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HomeMy WebLinkAbout10/03/2016 Regular City of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY OCTOBER 3, 2016 The City of Springfield Council met in regular session in the Council Chambers,225 Fifth Street, Springfield, Oregon, on Monday, October 3, 2016 at 7:10 p.m.,with Mayor Lundberg presiding. ATTENDANCE Present were Mayor Lundberg and Councilors Wylie,Moore, Woodrow and Pishioneri. Also present were Acting City Manager Anette Spickard, City Attorney Mary Bridget Smith, City Recorder Amy Sowa and members of the staff. Councilors VanGordon and Ralston were absent(excused). PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lundberg. SPRINGFIELD UPBEAT 1. Mayor's Recognition a. Housing America Proclamation. Mayor Lundberg read from the proclamation. Ela Kubok and Jacob Fox from HACSA were present to receive the proclamation. 2. Other CONSENT CALENDAR 1. Claims 2. Minutes a. September 6,2016—Work Session 3. Resolutions a. RESOLUTION NO. 2016-25 —A RESOLUTION OF THE CITY OF SPRINGFIELD, OREGON,APPROVING AMENDMENT OF THE INTERGOVERNMENTAL AGREEMENT TO ADVANCE AND REPAY FUNDS FOR NEEDED URBAN RENEWAL PROJECTS. 4. Ordinances a. This item was pulled 5. Other Routine Matters City of Springfield Council Regular Meeting Minutes October 3,2016 Page 2 IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR WYLIE TO APPROVE THE CONSENT CALENDAR WITH ITEM 4.A REMOVED. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST(2 ABSENT–VANGORDON AND RALSTON). ITEMS REMOVED 4. Ordinances a. ORDINANCE NO. 1 –AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE SECTIONS 7.700, 7.706, 7.708, and 7.726 TO ADD DEFINITIONS AND CLARIFY DUTIES OF BOOKING AGENTS AND HOSTS OF SHORT TERM RENTAL LOCATIONS Councilor Moore said because she rents out part of her home as an Airbnb, she would be recusing herself and abstain from voting on this item. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR WYLIE TO APPROVE ITEM 4.A. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST(2–ABSENT–VANGORDON AND RALSTON; 1 ABSTAIN– MOORE; MAYOR VOTED). 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. 1. Proposed Text Amendment to Section 4.3-145, Table 4.3-1 of the Springfield Development Code. ORDINANCE NO. 1 –AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE SECTION 4.3-145—WIRELESS TELECOMMUNICATIONS SYSTEMS FACILITIES~ TABLE 4.3-1; ADOPTING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE(FIRST READING). Planner Andrew Limbird presented the staff report on this item. He introduced Mike Connors from Verizon Wireless. Because this amendment was applied for by Verizon,Mr. Connors would be presenting information to the Council. The application pertains to amending Table 4.3-1 of the Springfield Development Code to move public land and open space from the third tier to the second tier. He displayed a map showing land zoned as public land and open(PLO) space in Springfield. These areas include both publicly and privately owned lands. Staff has illustrated the proposed text amendment with the addition of public land and open space under low and moderate and stealth facilities. Staff is also recommending a footnote that the moderate visibility facilities in the public land and open space district would be allowable only within City limits. This proposal was presented during a public hearing before the Planning Commission on September. The Planning Commission voted unanimously to support the amendment. Mike Connors, 520 SE Yamhill,Portland, Oregon,was here on behalf of Verizon Wireless to present information on this item. Verizon is requesting a code amendment to change Table 4.3-1 to allow for moderate visibility wireless telecommunications systems (WTS)facilities in the public land and open space zone. Currently, it is in the third tier which only allows for low visibility and stealth facilities. The limitation with that is that low visibility and stealth visibility do not allow towers,but would only City of Springfield Council Regular Meeting Minutes October 3,2016 Page 3 allow collocating and antenna on existing tower or building. In cases where there is no tower,there is a lack of sufficient height for adequate coverage. Mr. Connor described moderate visibility. A moderate visibility facility allows for a tower,but the tower must be camouflaged to look like a tree, flag pole or light pole. This is becoming more common throughout Oregon and the country. By allowing moderate visibility facilities in the PLO zone,there are still a number of steps an applicant has to go through: Type 3 process requiring the applicant to demonstrate compliance with wireless code criteria, site plan and discretionary use review; prove there is a need for the facility; show that colocation is not available; show it is the least intrusive site; and must be camouflaged. Mr. Connor said Verizon is proposing this amendment for several reasons. They