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HomeMy WebLinkAbout09/08/1998 Regular . . . ~... J . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD TUESDAY, SEPTEMBER 8, 1998 The city of Springfield council met in regular session in the Springfield City Council Chamber Room, 225 Fifth Street, Springfield, Oregon, on Tuesday, September 8, 1998, at 7:00 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette, Councilors Maine, Beyer, and Dahlquist. Councilors Ballew and Shaver were absent (excused). Also present were City Manager Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Tim Harold, 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. INVOCATION The invocation was presented by Gary Emery, Calvary Temple. SPRINGFIELD UPBEAT 1. City Attorney Tim Harold administered the Oath of Office to Sid Leiken, City Councilor, Ward 4. 2. City Manager Mike Kelly recognized John Thomas for his donation of a memorial plaque to the city of Springfield. He explained this item would be rescheduled at a future date so Mr. Thomas could attend the meeting. 3. City Manager Mike Kelly announced that the city of Springfield was recognized by the Springfield Filbert Festival as the 1991 Nut of the Year Corporate Sponsor. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR DAHLQUIST, TO ADOPT THE CONSENT CALENDAR WITH ITEM 5B REMOVED. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. 1. Claims a. June 1998 Disbursements for Approval. b. July 1998 Disbursements for Approval. ~' .. City Council Regular Meeting Minutes September 8, 1998 Page 2 . 2. Minutes a. August 10, 1998 - Work Session b. August 17, 1998 - Work Session c. August 17, 1998 - Regular Meeting 3. Resolutions a. RESOLUTION NO. 98-52 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3- 045, WEST QUINAL T STREET SANITARY SEWER. WEST OF TAMARAC STREET. b. RESOLUTION NO. 98-53 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3- 036. 30TH STREET IMPROVEMENTS FROM MAIN STREET NORTH 700 FEET. SPRINGWOOD DEVELOPMENT. 4. Ordinances 5. Other Routine Matters a. Award Bid for Project 1-980, Fleet Building Replacement, Capital Bond Project, to Dorman Construction Co., in the Amount of $350,048. . c. Approve Endorsement of OLCC Liquor License Application forthe Alibi Tavern, Located at 2422 Main Street, Springfield, Oregon. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. Other Routine Matters b. Approve Endorsement of OLCC Liquor License for The Pump Cafe, Located at 710 Main Street, Springfield, Oregon. Mayor Morrisette recognized the applicants and thought they would do a good job at conducting business in Springfield. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR DAHLQUIST, TO APPROVE ITEM 5B. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. PUBLIC HEARINGS 1. Vacation of 18th Street Public Right of Way, South of A Street, Jo. No. 1998-07- 0166, City of Springfield Public Works Maintenance Division, Applicant. . ORDINANCE NO. 5893 - AN ORDINANCE VACATING THE FULL WIDTH OF 18TH STREET PUBLIC RIGHT OF WAY. EXTENDING SOUTH FROM A STREET TO ITS City Council Regular Meeting Minutes September 8, 1998 Page 3 . TERMINUS. IN THE CITY OF SPRINGFIELD. LANE COUNTY. OREGON AND DECLARING AN EMERGENCY. City Planner Mel Oberst presented the staff report on this issue. This is an application initiated right of way vacation submitted in accordance with the requirements of Section 9.010 of the Springfield Development Code. The Springfield Planning Commission unanimously adopted a final recommendation for the approval of this vacation request. If the Council agrees with the Planning Commission recommendation, the ordinance can be adopted by motion and vote. The Maintenance Division requests vacation of 18th Street to construct vehicle access to new shop facilities as a private driveway from South A Street. If approved, the Public Works Department will continue to maintain the road surface; utility access is continued by virtue of the ordinance language. An emergency is declared to expedite construction scheduling for the associated maintenance shop and avoid cost increases due to seasonal weather changes. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BEYER, TO ADOPT ORDINANCE NO. 5893. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. . 2. Public Hearing for Project 2-079, Improvements for Long Ridge Drive West of South 39th Street, and Vicinity. ORDINANCE NO. 5894 - AN ORDINANCE ADOPTING THE REPORT OF THE CITY ENGINEER FOR THE IMPROVEMENT OF PAVING. CURBS AND GUTTERS. SIDEWALK. STORM DRAINAGE. STREET TREES. SEWER. AND STREET LIGHT IMPROVEMENTS ALONG LONG RIDGE DRIVE WEST OF 39TH STREET. AND VICINITY. 2-079. AND DECLARING AN EMERGENCY. City Engineer AI Peroutka presented the staff report on this issue. Council initiated this project on June 1, 1998 at the request of Attorney Michael Farthing, representing Mr. Ken Kearney. The proposed project would extend Long Ridge Drive to Mr. Kearney's easterly property line, thus providing access for Kearney's 13-lot subdivision development. The LeMoignes are opposed to doing the street improvement at this time, as they feel the timing for the improvement is being driven by Mr. Kearney's desire to develop and not by their own development requirements. . Last June, it was hoped that the LeMoinge's and Kearney's would negotiate a private agreement for the construction of the public improvements as that would be the least expensive method for the projects. However, there is no agreement and Mr. Kearney is requesting his project not be delayed due to the LeMoigne's street improvement. Therefore, staff recommends approval of the street improvement project with sanitary sewers in Long Ridge Drive as presented. Assessment funding for this project is included in the next supplemental budget request. City Council Regular Meeting Minutes September 8, 1998 Page 4 . Mr. Peroutka clarified that the agenda item summary had an error in it. He explained that the June 1 st date should be changed to correctly reflect the date of June 15, 1998. Mr. Peroutka answered questions from council. Mayor Morrisette opened the public hearing. 