HomeMy WebLinkAbout02/02/2004 Regular
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City of Springfield
Regular Meeting
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY, FEBRUARY 2,2004
The City of Springfield council met in regular session in the Council Meeting Room, 225 Fifth
Street, Springfield, Oregon, on Monday, February 2, 2004, at 7:00 p.m., with Mayor Leiken
presiding.
ATTENDANCE
Present were Mayor Leiken, Councilors Ballew, Lundberg, Fitch, Malloy, Ralston and Woodrow.
Also present were Assistant City Manager Cynthia Pappas, City Attorney Joe Leahy, Clerk III
Trudy Borrevik and members of the staff.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Leiken.
SPRINGFIELD UPBEAT
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1. Human Resources Director Bill Spiry, Recognized Rita Wallace-Ostrofsky who received the
Human Rights Award as part of the annual Martin Luther King Jr. Community Celebration.
Mr. Spiry said the criteria for this award relates to the action and commitment of the
individual to the support of equality and respect. Mr. Spiry acknowledged the many
committees Ms. Wallace-Ostrofsky has served on and her many qualities which all played a
part in her receiving this award.
CONSENT CALENDAR
IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR
BALLEW, TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A
VOTE OF 6 FOR AND 0 AGAINST.
I. Claims
2. Minutes
a. January 5, 2004 - Special Work Session
b. January 12,2004 - Work Session
c. January 12,2004 - Special Regular Meeting
d. January 26,2004 - Work Session
3. Resolutions
4. Ordinances
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5. Other Routine Matters
Council Regular Meeting Minutes
February 2,2004
Page 2
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a. Approve the Purchase of Police Dispatch Center Furniture Using 2003 Local Law
Enforcement Block Grant Funds.
b. Approve the Purchase of Police Vehicles for Fiscal Year 2004.
PUBLIC HEARINGS
1. Vacation of Kathryn Street Public Right-of-Way, Between 39th and Olympic Streets
(Planning File No. LRP2003-00023), the Firm of Olson and Morris Applicants for the
Abutting Property Owners, (2).
ORDINANCE NO. I - AN ORDINANCE VACATING THE FULL WIDTH OF
KATHRYN STREET RIGHT OF WAY FROM 39TH STREET TO ITS FORMER
INTERSECTION WITH OLYMPIC STREET, IN THE CITY OF SPRINGFIELD, LANE
COUNTy, OREGON. (FIRST READING ONLY)
City Planner Jim Donovan presented the staff report on this item. The applicants initiated the
right-of-way vacation in accordance with the requirements of Section 9.010 of the Springfield
Development Code. The Springfield Planning Commission unanimously adopted a
recommendation for approval of this request based upon Staff's findings and conditions in
accordance with Section 9.030 of the code. If the council agrees with the Planning Commission
recommendation, the attached ordinance can be adopted by motion and vote.
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The requested area of vacation is an unused section of Kathryn Street right-of-way beginning just
east of the 39th Street intersection and extending to the former intersection with Olympic and 40th
Streets. The subject right-of-way was dedicated to the City of Springfield on the First Addition to
Adam's Plat in 1949. During review and approval of Hammer Industrial Subdivision, Kathryn
Street was re-aligned to intersect 40th Street south of Olympic Street and eliminate the three-way
intersection. The new street connection has been constructed and accepted by the city of
Springfield, the former right-of-way is no longer needed for public access. Remaining utilities
can be accessed by retaining a blanket easement over the former right-of-way in the vacation
ordinance. Specific easements and/or relocation of existing utilities can be addressed at the time
of future development on abutting properties.
The applicant has submitted signatures of the abutting property owners (co-applicants) and
owners of 2/3 the property in the affected area in accordance with ORS 271.080. The vacated
property will accrue to the abutting properties in accordance with ORS 271.140.
Mayor Leiken opened the public hearing.
No one appeared to speak.
Mayor Leiken closed the public hearing.
Mayor Leiken thanked staff for their work on this project.
NO ACTION REQUESTED. FIRST READING ONLY.
2. Supplemental Budget Resolution.
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Council Regular Meeting Minutes
February 2, 2004
Page 3
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RESOLUTION NO. 04-03 - A RESOLUTION ADJUSTING RESOURCES AND
REQUIREMENTS IN THE RIVERBEND DEVELOPMENT FUND, AND ASSOCIATED
RESOURCES AND REQUIREMENTS IN THE GENERAL FUND.
, Councilor Malloy declared a conflict of interest as he is employed by PeaceHealth.
