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HomeMy WebLinkAbout07/22/2013 RegularCity of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, JULY 22, 2013 The City of Springfield Council met in regular session in the Council Chambers, 225 Fifth Street, Springfield, Oregon, on Monday, July 22, 2013 at 7:38 p.m., with Mayor Lundberg presiding. ATTENDANCE Present were Mayor Lundberg and Councilors VanGordon, Wylie, Moore, Ralston, Woodrow and Brew. Also present were City Manager Gino Grimaldi, Assistant City Manager Jeff Towery, City Attorney Mary Bridget Smith, City Recorder Amy Sowa and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lundberg. SPRINGFIELD UPBEAT 1. World Breastfeeding Week Proclamation. Mayor Lundberg read from the proclamation and encouraged all citizens of Springfield to help promote and support breastfeeding mothers in our community. World Breastfeeding Week was August 1 —7,2013. Mayor Lundberg presented the proclamation to Jaclyn Mahoney and Jennie Hawthorn Mayes from Daisy CHAIN (Creating Healthy Alliances In New - Mothering). 2. Pride Event Proclamation. Mayor Lundberg read from the proclamation and urged support and respect for the civil rights of all Springfield community members. Lesbian /Gay /Bisexual /Transgender Recognition Day was scheduled August 10, 2013. CONSENT CALENDAR 1. Claims a. June 2013, Disbursements for Approval 2. Minutes a. June 24, 2013 — Work Session b. July 1, 2013 — Work Session c. July 1, 2013 — Regular Meeting d. July 8, 2013 — Work Session 3. Resolutions City of Springfield Council Regular Meeting Minutes July 22, 2013 Page 2 a. RESOLUTION NO. 2013-12—A RESOLUTION REGARDING BECOMING A MEMBER OF THE CIS WORKERS COMPENSATION SELF - INSURED GROUP. b. RESOLUTION NO. 2013 -13 —A RESOLUTION EXTENDING CITY OF SPRINGFIELD WORKERS' COMPENSATION COVERAGE TO VOLUNTEERS OF THE CITY OF SPRINGFIELD. 4. Ordinances 5. Other Routine Matters IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR WOODROW TO APPROVE THE CONSENT CALENDAR WITH CHECKS #122281 AND #122496 OF THE JUNE 2013 DISBURSEMENTS PULLED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. ITEMS REMOVED a. Checks #122281 and #122496 of the June 2013 Disbursements. Councilor VanGordon recused himself from voting on these checks as they were to his employer, United Parcel Service, and he had a conflict of interest. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR WOODROW TO APPROVE CHECKS 4122281 AND #122496 OF THE JUNE 2013 DISBURSEMENTS. THE MOTION PASSED WITH A VOTE OF 5 FOR 0 AGAINST AND 1 ABSTENTION (VANGORDON). PUBLIC HEARINGS -. Please limit comments to 3 minutes. Request to speak cards are available at both entrances. Please present cards to City Recorder. Speakers may not yield their time to others. 1. Annexation of Territory to the City of Springfield — Annex a 0.67 Acre Parcel with an Existing Single Family Dwelling Located at 827 South 57 °i Street and a Segment of South 57 °' Street Right -of -Way. ORDINANCE NO. 6295 — AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD, AND WILLAMALANE PARK AND RECREATION DISTRICT: AND WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT AND DECLARING AN EMERGENCY City Planner Andy Limbird presented the staff report on this item. A request for annexation to the City of Springfield had been received from Don and Lauren Horton, owners of property municipally addressed as 827 South 57 °i Street. The subject annexation territory was a residential parcel with an existing single family dwelling that had a failed septic system. The property was less than 300 feet from the nearest City sanitary sewer line, and in accordance with OAR 340 - 071- 0160(4)(A) a new septic system could not be installed on the site and it must be connected to the sanitary sewer. The property owners were City of Springfield Council Regular Meeting Minutes July 22, 2013 Page 3 requesting annexation to enable a connection of the dwelling to City sanitary sewer to be in compliance with SDC 5.7 -100 et seq. Staff was recommending concurrently annexing a segment of South 57 " Street right -of -way to eliminate a gap in the City limits. The City Council was authorized by ORS Chapter 222 and SDC Article 5.7 -100 to act on annexation requests. In accordance with SDC 5.7 -155 and ORS 222.040, 222.180 and 222.465, if approved the annexation would become effective upon signature by the Mayor and acknowledgement by the State. The subject property was currently zoned Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF -10) and was located inside the Springfield urban growth boundary (UGB). Urban services were available at the frontage of the subject site, or could be extended to serve the property. According to the most recent Lane County Assessment and Taxation records (Tax Year 2012) the subject property had an assessed value of $168,400. The subject property was within an established neighborhood with an existing suite of urban services. A sanitary sewer lateral existed along the property frontage; the applicant was allowed