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HomeMy WebLinkAboutItem 03 Council Minutes AGENDA ITEM SUMMARY Meeting Date: December 3, 2007 Regular Meeting City Manager's Office Amy Sowa, 726-3700 ~ Consent Calendar Meeting Type: Department: S P R I N G FIE L D Staff Contact: C I T Y C 0 UN C I L Estimated Time: ITEM TITLE: COUNCIL MINUTES ACTION REQUESTED: By motion, approval of the attached minutes. ISSUE STATEMENT: The attached minutes are submitted for Council approval. ATTACHMENTS: Minutes: a) November 13,2007 - Work Session b) November 19,2007 - Regular Meeting c) November 26,2007 - Work Session d) November 26, 2007 - Special Regular Meeting DISCUSSION/ FINANCIAL IMPACT: None Sowa/agenda/minutes AIS City of Springfield Work Session Meeting MINUTES OF THE WORK SESSION MEETING OF THE SPRINGFIELD CITY COUNCIL HELD TUESDAY, NOVEMBER 13, 2007 The City of Springfield Council met in a work session inthe Jesse Maine Meeting Room, 225 Fifth Street, Springfield, Oregon, on Tuesday, November 13, 2007 at 5:32 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken and Councilors Lundberg, Wylie, Ballew, Ralston, Woodrow, and Pishioneri. Also present were City Manager Gino Grimaldi, Assistant City Manager Jeff Towery, City Attorney Joe Leahy, City Attorney Matt Cox, and members ofthe staff. 1. Community Development Advisory Committee (CDAC) Application Review. Housing Manager KevinKo presented the staff report on this item. Three positions on the CDAC are scheduled to expire on December 31, 2007, due to term expirations of Dan Egan, Bonnie Peterson and Roxie Cuellar. The three incumbents have each served two terms and are not eligible for reappointment. A fourth position is available as a result of the resignation of Diana Garcia. The terms for the four available positions will begin upon appointment by the Springfield City Council. The positions vacated by Egan, Peterson and Cuellar will expire on December 31, 2011. The position vacated by Garcia is for a partial term and will expire on December 31,2009. . Council is being requested to review the applications received for the vacant CDAC positions. Staff will be available to provide information and assistance. The recommended applicants will be formally appointed to the CDAC at a regular session of the Council on November 19,2007. The CDAC consists of six at-large positions from the community, one representative from the City Council and one representative from the Planning Commission. The CDAC advises the . City Council on all matters related to the City's housing and community development activities which are funded annually by Community Development Block Grant (CDBG) funds and HOME Investment Partnership Program (HOME) funds received from HUD. Applications are encouraged from lower income earners, residents of lower income neighborhoods, racial and ethnic minorities, senior citizens, disabled individuals and female heads of households. All applicants must live within the city limits or urban growth boundary of Springfield. The positions are available as a result of the upcoming term expirations of Dan Egan, Bonnie Peterson and Roxie Cuellar, and the resignation of Diana Garcia. The notice of available positions was posted on October 23, 2007 and applications were being accepted through November 1, 2007. Five applications were received before the deadline. The application for Robyn Sattler was received on November 2nd, and the application for Gerald Strebendt was received on November 5th. Council may choose to accept or reject the Sattler and the Strebendt applications. Staff is requesting that Council review the seven applications and make recommendations to fill the available positions on the CDAC. Three positions will have terms City of Springfield Council Work Session Minutes . November 13,2007 Page 2 . . . . . . . . . ..that expire on December 31,2011, and one position will have a term that expires on December 31, 2009. The recommendations will be presented at a regular meeting of the Council on November 19,2007, Mr. Grimaldi said Council could discuss the candidates and come to consensus on who to appoint, or if Council felt they needed more information on the applicants, they could request additional information or interview the candidates at a.later meeting. This committee made some significant recommendations to Council regarding allocations of funds, so he encouraged them to be comfortable with the candidates. MayorLeiken said it was great to have so many people apply. Councilor Ralston said he knew three of the applicants well and supported them. He felt that Caroline Toy would make an excellent candidate. He liked the fact that Gerald Strebendt was a business owner downtown. He also liked the answers from Robyn Sattler. He would defer to the rest of the Council regarding the fourth position. Councilor Ballew said she would agree to take the late applicants. She said she would like to see representation from around the City and diversity. She liked having a downtown business owner. Other than that,. she had no preference on the others. Councilor Woodrow confirmed that there were four positions. He. said he had no problem accepting the two late applications, He confmned that Judy Harold was the former Library Manager, and felt she would be a good choice. He discussed some of the other applicants and asked if staff would be bringing the applicants in for. Council to interview. Mr. Grimaldi said that would be up to the Council. Mayor Leiken concurred with the three recommendations of Councilor Ralston. He said he had met Mr. Strebendt and noted his investment in the downtown corridor. Ms. Sattler was 'involved in the Downtown Urban Renewal Political Action Committee (PAC) and Ms. Toy was also a good candidate. He noted that Judy Harold would be a good fit for the other position. Council consensus was to appoint Gerald Strebendt, Robyn Sattler, Caroline Toy and Judy Harold to the CDAC during a regular Council meeting. Mr. Ko noted that three of the positions were up for full terms and the other was to finish the term vacated by Diana Garcia, expiring December 31, 2009. The applicant that filled that. vacancy would then be eligible for two more full terms of service. Councilor Lundberg said the charge of the committee was to make recommendations about the allocation of quite a bit of money. She looked for people that had broader community sense regarding what the City wanted to accomplish and people that had the ability to take a look at applications in an unbiased manner, and apply the criteria to those applications. The decisions they had to make were difficult because there was often less money than requests. She agreed with the four choices noted above, and noted the importance of having people from a broad range from around the community. City of Springfield Council Work Session Minutes November 13, 2007 Page 3 Councilor Ralston said most of the people would probably be committed for the long term. He felt it would be a benefit to put Mr. Strebendt into the remainder of Ms. Garcia's position. Councilor Pishioneri said that if Council was pleased with Mr. Strebendt's work on the . committee, he could be appointed for two more full terms. Council consensus was to place Mr. Strebendt into the remainder of Ms. Garcia's position. . Mayor Leiken said Tess Chedsey was a very qualified applicant and he asked staff to keep her. application on file for future committees. Mr. Ko said he would bring the recommendations for approval to the. November 19 Council meetin-? He asked if Council needed any additional information. Councilor Ballew asked if Mr. Ko would be calling those that weren't recommended. Mr. Ko said he would be sending a letter. Councilor Ballew asked that he include information about the other City boards, committees and commissions in those letters. Mayor Leiken said it was a great group to choose from. 2. Unlawful Possession of Less Than One Ounce of Mariiuana and Springfield Municipal Code Jurisdiction of Fine Proceeds. Municipal Court Judge James Strickland and City Attorney Matt Cox presented the staff report on this item. At a recent meeting with the Springfield City Council, Springfield Municipal Court Chief Judge James R. Strickland brought to the Council's attention the fact that fine proceeds collected on UPCS (unlawful possession of controlled substance) less than one ounce of marijuana violations prosecuted at the municipal court were sent to the Oregon Department of Revenue. This is because currently UPCS less than one ounce is cited into Springfield Municipal Court under the ORS which directs that fine proceeds go to the State. Judge Strickland proposes that the Springfield Municipal Court add specific language to the SMC thereby allowing prosecution ofUPCS less than one ounce of marijuana violations through SMC language and allowing the municipal court to retain jurisdiction over fme proceeds collected. The City Attorney's office has worked with the municipal court to draft the attached ordinance. The Springfield Municipal Court already has a UPCS less than one ounce of marijuana violation . diversion program in place. There should be no cost to the City to add this violation into the SMC Chapter 5 - Public Protection. The City will receive financial benefit in the fines collected for UPCS less than one ounce of marijuana staying within the City's jurisdiction and not being forwarded to the Oregon Department of Revenue pursuant toORS 475.864. City of Springfield. Council Work Session Minutes November 13,2007 . Page 4 . . . . . . '. . '. . . '.' . The Police Depart~ent will have to instruct its officers to cite UPCS less than one ounce of . marijuana violators under the Springfield Municipal Code as opposed to the ORS in the future if this ordinance passes and comes into control regarding UPCS less than one ounce of marijuana citations. Mr. Cox reviewed the changes in the Municipal Code that would be discussed and noted that the Citywould continue to have the diversion program for fIrst time offenders. Councilor Ballew asked how much money this might generate. Judge Strickland said he did not know. He said the court writes about one hundred citations a year at about $500 each. He said the City's police officers were doing the work, but the revenues were going to the State. He felt it was only fair for the City to receive those revenues. Councilor Ballew said she was totally supportive of this change. Judge Strickland said he preferred the City code language for this and being able to use the diversion program. He explained the diversion program and its benefits. Councilor Pishioneri asked if there was a subsection on the diversion program that would provide a time limit so it would no longer be a factor if someone had been clean for a number of years. Judge Strickland said he had enough discretion to take all things into consideration. Mr. Cox asked if this was referring to the ten year diversion related to driving under the influence (DUI). Councilor Pishioneri said yes. He thought it would be good to have this consistent with the provisions for DUI. Further discussion was held regarding the diversion program. ..' Councilor Pishioneri asked if this ordinance was current with the new changes iri the ORS regarding medical marijuana. Judge Strickland discussed that exclusion and theORS statutes; Mr. Cox said he would look through the ordinance to be sure the concerns Council discussed were all addressed properly. He said he would make any noted changes and bring it back to the Council for a first reading. . . 