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HomeMy WebLinkAbout07/05/1994 Regular . . . 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 . ~egular Council Meeting Minutes .July 5, 1994 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. . 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 . ~egular Council Meeting Minutes .July 5, 1994 Page 3 . 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. . 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. . . . . ~egular Council Meeting Minutes .July 5, 1994 Page 4 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 . . . ~egular Council Meeting Minutes .July 5, 1994 Page 5 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. . ~egular Council Meeting Minutes .July 5, 1994 Page 6 . 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. . 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. . . . . ~egular Council Meeting Minutes .July 5, 1994 Page 7 (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) . . . . ~egular Council Meeting Minutes "July 5, 1994 Page 8 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 . . . ~egular Council Meeting Minutes ..July 5, 1994 Page 9 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 ~n~ tJRec/~