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HomeMy WebLinkAbout03/06/2000 Regular . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, MARCH 6, 2000 The Springfield City Council met in Regular Session at Springfield City Hall, 225 Fifth Street, Springfield, on Monday, March 6, 2000, at 7:06 p.m. with Mayor Weathers presiding. ATTENDANCE Present were Mayor Weathers and Councilors Ballew, Fitch, Hatfield, Leiken, Lundberg, and Simmons. Also present were City Manager Mike Kelly, Assistant City Manager Gino Grimaldi, Senior Management Analyst Rosie Pryor, Administrative Coordinator Shari Higgins, City Recorder Kim Krebs, and members of staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Weathers. INVOCATION The Invocation was given by Reverend Zane Wilson, Springfield Lutheran Church. SPRINGFIELD UPBEAT . 1. City Manager Mike Kelly recognized Cyndy Dustrude for her 15 years of service to the city. 2. Mayor Weathers recognized Municipal Judge Richard Curtis upon his retirement from the city. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HATFIELD, TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims 2. Minutes a. February 7, 2000 - Work Session b. February 7, 2000 - Regular Meeting c. February 14,2000 - Work Session 3. Resolutions a. RESOLUTION NO.1 - A RESOLUTION OF INTENT TO CONSTRUCT 11 TH STREET FROM "M" STREET TO OLYMPIC STREET AND VICINITY. 4. Ordinances . City of Springfield Regular Session - 3/6/00 Page 2 . 5. Other Routine Matters a. Approve the 1998/1999 Comprehensive Annual Financial Report. PUBLIC HEARINGS 1. Springfield Drinking Water Protection Overlay District (10. No. 99-09-219). ORDINANCE NO.1 - AN ORDINANCE ADDING ARTICLE 17 DRINKING WATER PROTECTION (DWP) OVERLAY DISTRICT TO THE SPRINGFIELD DEVELOPMENT CODE SETTING FORTH PROCEDURES AND STANDARDS FOR THE USE OF HAZARDOUS MATERIALS WITHIN THE TIME OF TRAVEL ZONES; REVISING THE SPRINGFIELD DEVELOPMENT CODE BY AMENDING ARTICLES 2, 3, 14, AND 15 AND APPENDIX I; AND DECLARING AN EMERGENCY. Planner II Sarah Summer was present for the staff report. She said the Drinking Water Plan, adopted in May, 1999, called for a Drinking Water Protection (DWP) Overlay District as an implementation piece of the plan. The adoption of the DWP Overlay District is also required to complete the periodic review task (Goal 5, Resources) satisfies the Department of Land Conversation and Development (DLCD) requirements. The Drinking Water Plan as created by the Drinking Water Task Force, sets city policies for the protection of its drinking water and has been certified by the Department of Environmental Quality (DEQ). Article 17 of the Springfield Development Code is the major implementation tool of the plan. . Ms. Summers said the intent of the ordinance was not only to protect drinking water, but to protect businesses also. The regulations within the DWP Overlay District supplement the regulations of the underlying district. Article 17 establishes procedures and standards for new uses of hazardous materials within the zones (Overlay District), as well as sets up an application process. Ms. Summers explained what type of items require an application and the development review process. She reviewed the use of Dense Non-Aqueous Phase Liquids (DNAPLs) and the time of travel zone (TOTZ) that has been certified by the Oregon Health Division. Ms. Summer told council that planning staff had received approximately 50 calls and inquires from citizens who received notice. She said staff has conducted a few meetings with local business owners and as ofthis date, she said only one business may be adversely affected. Over 16,000 notices were sent to Springfield property owners. The Springfield Planning Commission recommends adoption of the ordinance. Ms. Summers said that written correspondence received was entered into the public hearing record. Mayor Weathers said that items under Correspondence and Petitions would also be entered into the record. Mayor Weathers opened the public hearing. . 1. Jim Spear, 2885 Olympic Street, Springfield, spoke representing V oith Sulzer Paper Technology. He spoke in opposition of the intent of the ordinance, as it could possibly hamper their future expansion and possibly force their company to move. He spoke of his company's recent expansion, with the possibility of future expansion, but said they use four DNAPL's. DNAPL's are very important to the process of his company. He provided specific information regarding their need to continue use ofDNAPL's. City of Springfield Regular Session - 3/6/00 Page 3 . 