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