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HomeMy WebLinkAbout10/06/2003 Regular . City of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, OCTOBER 6,2003 The City of Springfield council met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, October 6,2003, at 7:00 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, Councilors Ballew, Burge, Fitch, Malloy, and Woodrow. 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. Councilor Ralston was absent (excused). PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Leiken. SPRINGFIELD UPBEAT . 1. Fire and Life Safety Investigator of the Year Award - Joe Wicks. Fire Chief Dennis Murphy acknowledged Deputy Fire Marshal Joe Wicks and his receipt of the Fire and Life Safety Investigator of the Y ear Award from the Arson Investigators. Chief Murphy gave a brief history of Deputy Wicks work experience in the field of arson investigation and the contributions he has made in this field. Mr. Wicks is the Hazardous Materials Program Coordinator for the city and he also volunteers ~s a reserve sergeant with the Coburg Police Department. Mayor Leiken thanked Mr. Wicks for his service on behalf of himself and the council. 2. Recognition of Rich Harrison, Police Department. for 25 Years of Service to the City of Springfield. City Manager Mike Kelly recognized Rich Harrison for 25 years of service to the City of Springfield. Mr. Kelly acknowledged some of Captain Harrison's past experience with the Police Department. He noted some of the memories that Captain Harrison shared from the past 25 years. 3. Recognition of Rich Charboneau, Police, for 25 Years of Service to the City of Springfield. . City Manager Mike Kelly recognized Rich Charboneau for 25 years of service to the City of Springfield. Mr. Kelly acknowledged some of Sargeant Charboneau's past experience with the Police Department. He noted some of the memories that Sargeant Charboneau shared from the past 25 years. Council Regular Meeting Minutes October 6, 2003 Page 2 . 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 1. Approval of the Financial Reports for June 30, 2003. 2. Minutes a. September 8, 2003 - Work Session b. September 8, 2003 - Special Regular Meeting c. September 15, 2003 - Work Session d. September 15,2003 - Regular Meeting e. September 22,2003 - Work Session f. September 22, 2003 - Special Regular Meeting 3. Resolutions 4. Ordinances 5. Other Routine Matters . a. Bid Award for Sound Consultant to Daly Standlee for the Southern 2300' Portion of the Martin Luther King Jr. Parkway (MLK Parkway) in the Amount of $16,000. b. Approve Liquor License Endorsement for Circle K /76 #5468, Located at 5720 Main Street, Springfield, OR. c. Approve Liquor License Endorsement for Circle K /76 # 5557, Located at 3520 Gateway Blvd., Springfield, OR. d. Approve Liquor License Endorsement for Courtyard by Marriott, Located at 3443 Hutton Street, Springfield, OR. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 1. Annexation of Property (Williams) to the City of Springfield, Journal Number LRP 2003- 00003. RESOLUTION NO. 03-47 - A RESOLUTION TO WITHHOLD INITIATION AND SUPPORT OF THE ANNEXATION PETITION BY MR. STEVE WILLIAMS OF CERTAIN TERRITORIES TO THE CITY OF SPRINGFIELD TO THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION. . City Planner Mel Oberst presented the staff report on this issue. Mr. Oberst said the council considered this issue at the June 16th regular meeting. The application was incomplete and the applicant requested a continuation of the hearing so they could revise and perfect their submittal. The council granted the request. The applicant has submitted nothing to the city since June 16th. Council Regular Meeting Minutes October 6, 2003 Page 3 . The property owner ofthe subject territory has submitted a request to annex a 9.53 acre hillside site into the Springfield city limits in order to develop property located south of Holly Street and Southeast of South 720d Street. The property is within the City of Springfield's Urbanizable Fringe Overlay District. Springfield Development Code 6.030(2)(a) authorizes the City Council to initiate annexation when the territory in the annexation proposal can be provided with the minimum level of key urban facilities and services, as defmed in Eugene-Springfield Metro Area General Plan Policy 8, page Ii-B-4 because several key urban services: storm drainage capacity, legal access to public streets and fire protection services are not available to serve the property in an efficient and timely manner. Since a minimum level of key urban services cannot be provided, staff reconvnends that the City Council withhold their initiation of and support for the annexation request at this time. Staff recommends that the council adopt a resolution stating that the annexation is not in conformance with the Eugene-Springfield Metro Area General Plan. Staff also recommends that the council instruct the applicant that a future annexation submittal comprise only that portion of the parcel that can be served by the city at this time. The applicant has failed to demonstrate that these and other key services can be provided to the area in an orderly and efficient manner. Annexation of the parcel is a finding by the city that it can provide key urban services to the entire annexed area, when in fact; the city cannot at this time. Mr. Oberst suggested at that time, that the applicant submit a proposal for a smaller portion of the property. The owner may wish to consider submitting a modified proposal for a smaller annexation area to be served by existing streets and storm drainage systems. . Mayor Leiken opened the public hearing. 