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HomeMy WebLinkAbout12/07/2009 Regular City of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, DECEMBER 7,2009 The City of Springfield Council met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, December 7, 2009 at 7:00 p.m., with Mayor Leiken presiding. ATIENDANCE Present were Mayor Leiken and Councilors Ralston, Lundberg, Wylie, Leezer, Simmons and Pishioneri. Also present were City Manager Gino Grimaldi, Assistant City Manager Jeff Towery, City Attorney Bill Van Vactor, City Recorder Amy Sowa, and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Leiken. SPRINGFIELD UPBEAT 1. Citizen Appreciation - Don Gilbert. Police Chief Jerry Smith introduced Nancy Savage from the FBI, and Mr. Don Gilbert who was at the meeting with his wife. On October 30, 2009, a male suspect committed a robbery at the Register Guard Credit Union located at 850 Belt Line Road. Police Detectives had been unsuccessfully searching for this individual since the October 23, 2009 bank robbery at the Umpqua Bank on Mohawk in Springfield and a subsequent robbery of the Chase Bank on South Willamette in Eugene on October 26, 2009. Mr. Don Gilbert was conducting a transaction at the Register Guard Credit Union when he . observed the suspect at a nearby teller station. Raised voices garnered his attention and Mr. Gilbert realized that the man was committing a robbery. After the suspect removed money from the cash till, he moved toward the exit. Mr. Gilbert grabbed the suspect by the sweatshirt in an effort to keep the suspect from leaving the bank. The suspect began flailing at Mr. Gilbert in his effort to escape. Mr. Gilbert realized that his action may not be safe and released his hold of the suspect who fled on foot. Mr. Gilbert entered his car and followed the fleeing suspect. He came across two security personnel for Symantec and informed them of the bank robbery. Shortly thereafter, Springfield Police Officers arrived and with the deployment of a K-9 team, located the suspect hiding in bushes north ofInternational Way and the Symantec complex. The capture of this suspect is a direct result of the action of Mr. Gilbert and his willingness to become involved. This was the third bank robbery perpetrated by this suspect in a two week period and his arrest likely prevented addition criminal acts. City of Springfield Council Regular Meeting Minutes December 7, 2009 Page 2 The Springfield Police Department wanted to extend its gratitude and appreciation for the willingness of Mr. Gilbert to be an involved citizen and cause the arrest of a criminal who was determined to continue criminal conduct. Chief Smith presented Mr. Gilbert with a plaque acknowledging his assistance in capturing the bank robber. Ms. Savage presented Mr. Gilbert with a coffee mug from the FBI, thanking both Mr. Gilbert and the Springfield Police Department. Mr. Gilbert said he was very impressed with the quick action ofthe Springfield Police Department and especially their K9, Breck. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR LUNDBERG TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims 2. Minutes a. November 16, 2009 - Work Session b. November 16, 2009 - Regular Meeting c. November 23,2009 - Work Session 3. Resolutions a. RESOLUTION NO. 09-51 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD COMPETITIVE BIDS EXCEEDING $35.000. REQUESTS FOR PROPOSALS. OTHER PERSONAL SERVICES CONTRACTS EXEMPT FROM BIDDING REQUIREMENTS UNDER THE PURCHASING REGULATIONS. AND APPROVE AMENDMENTS TO PUBLIC CONTRACTS DURING THE PERIOD OF DECEMBER 8. 2009 THROUGH JANUARY 18.2010 WHILE THE COMMON COUNCIL IS IN RECESS. b. RESOLUTION NO. 09-52 - A RESOLUTION TO ACCEPT PROJECT P2038 1: HARLOW ROAD LIFT STATION FROM EMERY & SONS CONSTRUCTION. INC. IN THE AMOUNT OF $3.663.775.03. 4. Ordinances 5. Other Routine Matters a. Acceptance of the Bid from C&K Petroleum Equipment Company for the Regional Fuel Facility Upgrade Project - Phase 1. City of Springfield Council Regular Meeting Minutes December 7, 2009 Page 3 b. Allow Utility Relocation Construction Activities Outside of the Hours of 7 a.m. and 6 p.m. with Conditions as Described in Attachment 1 Gateway/Beltline Intersection (P20474) for Work in Preparation of this Joint Springfield/ODOT Project. c. Approve the Contract Renewal of Municipal Court Judge Pro- Tem Richard Curtis for the Period Ending June 30, 2010. d. Approval of Liquor License Endorsement for Jalisco Restaurant Mexicano, 1537 Mohawk Blvd., Springfield, Oregon. ITEMS REMOVED 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. Proposed Amendments to the Metropolitan Wastewater Management Commission (MWMC) System Development Charge (SDC) Methodology. RESOLUTION NO. 09-53 - A RESOLUTION OF THE CITY OF SPRINGFIELD COMMON COUNCIL ESTABLISHING A NEW METHODOLOGY