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HomeMy WebLinkAbout12/06/1993 Regular ~ . City of Springfield Regular Council Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, DECEMBER 6, 1993 The City of Springfield Council met in Regular Session in the Springfield City Council Chamber, 225 Fifth Street, Springfield, Oregon, on Monday, December 6, 1993, at 7:08 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 Tim Harold, City Recorder Eileen Stein, and me~ers of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Morrisette. INVOCATION The invocation was given by Rev. Jeff Savage, First Baptist Church. SPRINGFIELD UPBEAT . None. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BURGE, TO ADOPT THE CONSENT CALENDAR WITH ITEM 3B REMOVED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Minutes a. b. November 9, 1993 November 15, 1993 November 15, 1993 November 22, 1993 - Work Session - Work Session - Regular Session - Work Session c. d. 2. Resolutions a. RESOLUTION NO. 93-60 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-842: NICOLE PARK FIRST ADDITION SUBDIVISION (RENAMED AUSTIN PARK SOUTH SUBDIVISION) . 3. Other Routine Matters a. Award of Bid in the Amount of $87,530 to Sahlberg Construction Equipment and Safety Supplies for a Mechanical Street Sweeper. . . . . City Council Regular Session Minutes - 12/6/93 Page 2 c. Endorsement of OLCCLiquor License for The Club Tavern Located at 420 Main Street. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. Other Routine Matters b. Adoption of the Proposed Charter for the McKenzie River Watershed Council (MRWC). Councilor Shaver provided background information related to the MRWC. He also provided information regarding membership and the make-up of the MRWC. He also explained that the ground rules were approved during the last MRWC meeting and that the MRWC would conduct business on a consensus basis. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT THE CHARTER FOR THE MCKENZIE RIVER WATERSHED COUNCIL. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. PUBLIC HEARINGS 1. Liens for Public Improvements Constructed on North 6th Street, M Street North 600 Feet; M Street From 5th to 7th Streets, and Vicinity, Project 1-780. ORDINANCE NO. 5716 - AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING, CURBS AND GUTTERS, SIDEWALKS, STREET LIGHTING, STREET TREES, AND STORM DRAINAGE TO SERVE NORTH 6TH STREET, M STREET NORTH 600 FEET; M STREET FROM 5TH TO 7TH STREETS, AND VICINITY (1-780), IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON AND DECLARING AN EMERGENCY. Finance Director Pat Coleman was available to answer questions from the Council. The city has completed a local improvement project including paving, curbs and gutters, sidewalks, street lighting, street trees, and storm drainage to serve North 6th Street, M Street north 600 feet; M Street from 5th to 7th Streets, 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 $93,359. 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. 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. 5716. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. City Council Regular Session Minutes - 12/6/93 Page 3 . 2. Request for Vacation of a Public Utility Easement and a Drainage Facility Easement: Sycan B, Applicant; Jo. No. 93-10-163. ORDINANCE NO. 5717 - AN ORDINANCE VACATING A 30 FOOT WIDE PUBLIC UTILITY EASEMENT AND A 30 FOOT WIDE DRAINAGE EASEMENT ALONG THE NORTHWEST BOUNDARY OF PARCEL 2 OF PARTITION PLAT NO. 91-P0177, ASSESSOR'S MAP 17-03-22-34, TAX LOT 2700 AS RECORDED IN REEL 642R, INSTRUMENT NUMBER 7326340, LANE COUNTY, OREGON DEED RECORDS; AND A 30 FOOT WIDE PUBLIC UTILITY EASEMENT IN THE NORTHWEST PORTION OF PARCEL 2 OF PARTITION PLAT NO. 91-P0177, AS RECORDED IN REEL 851R, INSTRUMENT NUMBER 7736178, LANE COUNTY, OREGON DEED RECORDS, AND DECLARING AN EMERGENCY. City Planner Lauren Lezell presented a staff report on this issue. The applicant is requesting a vacation of the two easements in order to increase the property's buildable area. Two ordinance readings are normally provided for this action, however, emergency adoption is requested because the applicant's final site plan cannot be approved until the easements are vacated and the next City Council regular meeting date is January 3, 1994. . The subject property is located on the south side of Oakdale Street, east of Gateway Street. The Metro Plan (Gateway Refinement Plan) designation and zoning are Medium Density Residential (MDR). The Public Works Department and the affected utilities have reviewed the application, and have determined that vacation of these easements will have no negative effect on service provision or other public benefit derived from the easements. 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. 5717. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 3. Draft Eugene-Springfield Comprehensive Housing Affordability Strategy (CHAS) . RESOLUTION NO. 93-61 - A RESOLUTION ADOPTING THE 1994 EUGENE-SPRINGFIELD COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) FOR SUBMISSION TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Housing Planner Robin Johnson presented a staff report on this issue. This public hearing is the final opportunity to receive comments on the draft CHAS, before adoption by each jurisdiction. The Eugene City Council is reviewing the document and is scheduled to adopt the CHAS at its December 6th meeting. The CHAS serves as the guiding document in the allocation of federal housing funds. This document will be in effect for at least the next twenty-four months or until HUD requires that a new "consolidated" plan be adopted by Eugene and Springfield. This new document requirement will combine the planning process for the Community Development Program, HOME program and the CHAS. . . . . City Council Regular Session Minutes - 12/6/93 Page 4 The CHAS provides a profile on the housing market and housing needs for both jurisdictions. It also ranks program priorities for affordable permanent housing, housing and services for homeless households, and supportive housing and services. This draft is essentially the same document adopted by Council two years ago, but updated with 1990 Census information for housing needs and includes other HUD required information for this submission. The policy and program priorities are unchanged from the last submission. The Housing Policy Board held a public hearing for the 1994 submission on December 2, 1993. Council was provided with a handout containing amendments recommended by the Policy Board. The three recommended amendments were as follows: (1) include fair housing language from the 1993 CHAS; (2) amend page 88 - recommendation for improvement, providers; and (3) amend page 95 and 96 - Metropolitan Affordable Housing Corporation. Three comments that were not recommended as amendments were as follows: (1) Eugene only - increase home ownership opportunities in the Whiteaker neighborhood; (2) create a neighborhood specific CHAS; and (3) increase the goal of housing for elderly. Ms. Johnson answered questions of Council regarding costs related to CHAS. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. Mr. Jack Roberts, Lane County Commissioner and Housing Policy Board chair, was introduced. Mr. Roberts explained that this review process provides a strategy for meeting the federal requirements for fair housing. He also explained that when this requirement was passed, the idea of completing a comprehensive plan made sense for communities which have not already completed one. He also explained that our community has done this through the Housing Policy Board, and Housing Task Force, which was created prior to the creation of the Board. He also explained that compliance was met in order to qualify for federal funding. Mr. Roberts noted that it was a requirement that this plan be updated every year. He also explained that the policy which required annual review was being looked at and he hoped that the federal government would eliminate the annual review requirement. He explained that to cut costs, the Board decided to complete a scaled down version of the document. He also explained that a number of things not required were left out. He also explained that even though the fair housing requirements were left out they decided to put it back in to eliminate any misunderstanding. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR WALTERS, TO ADOPT RESOLUTION NO. 93-61 AS AMENDED BY EXHIBIT B. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . . . City Council Regular Session Minutes - 12/6/93 Page 5 4. Use of Churches as Temporary Shelters. ORDINANCE NO. 5718 - AN ORDINANCE ADDING SECTIONS 9-1-1 TO 9-1-4, ARTICLE 1, CHAPTER IX TO THE SPRINGFIELD CODE, 1965, PERTAINING TO THE USE OF CHURCHES AS TEMPORARY EMERGENCY SHELTERS FOR THE HOMELESS AND DECLARING AN EMERGENCY. Building Official Dave Puent presented a staff report on this issue. At the City Council meeting on November 15, 1993, Council directed staff to prepare an ordinance that allows churches to be used as temporary emergency shelters. Mr. Puent provided Council with a handout which contained revisions to the proposed ordinance as follows: 1. Amend Section 9-1-2(1) to read as follows: Church shall be defined as specified in Section 2.020 of the Sprinqfield Development Code and as a building or buildings of at least 3,000 square feet. 2. Amend Section 9-1-3 to read as follows: ...emergency shelter for the homeless. Prior to authorizinq occupancy, the Buildinq Official shall apply the followinq standards:... 3. Amend Section 9-1~4 to read as follows: .. .not in compliance with Sections 9-1-1 to 9-1-3 of this Article by city staff... As part of the discussions regarding the Shelter Work Group's request to fund the emergency winter car camp, Councilor Greg Shaver proposed an alternative emergency shelter solution. Under Councilor Shaver's proposal, churches would be allowed to house homeless people inside their buildings during the winter months. Staff has prepared an ordinance to this effect, providing that churches meet minimal health and safety requirements. Local churches and neighborhood associations were sent notices of this proposed change to the Municipal Code. Mayor Morrisette opened the public hearing. 1. Marty Floyd, Program Director, Interfaith Emergency Shelter System, 2485 North 5th, spoke in support of providing support to those in need. She discussed her support for community churches helping the homeless. 2. Gary Bour, 902 North 25th Place, Springfield, representing North 25th Place Neighbors, explained he was not opposed to helping the community, although, felt that the residents were not well informed regarding the proposed revisions to the Springfield City Code, Section 9-1-1 to 9-1-4. He felt that the community should provide assistance to local Springfield residents only. Councilor Shaver provided additional information and clarification regarding the proposal. . . . City Council Regular Session Minutes - 12/6/93 Page 6 3. Ron Tyler, Pastor, Church of the Nazarene, 942 North 28th Street, expressed concern that the proposal placed many stipulations on what could be done inside churches. Councilor Shaver responded to comments made by Pastor Tyler and discussed safety issues related to the ordinance. Mr. Tyler further discussed providing shelter for needy people. 4. Jonathan Sieqle, Chair, Springfield Planning Commission, 540 E Street, discussed process and procedure related to zoning. He discussed affordable and low-cost housing. He felt that city staff needed to review building codes and possibly amend regulations to help provide a more permanent solution to the homeless and housing shortage. 5. Chuck North, Pastor, Church of the Nazarene, 1715 West 1st Avenue, Junction City, spoke in support of helping the homeless. He discussed the need to provide long term assistance. Mayor Morrisette closed the public hearing. Building Official Dave Puent answered questions of Council. He discussed regulations related to safety. Councilor Schanz stated that 50% of housing market in Springfield was rentals. He felt that the tax regulations caused people to avoid selling rental property because they did not want to pay taxes on any gains. He was doubtful that many churches would be able to help the homeless on a long-term basis because it would be a financial drain. He felt the ordinance should be changed to 12 months. Councilor Burge stated that he did not see any request or petition from a coalition of churches requesting the proposed ordinance. He was concerned that Council may adopt the ordinance and find out that, because of building modifications required, churches may not be able to participate in accommodating the homeless. He questioned if there was another way this could be done on an interim basis without adopting an ordinance. City Attorney Tim Harold answered questions of Council. Council further discussed this issue in detail. Councilor Shaver suggested that a mail-out be provided to churches with information related to the revised ordinance. Councilor Burge added that a possible presentation could be provided to members of the church to explain and answer questions regarding this proposal Councilor Maine felt more comfortable if this issue could be reviewed in approximately six months. Staff would bring this issue back to Council for review in six months. City Council Regular Session Minutes - 12/6/93 Page 7 . 6. City Recorder Eileen Stein entered into the public record a letter from Pastor Gary Emery, Calvary Temple, 1116 Centennial Blvd., supporting a revision to the Springfield City Code to allow churches to provide lodging for homeless families, and in support of helping the homeless. 7. City Recorder Eileen Stein entered into the public record a letter from Wendell Biddle Tamburro, 1909 Bonnie Lane, supporting a revision to the Springfield City Code, to allow churches to provide lodging for homeless families. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR SCHANZ, TO ADOPT ORDINANCE NO. 5718, ADDING SECTIONS 9-1-1 TO 9-1-4, ARTICLE 1, CHAPTER IX TO THE SPRINGFIELD CODE, 1965, PERTAINING TO THE USE OF CHURCHES AS TEMPORARY EMERGENCY SHELTERS FOR THE HOMELESS AND DECLARING AN EMERGENCY, AND AMEND THE ORDINANCE TO INCLUDE THE REVISIONS MADE BY MR. PUENT, AS WELL AS CHANGING THE TIME PERIOD TO REFLECT A 12 MONTH TIME PERIOD. . City Attorney Tim Harold discussed language contained in Section 9-1-2(2) of the proposed ordinance. He made specific reference to the word "temporary" being defined as the maximum time for a church to be used as an emergency shelter where the homeless may sleep - any 15 consecutive day or longer period from October to May. He also explained that if the language October to May was deleted, this program would be a year round program and also discussed grant of authority. He also explained that under the proposed system, there was a seven month maximum period. He questioned if it was the intent of the Council to go to a 12 month period with an annual permit. After further discussion, Mr. Harold suggested that the language under 9-1-3 be revised to read as follows, "... PRIOR TO AUTHORIZING OCCUPANCY, AND ANNUALLY THEREAFTER, THE BUILDING OFFICIAL SHALL APPLY THE FOLLOWING STANDARDS: " COUNCILOR SHAVER'S MOTION ALSO INCLUDED THE LANGUAGE REVISION PROVIDED BY MR. HAROLD. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 5. Mayor Morrisette discussed the CHAS document. He made reference to the First Time Home Buyer's program in Springfield. He made reference to information regarding this program on page 68 of the document. He felt that Council needed to be aware of this program and suggested that a memo be sent to Council reminding them of city involvement related to the Springfield program. He also noted that the city provided $15,000 toward fees for certain programs (Habitat for Humanity, NEDCO and St. Vincent de Paul) . BUSINESS FROM THE AUDIENCE 1. Beverly NOkleby, 1235 F Street, spoke in support of a Home Occupation Application to use a portion of the residence for an office and storage of equipment used for a parking lot sweeper business. Ms. Nokleby provided Council with a letter dated December 1, 1993 regarding her application for a Home Occupation Permit. . . . . City Council Regular Session Minutes - 12/6/93 Page 8 2. Art Kennedy, 1404 Centennial Blvd., discussed the regulations and restrictions placed on the Library related to the check-out policy for "R" rated video tapes. He requested that Council repeal this restriction. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence from Dan Plaza, Superintendent, Willamalane Park and Recreation District, in Support of the Sports Center. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Correspondence From Mr. Frank Coleman, 393 North 71st Street, in Support of the Sale or Trade of Weapons. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BURGE, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 5. Correspondence from Barbara Keller, Eugene City Councilor, Ward 2, Thanking the Springfield City Council for Contributing $5,000 for the Centennial Car Camp. 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. 3. A petition Signed by 10 Springfield Residents, Requesting That Commercial Attack Dog Training, Conducted at the MWMC Park Area Located at Aspen and North Walnut Road be Stopped. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. a. Brian Kenny, 1352 North Walnut Road, representing himself and other homeowners on North Walnut Road, spoke in opposition of the use of this area for attack dog training. He explained he was not opposed to the training of the dogs, although, was in opposition to the training being done at this location. b. Betsy Steffensen, 512 Aspen, supported the the attack dog training program, although, was in opposition of training being done at this location. Ms. Steffensen contacted Lane Community College (LCC) and discussed a possible alternate location for the training of dogs. Ms. Steffensen stated that individuals she spoke with at LCC supported the possible training of dogs at LCC. She stated that the safety of children was a concern with current location of dog training classes. . . . City Council Regular Session Minutes - 12/6/93 Page 9 c. Shelley Reecher, Founder and Director of Project Safe Run, 815 Cherry Street, Eugene, spoke in support of Project Safe Run. She explained that she has contributed $262,000 from her personal trust fund for this program. She reminded Council that the dogs were defense dogs. Ms. Reecher answered questions of Council regarding needs for training and stated that 500 yards of flat land was needed. City Recorder Eileen Stein explained that the MWMC site is zoned open space. The property is used as a park for a variety of traditional recreational activities. Because the property is within the city limits and is utilized as a public park space, the City Attorney has advised that the Springfield City Code would apply. Ms. Stein explained that the Springfield City Code Sections 5-4-2 and 5-4-10 prohibit the keeping of dogs at large, but also except dogs which are in obedience or field training exercises. She also explained that dogs under the PSR program would qualify from exemption under this provision. However, 5-4-11 also prohibits persons from keeping barking dogs, there are no exceptions in this case. d. Phil Farrinqton, Planner, willamalane Park and Recreation District, answered questions of Council and provided information regarding the location of Great Blue Heron nests located in the open space area. Mr. Farrington explained that the Blue Heron were not endangered, although, they were rare in this area. Councilor Walters supported the efforts of Ms. Reecher and discussed the needs addressed by Ms. Reecher's project. Councilor Burge was sensitive to both the concerns of the residents in this area and appreciated the efforts of Ms. Reecher. Mayor Morrisette hoped that neighbors were patient with working out this project and that PSR was a needed service. Staff would review what property was available to conduct PSR training. PSR would continue training at the MWMC site. Staff would report back within 30 days. 4. Correspondence From Shelley Reecher, Founder and Director of Project Safe Run (PSR), PO Box 22234, Eugene, in Support of PSR. IT WAS MOVED BY COUNCILOR MAINE, 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 William E. and Nancy Jones, 1627 Carter Lane, in support of PSR was provided as a handout to Council. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. City Council Regular Session Minutes - 12/6/93 Page 10 . 6. Correspondence from David Reed, Manager, Planning and Development Department, Willamalane Park and Recreation District, expressing concern regarding the attack dog training taking place at the MWMC open space area at Aspen and North Walnut on the west end of the basin was provided as a handout to Council. Council did not take formal action to accept the correspondence. 7. Correspondence from Beverly Nokleby, 1235 F Street, in Support of a Home Occupation Application to Use a Portion of the Residence for an Office and Storage of Equipment Used for a Parking Lot Sweeper Business. Ms. Nokleby Addressed Council Under Business From the Audience. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. Council recessed at approximately 8:45. Council reconvened at 9:00 p.m. BIDS None. ORDINANCES None. . BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments. a. Library Board Appointment. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO APPOINT JOSEPH MATHIEU TO THE LIBRARY BOARD WITH THE TERM EXPIRING ON DECEMBER 31, 1995. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. b. Arts Commission Appointments. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BURGE, TO RATIFY THE APPOINTMENTS OF CHARLES SWISHER, WENDY HAFDAHL AND NADA ZAWADNY TO THEIR FIRST FOUR YEAR TERM, AND NOT APPOINT GARY CORNELIUS AND RE-ADVERTISE FOR THIS POSITION. Councilor Walters felt that the Council should conduct personal interviews for board, committee and commission vacancies. He felt that this would provide applicants the opportunity to respond to questions and comments of Council. He also felt uncomfortable not being able to personally talk with Mr. Cornelius about specific comments made by Mr. Cornelius in a letter to the editor. Museum Coordinator Kathy Jensen explained that all applicants were . . . . City Council Regular Session Minutes - 12/6/93 Page 11 aware that this item was scheduled as an agenda item tonight and the applicants could have attended the meeting if they desired. IT WAS MOVED BY COUNCILOR WALTERS TO AMEND THE MOTION AND TO RATIFY THE APPOINTMENTS OF CHARLES SWISHER, WENDY HAFDAHL AND NADA ZAWADNY TO THEIR FIRST FOUR YEAR TERM, TO NOT APPOINT GARY CORNELIUS AND THAT FUTURE APPLICANTS TO BOARD, COMMITTEE AND COMMISSIONS VACANCIES BE INTERVIEWED. THE AMENDMENT DIED DUE TO A LACK OF A SECOND. Councilor Beyer did not support this motion. She felt that because Mr. Cornelius did not agree with Council, this was not a sufficient reason not to appoint Mr. Cornelius to the Commission. She would vote no on this motion even though she supported applicant appointments to the Commission. Councilor Shaver responded to comments made by Councilor Beyer. Councilor Burge agreed that people were entitled to have differing opinions, although, retaliation was not acceptable. Councilor Maine felt that if Council did not appoint Mr. Cornelius because of his comments made, this could set a precedence. He explained that there were members on other board, committee and commissions which have called Council different names. Mayor Morrisette felt that differing opinions may provide a balance among groups. Councilor Shaver stated that comments made by Mr. Cornelius included the Council being "on the cutting edge of stupidity." He felt this crossed the line of being constructive. Councilor Walters felt that if Council did not appoint Mr. Cornelius because of his comments, Council may be living up to some of Mr. Cornelius' points. Councilor Walters still supported the amended motion that Council interview applicants for board, committee and commission vacancies. THE ORIGINAL MOTION TO APPOINT THREE MEMBERS, EXCLUDING GARY CORNELIUS TIED BY A VOTE OF 3 FOR AND 3 AGAINST. MAYOR MORRISETTE BROKE THE TIE. THE MOTION FAILED BY A VOTE OF 3 FOR AND 4 AGAINST (MORRISETTE, WALTERS, MAINE AND BEYER) . IT WAS MOVED BY COUNCILOR BEYER, WITH A SECOND BY COUNCILOR WALTERS, TO RATIFY THE APPOINTMENT OF GARY CORNELIUS TO A SECOND FOUR YEAR TERM AND TO RATIFY THE APPOINTMENTS OF CHARLES SWISHER, WENDY HAFDAHL AND NADA ZAWADNY TO THEIR FIRST FOUR YEAR TERM. THE MOTION TIED WITH A VOTE OF 3 FOR AND 3 AGAINST (SHAVER, SCHANZ AND BURGE). MAYOR MORRISETTE BROKE THE TIE. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 3 AGAINST (SHAVER, SCHANZ AND BURGE) . City Council Regular Session Minutes - 12/6/93 Page 12 . BUSINESS FROM THE CITY MANAGER 1. A Resolution Initiating project 1-857. RESOLUTION NO. 93-62 - A RESOLUTION INITIATING PROJECT 1-857: SANITARY SEWER TRUNK LINE IMPROVEMENTS AT HARLOW ROAD AND PHEASANT STREET, AND VICINITY. City Engineer Al Peroutka presented a staff report on this issue. City Surveyor Don Rogers pointed out areas, on the wall map, of the proposed project. Public Works is requesting initiation of a project for construction of the first phase of the Game Farm trunk sewer which will eventually be extended up Game Farm Road to serve the residential and industrial Gateway areas and a portion of North Springfield. Adoption of the resolution of intent to improve is the first step in the improvement process. The Council will also be asked to approve a transfer of funds to provide financing for the project (see Resolution No. 93-64). IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COuNCILOR BURGE, TO ADOPT RESOLUTION NO. 93-62. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. A Resolution Initiating Project 1-864. RESOLUTION NO. 93-63 - A RESOLUTION INITIATING PROJECT 1-864: STREET IMPROVEMENTS ON GATEWAY STREET NORTH, BELTLINE TO I-5, AND VICINITY. . City Engineer Al Peroutka presented a staff report on this issue. Public Works is requesting initiation of a project for full improvement of Gateway Street, between Beltline Road and Interstate 5 and for 400 feet of Game Farm Road east of Gateway Street. Adoption of the resolution of intent to improve is the first step in the improvement process. The Council will also be asked to approve a transfer of funds to provide financing for the project (see Resolution No. 93-64). Councilor Burge declared a possible conflict of interest. He explained that he represented Mariott Corporation and another client who is negotiating on tax lots 101 and 102 from Sycan B. Councilor Burge explained that his personal involvement would not prejudice his decision. He explained that a full street improvement made more sense than a 2/3 street improvement. a. Tim Hovet, representing Sycan B, 3405 Baldy View, spoke in support of the project. Mr. Hovet He explained that Wyane Rembold, President, Smith's Home Furnishings, was also in support of the project. Mr. Hovet explained that he had also talked with Dr. Badi'i, owner of Delta College. He explained that Dr. Badi'i, who was in the process of building, supported the project. Dr. Badi'i had requested that council make a decision tonight so that construction can occur prior to bad weather. . . . . City Council Regular Session ~hnutes - 12/6/93 Page 13 b. Henry Stalick, 1644 Victorian Way, owner of lots 4902 and 1101 also representing his son, Henry M. Stalick, owner lot number 4901, spoke in favor of the improvements, although, had concerns regarding the cost of improvements and questioned if he could afford them. He requested additional information on the improvement costs. City Manger Mike Kelly reminded Council that approval of this resolution was only authorizing the initiation process for the project. The initiation process includes project design and costs review, not approval of the project. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BEYER, TO ADOPT RESOLUTION NO. 93-63. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST AND ONE ABSTENTION (BURGE). 3. Budget Transfer Resolution. RESOLUTION NO. 93-64 - A RESOLUTION RECOGNIZING AND APPROPRIATING A SPECIAL REVENUE FUND GRANT AND RE-APPROPRIATING FUNDS IN THE GENERAL, STREET, BANCROFT REDEMPTION, TRANSIENT ROOM TAX, METRO WASTEWATER, SDC PROJECTS, DEVELOPMENT ASSESSMENTS AND DEVELOPMENT PROJECTS FUNDS. Finance Director Pat Coleman presented a staff report on this issue. The Council is requested to approve the attached budget transfer resolution that authorizes the budget adjustments described in the agenda item summary packet. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT RESOLUTION NO. 93-64. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 4. Other Business. a. City Manager Mike Kelly discussed scheduling the annual Council goal setting session. Councilor Burge had a conflict with January 15 - 22, 1994. Mr. Kelly discussed other possible dates of January 29 and 30 or February 5 and 6, 1994. Council further discussed annual goal setting and questioned if hiring a facilitator was really necessary. Council also discussed the possibility of an abbreviated goal setting session. Staff would contact Council and poll them for dates they would be available to participate in a goal setting session to be held within the next six weeks. Mr. Kelly further reaffirmed that he felt it was necessary to conduct a session once per year. Council discussed their desire to have a facilitator every other year rather than each year. . . . . ' City Council Regular Session Minutes - 12/6/93 Page 14 b. Councilor Schanz discussed the chipping program. He explained that mobile home parks were not serviced by the chipping program because the chipper was not allowed on private property. Public Works Director Dan Brown would follow-up on this request. c. City Manager Mike Kelly discussed the Livable Oregon Cities Project created to promote the visioning concept and to support communities that may benefit from using the process, Envision the Future - Become a Livable Oreqon City, to determine their preferred future. By Council consensus, a letter of intent would be drafted for the Mayor's signature. This letter would begin the application process to apply for up to $1,000 in awards (cash and/or technical assistance). BUSINESS FROM THE CITY ATTORNEY None. ADJOURNMENT THE MEETING WAS ADJOURNED AT 9:48 P.M. Minutes Recorder - Julie wilson B#~fr Mayo ATTEST. :/ J I' ' /te-. . t(,Le,~k/)().' . '~'-_ City Recorde!r #4631