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HomeMy WebLinkAbout03/10/2003 Regular . MINUTES OF THE REGULAR SESSION OF THE SPRINGFIELD CITY COUNCIL HELD ON MONDAY, MARCH 10, 2003 The Springfield City Council met in regular session at Springfield City Hall, Council Meeting Room, 225 Fifth Street, Springfield, on Monday, March 10,2003 at 7:02 p.m., 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, AlC Assistant City Manager Cynthia Pappas, City Recorder Kim Krebs and members of the staff. PLEDGE OF ALLEGIANCE Mayor Leiken led the Pledge of Allegiance. SPRINGFIELD UPBEAT 1. Mayor Leiken presented Mrs. Alice Hatfield with the Lane Council of Governments "Outstanding Elected Official" award for her late husband, Lyle Hatfield. . Mayor Leiken and George Kloeppel were present for this special presentation. Mayor Leiken also presented Mrs. Hatfield with the letter of nomination from City Manager Mike Kelly for the award and an article from the League of Oregon Cities honoring Lyle Hatfield. The Mayor acknowledged those in the audience who were there to in honor of Lyle Hatfield which included Mayor Torrey, Councilor Meisner, Commissioner Morrison, former Councilors Lundberg and Simmons and Jamon Kent from LCOG. Alice Hatfield thanked everyone for their support and the honor. 2. City Manager Mike Kelly recognized Jack Lindstrom from the Human Resources Department for 15 Years of Service to the City of Springfield. 3. City Manager Mike Kelly recognized Gary McKenney from the Public Works Department for 15 Years of Service to the City of Springfield. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 1. Claims . a. Approve the December 2002 Quarterly Financial Reports. b. Approve the January 2003 Disbursements for Approval. 2. Minutes . City of Springfield City Council Regular Session, March 10, 2003 Page 2 . a. January 16,2003 - TEAM Springfield Joint Elected Officials Meeting b. February 3, 2003 - Work Session c. February 3, 2003 - Regular Session 3. Resolutions a. RESOLUTION NO. 03-10 - A RESOLUTION TO ACCEPT PROJECT P20198 FROM WILDISH CONSTRUCTION IN THE AMOUNT OF $455,509.47. b. RESOLUTION NO. 03-11 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30231 : GATEWAY STREET AND GAME FARM ROAD EAST TRAFFIC SIGNAL. c. RESOLUTION NO. 03-12 - A RESOLUTION TO ACCEPT AS COMPLETE PERMIT P30242: GAME FARM ROAD WIDENING, GAME FARM ROAD SOUTH OF THE BEL TLINE HIGHWAY AND GAME FARM ROAD INTERSECTION. d. RESOLUTION NO. 03-13 - A RESOLUTION TO ACCEPT PROJECT P30292: JASPER MEADOWS FIRST ADDITION, MOUNT VERNON ROAD AND SOUTH 59TH STREET. 4. Ordinances 5. Other Routine Matters . a. Approve Endorsement of OLCC Liquor License Application for China Sun Buffet, Located at 3260 Gateway Street, Springfield, Oregon. b. Approve Endorsement ofOLCC Liquor License Application for EI Volcan Restaurant Bar, formerly Hollywood Taxi, Located at 535 Main Street, Springfield, Oregon. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 1. Rainbow Water District Withdrawal C SP 02-31 (Expedited Procedure) Benson-Journal Number LRP2002-12440. ORDINANCE NO. 6043 - AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY OWNED BY BENSON, LOCATED IN WEST SPRINGFIELD, SOUTH OF CENTENNIAL BOULEVARD, EAST OF ANDERSON LANE, SOUTHWEST OF KELLOGG ROAD, AND IDENTIFIED AS APPROXIMATELY .38 ACRES INVOLVING TAX LOT 701 Tl7S R03W S33 MAP 11: HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT. . Planner Kitti Gale was present for the staff report. Ms. Gale said the Oregon Revised Statutes (OR 222.520) require that territory located in the Rainbow Water District, which is annexed to the City of Springfield, be withdrawn from that district to prevent double taxation. ORS requires withdrawal prior to March 31 sl of each calendar year. The owner requested annexation in order to develop the property for urban use. The subject property was annexed to the City of Springfield effective on December 30, 2002. . City of Springfield City Council Regular Session, March 10, 2003 Page 3 . Ms. Gale said that legal notice was published in the Springfield News ten days prior to the public hearing and notices were posted in five public places. A second reading and adoption will be conducted on March 17,2003. Councilor