Budget Officer Norma Barton presented the staff report on this item. At various times during the
fiscal year the council is requested to make adjustments to the budget to reflect needed changes in
planned activities, to recognize new revenues such as grants, or to make other required
adjustments. These adjustments to resources and requirem~nts which change the current budget
are processed through supplemental budget requests that the Finance Department schedules on an
annual basis.
This is the second of four scheduled FY04 supplemental requests to come before council. The
supplemental budget being presented includes: adjusting resources and requirements in the
RiverBend Development Fund; and, associated resources and requirements in the General Fund.
This resolution will adjust the current PeaceHealth budget to capture the actual costs of the
project. This item was not on the Supplemental Budget One because of the complexity ofthe
project. The overall financial impact ofthis Supplemental Budget is to increase the total
appropriations by approximately $3,707,613. This resolution is as a result of the Memorandum
of Agreement signed last July with PeaceHealth.
The City Council is asked to approve the attached Supplemental Budget Resolution.
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Mayor Leiken opened the public hearing.
No one appeared to speak.
Mayor Leiken closed the public hearing.
IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW
TO ADOPT RESOLUTION NO. 04-03. THE MOTION PASSED WITH A VOTE OF 5 FOR, 0
AGAINST, AND I ABSTENTION (MALLOY).
3. Willakenzie Fire District.
RESOLUTION NO. 04-04 - A RESOLUTION DIRECTING THE CITY MANAGER OF
THE CITY OF SPRINGFIELD TO TAKE APPROPRIATE ACTION TO SECURE
SUFFICIENT ELECTORS TO OBJECT TO ANY DECISION OF THE LANE COUNTY
BOUNDARY COMMISSION APPROVING THE PETITION OF WILLAKENZIE RURAL
FIRE PROTECTION DISTRICT TO ANNEX ALL SPRINGFIELD TERRITORY INTO
THE DISTRICT FOR THE PURPOSE OF SECURING AN ELECTION ON THE ISSUE
PURSUANT TO ORS 199.505(1).
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Assistant City Manager Cynthia Pappas and City Attorney Joe Leahy presented the staff report on
this item. Ms. Pappas referred to two documents that were placed in front of councilors at the
beginning oftonight's meeting. The first is a fmal resolution relating to the Fire District. This
resolution has been looked at and approved by the Secretary of State's office. The second
document is a new Section 8.5 on pages 10 and 11 of the intergovernmental agreement (IGA).
Council Regular Meeting Minutes
February 2,2004
Page 4
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Negotiations continued on this document until about noon today and there is now satisfaction
from all parties.
Ms. Pappas said there are three issues before council. The first is their final signing of the IGA
following the public hearing. The second is a resolution about encouraging a vote by the public.
The city cannot refer this issue because it is controlled by the county. Council's action is not a
referral, but it is a facilitation. The third action before council is to acknowledge and confIrm the
council's commitment to comply with the section of the IGA that deals with the tax neutrality
Issue.
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Mr. Leahy said the IGA has been brought to council over the last several months in increments as
the team has negotiated, discussed and worked with the Willakenzie Board. The document before
council tonight has the language in Section 5 regarding governance that the council gave tentative
approval for at their last work session. It also includes language in paragraph 10, the real
property and buildings section that council tentatively approved in which certain responsibilities
are clear in terms of the City of Springfield making some immediate repairs and gender
renovations needed to the fIre buildings. This section also discusses the long-term of Willakenzie
renting the fIre buildings with a commitment by the city that if Willakenzie needs to relocate the
station at 5th and M, the city would transfer that station, pay the district for the value of that
station, or attempt to secure other property. The other section relates to the Natron area and the
city committing to use its best efforts to secure a fIre station site in that area by working with
property owners. With respect to the Natron area, there is no commitment by the city to buy a
site and then give it to the Willakenzie District. Section 10 is a compromise between council's
position and the Willakenzie Board. Section 8.5 discusses the Public Employees Retirement
System (PERS) employees. That language was created through work done by Human Resources
Director Bill Spiry and PERS Counsel Everett Moreland. It has been reviewed by the Attorney
for Willakenzie Fire District and the leadership ofthe Fire Union (IAFF).
Mr. Leahy discussed Section 26, the Ad Valorem Tax. Although there is a limitation in this
section of the contract, council may want to consider making a positive statement about that
during discussions this evening. That motion and vote could then be transmitted to the Lane
County Boundary Commission for their hearing on Thursday, February 5, 2004.
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Mr. Leahy discussed the resolution which includes a letter from the Secretary of State's office.
