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HomeMy WebLinkAbout05/01/2000 Regular . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, MAY 1,2000 The City of Springfield Council met in Regular Session at Springfield City Hall, City Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, May 1,2000 at 7:03 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, City Attorney Joe Leahy, Senior Management Analyst Rosie Pryor, Administrative Coordinator Shari Higgins, City Recorder Kim Krebs and members of staff. PLEDGE OF ALLEGIANCg , The Pledge of Allegiance was led by Mayor Weathers. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HATFIELD, TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . CONSENT CALENDAR 1. Claims 2. Minutes a. March 27,2000 - Work Session b. April 3, 2000 - Work Session c. April 3, 2000 - Regular Meeting d. April 10, 2000 - Work Session 3. Resolutions 4. Ordinances 5. Other Routine Matters a. Approval of Bid Acceptance to Ben-Ko-Matic Co., in the Amount of $117,475.00 for Sewer Cleaning Machine. b. Approval of the March 2000 Quarterly Updated Financial Reports. PUBLIC HEARINGS . City of Springfield City Council Regular Session - 5/1/00 Page 2 . 1. Resolution Establishing a Lien for Judgments on Nuisance Violations. Finance Director Bob Duey was present for staff report. He explained under the authority of the Springfield Municipal Code (5.622(3), delinquent forfeitures brought to judgment, which were assessed for violations which occurred on real property shall constitute a lien against real property. Mr. Duey said council was requested to establish a lien for the charges totaling $4,500 plus interest at 9% per annum from October 14, 1998, until paid. City Attorney Meg Kieran was present. She said Mr. Knox felled 118 trees in excess of the number allowed by Springfield Development Code. She said Mr. Knox pleaded guilty to 45 violations at $100 each, as part of a negotiated plea of guilty. In consideration for the deferral of payment for one year, the amount of the assessed forfeiture was to be secured by a lien against Mr. Knox's property. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HATFIELD, TO ADOPT RESOLUTION NO. 00-29. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Conduct a Public Hearing for the One-Year Action Plan, Adoption of the HUD Eugene- Springfield Consolidated Plan 2000 and Annual Action Plan 2000-2001. . Planner II Robin Johnson and Housing Program Specialist Kevin Ko were present for the staff report. Ms. Johnson explained the Department of Housing and Urban Development (HUD) required a five-year consolidated plan for the use of federal Community Development Block Grant (CDBG) and Housing Investment Partnership Program (HOME) funds and Emergency Services Grant (ESG). The Annual Action Plan, which is required in each of the next five years, portrays to HUD and the community how Springfield will allocate funds by program and project for that particular year. Ms. Johnson asked council to hold a public hearing on the One- Year Action Plan and consider, by resolution, adoption of the Consolidated Plan 2000. She said the goals in the Consolidated Plan are adopted jointly by the cities of Eugene and Springfield. Mayor Weathers opened the Public Hearing on the One-Year Action Plan. No one appeared to speak. Mayor Weathers closed the Public Hearing. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR HATFIELD, TO APPROVE THE ONE-YEAR ACTION PLAN. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR LUNDBERG, TO ADOPT RESOLUTION NO. 00-30, EUGENE-SPRINGFIELD CONSOLIDATED PLAN. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . City of Springfield City Council Regu]ar Session - 5/1/00 Page 3 . 3. Springfield Drinking Water Protection Overlay District (10. No. 99-09-]29). Planner II Sarah Summers provided a handout to be entered into the record from Ross Penhallegon, 950 West 13th Avenue, Eugene, OR 97402. Ms. Summers said Article 17 established procedures and standards for new uses of hazardous materials within the Time of Trave] Zones (TOTZ). She explained the revisions to the article and the process since the public hearing process began in March 2000. Staff reviewed each concern raised during the public hearings and made the appropriate changes to the article. Ms. Summers said the draft article with changes was sent to those who previously testified and included the following major changes/additions: 1) clarified language throughout; 2) removed "internal alteration of a building," 3) added exemptions, including minimum amounts, 4) added possible waiver of 5 gallon container size, 5) removed "transportation" from the article, 6) added commentary to guide interpretation of the article. In addition, Ms. Summers said a guidance document and flow chart were developed. Ms. Summers entered into the record written correspondence from Stu Burge, Dave Rodriguez, plus three others received by the Development Services Department. Mayor Weathers opened the Public Hearing. . ]. Joe Mathieu, 841 Diamond Street, Springfield, spoke as a private citizen. He said the citizens of Springfield should have their drinking water protected. He supported the ordinance and Article ] 7. 