3. Systems Development Charges Update. Assistant Public.Works Director Len Goodwin presented the staff report on this item. The City is completing work on both a sanitary sewer Facilities Master Plan and a storm drainage Facilities Master Plan. As these are brought before the Council for action, staff will be beginning the process of reviewing the need to update existing Systems Development Charge methodologies City of Springfield Council Work Session Minutes November 13,2007 Page 5 . . for subsequent consideration by Council. Separately, staff has recommended that the City retain Galardi Consulting, who provided services in connection with the last update, to lead the effort in the upcoming review. Because the local methodologies has not been before Council since 2000, staff has retained Galardi Consulting to present a brief review of the underlying considerations behind Systems Development Charges for the benefit of those members of the Council who are not fully familiar with the process., Systems Development Charges (also known as impact fees in: other parts of the country) are governed, in Oregon, by a complex statutory scheme which calls for a number of elements to be in place. Some of these elements are highly technical, while others bear significant relationships . to the separate process of land use planning which has its own complex statutory scheme. Because of this level of complexity, most cities seek external support for the effort to review and update methodologies and fees. City staff will be separately recommending that the City retain Galardi Consulting, who managed the last review of City Systems Development Charges, to lead the effort which will occur this winter and culminate, we believe, in recommendations on methodologies and rates sometime in the Spring. To provide Council with a brief refresher, and some basic training for those who have not heretofore participated in a review of the City's SDC methodology, staff have invited Deborah Galardi,' a principal in the firm, to make a brief presentation review the current state of the statutory scheme, including changes in the 2003 Session of the Legislative Assembly, to prepare the Council to participate in reviewing the results of the staff effort. Mr. Goodwin noted that Ms. Galardi was a nationally respected expert in the field of SDC's. Mr. Goodwin said he would be presenting a contract with Galardi consulting during next week's Council meeting. He introduced Ms. Galardi. Ms, Galardi said she would just he discussing concepts rather than figures during her presentation. A handout was distributed to the Mayor and Council. Ms. Galardi reviewed the background ofSDC's as described in the handout. She also discussed the history ofSDC's in Springfield. . Ms. Galardi gave an overview of the methodology ofSDC's, including methodological issues, fee structure options, cost basis requirements, capacity definition, fee schedule development, cost adjustments and credits. She also discussed SDC administration including updating, .llnplementation, and administrative requirements. Councilor Ballew asked if it would be reimbursement or improvement if ilnprovements were made that increased capacity of existing facilities. Ms. Galardi said it would be an improvement because it would be something that would be done in the future and it increased capacity. Councilor Wylie asked about auditing. Mr. Goodwin said those figures were all part.of our comprehensive financial report. The general public was entitled to see those reports. The State did not have its own auditing of this. City of Springfield . Council Work Session Minutes November 13, 2007 Page 6 Ms. Galardi previewed the SDC update process which included review 'of existing methodologies and calculations. She explained the project ~ork plan and asked Council if they had any questions. Councilor Ballew said the work plan didn't look like it included a citizen advisory committee. Mr. Goodwin said they hadn't yet made that determination. It was possible that a citizen' advisory committee (CAC) may be recommended by staff, particularly for the stormwater charges. There would be opportunity for public comment throughout the process. . Councilor Ballew said it seemed that there was going to be more permitting in regard to stormwater in the future. She asked if staff anticipated revising our s~ormwater fees in relationship to that. Ms. Galardi said it would depend on what types of improvements were recommended. It could be an issue. Mr. Goodwin further addressed that question. Mayor Leiken said there had been some citizens that discussed a possible SDCcredit bank that certain businesses could donate unused SDC's into for non-profits to use. Council was very interested in that prospect. As staff went through this process, he hoped staff would look at incorporating a credit bank. Mr. Goodwin said staff was investigating that. Mayor Leiken said it was important because non-profits were losing more and more dollars from the federal and state government. He discussed the lawsuit with the Homebuilders Association last time Council went through the SDC methodology. Although the City prevailed, he reminded staff of the importance of maintaining communication with the public on any possible changes. It was getting more expensive to get involved in development. He agreed that there could be issues that came up. If tighter regulations came from the State and Federal Government, some changes may need to be made. He was curious how this related to the Supreme Court Ruling on a developer in Michigan regarding Clean Water Act issues. He discussed that ruling further. As we move forward, he would like staff to continue to reach out to the community. Mr. Goodwin agreed. He noted that even if there wasno change in the methodology, there would be public involvement in this process. Fees would be increased, but staff would be talking with and keeping the public informed ofthose increases before coming to Council. Councilor Lundberg said she was an advocate of a CAC, and she would like to inc:lude public agencies on that committee because they were impacted by the City'sSDC's. Concerns and questions could be addressed through the CAC process prior to any public hearings, making the process more effective. Mr. Goodwin said staff would ask Council for a Council liaison on the CAC once it was formed. . City of Springfield Council Work Session Minutes . November 13, 2007 Page 7 4. Review of Street Fund Financial Plan. Assistant Public Works Director Len Goodwin presented the staff report on this item. Now that the City is well into the first fiscal year operating without revenue from the County/City . Partnership, it is timely to review the Street Fund Long Term Financial Plan. The Plan is showing signs of increasing fiscal stress, which may prompt the Council to consider actions to bring revenues and expenditures better into ba:lance. After recovering from severe financial challenges in 2000 through 2003 through the implementation of a local fuel tax, the Street Operations Fund again faces serious fiscal challenges because of the loss of revenue from the County {a byproduct of the difficulties surrounding the reauthorization ofthe Secure Rural Schools Act) and continuing stagnation of fuel taxes as a revenue source. While these trends have been mitigated by the robust performance of the City's local fuel tax, enacted in 2003, the City appears to be entering a potentially extended period when total revenue will remain essentially flat. A number of factors continued to drive spending trends.at rates that match or exceed the underlying rate of inflation, suggesting . the risk of serious consequences in FY 2009 if prompt action is not taken. Staff will discuss a variety of expenditure and revenue options to address the imbalance that is being created,.and respond to questions from Council. Mr. Goodwin discussed an upcoming transportation package coming to the 2009 legislative' . assembly, but the fate of that was still uncertain. In the meantime, the need for the City had become more immediate. The City's gas tax had been doing better than the State's gas tax for some reason. He explained his theory on why that was the case. The economic forecast suggested that unless something was done, there would be a large deficit in the street fund. Mr. Goodwin noted that during the last days of the current legislative session, the legislature converted some money from ODOT's reserves into the County's reserves, hoping that would support the loss of Secure Rural Schools funds. He explained how that basically didn't help Springfield at all. Mr. Goodwin said we needed to look at what to do now for this shortfall. The two options, as always, were expenditures and revenues. He discussed a short-term fix of expenditures. At this time there was a significant reserve in the Capital Fund and the City could go one year without transferring money from the Operating Fund to the Capital Fund and still have funds for preservation. The rest of the expenditure side was very difficult to do something with. The reality was, the City had been spending a lot of money that was normally considered flexible, on . contractual services to provide additional support for a lot of work. Cutting that cost would mean the work wouldn't get done, and was not a long-term fix. . Mr. Goodwin discussed using revenues to address the issue, including trying again to implement a Transportation System Maintenance Fee (TSMF) or increasing the fuel tax. There weren't . . many options. The fuel tax made the most sense, but was challenged. He discussed the results of a survey regarding locational affects on a fuel tax in some cities and not in some. Eugene, the city with the highest gas tax, had the lowest gas prices, and Veneta, the city with the lowest gas tax, had the highest gas prices. There were very few gas stations in the County. . i City of Springfield Council Work Session Minutes November 13,2007. Page 8 . . Councilor Ballew noted the current cost of gas at a local gas station. Mayor Leikendiscussed the significantreductioh in the amount of funds the City received