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HomeMy WebLinkAbout10/17/2016 Regular City of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY OCTOBER 17,2016 The City of Springfield Council met in regular session in the Council Chambers, 225 Fifth Street, Springfield,Oregon, on Monday October 17,2016 at 7:00 p.m.,with Council President Woodrow presiding. ATTENDANCE Present were Council President Woodrow and Councilors VanGord.on,Wylie,Moore, Ralston and Pishioneri. Also present were City Manager Gino Grimaldi,City Attorney Mary Bridget Smith,City Recorder Amy Sowa and members of the staff. Mayor Lundberg was absent(excused). PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council President Woodrow. SPRINGFIELD UPBEAT CONSENT CALENDAR 1. Claims a, Approval of the September,2016,Disbursements for Approval. 2. Minutes a. September 6,2016—Regular Meeting b. September 12,2016—Joint Elected Officials Work Session c. September 12,2016—Joint Elected Officials Public Hearing d. September 19,2016—Work Session e. October 3, 2016—Regular Meeting 3. Resolutions a. RESOLUTION NO. 2016-26—A RESOLUTION TO ACCEPT CITY PROJECT P21063 GLENWOOD CONNECTOR PATH EXTENSION. b. RESOLUTION NO. 2016-27—A RESOLUTION TO ACCEPT CITY PROJECT P21093• GATEWAY PAVEMENT PRESERVATION 4. Ordinances a. This item was removed from the Consent Calendar City of Springfield Council Regular Meeting Minutes October 17,2016 Page 2 b. ORDINANCE NO. 6358-AN ORDINANCE AMENDING CHAPTER 2 "GOVERNMENT AND ADMINISTRATION"SECTION 2.340"RECORDS RETENTION SCHEDULE"OF THE SPRINGFIELD MUNICIPAL CODE(SMC).TO MATCH UPDATED OREGON ADMINISTRATIVE RULES AND UPDATING THE DEFINITION OF CITY RECORDS. 5. Other Routine Matters a. Approval of the Brand Name Specification Exemption Request for Street Light Poles,LED Retrofit Kits,Cobra Head LED Fixtures,Decorative LED Fixtures,Powder Coating and Photo Electric Controls Authorizing Brand Name Merchandise to be Specified in Future Street Lighting Projects. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR PISHIONERI TO APPROVE THE CONSENT CALENDAR WITH ITEM 4.A.REMOVED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. ITEMS REMOVED 4. Ordinances a. ORDINANCE NO. 6357-AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE SECTIONS 7.700 7.70& 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 Airbnd,she would recuse herself and not be voting on this item. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR PISHIONERI TO APPROVE ITEM 4.A.THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST AND I ABSTENTION(MOORE) PUBLIC 1MARINGS -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. i. Amendment of Springfield Development Code Standards, Section 5.15 Minimum Development Standards, Specifically Sections 5.15-100-Purpose and 5.15-110-Applicability;Expanding the Size and Type of Development Projects Eligible for Ministerial Processing in the City of Springfield, Case TYP416-00002. ORDINANCE NO.3 -AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE SECTION 5.15 MINIMUM DEVELOPMENT STANDARDS SPECIFICALLY SECTIONS 5.15-100-PURPOSE-AM-1.11-110-APPLICABILITY- EXPANDING THE LOCATION SIZE AND TYPE OF DEVELOPMENT PROJECTS ELIGIBLE FOR MINISTERIAL PROCESSING• ADOPTING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Jim Donovan,Planning Supervisor,presented the staff report on this item. City of Springfield Council Regular Meeting Minutes October 17,2016 Page 3 Shall the City of Springfield amend Minimum Development Standards, Springfield Development Code Section 5.15-105(D)to enlarge the sites eligible for consideration under MDS standards from 25,000 square feet to 50,000 square feet of new impervious or gross floor area; and expand the Applicability standards at Section 5.15-110(A)(3)(a-d)to include all Commercial,Industrial,Medium and High Density Residential Zoning Districts in the list of zones where qualifying projects may submit for MDS review procedures. The Director of Development and Public Works initiates this request pursuant to City Council's direction to assist the Development Advisory Committee(DAC)and bring forth Development Code revisions recommended by the DAC to improve the efficiency, and thereby the competitiveness,of Springfield's development review procedures.After consideration of ministerial and quasi-judicial review procedures in the course of their work the DAC recommends the attached code revisions for Planning Commission and City Council review and consideration. Specifically,the proposed Development Code text amendments would double the size of development sites eligible for consideration under the MDS standards and expand the Applicability standards at Section 5.15-110(A)(3)(a-d)to include all Commercial, Industrial, Medium and High Density Residential Zoning Districts in the list of zones where qualifying projects may submit for ministerial review procedures. If the proposed Development Code text amendments are adopted, developers may request to submit developments approximately one acre in size under ministerial review procedures. The Springfield Planning Commission reviewed the proposed amendments, conducted a public hearing and forwarded a unanimous recommendation of approval on September 20 2016. The Staff Report and Planning Commission recommendation address the Criteria of Approval for