HomeMy WebLinkAbout07/05/1994 Regular
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City of Springfield
Regular Council Meeting
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
TUESDAY, JULY 5, 1994
The city of Springfield Council met in Regular Session in the Springfield City
Council Chamber, 225 Fifth Street, Springfield, Oregon, on Tuesday, July 5,
1994, at 7:10 p.m., with Mayor Morrisette presiding.
ATTENDANCE
Present were Mayor Morrisette, Councilors Beyer, Shaver, Walters, Burge, Maine
and Schanz. Also present were City Manager Michael Kelly, Assistant City
Manager/City Recorder Gino Grimaldi, City Attorney Tim Harold, Administrative
Aide 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 Rev. Veryl Mitchell, Ebbert Memorial Methodist
Church.
SPRINGFIELD UPBEAT
1. Mayor Morrisette explained 75 students with Girls State met at City Hall
last week. Officers were elected and a simulated Council meeting was held.
2. Councilor Burge recognized City Manager Mike Kelly for 27 years of service
to the city of Springfield. Mr. Kelly has served as Assistant City
Engineer (1967), City Engineer (1970), Assistant Public Works Director
(1974), Public Works Director (1977), Director of Community and Economic
Development (1985) and City Manager (1989 to present) .
3. Mayor Morrisette announced that City Recorder Eileen Stein and her husband
Gary are the proud parents of a baby girl named Chloe. City Manager Mike
Kelly explained both Eileen and Chloe were doing well.
CONSENT CALENDAR
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR BEYER, TO ADOPT THE
CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
1. Minutes
a. June 13, 1994 - Work Session
b. June 20, 1994 - Regular Session
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Page 2
. 2. Resolutions
a. RESOLUTION NO. 94-34 - A RESOLUTION CONCERNING CREATION OF A CITIZEN
POLICE PLANNING TASK FORCE TO DEVELOP A LONG RANGE PLAN FOR PROVIDING
MUNICIPAL POLICE SERVICES.
b. RESOLUTION NO. 94-35 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO
AWARD COMPETITIVE BIDS AMOUNTING TO MORE THAN $15,000 DURING THE
PERIOD OF JULY 12, 1994 TO AUGUST 14, 1994, WHILE THE CITY COUNCIL IS
IN RECESS.
c. RESOLUTION NO. 94-36 - A RESOLUTION ACCEPTING PROJECT 3-832: GAME FARM
ROAD EAST SEWER IMPROVEMENTS.
3. Other Routine Matters
a. Approve the 1994-95 City Attorney Retainer Agreement, With the Firm of
Harold and Leahy, to Perform the Duties of the Office of City Attorney
Until June 30, 1995.
b. Authorize the City Manager to Sign the Proposed EMS Account Services
Intergovernmental Contract with the City of Newberg.
c. Approve Endorsement of OLCC Liquor License for Red Peppers, Located at
1869 Pioneer Parkway East.
d.
Approve Endorsement of OLCC Liquor License for Deb's Family
Restaurant, Located at 4229 Main Street.
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e. Award Bid for Project 1-814, lOth Street, M Street North to N Street,
and Vicinity, and Project 1-836, 13th Street, Centennial Boulevard
North to L Street, and Vicinity, to Eugene Sand and Gravel, in the
Amount of $102,746.50.
f. Approve the Dedication of Right-of-Way in Rambling Acres Third
Addition and Rambling Acres Sixth Addition.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARINGS
1. Request for Vacation of a 14-Foot Public Utility Easement; James Larue,
Applicant; Jo. No. 94-05-105.
ORDINANCE NO. 5748 - AN ORDINANCE VACATING A 14-FOOT WIDE PUBLIC UTILITY
EASEMENT, AS PLATTED AND RECORDED IN FILE 73, SLIDES 108-110, LANE COUNTY
OREGON PLAT RECORDS, AND DECLARING AN EMERGENCY.
