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HomeMy WebLinkAbout05/15/2000 Regular . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD ON MONDAY, MAY 15, 2000. The Springfield City Council met in Regular Session at Springfield City Hall, City Council Meeting Room, 225 Fifth Street, Springfield, on Monday, May 15,2000 at 7:03 p.m., with Council President Ballew Presiding. ATTENDANCE: Council President Ballew, and Councilors Fitch, Hatfield, Leiken, Lundberg and Simmons. Mayor Weathers was absent (excused). Also present were City Manager Mike Kelly, Assistant City Manager Gino Grimaldi, Senior Management Analyst Rosie Pryor, City Recorder Kim Krebs, City Attorney Joe Leahy, and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council President Ballew. Council President Ballew asked for a moment of silence in observance of the two-year anniversary of the Thurston shooting incident. CONSENT CALENDAR . IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH, TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims 2. Minutes a. April 17, 2000 - Joint Work Session b. April 17, 2000 - Regular Meeting 3. Resolutions 4. Ordinances 5. Other Routine Matters a. McKenzie River Oxbow Project Master Plan Contractor Approval. b. April 2000 Disbursements for Approval. PUBLIC HEARINGS 1. First Reading and conduct a Public Hearing for Multi-Unit Design Standards - Springfield Development Code Amendments (10. No. 2000-03-0055). . City of Springfield City Council Regular Session - May 15,2000 Page 2 . Planner II Robin Johnson was present for the staff report. She asked council to conduct a public hearing and first reading of an ordinance that amends the Springfield Development Code. This amendment would revise height limits, require design standards for multi-unit housing located in medium and high density zones, and other related changes. She said in the work session, staff reviewed the history and background of the design standard project. They provided more detail on changes that have been made since the last time council reviewed this issue in October 1999. Ms. Johnson asked council to consider any changes they might want as a result of the work session or public hearing, and direct staffto make those changes before the second reading. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR LUNDBERG, TO CONTINUE THE PUBLIC HEARING ON THE MULTI-UNIT DESIGN STANDARDS UNTIL JUNE 5, 2000. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. Council President Ballew opened the public hearing. 1. Hanalei Rozen, 1551 B Street, Springfield, stated she has been following the proposals on this issue for approximately two years, and commended the city for their hard work. She said she was pleased council agreed to keep the public record open for further testimony. She said she did not think council had enough information before them to make an appropriate decision regarding the parking lot standards as proposed. She thought there were additional issues in the standards that had not been addressed with regard to building mass. She asked for further clarification. . 2. Gloria Gardner, 635 Capital Street NE, Salem, stated she worked for the State Department of Land Conservation and Development (DLCD). She spoke about ajoint program they have with the Department of Transportation called the Transportation and Growth Management Program. She provided a brief explanation of how the program provided the funding to hire a consultant to help the City of Springfield develop the standards, work with the advisory committee, and help draft the ordinance. She encouraged council to adopt the standards. She stated the purpose of a planter strip is to provide a buffer between the sidewalk and street. Council President Ballew continued the public hearing until June 5, 2000. 2. Liquor License Endorsements for the Renewal Period of 2000-2001. Community Services Manager Dave Puent was present for the staff report. He said council had been provided with a list of 113 existing businesses that have, or would be applying to the city for their 2000 - 2001 liquor license renewal. He said the liquor license is valid for one year beginning July 1. He said the public hearing was scheduled for council to receive community testimony relative to the liquor license renewal endorsements. At the conclusion of the public hearing, council would be requested to provide one of the following recommendations to the Oregon Liquor Control Commission (OLCC) for license renewal of the listed establishments: 1) Grant; 2) no recommendation; 3) do not grant unless (applicant demonstrated commitment to overcome listed concerns); or 4) deny. Council President Ballew opened the public hearing. . No one appeared to speak. City of Springfield City Council Regular Session - May 15,2000 Page 3 . Council President Ballew closed the public hearing. Councilor Simmons asked about the RoadHouse Grill, and whether it was an addition to the current list. He also questioned whether the application for #76 McKenzie Theater Dance Hall should be approved, since they are no longer open for business. Mr. Puent said the RoadHouse Grill is an addition to the current list. He said McKenzie Theater currently has a valid liquor license, but they had not applied for a new application. Councilor Lundberg expressed concern regarding the different types of police calls for the various businesses on the list. She said in the future it would be helpful if council had information regarding the types of calls for service, statistical and comparative information to previous years. Mr. Puent said the activity levels for Jim's Landing and the Brick House Tavern had been reduced since last year. Councilor Simmons said when the statistical data is provided, it is very important for the information to be accurate, and specific to each establishment. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR LEIKEN, TO GRANT THE LIQUOR LICENSE ENDORSEMENTS FOR THE RENEWAL PERIOD OF 2000 - 2001, WITH TWO CHANGES; 1) ADD THE ROAD HOUSE GRILL TO THE CURRENT LIST, AND MAKE A RECOMMENDATION OF NO ACTION ON #76 MCKENZIE THEATER DANCE HALL. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . 3. Ordinance Establishing Liens for the Installation of Paving, Curbs and Gutters, Sidewalks, Storm Drainage, Street Trees and Street Light Improvements for Jasper Road, 320d to 420d Streets, and Vicinity, Project 10993. Accounting Manager Valerie Nardo was present for the staff report. She said the local improvement project included 62 properties located on Jasper Road between 320d and 42od, and lies only partially within the city limits. Ms. Nardo said the project was initiated at staffs request. She said neighborhood meetings were held in November of 1996, and January 1997, with the majority of property owners expressing support for the project. She provided detailed information regarding the process of the project. She said the predicted cost of the project was $2.9 million dollars, and would be divided between Lane County, the City of Springfield, School District #19, and the abutting property owners. She said the final cost was $2.7 million dollars. She said each participant has paid their portion of the project, and now it is time to place the assessment liens on the abutting properties to allow the city to begin recovering costs. She said the property owners were notified of the public hearing, and staff received only one formal objection. Staff has contacted the property owner and felt their concerns were addressed. Council President Ballew opened the public hearing. . 1. Paul Johnson, 4123 Jasper Road, Springfield, stated he has lived at the property for over 35 years. He objected to the liens and asked how the City of Springfield could impose the assessments because he thought he Jived in the county. He said the road is county, maintained by county, and paid for by county dollars. He said when the city came out to talk to the affected property owners, they were told of property owners concerns. He asked for clarification regarding how portions of his property could be taken and used for roadway. City of Springfield City Council Regular Session - May 15, 2000 Page 4 . City Engineer Al Peroutka was present and provided a brief response to Mr. Johnson. He said when a project stretches between the city and county, if the city is initiating the project, they must have approval from the county to proceed with the project. He said in this case, it was a joint project from the county, school district and the City of Springfield. He said the process would have been different if the property was inside the city limits, and only specific to the City of Springfield. 2. Joseph O'Brvant, 4071 Jasper Road, Springfield stated he objected to the assessments, and asked why the centerline of the roadway was moved. He said when the road was initially built it was surveyed. He asked for clarification as to why he was not compensated for the portion of his property that was taken. Council President Ballew asked City Surveyor Don Rogers to talk to Mr. O'Bryant and discuss his concerns. After discussion, council directed staff to contact the affected property owners and respond to their questions and concerns. It was agreed to delay the public hearing until June 5, 2000. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH, TO DELAY THE PUBLIC HEARING ON THIS ITEM UNTIL JUNE 5, 2000. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . 4. Ordinance Establishing Liens for Installation of Paving, Curbs and Gutters, Sidewalks, Storm Drainage, Street Lights and Street Trees for West M Street, from Prescott Lane to Mill Street and Vicinity Project P20019. Accounting Manager Valerie Nardo was present for the staff report. She said the city had completed a local improvement project for West M Street, from Prescott Lane to Mill Street, Project #P20019. She said council was requested to adopt the ordinance assessing the properties for this project in the amount of $94,889.62. The ordinance contained an emergency clause, which would make it effective immediately upon adoption. The emergency clause is being used because staff would like to enter the liens on the city docket as soon as possible. She said the affected property owners were notified of the public hearing, and staff received no formal objection. Council President Ballew opened the public hearing. 1. Dennis Rioridan, 1344 Kelly Boulevard, Springfield, said when the project started he was interested in some improvement, but did not think his property was included. He said he had concerns with the homeless citizens, and citizens who are under the income bracket, and wondered if the other property owners are going to be required to cover their costs. He said when the public meetings were initially held, there was misleading information provided to residents. He is concerned about the letter the city mailed to the affected property owners regarding property foreclosure if the assessments were not paid. He said he needs time to arrange funding, and asked for additional time prior to the lien. City Attorney Joe Leahy advised council Mr. Rioridan had a legal right to a Bancroft Loan. . Council President Ballew closed the public hearing. City of Springfield City Council Regular Session - May 15,2000 Page 5 . IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH TO ADOPT ORDINANCE NO. 5960. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 5. Ordinance Establishing Liens for Installation of Paving, Curbs and Gutters, Sidewalks, Storm Drainage, Street Trees, Sewer, and Street Light Improvements for Long Ridge Drive, West of South 39th Street, and Vicinity, Project P20079. Accounting Manager Valerie Nardo was present for the staff report. She said the city had completed a local improvement project to serve Long Ridge Drive, West of South 39th Street, Project #P20079. She said council was requested to adopt the ordinance assessing the properties for this project in the amount of$58,893.60. The ordinance contained an emergency clause, which made it effective immediately upon adoption. The emergency clause is being used because staff would like to enter the liens on the City docket as soon as possible. Council President Ballew opened the public hearing. Noone appeared to speak. Council President Ballew closed the public hearing. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR LEIKEN, TO ADOPT ORDINANCE NO. 5961, ASSESSMENT LIENS FOR PROJECT P20079. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . 6. Proposed Resolution Setting Local and Regional Sewer Fees. Environmental Services Supervisor Gary Colwell was present for the staff report. He said council had discussed this topic in work session. He said the current local and regional sanitary sewer user fees had been in effect since July 1, 1996. Current storm drainage user fees had been in effect since July 1, 1998. After reviewing proposed user fees, council was requested to approve the new schedule with an effective date of June 1, 2000. He said staff recommended council conduct the public hearing and move to adopt the resolution. Council President Ballew opened the public hearing. No one appeared to speak. Council President Ballew closed the public hearing. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR SIMMONS, TO ADOPT RESOLUTION NO. 00-31, SETTING LOCAL AND REGIONAL SEWER FEES. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE No one appeared to speak.. . City of Springfield City Council Regular Session - May 15, 2000 Page 6 . CORRESPONDENCE AND PETITIONS There were four items submitted to council pertaining to the public hearings held. IT WAS'MOVED.BY COUNCILOR HATFIELD, WITHA SECOND BY COUNCILOR LEIKEN, TO ACCEPT TIm FO"UR ITEMS FOR FILING. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BIDS ORDINANCES 1. Springfield Drinking Water Protection Overlay District (Jo. No. 99-09-219). Planner II Sarah Summers was present for the staff report. She provided information to clarify what effect this article would have on existing businesses. She said existing businesses are not regulated by Article 17. She said they would be allowed to continue business as usual, expand, use more hazardous materials, increase production, increase employment, etc., unless they fall under Springfield Development Code Section 17.050. She said as long as an existing business meet the standards, the application would be approved. She said the purpose of the article is not to regulate existing businesses, but to regulate new uses, as well as provide clean drinking water to the community and the citizens of Springfield. She encouraged council to adopt the ordinance as written. . There was discussion regarding how the article would apply to businesses in the event they sold their property. Ms. Summers provided information in response to council's questions. Councilor Hatfield asked what chemicals SUB currently used at the well heads that would fall under the SUB exemptions. Chuck Davis, Springfield Utility Board said chlorine is used. He said chlorine is absolutely essential in filtering and that it is the only chemical that is used or stored at any of the well sites. Mr. Davis said there may be a need in the future to use something other than chlorine at Willamette well site that may be considered chemicals, but currently chlorine is the only chemical used. Councilor Hatfield inquired about the 28th and Olympic Street well field, and how often it is used. Mr. Davis said they are down in the winter, and activated in the summer. There is currently no contamination showing up in the well fields. Councilor Simmons clarified the SUB exemption not only applied to SUB, but other water treatment facilities as well. City Attorney Joe Leahy pointed out a correction that needed to be made in the ordinance before adoption. 17.090 had a typographical error in the first line that should read 17.050 instead of 15.050. . 1. Paul Engelking, 32 North Alder, Lowell, said he commended council for their wisdom in taking the precautions to protect the drinking water. He said he had some concerns regarding the drain fields that run under the Weyerhaeuser Plant. He suggested council adopt the ordinance, and then look at amending it to address those concerns. City of Springfield City Council Regular Session - May 15,2000 Page 7 . 