HomeMy WebLinkAbout02/03/2003 Regular
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MINUTES OF THE REGULAR SESSION
OF THE SPRINGFIELD CITY COUNCIL
HELD ON MONDAY, FEBRUARY 3, 2003
The Springfield City Council met in regular session at Springfield City Hall, Council Meeting
Room, 225 Fifth Street, Springfield, on Monday, February 3,2003 at 7:00 p.in., with Mayor
Leiken presiding.
ATTENDANCE
Present were Mayor Leiken and Councilors Ballew, Burge (by conference phone), Fitch, Ralston
and Woodrow. Also present were City Manager Mike Kelly, Assistant City Manager Gino
Grimaldi, City Recorder Kim Krebs, and members of staff.
PLEDGE OF ALLEGIANCE
Mayor Leiken led the Pledge of Allegiance.
Mayor Leiken said before moving on to the next item on the agenda he would like to note that
there was a black ribbon draped on the chair in recognition of Councilor Lyle Hatfield. Councilor
Hatfield passed away on Friday, January 31, 2003. Mayor Leiken called for a moment of silence
in honor of Councilor Hatfield's memory.
Councilor Ralston termed Councilor Hatfield his mentor. He said that Councilor Hatfield made
people feel at home. Councilor Ralston said he was the most outstanding person he ever met.
Councilor Fitch said that Councilor Hatfield was bright and quick to understand issues. He was
articulate, caring, and there with a listening ear, and could bring compromise when needed. He
shared wonderful stories about his family. She noted the difficulty that Councilor Hatfield went
through during recent years with his illness. She hoped that the council could keep some of his
wisdom with them.
Councilor Woodrow attributed his election to the Ward 5 council position to Councilor Hatfield.
When he consulted him about his interest in seeking office, he was struck by his integrity. He
thanked Councilor Hatfield publicly and privately and was grateful for what he brought to the
council.
Councilor Burge recalled his first meeting with Councilor Hatfield and the liking he felt at that
time, which only continued to grow. He said Councilor Hatfield had integrity and commitment.
He did not think he would have had the strength to go on with public life in the same manner
Councilor Hatfield had when he was battling his illness. His community commitment was
without question. Councilor Burge believed that the Lord chose this time for Councilor
Hatfield's passing because he had suffered enough and it was time for relief. He said Councilor
Hatfield was a good man.
Mayor Leiken said that the council had a chance to say goodbye in some measure when it
witnessed Councilor Hatfield receive the First Citizen Award the previous Friday. He said that
the entire community recognized Councilor Hatfield's contributions to Springfield. He said that
he considered himself a lucky person to know Councilor Hatfield. They had a lot in common,
both having young families. He noted Councilor Hatfield's enthusiasm for Gonzaga basketball.
Councilor Hatfield had an extremely strong faith. Mayor Leiken said that while his body was
Springfield City Council
Regular Session Minutes - February 3, 2003
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unable to go on, his soul did not. He believed that Councilor Hatfield was watching over them
, from heaven, probably thinking they should move on to business. He termed Councilor Hatfield
a great man, and a great public official.
Councilor Fitch noted that services for Councilor Hatfield would occur the following day at 3
p.m. at Thurston Community Church on Thurston Road.
CONSENT CALENDAR
Councilor Fitch questioned the acquisition of the sweeper (item 5a) at this time, asking if it was
really necessary. Technical Services Manager Len Goodwin indicated yes, it is extremely
necessary in that the City needs to remove debris from the streets so they don't get into the storm
water system, causing it to overflow.
IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR
BALLEW, TO ACCEPT THE CONSENT CALENDAR. THE MOTION PASSED WITH
A VOTE OF 5 FOR AND 0 AGAINST.
1. Claims
2. Minutes
3. Resolutions
. 4. Ordinances
5. Other Routine Matters
a. Acc~pt the Bid from Enviro-Clean Equipment for an Airvacuum Sweeper in the Amount
of$112,282.60 for the Public Works Department.
PUBLIC HEARINGS
1. 2003-2008 Capital Improvement Program.
City Engineer AI Peroutka was present for the staff report on this issue. He asked the council to
consider public testimony and to adopt the Capital Improvement Program.
Councilor Ballew determined from Mr. Peroutka that nothing had changed in the document
before the council since it reviewed it at a work session.
Councilor Burge determined from Mr. Peroutka that the document could be modified at a later
. date.
Mayor Leiken opened the public hearing. There being no requests to speak, he closed the public
hearing.
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Springfield City Council
Regular Session Minutes - February 3, 2003
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IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR
BALLEW TO ADOPT THE 2003-2008 FIVE-YEAR CAPITAL IMPROVEMENT
PROGRAM. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST.
