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HomeMy WebLinkAbout10/21/2002 Regular . . . 4 MINUTES OF THE REGULAR SESSION OF THE SPRINGFIELD CITY COUNCIL HELD ON MONDAY, OCTOBER 21, 2002 The Springfield City Council met in regular session at Springfield City Hall, 225 Fifth Street, Springfield, Council Meeting Room, on Monday, October 21,2002, at 7:03 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, and Councilors Ballew, Fitch, Hatfield (via conference telephone), . Lundberg, Ralston and Simmons. Also present were City Manager Mike Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy, City Recorder Kim Krebs, Police Chief Jerry Smith, and members of staff. PLEDGE OF ALLEGIANCE Mayor Leiken led the Pledge of Allegiance. Mayor Leiken asked that everyone remain standing and called for a moment of silence for the loss of Commissioner Sean Wilson. SPRINGFIELD UPBEAT 1. Proclamation Declaring October 2002 as National Breast Cancer Awareness Month, and October 18, 2002 as National Mammography Day. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims a. Approve the September 2002 Disbursements for Approval. 2. Minutes a. September 9,2002 - Work Session 3. Resolutions a. RESOLUTION NO. 02-48 - A RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF THE PUBLIC WAY USE AGREEMENT BETWEEN THE CITY AND ADVANCED TELECOM GROUP, INC. b. RESOLUTION NO. 02-49 - A RESOLUTION REJECTING DEFENSE OF A FORMER CITY EMPLOYEE LINDA GALLACHER, AND PROHIBITING PUBLIC FUNDS TO BE PAID IN SETTLEMENT OF THE CLAIM. OR IN PAYMENT OF ANY JUDGEMENT AGAINST FORMER EMPLOYEE LINDA GALLACHER. Springfield City Council Regular Session Minutes - October 21,2002 Page - 2 . 4. Ordinances 5. Other Routine Matters a. Accept the % Ton Utility Truck Purchase Price from Bruce Chevrolet in the Amount of $22,597.98 for the Public Works Department. PUBLIC HEARINGS 1. Resolution Initiating an Expedited Annexation of Territory and Extraterritorial Extension of Sanitary Sewer and Water Line to the City of Springfield Journal Number 2002-05-0 l56- Benson Assessor's Map l7-03-33-11 Tax Lot 701, Anderson Lane. RESOLUTION NO. 02-50 - A RESOLUTION INITIATING EXPEDITED ANNEXATION OF CERTAIN TERRITORY AND EXTRATERRITORIAL EXTENSION OF SANITARY SEWER AND WATER LOCATED ON ANDERSON LANE TO THE CITY OF SPRINGFIELD AND REQUESTED THAT THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVE THE EXPEDITED ANNEXATION USING THE PROVISIONS OF ORS 199.466. . Kitti Gale was present for the staff report. The City Council is authorized by ORS 199.490(2)(a)(B) to initiate annexation upon receiving consent in writing from a majority of property owners and electors registered within the territory to be annexed. The property, located within the UGB, at 885 Anderson Lane is not contiguous to city limits. Anderson Lane is a partially improved Lane County street with curb and gutter along the west side only. The applicant proposes to partition Tax Lot 701 into three residential parcels. The request includes provisions for an extraterritorial sanitary sewer line and water line extension. The applicant has also submitted engineered plans for storm water disposal into the city system. The territory can be provided with a minimum level of urban services including police, fire protection, library, storm water, sanitary sewer, water service, parks and recreational facilities; therefore, staff recommends adoption of the proposed resolution. All property owners and electors have requested this expedited annexation. Councilor Ballew asked if the Springfield Utility Board (SUB) was planning to provide water. Ms. Gale said there is a current water line in place, and that is what the extraterritorial water extension will be. She said the applicant owner of the property also as a part of the annexation, will present to the Public Works Department an approved plan for extending sanitary sewer and water provisions, and then in July of next year we would request withdrawal from the Rainbow Water District and SUB would then be the carrier. Councilor Ballew said with this not being a contiguous property, won't there be two water lines. Ms. Gale said no, there would be provisions to allow them to connect to the existing water line. She provided detailed information regarding the lot locations. . Councilor Ballew said on the basis of principal, she would not be supporting this annexation, as it is not contiguous. Springfield City Council Regular Session Minutes - October 21, 2002 Page - 3 . Ms. Gale said part of the project is to provide a public system to the south end of the annexed lot and the applicant will pay their portion of what the construction connection costs are for the sewer. City Attorney Joe Leahy said SUB and the Rainbow Water District actually have a written agreement regarding the 'turnover of properties as they come in. He said it is not a philosophical argument or comprehensive plan issue. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR SIMMONS TO ADOPT RESOLUTION NO. 02-50. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST (BALLEW). 