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HomeMy WebLinkAbout06/07/1993 Regular . City of Springfield Regular Council Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, JUNE 7, 1993 The City of Springfield Council met in Regular Session in the Springfield City Council Chamber, 225 Fifth Street, Springfield, Oregon, on Monday, June 7, 1993, at 7:45 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette, Councilors Beyer, Shaver, Walters, Burge, Schanz and Maine. Also present were City Manager Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy, 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. Ron Tyler, Church of the Nazarene. 4IIt CONSENT CALENDAR IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BURGE, TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Minutes a. May 17, 1993 - York Session Meeting b. May 17, 1993 - Regular Session Meeting 2. Resolutions RESOLUTION NO. 93-26 - A RESOLUTION RECOGNIZING AND APPROPRIATING REIMBURSEMENTS IN THE VEHICLE AND EQUIPMENT FUND AND TRANSFERRING AND RE-APPROPRIATING FUNDS IN THE GENERAL, STREET, BANCROFT REDEMPTION, SEWER CAPITAL PROJECTS, COMMUNITY DEVELOPMENT BLOCK GRANT AND DEVELOPMENT ASSESSMENTS FUNDS. 3. Ordinances ORDINANCE NO. 5694 - AN ORDINANCE CONCERNING SEWER AND DRAINAGE CHARGES INCLUDING RATES AND AMENDING SECTION 3-3-3 OF THE SPRINGFIELD CODE 1965 (2ND READING). . City Council Regular Session Minutes June 7, 1993 Page 2 tit 4. Other Routine Matters a. Award Bid for Project 1-798: Market Street, Parker Street to Centennial Boulevard, and Vicinity to Eugene Sand & Gravel, Inc., in the Amount of $33,855.60. b. Rejection of Bids for Project 1-797: Handicap Ramp Improvements for 4th, 7th, 8th, 9th, 10th, and 14th Streets, in the Area from B to G Streets, and vicinity. c. Endorsement of OLCC Liquor License for Mill Camp Restaurant and Lounge Located at 225 Q Street. d. Amendment to the State of Oregon Agreement No. 11,585, Concerning State Money for a Reconstruction Project on 28th Street. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 1. An Ordinance Levying Assessments. , ORDINANCE NO. 5695 - AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING, CURBS AND GUTTERS, SIDEWALKS, STREET TREES, STORM DRAINAGE AND STREET LIGHTING TO SERVE 44TH STREET, MAIN TO 650 NORTH, AND VICINITY (1-757), IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON AND DECLARING AN EMERGENCY. . Acting Finance Director Pat Coleman presented a staff report on this issue. The city has completed a local improvement project including paving, curbs and gutters, sidewalks, street trees, storm drainage and street lighting to serve 44th Street, Main Street to 650 North, and vicinity. The Council is requested to hold a public hearing and to adopt the ordinance assessing the properties for this project in the amount of $62,966.40. The ordinance contains an emergency clause which makes it effective immediately upon adoption. The emergency clause is being used in order to enter the liens on the city docket as soon as possible. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BURGE, TO ADOPT ORDINANCE NO. 5695. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGA1NST. 2. Supplemental Budget Resolution. RESOLUTION NO. 93-27 - A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET FOR THE CITY OF SPRINGFIELD FOR FOR THE FISCAL YEAR 1992-93 AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR 1992-93 BUDGET. Acting Finance Director Pat Coleman presented a staff report on this issue. The Council is requested to approve the supplemental budget resolution. The supplemental budget requests would provide the following: . 1. Close the Internal Service Fund - To close out the Internal Service . . . City Council Regular Session Minutes June 7, 1993 Page 3 Fund, a $1 actual cash balance needs to be transferred from the Internal Service Fund to the General Fund. This is housekeeping in nature. 2. Adjust for Downtown Improvement Activities - The Development Services Department is requesting an adjustment for the amount of $59,761 from reserves to community development of the development projects fund. These funds were allocated by City Council for downtown improvement activities. 3. Financial Impact - The overall financial impact of the supplemental budget is to increase total appropriations by $59,762. City Manager Mike Kelly provided additional background information on this issue. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BURGE, TO ADOPT RESOLUTION NO. 93-27. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE 1. David Work, 560 South 71st Street, spoke regarding street improvements for South 71st Street. He discussed problems caused because of needed drainage. He discussed the project costs and street easements. 