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HomeMy WebLinkAbout09/18/2017 Joint Elected Officials (JEO) City of Springfield Work Session Meeting MINUTES OF THE JOINT ELECTED OFFICIALS PUBLIC HEARING OF THE SPRINGFIELD CITY COUNCIL LANE COUNTY BOARD OF COMMISSIONERS MONDAY, SEPTEMBER 18, 2017 The City of Springfield Council met in ajoint public hearing with the Lane County Board of Commissioners in the Library Meeting Room,225 Fifth Street, Springfield, Oregon, on Monday. September 18,2017 7 00 p.m., with Mayor Lundberg presiding. ATTENDANCE Present from the City of Springfield were Mayor Lundberg and Councilors VanGordon, Wylie, Moore. Woodrow and Pishioneri Also present were City Manager Gino Grimaldi, Senior Planner Andy Limbird, City Attorney Many Bridget Smith, Assistant City, Attorney Kristina Schmunk, City Recorder Amv Sowa and members of the staff Councilors Stoehr and Wy lie were absent(excused). Present from the Lane County Board of Commissioners were Board Chair Pat Farr and Board Members Sid Leiken, Pete Sorenson, Gary Williams and Jay Bozievich.Also present were County Administrator Steve Mokrohiskv and Senior Planner Amber Bell. May or Lundberg welcomed everyone and thanked them all for making the trip to Springfield for this important discussion. She said this joint meeting with the lane County Board of Commissioners was to allow, them all to hear the information at the same time. I. Request for Metro Plan Diagram Amendment and Zone Change for about 421 Acres of Property in the Southeast Thurston Hills,Cases T}P417-00001 and TYP3I7-00003. City Manager Gino Grimaldi read the ordinance titles of the following ordinances for the City of Springfield: ORDINANCE NO 1 —AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN(METRO PLAN)DIAGRAM BY REDESIGNATING APPROXIMATELY 418 17 ACRES OF LAND FROM LOW DENSITY RESIDENTIAL (LDR)TO PARKS AND OPEN SPACE: ADOPTING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 2—AN ORDINANCE AMENDING FHE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN (METRO PLAN)DIAGRAM BY REDESIGNATING APPROXIMATELY 3.03 ACRES OF LAND FROM LOW DENSITY RESIDENTIAL (LDR)TO PARKS AND OPEN SPACE:CONCURRENTLY AMENDING THE SPRINGFIELD ZONING MAP BY REZONING APPROXIMATELY 3.03 ACRES OF LAND FROM LDR TO PUBLIC LAND AND OPEN SPACE(PLO); ADOPTING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. City of Springfield City Council and Lane County Board of Commissioners Joint Elected Officials Public Hearing Minutes September 18,2017 Page 2 ORDINANCE NO. 3 —AN ORDINANCE AMENDING THE SPRINGFIELD ZONING MAP BY REZONING APPROXIMATELY 407.47 ACRES OF LAND FROM LOW DENSITY RESIDENTIAL (LDR)TO PUBLIC LAND AND OPEN SPACE (PLOY, CONCURRENTLY AMENDING THE SPRINGFIELD ZONING MAP BY REZONING APPROXIMATELY 10.7 ACRES OF LAND FROM LIGHT MEDIUM INDUSTRIAL HAI') TO PLO; ADOPTING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE Lane County Board of Commissioners Chair Farr said the Board would be hearing the second reading of the following ordinance: ORDINANCE NO. 1350—IN THE MATTER OF ADOPTING AN AMENDMENT 1O THE EUGENE SPRINGFIELD METROPOLITAN AREA GENERAL PLAN(METRO PIAN) DIAGRAM BY REDESIGNATING APPROXIMATE' Y A 418.7 ACRES OF LAND FROM LOW DENSITY RESIDENTIAL TO PARKS AND OPEN SPACE PURSUANT TO LANE CODE 12.200 AND 12 225,AND ADOPTING A SEVERABLITY CLAUSE. FILE NO. 509- PA17-05292 Board Chair Farr noted that this w as a quasi-judicial hearing. Assistant City Attorney Kristina Kraaz reviewed the quasi-judicial hearing process for tonight's public hearing. The hearing tonight is characterized as a de novo quasi-judicial hearing. De novo means that any issue,procedural or substantive can be raised that is relevant to the approval criteria. Quasi- judicial means that certain due process procedural rights are associated with these decision-making processes. These rights include the rights to notice,to present evidence, to have a written decision based upon standards, and to an impartial decision-maker. The primary purpose of the hearing is to establish a record upon which a decision can be made EVIDENCE The evidentiary rules associated with these hearings are less restrictive than used in circuit courts and all relevant testimony, including hearsay testimony, may be considered • You must raise procedural and substantive issues at this hearing or you will be prohibited from raising those issues subsequently on appeal before the Oregon Land Use Board of Appeals. • A person raising the issue must support raising the issue with statements or ev idence sufficiently specific so that the Council has an opportunity to respond to the concern or the issue. • If you are the applicant,you must raise concerns regarding an proposed conditions of approval to preserve)our right to appeal and/or to seek damages in Circuit Court. • Failure to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the City Council to respond to the issues precludes an action for damages in Circuit Court. BURDEN OF PROOF In a quasi-judicial decision making process,the burden is on the applicant to show by a preponderance of the evidence that all of the applicable approv al criteria have been met. Cit) of Springfield Cit) Council and Lane Count) Board of Commissioners Joint Elected Officials Public Hearing Minute. September 18. 