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HomeMy WebLinkAbout06/06/1994 Regular 4IIt 4IIt . City of Springfield Regular Council Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, JUNE 6, 1994 The city of Springfield Council met in Regular Session in the Springfield City Council Chamber, 225 Fifth Street, Springfield, Oregon, on Monday, June 6, 1994, at 7:00 p.m., with Council President Stu Burge presiding. ATTENDANCE Present were Council President Burge, Councilors Beyer, Shaver, Walters, Maine, and Schanz. Mayor Morrisette was absent (excused). Also present were City Manager Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy, 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 Chet Raube, Emanuel Baptist Church. SPRINGFIELD UPBEAT 1. City Manager Mike Kelly recognized Brian Conlon, Public Works, for 15 years of service to the city of Springfield. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT THE CONSENT CALENDAR WITH ITEM l(D) REMOVED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Minutes a. May 2, 1994 - Regular Session b. May 9, 1994 - Work Session c. May 16, 1994 - Work Session 2. Resolutions a. RESOLUTION NO. 94-26 - A RESOLUTION AMENDING THE SCHEDULE OF CHARGES FOR DOG CONTROL SERVICES. b. RESOLUTION NO. 94-27 - A RESOLUTION INITIATING PROJECT NO. 1-817, PAVING, RAILROAD CROSSING, TRAFFIC CONTROL, SIDEWALKS, STREET LIGHTING, STREET TREES, AND STORM DRAINAGE IMPROVEMENTS ALONG OLYMPIC STREET FROM 28TH TO 42ND STREETS AND VICINITY. 4IIt . . Regular Council Meeting June 6, 1994 Page 2 c. RESOLUTION NO. 94-28 - A RESOLUTION TO ACCEPT PROJECT 1-811 FROM LANTZ ELECTRIC, INC., IN THE AMOUNT OF $74,645.40 3. Other Routine Matters a. Approval for Acquisition of Property Located at 213 South 52nd Place and Authorization for the City Manager to Execute the Deed of Dedication. b. Award Bid for Project 1-870, Gateway Street at Gateway Loop Traffic Signal, to Lantz Electric, Inc., in the Amount of $85,881.10. c. Award Bid to Hughes Fire and Equipment, Inc., in the Amount of $114,461 for a New Type I Module Ambulance. d. Endorsement of OLCC Liquor License for Gateway Restaurant, Located at 3198 Gateway Street. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. Minutes d. May 16, 1994 - Regular Session Councilor Maine noted that she was in attendance at the May 16, 1994 meeting and that the minutes did not reflect her as being present. The minutes were approved as amended. PUBLIC HEARINGS 1. Public Hearing on Proposed Ordinance Setting New User Rates for Regional and Local Sanitary Sewers and Local Storm Sewers. ORDINANCE NO. 5741 - AN ORDINANCE CONCERNING SEWER AND DRAINAGE CHARGES INCLUDING RATES AND AMENDING SECTION 3-3-3 OF THE SPRINGFIELD CODE 1965 AND DECLARING AN EMERGENCY. Environmental Programs Manager Gary Colwell presented the staff report on this issue. Current user fees for regional and local sanitary and local storm sewers were adopted by the Council on May 17, 1993. Due to increases in the operating costs of both the local and regional systems and necessary local capital costs, a new schedule of local and regional fees for the next year needs to be in effect by July 1, 1994. Therefore, an emergency clause has been incorporated into the ordinance. Councilor Burge opened the public hearing. No one appeared to speak. Councilor Burge closed the public hearing. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT ORDINANCE NO. 5741. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Public Hearing for Project No. 1-836, Improvements on 13th Street, Centennial Boulevard to L Street, and Vicinity. Regular Council Meeting June 6, 1994 Page 3 . ORDINANCE NO. 5742 - AN ORDINANCE ADOPTING THE REPORT OF THE CITY ENGINEER FOR THE INSTALLATION OF PAVING; SIDEWALKS, CURBS AND GUTTERS, STREET TREES~ STORM DRAINAGE, AND STREET LIGHTING IMPROVEMENTS ON 13TH STREET, CENTENNIAi BOULEVARD TO L STREET, AND VICINITY (1-836), AND DECLARING AN EMERGENCY. City Engineer Al Peroutka presented the staff report on this issue. This project was initiated by Council on May 3, 1993, in response to a letter submitted by Mr. and Mrs. Rose, owners of Tax Lot 7900. This request, considered along with the Improvement Agreement on the adjoining property, constituted 50 percent support for the project. At a neighborhood meeting on May 12, 1994, the proposed construction was presented to the affected property owners. Mr. Hiatt, owner of Tax Lot 11800, had signed an Improvement Agreement (an agreement not to oppose 13th Street improvement) dated April 26, 1972; however, he said