2. David Rodriguez, 87984 Heather Drive, Springfield, stated his concern with the delineation ofWeyerhaeuser's Wellhead Protection Area (WPA) with city's ordinance. He gave specifics regarding the Weyerhaeuser property and the Springfield Utility Board (SUB) well that is in close proximity. He showed a photo of the site. Mr. Rodriguez said the Department of Environmenta] Quality (DEQ) formally adopted the study, but he felt the city should research the issue further. 3. Jim Spear, Voith Sulzer Paper Technology, 2885 Olympic Street, Springfield, spoke about his concern that Voith Sulzer would not be able to continue their business and/or expand if they choose to. He detailed specific changes to the ordinance that would limit or hamper their business. Mr. Spear felt the ordinance should exempt environmentally responsible, existing businesses that have not had any spills or Dense Non-Aqueous Phase Liquids (DNAPL's) issues in the past five years. 4. ,Dan Egan, representing the Springfield Chamber of Commerce said the ordinance is clearer to read now then at the first public hearing. Since it was a first reading, he encouraged council to allow those who want to, to be able to continue providing input. Mr. Egan felt there were some additional changes needed that would be necessary to allow businesses to continue to thrive in the city. . 5. Keith Euhus, 37392 Maranatha Lane, Springfield, spoke representing Weyerhaeuser. He said he supported the ordinance. He felt that Weyerhaeuser would be able to continue all operations and the ordinance adoption would not hamper others to regarding their operations, while ensuring the community's groundwater is protected. City of Springfield City Council Regular Session - 5/1/00 Page 4 . 6. Ron Sprainis, 3240 Olympic Street, Springfield, spoke representing Chrome World. He stated he would like clarification regarding the terminology for hazardous materials. He read from a proposed section he wrote for inclusion into Article 17. He said he contacted the city regarding whether or not his business was in the TOTZ. Mr. Sprainis said that although everyone wants clean water, that clarification needed to occur on the ordinance definitions. 7. Kate Ferschweiler, 341 South E Street, Springfield, spoke as a resident of the city. She said the ordinance was straight forward prevention for the city. It can save both the polluter and the city a lot of money in the long-term. 8. Glenn Klein, 101 E. Broadway, Eugene, spoke as the attorney for Mr. Jim Spear. He referred to page four of the testimony/hand-out provided by Voith Sulzer. He spoke regarding what would trigger a Drinking Water Protection (DWP) application form. He said he would like the Article 17 revised and suggested changes for clarification on terminology. Mr. Klein spoke regarding allowing Appeals of Director Decisions - 17.090. . 9. Calvin Pittman, 3315 Marcola Road, Springfield, spoke representing Kingsford, Mr. Pittman said he agrees with both business and citizen concerns, as Kingsford has a long history with the City of Springfield. They have a large tax lot and part of the property does fall under the one-year TOTZ. Mr. Pittman stated if the processing portion of his company does not sit on the one-year part of the property, then they should not be penalized. He proposed changes to allow his companies operations to continue. 10. Tim Hanley, 1550 N. 42 Street, Springfield, spoke representing the Rainbow Water District. He said the ordinance was ready for adoption and spoke about how important the value is in protecting drinking water. Mr. Hanley shared the lessons learned by other communities who lost the high quality of their drinking water. He said revisions were made and the ordinance is now very clear. Rainbow Water District Board urged council's approval of the ordinance. 11. Andy Poynter, 89359 Fern Road, Elmira, spoke, representing both Chrome World and Farmers Coop. He spoke against requiring the use of five gallon containers and said 55 gallon drums would be more appropriate. He asked staff to check secondary containment when regulating hazardous materials. He felt the ordinance as written would eliminate outside storage and hamper most operations. 