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HomeMy WebLinkAbout10/19/1998 Regular . . . '.~ MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, OCTOBER 19,1998 The city of Springfield council met in regular session in the Springfield City Council Chamber Room, 225 Fifth Street, Springfield, Oregon, on Monday, October 19, 1998, at 7:00 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette, Councilors Ballew, Beyer, Dahlquist, Leiken, Maine and Shaver. Also present were City Manager Michael Kelly, Assistant City Manager Gino Grimaldi, 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. Council President Greg Shaver Recognized Mayor Morrisette and Announced that he received the 1998 Governor's Arts Award. Mayor Morrisette was one of six recipients who were honored on Friday, October 17, 1998, at the Pacific Northwest College of Art. Mayor Morrisette has been an advocate for the arts, open spaces and city beautification. 2. City Manager Mike Kelly Recognized Jenny Peterson, Springfield Library, for Twenty Years of Service to the City of Springfield. 3. City Manager Mike Kelly Recognized Jodi Peterson, Development Services Department, for Twenty Years of Service to the City of Springfield. 4. City Manager Mike Kelly Recognized John Thomas for his Donation of a Memorial Plaque to the City of Springfield. 5. Fire Chief Dennis Murphy Recognized Fred Lundgren and Staff Members from Lane Community College as Being Recipients of the Eldon G. Schafer Endowment for Innovation A ward. 6. Lane County Emergency Manager Ike Jensen, Oregon Emergency Management Association, Recognizes Springfield School District, Peace Health Hospital, McKenzie Willamette Hospital and the City of Springfield for Outstanding Public Service. 7. City Manager Mike Kelly Announced Completion of the South Springfield Interceptor. 8. Mayor Morrisette Proclaimed October 19-23, 1998 as Voice of Democracy Week. 9. Mayor Morrisette Proclaimed October 23-31, 1998 as Red Ribbon Week. 10. Mayor Morrisette Announced October 21, 1998 as Springfield Appreciation Day and Announced the Sale of Harper Collins Publishers Book, The Simpsons Guide to Springfield. . . . .. Regular Meeting Minutes October 19, 1998 Page 2 CONSENT CALENDAR IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims 2. Minutes a. September 21, 1998 - Work Session b. September 21, 1998 - Regular Meeting c. September 28, 1998 - Work Session d. October 5, 1998 - Regular Meeting 3. Resolutions a. RESOLUTION NO. 98-60 - A RESOLUTION TO ACCEPT PROJECT 1-961, SOUTH SPRINGFIELD INTERCEPTOR, FROM H & J CONSTRUCTION, INC., IN THE AMOUNT OF $3,945,074.85. b. RESOLUTION NO. 98-61 - A RESOLUTION TO ACCEPT PROJECT 2-022, SPORTS CENTER PARKING LOT, FROM BABB CONSTRUCTION CO., INC., DBA DELTA CONSTRUCTION CO. IN THE AMOUNT OF $189,658.56. 4. Ordinances a. ORDINANCE NO. 5896 - AN ORDINANCE VACATING A PORTION OF A STORWATER DRAINAGE EASEMENT AND A PORTION OF A SANITARY SEWER EASEMENT IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON (SECOND READING). 5. Other Routine Matters a. Award the Following Contract and Authorize the City Manager to Execute the Contract to Hughes Fire Equipment, Inc.lPierce Manufacturing, Inc. in the Amount of$258,390 for the Construction and Delivery of One, Pierce Fire Pumper. b. Approve the September 1998 Quarterly Updated Financial Reports. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 1. Vacation of92 Linear Feet of Public Alley Right-of-Way Adjoining Tax Lot 300. ORDINANCE NO.2 - AN ORDINANCE VACATING A PUBLIC ALLEY RIGHT-OF- WAY LOCATED IN THE 900 BLOCK OF J STREET BETWEEN TAX LOTS 300 AND 2600 IN THE CITY OF SPRINGFIELD, LANE COUNTY OREGON (151 READING). . . . .. Regular Meeting Minutes October 19, 1998 Page 3 City Planner Kitti Gale presented a staff report on this issue. This right-of-way vacation was submitted in conformance with the requirements of Section 9.010 of the Springfield Development Code by Springfield School District 19. The Springfield Planning Commission adopted a recommendation to council of approval for this vacation request on October 6, 1998. As required by statute, the council must take final action on this request. If the council agrees with the Planning Commission's recommendation, the ordinance can be adopted by a motion and vote at the November 2, 1998 council meeting. The applicants are requesting this vacation to regain full use ofthe property. School District 19 is currently using the unimproved strip of land since the alley to the west was vacated and included in school property (Tax Lot 2600). The city has no Conceptual Road map plans for this portion of the alley. Ms. Gale answered questions from council and reviewed the attachments in the staff report. She also clarified location of the right-of-way being proposed. Mayor Morrisette opened the public hearing. 1. Stephen M. Barrett, Springfield Schools, 500 North 58th, Springfield, spoke in favor ofthe proposal. He said the turn-around lane would most likely be used in the morning and afternoon, so it would include two uses per-day. He said he thought the DiFiore's liked the idea of a fence being placed. Mr. Barrett requested council support of the proposal. Councilor Ballew reviewed the map on C4 of the staff report. Mr. Barrett said the proposed is east to west, the slanted line was for sewer lines. He said the vacation would allow for about 10 parking spaces. Tax Lot 300 is north of the proposed vacation. South of the alley below Tax Lot 300 is owned by the School District. 