1. Larry LeMoigne, 3853 Jasper Road, spoke regarding the improvement project. He said he and his wife were on a fixed income and could not afford assessment fees associated with the project. He recommended council oppose the project. Mr. LeMoigne presented photographs for the public record. 2. Maureen LeMoigne Schumacher, 3858 Long Ridge, expressed concern regarding the proposed assessment. She said she could not afford the assessment expenses. She suggested Mr. Kearney clean up his property. 3. Linda LeMoigne, 3853 Long Ridge Drive, expressed concern regarding the proposed assessment. She said she could not afford the cost of the proposed project. . 4. Harry Plouse, 3874 Long Ridge Drive, expressed concern regarding the proposed project and said they did not have prior knowledge of the project. He said they lived next to the LeMoigne family for many years. Ms. Plouse also testified regarding the project. 5. Norma Kearney, 3805 Jasper Road, previous owners of Vandburg Nursery, said as a result of previous street improvement construction, she was forced to close her nursery business. She said customers were not able to access her business due to roadwork. 6. Kenneth Kearney, 3805 Jasper Road, said he was the former owner of Vandburg Nursery. He discussed the impact of the Jasper Rod improvement project and said the road project forced him to close his business. Mr. Kearney discussed sewer easement shared costs previously discussed with Mr. LeMoigne. Mr. Kearney said Mr. LeMoigne no longer supported improvements. ,Mr. Kearney said Mr. LeMoigne signed an improvement agreement several years ago. He felt the agreement should be enforced. Mayor Morrisette would allow Mr. Kloos to testify when he arrived. Other than that testimony, the public hearing was closed. Mayor Morrisette closed the public hearing. . Mr. Peroutka answered questions regarding the improvement agreement. He discussed the obligation and the delay of such obligation. He also clarified information regarding notification regarding the project. He said there was a City Council Regular Meeting Minutes September 8, 1998 Page 5 . neighborhood meeting in which notification was provided. Audience members discussed lack of formal notification. Supervising Civil Engineer Don Branch explained that parties were notified. He said when the neighborhood meeting was scheduled, Mr. LeMoigne said he would notify his family. He said the Kearney's were also notified. City Planner Mel Oberst discussed annexation of properties. Mayor Morrisette asked what prompted the project. Mr. Peroutka discussed timing of road improvements. He also discussed issues related to conducting a partial improvements at a later date. Councilor Maine asked about the nursery boundary. Mr. Peroutka discussed where the Kearney property was and how access was provided to Vandburg Nursery property. Mr. Peroutka discussed panhandle lots and access. He said a full size street off Jasper Road might not be an option if there was not enough room. Councilor Maine and Mayor Morrisette discussed zoning intent and regulations related to this issue. . 7. Mr. Kloos. 767 Willamette, Suite 203, representing The LeMoigne family, submitted written information regarding this issue. He spoke in opposition of the proposed project. He said the LeMoigne's did not receive appropriate legal notice of the proposal, as required for adjoining property owners. He said he would file an appeal as allowed. He also said the tentative subdivision approval required a condition that required the Kearney's complete the 'entire project. He said the applicant was required to provide improvements (where improvements on Long Ridge Drive end, on the east, condition required that they do improvements from that point west). He said if the project was launched now, it would be during the wet season. He said the project was more costly to construct during the wet season. He also said that increase in cost would be placed upon his clients. He said Mr. Kearney wanted the project done now and wanted to move quickly at the expense of other property owners. Mr. Branch discussed dedicated right of way. Councilor Leiken said he wished the two parties could have come to an agreement. He said he saw two families in opposition as a result of this project. He said an agreement was signed and would most likely be enforced at some point. Mr. Harold said staff would need to further research notification regarding the project. He discussed the issue of improvements and construction during the wet season. Mr. Branch said the project was initiated by council and the Kearney's had applied for permits and city denied the permits because of access, therefore, the emergency clause was added. . Mr. Kelly said because the ordinance contained an emergency clause, it would need to be adopted by a majority, four members, of the council. . . . . . City Council Regular Meeting Minutes September 8, 1998 Page 6 Councilor Maine was not certain the emergency clause was appropriate for this project. Councilor Dahlquist said the cost would be reduced if the project was completed at one time. Mr. Peroutka said the general rule was that the cost might be a little less to complete the project all at once. Mr. Kelly said council could allow some type of bancroft financing for frontage and council could be provided with the pros and cons of doing so. He said it would lessen the cost per foot. Mr. Kelly said it would be good if some