Staff would like to implement council's direction and commitment to the voter's of the city that
council would sponsor or encourage an election on this issue. Council indicated to those citizens
who spoke on this issue during past public hearings that an election on this matter would be
preferable. An election prior to council's vote would have had no impact on the process and may
have caused the city to pay for two elections. The only election that could have an impact on this
process would occur after the Lane County Boundary Commission makes its decision. If the
Boundary Commission finds in favor of the petition, then 100 electors on a petition would
provide an election for the citizens of the contemplated district and that election would be
binding. In the event the voters decide this is not a good idea, the Boundary Commission
decision would have no effect. If the voters endorse the decision of the Boundary Commission,
in the event the Boundary Commission was to fmd in favor of the petition for annexation, the
annexation would continue. This resolution gives instructions to the city manager to go out and
secure the signatures and insure the process is completed in an expeditious manner. This also
provides that the city would reimburse Willakenzie for the election. If the Boundary Commission
decides adverse to the petition for annexation, there would be no need for an election. This
Council Regular Meeting Minutes
February 2, 2004
Page 5
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provides council the opportunity to have an election which is relevant and meaningful to the
decision of the Boundary Commission approving the petition, if that is their decision.
Ms. Pappas said if council does choose to pass the resolution before them tonight, the language in
the resolution title that has been approved by the Secretary of State's office would need to be in
the motion.
Mr. Leahy said the letter from the Secretary of State's office before council tonight states that the
resolution as written is acceptable. If all the city does is secure the election allowing the citizens
to vote without expressing an opinion or getting involved regarding which way citizens should
vote, it is acceptable. The City Manager can do this, but in the event that the Boundary
Commission approves the petition for annexation, 100 signatures are secured and are verified by
the County, and this is certified to go to election, the city can take no further action with respect
to the election and to a particular point-of-view in the election. The city is bound under Oregon
law not to spend taxpayers' dollars endorsing either side in the election. This opinion from the
Secretary of State's office makes that distinction. The city can spend taxpayers' dollars to secure
an election so the citizens can vote.
Councilor Ballew asked if the city would be able to provide information to citizens regarding the
proposed fire district annexation.
Mr. Leahy confirmed that was acceptable, as long as it is neutral information that meets all the
requirements related to any election. Elected officials can advocate, but not with city tax dollars.
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Mayor Leiken opened the public hearing.
No one appeared to speak.
Mayor Leiken closed the public hearing.
Mayor Leiken commended the council for moving in this direction. This is a big enough issue
that it is important for the voters to make the final decision. The other issue that has gotten lost in
some of this is the issue of service. The firefighters union has done art excellent job in the past
advocating the service they provide and he hopes that would continue if this goes forward.
Councilor Lundberg said it would be important to state that she would be voting no on this
tonight. It is not because she feels this shouldn't go to the voters. This will go to the voters
anyway. She agreed with Fred Simmons, who recently spoke before council when he said it
would be more advantageous for the yes voters to get the petition out first. She is voting no
because she does not feel this is a good way to go for Springfield. It is about the money, but she
does not believe in going in this direction. She is comfortable knowing it would be petitioned one
way or another. She doesn't like council moving it forward through this resolution because it
could assist the proponents in the campaign.
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Councilor Fitch commended staff for working on this for the past two plus years. She appreciates
staff working on it and being insightful and the unions working with the city. This has been a
way to do two things: 1) create stability and have some future in looking at fire and life safety
and in looking at Willamalane and SUB, both districts who have done their job well; and 2)
finance some ofthe basic services of the city. It is beneficial for council to have different
viewpoints and the citizens will also have differing viewpoints.
Council Regular Meeting Minutes
February 2,2004
Page 6
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IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW
TO APPROVE THE INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE CITY
OF SPRINGFIELD AND THE WILLAKENZIE FIRE DISTRICT. THE MOTION PASSED
WITH A VOTE OF 4 FOR AND 2 AGAINST (RALSTON AND LUNDBERG).
IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW
TO ADOPT RESOLUTION NO. 04-04. THE MOTION PASSED WITH A VOTE OF 6 FOR
AND 0 AGAINST.
IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW
TO ACKNOWLEDGE AND CONFIRM THE COUNCIL'S COMMITMENT TO COMPLY
WITH THE REQUIREMENTS OF SECTION 26 OF THE INTERGOVERNMENTAL
AGREEMENT (IGA) BETWEEN THE CITY OF SPRINGFIELD AND WILLAKENZIE FIRE
DISTRICT MAINTAINING TAX NEUTRALITY FOR THE FIRST YEAR, FISCAL YEAR
2004-2005, OF THE ANNEXATION AND THAT IN YEARS TWO AND THREE THE ISSUE
OF TAX BE FORWARDED TO THE BUDGET COMMITTEE FOR DISCUSSION AND A
RATE SETTING. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 2 AGAINST
(RALSTON AND LUNDBERG).