from the County for road funds. ' . ' .Councilor Ralston saidwe were between 'a rock and a hard place. Taxes were not a popular subject and if we went with an increase in the gas tax, we would get the same opposition as the other cities that tried to implement it. He didn't agree with the TSMF Qriginally, but realized that everyone used the roads and needed to pay. The citizens in Springfield trusted Council's.. judgment and something had to be done. He would like to see a combination'of a slight gas tax increase and something that distributed the cost to all citizens somehow. This would be a difficult decision for Council. Councilor Wylie said because of the State formula, the State would have to raise the gas tax twelve cents a gallon for the City to get the same amount as if the City raised it one cent a gallon. She asked about a status on a County gas tax. Mayor Leiken said the Lane County Mayors met several weeks ago and discussed this issue with Lane County Board of Commissioner Faye Stewart. The County was not ready to put into place a County-wide gas tax at this time. There was probably going to be discussion, butno further action. The County was also waiting to hear fromthe Federal Government on the Secure Rural Schools funding. Councilor Wylie asked if it would need to go before the voters if Springfield wanted to raise the gas tax one cent. No, but citizens could refer it and then it would go to a vote. . Councilor Ralston said the cost of gas was going up. He asked if the percent the Citywas getting was increasing at the same rate. No. Mr. Goodwin said Congress had discussed indexation, which would tie the tax to the cost of gas, but it had failed. Councilor Ralston said the City could use the argument that the State would need to raise the gas tax twelve percent to equal the gain to cities if we raised ours one percent. Mayor Leiken said he, Mr. Goodwin and Mr. Laudati had met with the chair of the Transportation Committee and Representative Terry Beyer. He didn't foresee the State legislature helping out the cities on this issue. Council had some time to make some decisions and he felt this was an opportune time to put together a blue ribbon committee, including fuel station owners. It was important for them to have a seat on this committee. He was open to hear other solutions. The focus needed to be on the need, not the dollar amount. He discussed the value of our City streets and the investment needed to maintain those streets. The group could look at all options. It was important to get people at the table to come up with a solution. The timing for staff to bring this to Council was good because,it gave them time to work on a solution. City of Springfield Council Wark Session Minutes November 13,2007 . .. Page 9 . '. . Councilor Lundberg said she did support an increase in the gas tax. Council supported providing the core services to its citizens, and maintenance of the streets was a core service. Roads in need of repair caused wear and tear on vehicles. Springfield had good streets and had acknowledged the use of gas tax funds for maintenance on several large street projects. She didn't feel that a two cent increase was out of line because our gas prices would still remain in the J?iddle. She . was opposed to a Utility Tax. A gas tax spread out the cost because it affected everyone. She had more confidence that something like this would not get referred in Springfield. She would like to gauge the reaction before moving forward. This would not be the final solution, and it would take a broader solution. . Mayor Leiken said it was important to have a group at the table to discuss this and to include the fuel station owners. He didn't want the City in the position of getting this referred. Councilor Woodrow said raising the gas tax two cents a gallon would probably only address the issue for a couple of years. Mr. Goodwin said it would address the issue for two to three years. It wouldn't address the issue . of imp roving unimproved streets, which was discussed at a Council work session in October. Councilor Woodrow said he supported the Mayor's idea of forming a blue ribbon panel to look at some solutions. He also agreed with Councilor Lundberg that it wasn't a large amount of an increase. He noted that the gas stations in Springfield were charging about the same as those in Eugene, where they have a higher gas tax. He would also like to see members from each of the City wards on the committee: He explained why.' . Councilor Ralston asked if there was an SDC component to roads. Mr. Goodwin said there was. The transportation SDC was the principal, local source the City had for improving facilities. New construction generally came from SDC's, local improvement . districts, or the State. Councilor Ralston said that might be something else Council needed to look at. Mr. Goodwin said they couldn't capture anything in the improvement SDC for maintenance of the roads. Councilor Pishioneri said he agreed that two cents a gallon was a reasonable amount. He agreed with the Mayor's recommendation to have a blue ribbon panel look at this. He also would like to add big users, such as truckers, to this group. It was very important to get the input from the group before making a decision. Mayor Leiken said staff had come up with a great plan for big trucking companies that would receive a discount when the first gas tax was put into place. Councilor Ralston said he wanted to make sure the discount for truckers remained in place. . Mr. Goodwin explained the rebate they received. City 6f Spnngfield' Council Work Session Minutes November 13,2007 Page 10 CouncilorLundberg said she didn't want to discount an idea because it didn't go well in other areas. She said the blue ribbon panel would probably only need to meet one time. Many of the . issues were not just local. . . Mr. Goodwin said they would construct a timeline so they would be ready for next year's budget process. Councilor Ballew said regardless of the decision, we should spend the time to put out long range . public information to educate citizens about the problem. She felt there would be some lowering of materials costs in the future as housing declined and large projects wrapped up. The discussion should also include lowering the standard if there was not going to be a revenue source. It would all be part of the education process and finding out what the citizens wanted. . Mayor Leiken said this was an enormous investment. Public Works did such a great job that. most citizens didn't realize there was a problem. . Public Works Director Dan Brown mentioned the work session when Council discussed improving unimproved streets and how to make the prospect of fixing those streets more attractive to those residing on those streets. Staff received a number of questions from people that lived on some of those unimproved streets. Maintenance Manager Brian Conlon would be coming to Council in the near future to include this as part of the process. He noted the large amount of work needed to provide maintenance to those unimproved streets, and the request from residents to provide a little better maintenance. ADJOURNMENT . The meeting was adjourned at 7:05 pm. Minutes Recorder - Amy Sowa. Sidney W. Leiken Mayor Attest: Amy Sowa City Recorder' City of Springfield Regular Meeting J MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, NOVEMBER 19,2007 The City of Springfield Council met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, November 19,2007 at7:18 p.m., with Mayor Leiken presiding. . ATTENDANCE Present were Mayor Leiken and Councilors Lundberg, Wylie, Ballew, Ralston, Woodrow and Pishioneri. Also present were City Manager Gino Grimaldi, Assistant City Manager Jeff Towery, City Attorney Joe Leahy, City Attorney Matt Cox, City Recorder Amy Sowa and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Leiken. SPRINGFIELD UPBEAT 1. Springfield Library Bookmark Winners. Youth Services Librarian Barbara Thompson presented this item. . Children's Book Week has been celebrated nationally during the week before Thanksgiving since 1919 in schools, libraries, and bookstores - where ever there are children and books. For 27years now, the Springfield Public Library has celebrated Children's Book Week with a book mark contest for grades kindergarten through middle school. This year, 600 children designed bookmarks and entered the contest. All of their designs, about books, reading, libraries or the year's theme, which is "Rise Up Reading!", are now displayed in the children's department. . After choosing the winners, the library has their book marks professionally printed and we then give them out to library users and children on classroom tours of the library. Ms. Thompson introduced the bookmark contest winners 2007. Mayor Leiken congratulated each .'. student. Kindergarten Sarah Beck, Brattain Elementary 1 st Grade Amy Rose, Ridgeview Elementary 2nd Grade Linda Pham, Centennial Elementary City of Springfield. Council Regular Meeting Minutes November 19,2007 Page 2 . rd . 3 'Grade Braiden Gheen, Walterville Elementary 4th Grade Mason Zmolek, Mt.V ernon Elementary . 5th Grade Monica Wilson, Brattain Elementary . . Middle School .' Stevie Bristow" Goshen School Middle School Megan Bernatzki, Briggs Middle School ,. . . ' , . Mayor Leiken thanked everyone for their involvement with the Library. . 