Amendments of the Springfield Development Code and Staff's recommendation of approval. Staff recommends the City Council conduct a public hearing and consider any testimony received along with the proposed changes,the Staff Report,the Planning Commission Order and Recommendation in reaching a decision to approve, approve with revisions or deny the proposed amendments. A draft Ordinance is attached for Council consideration. Councilor President Woodrow opened the public hearing. No one appeared to spear. Councilor President Woodrow closed the public hearing. NO ACTION REQUESTED.FIRST READING ONLY. 2. Supplemental Budget Resolution. RESOLUTION NO. 2016-28—A RESOLUTION ADJUSTING RESOURCES AND REQUIREMENTS IN THE FOLLOWING FUNDS: GENERAL STREET SPECIAL REVENUE TRANSIENT ROOM TAX COMMUNITY DEVELOPMENT.BUILDING CODE FIRM LOCAL OPTION LEVY POLICE LOCAL OPTION LEVY BANCROFT REDEMPTION BOND SINKING REGIONAL WASTEWATER REVENUE BOND CAPITAL PROJECT DEVELOPMENT ASSESSMENT CAPITAL DEVELOPMENT PROJECTS REGIONAL WASTEWATER CAPITAL STREET CAPITAL SANITARY SEWER OPERATIONS REGIONAL WASTEWATER—AMBULANCE, STORM DRAINAGE City of Springfield Council Regular Meeting Minutes October 17,2016 Page 4 OPERATIONS STORM DRAINAGE OPERATIONS STORM DRAINAGE OPERATIONS STORM DRAINAGE OPERATIONS STORM DRAINAGE OPERATIONS BOOTH-KELLY REGIONAL FIBER CONSORTIUM INSURANCE VEHICLE&E UIPMENT AND SDC ADMINISTRATION FUNDS. Budget Officer Paula Davis presented the staff report.At various times during the fiscal year,the Council is requested to adjust the annual budget to reflect needed changes in planned activities,to recognize new revenues,or to make other required changes. These adjustments to resources and requirements change the current budget and are processed through supplemental budget requests scheduled by the Finance Department on an annual basis. This is the first of three scheduled FY 17 supplemental budget requests to come before Council. The supplemental budget being presented includes adjusting resources and requirements in General, Street, Special Revenue,Transient Room Tax,Community Development,Building Code, Fire Local Option Levy,Police Local Option Levy,Bancroft Redemption, Bond Sinking, Regional Wastewater Revenue Bond Capital Project,Development Assessment Capital,Development Projects, Regional Wastewater Capital., Street Capital,Sanitary Sewer Operations,Regional Wastewater,Ambulance, Storm Drainage Operations, Storm Drainage Operations, Storm Drainage Operations, Storm Drainage Operations, Storm Drainage Operations,Booth-Kelly,Regional Fiber Consortium,Insurance,Vehicle& Equipment, and SDC Administration funds. The City Council is asked to approve the attached Supplemental Budget Resolution. The overall financial impact of the Supplemental Budget Resolution is to increase capital projects by $2,586,953 and the unappropriated ending fund balance by$31,373. These effects are offset by beginning cash adjustments of$11,684,061, reserve increases of$10,730,115,revenue erratum.of $360,989,decreases in operating expenditures of$1,914,570,and decreases in interfund transfers of $57,088. Ms.Davis said changes to the budget included in this request fall into three general categories: reallocation of existing resources, re-appropriations or carryovers, and new appropriation requests. Reallocations move existing approved budget authority between funds or between departments. These adjustments can include reallocating reserves within a fund and beginning cash adjustments.Re- appropriations or carryovers represent money that was committed by contract in the previous year but the contracted work was not completed within the fiscal year. The prior year's remaining budget amount needs to be appropriated into this year's budget to allow final payments to be made in the current year. Re-appropriations also may include money for capital projects that were planned but not completed in the prior year.The projects are still scheduled and funds are being carried forward to the current year's budget. Ms.Davis reviewed the changes being presented in the supplemental budget. Councilor VanGordon asked what GEMT stood for. Fire Chief Zaludek said it stands for Ground Emergency Medical Transport,which is Medicaid assistance to fire crews that are preparing patients for transport in an ambulance. Oregon just signed the law in March to allow the fire service to bill for work done prior to transportation in an ambulance, similar to Washington.and California. Consultants walked the process through this at the legislative City of Springfield Council Regular Meeting Minutes October 17,2016 Page 5 level.This first legislation gives them the ability to participate at a small level and then help with the rule writing next year.Rules will be written by this time next year and will be retro to July 2017. Ms.Davis continued with review of the new requests. Councilor Pishioneri asked about an expense for Fire Station#5. Ms. Davis said it was for general maintenance throughout the building and in the landscaping. Mr. Grimaldi said it is for things that are worn out. The station is about 16 years old. Council President Woodrow opened the public hearing. No one appeared to speak. Council President Woodrow closed the public hearing. IT WAS MOVED By COUNCILOR WYLIE WITH A SECOND BY COUNCILOR PISHIONERI TO ADOPT RESOLUTION NO.2016-28. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS BIDS 1. Downtown Lights Phase 2 Authority to Award Bid. Brian Barnett,Traffic Engineer,presented the staff report on this item. Staff requests Council authorization for the City Manager to award the bid for project P21102 Downtown Lighting---Phase 2 to the lowest responsive,responsible bidder upon expiration of the bidders' protest period. This Downtown Lighting project is the second phase of the downtown lighting improvements effort that began with Phase 1 in January 2015. This second phase consists of the installation of pedestrian level street lighting on Main Street between approximately Mill Street and 8d' Street,with the possible expansion to 10 Street dependent on the costs associated with the bids received. Staff estimates the cost of this project to be between $375,000 and$425,000 if all aspects of the project are awarded. The bids for the subject project are scheduled to be opened on October 13, 2016, so the lowest responsive bidder and the amount of the requested bid award is unknown. In an effort to maintain the current project schedule staff is requesting that Council authorize the City Manager to award the bid to the lowest,responsible bidder once it has been determined. City of Springfield Council Regular Meeting Minutes October 17,2016 Page 6 The Municipal Code sets administrative limits on the City Manager's signature authority to award bids where cost exceeds certain limits imposed by the Code except in certain cases of City Council approval. For this project to proceed at an accelerated pace,the Council may choose to authorize the City Manager to award this bid. If Council moves to authorize the City Manager to award the bid subject to normal bidders' protest procedures the bid award could be approved by the City Manager on October 21, 2016 and start the process for ordering materials. In the alternative if Council elects to award on the ordinary schedule, bid award would be requested at the November 21, 2016 Council Meeting delaying the ordering of materials.Materials ordered late in October or in early November are likely to be delivered by the end of December since manufacturers are motivated to meet sales goals by year end. The reduction in time from bid opening to bid award is valuable to achieving the goal of beginning in-street construction in early January. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR PISHIONERI TO AUTHORIZE THE CITY MANAGER TO AWARD THE BID FOR PROJECT P21102 DOWNTOWN LIGHTING—PHASE 2. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. ORDINANCES 1. Proposed Text Amendment to Section 43-145,Table 4.3-1 of the Springfield Development Code. Greg Mott,Planning Manager, presented the staff report on this item. The applicant has submitted a request for a Development Code text amendment to expand the type of WTS facilities allowable within the PLO District. The requested text amendment proposes to add the Public Land and Open Space District to the list of zoning districts where stealth, low visibility, and moderate visibility WTS facilities are allowable. The proposed Development Code text amendment would expand the provisions for WTS facilities within the PLO District. Currently,only stealth and low visibility WTS facilities are allowable within PLO zoned properties. The requested amendment affects Section 4.3-145,Table 4.3-1 of the SDC and would move the PLO District from the third(bottom)tier to the second(middle)tier of zoning districts listed in Table 4.3-1. A footnote also would be added to Table 4.3-1 specifying that the provisions for moderate visibility WTS facilities within the PLO District are limited to properties within the City limits only. The applicant is requesting the expanded list of WTS facilities allowable within the PLO District because these properties are usually adjacent to residentially-zoned land and are well-distributed throughout the city. A map showing the location of PLO zoned properties within the city has been provided for context. If the Development Code text amendment is adopted,moderate visibility WTS facilities proposed within the PLO District would be subject to standard Type III Discretionary Use and Site Plan Review proceedings in accordance with SDC 4.3-145.11. The height of WTS facilities in the PLO District would be limited to 150 feet high,or not greater than the horizontal distance between the base of the tower and the nearest residential district,whichever is less. ctober 3,2016,the City Council requested additional information At the public hearing meeting on O on the potential effects of the requested text amendment, including increased development setbacks City of Springfield Council Regular Meeting Minutes October 17,2016 Page 7 and distribution of potentially eligible sites relative to residential land uses. The City Council voted to keep the public hearing record open until October 10 for submittal of additional information. The applicant has provided an evaluation of development setbacks and the Discretionary Use review and approval process. Staff has reviewed and concurs with the applicant's summary of the Discretionary Use process that serves to regulate the location and design of moderate visibility WTS facilities within the city. During the