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HomeMy WebLinkAbout05/07/2001 Regular . . . '1 - MINUTES OF THE REGULAR SESSION OF THE SPRINGFIELD CITY COUNCIL HELD ON MONDAY, MAY 7, 2001. The Springfield City Council met in Regular Session at Springfield City Hall, Council Meeting Room, 225 Fifth Street, Springfield, at 7:00 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, Councilors Ballew, Fitch, Lundberg, Ralston, and Simmons. Councilor Hatfield was absent (excused). Also present were City Manager Mike Kelly, Assistant City Manager Gino Grimaldi, City Recorder Kim Krebs, City Attorney Joe Leahy, Police Chief Jerry Smith, and members ofthe staff. PLEDGE OF ALLEGIANCE Mayor Leiken led the Pledge of Allegiance. SPRINGFIELD UPBEAT Mayor Leiken proclaimed the Month of May 2001 as Family Gun Safety Month. Mayor Leiken proclaimed the Week of May 20 - 26,2001 as National Public Works Week. 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 IN FAVOR AND 0 AGAINST. 1. Claims 2. Minutes a. March 19, 2001 - Regular Meeting b. April 9, 2001- Work Session 3. Resolutions a. RESOLUTION NO. 01-23 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30013: M AND H SUBDIVISION PUBLIC IMPROVEMENTS. b. RESOLUTION NO. 1-24 - A RESOLUTION TO ACCEPT PROJECT P30116: E STREET AT 1520 STORM PIPE LATERAL (ST. ALICE CHURCH) PUBLIC IMPROVEMENT. c. RESOLUTION NO. 01-25 - A RESOLUTION TO ACCEPT PROJECT P20168 FROM EMERY & SONS CONSTRUCTION IN THE AMOUNT OF $393.308.74. d. RESOLUTION NO. 01-26 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30044: SOUTH 41 ST PLACE AT BLUEBELLE WAY PUBLIC IMPROVEMENTS. Springfield City Council Regular Meeting - May 7, 2001 Page - 2 . e. RESOLUTION NO. 01-27 - A RESOLUTION TO ACCEPT PROJECT P20140 FROM H20 CONTRACTORS. INC.. IN THE AMOUNT OF $85.630.35. , 4. Ordinances 5. Other Routine Matters a. Approval of Bid Acceptance to Ben-Ko-Matic in the Amount of $93, 140.00, for Broom Bear Street Sweeper. b. Bid Award for Springfield City Hall Wall covering - Capital Bond Building Preservation Project to Carlson & Strand in the Amount of $36,660.00. c. Bid Award for Project P20100: Water Street Improvements, F to G Streets and M to N Streets, and West F Street, Water Street to Kelly Boulevard and Vicinity, to Babb Construction Co., DBA Delta Construction Co., in the Amount of$213,938.16. d. Approve OLCC Liquor License Endorsement for Momma Ida's Southern Grill, located at 1815 Pioneer Parkway, Springfield, Oregon. e. Approval of the March 2001 Quarterly Financial Reports. . f. Ratification of a Two- Year Agreement with the Springfield Police Association (SPA) for the term of July 1,2001 to June 30,2003. g. Approval of City Attorney Contract Extension for a One-Year Period Effective July I, 200 I to June 30,2002, with Firm of Harold, Leahy, and Kieran. h. Approval of the Citywide Copy Machine Replacement Purchase with Associated Business Systems in the Amount of$140,834.00. PUBLIC HEARINGS 1. FY 2001-2002 One-Year Action Plan of the Eugene-Springfield Consolidated Plan for Housing and Community Development. Housing Program Specialist Kevin Ko was present for the staff report. He said each year staff requests approval from council for the one-year action plan. He said the plan is informing HUD what the city's plans are for CDBG and HOME funds. He said the document was presented to council last month, and it comes before council tonight for the formal approval for HUD and for the Public Record. Councilor Fitch said for the record she is removing herself from the decision, since she is a Board Member of the Springfield Renaissance Development Corporation (SRDC). Mayor Leiken opened the Pubic Hearing. No one appeared to speak. . Mayor Leiken closed the public hearing. Springfield City Council Regular Meeting - May 7, 2001 Page - 3 . IT WAS MOVED BY COUNCILOR BALLEW WITH A SECOND BY COUNCILOR SIMMONS TO APPROVE THE ONE-YEAR ACTION PLAN. THE MOTION PASSED WITH A VOTE OF 4 IN FAVOR AND 1 ABSTAIN (FITCH). 2. Metro Plan Diagram Change: Jo. No. 00-12-254. ORDINANCE NO.1 - AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN AND REZONING CERTAIN PROPERTIES LOCATED NORTH OF MARCOLA ROAD. EAST OF 19TH STREET, WEST OF 31 ST STREET. AND SOUTH OF YOLANDA. . Planning Supervisor Mel Oberst was present for the staff report. He said the property involved in this amended is known as the Pierce Trust Campus Industrial Site, east of the Mohawk Market Place. He said the Planning Commission conducted a public hearing on this issue, and recommended approval of the amendment to the City Council. They also voted to approve a zone change from campus industrial to commercial, and they amended the conceptual development plan for the Pierce Trust properties. He said those two changes are contingent upon Council approval of this diagram amendment. He said this proposal was made by Home Depot who wishes to build a store there, and said some people from Home Depot are present to explain the proposal in more detail. He said the