HomeMy WebLinkAbout06/03/2002 Regular
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MINUTES OF THE REGULAR SESSION MEETING OF
THE SPRINGFIELD CITY COUNCIL
HELD ON MONDAY, JUNE 3, 2002
Tije Springfield City Council met in Regular Session on Monday, June 3, 2002 at Springfield
City Hall, 225 Fifth Street, Springfield, Oregon, Council Meeting Room, at 6:30 p.m., with
Mayor Leiken presiding.
ATTENDANCE
Present were Mayor Leiken, and Councilors Ballew, Fitch, Hatfield, Lundberg, Ralston, and
Simmons. Also present were Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy,
City ,Recorder Kim Krebs, Police Chief Jerry Smith, and members of staff.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Leiken.
CONSENT CALENDAR
IT WAS MOVED BY COUNCILOR HATFIELD WITH A SECOND BY COUNCILOR
FITCH TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A
VOTE OF 6 FOR AND 0 AGAINST.
1. Ordinances
a. ORDINANCE NO. 6013 - AN ORDINANCE VACATING A PORTION OF AN EXISTING
SANITARY SEWER AND STORM DRAINAGE EASEMENT RECORDED IN
DOCUMENT NUMBER 74-20352 ON MAY 15. 1974. AND DOCUMENT NUMBER 74-
20353 ON MAY 15, 1974. WITH LANE COUNTY DEEDS AND RECORDS AND.
WHICH IS LOCATED TO THE NORTHEAST OF WINCO FOODS STORE AT
SPRINGFIELD MALL ON OLYMPIC STREET (SECOND READING).
PUBLIC HEARINGS
1. Budget Transfer and Supplemental Resolutions.
RESOLUTION NO. 02-26 - A RESOLUTION TRANSFERRING FUNDS IN THE
GENERAL FUND. STREET FUND. MUSEUM FUND. SPECIAL REVENUE FUND.
DEVELOPMENT PROJECTS FUND, G.O. BOND CAPITAL PROJECTS FUND. SEWER
OPERATIONS FUND. REGIONAL W ASTEW ATER FUND. INSURANCE FUND. AND .,
VEHICLE AND EOUIPMENT FUND.
RESOLUTION NO. 02-27 - A RESOLUTION ADmSTING RESOURCES AND
REOUIREMENTS IN THE STREET FUND. MUSEUM FUND, SPECIAL REVENUE
FUND. SEWER OPERATIONS FUND. AND INSURANCE FUND.
Finance Director Bob Duey was present for the staff report. He said Council is requested to make
adjustments to the FY02 budget several times throughout the fiscal year. The overall fmancial
impact of the Regular Budget Transfer Resolution is a zero change to the overall budget-
increases of $802,035 offset decreases of $805,035 to various expenditure requirement accounts.
Springfield City Council
. Regular Session Minutes - June 3, 2002
Page - 2
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He said there was one item missing in resolution No. 02-26. He said he has prepared a
supplemental memorandum and a new resolution for council consideration. He said the overall
impact of the Supplemental Budget Resolution is to increase total appropriations by $23,830.
Chief Smith responded to questions of the council regarding the replacement of lap top computers
in the police vehicles.
Mayor Leiken opened the public hearing.
No one appeared to speak.
Mayor Leiken closed the public hearing.
IT WAS MOVED BY COUNCILOR HATFIELD WITH A SECOND BY COUNCILOR
FITCH TO ADOPT RESOLUTION NO 02-26 WITH THE ADDITION OF $8,212 BEING
RE-APPROPRIATED FROM GENERAL GOVERNMENT MATERIAL AND SERVICES
TO GENERAL GOVERNMENT PERSONAL SERVICES. THE MOTION PASSED
WITH A VOTE OF 6 FOR AND 0 AGAINST.
IT WAS MOVED BY COUNCILOR HATFIELD WITH A SECOND BY COUNCILOR
FITCH TO ADOPT RESOLUTUION NO. 02-27. THE MOTION PASSED WITH A
VOTE OF 6 FOR AND 0 AGAINST.
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2. Public Hearing for Project P20l64, 11th Street, M to Olympic Street, and Vicinity.