to connect to the sanitary system immediately upon payment of required City fees to alleviate the health hazard situation. Construction costs for connection of the sanitary sewer lateral to the subject dwelling were the responsibility of the property owners. The annexation area was contiguous to the City limits and could be served with the minimum level of key urban facilities and services as required in the Eugene - Springfield Metropolitan Area General Plan. The annexation request met the criteria established in SDC Section 5.7 -100. Staff recommended the City Council approve the annexation of territory A to the annexation request, to the City of Springfield and Willamalane Park and Recreation District; and withdraw the same territory from the Willakenzie Rural Fire Protection District. Mayor Lundberg opened the public hearing. No one appeared to speak. Mayor Lundberg closed the public hearing. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR WOODROW TO ADOPT ORDINANCE NO. 6295. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST (RALSTON). 2. Annexation of Territory to the City of Springfield — Annex a 0.36 Acre Parcel with an Existing Single Family Dwelling Located at 4076 North Street. ORDINANCE NO. 6296 — AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD, AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT AND DECLARING AN EMERGENCY. City Planner Andy Limbird presented the staff report on this item. A request for annexation to the City of Springfield had been received from Larry and Cindy Van Beenen, owners of property municipally addressed as 4076 North Street. The subject annexation territory was a residential parcel with an existing single family dwelling that had a failed septic system. The property was less than 300 feet from the nearest City sanitary sewer line, and in accordance with OAR 340 - 071- 0160(4)(A) a new septic system could not City of Springfield Council Regular Meeting Minutes July 22, 2013 Page 4 be installed on the site and it must be connected to the sanitary sewer. The property owners were requesting annexation to enable a connection of the dwelling to City sanitary sewer to be in compliance with SDC 5.7 -100 et seq. The City Council was authorized by ORS Chapter 222 and SDC Article 5.7 -100 to act on annexation requests. In accordance with SDC 5.7 -155 and ORS 222.040, 222.180 and 222.465, if approved the annexation would become effective upon signature by the Mayor and acknowledgement by the State. The subject property was currently zoned Low Density Residential (LDR) with an Urbanizable Fringe Overlay (UF -10) and was located inside the Springfield urban growth boundary (UGB). Urban services were available at the frontage of the subject site, or could be extended to serve the property. According to the most recent Lane County Assessment and Taxation records (Tax Year 2012) the subject property had an assessed value of $1 1 1,248. The subject property was within an established neighborhood with an existing suite of urban services. A sanitary sewer lateral was previously stubbed into the property frontage when a public sewer project was extended along North Street. Staff advised that the applicant was allowed to connect to the sanitary system immediately upon payment of required City fees to alleviate the potential health hazard situation. Construction costs for connection of the sanitary sewer lateral to the subject dwelling were the responsibility of the property owners. The annexation area was contiguous to the City limits and could be served with the minimum level of key urban facilities and services as required in the Eugene- Springfield Metropolitan Area General Plan. The annexation request met the criteria established in SDC Section 5.7 -100. Staff recommended the City Council approve the annexation of territory to the annexation request, to the City of Springfield and Willamalane Park and Recreation District; and withdraw the same territory from the Willakenzie Rural Fire Protection District. Councilor Brew asked if there was a sewer line down North Street. Mr. Limbird said there was one that had been put in to provide service to the school. He noted the location of that line. Properties had annexed incrementally along that street in order to connect to the sewer. Mayor Lundberg opened the public hearing. No one appeared to speak. Mayor Lundberg closed the public hearing. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR WOODROW TO ADOPT ORDINANCE NO. 6298. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST (RALSTON). BUSINESS FROM THE AUDIENCE Jeff Heriot, Eugene, Oregon. Mr. Heriot said he and his wife Marilou were here representing the Washburne Cafe, 326 Main Street. He read from a prepared statement which was entered into the record and distributed to the Mayor and Council. They were here to respond to the two ordinances before Council regarding a Downtown Food Cart Program. They were concerned with adding food carts to downtown because, although downtown was improving, many businesses were still working hard just to stay open. Competition was good, but it City of Springfield Council Regular Meeting Minutes July 22, 2013 Page 5 needed to be fair and on a level playing field. They felt input from other downtown business owners, including themselves, could be valuable before Council voted on the ordinances and they encouraged Council to delay their vote. He noted their comments and concerns and described each: i. They believed food carts needed to be regulated. ii. They did not believe food carts should be allowed to operate on public streets or sidewalks other than for special events. iii. They believed food carts should be allowed on private property. iv. They questioned who, how and when it would be decided if the food carts had an adverse affect on existing businesses. V. The playing field needed to be level with a fair fee or rent. vi. They were concerned about where food carts would be allowed on public streets and sidewalks. Customers of food carts near their space would have the opportunity to use their tables and restrooms. Tony Mickalson, Springfield OR. Mr. Mickalson said his food cart, Dogs Gone Coastal, was functioning on a trial basis on private property. He did acknowledge that he was inspected by the health inspector twice a year. His experience in the US Bank parking lot had been very positive. He had 15 -20 people from surrounding businesses and bank clients who had been buying hot dogs from him. He had received good feedback and people driving by liked having food carts downtown. His target customers were looking for a fast, inexpensive lunch. They had customers that had followed them from other events, which provided the opportunity for those people to see downtown Springfield. His children grew up in Springfield and recently visited and stayed to shop in downtown. They didn't remember doing that when they were growing up here. He hadn't seen a parking or traffic problem. Their business was growing slowly, and the current fees for the transient merchant were a little steep. He hoped they could stay downtown and a more reasonable fee could be set. 3. Laurie Trieger, NEDCO, Springfield, OR Ms. Trieger thanked the Council for considering this program. NEDCO was excited that it would be done differently on public property by blending it with their business incubator services. This meant there would be a central place offering those business development support services to local entrepreneurs. This was a service already in place. Through this partnership, they would provide an opportunity to raise the bar and increase the chance for success for local food cart owners. They would be curating vendors to make sure they upheld certain standards for health, integrity of their product, and the look and feel of their business. They would also help curate spaces that were compatible to what they were offering as well as neighboring businesses. They could also help local mobile vendors transition to a brick and mortar restaurant, hopefully in downtown. Some brick and mortar businesses also opened food carts to test new markets. Food carts offered a different dining choice for customers. They didn't see this as competition, but more as an addition. NEDCO was pleased to work with the City to continue to see revitalization of downtown, and was committed to engaging all of the community. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS BIDS City of Springfield Council Regular Meeting Minutes July 22, 2013 Page 6 ORDINANCES 1. Proposed Amendments to the Springfield Municipal Code to Create a Downtown Food Cart Program, Modifying the Transient Merchant Program to Include Food Carts and Expand Coverage in Certain Commercial and Industrial Zones. ORDINANCE NO. 6297 — AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE "TRANSIENT MERCHANTS" TO PROVIDE FOR FOOD CARTS, AMENDING SECTION 7.470 "DEFINITION" AND SECTION 7.474 "STANDARD OF OPERATION" ADOPTING A SEVER-ABILITY CLAUSE, AND DECLARING AN EMERGENCY. ORDINANCE NO. 6298 — AN ORDINANCE AMENDING SECTION 7.804 "VENDING ON CITY STREETS" AND THE ADDITION OF A NEW SECTION, SECTION 7.810 `'DOWNTOWN FOOD CART PROGRAM ", ADOPTING A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY. Housing Manager Kevin Ko presented the staff report on this item. On April 16, 2012 the City Council approved a Community Development Block Grant (CDBG) award of $23,033 to NEDCO to develop and manage a Food Cart Program and to provide micro - business incubation services. NEDCO was prepared to initiate implementation of a food cart program on City-owned streets, sidewalks, rights -of -way and open spaces throughout the downtown core upon adoption of municipal code amendments authorizing the program. At the same time Council had asked for an exploration of a broadened program for permitting food carts on commercial and industrial property in the City. The City of Springfield had been asked to consider allowing mobile food carts in the downtown area by a variety of interested parties seeking to increase pedestrian