HomeMy WebLinkAbout09/16/1996 Regular
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MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY, SEPTEMBER 16,1996
The City of Springfield Council met in Regular Session in the Springfield City Council Chamber
Room, 225 Fifth Street, Springfield, Oregon, on Monday, September 16, 1996, at 7:00 p.m., with
Mayor Morrisette presiding.
ATTENDANCE
Present were Mayor Morrisette, Councilors Ballew, Beyer, Burge, Dahlquist, Maine and Shaver.
Also present were Acting City Manager Gino Grimaldi, City Attorney Tim Harold, 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 provided by Rev. Joan Mawhirter, Creative Center.
SPRINGFIELD UPBEAT
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1. Fire Chief Dennis Murphy presented Council members with a copy of the 1997 edition of a
national fire calendar titled Fire Trucks in Action.
2. Mayor Morrisette recognized the Human Rights Commission for efforts related to the Civic
Fair held September 7, 1996. Commission members Eikenberry, Greenberg and Kelsay were
in the audience.
CONSENT CALENDAR
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER,
TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6
FOR AND 0 AGAINST.
1. Claims
a. August 1996, Disbursement for Approval.
2. Minutes
a. September 3, 1996 - Regular Meeting
3. Resolutions
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4. Ordinances
5. Other Routine Matters
Regular Council Meeting Minutes
September 16, 1996
Page 2
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a. Authorize the City Manager to Sign the Agreement With Southern Pacific Transportation
Company for Construction of Crossing and Signal Improvements at the Olympic Street
Crossing Near 28th Street.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARINGS
1. An Ordinance Establishing Liens for West M Street Improvements, Project 1-827.
ORDINANCE NO. 5835 - AN ORDINANCE ESTABLISHING LIENS FOR
INST ALLA TION OF PAVING. CURBS. SIDEWALKS. DRAINAGE. LIGHTING AND
STREET TREES. FOR M STREET. RAINBOW DRIVE TO PRESCOTT LANE AND
VICINITY, PROJECT #1-827.
Finance Director Bob Duey presented the staff report on this issue. He explained the City has
completed a local improvement project to serve "M" Street, Rainbow Drive to Prescott Lane
and vicinity, project 1-827. The Council is requested to adopt the ordinance assessing the
properties for this project in the amount of $1 06,809.
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Mr. Duey explained that property owners have the option of paying the assessment in full
within 10 days, signing a Bancroft application to make payments over a period of ten years, or
making partial payments and signing a bancroft application to make payments on the balance
over a ten year period.
Councilor Shaver explained that he had recently purchased property in the West "M" area so
he understood the financial impact caused by assessments. He asked whether he needed to
abstain from voting on the assessment. City Attorney Tim Harold stated he did not need to
abstain from voting.
Mayor Morrisette opened the public hearing.
1. Doug Gannon 859 West M Street, explained that his income status has changed and
wondered if this would impact his assessment amount. Councilor Shaver replied that Mr.
Gannon would need to pay the full assessment since his property was an investment
property .
Mayor Morrisette closed the public hearing.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR
SHAVER, TO ADOPT ORDINANCE NO. 5835. THE MOTION PASSED WITH A VOTE
OF 6 FOR AND 0 AGAINST.
BUSINESS FROM THE AUDIENCE
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1. Jeannine Crane, 5143 E Street, spoke regarding animal control regulations. She stated that
prior to purchasing the referenced property, she had inquired about retaining her pet
potbellied pig. She explained that a staff member indicated that she could keep the animal
since it was only one potbellied pig. She stated that within two weeks of moving in to the
Regular Council Meeting Minutes
September 16, 1996
Page 3
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residence, animal control notified her that the potbellied pig was not allowed. She was
requesting a variance to the Code and would like to be allowed to keep her pet.
2. Ted Crane, 5143 E Street, agreed with comments made by his wife Jeannine. He explained
they have tried to find a home for their pet but have been unsuccessful.
Councilor Burge was concerned that a staff member may have provided incorrect information
to the Crane family. He did note that he was not discrediting what Ms. Crane said and
believed her testimony, but he also wondered what the actual conversation was between the
City staff member and Ms. Crane. He wondered if there was miscommunication between
information delivery and what was received. He felt this was very unfortunate and expressed
concern for the family.
