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HomeMy WebLinkAbout01/21/2003 Regular ~ . MINUTES OF THE REGULAR SESSION OF THE SPRINGFIELD CITY COUNCIL HELD ON TUESDAY, JANUARY 21,2003 The Springfield City Council met in regular session on Tuesday, January 2l, 2003 at Springfield City Hall, Jesse Maine Meeting Room, 225 Fifth Street, Springfield at 7:00 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, Councilors Ballew, Fitch, Ralston and Woodrow. Councilors Burge and Hatfield were absent (excused). Also present were City Manager Mike Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy, City Recorder Kim Krebs, Police Chief Jerry Smith, and members of staff. PLEDGE OF ALLEGIANCE Mayor Leiken led the Pledge of Allegiance. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. . 1. Claims a. Approve the November 2002 Disbursements for Approval. b. Approve the December 2002 Disbursements for Approval. 2. Minutes 3. Resolutions a. RESOLUTION NO. 03-1 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30 192: JASPER MEADOWS PHASE I LOCATED AT MOUNT VERNON ROAD AND SOUTH 59TH STREET. b. RESOLUTION NO. 03-2 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30279: 54TH STREET AND 54TH PLACE NEAR "J" STREET, SANITARY SEWER. c. RESOLUTION NO. 03-3 - A RESOLUTION TO ACCEPT PROJECT P20291 FROM MORSE BROTHERS INC., IN THE AMOUNT OF $24,743.45. d. RESOLUTION NO. 03-4 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30093: WEST QUINALT STREET EXTENSION,250' EAST OF TAMARACK STREET ON WEST QUINALT STREET. 4. Ordinances , 5. Other Routine Matters , Springfield City Council Minutes of Regular Session - January 21,2003 Page - 2 . a. Approve Endorsement of OLCC Liquor License Application for Mighty Mart #20, formerly Gateway Chevron, located at 3375 Gateway Street, Springfield, Oregon. b. Approve Endorsement ofOLCC Liquor License Application for Mookie's Place, located at 1507 Centennial Boulevard, Springfield, Oregon. c. Approve Endorsement for OLCC Liquor License Application for Great Wall Restaurant, located at 862 Main Street, Springfield, Oregon. ' d. Approve the General Election Report of Board of Canvassers and Proclamation for the November 5, 2002 General Election. PUBLIC HEARINGS 1. Sale of City Property Located Adjacent to Gateway Fire Station. Development Services Director Cynthia Pappas was present for the staff report on this item. She Said in November of 2002 staff presented an offer for Council consideration to purchase City owned property immediately adjacent to the Gateway fIre station. At that time the Council discussed the offer and determined that it was a good offer and directed staff to post notice for public hearing. She said no additional offers have been received, and tonight is the time for the public hearing on the offer previously discussed. A representative of the dental office was available in the audience if Council has any questions. . Ms. Pappas said staff is recommending that the City Council impose a the following conditions on the buyer. Those conditions are: . The buyer complies with all conditions ~of site plan approval. .. The buyer has six months to receive and approve the environmental site assessment. . The buyer has six months to obtain necessary fmancing. · The buyer has six months to received and approve the Geotechnical Investigation Report for the site. · That the use of the property be limited to professional office. · That the building conforms to all requirements of the Community Commercial (cc) Zoning District. Councilor Ballew asked how much will it cost for the environmental and Geotechnical assessments, and asked if that was a normal request from the buyer? Ms. Pappas said the reason they included those two items is because the City had to do both of those items when we purchased the property for the fIre station. Those have already been performed on the site. What they are asking essentially, is if they can look at those reports and review, to see if whether or not they need to obtain new assessments. We would not be paying any additional fees. Councilor Ballew asked how staff would over time be able to follow or track that the use of the property be limited to professional office use. . , Springfield City Council Minutes of Regular Session - January 21, 2003 Page - 3 . City Attorney Joe Leahy said a deed restriction can be done that would limit to a certain use as specified in the Springfield Development Code. Councilor Woodrow asked if this property was purchased with EMS funds, and if so would the money be deposited back into the EMS fund. Ms. Pappas said yes the property was originally purchased with EMS funds, and at the November meeting the council had a discussion regarding how those funds would be disbursed. There were many suggestions made at that time, and therefore the decision has not been made. City Manager Mike Kelly said the funding for the original purchase was taken from the EMS Fund. It would be staffs intent to put those monies back into the EMS fund. He said that is just a depository, it is up to the council to determine the purpose of those funds. They can be used for general fund revenues or other purposes. Again the eventually distribution of the funds would be in accordance with the councils wishes. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. ' IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO AUTHORIZE STAFF TO PROCEED WITH NEGOTIATIONS WITH THE BUYER TO RECONCILE CONDITIONS OF SALE. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. . BUSINESS FROM THE AUDIENCE There was none. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR WOODROW TO ACCEPT CORRESPONDENCE ITEMS 1-10 FOR FILING, WITH A DmECTIVE TO STAFF TO DO ANY NECESSARY FOLLOW UP ON ITEM #10 WITH THE PROPOSED CHANGES IN THE STATE LAW. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. 1. Correspondence from Frank Preston, 1540 L Street, Springfield, Oregon regarding garage sales. 2. Correspondence from Wm. and Lea McGillvrey, 930 S. 56th Street, Springfield Oregon, regarding the proposed Peace Health development in Springfield. 3. Correspondence from Ron Turner, 488 Mansfield, Springfield, Oregon, regarding the proposed Peace Health development in Springfield. . 4. Correspondence from Linda Center, 40041 Deerhorn Rd, Springfield, Oregon, regarding the proposed Peace Health development in Springfield. . Springfield City Council Minutes of Regular Session - January 21,2003 Page - 4 . 5. Correspondence from Ericka Thessen, 3772 Plumtree Drive, Eugene, Oregon, regarding the proposed Peace Health development in Springfield. 6. Correspondence from Michael McIlrath, 916 G Street, Springfield, Oregon, regarding the proposed Peace Health development in Springfield. 7. Correspondence from Michelle Bivens, 225 N. 26th Street, Springfield, Oregon, regarding the proposed Peace Health development in Springfield. 8. Corresponden~e from Jim and Elaine Hart, 4611 Holly Street, .Springfield, Oregon regarding road fees. 9. Correspondence from Anna DeMarco, P.O. Box 1452, Springfield, Oregon, regarding Symantec. 10. Correspondence from Mayor David Dodds, 22500 Salamo Road, #700, West Linn, Oregon, regarding the 2003 Session of the Oregon Legislative Assembly, and requesting support for three proposed changes in state law. BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments. . a. Budget Committee Appointment and Ratification. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO APPOINT P. MAUREEN SICOTTE TO SERVE A THREE YEAR TERM ON THE BUDGET COMMITTEE TO FILL THE WARD 3 VACANCY, TERM TO EXPIRE ON DECEMBER 31,2005. THE MOTION PASSED WITH A VOTE OF 3 FOR AND 1 AGAINST (RALSTON). IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO REAPPOINT DWIGHT H. DZIERZEK TO SERVE A THREE YEAR TERM ON THE BUDGET COMMITTEE TO FILL THE WARD 4 VACANCY, TERM TO EXPIRE ON DECEMBER 31, 2005. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. b. Arts Commission Appointment. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW TO REAPPOINT JANELLE MCMAHAN TO THE ARTS COMMISSION TO SERVE A FOUR YEAR TERM WmCH WILL EXPIRE ON DECEMBER 31, 2006. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. c. Community Development Advisory Committee Appointment. . Springfield City Council Minutes of Regular Session - January 21, 2003 Page - 5 . IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW TO APPOINT ELIZABETH STUBBS TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE TO SERVE A FOUR YEAR TERM WHICH WILL EXPIRE ON DECEMBER 31,2006. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. d. Library Board Application Review and Appointment. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW TO REAPPOINT HOWARD COFFIN TO THE LffiRARY BOARD TO SERVE A FOUR YEAR TERM WHICH WILL EXPIRE ON DECEMBER 31,2006. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. 2. Business from Council a. City Council President Appointment. Mayor Leiken said at this time he would entertain motions. IT WAS MOVED BY COUNCILOR BALLEW WITH A SECOND BY COUNCILOR RALSTON TO NOMINATE COUNCILOR TAMMY FITCH FOR CITY COUNCIL PRESIDENT. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. . Mayor Leiken congratulated the new Council President, Councilor Fitch. b. Mayor/Council Committee Assignments. . Councilor Ralston reviewed the roster of committee assignments included in the council packet and requested that he be allowed to remain on the Human Services Commission and the Housing Policy Board. He said he would also be willing to take on the Human Rights Commission also. · Mayor Leiken said he was sure that Councilor Burge wouldn't have any objections to Councilor Ralston remaining on both of those Committees. He requested that staff make those corrections to the roster. c. Committee Reports · Councilor Ralston said the Housing Policy Board and the Human Services Commission held a joint meeting in November to discussion homeless issues. He said it was decided that a committee would be formed to study that issue, and he is the Chair of the committee. He said again today the joint committee met and presented their fmdings in an effort to find a solution to some of the homeless issues in the community. . · Councilor Woodrow reported on the recent meeting of McKenzie Watershed Council. He said there is some dilemma in that the BP A announced that they would not continue their funding for 2003. They are still in negotiations at this time, but in ... Springfield City Council Minutes of Regular Session - January 21, 2003 Page - 6 . the interim they have asked that the council approve a short 3 month budget to take care of the matters at hand, and that was approved by the Watershed Council. . ,Councilor Ballew provided a brief report on the Lane Workforce Partnership, Metropolitan Wastewater Management Commission, and the Regional Fiber Consortium. . Mayor Leiken reported on the fIrst MPC meeting of the year, and highlighted the information discussed at the meeting. . Mayor Leiken said he read in the Sunday edition of the Register Guard about a committee that was created to discuss a recommendation of renaming Centennial Boulevard to Martin Luther King, Jr. Boulevard. He said this came as a complete surprise, and said he felt it would have been appropriate if Springfield representatives would have been invited to the table to participate in these discussions. He said in talking to some of the City of Springfield staff, they did not know these discussions were occurring either. He said to be quite honest from the conversations that he has had Centennial Blvd seemed to be placed on the bottom of the list and others brought to the top of the list. One of the highways mentioned was the West Eugene Parkway, and Beltline. . Mayor Leiken said he has spoken to Commissioner Greene, and Marilyn Mays, President of the local NAACP Chapter, and suggested that at this time he isn't sure if it is prudent for Springfield to make a decision. He said Springfield needs to have an opportunity to research this also. d. Other Business. · Councilor Ralston said that Councilor Hatfield telephoned him today at work to discuss the issue regarding times when the Mayor and Council President were both absent from a council meeting if Councilor Ralston would be willing to serve as Vice-President of the Council. He said he isn't sure how that process should be handled. City Manager Mike Kelly said in the past there has not been a Vice-President ofthe Council; it isn't part of the Council Operating Policies and Procedures nor by-laws. He said typically, in the past the most senior councilor would be appointed. However, if this is something the council has interest in, staff would bring forward information for them to consider. Councilor Fitch said she wouldn't be opposed to seeing something like that. She knows there is a good chance that the Mayor and she will be traveling on the United Front trip together and that would be a time for this to be appropriate. BUSINESS FROM THE CITY MANAGER . 1. Resolution Initiating Project No. P20328 - Sanitary Sewer in 21 st Avenue (Glenwood) from Harrison Avenue East 100 Feet and Vicinity. . Springfield City Council Minutes of Regular Session - January 21,2003 Page - 7 . RESOLUTION NO.03-5 - A RESOLUTION OF INTENT TO CONSTRUCT SANITARY SEWER IN 21 ST AVENUE (GLENWOOD) FROM HARRISON AVENUE EAST 100 FEET AND VICINITY. Councilor Ralston said at this time he should excuse himself from this discussion as he works for Far West Steel. City Engineer Al Peroutka said this project is not something that is named in the budget at the current time; however there are sufficient reserves available in the assessment and sewer fund to take the project forward. Mr. Peroutka reviewed the staff report briefly and highlighted the information contained in the report. He said there is a property in Glenwood that is contiguous to the city limits and it has a failed septic system and a situation where the owner occupant has been requested to vacate the house if they can't remedy the situation. He said city staff attempted to assist the low income owner-occupant by requesting that Far