have an immediate need to fill a particular coverage and capacity need in the City of Springfield. There is a lack of other properties which are predominantly industrial and commercial to provide coverage throughout the City. PLO site properties are good candidates for a tower. Finally, it is fairly typical for other jurisdictions to allow these kinds of facilities in public lands. Mr. Connor noted the large increase in number of users and types of use for wireless devices, creating both a need for coverage in particular areas as well as capacity. Many people are using wireless as their primary form of communication and eliminating their land lines. There is also more data usage. These factors overwhelm existing facilities, creating a need for new facilities to be brought online to offload those systems to prevent dropped calls and interruptions. The site Verizon is considering is Vitus Butte. He referred to a map showing existing coverage and coverage if they were to locate a tower at that site. The Vitus Butte site is zoned PLO,has a higher elevation, has an existing water tower and other utilities, and numerous trees for screening.He noted a picture of camouflage towers that look like trees, and a photo showing what a tower would look like on this site. If Council approved the code amendment,that would initiate an application process that Verizon would be required to go through. Mr. Connor said the other reason they are proposing a code amendment is the lack of alternative sites that allow a new tower with moderate visibility. Existing towers and building for colocation are not always located in the appropriate area or at a sufficient height. In the area they are considering,the proposed site is PLO and the rest of the area is residential. He referred to a map showing sites that would allow for moderate or high visibility towers,and also PLO zones. The industrial and commercial sites are concentrated in certain areas of the City, but the PLO zones are more distributed throughout the City.Adopting the amendment would allow a wider distribution of properties for camouflaged facilities. Mr. Connor said the PLO zones are good candidates for these types of facilities. They are spread throughout the City, are generally larger properties with great setbacks,many have large trees and vegetation for screening, and many have existing utility uses. The City does have existing WTS Towers in PLO zones that were approved prior to the current code and are high visibility. He noted some of those locations. Other cities that allow moderate facilities in PLO zones are Bend, Roseburg, Medford, Lebanon,Florence and Portland. Verizon demonstrated compliance with the amendment criteria in their application. Staff concurred the code amendment satisfies those criteria.Verizon requests the Council accept the Planning Commission's unanimous recommendation for approval to approve the code amendment. City of Springfield Council Regular Meeting Minutes October 3,2016 Page 4 Councilor Pishioneri said he didn't see information on search rings and if they have a map showing their sites as well as those of competitors to see what type of overlay is occurring. He is concerned other carriers will want to do the same and increase the number of towers. Mr. Connor said he didn't provide search rings at this time because this was not the application for this particular site,but rather for the code amendment. If they did apply for this site,they would perform search ring area studies to look at all options. When they present that information to the City,they would not be able to present search rings for other carriers as they don't have access to other carriers search rings or their needs.As part of the application process, every carrier would have to show they had looked into colocation.By federal law, if there are other towers by other carriers in the needed area,they would have to collocate at that site. Part of the analysis is looking for colocation options. There is an incentive for a carrier to find a collocate option as it is much cheaper than building a new tower and is an easier process. Councilor Pishioneri asked what type of capacity the proposed tower would have for colocation. Mr. Connor said it would allow 2 additional colocations by code. Councilor Pishioneri said the proposed tower is 120 feet. He asked about the average height of the other trees in area. Mr. Connors said the tower would be taller than the surrounding trees,but not by much(perhaps 10-20 feet). For the tower to work, it needs to extend beyond trees. They use the minimum height that would provide coverage. Councilor Moore referred to the last time Council discussed a cell tower located near the Relief Nursery. There were people that were upset, but the Council could not prevent the tower from going in because the Code allowed the use. That is a concern for her in opening up public land and open space. She would