open record period a written comment was submitted by Robert Drake. Mr.Mott referred to maps provided to the Council.He noted that Code required a 2000 foot separation between cell towers.There is an exemption to that,but it requires a significant amount of data and justification. Councilor Ralston said the map shows two cell towers within that distance so there must be ways for them to locate closer than 2000 feet.He asked.if that was being prohibited, or allowed under certain circumstances. Mr.Mott said when those went in the City didn't have an ordinance requiring a 2000 foot separation. Council subsequently adopted that standard, although there are exemptions which may allow them to be closer.The objective in preparing the map was to show the sites where the moderate visibility tower could be located.By virtue of some of the existing poles, some of those sites would be eligible and some would not.Under normal circumstances,the City doesn't see a lot of property rezoned PLO. Councilor Pishioneri noted the locations on the map zoned PLO in which they could request siting a pole. He is fine moving forward with this particular request,but wants to look at the Code in terms of distance of towers from boundaries. He wants to look at that limitation as he has concerns about placing those towers in some of the PLO's in the City with only the height of the tower as a setback. He would like to look at doubling the setback,which would minimize the number of towers allowed on PLO sites. Mr.Mott said maximum height of towers is currently 150 feet. Councilor Pishioneri said the setback issue is not applicable for this location,but looking at other sites it may be pertinent. Councilor VanGordon said there is already a restriction of not being 2000 feet of each other. Mr.Mott said he couldn't say with certainty how many would be eliminated with a larger setback. Councilor Pishioneri said he wants to address the concerns from neighbors who live near PLO land about having a cell tower in nearby parks. Mr.Mott said all sites may be able to accommodate shorter towers. Discussion was held regarding the concerns and the implications in other areas around the City if the ordinance is adopted. Councilor Moore said she appreciated the letter from Verizon answering their questions,as well as the letter from Mr.Blake. City of Springfield Council Regular Meeting Minutes October 17,2016 Page S Ms. Smith said if the Council adopted the ordinance before them,it would open it up to all PLO lands. The next discussion would be on the other topics Councilor Pishioneri referred to regarding setbacks. Adopting the ordinance tonight would make it effective in 30 days. The most conservative path would be not to act tonight and schedule a work session on November 7 to discuss the other issues. Councilor Moore said she is comfortable going forward knowing that PLO sites are publicly owned. Councilor Woodrow said she is comfortable taking a vote on the proposed ordinance tonight, and scheduling a work session to discuss the other concerns. Discussion was held regarding what would happen if they adopted the ordinance. Anyone applying for a cell tower would have to go through the process and abide by whatever standards were in place at the time. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR RALSTON ORDINANCE NO.6359,THE MOTION PASSED WITH A VOTE OF 5 IN FAVOR AND 1 OPPOSED (PISHIONERI). BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Planning Commission Appointrnent. Greg Mott,Planning Manager, presented the staff report on this item. The seven-member Planning Commission has one vacancy: Mr. Steve Moe served two four-year terms and by Municipal Code rules is not eligible for a third term. The City received one application for one position. Mr. Sherwood was interviewed during the October 10,2016 Council work session. Upon conclusion of the interview,Council reached preliminary consensus regarding Mr. Sherwood, subject to fonnal appointment during a Regular Meeting of the City Council. The Springfield Planning Commission is a seven member volunteer Commission appointed by the City Council. Municipal Code rules allow two appointees to live outside the city limits and up to two appointees to be involved in the real estate profession. All positions are"at-large"and do not represent geographic areas. Currently the Planning Commission has no members that live outside the City limits,and one member, Commissioner Nelson,who is in the real estate profession. Formal appointment is requested for Mr.Troy R. Sherwood, a Telefund Supervisor with the University of Oregon. IT WAS MOVED BY COUNCILOR WYLIE WITH A SECOND BY COUNCILOR PISHIONERI TO APPOINT TROY R. SHERWOOD TO THE PLANNING COMMISSION WITH A TERM EXPIRING MAY S,2020. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. City of Springfield Council Regular Meeting Minutes October 1.7,2016 Page 9 2. Other Business i. Councilor Moore said the EmX Steering Committee was cancelled this month. She attended the First Friday Community of Color social event in Eugene. She would like to see more involvement from Springfield in that organization. BUSINESS FROM THE CITY MANAGER BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned 7:43 p.m. Minutes Recorder Amy Sowa / y� Christine L.Lundberg Mayor Attest: Jn UA— City Recor r