environment issues are nominal, and the applicant proposes to relocate the existing ditch, and do water quality enhancements. The development of the parking lot for the area will be state of the art; all the storm water will be directed toward the landscaping of the site. He displayed a plot plan of the site boundary between medium density residential (MDR) and commercial industrial. He said based on all the information presented and provided in council's packet, and the important factor in this decision for staff that it was in conformance with the Metro Plan criteria for changing the diagram, the traffic impacts were very acceptable, the site was suitable for commercial development, fully sewered and serviced. Based on this information, staff recommends approval. He said this is the first reading of the ordinance and time for the public hearing. Councilor Simmons referred to Page A-4 of the handout where it states "a large drainage ditch is unaffected by the proposed zoning and redesignation proposals". He said it appear in the conceptual storm drain document submitted by Poage Engineering, that it calls for relocation of the ditch in some way along the road that would run to the north. He said Goal 13 energy conservation component within the plan process does not clearly state the value of the thermal potential for the ditch to decrease the energy consumption at Home Depot or any other site located along side of it. He said it does not seem to stress well the issue of wetland issue, and it seems if we could gain a water feature throughout that development plus gain the thermal potential to benefit the occupants of those properties through industrial grade heatpumps. He said the water that flows through that ditch comes from 42nd and Weyerhaeuser, and runs down and comes out at the Alton Baker reflecting pond. He said this is part of an extensive waterway system; therefore the concept of just piping it, or making it a roadside ditch is not in tune with where we are on energy or the habitat process. He said he is supportive of the development, however there are some issues that need to be addressed in a way that is beneficial to development as well as to the community. He asked Mr. Oberst if this issue had been discussed in the process? Mr. Oberst said no, water quality has been extensively discussed, but using the ditch for other thermal activities has not been addressed. . Mayor Leiken opened the Public hearing and announced to the audience this was first reading only. Springfield City Council Regular Meeting - May 7, 2001 Page - 4 . 1. Frank Parisi. 1630 SW Morrison. Portland, he said he is one of the lawyers for Home Depot, and applicant's main representative. He said Home Depot was founded in 1978, and the largest home improvement retailer in the world. He said there are currently 1,182 stores with approximately 250,000 employees, and sales are about 45 billion. He said there are 200 employees currently in the Eugene store, and introduced the Manager, Sam. He introduced the witnesses who will be testifying in support of Home Depot. He said they did ask the public if they were interested in having a Home Depot in their community, and provided copies of 792 response cards reflecting support. 2. Julia Kuhn Butorac. Kittelson & Assoc. 610 SW Alder. Suite 700. Portland, said there were two studies performed, one that focused on what would happen today with out Home Depot, and then what would happen if Home Depot developed. She said there was also an analysis ofthe zone change and comprehensive plan amendment. She said under Oregon planning rules, we are required to look out 20 years. She explained the different intersections that were evaluated for traffic issues, and highlighted on a map where they are proposing installation of a traffic signal. She said they are working closely with the Oregon Department of Transportation (ODOT). She highlighted the trip cap issue regarding the impact of the intersections. . . 3. Al Johnson. P.O. 71818. Eugene. said Mr. Poage would address the issue of the ditch when he is allowed to speak. He said the Conceptual Development Plan has to be done before this plan change could be considered. He said what we are looking at tonight are the impacts of the Home Depot development, and that is the relevant issue. He said Home Depot takes no position as to what happens to ditch, and will be happy to cooperate with anything. He said the basic theme that this proposal represents is we have a Metro Plan policy that calls upon Eugene and Springfield to be the regional trade center for the entire area. He said that brings into playa couple of things; 1) must have full participation, 2) important to have a competitive market. It will be important to have two competitive stores in order to allow consumer choice. He talked about the transportation facilities, and how they are out of balance. He said Mr. Oberst talked about inventory issues, and maintaining those inventories will be important as it relates to commercial properties. 4. Tom Poage. 990 Obie Street. Eugene, said he works for the property owner, Al Pierce. He said they were asked several months ago before Home Depot was involved, to look at possible channel and relocations to enhance his property. He spoke about several issues and possibilities of how to relocate the drainage ditch to utilize the property more efficiently, in addition to allowing the medium density property to drain more efficiently. He said the residential sub- division just north of the commercial and has some flooding problems, and highlighted the different options to improve the drainage in that area Councilor Simmons said the ditch is part of the old irrigation district, but it does start in the southeast comer by Weyerhauser, and comes back into the Q Street channel. Again this could be very well used to reduce the heating cost in the proposed development. He said it would be beneficial for both a water feature as well as a thermal potential. He said he realizes it may not be part of the issue tonight, but it does need to be part of the development process on that property. 5. Curtiss Greer. 357 55th Street. Springfield, asked if Springfield was going forward into the 20th Century, or are they going to stay in the 19th Century. He said he is tired of supporting Eugene, when he could be shopping in Springfield. . Springfield City Council Regular Meeting - May 7, 2001 Page - 5 . 6. Dennis Orem. 85139 Ridgetop Dr.. Eugene, Said he is the President of Jerry's Home Improvement Center, soon to be at McKenzie field next to K-Mart. He said he was testifying in opposition of the plan amendment change on the basis of land use, and the long-term benefits of Springfield for that land use change. He said it may seem a little self serving that he is addressing the council regarding this change, but he can assure the council that Jerry's competes very favorably with Home Depot on the west side of the freeway, and they will continue to compete favorably on the east side of the freeway. He said his opposition is because ofthe issue of fairness and certainty for commercial lands and businesses trying to acquire commercial lands in this market place. He said to be certain the City of Springfield has a shortage of commercial lands. He said Jerry's began three years ago searching for a piece of property to build a store on in Springfield. He said the McKenzie Field had 30 acres, Jerry's only needed 12 acres. They looked at the Pierce property and saw that it was designated in the Metro Plan to be campus industrial, and thought then that it had specific traffic problems. He said many other areas of the City were explored, and after 2 Y2 years they obtained the agreement ofWal Mart. He said they were able to jump through all the hoops necessary and finalize an agreement and the store in Springfield will be a reality. He said the rules that will be leading us out into the future in relation to the Pierce property. He said ifhe would have know 3 years ago that he could have hired consultants, and attorneys to produce the proper reports necessary to gain approval, he would have been operating in Springfield today, rather than standing up before council now. He said the rules he was operating under may be in the process of change, and life isn't always certain. He said he would tell council the things that are certain. 1) Commercial real estate in Springfield in the long term needs to be expanded; 2) commercial real estate is a long-term asset that many times takes a long time to develop and turn into value; 3) In the long-term the Pierce property will in fact be developed; 4) In the long-term we do have standards in the State of Oregon that direct our growth to very long term goals; and 5) In the long term at 45 billion dollars in sales Home Depot will operate a store in Springfield if they choose. The question is in the short term what decision council would make, and would they make that decision in the short term to meet all of those long-term goals. He said he respects council's responsibility to make the decision, and appreciates the careful consideration of this matter. . 7. Monty Luke. 1253 D Street. Springfield, said he is a strong supporter of Home Depot, and said he is in the process of doing one of many remodels in his home. He said being a parent of 7 children, he assumes there will be some tax revenues from a store of that size. He said he is a strong supporter of education and would like to see some more money funneled into the Springfield School District to help his children with their education. He said he owns his own business and is a home designer, and does a lot of work in both Springfield and Eugene. He said he also has teenage children and one of them is currently looking for a job, and would love the job opportunities for them. . 