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HomeMy WebLinkAbout06/19/1995 Regular . City of Springfield Regular Council Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, JUNE 19, 1995 The city of Springfield Council met in Regular Session in the Springfield City Council Chamber Room, 225 Fifth Street, Springfield, Oregon, on Monday, June 19, 1995, at 7:00 p.m., with Council President Stu Burge presiding. ATTENDANCE Present were Councilors Beyer, Shaver, Walters, Burge, Maine and Dahlquist. Mayor Morrisette was absent (excused). Also present were City Manager Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy, City Recorder Eileen Stein, Administrative Aide Julie Wilson and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Morrisette. INVOCATION . The invocation was given by Rabbi Davidson, Halachick Minyan. SPRINGFIELD UPBEAT CONSENT CALENDAR IT WAS MOVED BY COUNCILOR BEYER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT THE CONSENT CALENDAR WITH ITEMS I(A) AND 3(A) REMOVED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Minutes a. June 5, 1995 - Work Session b. June 5, 1995 - Regular Session 3. Resolutions 4. Ordinances a. ORDINANCE NO. 5791 - AN ORDINANCE REVISING CITY CODE 6-6-10- PARKING AND STANDING TRUCKS ON PERMITTED ROUTES AND OVERNIGHT (2ND READING). ' 5. Other Routine Matters . a. Approve Metropolitan Wastewater Management Commission Legal Services for Fiscal Year 95/96. Regular Session Meeting Minutes June 19, 1995 Page 2 . ITEMS REMOVED FROM THE CONSENT CALENDAR 1. Claims a. May, 1995 Disbursements for Approval IT WAS MOVED BY COUNCILOR BEYER, WITH A SECOND BY COUNCILOR MAINE, TO APPROVE THE MAY 1995 DISBURSEMENTS. THE MOTION PASSED WITH A VOTE OF 5 FOR, 0 AGAINST, AND I ABSTENTION (WALTERS). 3. Resolutions a. RESOLUTION NO. 95-47 - A RESOLUTION OF THE CITY OF SPRINGFIELD COMMON COUNCIL ADOPTING THE RATE STRUCTURE FOR THE SYSTEM DEVELOPMENT CHARGES AS SET FORTH IN ARTICLE 2. CHAPTER 11 OF THE SPRINGFIELD CITY CODE. Councilor Beyer stated that the city talks about how business oriented it is, yet she feels the city takes away incentives used to build the business base. She agreed that the incentive has not been a factor in any major development but felt the city needed to be careful about what it was doing. . Council further discussed this issue. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT RESOLUTION NO. 95-47. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST (BEYER). PUBLIC HEARINGS I. Proposed Amendments to the East Kelly Butte Neighborhood Plan and Metro Plan Diagrams (10. No. 95-04-88). ORDINANCE NO.2 - AN ORDINANCE AMENDING THE EAST KELLY BUTTE NEIGHBORHOOD PLAN DIAGRAM TO REDESIGNATE CERTAIN TAX LOTS FROM HIGH DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL AND FROM LOW DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL. CITY OF SPRINGFIELD. APPLICANT (JO. NO. 95-04-88) (FIRST READING). ORDINANCE NO.3 - AN ORDINANCE AMENDING THE METROPOLITAN AREA GENERAL PLAN DIAGRAM TO REDESIGNATE CERTAIN TAX LOTS FROM MEDIUM DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL AND FROM LOW DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL. CITY OF SPRINGFIELD. APPLICANT (JO. N. 95-04-88) (FIRST READING). . Ordinance nos. 2 and 3 received a first reading by title. Planning Manager Greg Mott presented the staff report on this issue and entered the staff report into the public record. Inconsistencies exist between the East Kelly Butte Neighborhood Plan Regular Session Meeting Minutes June 19, 1995 Page 3 . (EKB) diagram, the Metropolitan Area General Plan (Metro Plan) diagram, and the zoning of certain properties within the EKB boundaries in the area between Water Street and Pioneer Parkway East, and between H Street and North C Street. Most of these inconsistencies are the result of errors and omissions that occurred when the Metro Plan was adopted (1980); when EKB was adopted (1982); when the Metro Plan was updated (1985-87); and when the Washburne Historic District was rezoned (1987). The Council held a work session on these proposals on June 12, 1995. The Council voiced some concern about the amount of land designated medium and high density residential as well as the lack of amenities in many multi-family developments. The Council indicated they may wish to defer a decision on these proposals until they have reviewed residential lands inventory data now being gathered by the Periodic Review work team. Councilor Walters had a concern that if a home was built in high density zoned areas, this would not allow much of an area for children to play other than on the street or sidewalk. He thought the high density zoning should be reviewed. Councilor Burge supported additional discussion of this matter. Councilor Shaver did not mind postponing this issue indefinitely. Councilor Walters stated he would be in favor of postponing this issue. Councilor Burge opened the public hearing. No one appeared to speak. Councilor Burge closed the public hearing. . IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR WALTERS, TO TABLE THESE ORDINANCES UNTIL THE RESIDENTIAL LANDS INVENTORY AND THE ISSUE OF MULTIPLE FAMILY DENSITIES COULD BE DISCUSSED IN GENERAL. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Public Hearing for Project 1-827: "M" Street, Rainbow Drive to Prescott Lane. ORDINANCE NO. 5792 - AN ORDINANCE ADOPTING THE REPORT OF THE CITY ENGINEER FOR THE INSTALLATION OF PAVING. CURBS. SIDEWALKS. DRAINAGE. LIGHTING AND STREET TREES FOR "M" STREET. RAINBOW DRIVE TO PRESCOTT LANE. AND VICINITY (1-827), AND DECLARING AN EMERGENCY. City Engineer Al Peroutka presented the staff report on this issue. A public hearing must be held prior to adoption of the Engineer's Report and selection of a contractor for the subject project. The emergency declaration will allow for award of the contract 21 days earlier in the construction season and may result in lower bid prices. . The project was initiated by Council on March 15, 1993. A neighborhood meeting was held on May 18 of this year, with 19 people in attendance. Fifteen of the 19 people wrote they were in favor of the project. The most controversial topic at the meeting was determining the location of the sidewalk next to the curb or setback. On the north side of the street, six owners said they wanted setback sidewalks; six said curbside. On the south side, II owners voted for curbside sidewalks and four for setback walks. The Development Code calls for setback sidewalks in new development and there is sufficient right-of-way for setback sidewalks, however, the Regular Session Meeting Minutes June 19, 1995 Page 4 . Council has, in the past, allowed curbside sidewalks based on the wishes of the affected neighborhood and circumstances such as homes being close to the road. Property owners also requested the installation of a sidewalk along Rainbow Drive between West L and West M Streets, a distance of about 165 feet. This sidewalk would connect existing sidewalk on L Street with the proposed sidewalk on M Street. This is a main route for children walking to and from Centennial Elementary School. Because this portion of street is not fully improved, staff supports installation of a temporary compacted gravel walk within the right-of- way. Funds from the "Pedestrian Safety Projects" account could be used for this installation or installation of an asphalt or concrete walk if requested by Council. This CDBG project is included in the FY 94/95 and 95/96 budgets. Mr. Peroutka responded to questions from Council regarding utility poles. He explained that the gravel walk was not included in the current proposed ordinance. Mr. Peroutka also answered questions regarding setbacks, street trees, and planter strips. Transportation Manager Gary McKenney explained that the traffic count in the area was approximately 500 trips per day. Mr. Peroutka clarified that a curbside sidewalk in a residential area is a deviation from standard policy. Councilor Burge opened the public hearing. . I. Barbara Dent, 2388 Shady Lane, spoke regarding this project. She discussed the fact that she would be charged $90 per foot and discussed what her cost would be for improvements related to this project. Mr. Peroutka responded to Ms. Dent's comments and explained that the proposed assessment cost was in accordance with policy which has been in effe~t for sometime. 2. Chester Pepple, 749 West M Street, stated he would like to see improvements similar to existing improvement work completed throughout the city. He liked street trees and supported curbside sidewalks and discussed the distance between the home and sidewalk. He did not support a setback sidewalk. 3. Mark Ripley, 571 West M Street, supported a curbside sidewalk and street trees. He expressed a need for speed control such as a speed bump or an island. 4. Alisa Carillo, 48 West M Street, spoke regarding the need for speed control, such as a speed bump. She discussed the safety of children and heavy traffic in the area. City Manager Mike Kelly explained that state law prohibits placing a speed bump on public streets. Traffic Engineer Gary McKenny confirmed Mr. Kelly's statement and provided additional information regarding speed bump designs that have been used elsewhere in the city. . Councilor Burge stated that the original request for improvements was to address safety concerns. He explained that now he was receiving mixed messages that people were more concerned about the traffic and loss of yard area. He explained that the safety of children was the concern that needed to be addressed. Regular Session Meeting Minutes June 19, 1995 Page 5 . 