he is against the project in a letter sent to the neighborhood meeting. All the property owners (two lots) on the east side of 13th Street said, at the neighborhood meeting, that they are against the paving project due to the amount of cost and the potential increase in traffic due to the proposed improvement. The owners have until award of contract to submit a remonstrance petition to cancel the project. . The primary concerns expressed by the property owners at the neighborhood meeting were who was for or against the project and the amount of the assessment. It should be noted that the assessment for the project will be subsidized and guaranteed in accordance with the policy adopted by Council on June 4, 1990,regarding use of Street Funds for an income-based subsidy program. The Street funds and Lane County Unpaved Road funds being used for this project are a carry-over of funds budgeted in 1993/94 for this subsidy purpose. This project, and the 10th Street project, will be the last projects to use this subsidy program. If Council adopts the report of the City Engineer, bids for the construction work will be solicited and, then, request for award of contract will be presented to Council. The ordinance is presented with the emergency clause because it will accelerate the schedule for award of contract, approximately 40 days, and allow project construction during the prime summer construction season. Councilor Burge opened the public hearing. 1. Sharron L. Laurie, 1256 North 7th Street, spoke in support of the proposed street improvements. 2. Lvnda Rose, 1271 L Street, spoke in support of the proposed street improvements. 3. Rick Rose, 1271 L Street, spoke in support of the proposed street improvements. 4. Chris Matson, 1863 Pioneer Parkway, #218, representing his parents, Don and Linda Matson, spoke in opposition of the proposed street improvements and requested that this project be delayed. He felt that . . . . Regular Council Meeting June 6, 1994 Page 4 there was a lack of proper notification to property owners. 5. Linda Matson, 1307 L Street, spoke regarding safety issues and requested that this project be delayed and that a traffic count be conducted. 6. Werner Hiatt, 1218 North 13th street, spoke in opposition of the proposed street improvements. 7. Council was provided with a correspondence from Shirley Gray, 1306 Centennial Boulevard, in opposition of the proposed project. Councilor Burge closed the public hearing. Councilor Walters felt that this ordinance should receive a second reading for further review and discussion due to the testimony received regarding this project. City Manager Mike Kelly answered questions raised by Councilor Beyer and discussed the process for initiating projects. Councilor Shaver supported street improvements and shared the benefits he has received from street improvements in his neighborhood. Councilor Shaver stated that he did not mind addressing this issue in two weeks, to allow for review of being able to go around the trees. IT WAS MOVED BY COUNCILOR WALTERS, WITH A SECOND BY COUNCILOR SCHANZ, TO REMOVE THE EMERGENCY CLAUSES, CONSIDER THIS AS A FIRST READING AND DELAY ACTION UNTIL COUNCIL HAS THE OPPORTUNITY TO CONDUCT A SECOND READING AND RECEIVE ADDITIONAL TESTIMONY. THE MOTION FAILED WITH A TIE VOTE OF 3 FOR AND 3 AGAINST (BURGE, BEYER AND MAINE) . IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BURGE, TO GO FORWARD WITH THE PROJECT, UNDER THE CONDITION THAT STAFF WORK WITH MR. HIATT AND, IF IT IS POSSIBLE, REPOSITION THE SIDEWALK OR CURB TO ACCOMMODATE MR. HIATT'S TREES IF REASONABLY POSSIBLE. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 2 AGAINST (WALTERS AND SCHANZ) . 3. Public Hearing for Project No. 1-814, Improvements on North 10th Street, Between M Street and N Street, and Vicinity. ORDINANCE NO. 5743 - AN ORDINANCE ADOPTING THE REPORT OF THE CITY ENGINEER FOR THE INSTALLATION OF PAVING, SIDEWALK, CURBS AND GUTTERS, STREET TREES, STORM DRAINAGE, AND STREET LIGHTING IMPROVEMENTS ON NORTH 10TH STREET, BETWEEN M STREET AND N STREET, AND VICINITY (1-814), AND DECLARING AN EMERGENCY. City Engineer Al Peroutka presented the staff report on this issue. This project was initiated by Council on November 16, 1992. A neighborhood meeting was held on May 17, 1994, with property owners of one lot attending. The owner, Mr. Willis, expressed a concern that the street was too narrow and his truck may have problems turning into his driveway. Mr. Willis' concerns have been discussed and he will have adequate space to turn into and to park in his driveway. Kenneth Long came into the Public . . . Regular Council Meeting June 6, 1994 Page 5 Works reception counter and said "If it's (project) good for the city, it's good for me;" and Lori McTavish is in favor of the project and sidewalk. The adjacent houses are close to the existing narrow (26.6 to 29.1 foot wide street) right-of-way. Therefore, a narrow 20 foot wide pavement with one four foot wide sidewalk located on the west side of the street is proposed for construction. It should be noted that the assessments for the project will be subsidized and guaranteed in accordance with the policy adopted by Council on June 4, 1990, regarding use of Street Funds for an income based subsidy program. The street funds and sewer funds being used for this project are a carry-over of funds budgeted in 1993-94 for this subsidy purpose. This project, and the 13th Street project, will be the last projects to use this subsidy program. The ordinance is presented with an emergency clause because it will accelerate the schedule for award of contract, approximately 40 days, and allow project construction during the prime summer construction season. Councilor Burge opened the public hearing. 1. Joe Willis, 1441/1443 North 10th, spoke in support of the project but expressed opposition to the improvement only being 20 feet wide. He suggested that a 4 foot sidewalk be added and eliminate street parking. Councilor Burge closed the public hearing. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR WALTERS, TO ADOPT ORDINANCE NO. 5743. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 4. Public Hearing for Project No. 1-817, Paving, Railroad Crossing, Traffic Signal, Sidewalks, Street Lighting, Street Trees, and Storm Drainage Improvements along Olympic Street from 28th to 42nd Streets and Vicinity. ORDINANCE NO. 5744 - AN ORDINANCE ADOPTING THE REPORT OF THE CITY ENGINEER FOR THE INSTALLATION OF STREET, DRAINAGE, SIGNAL, AND RAILROAD CROSSING IMPROVEMENTS ALONG OLYMPIC STREET FROM 28TH TO 42ND STREETS AND VICINITY (1-817) AND DECLARING AND EMERGENCY. City Engineer Al Peroutka presented the staff report on this issue. The proposed street construction will serve the adjoining residential and industrial properties along Olympic Street. The development in this area is being adversely impacted by the poor condition of the road. This project is identified in TransPlan as a short range phase project to improve access and enhance economic development. The benefited property owners along the project are favorable towards the project. The realignment at 42nd Street and the sidewalks will improve public safety. The ordinance is presented with the emergency clause because it will accelerate the schedule for award of contract, approximately 40 days, and allow project construction during the prime summer construction season. Regular Council Meeting June 6, 1994 Page 6 . This project is included in the FY 1993-94 capital budget. The assessment cost is being spread equally on a square foot basis to industrial properties which have frontage on Olympic Street and to those which use Olympic Street as their sole access. The assessment procedure is consistent with signed Olympic Street Improvement Agreements in the Southern Pacific Industrial Park. Street Funds, System Development Funds, and Lane County Assistance Road Funds will be used in this project to lower assessments. Councilor Burge opened the public hearing. 1. Marshall Dannen, 4131 E Street, spoke in support of the project. Mr. Dannen discussed the area between Kathryn Street east to 42nd Street. Mr. Dannen explained that he would be responsible for 635 feet on each side of the street. Mr. Dannen explained that the annual cost for maintenance of the planting strip would be approximately $3,600. He explained that the proposed planting strip would be approximately 5 feet. He stated that if the sidewalks were set right next to the curb, the planting area would be more spacious, approximately 9-10 feet. 2. Don Duqdale, 3400 Olympic Street, and 3385 Olympic Street, spoke in support of the project. He discussed safety and enhancement resulting from the improvements. Mr. Dugdale recommended that Council create a policy that would exempt property owners that are residential owners and occupied property from participating in the improvement costs. He also suggested that Council include a time period that would be covered by this policy. He recommended that if the exempt property owners sold their property within 10 years, they should be required to participate in the improvement costs. .. 