FOR THE REGIONAL WASTEWATER SYSTEM DEVELOPMENT CHARGE AS SET FORTH IN THE SPRINGFIELD MUNICIPAL CODE Environmental Services Manager Ron BittIer presented the staff report on this item. During the budget ratification process in May of 2008, both the Lane County Board of Commissioners and the Eugene City Council asked MWMC to review its methodology to ensure SDCs capture full recovery of capital expenses in a manner that achieves equity between newly connected and previously connected users. This objective was specifically called out in the MWMC Intergovernmental Agreement (IGA) under Section 3(t) (4). Additionally, the IGA in Section 8(c) obligated the Governing Bodies to adopt sewer user charges and system development charges and impose such charges on behalf of the Commission at the rates and amounts recommended by the Commission. In July of 2008, the MWMC contracted with Galardi Consulting to review the MWMC SDC methodology. At the October 2008 MWMC meeting, staff presented five elements which could be modified including: project re-costing, compliance costs, financing costs, rate-supported credit, and the SDC assessment schedule. The Commission directed staff to further review the proposed changes and it was determined that project re-costing would not be included in the proposed amended methodology. During the June 2009 MWMC meeting, all four elements were presented to the Commission and staff was directed to move forward with the SDC methodology update and to begin the public involvement process. Written notice was sent to all individuals listed in the MWMC Interested Parties list on June 10,2009. In addition, the MWMC held a public hearing on September 11, 2009, at which no testimony was received. At the September 11, 2009 MWMC meeting, the Commission approved Resolution 09-15 approving the amended MWMC SDC methodology and directed staff to take the amended methodology to the Cites of Springfield and Eugene for adoption and implementation in City of Springfield Council Regular Meeting Minutes December 7, 2009 Page 4 accordance with the MWMC Intergovernmental Agreement. On November 23, 2009, the Eugene City Council held a public hearing, at which no testimony was received, and adopted a resolution accepting the changes to the MWMC SDC Methodology. At the Springfield Council's November 23rd work session, staff presented the methodology changes recently approved by the Commission. Council was requested to conduct a public hearing on the proposed amendments on the MWMC SDC Methodology and consider taking action on the resolution after the public hearing. Mr. Bittler noted that most of the projects required by regulatory statutes had or would be completed by December 31,2009, as required by the Federal government. If adopted, the proposed fees would be implemented on January 1,2010. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. IT '''AS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR LUNDBERG TO ADOPT RESOLUTION NO. 09-53. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Public Hearing and Proposed Sale of City Owned Former Oregon Department of Administrative Services (DAS) Property in Glenwood~ Community Development Manager John Tamulonis presented the staff report on this item. Through a loan from the City, Springfield Economic Development Agency (SEDA) funded the $700,000 purchase of three surplus parcels from the Oregon Department of Administrative Services (DAS). City ownership was recorded July 31, 2009. As condition of sale, the City required easements to protect drainage ways and wetlands, cross-over access among parcels with access to Franklin Boulevard via motor-pool driveway, and possible future need to dedicate additional right-of-way along Franklin Boulevard (Attachment 1 ofthe agenda packet). The Proposed Sale offered two of the parcels and city lease with Hamilton Construction to Mr. Al Patel for $700,000. Mr. Patel owned the property between the two parcels the City had offered to sell him. Attachments 2 and 3 of the agenda packet were appraisals done in 2008 for the City and DAS for the two offered properties. They indicated simple market values totaling between $640,000 and $660,000 for the two parcels. The City lease with Hamilton Construction during Willamette River Bridge construction for the two properties (Attachment 4 of the agenda packet) ran from October 1,2009 to September 30,2011 at $1225 monthly, with two possible one-year extensions. Attachment 4 also included a lease income summary with present value calculations for the total rent with extensions. City received a Preliminary Title Report by Evergreen Title Company showing it would write Title Insurance for the properties Map 17033433 Tax Lot 500 and Map 17033344 Tax Lot 100 within the south 3300 block of Franklin Boulevard in Glenwood. City of Springfield