1. Mike Farthing, 767 Willamette Street, Suite 203, Eugene, OR. Mr. Farthing represents the applicant, Steve Williams. Mr. Farthing said they have not spoken further with staff because nothing has changed regarding their request. He discussed some of the issues regarding access and stormwater. He noted, however, that the issue to council is whether or not services can be provided at some point in time and will there be a logical area of time in which those services can be provided. He said inclusion in the UGB of any property addresses the logic and timing of that criterion. He noted some of the problems on this property and acknowledged that it is a difficult one for council. He said council must decide at what point services are required to be available, what those services must be and the likelihood of those services being extended. He noted other annexations the council has approved that also faced difficulties with services, although less difficulties than this property. He feels that services will be available in the next 5-10 years. He said road access is a primary issue and he must wait for other properties to develop. Mr. Farthing said the applicant, Mr. Williams, would consider revising their application to include just the northwest comer as Mr. Oberst suggested if council feels that would be advisable. Mayor Leiken asked about the time frame Mr. Williams is looking at in developing this property with the challenges they face due to terrain. . Mr. Farthing said the owner is looking at this as a long range project for the nine acres. He noted there are some lots that could be developed at this time that have services available to them at this point. Mr. Williams would like to have the annexation process behind him and be in a position to move when other property owners move forward. Council Regular Meeting Minutes October 6, 2003 Page 4 . Councilor Burge asked why Mr. Williams did not revise his application when staff first brought this to his attention. Mr. Farthing said he may choose to resubmit his application at this time. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO ADOPT RESOLUTION NO. 03-47. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. Councilor Fitch added that ifMr. Williams does choose to resubmit, council would be interested in looking at the amended application. 2. Amendment to Article 40 of the Development Code, Adding Automobile and Light Truck Sales to the List of Permitted Uses in the Downtown Mixed-Use Area. ORDINANCE NO.1 - AN ORDINANCE AMENDING ARTICLE 40 OF THE SPRINGFIELD DEVELOPMENT CODE TO ADD DOWNTOWN AUTOMOBILE AND LIGHT TRUCK DEALERS IN EXISTENCE AS OF JUNE 3, 2002, TO THE LIST OF PERMITTED USES IN THE MIXED-USE COMMERCIAL ZONE: AND ADOPTING A SEVERABILITY CLAUSE (FIRST READING). . City Planner Mark Metzger presented the staff report on this item. Mr. Metzger said the applicant is requesting modification of Article 40 of the Development Code to allow the continued operations of existing auto-truck dealerships in the Downtown area. The area is likely to be rezoned to Mixed-Use Commercial in the near future, and dealerships are not among the permitted uses in Article 40 at this time. At issue is whether the approval criterion found in Article 8 of the Springfield Development Code from amending the Code are met in this request. The adopted Mixed-Use Zoning District (Article 40) does not list auto dealerships among the allowed uses in the Mixed-Use Commercial zone. Existing dealerships in the Downtown are located within an area designated "Downtown Mixed-Use" on the Springfield Downtown Refinement Plan map. It is anticipated that the Downtown Mixed-Use area, which is now zoned Community Commercial, will be rezoned to Mixed-Use Commercial in the near future. Generally, when a zone change is made and an existing use is not allowed under the new zoning, that use can continue as a "continuing, non-conforming use." Article 5 of the Development Code explains how such non-conforming uses are to be treated. In short; the Code allows for the continued operation of an existing use, but it cannot be expanded or extensively remodeled, and cannot be rebuilt if heavily damaged by a disaster. In seeking the Development Code amendment, Lithia wants to maintain the ability to continue and expand their business in the future. Plans have already been submitted for expansion at their present location. . Mr. Metzger noted that the amended language is included on Attachment II - 3 which is included in the agenda packet. The staff report, included in the agenda packet, analyzes various aspects of the code amendment request. Among the issues considered is the impact of allowing