8. Mark Radabagh, (did not state his address for the record), said he was from the Oregon Dept Land Conservation and Development. He submitted a short two-page letter for the record. He said this is the third letter the Department has sent on this matter and they all have the same element of concern regarding this site being part of one of the proposed nodal nodes in the TransPlan proposal. He highlighted the reasons for his concerns. He said he agrees with the Home Depot team in that there is a shortage of commercial lands in the city of Springfield. He said currently most of the identified nodes are planned and zoned and allowed to continue auto oriented developed, and this means inappropriate and poorly designated uses that. could easily frustrate nodal development. He said to be successful, nodes generally require a mix of mutually supportive pedestrian and transit friendly uses and a good network of streets. If interim development includes inappropriate uses and is poorly laid out, the result Springfield City Council Regular Meeting - May 7, 2001 Page - 6 . would be a much larger area and perhaps a whole node unsuitable for nodal development. He spoke about the Goal 9 aspect, and the relationship with SRDC, and the whole downtown prospectus. He said what the Department would like to see is a reconsideration of the site design over this project. 9. Mike Farthing 767 Willamette Street. Suite 203. Eugene, said he represents Al Parra, and said he submitted a brief letter to be entered into the record. He said he has a few concerns about the application. He referred to a previous letter that was submitted to the Planning Commission on April 10th. He said as some of the other speakers have eluded to, he thinks it is quite frankly bad planning, it does not do anything to Springfield's commercial land shortage, he said if anything, it is spot zoning for Home Depot. He said a lot of people spent a lot of time reviewing and adopting the Commercial Land Study, and this application is basically an end run around that study. He said he thought it set's a dangerous precedence for the Pierce property. He said he has problems with the study, specifically on the transportation issues. He requested Council allow at least a week to leave the record open in order to submit written information, in order to respond as it relates to the findings He said these findings are based upon a comparison of what Home Depot will generate, versus what a full development of the Pierce site under the existing zoning generate. However, the Pierce site is based on TransPlan of 1986, it is not based on the new TransPlan that will be adopted very soon. . 10. Janet Wright. 2310 Floral Hill. Eugene, said she is the Administrator for Springfield Family Practice, located at 2280 Marcola Rd, directly east of the proposed Home Depot site She said at the time the building was completed approximately 1 Y2 years ago, , it was zoned as it currently is, light industrial, and she said the Practice would prefer that it stay that way. She said there will be a lot of noise, traffic, construction, and a lot of congestion in that area. She said as a neighbor of that site, prefer it be quieter and less traffic to allow their patients easier access to their building. She said she is also concerned with the environmental issues as well. Last, the ditch is a great concern of theirs as it is right next to their property 11. Nancy Falk. 2567 Marcola Road. Springfield, said she lives directly across from the proposed development. She said Jerry's is already approved and in Springfield and referred to the Springfield News article of March 14. She is concerned with Home Depot coming in to amend the plan, and said this is all against what was initially planned for that property as campus type light industry. She said it was never intended to be community commercial. She said she is concerned about the Department of Land Conservation and Development having already said twice, they are opposed. She said she has a petition to submit into the record requesting the City not change the Metro Plan She pleads to the council not let Springfield be another victim of Home Depot's expansion plans. 12 Harold Gillis. 2888 Yolanda Avenue. Springfield, he said the only thing that will be harmed at the site are the geese, they are a lot of fun to watch. He spends a lot of time on the freeway since he retired traveling to both Jerry's and Home Depot. He is pleased both stores want to move to Springfield, but said he thinks Home Depot belongs on the old airport property. . . 13. Tim Cohen. 1010 Dondea Street. Springfield, said he owns Black Sheep Building, and has a total of 220 receipts reflecting purchases over the last two years from Home Depot. He said he lives off of Jasper Road, and it would be greatly efficient for him to be able to shop in Springfield. He said there are many other contractors who are not present tonight would agree with that statement. He said the issues related to zoning, thermal activity and drainage are all in the eyes of the beholder. He said the stability of the . quantity and quality of people that are involved on both sides of the issue for Home Depot and the City of Springfield, there is tpore than enough ability to resolve all ofthe areas that need revisions, and discussed Springfield City Council Regular Meeting - May 7, 2001 Page - 7 . to be brought to the table and resolve in order to have a Home Depot in Springfield. He said he is in favor of Home Depot, and feels this is a positive move for this city. 14. Brent McLean. 