like to look at the restrictions to be reminded of current code and the proposed amendment Mr. Limbird said the Relief Nursery was zoned commercial and the adjoining property was also zoned commercial. Because of that,there wasn't a provision in the Code to make it separated by the height of facility. This proposed site does abut residential and would have to be set back at least 120 feet(the height of the tower)from residential per Code. Councilor Moore said she is concerned they will end up in a similar situation. She is interested in the far ranging consequences with the proposed amendment. Mr. Limbird said it depends on the zoning of the adjoining property regarding setbacks. During the discretionary use proceedings of the Development Code,the applicant would have to demonstrate that the tower is appropriately sited within the property in regards to setbacks and screening. At the minimum, it would have to go to a public hearing before the Planning Commission. If it is something that interests the City Council, it would come back to them as well. The Council would have advance notice of any forthcoming applications. Councilor Moore said she is not concerned with the application process,but if they change the Code it makes it more open. She wants to see the Code regarding the second tier. Mr. Limbird said by introducing the moderate visibility option for PLO,a public hearing would be held for a Type 3 Discretionary Use. The Code provisions are fairly stringent and onerous than other City of Springfield Council Regular Meeting Minutes October 3,2016 Page 5 communities.The City considers a moderate facility as camouflaged,which still requires demonstration of appropriate siting, etc. Staff feels there are still rigorous steps to follow for applicants. Councilor Pishioneri asked if this is an opportunity to look at tower height setbacks for PLO properties, perhaps twice the height. He noted Jesse Maine Park which was a smaller neighborhood park, and asked what would stop someone from placing a pole at that location. Mr. Limbird said this amendment would allow the tower to be located at that location with the required setback. The property owner's interest in siting or not siting would be taken into consideration. Willamalane would be the property owner. Councilor Pishioneri said last time(Relief Nursery),they had to move it forward because they had to follow Code,but it was very uncomfortable. Maybe they should anticipate the next request. Mr. Limbird said that is correct and this could have far reaching implications. The application and request is only to amend the table. They are not proposing any other dimensional criteria be amended. Mayor Lundberg asked if the Council could get more information about modifying the criteria, looking at federal regulations, etc.This is just a first reading so she asked if it could still be changed. After further discussion, it was decided that the Council would hold the public hearing, leave the record open until October 10 to allow the applicant to provide additional information, and have the 2nd reading of the ordinance on October 17 as scheduled. Some of the information requested by the Council included possible implications of the code amendments throughout the City, and what PLO sites would still be eligible if the setback requirement was changed to 2 or 3 times the height of the tower. Council could then decide if they want to approve the proposed amendments. Following that meeting,the Council may ask staff to bring information to them regarding the code regarding WTS in general, including the criteria for each tier. Mayor Lundberg said the Relief Nursery issue happened because people weren't talking with each other. She would appreciate that all of the ground work get taken care of by the applicant, property owner and nearby properties before coming to Council. Mayor Lundberg opened the public hearing. No one appeared to speak. Mayor Lundberg closed the public hearing. Ms. Smith said on October 17,the Council could decide if they wanted to adopt or not,and then provide direction to staff regarding the Code. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR WYLIE TO LEAVE THE RECORD OPEN UNTIL OCTOBER 17,2016.THE MOTION PASSED WITH AVOTE OF 4 FOR AND 0 AGAINST. No action requested. First reading only. City of Springfield Council Regular Meeting Minutes October 3,2016 Page 6 BUSINESS FROM THE AUDIENCE 1. Kristine Fuller, Springfield, OR. Ms. Fuller said she has been a resident of Springfield for 10 years and is speaking on behalf of the Library Advisory Board. She shared some of the highlights from the many summer activities held at the Springfield Library. The Summer Reading Program was very successful that engaged nearly 3000 children and adults with activities that kept them reading, laughing and thinking. This represented a 19% increase over last year's participation. In the past three years,they have seen