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HomeMy WebLinkAbout04/03/1995 Regular . . . .' *, . . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNI1CIL HELD MONDAY, APRIL 3,1995 The city of Springfield Council met in Regular Session in the Springfield City Council Chamber Room, 225 Fifth Street, Springfield, Oregon, on Monday, April 3, 1995, at 7:05 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette, Councilors Beyer, Burge, Dahlquist, Maine, Shaver and Walters. Also present were City Manager Michael Kelly, Assistant City Manager Gino Grim~ldi, City Attorney Tim Harold, City Recorder Eileen Stein and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Morrisette. INVOCATION The invocation was given by Rev. Hardenbrook, Thurston Christian Church. SPRINGFIELD . UPBEAT 1. Mayor Morrisette read a proclamation declaring April 3-7,1995 as Arbor Week in Oregon. CONSENT CALENDAR City Recorder Eileen Stein clarified that item NO.5 was a Release of a Portion of Interest rather than a Disclaimer of Interest. I IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR WALTERS TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND o AGAINST. 1. Claims None. 2. Minutes a. March 6, 1995 - Joint Meeting with the Museum Board. b. March 6, 1995 - Regular Session. 3. Resolutions a. RESOLUTION NO. 95-30 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-790: MCKENZIE MEADOW APARTMENTS PUBLIC IMPROVEMENTS. 4. Ordinances None. I 5. Other Routine Matters i I a. Approve the Release of Portion of Interest to Release of a Portion of a Sanitary Sewer Easement in Val Mar Estates. , , City Council Regular Meeting Minutes April 3, 1995 Page 2 . ITEMS REMOVED FROM THE CONSENT CALENDAR 2. Minutes c. March 13, 1995 - Joint Meeting with Lane Transit District Board. d. March 13, 1995 - Work Session. Councilor Walters was present at the March 13 meetings. The minutes would be amended to reflect that Councilor Walters was late to the meeting, not absent. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR BEYER, TO APPROVE THE MINUTES AS AMENDED, BY A VOTE OF 6 FOR AND 0 AGAINST. PUBLIC HEARINGS 1. Initiate Annexation of Territory to the City (Sycan B Corp.), Map Number 17-03-15, Tax Lot 1117. RESOLUTION NO. 95-27 - A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD AND REQUESTING THAT THE LANE COUNTY BOUNDARY COMMISSION DELAY THE EFFECTIVE DATE TO JANUARY 3. 1997. . City Planner Lydia Neill presented the staff report on this issue. The property owner has requested annexation in order to develop property located south of International Way to construct a 40,000 square foot industrial facility. Annexation of this property is necessary to extend sanitary sewer and water service to allow development of the property. The City Council is authorized by ORS 199.490(2)(b) to initiate annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed. Written consent from owners of more than half the land in the territory proposed to be annexed has been obtained and the property is contiguous to city limits. The property is not located within a water district and therefore will be served by Springfield Utility Board. Fire, police and library services will be provided through a contract with the city. The fully improved value of the property will not be on the Lane County Assessment and Tax Role for a number of years. Delaying the effective date until January 3, 1997 assures the city of capturing the full improvement value in the tax base. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT RESOLUTION NO. 95-27. 2. Request for Vacation of a 3-Foot-Wide Public Utility Easement, Sycan B Corporation, Jo. No. 95-02-24. ORDINANCE NO. 5782 - AN ORDINANCE VACATING A 3 FOOT WIDE PUBLIC UTILITY EASEMENT AND DECLARING AN EMERGENCY. The applicant is requesting vacation of a 3 foot wide public utility easement that follows the abandoned Southern Pacific Railroad right of way and bisects several tax lots. . The 3 foot wide public utility easement crosses several tax lots and follows the abandoned Southern Pacific Railroad right of way from Hutton Street to the southern boundary of Tax Lot . . City Council Regular Meeting Minutes April 3, 1995 Page 3 . 