HomeMy WebLinkAbout07/20/2015 Regular'City of Springfield
Regular Meeting
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY JULY 20, 2015
The City of Springfield Council met in regular session in the Council Chambers, 225 Fifth Street,
Springfield, Oregon, on Monday, July 20, 2015 at 7:02 p.m., with Mayor Lundberg presiding.
ATTENDANCE
Present were Mayor Lundberg and Councilors VanGordon, Wylie, Moore, Ralston, Woodrow and
Pishioneri. Also present were City Manager Gino Grimaldi, Assistant City Manager Jeff Towery, City
Attorney Lauren King, City Recorder Amy Sowa and members of the staff.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Lundberg.
SPRINGFIELD UPBEAT
1. Mayor's Recognition
2. Other
a. Employee Recognition: David Bowlsby, 15 Years of Service.
City Manager Gino Grimaldi introduced David Bowlsby, Building Official for the City of
Springfield. Mr. Bowlsby introduced three of his sons who were in the audience.
Mr. Grimaldi noted some of the positions Mr. Bowlsby has held with the City and his
many accomplishments over the past fifteen years. Mr. Grimaldi presented Mr. Bowlsby
with a plaque to recognize his years of service.
b. Employee Recognition: Anette Miller, 25 Years of Service.
City Manager Gino Grimaldi introduced Annette Miller, Corrections Officer for the Police
Department for the City of Springfield. Ms. Miller introduced her husband, daughter and
friend who were in the audience. He noted some of the positions Ms. Miller has held with
the City and her many accomplishments and honors over the past twenty-five years. Mr.
Grimaldi presented her with a plaque to recognize her years of service.
c. Employee Recognition: John Tamulonis, 30 Years of Service.
City Manager Gino Grimaldi introduced John Tamulonis, Community Development
Manager. He noted the many large projects Mr. Tamulonis has been involved with over
the last 30 years, including Sony, Royal Caribbean, Symantec, PeaceHealth and many
others. Mr. Tamulonis is the gear that keeps City Hall going and works with private
developers to help them get things moving along through the appropriate processes. Mr.
Grimaldi presented Mr. Tamulonis with a plaque to recognize his years of service.
Mayor Lundberg thanked all of the staff who was recognized this evening.
City of Springfield
Council Regular Meeting Minutes
July 20, 2015
Page 2
City Attorney Mary Bridget Smith said the resolution for eminent domain for Franklin Boulevard that
was discussed at a recent work session was listed on the Consent Calendar, but if Council had any
further questions, they could pull it and move it to another place on the agenda for discussion.
CONSENT CALENDAR
1. Claims
a. Approval of the June 2015, Disbursements for Approval
2. Minutes
a. June 8, 2015 — Work Session
b. June 15, 2015 — Work Session
c. June 15, 2015 — Regular Meeting
3. Resolutions
A. RESOLUTION NO. 2015-22 —A RESOLUTION AUTHORIZING THE INSTITUTION OF
A PROCEEDING IN EMINENT DOMAIN FOR THE ACQUISITION OF PROPERTY
INTEREST FOR THE FRANKLIN BOULEVARD PROJECT, CITY OF SPRINGFIELD
PROJECT NO. P21066 AND THE IMMEDIATE POSSESSION OF PROPERTY
b. RESOLUTION NO. 2015-23 — A RESOLUTION EXTENDING CITY OF SPRINGFIELD
WORKERS' COMPENSATION COVERAGE TO VOLUNTEERS OF THE CITY OF
RPR INGFIFI D
RESOLUTION NO. 2015-24 — A RESOLUTION AUTHORIZING THE CITY MANAGER
TO AWARD COMPETITIVE BIDS, REQUESTS FOR PROPOSALS, OTHER PERSONAL
SERVICES CONTRACTS EXEMPT FROM BIDDING REQUIREMENTS UNDER THE
PURCHASING REGULATIONS AND APPROVE AMENDMENTS TO PUBLIC
CONTRACTS IN CONFORMANCE WITH CITY OF SPRINGFIELD MUNICIPAL CODE
AND ADMINISTRATIVE REGULATIONS DURING THE PERIOD COMMENCING
JULY 28, 2015 AND CONTINUING THROUGH SEPTEMBER 7, 2015 WHILE THE
COMMON COUNCIL IS IN RECESS.
4. Ordinances
a. ORDINANCE NO. 6340 — AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SPRINGFIELD AMENDING SECTIONS 2.703, 2.708, 2.709, and 2.710 "PUBLIC
CONTRACTS" OF THE SPRINGFIELD MUNICIPAL CODE.
5. Other Routine Matters
a. Authorize the City Manager to Negotiate and Execute Acquisition Agreements for Property
Interest for the Franklin Boulevard Project, City of Springfield Project P21066.
b. Authorize and Direct the City Manager to Execute the Intergovernmental Agreement (IGA)
Sidewalk Improvements Along a Portion of Yolanda Avenue to the City of Springfield with
Springfield Public School District on Behalf of the City.
