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HomeMy WebLinkAbout12/04/2000 Regular '. MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDA Y, DECEMBER 4, 2000 'e city of Springfield council met in regular session in the Springfield City Council Chamber Room, 225 Fifth Street, Springfield, Oregon, on Monday, December 4,2000, at 7:00 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, Councilors Ballew, Fitch, Lundberg and Simmons. Also present were City Manager Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy, Administrative Coordinator Julie Wilson and members of the staff. Councilor Hatfield was absent (excused). PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Leiken. SPRINGFIELD UPBEAT 1. Administer Oath of Office to David Ralston as City Councilor. City Attorney Joe Leahy administered the oath of office to David Ralston. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR FITCH, TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. .Claims 2. Minutes 3. Resolutions a. RESOLUTION NO. 00-54 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD COMPETITIVE BIDS AMOUNTING TO MORE THAN $15,000 DURING THE PERIOD OF DECEMBER 12, 2000, TO JANUARY 15,2001, WHILE THE CITY COUNCIL IS IN RECESS. b. RESOLUTION NO. 00-55 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30154: MARSHALL'S PLAZA INDUSTRIAL PARK SANITARY SEWER EXTENSION. c. RESOLUTION NO. 00-56 - A RESOLUTION TO ACCEPT PERMIT PROJECT P30141: HARVEST LANE STREET IMPROVEMENTS A T HAYDEN BRIDGE WAY (NORTHWOOD CHRISTIAN CHURCH PUBLIC IMPROVEMENTS). d RESOLUTION NO. 00-57 - A RESOLUTION TO ACCEPT PROJECT P30118: JASPER PARK, 1 ST ADDITION PUBLIC IMPROVEMENTS. e. RESOLUTION NO. 00-58 - A RESOLUTION TO ACCEPT PROJECT PI0092 FROM CENTERLINE EXCAVATION & CONSTRUCTION, INC., IN THE AMOUNT OF $21,812.51. . Ordinances 5. Other Routine Matters City Council Meeting Minutes December 4, 2000 .e2 a. Authorize the City Manager to Execute a Contract Extension with Inovar Advertising and Design in the Amount of $130,225.00 for the Annual FireMed Ambulance Membership Public Information and Education Campaign. b. Approve the Purchase Order with Thomas Ford Co., in the Amount of$15,135.00 for the Purchase of a Model Year 2001 Ford Taurus, Four-Door Sedan for the Fire and Life Safety Department. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 1. Resolution Initiating an Expedited Annexation and Extraterritorial Sanitary Sewer Extension to the City of Springfield, Journal Number 2000-10-0202 Branch/Cline. RESOLUTION NO. 00-59 - A RESOLUTION INITIATING EXPEDITED ANNEXATION OF CERTAIN TERRITORY AND EXTRATERRITORIAL EXTENSION OF SANITARY SEWER TO THE CITY OF SPRINGFIELD AND REQUESTING THAT THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVE THE EXPEDITED ANNEXATION AND EXPEDITED EXTRATERRITORIAL EXTENSION OF SANITARY SEWER TO THE SUBDIVISION. IMMEDIATELY. City Planner Kitti Gale was the staff contact on this item. City Engineer Al Peroutka answered questions from council regarding this item. All property owners have requested annexation in order to develop property located at . 2833 Game Farm Road and identified on Assessor's Map 17-03-22-41 Tax Lot 5700. Annexation of this property is necessary to extend sanitary sewer for development. The City Council is authorized by ORS 199.490(2)(a)(b) to initiate annexation upon receiving consent in writing from a majority ofthe registered electors and property owners in the territory to be annexed. The property, located within the UGB, is not contiguous to Springfield City limits. The zoning designation is Low Density Residential UF -10. The parcel is currently developed with two dwelling units and it is proposed that the unit on the easterly side of the property will be removed. The subdivision application proposed Tax Lot 5700 be divided into six (6) parcels that will each be developed with one, single-family dwelling. The city can insure a full range of urban services including but not limited to police, fire protection, library, sewer, water and storm drainage. It is proposed that sanitary sewer will be extended from the fIre station on Game Farm Road to Tax Lot 5700 at the applicant's expense. Rainbow Water District currently serves the property. If approved by the Council, the resolution will be forwarded to the Lane County Local Government Boundary Commission for Review. Councilor Ballew expressed concern regarding island annexations that have to go across to provide property coverage. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR SIMMONS, TO ADOPT RESOLUTION NO. 00-59. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 1 (BALLEW) AGAINST. 2. System Development Charge (SDC) Update, Public Hearing. ORDINANCE NO. 5969 -AN ORDINANCE AMENDING SECTION 3.400, 3.406. 