City Planner Lydia Neill presented the staff report. The applicant is
requesting vacation of a 14-foot wide public utility easement centered on
the common property line of Tax Lots 3100 and 9300, on Assessor's Map
17-03-2-31 (also described as Lot 40 of Granada and Lot 1 of Granada Phase
II Subdivisions). The applicant states the reason for the request is to
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allow partitioning of these two lots into three buildable lots and the
current location of the easement would make one of the lots undevelopable.
The subject property is located on Cloverleaf Loop. The Metro Plan
designation and zoning of the subject property are Medium Density
Residential (MDR).
The Public Works Department and the affected utilities have reviewed the
application and determined that vacation of this easement will have no
negative effect on service provisions or other public benefits derived from
the easement. Several utilities are located within this easement and must
be relocated. The tentative partition approval shall be conditioned to
require relocation of all utilities in the easement and granting of an
easement at the new location, at the applicant's expense. Two ordinance
readings are required for this action, however, emergency adoption is
requested because the applicant is ready to submit building permits for the
units on these lots.
Mayor Morrisette opened the public hearing. No one appeared to speak.
Mayor Morrisette closed the public hearing.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO
ADOPT ORDINANCE NO. 5748. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0
AGAINST.
2.
Request for Vacation of a 30-Foot Public Utility Easement; James Paulson,
Applicant; Jo. No. 94-05-106.
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ORDINANCE NO. 5749 - AN ORDINANCE VACATING A 30-FOOT WIDE PUBLIC UTILITY
EASEMENT, AS RECORDED IN REEL 633R, INSTRUMENT NUMBER 7316030, LANE COUNTY,
OREGON DEED RECORDS AND DECLARING AN EMERGENCY.
City Planner Lydia Neill presented the staff report on this issue. The
applicant is requesting vacation of a 30-foot public utility easement
located on the western portion of Tax Lot 2900, Assessor's Map 18-02-04-00.
The applicant states the reason for the request is to allow for the
construction of single family homes within the proposed subdivision of
Bishop Estates. Lots 1, 2 and 19 are constrained for development due to
the width of the current easement. Tentative approval has been granted on
October 29, 1993 for the Bishop Estates subdivision to divide this parcel
into 19 residential building lots. The final plat can not be recorded
until the easement is vacated and an 11-foot easement has been recorded to
cover the utilities installed adjacent to South 49th Street.
The subject property is located on South 49th Street. The Metro Plan
designation and zoning of the subject property are Low Density Residential
(LDR) .
The Public Works Department and the affected utilities have reviewed the
application and determined vacation of this easement will have no negative
effect on service provisions or other public benefits derived from the
easement. Emergency adoption is requested because the applicant is ready
to submit building permits on these lots.
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Mayor Morrisette opened the public hearing. No one appeared to speak.
Mayor Morrisette closed the public hearing.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR BEYER, TO ADOPT
ORDINANCE NO. 5749. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
3. Public Hearing for Project No. 1-857, Sanitary Sewer Construction North of
Harlow Road, in and West of Pheasant Street, and Vicinity.
ORDINANCE NO. 5750 - AN ORDINANCE ADOPTING THE REPORT OF THE CITY ENGINEER
FOR SANITARY SEWER TRUNK LINE CONSTRUCTION NORTH OF HARLOW ROAD, IN AND
WEST OF PHEASANT STREET, AND VICINITY (1-857) AND DECLARING AN EMERGENCY.
civil Engineer Don Branch presented the staff report on this issue. The
project was initiated by Council on December 6, 1993. The owners of four
parcels along the sewer route will be assessed costs in this project. The
other parcels of land having frontage on the sewer will not be assessed
because they already have sewer service. Construction costs that would
normally be assessed to the served lots will be paid by the city and the
city will also pay for the over depth and the sewer size in excess of
eight-inch diameter in accordance with our standard assessment policy.
A neighborhood meeting was held on April 21, 1994, to inform property
owners of the pending project and answer any questions owners might have.