the dealerships to continue when the downtown area is being considered for nodal development. Council Regular Meeting Minutes October 6, 2003 Page 5 . Staff has determined that the dealerships are on the periphery or outside the recommended boundaries of any future downtown node. The Planning Commission considered this matter at its meeting on September 16, 2003. The commission made some minor modifications to the code amendment for clarity. The applicant indicated that they were supportive of the commission revisions in their proposal. The commission then voted 5-1 to recommend that the council approve the revised amendment. Mr. Metzger said that it is incumbent upon council to make and adopt findings that meet the criteria of approval shown in section 8.030 of the Springfield Development Code. He said council need to find that these are consistent with the Metro Plan, with applicable state statutes and with statewide planning goals and administrative rules. Staff is recommending approval of this amendment. Councilor Woodrow confirmed that by making this amendment, it would not allow Lithia to sell and repair motor homes. Mr. Metzger agreed. Mayor Leiken opened the public hearing. . 1. Greg Coleman, High Ranch Drive, Springfield Oregon. Mr. Coleman has been the General Manager of Lithia for the past three years and has worked there for eight years. He noted the improvements Lithia has made to surrounding properties that they have purchased over time. He said they need help now to develop this into something that Springfield can use for years to come. He said they have approximately 60 employees earning a living wage and they bring a tremendous amount of cash flow into downtown Springfield. 2. Doug DePriest, 777 High Street, Eugene, OR. Mr. DePriest is the attorney representing Lithia Toyota. He referenced a map showing the property to be discussed and the history of the property. Lithia is aware that the downtown area will be changing its zoning to mixed- use making their current business a non-conforming use. He noted that Lithia has worked with staff and appreciates staffs approach of trying to find a win-win situation. He discussed issues regarding transportation planning. He discussed the center of the nodal development area and he referred to the map showing this parameter. He noted that the Planning Commission voted 5 to 1 in favor of this code amendment. He said there may come a time when the auto dealerships are no longer viable in their current location, but we are not at that point yet. This is a vital, significant employer in downtown. This auto dealership can be an ideal use to have on the edge of downtown. These properties can be used as a land bank for future development. Councilor Burge said the community is interested in the revitalization of the downtown area and it is good to have solid based employment. He asked if Lithia would be interested in assisting in that revitalization effort. Mr. DuPriest said he believed they would be participants in that effort. Mayor Leiken closed the public hearing. Mayor Leiken reopened the public hearing. . 3. Steve Moe, P.O. Box 847, Springfield, OR. Mr. Moe is speaking in support of Lithia. He feels that the downtown will be developing from 7tb to Mill Street. He used the term land banking and how the low use that Lithia uses at this time will allow that property to be ready Council Regular Meeting Minutes October 6, 2003 Page 6 . for redevelopment when the time is right. He noted auto dealers in downtown Eugene and the usefulness of having them there. Mayor Leiken closed the public hearing. No Action Requested. First Reading only. 3. Vacation of Public Rights-of-Way: Lithia Toyota, applicant Journal Number 2002-08-0254: Assessor's Map 17-03-35-42 Tax Lots: 6500, 6600, 6800, 6900, 7000, 7100, 7200, 7300, 8700, 8800, 8900. 9000, 9600, and 9800. ORDINANCE NO.2 - AN ORDINANCE VACATING A 14-FOOT WIDE PUBLIC RIGHT-OF-WAY (ALLEY) BETWEEN SOUTH 'A' STREET AND MAIN STREET FROM 8TH STREET TO 10TH STREET, JOURNAL NUMBER 2002-08-0254 (FIRST READING). City Planner Mark Metzger presented the staff report on this item. Mr. Metzger said the applicant, Lithia Motors, requests vacation of an alley bisecting their property in order to provide added security and the ability to more efficiently operate and develop their business. The applicant's counsel in conjunction with staff and the City Attorney has drafted a deed restriction that addresses access issues raised in the first hearing on the vacation. At issue is whether the criterion for approving the vacation of a right-of-way can now be met. . A public hearing on the proposed alley vacation was held before the council on February 24, 2003. Testimony was received at that hearing, as well as a Planning Commission recommendation that the vacation request be denied. The council chose to continue the hearing to June 16, 2003 to allow time for staffto work with the applicant to resolve access and circulation issues that could arise from the vacation. The applicant was also asked to produce site plans showing the need for the vacation. A deed restriction document was drafted by the applicant and reviewed by ODOT