Ballew asked why we can't do these at the time of annexation, so that it is all done at the same time instead of holding an additional hearing. City Manager Mike Kelly said it has to do with the tax code by Lane County. Staff can talk to the Lane County Boundary Commission to see if that would satisfy the hearing on this matter. Councilor Fitch said it would mean that when Council recommends a property for annexation it would be with the understanding that pending approval from the Boundary Commission, detachment would occur at that time. Mayor Leiken opened the public hearing. No one came forward to speak. Mayor Leiken closed the public hearing. 2. Rainbow Water District Withdrawal C SP 02-33 (Expedited Procedure) Ruhoff-Journal Number LRP2002-12441. . ORDINANCE NO. 6044 - AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY OWNED BY RUHOFF, LOCATED IN WEST SPRINGFIELD, SOUTH OF CENTENNIAL BOULEVARD, WEST OF ASPEN STREET, AND IDENTIFIED AS APPROXIMATELY .95 ACRES INVOLVING TAX LOTS 300 AND 400 Tl7S R03W S34 MAP 23: HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT. Planner Kitti Gale was present for the staff report. Ms. Gale said the Oregon Revised Statutes (OR 222.520) require that territory located in the Rainbow Water District, which is annexed to the City of Springfield, be withdrawn from that district to prevent double taxation. ORS requires withdrawal prior to March 31 st of each calendar year. The owner requested annexation in order to develop the property for urban use. The subject property was annexed to the City of Springfield effective on December 30, 2002. Ms. Gale said that legal notice was published in the Springfield News ten days prior to the public hearing and notices were posted in five public places. A second reading and adoption will be conducted on March 17,2003. Mayor Leiken opened the public hearing. No one came forward to speak. Mayor Leiken closed the public hearing. . 3. Rainbow Water District Withdrawal C SP 02-23 Final Order 1204 Arlie & Company-Journal Number LRP2002-12445. . . City of Springfield City Council Regular Session, March 10, 2003 Page 4 ORDINANCE NO. 6045 - AN ORDINANCE WITHDRA WING CERTAIN REAL PROPERTY OWNED BY ARLIE & COMPANY, LOCATED WEST OF BALDY VIEW LANE AND SOUTH OF DEADMOND FERRY ROAD, AND IDENTIFIED AS APPROXIMATELY 12.4 ACRES INVOLVING TAX LOTS 100 AND 200, Tl7S R03W S22: HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT. Planner Kitti Gale was present for the staff report. Ms. Gale said the Oregon Revised Statutes (OR 222.520) require that territory located in the Rainbow Water District, which is annexed to the City of Springfield, be withdrawn from that district to prevent double taxation. ORS requires withdrawal prior to March 31 st of each calendar year. The owner requested annexation in order to develop the property for urban use. The subject property was annexed to the City of Springfield effective on December 30, 2002. Ms. Gale said that legal notice was published in the Springfield News ten days prior to the public hearing and notices were posted in five public places. A second reading and adoption will be conducted on March 17,2003. Mayor Leiken opened the public hearing. No one came forward to speak. Mayor Leiken closed the public hearing. . 4. Rainbow Water District Withdrawal C SP 02-11, Final Order 1196 Peace Health-Journal Number LRP2002-12442. ORDINANCE NO. 6046 - AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY OWNED BY PEACE HEALTH, LOCATED EAST OF BALDY VIEW ROAD, SOUTH OF DEADMOND FERRY ROAD AND IDENTIFIED AS APPROXIMATELY 59 ACRES INVOLVING TAX LOTS 1200, 1600, 1800, T17S R03W S14: TAX LOT 2200, T 17S R03W S15 MAP 40: PART OF TAX LOT 1000 AND PART OF TAX LOT 1001. Tl7S R03W S22: TAX LOTS 600, 601. 