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HomeMy WebLinkAbout03/06/2017 Regular City of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY MARCH 6, 2017 The City of Springfield Council met in regular session in the Council Chambers,225 Fifth Street, Springfield,Oregon, on Monday March 6, 2017 at 7:00 p.m.,with Mayor Lundberg presiding. ATTENDANCE Present were Mayor Lundberg and Councilors VanGordon, Wylie(by conference phone),Moore, Stoehr,Woodrow and Pishioneri.Also present were City Manager Gino Grimaldi,City Attorney Mary Bridget Smith,City Recorder Amy Sowa and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lundberg. 1. Mayor's Recognition a. Women in Construction Week Proclamation. Mayor Lundberg reads from the proclamation and recognized NAWIC Chapter 77 and its many dedicated volunteers who work on behalf and support women in construction and proclaimed March 5-11, 2017 as Women in Construction Week 2. Other a. Groundwater Guardians Plaque Presentation. Linda Pauly, Senior Planner, introduced Amy Chinitz. She noted that 18 years ago the City adopted the Water Protection Plan which has been an example to other communities. She described the plan and how it protects our drinking water. We have a provision in our Code that all new development that occurs in the groundwater areas goes through a separate review as part of the process. The purpose of that section of our Code is to protect the acquifers that provide the drinking water for the City of Springfield. The review includes identifying potential impacts from facilities that store,handle,treat, use,produce or have on their premises substances that pose a risk to groundwater if spilled. Ms. Chinitz, Springfield Utility Board, said this year our community received the designation of Groundwater Guardian Community from the National Groundwater Foundation for the 20th year. As symbols of the collaborative community based efforts to protect our drinking water, some activities include: teaching students about water quality at local streams,providing opportunities for safe waste disposal,training gardeners on healthy landscaping, assisting businesses with safe hazardous materials storage,or dozens of other groundwater deeds achieved by our community. We are all working together to sustain our high quality drinking water for present and future generations. The annual tradition has become to celebrate our Groundwater Guardian accomplishments during this time in March,National Groundwater Awareness week. The lessons of this week remind us to talk to our friends and neighbors,to pass the message from person to person about this precious resource beneath our feet that we need to protect. She thanked the Council for helping the Groundwater Guardian team in our community to keep that message alive. They look forward to the next 20 years. City of Springfield Council Regular Meeting Minutes March 6,2017 Page 2 CONSENT CALENDAR 1. Claims 2. Minutes a. February 21,2017—Work Session b. February 21,2017—Regular Meeting 3. Resolutions 4. Ordinances a. ORDINANCE NO. 6363 —AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE SECTIONS 5.100 AND 5.104 ADOPTING BY REFERENCE THE OREGON REVISED STATUTES FOR CRIMINAL MISDEMEANORS AND VIOLATIONS,AND CONTAINING A SEVERABILITY CLAUSE 5. Other Routine Matters a. Authorize the City Manager to Sign the Third Amendment to the Contract with the Firm of Leahy,Van Vactor, Cox&Melendy LLC for City Prosecutor Services for the Time Period July 1,2016 through June 30,2018. IT WAS MOVED BY COUNCILOR VANGORDON WITH A SECOND BY COUNCILOR PISHIONERI TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS -Please limit comments to 3 minutes. Request to speak cards are available at both entrances. Please present cards to City Recorder. Speakers may not yield their time to others. 1. City Council Adoption of a Resolution Initiating Annexation of Segments of 19th Street and Yolanda Avenue Rights of Way. RESOLUTION NO. 1 —A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD PURSUANT TO SECTION 5.7 OF THE SPRINGFIELD DEVELOPMENT CODE. Jeff Paschall, City Engineer presented the staff report on this item. In 2015,the City Council approved entering into an Intergovernmental Agreement(IGA)with Lane County to execute a transfer of jurisdiction of portions of 19th Street and Yolanda Avenue to the City of Springfield. Lane County completed pavement preservation work on the City owned portions of 19th Street and Yolanda Avenue in exchange for jurisdictional transfer of those portions of Lane County right of way that meet current urban standards. In order to complete the agreed upon jurisdictional transfer,the right of way in question must first be annexed to the City of Springfield. City of Springfield Council Regular Meeting Minutes March 6,2017 Page 3 Lane County completed the preservation project in 2015 and requested that the City initiate the final requirement of the IGA,which is requesting the County to surrender its jurisdiction of portions of 19th Street and Yolanda Avenue to the City. However,before that request can be made,the right of way for those streets must be annexed. This annexation includes approximately 2,340 feet of 191 Street from Yolanda Avenue south to the city limits just south of Bonnie Lane,and approximately 1,250 feet of Yolanda Avenue from 19th Street east to the city limits at 23`d Street. Upon adopting the resolution, staff will prepare and distribute a formal annexation application for review and comment by City departments,external referral agencies, and adjacent property owners. Staff anticipates that the enacting Ordinance for the 19th Street and Yolanda Avenue annexation will be presented to the City Council at a public hearing later this spring. Councilor Stoehr said over the weekend he drove near the area.He asked if the work had already been done. Mr. Paschall said it was done in the summer of 2015.He received a request from Lane County to execute the final portions of the IGA for the City to take jurisdiction. When they wrote up the request for surrender,rights-of-way weren't annexed.Before they could request jurisdictional surrender from the County,they needed to annex the right-of-way. Mayor Lundberg opened the public hearing. No one appeared to speak. Mayor Lundberg closed the public hearing. IT WAS MOVED BY COUNCILOR VANGORDON WITH A SECOND BY COUNCILOR PISHIONERI TO APPROVE RESOLUTION NO.2017-07. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS BIDS ORDINANCES BUSINESS FROM THE CITY COUNCIL BUSINESS FROM THE CITY MANAGER 1. Request for Metro Plan Diagram Amendment and Concurrent Zone Change for 7.1 Acre Property on Highbanks Road, Cases TYP416-00003 and TYP316-00005. ORDINANCE NO. 6364—AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN(METRO PLAN)DIAGRAM BY REDESIGNATING APPROXIMATELY 7.1 ACRES OF LAND FROM LOW DENSITY City of Springfield Council Regular Meeting Minutes March 6,2017 Page 4 RESIDENTIAL(LDR)TO LIGHT MEDIUM INDUSTRIAL(LMI); CONCURRENTLY AMENDING THE SPRINGFIELD ZONING MAP BY REZONING THE SAME APPROXIMATELY 7.1 ACRES OF LAND FROM LDR TO LMI;ADOPTING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE Andy Limbird, Senior Planner,presented the staff report on this item. The applicant has submitted concurrent Metro Plan diagram and Zoning Map amendment applications for vacant property on Highbanks Road. If approved,the plan designation and zoning of this property would change from Low Density Residential(LDR)to Light Medium Industrial(LMI). The subject property is located on the north side of Highbanks Road at 53rd Street. The UGB and City Limits abut the northeastern property edge;while the western boundary abuts property planned and zoned LMI. The site is vacant and is zoned and designated for low density residential development. This property owner-initiated Metro Plan diagram amendment was necessary to enable the owner/applicant to submit plans for an LMI use. The application states the intent of the proposed amendment and zone change is to facilitate construction of a Bishop's Storehouse facility on the property. Staff reviewed the proposed development plans and advised the applicant that the physical and operational characteristics of the proposed use are comparable to a warehouse building with attached office space. This class of use is not permitted in the LDR district; therefore the applicant has proposed to change the zoning and comprehensive plan designation to LMI. The Council should note; while the applicant's proposed use requires LMI designation and zoning, a proposed use is not relevant to the approval criteria because the standards require consistency with the statewide planning goals and not creating an inconsistency in the Metro Plan. Neither this owner nor any subsequent owner is limited to a single use of the property; if the amendments are approved,all LMI uses identified in Section 3.2-410 of the SDC could be located at this site subject to site plan review approval. To account for the possible increase in trips associated with changing the plan designation and zoning,the applicant is proposing a trip cap on the entire property that would limit the P.M.peak hour trips to 101 vehicles regardless of direction of travel. The Planning Commission conducted a public hearing on these proposals on January 24,2017 and reconvened on February 7,2017 to conduct deliberations and recommend approval of the proposed Metro Plan diagram amendment and Zoning Map amendment. The City Council conducted a public hearing and gave first reading to the amending Ordinance at the regular meeting on February 21, 2017. City Attorney Mary Bridget Smith said this is quasi-judicial matter. The hearing and record are closed so tonight they will be deliberating. Their decision must be based on the criteria. It is a zone change and designation change and must comply with State Goals and the Comprehensive Plan.Because the applicant is the Church of Jesus Christ of Latter Day Saints(LDS),they are protected under Federal Law called RLUIPA(Religious Land Use and Institutionalized Persons Act)which protects land use actions for religious organizations as applicants. She reminded the Council to stick to the criteria and steer away from certain topics such as religious doctrine or what their practices are, and not make the applicant go through extra process they would not make another applicant go through. Councilor Moore said she wasn't here during the February 21,2017 Council meeting. She asked for clarification of the blue area on the map. City of Springfield Council Regular Meeting Minutes March 6,2017 Page 5 Mr. Limbird said the northern one third is in the 100-year flood plain so is a constrained site. It is not impossible to develop,but adds an extra layer of complexity to any development on that site regardless of land use. It does not affect the location of the proposed development. Councilor Moore asked if removing this from our low density residential(LDR) lands would affect our residential inventory. Mr. Limbird said the City's previous residential housing analysis determined about 378 acres of surplus for the 20-year needs of the community. This would incrementally reduce that surplus by about 2%. Councilor Moore asked if the piece of the property that is constrained was still considered part of that residential acreage. Mr.Limbird said that was correct. IT WAS MOVED BY COUNCILOR VANGORDON WITH A SECOND BY COUNCILOR PISHIONERI TO ADOPT ORDINANCE NO.6364. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Adoption of an Administrative Inspection Warrant Code, SMC 5.630-5.638. ORDINANCE NO 6365—AN ORDINANCE ADDING SECTIONS 5.630, 5.632, 5.634, 5.636 AND 5.638 TO CHAPTER 5 OF THE SPRINGFIELD MUNICIPAL CODE AND ADOPTING A SEVERABILITY CLAUSE. Mary Bridget, City Attorney,presented the staff report on this item. The purpose of this amended Ordinance is to include any changes in the state statutes listed in SMC Sections 5.100 and 5.104 that occurred in the last legislative session and also to include misdemeanors and violations found in ORS Chapter 475B regarding recreational marijuana. Springfield Municipal Code Sections 5.100 through 5.104 adopt by reference and make state misdemeanor and violation crimes an offense against the City of Springfield so they may be prosecuted in Springfield Municipal Court. This Section is updated on an annual basis to capture any changes that have occurred in the incorporated statutes during the most recent legislative session. There is no financial impact with this ordinance. A first reading of this ordinance was held during the February 21,2017 Council meeting.No one appeared to testify and no changes were made. • IT WAS MOVED BY COUNCILOR VANGORDON WITH A SECOND BY COUNCILOR PISHIONERI TO APPROVE ORDINANCE NO.6365. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT City of Springfield Council Regular Meeting Minutes March 6,2017 Page 6 The meeting was adjourned 7:12 p.m. Minutes Recorder Amy Sowa Christine L. Lundberg Mayor Attest:fijilV:41.2+01 nn V City Recorder 4 I