ORDINANCE NO. 6014 - AN ORDINANCE ADOPTING THE REPORT OF THE CITY
ENGINEER FOR THE INSTALLATION OF PAVING. CURBS. SIDEWALKS.
DRAINAGE. LIGHTING AND STREET TREES FOR 11 TH STREET. M TO OLYMPIC
STREET. AND VICINITY (PROJECT P20l64). AND DECLARING AN EMERGENCY.
City Engineer AI Peroutka was present for the staff report. He said Council initiated this project
on March 6, 2000. On November 26,2001, the City Council approved the concept of attempting
to design this street as a pilot proj ect to include surface storm water management and a narrower
street cross section. Staff committed to working with the property owners for acceptance and,
after construction, monitoring the project for drainage performance, levels of maintenance
required, attractiveness, and acceptance by the property owners.
Mr. Peroutka said a neighborhood meeting was held on March 28, 2002. Only two of eight
properties were represented at the neighborhood meeting, however phone discussions were held
with owners of all but two of the remaining properties, as they could not be reached. At the
meetings they discussed the pilot storm water quality drainage swale located between the curb
and sidewalk on the east side of the street with the owners. There was very little opinion
expressed either in favor or opposed to this type of drainage. Most of the discussions centered on
the options relating to the width of the street. The two options proposed by staff were either a 26
or 20-foot Wide Street, and all owners contacted favored the 26-foot wide option. Mr. Peroutka
said staff recommends that council conduct the public hearing and adopt the engineers report by
ordinance.
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Mr. Peroutka responded to questions ofthe council regarding the project.
Springfield City Council
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Mr. Peroutka responded to a question from Councilor Simmons related to ongoing maintenance
of the swales, as well as questions related to temperature cooling and consistency with the clean
water process.
Councilor Simmons suggested a monitoring process be implemented that guides us with some
creative components, and objective criteria, which would guide us towards the future.
Mayor Leiken opened the public hearing.
No one appeared to speak.
Mayor Leiken closed the public hearing.
IT WAS MOVED BY COUNCILOR HATFIELD WITH A SECOND BY COUNCILOR
FITCH TO ADOPT ORDINANCE NO. 6014. THE MOTION PASSED WITH A VOTE
OF 6 FORAND 0 AGAINST.
3. Liquor License Endorsements for the Renewal Period of 2002-2003.
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Community Services Manager Dave Puent was present for the staff report. He said before the
council tonight is a list of 120 businesses that will be applying for Liquor License Endorsements
for 2002-2003. He said liquor license are issued for a one-year period beginning July 1 st. He said
the pre-authorization by council would allow staff to process these applications in a timely
manner. He said at the conclusion of this public hearing, council will be asked to make one of
four recommendations to the Oregon Liquor Control Commission (OLCC). 1) Grant; 2) No
Recommendation; 3) Do Not Grant unless (applicant demonstrates commitment to overcome
listed concerns); or 3) Deny. He said to date; he has not received any public testimony.
Mayor Leiken asked a question related to the information contained in Attachment 2 "Police
Activity Report", and asked for the definition of warrant service.
Chief Smith responded "to the Mayor's question.
Mr. Puent responded to a question of Councilor Ballew regarding OLCC investigation process,
and when an investigation is initiated by OLCC.
Mayor Leiken opened the public hearing.
No one appeared to speak.
Mayor Leiken closed the public hearing.
IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR
FITCH TO RECOMMEND APPROVAL OF ANNUAL LIQUOR LICENSE
ENDORSEMENTS FOR THE RENEWAL PERIOD OF 2002-2003 AS PRESENTED.
THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
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BUSINESS FROM THE AUDIENCE
Springfield City Council
Regular Session Minutes - June 3, 2002
Page - 4
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1. Dottie Chase, 4125 Hilyard, Eugene, Oregon. Representing Emerald Art Center. She said
she was happy to report to the City Council that the Emerald Art Center is officially open.
She said they hope to do the City of Springfield proud, and provided information regarding
the different programs and classes they are currently offering, as well as the outreach
programs. She said they are very close to having the facility completed, but there are a few
items they would like to add the final touch or polish, and said Mr. Art Paz was present to
discuss that issue.