2. Resolution Initiating an Expedited Annexation of Territory to the City of Springfield Journal Number 2002-06-0163 - Ruhoff Assessor's Map 17-03-34-23 Tax Lots 300 and 400, Aspen Street. . RESOLUTION NO. 02-51 - A RESOLUTION INITIATING EXPEDITED ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD, WHICH IS LOCATED ON ASPEN STREET, TAX LOTS 300 AND 400 ASSESSOR'S MAP 17-03-34-23 AND REQUESTING THAT THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVE THE EXPEDITED ANNEXATION USING THE PROVISIONS OF ORS 199.466 WITHOUT THE STUDY, PUBLIC HEARING AND ADOPTION OF A FINAL ORDER AS REQUIRED BY ORS 199.461. Ms. Gale was present for the staff report on this issue. She said the applicant/owner proposes to partition the two tax lots into three, panhandle, residential parcels, which will share a common driveway. The applicant has submitted a Modification of Provision Application Journal Number 2002-07-0211 that proposes to use the existing 25' wide panhandle driveway in lieu of the standard 26' wide driveway for three parcels. Staff has tentatively approved the conditions of the Partition and Modification of Provisions applications and recommends adoption of the proposed resolution. All electors and property owners have requested the annexation. Councilor Ballew asked why is staff recommending an expedited annexation? Ms. Gale said if an annexation is submitted without the request for an expedited process then a public hearing is required. If submitted with the request of an expedited process then the Boundary Commission would not be required to conduct a public hearing. Mr. Leahy said if an objection were received, the Boundary Commission would then set it for a public hearing. . City Manager Mike Kelly said the council performs an advisory role as to whether or not they support an annexation; the final decision would be made by the Boundary Commission. Even if Springfield City Council Regular Session Minutes - October 21, 2002 Page - 4 . the City Council recommended against the annexation, the Boundary Commission could possibly still approve the annexation. Mayor Leiken opened the public hearing. 1. Bill Bunting, 1240 President, Eugene, said he looks forward to this resolution being approved so that his address can be changed to Springfield. He said the property belongs to his son-in- law who has purchased the land, and development. He said he hopes to change his residence address to Springfield and build a house on one of the parcels himself. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW, TO ADOPT RESOLUTION NO. 02-51, THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE . 1. Steve Moe, P.O. Box 847, Springfield. Oregon, Addressed issues related to LID and the BRT concept and the proposed routes. He said he met several times with area residents and local businesses; the plans included a bicycle connector that would serve as an extension to the bicycle path on PrankliJ;l Blvd. He said LTD has come before the Planning Commission with the drawings of the proposed designs, however the bicycle routes have been eliminated from those drawings. He said LTD has informed him that the funds for the bicycle routes are no longer in their budget. He asked the City Council to assist in making sure that the bicycle routes be added back into the design of the new routes. Councilor Fitch said she would take that message back to the Steering Committee. 2. Michael Proden, 2566 Grand Vista Dr., Springfield. Spoke about the sewer that was supposed to be provided to Grand Vista. He said he purchased the property seven years ago as an investment. He said his signed agreement for annexation to the city was with the understanding that there would be connection to the city sewer system in five years or less. Since then all he does is pay higher taxes, and receives no sewer hook up. He is unable to divide the lot if he chose to, and asked when the connection to the sewer would take place as promised. 3. Dennis Wartenbee, 2587 Grand Vista Drive, Springfield. Said he too is addressing the sewer issue on Grand Vista, and is the developer ofthat subdivision. He submitted a letter and packet of information for council review, which is included in their agenda packet this week. He highlighted various items that were included in the packet. He said they were required to execute a delayed annexation agreement, and part of that agreement was a future development plan to allow them to divide lots. . 4. Terry Matthews, 2573 Grand Vista Drive, Springfield. Said he is an owner-builder and was involved throughout the permiting and fmal inspections of this subdivision. He said he too was obligated to execute an agreement that he would not contest annexation to the city when the sewer system became operational within 2 years. He said this was over six years ago, and even though they pay full city taxes, they still do not have sewer available, and no indication Springfield City Council Regular Session Minutes - October 21,2002 Page - 5 . as to when that would happen. He spoke about information they were told by Lane County related to the availability of connection to the city of Springfield sewer system. This is becoming a subject of concern since the promises made by the city have not been fulfilled. He would like the city to move forward to fulfill those promises to the property owners and developers in an accelerated manner. The city should either move to complete the agreement, or else they should vacate the city portion of taxes collected, and let that revert to county control. 