Loading...
HomeMy WebLinkAbout07/21/2003 Regular '., . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, JULY 21,2003 The City of Springfield council met in Regular Session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, July 21,2003 at 7:00 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, Councilors Ballew, Fitch, Woodrow, Burge, Malloy, and Ralston. Also present were City Manager Mike Kelly, Assistant City Manager Cynthia Pappas, City Attorney Joe Leahy, City Recorder Amy Sowa and members of the staff. PLEDGE OF ALLEGIANCE Mayor Leiken led the Pledge of Allegiance. SPRINGFIELD UPBEAT 1. Gary Smith, President of the Vietnam Veteran's of America Chapter 144 presented a plaque to Police Chief Jerry Smith for 'going to bat for the veterans' for the work he has done in Springfield and Eugene. . Chief Smith thanked Mr. Gary Smith and recognized the thousands of servicemen and women in the middle east who' are even more deserving of our thanks. 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. Claims 2. Minutes a. July 7, 2003 - Work Session Minutes b. July 7, 2003 - Regular Session Minutes 3. Resolutions a. RESOLUTION NO. 03-37 - A RESOLUTION TO ACCEPT PROJECT P20305 FROM LANE COUNTY PUBLIC WORKS IN THE AMOUNT OF $34.382.11. . b. RESOLUTION NO. 03-38 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO A WARD COMPETITIVE BIDS AMOUNTING TO MORE THAN $15,000 DURING THE PERIOD OF JULY 29,2003, TO SEPTEMBER 7,2003, WHILE THE CITY COUNCIL IS IN RECESS. Springfield City Council Regular Session Minutes - July 7, 2003 Page - 2 . 4. Ordinances a. ORDINANCE NO. 6062 - AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE ARTICLE 2 DEFINITIONS, BY AMENDING PORTIONS OF SECTION 2.020; ARTICLE 3 BY AMENDING THE TITLE PAGE AND SECTION 3.040; ARTICLE 33 PROPERTY LINE ADJUSTMENT STANDARDS BY AMENDING EXISTING SECTIONS AND ADDING NEW SECTIONS, ADDING ARTICLE 42 REPLAT STANDARDS; AND AMENDING APPENDIX L FEES RELATING TO REPLATS AND TYPE II SERIAL PROPERTY LINE ADJUSTMENTS; AND ADOPTING A SEVERABILITY CLAUSE (2ND READING). b. ORDINANCE NO. 6063 - AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT IN THE CITY OF SPRINGFIELD, LANE COUNTY OREGON (2ND READING). c. ORDINANCE NO. 6064 - AN ORDINANCE VACATING A PORTION OF A PUBLIC UTILITY EASEMENT IN THE CITY OF SPRINGFIELD, LANE COUNTY OREGON (2ND READING). 5. Other Routine Matters . a. Approval of a Motion to Enter into Agreement No. 20750 with the Oregon Department of Transportation (ODOT) Concerning Funding for the Reconstruction of 69th Street, B to Thurston Road, Project 20325. b. Approval to Award the Subject Contract for Project P20317, Street Improvements for South 320d Street to Eugene Sand and Gravel, Inc. in the Amount of$575,568.00. c. Approval to Direct the City Manager to Enter into an Agreement with the Developers of the Mountaingate Subdivision Substantially in Conformance with the Attached Draft Agreement. d. Approve Liquor License Endorsement for El Volcan Restaurant and Bar, Located at 535 Main Street, Springfield, OR. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS BUSINESS FROM THE AUDIENCE Councilor Woodrow read a statement on behalf of the City Council regarding the Patriot Act. 1. Polly Nelson, P.O. Box 50426, Eugene, OR. Ms. Nelson is the education director for the ACLU of Oregon. She said she is encouraged by council's decision to put this off at this time. She would like to recommend thatif council does revisit this issue they appoint a committee to research this subject. She noted the ACLU has worked with a number of organizations, both conservative and liberal. She feels there are ways for the City of Springfield to address the issues of the Patriot Act without getting in the way of federal law and she noted some examples. She said the ACLU would be glad to help in any way if council chooses to return to this issue. . Springfield City Council Regular Session Minutes - July 7, 2003 Page - 3 . 2. Len Paige, 508 S. 5th Street, Springfield, OR. Mr. Paige has been a resident of Springfield for the past 25 years. He is here to ask council to not support the Patriot Act. He is here tonight to represent folks in his neighborhood. 3. Judi Greig, 2043 Smithoak Street, Eugene, OR. Ms. Greig said she would like to. thank Mayor Leiken for all that he has done for all ofthe veterans, not only in Springfield and Eugene, but for the State of Oregon. 4. Craig Enberg, 725 D Street, Springfield, OR. Mr. Enberg spoke regarding the article in the paper with Councilor Burge's comments regarding the Patriot Act. He commended Councilor Burge's years of service to the City. He feels that this act is a violation of the 4th through the 8th amendments of the United States Constitution. He described other times in history when these types of bills have come forward, but we always come back to liberty. He would suggest a resolution stating support for local officers rather than this controversial act. 5. Christine Paige, 508 S. 5th Street, Springfield, OR. Ms. Paige said she has a page stating why we should not come out in favor of the Patriot Act which she feels is highly unconstitutional legislation. She noted the 1 S\ 4th, 5th and 6th amendments of the constitution. She feels it is important that our city not state a favorable opinion of this unconstitutional legislation. She would like to see the city come out against this act. She said she is a patriotic citizen who votes and she feels this is appalling. People will lose their rights. . 