602, 700, 800, Tl7S R03W S23: HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT. Planner Kitti Gale was present for the staff report. Ms. Gale said the Oregon Revised Statutes (OR 222.520) require that territory located in the Rainbow Water District, which is annexed to the City of Springfield, be withdrawn from that district to prevent double taxation. ORS requires withdrawal prior to March 31 st of each calendar year. The owner requested annexation in order to develop the property for urban use. The subject property was annexed to the City of Springfield effective on December 30, 2002. Ms. Gale said that legal notice was published in the Springfield News ten days prior to the public hearing and notices were posted in five public places. A second reading and adoption will be conducted on March 17,2003. Mayor Leiken opened the public hearing. . No one came forward to speak. . . City of Springfield City Council Regular Session, March 10, 2003 Page 5 Mayor Leiken closed the public hearing. 5. Rainbow Water District Withdrawal C SP 02-14 (Expedited Procedure), Bayberry-Journal Number LRP2002-12444. ORDINANCE NO. 6047 - AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY KNOWN AS BAYBERRY COMMONS, LOCATED IN WESTERN SPRINGFIELD, SOUTH OF HARLOW ROAD, WEST OF PIONEER P ARKW A y, EAST OF LAURA STREET, AND NORTH OF'S' STREET AND IDENTIFIED AS APPROXIMATELY 3.6 ACRES INVOLVING TAX LOTS 1200 AND 1300 Tl7S R032 S27 MAP 10: HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT. Planner Kitti Gale was present for the staff report. Ms. Gale said the Oregon Revised Statutes (OR 222.520) require that territory located in the Rainbow Water District, which is annexed to the City of Springfield, be withdrawn from that district to prevent double taxation. ORS requires withdrawal prior to March 31 st of each calendar year. The owner requested annexation in order to develop the property for urban use. The subject property was annexed to the City of Springfield effective on December 30, 2002. Ms. Gale said that legal notice was published in the Springfield News ten days prior to the public hearing and notices were posted in five public places. A second reading and adoption will be conducted on March 17,2003. . Mayor Leiken opened the public hearing. No one came forward to speak. Mayor Leiken closed the public hearing. NO ACTION WAS TAKEN. THIS WAS A FIRST HEARING ONLY. BUSINESS FROM THE AUDIENCE 1. Curtis Greer, 357 55th Street. Springfield, OR. Mr. Greer said this Council has an opportunity to rise above the oppressive way governments usually act. He feels they do have the means to do this. He hopes they do not follow like sheep what others do, but will rise to the challenge and change course to show what they can do. He said that "we the people" will help when given the chance. 2. Michael O'Connor, 561 Nicholas Drive, Springfield OR. Mr. O'Connor said he is here for the second time regarding gas taxes. He feels council has already brought in the fee behind citizens backs with very little comment and outrage from the community. He said now they intend to tax citizens again through the gas stations. He said gas prices are outrageous. He said at this time there is not a desperate shortage of funds for the road. The emergency ordinance that was in the many years in the making was for future use, not current issues. We are not Eugene, and we need to follow our own rules of Springfield. The citizens didn't elect the council for increasing taxes. He said citizens have passed many levies put before them, but this is a tax and was not on an election ballot. . COUNCIL RESPONSE . City of Springfield City Council Regular Session, March 10, 2003 Page 6 . CORRESPONDENCE AND PETITIONS 1. Correspondence from Mr. & Mrs. J.W. Brinton, 1335 Centennial Boulevard, Springfield, Oregon, Regarding the proposed name change of Centennial Boulevard. (Please note a copy of this correspondence was submitted into the record of the Peace Health Hearing as it addresses that issue as well). 2. Correspondence from Carol-Lee Fletcher 5884 E Street, and Janice Cagle 5859 E Street, Springfield, Oregon, Regarding traffic problems on No. E Street, 58th to 61 st. 3. Correspondence from Sandra Rennie, 6222 Thurston Road, Springfield, Oregon, Regarding traffic problems on No. E Street 58th to 61 st Street. 4. Correspondence from Dan Smith, Bay Area Hospital, 1775 Thompson Road, Coos Bay, Oregon, Regarding the Requested Peace Health Plan Amendment #2002-08-243/#2002-08- 244. 