middle ground could be reached on the project. Mayor Morrisette discussed the agreement and at which point it would become enforced. Mr. Kearney discussed plan approval and requirements made by the city. He suggested a gravel access be placed and let the Kearney's move forward. This would allow cost savings for the LeMoigne's. Mayor Morrisette discussed a partial road as an option. He hoped to work toward equity between the families. Councilor Maine discussed the difficulty of this situation along with the requirements of executing legal agreements. In an effort to offer come creative solutions, Mr. Kelly provided a few ideas regarding frontage paving, withholding strip, reimbursement and access. Mr. Kloos discussed creative solutions offered. He provided information regarding past experience and it may be a workable suggestion. Mr. Kearney said he has tried to work with the LeMoigne's. Mr. Kearney discussed offers made by the LeMoigne's regarding the project. He discussed the project cost. He said he has paid for most of the engineering and survey costs for the project. Councilor Beyer discussed improvement agreements. She said if a signed improvement agreement exists, it should be honored. Mayor Morrisette discussed the options available at this time. He sympathized with the comments made and acknowledged the financial hardship imposed on property owners. Council could move forward to seek bids. The bid would be brought forward for council review and action for acceptance or rejection. IT WAS MOVED BY COUNCILOR LEI KEN, WITH A SECOND BY COUNCILOR MAINE, TO PROCEED WITH THE STAFF RECOMMENDATION ON THE PROPOSED PROJECT, ADOPTION OF ORDINANCE NO. 5894. THE MOTION PASSED BY A VOTE OF 4 FOR AND 0 AGAINST. City Council Regular Meeting Minutes September 8, 1998 Page 7 . BUSINESS FROM THE AUDIENCE 1. Harry Roberts, 2285 E Street, Springfield, expressed concern regarding a high-speed police chase. He said the Police Department endangered his safety. He also said that the officers need to pay more regard to the citizens of Springfield. Mr. Kelly said he would provide council with a written response regarding this issue. Mr. Roberts would also be contacted. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence From Neil Binnebose, 2206 J Street, Springfield, Regarding Street Lighting. [See attached response memorandum from Springfield Utility Board.] IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BEYER, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. . Mayor Morrisette would send an acknowledgment regarding receipt of Neil Binnebose's correspondence. He would also provide a copy of Springfield Utility Board's response regarding the issue. BIDS ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments 2. Business from Council a. Committee Reports 1. Councilor Dahlquist announced he would not be able to attend the September 10, 1998 McKenzie Watershed Council meeting. 2. Mayor Morrisette announced that a Metro Policy Committee meeting was scheduled for Thursday, September 10. He said Councilors Shaver and Maine would be attending. b. Other Business . BUSINESS FROM THE CITY MANAGER tity Council Regular Meeting Minutes September 8, 1998 Page 8 . 1. Memorandum of Understanding (MOU) to Establish an Interagency Pollution Prevention Initiative in the Lane County Area. RESOLUTION NO. 98-54- A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN EUGENE PLANNING AND DEVELOPMENT. CITY OF SPRINGFIELD. EUGENE WATER AND ELECTRIC BOARD. LANE REGIONAL AIR POLLUTION AUTHORITY, OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ). AND SPRINGFIELD UTILITY BOARD TO ESTABLISH THE LANE AREA POLLUTION PREVENTION COALITION (P2C). Ms. Kagelaris presented the staff report on this issue. A pollution prevention information network and task force for agencies and jurisdictions within the Lane County area has been formed by staff of several local agencies. This network is called the Lane Area Pollution Prevention Coalition (P2C). The team members represent state and local agencies working to promote compliance with environmental regulations and pollution prevention through coordinated communication and education. It is now appropriate for the governing bodies of these agencies to confirm formally their participation in this initiative. . Pollution prevention can be simply defined in common sense terms: eliminate source of pollution, conserve materials that are the source of pollution, or totally reuses the materials that are the source of the pollution. Some examples are switching to less toxic cleaners, purchasing products with less packaging, and filtering automotive fluids for reuse. The benefits to Springfield citizens from this effort include consistent and coordinated pollution prevention information, reduce pollution and increased efficiency and cost savings through intergovernmental coordination. In addition, the MOU formalizes the partnership between the DEQ, the dispersal agency for Pollution Prevention Incentives for State (PPIS) grants, and local jurisdictions. Evidence of these formalized partnerships has been requested by the EPA when dispersing PPIS grant program money. There is no financial impact to the city of Springfield by entering into this agreement. Receipt of future pollution prevention grant monies may require in kind services on the part of city staff. Mayor Morrisette suggested the agreement include MWMC as a signatory. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR DAHLQUIST, TO ADOPT RESOLUTION NO. 98-54. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. 2. Other Business BUSINESS FROM THE CITY A TIORNEY . . . . City Council Regular Meeting Minutes September 8, 1998 Page 9 ADJOURNMENT The meeting was adjourned at 9:05 p.m. Minutes Recorder - Julie Wilson Shaver Attest: