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HomeMy WebLinkAbout07/23/2001 Work Session -. . . " MINUTES OF THE WORK SESSION OF THE SPRINGFIELD CITY COUNCIL HELD ON MONDAY, JULY 23, 200 I The Springfield City Council met in Work Session at Springfield City Hall, Jesse Maine Room, 225 Fifth Street, Springfield, on Monday, July 23,2001, at 5:30 p.m. with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, Councilors Ballew, Fitch, Hatfield (via teleconference), Lundberg, Ralston, and Simmons. Also Present were Public Works Director (AlC City Manager) Dan Brown, City Attorney Joe Leahy, City Recorder Kim Krebs, Development Services Director Cynthia Pappas, Police Chief Jerry Smith, and members of staff. Guests: Clair Van Bloem, Lane Council of Governments (LCOG), Kari Kytolla and Amy Scott, Board Members, Land of Awe. 1, Council Ward Redistricting. City Attorney Joe Leahy, and City Recorder Kim Krebs were present for the staff report on this item. Mr. Leahy began the discussion and said after every census it is important to review the districts to make sure we are observing the doctrine that has been articulated by the U.S. Supreme Court ofthe one woman one vote issue. In addition, a number of other criteria are important to review, and said that Clair Van Bloem from LCOG has listed in her memorandum as Attachment B, and is prese1?-t tonight to review her findings. Mr. Leahy said he has reviewe9 Ms. Van Bloem's memorandum from a legal prospective, and said he believes her information is accurate in terms of the boundary adjustment factors. Ms. Krebs informed council that Phase I of this process was completed by LCOG as a result of an Intergovernmental Agreement (IGA) which was executed by the City Manager. She said the purpose of this work session is to provide the council withthe findings from Ms. Van Bloem, and to seek direction from council to determine whether to consider redrawn ward boundary scenarios, and whether to employ LCOG to provide that information. Ms. Van Bloem said every ten years the Census data is received by LCOG, and that provides them an opportunity to look at the population distribution by the existing wards. She said LCOG staff received the redistricting data, and adjusted it to a more accurate Lane County base, and then overlaid the Springfield ward boundaries on top of it. That provided the population figure of Springfield as of April of 2000 was 52,864. She said in order to be perfect, each ward would have to consist of 8,811 people. She said the last time redistricting was done in Springfield, the formula that was used was a five- percent plus or minus variation around the equal population figure. She said it is impossible to make each ward absolutely equal. She said Ward I grew the most through the last ten years, and ward 3 grew the least. She said in order to equalize the population, ward 1 would need to shrink, and ward 2 and 3 need to get larger. She continued and said that wards 4,5,and 6 fall within the plus or minus five- percent variation. MS..Van Bloem said the factors that were highlighted in the memorandum are factors that have been looked at in the past to accomplish the redistricting. She said they try to make the wards as Springfield City Council Work Session - July 23, 2001 Page - 2 . contiguous as possible, they also try to use geographic features that are meaningful for people. . She said other political districts try and make sure there are transportation links within the district, which hits on the communitive interest. She said they are cautious about not creating a ward . boundary change that would move a City Councilor outside their existing ward. They look at areas where there is a concentration of an ethnic or language minority group. She said there is no block group area in the City that has 20% or more of its population that is any particular minority group. She said it also important for Council to consider what they think might happen in the next ten years, so the wards can be sized in sucha way that there will notbe a dramatic variation in 2010 when this process is done again. Ms. Van Bloem said that before the meeting some of the Councilors were discussing what changes they might want to see done. She said ward 2 and 3 either needs to come up north and take a part of ward I, and probably head east. She said that of course depends on how small Council wants to make ward 1. Ms. Van Bloem said during the last redistricting process, the City Council asked for three scenarios and adopted a scenario combining aspects of two of those scenarios. She estimates the cost to do this work would be approximately $5,000. She said this would include coordination. with Springfield staff and Lane County Elections staff. She said to do one scenario is more expensive, than it is to do three. She said in reviewing the costs; she estimates $600.00, additional for each scenario. . Ms. Van Bloem said Attachment B-4 is a time line that higWights the different dates in which the redistricting must be completed. She said there is one change on the timeline that we were just made aware of. The legislature made a change to when a person could file for candidacy for a City Council position. That date is now April 2, 2001, and actually someone could file for candidacy now, but that would not be advisable, as we should accomplish the redistricting work first in order to determine what ward an individual lives in. Ms. Krebs said she did confirm the information, she said HB2674 was placed into law on May 17,2001. She said this bill allows candidates for state office, U.S. Senator or Representative, county office and city office, to file no sooner than the 415th day before the 2002 primary election. She said the 415th day before the election was April 2, 2001. Mr. Leahy asked if the estimate of $5,000 includes three scenarios?' Ms. Van Bloem said yes. Councilor Fitch asked if that would possibly include a preliminary, quick meeting with the Councilor's of three wards most affected, as it is important to a few of the councilors to know the population of their ward prior to agreeing to shift certain areas. . Ms. Van Bloem said it was not considered as part of the estimate, but that doesn't mean it can not be included. She highlighted the software capabilities they have purchased to accomplish the work. She said one of the features is that you can annotate the census block with the population, and it can be manipulated in different ways to see what the population might be if a certain area was moved to a new ward. She said there are a couple of options LCOG can perfomi in order to accomplish the different scenarios that Council would want to see. She said Council would be welcome to go to her office and watch as these features are used. Springfield City Council Work Session - July 23,2001 Page - 3 . Mr. Leahy said if a recommendation of the Council would be to send three of it's councilors to Ms. Van Bloem's office, it would be open to the public because that would create aquorum~ Councilor Hatfield said it appears there will some adjustments made to wards 1,2, and'3, and leave 4,5, and 6 as they stand. He asked what would happen if Councilor Ballew, Councilor Lundberg and Councilor Fitch were appointed to work with Ms. Van Bloem to meet and discuss three scenarios to bring back to the full Council for it's review? Councilor Lundberg said she would rather have direction from the whole Council in terms of determining what the top criteria would be, for example geographic considerations, and what other factors are important to keep in mind. Councilor Hatfield said that in terms of compact and contiguous wards themselves in his opinion is less important since they are all elected at large. He said he views the important issues as, keeping the Councilor's within their wards, and balancing the population within the five- percent. He said something reasonably close to what we have right now is something he would like to see. Councilor Fitch asked Councilor Hatfield whether he thought there was a need to look at projections for the next ten years? Councilor Hatfield said once Jasper Natron is developed, there will be a lot more to work with, and discussed the many other areas that are growing. He said the growth potential in the next ten years is going to be very hard to predict. . There was discussion about the different options, and areas that could be made larger or smaller depending on the projected growth. The Council discussed and agreed that the City has grown in different places and rates over the last ten years, and maybe one of the scenarios should b.e where normal growth is occurring. Ms. Van Bloem suggested that one of the scenarios be possibly where potential growth may occur, and overlay it over land that would be allowed to build on. . Development Services Director Cynthia Pappas said she thought this option would be helpful in assisting Council to see where larger growth may occur. She said it seems that it may not be just the three wards that were mentioned earlier. Councilor Fitch asked when this work is accomplished, if we use projected growth, are we trying to stay within five percent of the current population? . , Ms. Van Bloem said yes, if there is an area where there is a potential for a large amount of growth, it might be good to put it at a minus five percent to allow for the increase. And if they don't expect much growth then place it at the upper end. Councilor Hatfield asked in ten years is it the goal to have nice balanced wards, or is the goal to have balance wards, make some adjustment where the anticipated growth might be. He said he favors a prudent balancing of the populations as of the year 2000, and let 2010 happen, as it will. . Springfield City Council Work Session - July 23,2001 Page - 4 . Councilor Ballew said each ward is probablygoing to have some different demographic characteristics, like age, household size, etc. She asked whether it is important to other councilors when it comes down to drawing the ward lines and trying to make them look the same in terms of what they reflect in the community. Councilor Fitch said to conclude this discussion she would propose the following: . Councilor Ballew, Fitch and Lundberg work with Ms. Van Bloem in groups of two or less, to possibly come up with a scenario that would address the three wards; . Create a scenario of simply balancing the current population; . Create a scenario of a future potential growth; . Create a scenario somewhere in the middle of the first two scenarios, based on the outcome of the meetings with the three Councilors. After further discussion council consensus was to direct LCOG to perform Phase II of the redistricting project, following the direction as outlined by Councilor Fitch. Ms. Pappas said that planning staff would be glad to work with Ms. Van Bloem in terms of timing of build out, and coordinate the meetings through Ms. Krebs. . 