HomeMy WebLinkAbout05/17/2004 Regular
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City of Springfield
Regular Meeting
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY, MAY 17, 2004
The City of Springfield council met in regular session in the Council Meeting Room, 225 Fifth
Street, Springfield, Oregon, on Monday, May 17,2004, at 7:00 p.m., with Mayor Leiken
presiding.
ATTENDANCE
Present were Mayor Leiken and Councilors Ballew, Lundberg, Fitch, Ralston and Woodrow.
Also present were City Manager Mike Kelly, Assistant City Manager Cynthia Pappas, City
Attorney Joe Leahy, City Recorder Amy Sowa and members of the staff.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Leiken.
SPRINGFIELD UPBEAT
1. Tiger Cubs Recognition.
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Mayor Leiken introduced Kimm Esser, leader of the Thurston Tiger Cubs. Ms. Esser noted
the many acknowledgements the boys have accomplished in meeting the requirements to
become Tiger Cubs. They are now working on the requirements to receive their Bobcat
Badge. The five boys honored from this Tiger Cub Den were Austin Elmenhurst, Marshall
Kanaffsky, Levi Whitney, Chris Kamkar, and Maxwell Esser.
2. Older Americans Month Recognition of Volunteer.
Mayor Leiken introduced Diane Pergamit from the Senior Center Program. Ms. Pergamit
acknowledged Louis Young who has been honored along with nine other older Americans
throughout Lane County. Ms. Pergamit presented a poster to the city which recognized all
ten honorees. She gave Mr. Young's background as a business owner and active member of
our community. Mr. Young is nearly ninety-one years of age and remains active by walking,
traveling and gardening. He shares his flowers and vegetables with staff at Willamalane and
others and is a great role model.
3. Thurston High School Students, By Kids for Kids Recognition.
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Springfield Fire Chief Dennis Murphy introduced Caitlyn Kari, Thurston High School honor
student and student founder ofthe By Kids 4 Kids Anti-Bullying Campaign. Ms. Kari gave a
brief background of the By Kids 4 Kids campaign and the impact it has had on stopping
violent acts. Ms. Kari and Samantha Lewis, another THS honor student, developed a model
for in-school mentoring of elementary students conducted by high school students to teach
kids how to stop bullying and harassment. Their future plans call for developing a model for
use in middle and high schools with college students as mentors.
Council Regular Meeting Minutes
May 17,2004
Page 2
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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 5
FOR AND 0 AGAINST.
1. Claims
a. Approval of the March Financial Reports.
2. Minutes
a. May 3, 2004 - Work Session
b. May 3, 2004 - Regular Meeting
3. Resolutions
a. RESOLUTION NO. 04-15 - A RESOLUTION TO ACCEPT PERMIT PROJECT
P30382: BRANDT SUBDIVISION SANITARY SEWER IMPROVEMENTS.
b. RESOLUTION NO. 04-16 - A RESOLUTION TO ACCEPT PROJECT P20369 FROM
WILDISH CONSTRUCTION COMPANY IN THE AMOUNT OF $46.516.33.
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c. RESOLUTION NO. 04-17 - A RESOLUTION TO ACCEPT PROJECT P20322 FROM
EGGE SAND AND GRAVEL IN THE AMOUNT OF $197.732.38.
4. Ordinances
5. Other Routine Matters
a. Authorize the City Manager to Enter into Agreement with Les Schwab Tire Centers of
Portland, Inc. for Street and Signal Improvements at the 32nd and Main Intersection.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARINGS
1. Proposed Resolution Setting Local and Regional Sewer User Fees.
RESOLUTION NO. 04-18 - A RESOLUTION OF THE CITY OF SPRINGFIELD COMMON
COUNCIL SETTING LOCAL AND REGIONAL SEWER USER FEES AS SET FORTH IN
THE SPRINGFIELD MUNICIPAL CODE.
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Environmental Services Supervisor Gary Colwell presented the staff report on this item. Current
Springfield sanitary sewer and storm drainage user fees will not produce sufficient revenue to
fully fund the proposed FY 04-05 budget. New local sewer user fees should be considered and
included in the city's rate schedule for sewer user fees and adopted by resolution of the City
Council. Additionally, the Metropolitan Wastewater Management Commission (MWMC) has
adopted new Regional sewer user fees for FY 04-05, and has forwarded them to Springfield and
Council Regular Meeting Minutes
May 17,2004
Page 3
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Eugene for inclusion in their respective local rate schedules pursuant to Section 8(c) of the
MWMC intergovernmental agreement.