509 North 38th Place. Springfield. said he spoke at the zoning meeting held last month. He said he doesn't doubt Home Depot's sincerity in the building ofthis development. He said he is neutral on the issue. He said he has spent 30 - 35 years, and is in favor of commercial and industrial construction, he said he is a masonry contractor. He said the concept of two major building suppliers is a good idea, and competition cannot be bad. He said his arguments to spot zone change and pick locations to accommodate the convenience of people, is a dangerous idea. Are we giving tax breaks on this business, which would stand to gain over 1 million just in the zone change alone, is a question he is asking. We should allow all industrial to be put on the table due to low inventories. He said this is just the beginning, he said this zone change could cause miles oflitigation and mitigation or challenges to all industrial zoned property in Springfield. He said he looks forward to councils' decision on this matter. 15. Earl Grigsbv.790 J Street. Springfield, said he does shop at Home Depot, and does shop at some of the local stores in Springfield. He said this proposed building would be something Springfield could be proud of. He said he would like to see the citizens of Springfield be interested in increasing the quality of the City, and would like everyone to come together to determine what would benefit for tax income, more money for schools and working towards the common good. He said this property is a good start for Home Depot, especially to build something nice as they are proposing. Mayor Leiken closed the Public Hearing. . Mr. Oberst asked that he be given the opportunity to summarize all that was stated in the public testimony. He said the main issue before Council is essentially whether or not this is consistent with the Metro Plan Diagram, in the Metro Plan text in whether or not we are consistent and in tune with the goals of the Metro Plan, and whether or not by doing so, we are making the Metro Plan internally inconsistent. He said basically those are the criteria. Are we consistent with statewide goals adopted by LCDC, and are we making sure our plan is not internally inconsistent by this change. He said staff was responsive to the States letters. He said they have also met with the state staff. He said the issue that staff had with the states suggestions were simply that the City has an adopted set of plans and a property owner, developer or applicant has a right to base their decisions for a purchase acquisition or proposed zone changes upon those adopted plans. He said while we are currently considering the implementation of nodes in Springfield, through TransPlan; TransPlan is yet adopted, therefore it is not a plan that staff is able to use by which to write staff reports or base a decision. He said the Planning Commission cannot base a decision on that either. He said he wanted to make sure council had that background and they have not ignored the states concerns, staff worked with them and tried to explain to them that we have to apply the codes that are adopted He said wee have adopted a commercial lands inventory, and industrial lands inventory. He said as of today, as far as staff can tell, the industrial lands inventory has a surplus, and Springfield's commercial lands inventory has a deficit. He said when the proposal was reviewed by the criteria of approval, they are looking at the consistency of balancing industrial commercial, with residential. He said when looking at this property the questiop is whether or not it is a good place. It would rezone some campus industrial, with some net gain, and would be made in the MDR. Mr. Farthing said this won't be part of the surplus, this will be used. When an applicant comes to staff, it is perfectly within their right to argue the merits of their proposal. The criteria of approval are consistent with the rules adopted, and the adoption of the amendment must not make the Metro Plan internally inconsistent. He said the staff report has findings to this effect. He said this proposal meets the findings positively, which is why staff is recommending approval. He said understanding that Mr. Farthing did not have a lot of time between the Planning Commission's final decision, and in recognition ofthat, staff would recommend that the record be held open for 5 days to a week, to allow Mr. Farthing to review the record, review the Planning . S'pringfield City Council Regular Meeting - May 7, 2001 Page - 8 . Commission decision