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HomeMy WebLinkAbout08/19/1996 Regular . . . '. .'.. MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, AUGUST 19, 1996 The City of Springfield Council met in Regular Session in the Springfield City Council Chamber Room, 225 Fifth Street, Springfield, Oregon, on Monday, August 19,1996, at 7:10 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette, Councilors Ballew, Beyer, Burge, Dahlquist, Maine and Shaver. 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. SPRINGFIELD UPBEAT 1. Tom Wurtz, Museum Board President, presented the City of Springfield with a seven-foot long, 180 degree panoramic photograph of the City of Springfield taken some time between December, 1910 and March, 1911. The original was taken with.a panoramic camera by a person standing on the Willamette Heights hill south of downtown. Mr. Wurtz recognized the people who made the project possible and thanked them for their time and expertise. 2. City Manager Mike Kelly recognized Dennis Murphy, Fire and Life Safety Department, for 15 years of service to the City of Springfield. 3. City Manager Mike Kelly recognized Steve Swenson, Police Department, for 15 years of service to the City. of Springfield. 4. Mayor Morrisette explained that Ruth Edwards had recently passed away. Mayor Morrisette recognized her accomplishments and service to the community. He also explained that she was the first woman to serve on the Springfield City Council. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR BURGE, 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 a. June 1996, Disbursements for Approval. b. July 1996, Disbursements for Approval. . Regular Council Meeting Minutes August 19, 1996 Page 2 2. Minutes a. July 1, 1996 - Regular Session b. July 8, 1996 - Work Session c. July 8, 1996 - Continued Regular Meeting of July 1, 1996 d. July 31, 1996 - Special Meeting 3. Resolutions a. RESOLUTION NO. 96-31 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-919: RIDGE CREST DRIVE SUBDIVISION. b. RESOLUTION NO. 96-32 - A RESOLUTION INITIATING PROJECT 1-995. STREET IMPROVEMENTS ALONG SOUTH 41ST STREET FROM MAIN STREET TO 450 FEET SOUTH. AND VICINITY. 4. Ordinances 5. Other Routine Matters . a. Approve OLCC Liquor License Endorsement for Joey's Pizza Parlor, 1498 South A Street. b. Approve OLCC Liquor License Endorsement for EI Kiosco, 1909 South A Street. c. Approve OLCC Liquor License for Lucky Woodsman Restaurant and Lounge, 117 South 14th Street. d. Approve Special Noise Permit Request by Joe Randazzo, ASB Vice President, Springfield High School. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 1. Request for V acationof a 14 Foot Sanitary Sewer Easement; Stephen .Pruett/Berean Assembly of God, Applicant. ORDINANCE NO. 5834 - AN ORDINANCE VACATING A 14 FOOT SANITARY SEWER, EASEMENT. LANE COUNTY OREGON PLAT RECORDS: AND DECLARING AN ' EMERGENCY. . City Planner Jim Donovan presented the staff report on this issue. The applicant is requesting vacation of a 14 foot sanitary sewer easement that will impact rear yard setbacks of a tentatively approved subdivision. There are no other utilities located in the easement other than the unused 6 inch sanitary sewer line. All utility providers and city departments were notified and have indicated support for the proposed vacation. Crossway Estates Subdivision Final Plat submittal is imminent. The 6 inch lateral sanitary sewer line located within this easement will be plugged and a new 8 inch main will connect existing service from B Street to Main Street during required street construction serving Crossway Estates. Sanitary and Regular Council Meeting Minutes August 19, 1996 Page 3 . storm sewer lines will be provided within the street right-of-way. Service to abutting properties from city sewer lines in B Street and 74th Place will not be affected. Mayor Morrisette opened the public hearing. 1. Stephen Pruett, 275 South 70th, representing the PruettlBerean Assembly of God Church, spoke in support of the proposal. He explained that they would be funding the cost of the project. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT ORDINANCE NO. 5834. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Public Hearing for Project 1-995, Paving, Curbs, and Gutters, Sidewalks, Street Lighting, Street Trees, and Storm Drainage to Serve South 41st Street From Main Street to 450 Feet South, and Vicinity. . ORDINANCE NO.2 - AN ORDINANCE ADOPTING THE REPORT OF THE CITY ENGINEER FOR THE INSTALLATION OFP A VING. CURBS AND GUTTERS, SIDEWALKS. STREET TREES. STREET LIGHTING AND STORM DRAINAGE TO SERVE SOUTH 41ST STREET FROM MAIN STREET TO ALTERNATE A - 220 FEET SOUTH. OR ALTERNATE B - 450 FEET SOUTH. AND VICINITY (1-995) 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 award of contract for the subject project. This project began as a requirement of development for the currently developing Texaco/fast food outlet at the Southwest corner of South 41 st Street and Main. The developer was required to improve South 41st Street to the east curb along the length of his property. The developer solicited participation in the project costs from the Tentingercommercial property directly across South 41st Street. The Tentinger property has a recorded Improvement Agreement for improvement of South 41st Street. Failing to reach a cost sharing agreement. with the Tentinger's, the developer petitioned the Council todevelop,alocaI- improvement ,'<.. district for the two properties to share in the full improvement'ofthe street. ., The project was initiated and brought before the Council in a public hearing on July 1, 1996. After testimony, Council requested that staff look at expanding the project by extending the improvement south another 230 feet to tie into the existing improved section of South 41st. Staff has now solicited bids for both the short and long version of the project and have brought the discussion back to Council for a new public hearing. Mr. Peroutka reviewed the alternate projects. . 1) Alternate A - the improvement of South 41 st Street from Main Street 220 feet. . Regular Council Meeting Minutes August 19, 1996 Page 4 2) Alternate B - the improvement of South 41 st Street from Main Street south 450 feet. 3) No project alternate. At the July 1, 1996 Council meeting, Council asked staff to review the concept of extending the proposed improvement south another 220 feet to connect with the existing fully improved segment of South 41st Street. Extending the project would increase the project length to 450 feet and would add three more affected properties to the assessment rolls. Of the five parcels in the project, one has an improvement agreement, the Texaco development is petitioning for the project and the owners of the other three parcels are against the project Five of the eight property owners, or 62.5 percent, are against the project. Mr. and Mrs. Tentinger are also against the project but their vote was not included as against the project since an improvement agreement on their lot is on file with the City. Council can move forward with the project since it takes 2/3' s or 66.67 percent of the owners to stop the project. A neighborhood meeting was held and all properties abutting the improvement were represented except Irma Stevenson. All owners except Miles Investments were very much against being assessed the cost of the improvement. Some owners felt they had already paid ,for the pavement when South 41 st Street wasjn the County and-thatthe City should maintain what is already there. Most of the property owners felt there was no need for cub and gutter and sidewalk and that widening of the street and 'installation of sidewalks would destroy some of their landscaping. . Mr. Peroutka explained that the costs. of the project are extraordinary, reflecting the size .of- the project, current bidding climate, time of year, short construction time allowed, right-of- way acquisition costs and the complexity of building the project with the right-of-way acquisition not completed. Mr. Peroutka explained that staff recommends that the local improvement district not be formed, leaving the current developer with his public improvement obligation for full improvement of his frontage. It was clarified that staff was recommending that Council not select Alternate A or B. Mayor Morrisette opened the public hearing. 1. Bud Miles, PO Box 237, Florence, representing Miles Investments, spoke in support of the , Tentinger's paying their fair portion of the costs for the proposed project. He supported Alternate A of the project. He recognized the hardship that would be placed on other property owners. He wondered if the project would ever be completed if it were not completed now. . 2. Paul Vaughan, 180 East 11 th Avenue, Eugene, attorney representing Miles Investments L.L.C., spoke in support of the project. He explained a correspondence was delivered to Council, dated August 16, 1996, regarding this project He explained that the improvement agreement was signed and that there is a record of this agreement. He felt that the agreement needed to be recognized. Opposition of this would be a breach of the agreement. If the agreement was not enforced, a precedent would be set that the agreement does not need to be honored. Regular Council Meeting Minutes August 19, 1996 Page 5 . 