HomeMy WebLinkAbout12/05/1994 Regular
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City of Springfield
Regular Council Meeting
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY, DECEMBER 5, 1994
The city of Springfield Council met in Regular Session in the Springfield City
Council Chamber Room, 225 Fifth Street, Springfield, Oregon, on Monday,
December 5, 1994, at 7:15 p.m., with Mayor Morrisette presiding.
ATTENDANCE
Present were Mayor Morrisette, Councilors Beyer, Shaver, Walters, Maine and
Schanz. Councilor Burge was absent (excused). Also present were City Manager
Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Tim Harold,
City Recorder Eileen Stein, 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 Vicar Paul Linnemann, Bethany Lutheran Church.
CONSENT CALENDAR
IT WAS MOVED BY COUNCILOR SCHANZ, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT
THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST.
1. Minutes
a. November 14, 1994 - Work Session
2. Resolutions
RESOLUTION NO. 94-85 - A RESOLUTION TO ACCEPT PROJECT 1-904 FROM ASPHALT
MAINTENANCE ASSOCIATES, INC., IN THE AMOUNT OF $127,296.93.
3. Ordinances
ORDINANCE NO. 5767 - AN ORDINANCE VACATING A 3,818 SQUARE FOOT PORTION OF
CUL-DE-SAC BULB LOCATED AT THE WESTERN TERMINUS OF COLONIAL DRIVE, LANE
COUNTY (2nd Readinq) .
4. Other Routine Matters
a.
Establish a January 17, 1995 public hearing date for the following
resolution:
RESOLUTION NO. 94-86 - A RESOLUTION FOR THE VACATION OF THE CUL-DE-SAC
BULB AND WALKWAY RIGHT-OF-WAY SURROUNDED BY LOTS 7 THROUGH 14, LYING
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December 5, 1994
Page 2
IN SECTION 22, TOWNSHIP 17 SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN
AND WITHIN THE PLAT OF GRANADA PHASE II AS RECORDED IN THE LANE COUNTY
OREGON PLAT RECORDS AS FILE 73, SLIDE 108 THROUGH 110.
b.
Approve the November 8, 1994 General Election proclamation and
Report of Board of Canvassers.
ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
PUBLIC HEARINGS
1. Appeal by Mike Straub of System Development Charges (SDC)
RESOLUTION NO. 94-87 - A RESOLUTION APPROVING THE RECOMMENDATION OF THE
CITY MANAGER REGARDING THE APPEAL OF SDC CHARGES.
City Engineer Al Peroutka presented the staff report on this issue. The
appeal of SDC Charges was rejected by the City Manager based on the
existing SDC ordinance's two year limit on credits. The appellant has
right to a hearing by the City Council. The Council has voted previously
to not allow additional facts to be brought forward at the hearing, but
will decide the appeal on the basis of the existing record consisting of
the submitted written appeal, and the City Manager's response memo. The
appellant and staff may each make a short argument based on the facts in
the existing record.
In essence, the relief requested by appellant cannot be granted under the
requirements of the existing City Code.
Mayor Morrisette opened the public hearing.
1. Mike Straub recommended the city revise the Systems Development
Charges fee policy. He discussed the two year cutoff and stated that
he did not feel it was difficult to document information through the
tax records. When Mr. Straub purchased the property, it was a vacant
lot.
Mayor Morrisette closed the public hearing.
City Engineer Al Peroutka answered questions of Council. He also provided
comparison information regarding other cities and their SDC regulations.
IT WAS MOVED BY COUNCILOR SCHANZ, WITH A SECOND BY COUNCILOR MAINE, TO
ADOPT RESOLUTION NO. 94-87. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0
AGAINST.
BUSINESS FROM THE AUDIENCE
1. Lynda Rose, 1271 L Street, Springfield, spoke regarding the regulation of
cats. Ms. Rose explained that she was a responsible cat owner. She did
feel that a problem did exist. She also suggested that the regulation of
cats be enforced by the neighborhood.
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December 5, 1994
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2. Shellie Warren, 231 South C Street, spoke regarding the regulation of cats.
She felt Springfield was a diverse community and suggested that Council
take into account the impact of regulating cats.
3. Lesa Barnaby, 1225 G Street, felt it was important for neighbors to work
together to address the issue of cat control.
4. William A. Silcott, 291 T Street, Springfield, spoke regarding the
regulation of cats. He expressed problems with neighbor cats and felt cat
regulation was necessary.
5. Phil Vauqhan, 4810 Highbanks Road, Springfield, spoke regarding the
regulation of cats. He is involved in a business which breeds cats for
sale. He explained that contracts existed for the sale of his cats. He
suggested identification microchips be used instead of collars.
6. W. G. "Willie" Combs, 344 Scotts Glenn Drive, spoke regarding the
regulation of cats. He did experience problems with cats in his yard but
felt that the cost to regulate cats was expensive.
7. Dena Neeman, South M Street, spoke regarding the regulation of cats. She
said that a super soaker worked well on other animals. She discussed
disease from animals.
8. Gary DuBray, 4350 Main, Gary's Body Shop, spoke regarding the Springfield
Building Code. He explained that someone who is building near him was not
required to follow the same Building Codes as he was.
9. Jack Dearth, 1673 Main, Jacks Auto Service and Tow, spoke regarding a lot
across the street from him. He explained that that property had tall grass
and weeds. He cleaned this lot up and by a gentleman's agreement, the
owner allowed Mr. Dearth to park cars on the undeveloped lot. He explained
that he has been notified that this not in compliance with the Development
Code. He stated that other individuals have shared negative experiences
related to dealing with nuisance abatement and the city of Springfield. He
expressed dissatisfaction with staff members who enforce the Code. He
requested immunity to some of the city regulations equal to immunity given
to other property owners.