and their findings, and submit any supplemental information that he would choose. However, staff would also recommend that the applicant be given an additional 5 days to rebut that information, then council convene again in two weeks to close the record. He said this is just an option in order to provide everyone an opportunity to feel like they have had a fair hearing, they have had time to review the information and make their comments to the record. City Attorney Joe Leahy said staff would suggested council close the public hearing tonight, and keep the record open. Mr. Leahy inquired of Mr. Farthing whether 10 days would meet his needs. Mr. Farthing acknowledged yes, 10 days would meet his needs. \ Mr. Leahy said the applicant would then have 7 days after that time, and inquired of the applicant. The applicant acknowledged that would be satisfactory. Mr. Leahy said again staff would recommend closing the public hearing tonight, and keep the record open for 10 days beginning May 8, 2001, until May 18th, at 5 p.m. for any new information, or information that people choose to put in, and then it will be open an additional 7 days to 5:00 p.m., on May 25,2001, for response by the applicant. The record would then be closed at that time on May 25,2001, at 5 p.m. He said this would then come back to council at it's June 4,2001 meeting, the council would make a decision on the basis ofthe information they heard tonight, as well as the information entered into the record during the time in which it was kept open, with no further pubic testimony. . IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR FITCH TO FOLLOW STAFF RECOMMENDATION AS TO HOW LONG THE RECORD SHOULD BE OPEN, AND TO CONTINUE TO THE SECOND READING ON JUNE 4, 2001, AS IT RELATES TO THE HOME DEPOT APPLICATION FOR THE METRO PLAN DIAGRAM CHANGE. THE MOTION PASSED WITH A VOTE OF 5 IN FAVOR AND 0 AGAINST. At 8:30 p.m., Mayor Leiken called for a 3-minute recess. The meeting was reconvened at 8:35 p.m. 3. A Resolution Initiating Annexation of Certain Territory to the City of Springfield. Arlie & Company, Applicant, (Journal No. 2001-04-0083.) RESOLUTION NO. 01-28 - A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD AND REQUESTING THAT THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVE THE ANNEXATION. AND REQUESTING THAT THE ANNEXATION REVIEW BY THE BOUNDARY COMMISSION OCCUR DURING A PUBLIC HEARING. . Planning Manager Greg Mott was present for the staff report. He said the resolution before Council tonight was initiated by the owners of property in the Gateway area. He referred Council to their packet (Exhibit B- 2) that shows the property subject to the resolution, which are tax lots 800, 902, 1000, 1100, 1200, 1201, 1203 and 1400. He said there are properties immediately west of the railroad right-of-way between Game Farm Rd and the river that are not part of the annexation, nor is tax lot 90 I, which is joint ownership with the City and SUB where there substation facility is located. He said the applicants have submitted confIrmation from the Department of the Chief Deputy County Clerk, confirming the number of registered voters on the subject S'pringfield City Council Regular Meeting - May 7, 2001 Page - 9 . property, and the fact that they have a majority of those people to sign the petition, as well as owners ofthe property. This satisfies the requirements of the ORS regarding a property owner initiated annexation request. He said this is scheduled to go before the Boundary Commission on June 7, 2001 and council's recommendation, which means it would go forward with either the adopted Resolution, or a recommendation that you don't support the request. He said Council's action is advisory to the Boundary Commission. Mr. Mott said staff is supporting the request based on 1) the entire site be the subject of a master plan, and the development includes a master plan specification Article #37, and that would be subject to a public hearing before the Planning Commission. He outlined the essential components ofthe master plan. 2) The development would not occur until the Pioneer Parkway Extension (PPE) was constructed. He said this action and a subsequent approval by the Boundary Commission still will render the property not developable, because neither sewer nor water are provided to this site. He said those will occur subsequent to the approval of the master plan. He said this is not part of council's action tonight. He said Mr. Reed from Arlie and Co, was present tonight to respond to any questions that council may have. Councilor Ralston asked if the PPE cut through part of this property? Mr. Mott said yes, and referred to Exhibit B-2 and highlighted where it would be placed, and said it would be incorporated into the Master Plan. Councilor Ballew asked ifthe Beverly pumping station would be have to be replaced, and if so would it have to be pumped or would it be a gravity flow. Mr. Peroutka said it would be a gravity. . Councilor Lundberg