HomeMy WebLinkAbout04/04/1994 Regular
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City of Springfield
Regular Council Meeting
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY, APRIL 4, 1994
The city of Springfield Council met in Regular Session in the Springfield City
Council Chamber, 225 Fifth Street, Springfield, Oregon, on Monday, April 4,
1994, at 7:04 p.m., with Mayor Morrisette presiding.
ATTENDANCE
Present were Mayor Morrisette, Councilors Beyer, Shaver, Walters, Burge, and
Schanz. Also present were City Manager Michael Kelly, Assistant City Manager
Gino Grimaldi, City Attorney Tim Harold, City Recorder Eileen Stein, and
members of the staff.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Morrisette.
INVOCATION
Jody Hardenbrook, Thurston Church of Christ was not able to perform the
invocation due to personal reasons.
SPRINGFIELD UPBEAT
1. City Manager Mike Kelly recognized Greg Ferschweiler, Public Works
Department, for 10 years of service to the city of Springfield.
2. Mayor Morrisette read a proclamation declaring April 4 - 10, 1994 as Arbor
Week and announced upcoming activities.
3. Mayor Morrisette presented Jack Gishel with a Stakeholders plaque and
recognized him for his years of service to the community of Springfield.
4. Mayor Morrisette presented Springfield Middle School w~th a Stakeholders
plaque and recognized the children in the audience for their community
service learning project.
5. Councilor Shaver apologized to Communications Manager Mike Moskovitz for a
recent April Fool's incident and presented him with a Springfield Spiders
t-shirt.
CONSENT CALENDAR
IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BURGE, TO ADOPT
THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST.
1. Minutes
a. March 14, 1994 - Work Session
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b. March 14, 1994 - Special Meeting
2.
Resolutions
a. RESOLUTION NO. 94-16 - A RESOLUTION TO ACCEPT PROJECT 1-803: TRAFFIC
SIGNAL RECONSTRUCTION, 14TH STREET AND G STREET, FROM CHERRY CITY
ELECTRIC, INC., IN THE AMOUNT OF $41,110.45.
b. RESOLUTION NO. 94-17 - A RESOLUTION TO ACCEPT PROJECT 1-806: SANITARY
SEWER REPLACEMENT, KELLY BUTTE AREA, RIVER VIEW STREET, CITY VIEW
STREET, AND VICINITY, FROM GELCO SERVICES, INC., IN THE AMOUNT OF
$111,613.70.
c. RESOLUTION NO. 94-18 - A RESOLUTION TO ACCEPT PROJECT 1-847: ASTER
STREET IMPROVEMENTS, BETWEEN 58TH AND 59TH STREETS, FROM DELTA
CONSTRUCTION CO., IN THE AMOUNT OF $27,577.77.
d. RESOLUTION NO. 94-19 A RESOLUTION TO ACCEPT PERMIT PROJECT 3-861:
STORM SEWER IMPROVEMENTS, WEST OF CLOVERDALE APARTMENTS ON OAKDALE
STREET.
e. RESOLUTION NO. 94-20 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-743:
SYCAN B STORM SEWER IMPROVEMENTS, PHASE II, GAME FARM ROAD EAST TO
COLONIAL DRIVE.
f. RESOLUTION NO. 94-21 - A RESOLUTION TO ADOPT THE POLICY GUIDELINES FOR
THE CITY OF SPRINGFIELD'S HOUSING REHABILITATION PROGRAMS.
3. Other Routine Matters
a. Acceptance of the 1992-93 Comprehensive Annual Financial Report and
Management Letter.
b. Approval of Liquor License Endorsement for the Renewal Period of
1994-95.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARINGS
1. Public Hearing for Oregon Special Public Works Application Fund (OSPWF) for
Funds to Build Infrastructure for Sony Development.
Community and Economic Development Manager John Tamulonis presented the
staff report on this issue. State statute requires that a public hearing
be held for final applications for Special Public Work funds. The city has
already submitted a pre-application. A final application is being prepared
and will be forwarded to the City Council for approval before forwarding to
the Oregon Economic Development Department. This public hearing is a
requirement of the final application.