2. Art Paz. 86950 Cedar Flat Road. Springfield. Oregon. Representing Emerald Art Center. He
said in additional to improvements on the building of the Emerald Art Center, they are also
wanting to improve the streets cape as well. He said one of the ways they can accomplish that
is to add street trees. He said he would like to plant a total of 6 trees, 1 iIi front ofthe
building, and 5 on Fifth Street. He said they would like to become part of a program that the
city can assist with, if the city would cut in the openings; they have the layout and will put in
the trees, as well as the maintenance and the care on the trees themselves. He said they
would exceed the original requirements for the placement and size ofthe trees. He said this
would help to accomplish two things; 1) it helps to cool down the urban fabric, and 2) also
helps to cool the building. He said they are a pilot project nationally, and they received
points in helping to improve the enviroIimental conditions of their site. He said he has one
additional request, which is visual in nature, and that is permission to paint the fire hydrant in
front of the building.
COUNCIL RESPONSE
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CORRESPONDENCE AND PETITIONS
BIDS
ORDINANCES
1. Amendment to the Springfield Development Code Adding Two New Articles: Article 40-
Mixed Use Development Districts, Article 41 - Nodal Development Overlay Zoning District.
ORDINANCE NO. 6015 - AN ORDINANCE AMENDING THE SPRINGFIELD
DEVELOPMENT CODE TO ADD ARTICLE 40 - MIXED-USE ZONING DISTRICTS
AND ARTICLE 41 - NODAL DEVELOPMENT OVERLAY DISTRICT TO THE
DEVELOPMENT CODE; AND ADOPTING A SEVERABILITY CLAUSE (SECOND
READING).
Mark Metzger was present for the staff report. He said this is the second reading of this
ordinance, and would be available to the council should they have any questions.
IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR
FITCH TO ADOPT ORDINANCE NO. 6015. THE MOTION PASSED WITH A VOTE
OF 6 IN FAVOR AND 0 AGAINST.
BUSINESS FROM THE CITY COUNCIL
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1. Committee Appointments
Springfield City Council
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2. Business from Council
a. Committee Reports.
Councilor Hatfield reported he attended a 3-day conference for the League of Oregon Cities
held at the coast, and said this would be a busy year on the legislative front. He provided a
brief update of some of the legislative issues.
Councilor Ballew said the Springfield Museum held their annual fund-raiser "Garden Tour"
on June 2nd. She said the event was a success, and thanked all those who volunteered and
worked to make it such a wonderful event.
Councilor Lundberg said the LCOG board met at Springfield City Hall last week, and
thanked the staff for hosting the meeting. She said one of the discussion items was Region
2050, and said there are still a few issues on that topic that need further discussion. She said
they will also be talking about the Natural Resource Studies and suggested that staff schedule
a joint CounciVWillamalane Board meeting in the future. She said this is important to make
sure the city and Willamalane are in agreement about issues related to parks and recreation.
Councilor Lundberg said the Beltline Decision Team has an open house/public hearing
scheduled for public testimony on Wednesday, June 5, at the Doubletree.
Councilor Fitch reported that the Bus Rapid Transit and downtown design continues to move
forward.
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Councilor Ralston reported the Springfield Cheerleading Squad won at the state cheerleading
competition for the 4th year in a row. He said they also won the regional and national
championship.
Mayor Leiken thanked Councilor Hatfield and Simmons for attending the Memorial Day
events.
Mayor Leiken thanked Dottie Chase for inviting the Governor for a tour of the Emerald Art
Center.
Mayor Leiken reported that Senator Ron Wyden attended a breakfast in Springfield last
week.
Mayor Leiken said a Fire and Life Safety promotion ceremony was held and said it was a
significant event. He said Springfield has two firefighters who are being commissioned to the
National Guard, and they were both involved in the recent rescue on Mt. Hood.
Mayor Leiken said that Director of the Oregon Economic Development Department Bill
Scott would be in Springfield on June 5th. He will be taking a walking tour of downtown
Springfield, and will meet with staff to allow a briefmg on the economic vibrancy of
Springfield. He said he is looking forward to this visit.
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Mayor Leiken reported that he played drums on Sunday with the Oregon Children's Choir.