City Manager Mike Kelly explained that nuisance was enforced on a complaint
basis. He further discussed the Development Code. Mr. Kelly explained
that if Council wanted to revise language in the Development Code, staff
could develop criteria and language, provide to the Planning Commission and
Council for review.
Mayor Morrisette said he suggested Mr. Dearth address the Council. The
Council further discussed this issue in detail and agreed by consensus to
oppose revising the Development Code.
COUNCIL RESPONSE
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December 5, 1994
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BUSINESS FROM THE CITY COUNCIL
1. Committee Appointments
a. Library Board Appointment
IT WAS MOVED BY COUNCILOR SCHANZ, WITH A SECOND BY COUNCILOR MAINE, TO
APPOINT FLORENCE LITZENBERGER TO A FINAL FOUR YEAR TERM ON THE LIBRARY
BOARD THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST.
BUSINESS FROM THE CITY MANAGER
1. Intergovernmental Agreement to Purchase Real Property Owned by
Georgia-Pacific Company.
Maintenance Manager Ed Black presented the staff report on this issue. The
question raised was shall the city take advantage of an opportunity to
acquire land adjacent to the Millrace in conjunction with Willamalane Park
and Recreation District and the Springfield Utility Board at an
price to the city of approximately $43,000.
The purchase will assure that the city has guaranteed access to the south
side of the Millrace for maintenance and operation. Although
Georgia-Pacific has not objected to the City's occasional use of the
property, the City might be deprived of access if the property were to be
transferred to some other owner. Acquisition of a right of way over this
property could cost far more than the City's share of the purchase price
contemplated by the Intergovernmental Agreement. The purchase will help
city staff meet the operating requirements set forth by various state and
federal agencies.
1. Dena Neeman, 3019 South M Street, spoke regarding this issue. She
suggested that Council not trust all facts provided by staff members.
She also discussed landfills, application information, fines,
non-approved project plans, and suggested that citizens get together
to decide if a park is wanted and, if so, the type of park.
Council discussed this issue in detail. Councilor Schanz suggested that
Council proceed with the purchase of the property.
Councilor Maine also agreed with the purchase of the property.
Councilor Walters supported the purchase of this property and stated that
it was also needed to maintain water flow to mill race.
Councilor Shaver felt the community would be well served by the purchase of
this property.
IT WAS MOVED BY COUNCILOR SCHANZ, WITH A SECOND BY COUNCILOR MAINE, TO
APPROVE THE PURCHASE OF REAL PROPERTY OWNED BY THE GEORGIA PACIFIC COMPANY
AT A COST OF $41,666, PLUS AN AMOUNT NOT TO EXCEED $1,500 IN CLOSING COSTS,
AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY, WILLAMALANE PARKS AND RECREATION DISTRICT AND THE
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City Council Regular Session Minutes
December 5, 1994
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SPRINGFIELD UTILITY BOARD TO PROVIDE FOR SUCH PURCHASE, INCLUDING, IF ANY,
THOSE REQUIRED BY THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. THE
MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST.
2.
Metro Plan periodic Review Work Program.
City planner Susie Smith presented the staff report on this issue. The
draft work program for periodic Review of the Metro Plan needs to be
adopted by the city councils of Springfield and Eugene and by the Board of
County Commissioners, and submitted to DLCD. The list of non-Periodic
Review tasks developed throughout the public input process also should be
considered by the elected officials for determination of a process through
which to address the proposed tasks and/or a comprehensive Metro Plan
Update at a future date.
The draft work program for periodic Review of the Metro Plan has been
prepared, and has been reviewed by the three planning commissions and the
public. The three planning commissions forwarded recommendations to their
respective elected officials on September 29, 1994. The Board of County
Commissioners and Springfield City Council held a work session and public
hearing on November 22, 1994 to review the staff and planning commission
recommendations and to take public testimony. The record of the public
hearing was held open until 5:00 p.m., November 29, 1994. The Springfield
City Council is scheduled to review additional testimony and take action on
December 5, 1994. The Eugene City Council is scheduled to hold a public
hearing and take action on this matter on December 5, 1994.
The extended deadline for submitting the work program to DLCD is December
1, 1994. However, DLCD has been notified that due to difficulties in
scheduling elected officials' public hearings, the work program will be
submitted after the deadline. DLCD staff has not indicated that there will
be any negative consequences for our late submittal.
Ms. Smith answered questions of Council. Development Services Director
Susan Daluddung discussed the sunset clause recommendation. She
recommended that this be included in the non-periodic review work tasks.
Items would be discussed at the Metro Policy Committee meeting. This item
was a high priority to the Council. Council could prioritize the
non-periodic review work tasks at a future work session meeting.
IT WAS MOVED BY COUNCILOR SCHANZ, WITH A SECOND BY COUNCILOR MAINE, TO
APPROVE THE PERIODIC REVIEW WORK PROGRAM. THE MOTION PASSED WITH A VOTE OF
5 FOR AND 0 AGAINST.
OTHER BUSINESS
1. City Recorder Eileen Stein reviewed upcoming Council meeting schedule for
December and January.
BUSINESS FROM THE CITY ATTORNEY
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December 5, 1994
Page 6
ADJOURNMENT
The meeting was adjourned at approximately 8:50 p.m.
Minutes Recorder - Julie wilson
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Mayor
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