Council Regular Meeting Minutes December 7, 2009 Page 5 The City had an access easement to the properties from Franklin Boulevard and the deed after sale would include additional access easement connecting the east and west parcels across Mr. Patel's intervening parcel. The lease with Hamilton for these two parcels had a potential present value, including two one-year extensions, of between $56,710 and $57,300 based on discount rate used (Attachment 4 of the agenda packet). The potential total range of value of the two properties plus lease was $696,710 to $717,300. These values diminished by the sale-required easements, reservations, and exceptions restricting use (depicted in Attachment I ofthe agenda packet) for drainage/wetlands (about 10,000 square feet), crossover access (about 3,600 square feet), and potential future right-of-way dedication along Franklin Boulevard (about 1,400 square feet). Councilor Ralston asked if Mr. Patel owned the home on the property. Mr. Tamulonis said there were two homes. The first was leased out by Mr. Patel and the other was being used by Hamilton Construction. Councilor Ralston asked about an access driveway. Mr. Tamulonis explained the current access and the proposed access which would be moved east. Because this was an ODOT highway, there were limits on the number of trips that could go in and out of the access. The access location could be moved so it didn't interfere with the house. Councilor Pishioneri asked about ownership of Tax Lot 200. Mr. Tamulonis said part of it would be retained by the City for drainage and wetlands protection. The City would also have access across Tax Lots 100 and 500. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR LUNDBERG TO APPROVE THE CITY MANAGER SIGN A SALE AGREEMENT TO SELL THE FORMER DAS PROPERTY, INCLUDING LEASE, TO MR. AL PATEL. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 3. Adoption of Springfield Residential Land and Housing Needs Analysis, Case Number LRP2007 -00030. RESOLUTION NO. 09-54 - A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ADOPTING THE 2009 PRELIMINARY SPRINGFIELD RESIDENTIAL LAND AND HOUSING NEEDS ANALYSIS. FULFILLING ITS STATUTORY OBLIGATION TO "COMPLETE" THE PRELIMINARY INVENTORY. ANALYSIS AND DETER.M:INATION BY JANUARY 1. 2010. Planning Supervisor Linda Pauly presented the staff report on this item. On November 16, 2009 the City Council conducted a public hearing to receive testimony on the Springfield Residential Land and Housing Needs Analysis. The hearing was continued to allow additional time for City of Springfield Council Regular Meeting Minutes December 7, 2009 Page 6 consideration of refinements to constraints data. The Analysis had been updated in response to the refinements. The study indicated that 5,980 additional units would be needed to provide a 20-year supply of housing to meet Springfield's needs and that the housing mix (single family vs. multi-family dwellings) would need to change to meet shifting population demographics. The study provided technical analysis to determine the amount ofland that would be required to provide for the needed dwelling units, based on the inventory ofland available under existing Metro Plan residential designations, Plan policies, and statutory provisions for making such a determination. The study indicated that a significant portion of Springfield's vacant residential land was constrained by steep slopes, wetlands and/or riparian resource areas. Since the November 16, 2009 hearing, staff and the City's consultants ECONorthwest conducted additional analysis to review the data used to identify the slope constraints presented in the draft RLS. Attachment 2 of the agenda packet provided a memorandum that summarized (1) the new data and methods used for the revised RLS, and (2) areas where substantial revIsions occurred between the August draft RLS and the December draft RLS. Since the residential inventory was conducted, a new data analysis tool called LiDAR had become available. This tool allowed for a more precise determination of topographic constraints (5 meter vs. 10 meter contours). The Residential Land and Housing Needs Analysis had been revised to incorporate these data refinements and to correct inconsistencies in the slope constraints data. The revised analysis resulted in the following changes: · The revisions indicated that Springfield had a small overall surplus of residential land (59 acres). The August draft indicated a 344 acre deficit. · The revisions showed the Low Density Residential designation had a surplus of approximately 72 gross acres. The August draft indicated a deficit of 293 acres in the LDR designation. Note that this did not include deductions for the Hillside Ordinance. · The revisions showed the Medium Density Residential designation had a surplus of approximately 