2. American Public Works Association (APW A) Award Presentation. Public Works Director Dan Brown presented this item. He introduced Kurt Corey, President of the American Public Works Association - Oregon Chapter. The APW A Public Works Project of the Y ear Award was established to promote excellence in the management and administration of public works projects by recognizing the alliance between the managing agency, the consultant/architect/engineer, and the contractor who, working together, complete public works . projects. The Martin Luther King Parkway and roundabout was awarded 2007 Project of the Year in the category of a transportation project between $2M and $1 OM. Three plaques will be presented: City of Springfield, Lane County and Delta Construction. Mr. Brown discussed this project and noted the award they received last month from the American Concrete Pavement Association. He noted that some of the people in the audience tonight were representatives from the Oregon Chapter of the American Public Works Association. ,Mr. Brown introduced City staff that were involved in this project that were present tonight; Brian Barnett, Linda Pauly, and Ken Vogeney.There were many more staff people involved from .' the City and County. Mr. Brown introduced Peggy Keppler, City of Eugene Manager in the Public Works Department, and currently on the state chapter board of directors. He also introduced Kurt Corey, Oregon Chapter APW A President and Public Works Director for the City of Eugene, who would be presenting tonight's awards. Mr. Brown noted that Lane County did the engineering on the project and Lee Babb, Delta Construction, was the prime contractor. Mr. Brown gave a brief introduction of Kurt Corey. He noted that Mr. Corey was recognized in 2006 as one of the top ten Public Works leaders in the nation by APW A. . "City of Springfield " Council Regular Meeting Minutes November 19, 2007 , Page 3 " , . Mr. Corey discussed the APW A and what it was about.. He gave a brief history of the APW A, and ' said that they recognized excellence in public works projects. The MLK Jr. Parkway and roundabout project ranked top in the State in 2007 in the category of transportation project in the $2M-$IOM category. One of the key factors in this type of project was the partnerships that went into providing the public with these types of improvements. ' . Mr. Corey asked Mayor Leiken, Bill Morgan, interim County engineer for Lane County, and Lee Babb, president of Delta Construction to come forward to receive their awards. He congratulated the Springfield City Council for their support of public works capital improvements and the public works department and making this project possible. He presented the awards. Mr. Babb said the MLK Parkway project was a project of many agencies. His employees and superintendents were very proud of this job, but they just did what the City and County laid out for them to do. He was pleased with the design and pleased it turned out so well. He said he was proud to be here. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR WOODROW TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF6 FOR AND 0 AGAINST.' J. Claims a.. Approval of the October 2007, Disbursements for Approval. ' 2. Minutes a. November 5,2007 - Work Session b. November 5,2007 - Regular Meeting 3. Resolutions a. RESOLUTION NO. 07-50 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30150 TAYLOR RAE TERRACE SUBDIVISION. b. RESOLUTION NO. 07-51 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD COMPETITIVE BIDS EXCEEDING $35.000 AND APPROVE AMENDMENTS TO PUBLIC CONTRACTS DURING THE PERIOD OF DECEMBER 4.2007 TO JANUARY 6.2008 WHILE THE COMMON COUNCIL IS IN RECESS. 4. Ordinances a. ORDINANCE NO. 6208 - AN ORDINANCE GRANTING COMCAST OF OREGON ' , II. INC.. AN ADDITIONAL TERM AND FRANCHISE RENEWAL FOR THE OPERATION OF A CABLE COMMUNICATIONS SYSTEM: AMENDING ORDINANCE 5567: ADOPTING A SEVERABILITY CLAUSE: AND PROVIDING' AN EFFECTIVE DATE. City of Springfield Council Regular Meeting Minutes November 19,2007 Page 4 a. Authorize th.e City Manager to Execute a Letter of Agreement with Comcast Concerning Renewal of the Cable Television Franchise. b.' Authorize the City Manager to Execute an Agreement with Galardi Consulting, LLC to Provide Services in Connection with the Upcoming Update to the City's Local System Development Charge Methodologies and Rates. c. Approval of Liquor License Endorsement for The Pour House, Located at 444 N 42nd . Street, Springfield, Oregon. ITEMS REMOVED , , , , , ' , PUBLIC HEARINGS - Please limit comments to 3 minutes: Request to speak cards areavailable at both entrances. Please present cards to City Recorder. Speakers may not yield their time to others. 1. Downtown Urban Renewal Plan and Report. , . . . ORDINANCE NO.2 - AN ORDINANCE APPROVING THE SPRINGFIELD DOWNTOWN URBAN RENEWAL PLAN AND REPORT AND ADOPTING A SEVERABILITY CLAUSE (FIRST READING). Community Development Manager John Tamulonis presented the staff report on this item. On . November 6, 2007, the Springfield electorate authorized the City Council to allocate taxes to a downtown urban renewal district. Allocation of taxes to an urban renewal district requires the creation and adoption of an urban renewal plan and report. A draft version of the Downtown Urban Renewal Plan was reviewed by Council on September 17,2007. Staff was authorized to present that draft for review by other taxing bodies and for presentation and review by the general public. , At i~sue is whether the Downtown Urban' Renewal Plan and Report should be adopted; adopted with amendments, or rejected by the Council. On October 2,2007, the Downtown Urhan Renew'al Plan was reviewed by the Planning Commission. The Planning Commission voted unanimously to recommend that the City Council approve the Downtown Urban Renewal Plan and Report with a minor text change describing how urban renewal would affect schools. "Town Hall" events were held on August 7th and September 20th to present the draft plan for public review and comment. These events were publicized by display ads in the Register Guard, by media stories and by direct mail (September 20th meeting) to residents and property owners within the urban renewal plan boundary. Staff also made presentations to numerous community organizations such as the Chamber of Commerce, Rotary, . and Lions Clubs. Presentations and discussion with the staff and elected officials for affected taxing bodies including Lane County, School District 19, Lane ESD, Willamalane Park and Recreation District , , and Lane Community College were also held. City of Springfield . Council Regular Meeting Minutes November 19,2007. Page 5 Attachment 1 is the ~dopting ordinance which follows the required contents and makes the required findings and determinations described in ORS 457.095. .. Attachment 2 is the Downtown Urban Renewal Plan and Report which is also identified as Exhibit A in the adopting ordinance. Attachment 3 is the Staff Report which provides findings for Council review related to the requirements of ORS 457 for the establishment of an urban renewal district and for the contents of an urban renewal plan. . . Attachment 4 summarizes the comments received from the affected taxing bodies, the public, and those received through the Planning Commission review held on October 2nd. The attachment also includes recommended revisions to the Draft Downtown Urban Renewal Plan and Report that are intended to respond tothe comments and to improve the documents.' . Mr. Tamulonis referred to the attachments included in the agenda packet. He distributed a document showing the notices that were sent out regarding this item as well as the mailer sent out after the election noticing registered voters in Springfield of tonight's public hearing. He discussed the proposed amendments from the Planning Commission. He distributed a memo from Willamalane regarding a proposed project in the urban renewal plan. . . Mayor Leiken opened the public hearing. 1. William Carpenter. 680 T Street. Springfield. OR Mr. Carpenter recommended the eastern boundary for the Urban Renewal District end at 14th Street. He noted several reasons for this. recommendation. The first was that the City needed to live within our means. There was a great opportunity and he wanted to make sure we didn't drop the ball and find ourselves in fiscal problems. He noted the cost of the fire station that was being built, the jail being built and the urban renewal district in Glenwood detracting from tax revenues from the General Fund. Two districts of that size (ifthe Downtown Urban Renewal District stopped at 14th Street) would be sufficient to let the City move on and if it was later determined the land east of14th Street warranted some type of urban renewal, the Council could go to the voters to get a small district added. He explained that the lands east of 14th Street were not appropriate for the urban renewal district because they had larger than normal lots and were not conducive to urban renewal. He felt the City needed to keep urban renewal downtown in the downtown itsclf . 2. Michael Balk. 260 West J Street. Springfield. OR Mr. Balk said he read through the urban renewal district plan and was thrilled with the language in the plan. He thanked staff for the hard work they put into the plan. He said he was recently at a meeting at Eugene Water and d Electronic Board (EWEB) and said the meeting room had a beautiful vista of the river. Sadly, there was nothing like that in Springficld, but he felt the urban renewal plan provided an opportunity to address that reality. He said he had participated in a river clean-up recently and noted the amount oftransient's trash that was gathered. He felt the reason for the excessive trash and transient's living under the railroad trestle, was because much of the property was unused. The objectives outlined in the development plan included the highest use of property connected to the river and dealing with the community safety and health. He was thrilled that this could offer an opportunity, in the long term, to relocate the chemical company. He made copies of the current evaluation of Valley River Center and noted that they paid about City of Springfield Council Regular Meeting Minutes November19,2007 Page 6 . . . $100,000 more in taxes annually than the entire Bordenheavy industrial property complex in . .' Springfield, which was over double the size. He felt Borden Chemical (Hexion) might be happier in a location that was. less environmentally sensitive. He hoped they would look over those figures. He noted the many possibilities for downtown such as nice restaurants, hotels, . public open space, a new library or a foot bridge. The money would eventually accumulate in the district making it easier for Hexion to relocate. He had his home in Springfield for thirty years, and property along the river for twenty years, which made him sensitive to the transient issue along the river. He didn't see things getting better until the property was fully utilized . and occupied. He provided the Mayor and Council with a copy of the Valley River Center . evaluation. . 3. Fred Simmons. 312 South 52nd Place. Springfield; OR Mr. Simmons said the urban renewal staff report was full of technical errors. It referred to a hearing that occurred before the Planning Commission on October 2, but that meeting was not a public hearing, but rather a meeting. He said he had noted that during the meeting and asked that it not be referred to as a hearing, but it was. Tonight was the fIrst public hearing that had occurred on the downtown . urban renewal district. He referred to Table 6, the list of proposed projects. He said they didn't delineate how their execution benefited the urban renewal district boundaries. He didn't feel the plan was legitimately adoptable in its present form. He said it was clear from the SEDA meeting, that this was a done deal. He felt that this needed to be dealt with in a court by a third party. The real flaw was the date of notice issue and that there was no date of notice requirement in the urban renewal statute. The plan voted on by the people, didn't seem that it was directly connected to benefit downtown. He discussed the issue of the boundary going out to 23rd and noted that the southern boundary didn't include the Booth Kelly . . property in a way that would be beneficial to the downtown urban renewal area. He said he stood opposed to this plan and report.. 