Representatives of two properties attended the meeting and were concerned
about the sewer routing location and the amount of their assessment. The
route of the sewer is designed not to conflict with the owners' current
development plans. The owners were informed of their share of construction
costs was based on the cost of a normal eight-inch sewer construction
project. Their assessments were large because their parcels of land were
large.
Staff is requesting the adoption of the ordinance to include an emergency
clause so that the 22-foot-deep sewer can be installed when the groundwater
table is at its lowest level in the summer. Otherwise, staff may run into
the rainy season and higher groundwater conditions.
Mayor Morrisette opened the public hearing. No one appeared to speak.
Mayor Morrisette closed the public hearing.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT
ORDINANCE NO. 5750. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
BUSINESS FROM THE AUDIENCE
1. Joyce Lorenz, 214 Pioneer Parkway, spoke regarding the millrace, from the
millpond east to the inlet. Ms. Lorenz provided Council with a copy of her
statement. Ms. Lorenz stated a survey map of 1853 shows the original
millrace following a straight 1 mile route from the river, heading north
and ending at the future location of the millpond. She stated further
records indicate a flood in 1861 created a new stream and it followed a
3-1/2 mile route from the east. She stated it is likely the original
millrace was destroyed during the flood or that the Willamette River
channel moved away from the original inlet. She stated the existing
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millrace is not the original millrace and the original location still
exists. She requested Council review and respond to her testimony.
2.
Dena Neman, 3019 South M Street, spoke regarding the millrace. She stated
approximately two years ago she provided testimony similar to that of Ms.
Lorenz. She felt it was well known fact that the existing millrace is not
the original millrace. She requested people start recognizing this. She
also stated the stream was there at the same time the other stream was
there but flood waters changed the percentage of water running in each. As
the river receded, the old millrace slowly dried up.
Ms. Neman discussed spraying on her property. She stated the city did not
spray blackberries adjacent to her property, but blackberries were sprayed
at her gate, which sits in 9-1/2 feet from her property line. She stated
property owners in this area wanted to protect the natural resources.
City Manager Mike Kelly stated staff would follow-up on her testimony
and report back to Council.
COUNCIL RESPONSE
None.
CORRESPONDENCE AND PETITIONS
1.
Correspondence From Rena L. Bigham, 668 North 57th Street, Springfield,
Expressing Support for a Cat Control Ordinance.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO
ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR
AND 0 AGAINST.
BIDS
ORDINANCES
1. Condemnation Ordinance and Resolution for a Portion of the Gorrie Estate
Property (TL 18 02 06 00 01001).
ORDINANCE NO. 5751 - AN ORDINANCE AUTHORIZING THE APPROPRIATION OF, AND IF
NECESSARY, THE INSTITUTION OF PROCEEDINGS, INCLUDING IMMEDIATE POSSESSION
IN EMINENT DOMAIN FOR THE ACQUISITION BY CONDEMNATION OF PROPERTY INTERESTS
IN THE VICINITY OF SOUTH 32ND STREET AND JASPER ROAD FOR PURPOSES OF
LOCATING A PERMANENT STORM WATER DETENTION BASIN AND DECLARING AN
EMERGENCY.
RESOLUTION NO. 94-37 - A RESOLUTION AUTHORIZING THE APPROPRIATION OF, AND
IF NECESSARY, THE INSTITUTION OF PROCEEDINGS, INCLUDING IMMEDIATE
POSSESSION IN EMINENT DOMAIN FOR THE ACQUISITION BY CONDEMNATION OF
PROPERTY INTERESTS IN THE VICINITY OF SOUTH 32ND STREET AND JASPER ROAD FOR
PURPOSES OF LOCATING A PERMANENT STORM WATER DETENTION BASIN AND DECLARING
AN EMERGENCY.
City Surveyor Don Rogers presented the staff report on this issue. Mr.
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Rogers noted the appraisal, Exhibit D, was not copied in its entirety and a
full copy was available upon request. Council approved going forward with
condemnation to acquire drainage rights across the Gorrie Estate property
at their March 28, 1994 work session. Adoption of the condemnation
ordinance and resolution is necessary to assure acquisition of a storm
water detention basin to continue orderly development.