2. Public Hearing for Project P20328, Installation of Sanitary Sewer in 21 st Avenue from
Harrison Avenue East lOO Feet and Vicinity, and Declaring an Emergency.
ORDINANCE NO.1 - AN ORDINANCE ADOPTING THE REPORT OF THE CITY
ENGINEER FOR THE INSTALLATION OF SANlT ARY SEWER IN 21 ST AVENUE
FROM HARRISON AVENUE EAST 100 FEET AND VICINITY (PROJECT P20328), AND
DECLARING AN EMERGENCY.
Councilor Ralston recused himself from the item.
City Engineer Al Peroutka was present for the staff report. He said that the project was initiated
by the City Council on January 21,2003. The project was as described at that meeting, and there
was a map on the back wall of the meeting room showing the location of the property and the
location of services. He invited questions.
Councilor Burge asked why the ordinance declared an emergency. Mr. Peroutka said that it was
because of the existing conditions. The failed septic system created a health concern.
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Councilor Ballew asked staffto respond to the letter from Far West. Mr. Peroutka said that there
was not a remonstrance; even though the company might be in the ownership of several different
individuals, it was considered to be in one ownership for the purpose of the project, and the
company would benefit from the sewer. It was normal policy that all benefited properties share
proportionately in the cost. Councilor Ballew asked if other properties were being bypassed by
the project. Mr. Peroutka said there were two properties being passed that already had system
access and had been assessed by the City of Eugene when the system was installed.
Councilor Woodrow asked if the project was mainly to benefit Tax Lot 2900. Mr. Peroutka
clarified that the owner of that lot had requested the sewer. That request initiated the council's
examination of the project. He further clarified that the two properties he previously referred to
were connected to an existing line. He referred the council to Attachment B, which showed the
existing sewer and those properties, which were west of the properties being assessed. Mr.
Peroutka said that the project was very small and it was not uncommon that one property owner
did not want such a project. He said that it was not a majority rules situation, but the council
determined the project was needed and went forward.
City Manager Mike Kelly said that the city staff worked with the owner of Tax Lot 2900 when
the situation first came to light on various options, and there were few options. He said that early
on the owner of Tax Lot 2900 had expressed interest in having a private line crossing the Far
West property to the west but the company would not provide a private easement, leaving only
the public option. The septic system at Tax Lot 2900 does not work and there was evidence of
raw sewage underground and in the ditches. Subsequently, staff proposed a line in the middle of
the street that would benefit the lots to the north and south; the City's assessment policies called
for those benefiting properties to pay.
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Mr. Kelly indicated the council could choose to leave the company outside the boundary and the
City could bear the extra costs. When Far West wanted to connect to the line, it could pay the
City an amount in lieu-of the assessment. He added that when the city installed sanitary sewers
or other infrastructure, such as a street, it considered a .property to be benefiting if it has frontage,
and it does not matter if the property is vacant. He said he does not expect this to be an isolated
incident in Glenwood.
Councilor Woodrow asked if the costs borne by Tax Lot 2900 could be borne by the Community
Development Block Grant. Mr. Peroutka said that there was no block grant available funding for
the public cost of the sewer at this time. Staff had located some funds to pay the property
owner's costs of abandoning the current septic system and running a line to the public system.
Councilor Burge recalled past similar situations and suggested that the council bypassed its
existing procedures, it always came back to haunt the council. He thought that benefiting
properties should pay the assessment.
Mayor Leiken opened the public hearing.
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1. Carl Hutchison, 2000 Henderson Street, Eugene, Oregon, Far West Steel Corporation
Operations Manager, spoke on behalf of the owners of the company, who objected to the
proposed assessment. He referred the council to the letter he sent the City. He noted the
company's participation in the paying the costs of Henderson Street and 21 st Avenue and the
sanitary sewer. He believed that the assessment penalized the company because a neighbor
had a failing septic system. He said that Tax Lot 1100 was never planned to be connected to
the sanitary sewer system. It would have been connected in the past if redevelopment beyond
the wood shop now on the property were planned.
There being no further requests to speak, Mayor Leiken closed the public hearing.
IT WAS MOVE BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR
BALLEW TO ADOPT ORDINANCE NO.1 WITH THE EMERGENCY CLAUSE. THE
MOTION PASSED WITH A VOTE OF 3 FOR AND 1 AGAINST (WOODROW).
Mayor Leiken determined that the ordinance was passed, but because it failed to receive the votes
necessary to constitute the emergency, it was determined that this would be the first reading of
the ordinance only.
Councilor Ralston returned to his council chair.
