HomeMy WebLinkAbout10/19/2009 Work Session
City of Springfield
Work Session Meeting
MINUTES OF THE WORK SESSION MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY, OCTOBER 19,2009
The City of Springfield Council met in a work session in the Jesse Maine Meeting Room, 225
Fifth Street, Springfield, Oregon, on Monday, October 19, 2009 at 6:15 p.m., with Mayor Leiken
presiding.
ATTENDANCE
Present were Mayor Leiken and Councilors Ralston, Lundberg, Leezer, Simmons, and Pishioneri.
Also present were City Manager Gino Grimaldi, Assistant City Manager Jeff Towery, City
Attorney Joe Leahy, City Recorder Amy Sowa and members of the staff. .
Councilor Wylie was absent (excused).
1. Weyerhaeuser McKenzie Nature Reserve Conveyance of Real Property to McKenzie River
Trust Subiect to Conditions for Protection of Conservation Values.
Environmental Services Manager Ron Bittler presented the staff report on this item. The Deed,
subject to conditions for protection of conservation values, helped to implement the preservation
zone of the Management Plan for the Weyerhaeuser McKenzie Nature Reserve Agreement
entered into by the City, Willamalane, and McKenzie River Trust for the 85 acres of property
f
donated by Weyerhaeuser Company in 1993. It also carried out the "Environmental Stewardship"
and "site uses and management" portions of the City's adopted "Master Plan" for the area.
The McKenzie River Trust would receive title to certain property within the preservation zone.
The McKenzie River Trust would be responsible for maintaining conservation values in the
preservation zone including forest values, side channels, McKenzie reach, wetlands, stormwater
and education.
The Trust assumed all financial responsibility and was required to defend, indemnify and hold the
City harmless from their actions on the property.
Mr. Bitt1er thanked City Attorney Joe Leahy and former Maintenance Manager Ed Black for the
historical perspective they provided to Mr. Bitt1er. He referred to the map in the agenda packet
which identified the subject property. There were a number of encumbrances, including an
easement permitting Weyerhaeuser to maintain an access road to their water intake structure in
the McKenzie River, an easement for Eugene Water and Electric Board (EWEB) for their
overhead electrical transmission lines, and an easement right-of-way for Weyerhaeuser for the
conveyance of water from the McKenzie River. In addition, there was an encumbrance for ground
water rights held by Springfield Utility Board (SUB) and Rainbow Water District.
Mr. Bittler said the planning process for this started in 2000 in cooperation with Willamalane and
SUB. Other interested parties including local property owners, City Council, and a Mayor's Task
Force completed a plan that divided the site into three geographic zones: 6 acres of recreational
zone, deemed suitable for improvements; about 28 acres of conservation zone suitable for
improvements with mitigation; and about 49 acres of preservation zone deemed unsuitable for
improvements. In 2001, the Council adopted a master plan for the oxbow area and directed staff
to comply with the provisions ofthe plan. City goals included environmental stewardship,
provisions for public facilities, site and river access, and site use and management. All of those
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Council Work Session Minutes
October 19,2009
Page 2
were to protect the environmental benefits of the property, preserve the groundwater wells,
preserve the water intake downstream, and to provide public access to the river while preserving
the natural resource value.
In October 2002, representatives from the City, Willamalane, and McKenzie River Trust began
discussions regarding the interagency relationships and long-term management of the site in order
to meet Council goals and objectives. City staff identified four key concerns: stormwater
maintenance, wetlands management, the endangered species act habitat issues, and maintenance
requirements. They also came up with concerns about transportation, risk management and
property management. Willamalane' s key issue was to provide park and recreational facilities.
The McKenzie River Trust was interested in maintenance and protection of the enhancement of
the high quality area and fish and wildlife habitat on the site.
Mr. Bittler said tonight's discussion was regarding the bargain and sale deed agreement to
provide ownership for a portion of the property to McKenzie River Trust. The McKenzie River
Trust would be subject to the protection of the conservation values and those that were
determined for the preservation zone. Those included forest values, McKenzie side channels,
McKenzie reach, wetlands, storm water, and education. Should the McKenzie River Trust fail to
comply with conditions, the City could terminate their ownership. Mr. Bittler recommended
holding a public hearing to consider approving or not approving conveyance of this property in
the Weyerhaeuser McKenzie Natural Preserve to McKenzie River Trust.