Summer Reading participation increase by 1000 children.As a mother of four school-aged children, she appreciates a Library that encourages summer reading and rewards their efforts. As school began,thanks to a $27,000 grant from the Institute of Museums and Libraries,the Library was able to offer library cards to every child enrolled in the Springfield Public Schools, even if they live outside city limits. This affects over 700 Springfield children. Thanks to two grants,the Library is conducting a future needs assessment and is inviting the entire community to join in setting a new direction for the Library based on what the community tells us. She invited the Council to invite them on Thursday, October 13 from 6:00-8:OOpm, or Friday, October 14 from 2:00- 4:00pm. She thanked the Council for their service. 2. Rouanna Garden, Springfield, OR Ms. Garden spoke regarding Indigenous People's Day and asked if the Council knew what it was. They acknowledged they did. She said the general population had been listening to 'his' story for over 200 years and she felt it was time to listen to 'our' story, all the people's stories. 3. Dawn Malliett, Springfield, OR Ms. Malliett said she runs the Chifin Native Youth Center and the Springfield Indian Education Program. It is so important to our future leaders that they feel safe and respected. Our native students feel invisible in the schools and in the community. Taking time to honor the original people of the land, like Kalapuyan people and other Native Americans will create celebration and honor for all Springfield residents. Students and community members will feel proud and connected if Springfield leaders recognize Indigenous People's Day. 4. Ada Ball, Springfield, OR Ms. Ball said she is a volunteer at the Chifin Native Youth Center. She was here to ask the Council to take this request seriously and make a decision soon. She referred to the correspondence from the coalition of Italian Americans who align with Indigenous peoples of Americas to oppose myths of Columbus that continue. She discussed her meeting with Mayor Lundberg where she shared information about her chin tattoo, and what that means to her culturally. It is going to take people who are non-native and perhaps confused about Indigenous People's Day, getting uncomfortable to move forward with this. She challenged them to rise to those uncomfortable feelings as she did when sharing with the Mayor. Indigenous People's Day is a celebration of survival. She wants them to think about why they would honor the harmful myths of Columbus. The continent was already full of thriving people with complex cultures and languages. These myths of Columbus continue the violence against women. She works at a non-profit where they help people who are escaping domestic violence. This violence is promoted through this holiday. We need to ask why we want to uphold Columbus when instead we could come together as a collective community to share and learn about each other. She asked them to support Indigenous People's Day. 5. Shane Martin, Springfield,OR Mr. Martin said he has been a member of this community for over 50 years, is a tribal member and involved in the community. One of the most difficult City of Springfield Council Regular Meeting Minutes October 3,2016 Page 7 things the Council and community members are tasked with is making the community whole, which is difficult because we have such a diverse community. It is a delicate balance. One thing we have to do to make our community is to heal,not just one part of our community,but all parts together and then bond as community and as a family. We need to honor all aspects of the community. Part of that is to allow each group to have their day of honor. They are asking, as Indigenous People, for that honor. They are not asking that they discount any of the other great things that made this community thrive, but are asking that they give their attention to giving the Indigenous People recognition. The fourth Council goal is to"Foster an Environment that Values Diversity and Inclusion". As Indigenous People, and a tribal member of this area, he asks that they give time and attention to that inclusion of his people. 