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HomeMy WebLinkAbout12/05/1994 Regular . . . ~ 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 . . . " City Council Regular Session Minutes 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. . . . ,. City Council Regular Session Minutes December 5, 1994 Page 3 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 . . . 4 City Council Regular Session Minutes December 5, 1994 Page 4 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 . . . City Council Regular Session Minutes December 5, 1994 Page 5 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 . . . I . ..... City Council Regular Session Minutes December 5, 1994 Page 6 ADJOURNMENT The meeting was adjourned at approximately 8:50 p.m. Minutes Recorder - Julie wilson e# Mayor ATTEST: ~ City Record r