said Mr. Reed did an adequate job at the neighborhood meeting, it went well and was very informative. She said the neighbors had very good questions, and Mr. Reed answered well, and was quite receptive. Mayor Leiken opened the public hearing 1. Larry Reed. 722 Country Club Rd.. Eugene, said he is the Director of Planning and Development for Arlie and Company, Land and Investments. He said this is the fIrst time before the council since employed for Arlie and Co. He explained that Arlie & Co, is a family owned company. He said the company President is Suzanne Arlie and her husband John Musumechi. He said there are two divisions in the property, Arlie Property Management, which manage and lease various holdings; then there is Arlie Development, whichis the division that he manages. He said they take under utilized or vacant property and go through the various entitlements and planning approval to develop. He said they purchased approximately 105 acres along the east side of Game Farm Rd., of which 94 acres are currently in this request. He said the reason the additional acreage isn't in the request is because they have just purchased tax lot 300, and 700, which encompasses all of the land, which is involved with the extension ofthe Pioneer Parkway. He said they purchased the land from four different property owners, and feel with this magnitude a development they are looking forward to doing a nodal development. They have a vision for how that is going to occur, and the neighborhood seems very excited. He said they are committed to doing a master planned community under the cities Chapter 37, and have spent over 8 million dollars in purchasing the acreage. With that they will need the certainty that annexation brings to this project in order for them to continue working with the city staff to master plan the area. . . Springfield City Council Regular Meeting - May 7, 2001 Page - 10 . Councilor Simmons said because ofthe proximity to the river, the McKenzie Watershed Council would like to invite Arlie and Co to meet with them. He thinks it would be helpful to Mr. Reed's staff in working on the project. Mayor Leiken closed the public hearing. City Attorney Joe Leahy asked for clarification on instruction to staff. He said he would like to propose an additional Section 3 to the resolution that would state, "This resolution is based upon the assumption that city staff has or will reach agreement with the property owner for the provision of key urban services and a master plan pursuant to Springfield Development Code, Chapter 37, satisfactory to the city staff prior to the boundary commission hearing." He said staff simply wants to be sure when they go to that hearing they can stand shoulder to shoulder with the applicant and say "Yes" that we have the provision of key urban services. Councilor Ralston asked about the additional tax lots that were just purchased, and wondered if that would be included in this also? Mr. Mott said he spoke to Mr. Reed previously, and was advised by Mr. Reed that they had closed on additional properties, however it was too late to include those properties into this action.. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR SIMMONS TO ADOPT RESOLUTION NO. 01-28, WITH THE ADDITION OF SECTION 3 AS STATED BY CITY ATTORNEY JOE LEAHY. THE MOTION PASSED WITH A VOTE OF 5 IN FAVOR AND 0 AGAINST. . Councilor Ballew said she does not normally support non-contiguous annexation, however it appears the developer has worked with the City and as this folds out everything will be in place, and supports this. BUSINESS FROM THE AUDIENCE 1. Curtis Greer. 357 55th Street. Springfield, said he came down to tonight with one thing on his mind, and I that was the Mayor's first proclamation. He said he has a problem with declaring one month as gun safety month. He said that is a 24-hour day, 7 day a week, 52 week a year situation. He does not think it should be regulated to one month. He would suggest that Springfield be de,clared as a gun safety community rather than declaring one month for it. He said he believes there is city regulations that require law abiding gun shops what they can post in front of their shops as to what they are selling. However, he said he doesn't think the City of Springfield has taken any action against the doctors and the hospitals for placing lies and false advertisement on the b~ck end of the Lane Transit District (LTD) buses that are running through town. He said he has spoken to Obie Media and Ed. Bergeron at LTD. He would like the City to take a stand to remove those ads. Mayor Leiken said he would like to respond to the proclamation issue. He said he agreed with Mr. Greer, as a young child his father taught him every gun is loaded. He said as a former member of the NRA. He said this was simply a leisure for the Mayor to declare a proclamation, which coincided with the State of Oregon and the City of Eugene, all at the same time. CORRESPONDENCE AND PETITIONS . 