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HomeMy WebLinkAbout12/15/1997 Regular . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, DECEMBER 15,1997 The city of Springfield council met in regular session in the Springfield City Council Chamber Room, 225 Fifth Street, Springfield, Oregon, on Monday, December 15, 1997, at 7:00 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette, Councilors Ballew, Beyer, Burge, Dahlquist, Maine and Shaver. Also present were City Manager Michael Kelly, City Attorney Joe Leahy, Senior Management Analyst Rosie Pryor, City Recorder Julie Wilson and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Morrisette. SPRINGFIELD UPBEAT 1. Chief of Police Bill DeForrest recognized Bob Baker, Police Department, for 45 years of service to the city of Springfield. . 2. Chief of Police Bill DeForrest recognized Alan Carlson, Police Department, for 31 years of service to the cityof Springfield. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT THE CONSENT CALENDAR WITH ITEM 5(A) REMOVED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims 2. Minutes a. November 10, 1997 - Work Session b. November 17, 1997 - Work Session c. November 17, 1997 - Regular Meeting d. November 24, 1997 - Joint Meeting with Springfield School District #19 e. November 24, 1997 - Work Session 3. Resolutions . a. RESOLUTION NO. 97-55 - A RESOLUTION AUTHORIZING APPROVAL OF SOUTH 41 ST PLACE IMPROVEMENT PROJECT NUMBER 3-044 AND AUTHORIZATION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH LANE COUNTY FOR SOUTH 41ST PLACE IMPROVEMENT. b. RESOLUTION NO. 97-56 - A RESOLUTION APPROVING AUTHORIZATION FOR ASSESSMENTS ON SOUTH 41 ST PLACE IMPROVEMENT PROJECT NUMBER 3- 044. Minutes of the Regular Meeting December 15, 1997 Page 2 . c. RESOLUTION NO. 97-57 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO A WARD COMPETITIVE BIDS AMOUNTING TO MORE THAN $15.000 DURING THE PERIOD OF DECEMBER 16. 1997, TO JANUARY 19,1998. WHILE THE CITY COUNCIL IS IN RECESS. d. RESOLUTION NO. 97-58 - A RESOLUTION ACCEPTING PERMIT PROJECT 3-008. 9TH STREET IMPROVEMENT BETWEEN G STREET AND HIGH SCHOOL. e. RESOLUTION NO. 97-59 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-014. FILBERT LANE AND HORACE STREET IMPROVEMENTS. f. RESOLUTION NO. 97-60 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-029. Q STREET ADJACENT TO BLOCKBUSTER VIDEO AND TCBY, NEAR 177/183 Q STREET. 4. Ordinances ITEMS REMOVED FROM THE CONSENT CALENDAR 5. Other Routine Matters a. Approve Amendment to the Springfield City Council Operating Policies and Procedures. . Councilor Shaver requested that Section 3.8, page 13 be corrected. Reference to interviewing Human Right Commission members needed to be deleted. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT THE OPERATING POLICIES AND PROCEDURES AS AMENDED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. PUBLIC HEARINGS 1. Request for Vacation of Two Ten Foot Wide Public Sanitary Sewer/Storm Drainage Easements; Pacdyn, L.L.C., Applicant. ORDINANCE NO. 5869 - AN ORDINANCE V ACA TING TWO TEN FOOT WIDE .. SANITARY SEWER/STORM DRAINAGE EASEMENTS. LANE COUNTY OREGON PLAT RECORDS: AND DECLARING AN EMERGENCY. City Planner Lauren Lezell presented the staff report on this issue. The applicant is requesting vacation of two sanitary/storm easements in order to allow for the construction of a 34-unit multiple-family residential complex. . The easements were created to provide sewerage and storm drainage in the area between North A Street and Main Street. Alternative easements along the east and west property lines will handle all existing and future public storm and sanitary sewers. The easements requested to be vacated are no longer needed. There are no storm or sanitary structures or other utilities built within the easements. The emergency procedure is needed because the applicant has received tentative site plan approval and is ready to submit building plans for this development. Minutes of the Regular Meeting , December 15,1997 Page 3 . Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT ORDINANCE NO. 5869. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Establishing Liens for Grass and Weeds Cutting Charges. RESOLUTION NO. 97-61 - A RESOLUTION THAT THE FINANCE DIRECTOR OF THE CITY OF SPRINGFIELD BE AND IS HEREBY DIRECTED TO ADD TO THE LIEN DOCKET THOSE OF THE PROPOSED ASSESSMENT LIENS WHICH ARE UNPAID BY JANUARY 12. 