12. George Grier, 1342 'is N. 66th Street, Springfield in Lane County, resides just south of a well. He said he was part of the task force, who initiated the process, and many widespread concerns were addressed and the task force accepted the revised ordinance. Mr. Grier said he appreciated the farming industry and their use of chemicals, but accidents could happen. He said the ordinance is about reducing the risks to the community and the future, but would not totally eliminate it. . 13. Bill Carpenter, 680 T Street, Springfield, said adopting the ordinance would produce an economic and environmental plan for the future. Although some testified in opposition, he felt it was imperative to adopt it. If a well spill occurred then real estate prices could drop if water was contaminated. Mr. Carpenter gave details and spoke of hidden costs that could occur if the DWP ordinance was not adopted. City of Springfield City Council Regular Session - 5/1/00 Page 5 . 14. Charles Davis, 202 S. 18th Street, spoke representing the Springfield Utility Board (SUB). He addressed the business community and said the ordinance had been greatly improved with recent revisions and clarifications. Mr. Davis said the community could now see what the intent was, without the additional use of legal terms, He asked council to adopt the ordinance. Mayor Weathers closed the Public Hearing. Councilor Simmons said a sizable number of concerns raised had already been reviewed during the task force process. He said the dialogue between the staff, business community and SUB had culminated in a good process and the city has a responsibility to provide this protection to its citizens. Councilor Ballew said council had received additional written materials and asked staffto ensure that all items addressed had been reviewed prior to the final ordinance adoption, Mayor Weathers asked about a process for adding commentary to the ordinance, for future reference. Mr. Harold said it is not normally done, that staff could possibly use some examples, but not commentary. Mr. Harold said if council chose to approve the ordinance, then they could also reque~t a follow-up/review in a specified time period. He felt continual monitoring should be scheduled to make sure unintended negative affects did not occur. It was clarified the city wanted to have clean drinking water and still provide for continued business. . Councilor Simmons spoke about the letter from Stoel Rives Attorneys. He questioned whether a pending application would apply under the ordinance. Planning Manager Greg Mott responded that the only thing that pre-exempts State Law is Federal law. The ORS clearly exempts applications pending during the clear adoption of a new law. Councilor Lundberg said the decision was hard to make, as it affects larger businesses and smaller businesses that may want to expand. She stated her preference to adopt the ordinance and move forward to protect drinking water. Councilor Hatfield agreed with Councilor Lundberg and asked staff to review the ordinance for when a large tax lot is split in the TOTZ. If it cannot be resolved, then he felt the city should accommodate the business by allowing a quick time line for a partition application to occur. Mayor Weathers said the ordinance received its first reading. The second reading is scheduled to occur on May 15,2000. BUSINESS FROM THE AUDIENCE . 1. Cluadete Eikenberry, 2380 A Street, Apartment 3, Springfield, spoke regarding fire safety issues. Ms. Eikenberry said she recently became aware that Fire Station #3, located in Ward 4, was not being utilized. This leaves part of the city without adequate fire and emergency coverage. Ms. Eikenberry requested a written statement with the runs and responses from all stations in Springfield. The closure makes unsafe conditions and although a financing issue, it should be reviewed by the council. City of Springfield City Council Regular Session - 5/1100 Page 6 . Mr. Grimaldi responded that Fire Station #3 did run an ambulance currently. 2. Stefan Ostrach, 711 Shelley Street, Springfield, spoke representing the Lane County Labor Council. Mr. Ostrach said he represents teamsters that have over 10,000 members. He is concerned that ifWal-Mart is built that the development would violate council goals and and have a large economic impact on the community. He felt the city should contact an economic development study. Mr. Ostrach said Wal-Mart tends to have a high incidence of non-benefit jobs, a high cost for benefits and harassment allegations. 