2_017 Page 3 CRITERIA The application before the City Council tonight is a proposal for a Metro Plan diagram amendment and a Springfield zoning map amendment The criteria for a Metro Plan diagram amendment are found in Springfield Development Code section 5 14-135. The criteria are. • The amendment must be consistent w ith applicable Statewide Planning Goals. • Where the Metro Plan applies,the adoption of the amendment cannot make the Metro Plan internally inconsistent. • Where the Springfield Comprehensive Plan applies,the amendment must be consistent with the Springfield Comprehensive Plan. fhe criteria for a Springfield zoning map amendment are found in Springfield Development Code section 5 22-115 The criteria are: • 1 he amendment must be consistent with applicable Metro Plan policies and the Metro Plan diagram; • The amendment must be consistent with applicable Refinement Plans, Plan District maps, Conceptual Development Plans and functional plans, and • The property must be presently provided with adequate public facilities, services and transportation networks to support the use, or these facilities, services and transportation networks are planned to be provided concurrently with the development of the property. • A zoning map amendment that inv olves a Metro Plan diagram amendment must meet the approval criteria for Metro Plan amendments specified in Section 5.14-100, which I have previously listed. • The zoning map amendment must comply with Oregon Administrative Rule • 660-012-0060,which is known as the "Transportation Planning Rule. • These criteria are also posted on the wall behind the Council;they are outlined in the staff report; and they w ill be summarized by City staff in their presentation RECORD The record in this matter consists of the application and any supporting information, any staff report and supporting documents.and any testimony and documentary ev idence admitted during this hearmg The record also consists of all testimony and documentary evidence submitted to the Planning Commission on this application prey musty. If you want an item entered into the record present that item to the City Recorder, orally or in writing If there is any question in your mind whether any material is in the record make a point of asking that it be accepted into the record. Under Oregon law,any person has the right to request that the record be held open for 7 days for the submittal of additional written testimony. You do not have to give a reason for this request, but you must make the request to the City Council before the hearing is closed. • If the written record is left open and new es idence is introduced during that time, the record ma> be held open for an additional period of time to allow other parties an opportunity to respond to the new es idence • In a de novo hearing,the applicant always gets the last word City of Springfield City Council and Lane County Board of Commissioners Joint Elected Officials Public Hearing Minutes September 18.2017 Page 4 You also have the right to request a continuance of the hearing A continuance is discretionary w ith the City Council. The party requesting a continuance must show that prejudice to his or her rights will not be cured by merely holding the record open. TESTIMONY This hearing is recorded on tape so I ask that those who wish to testify to follow a few procedures: • First, please testify from the podium to my left(not the citizen's seats). • Second, begin y our testimony by stating your name and address for the record. This will enable the City Recorder and the Council to identify the testimony offered by each speaker and will assist in creating a transcript of the hearing if that is necessary. • Finally, if you want a copy of the written decision, please provide your name and address to the City Recorder. DECISION The City Council will issue a written decision after the record is closed APPEAL [Type III City Council] The City Council's decision is final. Any person who appeared in this matter may appeal the City Council's decision to the Land Use Board of Appeals Please consult an attorney regarding the deadline for the appeal and the form of appeal. IMPARTIALITY The Oregon land use law requires that the City Council disclose any ex parte contacts or conflicts of interest related to this matter, and allow any person to challenge the City Council for bias • A conflict of interest is a situation in which the decision maker, his or her family,or their business would benefit or suffer by the decision-maker's decision • An ex parte contact is a communication to the decision maker that includes substantive issues regarding the application and occurs outside the public y enue. • Bias is an actual personal interest in the outcome of the decision, or a prejudgment by the decision-maker as to the outcome without regard to