3. Lvnda Raybould, 1125 North 58th Street, #73, spoke in support of the proposed project. Ms. Raybould discussed the need to support existing businesses in Springfield. She discussed the Olympic Street industrial park business owners. Ms. Raybould stated that the businesses employed over 350 people. She also suggested that Council find a way to assist business owners with the assessment cost for improvements. She also questioned if programs existed for existing businesses, as compared to the benefits given to new employers locating in any industrial park. 4. Stan Pulliam, 1620 North 32nd Street, spoke in support of the improvements. Mr. Pulliam also stated that he assume that he not have the planting strip separate and that there would be three areas to edge rather than one. He also questioned if the the railroad track could be lowered. City Engineer Mr. Peroutka discussed the lowering of the railroad track. He explained that staff has proposed, through the Public Utility Commission, that the track be lowered. He explained that the Public Utility Commission has not responded. Mr. Peroutka discussed the standards for setback sidewalks. . . . . Regular Council Meeting June 6, 1994 Page 7 Councilor Burge stated that he would like the sidewalk adjacent to the curb. He felt that there would be little pedestrian use of the sidewalks, buffered by a 5 foot bicycle lane. He also expressed concern regarding the fact that property owners who front on Olympic Street, that are zoned Industrial, are exempted from assessment charges. He felt this was inappropriate. City Engineer Al Peroutka provided background and history regarding this project. He explained that the project was remonstrated 15-20 years ago. At that time, the residential property owners did not feel this was to their benefit, therefore, the project was stopped. The city requested $1 million funding from Lane County for additional funding for the project. The project was presented as an industrial economic benefit. Councilor Burge closed the public hearing. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR WALTERS, TO ADOPT ORDINANCE NO. 5744. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. Councilor Schanz questioned if it was appropriate for Councilor Burge to be able to make motions as the acting chair. City Recorder Eileen Stein responded by reading from Section III (9.4) of the Council Operating Policies and Procedures which states that the presiding officer can make motions while acting as the presiding officer. BUSINESS FROM THE AUDIENCE 1. Steve Moe, PO Box 847, stated that last year he presented Council with a petition Sponsored by the Glenwood Community Organization. He explained that that petition was a request by citizens, landowners and businesses of Glenwood requesting that Glenwood become part of the Springfield Urban Growth Boundary (UGB). The petition was signed by 504 individuals. He requested that Council aggressively address this issue. City Manager Mike Kelly explained that a joint meeting between the Council and Planning Commission was scheduled for June 27, 1994, in which annexation issues would be discussed. 2. Stanley Lynch, 2400 G Street, spoke regarding city regulations allowing only one licensed vehicle to be stored on property in an enclosed area. 3. Don Edwards, 1133 Water Street, spoke in support of licensing for cats. 4. Bill Eikenberry, 2625 E Street, stated that he felt cat owners should be dealt with on a nuisance basis, the same as dog control, and in support of licensing for cats. 5. Shirley Gauthier, 538 West M Street, spoke regarding the disposition of firearms. She felt that certain people should not participate in decision and policy making if they had a conflict of interest. COUNCIL RESPONSE . . . Regular Council Meeting June 6, 1994 Page 8 CORRESPONDENCE AND PETITIONS 1. Correspondence from Sandra Rennie, 6222 Thurston Road, Expressing Support for the City Hall Sculpture and the Springfield Arts Commission. 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 M. Dennis Morgan, 1895 N. 15th Street, Regarding Back Yard Burning Requirements. 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. BIDS ORDINANCES 1. Civil Enforcement of Code Infractions. ORDINANCE NO.5 - AN ORDINANCE AMENDING CHAPTER 5-15-3 AND 5-15-4, CIVIL ENFORCEMENT OF CODE INFRACTIONS, OF THE SPRINGFIELD CITY CODE (FIRST READING) . Ordinance No. 5 received a first reading by title only. Code Enforcement Officer Jackie Murdoch presented the staff report on this issue. Changes are proposed to the Civil Enforcement of Code Infractions Section of the Springfield Municipal Code 1965 which will increase efficiency and reduc~ costs in the Code Enforcement program. As discussed by the City Council at their May 23, 1994 work session, three changes are being made to this ordinance. 