18 gross acres. The August draft showed a d~ficit of 15 acres. · The revisions showed the High Density Residential designation had a deficit of approximately 34 gross acres. The August draft indicated a deficit of 35 acres. · The total residential land surplus was 59 gross acres. The Study concluded that the available supply of residential buildable lands in Springfield and the metro urban area east ofI-5 did not fully meet Springfield's projected 20-year residential land needs under current plan designations and policies. Springfield would decide how to address the deficit as well as other urban land needs (public, commercial, industrial, recreational, etc.) as it moved toward meeting its statutory duty to establish its own UGB. Staff presented the updated information to the Planning Commission on December I. All of the information and a weblink to the information was sent to all those that testified during the November 16 public hearing, as well as to all interested parties. Staff received some additional testimony that was distributed to the Mayor and Council. All items had been entered into the record for tonight's decision. Ms. Pauly introduced Al Johnson from Johnson Sheraton who was present in the audience~ Mr. Johnson was a contract attorney who had been working with staff on this item. Tonight's decision was preliminary and would be part of a final land use decision when the Council adopted the Springfield 2030 Refmement Plan. At that time, it would be a final land use decision and would City of Springfield Council Regular Meeting Minutes December 7, 2009 Page 7 go through the public process. The reason the City was having the public hearings on this part was to allow citizens to bring up questions so staff could provide the best possible information to the Council as they moved forward. Ms. Pauly noted that Bob Parker from ECONorthwest was also in the audience and available to answer questions. Mayor Leiken continued the public hearing which was opened on November 16,2009. 1. Laura Potter. HomeBuilders' Association (HBA), 2053 Laura Street. Springfield. Oregon. Ms. Potter said the HBA advocated for the land study and had reviewed the current data and seen the numbers. They would continue to look at the numbers as work continued in this process. Action tonight was not a fmalland use decision, but was a preliminary step to that land use decision. This would be revisited again and the fmal decision would still be a few months away. If new information came to light, which they believed it would, it needed to be considered by all involved. She asked the Council to take action tonight to comply with HB3337 so they could move forward with this process. HBA would continue to look at the numbers and data. 2. Michael Farthing. P.O. Box 10126. Eugene. Oregon. Mr. Farthing said he represented Gordon Webb, who owned approximately 600 acres in southeast Springfield, about half inside the urban growth boundary (UGB) and about half outside. Mr. Webb was very interested in this process. Mr. Farthing said he was not sure what was going on with this process. The document presented to Council at this meeting showed there was an oversupply of residential land for the next twenty years. That was a complete change from the document they saw in November and he felt that was outrageous. This study had been going on for four years, and he had only six days to respond to these new figures and he was disappointed. City staff and lawyers had told them this was not a fmal decision. He referred to Mr. Johnson's memo, section 5 and felt his statement meant this was a fmal decision. If Council adopted those numbers today, that would determine what they took into the next phase. They could say it was not binding, but that was not occurring. He suggested using the initial inventory from November if this was not binding. This was an a...1:, not a science, but was being treated as if it was a science. Council made the assumptions and determined how they were analyzed. He referred to Mr. Johnson's memo, section 2, which referenced LUBA and DLCD. He asked if they had received direction from LUBA or DLCD on how to conduct this study. He referred to Mr. Johnson's memo, section 3 which referenced the deadlines established by the PAPA statute and HB3337 to allow for meaningful citizen participation. He didn't feel there had been time for meaningful citizen participation. Eugene wasn't going to meet the December 31 deadline, so he asked why Springfield was rushing around to meet it. He again suggested Council adopt the figure from November. 