2. Judy Lane, 537 South 71st Street, spoke in support of the South 71st Street improvement project. She provided Council with a handout summarizing her justification and support for the project. She discussed a road improvement agreements signed by some residents. She felt the residents who signed the agreement should be included as supporters of the improvement petition. She also stated that if those resident signatures were included, it would provide the necessary 2/3 majority support for the project~ City Engineer Al Peroutka answered questions of Council and discussed possible options to make the street improvements. Councilor Walters expressed concern that there was not a regular petition process to request street improvement projects. City Manager Mike Kelly explained there is a process to initiate improvement petitions and he reviewed the process. He explained that through the CIP program, citizens are notified of the five-year project plan. Residents can then respond and follow-up with petition sponsors for improvement projects. He explained that standard petition forms are available to initiate projects. He also explained that often the petition sponsors desire to personalize language contained in the petition, and therefore, do not use the form available. City Attorney Joe Leahy answered questions of Council and clarified points City Council Regular Session Minutes June 7, 1993 Page 4 . related to agreements, petitions, and improvements. Councilor Burge felt the Council had an obligation to proceed with this project because of prior action related to this matter and petition action. Public Works Director Dan Brown answered questions of Council regarding this project. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BURGE, TO INITIATE THE PROCESS FOR THE SOUTH 71ST STREET IMPROVEMENT PROJECT. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. City Manger Mike Kelly explained an initiation resolution would be brought back to Council for their review and action. 3. Chuck North, Associate Pastor, Church of the Nazarene, 942 North 28th Street, requested Council support for a transitional car camp proposal. He provided Council with a handout of the proposed plan including a site map. He acknowledged concerns of residents. Mr. North introduced Bill Odevgard, representative of Conect, the Christian Outreach Network. 4. Bill Odevgard, representative of Conect, requested Council authorization to open and operate a transitional camp for the homeless on the property of the First Church of Nazarene, located at 942 North 28th Street. He presented Council with information regarding outreach efforts, problems related to homelessness, program objectives and design. He also discussed the role of the church at-large, potential support necessary from the community/city, and rules and procedures. . 5. Ken Motsinger, 898 North 26th Street, spoke in opposition of the transitional car camp proposal. He lived near the proposed location of the transitional camp. He expressed safety concerns. He also was displeased that he was not contacted regarding this issue. He felt other alternatives were available for the homeless. He explaihed he was not opposed to homeless, although, was opposed to the proposal to locate this camp in a residential area. 6. Shanisse How~rd, Box 63971, representing One Faith Ministries/Eugene Human Rights Commission, spoke in support of the transitional car camp proposal. She apologized to Mr. Motsinger for not being contacted about this issue. 7. Richard Clark, 861 North 26th Street, spoke in support of the transitional car camp proposal. He also spoke in support of Senate Bill 993. 8. Ron Chase, 1775 West 14th Avenue, Eugene, spoke in support of the transitional car camp proposal and felt it was needed. He stated he was a member of the ad hoc safety committee for a car camp project previously located in Eugene. He did not feel resident safety was a concern and comments were overstated. 9. David Huber, 860 North 25th Place, representing 25th Place Neighborhood Watch, spoke in opposition of the transitional car camp proposal. He explained 28 residents asked him to represent their opposition to this project. He explained the proposed camp was close to a school. He felt . City Council Regular Session Minutes June 7, 1993 Page 5 . children's safety was an issue. He did not feel the camp should be located in a residential area. He also discussed panhandling occurring in his neighborhood. Wayne Ford, 1019 Fillmore, Eugene, representing the Eugene/Springfield Action Coalition, spoke in support of the transitional car camp proposal. He spoke in support of Senate Bill 993. He also explained that if Council supported the proposal, the Coalition would provide support and reminded Council that Springfield had outside support. 11. Dan Swinney, 860 North 28th, spoke in opposition of the transitional car camp proposal. He expressed safety concerns. He also felt his property value would be lowered if a car camp was implemented. 10. 12. William "Bill" Eikenberr~, 2625 E Street, spoke in support of the transitional car camp proposal. He explained that homeless people needed a legal address in order to apply for employment. He felt Council needed to acknowledge the homeless problem in Springfield. He also stated that if this site was not selected, another site was needed. He felt support and outreach was needed for the homeless. 13. Tim Taylor, 732 North 53rd Street, representing Conect/Watchman Ministries, spoke in support of the transitional car camp proposal. He wanted to help the homeless. He stated that he did not feel crime rate would rise because of the homeless. He stated he would like to see statistics and documentation before he would believe safety was a risk factor. . 