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Council Regular Meeting Minutes
July 20, 2015
Page 3
c. Approve Renewal of Liability, Property and Workers' Compensation Coverage Contracts and
Authorize the City Manager to Execute Agreements.
d. Approve the Subject Contract Amendment to the Mill Race Stormwater Facility Design
Services Contact with Amec, Inc. in the Amount of $66,700, Increasing the Total Approved
Contract to $446,971.00 and Authorize the City Manager to Execute Amendment.
e. Allow Activities Outside of the Hours of lam and 6pm for the Earthwork Related to the Mill
Race Stormwater Facility, Booth Kelly Trailhead and Mill Race Path Project (P21052).
f. Award the Subject Contract to VSS International, Inc. for Project P21113, FY2016 Slurry
Seal, in the Amount of $134,231.00 and Authorize the City Manager to Sign the Contract.
g. Authorize City Manager to Negotiate and Execute a Contract with PacificSource Health Plans,
in the Amount of $870,000 to Provide 2015 Third Parry Administrative Services for City Self-
funded Health Insurance.
h. Authorize City Manager to Negotiate and Sign an Intergovernmental Agreement (IGA) with
City of Eugene for Fire Logistics Services.
IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR
WYLIE TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A
VOTE OF 6 FOR AND 0 AGAINST.
ITEMS REMOVED
PUBLIC HEARINGS - Please limit comments to 3 minutes. Request to speak cards are available at
both entrances. Please present cards to City Recorder. Speakers may not
yield their time to others.
Mayor Lundberg said it came to their attention that the cell tower item listed under Business from the
City Manager needs to be moved to a public hearing. It was moved to the beginning of the public
hearings.
Lauren King from the City Attorney's Office said this was to be part of the public hearing. She
explained the process and noted that the applicant had the final word for any rebuttal to information
submitted to the record. It was not intended for participation from the public.
1. Moderate Visibility Cellular Tower Application — SmartLink PCS on Behalf of Verizon Wireless
LLC, Cases TYP315-00003 and TYP215-00012.
Mayor Lundberg said the City Council conducted a public hearing on July 6. The Council closed the
hearing and left the record open for an additional seven (7) days until July 13, 2015 for submittal for
additional testimony. The Applicant was then permitted the opportunity for rebuttal over the following
seven days. For the purposes of disclosing ex parte contact, asking staff additional questions, and
allowing the Applicant final rebuttal, I ask if there is a motion to reopen the hearing and the record.
IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR
WYLIE TO REOPEN THE RECORD AND HEARING. THE MOTION PASSED WITH A
VOTE OF 6 FOR AND 0 AGAINST.
Mayor Lundberg asked each of the councilors if they had any ex parte contact since the last public
hearing.
None of the councilors had any ex parte contact since the last public hearing.
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Council Regular Meeting Minutes
July 20, 2015
Page 4
Mayor Lundberg said she had received a call from Nancy Golden unaware that she was calling about
this cell tower application. Ms. Golden expressed her concerns and care for the kids at the Relief
Nursery, and hoped something would be worked out.
Mayor Lundberg asked the public whether anyone wishes to rebut the ex parte contact or challenge the
Council's potential for bias.
There was no rebuttal on those items.
Andy Limbird, Senior Planner, said staff received five submittals from seven people during the
extended open record. There was a submittal from Nancy Golden, Cynthia Campbell, Hugh Hiller, a
letter co-authored by Kelly Sutherland, Jenny Ulum, Patty McConnell, and a packet of information
from Jennifer Sullivan all on behalf of the Relief Nursery. The relevant concerns expressed in the
testimony regarded the specific placement of the cell tower. The suggestion reiterated in the testimony
was to relocate the tower 90 feet or more away from the common boundary between the Relief
Nursery and the parcel proposed for the facility. Persons providing testimony had identified the
setback equivalent for the residential district. Staff reminds the City Council that this is not a
residential district or residential use; however, the persons providing testimony are requesting a
comparable consideration for the setback.
Mr. Limbird said the recommendation from staff that is included in the agenda packet is for approval
of the application as it was submitted with the tower placed just under 54 feet from the north property
line (common boundary between the facility parcel and the Relief Nursery parcel) and for a three -
branch per foot design. Should the City Council determine there is an impact to the Relief Nursery
property, and should that impact be mitigated through relocation of the tower, an alternate
recommendation to relocate the facility (tower) 90 feet from the boundary is available for Council
consideration. Other minor typographical errors which were pointed out at the July 6 public hearing
were corrected, as were the dates of approval.
Mayor Lundberg asked Council if they had any questions at this time.
Mayor Lundberg invited the applicant forward for a final rebuttal.
Lauren Russell, SmartLink LLC, representing Verizon Wireless, Portland, OR. Ms. Russell
read from a letter from Verizon's legal representative David, Wright, Tremaine, LLP that was
distributed to the Mayor and Council. (letter attached to these minutes). The applicant was
willing to place the facility on the proposed site with a three -branch per foot monopine, but
does not support relocation of the facility no closer than 90 -feet from the common boundary
with the Relief Nursery to the north. The letter went on to explain why they did not support
the alternate condition.
Councilor Moore referred to the fourth paragraph on page one of the letter where it referenced
Springfield Development Code and the 90 foot setback
Mr. Limbird said in a residentially zoned district, there would be occupied dwellings in which there
could be inhabitants 24 hours a day. On the Relief Nursery property, children may be present at
different times during the day. That was identified as the public safety aspect.
