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HomeMy WebLinkAbout09/16/1996 Regular . 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 . 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 . 4. Ordinances 5. Other Routine Matters Regular Council Meeting Minutes September 16, 1996 Page 2 . 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. . 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 . 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 . 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 . 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. . 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 . 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. . 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. . 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 . 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 . 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 . a. Museum Board Appointments. , Regular Council Meeting Minutes September 16, 1996 Page 6 . 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. . 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. . 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 . 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. . 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. . 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. . . . o , .. "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