1. Correspondence from Bonnie Ullman, President & Board of Directors, Game Farm Neighbors, 3350 Oriole Street, Springfield, Oregon, Regarding the Proposed Changes to the Northern Connector of the Pioneer Parkway Extension. Springfield City Council Regular Meeting - May 7, 2001 Page - 11 . 2. Correspondence from Mike and Francie Duggan, 3154 W. Street, Springfield, Oregon, Regarding the Home Depot project in Springfield. 3. Correspondence from Frank and Celia Roberts, 41590 Madrone Street, Springfield, Oregon, Regarding the Home Depot Project in Springfield. 4. Correspondence from Don and Bonnie Carrere, 36589 Alder Branch Road, Springfield, Oregon, Regarding the Home Depot Project in Springfield. 5. Correspondence from Robert and Beverly Bixby, 176 18th Street, Springfield, Oregon, Regarding the Home Depot Project in Springfield. 6. Correspondence from Jay Surgeon, 2915 Game Farm Road, Springfield, Oregon, Regarding the Home Depot Project in Springfield. 7. Correspondence from Robert Erick, 1941 Carter Lane, Springfield, Oregon, Regarding the Home Depot Project in Springfield. 8. Correspondence from Carolyn O'Neal, 1095 C Street, Springfield, Oregon, Regarding Shakers, located at 12th and Main Street. . IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW TO ACCEPT THE CORRESPONDENCE FOR FILING WITH THE ADDITIONAL CORRESPONDENCE RECEIVED. THE MOTION PASSED WITH A VOTE OF 5 IN FAVOR AND 0 AGAINST. BUSINESS FROM THE CITY COUNCIL Councilor Ralston said the Museum Board is requesting an addition of a quarter of a position, and said Council would have an opportunity to review that at it's next Budget Committee Meeting. He said it wasn't clear in their documentation, and said he doesn't think an option of not funding a position is not a good idea. He said there is nothing substantial to report at the LRAP A or Planning Commission meetings at this time. Councilor Simmons said the Police Planning Task Force is working on an exclusion ordinance in the downtown area, and the department now has two computer units up and running in the cars, and are actively working on the installation of the others. He said the system is going to be a real labor saving devise. He said the other departments will also be able to make use of this in cutting down the amount of paperwork on Fire Inspections and Building Inspections, so the advantage of the mobile data system will be quite substantial over time. BUSINESS FROM CITY MANAGER 1. Fiber Optic Connection to Regional Information System. RESOLUTION NO. 01-29 - A RESOLUTION APPROVING AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR THE CONTROL AND OPERATION OF A FIBER OPTIC SYSTEM. . Springfield City Council Regular Meeting - May 7, 2001 Page - 12 . Project Manager Len Goodwin was present for the staff report. He said what council has before them is a resolution of showing how well governments can cooperate together. He said this involves us taking over a section of fiber optic cable, which runs between the Maintenance Facility, and somewhere in downtown Eugene. He said the greatest potential is for economic development. It will facilitate connecting the SUB fiber optic network that encircles Springfield to some of the major connection points that connect us to the outside world. He said it would facilitate the University of Oregon into facilities in the City of Springfield. He said as a minor aspect it also has the potential for an intergovernmental connection, will probably be the fIrst thing that actually happens. What this will do is to connect city government facilities, Lane County, LCOG, LID, and the University of Oregon, all together into an intergovernmental network which will facilitate them all to communicate back and forth, replacing existing facilities and expanding it to take on additional needs as the demands grow. He said the cost is approximately $17,000. For a 20-year for an indefeasible right of use. He said we are probably ready to light the fiber at the intergovernmental portion almost immediately. Councilor Ballew said this is a very big step, and asked for council's to support. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR FITCH TO APPROVE RESOLUTION NO. 01-29. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. BUSINESS FROM THE CITY ATTORNEY . Mr. Leahy thanked Council for the additional time in the public testimony portion. He said it is important to allow people that opportunity as some issues are very complicated and emotional which requires some additional time. He said the more fair Council is during the hearing process, the less inclined people are to resort to an appeal, or something like that. He said it definitely reflects well on the Council as a whole, and appreciates their understanding. ' Councilor Simmons requested that staff prepare a letter of Thank you to Masood Mirza who will be leaving the City as of May 18, 2001. ADJOURNMENT The meeting was adjourned at 8:55 p.m. Minutes Recorder - Kim Krebs ~-~~ ~~ Tammy itch, Presiding U Officer " .