2. Discussion of Section 5.002(11) of the Springfield Municipal Code - Prohibited Parking. Code Enforcement Officer Jackie Murdoch, and City Attorney Joe Leahy were present for the staff report. Ms. Murdoch said this item is being brought for discussion at the direction ofthe City Council. She said parking vehicles between the street and the primary building, with the exception of an approved driveway, has been deemed a nuisance under Springfield Municipal Code Section 5.002(11). She said in 1994, the City Council included additional language in the Nuisance Ordinance that states "With the exception of an approved driveway or parking lot, no vehicles including but not limited to motor homes, buses, recreational vehicles, boats and utility trailers, shall be parked between the street and the primary building". She said the Council made several other changes in 1994 to this section, all in response to their adopted goal of increasing pride in Springfield, and achieving healthy neighborhoods. Ms. Murdoch said since adoption ofthis ordinance, Code Enforcement staff has responded many times to complaints regarding prohibited parking, however only a few citations have been issued. She said most residents find it easy to comply with the ordinance and do so within the proper time line given. She said she would estimate the number of complaints received regarding prohibited parking is 20 per month. She said this indicates that Springfield citizens recognize this as a useful tool in maintaining the integrity of their neighborhoods. Ms. Murdoch said again these are done on a complaint basis only, however there are some complaints that Code Enforcement does look for, such as garbage, and health and safety concerns. She said the Council has directed staff to look at sign code violations. . Springfield City Council Work Session - July 23,2001 Page - 5 . Ms. Murdoch passed around some photographs of various violations for Council review. She said she makes every effort to work with the property owner, to either bump out their driveway a little bit or to allow them to add pavers in order to bring them into compliance. Councilor Ralston asked why some of these are considered violations? Ms. Murdoch pointed out the violations on the various pictures, based on what the ordinance language states. Mr. Leahy said a prior Council approved an ordinance that stated the type of appearance they wanted to see in the' City of Springfield. He said the reasons for the Ordinance are set forth on Attachment I,.page 2 of his memorandum. He said there are four sound reasons that the Council considered at that time. He said if this Council feels there needs to be a change or modification, they may direct staff to review and make some recommendations, based on Council's direCtion. Councilor Simmons said if Council was going to compel citizens to comply with these rules, there needs to be some sort of flexibility of how these are handled. He said there is a question of ESA and the clean water act. If we compel them to create an impervious surface, do we then have a responsibility then to insure that the run off is treated under the Clean Water Act? He said he believes there is some flexibility within the ordinance that needs to be reviewed, he said he isn't sure whether flexibility should be given, but saidit needs to be reviewed. There was discussion whether this becomes a policy question, and needs to be reviewed. . Mayor Leiken said in reviewing the attachment that Mr. Leahy has referenced, item #4 that states "To present a better image of Springfield than one of cars parked in years in neighborhoods", was probably the most important. He said that was the commitment the Council had at the time. He said that if the Council wishes to review and update, then that would be a decision that this Council could determine and explore, but said the Council needs to be cautious. Councilor Lundberg said she agrees with the intent of the ordinance, but would like to see some variations. Councilor Fitch said she is in support of leaving the language as it is currently. She said again, this is done on a complaint basis only. She said this is not Ms. Murdoch's number one priority, her priority is health safety and welfare. Councilor Ballew said the intent is still valid, she said it is not fair to surrounding property owners. She said relative to the ESA issue, she wondered if there is a need to 100k at the defmition of expanded paving. Councilor Ralston, agrees with the intent, there could be some changes in definitions. He said parking between houses is not in the front yard, and feels that is an acceptable location for parking. . Councilor Hatfield said he feels there is a need to define what an approved driveway is in order to make it a little more reasonable. He said possibly expand the language to include the side yard adjacent to the driveway, and then add paving language that would include gravel. He said that would address the intent, and at the same tinie maintains the image of Springfield. Springfield City Council Work Session - July 23, 2001 Page - 6 . After further discussion, council consensus to obtain some feedback from staff for some workable language, possibly using a few of the photograph's that Ms. Murdoch circulated. Council agreed not to be overly liberal, but to have some language that would allow some flexibility that can be worked with. Council directed staff to work on the language, and return to council sometime during the month of September, after the Council recess. 