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HomeMy WebLinkAbout11/02/1998 Regular . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, NOVEMBER 2, 1998 The city of Springfield council met in regular session in the Springfield City Council Chamber Room, 225 Fifth Street, Springfield, Oregon, on Monday, November 2, 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 Tim Harold, 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 provided by Pastor Steve Erickson, Springfield Faith Center. SPRINGFIELD UPBEAT CONSENT CALENDAR . IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims a. Approve September 1998 Disbursements for Approval. 2. Minutes 3. Resolutions a. RESOLUTION NO. 98-62 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-043,. OAK BREEZE SUBDIVISION, FORMERLY OAK MEADOWS ESTATES SUBDIVISION, PUBLIC IMPROVEMENTS. .4. Ordinances 5. Other Routine Matters ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS . BUSINESS FROM THE AUDIENCE '- . . . - City Council Regular Meeting Minutes November 2, 1998 Page 2 1. Trina Roberts, 2222 Shady Lane Drive, spoke regarding a ditch in her neighborhood that was unsightly and dirty. City Engineer Al Peroutka answered questions regarding this issue. Councilor Shaver thought it might be a good project for an Eagle Scout troop to work on. Mr. Peroutka left the meeting to talk with Ms. Roberts regarding this issue. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS I. Letter of Resignation From Mayor Morrisette, 225 Fifth Street, Springfield, dated October 28, 1998. 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. Councilor Shaver said he and the council have enjoyed working with Mayor Morrisette over the past several years. 2. Correspondence From J. Douglas McKay, McKay Investment Company, 2350 Oakmont Way, Suite 204, Eugene, Oregon, Regarding Decisions Made Regarding Development at the Springfield Mall Project. 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. City Engineer Al Peroutka discussed information provided in the staff response regarding this Issue. Mayor Morrisette said he was concerned with delays and the reputation of the city. He thought it was important to be proactive and let developers know what the process and time line is. Councilor Shaver said a large portion of the confusion was due to developing small portions versus one development. He said there were some things that would have been clearer to everyone if a master plan was initially prepared. Councilor Shaver said there was another issue regarding doing some work without required permits. Mayor Morrisette said it would be helpful to remind people what they are required to do and keep them updated. Councilor Shaver discussed the use of a demolition permit. He thought it might provide a good opportunity to inform developers what was and was not allowed once the demolition occurred. He said this would provide another opportunity to communicate and educate others on regulations. Mayor Morrisette clarified that he was not faulting the staff. . . . . City Council Regular Meeting Minutes November 2, 1998 Page 3 City Manager Mike Kelly said staff continues to welcome growth. He said demand for Development Services has increased and resources have decreased. He said the city also has new staff members onboard. He said if council heard of issues needing improvement, he would like to be informed. He said Springfield continues to welcome growth. Mr. Kelly said the company was asking to meet with council and he would like some direction from the council. Councilor Shaver said he would prefer that the City Manager's Office take the lead. If needed, Councilor Ballew could participate in the meeting. Councilor Maine suggested a Planning Commission member also be represented. 3. Correspondence From Jerry Ritter, Oregon Communities for a Voice in Annexations, PO Box 248, Philomath, Oregon, Regarding Annexation Agreements and Waive Rights of Remonstrance for Simple Partitions or Improvements. 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. Councilor Shaver concurred with the staff response provided. BIDS ORDINANCES 1. Vacation of92 Linear Feet of Public Alley Right-Of-Way, Adjoining Tax Lot 300. ORDINANCE NO. 5897 - 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 (SECOND READING). City Planner Kitti Gale presented the staff report on this issue. This right-of-way vacation application 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 conducted a first reading on October 19, 1998. The applicant is requesting this vacation to regain full use of the property. School District 19 has been 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. At the first reading the applicant gave testimony and one piece of correspondence was entered into the record. Ms. Gale said she has talked with Mr. Barrett and they were aware of logistics regarding this Issue. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT ORDINANCE NO. 5897. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . City Council Regular Meeting Minutes November 2, 1998 Page 4 . 