2. Kreg Sturman, 3315 Marcola Road, said he is the Plant Engineering Manager at Kingsford Manufacturing. He said Kingsford continued to support the policy objective of Article 17 to create safeguards protecting the quality of well water in the City of Springfield. He recognized and appreciated the patience of staff to help clarify the Time of Travel Zone (TOTZ), which is"listed under 17.040. He hadJ.<oncerns that the 43 acres of Kingsford property lies on two separate TOTZ and said it is ,not practical to subdivide. Councilor Hatfield stated 17.040(3) clarifies the issue, and states the exception. 3. A. David Rodriguez, 87984 Heather Drive, Springfield, said he was in full support of the spirit of protection of drinking water. He still had concerns and thought this was the second public hearing. Councilor Ballew advised him that this was the second reading and adoption. Mr. Rodriguez provided a handout of a map, and pointed out the sub-wells on the Weyerhauser property. He submitted a copy of his written testimony to council. Mr. Davis responded to Mr. Rodriguez's concerns. He referred to a letter from Dennis Nelson from the Oregon Health Division, and said council had a copy of this written testimony from the public hearing held previously. Councilor Hatfield asked if water samples are tested. Mr. Davis responded yes, they are tested every two weeks. . 4. Dan Egan, 850 N. 6th Street, Springfield, spoke representing the Chamber of Commerce. He said for the record, he knew much progress has been made and the changes are appropriate. He said council had taken a pro-active approach. He said if council voted to approve the ordinance now, he would request they monitor the process very closely by tracking the permit applications as well as watching the water testing carefully. 5. Jim Spear, 2885 Olympic Street, Springfield, spoke representing Voith Sulzer Paper Technology. He said he had entered written testimony into the record previously. He said Voith Sulzer had taken extraordinary precautions to protect ground water, sewage treatment discharge, as well as surface water run off, and other environmental issues around the plant site. He said they had also spent a great deal of money building a facility that could be successful and with future growth. He said V oith Sulzer did not oppose the intent of Article 17. He said his objection of the article provides certainty that they would be able to expand their business at the present location. He requested council direct staff to write an amendment or add clarity that would provide them certainty that ifthey perform well, they may stay at their location and continue operation. 6. Ron Sprainis, 3240 Olympic Street, Springfield, represents Chrome World. He said Chrome world is 100 percent behind Article 17. He said each time he has spoken on this issue he has requested clarification and certainty on the TOTZ, and existing use and open containers. Mr. Sprain is asked how the article would affect a new owner who purchased the business, and how that would effect their operation. . Councilor Hatfield spoke about the consideration of existing businesses added, and was convinced they would still be able to operate, expand, and sell their businesses. He said he supported the enactment of this ordinance. He said it would be important to look at the process over the next several months by evaluation of the ordinance, and make sure it is applied in the appropriate manner. City of Springfield City Council Regular Session - May 15, 2000 Page 8 . Councilor Leiken said he agreed with Councilor Hatfield, that it was a municipal ordinance and interpretation could be changed depending on the members of future city council's. He would support the enactment ofthe ordinance. He would continue to make contact with the businesses and take their interest in mind, and would make sure the article works well for them and the future of the community. Councilor Lundberg agreed the members of the council would change, however, she made a strong commitment as to what the ordinance is intended to do. She agreed that follow up would be very important and a report back to council on a periodic basis. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR LEIKEN, TO ADOPT ORDINANCE NO. 5962, ARTICLE 17, SPRINGFIELD DRINKING WATER PROTECTION OVERLAY DISTRICT. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE CITY COUNCIL 1. Councilor Simmons reported on the McKenzie Watershed Council applying for their BP A grant. He said there was an article in the paper regarding the issue of the conservation and investment act. He said there are some interesting aspects of Senate Bill 1010 agriculture and lands. He said Lane County McKenzie Watershed would have an impact on the city. BUSINESS FROM THE CITY MANAGER . 1. Human Resources Director. City Manager Mike Kelly was present for the staff report. He stated the City Charter requires that council approve appointment of all department heads. He provided information on the hiring process and asked council to approve the appointment of Bill Spiry as the new Human Resources Director. He said Mr. Spiry would begin work on July 10, 2000. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH, TO CONFIRM THE APPOINTMENT OF BILL SPIRY AS THE HUMAN RESOURCES DIRECTOR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. ADJOURNMENT The meeting was adjourned at 8:44 p.m. Minutes Recorder - Kim Krebs ~~ Anne Ballew, Council President .