2. Fred Simmons, 312 South 52 Place, said he did not think the project could go forward without any problem, however, if they want to sell it for some other use, it could be a problem. He went on the record stating that in this particular case, he did not like to see the transition of public property and expressed the need to be protective. Mayor Morrisette closed the public hearing. Councilor Shaver said the best time to request specific conditions (fence the area, etc.), is during the site review process. [Please Note Correspondence and Petition Item Number One, Letter from Mr. and Mrs. Shawn K. DiFiore Regarding this issue.] BUSINESS FROM THE AUDIENCE 1. Stephen J. Carmichael, Director, Department of Youth Services, Requesting Funding for Court Schools. Stephen J. Carmichael requested support for a Court School. The Court School was conceived of by Judge Ann Aiken and endorsed by the school district, the county and city of Eugene. School Superintended Jamon Kent is also a supporter. Regular Meeting Minutes October 19, 1998 Page.4 . City Manager Mike Kelly provided a staff response regarding this issue. By correspondence from Steve Carmichael, council is being asked to provide $10,000 in FY 98/99 funding for a Court School to be managed by the Lane County Department of Youth Services. As noted in Mr. Carmichael's letter, $303, 620 has already been secured from other sources. Mr. Carmichael requests the additional $10,000 in order to fund their expected budget costs of $313,620. The Court School concept has been developed over the past two years and has had a successful 10 weeks of "pilot" operation. It is one ofthe important aspects of next months' PSCC levy proposal. If this levy proposal is successful, the Court School will be funded annually beginning July 1, 1999. According to Mr. Carmichael, bridge funding is needed between now and when levy funds would be available. . Mr. Kelly said even though the Court School serves a very worthwhile purpose in helping to integrate and transition troubled youth back into traditional school settings, emergency funding ofthis program, at this time, is premature. No surplus funds exist in either the city's social services or the Police Department's budget that could accommodate this request. Any consideration of appropriating General Fund reserves should await the electorate's decision regarding the total PSCC proposal on November 3rd. If the levy proposal is successful at the polls and the Council then wishes to provide bridge funding, staff will prepare a list of possible funding sources. If, however, the measure is not successful and theCounciJ wishes to appropriate some additional money to public safety and criminaljustice activities, Court. _ School funding is only of one of the many elements that should be considered. Council would not take any action at this time. 2. Jamon Kent, 525 Mill Street, said in September representatives of the Eugene/Springfield area went to Washington D.C. to request, 1) more adults with children (student/teachers ratio); 2) conduct a conference; 3) demonstration sites for best practices; and 4) assistance to communities. He said the President has responded to several of the issues in direct response to the Washington DC visit. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence From Mr. and Mrs. Shawn K. DiFiore, 929 J Street, Springfield, Expressing, Opposition to the Proposal for Vacation of Public Alley Right-of-Way. See Public Hearing Number One. 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. 2. Correspondence from Robert Johnson, Manager of Chalet Village R.V. Park, 205 South 54th Street, Springfield, Regarding Enforcement of No Overnight Truck Parking. . [See Staff Response Provided.] Regular Meeting Minutes October 19, 1998 Page 5 . 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. 3. Correspondence From James Spickerman, Gleaves, Swearingen, Larsen, Potter, Scott and Smith, LLP, PO Box 1147, Eugene, Regarding Main Street and 58th Street Traffic Islands. ' James Spickerman, 975 Oak Street, #800, Eugene, attorney representing Bi-Mart, spoke regarding this issue. He explained that Bi-Mart and other merchants in the area oppose the construction of the traffic islands. He discussed traffic flow issues. 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. 4. Correspondence From Karen Romero, Selco Credit Union, PO Box 7480, Eugene, Regarding Final Design of the Main Street Islands at the 58th and Main Area. Karen Romero, 3420 Hathaway Avenue, Eugene, representing SELCO, thanked council for taking time to review this issue. Her concerns included access to property off Main Street. She thought the proposed island design would impact turn lanes for ingress and egress off of their property and neighboring business, Traffic flow was further discussed. . 