BUSINESS FROM THE AUDIENCE
1. Donald Mainwaring, 681 48th Avenue, Springfield, spoke against City regulations that
prohibited property owners from having rotting leaves on their property for more than seven
days. He said that the City would not respond to dogs using his yard to defecate, which he
considered a far worse problem than rotting leaves. He said that people dump pet waste all
along G Street and the City never did anything about that. Mr. Mainwaring shared a "Mark
Trail" cartoon from the Sunday paper, which indicated rotting organic material was good for
the land.
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Springfield City Council
Regular Session Minutes - February 3,2003
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Responding to a question from Councilor Ralston regarding the rules governing compost pile Mr.
Kelly indicated he would follow-up on Mr. Mainwaring's comments. He did not think that the
City would normally cite someone just for having leaves on their property.
2. Dave Carvo. 4010 East 16th Avenue. Eugene, recommended that the City reconsider its
development code as it related to fence standards to prohibit the installation of cyclone
fencing to the sidewalk on commercial properties. It was very unattractive. He also
recommended that the City examine its development code as it related to required lighting as
well. He had been unable to find anything related to required lighting in the code: He
thought that lighting would provide additional saf~ty and improve property values.
COUNCIL RESPONSE
Development Services Director Cynthia Pappas responded to Mayor Leikens question, and said
Mr. Carvo's testimony related to the fencing issue were accurate.
Councilor Ballew noted the conflict between property owners wishing to protect their business
and the community's interest in having attractive commercial settings.
CORRESPONDENCE AND PETITIONS
BIDS
ORDINANCES
BUSINESS FROM THE CITY COUNCIL
1. Committee Appointments
2. Business from Council
a. Committee Reports
Councilor Ralston reported on the Housing Policy Board meeting held earlier that day. He
anticipated that, at his suggestion, the board would consider different funding splits given the
different population levels of the Springfield and Eugene.
Councilor Fitch reported on the earlier meeting of the Finance and Judiciary Committee, which
reviewed a new evaluation form for the City Manager. She commended the job City Manager
Mike Kelly has done in working on the City's various financial issues. She noted that the form
was somewhat different, and before the council could use it the manager would have to gather
some information for the council to review and appraise. She and Councilor Ballew were in the
process of final review of the form, and anticipated that the Committee return to the council with
a favorable recommendation on the manager's evaluation and a recommendation regarding his
compensation levels.
Mayor Leiken noted the e-mail sent out regarding meeting procedures related to the upcoming
Peace Health hearings and a memorandum from the City Attorney on the same subject.
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Springfield City Council
Regular Session Minutes - February 3, 2003
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Mayor Leiken noted the recent Martin Luther King, Jr. Day Celebration held at the Double Tree
Motel, and said the attendanc~ was fabulous. He had been very pleased.
Mayor Le.iken reported that he had been appointed to the Lane Council of Governments
Executive Board.
Councilor Fitch requested that the Mayor consider appointing a committee to consider the
proposal to rename Centennial Boulevard in honor of Martin Luther King, Jr. from the standpoint
of what was in the best interest of Springfield.
BUSINESS FROM THE CITY MANAGER
1. Old Olympic Right of Way Agreement.
Transportation Manager Nick Amis was present for the staff report. He said staff is requesting
that the City Council authorize the City Manager to enter into an agreement regarding the old.
Olympic right-of-way. He described the location of the property in question, and provided some
brief background, which was reflected in the agenda item summary. Mr. Arnis reviewed the main
points of the agreement reached with property owner John Hammer. He said that ifthe council
approved the agreement, staff would schedule a public hearing for the street vacation.
Councilor Ballew asked Mr. Arnis if the City was "coming out even," dollar wise, on the
agreement. Mr. Amis said yes, over the long-term. He thought the values sufficiently close.
Responding to a follow-up question from Councilor Ballew, Mr. Amis pointed out the various
easements located on the property. .
Mayor Leiken expressed pleasure at the way the City had worked with the property owner to
create a nice new industrial park. He commended City staff.
IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR
BALLEW TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH JOHN P. HAMMER PROVIDING FOR THE VACATION OF CERTAIN
SEGMENTS OF OLYMPIC STREET RIGHT-OF-WAY AND PROVIDING FOR
DEDICATION OF A MULTI-USE PATH. THE MOTION PASSED WITH A VOTE OF 5
FOR AND 0 AGAINST.
2. Other Business
Mr. Kelly noted that this was Assistant City Manager Gino Grimaldi's last meeting before his
departure to become the City of Ashland's City Administrator. He said a reception is scheduled
for Thursday, February 6 at 3:30 pm, and invited the council to attend.
~ouncilors applauded and congratulated Mr. Grimaldi.
BUSINESS FROM THE CITY ATTORNEY
There was none.
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Regular Session Minutes - February 3, 2003
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ADJOURNMENT
The meeting adjourned at 8:00 p.m.
Minutes Recorder - Kim Krebs
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