The council reviewed FY 04-05 local and regional sewer and local storm drainage fee alternatives
at the May 3, 2004, Work Session. Council preference was to increase the local sanitary sewer rate
by 2.5 percent, and to increase drainage rates by 9 percent. This increase replaced $400,000 transfer
to General Fund that was deferred last year to keep increases in check last year. The council was
also advised that the Metropolitan Wastewater Management Commission (MWMC) was in the
process of considering an increase in regional sanitary sewer rates ranging from 12 to 38 percent in
order to restore adequate user rate contributions to the capital improvement programs. The MWMC
conducted a public hearing and adopted a 24 percent rate increase at their May 6, 2004 meeting.
Councilor Woodrow asked if council would be deciding on all three fee increases.
Mr. Colwell said that was correct. He referred to page Exhibit A of the Resolution included in
the agenda packet which included all fees.
Mayor Leiken opened the public hearing.
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1. Fred Simmons. 312 S. 520d Place. Springfield. OR. Mr. Simmons said all Springfield citizens
in the residential side are both taxpayers and rate payers. The funds being raised for long-
term capital enhancement of the plant in the regional area are needed, but the fees charged for
sanitary sewer and storm sewer are almost equal to what he pays in property tax. There is a
trend where cities are going to a user fee based process. The sanitary sewer rate changes are
substantial and the storm sewer issues are very expensive. He discussed taxes and franchise
fees and how they add up to large dollars. People are being impacted and we are in tough
economic times. He recognized the need for those dollars for the process, but there needs to
be equity. Businesses can deduct these costs, but a resident cannot. This is an equity issue.
At some point residents will begin to raise that equity issue. There may be some validity in
the utility tax. He referred to the amount of money each resident would have to pay. He
discussed inequity in city services and funds. This is not an issue of inefficiency or need, but
an issue of equity.
Mayor Leiken closed the public hearing.
Councilor Ballew said in response to Mr. Simmons concern, it has to do with the tax system. The
person who owns the business would also pay the same residential user fee at their home. This is
more of a state and federal taxing issue than the city can have an impact on.
Mi. Simmons said if the League of Oregon Cities (LOC) and other cities got together to propose
that those fees and charges could be deductible, they could go forward with the citizens as allies
rather than opponents.
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Councilor Woodrow said he is concerned by the increase based on the fact that a 24 percent
increase in wastewater fees is significant. He is concerned that the city is going to price
themselves out of business. He realizes money is needed because of growth, but we are raising
local sanitary sewer fees, stormwater fees and regional sanitary sewer. He said he pays more for
stormwater runoff than the water itself. It is cheaper to have a septic tank. He doesn't know the
answer, but he is concerned.
Council Regular Meeting Minutes
May 17,2004
Page 4
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Councilor Ballew said environmental laws have changed over the years. We have clean water in
our rivers compared to the east coast because of the regulations on our runoff water. To meet our
obligations to water quality there is a lot of cost involved. The user fees will also go to pay for
improvements to the plant and our abilities to meet those regulatory requirements. No one likes
increases, but she does not know of another option.
Mayor Leiken said Mr. Simmons' points are well taken. On the business side there are tax credits
available for businesses to put together pollution prevention programs within their businesses to
deal with that issue. On the consumer and residential side there are not credits. Perhaps the LOC
could work with the city on this issue and it could be worth exploring. In the meantime, we are
experiencing a lot of growth and that requires sufficient capacity. He discussed planning now for
the next ten years and sufficient capacity.
Councilor Fitch said we have a two legged stool. We have user fees and the system development
charges (SDC) and they have to be balanced. Both sides are not happy, but that is the balancing
act. It is not perfect and there needs to be concessions on both sides. It is a big increase and
$144M is a large bill. Federal grants would help immensely, but we no longer have that option.
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Councilor Lundberg agreed with Mr. Simmons. She said she tries to pick and choose what is
most important. While she served on Lane Council of Government's (LCOG) board, she had the
opportunity to visit the treatment facility in Veneta. She was impressed with the facilities and
how sewage is handled. It is a critical public job that must be done to keep our water clean and
keep things safe. She said she is willing to pay a little more to make sure everything stays safe.
If we can match technology with what needs to happen that is even better. It costs a little more,
but for public safety it is worth the cost and handling things correctly.
Councilor Ralston said if they had a choice on this, he would vote against it, but there is no
choice. As tough as it is, there is no other option for funding this facility.
IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW
TO ADOPT RESOLUTION NO. 04-18. THE MOTION PASSED WITH A VOTE OF 4 FOR
AND 1 AGAINST (WOODROW).
2. Proposed Resolution Approving the MWMC 2004 Facilities Plan and Adopting the 20- Y ear
Project List.
RESOLUTION NO. 04-19 - A RESOLUTION OF THE CITY OF SPRINGFIELD COMMON
COUNCIL APPROVING THE MWMC 2004 FACILITIES PLAN AND ADOPTING THE 20-
YEAR PROJECT LIST.
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Environmental Services Manager Susie Smith presented the staff report on this item as General
Manager for the Metropolitan Wastewater Management Commission (MWMC). Doug Keeler,
MWMC commissioner was also in the audience. The MWMC recently adopted the 2004
Facilities Plan (Plan), which includes a list of capital improvement projects necessary to meet the
regional wastewater treatment needs of the Eugene-Springfield urban services area through 2025.
MWMC is forwarding the Plan to the governing bodies of Eugene, Springfield and Lane County
for approval because implementation of the projects will expand capacity for future community
growth, and because the 20- Year Project List will be used in calculating regional wastewater
system development charges (SDCs).
Council Regular Meeting Minutes
May 17,2004
Page 5
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The 2004 Plan was adopted by MWMC on May 6, 2004, following two public hearings. It is the
first comprehensive regional wastewater facilities plan update since the completion ofthe original
"208 Plan" in 1977. The 2004 Plan addresses regional facilities improvements necessary to meet
community growth needs through 2025, state and federal requirements, and community
expectations for protection of the public's health and safety and the environment. It builds on
and includes continued implementation of the Biosolids Management Plan (1997), and the Wet
Weather Flow Management Plan (2001).
During the year-long development of the Plan, MWMC evaluated a wide range of alternatives.
Four alternative sets of system-wide improvements ranging in cost from $144 million to $233
million (in 2004 dollars) met the planning criteria. The Commission selected the least-cost
alternative, which achieves significant cost savings through efficient use of and reinvestment in
existing facilities where possible to gain increased capacity and performance. The 20- Y ear
Project List includes a ''just-in-time'' phasing approach so construction will not occur until
needed. The Oregon Department of Environmental Quality will review the Plan and may require
additional improvements.
The 2004 Plan represents a significant investment in vital public infrastructure over the next five
to ten years. Unlike the original facilities, which were constructed largely with Federal grants,
this investment will be funded entirely with local funds through a combination of sewer user rates
and SDCs. The 20- Y ear Project list included in the plan will provide the basis for calculating
regional wastewater SDCs. The impact on user rates and SDCs is discussed in the attached
Council Briefing Memorandum (Attachment 1). Actual projects and budgets will be reviewed
annually as part of the MWMC budget and capital improvements program.
Even with ''just-in-time'' construction phasing, necessary expenditures in the first few years will
require substantial user rate increases. Although raising user rates and fees is never desirable,
timely implementation of the Plan is important to minimize the overall costs to the community in
the long-term. Failure to maintain the project schedule would likely result in several
consequences that would increase overall costs and, reduce efficiencies built into the planned
phasing of projects. It would increase risks associated with permit violations such as fines,
enforcement orders, law suits, and could thwart community growth.
Additional background information on the MWMC 2004 Facilities Plan and the MWMC
adoption process is included in the attachments that follow.
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Ms. Smith said the commission did approve the option that cost the least amount for the facilities
plan. She discussed other agencies that choose facility plans with many amenities that add to the
cost. The plan chosen by the MWMC is a no frills plan which includes only the necessary
components. She noted the record of acceptability of MWMC in the community. The
commission approved this plan after two public hearings. They are referring it to the two
governing bodies for their concurrence through approval or consideration of the resolution
included in the agenda packet. Council is not bound by any approval process for this planning
effort, but staff requested a public hearing and provided council with a complete record of the
public hearings, testimonies, responses and deliberation. Staff asked council for consideration of
the resolution.
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Doug Keeler, MWMC commissioner, spoke before council at Councilor Ballew's request. Mr.
Keeler has been a citizen commissioner since 1997. The source of the commission's confidence
in the facilities plan is the culmination of a lot of work started in 2002 when the new wastewater
discharge permit was received from Department of Environmental Quality (DEQ). They
recognized at that time that there were some requirements they would have to make. Our
population is growing and we need to take better care of the river. The work started prior to the
new permit, and also builds upon previous reports and plans the commission has put together in
Council Regular Meeting Minutes
May 17,2004
Page 6
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previous efforts. More confidence comes from the fact that they have had the right resources
assisting in this work. Staff has had a dozen or more people dedicated to lead the design project.
The consultant has a strong track record and there have been regular check-ins with the
commission. The commission looked at a number of alternatives. They selected the low cost
alternative and still meet their objectives of meeting the permit requirements, protecting the
receiving water and being fiscally responsible. There has been a lot of public involvement
especially enhanced by the companion SDC process that was going on at the same time. Mr.
Keeler was available for questions.
Councilor Ballew noted that Mr. Keeler is an environmental engineer by profession.
Mayor Leiken opened the public hearing.
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1. Roxie Cuellar. HomeBuilders Association of Lane County. 2053 Laura Street. Springfield.
OR 97477. Ms. Cuellar said the HomeBuilders Association (HBA) has two issues with this
item. She said they feel the facilities plan is inappropriately before council at this time.
There is a process for doing wastewater projects. State law, the administrative rules for Goal
11 require an amendment to the public facility plan and the comp plan when you have
significant wastewater facility projects. There is a comp plan amendment process that is
going on before the Planning Commissions at this time. They are not given any project titles,
but are asked to approve it all. The reason why these project titles have to go before the
Planning Commission is because there is intent that they be reviewed for land use issues. She
referred to a staff member who said they do not involve land use issues, but she disagreed.
Under state law, Goal 6, they are clearly land use issues. HBA feels it should go through the
Planning Commissions first, who would then make a recommendation to the councils. The
second issue of the HBA's is that they don't think the project is ready for adoption and still
has some issues. It is not clear if the parallel system would be adopted and that affects the
plan before them this evening. She said she has an issue as a rate payer that there is a lot
more capacity in the plant than people are acknowledging. All documents show that except
for peak flow there is plenty of capacity, but that has now disappeared. She referred to the
Technical Background Report that was done for the public facility plan four years ago which
MWMC was involved in which included biosolids processing and sufficient capacity. She
referred to Attachment B, page 31 included in the agenda packet which showed no capacity
remaining. She said there were frills in this proposal which include things that are totally
discretionary. She asked council to have this reviewed by the Planning Commission and to
take a good look at the facility plan.
Mayor Leiken closed the public hearing.
Mayor Leiken asked staff for a response to Ms. Cuellar's testimony.
City Attorney Meg Kieran said this is not a land use decision and in the SDC ordinances it
specifically states that neither the project list nor the methodology ordinance is a land use
decision. Council will be presented in June with metro plan amendments which are land use
decisions. This is not by statute a land use decision.
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Matt Noeson from CH2M Hill addressed the council. Mr. Noeson addressed Ms. Cuellar's
concern regarding the parallel treatment. Alternative 5 involves a parallel treatment approach. In
the event approval is not received from DEQ to implement Alternative 5, they drop back to
Alternative 4, which is slightly more expensive in doing another treatment approach for peak wet
Council Regular Meeting Minutes
May 17,2004
Page 7
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weather flow. That is planned for in the facilities plan. There was a sensitivity analysis done to
assess the potential impacts on rates and SDC's in the event DEQ didn't approve Alternative 5
and required Alternative 4 to take affect. The draft facilities plan does address this situation. Mr.
Noeson also addressed Ms. Cuellar's question regarding capacity. In 1997 the work was done
under a different discharge permit. The new permit includes an ammonia limit and a thermal load
limit. There is also a temperature management plan. There are more stringent requirements now
in the discharge permit and the capacity that was available is used up by those more stringent
permit requirements. He discussed biosolids capacity and the processes used to treat biosolids.
Mechanical dewatering solved only one issue. All biosolids are land applied through cooperative
farms in the community. The biocycle farm supplements that by providing more flexibility to the
overall biosolids management plan. The biocycle farm did not impact the amount of capacity for
the biosolids. He discussed phase II and III of the biocycle farms.
Ms. Smith said the issues raised tonight are similar to those raised in testimony, workshops and
public comments. The council agenda packet addressed those questions.
Ms. Kieran confirmed that because this was not a land use decision, the Planning Commission
would not be reviewing this facility plan and twenty year project list. It is not a land use
approval, it is not a planning director's approval that is being reviewed, and it is not a land use
decision.