Councilor Moore asked if the possible alternate condition was based on that statement.
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Council Regular Meeting Minutes
July 20, 2015
Page 5
Mr. Limbird said it is based on mitigating an impact to the adjacent property based on the testimony
that was provided by a number of people in support of the Relief Nursery, not to suggest there is a
residential facility on that site. It would be a way to address the concerns expressed by the Relief
Nursery which were related to safety. The structure would be subject to building permitting, seismic
studies, engineering analyses, so would have no greater chance of falling than any other structure. The
perception is that the 90 foot would allow a clear zone should the structure fall.
IT WAS MOVED BY COUNCILOR WOODROW WITH SECOND BY COUNCILOR
MOORE TO CLOSE THE PUBLIC RECORD AND PUBLIC HEARING. THE MOTION
PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
Councilor Ralston said the applicant was in need of a new site for a facility and they chose a location
that would be most optimal for future development. As long as the site follows rules, they are required
to approve. When attending a Springfield Economic Development Agency (SEDA) meeting, they
serve as the SEDA Board. When sitting as a quasi-judicial body, they are serving as judges hearing
the facts of the case and determining whether or not the rules are being followed. This application
meets all requirements and there is no evidence that cell towers have any adverse effects on people. If
there was an environmental situation where the cell tower could come down, children would not be on
the playground. He feels they are being asked to change their opinion on the application based on
what people feel. He is ready to approve the application as presented and would not support further
modifications.
Councilor VanGordon asked staff what the criteria and operating characteristics encompassed and how
it should be applied.
Mr. Limbird said the Code and provisions of the Federal Communications Commission (FCC)
preclude local jurisdictions from questioning placement of cell towers based on perceptions of risk
from electromagnetic radiation, which means that cannot be a determining factor in siting cell towers.
The only setback requirements the City imposes are physical setbacks to create a clear zone should the
tower fall. It is not a setback for reduction of radiation.
Councilor VanGordon referred to the criteria under B 1, Operating Characteristics and determining the
safety aspect. He understood there was a difference in setbacks for residential and commercial, so
questioned the additional condition.
Mr. Limbird said staff wanted Council to have an opportunity to respond to the testimony and
determine if the testimony has merit and if there is a way to achieve a win-win situation by relocating
the tower away from the property line to alleviate those concerns. The applicant has not been receptive
to this option.
Ms. King said Council has some deference to interpret their Code and how to apply the Code within
reason. This is important infrastructure that does have Federal laws that regulate it.
Councilor Moore said in the letter from the applicant they are requesting the tower be built in the
proposed location, but it is possible they could put the tower in the further removed location. She
asked if that was correct.
Mr. Limbird said at the time of the public hearing, there wasn't information available from the
property owner regarding that issue. Staff speculated that relocation of the tower could be resisted by
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Council Regular Meeting Minutes
July 20, 2015
Page 6
the property owners. It appears from the submittal (by the applicant) this evening, that the property
owner has expressed concerns about the relocation affecting future development plans. They are
intending for the application to go forward as originally submitted.
Councilor Ralston said in looking at the map of site he can see why the property owner chose this
location in order to allow development. The property owner expects it to go through as presented.
Councilor Pishioneri said he had no questions. It looks like the property owner is going to stay at the
proposed location. Staff made the recommendation to move the cell tower to the west, but the property
owner doesn't want to go with that recommendation.
Councilor Woodrow asked what they could base a condition on the application in the original position.
Ms. King said that would be the alternate position presented by staff. The applicant would potentially
appeal that condition according to their letter. Staff interpreted the Code that based on the public
testimony and the criteria the Council can apply from the Code, a condition to move the pole about 36
feet for a total of 90 feet from the Relief Nursery boundary.
Ms. King said the applicant is saying the Council does not have the authority to interpret the Code in
that way.
Councilor Woodrow confirmed that the Council was here to decide on the applicant's application.
Ms. King said the Council can approve, approve with conditions, or deny the applicant based on
application of the criteria in the Code.
Councilor Moore asked where the applicant would submit their appeal.
Ms. King said with the Land Use Board of Appeals (LUBA).
Councilor Moore asked if there would be a cost to the City. Yes.
Councilor Wylie said she had not heard enough evidence to deny the application. The application is
justified and their rebuttal to change makes sense. She is supportive of the application.
Councilor VanGordon said he was hoping the applicant would try to work on something to be good
neighbors. Safety is a big concern for The Relief Nursery, but in looking at the criteria he can't find
enough evidence to deny the applicant.
Councilor Ralston asked if The Relief Nursery was a non -conforming use.
Mr. Limbird said they were rezoned from Residential to Commercial.
Councilor Ralston said they are in certain zoning which allows certain things to occur.
Councilor Moore said hearing that the applicant would appeal and likely win, she feels unable to deny.
Councilor Woodrow said she was hoping for a reason to deny, but they followed the rules and she
could not deny.
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Council Regular Meeting Minutes
July 20, 2015
Page 7
Mayor Lundberg said she feels they would lose an appeal.
IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR
WYLIE TO APPROVE TYP315-00003 AND TYP215-00002, VERIZON WIRELESS'
APPLICATION FOR DISCRETIONARY USE AND SITE PLAN REVIEW FOR A
PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY AT 4614 JASPER ROAD,
FINDING THAT THE APPLICATION IS CONSISTENT WITH THE CRITERIA AS
SUPPORTED BY THE RECORD ANDADOPTING THE CONDITIONS OF APPROVAL
OUTLINED IN THE STAFF REPORT, SPECIFICALLY CONDITIONS OF APPROVAL IA
AND 2A. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
1. Building Safety Fee Increase
RESOLUTION NO. 2015-25 — A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SPRINGFIELD AMENDING CERTAIN SECTIONS OF SECTION 6 OF THE
MASTER FEES AND CHARGES SCHEDULE FOR FEES, CHARGES, RATES, PERMITS
AND LICENSES AS ESTABLISHED BY THE SPRINGFIELD MUNICIPAL CODE AND
SPRINGFIELD BUILDING CODE.
Matthew Ruettgers, Building and Land Development Manager, and David Bowlsby, Building Official,
presented the staff report on this item.
The City of Springfield's Building Safety Program is facing a number of challenges including
increasing demand for customer service and financial stability of the program.
As discussed with Council during the May 26, 2015 work session on building fees, the City's Building
Fund is facing a number of challenges, including minimal staff level and depletion of the Building
Safety Fund (Fund 224) reserves as a result of low levels of new construction activity during the
recent recession. Staff presented four options for Council's consideration to stabilize the Building
Safety Fund, which consisted of fee increases of 6%, 8%, 10% and 12%. Also, as noted in the work
session, the last increase in building safety fees was in May of 2014, which consisted of a 2%
Consumer Price Index (CPI) increase.
During the May 26, 2015 work session, Council reviewed the proposals and recommended a 6%
increase, which based on a separate presentation, was also agreeable to the Home Builders Association
of Lane County. This recommendation is also reflected in legislative format in the revised Section 6
(Building and Safety Fees) of the City of Springfield Master Fees and Charges Schedule.
The proposed 6% fee increase has been published with the State's Building Code Division for the
required 45 day notice prior to this public hearing with no known objections.
Mayor Lundberg opened the public hearing.
No one appeared to speak.
Mayor Lundberg closed the public hearing.
IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR
WYLIE TO APPROVE RESOLUTION NO. 2015-25. THE MOTION PASSED WITH A
VOTE OF 6 FOR AND 0 AGAINST.
City of Springfield
Council Regular Meeting Minutes
July 20, 2015
Page 8
2. Resolution to Authorize City Manager to Sell City Owned Glenwood Property.
RESOLUTION NO. 2015-26 — A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A PURCHASE AND SALE AGREEMENT WITH ALPESH PATEL AND
KOMAL PATEL FOR THE SALE OF CERTAIN REAL PROPERTY UPON THE TERMS
AND CONDITIONS SET FORTH HEREIN DURING THE PERIOD COMMENCING JULY 28
2015 AND CONTINUING THROUGH SEPTEMBER 7, 2015 WHILE THE CITY COUNCIL IS
IN RECESS.
Courtney Griesel, Management Analyst, presented the staff report on this item.
In January 2015 the City received an offer for purchase of property located at 17-03-34-33-500. On
May 181h, the City Council authorized the City Manager to negotiate a sale price. Based on these
negotiations, staff has received a final offer which meets the Council direction received in May. Staff
requests Council's authorization to finalize and execute a purchase and sale agreement while the
Council is in recess.
Tax lot 17-03-34-33-500 is currently under City ownership. On June 1, 2015, the City received an
offer from Alpesh Patel and Komal Patel, to purchase tax lot 500 for $600,000 with concurrent
conditions outlined in the proposed resolution:
• The City will provide any existing geotech, title, and environmental reports to Purchaser.
• The overhead powerline will be removed at the City's expense, not to exceed $50,000.
• The City will reasonably work with the Purchaser to secure City Development Approval of a
driveway to the property.
• Purchaser shall settle all outstanding obligations and the payment in full of any amounts
owned to City of Springfield by Alko Investments, LLC. This includes outstanding
obligations owed to the City as part of the property purchase agreement dated June 27, 2013
for land west of Candlewood Suites hotel.
Council is asked to adopt the proposed resolution authorizing the City Manager to finalize and enter
into a purchase and sale agreement with Alpesh Patel and Komal Patel while the City Council is in
Recess.
Mayor Lundberg thanked Ms. Griesel for all of her hard work.
Mayor Lundberg opened the public hearing.
No one appeared to speak.
Mayor Lundberg closed the public hearing.
IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR
WYLIE TO APPROVE RESOLUTION NO. 2015-26. THE MOTION PASSED WITH A
VOTE OF 6 FOR AND 0 AGAINST.