evidence and argument submitted to the decision-maker. Mayor Lundberg opened the public hearing for the Springfield City Council She asked the members of the Council to declare any potential conflicts of interest and to disclose bias or ex parte contacts. The Mayor and all councilors present said they had not had any ex parte contact or potential conflict of interest She asked if anyone wished to challenge the jurisdiction of the Springfield City Council to hear the matter of this Metro Plan amendment and zone change City of Springfield City Council and Lane County Board of Commissioners Joint Elected Officials PubiL Hearing Minutes September 18 2017 Page 5 Board Chair Far opened the public hearing of the Board of Commissioners. He asked the members of the Board to declare potential conflicts of interest and to disclose bias or ex parte contacts. All of the Board members present said they had not had any ex parte contact or potential conflict of interest. And Limbird, Senior Planner from the City of Springfield presented the staff report on this item. The applicant has submitted concurrent Metro Plan diagram and Zoning Map amendment applications for ten contiguous parcels in southeast Springfield that comprise the planned Thurston Hills Natural Area Park. The proposed amendment would change the comprehensiy e plan designation for the property from Low Density Residential(LDR)to Parks and Open Space,and change the zoning from Light Medium Industrial (LMI)and LDR to Public Land and Open Space (PLO). About 215 acres of the property proposed for redesignation is outside the Springfield city limits and Urban Growth Boundary (UGB) and therefore requires joint approy al by Lane County The subject property is about 665 acres and runs from the frontage on the McKenzie Highway across the hillside and ridgeline all the way to the former We erhaeuser Haul Road near Bob Straub Parkway The linear distance is roughly 2 '/ miles. There are 10 tax lots that comprise this property which straddles city limits,the(UGB) and outside city limits which is Lane County jurisdiction. He noted the area that was a Springfield decision only since it had been annexed to the City in March. and the area that required joint action from both the City Council and County Commissioners This property was originally designated for low density residential(LDR)and the proposal is to change it to park land and open space(PLO)to facilitate the Thurston Hills Natural Area Park. Large natural area parks such as this are regional parks and not a listed use in LDR In order to change that, a Comprehensive Plan Amendment must take place followed by a zone change. This area was identified in the City's residential housing analysis as being predominantly vacant land Currently, nearly the entire area within the City's UGB is zoned LDR with the exception of a small area off Weyerhaeuser Haul Road that is zoned Lb11 That zoning is not consistent w ith its current designation of LDR. The proposal is to change the entire area to PLO to help facilitate construction of the Thurston Hills Natural Area Park which consists of a[railhead parking lot,natural area of community forest land and recreational trails The area in the landslide area is in potentially unstable hillside areas, w ith pockets of developable property. The net developable area of the 665 acres according to the applicant is about 149 acres. This information was presented to the joint Planning Commissions in the summer and the) recommended approval of the Metro Plan amendment and zone change. County Planner Amber Bell said the Commissioners were asked to conduct a 2"d reading of the ordinance and hold a public hearing. Willamalane is the applicant in this redesignation and rezoning to realize the Thurston Hills Natural Area Park identified in the 2012 Willamalane Comprehensive Plan. She noted the applicable criteria for the County Commissioners which is found in Lane Code 12.200— 12 225. There are a total of 9 vacant parcels affected by the proposed ordinance which are partly or entirely located between city limits and the UGB The affected parcels identified in the proposed ordinance are depicted in a site context map and legal description The plan amendment area size and legal description being reviewed by the County Board is slightly different than that being reviewed by the City because of a tax lot that was annexed into the City after the initial application was made. That tax lot is now only within the City's jurisdiction and not subject to co-adoption by the Board. There are approximately 245 acres of the overall project area located outside the UGB and within the County's Rural Comprehensive Plan(RCP)and zoned either non-impacted forest(Fl )or impacted forest(F2), with plan designation of forest These areas are not proposed for redesignation and the application has indicated that the applicant will pursue separate land use application processes for park uses in these areas. Public notice was issued by the City of Springfield for the joint public hearing. Based on the applicant's materials