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Councilor Fitch referred to the Budget Committee meeting on January 27, 2004 when cuts were
discussed. As we look at cutting staff, creating a committee to do something, creates a strain on
an already tightened situation. Therefore, she would like to make sure the public has input in
future years, if this goes forward. Citizens involved in the Budget Committee are already in tune
with what is happening and what is necessary and that is why the Budget Committee would be an
appropriate place to look at this taxing issue if there is a need to use some of the freed up funds in
the future.
Councilor Ballew said sending the fire department to the fire district is not her preferred option,
but fiscal reality means hard decision must be made. This is one way to make the city more
financially viable and she feels council has an obligation of continuing to bring options to the
citizens. If council doesn't take these actions, the choices cannot be made by the citizens.
Councilor Ralston explained who he voted no on the third item related to the freed up funds.
Voters agreed to tax themselves through the levy for a four-year period. He would approve this if
it was to remain tax neutral for the remainder of time left on the levies. One year is not enough.
Willakenzie Fire District plans to raise their taxes during the second year to build up reserves.
BUSINESS FROM THE AUDIENCE
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1. Joan Shea, 1520 Balboa Street, Eugene, OR. Ms. Shea is Executive Director of a not-for-
profit that is starting a new program called Oregon Crafted. This program is an economic
development program, but she is not here for money. This program is being funded by
Oregon Economic and Community Development Department and Oregon Tourism
Commission. The program is to develop an art trail system which would be in a booklet.
This art trail system would cover a four-county area: Linn, Benton, Lincoln and Lane
Counties. It is a pilot program for the state. The trail system would direct tourists on a self-
guided tour to the studios of artists and to galleries in the four-county area. They are looking
forward to this happening. They recently completed an economic impact survey of artists in
the four counties which is being compiled by the University of Oregon. Ms. Shea will
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Council Regular Meeting Minutes
February 2,2004
Page 7
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forward a copy of that survey to council members. It has shown that for our area, increasing
the income of local artists would increase the economic stability of our communities. The
first booklet should be out for the tourist season in the Spring of 2005. Ms. Shea has spoken
with development directors including the development director from Springfield. This is a
replication of a program in North Carolina called "Hand Made in America" that has been
highly successful. This is information only for the council. They are having a community
meeting for artists and galleries which council will be invited to attend. It will be held on
February 18 at 7:00 p.m. at the Emerald Arts Center.
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2. Cindy Mathews, 38239 McKenzie Highway, Springfield, OR. Ms. Mathews is here tonight
to discuss a problem regarding the McKenzie River erosion that is affecting her property,
home and business. She outlined the events that have led up to this situation. In 1995, her
family had the opportunity to build a home and cabinet business on property that has been in
their family for over 50 years. They received all permit and followed all requirements,
including building 110 feet from the river. In 1996, the business shop was established, but
their home had not been built yet. During the 1996 flood, there was no water standing in the
area allocated for their home. Construction of their home began in the spring of 1996,
building behind an Army Corps of Engineers dyke that was built in 1947. After the flood of
1996, the Natural Resources Conservation Study (NRCS) was allowed with special funding
in 1997, to put in jetties upstream from their home to divert water from the north side of the
bank to the center of the river. At this time, the construction of their home was complete. In
2002, the river channel changed and they no longer had access to what had been 40 acres of
their farm land. In 2003, they lost part of the revetment that was protecting their property and
home and the erosion continued. They tried getting help from Lane County, Army Corps of
Engineers, and County Commissioner, but none would help. Since December 13, 2003, they
no longer have the revetment behind their home, Cougar Reservoir is not operating and Blue
River is holding plenty of water. They have evacuated their home and business. Their home
is undercut by McKenzie River by fifteen to sixteen feet and hanging over the edge and Lane
County has posted their home condemned. They still have no answers. They are no longer
concerned just for themselves, but also for the Thurston community downstream. They ask
for someone to step up and take some action to save this from becoming a disaster.
Councilor Ralston asked if Ms. Mathews and her family had suggestions for what could be
done at this time.
Ms. Mathews said they are dealing with their insurance companies regarding this situation,
but this is a situation that has not occurred before so there are still questions.
Councilor Ralston said it is his understanding that if their home does wash into the river, they
would be charged to pay for removal of the debris. That is correct. He asked if there was
enough time to remove their home.
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Ms. Mathews said they met with Lane County January 7,2004. The County, the Army Corps
of Engineers, NRCS and City Planner all came to consensus that this was the homeowner's
problem. The Mathews were given a choice to either rebuild the revetment or move their
home. Lane County took two weeks to get the permit to them to start the process. Ms.