3. Land of Awe Children's Museum. Development Service Director Cynthia Pappas was present for the staff report. Ms. Pappas introduced Kari Kytolla and Amy Scott, Board Members, from the Land of Awe. Ms. Pappas said the Land of Awe is designed to provide a unique informal educational environment where children and their families can discover the joy of learning through play. She said the need for a children's museum in the Eugene-Springfield area is supported by community surveys, the popularity of similar facilities in other communities, and the shortage of educational and fun family activities in this area. She described the different feature exhibits and programs that would be included. She said admission to the Land of Awe is $4 per child. Ms. Pappas said Ms. Kytolla met with Mayor Leiken approximately two months ago, and at that the Mayor asked for a completed business plan. She sa.id they have completed that and is listed as Attachment A. Ms; Pappas highlighted the attachments in the Agenda Item Summary. . Representatives from the Land of Awe provided information and said they are seeking approximately 6,000 square feet of rent-free space in downtown Springfield for a Children's museum. They do not have the financial capacity to pay for lease costs. There was discussion whether or not this would be Community Development Block Grant (CDBG) funding eligibility. There was discussion and suggestion that the Land of Awe conta.ct Willamalane, and the Springfield School District in possibly pursuing some type of partnership, as well as exploring the CDBG application process. There was council discussion regarding the free-rent and said they may consider free-rent initially, however they would expect repayment in the future for those months of free-rent. Council said they would like to be cautious they would not be setting precedence for another non- profit organization. After further discussion Council directed staff and representatives from Land of Awe to meet with Willamalane, the School District, and also explore whether or not Booth Kelly space would be usable for this purpose since there is already vacant space. They asked staff to return to council in September with an update. 4. Update of Endangered Species Act (ESA) Rules for Salmon and Strategies for Compliance. City Attorney Joe Leahy, Environmental Services Manager Susie Smith, Maintenance Manager Ed Black, and Planning Supervisor Mel Oberst were present for the staff report. . Springfield City Council Work Session - July 23,2001 Page - 7 . Ms. Smith introduced the four staff members present who are part of the ESA Response Team. She also mentioned that other members of staff who have been working on some of the efforts and implementation issues were present in the audience. She said the purpose of this work session was to allow staff the opportunity to provide some highlights and background on the ESA issue. She said staff will also brief Council on the steps that staff is focusing on currently as well as planned ESA response activities. This includes compliance strategies outlined in the Attachments; and on the legal liability aspects of the 4(d) Rule. She said these discussions are necessary in order to move forward in complying with the Clean Water Act, and Safe Drinking Water Act. Ms. Smith provided some historical background as outlined in the Agenda Item Summary, and reviewed the Attachments. She reminded council that the ESA 4 (d) Rule took affect in January 200 I. She said what that means to Springfield is activities that occur in our jurisdiction that affects salmon in their habitat become Springfield's responsibility to a large degree, and can be held accountable for them. She said staff has been working for approximately one year to learn and understand what the impacts of these rules are for Springfield, and what response is needed. She said as the Team has moved forward, there are a couple of things they must keep in mind, one of those is that this is a monumental task that needs to be approached efficiently and effectively. She said staff has made every effort to learn from others, and to partner with others in order to develop effective approaches. She said staff has also learned as a community of modest means and resources, to take small steps in order to help them identify, and say, that Springfield is making it's efforts to help with fish protection and restoration, and to protect ourselves from any potential risks or liabilities. . Ms. Smith said the National Marine Fishery Service in the 4-( d) rules provided city agencies with some guidance and staff has found that to be logical. She highlighted the four-st~pprocess, and said inthe short-term after staff performed an evaluation, there are obvious changes that need to be made. She said they have already started making some of those changes, which she highlighted. She said staff is moving forward where they are able to especially where there is not a huge cost