A public storm sewer system, which is consistent with the city's West
Springfield Drainage Master Plan to serve Douglas Gardens School, existing
streets and underdeveloped land is planned for construction this summer.
Storm water from the system will flow into the millrace. Prior to entry
into the millrace, the storm water must be treated to remove contaminates.
The contaminate removal process requires a detention basin about 1.2 acres
in size. The appraisal, prepared by Duncan, Morgan and Brown, evaluated an
area one acre in size. The legal description describes an area 1.21 acres
in size and the original appraisal of $15,000 was revised to $18,150 to
account for the increased area. The 1.21 acre site on the Gorrie Estate
property was identified as the practical location for the detention basin.
The estate is owned by a trust of 13 owners. The attorney for the trust
has advised the city to pursue condemnation of the property. The Council
approved staff going forward with condemnation of the necessary property at
their March 28, 1994 work session. Adoption of the resolution and
ordinance will allow implementation of the West Springfield Drainage Master
Plan to go forward this year by declaring the acquisition as being
necessary for the project and allowing, if necessary, for "immediate
possession" proceedings. The ordinance contains an emergency clause so
that work may proceed this summer.
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Mr. Rogers read into the record, Resolution No. 94-37, Attachment A, page 1
of 17, items 7 and 8 as follows:
7. Whereas, the storm water detention basin is necessary for the
following reasons:
(1) The West Springfield Drainage Master Plan calls for a
drainage facility with an outlet to the millrace in this
area.
(2) Proposed development requires that this portion of the
planned drainage system be in place to serve the
development.
(3) The Oregon Department of Environmental Quality has required
that a treatment detention basin be installed prior to
discharge of the millrace; and
8. Whereas, the storm water detention basin is located in a manner
which will be most compatible with the greatest public good and
least private injury for the following reasons:
(1) The site provides a route for a discharge of storm water,
consistent with the West Springfield Drainage Master Plan.
(2) The property is underdeveloped in the area.
(3) The proposed site will provide the least expensive and most
logical installation route.
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(4) The lay of the land and hydrology of this area demand a
discharge point at this site and the most effective
treatment point would be just prior to discharge.
A representative of Branch Engineering, who is an expert in storm water
detention basins, was also available to answer questions from Council.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR BEYER, TO ADOPT
ORDINANCE NO. 5751 AND RESOLUTION NO. 94-37. THE MOTION PASSED WITH A VOTE
OF 6 FOR AND 0 AGAINST.
BUSINESS FROM THE CITY COUNCIL
1. Committee Appointments.
a. Historic Commission Appointment.
The Historic Commission has a vacancy due to the term expiration of
Donald Peting, whose term expired May 31, 1993.
Council interviewed and reviewed the applications of two candidates
at their June 27, work session. At that time, it was Council
consensus to appoint Kenneth Guzowski to the Historic Commission. The
position will have a term expiration date of May 31, 1998.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO
APPOINT KENNETH GUZOWSKI TO THE HISTORIC COMMISSION. THE MOTION
PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
BUSINESS FROM THE CITY MANAGER
1. Fire Ambulance and Emergency Services Dispatch Contract With the City of
Eugene.
Fire Chief Dennis Murphy presented the staff report on this issue. The
city of Eugene has provided contract fire, ambulance and emergency services
dispatch to Springfield Department of Fire and Life Safety since 1982. The
contract is renewed every five years and is now due for renewal.
Since 1982, the city of Eugene has provided contract dispatch services to
Springfield Fire and Life Safety on a 24 hour basis. The contract period
is five years, with annual adjustments to the costs according to a formula
mutually agreed on between both parties. Either party can terminate the
agreement with twelve months notice to the other.
This contract goes through an annual review by Fire and Life Safety staff
as to the quality of service and cost. The city of Eugene has performed
well on a continuous basis since 1982.
The first year of the contract is $185,808 with subsequent year costs
determined by the formula described in Attachment A of the staff report.