2. Emily Jerone, from Harrang, Long, Gary, Rudnick Attorneys and Counselors at Law, 101 E. Broadway, spoke representing Voith Sulzer Paper Technology. She said the ordinance needed to be clarified regarding whether or not the company is in the TOTZ or not, and how it could impact their future operations and expansions. She asked council to leave the record open for 14 days, so she could contact the city's attorney's regarding items that need certainty in the proposed ordinance. Ms. Jerone referred to sections 17.050, and asked council to look at the terminology of hazardous materials and clarify terms such as travel, regarding TOTZ. 3. Jerry Ritter, 1865 Yolanda Avenue, Springfield, said he represented the Springfield Chapter of Oregon Communities for a Vote In Annexations. He spoke regarding section two, Overlay of the Drinking Water Protection Plan. Mr. Ritter asked for clarification of retrofits for existing construction. Ms. Summers said Mr. Ritter was reading from the plan itself that had already been adopted. She said staff would notify Mr. Ritter when that portion of the conceptual plan was addressed via ordinance or resolution adoption. . 4. Chuck Davis, Springfield Utility Board (SUB) Water Department, 202 S. 18th Street, Springfield, provided a written hand-out, plus spoke in favor of the adoption of the ordinance. He said SUB first presented information to council in 1993, regarding significant work to be been done to protect drinking water. He provided information regarding specific contamination that occurred between 1993 and 1996, at local wells. He stated it takes only a small quantity of DNAPL' s to ruin drinking water capacity for local communities. Mr. Davis cited the cost of clean-ups for other cities and how important this legislation is to Springfield. 5. Don Thompson, 3375 Gateway Street, Springfield, said he operates the Chevron Service Station, and was representing Chevron USA. Their concerns included possibly not being able to expand their use, and how the ordinance would affect future sites and the four petroleum facilities in the Gateway area. Mr. Thompson ask that his concerns be addressed and that his presence be entered into the record. 6. Dick Briggs, 80 W. 23rd Street, Eugene, spoke regarding the one, five and 10 TOTZ. He said he had previously submitted two letters to council. His concern was over the terminology of "all" hazardous materials to better allow people to manage their DNAPL's. Mr. Briggs said the ordinance should be more narrowly defined as it is too general as currently written. 7. Ron Sprainis, 3240 Olympic Street, General Manager of Chrome Rolls, shared his concern over the broad definition in the ordinance pertaining to hazardous materials. He provided an example of how his company won an environmental award in conjunction with SUB regarding their containment system. Mr. Sprainis said although he encourages clean drinking water, he also promotes a good business community. . 8. George Grier, 1342 Y2 N. 66th Street, Springfield, spoke as a Drinking Water Task Force member who participated in the creation of the plan. He said the benefits of the ordinance, which protect both the community and business owners, and help to eliminate any future liability by businesses when they comply. Mr. Grier pointed out another side to the issue is the educational process which would follow the ordinance. City of Springfield Regular Session - 3/6/00 Page 4 . He encouraged the community to look at the plan in its total scope. Mr. Grier responded to the confusion by people who testified regarding the terminology of hazardous materials, by saying he believed there is a specific definition set forth in the plan. 9. William Carpenter, 680 T Street, Springfield, stated he is a member of Springfield Planning Commission and a Springfield community member. He felt those who testified that the hazardous materials list was too broad and didn't identify specific materials. Mr. Carpenter spoke of specific carcinogens that could be found in drinking water levels. He said the ordinance would ensure the citizens that Springfield has an operational water system. It protects businesses via a form of insurance, by doing the right thing now and by adverting legal problems in the future. Insurance companies who are not using specific environmental language now, are becoming more aware and will in the near future. Mayor Weathers closed the public hearing. Councilor Hatfield said the city needs to be clear on their intent with the ordinance. He felt the issues should be clarified when items are not clear regarding tax lot splits in TOTZ, as well as the definitions of hazardous materials. Councilor Hatfield asked for the names of chemicals on the list that should either be added or deleted and asked community m~mbers to provide the information to staff. . Councilor Leiken agreed with the clarification requested by Councilor Hatfield. He said staff needed to clarify the terminology on hazardous materials. He stated he has 15 years of experience in the use ofDNAPL's and supported leaving the record open. Councilor Leiken felt the ordinance would not penalize business, but assist them in the long-term. Councilor Simmons asked staff to clarify hazardous materials versus