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BUSINESS FROM THE CITY MANAGER
1. ATT Broadband/Comcast Merger.
RESOLUTION NO. 02-28 - A RESOLUTION CONSENTING TO CHANGE IN
CONTROL OF TCI CABLEVISION OF OREGION. INC. FROM AT&T TO AT&T
COM CAST.
Technical Services Manager Len Goodwin was present for the staff report. He said on March 4,
2002, A TT Broadband submitted a request on behalf of itself and Comcast Corporation for the
consent of the city, pursuant to Section 17 of the franchise granted to TCI Cablevision of Oregon,
Inc. He said this was reviewed in work Session on May 13, 2002. He said at that time council
had some additional questions related to fmancial issues. He said included in the staff report is a
copy of a letter he sent to A TT Broadband on May 14th, and A TT letter of response dated May
22nd.
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Mr. Goodwin said as requested at the time of the work session he has presented for council
consideration two resolutions, one resolution which denies consent to the transfer on the basis
that the application is not complete, and a second resolution which grants consent to the transfer.
He said as was done at the May 13th work session, staff continues to recommend that consenting
to the transfer is the appropriate course of action, although the material that has been received
from ATT may fall short in some respects particularly the material that has been supplied by a
consultant ofthe Mt. Hood Regulatory Commission. He said it seems that there is some minimal
basis that ATT Comcast has the minimal financial qualifications to assume control of the
franchisee.
Mr. Goodwin reported that there is one error in the Council Briefing Memorandum (Attachment
A). Where he lists a number of additional jurisdictions have acted upon the proposed merger. He
said he had anticipated that Lane County would be one of those agencies that would approve of
the transaction, however as of this afternoon they have yet to do so.
Mr. Goodwin said Sanford Inouye, Franchise Area Manager for ATT Broadband is present in the
audience and would be available for any questions the council may have.
Mr. Goodwin responded to questions ofthe council related to the proposed merger.
Mr. Goodwin said as part of the consent resolution there will also be a Memorandum of
Understanding (MOD), which commits the parties to continue discussions on compliance issues.
He said if those discussions result in no agreement the city would have two courses of action, 1)
terminate the franchise for cause on the basis that the franchisee was in breach oftheir obligations
under the franchise, 2) cancel the franchise without cause, which the city can do with a notice of
180 days, and thereby end the franchise.
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Councilor Simmons said he still believes there are outstanding issues that have not been resolved.
He stands opposed to the consent because we lose some part of control in terms of reaching
resolution to issues. Feels uncomfortable not having financial information, and fmds it still
incomplete, and would asked that council deny the merger process until it is made available for
full review by both staff and legal council.
Springfield City Council
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Councilor Hatfield said the answers and issues have not been resolved, there is talk about good
faith and negotiating, and said he is not comfortable with the change in the dispute resolution.
The MOU basically allows ATT to get what they want and that is consent to the merger, however
it doesn't do anything for the citizens. Stands in opposition to the resolution.
Councilor Ballew said this is a service offered to us, we are not required to use it. She said staff
has done a good job in preparing the MOU. We want the citizens treated fairly, and not to be
paying rates that are not financing improvements for someone else.
Councilor Lundberg said she agrees there are options for customers; it is not a required service.
She would suggest moving forward at this time.
Mayor Leiken thanked Sanford Inouye from ATT Broadband for being present and available for
questions. He said whether or not we agree or disagree with this transaction, Mr. Inouye has
served his company well.
IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR
. LUNDBERG TO ADOPT RESOLUTION NO. 02-28. THE MOTION PASSED WITH A .
VOTE OF 4 FOR AND 3 AGAINST (HATFIELD, RALSTON, SIMMONS).
2. The South 42nd Street Urban Standards Project.
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RESOLUTION NO. 02-29 - A RESOLUTION THAT REAFFIRMS CITY COUNCIL
COMMITMENT TO THE SOUTH 42ND STREET URBAN STANDARDS PROJECT.
Public Works Director Dan Brown, and Transportation Manager Nick Arnis were present for the
staff report. Mr. Arnis said the action that staff is requesting that council take is to approve the
resolution that reaffirms the City Council commitment to the South 42nd Street Urban Standards
Project. He highlighted the location ofthe project, and said it is the number one small project on
the Metro Project List.
