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Home My WebLink About06/30/2003 Regular . MINUTES OF THE SPECIAL REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, JUNE 30, 2003 The city of Springfield council met in special regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, June 30, 2003 at 7:00 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, Councilors Ballew, Woodrow, Burge, Ralston, Malloy and Fitch. Also present were Assistant City Manager Cynthia Pappas, City Attorney Joe Leahy, Acting City Recorder Amy Sowa and members ofthe 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 ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . 1. Other Routine Matters a. Authorize the City Manager to Execute Payment in Lieu of Taxes Agreement with the Springfield Utility Board. b. Approve Liquor License Endorsement for the Music Box, formerly El V olcan Restaurant & Bar, 535 Main Street, Springfield, Oregon. c. Approve Liquor License Endorsement for Sofia's Restaurant and Bavarian Brewery, formerly Spencer's Restaurant & Brew House, 980 Kruse Way, Springfield, Oregon. PUBLIC HEARINGS 1. Transportation System Maintenance Fee ORDINANCE NO.1 - AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE TO AN INITIATED MEASURE REPEALING ORDINANCE 6036 AND SECTION 7.600, 7.602, 7.604, 7.610, 7.620, 7.640, 7.660, 7.664, 7.666, AND 7.668 OF THE SPRINGFIELD MUNICIPAL CODE AND DECLARING AN EMERGENCY. . Technical Services Manager Len Goodwin was present for the staff report. Mr. Goodwin said that a petition containing sufficient valid signatures has been certified by the County elections division on the question of the repeal of ordinance number 6036. As a result, on or before July 2, 2003, the City is obliged either to repeal the ordinance or refer the matter to the next election, which we understand will be September 16,2003. Ifthe City refers the matter, it may also refer a companion or competing measure, or, on or before July 17, 2003 adopt the repealer ordinance and withdraw the referral to the September election. Drafts of appropriate documents for either repeal I I Springfield City Council Regular Session Minutes - June 30, 2003 Page - 2 . or referral are attached. Mr. Goodwin noted that at its meeting of June 23,2003, the Council tabled action on this matter until tonight's meeting. Mr. Goodwin said that tonight council has the option of adopting the ordinance to repeal ordinance 6036, or adopt a resolution referring this to a vote ofthe people at the next election to be held in September 2003. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. Councilor Ballew supports repealing, only because we have a large street fund problem. We will eventually have to solve our own problem. Councilor Burge is hopeful that in repealing our ordinance our County Commissioners will find it in their hearts to come up with a methodology to allocate funds more appropriately to the cities. All citizens are both city residents and county residents. There are other methods that need to be explored if a solution is not found. . IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BURGE TO ADOPT ORDINANCE NO. 6056 - AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE TO AN INITIATED MEASURE REPEALING ORDINANCE 6036 AND SECTION 7.600, 7.602, 7.604, 7.610, 7.620, 7.640, 7.660, 7.664, 7.666, AND 7.668 OF THE SPRINGFIELD MUNICIPAL CODE AND DECLARING AN EMERGENCY. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. Mayor Leiken noted that he feels the council has acted courageously in voting to repeal our ordinance. We do not have a guaranteed solution at this time, but he is hopeful a solution can be found. He referred to his state of the city address where he spoke of meeting with Mayor Torrey and a Lane County Commissioner to discuss this issue to find a solution, both short term and long term. They also had to work with the State legislature. Because the transportation bill just passed, we should be seeing some of that funding. He thanked Rep. Beyer, Commissioner Pape, City of Springfield staff and Mayor Torrey in getting this bill passed. He feels the discussions with the Board of Commissioners have been a good progress in getting a short term solution. We will begin to look for a long term solution in the next couple of years. This is step one and he is confident we will continue until we find a more permanent solution. BUSINESS FROM THE CITY MANAGER 1. Complete Negotiations for Property Purchase and Signing of the Jasper Road Agreement. Councilor Burge recused himself due to a possible conflict of interest. . Economic Development Manager John Tamulonis and City Attorney Joe Leahy were present for the staff report. Mr. Tamulonis said that council directed staffto continue negotiations on the proposed purchase of about 13.03 acres and obtain information on its market value. . Springfield City Council Regular Session Minutes - June 30, 2003 Page - 3 . Mr. Leahy explained the cost from the appraisal from John Brown of Duncan and Brown for the 13.03 acres of approximately $250,000. It is an appraised value based on the after project value. He described the costs and the money to be gained in additional sales of 'surplus' parcels and tax income. The City would pay approximately $312,720 for total costs, but could recoup if we sold the properties at those prices $116,000, which leaves a net to the City of $44,000 down the road assuming the property goes forward and we sell it after the project is done. There is no cost to the City until there is dedication from the County. This same condition applies to the railroad spur cost. He noted that if the County receives the property, but does not go forward with the project, the properties will go back to the City and no SDC's will be paid or credits on the right-of-way up to 60 feet. He said it is unusual to pay project enhanced value. Normally, if an agreement could not be reached with the property owner with fair market value, you would go to an imminent domain proceeding, acquire the property and you would have to pay the fair market value. The negotiations on the JRE agreement are nearly complete. However, during the recent review with property owners, McDougal indicated having revised estimates of costs for relocating the rail spur and asked to include revised terms in the JRE agreement. The changes will be described for Council to consider accept, modify, or reject. Payment for the rail spur would not occur until confirmation from Lane County intends to require JRE right-of-way dedication. The Council may then direct the City Manager to continue and complete the negotiations with the property owners and Lane County and authorize the City Manager to sign the JRE agreement. . The proposed purchase would include about 4.28 acres for right-of-way needed for the JRE right- of-way. (Exhibit A-I, shaded Area D) In addition there would be two 'surplus' parcels of 6.38 acres (Area A + Area C) and 2.36 acres (Area B) for later sale or other use. Milland agrees to sign the JRE agreement with the new south intersection provided there is access across Area B. Lane County agreed to extend the signing of the JRE Agreement another 45 days after May 21, 2003. That extension ends on July 5, 2003. Staff is looking to Council to authorize the City Manager to complete negotiations and sign a purchase agreement of approximately 13.03 acres from Milland Properties Limited Partnership that conforms with the Jasper Road Extension (JRE) agreement dedicating right-of-way for JRE construction and to authorize the City Manager to complete negotiations on the terms of the JRE agreement with the prqperty owners and Lane County and sign the JRE agreement. Councilor Woodrow asked if in the case the property is dedicated and the road is not built, when would the property be returned to the City. Mr. Tamulonis said it would be January 1,2010. . IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO AUTHORIZE THE CITY MANAGER TO COMPLETE NEGOTIATIONS AND SIGN A PURCHASE AGREEMENT OF APPROXIMATELY 13.03 ACRES OF THE MILLAND PROPERTIES PARTNERSHIP THAT CONFORMS WITH THE JASPER ROAD EXTENSION (JRE) AGREEMENT DEDICATING RIGHT-OF-WAY FOR JRE CONSTRUCTION AND AUTHORIZING THE CITY MANAGER TO COMPLETE NEGOTIATIONS ON THE TERMS OF THE JRE AGREEMENT WITH THE PROPERTY OWNERS AND LANE COUNTY AND SIGN THE' JRE AGREEMENT. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (1 EXCUSED). .. . . \. Springfield City Council Regular Session Minutes - June 30, 2003 Page - 4 ADJOURNMENT The meeting was adjourned at 7:20 p.m. Minutes Recorder Amy Sowa \: Attest: f2,~Jowlt-J Amy So Acting City Recorder