Councilor Shaver did not want to revisit the Code requirements pertaining to this issue. He
hoped the media would write a story about the situation and provide a photo of the animal.
He also suggested the family be granted an extension.
Chief DeForrest explained that a reasonable accommodation could be made to assist in
working out the problem.
COUNCIL RESPONSE
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CORRESPONDENCE AND PETITIONS
1. Correspondence From Gary and Cyndie Crisp, 5660 Daisy Street #51, Requesting a Permit to
Keep Horses on City Property During Winter Months.
a. Cyndie Crisp, 5660 Daisy #5, spoke regarding a request to continue to keep horses on city
property during the winter months. She provided information regarding the property
being deeded back to the city.
b. Daniel Desler, 6225 57th Place, representing Good Neighbor Care Center, discussed
zoning of the referenced property and the notice and site review requirements for this
property. He explained that the State of Oregon deeded the property back to the City of
Springfield. He explained that they would be requesting that the City of Springfield deed
the property back to this company as a good faith effort since it was not being used as
intended. He discussed the site drainage, fencing, flies, horse stalls which may have been
built without proper building permits, and lack of an architectural review process. He
stated that if the horse owners had a place to keep the horses during summer months, they
could do so during the winter months and offered to assist with finding grazing land for
the horses.
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Property Manager De Little provided background regarding the issue. She explained that
initially it was thought that the State of Oregon owned the property. She explained the
City of Springfield received the deed from the State of Oregon showing that the City of
Springfield owned the property. It was agreed that Cyndie Crisp would be allowed to
keep horses at the site for the remainder of the agreement. She explained that Animal
Control and Planning and Development Services were involved in the issue due to areas
of assigned responsibility. She stated that the property being discussed was not the same
property Mr. Desler suggested be deeded back to the City of Springfield. Ms. Little
Regular Council Meeting Minutes
September 16, 1996
Page 4
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explained that if Ms. Crisp did not maintain the field, the City of Springfield was liable
for maintenance. She explained that the City remained neutral as to the benefits received
by allowing horses to graze on the property.
Councilor Ballew questioned if an inventory of City owned property was maintained and
Ms. Little responded yes.
Ms. Little explained that Ms. Crisp did improve the property.
Councilor Burge suggested that the current property inventory list be checked against
Lane County Deeds and Records.
Ms. Little explained that the City was ultimately liable and that the tenants using the
property were required to maintain liability insurance.
Councilor Shaver stated that he had many questions regarding different issues and did not
feel there was a clear cut answer or response to this situation. He asked if the City
Manager could respond with a recommendation to Council on what would be the best
solution to this problem.
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Councilor Burge felt it was inappropriate for public land not designated for private
property to be used as such and wondered if this could raise issues of who really had the
right to use the public land. He commented that an individual using the property for their
own private use may not be the best use of public property.
b. Gary Crisp, 5660 Daisy #5, supported comments made by his wife, Cyndie Crisp. He
explained that he had originally contacted the City of Springfield to determine property
ownership. He was told that the property was owned by the State of Oregon. He
explained that use of the property was approved by the State. He felt that at some point,
they were mislead as to who owned the property. He stated that he did receive a written
lease from the State of Oregon for use of the property. He thought the duration of the
State lease was three to four months. He explained that he was then notified that the
property did not belong to the State of Oregon. He explained he had insurance liability
coverage in the amount of $500,000 on the property. He stated that the lease expired in
June, 1996.
Councilor Dahlquist expressed concern over the issue. He realized there were no existing
policies regarding the use of city property under discussed conditions. He felt Council should
consider establishing regulations.
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Public Works Director Dan Brown stated that approximately three years ago Council
expressed concern regarding inconsistencies in charging a fee for use of city property.
Council then established policies for allowing private use of city right-of-ways. He recalled
that no private use of public land would be approved except by Council and that everyone
should be charged the current market rate. He explained this was a very different type of
request for use of a right-of-way. He felt such an agreement should be brought to Council for
review as long as all other conditions were met as required by other departments.
Mr. Grimaldi explained that staff could come back to Council with additional information and
a recommendation for review.
