HomeMy WebLinkAbout05/15/2000 Regular
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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
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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).
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City of Springfield
City Council Regular Session - May 15,2000
Page 2
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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.
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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.
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No one appeared to speak.
City of Springfield
City Council Regular Session - May 15,2000
Page 3
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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.
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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.
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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
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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.
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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.
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Council President Ballew closed the public hearing.
City of Springfield
City Council Regular Session - May 15,2000
Page 5
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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.
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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..
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City Council Regular Session - May 15, 2000
Page 6
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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.
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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.
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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.
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City Council Regular Session - May 15,2000
Page 7
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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.
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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.
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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
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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
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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
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Anne Ballew, Council President
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