and City of Springfield staff report, County staff finds no major policy issues. The proposed refinement plan complies with the Metro Plan, statew ide planning goals City of Springfield Cin Council and Lane County Board of Commissioners Joint Elected Officials Public Hearing Minutes September 18, 2_017 Page 6 and other applicable statutes. there are four options identified for the Board, approve ordinance as presented; postpone taking final action and set a 3rd reading for a date certain: direct staff to revise the ordinance and return for a 3`d reading and approval of the revised ordinance; or not approve the ordinance and deny the application. Staff recommendation is option 3 1 Eric Adams. Planning Development Manager, Willamalane Park and Recreation District representing the applicant: Mr. Adams said he is here to encourage the Council and Board to approv e the plan amendment and zone change applications for the Thurston Hills Natural Area Like the recently completed Mill Race Path. the Thurston Hills Natural Area has been a project the community has wanted for many years {he City of Springfield and Willamalane have worked collaboratively on several of these projects for over a decade Several of the key steps that have occurred towards this effort include: the Rivers to Ridges Plan, approved by the Council and Willamalane Board in 2003; Willmnalane's Comprehensive Plan which identified Thurston Hills as a possible natural area park in 2004; and the joint purchase of the Gray/Jaqua Heritage House in 2006,a portion of which is now developed as a trailhead. During a sensitive public process by Willamalane leading up to the 2012 Comprehensive Plan, natural area parks were identified as one of the highest rated priorities. When the Comp Plan was adopted in 2012, Thurston Hills Ridgeline Park was one of the key projects identified for near term completion. In November 2012,the public approved Willamalane's$20M bond measure which included purchasing property in Thurston for a natural area park and trail system. Between 2012 and 2013, Willamalane secured two Willamette Wildlife mitigation program grants and entered into two purchase agreements with Bonneville Power Administration for an additional 360 acres already subject to existing conservation easement. Urbanized development within these conservation casements is strictly prohibited. Similar use limitations also apply to a 79 acre community forest designation that abuts the Thurston Hills neighborhood to the south In this designation there are limitations on road and utility extensions The acquisition of this property was funded by a $250,000 grant from US Forest Service community forest program To date, Willamalane has leveraged bond funding on federal grant funds to acquire enough property for the 665 acres for the Thurston Hills Natural Park In August 2016, Willamalane and the City entered into a Memorandum of Understanding(MOU)that redesignation would be completed before Willamalane constructed additional improvements such as trails,etc Over the last y ear, Willamalane staff has completed a Management Plan as required through their agreements with the Bonney ille Power Administration for the entire 665 acres This plan identifies key actions that will enhance natural N alues on the site to provide compatible public access. The plan's implementation ON er the next several years will result in having fantastic places to hike. hike and conserve w ddlrfe with City vistas The subject Metro Plan amendment and zoning change application represent the culmination of all of these combined efforts. Their approval represents the endorsement of the use of the Thurston Hills Natural Area as the community has long envisioned. Mr. Adams responded to questions brought up during the work session regarding emergency services and potential utility extensions. Willamalane has existing agreements with the Springfield Police Department, Lane County Sheriff and Oregon Department of Forestry (ODF) in terms of fire response There is also an existing intergovernmental agreement(IGA) with Springfield Utility Board (SUB)that requires collaboration in terms of placing future water reservoirs C i1 of Springfield Cu) Council and Lane County Board of Commissioners Joint Elected Officials Public Hearing Minutes September 18,2017 Page 7 Commissioner Sorenson asked about how the IGA between Willamalane and the City of Springfield that was structured for policing of the area. Mr.Adams said it is on a per call basis He provided an example. It is hard to say if the need would increase as this site developed,but it is possible. 