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HomeMy WebLinkAbout07/02/2001 Regular . ~:ity of Springfield Regular Meeting . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, JULY 2,2001 The city of Springfield council met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, July 2,2001, at 7:00 p.m., with Councilor Fitch presiding. ATTENDANCE Present were Councilors Ballew, Fitch, Hatfield (via conference call), Lundberg, Ralston and Simmons. Also present were City ManagerMichael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Tim Harold, Administrative . Coordinator Julie Wilson and members of the staff. Mayor Leiken was absent (excused). PLEDGE OF ALLEGIANCE . The Pledge of Allegiance was led by Councilor Fitch. SPRINGFIELD UPBEAT 1. City Manager Mike Kelly recognized Scott Price, Fire and Life Safety, for ten years of service to the city of Springfield. .2. City Manager Mike Kelly recognized Stuart Sabatka, Fire and Life Safety, for ten years of service to the city of Springfield. CONSENT CALENDAR Councilor Fitch announced that item 3(a), Resolution No. 01-48 was revised to reflect July 2,2001 as the adoption date. Councilor Simmons removed item 5(a) from the consent calendar. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR LUNDBERG, TO ADOPT THE CONSENT CALENDAR WITH A CORRECTION TO ITEM 3(A) AND ITEM 5(A) REMOVED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims 2. Minutes a. May 7, 200 1- Work Session b. May 7,2001- Regular Meeting c. May 21, 2001 - Work Session d. May 21, 2001 - Regular Meeting e. May 29, 2001 - Work Session f. June 11, 2001 - Work Session . 3. Resolutions Regular Meeting Minutes July 2, 2001 Page 2 . a. RESOLUTION NO. 01-48 - A RESOLUTION OF THE CITY OF SPRINGFIELD COMMON COUNCIL AMENDING THE SYSTEMS DEVELOPMENT CHARGE TRANSPORTATION PROJECT LIST AND AMENDING THE TRANSPORTATION SYSTEM DEVELOPMENT CHARGE RATE STRUCTURE. 4. Ordinances ITEMS REMOVED FROM THE CONSENT CALENDAR 5. Other Routine Matters 1. Authorize the City Manager to Execute the Proposed Independent Contractor Agreement with David Logan, for Prosecutor Services for the Period from July I, 2001 to June 30, 2002. Councilor Simmons discussed the workload and limited resources of the Prosecutor's Office. He suggested staff review the exclusionary district/ordinance regarding workload. He suggested staff report back to the Judiciary Committee regarding capacity, including the possibility of increased resources as appropriate. IT WAS MOVED BY COUNCILOR SIMMONS, WITH A SECOND BY COUNCILOR BALLEW, TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE PROPOSED INDEPENDENT CONTRACTOR AGREEMENT WITH DAVID LOGAN, FOR PROSECUTOR SERVICES, FOR THE PERIOD FROM JULY 1, 2001 TO JUNE 30, 2002. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. PUBLIC HEARINGS . 1. An Ordinance Amending Article 28 Hospital Support Overlay District as established in the Springfield Development Code - Journal Number 2001-05-0112. ORDINANCE NO.1 - AN ORDINANCE AMENDING SPRINGFIELD DEVELOPMENT CODE ARTICLE 28 HOSPITAL SUPPORT OVERLAY DISTRICT SECTION 28.030,28.040,28.050, AND 28.060. Planning Supervisor Mel Oberst presented the staff report on this item. Discussion was held regarding development code amendments earlier this evening, during the council work session meeting. The Hospital Support Overlay District (HSOD) does not meet the needs of the McKenzie-Willamette Hospital for redevelopment or new development of the hospital or medical related services. Some uses need to be added to the use list and some standards need to be amended to allow full development of this area. Planning Supervisor Mel Oberst presented the staff report on this item. The proposed code amendments intend to facilitate the development of the hospital and hospital related services while protecting the adjacent residential uses. The building height restriction of 30 feet is removed and is replaced by the standard in commercial districts, which requires that buildings adjacent to residential districts can be no higher than the residential district standard for a distance of 50 feet. All other provisions of the development standards pertaining to residential setbacks, lot coverage, parking and fencing remain intact. The requirement for 25% landscaping remains intact. The requirement for discretionary use review is cumbersome, adding more review steps for hospital development, and really serves no purpose. These are buffering standards in the HSOD, and there are additional buffering and screening standards in site