Regular Council Meeting Minutes
September 16, 1996
Page 5
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Councilor Burge did not feel the lease should be allowed.
IT WAS MOVED BY COUNCILOR SHAVER. WITH A SECOND BY COUNCILOR
DAHLQUIST, TO ASK THE CITY MANAGER TO PROVIDE A RECOMMENDATION
TO COUNCIL AT THE NEXT REGULAR COUNCIL MEETING. THE MOTION PASSED
WITH A VOTE OF 6 FOR AND 0 AGAINST.
2. Correspondence From Esther Rabchuk, President, League of Women Voters of Lane County,
Urging Council to Support the Lane Regional Air Pollution Authority (LRAPA).
3. Correspondence from Will Mueller, Transit Planner, Lane Transit District, PO Box 7070,
Eugene, Regarding Plans to Construct a Park and Ride Facility in East Springfield.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR
SHAVER, TO ACCEPT CORRESPONDENCE NUMBERS ONE, TWO AND THREE.
THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
BIDS
ORDINANCES
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1. An Ordinance Levying Assessments for Improvements on South 69th Place, Project 1-941.
ORDINANCE NO. 5836 - AN ORDINANCE LEVYING ASSESSMENTS FOR STREET
WIDENING, STREET LIGHTS AND SIDEWALK IMPROVEMENTS ON SOUTH 69TH
PLACE FROM CASCADE DRIVE TO FORSYTHIA STREET, AND VICINITY (PROJECT
1-941) 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 street widening, street lights and sidewalk improvements
on South 69th Place from Cascade Drive to Forsythia Street and vicinity (project 1-941) under
the waiver process. The Council is requested to adopt the ordinance assessing the properties
for this project in the amount of $70,902.79. The ordinance contains an emergency clause
which makes it effective immediately upon adoption. The emergency clause is being used
because staff would like to enter the liens on the City docket as soon as possible.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR
SHAVER, TO ADOPT ORDINANCE NO. 5836 AND WAIVE THE ASSESSMENT
FINANCING CRITERIA FOR THIS PROJECT. THE MOTION PASSED WITH A VOTE
OF 6 FOR AND 0 AGAINST.
BUSINESS FROM THE CITY COUNCIL
1. Committee Appointments
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a. Museum Board Appointments.
, Regular Council Meeting Minutes
September 16, 1996
Page 6
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IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR
SHAVER, TO APPOINT PAULA CHAN CARPENTER, JACK GISCHEL, BLAKE
HASTINGS AND JOHN LIVELY TO THE MUSEUM BOARD. THE MOTION
PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
2. Business from Council
a. Committee Reports
1. Councilor Ballew reported on the League of Cities Legislative Committee meeting.
She explained that she received valuable information and would share it with anyone
interested. She provided information on Ballot Measure 47.
2. Mayor Morrisette reported on the Mayor's Conference. He discussed legislation
regarding cities having input for liquor license endorsement requests.
3. Councilor Ballew expressed some interest in serving on the LOC Finance and Taxation
Committee.
4. Councilor Maine explained that the Police Planning Task Force reconvened. The
Committee wanted to continue to meet on a quarterly basis. She noted that the
meeting was well attended.
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5. Councilor Burge reported on an MPC meeting he attended. He eXplained that Pioneer
Parkway would receive a street overlay with participation from the State of Oregon
Department of Transportation.
6. Councilor Dahlquist reported on a McKenzie Watershed meeting. He explained that
the group discussed a recreation action plan. The issue of terminating the Lane
Council of Government contract was discussed. The McKenzie Watershed would like
to be able to find someone to contract at a more reasonable cost.
7. Councilor Shaver explained that a Nuisance Committee has been created to review and
address community-wide nuisance problems. He reported that West "M" Street
problems have been discussed and different department representatives are involved in
the process. He explained that the group is reviewing ways to be more effective in
resolving chronic nuisance problems within the city. He would continue to provide
Council with updates. He explained the next meeting was scheduled for the first
Wednesday in October at 3:00 p.m.