2 Colin McArthur.Cameron McCarthy Landscape Architects. Mr McArthur said he was here to represent the applicant The subject property is approximately 665 acres and consists of 10 parcels. Approximately 224 acres are located within Springfield's UGB and 245 acres are outside the UGB within Lane County. The Springfield properties are designated LDR by the Metro Plan and a small portion LMI by the Springfield zoning ordinance. Within Lane County, the properties are designated forest by the Metro Plan and Fl and F2 by the Lane County Zoning map. This action is necessary because the community-supported vision for Thurston Hills Natural Area Park cannot be realized under the current plan and zone designations. The proposed use is consistent with the definition of a regional park within the Springfield Development Code which includes the following characteristics: a large area of natural quality for outdoor recreation generally comprising 100 acres or more, where 80% of the land is reserved for natural open space and 20% is used for recreational development. Regional parks are not permitted in LDR only neighborhood parks. In Lane County, regional parks are allowed subject to Planning Director approval, Willamalane intends to submit an application for approy al to Lane County at a later date following this action. The plan zone amendment approach is the only viable alternate e for enabling development of a regional park on this land.As the applicant, Willamalane has willingly assumed the risk associated NN rth time and cost to clean up the land use designation and get this right. Regarding the approy al criteria, much of the discussion in the City and County staff reports focuses on compliance with Goal 7, Goal 8,Goal 10 and Metro Plan policies related to buildable land supply. According to the Springfield Residential Land and Housing Needs adopted in 2011, Springfield has a 378 acre surplus of LDR residential land and a 357 acre deficit of parks and open space land. Willamalane's Comprehensive Plan adopted in 2012 also identifies a similar deficit in parks and open space land at 364 acres. The subject property contains approximately 11 acres of LMI,but is residential Because of this plan zone inconsistency, that property was not included in the City's Commercial industrial Buildable Land (CU) sun et,therefore the proposed amendment has no impact on the CIBL inventory. In determining the affect upon the residential land supply, Willamalane obtained the residential land needs database and determined that 159.08 acres in the subject site was accounted for as buildable residential acres While this application has been under review, about 7 acres of LDR land was removed from the inventory after the adoption of Springfield Ordinance 6364 and another 3 acres of land was removed from the inventory at the adoption of Springfield Ordinance 6369. They are not aware of any pending actions that would have a significant effect on the buildable land supply. After accounting for the change of designation, approval of the amendment would result in a remaining surplus of 208 acres within the City's inventory of buildable LDR land. Approval of the amendment would fully address the deficit of parks and open space land within the City. This request is a critical and important step to realizing the vision for Thurston Hills Natural Area Park. Both the City and County staff find the application satisfies all applicable approval criteria, and both the Springfield and Lane City of Springfield Cm Council and Lane County Board of Commissioners Joint Elected Officials Public Hearing Minutes September 18,2017 Page 8 County Planning Commissions unanimously recommended approval. Willamalane supports the work of staff and concur with the recommendations for approval. Mayor Lundberg asked if there was anyone wishing to speak in favor of the proposal 1. Phil Farrington, Eugene.OR Mr Farrington said when he first moved to Oregon over 20 years ago, he worked for Willamalane and developed a Comprehensn e Parks Plan at that time. Subsequently, in 2004 and 2W 2,the concept of hay ing a large open space in this part of Springfield has been matured, developed and adopted tw ice by Lane County and City of Springfield The voters of Springfield and Willamalane adopted a bond measure to support this undertaking and acquire this property. Ile encouraged the Council and Board to adopt this proposal to keep faith with the voters of W illamalanc, Springfield and residents of Lane County who are looking forward to enjoy ing this natural arca. Mayor Lundberg asked if there was anyone wishing to speak who were neutral to the proposal. Mayor Lundberg asked if there was any one w fishing to speak in opposition of the proposal. 1. Michael Tomcal, Springfield, OR. Mr. Tomcal said he was in opposition He read from a letter that was also submitted to the Council and Board of Commissioners, The Tomcal family owns housing and property in the area affected by plans to rezone and add a hillside public park. They are residents of the area and are opposed to rezoning and application of land as public park area. The letter outlines concerns regarding fire and safety, conflicts with a residential area in the setting of a proposed public park, and the potential liabilities for the City of Springfield and Lane County if these concerns are not adequately addressed. (see attached letter) Ms Kraaz said the written testimony will be entered into the record. Mr. Limbird said he would defer to the applicant to address the