2. Amendment of SDC Provisions of the Municipal Code. ORDINANCE NO. 5898 - AN ORDINANCE AMENDING CHAPTER 3 PUBLIC IMPROVEMENTS OF THE SPRINGFIELD MUNICIPAL CODE REGARDING SYSTEM DEVELOPMENT CHARGES WITHIN THE CITY OF SPRINGFIELD, AMENDING SECTION 3.414 AND SECTION 3.416 TO MAKE CLEAR THE APPLICATION OF THE EXEMPTIONS TO THE SYSTEM DEVELOPMENT CHARGES, AMENDING THE APPLICATION OF SYSTEM DEVELOPMENT CHARGES TO CONFORM TO THE CREDIT LANGUAGE OF ORS 223.304(3), AND DECLARING AN EMERGENCY. Senior Management Analyst Len Goodwin presented the staff report on this issue. The provision of the Springfield Municipal Code relating to credits against system development charges do not conform to the provisions of ORS 223.304(3) or to staff practice implementing the code. In addition there is confusion about whether a demolished use is covered by the exemption provisions or the credit provisions. Springfield grants credits against SDC charges for various infrastructure by private developers. Although staff has been granting credits against SDC charges consistent with State law, the language in the Springfield Municipal Code is more restrictive. In particular, credits that are now granted for offsite improvements are not permitted under the current Code, which allows credits only for excessive capacity. This housekeeping amendment makes the Municipal Code consistent with ORS and current city practice. If the Code is not changed, developments with offsite improvements would face larger SDC charges. . In addition, questions have been raised about the difference between an exemption from SDC charges based on a prior use and a credit against charges based on a prior use. A previously existing, but demolished, use is explicitly covered by the credit provisions of Section 3.416 of the Code, and limited to a period of two years after the demolition. Section 3.414(2) covers an exemption based on a prior use and is amended to clarify that it applies only to replacement of an existing use. The ordinance includes an emergency clause because the code does not conform to current practice and to conform practice to the code would increase development costs inappropriately. Mr. Goodwin provided additional information regarding credits. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT ORDINANCE NO. 5898. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 3. Uniform Fire Code Adoption, 1997 Edition. ORDINANCE NO.3 - AN ORDINANCE ADOPTING THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, PROVIDING FOR CERTAIN EXCEPTIONS AND MODIFICATIONS THERETO. (FIRST READING) . . . . - City Council Regular Meeting Minutes November 2, 1998 Page 5 Deputy Chief / Fire Marshal Dennis Shew presented the staff report on this issue. The Department of Fire and Life Safety is currently enforcing the 1994 Edition of the Uniform Fire Code with amendments. The Fire Code adopted by the city must be consistent with State Fire Protection Statutes, and equal to or more stringent than the Fire Code promulgated by the State Fire Marshal. The State Fire Marshal has adopted the 1997 Edition of the Uniform Fire Code with an effective date of April I, 1998. The significant change in this adoption is the increase in hazardous materials inspection fees. The fee schedule had not been changed since fees were established in 1991. The current fees range from $100 to $4000. Proposed fees range from $150 to $5000. The inspection fee increase will change the funding ofthe program from 1/3 fee supported to Y2 fee supported, with the remaining Y2 coming from the General Fund. Adoption of the 1997 Edition of the Uniform Fire Code with amendments will enable the Department of Fire and Life Safety to continue to provide a high level of fire safety protection within the city. Replacement of Uniform Fire codebooks will total approximately $1525. $725 was spent out of the 97-98 budget, with remaining $800 budgeted for 98-99. No action was required. The ordinance received a first reading by title. Mr. Shew said the cost for (HazMat) inspections would remain the same. Update of the code did not increase workload. Councilor Leiken said his dry cleaning business received its letter regarding this issue in a timely manner. He said the fees in Springfield are good compared to other cities. He said the increase was minimal and he did not anticipate that additional comments would be received. Councilor Leiken said the industry would be introducing a biodegradable solvent in the future. BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments, a. Councilor Shaver said due to the upcoming resignation of Mayor Morrisette, it is Council's duty to address the issue of the Mayor's vacancy. He indicated that he has talked with' council elect members and they were comfortable with going forward with the ,process to address this issue. Councilor Shaver said Councilor Maine has indicated an interest in serving as the next Mayor of Springfield. Councilor Maine said she would be honored to serve as the Mayor of Springfield and be able to represent the community. Council expressed their support for the appointment of Councilor Maine to the position of Mayor. IT WAS MOVED BY COUNCILOR SHA VER, WITH A SECOND BY COUNCILOR BALLEW, THAT COUNCILOR MAINE BE APPOINTED TO SERVE THE . . . -City Council Regular Meeting Minutes November 2, 1998 Page 6 REMAINDER OF THE MAYOR'S TERM, WITH APPOINTMENT TO TAKE EFFECT AT THE CONCLUSION OF MAYOR MORRISETTE'S 10 YEARS IN OFFICE, JANUARY 4, 1999. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. Due to the recent action taken, Councilor Shaver indicated that a resignation letter was needed from Councilor Maine. Councilor Shaver then indicated the need to advertise for Councilor Maine's position. It was critical that all council members be able to attend the interviews. It was also suggested that applicants picking up applications be notified of the interview and goal setting session dates. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, THAT COUNCIL RECRUIT FOR THE WARD 6 COUNCIL POSITION. INTERVIEWS AND APPOINTMENT WILL BE MADE ON DECEMBER 7. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Business from Council a. Committee Reports 1. Councilor Shaver indicated the city manager performance review was scheduled for November 23. He requested council complete and return their evaluation forms by Thursday, November 5. 2. Councilor Dahlquist said he was not able to attended the last WaterShed Council meeting. 3. Councilor Leiken reported that he attended his first Lane Regional Air Pollution Authority meeting. 4. Councilor Ballew said the Springfield Bus Station Relocation Committee met. She said the group was provided with a good map of all businesses located in the area. 5. Councilor Maine said the Library Strategic Planning Committee has been meeting to develop their plan. She will continue to keep council updated on progress. 6. Councilor Maine thanked council for efforts associated with the traffic light at 69th Street. She said the light was activated and is wonderful. She said it has made a difference in safety. She said she has had nothing but compliments from the public regarding the light activation. 7. Mayor Morrisette said the Lane Council of Governments award banquet is scheduled for December. He said council members would be receiving invitations. He also urged council members to attend the League of Oregon Cities conference. 8. Councilor Ballew said she was a member of the League of Oregon Finance and Taxation Committee. She said there were other committees that new council members may be interested in. City Council Regular Meeting Minutes November 2, 1998 Page 7 . b. Other Business BUSINESS FROM THE CITY MANAGER 1. Acquire a Space Needs Assessment of the Police / Court Building. Chief of Police Bill DeForrest presented the staff report on this issue. The council adopted Long Range Strategic Plan for Police Services includes: Goal 3.8.1: Construct a new police/courts building. An identified initial strategy for achieving this goal is to conduct a comprehensive space needs analysis. Council authorized $30,000 this fiscal year to conduct this analysis. A request for proposal was published; the stated purpose was to examine current and future needs of the Police Department, Municipal Court, City Prosecutor, and Fire and Life Safety Administration. In response to the RFP, two proposals were received and evaluated, from Frank S. Whelan of Portland ($9,000 plus $1,000 costs) and Barry Architects of Eugene ($17,089 plus $450 costs). Frank Whelan's experience in the area of public safety is limited. Berry Architects have performed more than 50 assessment or designs of public safety buildings. In addition, references provided by Berry Architects endorsed their excellent work. . Based on their extensive experience, staff believes it would be most prudent to engage Berry Architects to assess the space needs for Police, Fire Administration, Court and the Prosecutor. Berry Architects' total proposal in the amount of$17,539 is within the budgeted amount. Councilor Ballew thought it might be premature to hire an architect at this point, prior to funding being available for potential construction of a facility. She mentioned the potential community center that has been discussed. Chief DeForrest said the space needs analysis would be needed even if a civic complex was selected. He said the space needs would need to be discussed either way. He did not think this was premature. He explained this was a first step toward future planning. Councilor Maine asked if the optional services were included in the request for proposal process. Chief DeForrest said architects bid basic services and then identify additional services as optional. Chief DeForrest said he wanted a conceptual plan. Councilor Shaver asked about a holding facilities / jail. He asked if it was incorporated in the space needs evaluation. Chief DeForrest said it was not requested in the study but could be incorporated into the study if requested. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ACCEPT BERRY ARCHITECTS' PROPOSAL IN THE AMOUNT OF $17,539 TO PERFORM A SPACE NEEDS ASSESSMENT OF THE POLICE / COURT BUILDING. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Other Business . a. Mayor Morrisette thanked all those that participated in planning the Mayor's Tribute event. City Manager Mike Kelly also thanked staff for their efforts. 1 ' ..... . . . City Council Regular Meeting Minutes November 2, 1998 Page 8 BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned at 8:15 p.m. ~~~ Mayor ro Tern/Council Eresident Greg Shaver Minutes Recorder - Julie Wilson '- , (JJiUvv