3. David Tentinger, 1039 Lawnridge Drive, stated that the street was already improved. He stated that he was willing to pay his share of the costs for the project. He felt the project costs were exorbitant. 4. Steven Arnold, 1279 Janus, representing eight property owners, spoke in opposition of the proposal. He explained that 14 property owners voted on this and 11 were in opposition of the project and three were in support of the project. He discussed the breakdown of the project costs. 5. Irma Stevenson, 176 South 41st Street, spoke in opposition of the proposal. She explained that she was retired and was on a limited income. She felt the assessment costs were unreasonable. 6. Mel Suit, 190 South 41 st Street, spoke in opposition of the proposal. He eXplained that he was on a limited income. He stated that the street was old but served the residents well. He explained that if improvements were completed, he felt he should only have to pay for curb and sidewalk improvements. 7. Marjorie Suit, 190 South 41st Street, spoke in opposition of the proposal. She agreed with. comments made by Mr. Suit. She explained she has owned the property since 1950 and had worked hard for it. . Councilor Shaver stated he supports improving the street, although he was not ready to make that decision at this time. He did not'support Option B but did support Option A. He did have concern over the fair share of the project cost. Councilor Burge stated it was difficult to deal with these types of issues and acknowledged the difficulties the project would pose to those on fixed incomes. He discussed the need to improve sub-standard streets. He also discussed the cost of the project and felt it was astronomical. He felt that the street may need to be improved but agreed that the cost was high. He wondered if there would be another opportunity to improve the street at a better cost. Councilor Maine felt there were two options. . She discussed the improvement agreement.' and the site review requirements for the area. She stated that the street condition was not bad. Ifthe street was gravel then she would support the i~provement. Mayor Morrisette discussed the need to acknowledge improvement agreements. He was disappointed that the Council were viewed as the "bad guys." He stated that all options would be weighed fairly. Councilor Dahlquist stated he felt the cost was high. . Councilor Ballew stated she supported improvements but did not see the need to complete the project at this time. She discussed fairness, risk and the unknown element of improvement costs. Regular Council Meeting Minutes August 19, 1996 Page 6 . Councilor Beyer agreed with comments made by Councilor Ballew. She felt the entire street should not be done at this time due to the cost. She expressed strong feelings regarding enforcement of improvement agreements. Councilor Shaver asked whether there was precedent on using alternative methods of determining benefit. City Attorney Joe Leahy explained that there have been alternative assessment methods, although trip generation has not been used before. He said there is some risk in using this type of method of sharing cost, particularly when the two parties are not in agreement about the project. He said it is possible that the developing party might be inclined to take offense to an alternative method of assessment if it results in their paying a higher assessment. City Manager Mike Kelly discussed the waiver process. He stated that Council may want to consider presenting property owners with some type of waiver agreement. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BURGE, TO CONTINUE THIS PUBLIC HEARING FOR DISCUSSION ON ITEM A, EXCLUDING OPTION B, NEXT WEEK. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. Council recessed at 8:35 p.m. Council reconvened at 8:45 p.m. . BUSINESS FROM THE AUDIENCE 1. Willamalane Bond Measure. Tammy Fitch and Dan Plaza, WilIamalane Park and Recreation District testified in support of the Willamalane Bond Measure and provided Council with information regarding the measure and discussed their CIP plan. Councilor Shaver recommended that WiIlamalane place a sidewalk between the Willamalane. Administration Office and the Depot building. 