6. Leilani Sabzalian, Springfield ,OR Ms. Sabzalian realizes their proposal to recognize Indigenous People's Day may feel new for the Council and she respects that they have processes,but this initiative has been going on since the 1970's and has been fueled by over 500 years of injustice and oppression. She is struck with the pressure of how to communicate their message,which is how to communicate their humanity and worth. She wanted to let them know how it feels to be ignored by society and schools and feel invisible,visible only when it is convenient for a singer or dancer, during Halloween, or when schools want native mascots. It hurts to hear her children tell her about the explorers they learn about in school and nothing about the Indigenous Peoples of this place. Their name for themselves is , which means the real people. It is hard to feel like a real person when all that circulates in society are caricatures about you. This is a small ethical gesture that the City could make given the long standing history of colonization in this country. It is not enough to not celebrate Columbus Day,but the City should proactively recognize Indigenous Peoples. If a woman were a survivor of domestic or sexual violence, few people would say that the appropriate response would be"let's just not celebrate the perpetrator or abuse". Instead restorative measures would be taken. Support would be offered the survivor, commitments would be made for prevention and education, and a stance would be taken that this was not okay and would not be tolerated. That is what they are asking for as a community. She doesn't like being in a position to ask to recognize her or Indigenous People of this community, and to ask to be seen as a real person and reflected in the City's celebrations. She read from Article 15 of the United Nations Declarations of the Rights of Indigenous People, "Indigenous Peoples have the right to dignity and diversity of our cultures,traditions,histories and aspirations which shall be appropriately reflected in education and public information". For her children and the native youth in this community, she wants them to be feel dignity, self-worth,respect, safety and cultural pride. 7. Mariam Malcomb, Eugene, OR Ms. Malcomb said she has worked in Springfield since 1997 and loves the community. She spoke in support of a declaration of Indigenous Peoples Day. It is something happening increasingly across the United States. Columbus kept a log book and soon after he arrived,he noted in his log book that the native people he encountered had strong bodies and would make good servants. He added, "with 50 men,we could subjugate them all and make them do whatever we want". She is sure that is not the attitude that anyone here thinks should be celebrated. She is very glad that Oregon is one of the few states that does not officially recognize Columbus Day. It is puzzling why people are attached to Columbus Day because he never showed up in any part of what is now the United States of America, especially the west coast. When people from Europe arrived,the native people had been living in balance with the land longer than anyone can remember. It is time to honor that and the fact that in spite of everything that happened,they are still here. That incredible capacity for resilience is a capacity that all of us should honor. We still have something to City of Springfield Council Regular Meeting Minutes October 3,2016 Page 8 learn from the native people of this land. She referred to the situation at Standing Rock and what we can learn from the native people and taking care of our land. 8. Sarita Lief, Springfield, OR Ms. Lief said she strongly supports all that has been said. How often do you as Springfield Council have an opportunity to be on leading edge of history to do something totally local,but at the same time having a national effect,at no monetary cost? They could be role models to Springfield's youth and inspire them to follow their path to civic responsibility,to be courageous,to right a historic wrong, and to exemplify all the community value Springfield holds dear. They could do that in a simple manner, but it would be historical. 9. Phil Carrasco,Eugene, OR. Mr. Carrasco said he lives in Eugene,but graduated from Thurston High School and he still has family that lives here. He spoke for the official celebration of Indigenous People's Day. Oregon doesn't celebrate Columbus Day,but if we don't adopt Indigenous People's Day we are not confronting through reparations the historical and horrible legacy left by this person. While some folks refer to Columbus Day as a celebration of the cultural exchange between the Americas and Europe, we have to be honest that this exchange was anything but neutral. The hostile takeover by Columbus and his European backers decimated the Indigenous Peoples of this land mass. Columbus Day is one of America's oldest holidays which is befitting of a country that in the 21st century still cannot rid itself of the idea that certain peoples are to be dominated. Back then,this was achieved through appropriation of resources, slavery and now in the 21st century through biased enforcement of laws, private prison systems and economic means such as the Dakota access pipeline. The United States has long admired Columbus and has more monuments to him than any other nation, which is why it is imperative that the Council lead today. Lead in a way that the youth in the Springfield School District feel validated and that their existence and roots to his land matters. Indigenous People should be celebrated on the second Monday of October, and they would like the