6. Dennis Shine, 2923 GameFarm Road, Springfield. OR. Mr. Shine said he would like to fIrst thank the city council for the way in which they handled the Martin Luther King issue. It reflected very well on Springfield. One of the features he felt made that process work so well, was the committee appointed by the Mayor and Councilor Fitch. He would suggest that if they revisit the issue regarding the Patriot Act, that they form a committee to review this issue. He referred to the statement read by Councilor Woodrow and said the act itself has local implications. He discussed the issue with the Library and Library records that is part of the act. He also felt councilors' views should be held until after deliberation. Mr. Shine also referred to injustices that occurred during WWII. He feels this subject should be looked at seriously. 7. Kate Wallace, 2923 GameFarm Road, Springfield, OR. Ms. Wallace is the current president of the Friends of the Springfield Public Library. She addressed three issues: I) She feels this is not just a national issue, but it is a local issue. She noted the issues the Library and Librarians face because of items in the Patriot Act. 2) She suggests a committee is formed to look at this issue. 3) She said time needs to be taken on this, not rushed like the original Patriot Act was. 8. Steve Andreason, 585 Hamilton Street, Springfield, OR. Mr. Andreason is here to speak against the Patriot Act. He said the Patriot Act was passed following the September 11 terrorist attack and was created in a time of fear. He described some of the items in the Patriot Act and how they violate the amendments ofthe constitution. He gave a brief history of the Patriot Act and how it was presented. He noted the unacceptable parts of the Patriot Act. He feels a free and open society is the only true anecdote to terrorism. . 9. Milt Cunningham, 1605 Carter Lane. Springfield, OR. Mr. Cunningham is speaking for he and his wife. Mr. Cunningham said he is a veteran of the South Pacific WWII and is very proud of the United States and the Constitution and Bill of Rights. He said that we were the Springfield City Council Regular Session Minutes - July 7, 2003 Page - 4 . nation that established freedom for the ordinary people. He spoke in opposition of the Patriot Act which he believes strips citizens of the important guarantees of the Constitution. He said many U.S. citizens have been arrested without warrant and detained in secrecy and without recourse to an attorney. He said he is more afraid of a government that has given itself the power to own the most intimate comers of his life than of a terrorist act. He said the true patriot will stand against the Patriot Act. 10. Anita Russell, 521 5th Street, Springfield, OR. Ms. Russell is a native Oregonian and an American. She said her grandfather taught her that as Americans we had the honor to read and understand our American Constitution and our Bill of Rights. She said we have the privilege to review the actions of our government and to petition for change. She feels we have the duty to defend our Constitution and Bill of Rights from attack, no matter whether that attack is foreign or domestic. As elected officials, she feels the councilors have a duty to defend our Bill of Rights and the American Constitution. She said in reading the Patriot Act she believes that a large portion of it is editor's notes. She feels the changes being made in this document may not be in our best interest. She referenced sections 216 and 222 regarding landlords wire tapping tenants. She described some ofthe other discrepancies in the Patriot Act. She asked c;ouncil to vote against the Patriot Act. . 11. Tammam Ad, 530 E. 50th Avenue, Eugene. OR. Mr. Ad is the Director of the Islamic Cultural Center in Eugene. Mr. Ad noted that he visits Springfield and has family in Springfield. Mr. Ad said that before September 11, he enjoyed freedom, but he cannot say that anymore. He discussed instructions by the Attorney General to survey every Mosque in America. He said they no longer have religious freedom in America. 