and city transportation staff. There is general agreement that the document will resolve the access and traffic circulation issues raised in the staff report that was presented at the February 24th public hearing before the council. Lithia is the sole owner of the 14-parcel block now served by the alley. They have ready access to 8th, 9th and lOth Streets without the need for additional curb cuts onto Main Street or South A. Sale of any of those individual parcels may require new driveway access onto Main or South A if there is no alternative access to 8th, 9th or lOth Streets. The deed restriction triggers the creation of an access strip (a de facto alley) to serve any of the Lithia parcels not having direct access to 8th, 9th, or lOth Streets which are sold in the future. It also preserves access to sewer and power lines in the alley for maintenance and allows for installation of future utilities. The deed restriction is a reasonable compromise that allows the applicant to move forward with development on their property while protecting the city's interest in maintaining safe access and traffic circulation in the downtown. It allows the proposal to meet the decision criterion for approving the vacation of rights-of-way. . Mr. Metzger discussed the option of private ownership of the alley vs. public ownership. He referenced the agreement which is included in the agenda packet as Attachment II. The Council Regular Meeting Minutes October 6, 2003 Page 7 . agreement has a series of deed restrictions that make clear that while Lithia currently owns a two block area of land that totally encompasses the two alley se~ents, if any portion of their property is sold off that does not have direct access to 8th, 9th, or 10th Streets, a 20ft access-way would be created that would be privately owned, but would allow public access for maintenance and utilities. The current alley is a 14 foot alley, which is substandard for today's codes. Based on this agreement, Staff can recommend approval on the condition that the agreement is recorded as a deed restriction on each of the affected lots. He said the second issue is regarding protection and access for emergency services. Staff would like Lithia to coordinate with our Fire and Life Safety Department and Police Department if they choose to fence off the alleyway to make sure there is access for emergency services. City Attorney Joe Leahy gave a quick supplement based on concerns from the council during their work session. He noted two other issues: 1) Reversion to public ownership and 2) Enforcement by the city. He said he could work with Mr. Metzger and the owners to put those conditions into the agreement. Councilor Malloy noted that while serving on the Planning Commission, he voted for this and asked ifthere was a conflict. Mr. Leahy said there was not, as long as that vote will in no way bias his vote on this issue. Mr. Malloy confirmed that it would not bias his vote. Councilor Fitch thanked staff for their work on this and finding a win-win situation. Councilor Ballew said she feels we are making every effort to assist the property owner. She hopes the cars at the dealership are kept back from the road for visibility issues. . Mayor Leiken opened the public hearing. 1. Doug DePriest, 777 High Street, Eugene, OR. Mr. DuPriest represents Lithia. Mr. DuPriest said that Mr. Leahy suggested adding a paragraph to the agreement which would provide for the re-creation of access to interior lots in the event an interior lot is sold. Lithia would agree to add that enforcement statement. He noted the reasons for Lithia's request dealt with both security and safety. He submitted police records for this alley over the past 10 months for the record. He noted the need for pedestrian safety in this area and this new agreement allowing the owner to have more control over this space. He discussed the proposals the owner has made to address these concerns. Councilor Ballew asked if Lithia were to sell the entire parcel, what would happen. Mr. Leahy said as the agreement is now, it would be binding on future owners as well. If a paragraph was added that said a new use would require a site review and the site review could require a dedication. He said whatever is in this agreement is binding for future owners on every aspect of the property, whether an interior lot or the whole property is sold. 2. Steve Moe, P.O. Box 847, Springfield, OR. Mr. Moe noted that security is a big problem for businesses like this and getting it fenced will be beneficial. He feels the city giving up the alley for a number of years is o.k. as long as the sewer and utilities are accessible. He is in support of this. . Mayor Leiken closed the public hearing. Council Regular Meeting Minutes October 6, 2003 Page 8 . No Action Requested. First Reading only. Councilor Woodrow asked what would happen ifin 10-20 years when downtown expands and it is no longer profitable to have an auto dealership in this location, someone else purchases this property. If they are no longer the owners, does the alleyway revert back to the city? Mr. Leahy said the CCR's require it to be maintained. To eliminate the private