BUSINESS FROM THE AUDIENCE
1. Peter Fehrs, Springfield, OR Mr. Fehrs said he was here on behalf of Springfield Library
Board. He reported on the Summer Reading program and noted that there were 1900 children
City of Springfield
Council Regular Meeting Minutes
July 20, 2015
Page 9
and teens registered for this program. Over 2000 people have attended Library programs for
kids and teens since June. Teen participation was up by 40 and was currently at 223 teens
participating. Library staff has solicited contribution valued at $60,000. They also had an
increase in the Adult Summer Reading program. He reported on technology and noted the new
book app called "BookMind" that could be downloaded to SmartPhone. This app allowed
people to go through the Library collection, renew books, and place holds on books. The
Library will be installing two self check-out machines in the Library which will help patrons
avoid lines, allows them to use credit cards to pay fines or for lost items, and frees up staff to
do programs and other work they need to do. He reported on SpringFim, a film series the
Library puts on in partnership with Willamalane, the Wildish Theater and sponsor P1ankTown
Brewing. This is a monthly film series in its second year, and they will continue again next
year. The last showing for 2015 is Thursday, August 6 for Spike Lee's "Do the Right Thing".
2. StanleLynch, Springfield, Or. Mr. Lynch distributed a set of photos of a vehicle parked in
front of a home. He said he had been trying to sell a piece of property about a block from the
property in photos. On the weekends, it seems to become the house for the Ranger Fire
Department and a private police station without being authorized by the City. This type of
privilege has been revoked from towing services and no tow service can drive or park their
truck at home even for a break. This has been brought to the City of Springfield's attention
and has been going on for 10 weeks. He has also brought this to the City Attorney's office as
well. He knows Code Enforcement staff are overwhelmed, but they may need to take some
personal time to go out on the weekends to see what is going on at this property. For ten
weeks there has been a dryer in front of the Ranger Patrol truck and nothing has been done. He
asked that staff work weekends to check these out instead of driving together during the week.
Mayor Lundberg asked if someone could talk to him personally. Chief Doney said he will talk to him.
Kallie Hodgson, Mill Manager for International Paper, Springfield Oregon Mill. Ms.
Hodgson thanked the Council for considering their Enterprise Zone application. This mill has
been an integral part of this community for over 65 years and they believe the application will
make it a stronger mill and great neighbor. International Paper has a strong value in safety, has
been a good neighbor, a great environmental steward, and they look forward to continuing to
be a good neighbor.
4. Sandy Mann, Springfield, OR. Ms. Mann said she is a property owner and asthma and allergy
sufferer. She asked Council to delay the vote on granting International Paper a five-year
property tax waiver until a study is done and paid for by International Paper. She asked that
the study include long-term medical costs to the Springfield area residents and what is in the
water. She said she lives in the Washburne neighborhood and the water tastes good, but it is
not good out east. She offered to do the study and noted that she had done volunteer work and
a research assistant, including research for Pete Sorenson. She is working on climate change
and has contact with agencies regarding that topic. She noted the severity of her allergies and
feels it is from the emissions from International Paper. According to the Register Guard,
International Paper is seeking a five-year property tax waiver worth $8.56M for $100M+
upgrade to the facility, but they are not promising any new jobs in return and could actually
trim its current workforce. They are a Tennessee based company and she feels they don't care
about what goes on in Springfield. The company shut down the Albany, Oregon mill in 2009
and she asked what would prevent them from doing the same here. She asked if the City
would raise property taxes again to make up the difference in the taxes. She said last year she
made $20,300 and paid $1500 in property taxes on her condo which is now worth less than
City of Springfield
Council Regular Meeting Minutes
July 20, 2015
Page 10
when she bought it in 2008. She noted that IP would still pay taxes on their current equipment,
but felt that was not enough and that they can afford more.
COUNCIL, RESPONSE
CORRESPONDENCE AND PETITIONS
BIDS
ORDINANCES
BUSINESS FROM THE CITY COUNCIL
1. Committee Appointments
a. Springfield Police Advisory Committee (SPAC) Appointments.
Mike Harman, Services Bureau Manager, presented the staff report on this item.
The Springfield Police Advisory Committee has two open positions available, one for a
representative of the minority community and one for a representative of the faith community.
There are no current incumbents eligible for either position.
Scott Chase was interviewed at the July 6, 2015 Council Work Session, and Jose da Silva was
interviewed at the July 13, 2015 Council Work Session. Staff recommends that Scott Chase be
appointed to the Faith Community Representative position, and that Jose da Silva be appointed to
the Minority Community Representative position. Both appointments are for four-year terms, set
to expire in August 2019.
IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR
WYLIE TO APPOINT SCOTT CHASE AND JOSE DA SILVA TO THE SPRINGFIELD
POLICE ADVISORY COMMITTEE WITH TERMS EXPIRING AUGUST 2019. THE
MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
2. Business from Council
a. Committee Reports
b. Other Business
BUSINESS FROM THE CITY MANAGER
2. International Paper Company Request Regarding Enterprise Zone Extension in Springfield.
RESOLUTION NO. 2015-27 — A RESOLUTION AUTHORIZING THE CITY MANAGER TO
SIGN AGREEMENTS WITH LANE COUNTY AND THE INTERNATIONAL PAPER
COMPANY TO EXTEND THE ENTERPRISE ZONE PROPERTY TAX EXEMPTION TWO
YEARS FOR A TOTAL OF FIVE YEARS FOR AN INVESTMENT IN ITS PAPER MILL IN
SPRINGFIELD.
