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HomeMy WebLinkAbout06/04/2001 Regular - -. . . . . MINUTES OF THE REGULAR SESSION OF THE SPRINGFIELD CITY COUNCIL HELD ON MONDAY, JUNE 4, 2001 The Springfield City Council met in Regular Session at Springfield City Hall, Council Meeting Room, 225 Fifth Street, Springfield, on Monday, June 4, 2001, at 7:10 p.m. with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, and Councilors Ballew, Fitch, Hatfield, 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 announced for the record, this was not the time for public testimony related to the Home Depot Metro Plan Diagram Change, it is time for the council to deliberate and vote on the issue. He said for those citizens in the audience they are welcome to stay and listed to the deliberations, again no public testimony will be heard. Joe Leahy said given the complexities of the Oregon land use planning rules. The public hearing was closed. In the event someone should try to come forward and speak on the issue, the Mayor would have to strike his gavel and end the testimony. This is a requirement of Oregon Land Use law, not of the City of Springfield or it's Council. SPRINGFIELD UPBEAT I. City Manager Mike Kelly recognized Al Gerard, Fire and Life Safety, for his Ten years of service to the City of Springfield. 2. City Manager Mike Kelly recognized Fred Lundgren, Fire and Life Safety, for his Twenty years of service to the City of Springfield. 3. City Manager Mike Kelly recognized Michael Metzger, Fire and Life Safety, for his Twenty years of service to the City of Springfield. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Resolutions RESOLUTION NO. 01-37 - A RESOLUTIN TO ACCEPT PERMIT PROJECT P30095: PIERCE INDUSTRIAL PARK ( PIERCE PARKWAY. 31 ST TO EAST) PUBLIC IMPROVEMENTS. Minutes of the Springfield City Council Regular Session - June 4, 2001 Page - 2 . 2. Other Routine Matters a. Accept the Bid Price from Power Ford Lincoln Mercury of Newport, Oregon, for the Purchase of a Three Quarter-ton Pickup in the Amount of$18,166.00 for the Public Works Department. b. Approve the Contract with Integrated Archive Systems, Inc., for the purchase of a Tape Drive Backup System in the Amount of $52,840.00 for the Information Technology Department. c. Authorize the City Manager to execute the Intergovernmental Agreementwith Lane County Animal Regulation Authority for Animal Shelter Services, in the amount of $2500.00 per month commencing on July 1,2001, and terminating on June 30, 2004. PUBLIC HEARINGS. 1. Budget Transfer and Supplemental Budget Resolutions. . RESOLUTION NO. 01-38 - A RESOLUTION TRANSFERRING AND RE- APPROPRIATING FUNDS IN THE GENERAL FUND. SPECIAL REVENUE FUND. TRANSIENT ROOM TAX FUND. BANCROFT REDEMPTION FUND. BOND SINKING FUND. G.O. CAPITAL BOND FUND. SEWER OPERATIONS FUND. EMERGENCY MEDICAL SERVICES FUND. BOOTH-KELLY FUND AND THE VEHICLE AND EQUIPMENT FUND. RESOLUTION NO. 01-39 - A RESOLUTION ADmSTING APPROPRIATIONS IN THE GENERAL FUND. SPECIAL REVENUE FUND. SDC PROJECTS FUND. AND THE INSURANCE FUND: RECOGNIZING AND APPROPRIATING REVENUE IN THE GENERAL FUND. SPECIAL REVENUE FUND. SDC PROJECTS FUND. AND THE INSURANCE FUND. Finance Director Bob Duey was present for the staff report. He said several times throughout the fiscal year the Council is requested to make adjustments to the budget to reflect needed changes in planned activities, to recognize new revenues such as grants or to make other required adjustments. He said the overall financial impact ofthe Regular Budget Transfer Resolution to transfer and re-appropriate $875,833, and the overall impact of the Supplemental Budget Resolution is to increase total appropriations by $129,742. Council is asked to approve and adopt both. Councilor Lundberg declared a conflict of interest due to her relationship with Springfield Together. Councilor Ballew said there is a great improvement from the last budget transfer and supplemental budget resolution passed last November. Mayor Leiken opened the public hearing. Noone appeared to speak. . Minutes of the Springfield City Council Regular Session - June 4, 2001 Page - 3 . Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH, TO APPROVE RESOLUTION NO. 01-38. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST, AND 1 ABSTAIN (LUNDBERG). IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH, TO APPROVE RESOLUTION NO. 01-39. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST, AND 1 ABSTAIN (LUNDBERG). 