Mathew's family began the process of getting applications for loans to move their home, but
time constraints, holidays and icy weather slowed down the process. When the river was to
fifteen feet from their home, they were told not to bother with a permit, but to move their
Council Regular Meeting Minutes
February 2,2004
Page 8
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home immediately. At that time it was too late and there was not enough room for the mover
to move the home.
Councilor Ralston asked if they could burn the house rather than have it go into the river and
pay for the removal of debris.
Ms. Mathews said they are waiting for their insurance to determine their options. She said
there are people in Thurston concerned about this situation. A Geological Engineer visited
their property and told them the river would be moving down further.
Councilor Fitch asked if the building permits were granted through Lane County. That was
correct. She asked what the response from the Lane County Commissioners was regarding
this situation.
Ms. Mathews said they did not assist.
Councilor Fitch asked for clarification whether or not the city has jurisdiction on this
property.
Mayor Leiken asked City Engineer AI Peroutka to come forward to address this and the issue
of what could occur downstream.
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Mr. Peroutka said they looked at the issue regarding washed away revetments on the south
side of the river. There was concern at that time that the flooding could affect the properties
east of the city and the urban growth boundary, and could cut across and enter into the
drainage ways leading into Thurston. There were numerous meetings with the Corps of
Engineers and Lane County. One of the issues is that the Corps is not taking any jurisdiction
or responsibility on replacement or maintenance on certain types of revetments. There is an
environmental issue as to whether or not they can replace these revetments. The river shifted
to a path that was no longer a threat to the city and the Corps said that shift was set in place.
At that point the city pulled away from further investigation. The city is trying to work with
the Corps through another study that is called the Metro Waterways Study that would look at
impacts of flooding on Cedar Creek and potentially look at re-doing the floodway mapping
through that area. There will need to be a different way to manage the river because they
have moved away from using revetments, but do not have a good replacement in its place at
this point. The Corps formerly took full responsibility for these revetments, but are now
backing away.
Ms. Mathews said that was in 2002. Now the revetment is not there and Cougar is not
operating and if there is any high water, there is nothing to prevent the water from going into
those low lands. There is not enough time to analyze it and decide what to do in a year.
Something needs to be done now.
Mayor Leiken asked if the Mathew's had brought this to the attention of Congressman
DeFazio's office and if so, what was his answer.
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Ms. Mathew's said Congressman DeFazio was the first person they went to regarding this
issue. They received a letter from him. Congressman DeFazio had contacted Lane County
Commissioner Peter Sorenson and their consensus was that if Lane County felt that was a
threat, the county would contact the Army Corps of Engineers. The Army said they would
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February 2, 2004
Page 9
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step in if Lane County called them to assist. The Mathews received this letter before the
holidays and felt that something would be done. They arranged the meeting on January 7th,
2004 and the county and the Corps made the determination there was nothing they could do
and it was the problem of the Mathews.
Mayor Leiken asked if there were any steps the city could take from the city jurisdiction.
Mr. Kelly said the answer would be no from a jurisdictional standpoint because the property
is not within the city's jurisdiction. Council could be a concerned body to work with other
jurisdictions to provide a more lasting solution. Rivers do change due to erosion and other
issues and no one jurisdiction has responsibility for those. Those who manage the waterways
are changing the way they manage them by allowing them to go back to a more natural state.
This issue tonight may need a multi-jurisdictional approach, not just in Lane County, but
statewide. The County may be reluctant to get involved in this because ofthe multitude of
properties they have that abut the rivers and what they do for one, they would need to do for
all. There are a lot of flooding issues along creeks and rivers throughout Lane County. They
do not have the money or resources to assist all homeowners who are affected by water.
Council could pledge to be a partner to work on a solution, if not to assist this home, to assist
others in the Thurston area.
Councilor Fitch said this issue should be brought to the Joint Elected Officials meeting on
February 10,2004 and slated for a meeting to discuss options. It may not be in time to assist
the Mathews, but perhaps other homeowners. It would be beneficial to discuss this with the
other jurisdictions.
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Ms. Mathews thanked council for their concerns and hoped they would be able to assist.
Councilor Malloy asked who did the work upstream.
Ms. Mathews said the NRCS was allowed to put it in with special funding which they
received from the 1996 flood.