hazardous waste. He spoke of his experience with the McKenzie Watershed Council and how DNAPLs can penetrate concrete and cause future long-term problems. Councilor Simmons spoke of future impacts in the Weyerhaeuser area and how important it is to use the experience of other communities to help assist Springfield in its adoption of an ordinance. Councilor Fitch asked City Attorney Tim Harold if 14 days would be a long enough period to leave the record open. Mr. Harold stated yes, it would allow items to be entered into the record and would also allow staff adequate time to report on the items and questions raised. Planning Manager Greg Mott said in leaving the record open for 14 days, that all items could be reviewed and addressed. The public hearing could be continued until April 3. Mr. Harold said additional testimony could be heard and council would then again con~ider the ordinance. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR LElKEN, TO LEAVE THE PUBLIC RECORD OPEN AND CONTINUE THE PUBLIC HEARING UNTIL APRIL 3, 2000. THE MOTION PASSED WITH A VOTE OF 6 FOR AND \ 0 AGAINST. . City of Springfield Regular Session - 3/6/00 Page 5 . BUSINESS FROM THE AUDIENCE 1. Boyd Braugher, 292 17th Street SE, Salem, stated he has family in the Lane County area. He is retired and became aware of Springfield due to the Thurston shooting, after being a long- time resident. Mr. Boyd felt he should give back to the community and help the youth of the community. He will be holding a pole climbing championship due to the support he received from Willamalane Park and Recreation. He wanted to share his efforts with the council. 2. Emmet Cox, 5150 E Street, Springfield, spoke regarding cat control in neighborhoods in Springfield. He felt that they should be taxed (licensed) like dogs currently are. 3. Orville Craiger, 5257 E Street, Springfield, felt cats should be regulated the same as dogs are. Some citizens have up to ] 2 cats in his neighborhoo( 4. Gerald Hunter, 5179 E Street, Springfield, has lived and been a tax payer in Springfield since 1964. He said he is just one of many who feel that something should be done about the control of cats. Mr. Hunter said he likes animals, but feels owners should have to control their . pets. He asked what a large number cats do to the city's groundwater and sewer systems. He felt by licensing cats, there would be additional revenue brought to the city. Mr. Hunter asked for assistance and the process for gathering signatures via petition. . Councilor Simmons said the regulation of cats is a tough issue that had been brought up numerous times over the past few years with the City Council. He felt this had a large impact on groundwater and storm water plans for the future of the city. Part ofEcoli problems do come from animals and he felt future regulations would address the issue in the future. Councilor Ballew asked if there is a limit on the number of cats in the city. Mr. Harold responded that staff is not aware of any limits on the number of cats. Mayor Weather agreed that the issue is not an easy one. She said the costs associated with additional animal enforcement would occur that would not be covered by licensing. As a past council member, she felt there were no workable solutions at this time. Mr. Hunter, Mr. Craiger, and Mr. Cox were referred to the City Recorder regarding the Initiative Petition process. CORRESPONDENCE AND PETITIONS 1. Correspondence from Edward L. Nuse, 1059 20th Street, Springfield, Regarding Springfield Airport Property. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HA TFIELD, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . City of Springfield Regular Session - 3/6/00 Page 6 . ORDINANCES 1. Eugene Airport Metropolitan Plan Diagram Amendments and Concurrent Amendments to the Project Lists of TransPlan and the Public Facilities Plan (10. No. 99-06-135). ORDINANCE NO. 5959 - AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLANDIAGRAM TO REDESIGNATE CERTAIN PROPERTY GOVERNMENT AND EDUCATION AND AIRPORT RESERVE FROM AGRICULTURE, AIRPORT RESERVE AND RURAL COMMERCIAL CONSISTENT _ WITH THE AIRPORT MAST PLAN REFINEMENT PLAN DIAGRAM; AMENDING THE '. EUGENE-SPRINGFIELD METROPOLITAN AREA TRANSPORTATION PLAN AND PUBLIC FACILITIES PLAN TO ADD THE GREEN HILL ROAD REALIGNMENT PROJECT; AND ADOPTING A SAVINGS AND SEVERABILITY CLAUSE. Planning Manager Greg Mott was present for staff report. He said the Eugene City Council initiated these amendments on behalf the Airport Operations Division to achieve consistency between the Airport Master Plan Update and Metro Plan. This proposal was the subject of a Joint Elected Officials Public Hearing on January 19, 2000. Mr. Mott said there was no additional information to provide after the Joint Elected Officials meeting regarding the topic. The Eugene City Council adopted the ordinance on February 14,2000. The Lane County Board of Commissioners were scheduled to adopt the ordinance on March 8, 2000. City of Eugene Planning Director Jan Childs was present for council questions. . Councilor Ballew said her packet had pages missing from the legal action, Attachment 2. Ms. Childs said the submission was given to the City of Eugene, as presented. She also said the legal action was no longer pending. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HATFIELD, TO ADOPT ORDINANCE NO. 5959. THE MOTION WAS APPROVED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE CITY COUNCIL 1. Committee Reports a. Councilor Fitch spoke about the recent United Front lobbying trip to Washington D.C. She said it was a very active trip with many productive meetings. She felt that she, Mayor Weathers, and Assistant City Manager Gino Grimaldi did a godjob of supporting United Front issues which pertained to Springfield, but also that are important to other local jurisdictions. Councilor Fitch publically thanked Mr. Grimaldi for his leadership and praised the city's lobbying firm of Smith, Dawson. b. Councilor Simmons reported on the recent Police Planning Task Force meeting. He said the Police Department is having a good response to-date on their community survey. The task force will be working on the update of their long-range plan in the upcoming months. . City of Springfield Regular Session - 3/6/00 Page 7 . c. Councilor Simmons reminded council that the McKenzie Watershed Council was conducting a Cedar Creek study on March 9, 2000 at the WaIterville Community Center. They are moving forward on resolving issues. d. Mayor Weathers said Councilor Ballew would be attending the Eugene/Springfield Metro Partnership meeting and that Councilor Ballew and Councilor Hatfield would be representing the city at the upcoming Metropolitan Policy Committee meeting. BUSINESS FROM THE CITY MANAGER 1. Approval of Municipal Judges Contracts. Finance Director Bob Duey was present for the staff report. He said Springfield Municipal Court required the appointment of a new presiding judge, upon the retirement oflong-time Presiding Judge Richard Curtis. On February 7, 2000, the council's Finance and Judiciary Subcommittee presented its recommendation to appoint Judge Strickland to the position of Presiding Judge; Judge Joseph to the Judge Pro Tern #1 position; and Judge Curtis to the Judge Pro Tern #2 position, for a six-month period. The positions were approved by council . as proposed by the subcommittee, now the new employment agreements need council approval also. There is no financial impact to the city with the new agreements. . Mr. Duey outlined the upcoming process for filling the #2 and #3 Pro Tern positions. Mr. Duey said a recruitment profile will be developed and an interview process would occur in late summer of2000. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR FITCH, TO APPROVE THE EMPLOYMENT AGREEMENTS FOR JUDGE STRICKLAND, JUDGE JOSEPH, AND JUDGE CURTIS. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Special Citizen Advisory Committee. Finance Director Bob Duey was present for staff report. He said on February 14,2000, council approved the creation of a Special Citizen Advisory Committee to review and evaluate the potential for improvements to city services. The Mayor appointed eight positions and the balance are to be filled from the recruitment applications received during a short, but extensive recruitment period from February 9 to February 25,2000. Staff worked hard to ensure there was a cross representation from all city wards. After discussion, council recommended the following members for appointment: Ken Eilers, AI Monce, Lee Beyer, Irving Edwards, Jimmie Balumas, Curtis Goodwin and Nancy Anderson. These applicants would join the members already appointed by Mayor Weathers to complete the committee composition. Councilor Fitch reminded the council that all citizens and council members are welcome to attend any or all of the committee meetings. . Mayor Weathers announced the City Council representatives were Councilors Ballew and Leiken. " , . ~ . . . City of Springfield Regular Session - 3/6/00 Page 8 Mr. Duey said the committee was tentatively scheduled to begin meeting on Wednesday, March 15. He said the Mayor and council would be kept involved and notified of all future committee meetings. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HA TFJELD, TO APPROVE THE APPOINTMENTS MADE BY MAYOR WEATHERS (TERRY BEYER, PATRICK LUCANIO, ALISA CARRILLO, SEAN WILSON, BONNIE . PETERSON, HELEN STORECK, DAN EGAN, ANNE BALLEW AND SID LElKEN) AND TO APPOINT THE FOLLOWINGClTIZEN MEMBERS (KEN EILERS, AL MONCE, LEE BEYER, IRVING EDW ARDS,JIMMIE BALUMAS, CURTIS GOODWIN, CHARLOTTE BEHM AND NANCY ANDERSON) TOTHE CITIZEN POSITIONS. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. ADJOURNMENT The meeting was adjourned at 8:55 p.m. Minutes Recorder - Shari Higgins ~~~~~~ ATTEST: Ci~~~