5. Susan Barton, 595 West M Street, spoke in support of curbside sidewalks. Councilor Burge closed the public hearing. Councilor Shaver stated that he did not support always support setback sidewalks. He would like the city to create a policy regarding curbside sidewalks. Councilor Burge stated that the planter strip associated with a setback sidewalk provides a seven foot standard which gives motorist an opportunity to have advanced visibility. He stated that otherwise, the view is blocked and could be a safety issue. Councilor Beyer stated that if Council does not like setbacks, the sidewalk policy should be changed. Mr. Peroutka discussed the development standards and why the proposed project was designed as presented. Councilor Dahlquist suggested narrowing the setback. Mr. Peroutka explained that this would not provide enough room for street trees. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO ACCEPT THE REPORT OF THE CITY ENGINEER AND TO ADOPT ORDINANCE NO. 5792. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . The Council requested addressing policy revisions regarding sidewalk standards at a future work session. Council further discussed an improvement for Rainbow between M and L Streets. The item would be brought back to Council with additional information on this request. 3. An Ordinance Levying Assessments for Improvements, Project 1-836. ORDINANCE NO. 5793 - AN ORDINANCE ESTABLISHING LIENS FOR INSTALLATION OF PAVING. CURBS. AND GUTTERS. SIDEWALKS. STREET TREES AND STORM DRAINAGE TO SERVE NORTH 13TH STREET. CENTENNIAL TO "L" STREET AND VICINITY. PROJECT 1-836. IN THE CITY OF SPRINGFIELD. LANE COUNTY. OREGON AND DECLARING AN EMERGENCY. Finance Manager Bob Duey presented the staff report on this issue. The city has completed a local improvement project for installation of paving, curbs and gutters, sidewalks, street trees and storm drainage to serve North 13th Street, Centennial to "L" Street and vicinity, project 1- 836. The Council is requested to adopt the ordinance assessing the properties for this project in the amount of$22,009.50. The ordinance contains an emergency clause which makes it effective immediately upon adoption. Councilor Burge opened the public hearing. . 1. Ed Hill, 1011 Willagillespie Rd # I, Eugene, representing the Matsons, explained his clients were not disputing the cost, but were concerned over deteriorating sidewalks, coordination and communication with property owners, drainage problems, and the elevation of the sidewalk. When contacting the contractor, his client was advised that it was an issue to Regular Session Meeting Minutes June 19, 1995 Page 6 . discuss with the city, not the contractor. He hoped that the work was done correctly. Mr. Hill provided Council with photos of the deficient sidewalk work along with a letter addressed to Finance Director Bob Duey from Mr. Matson and S. Gray. 2. Linda Rose, 1271 M Street, stated that she has received positive response from and has had good communication with city staff members. Councilor Burge closed the public hearing. Mr. Peroutka responded to comments made during the public hearing. He discussed difficulties staff encountered in communicating with the Matsons during the project. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR WALTERS, TO ADOPT ORDINANCE NO. 5793. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. Council recessed at 8:30 p.m. Council reconvened at 8:40 p.m. 4. An Ordinance Establishing Liens for Improvements, 10th Street From "M"to "N" Street and Vicinity, Project 1-814. . ORDINANCE NO. 5794 - AN ORDINANCE ESTABLISHING LIENS FOR INSTALLATION OF PAVING. CURBS AND GUTTERS, SIDEWALKS. STREET TREES AND STORM DRAINAGE TO SERVE 10TH STREET FROM "M" TO "N" STREET AND VICINITY. PROJECT 1-814. IN THE CITY OF SPRINGFIELD. LANE COUNTY. OREGON AND DECLARING AN EMERGENCY. Finance Director Bob Duey presented the staff report on this issue. The city has completed a local improvement project including installation of paving, curbs and gutters, sidewalks, street trees and storm drainage to serve 10th Street from "M" to "N" Street and vicinity, Project 1- 814. The Council is requested to adopt the ordinance assessing the properties for this project in the amount of$18,OOO. The ordinance contains an emergency clause which makes it effective immediately upon adoption. The emergency clause is being used because we would like to enter the liens on the city docket as soon as possible. Councilor Burge opened the public hearing. No one appeared to speak. Councilor Burge closed the public hearing. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BEYER, TO ADOPT ORDINANCE NO. 5794. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 5. Public Hearing on State Revenue Sharing. . Finance Director Bob Duey presented the staff report on this issue. State law requires the City Council to hold a public hearing on the proposed uses of State Revenue Sharing funds in conjunction with approval of the city budget. On April 18, 1995, the Budget Committee held a public hearing and approved the proposed uses of State Revenue Sharing funds for Fiscal Year 1995-96. Regular Session Meeting Minutes June 19, 1995 Page 7 . The city anticipates it will receive $265,900 in State Revenue Sharing funds in FY 95-96 and $491,244 in State Liquor/Cigarette Apportionment. This money is deposited into the General Fund and used to support daily operations of the city. Councilor Burge opened the public hearing. No one appeared to speak. Councilor Burge closed the public hearing. 6. Fiscal Year 1995-96 City Budget. RESOLUTION NO. 95-48 - A RESOLUTION ADOPTING THE FISCAL YEAR 1995-96 CITY BUDGET. MAKING APPROPRlA TIONS. LEVYING A PROPERTY TAX. AND APPROVING THE CITY OF SPRINGFIELD'S PARTICIPATION IN THE STATE REVENUE SHARING PROGRAM. Finance Director Bob Duey presented the staff report on this issue. The Council is requested to hold a public hearing of the FY 1995-96 city budget and approve a resolution to adopt the FY 1995-96 city budget, make appropriations, levy a property tax, and approve the city of Springfield's participation in the State Revenue Sharing Program. Mr. Duey answered questions from Council. . Councilor Burge opened the public hearing. No one appeared to speak. Councilor Burge closed the public hearing. Councilor Shaver recognized the budget process and thanked staff for their work on the budget. IT WAS MOVED BY COUNCIL MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT RESOLUTION NO. 95-48. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence From Betty Hornback, 897 South 55th Place, Regarding Requirements for Testing of Backflow Devices. Economic Development Manager John Tamulonis provided Council with a memo to Susan Daluddung, from Dave Puent, regarding backflow prevention device testing and Springfield Utility Board enforcement. 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 6 FOR AND 0 AGAINST. . Assistant City Manager Gino Grimaldi explained that this was a SUB requirement, not a city requirement. Regular Session Meeting Minutes June 19, 1995 Page 8 . BIDS ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments Councilors Walters and Maine would serve on the Willamalane Park and Recreation District Capital Bond Committee. 2. Business from Council a. Committee Reports 1. Chief DeForrest responded to a question from Councilor Walters regarding the alleged sale of drugs, as indicated during the public hearing on West M Street. He explained that situations are monitored and the Police Department does respond to matters brought to their attention. Councilor Burge expressed concerns over problems in the downtown area which included intoxicated people harassing others for money. . Councilor Walters discussed the need to address drug use and prostitution problems in the community. He also discussed the marquee board at the adult book store on Main Street. He did not appreciate the messages being printed on the sign. Chief DeForrest explained that when criminal acts are reported and/or observed, the Police Department does respond. He also specified that the Police Department would only act within the limitations of the law. Councilor Burge responded that he understood that the Police Department was doing what they could but clarified that he was not satisfied with the judicial system and the law makers creating the law and limits imposed upon the police departments.' Chief DeForrest eXplained that a person could not be arrested for public drunkenness, but could be taken to a care facility if warranted. b. Other Business BUSINESS FROM THE CITY MANAGER 1. Intergovernmental Human Services Committee Agreement . City Recorder Eileen Stein presented the staff report on this issue. Each year, the Council is requested to approve an intergovernmental agreement between Lane County and the cities of Springfield and Eugene for the provision of human services in the county. The agreement for FY 95/96 is presented herein for Council approval. Regular Session Meeting Minutes June 19, 1995 Page 9 . The agreement specifies that Lane County Department of Health and Human Services shall provide countywide human service programs on behalf of the cities. The agreement provides for funding by all three agencies and for oversight to be conducted by an intergovernmental committee referred to as the Intergovernmental Human Services Committee (IHSC). During the review of the FY 95/96 city budget, the Budget Committee approved an issue paper to increase the level of general fund contribution to the IHSC by $39,000. This agreement reflects that increase for a total general fund contribution from Springfield in the amount of $107,500. The agreement also contains a new provision, approved by the IHSC, which specifies that within three years, all