14. Christil Thomas, Rainbow Drive, representing Centennial Car Camp, spoke in support of the transitional car camp proposal. She stated that being homeless was against the law. She explained it was difficult to find a job while being homeless. She felt that by being in a car camp, people would have a sense of community. She discussed her experiences with the Centennial car camp in Eugene. She stated there were not any public safety problems at the car camp. 15. James Wynne, 774 North 66th Street, spoke in opposition of the transitional car camp proposal and panhandling. He was not opposed to helping the homeless but did not support the camp being located in a residential area. 16. Rick Aquizap, no address, spoke in support of the transitional car camp proposal and panhandling. He felt citizens did not treat homeless people fairly. He said that just because people were homeless it did not mean they were criminals. He explained that he did not want to be homeless. He felt Springfield needed to follow the model of the car camp which was previously located in the city of Eugene. Council was provided with a handout from Mr. Aquizap. 17. Judy Lane, address withheld, spoke in opposition of curb side panhandles. She stated that Mr. Aquizap became violent and yelled at her to give him money. She felt this type of abuse was not fair to the citizens. She explained that she contacted the Springfield Police Department and they stated they would follow-up on this and this incident was handled like "business as usual." . City Council Regular Session Minutes June 7, 1993 Page 6 . 18. Bridget Reilly, explained she was homeless with Mr. Aquizap. She stated that Ms. Lane was confused and Mr. Aquizap was not violent with her, but with someone in front of Ms. Lane. She discussed panhandling and the handout provided by Mr. Aquizap. 19. Willie Combs, 334 Scotts Glen Drive, spoke in support of the transitional car camp. He expressed how great it would be if the homeless children were allowed to receive an education and learn to read and write. He explained the camp could benefit the young involved. 20. Randy Rawson, address withheld, spoke regarding the homeless. He addressed safety issues related to transients. He expressed sympathy with those who were homeless. He felt homeless issues needed to be addressed and that this problem would not go away. He also felt Council needed to further discuss this issue during a work session and contact both the homeless people and the residents near the proposed site. He discussed the Lane Community College displaced worker program. 21. Dan Foster, 1311 North 7th, spoke in support of the transitional car camp proposal. He explained the citizens of this community had a responsibility to help the homeless integrate into the community. 22. Bob Weidel, 446 North 5th Street, spoke in support of the transitional car camp proposal. He discussed the need for citizens to evaluate the value of property in relation to the value of helping the homeless. . 23. Gary Ware, 902 North 25th Place, discussed the proposal for the car camp. He explained that residents in the neighborhood were not opposed to the car camp being used by families and homeless, although, he felt the residents needed to be more informed of the proposed plan. 24. Gary Cornelius, 2065 G Street, spoke in support of the proposal for the car camp. 25. Senior Pastor Ron Tyler, Church of the Nazarene, expressed support for the transitional car camp. He acknowledged the concerns raised by those who testified and that people had legitimate concerns. He wanted to address resident concerns regarding safety and property value. He stated that if this particular proposal was not feasible, he felt it was necessary to find an alternate plan. Council recessed at 9:25 p.m. Council reconvened at 9:37 p.m. COUNCIL RESPONSE Councilor Burge had concerns regarding community needs and protection. He discussed land use, precedent setting and monitoring of the Centennial car camp. He explained that many cars at the car camp had out-of-state license plates such as Canada, Florida, Utah and California. He expressed sympathy with local area families experiencing difficult times. But he did not want to create a transitory non-local car camp which could become a destination for people from other states. . Councilor Walters commended the Church of the Nazarene for their efforts . . . City Council Regular Session Minutes June 7, 1993 Page 7 related to the proposed homeless car camp. He felt churches were stakeholders in the community. He felt there should be federal legislation and funding available for the homeless. He felt that if this was mandated in each jurisdiction, the situation would become a community responsibility. He shared personal difficulties he experienced while in transition from California to Oregon and without a permanent home address. He suggested that the families located at the car camp be required to be previous Springfield residents. He thought this was a good qualifier. He supported the proposal with this type of condition. Councilor Beyer did not feel this was the appropriate forum to discuss concerns. She stated she would not support the proposal at this point due to a lack of criteria and other information. Councilor Schanz agreed with comments made by Councilor Beyer. He felt the proposal was very limited. He was not comfortable with people sleeping in a car next to a building that may be utilized as a shelter. Councilor Shaver discussed homelessness. He felt the problem could not be solved with one proposal but thought that chipping away at the problem may help at least one person. He commended the Church of the Nazarene for their efforts to address this problem. He discussed land-use problems related to the proposal. He explained he did not support the proposal because of land-use issues. He discussed interim services that could be an option. He expressed his concern that the problem would not go away. Councilor Maine had similar concerns regarding land-use issues. He discussed the land-use process. He felt that placing a camp in a residential area was not acceptable. He agreed with some comments made by Councilor Schanz. He also explained that there were many churches willing to help with the homeless situation. He supported having families live inside the church building. He thought there were many other resources to pursue. Mayor Morrisette expressed support for the proposal and reiterated that this proposal was for a 'transitional' camp for the most needy families. However, he suggested further discussion should occur between the residents and the church. He also suggested that other sites be considered for the camp. Councilor Walters explained that there were many people willing to support the proposal. He again discussed support for prior Springfield residents to utilize the camp. The Council directed the church to discuss the proposal with the neighbors and to consider other options for assisting the homeless including looking for other sites for a car camp. ORDINANCES 1. Proposed Amendments to Industrial Pretreatment Ordinance. ORDINANCE NO. 3 - AN ORDINANCE CONCERNING THE CITY SEWERAGE SYSTEM; AMENDING SECTIONS 4-7-1, 4-7-2, 4-7-36, 4-7-37, 4-7-41, 4-7-45, REPEALING SECTIONS 4-7-3(13) AND 4-7-5 OF THE SPRINGFIELD CODE, 1965, AND DECLARING AN EMERGENCY. City Council Regular Session Minutes June 7, 1993 Page 8 . Environmental Programs Manager Gary Colwell presented a staff report on this issue. Section 4-7-35 of the City Code authorizes and directs the City Manager to promulgate such rules and regulations as may be deemed necessary or proper to carry out the purpose or provisions of the city's industrial pretreatment ordinance. Such rules and regulations have been developed jointly by technical and legal staffs of the cities of Springfield and Eugene and the Metropolitan Wastewater Management Commission. Several amendments to the City Code are necessary to facilitate the adoption of these administrative rules which include an enforcement response plan. Staff asks that an emergency be declared because the Oregon Department of Environmental Quality has urged the immediate implementation of the enforcement response plan. Councilor Burge requested information regarding the changes made. The ordinance would be brought back to Council in legislative format to reflect changes made. 2. Revised Council Operating Policies and Procedures. ORDINANCE NO. 5696 - AN ORDINANCE CONCERNING CITY COUNCIL MEETING TIMES AND CITY COUNCIL MEETING ORDER OF BUSINESS AND DECLARING AN EMERGENCY. . City Recorder Eileen Stein presented a staff report on this issue. At the Council's goal setting/team building session on May 19, 1993, a number of changes were suggested to the Council's operating policies and procedures. These changes necessitate updating the Council's operating policies and procedures, as well as amending Chapter I, Article 3 "City Council" of the Springfield City Code. Article 3 of Chapter I of the City Code prescribes the time that regular meetings of the council will convene and the order of business on the meeting agenda. In order to make the suggested changes to a 7:00 p.m. starting time and the change of order of business, an ordinance amending the code must be approved. Other changes suggested only affect the Council's operating policies and procedures. Council discussed holiday schedules. They agreed that Council meetings would not be held on holidays, but on the next working day. They also discussed that this was more convenient for staff. Council also discussed time limits for testimony from the audience. Councilor Shaver suggested this item be moved to the end of the agenda. Councilor Burge discussed the need to handle business efficiently and timely. He suggested that Business from the Audience be eliminated and requested that comments and concerns be submitted in writing and dealt with under Correspondence and Petitions. Mayor Morrisette agreed. City Attorney Joe Leahy advised the Council they could put parameters on the testimony it receives from the public and suggested that Council allow 15 or 20 minutes for testimony from the audience and divided the time by those wishing to speak. . Mayor Morrisette supported Councilor Burge's idea to eliminate Business City Council Regular Session Minutes June 7, 1993 Page 9 tit from the Audience. The Council discussed this issue further and agreed to allow 20 minutes total for testimony from the audience. IT WAS MOVED BY COUNCILOR SCHANZ, WITH A SECOND BY COUNCILOR WALTERS, TO AMEND THE COUNCIL OPERATING POLICIES TO REFLECT THAT BUSINESS FROM THE AUDIENCE WOULD ALLOW 20 MINUTES TOTAL FOR PUBLIC TESTIMONY. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. Councilor Valters discussed the responsibility of committee liaison members and recommended that the liaison be encouraged to attend the Council meetings. Council further discussed the responsibility of the liaison members attending Council meetings. IT YAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT ORDINANCE NO. 5696 AS AMENDED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. Council did not take any further action on the Council Operating Polices and Procedures. 3. An Ordinance Establishing Liens for Installation of "E" Street Sanitary Sewer 58th Street East 248 Feet and Vicinity, Project 1-774. . ORDINANCE NO. 5697 - AN ORDINANCE LEVYING ASSESSMENTS FOR INSTALLATION OF "E" STREET SANITARY SEWER 58TH STREET EAST 248 FEET AND VICINITY (1-774), IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON AND DECLARING AN EMERGENCY. Acting Finance Director Pat Coleman was available to answer questions. The city has completed a local improvement project including installation of the E Street sanitary sewer, 58th Street East 248 feet and vicinity. The Council is requesting to adopt the ordinance assessing the properties for this project in the amount of $15,865.82. The ordinance contains an emergency clause which makes it effective immediately upon adoption. The emergency clause is being used in order to enter the liens on the City docket as soon as possible. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BURGE, TO ADOPT ORDINANCE NO. 5697. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE CITY MANAGER 1. Amendment to Fee Schedule for Ambulance and Emergency Medical Services. RESOLUTION NO. 93-28 - A RESOLUTION AMENDING THE SCHEDULE OF CHARGES FOR AMBULANCE AND EMERGENCY MEDICAL SERVICES BY THE CITY OF SPRINGFIELD. . EMS Coordinator John Garitz presented a staff report on this issue. Ambulance user fee rates are reviewed annually to insure that user fee revenue is adequate to support operation of the EMS system, to stay current with Medicare reimbursement allowable amounts and to compare our rates with other cities with similar programs. This proposal will increase the all-inclusive base rate and mileage charges by six percent. If approved, . . . City Council Regular Session Minutes June 7, 1993 Page 10 the new rates, in conjunction with FireMed membership fees and other EMS revenue, will support the FY 1993-94 EMS enterprise budget. Ambulance billings would increase by an average of six percent effective July 1, 1993, and result in an after collection net revenue increase of approximately 2.8 percent. The difference between the gross billing increase and the net revenue increase is due to the time it takes for insurers' reimbursement profiles to reflect any increase in rates. Because insurers, especially Medicare, look at rates over a prior year before changing their reimbursement levels (revising their "usual and customary amount"), a rate increase won't be fully reflected for up to 24 months after a change. The proposed rate increase would increase revenue by an estimated $50,782 in the next 12 months. Ambulance rate comparisons with other Oregon cities show Springfield's proposed rates to be in the mid-range of the cities surveyed. The last rate increase became effective June 1, 1992. Since that time, the medical Consumer Price Index has risen by 6.3 percent. The proposed rate increases are uniform with the city of Eugene's proposed ambulance rates. If adopted, the two cities would continue to charge identical user fee rates. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BURGE, TO ADOPT RESOLUTION NO. 93-28. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Withdraw Award of the Contract with Lantz Electric for Project 1-811 from May 17 Council Meeting, and Direct Staff to Rebid the Project. Traffic Engineer Scott Morris provided a staff report on this issue. Lantz Electric has submitted a request to withdraw the award of their contract for project 1-811 and re-bid the project. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR WALTERS, TO DIRECT STAFF TO REBID THE PROJECT. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 3. Ratification of the Metropolitan Yastewater Management Commission (MWMC) Fiscal Year 1993-94 Budget. MWMD General Manager Kathy Schacht was available to answer questions of Council. On April 22, 1993, following a public hearing, the MWMC approved the fiscal year 1993-94 budget and is now submitting it to Springfield as one of its three member governments (Springfield, Eugene, and Lane County) for ratification. The ratification is required prior to the Commission adoption of the budget. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BURGE, TO RATIFY THE FY 93-94 BUDGET. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 4. Other Business. . . . City Council Regular Session Minutes June 7, 1993 Page 11 a. Councilor Burge raised the question of Council members directly contacting the City Attorney. He suggested that Council discuss items of concern and reach a consensus if the item should be referred to the City Attorney. City Attorney Joe Leahy responded that Council has not abused services available by the City Attorney. b. Council discussed the summer recess schedule which would be held the last two weeks of July and first two weeks of August. ADJOURNMENT THE MEETING WAS ADJOURNED AT APPROXIMATELY 10:50 P.M. Minutes Recorder - Julie Wilson ATTEST: ~ City Recorde #4161