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Council Regular Meeting Minutes
July 20, 2015
Page 11
John Tamulonis, Community Development Manager, presented the staff report on this item.
International Paper has requested that both sponsors of the Springfield Enterprise Zone (City of
Springfield and Lane County) approve five -years of extended enterprise zone benefits though
International Paper is not increasing employment. Its decision to replace two nearly nonfunctional and
key components of its ongoing Springfield plant operations—a head box and boiler floor (current
value approximately $344 million) --would allow the facility to continue operations, increase
efficiency, and help maintain quality for critical world markets. The replacement equipment would
take nearly a year to install, employ about 400 additional contractors at its peak, and does not
anticipate reducing any of its current employment of about 260 through this project. International
Paper is scheduled in the coming weeks to consider where to make upgrades to multiple
manufacturing facilities and these proposed upgrades could greatly enhance the long-term operations
of this Springfield plant. The EZ benefits could influence where International Paper chooses to make a
major investment and they need to know if they will have the requested five -years of enterprise zone
benefits.
Mr. Tamulonis said IP would sign a first -source agreement with the Oregon employment division for
any open positions at the plant. They also need to have a minimum employment level to retain their
EZ status. They currently employ 260 at the 42°d Street plant, but it was just learned today that their
second facility in Glenwood increases that number. The resolution will be changed to reflect 80% of
that new figure. With removal of the equipment from the plant, the City asked that the firm provide the
City and co-sponsors a total of $500,000 over the five-year period, paid in annual allotments. Once the
agreement is signed, IP must report back annually regarding employment levels and explanation if
they differ from the agreement, and provide the $100,000 annual payment. If Council approves this
tonight, staff will take it to the Lane County Board of Commissioners tomorrow morning at 10:30am.
Councilor Moore said she appreciates businesses making investments in Springfield. That says a lot to
her about them seeing the future in Springfield.
Mr. Tamulonis said there is a motion with the employment number amendments for Council to
consider.
IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR
WYLIE TO APPROVE THE RESOLUTION AUTHORIZING THE CITY MANAGER TO
SIGN AGREEMENTS WITH LANE COUNTY AND THE INTERNATIONAL PAPER
COMPANY, TO APPROVE A 3 -YEARS ENTERPRISE ZONE PROPERTY TAX
EXEMPTION, AND TO EXTEND THE ENTERPRISE ZONE PROPERTY TAX
EXEMPTION AN ADDITOINAL TWO YEARS, FOR A TOTAL OF FIVE YEARS FOR AN
INVESTMENT IN THE PAPER MILL IN SPRINGFIELD, AMENDING SECTION 2(D) TO
READ "MAINTAIN A MANDATORY MINIMUM LEVEL OF FULL TIME EMPLOYEES
EQUAL TO OR GREATER THAN 80% OF ITS ANNUAL AVERAGE FULL TIME
EMPLOYMENT AT THE TIME OF AUTHORIZATION APPLICATION, AT ALL TIMES
DURING THE SPAN FROM THE AUTHORIZATION UNTIL THE END OF THE
ENTERPRISE ZONE EXEMPTION PERIOD. THE MOTION PASSED WITH A VOTE OF 6
FOR AND 0 AGAINST.
3. Fire Special Operating Levy Renewal.
RESOLUTION NO. 2015-28 – A RESOLUTION REFERRING TO THE ELECTORS OF THE
CITY A BALLOT MEASURE AUTHORIZING THE LEVY OF A FIVE YEAR LOCAL
City of Springfield
Council Regular Meeting Minutes
July 20, 2015
Page 12
OPTION TAX FOR FIRE SERVICES TO STAFF A FIFTH FIRE ENGINE CREW IN THE
AMOUNT OF $0.36 OF ASSESSED VALUE BEGINNING IN 2016/17.
Bob Duey, Finance Director, presented the staff report on this item.
The current Fire Special Operating Levy passed by voters in November of 2010 provides resources to
staff the personnel for one of the five fire engine crews deployed by the City. The levy also provides a
partial amount of the material costs. This levy will expire on June 30, 2016.
Council has previously held two work sessions and conducted a public hearing on this topic and had
requested of staff to prepare a resolution and ballot title directing that the renewal of the fire levy be
placed on the November 2015 ballot at a rate of $0.36 per thousand.
At the June 15 meeting of the Council the motion to approve the resolution was tabled until July 20, to
allow Council the opportunity to consider an alternative election date.
The City of Eugene is going to have a measure on the November ballot, but the cost to the City of
Springfield would still be about $60,000. At a rate of .36/$1000, the measure would generate about
$8.3M over the five-year period. The cost of staffing Fire Station 45 at current levels is about $9.8M.
Council has the option of adopting the resolution as presented, amending the resolution or not
adopting the resolution and bringing this back for the May 2016 election.
Councilor Moore asked about the cost of the May election.
Mr. Duey said there would be no cost. It would be covered by Lane County with the Primary Election.
The advantage of the November election is that it gives more certainty in next year's budget process
and the disadvantage is the cost. The advantage of the May election is that there is no cost and there
would be more information on the budget. The disadvantage would be that the budget would be
further in the process without knowing the outcome of the election and if that funding would be
available.
Councilor Moore asked if they would be more aware of actual costs in May.