3.412. AND 3.418 OF THE SPRINGFIELD MUNICIPAL CODE REGARDING THE COLLECTION AND ADMINISTRATION OF SYSTEM . DEVELOPMENT CHARGES. SECTION 3.400. ET. SEQ.. AND DECLARING AN EMERGENCY. City Council Meeting Minutes December 4, 2000 .e3 RESOLUTION NO. 00-60 - A RESOLUTION OF THE CITY OF SPRINGFIELD COMMON COUNCIL MODIFYING AND ADOPTING THE METHODOLOGY FOR THE SYSTEMS DEVELOPMENT CHARGES AS SET FORTH IN THE CITY OF SPRINGFIELD MUNICIPAL CODE, SECTION 3.408. Assistant City Manager Gino Grimaldi read the title of Resolution No. 00-61. He explained that the resolution title was not listed on the agenda, although it was listed on the Agenda Item Summary report and needed to be considered for adoption. RESOLUTION NO. 00-61A RESOLUTION OF THE CITY OF SPRINGFIELD COMMON COUNCIL ADOPTING THE RATE STRUCTURE FOR THE SYSTEMS DEVELOPMENT CHARGES AS ESTABLISHED IN THE CITY OF SPRINGFIELD MUNICIPAL CODE, SECTION 3.406. RESOLUTION NO. 00-62 - A RESOLUTION OF THE CITY OF SPRINGFIELD COMMON COUNCIL MODIFYING AND ADOPTING THE SYSTEMS DEVELOPMENT CHARGE PROJECT LIST AS SET FORTH IN CITY OF SPRINGFIELD MUNICIPAL CODE, SECTION 3.410 (2). City Engineer Al Peroutka presented the staff report on this issue. After considering public comment at this hearing Council will need to adopt or modify the ordinance changes and resolutions to effect changes to the SDC program. The ordinance is being requested to be adopted with art emergency clause in order to bring the city into compliance with State ORS requirements regarding Bancroft financing as quickly as possible. All rate and methodology changes will be effective immediately in any case because they are set by resolution. . A wall chart was displayed which outlined the summary of proposed existing fees for single family dwellings. Mayor Leiken opened the public hearing. 1. Roxie Cuellar, 1255 Pearl Street, Eugene, Representing the Home Builders Association (HBA), said it is difficult for HBA to actually support an increase but she thanked council and staff for efforts on this issue. She reviewed the methodology and again thanked council, staff and the citizen advisory committee for keeping costs down. Mayor Leiken closed the public hearing IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR FITCH, TO ADOPT ORDINANCE NO. 5969. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR FITCH, TO ADOPT RESOLUTION NO. 00-60. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR FITCH, TO ADOPT RESOLTUIONNO.00-61. THE MOTION PASSED WITH A VOTE OF 5 FORAND 0 AGAISNT. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR FITCH, TO ADOPT RESOLUTION NO. 00-62. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 3. An Ordinance Providing a Process for Claims Related to Regulatory Takings Arising Under the 2000 Amendment to Article I, Section 18 of the Oregon Constitution (Ballot Measure 7) Adding to Chapter 2 "Government and . Administration" ofthe Springfield Municipal Code Sections 2.900 et. seq. "Regulatory Takings" and Declaring an Emergency. City Council Meeting Minutes December 4, 2000 .e4 ORDINANCE NO. 5970. - AN ORDINANCE PROVIDING A PROCESS FOR CLAIMS RELATED TO REGULATORY TAKINGS ARISING UNDER THE 2000 AMENDMENT TO ARTICLE I, SECTION 18 OF THE OREGON CONSTITUTION (BALLOT MEASURE 7) ADDING TO CHAPTER 2 "GOVERNMENT AND ADMINISTRATION" OF THE SPRINGFIELD MUNICIPAL CODE SECTIONS 2.900 et. SeQ. "REGULATORY TAKINGS" AND DECLARING AN EMERGENCY. City Attorney Joe Leahy presented the staff report on this issue. Ballot Measure 7 amends the Oregon Constitution to require state and local governments to compensate land owners if they enact or enforce the regulation that lowers the value of an owner's property by restricting its use. This establishes a procedure to allow property owners to make claims for compensation. It also provides a policy and procedure for releasing or waiving regulations imposing restriction. The proposed Ordinance is brought to council as a measure necessary to cope with ballot Measure 7. According to the measure, compensation is due if the restriction continues to apply to the property 90 days after the landowner applies for compensation. The Measure becomes effective on December 7,2000. There is uncertainty about the extent and depth of the financial impact to local and state governments. The uncertainty will be addressed in the weeks ahead by Attorney General's opinions, lawsuits, the Oregon Legislature, and perhaps an additional Ballot Measure. Right now we are left with a Measure that presents questions. The text of the Measure is set forth on Page 4 of the staff report attachment, LOC Perspective. Mr. Leahy reviewed the attachments contained in the staff report. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. . Mr. Leahy answered questions regarding injunction criteria, public interest in this matter, and other legal issues related to this issue. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR FITCH, TO ADOPT ORDINANCE NO. 5970. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE 1. Mr. Mainwaring, 4801 G Street, Springfield, expressed concern regarding building codes and a specific concern he had regarding setback issues. Development Services Department will follow-up with Mr. Mainwaring. Development Services Director Cynthia Pappas explained that Dave Puent has talked with Mr. Mainwaring on a number of occasions. She will have staff follow-up with Mr. Mainwaring and report back to council. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS BIDS ORDINANCES BUSINESS FROM THE CITY COUNCIL l) Committee Appointments 2. Business from Council City Council Meeting Minutes December 4, 2000 .e5 a. Committee Reports I. Mayor Leiken reminded council members of a public hearing scheduled for tomorrow evening at Lane County. Road funds will be discussed. / b. Other Business BUSINESS FROM THE CITY MANAGER 1. Resolution Supporting the Oregon Business Development Funding for Expansion of Commercial Metal Products. RESOLUTION NO. 00-63 - A RESOLUTION REQUESTING THAT THE SPRINGFIELD CITY COUNCIL REQUEST THE OREGON ECONOMIC DEVELOPMENT COMMISSION AND THE STATE OF OREGON TO ASSIST IN THE FINANCING OF THE COMMERCIAL METAL PRODUCTS PROJECT WITHIN THE CITY OF SPRINGFIELD, THROUGH THE OREGON BUSINESS DEVELOPMENT FUND. John Tamulonis was the staff contact on this item. Commercial Metal Products has applied to the Oregon Economic Development Department (OEDD) for partial financing ofthe purchase of a building at 3535 Marcola Road and relocate its sheet metal fabricating operations from leased space at 2690 Marcola Road. State law for the Oregon Business Development Fund requires that before OEDD can approve assisting a project, the local jurisdiction must approve a resolution supporting the project. Commercial Metal Products and OEDD request the Springfield City . Council approve the resolution. Commercial Metal Products was established in Springfield by Dennis Gibson in 1985 to produce sheet metal products. The company is operating on a month-to-month lease at 2690 Marcola Road and plans to purchase a building located at 3545 Marcola Road with partial financing from Liberty Bank. The purchase of the building is to save the company's existing two jobs because the existing lease will not likely be renewed next year. The existing leased facility is adjacent to the proposed Home Depot site. Commercial Metal Products would like to obtain a more stable facility. In addition, the new site will offer more space so they will be able to create three new manufacturing jobs over the next three years. Commercial Metal Products has applied for partial loan funding of the $470,000 project through the Oregon Business Development Fund. State law requires that the local jurisdiction approve a resolution supporting the project before funding can be approved by the OEDD and its loan committee. A Commercial Metal Products representative was present at the city council meeting. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR FITCH, TO ADOPT RESOLUTION NO. 00-63. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 2. Other Business City Manager Mike Kelly reminded the Mayor and Council of the upcoming goal setting session scheduled for December 8, 2000. BUSINESS FROM THE CITY ATTORNEY Q A Resolution Establishing an Application Fee for Claims Related to Regulatory Takings Arising under the 2000 Amendment to Article I, Section 18 of the Oregon Constitution (Ballot Measure 7). City Council Meeting Minutes December 4, 2000 .e6 RESOLUTION NO. 00-64 - A RESOLUTION ESTABLISHING AN APPLICATION FEE FOR CLAIMS RELATED REGULATORY TAKINGS ARISING UNDER THE 2000 AMENDMENT TO ARTICLE I, SECTION 18 OF THE OREGON CONSTITUTION (BALLOT MEASURE 7). City Attorney Joe Leahy presented the staff report on this issue. The regulatory takings in Section 2.940 provide for an application fee in order to process a claim. The League of Oregon Cities also recommends adoption of the fee. The recommended fee is $850. This fee was recommended by the Development Services Division based on the analogous fee for a vacation. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR FITCH, TO ADOPT RESOLUTION NO. 00-64. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 3. Amendment III to the Agreement Regarding the Transfer of Building and Land Use Responsibilities Within the Urbanizable Portion ofthe Springfield Oregon Urban Growth Boundary Entered into Between Lane County and the City of Springfield. City Attorney Joe Leahy presented the staff report on this issue. This amendment 3 is necessary to the Urban Transition Agreement between the City of Springfield and Lane County to provide that the city will process property owner claims for compensation in that area covered by the Urban Transition Agreement between the Springfield City limits and the Springfield Urban Growth Boundary. . Financial impact is undetermined at this point. This is essentially a housekeeping matter to assure that the Urban Transition Agreement with Lane County continues to reflect the City of Springfield's responsibility for development and land use regulation in what would otherwise be Lane County's jurisdiction, that area between the city of Springfield city limits and the city of Springfield UGB. IT WAS MOVED BY COUNCILOR BALLEW, WITH A SECOND BY COUNCILOR FITCH, TO APPROVE THE AMENDMENT TO AGREEMEN BETWEEN LANE COUNTY AND THE CITY OF SPRINGFIELD. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 1 (SIMMONS) AGAINST. \ ADJOURNMENT The meeting adjourned at 8:50 p.m. Minutes Recorder - Julie Wilson Sidne Mayor ~~ Kim Krebs City Recorder .