City Attorney Joe Leahy said the public hearing was necessary under Oregon law whenever a
governmental entity disposed of public property. He referred to the following in the staff report:
"Remaining work by City and Willamalane regarding the goals of Stormwater Runoff and
Recreation still requires further study and action by the City and Willamalane which will be
undertaken and completed as time and fmancial resources allow", The Council was familiar with
the efforts of Environmental Services regarding the stormwater in the City. This presented the
opportunity on one aspect of the plan that was approved by the Council and worked through with
Willamalane and McKenzie River Trust. Their first thought was to retain City ownership and
work with McKenzie River Trust to perform some of the nature functions on that property. After
consideration, they decided it would be better to deed the property over to McKenzie River Trust
subject to the conservation values because it would avoid City liability. He was able to draft
language in the deed allowing the City to take it back if the work was not done. The McKenzie
River Trust did this type of work and did it well. This deed provided that McKenzie River Trust
indemnified the City, and in the event they got into financial difficulties and wanted to transfer
this to another environmental entity to perform the functions, the City would have the ability to
step in and examine that transfer. He recommended this to the Council as it allowed the City to
achieve some of the goals in the plan. It also included some educational components for
Springfield School District 19.
Councilor Lundberg referred to Attachment 1, page 3 in the agenda packet. She asked why
School District 19 was singled out for the education piece.
Mr. Leahy said he was thinking about the TEAM Springfield members, of which the School
District was a part.
Councilor Lundberg said she didn't want to preclude other educational opportunities for other
school districts or youth organizations.
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Council Work Session Minutes
October 19, 2009
Page 3
Mr. Leahy said it would not preclude that opportunity. Council could make that comment during
the public hearing so that McKenzie River Trust would be aware of their concerns.
Councilor Leezer asked how often this would be reviewed to make sure McKenzie River Trust
adhered to the conditions.
Mr. Leahy said that would be a good question to ask McKenzie River Trust during the public
hearing.
Councilor Pishioneri asked about public access.
Mr. Leahy said there would be no public access unless through McKenzie River Trust staff. It
would be their property. Public access would be in the remainder of the property that
Willamalane would develop. This was a pristine area and was consistent with the Council goals
endorsed when the plan was developed.
Councilor Pishioneri referred to Mr. Leahy's comment that some of the goals would be met and
he asked if that meant some would not be met.
Mr. Leahy said stormwater runoff was not being met because that was a City function, and the
goal of public recreation and public trails was not being met because that would be done by
Willamalane. There would still be room for those other goals to be reached.
Councilor Pishioneri asked if this would affect water lines as far as access by boats.
Mr. Leahy said he did not know and suggested Councilor Pishioneri ask McKenzie River Trust
during the public hearing.
Councilor Simmons reminded everyone about the 42nd Street dyke, which was a flood dyke.
During the flood of 1996 it came within two feet of breaching. Whatever was done with these
parcels, the City had the responsibility to maintain that dyke. He asked who would receive credits
ifTMDL credits were achieved on this site.
Mr. Bittler said if the agreement was a sponsorship type of agreement with the McKenzie River
Trust, Metropolitan Wastewater Management Commission (MWMC) could retain the credits.
Councilor Simmons said he wanted to be sure to protect the interests of the City. He was in favor
of this conveyance and felt the McKenzie River Trust was a good organization.
Councilor Ralston asked about the public access.
Mr. Leahy said public access may not be prohibited, but that would be something to ask
McKenzie River Trust during the public hearing. If someone wandered out there and injured
themselves, it wouldn't be the City's responsibility. There were three distinct areas; one for
storm water runoff for the City; one for recreation for Willamalane; and one to be kept in a natural
and pristine condition. The City was passing that responsibility on to someone who was willing to
step up and take care of it.