4. Gerv VanderMeer. 2604 J Street. Springfield. OR Mr. VanderMeer thanked Mark Metzger and John Tamulonis and said they had done an excellent job of working with the public to get the information out correctly. Since the urban renewal plan was first assembled, an . unforeseen circumstance had arisen - the substantial cost increase in construction and building materials. This had resulted in the previously approved Justice Center experiencing . cost increases that had diminished funds available for the 100 bed jail that was promised to the citizens. He was concerned that the jail may get short-shifted. There was an opportunity for SEDA to make sure that commitment of the 100 bed jail was met and the voters of the City of Springfield would not have their faith in the City broken. If it was in the best interest for SEDA to build a new Library and Fire Station, they should also support the jail. It would be his request that SEDA be authorized in appropriate language in this plan to provide financial assistance to City necessary to complete the jail. This would be a significant break in faith for the citizens if the City did not support and build that jail. He would support 14th . Street as the eastern boundary for this district. It seemed logical that the area that would . ....benefit most from the funds allocated should be in the downtown area. Extending past 14th Street would be including an area that wouldn't see any benefit. He hoped Council would accommodate his requests and fIrst complete the jail. Mayor Leiken closed the public hearing. NO ACTION REQUESTED. FIRST READING ONLY. City of Springfield . . Council Regular Meeting Minutes November 19,2007 Page 7 2. Merger of Regional Fiber Consortium and Fiber South Consortium. ORDINANCE NO.3 - AN ORDINANCE RATIFYING THE CREATION OF THE REGIONAL FIBER OPTIC CONSORTIUM. AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE INTERGOVERNMENTAL AGREEMENT CREATING THE CONSORTIUM ON BEHALF OF THE CITY OF SPRINGFIELD, AND REPEALING ORDINANCES 5926 AND 5942 (FIRST READING).. Assistant Public Works Director Len GoodWIn presented the staff report on this item. The Board of Directors of the Regional Fiber Consortium and the Board of Directors oftheFiber South Consortium have agreed that the two consortia should be merged and that the Regional Fiber Consortium should be the surviving entity. The Boards have approved a draft Intergovernmental . Agreement to effect the merger. That draft agreement is now presented for Council review, along with an ordinance, as required by ORS 190.085, ratifying the creation of the RegionalFiber Consortium as the surviving entity. When the two Consortia were created, the principal reason for keeping them separate was the . . perceived difficulty of managing an enterprise with a diverse group of cities and counties. encompassing virtually the entire southern half of the state. Shortly after both were formed, they . began to operate in tandem and, for the past several years, every meeting has been a joint meeting of both. Consortia. While the broad geographical scope of the two Consortia has been a . complicating factor in efficient operation, it is proving to be less of a concern than is the difficulty" of getting either of the Consortia to function efficiently. Simply put, many memberjurisdictions . take only a passive interest. The boards have concluded that the core group, which includes jurisdictions from both Consortia, can more effectively manage operations if the two Consortia are merged and a representative Board of Directors created to manage affairs, rather than rely on a Board which includes every member jurisdiction. . One negative impact of keeping the Consortia separate has been the difficulty of managing fmancial resources. Although the telecommunications industry views the consortia's fiber assets as a unitary system, because the original arrangements were made separately, a situation has arisen where Fiber South has substantial debt and Regional Fiber has significant reserves well in excess of that debt. This merger will allow for retirement of the existing debt, and by consolidating many of the administrative functions, allow for reduced ongoing expenses. Mr. Goodwin explained why the merger was being proposed and why it was being proposed as an ordinance. . Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. NO ACTION REQUESTED. FIRST READING ONLY. 3. Vacation of a Portion ofl8th Street Public Right-of-wayNorth ofQ Street, Case No. LRP2007-00024. . City of Springfield Council Regular Meeting Minutes November 19,2007 Page 8 . . . . .. . ORDINANCE NO.5 - AN ORDINANCE VACATING A PORTION OF 18TH STREET PUBLIC RIGHT OF WAY WITHIN RONALD P ARK PLAT AS PLATTED AND RECORDED IN BOOK 14. PAGE 13 LANE COUNTY OREGON PLAT RECORDS (FIRST READING). . City Planner Andy Limbird presented the staff report on this item. On September 12, 2007, the applicant, Scott McKee, initiated a vacation of public right-of-way for the segment of 18th Street between Q Street and the developed intersection of 18th and Q Streets. The applicant owns the adjacent properties and intends to develop a commercial office building on the site. The subject right-of~way is an irregular-shaped portion of 18th Street lying to the north of Q Street. The subject right-of-way was platted with the adjacentRonald Park subdivision in 1948, but was subsequently truncated when Q Street was realigned to accommodate the 1-105 on~ramp and interchange. The right-of-way requested for vacation is partially developed with a 20-foot .' wide asphalt mat surface and provides access to an existing dwelling. The three abutting tax lots that have frontage on the vacation area were recently rezoned from Medium Density Residential (MDR) to General Office (GO) pursuant to Planning Action ZON2007 -00011. All three tax lots . with frontage on the subject right-of-way are owned by the applicant. The applicant is proposing to combine the vacation area and the adjacent tax lots into a single development site for a . commercial office building. The applicant has not completed an Assessment of Special Benefit for the vacation area as required by the City's Municipal Code. The applicant is requesting a continuance of the public hearing to allow for the information to be prepared and submitted for consideration by City Council, and before any decision to approve the vacation ordinance. . Mr. Umbird said staff was recommending the applicant's request to open the public hearing and. . leave it open until Council's regular meeting on January 7, 2008. Councilor Ballew asked for an explanation of 'assessment of special benefit'. Mr. Linlbird said the assessment of special benefit was an evaluation, typically by a professional land appraiser, that would attribute an incremental value to the land as to proportional development potential of the property. This vacation request was for 7500 square feet of land, a good portion of which could be built upon. Councilor Pishioneri asked who would select the appraiser. Mr. Limbird said the Municipal Code required the applicant provide an unbiased, thirdparty assessment for review by the City Manager and then presented to City Council. Mr. Leahy said special assessment was a response to Council concerns over the years regarding vacating property and it adding to the value ofthe person who seeks the vacation and the City not . .. receiving any remuneration for the vacation. The Code required an MAl appraiser, but allowed . for situations that didn't bear the cost of securing an MAl appraiser. The applicant had been told that if he secured an independent appraisal from a recognized broker for the City Manager to review and recommend to Council, that might work. The City was not bound to do that. If the City Manager or Council determined the appraisal from the broker was not fair, they could . require the property owner go back and get an MAl appraiser. I City of Springfield . . Council Regular Meeting Minutes November 19, 2007 Page 9 . . . Councilor Pishionerisaid he felt the amount of property was large enough to require an appraiser from an MAl appraiser. . . . . . .' . Mr. Leahy said it was written so Council could make that requirement. Councilor Lundberg said if the appraiser came back and Council was not comfortable with the report, Council could send it back for an MAl appraisal. Mr. Leahy said that was correct. Councilor Woodrow asked what the cost difference was between a broker and MAl appraiser. Mr. Leahy said $0 - $800 compared to $2000 - $6000. It was Council ~ s choice. . Mayor Leiken said he was comfortable with a commercial realtor doing the appraisal because of the information they had at their disposal. Councilor Pishioneri said he would be comfortable allowing that if Council could come back to revisit this if Council was not satisfied with the appraisal. He noted the ingress and regress in that area and warrants for that intersection and traffic control. He explained. He had concerns about visibility on that comer. Mr. Limbird said the intent of the vacation was to combine the vacated area with the adjacent tax lot to create one development area. The entire development was proposed as a commercial office building and would need to go through site plan review. Traffic. and accessibility issues would be dealt with once a development plan was presented. Staff could then respond to that plan. The applicant was looking to assemble the land base fIrst. The applicant team would provide information and analysis at that time to ensure accessibility for commercial traffic generation. Councilor Ballew said there were a lot of public improvements in the right of way. She asked how those would be moved and if the applicant would have to determine that before or after the vacation. . Mr. Limbird said there was no specific timeline from the date the ordinance was approved until it was recorded with Lane County. Staff would require that a public improvement plan to address' the existing utilities and improvements in that portion of the street was accepted prior to recording the vacation ordmance. There needed to be a plan in hand for the relocation of the utilities prior to recording of vacation, approved by the City Engineer. Councilor Ballew asked how that was enforced and recorded. Mr. L~bird said the developer would be required to bond for the public improvements. . IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR WOODROW TO EXTEND THE PUBLIC HEARING TO JANUARY 7, 2008. THE . MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. NO ACTION ON THE ORDINANCE REQUESTED. FIRST READING ONLY. City of Springfield Council Regular Meeting Minutes November 19,2007 Page 10 L, Curtiss Greer. 