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HomeMy WebLinkAbout06/03/2002 Regular . . . I,: 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 . 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. . 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. . Mr. Peroutka responded to questions ofthe council regarding the project. Springfield City Council . Regular Session Minutes - June 3, 2002 Page - 3 . 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. . 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. . BUSINESS FROM THE AUDIENCE Springfield City Council Regular Session Minutes - June 3, 2002 Page - 4 . 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 . 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 . 1. Committee Appointments Springfield City Council Regular Session Minutes - June 3, 2002 Page - 5 . 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. . 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. . Mayor Leiken reported that he played drums on Sunday with the Oregon Children's Choir. Springfield City Council . Regular Session Minutes - June 3, 2002 Page - 6 . 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. . 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. . 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 . Regular Session Minutes - June 3, 2002 Page - 7 . 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. . 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. . 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 . Regular Session Minutes - June 3, 2002 Page - 8 . 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 . 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. . . . . Springfield City Council '. Regular Session Minutes - June 3, 2002 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 ~~ Kim Krebs, CIty Record r "