2. Vacation of Right of Way (Parker) Journal Number 2001-04-070. ORDINANCE NO. 5983 - AN ORDINANCE VACATING A PORTION OF COMMERCIAL STREET RIGHT-OF-WAY LOCATED IN THE CITY OF SPRINGFIELD. LANE COUNTY OREGON. . Planner II Colin Stephens was present for the staff report. He said this vacation request is consistent with the criteria for approval set forth in Article 9, of the Springfield Development Code. He said the right-of-way to be vacated is a small portion of an un-improved piece of public right-of-way aligned in an east/west configuration across the applicant's property. The applicant recently received City approval to partition his property into three parcels. As a condition of approval, the applicant dedicated to the City sufficient right-of-way to extend 30th Street to the north to the existing section of Commercial Street right-of-way. He further said at approximately the same time, the City negotiated with property owners to the east of the applicants property to obtain sufficient right of way to connect Commercial Street through from the applicant's site to its current western terminus. He said there are no negative effects on access, traffic circulation and emergency service protection, or any other public benefit derived from the easement, right- of-way, or plat. This request does meet all criteria approval. 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. 5983. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE . 1. Kari Westlund. 115 8th Avenue. Eugene, said she is the President of the Convention and Visitors Association of Lane County, Oregon. (CV ALCO), thanked the opportunity. A lotofthe issues have been addressed. CV ALCO is in the business to bring business and dollars to lane county. A lot of what we sell are your convention and lodgings. Very competitive, those room rates matter to meeting planners when trying to determine where to take their conventions. Key component in an increase, the leisure traveler that travels the 1-5 corridor. A lot of competition up and down the corridor, that would put us out of the competitive balances. Very serious issue no matter what the fraction of the dollar. Minutes of the Springfield City Council Regular Session - June 4, 2001 Page - 4 . 2. Dan Egan. 850 No. 6th St. Springfield, said he is the Executive Director of Springfield Chamber. Thanked for the time, sat in on the work session. Next week the information provided will hopefully help council in deciding this issue. Raising the room tax by the small percentage that is proposed will not help the overall financial problems ofthe city. He would ask council to be very careful about that. He has said raising a rate even a small one, rates are evaluated and review, between the two cities. The only other city that would have a higher rate would be Portland. Just the beginnings a short term solution, tweak the internal percentage with room tax dollars are a better idea than raising the rates. Look forward to. 3. Pat McShane. 85203 Christensen Rd.. Eugene. Said it may seem like a small increase, but not so to those people who bring major groups into an area. The small increase would be a determining factor on whether or not conferences and individuals will stay in the facilities. He said it would be a tremendous negative impact on the industry. He said the information provided earlier tonight will illustrate the tremendous impact. 4. Todd Cooley. 969 Kruse Way. Springfield, Suites Hotel in the Gateway area. A lot of . discussion tonight about the numbers in terms of gross, impelling reasons to increase or not increase. The theme is a partnership, industry that will be providing jobs, intelligently and cohesively. He said the explosion of tourism in the Gateway area is at 1250 rooms. The time for this proposed increase is not right, and he requests that council reconsider, and not try to balance the budget with this increase. . 5. Doreen Soler. 3550 Gateway. Springfield, Marketing director Pacific 9 Motor Inn. Strongly opposes the tax increase. Highly competitive industry. Halsey doesn't charge a room tax at all, when we compete with them room rates must be lowered in order to entice visitors to come to Springfield. She attended the economic development meeting at the Double Tree last week, and what she heard at that meeting is Springfield wants to be open and welcome visitors. She said it is time to sell Springfield as a community that wants to bring new people into the community. 6. George Rogers. 3280 Gateway Rd.. Springfield, General Manager at the double tree. Two basic segments, Big consideration of 10% factor. Eugene has already stated they will use this as a competitive edge against Springfield. 7. Debra Delegato. 850 N. A Street. Springfield Represents Springfield Chamber of Commerce. This is critical, however this is not the answer we go forward with. There are a lot of real negatives, email survey of the board, the biggest concern, is that right now we are spearheading an effort to build civic events in our city. There has been quite a bit of support for finally getting the civic space we need in Springfield. Big concern is we may not have room to do that, if we raise the room tax we are creating a real adverse effect. She urged council to be sensitive, as this will really hamper the efforts up to this point. Mayor Leiken said for the audience Council had a discussion earlier in it's work session regarding the Transient Room Tax issue. He said Council will be discussing this item again in a future work session. . Minutes of the Springfield City Council Regular Session - June 4, 2001 Page - 5 . CORRESPONDENCE AND PETITIONS 1. Correspondence from Julie A Warberg, 5729 Main St., Springfield, in support ofa Tobacco Free Lane County. 