traffic in the downtown area and enhance the atmosphere of downtown. Staff had prepared code amendments authorizing 1) a program consistent with Council's authorization of funding and direction in April 2012 and, 2) the addition of food carts to the list of permitted transient merchants in other limited areas of the city on a trial basis to assess the impacts on other commercial and employment areas. Councilor Woodrow said she was in favor of voting on this, but recognized the comments and concerns from the Heriot's. She would like input from other business owners before putting the program into place. Councilor VanGordon agreed. The Heriot's brought up valid points and this was a good opportunity to receive input from everyone to make sure this program was as successful as possible. He asked if staff had made an effort to reach out to the downtown businesses. Mr. Ko said he had talked with about four business owners who had contacted him. Councilor VanGordon asked when the Food Cart Program might be ready. Mr. Ko said staff had been talking with NEDCO for about a year to develop a program. They had used the Eugene market as a template, but would change it to fit Springfield. They hoped to have something up and running before Council returned in September. City of Springfield Council Regular Meeting Minutes July 22, 2013 Page 7 Councilor VanGordon said he would like to have the Heriot's involved in crafting the program. The City wanted to promote entrepreneurship, but also wanted to protect existing businesses. He asked if the Council could get some information about the program once it was complete. Mr. Ko said he could provide a 6 -month report. Councilor VanGordon said he felt it could help create a vibrant downtown and become a place to eat in Springfield. Councilor Wylie expressed the same concerns and appreciated what the Heriot's were saying. We wanted all of our businesses to stay open and cared that the businesses stayed healthy. She hoped NEDCO would work with existing businesses. She agreed (food carts) were a different type of eating experience than sit down restaurants. The goal was to bring more people downtown and increase business. Councilor Ralston said he did not agree. He thought this was an unfair advantage. Businesses had high costs with taxes and other costs. Food carts could operate for very little cost. He would support hearing from the downtown establishments and would like more time to talk to them about this. He did not support operating food carts on City -owned public space. Carts would not be paying property taxes and would be freeloading on the public dime. Councilor Moore said she would like to come back to revisit this in 6 months and would also like to see the program prior to it going forward. She loved the thought of other options to eat downtown, but this needed to be done in a way that was not unfair to existing businesses. Councilor Brew said he worked for City Hall for years and was always looking for places to eat at a low cost. B was a different experience eating in a nice establishment compared to eating at a food cart so he didn't feel it would be competition. NEDCO had an interest in managing the number of food carts because they were an important neighbor in downtown and worked hard to maintain good relationships. He would also like to hear a report on this in six months. He hoped that the speakers from tonight's meeting would also come back and report. Mayor Lundberg said what we needed downtown was more people doing more things. This was one thing to do to bring people downtown. They needed to work very hard in creating more businesses that brought people downtown as a destination. That would create enough foot traffic to support all of our food businesses. The number of people downtown would help all businesses. Until then we were experimenting a little bit to see what we could do to get us closer to our goals. Councilor Ralston noted the comment from Mr. Heriot regarding market based rent for the food carts and agreed with that proposal. Mayor Lundberg asked Mr. Ko to provide Council very steady feedback on this program being mindful of the long term goal. It would likely take awhile before we saw very many food carts. She would like a good sense of what was going on by the time Council returned from recess. Mr. Ko said he would work with NEDCO and staff as they progressed and would keep the Council up- to -date. City of Springfield. Council Regular Meeting Minutes July 22, 2013 Page 8 IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR WOODROW TO ADOPT ORDINANCE NO. 6297. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST (RALSTON). IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR WOODROW TO ADOPT ORDINANCE NO. 6298. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST (RALSTON). BUSINESS FROM THE CITY COUNCIL BUSINESS FROM THE CITY MANAGER BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned 8:17 p.m. Minutes Recorder Amy Sowa Christine L. Lundberg Mayor Attest: Q,rl City Record