concerns expressed by Mr. ]omcal He noted that Mr. Adams indicated that Willamalane has prepared a Management Plan for the area Typically, this type of information on emergency response and how the land w ill be administered and monitored is outlined in that Plan This does not address the criteria,but does address neighborhood design mostly outside the subject property. That doesn't discount the concern, but could be addressed through site plan and with the Springfield Police and Transportation departments. Mr Adams said Willamalane's existing Management Plan, which was a requirement with the purchase from the Bonneville Power Administration, includes a y ariety of different actions and strategies for restoration and active fuels reduction programming Willamalane recently secured funding from the ODF to conduct fuels reduction activities within the overall acreage That will continue to be the case over the course of Willamalane's management of the property. That also includes improving the existing access road network for emergency response. Maintenance of those roads will be ongoing.As they work towards managing the overall area in relation to its context to the adjacent neighborhoods, opportunities for building in fire breaks will be part of those activities. Having already secured funding for those efforts, increases the opportunity to secure more funds in the future to continue those efforts, Councilor Moore asked if there was any management plan from prey sous owners when the property was logged City of Sprngfield City Council and Lane Counts Board of Commissioners Joint Elected Officials Public I Searing Minutes September 18,2U 17 Page 9 Mr Adams said Weyerhaeuser was the ON of a substantial portion of the property,but he is not aware of what may hay e been included in their management plan. Through forest practices,a management plan would have been a requirement. There should he some continuity w ith that plan, although the focus is different because of the different use Commissioner Sorenson asked when the vote was held in Springfield and Willamalane. Mr.Adams said a$20M bond measure was passed in 2012. A portion of those funds was specifically to purchase acreage in Thurston Hills and subsequent impro%ements of[railheads Since passage of the bond, Willamalane used those funds to but the land Commissioner Leiken asked if the bond measure specifically identified Thurston Hills Mr Adams said it did. Commissioner Farr said he understood Willamalane was constructing a parking lot inside city limits. Ile asked about the southern terminus of South 72nd Street and if there would be parking at that location. Mr.Adams said people can park on the street,but the parcel at that location is not owned by Willamalane. Anyone accessing the trail through that property would be trespassing Commissioner Fan-thanked Mr and Mrs. Tomcat for testifying Mayor Lundberg closed the public hearing for the Springfield Council IT WAS MOVED BY COUNCILOR VANGORDON WITH A SECOND BY COUNCILOR WOODROW TO CLOSE THE PUBLIC RECORD. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. (2 ABSENT-WYLIE AND STOEHR) Commissioner Fan-closed the public hearing for the Lane County Board IT WAS MOVED BY COMMISSIONER BOZIEVICH WITH A SECOND BY COMMISSIONER WILLIAMS TO CLOSE THE PUBLIC RECORD. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. Discussion was held regarding leaving the public record open. It was noted that no one made a request during the public hearing to leave the public record open. The Council and Board concurred that they would meet separately to conduct deliberations and take action at a later date Ms Bell said the City may consider this during their October 2, 2_017 Council meeting to enable the Board to decide on this matter after the City has made a decision. The Board would need to set a third reading of the ordinance Because the original maps included the parcel that has since been annexed to the City,the Board could ask staff to revise the ordinance with updated maps in time for the third reading. IT WAS MOVED BY COMMISSIONER BOZIEVICH WITH A SECOND BY COMMISSIONER LEIKEN TO APPROVE THE SECOND READING AND SETTING A City of Springfield City Council and Lane County Board of Commissioners Joint Elected Officials Public Hearing Minutes September 18,2U17 Page 10 THIRD READING AND DELIBERATIONS FOR OCTOBER 17,2017 AND DIRECTING STAFF TO BRING REVISED MAPS WITH THE ANNEXED PARCEL REMOVED.THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. Ma}or Lundberg confirmed the City Council would hold the second reading and vote on the proposed ordinances during their regular meeting on October 2. 