357 55th Street. Springfield. OR. Mr. Greer opened his remarks by stating '. that what he was reading was not directed at anyone individual. Feeling that there was something familiar about the recent actions by proponents of the ballot measure, he spent the weekend searching speeches from the past and discovered a distinct similarity to what was happening herein Springfield. Having grown up near the time of a particularregime .. that was extremely good at this, he became familiar with the strategy and he felt the same strategy was being used here now. This was a propaganda game being set forth to convince the populace to fall. As was said by the regime "if the propaganda achieves the right results, it is good". He totally disagreed with that criterion. Ifwe lose the value of speaking the whole and complete truth, we are headed for destruction and dictatorship. The urban renewal issue was riddled with propaganda. TEAM Springfield news releases were riddled with propaganda. This was what upset him more than anything else. It did not matter if he agreed or disagreed with the projects, he did disagree with the propaganda that had been published. He gave the example of the term 'no new taxes' and said raising existing taxes had the same affect as new. Giving the impression that only money from the area would fund the projects when the cost applied to the whole City. In taking over $IM from the taxpayers to fund a project and then taking glory in having it done. Using propaganda to have the schools agree that they could afford to have money . taken away - they better not ask for any replacement. From what he had observed, he would like to know what safeguards were in place to prevent a repeat of history. In case someone didn't know the regime he spoke of, it was the one in Germany by the man who .' built the Berlin Party, later known as the Nazi Party. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS BIDS ORDINANCES BUSINESS FROM THE CITY COUNciL 1. Committee Appointments a. Community Development Advisory Committee (CDAC) Appointment. . . Housing Manager Kevin Ko presented the staff report on this item. Three positions on the CDAC are scheduled to expire on December 31,2007, due to term expirations of Roxie Cuellar, Dan Egan and Bonnie Peterson. A fourth position has been vacated due to the resignation of Diana Garcia. All positions are at-large appointments. Pending confirmation by the Council, the terms for three appointees will begin on January 1,2008 and will continue, through December 31, 2011. The person appointed to fill ~he position vacated by Ms. Garcia will serve the current term through December 31, 2009, and will be eligible to serve two. additional full terms. Cityo[ Springfield Council Regular Meeting; Minutes , November 19, 2007 Page 11 The CDAC consists of six at-large positions from the community, onerepresentative from the .' City Council and one representative from the Planning Commission. The CDAC advises the City Council on all matters related to the City's housing and community development activities which are funded annually by Community Development Block Grant (CDBG) funds and HOME Investment Partnership Program (HOME) funds received from HUD. "Applications are encouraged from lower income earn~rs, residents of lower income neighborhoods, racial and ethnic minorities, senior citizens, disabled individuals and female' heads of households. All applicants must live within the city limits of Springfield. The positions are available as a result of the upcoming term expirations of Roxie Cuellar, Dan Egan and Bonnie Peterson, and the resignation of Diana Garcia. The notice of available positions was posted on October 23,2007 and applications were being accepted through November 1,2007. Seven applications were received. Staff presented the applications to the Council at the November 13, 2007 work session. Council recommended Judith Harold, , Robyn Sattler and Caroline Toy for full-term appointment!:! to the CDAC, and recommended Gerald , Strebendt to a partial-term appointment. Staff is requesting that Council appoint Harold,.Sattler, Strebendt and Toy to fill the four available positions on the CDAC. , IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY . COUNCILOR WOODROW TO APPOINT JUDITH HAROLD, ROBYN SATTLER AND CAROLINE TOY TO THE CDAC WITH TERMS TO EXPIRE DECEMBER 31, , 20ll. THE MOTION PASSED WITH A VOTE OF 6 FORAND 0 AGAINST. IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR WOODROW TO APPOINT GERALD STREBENDT TO THE CDAC, TO COMPLETE THE TERM OF DIANA GARCIA WITH A TERM TO EXPIRE DECEMBER 31,2009. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Business from Council a. Committee Reports 1. Councilor Ballew reported on the Metropolitan Policy Committee (MPC) meeting. There were some concerns that the Federal Regional Transportation Plan (RTP) wasn't going to stand. There was a split vote from Eugene, with the standing vote coming from Mayor Piercy. She noted the importance of that document. Without it, a lot ofprojects would not be able to go forward, Part of the discussion was to start working on updating the Metro Plan and particularly TransPlan. That wquld mean a commitment from Springfield. She had talked with City staff that felt they should start on that, too. Mayor Leiken said Mayor Piercy's vote was key because of the federal dollars on the line. If it had failed, it could have squelched some major projects including the identifiable funding that could eventually get to the 1-5/Beltline interchange. He sent Mayor Piercy an email thanking her for her vote. They would be looking to move forward eventually to doing the infrastructure work on the intersection of the Expressway and 52nd Street, as well as the intersection at the Expressway and Main Street. The parties agreed the Metro Plan needed to be discussed. City of Springfield . , Council RegularMeeting Minutes November 19, 2007 . Page 12 Councilor Ballew reported on the Lane Workforce Partnership. She said there was a declining amount of federal fmancing for projects and training personnel. - 3. CouncilorLu~dberg thanked Council for the moment to do the ribbon cutting for - Cafe Yumm! She said that was the nicest moment tohave that come to this , commucity along with St~rbucks. She said that Casey Hatfield from KEZI commented thatthe new Cafe Yumm! in Springfield was easier to get to than the one on Coburg Road because of traffic. ' 4. Councilor Ralston. reported ~n the Human Services Commission (HSC). The main topic was how to separate out the Health Center. The proposal would be going before , the Lane County Commissioners. It should save money and hold providers harmless. Currently, the Health Center was taking more money and resources from the , providers, and that wasn't supposed to happen. The Health Center should be able to stand on its own. To separate it out, however, a new Executive Director needed to be hired, along with new staff, and it would cost more money. It was not clear whether or not this would be beneficial. HSC was instructed to make a clear summary that everyone could understand so it didn't look like they were hiding anything. It had , been a long process, but should be getting close to the end. He said he would provide an update after they go before the Lane County Commissioners. . . 5. Mayor Leiken said he had the opportunity to have lunch at the Relief Nursery. There was a group looking at the Relief Nursery from Kiev, Ukraine. One was the Deputy Mayor. Itwas interesting to talk to them about how non-profit agencies function and work. The central government in the Ukraine had always provided these types of . services for the citizens. The Relief Nursery was a model organization. Mayor Leiken also referred to Councilor Ralston's discussion about the HSC. Senator Wyden would be in Springfield tomorrow to hold a round table on affordable housing. Housing Manager Kevin Ko and the Mayor had been invited and would be attending. The senator was very impressed with what was happening in Springfield regarding affordable housing. The Mayor and Mr. Ko would have a seat at the table. Councilor Ralston said Springfield was looking at expanding the urban growth boundary and providing affordable land. He wanted to make sure that part of that formula was some sort of mechanism to set aside property that non-profits could use to build affordable housing. There was not much affordable property left in the City. , . . . , . . . , . , ' . Mayor Leiken said he agreed. One of the biggest arguments made when testifying in 'Salem regarding HB3337, was that young families were moving to smaller outlying communities to fmd affordable housing. When expanding the UGB, affordable housing needed to be part of that. BUSINESS FROM THE CITY MANAGER BUSINESS FROM THE CITY ATTORNEY \" '. City of Springfield. Council Regular Meeting Minutes November 19,2007 .Page 13 Mr. Leahy noted that the University of Oregon men took fIrst place in the National Cross Country and the women placed second. ADJOURNMENT . The meeting was adjourned at approximately 8:21 p.m. Minutes Recorder Amy Sowa Attest: City Recorder Sidney W. Leiken Mayor \ . City of Springfield Work Session Meeting MINUTES OF THE WORK SESSION MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, NOVEMBER 26, 2007 The City of Springfield Council met in'a work session in the Jesse Maine Meeting Room, 225 , Fifth Street, Springfield, Oregon, on Monday, November 26, 2007 at 5:48 p.m., with Mayor Leiken presiding. . ATTENDANCE . Present were Mayor Leiken and Councilors Lundberg, Wylie, Ballew, Ralston, Woodrow, and Pishioneri. Also present wereCity Manager Gino Grimaldi, Assistant City Manager Jeff . Towery, City Attorney Joe Leahy, City Attorney Matt Cox, City Recorder Amy Sowa and members of the staff. 