parties will be contributing a minimum of one percent of discretionary general fund to the Intergovernmental Human Services Fund (Section 2(a)(2)). This would require an annual expenditure in the range of$150,000 to $175,000, as compared with the Budget Committee approved amount of$107,500 for FY 95/96. Councilor Burge stated that if the one percent was not agreed to during the Budget Committee review, it should not be approved. Councilor Maine understood that this was a one year agreement and suggested deleting the language referencing that the agreement may be subsequently amended for up to three years, by agreement, to implement the services that will be planned and budgeted for subsequent fiscal years during the term of this agreement. . City Attorney Joe Leahy stated that the Council may wish to amend the contract by inserting a paragraph stating that although not specifically binding, all parties pledge to look thoroughly at their resource in an effort to get to a level of 1 %. He clarified that his first choice would be to eliminate the proposed language and word it as a goal. His second choice would be to add language stating that the requirement shall not survive the duration of this agreement as specified in paragraph 3. Mr. Grimaldi answered questions of Council regarding timelines for funding and explained that they would like the funding by July 1st. Council discussed the benefits of annual contracts and the ability to review needs and expenditures annually. City Attorney Joe Leahy suggested amended language which would state, "this requirement shall not survive the duration ofthis agreement as specified in paragraph 3, and is subject to appropriation as specified in paragraph 2(b) and 2(e)." Councilor Burge felt that this language still showed intent and that it could be challenged. . IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BEYER, TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE HUMAN SERVICES AGREEMENT, INCLUDING THE LANGUAGE PROPOSED BY THE CITY ATTORNEY STATING, "THIS REQUIREMENT SHALL NOT SURVIVE THE DURATION OF THIS AGREEMENT AS SPECIFIED IN PARAGRAPH 3, AND IS SUBJECT TO APPROPRIATION AS SPECIFIED IN PARAGRAPH 2(B) AND 2(E),tWHICH IS A NON APPROPRIATION CLAUSE," AND ADVISE LANE COUNTY AND Regular Session Meeting Minutes June 19, 1995 Page 10 . THE CITY OF EUGENE THAT ALTHOUGH IT IS SPRINGFIELD'S DESIRE TO CONTINUE TO INCREASE THE ONE PERCENT LEVEL, ANNUAL EVALUATIONS WILL NEED TO BE MADE. THE MOTION PASSED BY A VOTE OF 6 FOR AND 0 AGAINST. 2. Oregon Business Development Funding for Development of Cascade Fabrication Facilities. RESOLUTION NO. 95-49 - A RESOLUTION REQUESTING THE ECONOMIC DEVELOPMENT COMMISSION AND THE STATE OF OREGON TO ASSIST IN THE FINANCING OF THE CASCADE FABRICATION DEVELOPMENT PROJECT WITHIN THE CITY OF SPRINGFIELD. THROUGH THE OREGON BUSINESS DEVELOPMENT FUND. SECURED BY THE IMPROVEMENTS AS PROVIDED BY ORS 285.413. Economic Development Manager John Tamulonis presented the staff report on this issue. Cascade Fabrication has applied to the Oregon Economic Development Department (OED D) for partial financing of a new manufacturing facility on International Way. State law for the Oregon Business Development Fund requires that before OEDD can approve assisting a project, the local jurisdiction must approve a resolution supporting the project. Cascade Fabrication and OEDD request the Springfield City Council approve the resolution. . Cascade Fabrication originated in the metro area in 1989 to meet a new market for specialized metal fabrication. The firm has recently moved to Springfield because it has developed substantial new markets that require the firm to have greater manufacturing square footage, more flexible space, new manufacturing equipment, and more employees. Cascade Fabrication has applied for partial loan funding of the $2.5 million project through the Oregon business Development Fund. State law requires that the local jurisdiction approve a resolution supporting the project before funding can be approved by the OEDD and its loan committee. Cascade Fabrication averaged 28 employees, now employs about 63, and anticipates adding 8 new jobs in the next few weeks and 10-15 in the next six months. After completion of the manufacturing facility and acquisition of new manufacturing equipment. Cascade Fabrication representatives will be present at the City Council meeting to discuss their plans should City Council have questions. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BEYER, TO ADOPT RESOLUTION NO. 95-49. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 3. Other Business BUSINESS FROM THE CITY ATTORNEY . . , , . . . . Regular Session Meeting Minutes June 19, 1995 Page 11 ADJOURNMENT The meeting was adjourned at 9:30 p.m. Minutes Recorder - Julie Wilson Attest: k ~~ ~.' Eileen Stein . City Recorder