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3. Artemio Paz, 86950 Cedar Flat. Springfield, OR. Mr. Paz said he was here representing
Randy and Cindy Mathews because they are just east ofthe urban service boundary. The
Eugene-Springfield Oregon Metropolitan Waterways project describes certain watershed
issues, and the east Springfield area and Cedar Creek subdivision is potentially in danger of a
possibly catastrophic change in the river flow. When the Mathews' built their home it was
11 0 feet from the water and ten days ago it was 24 feet from the water. Mr. Paz referred to a
photograph of the Mathew's property and home which he handed out to the council. There is
a well established filbert orchard approximately one quarter of a mile away from this property
towards the City of Springfield. This orchard has lost 36 trees and the farmer indicated last
week he expected to lose another row of trees. The water is now visible in that area from
Highway 126 where it was never visible in the past. He noted that the permit they were
issued was in the last several years and if these areas are so problematic, the multi-
jurisdictional governance should establish moratoriums. If they are not ready to establish
moratoriums, they need to be ready to have better tools for the evaluation of properties near
or adjacent to the riverways. The Mathews had a number of people from the Corps of
Engineers, as well as the NRCS, who visited their property, but did not proceed as if there
was imminent danger, which was obvious. The river flow has been dramatically changed by
certain manmade elements and exacerbated by the fact that the storm systems are not
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Council Regular Meeting Minutes
February 2, 2004
Page 10
operable today. Cougar Dam is not holding any storm water, so there is a higher flow on the
river. The Eugene Water and Electric Board (EWEB) canal is under construction, so
consequently there is no water going down its normal canal route. He discussed the impact
that could occur with a three to four day rain storm or temperatures that warm and melt the
snow pack. He discussed the change the river's direction has taken which has caused the
river to flow faster than in the past. The sheriff s rescue office that visited the property on
Friday, January 30, 2004, indicated that normally in the summertime, the river flows at three
to five miles per hour. It is currently flowing between fifteen and eighteen miles per hour.
This is something council should see first hand to see the forces that are acting on this
property. It is a multi-jurisdictional issue, yet the multi-jurisdictional representatives never
gave an articulate evaluation of the danger and the potential, for danger at this site. We have
the technology and the expertise to monitor these things, yet they are not being applied. He
discussed the house movers that were brought to the site. The house was ready to be moved
last Thursday, but the mover said it was too dangerous as the water was too close to the
house.
Mayor Leiken asked why Cougar Dam is not operating.
Mr. paz said he does not know the particulars, but there is evidently some type of
maintenance project that is occurring.
Mayor Leiken confirmed that Cougar Dam is under the jurisdiction of the Army Corps of
Engineers and the Federal Government. There has been a lot of frustration over this issue for
the past four years and the fact that the Corps has not come up with any solutions. Someone's
life will have to be ruined before something gets done, but maybe others will be saved.
Mr. paz said he wants to alert council that this could impact the Springfield community.
CORRESPONDENCE AND PETITIONS
1. Correspondence from Arnold Buchman, Spokesman for People Against a Casino Town
(PACT), P.O. Box 978, Florence, OR Regarding Proposed Gambling Casino in Florence.
2. Correspondence from Hillary Wylie, President, LTD Board of Directors, P.O. Box 7070,
Eugene, OR Regarding Martin Luther King, Jr. Parkway Design.
3. Correspondence from Casey Woodard, 40 South 6th Street, Cottage Grove, OR Regarding the
Proposed RiverBend Master Plan.
4. Correspondence from Elizabeth Chambers, General Manager, Silvan Ridge Hinman
Vineyards, 27012 Briggs Hill Road, Eugene, OR Regarding the Proposed RiverBend Master
Plan.
5. Correspondence from James M. Daubenspeck, Springfield, OR, Regarding Comments Made
by City of Springfield Employee.
IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR
BALLEW TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED
WITH A VOTE OF 6 FOR AND 0 AGAINST.
BUSINESS FROM THE CITY COUNCIL
1. Committee Appointments
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Council Regular Meeting Minutes
February 2,2004
Page 11
a. Library Board Appointment.
Library Director Bob Russell presented the staff report on this item. The Library Board has
one vacancy, due to the resignation of Al Monce. The person appointed to this vacancy will
serve a term that expires December 31,2004.
To be eligible for appointment to the Library Board, applicants must be registered voters and
live within the city limits. (One member of the board may live outside the city ifhe or she
owns property within the city.) All four applicants are registered voters living within the city
limits.
The Library Board conducted applicant interviews at its January 8 meeting. (Mr. LePine was
unable to attend, due to illness.) The Library Board felt that all three of the applicants
interviewed were excellent candidates. After much discussion, the Board voted unanimously
to recommend the appointment of Mark Danburg-Wyld. The Board also suggested that Ms.
Rice and Ms. Stubbs be encouraged to join the Library Foundation, and/or to reapply when
the next Board vacancy occurs.
At the January 20,2004 Work Session, staff presented the Library Board recommendation to
council.
IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR
BALLEW TO APPOINT MARK DANBURG-WYLD TO THE LIBRARY BOARD, TO
SERVE A TERM EXPIRING DECEMBER 31,2004. THE MOTION PASSED WITH A
VOTE OF 6 FOR AND 0 AGAINST.
b. Budget Committee Appointments.
Budget Officer Norma Barton presented the staff report on this item. The Budget Committee
has a vacancy in Ward 5 as Daniel Bowie's term expired on December 31,2003. The person
appointed will serve a three-year term, which will expire December 31,2006. Ward 6 has a
vacancy due to the resignation of Roxie Cuellar. The new person appointed will serve a
three-year term which will expire on December 31, 2006. In response to the news release,
applications were received for the Budget Committee vacancy in Ward 5 from Daniel Bowie
and Fred Simmons, and in Ward 6 from Rita Castillo.
All candidates were interviewed by the City Council on January 26, 2004. Those candidates
selected by council to serve as members of the Budget Committee for Wards 5 and 6 must be
appointed to the positions and their appointments ratified.
IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR
BALLEW TO APPOINT DANIEL S. BOWIE TO THE WARD 5 BUDGET COMMITTEE
POSITION WITH A TERM EXPIRING DECEMBER 31, 2006. THE MOTION PASSED
WITH A VOTE OF 6 FOR AND 0 AGAINST.
IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR
BALLEW TO APPOINT RITA R. CASTILLO TO THE WARD 6 BUDGET COMMITTEE
POSITION WITH A TERM EXPIRING DECEMBER 31, 2006. THE MOTION PASSED
WITH A VOTE OF 6 FOR AND 0 AGAINST.
Council Regular Meeting Minutes
February 2, 2004
Page 12
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2. Business from Council
a. Committee Reports.
1. Councilor Woodrow informed the council that along with Mr. Kelly and
members of the Springfield Chamber of Commerce, he took a trip to Florida for
the Economic Development Council meeting. There was a lot of information
about partnering with other forces to continue to look at either a civic space,
convention center or some type of meeting space for Springfield. He will try to
get that information to the other council members. It is very important,
especially now as the Clarion Hotel; the only building in Springfield with a large
meeting space will be closing.
2. Councilor Ballew attended a conference in Portland that was co-sponsored by the
Local Government Commission. Discussion was held regarding current code
being an obstacle when a city tries to have smart growth. That is not necessarily
true for Springfield. Our staff has been out front on this and has made some
accommodations to allow smart growth. There was also a presentation on the
GIS system where an economic forecasting tool was added in such places as
Chicago and Sacramento. This would allow them to forecast what type of
development would occur between residential, commercial and industrial, but
would also give the return on investment analysis. She has some materials if
other councilors would like to look at them.
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3. Councilor Ralston said that for the past year he has served as the Chair for the
Human Services Commission. Prior to him holding this position, two other
Springfield councilors served terms as Chair. They have now appointed Betty
Taylor from Eugene as Chair ofthis commission. He did get information
regarding the contributions ofthe three jurisdictions to the Human Services
Commission. He offered councilors a copy of that information if they were
interested. He gave some of the highlights from that report. Springfield
contributes a very small percentage compared to the other jurisdictions. That
will be one of his arguments as they go into Budget Committee meetings and
discuss cuts to this agency and others. He is hoping to get detailed information
regarding these contributions.
Councilor Mr. Kelly said that although Lane County and the City of Eugene put
in more money than Springfield to the Human Services Commission, the
numbers are not as skewed as what appears there. He explained the council's
goals of economic growth and the other agencies we support in that endeavor.
Springfield is trying to create prosperity and family wage jobs in Springfield so
we don't have as much of a need to contribute to the social side of things. In the
issue of Human Services, our money and expenditures towards economic
development opportunities needs to be taken into account. Lane County and
Eugene do not contribute as much to these areas.
b. Other Business
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1. Mayor/Council Committee Assignments.
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Council Regular Meeting Minutes
February 2, 2004
Page 13
NO ACTION WAS TAKEN. ITEM WILL BE RESCHEDULED.
BUSINESS FROM THE CITY MANAGER
BUSINESS FROM THE CITY ATTORNEY
1. Responding to the LUBA Remand of City Decisions Amending the Eugene-Springfield
Metro Area General Plan and TransPlan in Ordinance No. 6022.
ORDINANCE NO. 6074 - AN ORDINANCE RESPONDING TO THE REMAND OF
ORDINANCE NO. 6022 AND DECLARING AN EMERGENCY.
City Attorney Meg Kieran presented the staff report on this item. In November 2001, at the
request of the Oregon Department of Transportation (ODOT), the Eugene City Council initiated
amendments to the Metro Plan, TransPlan and the West Eugene Wetlands Plan to facilitate
construction of the West Eugene Parkway. On July 15,2002 the City Council adopted Ordinance
No. 6022, amending the Eugene-Springfield Metropolitan Area Transportation Plan (TransPlan)
to include the entire West Eugene Parkway within the 20-year financially constrained roadway
project list and to make related amendments; amending the Eugene-Springfield Metro Area
General Plan (Metro Plan) to adopt exceptions to statewide Planning Goals 3,4, II and 14; and
adopting the severability clause. The City of Eugene, Lane County and the L TD Board took
similar actions making the requested changes. The plan amendments addressed the changes in
the West Eugene Parkway alignment that were made to minimize impacts of the projects (MA).
On March 24, 2003, LUBA issued its decision upholding the local government actions on most of
the issues raised by the petitioners, but remanded the actions based on four issues. On August 27,
2003, the Court of Appeals affirmed the LUBA decision. The petitioners did not seek review of
this decision by the Oregon Supreme Court.
The four issues that LUBA remanded are: 1) Adequacy of exceptions taken to Goal 3
(agriculture); 2) Accessibility concerns related to Goal 3 and the change in the alignment; 3)
Questions about OAR 660-0 12-0035(5)(c) (use of alternative standards in place of the Vehicle
Miles Traveled reduction standard); and 4) impact of the planned transportation corridor
designation on Goal 5 resources. The fourth issue refers to the West Eugene Wetlands Plan and
is not relevant to the City of Springfield's action.
City legal staff has worked with City of Eugene, Lane County, LTD and ODOT attorneys to
respond to all of these remanded issues. Exhibit A, included in the agenda packet, explains the
adopted findings in the Resolution, provides arguments and describes evidence in the existing
record to address all of these issues. Responding to the remand issues does not require re-
opening the record for additional evidence. The City of Eugene, Lane County and L TD Board
have approved a Resolution with the same response and explanation of fmdings document.
Councilor Ralston said this seems to be thrown at them suddenly. He said he had voted against
this and feels this is wrong and that council needs more information.
Ms. Kieran said the City of Springfield has not been actively involved so as not to incur
additional expense in terms of attorney fees. The City of Eugene attorneys have taken the lead in
the briefmg of this appeal and the West Eugene Parkway is located in west Eugene. Most of the
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Council Regular Meeting Minutes
February 2, 2004
Page 14
issues are of greater concern to Eugene. The reason Springfield was involved initially is because
of requirements in the TransPlan that all three jurisdictions have to approve of this type of
project.
Councilor Ralston said part of the issue was that funds were used for buying property to
reestablish habitat and the land can not be used for anything else. That was the issue. He still
cannot support this because he doesn't feel that has been resolved.
IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW
TO ADOPT ORDINANCE NO. 6074. THE MOTION PASSED WITH A VOTE OF 5 FOR
AND I AGAINST (RALSTON).
2. Update on LUBA Remand of City of Springfield's Decision on PeaceHealth, Goal 12.
City Attorney Meg Kieran gave the update on the LUBA Remand of the City of Springfield's
decision on PeaceHealth, Goal 12. Last time she spoke to council about the LUBA appeal of the
PeaceHealth plan amendment, she asked for direction whether or not the City of Springfield
should appeal the LUBA decision. Before the appeal deadline had expired, counsel for Jacqua's
filed an appeal and a petition for judicial review. The city is the respondents and they filed a
cross petition for judicial review. It's an expedited briefing schedule and the briefmg will be
complete at the end of February. The last brief will be filed March 1 followed by oral argument
and a decision from the court of appeals. Ms. Kieran and Mayor Leiken testified in front of the
Land Conservation and Development Commission (LCDC) which met Thursday and Friday of
last week to urge them not to authorize the filing of an amicus brief by the DLCD, which is the
state agency responsible for land use. From this testimony, the commissioners did not weigh in
on this in a judicial proceeding, but rather in a rule-making context.
Mayor Leiken agreed that the result of their testimony was' a good result. The city was blind-
sighted and only had three days to respond. He said there were lots of phone calls made and he
commended State Representative Terry Beyer for her phone calls to agencies regarding this issue.
He also commended Ms. Kieran imd the City Attorney's office.
ADJOURNMENT
The meeting was adjourned at 8:45 p.m.
'"
Minutes Recorder Amy Sowa
Attest:
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City Reco er