The city of Springfield is requesting approximately $1,059,655 from the
OSPWF to construct infrastructure to serve the Sony development. The city
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is eligible for a partial grant from this funding source in an amount not
to exceed 50% of the funds requested. The balance would be a loan. The
source of the loan repayment is proposed to be from the Systems Development
Charge Fund (Sanitary Sewer & Storm Sewer, and FRS accounts). The final
costs will be determined as the construction is finalized. The final
application will be brought back to City Council for approval in the next
few weeks. This infrastructure, coupled with the infrastructure package
needed to serve the Quality Bowling development, will fully serve not only
the 250 acres in the McKenzie-Gateway SLI, but also the entire Gateway
area.
Mayor Morrisette opened the public hearing. No one appeared to speak.
Mayor Morrisette closed the public hearing.
2. Public Hearing for Oregon Special Public Works Application Fund (OSPWF) for
Funds to Build Infrastructure for Quality Bowling Development.
John Tamulonis presented the staff report on this issue. State statute
requires that a public hearing be held for final applications for Special
Public Work funds. The city has already submitted a pre-application. A
final application is being prepared and will be forwarded to the City
Council for approval before forwarding to the Oregon Economic Development
Department. This public hearing is a requirement of the final application.
The city of Springfield is requesting approximately $534,400 from the OSPWF
to construct infrastructure to serve the Quality Bowling development. The
city is eligible for a partial grant from this funding source in an amount
not to exceed 50% of the funds requested. The balance would be a loan.
The source of the loan repayment is proposed to be from the Systems
Development Charge Fund (Sanitary Sewer & Storm Sewer, and FRS accounts)
The final costs will be determined as the construction is finalized. The
final application will be bought back to City Council for approval in the
next few weeks. This infrastructure, coupled with the infrastructure
package needed to serve the Sony development, will fully serve not only the
250 acres in the McKenzie Gateway SLI, but also the entire Gateway area.
Councilor Shaver commented that the information for public hearing numbers
1 and 2 looked similar and questioned what the differences were. Mr.
Tamulonis explained that there were substantial differences. He also
explained that the major differences are in the sewer and water
construction.
Councilor Burge asked whether in the event Quality Bowling does not need
the entire property, whether they can lease or put up spec buildings for
lease to others. City Manager Mike Kelly explained that City Attorney Joe
Leahy was the author of the agreement with regard to details on site use.
But, Mr. Kelly felt there was no reason to believe that Quality Bowling
would build a spec building and lease it out beyond one year.
Mayor Morrisette opened the public hearing. No one appeared to speak.
Mayor Morrisette closed the public hearing.
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BUSINESS FROM THE AUDIENCE
None.
COUNCIL RESPONSE
None.
CORRESPONDENCE AND PETITIONS
1. Correspondence From Mary Lee Brady, 37146 Goats Road, Expressing Support
For Parental Control of Material Checked-out from the Springfield Library.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO
ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 5 FOR
AND 0 AGAINST.
2. Correspondence from Judy Frazier, 1055 Long Ridge Drive, Springfield,
Requesting a Zone Change From Light Industrial to Commercial, at 1792 North
42nd Street.
Council was provided with a copy of the response letter sent by staff to
Ms. Frazier.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO
ACCEPT AND FILE THE CORRESPONDENCE AND ACKNOWLEDGE THE CORRESPONDENCE FROM
STAFF TO MS. FRAZIER. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0
AGAINST.
BIDS
1. Award of Bid for Recodification of the Springfield Municipal Code 1965, to
the League of Oregon Cities, in the Amount of $22,604.
City Recorder Eileen Stein presented a staff report on this issue. After
an extensive review of five proposals, the League of Oregon Cities is
recommended for bid award for the recodification of the Springfield
Municipal Code 1965.
The recodification of the Springfield Code has been a long-standing
priority for staff and the City Council. Funding for the project was
originally approved in FY 90-91, supplemented in FY 91-92, and has been
carried forward each fiscal year. During the City Council's 1993 goal
setting session, restructuring the city'S legal framework (Charter and
Code) was included as a moderate priority goal. The Council has committed
to reviewing the draft Charter prepared by the 1989 Charter Review
Committee. This recodification project is the other part of the 1993 goal
statement.
Ms. Stein explained that once staff reviewed the five proposals from
various publishing companies, the list was narrowed to two finalists, the
League of Oregon Cities and Book Publishing Company. Both had extensively
more experience with Oregon cities and Oregon law. Book Publishing
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Company's proposal of $13,870 was significantly less than the League's
proposal of $22,604. Ms. Stein explained that through research and
reference checks, it was found that the two companies have different
approaches to the project, resulting in total project costs which are more
comparable. Ms Stein explained the differences in approach, legal analysis
and drafting of the Code. Ms. Stein also stated the project would be
complete in approximately 15 - 21 months.