5. Joan Armstead, 4017 East 16th (Glenwood), Eugene. Spoke about the bicycle path in Glenwood, and echo's Steve Moe's comments. She does not own a vehicle, and spoke about the difficulty in accessing the bike path underneath I-5. Franklin is a very busy road, and the lack of sidewalks also makes it very difficult. She quoted a comment from the Glenwood Area Executive Summary (Spring 1999), "combining a bicycle route with this alignment drew widespread support, it would provide a needed bicycle connection and may eliminate the need to widen Franklin Blvd for bicycle lanes in the future". She encouraged the City Council to consider mentioning to their colleagues that a bicycle route in Glenwood is very important. COUNCIL RESPONSE Councilor Fitch asked City Engineer Al Peroutka to respond to questions related to the sewer issue in the Grand View Estates. . Mr. Peroutka said there was a definite plan at that time, which was fulfilled; and that was bringing the gravity sewer up to 19th and Yolanda. He said there are plans at some point to service the Grand Vista area, however there is no capital plan for the installation. He said there have been discussions over the year, and believes there was some expectation that there would be sufficient pressure from other vacant properties in the area to eventually put together some kind of a program over that five year period to allow for the installation of the pump station and provide that service. He said again, that has not happened. . Mr. Peroutka said right now they are coming into the CIP production for the next five year period, and staff could certainly look at that again. He said DSD and Public Works have been meeting on this issue and reviewing correspondence and files and conditions of the initial development that occurred seven years ago. He said staff needs additional time to complete the review and would seek assistance from the City Attorneys office, and then meet with Mr. Wartenbee and others to discuss what can be done. He said at that point staff would come back to council with some options. . Mr. Kelly responded to additional questions of the council. He said staff would do additional research, meet with the developer and property owners, and determine if this issue can be sorted out. He said staff would prepare a report for council review in a couple of weeks, he said it may not be a complete report, but would hopefully include a status report, indicating how long it would take staff to resolve the issue and a fInal recommendation. . He anticipates the information would include any rough cost issues, how we could serve the whole area, not just to Grand Vista, similar to a mini master plan in order to determine the cost to provide the first leg, and how that cost compares to total funding availability. Then staff would have to determine who else or what other projects in the city would be competing for sanitary sewer funds. With this information then staff could prepare a recommendation to council. Springfield City Council. Regular Session Minutes - October 21, 2002 Page - 6 . Mr. Leahy responded to legal questions of the council. CORRESPONDENCE AND PETITIONS 1. Correspondence from Maureen Weathers, Chair, Board of Directors McKenzie-Willamette Hospital, 1460 G Street, Springfield, Regarding Potential Alternative McKenzie-Willamette Hospital sites. - 2. Correspondence from Mary-Ann and Dwight Jackson, 230 J St, Springfield, Regarding Council Consideration for Reinstatement of Funding for the Animal Control Officer Position. 3. Correspondence from Dennis Wartenbee, 2587 Grand Vista Drive, Springfield, Requesting that the City Fulfill its Obligation to Provide Sanitary Sewer to Grandview Estate Subdivision. [See Attached Staff Memorandum of Response] IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO ACCEPT THE CORRESPONDENCE AND DIRECTED STAFF TO FOLLOWUP ON ITEM 3. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BIDS ORDINANCES . BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Historic Commission Appointments. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOMD BY COUNCILOR BALLEW TO APPOINT ROXIE METZLER TO THE mSTORIC COMMISSION FOR A FOUR-YEAR TERM EXPIRING DECEMBER 31, 2006, AND TED CORBIN FOR A FOUR-YEAR TERM EXPIRING SEPTEMBER 21,2006. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Business from Council a. Councilor Simmons provided a brief report on the McKenzie Watershed Council. b. Councilor Ballew reported on the Metro Wastewater Management Commission. meeting. c. Mayor Leiken reported that six very strong candidates were interviewed for the Lane Metro Partnership Director, and said they hoped to make the selection soon. . d. Mayor Leiken provided a brief levy campaign updated, and thanked Councilor Fitch for attending the community events and speaking. He said he thought things were progressing very well, and said ballots were received in the mail today. Springfield City Council Regular Session Minutes - October 21, 2002 , Page - 7 . a. Committee Reports b. Other Business BUSINESS FROM THE CITY MANAGER 1. League of Oregon Cities Conference - Voting Delegate Designation. The council discussed what members ofthe council would be attending the LOC conference. It was noted that Councilor Hatfield and Simmons would be attending the business meeting and after further discussion, council consensus was to designate Councilor Hatfield as the voting delegate, with Councilor Simmons as the alternate. 2. Intergovernmental Agreement with Lane County Regarding the Pioneer Parkway Extension Design, Construction and Funding. Mr. Peroutka was present for the staff report. He said this is the same agreement that council reviewed in work session, and asked if council had any further questions. Councilor Simmons said with the legislative intent, issues that were raised during the work session regarding offers for property be clearly reviewed with fairness and equity, and property owners' rights and the benefit to the public need to be weighed and balanced. . IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE INTERGOVERNMENTAL AGREEMENT WITH LANE COUNTY REGARDING THE FUNDING AND MANAGEMENT OF THE PIONEER PARKWAY EXTENSION PROJECT. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned at 7:47 p.m. Minutes Recorder - Kim Krebs ~ ATTEST: ~\~ LoLR~~ .