1. Budget Committee Interview. Budget Officer Bob Brew presented the staff report on this item. The Budget Committee has a vacancy in Ward 1 due to the December 31,2007 term expiration of Darnell Manning. Mr. Manning resigned the Budget Committee in April of2007, shortly before the fIrst meeting, and the position could not be refilled during the BudgetCommittee process. Mr. Manning served one term on the Committee and would be eligible to reapply; however he has not done so. The person appointed to the Ward 1 position will serve a three year term that will expire on December 31, 2010. No applications have currently been received for this position. The Budget Committee has a vacancy in Ward 2 due to the December 31,2007 term expiration of Mark Molina. Mr. Molina served one year to complete the remainder of Hillary Larson- Wylie's term. Mr. Molina is eligible to reapply for another term on the Committee. The person appointed to the Ward 2 position will serve a three year term that will expire on December 31, 2010. One. application has been received for this position. The Budget Committee has a vacancy in Ward 5 due to the resignation of Diana Garcia. The person appointed will serve the remainder of Ms. Garcia's term which will expire on December 31,2009. No applications have currently been received for this position. In response to the riews release dated October 19,2007 and a display ad in the Register-Guard dated November 6,2007, one application has been received for the Ward 2 opening. No applications for the other two available positions on the Budget Committee have been received. The Council is requested to interview one applicant for Ward 2 (Mr. Mark Molina). Budget Committee appointments are scheduled to be ratified at the Regular Session Meeting on December 3,2007. . Council discussed whether or not they needed to interview the candidate since he was an existing member. . City of Springfield Council Work Session Minutes. November 26, 2007 Page 2 . . Mayor Leiken said it had been protocol to interview the applicant for Budget Committee even when there was only one applicant. He felt it was especially important for Budget and Planning Commission;, even when it was a re:-appointment. Council discussed the questions they would like to ask of Mr. Molina.' The Mayor and Council interviewed Mr. Molina. Council consensus was to re~appoint Mr. Molina during the December 3 Council meeting. ADJOURNMENT The meeting was adjourned at 6:00 pm. Minutes Recorder - Amy Sowa Sidney W. Leiken . Mayor Attest: Amy Sowa City Recorder City of Springfield Special Regular Meeting MINUTES OF THE SPECIAL REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, NOVEMBER 26, 2007 The City of Springfield Council met in special regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, November 26, 2007 at 6:05 p.m., with Mayor, Leiken presiding. ATIENDANCE Present were Mayor Leiken and Councilors Lundberg, Wylie, Ballew, Ralston, Woodrow and Pishioneri. Also present were City Manager Gino Grimaldi, Assistant City Manager Jeff Towery, , City Attorney Joe Leahy, City Recorder Amy Sowa and members ofthe staff. PLEDGE OF ALLEGIANCE Mayor Leiken acknowledged a Boy Scout troop who was in the audience observing the Council . to earn a badge. The troop leader said they were from Boy Scout Troop 91, representing the Springfield First Ward and the Latter Day Saints (LDS) Church on Presidents Street. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR WOODROW TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST . 1. Ordinances ORDINANCE NO. 6209 - AN ORDINANCE RATIFYING THE CREATION OF THE REGIONAL FIBER OPTIC CONSORTIUM. AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE INTERGOVERNMENTAL AGREEMENT CREATING THE CONSORTIUM ON BEHALF OF THE CITY OF SPRINGFIELD. AND REPEALING ORDINANCES 5926 AND 5942. 2. Other Routine Matters ' a. Approve the Intergovernmental Agreement with the City of Eugene, Fire & EMS Department for Springfield to provide FireMed Ambulance Membership Program Administrative Services, with Eugene contributing $185,000 to the FireMed Program this . Fiscal Year. b. Authorize the City Manager to Sign the Contract with Ad Group in the Amount not to Exceed $330,000 for 2008 FireMed Advertising and Marketing Services. I BUSINESS FROM THE CITY ATTORNEY 1. General Election Report of Board of Canvassers and Proclamation. . City of Springfield Council Special RegularMeeting Minutes November 26,2007 Page 2 , ., . -. .." '. '. . ' . '- . City Attorney Joe Leahy presented the staff report on this item. The City Attorney has forwarded for City Council approval, the Report of Board of Canvassers and Proclamation for the November 6, 2007 General Election for the election of Ballot Measure 20-131. By law, Lane County Elections has 20 days from the date of the election to provide the certified election results to jurisdictions with measures on the ballot. The deadline date for those results is NovembeI' 26,2007. Lane County Elections notified the City that the results would be available on November. 26 for the City Recorder to pick up. The City Attorney's office will then prepare the Report of Board of Canvassers and Proclamation and will distribute those documents during the Regular Meeting of the City Council for their consideration. Mayor Leiken thanked Mr. Leahy and City Recorder Amy Sowa for their work on this. He commended Ms. Sowa for her work as City Recorder. , IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR . WOODROW TO APPROVE THE NOVEMBER 6, 2007 GENERAL REPORT OF BOARD OF CANVASSERS AND PROCLAMATION FOR THE ELECTION OF BALLOT MEASURE 20-131. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE 1. Fred Simmons. 312 South 52nd Place. Springfield. OR Mr. Simmons discussed the process , regarding the urban renewal district. He discussed the timing of the hearings and notices about the urban renewal district. He referred to a 1987 Court of Appeals case regarding a Portland Urban Renewal District. In that case, it was noted that urban renewal was a land use decision. If that was the case, the process by the City may be at fault. Hy would like an opportunity to sit down with the City Attorney to review that, without going to a judicial court. He asked the Council to allow him to raise those questions with Mr. Leahy. If it went to court, it would be a long battle for everyone. This was a very complicated issue and not something the City did every day, but he felt a review was needed. BUSINESS FROM THE CITY MANAGER 1. Downtown Urban Renewal Plan and Report. ORDINANCE NO. 6210 - AN ORDINANCE APPROVING THE SPRINGFIELD DOWNTOWN URBAN RENEW Ai PLAN AND REPORT AND ADOPTING A SEVERABILITY CLAUSE. .' Community Development Manager John Tamulonis presented the staff report on this item. On November 6,2007, the Springfield electorate authorized the City Council to allocate taxes to a downtown urban renewal district. Council conducted a public hearing on the Downtown Urban Renewal Plan and Report on November 19, 2007 and received testimony concerning the documents. Staff has responded with recommended revisions to the Plan and Report (see Attachment 4). Final action on the Downtown Urban Renewal Plan and Report at the November City of Springfield. Council Special Regular Meeting Minutes November 26, 2007 Page 3 .' 26 meeting will result in an effective date prior to December 3 i, 2007, the deadline for establishing the district as of January 1, 2008. ' At issue is whether the Downtown Urban Renewal Plan and Report should be adopted, adopted . with revisions, or rejected by the Council. On October 2, 2007, the Downtown Urban Renewal Plan was reviewed by the Plannmg Commission. The Planning Commission voted unanimously to recommend that the City Council approve the Downtown Urban Renewal Plan and Report with a minor text change describing how urban renewal would affect schools. Discussions with the affected taxing bodies, Lane County, , School District 19, Lane ESD, Willamalane Park and Recreation District and Lane Commurllty College were held. No affected taxing district has expressed opposition to the Plan or Report.. On November 19, 2007, the City Council conducted a public hearing on the Downtown Urban Renewal Plan and Report. Testimony was received from the public. In Attachment 2, staff has summarized these comments and added them to those received from earlier public meetings. Attachment 2 also contains recommended revisions to the Plan and Report that corresponds to Council discussion and direction received at the November 19lhemeeting. Attachment 1 is the adopting ordinance which follows the required contents and makes the required findings and determinations described in ORS 457.095. The ordinance includes Exhibit A (Downtown Urban Renewal Plan and Report) and Exhibit B (Staff Report). Exhibit Bprovides findings for Council review related to the requirements of ORS 457 for the establishment of an urban renewal district and for the contents of an urban renewal plan and report. Attachment 3 is the legal description of the proposed Downtown Urban Renewal Plan. The legal description does not include any necessary adjustments for Meadow Park and connecting right-of-way or for any reduction in the size of the boundary proposed in the September 15, 2007 Draft Downtown Urban Renewal Plan and Report. If Council changes the boundary, the legal description would be adjusted as such. Mr. Tamulonis distributed a document with some minor adjustments in the plan regarding spelling, grammar and other minor formatting changes. Council would be considering an ordinance adopting the Urban Renewal District Plan in Downtown. He referred to the ordinance which had the plan 'and staff reports as attachments and the boundary description from the September 15 Draft Plan which showed the boundary going out to 23rd Street. Mr. Tamulonis noted there were a number of suggested recommendations from the community and Planning Commission members. He referred to Attacmnent 2, page 1, which outlined those seven recommendations. The remainder of Attachment 2 included the changes as they would appear in the plan if Council chose to add them into the plan. He said staff recommended Council include recommendations number two and seven. He could provide additional information if Council had questions about the other recommendations. . Councilor Ballew asked who would appropriately add or remove projects from the list ill the plan. She asked if there should be some criteria to determine if items should be added or taken away, She asked if it was the Council's job or the Springfield Economic Development Agency's (SEDA) job. :." City of Springfield . Council Special Regular Meeting Minutes November 26, 2007 , Page 4 . Mr. Tamulonis said the Council could add or subtract items at this time. The list included suggestions from other taxing agencies. The list tried to keep opportunities open for the next twenty years. Determining factors whether to include certain projects could include the budget, advice from the advisory committee, priorities, and opportunities that could arise throughout the twenty years. Budgeting would be the limitation at this point. Staff recommended including as , many generic versions of plans to allow flexibility. . Councilor Ballew asked if decisions for any new projects after Council adopted this phm would be!llade by SEDA. , Mr. Leahy said that was correct. Council would be mterrelated because of the budget relationship . with SEDA. SEDA would receive recommendations from the Council and from other people as opportunities arose. Councilor Ballew asked if this would every come back to Council. .. Mr. Tamulonis referred to pages 21 and 22 in the Plan, which outlined the process for expanding the plan's boundary or funding beyond those in the adopted Plan. He discussed minor and major amendments and the process for each. Acquisition of property would need