3. Ronda Tucker, 2419 1 ih Place, Springfield, spoke representing Citizens for Smart Growth. Ms. Tucker stated she is employed at Fred Meyer. She shared her concern over the city's economy and how it could deteriorate with the Wal-Mart development. Her main concern was their lack of involvement in the community, especially in the school. She felt the city could attract a better neighbor, while not adding to the traffic congestion that already occurs on Mohawk Boulevard. 4. Ellen Klaastad, 4871 Camellia Street, Springfield, spoke representing Springfield Citizens for Smart Growth, Ms. Klaastad said she resides in Springfield just behind the old Cascade Drive-In site. She felt the developer in her area worked well with the city and addressed many concerns prior to approval being given by development staff. Ms. Klaastad listed many concerns regarding traffic patterns, rush hours, Mohawk area patrons and referenced an Oregon Department of Transportation (ODOT) memo, also concerning traffic. She felt funding should be given by any developer wanting to employ so many in the Mohawk area. . 5. Marleen Brady, 2634 Centennial Boulevard, Springfield, spoke representing Springfield Citizens for Smart Growth. Ms. Brady stated her concern over noise and traffic on Mohawk Boulevard. She said Centennial Boulevard also had an Elementary School placed on it, where 90 percent of the children attending walk to school. After safety and noise concerns, Ms. Brady stated that a truck turn-around area for Wal-Mart would be placed next to residential homes. She felt the truck area should abut the industrial portion of the property on Olympic Street. 6. C.J. Mann, 2633 Centennial Blvd., Springfield, stated she met with city staff on April 3, 2000 regarding the Wal-Mart development application, She filed public comment on the application, but was told that all citizen ideas were rejected by the developer. Ms. Mann spoke regarding the tree removal that would occur and asked that Wal-Mart move their garden center to that area to be more aligned with existing trees and wetlands. She also felt that Wal-Mart did not want to work with their neighbors and adapt to the concerns of citizens. 7. Carole Elliott, 351 S. 520d Street, Springfield, spoke representing Springfield Citizens for Growth. Ms. Elliott said that not all commercial use of property is good for the community. She stated the Mohawk area already had many retail establishments. Wal-Mart is not good for the community, as they provide low-wage jobs and do not respect their employees. She felt employee rights and wages were a huge component for a successful business. Ms. Elliott stated she wished Wal-Mart would negotiate with the community in good faith. Mayor Weathers stated the council would not enter into the application process currently. They can not. She thanked the members of the community for sharing their concerns. . City of Springfield City Council Regular Session - 5/1100 Page 7 . CORRESPONDENCE AND PETITIONS It was determined the two Correspondence and Petition items were entered into the record during public hearing number three above. They were not accepted for filing, as they became part of the public record, by acceptance by the City Council. 1. Correspondence from Stu Burge, 830 McKenzie Crest Drive, Springfield, Regarding the Proposed Wellhead Overlay District. 2. Correspondence from David Rodriquez, 87984 Heather Drive, Springfield, Regarding the Drinking Water Protection Plan. BUSINESS FROM THE CITY COUNCIL a. Council Business - Committee Reports 1. Councilor Simmons said the Boundary Commission set assessments with a 5 percent increase and filing fee's for annexations at a 10 percent increase. He asked Finance Director Bob Duey to ensure the city's budget figure for Fiscal Year 2000-01 was correct. 2. Councilor Leiken said he welcomed a conference sponsored by Centro Latino recently which had over 100 families registered. It was a good event for the community. . 3. Councilor Ballew announced the next Special Citizen Advisory Committee meeting to be held on May 3 at 6:30 p.m. in the Library Meeting Room. 4. Mayor Weathers said she recently attended a TEAM Springfield m~eting where members discussed sponsoring a community project and holding a mid-year meeting. 5. Mayor Weathers thanked council members and staff who participated in the United Way Youth Day of Caring. 6. Mayor Weathers announced the next Budget Committee meeting to be' held on May 2, and the Government Standards Association (GSA) Open House scheduled for May 3. Those wanting to submittestimony and then attend the Special Citizens Advisory Committee meeting were encouraged to sign-up early. BUSINESS FROM THE CITY MANAGER There was none. BUSINESS FROM THE CITY ATTORNEY There was none. . , ' l .. . . . City of Springfield City Council Regular Session - 5/1/00 Page 8 ADJOURNMENT The meeting was adjourned at 8:35 p.m. Minutes Recorder - Shari Higgins ATTEST: t::::e~ ~&~1!~J~lj~