Mr. Arnis said the issue before council is regarding the fact that the Oregon Department of
Transportation (ODOT) would like to transfer this project or street to the City of Springfield. He
said there is a MOU that has been craft~d by ODOT, however city staff did not have an
opportunity to provide input into the MOD. He said the MOU is unacceptable because it was not
done bilaterally with the city and prevented the city from raising logical issues such as the city's
funding capability. Also, the MOU requires the city to state up front its intention to assume
operations, maintenance and liability of the highway.
Mr. Arnis said there is no state law, regulation or policy that requires the city to assume
jurisdictional responsibility for a state highway in an urban setting.
Mr. Arnis said if council approves the resolution they might want to direct staff to take it to the
Metropolitan Policy Committee (MPC), and have them reaffirm the project again, and may wish
to also direct staff to take it to the Lane County Board of Commissioners.
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Mayor Leiken thanked Mr. Brown and Mr. Arnis for handling this issue in a quick and efficient
manner. He said he would also like to thank Representatives Beyer and Walker for assisting the
city with this issue. He said Senator Morrisette attended a meeting this afternoon on this issue,
and thanked him as well.
Springfield City Council
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Page - 8
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Councilor Hatfield provided a brief update of the meeting with ODOT. He requested that the
council adopt the resolution unanimously and take forward to the MPC.
Councilor Simmons concurred with Councilor Hatfield to move forward in a unanimously
manner. It should be made clear to citizens that this council is committed to making sure there is
a safe project in that community.
Councilor Lundberg said an issue discussed at ODOT is that it is not high on their safety list. She
said the police department has been very supportive in the schools to assist in educating the
children in how to be safe along that stretch of highway, as well as other streets in this city.
The Council further discussed the necessity of carrying this resolution forward unanimously as it
is a critically important project.
IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR
FITCH TO ADOPT RESOLUTION NO. 02-29. THE MOTION PASSED WITH A VOTE
OF6 IN FAVOR AND 0 AGAINST.
3. Approval of Use of Overlay Project Funds for Overlay of a Portion of the Unimproved
Section of 42nd
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Al Peroutka present for staff report on this issue. He said in 2000, staff brought a proposal to
Council to overlay the southbound lane of a portion of 42nd Street with a thin overlay to improve
safety conditions and to preserve the deteriorating section of the road. He said the overlay was a
short-term solution to halt the rapid deterioration of this section of road until a permanent solution
was available through full improvement of the road. Council at that time approved the short-term
fix, at a cost of $34,000. Staff later asked council whether to pursue a local improvement district
on the road and council did not support pursuing a fully assessed project but directed staffto seek
outside funding for the improvement project. Staff pursued the funding of 42nd Street with the
Lane County CAPP funding program, however the higher priority for funding was for Pioneer
Parkway, which was funded by Lane County, while 42nd Street was not.
Mr. Peroutka said now the northbound lane of 42nd street in the same general area as the last
project is deteriorating to the point where a preservation project is essential at this time to save
the road and its base. He said staff again recommends that overlay funds (approximately
$35,000) be spent on this section of road to preserve the road until a full improvement can be
done. Plans for eventual improvement of this road will most likely include using the existing
roadbed as part of the fully improved street as a cost saving measure. If that is to occur, it is
critical that the preservation project take place to save the street and street base at this time. Staff
will continue to pursue outside funding sources to pursue outside funding sources to fully
improve the street.
Mr. Peroutka said staff is recommending that council approve the deviation from city policy for
use of overlay funds for this case only.
Mr. Peroutka responded to questions of the council.
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Springfield City Council
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Page - 9
IT WAS MOVED BY COUNCILOR HATFIELD WITH A SECOND BY COUNCILOR
FITCH TO DIRECT STAFF TO USE A PORTION OF BUDGETED OVERLAY FUNDS
TO PRESERVE AN UNIMPROVED SECTION OF 42ND STREET. THE MOTION
PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
Councilor Simmons suggested that staff coordinate the timing of this project with other
construction projects in the area in order to preserve the fmal outcome of this improvement, so
that there is no damage to the improvements in the process.
BUSINESS FROM THE CITY ATTORNEY
There was none.
ADJOURNMENT
The meeting was adjourned at 8:24 p.m.
Minutes Recorder - Kim Krebs
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Kim Krebs, CIty Record r
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