12. Michael McIlrath, 916 G Street, Springfield, OR. Mr. McIlrath said he is speaking in opposition of the Patriot Act. He said he feels the statement read by the Council seems to be an abdication of their duty. He discussed other issues that are originally Federal, but affect local citizens that the council deals with all the time. He said there are things in the Patriot Act that dramatically change our legal landscape. He asked council to read the Act and study its contents. He noted many sources of reference to learn more about the Patriot Act. 13. Peter Chebarek, 1188 Beebe Lane. Eugene, OR. Mr. Chebarek is a member of the Lane County Bill of Rights Defense Committee and is here to speak on the Patriot Act. Mr. Chebarek spoke about the September 11 attacks and that his brother was in the World Trade Center at that time, but was fortunate to survive. Nonetheless, he is opposed to the Patriot Act because he feels it is in direct violation of our Bill of Rights. He noted some examples from the Patriot Act where this is the case. He feels that this is not the America that our veterans, including his father, fought for. He noted Republicans who are also against this act. He noted that 13 7 cities and counties and 3 entire states throughout the nation have passed resolutions condemning the Patriot Act. He asked council to remember the constitution they were elected to uphold as they deliberate this matter. 14. Michael B. Smith, 7370 B Street. Springfield, OR. Mr. Smith said he was here in opposition to the Patriot Act. It is a bad law and a bad idea for the many reasons stated here tonight. He referred to a quote in the paper by a councilor. He noted that there are many Americans who are opposed to this Act. . 15. Nadia Sindi, 3950 Goodpasture Loop, Eugene, OR. Ms. Sindi is an Arab-American and a Muslim. She noted that the majority of Muslims are in Indonesia, then India and then Springfield City Council Regular Session Minutes - July 7, 2003 Page - 5 . Pakistan. Saudi Arabia is twelfth. She feels the Patriot Act is against Arabs and Muslims and not against anyone else. She said she has been searched and has no rights. She has lived in America for 32 years and is an American. She said to please be considerate ofthis group and do not target them. 16. Gary VanderMeer, 2604 J Street. Springfield, OR. Mr. VanderMeer thanked Councilor Burge for bringing this issue to the agenda. He noted that these are changing times with threats unimaginedjust a few years ago. He discussed arrests made of terrorists in Oregon. He feels only the Federal government has the resources to combat these forces. He discussed other speakers concern of possible abuse of government authority and yet he noted that the federal government already uses their power in other situations and this did not just stem from the September 11 event. He said he believes that those who spoke tonight are sincere, but some may have a political agenda. He hopes the statement read by Councilor Woodrow is adopted. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence from Ellen Columbo, 125 Dorsa Street, Junction City, Oregon Regarding Sony Corporation. . 2. Correspondence from Clara Shevchynski, 2315 Marcola Road, Springfield, Oregon Regarding Lawsuit and Violations on Property. 3. Correspondence from Nick Shevchynski, 2347 Marcola Road, Springfield, Oregon Regarding Fire Hydrant Repairs. 4. Correspondence from Mike Newman, 617 N. 11th, Cottage Grove, Oregon Regarding Notice by the City Pertaining to the Fire at 2315 Marcola Road. 5. Correspondence and Packets from Charles Lucier, 862 G Street, Springfield, Oregon Regarding the USA Patriot Act. 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 6 FOR AND 0 AGAINST. BIDS ORDINANCES' BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments 2. Business from Council . a. Committee Reports Springfield City Council Regular Session Minutes - July 7, 2003 Page - 6 . 1. Councilor Woodrow announced that the McKenzie Watershed Council Director, Jim Thrailkill, has given notice that he will be leaving the council. They will be looking for a new director. He said that Mr. Thrailkill has done an excellent job as director and will be missed. Mr. Thrailkill will remain on the council until September as they look for a new director. b. Other Business BUSINESS FROM THE CITY MANAGER 1. Award of Contract for Project P5028l: Storm water Facility Master Plan. Stormwater Facilities Planner George Walker was present for the staff report. Mr. Walker said the Storm water Facility Master Plan will identify current and long-term stormwater infrastructure capacity and capital improvement needs, and will result in an updated long-term stormwater CIP. The City's current collection of fragmented plans is now over twenty years old. Updating these plans with one comprehensive facility master plan is vital to the City's ability to provide infrastructure for future community growth. . The Storm water Facility Master Plan is a major part ofthe City's water resources management strategies. The long-term desired outcomes from these efforts have been reviewed by the city council annually since 1999, and include: 1. Citizens and property are protected from flooding; 2. Compliance with requirements reduces risks of 3rd party lawsuits or enforcement actions; 3. Safe groundwater for drinking; 4. Surface waters are safe for people and aquatic life; 5. Urban drainageways are community amenities; 6. Citizens, businesses, and industries understand need to protect water quality and do their part; and 7. Development community gains certainty