3. Teresa Bishow. Representing Arlie and Co.. 2911 Tennyson Ave.. Suite 400. Eugene. OR. Ms. Bishow distributed a copy of her testimony to the Mayor and Council and staff. Arlie and Co. was a family owned development company with strong community ties. They had demonstrated their ability to design and construct sustainable, green building projects that provided jobs, housing choices and densities that supported transit. As the City had been working on the buildable land inventories, their company had been working on a design for a new mixed-use urban village depicted in the 1999 Jasper Natron Plan. She was here to encourage the Council as they moved forward to determine Springfield's UGB and any. needed plan amendments or changes of zoning to address deficiencies in the land supply, that the project include three components: (I) Identify lots designated for residential use that were City of Springfield Council Regular Meeting Minutes December 7,2009 Page 8 constrained by zoning regulations. The Residential Lands Study (RLS) considered physical constraints, but did not consider cases where there was conflict between the plan designation and zoning. She provided an example ofland owned by Arlie and Co., which was identified on Map 3-1 (Attachment I, page 19 of the agenda packet). The City should examine the extent this problem existed within the UGB and make a judgment which way it should go. (2) Design a strategy to resolve plan/zone conflicts to ensure that residentially designated sites were actually available for residential development. Typically cities had land that was waiting for the right moment to be rezoned. In cases where land was zoned for agricultural use, there was minimal risk they would close the opportunity of later development; and (3) Acknowledge work completed on the Jasper Natron Plan and implement proposed changes in plan designation and zoning. The Jasper Natron area represented the largest UGB area outside a city in the State of Oregon al1d was a significant growth area for the community. Arlie had invested in Springfield in anticipation that they would continue to embrace the creation of a dynamic mixed-use area at a future key intersection ofthe Bob Straub Parkway. Their fifteen acre site was identified for a mix of commercial and high-density residential uses. She did not testify when the figures showed a larger deficiency in high density residential, but felt with the new figures it was important to speak. She encouraged the Council to design strategies that considered ways to address the deficiencies in the buildable lands inventory taking into account the Jasper Natron plan. She thanked the Mayor and Council for the opportunity to provide comments on the revised draft RLS and said Arlie and Co. looked forward to continuing to invest in the future of Springfield. Mayor Leiken closed the public hearing. Mayor Leiken reminded the audience the reason the City worked on HB3337 was to have our own UGB. This was Springfield's destiny. The City was putting together our own residential lands study, and were also working on our commercial and industriallan.d (CIBL) study. The City staff and the consultant caught a mistake, and it was important that the City was legal in this matter. Mr. Farthing had asked if the City had talked with DLCD. Staff had talked with DLCD throughout this process and wanted to make sure we were legal. This Council had done something that was one of the most important pieces this City would see in the years to come. Springfield was now in charge of our own destiny; we could receive public input and make our own decision. The CIBL study was yet to come. There was disappointment when he learned of the change in figures, but there would be periodic review as the City moved forward with this process. This was the first study on our own without Eugene. A mistake was made and was caught. He appreciated the comments from Mr. Farthing who represented a client that was important to the community. Looking ahead to the future, he felt this Council made the right decision on HB3337. Councilor Ralston spoke regarding Ms. Bishow's comments and asked how the 15 acres she referred to in Jasper Natron was inventoried in this study since they were zoned incorrectly. Ms. Pauly said that example was known as plan zone conflict. The inventory was based on the Metro Plan designation. If someone wanted to do a development and they had a plan zone conflict, they would come before the Planning Commission to request an amendment to the zoning. The City offered City sponsored zone changes three times a year. Staff was conducting analysis of plan zone conflicts and met with the Planning Commission on this issue last week where they received approval to go ahead and try to resolve plan zone conflicts in the City as part of the 2030 Refinement Plan process. Those would be coming to Council at that time. City of Springfield Council Regular Meeting Minutes December 7, 2009 Page 9 Councilor Wylie said she had a few concerns. The figures were radically different than what had been presented previously. It