to come back to Council. He noted, however, that no property had been identified for acquisition at this time; Mr. Leahy said when talking to the consulting fIrm, it was noted that this was a fme line between. telling the voters what SEDA was going to do and doing it, and allowing voters to take economic opportunities when they arose. This Plan was not so detailed as to lock SEDA into anything, but provided as much information to the voters as possible. Councilor Ralston referred to the document distributed by Mr. Tamulonis with the scrivener's errors corrected. The description for 600 was listed as "DESCRIPTION OF PROJECTS TO BE UNDERTAKEN". He felt that should be changed to "DESCRIPTION OF PROJECTS THAT COULD BE UNDERTAKEN". Mr. Tamulonis said that description came out of the Oregon Revised Statute (ORS). The list was examples ofprojects to consider. He explained further. Councilor Ralston said he still felt it should be changed. He didn't want to be locked into projects we couldn't undertake. ' ' Mr. Tamulonis said that was an adjustment that could be made. Mr. Leahy said they had made some language changes throughout the plan based on recommendations from the consultant that addressed that issue. Mr. Tamulonis found reference in the recommended changes that referred to projects as 'examples' and as 'potential projects' and noted he would make the change in the description. Mr. Leahy referred to the description paragraph on page 14 of the plan, section 600, which stated that "SEDA may fund these activities in full, or in part, or seek other sources of funding for them". . City of Springfield .' Council Special Regular Meeting Minutes November 26,2007 Page 5 < " . . - > . ' , . "Councilor Ralston referred to Attacbment2-12, PLAN, page 23, 1200 RELOCATION. He asked where assistance for relocation would be coming from. . Mr. Tamulonis said it could be fromSEDA funds. It would depend on the primary source of funding for the project. The funding could be through SEDA, Community Development Block Grant (CDBG), Oregon Department of Transportation (ODOT), or a developer. ' . Mr. Leahy said relocation assistance was mandated by State and Federallaw. , Mayor Leiken said Councilor Ralston made a good point about the descnption of Section 600. He discussed the confusion to citizens when proj ects are listed that may not be done. It would be, important to determine how we would respond back to the public. The City and SEDA needed to hear from the public and the advisory committee about what they wanted for the downtown. A Library could be one project or even a Lane Community College (LCC) annex. The plan needed . 'to be flexible and open, but we needed to be careful how it was presented to the public. This is a twenty year plan and it would take time to determine what got done. The City needed to be patient and do it right, not set ourselves up for failure. The process part would be key. Councilor Ballew suggested changing the description of Section 600 to "DESCRIPTION OF POTENTIAL PROJECTS TO BE UNDERTAKEN. Mr. Leahy agreed that would be an appropriate change, leaving the original ORS language. Councilor Wylie asked if staff was asking Council to adopt or not adopt the amendments. Mr. Tamulonis said he could review the seven amendments. He discussed the request from Willamalane to include MeadowPark, which would amend the boundary slightly. That could be '. added by a minor amendment in the text in the tables. The dollar amount could remain the same since there was $IM under park improvements. It could also be amended later, but would require a vote because it would be considered a major amendment. Item 6 would also be a Willamalane Park and Recreation faciljty and would be included in the $IM for park improvements. Mr. Tamulonis discussed the other suggested changes. He discussed the Mill Race property and noted that although part of it was outside the city limits, part of the project could go into that area. Mayor Leiken asked if Council could revisit these at a later time. Mr. Tamulonis said all could be revisited at a later time, other than Revision 1, which would . require a vote. He recommended Council include Revisions 2 and 7 in the plan. . . '. ., . Mayor Leiken said he would like to revisit the Mill Race project at a later time to see how United Front came out. . Mr. Tamulonis said if it was in the plan, it gave more flexibility. He discussed Revisions 4 and 5. Most were relatively small changes, except the boundary changes in Revision ,I. . Councilor Pishioneri asked what the benefit would be of adding in the boundary at this time. Mr. Tamulonis said it would give them flexibility to do it as a project later without going to the voters, or they could choose not to do it at all. City of Springfield. ' , . ", . '.., Council Special Regular Meeting Minutes " November 26, 2007 . Page 6 Councilor Ballew said she didn't support the boundaries as shown and did not want to expand it. any further as was requested in Item 1. Councilor Ralston asked if this was a public hearing and if it was appropriate time for Council to . make comments. ' '. ' Mayor Leiken noted that the public hearing had already taken place on November 19. Now was an appropriate time to make comments. ' . - . . Councilor Wylie asked if staff recommended Council adopt all the changes or just certain. changes. . Mr. Tamulonis said staff recommended Council accept ~evisions 2 and 7, and Revision 3 would be helpful. He said it was up to Council whether or not to accept the others. Councilor Wylie confIrmed that it would be prudent to include these things, but it would in not obligate the City to do anything with the other items. Yes. Discussion was held regarding projects outside of the boundary and whether or not SEDA funds could be used for those projects. It.would depend on the size and cost in accordance with the plan~ . Councilor Pishioneri asked why the MeadowPark item wasinc1uded when COUlicil had al~eady decided to exclude it during a recent work session. Mr. Tamulonis said it came from discussions with the agency. If Council rejectedtheir proposal, he would send a formal letter to Willamalane acknowledging which projects were not accepted. He noted language in the ORS regarding Council officially accepting or rejecting proposals from affected agencies. He wanted to make sure the City met those ORS requirements. CounCilor Ralston said he had heard from a lot of constituents and those testifying at Council that supported the boundary ending at 14th Street. For any development to occur would take private .' ., money and SEDA would facilitate. Taxes forgone over the next twenty years would be nearly $15M. He referred to the current economy and the risk for a recession. He felt it was irresponsible to take that additional money from City services. He could support going out to 14th Street, but he could not support going the extra seven blocks to 23rd Street and taking revenue out of City services. He would be voting against the plan. He was under the impression that the boundary was still up for discussion: Councilor Woodrow noted that the boundary was voted on by Council with a 4 to 2 vote. Councilor Ralston noted that he had voted in opposition. . . Mayor Leiken said the information that went out to the public was for the boundary to extend to 23rd Street. The vote by the City was for that boundary. There were a lot of people that voted against it, but the majority voted in favor. Councilor Ralston said he would suggest including as much as possible since it was not obligating SEDAto anything. Willamalane had supported this district and would be losing tax City of Springfield Council Special Regular Meeting Minutes November 26, 2007. : Page 7 " . -. . ' .' . .... revenue. As a trade off, they had asked for MeadowPark to be added. in as a project. This would . be the time to include it and mak~ a fmal determination on whether or not to do anything later. Councilor Lundberg asked for Council input on each of the suggested changes. Revision l' - 4 no, 2 yes, 1 abstain . Revision 2 - 6 yes, 1 abstain Revision 3 - 6 yes, I abstain Revision 4 - 6 yes, 1 abstain . Revision 5 - 6 yes, 1 abstain Councilor Ballew asked about Revision 5. She asked about possible reduction in State funding to the schools and if SEDA would need to make up any loss and if it would affect outstanding bonds. Mr. Tamulonis it would be a matter of reconstructing the plan. The forgone statement noted "at this time" or "under current regulations". The adjustments at the State insured that urban renewal agencies that had bonds outstanding were protected. Mayor Leiken referred to Revision 6, the Memorial Building, and said he was not comfortable fixing up a: building that could be sold to a private owner. Mr. Tamulonis said SEDA could do a project with conditions on certain things defmed by the other agency. . . Councilor Ballew suggested that if the building was sold, Willamalane would have to repay SEDA's investment. Mayor Leiken said he could approve it if that language could be added. Mr. Tamulonjs said if those concerns were raised by the SEDA board, the project could go forward with a number of conditions related to any concerns. . Councilor Lundberg said she had spent a lot oftime in that building and the amount of repairs and upgrades needed were huge. She said it had no significant historical benefit. She felt it may be better to tear down the building rather than invest in upgrades. She would prefer SEDA look at . purchasing that property rather than upgrade it. Mayor Leiken suggested the City or SEDA consider buying the property from Willamalane. Revision 6 - no 6, 1 abstain Councilor Pishioneri noted that this did not mean SEDA couldn't consider doing this project at a later date. '. . Revision 7 - yes 6, 1 abstain Amendment to addthe word POTENTIAL to the description on Section 600 - yes 6, 1 abstain. '. City of Springfield ' . Council Special Regular Meeting Minutes November 26, 2007 Page 8 .' ,- IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR , . WOODROW TO ADOPT ORDINANCE NO. 6210 APPROVING THE SPRINGFIELD DOWNTOWN URBAN RENEWAL PLAN AND REPORT INCLUDING REVISIONS NUMBER 2, 3, 4,5, AND 7, MINOR CORRECTIONS TO TEXT AND FORMATTING . AND THE LEGAL DESCRIPTION FOR THE PLAN INCLUDING THE POTENTIAL , PROJECTS TO BE UNDERTAKEN, AND ADOPTING A SEVERABILITY CLAUSE. THE MOTION PASSED WITH A VOTE OF 5 FOR AND! AGAINST (Ralston). . . Mr. Grimaldi said it was staff's recommendation that staff spend some time with Mr. Simmons to address his concerns. .. . Mayor Leiken asked Mr. Grimaldi to provide a list oftime staff had already spent on Mr. . Simmons for his review. Mr. Grimaldi said he could gather that information for the Mayor. ' ADJOURNMENT The meeting was adjourned at 6:57 p.m. Minutes Recorder Amy Sowa Sidney W. Leiken Mayor, Attest: City Recorder