Mr. Duey said he would know property taxes, better projections overall, and bargaining results. There
would be more certainty in the numbers.
Councilor VanGordon said he is comfortable going with the November election. In looking at the pros
and cons, it will be more beneficial to have certainty about the levy. This is an important levy to our
community and we need to take the opportunity to get the message out to the community prior to the
budget.
Councilor Moore asked if they could put in on the ballot in May if it didn't pass in November.
Mr. Duey said they could.
Councilor Woodrow said she is comfortable with going forward with the November ballot as it will
give them confidence in putting together the budget.
Councilor Pishioneri said he supports going with the November election so they have a clear picture of
what is ahead of them, rather than waiting for the May election. He feels it will be money well spent.
City of Springfield
Council Regular Meeting Minutes
July 20, 2015
Page 13
IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR
WYLIE TO ADOPT/NOT ADOPT RESOLUTION NO. 2015-28. THE MOTION PASSED
WITH A VOTE OF 6 FOR AND 0 AGAINST.
4. Bid Award for Project P21052 — Springfield Mill Race Stormwater Facility, Booth Kelly
Trailhead and Mill Race Path.
Ken Vogeney, City Engineer, presented the staff report on this item.
Four bids were received on this project. Contract award is now necessary to enable work to proceed.
The City has completed the necessary planning, feasibility, design and permitting phases of the
Springfield Mill Race Stormwater Facility Project and is prepared to initiate the construction phase.
The construction contract award is the Project schedule's critical path item in order to begin
construction in Summer 2015.
Identified in the Stormwater Master Plan and the Capital Improvement Program, this project is
necessary to enable the City to provide treatment of stormwater from a large urban drainage basin
prior to discharge into the Mill Race. The project consists of earthwork and disposal of soil, a variety
of flow control structures, a trailhead and multi -use path and landscaping. The City is partnering with
Willamalane to enable concurrent construction of the trailhead and multi -use path through the site.
Schedule A is the City's portion of the work and Schedule B is for Willamalane's portion. The
reimbursement for the Willamalane portion will be addressed through the Weyerhaeuser Haul Road
IGA that Council previously authorized staff to prepare.
The following bids were received and opened on June 30, 2015:
Delta Construction Co. is the low bidder on this project. Funding for this project is provided by the
Stormwater Revenue Bond sold in 2010, as well as System Development Charge Funds. Sufficient
funds are budgeted in the Mill Race Stormwater Facility Project account (850223) to allow award of
the contract. There would be a number of dump truck loads taking away material from the site over the
next two years. The project will start this summer and continue next summer.
Councilor Ralston asked what routes the trucks would be using.
Mr. Vogeney said they would likely take the loads to their sand and gravel site on the Willamette
River. They would follow the normal approved truck routes through town along Main Street, Pioneer
Parkway and Highway 126. There is a potential dumping site south of town in which they could use
the McVay Highway. They are being given two years to complete the project.
Councilor Ralston said that was a lot of truck loads and it would be best if they could keep it off of
Main Street.
Schedule A
Schedule B
Total
Engineer's Estimate
$4,852,110.00
$1,017,294.00
$5,869,404.00
Delta Construction Co.
$3,671,193.00
$886,599.00
$4,557,792.00
Pacific Excavation, Inc.
$4,136,265.00
$894,603.00
$5,030,868.00
Wildish Construction Co.
$4,354,977.50
$930,504.50
$5,285,482.00
K&E Excavating, Inc.
$5,128,132.50
$1,098,738.00
$6,226,870.50
Delta Construction Co. is the low bidder on this project. Funding for this project is provided by the
Stormwater Revenue Bond sold in 2010, as well as System Development Charge Funds. Sufficient
funds are budgeted in the Mill Race Stormwater Facility Project account (850223) to allow award of
the contract. There would be a number of dump truck loads taking away material from the site over the
next two years. The project will start this summer and continue next summer.
Councilor Ralston asked what routes the trucks would be using.
Mr. Vogeney said they would likely take the loads to their sand and gravel site on the Willamette
River. They would follow the normal approved truck routes through town along Main Street, Pioneer
Parkway and Highway 126. There is a potential dumping site south of town in which they could use
the McVay Highway. They are being given two years to complete the project.
Councilor Ralston said that was a lot of truck loads and it would be best if they could keep it off of
Main Street.
City of Springfield
Council Regular Meeting Minutes
July 20, 2015
Page 14
Mayor Lundberg said she is so thrilled to get to this end of the Mill Race restoration. This started
before 1994. This will mean a place people can walk from downtown to a nice path. She agreed that
anything they could do to keep dump trucks off Main Street would be appreciated.
IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR
WYLIE TO AWARD THE SUBJECT CONTRACT TO BABB CONSTRUCTION CO. DBA
DELTA CONSTRUCTION CO. IN THE AMOUNT OF $4,557,792.00 AND AUTHORIZE THE
CITY MANAGER TO SIGN THE CONTRACT. THE MOTION PASSED WITH A VOTE
OF 6 FOR AND 0 AGAINST.
BUSINESS FROM THE CITY ATTORNEY
Ms. Smith said the City Attorney's Office would follow up with Mr. Lynch on his concerns expressed
during his testimony tonight.