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. [See Staff Response Provided Regarding the Issue Noted in Correspondence Numbers Three and FouL] 5. Correspondence Distributed from Bill Kloos, 767 Willamette, Suite 203, Eugene, Representing clients (c/o Linda LeMoigne), regarding the Long Ridge Drive Improvements under the LeMoigne improvement agreement., ,It stated that they feel the city should not award the contract for the public improvement project for the LeMoigne.segment of Long Ridge Drive and further discussed this in detail. 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 I. Bid Award for Project 2-079, Long Ridge Drive Improvements, 100 feet West of South 39th Street, and Vicinity. . City Engineer Al Peroutka presented the staff report on this issue. The council has initiated and adopted the Engineer's Report for the Long Ridge Drive improvement project. Bids have been received and contract award is now necessary to enable work to proceed. Regular Meeting Minutes October 19, 1998 Page 6 . This project consists of the installation of 200 feet of paving, curbs and gutters, sidewalks, storm drainage, sanitary sewer, and street light improvements for Long Ridge Drive, 100 feet west of South 39th Street, and vicinity. The following bids were received and opened in the Finance Department on October 8, 1998: Delta Construction Co. Wildish Construction Co. Eugene Sand and Gravel, Inc. Centerline Excavation and Construction, Inc. D & R Excavating $57,834.90 $66,644.50 $68,111.50 $69,898.00 $87,472.57 With the new price bid by Delta Construction Co., the revised total estimated assessable cost is $70,253.90. The total assessable cost applied to the property on each side of Long Ridge Drive is approximately $35,126.95. The intent is to begin construction of this project when the road work on the Kearney Acres development, immediately west of this project, is substantially complete. Sufficient funds are budgeted in the Long Ridge Drive project account, Fund 19 and Fund 01, to allow contract award. . Councilor Shaver discussed options including use of an improvement agreement. He said it, could reduce cost for everyone when the agreements are called in and often completed with a larger scale improvement project. He discussed the different options of 1 ) awarding the bid; or 2) postpone the award for 45 days. He said it was a difficult situation. 1. Larry Thorp, 655 N. A, Springfield, representing Ken and Norma Kearney, provided council with background regarding the Kearney's purchase ofVandburg Nursery. Because of Jasper Road improvements, business was unsuccessful. In order to payoff their obligations to their lenders, they subdivided the property into lots so it could be sold. This would generate income so they could pay off their debits. He said it was obvious that for them to build their subdivision, improvements need to be completed. This now impacts adjacent property owners. Mr. Thorp provided council'with a handout regarding this issue. He said the contract language states that the contractor does not need to proceed until the Kearney's are substantially complete with their property. He said the LeMoigne's can delay so they do not have to pay for the project: He said the only way this will proceed is if council awards the bid. He said the LeMoigne's are looking for assistance in financing. He said the Kearney's need the money to pay for existing mortgages against the property. The LeMoigne should pay for their portion of the street. 2. Maureen LeMoigne Schumacher, 3858 Longridge Drive, Springfield, said she understood that the Kearney's had dropped the application for the proposed subdivision. She said there was no emergency to go forward. She said the hardship would impact three families. She asked that council help her. She could not pay for the project. 3. Linda LeMoigne, 3853 Longridge Drive, Springfield, said they should not have to bailout the Kearney's. She said her family did not have the money to pay for the project. . Councilor Shaver said this was a difficult situation. He said a system was in place where improvement agreements exist. He did not see where a delay would help. He was supporting Regular Meeting Minutes October 19, 1998 Page 7 . acceptance of the bid and award to Babb Construction. He wanted to see the families get together and work something out. He said they may find a creative solution. He suggested bancroft options be offered to the parties to reduce the burden on everyone. Mr. Kelly said city staff has tried to negotiate with the two parties and the city would be willing to look into Bancroft assistance as well as sale of the frontage. He said all parties have been encouraged to work with the city. These efforts have been unsuccessful. Mr. Leahy said AI Peroutka and Bob Duey have personally talked with legal representation for all parties. He said despite the good faith of all involved, due to finances of all parties, difficulties have risen. Councilor Maine said the development required paving. The improvement agreement came subsequent to the current development proposal. She said if development is to pay for itself, then the improvements agreement is the right way to do it. That is the method in place. It allows for flexibility and payment. Mr. Peroutka said one method of guaranteeing is to award the bid. They could go forward with the plans and allowing