West Steel grant a private easement to allow them to hook directly to the available sewer in Harrison Avenue. Far West did not grant the easement, leaving the other option of extending the public sewer. . Mr. Peroutka concluded again the property is contiguous to the City and staff has received an annexation request as well as a request from the property owner to do this project. He provided information related to staffs work with Kevin Ko in the Block Grant program, as well as other funding that has been secured to pay the owner occupants annexation fees and private work on their property. Mr. Peroutka responded to questions of the council related to costs, property locations and' remonstrance. City Attorney Joe Leahy complimented Mr. Peroutka and the Public Works staff on the work they have put into this issue in order to assist the property owner and developing a reasonable solution. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW TO ADOPT RESOLUTION NO. 03-5. THE MOTION PASSED WITH A VOTE OF 3 FOR AND 0 AGAINST. 2. Sanipac Rate Increase. RESOLUTION NO.03-6 - A RESOLUTION AUTHORIZING THE MAXIMUM RATES TO BE CHARGED FOR THE COLLECTION OF GARBAGE AND REFUSE. . Management Analyst Len Goodwin was present for the staff report. He said this is a matter that the Council reviewed in work session in December. Sanipac's proposed rate increase would increase the rate on the typical 32 gallon from $10.65 to $11.80, an increase of 11 percent. He said the net affect of all of these increases over the past three years has resulted in Sanipac receiving a rate of return on its operating expenses that is lower than what staff customarily expects for the company. The last time they came forward with an increase was in April of 2000. Staff s analysis of the data that has been supplied by Sanipac indicates that if conditions remain as they predict, this rate increase should last them about another three years, while still providing an appropriate rate of return. . Springfield City Council Minutes of Regular Session - January 21,2003 Page - 8 ' . Mr. Goodwin responded to questions of the council. John Hire, General Manager of Sanipac was present and said has been the General Manager for' 18 years. He said Sanipac views its relationship with the City of Springfield as one of partnership. He said they spend a little piece of every day working on that partnership and relationship. Working with the city over the years, Sanipac has succeeded in having some of the lowest collection rates in the State of Oregon. He thanked the Council for their consideration, and said he looked forward to many more years of the good relationship with the City. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW TO ADOPT RESOLUTION NO. 03-6. THE MOTION PASSED WITH A VOTE OF 3 FOR AND 1 AGAINST (RALSTON). 3. Other Business There was no other business. BUSINESS FROM THE CITY ATTORNEY . 1. An Ordinance Repealing the Process for Claims Related to Regulatory Takings Arising Under the 2000 Amendment to Article I, Section 18 of the Oregon Constitution (Ballot Measure 7) Repealing Sections 2.900 Et. Seq. "Regulatory Takings" of Chapter 2 "Government and Administration" of the Springfield Municipal Code and Declaring an Emergency. ORDINANCE NO. 6037 - AN ORDINANCE REPEALING THE PROCESS FOR CLAIMS RELATED TO REGULATORY TAKINGS ARISING UNDER THE 2000 AMENDMENT TO ARTICLE L SECTION 18 OF THE OREGON CONSTITUTION (BALLOT MEASURE 7) REPEALING SECTIONS 2.900 ET. SEO. "REGULATORY TAKINGS" OF CHAPTER 2 "GOVERNMENT AND ADMINISTRATION" OF THE SPRINGFIELD MUNICIPAL CODE AND DECLARING AN EMERGENCY. City Attorney Joe Leahy said as council will recall that in response to Ballot Measure 7 the City of Springfield had enacted Section 2.900 of the Springfield Municipal Code. Those sections have no applicability or relevance and should be repealed. The repeal of this ordinance will also render moot a pending LUBA Appeal, 1000 Friends of Oregon v. CIty of Springfield, LUBA No. 2000-250 which had been placed in abeyance pending the outcome ofthe litigation regarding Ballot Measure 7. Since Ballot Measure 7 has been declared unconstitutional, we are now in a situation where we no longer need the language in the code which addresses Ballot Measure 7. At this time staff recommends that council pass the proposed ordinance repealing. Mr. Leahy responded to questions ofthe council. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW TO ADOPT ORDINANCE NO. 6037 (EMERGENCY). THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. . Springfield City Council Minutes of Regular Session - January 21,2003 Page - 9 . ADJOURNMENT The meeting was adjourned at 7:45 p.m. ~ " Minutes Recorder - Kim Krebs . .