2. Correspondence from Elizabeth Midwinter, 1456 Barbur, Eugene, in support of a Tobacco Free Lane County. 3. Correspondence from Nancy Wilhelm, 2730 Nova St., Springfield, in support of a Tobacco Free Lane County. 4. Correspondence from Shirley Longworth, 4536 Ivy St., Springfield, in support of a Tobacco Free Lane County. 5. Correspondence from Corinth Cooper, 2505 Harvest Ln., Springfield, in support of a Tobacco Free Lane County. 6. Correspondence from Anjeanette Ransdell, 938 L St., Springfield, in support of a Tobacco Free Lane County. 7. Correspondence from Renee Walton, 83470 N. Jackson, Creswell, in support ofa Tobacco Free Lane County. . 8. Correspondence from Teresa Ellistan, 3124 W St., Springfield, in support ofa Tobacco Free Lane County. 9. Correspondence from Brenda Scotthurn, 830 19th St., Springfield, in support ofa Tobacco Free Lane County. 10. Correspondence from Sarah Ivey, 8450 McKenzie Hwy, Springfield, in support ofa Tobacco Free Lane County. 11. Correspondence from Marcy Darr, 1264 W. Olympic St., Springfield, in support of a Tobacco Free Lane County. 12. Correspondence from Marie Bli1ie, 2625 20th St., Springfield, in support of a Tobacco Free Lane County; 13. Correspondence from Brian Taylor, Brian Taylor Construction, 2318 North 32nd St., Springfield, in support of Home Depot. 14. Correspondence from Mary Obie, 1332 34th St., Springfield, in support of the proposed Home Depot zone change. 15. Correspondence from Rowland and Ruth Campbell, 6926 B St., Springfield, in support of Home Depot. . 16. Correspondence from Timothy Jensen, 3688 Cherokee Dr., Springfield, in opposition of the proposed Home Depot zone change. Minutes of the Springfield City Council Regular Session - June 4, 2001 Page - 6 . 17. Correspondence from Bill and Jeanette Whitledge, 2685 Marcola Rd., Springfield, in opposition of the proposed Home Depot zone change, and requesting City Council to delay it's decision. 18. Correspondence from Richard Kosesan, Executive Director Oregon Neighborhood Store Association, 1270 Chemeketa St., NE, Salem, regarding the development of local tobacco ordinances. City Attorney Joe Leahy said item No. 13 - 17 listed under correspondence and petitions will be placed in the council record, but not be in the record of the hearing as it relates to the Home Depot zone change because that public record is closed. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BYCOUNCILOR FITCH TO ACCEPT THE 18 ITEMS OF CORRESPONDENCE FOR FILING. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BIDS ORDINANCES 1. Metro Plan Diagram Change: Jo. No. 00-12-254. . ORDINANCE NO.2 - 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 31sTSTREET AND SOUTH OF YOLANDA. Mayor Leiken said before Ms. Summers provides her staff report, he will turn the meeting over the City Attorney Joe Leahy for additional comments prior to Council's deliberation. Planner II Sarah Summers was present for the staff report. She said the initial staff report was provided at it's first reading and public hearing by Mel Oberst in her absence. She stated she wanted to call Council's attention to Article 7 the Metro Plan Amendments criteria. She said those are the criteria that Council should use during it's deliberation. She said she has a letter to enter into the record tonight two pages from Kittelesen and Associates. She said these pages were received in during the time period for rebuttal from the applicant. She said these were mistakenly omitted from Council's packet. She said there is nothing new, except that it is a clarification of transportation issues. . Mr. Leahy said the Mayor asked him because of the controversy surrounding this issue, about ex- parte contacts. He said it was his understanding that that there have been a number of contacts that have been made to various councilors in the exercise of their going about being citizens in the City of Springfield. He said he wanted the Councilors to think about the nature of those contacts, and asked them to disclose them on the record if they are able to in terms of their recollection. He said based on the conversations he has had with a few ofthe City Councilors that most, if not all of those contacts were the type of information that is already in the record in letters and in testimony, and they were merely duplicate of testimony and things that they have heard previously. If there is anything beyond that, he asked that Council please disclose that. He Minutes of the Springfield City Council Regular Session - June 4, 2001 Page - 7 . said also he would ask each Councilor to search their mind and heart and indicate that not withstanding those ex-parte contacts that were made, that each member of the Council feels they are able, or are not able to render an impartial decision on the land use development application before them. Councilor Ballew asked for a brief definition of an ex-parte contact. Mr. Leahy said it is a communication with