construction in Kearney Acres. . Mr. Leahy said Mr. Kloos filed a belated appeal of the Kearney subdivision. The basis was that the LeMoigne's had failed to receive appropriate notice of the proposed development. The Planning Staff reviewed its record and acknowledged that there was an error. Mr. Thorp requested the matter be brought back and recycled, and the LeMoigne's be offered the opportunity to provide public testimony. On Friday, the city filed a notice of withdrawal with LUBA. The matter will now come back to city planning staff who will review the decision and provide notice to everyone, an opportunity to comment, and may. start an appeal. It will start over. He did not know to what extent the LeMoignes would participate in the subdivision appeal process. Councilor Ballew said the improvement agreements are a commitment by those who sign them. Mayor Morrisette said this was a very difficult issue. He said we follow the law and an improvement agreement is something the council can call for. Councilor Leiken asked who signed the improvement agreement. Mr. Leahy said Mr. LeMoigne Senior had signed it. . IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO AWARD THE SUBJECT CONTRACT TO BABB CONSTRUCTION CO. IN THE AMOUNT OF $57,834.90. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST (LEIKEN). IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO REQUEST THAT STAFF CONTINUE TO WORK WITH ALL THREE PARTIES. IT WAS ALSO DIRECTED THAT STAFF RESTRUCTURE BANCROFT AGREEMENTS TO 15 OR 20 YEARS IF IS HELPS PARTIES. IF REQUESTED BY THE PARTIES, STAFF WILL ALSO STAY INVOLVED WITH THEM, PROVIDING MEDIATION AND WORK WITH THEM TO FIND SOMEONE TO TAKE A PORTION OF THE PROPERTY, IF REQUESTED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. Regular Meeting Minutes October 19,1998 Page 8 . ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments 2. Business from Council a. Committee Reports b. Other Business BUSINESS FROM THE CITY MANAGER 1. 1998-99 Community Development Block Grant Funding (CDBG). Economic Development Manager John Tamulonis presented the staff report on this issue. The council took action on April 20, 1998 to allocate $155,169 to the Springfield Community Development Corporation for the acquisition of the St. John's Church for conversion to the Springfield Community Service Center. This action was subject to two conditions, l)land use approval; and 2) staff review of financial feasibility. . Condition 1. Land Use Approvals. The Planning Commission took the following action on September 15, 1998: "It was moved by Commissioner Ralston, with a second by Commissioner Cole, to approve the Formal Interpretation / Discretionary Use and Site Plan Applications, with adoption of the staff report conditions and findings offact." The motion passed with a vote of 6 for and 0 against. No appeals were filed on this action. Condition 2. Financial Feasibility. The feasibility study prepared by an outside consultant for this project is Attachment B. It indicates that the acquisition and operation of the St. John's Church property by the SCDC is economically feasible. Net Operating Income is estimated to be $19,000 in Year One, increasing to $38,000 by Year Four when a long-term loan will be applied for. Approximately '$32,000 more is needed in Year Four to cover the costs of the facility, including accumulated interest. The SCDC will conduct a capital campaign to raise $150,000 for the facility with funds raised from foundations, corporate donors and local fund raising efforts. This will cover the required $32,000. Any funds t:aised in excess of $32,000 will further reduce the long-term loan required. Based on the land use approval and positive conclusions reached by the consultant regarding the feasibility of this proposal staff recommends the release of the CDBG funding by the council for this purpose. The release of funds should be made contingent on the SCDC receiving loan approval by The Enterprise Foundation. Councilor Ballew announced that she would abstain from voting as she did not know how this would impact her and she lived near this location. . Councilor Leiken would abstain from voting since his wife was a loan officer of a bank that may be involved in the financing. . . . . . Regular Meeting Minutes October 19, 1998 Page 9 Mayor Morrisette said he as was an Enterprise Foundation Board Member and would not vote due to a conflict of interest. Councilor Maine supported going forward. She reminded everyone that the money was for the community benefit. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO AUTHORIZE RELEASE OF 1998-99 CDBG FUNDS TO THE SPRINGFIELD COMMUNITY DEVELOPMENT CORPORATION FOR THE PURPOSE OF ACQUIRING THE ST. JOHN'S CHURCH BUILDING. RELEASE OF FUNDS IS CONTINGENT ON THE SPRINGFIELD COMMUNITY DEVELOPMENT CORPORATION RECEIVING LOAN APPROVAL FOR THIS PROJECT FROM THE ENTERPRISE FOUNDATION. THE MOTION PASSED WITH A VOTE OF 4 FOR, 0 AGAINST, AND 2 ABSTENTIONS (BALLEW, LEIKEN). 2. Other Business Mike Kelly reminded everyone of the scheduled Mayors Tribute Ball. BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned at 9:00 p.m. Minutes Recorder - Julie Wilson Tern / Council President GregShaver ~ 71/ f\d, J /(j.) (j.Jf'-J