alleyway, any future owners would need to get approval from the city. The city would not be required to purchase the alley way ifthey did not want it any longer. He said they can set up in the agreement a mechanism that since they are receiving the alley at not cost, we would get it back at not cost. That would be included in the site review for that property no matter who owns it. Council expressed a preference for assuring the potential for the alley or the relocated alley to return to public ownership in the event the property was sold to an entity no longer using it for automobile sales. Mr. Leahy and Mark Metzger indicated that they would explore with 'the applicant adding language to the CCR's which (1) provide for enforcement of the CCR's by the City of Springfield; and, (2) provide that in the event the property was sold to someone other than an automobile dealership that a Site Review would be required. During Site Review dedication of the relocated alley might be required and that the applicant's rights under Dolan would be waived. The council emphasized that all of these conditions should run with the land and be binding upon anyfuture successors and assigns to the property. Mr. Metzger added that if any commercial development goes on that property, a site plan review is automatically triggered under the current code. . BUSINESS FROM THE AUDIENCE 1. John Brown, 1260 Chamelton, Eugene, OR. Mr. Brown is here to inform council of a situation and to ask for council's assistance. For the past 10 years, Mr. Brown has spearheaded a committee to clean up the Willamette River and he noted they have been very successful in much of the focused areas. Mr. Brown said that yesterday, he noted two very active homeless camps at Island Park and in Glenwood. He often gets the runaround when he calls for assistance. He does get a good response from the Springfield Police Department and Willamalane when he reaches either of them. He understands the difficulties in enforcing in these areas, but these two areas have gotten out of control. He said if the community wants to revitalize Glenwood and make it a good livable issue, he believes council will need to address this situation. He said that it is a degradation of our river and our environment. He said any help is appreciated regarding jurisdictional issues. He said the staff have been very good, but there is a situation here that needs attention. . Councilor Burge said he remembers Mr. Brown coming before the Planning Commission years ago on this same issue. He said that Mr. Brown was very instrumental in getting the salmon run started in the Willamette River. He said government only does what they want to do. Our beautiful waterways should be maintained. He discussed the many ways we enforce this with property owners and truckers. Glenwood is our jurisdiction and we have no excuse for not maintaining it. Weare allowing a few people to compromise our waterways with drug needles, alcoholic containers and destruction of property. He would propose that all elected officials spend one Saturday a month cleaning the river banks to show interest in maintaining our waterways. Council Regular Meeting Minutes October 6, 2003 Page 9 . Councilor Fitch said she would be happy to meet with the multi-jurisdictions (Lane County Sherriff, Eugene Police, Springfield Police, and the District Attorney) to see what can be done. She said without a solution, any clean-up efforts may be only short lived. Mr. Kelly said staff could summarize what efforts have been made, include that information in a communication packet with options and ask council for direction. He feels we can make it less complex than it appears. He said they could also meet, as Councilor Fitch suggested, with the multi-jurisdictions to try to come up with more solutions. Mr. Leahy noted that Mr. Brown's discussion was regarding the island across from Island Park. He will contact Willamalane to see what they have or can do about this situation. Mayor Leiken asked that Mr. Leahy send out a memo regarding the jurisdiction of Glenwood. Mr. Leahy said we do not have enforcement jurisdiction outside of our city limits. Councilor Burge said it is so unclear who has jurisdiction in Glenwood that it is a place easily taken advantage of. He said this is serious and it is our downtown, one of our most prized possessions. He said there are implications in these situations, but the City must make a commitment. He appreciates Councilor Fitch's suggestion of meeting with the multi- jurisdictions, but wants to make sure that there are results from these meetings. COUNCIL RESPONSE . CORRESPONDENCE AND PETITIONS 1. Correspondence from Nick Shevchynski, 2347 Marcola Road, Springfield, OR Regarding R Street Ownership. [Please see attached staff response included in agenda packet.] 2. Correspondence from Nick Shevchynski, 2347 Marcola Road, Springfield, OR Regarding the City's Response to His Previous Letter Regarding R Street Ownership. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO ACCEPT AND FILE THE CORRESPONDENCE WITH FOLLOWUP THAT HAS BEEN CONDUCTED BY STAFF. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. BIDS ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Historic Commission Appointment. . City Planner Greg Mott was present for this item. In work session on September 22, 2003, council interviewed four candidates to fill two positions on the Springfield Historic . . . . ,r, '" Council Regular Meeting Minutes October 6, 2003 Page 10 Commission. The council recommended re-advertisement for one of the positions and the re-appointment of Michelle Dennis to a second, four-year term until September 30, 2007. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO RE-APPOINT MICHELLE DENNIS TO A SECOND, FOUR-YEAR TERM ON THE HISTORIC COMMISSION WITH A TERM EXPIRATION DATE OF SEPTEMBER 30,2007. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 2. Business from Council a. Committee Reports. It was noted that the recruitment for Historic Commission had been re-opened for 30 days to allow for more applicants. Councilor Fitch said they did not have a Bus Rapid Transit (BRT) meeting this month. The L TD Downtown Station reconvened and discussed having someone to lease what is now being constructed in the mixed-use commercial area. b. Other Business Councilor Burge announced that he gave Mayor Leiken his letter of resignation today effective November 4,2003. He has truly appreciated being able to serve the citizens of Springfield. He discussed personal reasons for his decision including the importance of spending time with his wife, children and grandchildren. He feels his time away at his home in California during the winter months is not fair to the Mayor, council and citizens of Springfield. More importantly, it is not fair to his family and himself. He said it has been a great honor and he plans to stay involved in the downtown redevelopment and other city affairs. He said it was not an easy decision, but it was the right decision, made for the right reasons. BUSINESS FROM THE CITY MANAGER 1. Property Acquisition Agreement for Laura Street Realignment Proiect. City Engineer AI Peroutka presented the staff report on this item. Mr. Peroutka said that council authorization is required for acquisition of major pieces of property for public ownership. This property acquisition is necessary for the Laura Street Realignment Project. The acquisition was discussed in Executive Session on September 22,2003. The proposed agreement provides benefits and costs for both the city and the Smith Family and, on the whole, is balanced and fair. The basic concept of the agreement is that the Smiths recognize the benefits of the project for the development of the remainder of their property and are willing to provide the property needed for the Laura Street realignment at a reduced cost to the city, if they receive some assurances, listed in the agreement, regarding the development conditions for their remaining property. The city benefits from the agreement by the lower cost of the right-of-way, however, faces some potential additional future costs under certain conditions, as laid out in the agreement. Overall, the credits which would be . . . ') \ . Council Regular Meeting Minutes October 6, 2003 Page 11 allowed by all subparagraphs of Paragraph 18 of the agreement total to $261,424.88. This will reduce the cost to the city for the right-Of-way acquisition from the cost of $354,638.37 to $93,213.49. If the city needs to further limit the access provided to the Smith property within the next 20 years to address traffic safety concerns, all or a part of those credits will be refundable to the Smiths, depending on the time since the agreement was entered into. Mr. Peroutka said staff is asking council to authorize the City Manager to enter into a final agreement in substantial conformance with the proposed agreement attached. He said there are a few scheduling items that need to be worked out with the owners of the property. The agreement is a fair and balanced agreement between the two parties reflecting the interest of both parties. Councilor Fitch thanked the Smith's for working with the staff to finalize this agreement. She said it was a longer process than most thought it would be and she appreciates their patience and commitment. She feels this will bring a great opportunity for a new development in Springfield and also the improvements in the roadway. Mayor Leiken welcomed the Smith's to Springfield. Councilor Ballew noted she is a great fan of the Smith's book stores and she hopes they will be able to open one in Springfield soon. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE ACQUISITION OF RIGHT -OF- WAY FROM SMITH INVESTMENT PROPERTIES, LLC FOR THE LAURA STREET REALIGNMENT PROJECT IN SUBSTANTIAL CONFORMANCE WITH THE ATTACHED AGREEMENT. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. BUSINESS FROM THE CITY ATTORNEY Councilor Fitch noted that as difficult as it will be to fInd someone to take Councilor Burge's place, he has been gracious enough to give council enough time to begin recruitment for a replacement. She asked that the process begin as soon as possible. ADJOURNMENT The meeting was adjourned at 8:19 p.m. ~ Minutes Recorder Amy Sowa /1-' ~vU-_ Sid)leY W. ~iken M<f1yor Attest: ~t..Amm,-_ City Reco er