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8. Councilor Burge reported on the Trans Plan meeting he attended. He stated that
stakeholders have been involved with the project for three years and met to begin
developing a plan which was a result of three years of work. Councilor Beyer served
as the Council representative on the committee. Councilor Burge provided the
opening remarks and complemented those who worked on the project. He said that the
group participation exemplified strong community involvement. He stated the group
had a wide range of diverse opinions. He recognized the efforts of both Mel Oberst and
Don Lutes related to the project.
'Regular Council Meeting Minutes
September 16, 1996
Page 7
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9. Mayor Morrisette reported that he will be meeting with Commissioner Green and
Mayor Bascom to discuss any issues of common concern.
10. Councilor Shaver discussed his frustration with the bicycle theft problem in the area.
He explaineq that the City of Eugene was also dealing with this problem. He stated
that if either city comes up with a possible method of addressing this issue, that the
information be shared. He suggested something be done jointly, such as licensing
bicycles.
Councilor Burge commented that there was no answer or solution for the car thefts
occurrmg.
b. Other Business
BUSINESS FROM THE CITY MANAGER
1. Budget Transfer and Supplemental Budget Resolutions.
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RESOLUTION NO. 96-36 - A RESOLUTION REDUCING APPROPRIATIONS IN THE
GENERAL FUND: THE STREET FUND; THE MUSEUM FUND. THE SPECIAL
REVENUE FUND: THE SEWER CAPITAL PROJECTS FUND: THE SEWER
OPERATIONS FUND; THE METRO W ASTEW A TER FUND; THE VEHICLE AND .
EQUIPMENT FUND. THE SDC PROJECTS FUND: THE DEVELOPMENT
ASSESSMENTS FUND: AND THE DEVELOPMENT PROJECTS FUND. ADJUSTING
BEGINNING CASH BALANCES AND RECOGNIZING AND APPROPRIATING LOANS
AND GRANTS IN THE SPECIAL REVENUE FUND: THE COMMUNITY
DEVELOPMENT BLOCK GRANT FUND AND THE DEVELOPMENT PROJECTS
FUND. AND TRANSFERRING AND RE-APPROPRIATING FUNDS IN THE GENERAL
FUND: THE MUSEUM FUND: THE TRANSIENT ROOM TAX FUND: THE
DEVELOPMENT ASSESSMENTS FUND: THE DEVELOPMENT PROJECTS FUND:
AND THE GO BOND CAPITAL PROJECTS FUND.
RESOLUTION NO. 96-37 - A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET
FOR THE CITY OF SPRINGFIELD FOR THE FISCAL YEAR 1996-97 AND MAKING
APPROPRIATIONS FOR THE FISCAL YEAR 1996-97 CITY BUDGET.
Mr. Duey presented the staff report on this issue. Several times throughout the fiscal year,
Council is requested to make adjustments to the budget to reflect needed changes in planned
activities, to recognize new revenues such as grants or to make other required adjustments.
The Finance Department annually schedules September to transfer requests to adjust
beginning cash balances to actuals, subsequent to the end of the prior fiscal year.
The City Council is asked to approved the attached regular budget transfer resolution and the
supplemental budget resolution.
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The overall financial impact of the regular budget transfer resolution is to reduce the budget
by $475,589 due to adjustments in cash balances and prior year encumbrances; recognize
$1,110,778 in grants, loans and cash carryovers; and to transfer and re-appropriate
$1,075,629. The overall financial impact ofthe supplemental budget is to increase total
appropriations by $1,087,666.
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"Regu1ar Council Meeting Minutes
September 16, 1996
Page 8
Fire Chief Dennis Murphy answered questions from Council regarding request number 3, Fire
& Life Safety Double Trailer Purchase, regarding water rescue.
Councilor Burge explained that he represented Grocery Cart Markets and questioned if he
needed to abstain due to a conflict of interest. The response was that he did not have to
abstain.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR
SHAVER, TO ADOPT RESOLUTION NUMBERS 96-36 AND 96-37. THE MOTION
PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
2. Other Business
BUSINESS FROM THE CITY ATTORNEY
ADJOURNMENT
The meeting was adjourned at 8:25 p.m.
Minutes Recorder - Julie Wilson
~(!1!f~
Mayor
Attest:
~i1ebtJ/&h~l--
Eileen Stein {
City Recorder