plan review standards of Article 31 intended to protect residential neighbors. All adjacent property owners are notified during site plan review. Site plan review of all development within the HSOD provides sufficient notice and protection for the adjacent residential uses. The use list is proposed to be expanded to include the uses prescribed in the Mohawk . Regular Meeting Minutes July 2,2001 Page 3 . Specific Development Plan adopted by the City Council in 1999. There are no financial impacts of this action to the city. Mr. Oberst said the following recommendations were suggested during the council work session meeting held earlier this evening. The noted revisions will be reflected in the ordinance that will be brought back to council for review and adoption. Amendments include the following: Section 28.050 Permitted Uses: Attachment B-2, (8) Other medical and health services, includin~ food services, cafeteria and laundry services. Attachment B-2, (3) Hospital services, includin~ medical heliport. Councilor Fitch opened the public hearing. 1. Phil Farrington, 132 East Broadway, representing McKenzie Willamette Hospital. He expressed support for the proposal. Councilor Fitch closed the public hearing. Ordinance No.1 received a first reading by title only. No action was taken. . BUSINESS FROM THE AUDIENCE 1. Jerry W. Cobb, 5159 F Street, Springfield, expressed concern regarding enforcement of Municipal Code section 50.002 (11), Illegal Parking. He said the language was very vague and did not feel it was being enforced or implemented fairly. He said code enforcement officials told him that enforcement is on a complaint basis. He said several individuals in his neighborhood have received letters and asked to comply within seven days or they will be fined. He said there are others, in the same neighborhood, that have not received a warning citation. He .said some of those individual properties are in violation. He said he did not approve of the code language that states you cannot park in front of your primary building. He said he is parked to the east side of his driveway, in the clearance at the east end of his building. He said he has been told that the front of his building runs from the west boundary line to the east boundary line. He did not agree. He said he thought a primary building was the place where he dwells. He said he is not blocking the front of his dwelling. He also said his pickup is used on a daily basis and parked to the side of his building. City Manager Mike Kelly provided information regarding the code enforcement program as well as resource issues related to code enforcement. Council discussed vehicle parking situations similar to that expressed by Mr. Cobb. Many environmental impacts may occur, resulting from various situations that require residents to pave parking areas. Examples were referenced (regarding parking lots). . It was noted that there is a reason that conflict may develop within a neighborhood. This may result in an increase to code enforcement complaints within a certain neighborhood. Councilor Simmons said approximately 18 people were cited in his neighborhood at one time. He suggested staff review this issue and council consider policy options. Council agreed it was time to review this issue. Regular Meeting Minutes July 2, 2001 Page 4 . Councilor Ballew said there is a need for Municipal Code regulations. Mr. Kelly provided information regarding the process to respond to warning or violations. He said it does take time to go through the court system. He discussed the general process for code enforcement violations. Development Services Director Cynthia Pappas confirmed that the general process described by Mr. Kelly was correct. Council requested that the parking issue be reviewed and brought back to council for further discussion. It was requested that the policy be clearly stated when the subject is brought back to council for review. 2. William R. McMullen, 711 North 51 st Street, Springfield, neighbor of Mr. Cobb, expressed similar concerns as voiced by Mr. Cobb. Mr. McMullen said he also received a warning citation. He said he has three cars he drives daily, they have a gravel parking that is wider than the entrance and has three vehicles in that area. Ms. Pappas spoke with Mr. Cobb and Mr. McMullen following their testimony. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence from Nick Shevchynski, 2347 Marcola Road, Springfield, Regarding Paperwork submitted to Springfield City Council and the Mayor on June 18,2001. .2. Correspondence from Bruce Campbell, 597 Woodcrest Dr., Springfield, in Support of Designating Downtown Springfield as a Prostitution and Loitering Free Area.. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR LUNDBERG, TO ACCEPT AND FILE CORRESPONDENCE NUMBERS 1 AND 2. THE MOTION PASSED WITH A VOTE OF 5 FORAND 1 AGAINST (SIMMONS). BIDS ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments 2. Business from Council a. Committee Reports 1. Charter Review Committee. Councilor Ballew reported on the status of the Charter Review Committee. She said the committee is making progress. She said Joe Leahy prepared an update memo for distribution to the Mayor and Council. This will be included in the Thursday packet delivery. . 2. Watershed Council. Regular Meeting Minutes July 2, 2001 Page 5 . Councilor Simmons reported on the Watershed Council. He said the Watershed Council Coordinator has been working with BP A and other funding issues. He reported that we might see some funding for the Oxbow area. 3. LCOG. Councilor Lundberg reported that LCOG approved the Trans Plan. She said all went well. 4. LRAPA. Councilor Ralston reported that LRAP A held an executive session meeting last week regarding Monico. He said the decision was made not to site them for nuisance orders. It will go through the normal system. 5. Senator Ron Wyden Visit. Councilor Fitch joined Senator Wyden today, and met the public at the AMIPM Store on Gateway and Beltline. She said opportunity was provided to discuss the 1-5 Interchange and LTD issues. b. Other Business BUSINESS FROM THE CITY MANAGER 2, Rebate of Over Collected Qwest Franchise Fees. . Technical Services Manager Len Goodwin presented the staff report on this item. After extensive negotiations with Qwest, led by League of Oregon Cities staff, an agreement has been reached with Qwest regarding franchise fees paid by Qwest and attributable to the $264 million that Qwest was required to refund to Oregon Consumers, as a result of rate reductions ordered by the Public Utilities Commission. Qwest had originally demanded that the city rebate approximately $300,000 in franchise fees they asserted were in excess of amounts that should have been paid, the current settlement proposal requires the city to refund $138,287.62. The city has reflected this amount in its Long Term Financial Plan, and will, at the appropriate time, transfer money from reserves to fund the payment. Qwest has proposed that the city execute a letter agreeing to this settlement. A draft was provided to council. Staff have conferred with Qwest and been advised that they would be agreeable to eliminating the specific payment date and making other changes to put the agreement in proper form. With those changes, staff believes that the amount of the rebate is reasonable and recommends that the council authorize the City Manager to execute a settlement letter in substantially the form of this draft, on behalf ofthe city. Mr. Goodwin answered questions from council. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR LUNDBERG, TO AUTHORIZE THE CITY MANAGER TO EXECUTE A SETTLEMENT LETTER WITH QWEST ON BEHALF OF THE CITY OF SPRINGFIELD. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Funding Support for Lane County Child Advocacy Center Relocation and Expansion. . 'Regular Meeting Minutes July 2, 2001 Page 6 . Housing Program Specialist Kevin Ko presented the staff report on this issue, The Lane County Child Advocacy Center has requested that the city of Springfield contribute $75,000 to the relocation and expansion of a new regional facility. Council has asked staff to provide options under which this request can be considered and accommodated. Mr. Ko said staff recommends option number two, listed in the report. He also clarified that two separate motions were required. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR LUNDBERG, TO , AUTHORIZE STAFF TO PROVIDE $75,000 OF SUPPORT TO THE CHILD ADVOCACY CENTER, WITH SOURCE(S) FOR FUNDING TO BE DETERMINED AT A LATER DATE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR LUNDBERG, TO DIRECT STAFF TO INITIATE A CITIZEN PARTICIPATION PROCESS TO ALLOW AN ALLOCATION OF $37,500 FROM FY 2002-03 CDBG FUNDS, AND $37,500 FROM FY 2003-04 CDBG FUNDS FOR THE CHILD ADVOCACY CENTER. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 3. Other Business BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT . The meeting was adjourned at approximately 8:00 p.m. Minutes Recorder - Julie Wilson " ~~ Kim Krebs City Recorder, .