5. Correspondence from Neva Rebuck, 1128 56th, Springfield, Oregon, Regarding the Back up of Gutters in Front of Her Home as a Result of a Stand Alone Basket Ball Hoop. 6. Correspondence from Roxie Cuellar, Home Builders Association of Lane County, 2053 Laura Street, Springfield, Oregon, Regarding Proposed MWMC SDC Amendments. [Please see attached staff response] . City Attorney Tim Harold made comment regarding correspondence # 1 which was already filed in the PeaceHealth record. He also noted that correspondence #4 relates to the PeaceHealth issue which is already closed so it will not be entered into the record, but simply accepted by council. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO ACCEPT THE CORRESPONDENCE FOR FILING. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. BIDS ORDINANCES 1. Local Fuel Tax. ORDINANCE NO. 6042 - AN ORDINANCE IMPOSING A BUSINESS LICENSE TAX ON MOTOR VEHICLE FUEL DEALERS, PROVIDING FOR ADMINISTRATION, ENFORCEMENT AND COLLECTION OF THE TAX: ADDING SECTIONS 7.500, ET SEQ., TO THE SPRINGFIELD MUNICIPAL. Technical Services Manager Len Goodwin was present for the staff report. Mr. Goodwin said that the Council has had a first reading and conducted a public hearing on the attached draft ordinance imposing a local fuel tax. Having considered the testimony at the hearing and all information presented by staff, the Council should now consider whether to adopt the ordinance following a second reading. . . . City of Springfield City Council Regular Session, March 10, 2003 Page 7 Mr. Goodwin said the on February 24,2003, the council conducted a public hearing on the attached ordinance. The ordinance was prepared at the direction of the Council at the time it adopted Ordinance 6036, imposing a Transportation System Maintenance Fee. In discussions preceding the adoption of that ordinance, the Council indicated it believed such fees should be imposed in conjunction with a local fuel tax, because the combination of the two alternatives would permit each to be imposed at a lower rate, and would provide a more equitable solution to revenue needs than would either alternative alone. Since then, the City of Eugene, on January 27, 2003, passed an ordinance imposing a local fuel tax of $0.03 per gallon. The draft ordinance attached in the packet has been modeled on the Eugene ordinance, with certain changes based on comments from the Oregon Department of Transportation ("ODOT"), whom the staff anticipates will administer the local fuel tax. Staff estimates that this tax will produce revenue of about $675,000 annually. If the ordinance is approved, staff will begin discussion with ODOT concerning an intergovernmental agreement authorizing ODOT to be the tax administrator. Staff believes those discussions could be completed in time for implementation sometime shortly after July 1,2003. Staff recommends that the proposed ordinance be adopted. Mr. Goodwin said he would like to point out that this ordinance is a second step in a process to provide revenues to assure that the city's street fund doesn't become insolvent by the end ofthe next calendar year. He pointed out that there is one typographical error in the Ordinance on page 2, Section 7.504 (b) which states the rate at $0.04 per gallon, but as council knows, throughout discussions and deliberating, council has agreed to a $0.03 cents per gallon tax. Councilor Woodrow asked Mr. Goodwin if it was true that this is for future use or is it to augment what we need this year. . Mr. Goodwin said this is what we need beginning in July 2003. The proposal going to the City Manager in April shows approximately $IM in reductions. Without the TSMF and gas tax, the street fund would become insolvent sometime in December 2003. Councilor Burge asked Mr. Goodwin about Section 7.548, page 6, subsection 2 regarding revenues that were for road maintenance. He asked why the word construction is listed as one of the uses for this revenue. Mr. Goodwin said that section is designed to track the same language as that in the Oregon State Constitution which restricts the use of fuel taxes to those purposes. Councilor Burge said this is a city ordinance, not a state ordinance, and the understanding is that the need for this money is to maintain existing streets. He said that this would infer that these funds would be used for capital and for construction of new streets. He feels that is not what