The cost is divided between the EMS Fund ($88,040) and General Fund
($97,768) .
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Mr. Murphy answered questions from Council.
Mayor Morrisette left the meeting at 8:45 p.m.
IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BEYER, TO
AUTHORIZE THE CITY MANAGER TO SIGN THE FIRE, AMBULANCE AND EMERGENCY
SERVICES DISPATCH CONTRACT WITH THE CITY OF EUGENE. THE MOTION PASSED WITH
A VOTE OF 6 FOR AND 0 AGAINST.
2. Budget Transfer Resolution.
RESOLUTION NO. 94-38 - A RESOLUTION TRANSFERRING AND REAPPROPRIATING FUNDS
IN THE EMERGENCY MEDICAL SERVICES FUND.
Finance Director Bob Duey presented the 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.
IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO
ADOPT RESOLUTION NO. 94-38. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0
AGAINST.
3.
National Park Service Grant Offer for Development of Millrace Park and
Information Kiosk.
City Planner Mel Oberst was available to answer questions from Council.
The millrace provides water for agricultural, industrial and municipal
uses. The Georgia Pacific donation agreement requires the city to manage
the millrace water flows. Additionally, the millrace is an integral part
of the urban drainage system. Millrace water quality is dependent on the
land management and use practices within the entire basin, especially
important are activities adjacent to the waterway.
The city as owner, and Willamalane as the provider of park services both
have a vested interest in the millrace. Thus, two years ago both agencies
jointly participated in a National Park Service (NPS) facilitated project
to assess and identify the community's vision for the Springfield millrace.
As a follow-up to this project, the city and Willamalane jointly applied
for a grant from the NPS to develop a small demonstration park and
information kiosk on Park District land between the millrace and the Depot.
The primary objective of this project is to elevate awareness and develop
public ownership of the millrace as an asset. Public understanding and
support regarding the millrace is important because in the future,
significant expenditure of public funds will be necessary to comply with
both the terms of the donation agreement which conveyed millrace ownership
to the city, and federal and state water quality rules and regulations. A
secondary project objective is to provide the public with an opportunity to
understand the relationship between the stormwater management regulations
and downstream water quality.
The total cost of the park/kiosk project is $47,400. In-kind and cash
costs will be shared as follows: Willamalane, $15,900 (in addition to
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providing the land) i the National Park Service, $20,000; and the city,
$11,500. The city's contribution in cash is $9,500 which is currently
funded in the 1994-95 budget ($8,000 in Room Tax contributions and $1,500
in Fund 11 Drainage Fees). It is recommended the city's share be entirely
funded from Fund 11 to make the $8,000 in Room Tax funds available for
other projects.
IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BEYER, TO
AUTHORIZE THE CITY MANAGER TO SIGN THE TRI-PARTY PROJECT AGREEMENT AND
EXPEND $11,500 IN MATCHING FUNDS. THE MOTION PASSED WITH A VOTE OF 6 FOR
AND 0 AGAINST.
4. City Participation in Conference Center Study.
Development Services Director Susan Daluddung was available to answer
questions from Council. The City Council is requested to approve the
proposed participation of the city of Springfield in a study to analyze the
extent of need, possible location, and size of conference center facilities
in the metropolitan area. Coopers and Lybrand has been selected from among
three firms to provide detailed information about the conference center
needs for the convention activity in the metropolitan area.
Ms. Daluddung explained that a
forth to Council for approval.
announced they would not be at
the project.
budget transfer resolution would be brought
week. Councilors Burge and Shaver
the next meeting, but expressed support for
IT WAS MOVED BY COUNCILOR BEYER, WITH A SECOND BY COUNCILOR WALTERS, TO
APPROVE PARTICIPATION IN THE LANE COUNTY CONFERENCE CENTER STUDY. THE
MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
5.
Other Business.
BUSINESS FROM THE CITY ATTORNEY
None.
RECESS
The meeting recessed at 7:55 p.m. and was continued to July 11, 1994.
Minutes Recorder - Julie Wilson
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