impact. Ms. Smith circulated a handout and highlighted the following activities that need to be addressed: . Land Use Activities · Maintenance or Construction Activities . Discharging pollutants . Filling or Isolating waterways · Altering stream flow characteristics · Removing poisoning or contaminating habitat elements · Shoreline or riparian area disturbance · Releasing non-indigenous invasive species . Ms. Smith said staff has developed some short and long-term strategies that have resulted in a working draft work-plan that is included in the Agenda Item Summary (AIS), Attachment B. Ms. Smith highlighted the short and long term strategies. She said staff has found some shortfalls in the Municipal Code, the Development Code, and the engineering design specifications, enforcement capabilities to enable the city to implement things such as adequate stormwater management facilities in newly developing areas. She said staff would be preparing to bring to Springfield City Council Work Session -July 23,2001 Page - 8 . council some short-term interim code enforcement's that will address where staff feels are the highest risks and most vulnerability is. She said in the long-term staff expects to continue marching forward in the regional cooperation, such as looking for grant opportunities and partners. As well as working on the Clean Water Act, and Safe Drinking Water Act compliance strategies. . Ms.. Smith said staff is preparing a notebook for the City Council and Planning Commission, that will have more background on all the different regulations that staff is working on strategies to comply with how they will affect Springfield. She said she expects to get that out during recess by the end of August. City Attorney Joe Leahy began by commending the staff of the Public Works and Planning Department. He said their knowledge and efforts on this issue are to be commended. He said he has asked that staff include him in these discussions so that he remains aware and up to date. He said this is an area where there are approximately four issues intersecting, I) compliance with the . Clean Water Act, 2) Endangered Species Acts (ESA), 3) Dolan, and 4) Ballot Measure 7. He said as staff struggles to articulate the Clean Water Act and the ESA through both the Codes, and the administrative processes, we are impacted by Dolan, and potentially Ballot Measure 7. Mr. Leahy reviewed his memorandum included in the AIS packet. He said as Ms. Smith said staff does want to implement both the Clean Water and ESA, because it is the right thing to do and also because there are some legal ramifications behind the act that effects everyone. He said those are outlined in his memorandum. . There were discussions relative to Dolan. Councilor Simmons said the ESA steps beyond the proportional impact; we must protect the endangered species. He said if we follow the correct path, our liability will then be more limited, he continued by saying the danger would be to do nothing, and it behooves us to respect the work the staff has done. Councilor Fitch said she would like information and education materials available in order to better educate the citizens, as we get closer to adoption of an ordinance. She said by educating the public they would better understand the rationale behind all of the issues. They may not love it, but they will embrace it as a necessity. Councilor Simmons said he appreciates staffs efforts for both the legal obligations, and the requirements. He said if we set a good example that will hopefully provide guidance to the county to protect the riparian zones out~ide ofthe city. He said it would be important to be clear in communicating with the county. After further discussion, council directed staff proceed with their work as outlined. Council also encouraged staff to continue it's work regionally and look for grant opportunities, and partnership in restoration activities. They want to make sure that when the ordinance is prepared, that it is written in a manner that is understandable. 5. Additional Items. . . . . Springfield City Council Work Session - July 23, 200 I Page - 9 Councilor Lundberg asked that an additional item be discussed related to a dog being killed over the weekend by a Police Officer. . She requested that the council consider reviewing the policy in terms of killing animals. She said it may be a training or policy enforcement issue, and said there must be other methods that could be employed first, prior to killing. The Council discussed briefly the issue of referring the issue to the Police Planning Task Force (PPTF) for their review; however, it is important to follow the established procedures already in place. Councilor Simmons said there is an internal inves,tigation pending on this incident, and it is important that established procedure be followed fIrst. He said the PPTF could review the policy, and said he will address this issue at the next meeting of the PPTF. Mayor Leiken circulated invitations to the Mayor's Ice Cream Social, and encouraged council members to sign up. Councilor Fitch announced that Sunday, August 19th, she will be hosting a barbecue potluck at her home as a welcome back to Councilor HatfIeld event. She said councilors would be seeing an invitation within the next few days. ADJOURNMENT The meeting was adjourned at 7:20 p.m. Minutes Recorder - Kim Krebs