made her nervous to approve this so quickly and she had doubts about the changes. There hadn't been time to digest the changes. She asked what would happen if this was not done by the end of December. Mr. Johnson said it had been good to work with Springfield staff and staff from DLCD. No one had a handle on how this was supposed to work together. They were dealing with a new statute and case law. Something needed to be done by December 2009, yet it was only a benchmark, not. a fmalland use decision. The City was obligated to continue to consider additional information as it came in to the City. Eugene would accept a draft at this point and try to get to the same point as Springfield by April 20 1 o. The fmal decision would not be done until the City and County adopted the fmal UGB. Based on the statute and advice from the DLCD and LUBA decisions, this decision and determination before Council tonight was one that put the City in the position to move into the next phase, but would remain an open decision until the final decision on the UGB. He felt it was important to take this action because the legislature gave the cities deadlines. Both cities were meeting those deadlines in different ways. Because the statue was adopted, both cities had done a lot of updating that might not have otherwise been done. The Citywas at a point where they could plan knowing the real issues. Springfield had chosen to move a little faster in the process. Eugene hadn't held any public hearings, but may have those between now and April. Springfield was the beneficiaries because they had started that process, and also felt some adverse consequences from going forward. Mr. Johnson reassured the Mayor and Council, and Mr. Farthing, that in making a decision tonight, the Council was not closing any doors. This decision would not be reviewable by the DLCD or LUBA as a final decision at this point. The fact that there was a deficit in one of the categories allowed them to move forward to the next phase. He referred to the reference to that in his memo. They had been told that when they moved into that next phase, the City would continue to review all aspects of their earlier phases, including population projections, according to DLCD. Tonight's resolution had been revised by removing language that could appear that their decision was a fmal decision. He hoped the City would create opportunities for the hearing to be re-opened and continue to accept information. Staff hoped to get more information regarding all the figures in the study, such as those pertaining to slopes and parks. There were different ways to approach this and Eugene had used a different set of criteria than Springfield. The City of Eugene was scheduled to accept their draft on Wednesday, December 9. Councilor Wylie said that was good information and made her more comfortable in voting tonight. She would like some assurances that the figures were checked and rechecked before this process was complete. Mr. Johnson said Council could give staff a time to get back to them with confIrmation that they had revisited the figures. Eugene was looking at doing that by April, and Springfield could do the same. Councilor Pishioneri asked if their decision tonight would be against State statute. He was not comfortable voting on something that went against State statute. Mr. Johnson said adopting this as a provisional document was only stating that they were adopting this as a provisional determination, and was not contrary to State law. City of Springfield Council Regular Meeting Minutes December 7, 2009 Page 10 Councilor Simmons said not adopting this could allow action to be taken ifthe City didn't meet the deadline. Taking action tonight met the statutory requirements. If they didn't, there could be consequences. Mr. Johnson said he was trying to avoid asking and answering questions that were not known. He doubted that missing the deadline would mean Springfield could no longer go for their own UGB. He referred to SB 1 00 and the time it took to put those requirements in place. In that case, the determination from the Attorney General was that the deadline was directory rather than mandatory. He felt that was probably the case with HB3337. He couldn't say what a court would say regarding consequences of not taking action because the statue didn't say. Councilor Wylie said her understanding was that if the Council passed this, the City could move ahead with some of the other things that come next. It still stayed open arid Council could request a complete review of this in April. They could change it if they had to and that was important. She didn't want to act on something that was incorrect. Changes could be made later on if they approved this tonight, and the City stayed in compliance to move ahead. Mr. Johnson said that was