it is proposed to be. Mayor Leiken pointed out a couple things from the state level. The state legislature is apparently not going to move forward on a $0.03 cent gas tax and there are planned hearings for pre- emptions of the transportation maintenance fee. His guess is that once the pre-emption is put forward and hearings begin there will be a movement. He asked Bob Duey and Len Goodwin about index for inflation, and if comparatively speaking the gas prices are equal to those compared to the 1978 prices. . Mr. Goodwin said as he recalls these prices are adjusted for inflation, and they remain below those at the time of the oil embargo in the late 1970's. . . . . City of Springfield City Council Regular Session, March 10,2003 Page 8 Mayor Leiken is concerned about what the state legislature is and isn't going to do. Councilor Fitch said many alternatives have been reviewed. She said we are coming to the realization that the state is not going to help us solve this local problem, and the County's participation with us has decreased to less than half of what it was five years ago. She said there is a need for us to maintain the asset we have at the local level. She said she is not sure ifthis is the best solution, but it is the best we have received to this date. She will again state, for Councilor Burge, that if funds come from another source she will be the first to second a motion to reduce the transportation fee and if possible the gas tax. It is very costly to live, and we are looking at ways every way to reduce the costs of government and at the same time providing citizens what they need. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW TO ADOPT ORDINANCE NO. 6042. THE MOTION PASSED WITH A VOTE OF 3 FOR AND 2 AGAINST (RALSTON, BURGE) BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments 2. Business from Council a. Committee Reports Councilor Ballew attended the Metropolitan Policy Committee (MPC) subcommittee meeting for Councilor Fitch. She said the point was to explore a way to increase public participation. Councilor Fitch reported on the United Front trip which she and the Mayor attended in Washington DC. She said money is tight and it is no different back in Washington DC. 1-5 Beltline was well received, and they were very pleased to see that we have come to a consensus. Mill Race is another project the Corps of Engineers is happy to see. She said we now need to step back, follow up, and hope some of the money we are requesting will come back. Mayor Leiken said while on the United Front trip they attended a reception where the Chief of the Forest Service showed up. The Chief stayed for quite some time meeting with folks from Oregon. There is continued concern of fighting forest fires. General Griffen from the CORPS was present and reiterated that the Mill Race is very good project and they are proud to be a part of that project. Mayor Leiken said that Tony Hawk's film crew was in town on Friday doing a film on the construction of the Skate Park at Willamalane. Oregon is ranked # 1 in the nation regarding building skateboard parks for the youth. He also noted the Tony Hawk is the #1 rated athlete in the world for youth age 10-16. Mr. Hawk will be here in person for the grand opening for the skate park in May. Councilor Fitch reported on the BRT station funding in regards to the United Front trip. She said a supplemental budget may occur and they may find some money in that. L TD is committed to the downtown station and are evaluating different possibilities. Councilor Ralston asked if there were any complaints received about the appliance store, leaving appliances outside of their building. <II ,~ , ... . . . City of Springfield City Council Regular Session, March 10, 2003 Page 9 AlC Assistant City Manager Cynthia Pappas said they have received a complaint in the past and it has been addressed by Jackie Murdoch or Cindy Mott. She will consider this a second complaint and have them pursue it again. She said part ofthe ordinance does prohibit outdoor storage without screening. b. Other Business BUSINESS FROM THE CITY MANAGER BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned at 7:45 p.m. Minutes Recorder - Kim Krebs ATTEST: ~ty~ \: \