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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. City of Springfield 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. City of Springfield 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. City of Springfield 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 City of Springfield 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. City of Springfield 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. City of Springfield 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 DWT 27403490v 1 0052051-000032 Anchorage New York Seattle Bellevue Portland Shanghai Los Angeles San Francisco Washington, D.C. wwwAw .corn July 20, 2015 Page 2 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. DWT 27403490v 10052051-000032 July 20, 2015 Page 3 Sincerely, Dav' Tright aine LLP Charles Maduell cc: Lauren Russell DWT 27403490v 1 0052051-000032