his underst:mding as well. The City was free to re-open the hearing at any time and he hoped citizens would take advantage ofthat window. Mayor Leiken said he wanted staff to continue to communicate with the citizen advisory committee (CAC). There was a great core group of people from all walks oflife that served on that CAC, and he didn't want to disappoint people so they wouldn't want to volunteer in the future. He asked staffto keep the CAC up to speed on what happened, what the next steps were, and why the Council voted on this tonight. He wanted the CAC members to know there was some flexibility involved. It was important for them to hear that. IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR LUNDBERG TO ADOPT THE ALTERNATE VERION OF RESOLUTION NO. 09-54. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE 1. Steve Hoffinan. 925 G Street. Springfield. OR. Mr. Hoffinan said he was here on behalf of Lane Forest Products. Lane Forest Products was interested in developing land they purchased in Springfield adjacent to their 42nd Street property. He understood the topic of fees had been discussed during Council's work session, but he was not able to attend that meeting. Lane Forest Products hired Olson and Morris to submit a tentative site review. The total for that review was going to be $49,597. Mr. Hoffman's original inclination was that this figure was incorrect. He called the City and was told Springfield was an expensive place to develop. He was disappointed with that response. Lane Forest Products had done a lot of work on this site, including an LDAP review in 2004 and two bioswales. They wanted to asphalt the property and put in an office so they could provide more products and services to Springfield. They were a local business and the costs made it very difficult for their business. To do the same project in Eugene, the cost would be less than $5000. He asked that the City didn't justify their position, but try to bring these costs and fees to a reasonable amount. Based on conversations he had prior to the Council meeting, it sounded like Council was actively working on this, and that was appreciated. City of Springfield Council Regular Meeting Minutes December 7, 2009 Page II COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence from Lori Ellington, Springfield, Oregon, Regarding the Local Improvement District (LID) off Cherokee Drive. IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR LUNDBERG TO ACCEPT THE CORRESPONDENCE FOR FILING. THE MOTION PASSED Wn;H A VOTE OF 6 FOR AND 0 AGAINST. Mayor Leiken commented that it was a very nice letter. BIDS ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Community Development Advisory Committee (CDAC) Appointment. Planning Supervisor Linda Pauly presented the staff report on this item on behalf of Housing Manager Kevin Ko. There were three vacant positions on the CDAC. The vacancies were the result of term expirations of Andrea Ash, Erin Lynch and Gerald Strebendt. At the November 23, 2009 work session, Council reviewed three applications, and recommended all three applicants to fill the CDAC vacancies. The CDAC consisted of six at-large positions from the community, one representative from the City Council and one representative from the Planning Commission. The CDAC advised the City Council on all matters related to the City's housing and community development activities which were funded annually by Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) funds received from HUD. Applications were encouraged from lower income earners, residents of lower income neighborhoods, racial and ethnic minorities, senior citizens, disabled individuals and female heads of households. All applicants must live within the city limits or urban growth boundary of Springfield. All vacancies were for at-large positions which would expire on December 31,2013. Three applications were received for consideration, and recommended for appointment by the Council on November 23,2009. Staffwas requesting that Council appoint Tim Vohs, Hadee Sabzalian and Michael Heckard to the CDAC. IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR LUNDBERG TO APPOINT TIM VOHS, HADEE SABZALIAN AND MICHAEL HECKARD TO THE CDAC WITH TERMS TO EXPIRE DECEMBER 31,2013. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . City of Springfield Council Regular Meeting Minutes December 7, 2009 Page 12 2. Business from Council a. Committee Reports - there were none. b. Other Business I. Mayor Leiken noted that a request had come forward from a citizen several weeks ago asking that the Mayor and Council encourage state legislators to support an Animal Friendly License Plate. A formal vote was needed in order to submit the letter from the full Council to the state representatives. Councilor Ralston asked who would receive the letter. City Recorder Amy Sowa said it would be sent to Representative Terry Beyer and Senator Bill Morrisette. IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR LUNDBERG TO SEND THE LETTER TO REPRESENTATIVE BEYER AND SENATOR MORRISETTE SUPPORTING AN'ANIMAL FRIENDLY LICENSE PLATE. Councilor Ralston said the letter just recommended that the representatives look at creating a special license plate with funds helping with animal control. Ms. Sowa said the example from the citizen was from Maine. In that state, the funds were used for the State Welfare Program. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE CITY MANAGER 1. Willamalane Park and Recreation District Willamette Middle Fork Path. RESOLUTION NO. 09-55 - A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE CERTAIN AGREEMENTS AND CERTAIN DOCUMENTS CONVEYING CERTAIN PROPERTY INTERESTS OVER PROPERTY OWNED BY THE CITY OF SPRINGFIELD TO WILLAMALANE PARK AND RECREATION DISTRICT TO FACILITATE CONSTRUCTION OF THE WILLAMETTE MIDDLE FORK PATH AND SETTING AN EFFECTIVE DATE Assistant Public Works Director Len Goodwin presented the staff report on this item. In May 2009, Willamalane Park and Recreation District staff met with Council and provided an update on the Middle Fork Path. Willamalane Park and Recreation District had requested that the City grant certain property rights necessary to facilitate construction of the Willamette Middle Fork Path. City of Springfield Council Regular Meeting Minutes December 7,2009 Page 13 City staff and Willamalane staff worked together to develop easements and modifications to the Management Agreement for the Georgia Pacific (GP) property to assure that the Middle Fork Path could go forward and complement the City's Mill Race ecosystem restoration project. This cooperation extended to combining the work tasks where appropriate and allowing for use ofthe temporary construction road put in place for the Mill Race project to form the base for the Middle Fork Path. Staff requested that Council authorize the City Manager to execute the documents to grant the necessary rights. The documents were attached to the Draft Resolution and included an Intergovernmental Agreement (IGA) between Willamalane and the City concerning construction, maintenance and use ofthe path (including use by the City to maintain the Mill Race), and an amendment to the IGA between the City, Willamalane and the Springfield Utility Board, governing the management of the property jointly acquired from Georgia Pacific Company. In addition to those agreements there were two sets of easements, one covering the Georgia Pacific parcel and a second set covering the three parcels owned by the City through which the path would pass. Each set of easements included both a temporary construction easement that was roughly 40 feet wide and a 20 foot wide permanent easement. All of the documents were crafted to insure that the Path could be operated consistent with the City's obligations to preserve the Mill Race, and included provisions to assure that the Ramsey property, adjacent to the Mill Race, was protected. Staff enthusiastically supported this project and supported Council granting the necessary rights to Willamalane by authorizing the City Manager to sign the relevant documents as they are finalized. Mr. Goodwin referred to Attachment 3, page 1, which showed a map ofthe path. He referred to Attachment 2, Exhibit 3, page 5, which was a drawing that showed the best representation of all properties involved. He explained the properties. Councilor Simmons said this was a good comprehensive piece of work. He did note that it was missing the law enforcement and public safety component for the path and river park. He was concerned about public safety gaining access, and how they planned on patrolling the area. They needed to look at how they would have that presence as there were a lot of transients that lived along that area on the river. He hoped something could be put together for the future. Mr. Goodwin said the path was designed to permit emergency vehicles at two locations. Councilor Simmons said he understood the physical ability, but wanted to know about how they would be providing the service. Mr. Goodwin said it was in Lane County's jurisdiction and that of Lane Rural Fire District. Willamalane had been working with the Sheriff's office regarding patrol, but he was not sure the role of the City regarding public safety. Willamalane had been and would continue that conversation. IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILOR LUNDBERG TO ADOPT RESOLUTION NO. 09-55. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE CITY ATTORNEY City of Springfield Council Regular Meeting Minutes December 7,2009 Page 14 ADJOURNMENT The meeting was adjourned at approximately 8:14 p.m. Minutes Recorder Amy Sowa Attest: