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HomeMy WebLinkAbout03/07/1994 Regular 4IIt 4IIt '. \ :'._l City of Springfield Regular Council Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, MARCH 7, 1994 The city of Springfield Council met in Regular Session in the Springfield City Council Chamber, 225 Fifth Street, Springfield, Oregon, on Monday, March .7, 1994, at 7:20 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette, Councilors Beyer, Shaver, Walters, Burge and Schanz. Councilor Maine was absent (excused). Also present were City Manager Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Tim Harold, City Attorney Joe Leahy (8:00 p.m.), City Recorder Eileen Stein, Administrative Secretary Julie Wilson and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Morrisette. INVOCATION The invocation was given by Father Dan Reynolds, St. Alice Catholic Church. SPRINGFIELD UPBEAT 1. Mayor Morrisette recognized Orville Tharp, Owner of C & S Electric, for his service to the community and presented him with a plaque. 2. Mayor Morrisette displayed a t-shirt given to him by Al Johnson, land use consultant for the city of Eugene. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR SCHANZ, WITH A SECOND BY COUNCILOR BURGE, TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 1. Claims None. 2. Minutes a. February 21, 1994 - Regular Session 3. Resolutions a. RESOLUTION NO. 94-10 - A RESOLUTION OF INTENT TO CONSTRUCT WATER STREET FROM F TO G STREETS (PROJECT NO. 1-880). ~~rch 7, 1994 Page 2 4IIt 4. Ordinances None. ( 5. Other Routine Matters a. Endorsement of OLCC Liquor License for Far Man Restaurant, Located at 3111 Gateway Blvd. ITEMS REMOVED FROM THE CONSENT CALENDAR None. PUBLIC HEARINGS 1. Hospital Facility Authority Refunding and Revenue Bonds. RESOLUTION NO. 94-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SPRINGFIELD, OREGON APPROVING OF HOSPITAL REVENUE AND REFUNDING BONDS, SERIES 1994 (MCKENZIE WILLAMETTE HOSPITAL PROJECT) BY THE HOSPITAL FACILITY AUTHORITY OF THE CITY OF SPRINGFIELD, OREGON. 4IIt City Recorder Eileen Stein presented a staff report on this issue. She also, explained that although this item has been added to the agenda this evening, proper public notification of this public hearing occurred. Mr. Howard A. Rankin, Legal Counsel for the Hospital Facility Authority, Suite 1800, 222 S.W. Columbia, Portland, was available to answer questions of Council. The Hospital Facility Authority of the city of Springfield is seeking approval of a resolution approving refunding and revenue bonds, following a public hearing. Internal Revenue Code requires public approval prior to the issuance of bonds for hospital facilities. On January 18, 1994, the City Council approved Resolution No. 94-5 approving of Hospital Revenue Refunding Bonds on behalf of the Hospital Facility Authority. Following this action, the Authority has determined that additional savings and improved cash flow can be achieved by the Hospital by refunding 1989 Bonds in the amount of $2,895,000. This resolution replaces Resolution No. 94-5 for a new total refunding of $18,975,000. Notice of this hearing was published in the Springfield News on February 19, 1994. Councilor Burge stated that he was a member of the Hospital Facility Board. He also explained that when this item was brought before the Council in January, 1994, the Board estimated approximately $17 million to retire the 1977 bonds and a portion of the 1989 bonds. He further explained that the bond rates were attractive and that there was additional cash flow for the hospital and a savings if the Board expanded the issue and paid off some additional 1989 bonds. Rather than refunding $17 million, the new amount is $18,975,000, as noted above. Mayor Morrisette opened the public hearing. No one appeared to speak. . 4IIt 4IIt 4IIt ~larch 7, 1994 Page 3 Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT RESOLUTION NO. 94-11. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 2. Request for Vacation of Public Right-of-Way for S Place between Laura Street and pioneer parkway, Gary Bartel, Applicant - Jo. No. 94-01-10. ORDINANCE NO. 1 - AN ORDINANCE VACATING THAT PORTION OF S PLACE, A CUL-DE-SAC IN KING ARTHUR SUBDIVISION, A PUBLIC RIGHT-OF-WAY BETWEEN LAURA STREET AND PIONEER PARKWAY, IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON (1ST READING) . Planning Manager Greg Mott presented a staff report on this issue. This property was subdivided and street improvements completed in 1979, for the purpose of constructing duplexes. In the past 14 years very little interest has been shown in residential use of the site. During the preparation of the Gateway Refinement Plan various possible uses of the property were discussed. The final recommendation was that a mixed use zone be prepared that would allow for either commercial or light medium industrial development. The existing zoning is LMI and is therefore consistent with the refinement plan. The owner of the property would like to replat the subdivision to create six or seven larger parcels from the existing 14 lot configuration. Vacation of the right-of-way would facilitate this plan. The Planning Commission conducted a public hearing for this request on February 2, 1994. The Planning Commission voted 6 in favor and 0 opposed to the recommended approval to the City Council. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. Councilor Burge explained that he would abstain from voting on this issue because he represents Mr. Bartel. 3. Request for Vacation of Public Right-of-Way for Corporate Way Between Deadmond Ferry Road and International Way: City of Springfield, Applicant - Jo. No. 94-01-15. ORDINANCE NO. 5727 - AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY FOR CORPORATE WAY BETWEEN DEADMOND FERRY ROAD AND INTERNATIONAL WAY, AND DECLARING AN EMERGENCY. City Planner Greg Hyde presented a staff report on this issue. The City Council initiated this vacation on February 7, 1994 by adopting Resolution Number 94-6. That resolution also included a vacation of an adjacent public utility easement. However, because it is outside the city limits, the vacation of the easement must be approved by Lane County. The Development Services Department has submitted a petition to Lane County to vacate the easement. The Planning Commission held a first evidentiary hearing on the vacation on February 16, 1994. There was no testimony at that hearing, nor was any written testimony submitted. The Planning 4IIt 4IIt 4IIt rflarch 7, 1994 Page 4 Commission voted 5 to 0 (2 absent) to recommend approval of the vacation. The declaration of emergency is included in the ordinance in order to help bring the site to a development-ready condition in a timely manner. The subject right-of-way was originally created to provide access for anticipated development of the McKenzie-Gateway Special Light Industrial site. Subsequently however, the Sony Corporation of America has committed to the development of a major facility, the site of which will occupy the majority of the southern portion of the SLI site. The Sony site would be bisected by this right-of-way. Potential development sites in the remainder of the SLI site will be provided adequate access via the extension of International Way from its existing terminus at the west end of the SLI site to Deadmond Ferry Road at the east end. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR SCHANZ, WITH A SECOND BY COUNCILOR BURGE, TO ADOPT ORDINANCE NO. 5727. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 4. Amendments to the Springfield Development Code - Jo. No. 93-01-19. ORDINANCE NO. 5728 - AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE ARTICLE 3 DEVELOPMENT APPROVAL AND LAND USE DECISION PROCEDURES; ARTICLE 14 PUBLIC HEARINGS; ARTICLE 15 APPEALS; ARTICLE 16 RESIDENTIAL ZONING DISTRICTS; ARTICLE 18 COMMERCIAL ZONING DISTRICTS; AND ARTICLE 36 MANUFACTURED DWELLING STANDARDS AND DECLARING AN EMERGENCY. City Planner Gary Karp presented a staff report on this issue. The Planning Commission has reviewed these proposals at their February 16, 1994 public hearing. The Planning Commission had two areas of concern: 1) Staff proposed to amend the notice requirements from 300 feet to 100 feet as a money saving matter as previously approved by the Council. The Planning Commission strongly suggested that the 300 foot notice area remain and approach the mailed notice cost issue by raising the postage fees. If the Council decides to keep the 300 foot notice area and raise fees, staff will have to return to the Planning Commission and Council for their approval, since the notice for these amendments did not include the Development Code Fee Appendix. 2) The Planning Commission asked staff to delete a proposed amendment to the Home Occupation standards at this time and come back to them at a later date. The Planning Commission did not choose to adopt the use list proposed by staff. The proposed amendment was a housekeeping issue not mandated by the state. The amendments in the ordinance were approved by the Planning Commission by a 5 to 0 vote, with 2 absent. Mr. Karp explained that the Development Code amendments included changes to residential districts. Mr. Karp referenced an issue previously raised by Mr. Kimball regarding zoning of the Garden Apartments. Mr. Karp provided 4IIt 4IIt 4IIt March 7, 1994 Page 5 background information regarding this issue and reminded Council that this issue had been before the Council previously. Mr. Karp also referenced the proposed ordinance and recommended that Article 15, Sections 5 and 6, Appeals, be deleted from the ordinance. He explained that the City Attorney would be revising the language in this section. He explained that this issue would be brought before Council at the same time additional Code amendments were reviewed. Mr. Karp also stated that the current Development Code does not list expresso businesses as a permitted use in a Commercial District. He also explained that there have been a number of inquiries concerning this use, therefore, staff listed this use under Commercial Districts. He also explained that in relation to these amendments, there was no public notice concerning amendments to Industrial Districts for such use. Mr. Karp answered additional questions of Council. Mayor Morrisette opened the pUblic hearing. 1. Jonathan Sieqle, 540 E Street, representing the Planning Commission, expressing support to retain the current notification requirements. He also expressed the need to keep citizens informed and provide citizens with the opportunity to remain involved in city issues. He also discussed guidelines related to Home Occupation's. 2. Thomas Tinslev, 443 Riverview Blvd., representing the Planning Commission, explained that the Planning Commission, acting as the Citizen Involvement Committee, extended notification of property owners from 100 feet to 300 feet in matters that effect their property. Mr. Tinsley expressed support to retain the 300' notification policy. He also expressed the need to keep citizens informed and provided with the opportunity to be involved in city matters. He did not feel that it was financially sound or prudent to reduce the notification area. Mayor Morrisette closed the public hearing. Planning Manager Greg Mott and City Planner Gary Karp answered questions of Council. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT ORDINANCE NO. 5728, DELETING ARTICLE 15, SECTIONS 5 AND 6. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 5. Budget Transfer and Supplemental Budget Resolutions. RESOLUTION NO. 94-12 - A RESOLUTION RECOGNIZING AND APPROPRIATING DEVELOPMENT PROJECTS FUND GRANTS AND TRANSFERRING AND RE-APPROPRIATING FUNDS IN THE STREET FUND, SEWER OPERATIONS FUND, SDC PROJECTS FUND AND DEVELOPMENT FUND. RESOLUTION NO. 94-13 - A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET FOR THE CITY OF SPRINGFIELD FOR THE FISCAL YEAR 1993-94 AND MAKING APPROPRIATIONS 4IIt 4IIt 4IIt ~furch 7, 1994 Page 6 FOR THE FISCAL YEAR 1993-94 CITY BUDGET. Finance Director Bob Duey presented a staff report on this issue. Several times throughout the fiscal year the 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. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR SCHANZ, WITH A SECOND BY COUNCILOR BEYER, TO ADOPT RESOLUTION NO. 94-12. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. IT WAS MOVED BY COUNCILOR SCHANZ, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT RESOLUTION NO. 94-13. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE 1. Steve DePalma, P.O. Box 455, 1788 Cal Young Road, Eugene, requested that Council initiate street improvements for North A Street. Mr. DePalma provided detailed background information related to street improvements for 41st and North A Streets. He also discussed the current assessed value of his property. City Manager Mike Kelly provided information regarding the street improvement initiation process. City Engineer Al Peroutka also answered questions of Council regarding the Development Code. MAYOR MORRISETTE REQUESTED THAT STAFF SCHEDULE THIS ITEM FOR FURTHER REVIEW AT A FUTURE DATE. City Attorney Joe Leahy and Planning Manager Greg Mott answered additional questions of Council and explained no formal appeals were submitted to the Planning Commission. COUNCIL RESPONSE None. CORRESPONDENCE AND PETITIONS 1. Correspondence from Neale Hyatt, 740 Madison Street, Eugene, Concerning the Composition of the Metropolitan Wastewater Management Commission (MWMC) and Control of MWMC Operations by the City of Eugene. IT WAS MOVED BY COUNCILOR SCHANZ, WITH A SECOND BY COUNCILOR SHAVER, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 4IIt 4IIt 4IIt March 7, 1994 Page 7 BIDS None. ORDINANCES 1. Charter Amendment Election. ORDINANCE NO. 4 - AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF SPRINGFIELD FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SPRINGFIELD AT A SPECIAL ELECTION TO BE HELD ON TUESDAY, MAY 17, 1994, CONCURRENTLY WITH THE ELECTION TO BE HELD IN LANE COUNTY ON SAID DATE, THE FOLLOWING PROPOSED AMENDMENT TO THE CITY CHARTER TO PROVIDE FOR THE ELECTION OF THE MAYOR AND COUNCIL IN WHICH THE OUTCOME IS FINAL UPON RECEIPT OF A MAJORITY OF THE VOTES CAST, PROVIDING FOR USE OF THE SAME ELECTION BOARDS AND POLLING PLACES AND MANNER OF ELECTION FOR SAID ELECTION AS SHALL BE USED IN THE COUNTY-WIDE ELECTION, AND ALL ACTS NECESSARY FOR CARRYING ON SAID ELECTION AND DECLARING AN EMERGENCY. RESOLUTION NO. 4 - A RESOLUTION CALLING FOR A CITY CHARTER AMENDMENT ELECTION TO BE HELD ON TUESDAY, MAY 17, 1994, AND SETTING FORTH A BALLOT TITLE. City Recorder Eileen Stein presented a staff report on this issue. On February 21, 1994, the Council directed that an ordinance be prepared calling for a Charter amendment measure election on May 17, 1994. The Charter amendment would designate the May primary election as the principal election date for Mayor and City Council positions and require that a candidate be elected by a majority. If a candidate failed to be elected by a majority in May, the November general election would be reserved for a run-off election between the top two vote getting candidates. Councilor Schanz discussed the timeline associated with people running a longer campaign. He noted they would be required to file in March rather than August. He also noted that they would have to campaign from March to November and that this would be more costly. He stated that without the ward election amendment he would not vote for the ordinance. Councilor Walters commented it was hypocritical for Council members who were appointed, or not elected by a majority, to deny the voters both Charter amendments together. He said there were other Charter amendment issues discussed by the Council during goal setting and that all the amendments should be considered together, as was discussed during goal setting. He suggested waiting until Councilor Maine was present to vote on the ordinance. Otherwise, he would not vote in favor of it. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT ORDINANCE NO.4. THE MOTION FAILED BECAUSE THE VOTE OF 3 FOR AND 2 AGAINST (WALTERS AND SCHANZ) WAS NOT A TWO-THIRDS MAJORITY AS REQUIRED BY THE SPRINGFIELD CODE. City Attorney Joe Leahy indicated the ordinance would be revised to reflect a November, 1994, general election date for this Charter amendment measure and would be brought back for Council consideration and approval. 4IIt March 7, 1994 Page 8 Due to the action taken on Ordinance No.4, no action was taken on Resolution No.4. BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments. a. Museum Committee Appointment. Kathy Jensen provided the staff report on this issue. In January, 1994, a vacancy was posted for the Museum Committee for the Newsletter Editor position. This vacancy was created due to the resignation of B.K. Krewson. Applications were due on January 28, 1994, however, no applications were received. Ms. McKee applied for the position after the deadline. She is now willing to take the volunteer job and is well qualified for it. Ms. McKee has experience as editor of the Oregon Genealogical Society Ouarterlv. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BEYER, TO APPOINT JAN MCKEE TO A FOUR-YEAR TERM AS NEWSLETTER EDITOR FOR THE SPRINGFIELD MUSEUM COMMITTEE. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. BUSINESS FROM THE CITY MANAGER None. 4IIt BUSINESS FROM THE CITY ATTORNEY 1. City Attorney Joe Leahy discussed an item related to the Sony property acquisition. He indicated the Council would be asked to approve acquisition of the Shidek parcel ahead of schedule. During the original negotiations, a purchase price of $140,000 had been agreed upon. The appraisal of the property is $130,000. He reported the appraiser has indicate that $140,000 is a reasonable amount within the range of the appraisal. He stated Council is asked to approve the $140,000 purchase price plus some relocation costs which are statutorily mandated. He reported Ms. Shidek has an opportunity to purchase another house and has requested the City Attorney to bring this item to the Council's attention as soon as possible so she does not lose this opportunity. He advised the risk is that in remote event negotiations with Sony broke down, the Council would be left with this parcel. He advised that Council is being asked simply to acquire the property so that it is in the reserve of property that would be purchased by Sony. He reported the City would have right and title of removal of the building. . IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO THAT THE CITY ACQUIRE THE BARBARA SHIDEK PARCEL FOR $140,000 IN LIGHT OF CURRENT APPRAISAL AT $130,000, DATED DECEMBER 30, 1993. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 2. Library Video Purchase POlicy. 4IIt 4IIt . " l>!a.rch 7, 1994 Page 9 IT WAS MOVED BY COUNCILOR SCHANZ, WITH A SECOND BY COUNCILOR WALTERS, TO ASK THE LIBRARY NOT TO PURCHASE ANY MORE R RATED VIDEOS IN THE FUTURE. THE MOTION FAILED WITH A VOTE OF 2 FOR AND 3 AGAINST (SHAVER, BEYER AND BURGE) . ADJOURNMENT THE MEETING WAS ADJOURNED AT 9:50 P.M. Minutes Recorder - Julie Wilson ATTEST: ~~ City Recorder