Mayor Lundberg said this was the start of Council's summer break, other than the TEAM Springfield
meeting next Monday. There are other meetings councilors will be attending, but no Council meetings.
ADJOURNMENT
The meeting was adjourned 8:27 p.m.
Minutes Recorder Amy Sowa
Christine L. Lundberg
Mayor
Attest:
City Record
L"I Davis Wright
:! Tremaine LLP
July 20, 2015
Mayor Lundberg and Springfield City Council
225 Fifth Street
Springfield, OR 97477
Suite 2300
777 108th Avenue NE
Bellevue, WA 98004-5149
Charles Maduell
425-646-6119 tel
425-646-6199 fax
chuckmaduell@dwt.com
Re: Moderate Visibility Cellular Tower Application—Smartlink LLC on behalf of Verizon
Wireless LLC, Case TYP315-00003.
Dear Mayor Lundberg and Councilmembers:
We are writing on behalf of Verizon Wireless and in opposition to a proposed condition
that would impose a 90 -foot setback from the common boundary with the Springfield Relief
Nursery property. Such a condition is without legal or factual support and would have the effect
of precluding a much-needed Wireless Telecommunications System (WTS) Facility on the
property located at 4164 Jasper Road.
As staff correctly found in its Staff Report and Findings, Verizon Wireless' Discretionary
Use Request for the proposed 90 -foot "monopine" WTS facility meets all criteria in the code for
approval of the Discretionary Use, subject only to two additional recommended conditions of
approval: (1) that the facility be installed at the location shown on the applicant's submitted
tentative site plan; and (2) that the monopine facility shall be a three -branch per foot facility and
its appearance as a Sequoia or California Redwood tree shall be maintained in perpetuity, with
missing or damaged limbs replaced as necessary upon notification from the City. Verizon
Wireless has agreed to these conditions of approval.
Staff, however, now proposes an alternate condition of approval that would require
relocation of the WTS facility to a point no closer than 90 feet from the common boundary with
the Springfield Relief Nursery property to the north. This condition is apparently the result of
comments from Relief Nursery representatives and families alleging public safety impacts from
tower failure and health effects. Such a condition is not supported by or consistent with
applicable code criteria.
The proposed condition is based on a Springfield Development Code (SDC) provision
that imposes a tower setback from residentially zoned properties equal to the height of the tower
"in order to ensure public safety." SDC 4.3-145. Under this provision, the proposed 90 -foot
monopine would require a 90 -foot setback. However, this setback does not apply to the
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boundary with the Relief Nursery property since it is not zoned residential. There is thus no
authority under this provision to impose a 90 -foot setback from the Relief Nursery property.
Nor is there authority elsewhere in the code to impose such a setback from the Relief
Nursery property. In fact, if anything, the code makes clear that the City cannot impose an
increased setback on a WTS facility requiring Discretionary Use approval pursuant to SDC 5.9-
120(C), which allows application of other code standards, including increased setbacks, to
mitigate for any adverse effects of the proposed use on adjacent properties and on the public.
The proposed WTS facility is exempt from SDC 5.9-120(C). SDC 5.9-120 (D). There is thus no
authority to impose an increased setback to the proposed WTS facility.
Even so, the apparent justification for the alternate setback condition in the Staff Report
and Findings is Subsection I of SDC 4.3-145, which allows the City Council to "determine if
there are any impacts of the proposed WTS facility on adjacent properties and on the public that
can be mitigated through application of other [SDC] standards or conditions of approval as
specified in Subsection J" of SDC 4.3-145, which in turn allows the City Council to "impose any
reasonable conditions deemed necessary to achieve compliance with the approval authority as
allowed by Section 5.9-125," which in turn allows the City Council to "attach conditions as may
be reasonably necessary in order to allow the Discretionary Use approval to be granted."
However, this approval authority does not include authority to impose as a condition a setback
standard that does not apply to the proposal, such as the setback from residentially -zoned
properties in SDC 4.3-145 or the increased setback in SDC 5.9-120(C), from which the proposed
WTS facility is exempt under SDC 5.9-120(D).
Even if it did, the approval authority in Subsection I of SDC 4.3-145 does not justify or
support a condition requiring a 90 -foot setback. There is no evidence of any impacts on adjacent
properties and on the public that require mitigation. Instead, the proposed condition is based on
perceived safety impacts and health concerns from the location of the tower, not on any evidence
of such.
Not only is the alternative setback condition unwarranted and inconsistent with
applicable code criteria, it would have the effect of precluding a much-needed WTS facility in
the area since relocation on the property consistent with the 90 -foot setback would interfere with
future redevelopment of the property and thus not be allowed by the owner. Under these
circumstances, imposing a 90 -foot setback may have the effect of a denial of Verizon Wireless'
application, a result that raises an issue of compliance with the Federal Telecommunications Act
of 1996 since there is no feasible alternative to the proposed WTS facility.
For these reasons, we urge your approval of Verizon Wireless' Discretionary Use request
without the alternative condition in the Staff Report and Findings imposing a 90 -foot setback
from the Relief Nursery property.
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Sincerely,
Dav' Tright aine LLP
Charles Maduell
cc: Lauren Russell
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