908. The applicant has development plans for one of the tax lots that the easement crosses and intends to develop the site for commercial use. Development of Tax Lots 908 and 803, which the easement crosses diagonally are marginally developable because the city does not permit structures to be constructed over an easement. The Public Works Department and all affected utilities have reviewed the application, and have determined that vacation of this easement will have no negative effect on service provision or other public benefit derived from the easement. The existing 18 inch water main will be relocated and a replacement easement will be granted in a new location to be determined by Springfield Utility Board. The applicant will bear the cost of relocation and the recording of the new easement. An emergency clause is requested because the applicant will be completing Site Plan review for a commercial project on Tax Lot 908 shortly. A public hearing was inadvertently held on this request on March 20, 1995. Notice was provided for the actual hearing date of April 3, 1995. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT ORDINANCE NO. 5782. 3. Sale of City Owned Property on 213 S. 52nd Place. . Property Management Specialist De Little presented, the staffreport,on this'issue. The city purchased this property at a cost of $63,650 on June 8, 1994 as part of road improvements for South 52nd Place (Project No. 1-792). Negotiations with the previous owner to purchase a 30 foot wide strip for road right of way were unsuccessful and Council directed staff to purchase the entire parcel,' dedicate the necessary right of way and resell the remaining portion. The right of way was dedicated and street improvements were completed. Staff advertised the remaining property for $72,500 and received on full price offer from Susan Rose. Terms of the sale include a $1,925 down payment and a $2,575 credit to the purchaser for dry rot repair. Purchaser will make monthly payment of $571.17 for one year. The remaining balance, including principal and unpaid interest, is due on or before May 15, 1996. Purchaserwill carry property insurance for the full amount of the mortgage and prepay property taxes into an interest bearing account. Council approved the sale in Executive Session on March 20, 1995 changing the Trust Deed to a Contract of Sale. The Council requested changes have been made. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO AUTHORIZE THE CITY MANAGER TO SELL THE REAL PROPERTY AT 213 SOUTH 52ND PLACE TO SUSAN ROSE UNDER THE TERMS OUTLINED IN THE CONTRACT OF SALE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . . . . . .' City Council Regular Meeting Minutes April 3, 1995 Page 4 4. Project No. 1-840: Centennial Boulevard Improvements. RESOLUTION NO. 95-28 - A RESOLUTION TO AUTHORIZE LANE COUNTY TO ASSESS PROPERTY LOCATED WITHIN THE CITY OF SPRINGFIELD FOR IMPROVEMENTS TO CENTENNIAL BOULEVARD. FROM 1-5 RAMP TO PRESCOTT LANE: AND ASPEN STREET FROM CENTENNIAL BOULEVARD TO 500 FEET NORTH, AND VICINITY. City Engineer AI Peroutka presented the staff report on this issue. A public hearing is being held to allow Springfield residents and the Council an opportunity to discuss the proposed project design and the proposed assessment policy for the project as outlined in the attached Engineer's Report. If the Council is in agreement with the project proposal, the attached resolution must be adopted, authorizing Lane County to assess city residents for the project. The subject project was initiated by Council on March 20, 1995. It is consistent with Council's direction, and agreement between the City and Lane County to provide joint funding for street improvements to Centennial Boulevard from the 1-5 Ramp to Prescott Lane and Aspen Street from Centennial Boulevard to 500 feet north. The city has agreed to perform certain design work for the project and the County has agreed to acquire right of way and easements, administer the bidding procedure and construction contract, perform construction inspection and levy assessments for the project. The cost of curbs and gutters, sidewalks and driveways will be assessed only to adjacent property owners who have direct access from Centennial Boulevard. Construction is scheduled for the summer of 1996. A County public meeting was held on November 10, 1994, with a majority of owners in favor of the project. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT RESOLUTION NO. 95-28. THE MOTION WAS ADOPTED BY A VOTE OF 6 FOR AND 0 AGAINST. Council recessed at 7:14 p.m. Council reconvened at 7:40 p.m. 5.. Street Renaming (Grand Vista Drive). ORDINANCE NO. 5783 - AN ORDINANCE RENAMING THAT PORTION OF NORTH 17TH PLACE NORTH OF YOLANDA STREET FROM NORTH 17TH PLACE TO GRAND VISTA DRIVE IN LANE COUNTY. OREGON, AND DECLARING AN EMERGENCY. A RESOLUTION TO CONSIDER RENAIMING NORTH 17TH PLACE TO GRAND VISTA DRIVE FOR THAT PORTION OF NORTH 17TH PLACE THAT IS LOCATED NORTH OF YOLANDA STREET. City Planner Greg Mott presented the staff report on this issue. The City Council must approve or deny a request to rename that portion of North 17th Place north of Yolanda Street to Grand Vista Drive. The developer and lot owners of Grand View Estates have requested that North 17th Place within their subdivision be renamed Grand Vista Drive. A short section of North 17th Place that connects this subdivision with Yolanda Street is also included in this request. The Planning Commission voted 6 in favor and 1 opposed to this request. One person spoke in favor of this request. The Fire Department is opposed based on conformance with Section 32.020(13) of the Springfield Development Code which states: "Streets that are in alignment with existing named streets shall bear the names of those existing streets." The Planning Commission determined that the meaning of "alignment" could be interpreted to apply to the continuation of streets that had previously terminated at a property line rather than at an intersection. The Planning Commission found that other north-south streets in the City, and in . . . . c . . City Council Regular Meeting Minutes April 3, 1995 Page 5 this area, were named rather than numbered, and that the subject street terminates in a cul- de-sac thereby making this subdivision and street a discreet entity that would, over time, become as readily located as any other street in town. Mayor Morrisette opened the public hearing. 1. Dennis Wartenbee, 2742 Locust Street, spoke in support of the street renaming and shared his experiences. 2. Edward Januarv, 1429 Delrose, spoke in opposition of the street renaming. 3. John Kellv, 988 Rainbow Drive, spoke in support of the name change. Mayor Morrisette closed the public hearing. Fire Chief Dennis Murphy explained that the Fire and Life Safety Department was not opposed to the street name change. He indicated that the name change would not impair the departments ability to respond to the neighborhood needs. Councilor Shaver did not support the name change. He favored retaining the name of 17th Place. He felt this was logical and would be easier to locate. Councilor Maine felt that there would not be a problem having people find the street. Councilor Dahlquist disliked streets that changed names in the middle and thought this would be confusing. Councilor Walters questioned how many residents would be affected. Mr. Wartenbee indicated that all residents were in favor with the exception of Mr. January and many were involved in the renaming of the street. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT ORDINANCE NO. 5783. THE MOTION FAILED WITH A VOTE OF 2 FOR AND 4 AGAINST (BEYER, SHAVER, WALTERS, AND DAHLQUIST). IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR DAHLQUIST, TO ADOPT THE RESOLUTION. THE MOTION FAILED WITH A VOTE OF 2 FOR AND 4 AGAINST 0JVAL TERS, BURGE, BEYER AND MAINE). IT WAS MOVED BY COUNCILOR WALTERS, WITH A SECOND BY COUNCILOR BEYER, TO ADOPT ORDINANCE NO. 5783. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 3 AGAINST (SHAVER, DAHLQUIST AND BEYER). MAYOR MORRISETTE VOTED TO BREAK THE TIE. City Attorney Tim Harold stated that the ordinance would need four votes of the Council to pass with an emergency clause. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO RECONSIDER THE MOTION. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE TO ADOPT ORDINANCE NO. 5783. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST (DAHLQUIST). 6. Citizen Initiated Mid-Springfield Refinement Plan Diagram Amendment (Jo. No. 94-10-194), Leon and Vickie Search, Applicants. . . . - .' City Council Regular Meeting Minutes April 3, 1995 Page 6 City Planner Gary Karp presented the staff report on this issue. The Springfield Development Code (SDC) requires the City Council to approve or deny refinement plan amendments upon recommendation from the Planning Commission. At the original March 6 public hearing date for the refinement plan amendment, the applicant requested the City Council to postpone the public hearing until April 3. He also waived the 120 day review timeline mandated by the State and the SDC. The City Council approved that request to postpone the public hearing. The applicant is again requesting the City Council to postpone the public hearing on the refinement plan amendment, this time until May 1. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO POSTPONE THE PUBLIC HEARING ON THIS REQUEST FROM APRIL 3 UNTIL MAY 1, 1995. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE None. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence From Robert Weigel, 446 North 5th Street, Expressing Concern Regarding Bail for Traffic Violations, Regulations Regarding Abandoned/Non-operable Vehicles Parked on Public Streets and Attitudes of City Employee(s). Mr. Weigel originally contacted City Recorder Eileen Stein on January 27, 1995, concerning. his experience with the Police Department. Mr. Weigel also stated that he intended to write a letter to Council about his experience. Ms. Stein intended to follow up on his complaint when the letter was received. Mr. Weigel submitted a letter and it was included in the Council's agenda under Correspondence and Petitions. In following Council policy, the letter was not accepted because it did not contain an address. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. Mayor Morrisette commented that he would follow up with Mr. Weigel. 2. Correspondence Signed by 15 Residents in the North 22nd Street Area, Requesting Street Improvements on North 22nd Street Between G Street and the Maple School Playground. IT WAS MOVED BY COUNCILOR BURGE, 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 .. -- City Council Regular Meeting Minutes April 3, 1995 Page 7 BUSINESS FROM THE CITY COUNCIL . 1. Committee Appointments a. Budget Committee Appointments IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR WALTERS, TO APPOINT SID LEI KEN TO THE BUDGET COMMITTEE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Business from Council a. Committee Reports 1. Councilor Maine will attend the next MPC meeting for Mayor Morrisette. 2. Councilor Walters discussed the request to use dedicated room tax funds to help fund Lane County's Juvenile Justice Facility. He expressed concern about the erosion of room tax funding for tourism related projects. He questioned if there was consensus for a letter to be drafted to the County stating opposition of the County's portion of room tax to be used for the Facility with a copy to CVALCO. 3. Councilor Shaver questioned if the city would receive a refund on the Balancing Act Sculpture. Development Services Director Susan Daluddung stated that a structural engineer is reviewing the plans for the reinstallation of the sculpture and indicated that it will be reinstalled this spring. . Councilor Burge questioned who authorized the increase in the height of the sculpture. Ms. Daluddung is reviewing that request and the plans are to reinstall it at the original height. b. Other Business None. BUSINESS FROM THE CITY MANAGER 1. Urban Land Transition Policies. RESOLUTION NO. 95-29 - A RESOLUTION CONFIRMING, RATIFYING, AND ESTABLISHING UNIFORM POLICIES REGULATING DEVELOPMENT REVIEW GUIDELINES, KEY URBAN SERVICES DELIVERY, AND METHODS OF ANNEXATION FOR THE URBAN TRANSITION AREA. Development Services Director Susan Daluddung presented the staff report on this issue. The City Council has evaluated the issues involved in the development and annexation of the urban transition area and has determined that policies regarding this activity should be adopted by Council Resolution. . The staff memorandum discusses the results of the Council's March 13, 1995 work session on this matter. The Council concluded that delayed effective date annexation, when coordinated with urban services delivery and articulated in a manner that is informative and understandable, is a desirable and fiscally responsible method of growth management for most large developments. The resolution identifies and explains development procedures in the urban transition area, the options available to the property owner/developer, and the city's responsibility in coordinating this activity with affected agencies and city, county and state government. .. ,~ . . . '~. .. City Council Regular Meeting Minutes April 3, 1995 Page 8 IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT RESOLUTION NO. 95-29. THE MOTION PASSED WITH A VOTE OF 6 FOR AND o AGAINST. 2. Other Business None. BUSINESS FROM THE CITY ATTORNEY 1. City Attorney Tim Harold introduced Jeannette Lavander a new intern working in his office. ADJOURNMENT The meeting was adjourned at 8:30 p.m. Minutes Recorder - Eileen Stein A~_ . _ bk<<~ Eileen Stein . City Recorder