and community growth is not constrained by lack of planning or facilities. This plan will focus on long-term outcomes 1 and 7 listed above. However, the information generated by this project will also support the other long-term goals. The consultant services provided under this contract will: 1) develop a single comprehensive Stormwater Facilities Master Plan for use by the Public Works and Development Services Departments; 2) identify cost-effective short-and long-term CIP projects to control local flooding and property damage; 3) support the development community by documenting existing system information, characteristics and capacities; 4) provide data to the City's Stormwater Management . Program Plan (required under the Federal National Pollutant Discharge Elimination System (NPDES) permit program); and 5) provide guidance for operations, maintenance and ongoing assessment of the hydrologic, hydraulic, and water quality models, and the City's stormwater facilities. . Seven proposals were received in response to this RFP, and a Public Works selection committee selected URS Corporation. A scope of work, project tasks and deliverables, and a payment schedule was negotiated from the submitted consultant proposal. Funding for this contract and the supporting data acquisition is allocated in the Public Works FY 03-04 CIP in the amount of $350,000, and the contract amount of $272,590. Springfield City Council Regular Session Minutes - July 7, 2003 Page - 7 . Mr. Walker said the project is set up as a collaborative effort of staff and consultant tasks. The staff members who participate in the development of the master plan will do the ongoing monitoring, calibration and maintenance ofthe study. The master plan is conceived as a working and adaptive plan to fit the Springfield needs for years to come. Councilor Ballew asked ifCH2M Hill had made a proposal for this project. Mr. Walker said they were one of the three fmalists for this project. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO APPROVE THE CITY MANAGER TO AWARD THE SUBJECT CONTRACT TO URS CORPORATION IN THE AMOUNT OF $272,509. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Springfield Utility Board Streetlighting Agreement. . Transportation Manager Nick Arnis was present for the staff report. Mr. Arnis said that currently there are 3,334 streetlights in the City inventory with 1,100 of these lights mounted on SUB utility poles. The City and SUB negotiated the first streetlight agreement in 1985 for the City to pay SUB to perform streetlight maintenance on City owned lights regardles";' of what agency owned the pole where the light was located. This is the first update of that agreement. The updated agreement calls for SUB to continue to provide maintenance on City street lights. The following are major changes in the agreement: · Defines what electric code governs which type of installations · Commits the City to use a limited number of new streetlight types, to reduce SUB's obligation to maintain parts inventories · Better coordination of streetlight installations and records · Commits SUB to correct outages within two weeks of notice and never take more than four weeks to fix an outage · Requires SUB to provide a detailed labor and materials cost report each year. Maintenance cost increases under the revised agreement will probably increase to about $95,000 annually from $70,000. Most of this is due to SUB updating streetlight records and maps, recovering costs to correct code violations on poles, and adding streetlights to the billing system that were not being billed previously. Staff has reviewed the projected cost increase and found it accurate and reasonably calculated. The increase will pose challenges for meeting the current budget. Staff may find it necessary to recommend that additional Street Fund reductions be used to cover the estimated $25,000 maintenance cost increase. In the alternative, a combination of State, County, and local strategies may substantially improve the Street fund balance and cover this streetlight maintenance cost increase. Councilor Ballew asked where the financing for street lighting comes from. Mr. Arnis said it is from the Street Fund. . Councilor Malloy asked what we might have to give up ifthe funds have to come from the existing Street Fund. Springfield City Council Regular Session Minutes - July 7, 2003 Page - 8 . Mr. Amis said he did not know at this time. He said they will know mid-year exactly how much the City is being charged. It may mean reducing things in our capital budget. Technical Services Manager Len Goodwin said that senate did pass OTIA III which is the state transportation funding package. He feels this probably means we will not need to make any reductions to cover the cost. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE, INTERGOVERNMENTAL AGREEMENT WITH SPRJNGFIELD UTILITY BOARD (SUB) FOR STREETLIGHT MAINTENANCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned at 7:40 p.m. Minutes Recorder Amy Sowa < . Attest: ~bw0 Amy So City Recorder .