City to partner with them celebrating those sacred roots to this land, and ensure Columbus Day fades away and is spoke of as a racist and shameful legacy. To not accept these facts and not act, is to once again use their inherited privilege to allow the story of Columbus to dominate them and the truth about their ancestors horrific encounter with Europeans. COUNCIL RESPONSE Mayor Lundberg said the City's Diversity Committee would be meeting with Leilani Sabzalian on October 6. She said she is more than happy to come to speak to the students. She thanked them for their patience in this process. CORRESPONDENCE AND PETITIONS 1. Correspondence from Francis Schiraldi, Order Sons of Italy in America,Eugene/Springfield Regarding Renaming Columbus Day to Indigenous Peoples Day. IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR RALSTON TO ACCEPT CORRESPONDENCE FOR FILING. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST(2 ABSENT—VANGORDON AND RALSTON). BIDS City of Springfield Council Regular Meeting Minutes October 3,2016 Page 9 ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Arts Commission Applicant Appointments. Librarian Thea Hart presented the staff report on this item. In response to a press release in July 2016,the Arts Commission received six applications for two vacancies. The Arts Commission interviewed five applicants during its September 13, 2016 meeting.Applicant Robert Green did not attend the meeting. Council Operating Policies state in Section IX, Subsection 1.3) Springfield's boards, commissions, committees,and task forces bring together citizen viewpoints which might not otherwise be heard. Persons of wide-ranging interests who want to participate in public service but not compete for public office may choose to be involved in advisory boards, commissions, committees and task forces instead. They also help fulfill the goals of the City's adopted Citizen Involvement Program to have an informed and involved citizenry. The City Council interviewed two candidates during the September 26,2016 work session. The Arts Commission requests that the Council formally ratify the appointments during tonight's Regular Meeting IT WAS MOVED BY COUNCILOR WOODROW WITH A SECOND BY COUNCILOR WYLIE TO APPOINT JODIE DAVAZ AND ANDREW DRAKE TO THE ARTS COMMISSION WITH PARTIAL TERMS EXPIRING DECEMBER 31,2018.THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST (2 ABSENT— VANGORDON AND RALSTON). b. Business from the Council 1. Councilor Moore said she attended the League of Oregon Cities(LOC)Conference. She will get a report from some of the sessions to the Council. 2. Councilor Wylie said she also attended the LOC Conference and met with the transportation folks from the State who spoke regarding the legislative package for transportation for the 2017 session. Those legislators there included Betsy Johnson,Lee Beyer and John Lively. She spoke out about how badly the City needs support for fixing and building roads, and that it is very difficult for cities to raise those funds. The City is looking to the State to be supportive of cities. She said cities need to work hard with them and write to other legislatures asking for support of transportation issues. She also visited with the Mayor of Salem. 3. Mayor Lundberg said she would be going to Portland on Friday. Department of Commerce Secretary Penny Pritzker will be there and she hopes to speak to her about cross laminated timber(CLT)and the work we are doing on the Pacific Northwest Manufacturing Partnership(PNMP). In the next couple of weeks, she and Economic Development Manager Courtney Griesel will be going to Chicago to present at the AARP Conference on manufactured homes. She thanked Ms. Griesel for all of her hard work on City of Springfield Council Regular Meeting Minutes October 3,2016 Page 10 the manufactured home parks tool kit,which will now be in place if a park closes.A number of partners worked together on this, but Ms. Griesel did all of the hard work. Springfield is being recognized nationally more and more for our work with manufactured home communities and the tool kit that can be replicated in other communities. She and Ms. Griesel will present that information in Chicago and will then go to Washington DC to discuss CLT with federal agency partners. 4. Councilor Woodrow said the City is continuing with safety measures on Main Street. A pedestrian crossing is almost done and several turn lanes are being installed. 5. Councilor Moore applauded Community Relations Manager Niel Laudati and Ms. Griesel for their work in getting the flame installed in Gateway. Mayor Lundberg said they had been working on that flame for many years. She also wanted to thank Representative Lee Beyer for his part in making that happen. BUSINESS FROM THE CITY MANAGER BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned 8:26 p.m. Minutes Recorder Amy Sowa Litt , ,/l 1/2p Council President Attest: / City Recer