1. All of Chapter VIII Business will now be covered by the Civil Enforcement of Code Infractions. 2. The requirement for first notice to be sent by certified mail is eliminated. 3. Additional notification is not required for successive violations. Elimination of certified mail for the first notice will save approximately $5,000 in postage and clerical costs. The other changes will reduce time required by the city to achieve compliance. 2. Proposed Ordinance Providing for Disposition of Unclaimed Guns. ORDINANCE NO. 6 - ORDINANCE PROVIDING FOR DISPOSITION OF UNCLAIMED GuNS, ADDING SECTION 1-6-6, AMENDING SECTION 1-6-3, 1-6-5, 1-6-6, AND RENUMBERING SECTIONS 1-6-6 THROUGH 1-6-11 OF THE SPRINGFIELD CODE 1965 (FIRST READING) Ordinance No. 6 received a first reading by title only. . . . Regular Council Meeting June 6, 1994 Page 9 Chief of Police Bill DeForrest presented the staff report on this issue. The City Council has requested the City Code be amended to delete the present requirement to dispose of unclaimed guns by public auction by restricting their sale or trade to licensed firearms dealers or, in the alternative, after Council approval, by destruction. This issue has been under consideration by the City Council since October 25, 1993. On April 18, 1993, Council directed the Police Department to .proceed with drafting amendments to the City Code that would eliminate the present requirement to dispose of "unclaimed weapons" in possession of the Police Department by public auction to allow for restricted sale or trade of these weapons to licensed firearms dealers. On May 16, 1994, the Council provided further direction to amend the ordinance to provide for destruction of unclaimed weapons, after Council approval, as an alternative to their sale or trade. At present, the Department has a total of 59 "unclaimed weapons," with an estimated value of $7,375. The proceed of sale or trade of these weapons would be used to offset Police Department costs for duty firearms and/or ammunition. Councilor Burge stated that if any Council member was a licensed gun dealer or planned to bid on these weapons, that they should declare a conflict of interest. Councilor Beyer reminded Council that there was still a liability issue at hand. BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Appointment of an Additional Springfield Chamber of Commerce Nominee to the Southern willamette Private Industry Council. THIS ITEM WAS REMOVED FROM THE AGENDA. BUSINESS FROM THE CITY MANAGER 1. Endorsement of OLCC Liquor License for Houlahan's, Located at 1444 Main Street. Building Official Dave Puent presented the staff report on this issue. At its May 16, 1994 meeting, Council discussed the request from the new owners of Houlahan's to endorse their OLCC Liquor License application. Council directed staff to provide additional information related to police activity at the establishment. As indicated, Houlahan's received no greater amount of police activity than other comparable liquor dispensing establishments. Councilor Walters stated that he was satisfied that Houlahan's has been a responsible business citizen of Springfield. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR BEYER, TO Regular Council Meeting June 6, 1994 Page 10 ENDORSE THE OLCC LIQUOR LICENSE FOR HOULAHAN'S, LOCATED AT 1444 MAIN STREET. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . 2. Ratification of the Metropolitan Wastewater Management Commission (MWMC) Fiscal Year 1994-95 Budget. City Manager Mike Kelly presented the staff report on this issue. On April 21, 1994, following a public hearing, the MWMC approved the Fiscal Year 1994-95 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. Lane County Commissioners approved the MWMC Fiscal Year 1994-95 Budget at the May 18, 1994 meeting. The MWMC Budget has been submitted for ratification to the city of Eugene for the June 8, 1994 Council meeting. Councilor Shaver requested a copy of the operations audit summary once available. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO RATIFY THE FISCAL YEAR 1994-95 MWMC BUDGET. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT . THE MEETING WAS ADJOURNED AT 9:00 P.M. ~w~ Minutes Recorder - Julie Wilson .