Council outside the record, either the communication did not occur during the public hearing in front of them, or a communication that did not occur during the submission of a letter or communication into the record. He said he presumes that each member of the Council is aware of the record, and has reviewed the record. He said anything beyond that that was communicated to them outside of the record, hearing, someone stopped them in the grocery store, someone called on the phone requesting approval or denial. He said again he is assuming from what he has read, 99.9% of those contacts and substance of those contacts are reflected in the record through other citizen comments. . Councilor Hatfield said he has received several ex parte contacts, however the context of those communications, were inclusive of the information already in the record. Councilor Fitch said she too has received ex-parte contacts, and were also inclusive of information already on record. . Councilor Simmons also received ex-parte contacts, but were not inconsistent with the record. He said he also has an inuity of which a minor portion of that investment is with Home Depot, but he does not have any active control over that. Councilor Ballew said family, friends, and neighbors have opinions, however there was not anything that was outside the record. Mayor Leiken said he too has had ex parte conversations but nothing outside of the record. He said he does have personal friendships with those who have been involved with the property sale of the proposed site where Jerry's Home Improvement is locating. Councilor Lundberg, asked a question about e-mails, because there were numerous e-mails received, and perhaps there was some information included in those that was not necessarily record. Mr. Leahy asked ifthose e-mails would have any bearing on her decision. Councilor Lundberg responded, No. Councilor Ballew said she received an e-mail that was virus latent, and she is not going to read it, and will delete. Councilor Ralston said he has had several calls, personal contact, however, no substance was disclosed that would affect on his decision-making. He said he could make an unbiased decision. . Mayor Leiken thanked all the members of the audience. He said he understands this is a very important issue as it relates to land use decisions. For ease, during deliberation each councilor Minutes of the Springfield City Council Regular Session - June 4, 2001 Page - 8 . will have a chance to discuss and ask questions, he said this is a land use decision to make, regardless of whom the applicant was. Councilor Hatfield thanked all the citizens for their letters and support. He apologized for not returning some calls, he was in the hospital. He said he hoped the citizens understood that this was not a referendum on Home Depot, nor was it a beauty contest between Home Depot and Jerry's Home Improvement. . Councilor Fitch asked Ms. Summers whether there was another location considered at any time during the process. Ms. Summers said not to her knowledge. Councilor Simmons said the record is substantial, he believes the current zone for the property is consistent for the metro plan, it is a difficult decision to look at, he believes the current zoning is consistent with the long-term goals of the city. Councilor Ballew, said she doesn't think this is an inconsistent change of use for this particular property. She would be inclined to approve the requested change. . Councilor Lundberg said she has spent more time on this issue than any other. She said is it important to try and keep everything into prospective, tying to determine what this properties use should be. She said it is important to separate what the issue is and who it is. She said in looking at this for the long term, she has a great deal of hope that her children will stay and live in this community when they are grown. She has thought long and hard about the decision she must make. She has driven by the property several times in hopes it would help her with the decision. She said it is important for each member of the Council to think of the community as a whole. There are a lot of sites she would like to see developed. She is supportive of this piece of property staying the way it is currently zoned. Councilor Ralston, said he lives close to the area, and drives by frequently. He too has stopped and parked at the site. He said the noise and congestion in the area are a concern to him, he doesn't think the criteria is inconsistent. He said because of his experience on the Planning Commission, he is very conscious of the criteria. As a City Councilor it is important to look at the long-term and future development of the site. Mr. Leahy reminded council that this discussion should surround the zone change issue, and remember to keep to the topic. Mayor Leiken too reminded council the debate and deliberate on the issue at hand. . Councilor Hatfield said the issue is not Home Depot, it is the future of the City of Springfield. He said he debated with his conscience. He