2017 ADJOORNMENI The meeting was adjourned at 7.55 p.m. by Springfield City Council and Lane County Board of Directors Minutes Recorder—Amy Sowa ; / `' •Christine L. Lundberg Mayor Attest: Amy Sow i (2.y� City Recorder To the members of the Springfield City Council and Lane County Board of Commissioners The Tomcal family owns housing and property in the area affected by plans to rezone and add a hillside public park. We are residents of this area and we oppose the rezoning and application of land as public park area. In this letter, we outline issues concerning fire and safety, conflicts with a residential area in the setting of a proposed public park, and the potential liabilities for the City of Springfield and Lane County if these concerns are not adequately addressed. The first issue is the lack of monitoring in the proposed areas and the associated risks to safety. As reported in the media news it is evident that one firework can destroy the entire residential and forested area.There are several concerns the City of Springfield and Lane County Board of Commissioners need to consider. The ability and resources to monitor the area are insufficient. As we have over five acres in the area, we have found evidence of continued trespass by illegal hunting by individuals.They have built traps, forts, staging areas, etc. to presumably hunt deer and other game. Of course, this is against the law, but no enforcement of the law can happen without the necessary monitoring. The City of Springfield and Lane County have provided no law enforcement. Under the proposal for the use of public parks, we do not believe the City of Springfield or Lane County will appropriately monitor the area for law violations placing home owners at risk. The proposition fails to address fire risk and prevention. As residents at the apex of South 72" Street we have witnessed blatant neglect of safety concerns for all of the residents in the southern most residential area. Currently there is only one road to allow passage in and out of this area (South 72" Street).There have been many proposals in the past to cut a road through to the west to allow another alternate street of ingress and egress. Below, are several points that have been unaddressed and ignored by the City of Springfield for over twenty years. 1) The narrowing of South 72" Street at the southernmost residential area is clogged with congested parking, making it difficult to leave the area under normal circumstances.There is often not enough room for more than one car at a time to use the public street. In the event of a fire or emergency the residents would be at risk of severe injury or death due to an inadequate evacuation route. 2) There is ONLY ONE way in and out of South 72" Street.This is a huge safety issue as fire could impact all the residents fleeing from smoke and fire These two issues compound the most severe issue: How will residents make a safe evacuation while firetrucks and police are approaching the area in an emergency?There is not enough street space for residents to safely evacuate, let alone room for firetrucks and police to approach the area. Secondly, the rezoning of a residential area has issues that deserve a response from the City of Springfield and Lane County Board of Commissioners. 1) How will the City of Springfield and Lane County address any illegal activity in the public park, such as illegal camping? How will you monitor it? How will you prevent sanitary issues from affecting people and the ecosystem in the area? 2) How will you prevent trespass into residential areas and the resulting potential for damage and loss of property? 3) How will you monitor to prevent mischief and burglary in the area? Lastly, as taxpaying citizens of the City of Springfield and Lane County, we believe the city and county should seriously consider the liability of this proposed project. As these issues are raised the potential liability for the City of Springfield and Lane County increases: 1) Without proper safety, monitoring, and adjustments to the current conditions, the City of Springfield and Lane County risk major lawsuits for property damage and loss of life or limb. 2) The real potential for loss of property value in relation to not acting on these risks is further potential liability to the City of Springfield and Lane County; it is negligent for both governing bodies to ignore these risks What is more concerning, is some of these issues have been previously brought to the City of Springfield. No action to remedy these issues has ever been put into place by the City of Springfield! In closing, we oppose the use of land for public parks and rezoning in this residential area.Too many concerns are not addressed and the risks to taxpayers are elevated by potential lawsuits. Given many of these issues have been brought before the City of Springfield in previous years, this is negligence and bad faith on behalf of the City. Defending these unnecessary liabilities and negligence will only result in higher taxes for all of the citizens of Springfield and Lane County. The tax paying citizens of Springfield should not have to pay for this reckless course of action with potential liability We have consulted our attorneys and will continue to monitor this situation as it proceeds. This letter is on file with them.The attorneys we employ are in agreement with our concerns. Very truly yours, Michael P and Cecilia K Tomcal 7217 Holly Street Margaret C. Tomcal 7215 Holly Street