City of Springfield
Council Work Session Minutes
October 19, 2009
Page 4
2. Proposed Open Banners Program in Mohawk
Assistant City Manager Jeff Towery presented the staff report on this item on behalf of
Community Development Manager John Tamulonis. SEDA's OPEN Banner Program in
Downtown Springfield had been successful with about 40 banners in place that announced
businesses were open along Downtown streets. A relatively new organization, the Mohawk
Business Neighbors (MBN), had requested that the City consider a program similar to that in
Downtown for its members in Mohawk. Staff met and discussed need for standardization, private
firms covering costs, safe siting, appropriate displays, operating and monitoring criteria, etc. The
proposed program would use private funding (no City or SEDA funding) and would require MBN
to provide oversight and monitoring. Should there be problems with the program or its operations,
Council would retain the right to remove the MBN in its role of overseeing the program, modify
the program, or, after annual review, discontinue the banner program. Attachment I of the
agenda packet contained the essentials of a program for Council to consider that was entirely
privately funded with each fIrm giving the City ownership of the standards. Attachment 2 of the
agenda packet summarized the proposed program based on the changes from the existing
program which was also summarized.
This program would be entirely funded by private businesses participating in the program. The
cost each firm would pay was estimated at $455 to cover the fIrm's banner (approximately $100)
and the City-owned standard and City installation (a Participant User Fee of$355).
Ongoing monitoring of the banner quality, display hours, safety and other issues would be done
by the Mohawk Business Neighbors. With the payment of the Participant User Fee, the City
would retain ownership of the standards, while each participating fIrm would be responsible for
their initial banner costs and any costs thereafter (including any loss of the standard) for banner
replacements, cleaning, etc. Should there be specific problems with individual firms or merely a
few businesses, the Mohawk Business Neighbors would deal with those issues and fIrms directly.
Ifthere were ongoing concerns or any major issues, the City would retain the right to revise the
program to sort out those concerns or terminate the program entirely. If put in place, the City
should evaluate the program annually to
1) assess its effectiveness,
2) determine the Mohawk firms' level of interest in continuing the program,
3) identify any problems that the program presents, and
4) determine if the program should continue.
Mr. Towery said staff would report back to Council after the program was in place for a year. He
acknowledged several members of the Mohawk Business Neighbors who were in the audience.
Councilor Pishioneri said he liked the program. He asked what the City's cost would be.
Mr. Towery said there was no out of pocket for the City.
Councilor Leezer said she had been part of the banner program while her business was
downtown. Mohawk was a thriving area. There would be no money out of pocket for the City and
she supported the program.
Councilor Simmons said he liked the banner program, and said it added a certain amount of
flavor in the area. He acknowledged City staff member Courtney Griesel for initiating the banner
program downtown.
City of Springfield
Council Work Session Minutes
October 19,2009
Page 5
Councilor Lundberg said when this was done in downtown it was for one-way traffic and
pedestrians because of the way the businesses were built. In terms of Mohawk, she would want to
consider a slightly different banner with an identifying feature so it was known it was in the
Mohawk business area. Each area should have its own identity. If that was amenable to the group,
she would prefer the sign had something identifYing the Mohawk area, but she didn't want the
cost to be too high.
Councilor Pishioneri said he would like to see banners that could identifY areas, such as the
banners that were strung over 14th near McKenzie Hospital Medical Center identifYing events. He
felt it was a great idea identifying the different areas in the City.
Councilor Leezer said the fabric was double sided and could be embroidered Mohawk District
without incurring much more expense.
Councilor Ralston said it was a great program if businesses were willing to pay for it. He asked
about the liability issue regarding skateboarders or pedestrians running into the signs.
Mr. Towery said placement of the banners and the nature of the signage did not bring about
additional liability. The staff had identified that either on the standards or on the banners there
could be something to identify the Mohawk area as an option.
Mayor Leiken said Councilor Lundberg's idea was great and identifYing the Mohawk district was
good. He noted that Joe Hawes, who had recently opened a business in Gateway, called the area
- Downtown RiverBend. He referred to an article in the Bend Bulletin from someone who visited
Springfield recently. It was a great article. He said we were one Springfield, but had different
districts. He looked forward to hearing from the members of the Mohawk Business Network.
Councilor Ralston asked Niel Laudati if he could provide the link to the story in the Bend
Bulletin. Yes.
ADJOURNMENT
The meeting was adjourned 6:44 p.m.
Minutes Recorder - Amy Sowa
Attest:
~~
Amy So
City Recorder