said Springfield is aggressively pro-business, and wants to send that type of message, however it may be setting an expectation in zoning and metro-changes to satisfy demand. He said he agrees with Councilor Ralston, while on the Planning Commission you look at things a little differently. He said he was impressed with the thoughtfulness, many of the letters indicated they want to shop in Springfield instead of Eugene, and would eliminate miles traveled. He said there is a limited supply of land, and wonders what Minutes of the Springfield City Council Regular Session - June 4, 200 1 Page - 9 . then would become our priorities. We need family wage jobs, and said the principal focus in Springfield is promoting family wage jobs, campus industrial and light industrial zoning. Mayor Leiken opened up for additional comments from the Council. Councilor Ballew said whatever the motion is going to be it needs to be very clear, because at this point she does not know what it should be. Mr. Leahy said if there appears to be a consensus ofthe Council for a denial of the staff recommendation and the recommendation of the Planning Commission, perhaps we can articulate that in a straw manner, and staff would then prepare some findings and bring them back to Council at it's next regular meeting for adoption when the final motion is taken. COUNCILOR HATFIELD STATED THE MOTION WOULD BE TO REJECT ORDINANCE NO.2, WHICH WOULD BE TO DENY THE METRO PLAN ZONE CHANGE REQUEST. Mayor Leiken asked Council to raise their right hand. Mayor Leiken said the straw vote is 5 to reject. Mr. Leahy said base on this straw vote, staff will prepare findings for Council's review that are consistent with the discussion that they had at this meeting, and for a formal order at that time. . Mayor Leiken said this has been a very difficult decision to make. He said it is important for the community to know that Springfield is still open for business. He said family wage jobs, and opportunities, are very important. He said Springfield is very much opened to Home Depot, and said the issue at had is a zoning issue. He said the Council as a whole wishes to express their appreciation for all the hard work involved. BUSINESS FROM THE COUNCIL Councilor Hatfield thanked the council for approving TransPlan. Councilor Lundberg said at the LCOG meeting a draft letter to all metro and rural newspapers there were issues with the livability forum. They are planning to use that letter as an insert for the local newspapers. Councilor Lundberg said the Human Services Commission is still struggling with their budget, although Springfield's contribution was great, the County has not decided whether or not to pull their funds. She said letter is currently being drafted requesting the state take careful consideration when distributing their homeless funds. Mayor Leiken said he attended the Memorial Day Services, and Chief Smith gave a speech regarding the Prisoners of War. He said it was an emotion service, and commended Chief Smith on his speech. . Minutes of the Springfield City Council Regular Session - June 4, 2001 Page - 10 . BUSINESS FROM THE CITY MANAGER 1. Bus Rapid Transit (BRT) Resolution. RESOLUTION NO. 01-40 - A RESOLUTION APPROVING THE CONCEPTUAL ALIGNMENT OF THE LANE TRANSIT DISTRICT BUS RAPID TRANSIT PHASE 1 PROJECT. Traffic Manager Nick Amis was present for the staff report. Tentatively agreed to the conceptual alignment resolution. Action requested to approve. What would happen at south A street PPE and South A, L TD staff there is a reduction of level of service at that parkway, if ou do minor improvements L TD staff had modeled. The important thing to remember, next week staff will sit down for staff workshop with ODOT based on the discussions at the work session that will be discussed at that time. A lot has to do with the location of the Springfield Station. He said adoption of the concept is still subject to the terms in the Intergovernmental Agreement (IGA). Councilor Lundberg said she agonized over this decision, however out of the spirit of cooperation, she will vote in favor of the conceptual alignment. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH TO APPROVE RESOLUTION NO. 01-40. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . 2. Downtown Springfield Station Resolution. RESOLUTION NO. 01-41- A RESOLUTION APPROVING SITE I - WEST AS THE LANE TRANSIT DISTRICT DOWNTOWN SPRINGFIELD STATION LOCATION. Traffic Manager Nick Amis was present for the staff report and said he was available for questions of Council if there were any. Mayor Leiken said he appreciated all the hard work ori this issue from both City of Springfield and L TD staff. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH TO APPROVE RESOLUTION NO. 01-41. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE CITY ATTORNEY . There was none. . Minutes of the Springfield City Council Regular Session - June 4, 2001 Page - 11 . ADJOURNMENT The meeting was adjourned at 8:37 p.m. Minutes Recorder - Kim Krebs ATT~~ Kim Krebs, City Recorder . .