City Attorney Tim Harold supported awarding the bid to the League of Oregon
Cities. He explained that he was a member of the Proposal Review Committee
and felt the League of Oregon Cities had a more logical approach to
bringing chapter-by-chapter drafts to Council for review and stated this
was a good process. He stated he felt the League of Oregon Cities had the
most expertise in the area of Oregon law. He clarified that he was not
saying that other companies would not be familiar with Oregon law.
Initial funding ($15,000) for this project is available in the City
Manager's Office budget for the current fiscal year. The remainder of the
project will be incorporated into the City Manager's Office base budget for
FY '94/95.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO
AWARD THE BID FOR RECODIFICATION OF THE SPRINGFIELD MUNICIPAL CODE 1965 TO
THE LEAGUE OF OREGON CITIES IN THE AMOUNT OF $22,604. THE MOTION PASSED
WITH A VOTE OF 5 FOR AND 0 AGAINST.
2.
Council discussed the voting display board.
that following his call for voting, that the
prior to displaying the votes.
Mayor Morrisette requested
recorder pause 10 seconds
ORDINANCES
1. Human Rights Commission Ordinance Amendment.
Ordinance No. 1 received a first reading by title only.
Assistant City Manager Gino Grimaldi presented a staff report on this
issue. At its meeting of February 21, 1994, the City Council approved the
bylaws of the Human Rights Commission. That action reduced the membership
of the Commission from 15 members to 11 members. The proposed ordinance
will amend the City Code to reflect the changes in membership.
ORDINANCE NO. 1 - AN ORDINANCE AMENDING THE SPRINGFIELD HUMAN RIGHTS
ORDINANCE TO REDUCE THE NUMBER OF MEMBERS OF THE HUMAN RIGHTS COMMISSION
FROM 15 TO 11 AND PROVIDING FOR 9 ADULT AND 2 STUDENT MEMBERS OF THE HUMAN
RIGHTS COMMISSION, SECTION 7-10-1 OF THE SPRINGFIELD CODE, 1965 (1ST
READING) .
2. Charter Amendment Election.
Ordinance No. 2 and Resolution No. 7 received a first reading by title
only.
City Recorder Eileen Stein presented a staff report on this issue. On
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March 7, 1994, the Council considered an ordinance and resolution calling
for a Charter amendment election on May 17, 1994. The ordinance failed to
receive a two-thirds majority vote required for ordinances containing
emergency clauses. Staff was directed to revise the ordinance and
resolution to target the November 8 General Election.
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 majority in May, the November general election would be reserved
for a run-off election between the top two vote getting candidates.
ORDINANCE NO. 2 - 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, NOVEMBER 8, 1994,
CONCURRENTLY WITH THE GENERAL 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 (1ST READING) .
RESOLUTION NO. 7 - A RESOLUTION CALLING FOR A CITY CHARTER AMENDMENT
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 1994, AND SETTING FORTH A
BALLOT TITLE.
Councilor Walters stated he would like ward elections added to the
amendment.
BUSINESS FROM THE CITY COUNCIL
1. Recognition of Communications Manager Mike Moskovitz.
a. Mayor Morrisette called Council's attention to the plaque display in
the Council Chamber Room and recognized Communications Manager Mike
Moskovitz for his efforts related to the project.
b. Councilor Walters acknowledged Mr. Moskovitz for his participation
with the Talgo Train event.
2. Committee Appointments.
a. Human Rights Commission.
The Human Rights Commission has three vacancies due to term
expirations of Darrell Neet, Loretta Neet, Janette Scales, Gregorio
Ybarra, and the resignations of Kathryn Luckey whose term expires
January 1, 1996, Joseph Allison whose term expired January 1, 1994,
one vacant position not filled previously and a position open for a
Springfield High School student, due to the graduation of Jamie
Valdez. Human Rights Commission by-laws state members must reside
within the city's Urban Growth Boundary (UGB). Due to changes in the
by-laws of the Human Rights Commission, only three of the above
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positions will be filled.
The Council has interviewed and reviewed the applications of ten
candidates at work sessions on January 31, February 14, and March 28,
1994.
All three positions will have term expiration dates of 1/1/98.