1998, UPON THE PROPERTIES DESCRIBED. ATTACHED TO THE RESOLUTION, AND BENEFITED BY THE DESCRIBED NUISANCE ABATEMENT. Bob Duey presented the staff report on this issue. Under the authority of the Springfield Municipal Code (5.006) and the Uniform Fire Code (Appendix II-P), liens may be placed on the underlying real property as a means of enforcing collection of the grass and weeds cutting charges. The Council is requested to establish liens for these charges totaling $2,900. . Each summer the Department of Fire and Life Safety notifies property owners whose grass and weeds constitute a fire hazard. Property owners are given ten days to comply with the Code by cutting the grass and weeds themselves. If the property owner fails to do so, the City hires a contractor to do the work. Property owners are then billed for the cost of cutting their weeds. Approximately four accounts totaling $2,900 remain unpaid. Owners of these properties were notified that the city intends to place liens on their property, and informing them of the public hearing. These liens are subject to immediate foreclosure under the city's normal process which may end in a foreclosure sale. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT RESOLUTION NO. 97-61. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE 1. Shirley Gauthier, West M Street, spoke regarding homeless issues. She discussed comments previously made by a Springfield council member regarding homeless individuals. She shared information regarding homeless and working homeless individuals she has encountered in our community and discussed their needs. She supported assisting the homeless. 2. Robert Clark, 2485 E Street, provided council with a video of the Springfield parade. He requested that council contact Robert Lewis of Metro Television and ask them to broadcast this tape close to Christmas. . Mayor Morrisette would write a letter to Mr. Lewis requesting that the tape be televised. 3. Melody Chord, 2485 E Street, spoke in support of community television and the coalition to rebuild community television. She provided council with a handout regarding community television and multi media planning. She discussed the benefit to the community. Minutes of the Regular Meeting , December 15, 1997 Page 4 . COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. A petition from Members of the Citizens Concerned about Springfield Quarry Expansion, listing concerns as justification not to allow Springfield Quarry to expand beyond their current eastern boundary of operations, to surrounding property, currently zoned for exclusive agricultural use, designated on Assessors Map 18-03-01, as Tax Lot 502. The petition was signed by 19 individuals. Council was provided with a memorandum from Planner Mark Metzger to Susan Daluddung regarding Springfield Quarry Metro Plan Amendment. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BIDS ORDINANCES BUSINESS FROM THE CITY COUNCIL . 1. Committee Appointments a. Eugene Springfield Metropolitan Partnership Board of Directors. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO APPOINT JOHN LIVELY AS THE SPRINGFIELD REPRESENTATIVE FOR THE CLASS II DIRECTOR, WITH A TERM EXPIRING DECEMBER 31,2000. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. b. Arts Commission. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO REAPPOINT JUDITH MACOMBER, SHARON NEYLON, SCOTT WYLIE AND NADA ZA WODNY TO THE COMMISSION, WITH TERMS EXPIRING DECEMBER 41,2001. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO APPOINT VICKI ARNOLD TO FILL NAN KENNEDY'S POSITION, WITH A TERM EXPIRING DECEMBER 31, 1998. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. c. Library Board. . IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO APPOINT MS. VELASCO TO THE LIBRARY BOARD, WITH A TERM EXPIRING ON DECEMBER 31, 2001. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . Minutes of the Regular Meeting December 15, 1997 Page 5 . d. Community Development Advisory Committee. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO APPOINT DAN EGAN AND SEAN HARRY TO FILL THE TERMS THAT EXPIRE JUNE 30, 1999, AND APPOINT ROXIE CUELLAR, ROBERT "PAUL" NELSON, AND JOE MATHIEU TO FILL THE VACANT POSITIONS THAT EXPIRE ON DECEMBER 31,2001. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Business from Council a. Committee Reports b. Other Business 1. Councilor Burge presented council with a letter of resignation from City Council, Ward 4 position. His resignation will become effective at the conclusion of the council meeting immediately preceding the council's 1998 summer recess period. 2. Councilor Burge responded to comments made by Shirley Gauthier during business from the audience. 3. Councilor Shaver and Mayor Morrisette recognized and thanked Councilor Burge for his dedicated service. . BUSINESS FROM THE CITY MANAGER 1. Budget Transfer. RESOLUTION NO. 97-62 - A RESOLUTION RECOGNIZING AND APPROPRIATING A GRANT IN THE SPECIAL REVENUE FUND; RECOGNIZING AND APPROPRIATING A DONATION IN THE GENERAL FUND: AND TRANSFERRING AND REAPPROPRIATING FUNDS IN THE SPECIAL REVENUE FUND. THE METRO W ASTEW A TER FUND. THE DEVELOPMENT ASSESSMENT FUND. THE DEVELOPMENT PROJECTS FUND. AND THE G.O. BOND CAPITAL PROJECTS FUND. Finance Director Bob Duey presented the staff report on this issue. Several times throughout the fiscal year the Council is requested to make adjustments to the budget to reflect needed changes in planned activities; to recognize new revenues such as grants, or to make other required adjustments. The overall financial impact of the Regular Budget Transfer Resolution is to recognize and appropriate $59,807, and to transfer and re-appropriate $858,472. . IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT RESOLUTION NO. 97-62. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Proposed Amendments to the Disposition and Development Agreement Between the City of Springfield and Gateway Mall Partners. Minutes of the Regular Meeting , December 15, 1997 Page 6 . Development Services Director Susan Daluddung presented the staff report on this issue. Council reviewed negotiations and proposed amendments to the original October 14, 1988 Disposition and Development Agreement between the city of Springfield and Gateway Mall Limited Partnership. Council gave staff direction to pursue negotiations regarding proposed amendments to the Disposition and Development Agreement concerning a state-of-the-art theater at the at the Gateway Mall. In order to develop a community perspective on the proposal, a focus group including Mayor Morrisette, City Council President Greg Shaver, the City Manager and staff, Springfield Chamber, Willamalane Parks and Recreation, and School District #19 was formed, met and gave recommendations. It has taken six months to reach tentative agreement. In the process of negotiations, staff has accomplished the following: I. Solved existing wetland and maintenance issues. 2. Improved signage for the Gateway Mall and the city of Springfield. 3. Improved landscaping and seasonal planting at Mall site. 4. Firmed up obligations regarding the Springfield "feature' (marketing of Springfield through displays or artistic features as described on page 3 , section 4 of the Disposition and Development Agreement). Ms. Daluddung introduced Jerry McCuiston, Development Director, General Growth Properties, Inc., Robert T. (Bob) Buchanan, General Manager, Gateway Mall. She also recognized Administrative Aide Shari Higgins and City Attorney Joe Leahy for their efforts related to this project. . Ms. Daluddung said if council approved this issue, the 120 day period would begin tomorrow, December 16, 1997. Mr. McCuistion explained that General Growth was anxious to proceed with the project. Councilor Shaver acknowledged improvements made in the area. Mr. McCuiston agreed with the 120 day period beginning tomorrow. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO APPROVE THE AGREEMENT AS RECOMMENDED, WITH THE ONE CHANGE WHICH IS THE WORD "SECTION" REPLACING THE WORD "PARAGRAPH" AND AUTHORIZE THE CITY MANAGER TO EXECUTE THIS AGREEMENT AS AMENDED TO THE GA TEW A Y MALL P ARTNERS/CITY OF SPRINGFIELD DISPOSITION AND DEVELOPMENT AGREEMENT REGARDING THE PROPOSED MOVIE THEATER AT THE GA TEW A Y MALL. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 3. Other Business BUSINESS FROM THE CITY ATTORNEY . Mi~utes of the Regular Meeting , December 15, 1997 Page 7 . ADJOURNMENT The meeting was adjourned / recessed at 7:52 p.m. Minutes Recorder - Julie Wilson Attest: /1~~ ~Wilson City Recorder . . Bill Morrisette Mayor