2. Steve Moe,PO Box 847, spoke in support ofthe Filbert Festival and invited everyone to attend the Filbert Festival which was scheduled for this weekend. He mentioned the, scheduled entertainment, booths and activities. 3. Carla Mcquillan, 522 56th Street, representing Children's Choice Montessori, spoke regarding SDC charges assessed for the project. She requested the fee be deferred so that they could take occupancy of their building. Mike Kelly stated that staff would follow-up on this issue tomorrow. Council would be advised of the status on this also. . 4. Bill Eikenberry, 2380 A Street #3, representing the Human Rights Commission, spoke regarding the Human Rights Commission vacancies. He requested that Council consider Regular Council Meeting Minutes August 19, 1996 Page 7 .. revising the Human Rights Commission regulations and allow vacancies to be filled prior to January of the new year. Mayor Morrisette suggested the Human Rights Commission circulate information regarding Human Rights Commission activities and try to solicit volunteers. He thought that those volunteers might serve as a good pool of candidates when recruiting for vacancies. Councilor Burge requested that Council be provided with a list of upcoming board, committee and commission vacancies. City Recorder Eileen Stein explained that the issue regarding Council Operating Policies was under review/revision and would be presented to Council during an upcoming work session later this year. 5. W. G. Willie Combs, 344 Scotts Glenn Drive, spoke regarding railroads. He discussed a gas tax and the impact on truck drivers. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence From Paul P. and Janet M. Regalia, 6531 North A Street, regarding the' Metropolitan Area General Plan, Refinement Plans, FunctionalPlans and Special Area' Studies. . Janet Regalia, 6531 North A Street, spoke in support of the correspondence she submitted: Planning Manager Greg Mott acknowledged the sentiments of the neighborhood and noted that the residents may not be well versed in land-use law. He discussed the requirements of the Metro Plan regarding refinement plans and how that has been put in practice in Springfield. He did not recommend that the Thurston area be the target of a refinement plan study but that this issue be referred to the Planning Commission and Mayor's Housing Task Force. Council discussed this issue in detail. 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. 2. Correspondence from Jack and Erma Patrick, 316 South 52nd Street, Requesting a Council Initiated Amendment to the Springfield Development Code For Medical Hardship. Jack Patrick, 316 South 52nd Street, spoke regarding the hardship in his family and was asking for a variance for a second kitchen. Development Services Director Susan Daluddung provide Council with information regarding the request. She reviewed possible options for Council review. . IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR DAHLQUIST, TO DIRECT STAFF TO AMEND SECTION 36.135 TO ALLOW . Regular Council Meeting Minutes August 19, 1996 Page 8 ) REMODELING OR ADDITIONS TO BE USED AS TEMPORARY QUARTERS. CONVERSION OF THESE QUARTERS BACK TO NON-DWELLING UNIT STATUS SHOULD BE REQUIRED WHENEVER THE MEDICAL HARDSHIP NO LONGER NECESSITATES THIS ARRANGEMENT, TO CHECK IN EVERY YEAR WITH THE CITY AND THAT THIS BE RECORDED WITH THE PROPERTY. Council discussed the fact that additions did not need to be done, therefore, the motion should be withdrawn. COUNCILOR SHAVER WITHDREW HIS MOTION. COUNCILOR BALLEW CONCURRED. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, THAT A SPECIAL AGREEMENT BE ENTERED INTO TO ALLOW REMODELING TO ACCOMMODATE MEDICAL HARDSHIP AS NECESSITATED, THAT THE PROPERTY OWNERS CHECK IN EVERY YEAR WITH THE CITY AND THAT THIS TEMPORARY AMENDMENT BE RECORDED WITH THE PROPERTY. 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 ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED: WITH A VOTE OF 6 FOR AND 0 AGAINST. . By consensus, Council agreed to extend the meeting untiH 0:30 p;m. . 3. Correspondence From Lohring Miller, DMD, Vice President, Emerald R/C Boats, 288 Mill Street, Requesting Permission to Use the Booth-Kelly Mill Pond to Race Radio-Controlled Model Boats. Dale Remiro, 3663 Greenwood Street, representing Emerald Radio Control Boats, spoke in support of their request. Community Services Manager Dave Puent provided a staff response regarding this issue. It was explained that Guderson Railcar, Inc. was not pleased to provide weekend access through his property both due to security and inconvenience issues. Staff would follow-up with Gunderson and also issues related to site improvements. Council supported their efforts if all the details could be work out. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 4. Correspondence From Christine E. Larson, Resigning From the Human Rights Commission. . Regular Council Meeting Minutes August 19, 1996 Page 9 . IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 5. Correspondence From Pat Lewis, Executive Secretary, Willamalane Park & Recreation District, Regarding Rob Adams Being Appointed to serve as Their Official Representative to the City of Springfield. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BIDS 1. Bid Award for Project 1-995: Street Improvements For South 41st Street, From Main Street to the South, and Vicinity. This item was carried over to the August 26, 1996 Continued Regular Meeting. 2. Bid Award for Electrical Work at the Booth Kelly Center, 303 South 5th Street. . Community Services Manager Dave Puent presented the staff report. on this issue. The-two existing electrical distribution services provided for Specific AlloyComponentsand'St. . Vincent de Paul are insufficient in capacity for the daily operation of the two businesses. Two bids were received on the proposed electrical work at the Booth Kelly Center. Contract award is now necessary to enable work to begin. The project consists of: 1. Installing 400A 120/208V 3 Phase 4 Wire service feeder to St. Vincent de Paul, Suite #185, terminated in a new 400A 3 Phase 4 Wire 480V 42 Circuit Panel and re-feeding existing electrical panel from new panel; 2. Installing a new 200A 120/208V3 Phase 4 Wire service feeder to Specific Alloy. Components, Suite # 182. Although the proposed work is necessary for the continued operation of the two identified tenants, it is also the first phase of the necessary electrical modifications to provide 480A electrical service and separate electrical metering to the Booth Kelly tenants. Two bids were received and opened in the Finance Department on July 29, 1996. Olsson Industrial Electric is the low bidder on this project. If the project is awarded, project funding is included in the 1996-97, Fund 18, Booth Kelly budget. . IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO A WARD SUBJECT CONTRACT TO OLSSON INDUSTRIAL ELECTRIC, INC., IN THE AMOUNT OF $16,200. Regular Council Meeting Minutes August 19, 1996 Page 10 . 3. Proposal Award for Fire Apparatus. Fire Chief Dennis Murphy presented the staff report on this issue. In order to complete the purchase of the apparatus, Council approval is needed. These units are the first two, of five apparatus, included in the general obligation bond measure approved by voters in November 1995. In May, 1996, the City requested proposals for the purchase of one, four wheel drive Fire Pumper and one multi-purpose Rescue Truck. These purchases are two of five apparatus included in the capital bond measure. One proposal was received from Hughes Fire Equipment, Inc. in the amount of $262,31 0 for the four wheel drive Fire Pumper and $274,569 for the Rescue Truck. The contract amounts are based on discounts available from the manufacturer and recommended by the Finance Department. The cost includes delivery to Springfield, Oregon, 280 days from the signing of the contract. The proposals by Hughes met the specifications. A combination of Fund 13 and capital bond money has been budgeted in the FY 96/97 for purchase of the apparatus. . IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO 1) TO A WARD SUBJECT CONTRACT TO HUGHES FIRE EQUIPMENT, . INC., IN THE AMOUNT OF $250,738.00 FOR THE CONSTRUCTION AND DELIVERY OF ONE, FOUR WHEEL DRIVE FIRE PUMPER AND 2) TO A WARD SUBJECT CONTRACT TO HUGHES FIRE EQUIPMENT, INC. IN THE AMOUNT OF $261,491.00 FOR THE CONSTRUCTION AND DELIVERY OF ONE MULTI-PURPOSE RESCUE TRUCK. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments 2. Business from Council a. Committee Reports b. Other Business 1. Mayor Morrisette reminded Council that the Salute to Booth Kelly was scheduled for Thursday, August 22, 1996, at 5:30 p.m. 2. Mayor Morrisette reminded Council that the Filbert Festival was scheduled for this weekend. . BUSINESS FROM THE CITY MANAGER , .. Regular Council Meeting Minutes August 19, 1996 Page 11 . BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was continued to next week at 10:30 p.m. Minutes Recorder - Julie Wilson Attest: E~ 1 een tem City Recorder . . ~~~ Mayor