IT WAS MOVED BY COUNCILOR WALTERS, WITH A SECOND BY COUNCILOR
SCHANZ, TO APPOINT JOHN MARTIN JONES, DARRELL NEET AND DOROTHY ISABELL
TO THE HUMAN RIGHTS COMMISSION.
There was no vote taken on the motion.
IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BURGE, TO
APPOINT DARRELL NEET, DOROTHY ISABELL AND SHANNON MURPHY TO THE HUMAN
RIGHTS COMMISSION.
There was no vote taken on the motion.
Council discussed the applicants and a process for selecting
appointees.
BY COUNCIL CONSENSUS, DOROTHY ISABELL WAS APPOINTED TO THE HUMAN
RIGHTS COMMISSION.
COUNCIL VOTED BY BALLOT FOR SHANNON MURPHY. MS. MURPHY WAS APPOINTED
BY A VOTE OF 3 FOR AND 2 AGAINST (SCHANZ AND WALTERS) .
COUNCIL VOTED BY BALLOT FOR DARRELL NEET. MR. NEET WAS APPOINTED BY A
VOTE OF 3 FOR AND 2 AGAINST (BURGE AND BEYER) .
IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR
BURGE, TO APPOINT DOROTHY ISABELL, SHANNON MURPHY AND DARRELL NEET TO
THE HUMAN RIGHTS COMMISSION, WITH ALL THREE POSITIONS HAVING A TERM
EXPIRATION DATE OF 1/1/98. THE MOTION PASSED WITH A VOTE OF 5 FOR AND
o AGAINST.
2. Other Business.
a. Council President.
IT WAS MOVED BY COUNCILOR WALTERS, WITH A SECOND BY COUNCILOR SCHANZ,
TO POSTPONE VOTING FOR COUNCIL PRESIDENT UNTIL 5/2/94. THE MOTION
FAILED WITH A VOTE OF 2 FOR AND 3 AGAINST (BURGE, SHAVER AND BEYER) .
IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR
BEYER, TO APPOINT COUNCILOR BURGE AS COUNCIL PRESIDENT. THE MOTION
PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST.
BUSINESS FROM THE CITY MANAGER
1. Clarification of Intent of Citizen Request for Variance.
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City Recorder Eileen Stein presented a staff report on this issue. Staff
is requesting clarification of the Council's intent with regard to a
previous request made to the City Council by Mr. Keith Evans.
At the January 18, 1994, Regular Meeting, the Council received
correspondence from Mr. Keith Evans, 1286 South 59th Street, requesting a
variance for a lightweight portable cover for his motor home. The cover is
installed over a city drainage and sewer easement on Mr. Evans' property.
Mr. Evans has indicated he would be willing to take down the covering
whenever city staff needed access to the easement. The Council requested
additional information from staff regarding the request which appeared in
the January 26, 1994, Communication Packet. The memo recommended against
the variance and cautioned that granting it would create a situation where
easements throughout the city would begin to be filled by all sorts of
"temporary" structures, making access, installation and maintenance of city
utilities more difficult and expensive.
Because staff did not receive any further direction from the Council
regarding this matter, building code enforcement action was initiated.
Last week a warning citation was issued to Mr. Evans. In response, he has
requested clear direction from the City Council regarding their intent with
regard to his initial request.
Councilor Burge discussed the easement dimension and location.
Building Official Dave Puent discussed structure, setback and easement
issues.
Councilor Shaver expressed concern and stated that if temporary
were allowed in easements then a city-wide problem would occur.
suggested a bond to allow anyone to build in easements.
structures
He
City Manager Mike Kelly clarified State Building Code issues and Mr. Puent
passed out photos of structures prohibited by the State Building Code.
Mr. Evans discussed construction of the temporary structure to cover his
motor home and passed out photos. He requested a variance to retain the
structure.
Council further discussed this issue.
COUNCIL AGREED TO UPHOLD STAFF'S DECISION TO DENY THE REQUEST. COUNCIL
FURTHER INSTRUCTED THE BUILDING DIVISION STAFF TO WORK WITH MR. EVANS ON
ALTERNATIVE COVERINGS FOR HIS MOTOR HOME.
BUSINESS FROM THE CITY ATTORNEY
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None.
ADJOURNMENT
AT 8:30 P.M., THE MEETING WAS CONTINUED TO 4/11/94, 7:00 P.M. COUNCILOR BURGE
WILL PRESIDE AT THE 4/11 MEETING.
Minutes Typed by Julie Wilson
ATTEST:
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Ci ty Recorder