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Ms. Smith said the only reason this was before council was because of provisions in the
intergovernmental agreement (IGA). It is not part of an adoption process. It is the commission's
facility plan and it needs to be consistent with the land use planning laws that govern the area.
MWMC would be getting permits for every facility they build. Those types of plans do not go to
the planning commissions.
Councilor Woodrow asked if this would also have to be approved by Eugene and Lane County.
Ms. Smith said they would by their roles as the governing bodies to the IGA for MWMC.
MWMC is charged with the obligation and the function to plan, construct, build, operate and
maintain the regional wastewater facilities. It was the clear intent of the governing bodies in
establishing the MWMC and the creating the IGA that planning for twenty year growth in this
community is a community growth decision and those types of decision would be made by the
governing bodies. This is a significant effort and means a lot to the future of the community. It is
important to MWMC to have concurrence by the governing bodies and that is why they are
bringing this forward to council. Both the Eugene Council and the County Commissioners will
review the plan during their work sessions on Wednesday, May 19.
Councilor Ballew said both the city staff and the consultants have put in a lot of work and effort
into this project. She appreciated their work. They developed a plan that works regarding
engineering, community and permits. She would support it and encouraged the other councilors
to support it as well.
Mayor Leiken asked if there was a certain market for the poplars from the poplar farm and if this
resource was renewable.
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Ms. Smith said there was a market and a fall back market. The biocycle farm is cost effective to
the commission and community by reusing reclaimed water to assist in the temperature
management plan. The commission stands firm on the importance of this farm and the market
Council Regular Meeting Minutes
May 17,2004
Page 8
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continues to develop in the solid wood market which is what they hope will occur. They could
then harvest the trees in ten years in phases and sell them for solid wood product. There is always
a fall back pulp market for the product. The revenue from the marketing of the poplar trees may
be included in the future allowing for significant savings for the next round of unpredicted
environmental regulations.
Mayor Leiken said this is a difficult decision. He finds it reprehensible that the federal
government puts these mandates on local communities, but does not offer grants to assist in the
costs. In part he feels council needs to support it. On the other hand, it is too much for our
community, but we are left without choices. This is a challenging issue, but Councilor Ballew
has served on this commission for a long time and her opinion is respected. He asked Assistant
City Manager Cynthia Pappas if discussions could be held with Smith, Dawson and Andrews
regarding possible grant money from the federal government to assist with these mandates.
Ms. Smith discussed reuse of water locally partnering with other agencies. There is a market for
reused water. In addressing the temperature issue, MWMC is looking to get the discharge out of
the river and supply it as irrigation water. The facilities they are building serve multiple purposes
and solve multiple problems. The filters will increase the level of treatment of the output so local
parks could be irrigated with the reclaimed water. There may be partnership opportunities for
cost sharing in the future and MWMC will continue to pursue those options.
Mayor Leiken said we need to work to develop such a plan. Non-portable water has many uses.
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Ms. Pappas said those are the type of model projects the Federal Government prefer to fund.
There are opportunities with the government.
Ms. Smith discussed the possibility for assistance from the state for solutions to multiple
problems in a cost effective ways. The state may be able to leverage some of the federal funding
that locally may not be feasible.
Councilor Ballew said staff has been very entrepreneurial in finding revenue streams with long
lasting affects. We will have a renewable resource with the poplar farm. Those funds will go
into the MWMC and will help to reduce rates.
Councilor Fitch said looking out 20 years regarding new regulations is very difficult and
challenging. We must look at today's regulations and anticipate how to meet those mandates.
Staffhas done a very good job.
Councilor Woodrow said he did vote against the rate increase because it was too high, but he
complimented staff and the MWMC for a job well done. He appreciated the HBA being involved
in the process. He does not want to pay more money and the citizens don't want to pay more
money, but they need quality facilities to deal with the waste.
IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW
TO ADOPT RESOLUTION NO. 04-19. THE MOTION PASSED WITH A VOTE OF 5 FOR
AND 0 AGAINST.
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3. Resolution Initiating an Annexation to the City of Springfield of a Portion of Laura Street
Right-of-Way and a Portion of Tax Lots 7500 and 5000, Journal Number LRP2004-00008
Smith/City of Springfield.
Council Regular Meeting Minutes
May 17,2004
Page 9
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RESOLUTION NO. 04-20 - A RESOLUTION INITIATING ANNEXATION OF 350 FEET OF
LAURA STREET RIGHT OF WAY AND CERTAIN TERRITORY ABUTTING
APPROXIMATELY 203 NORTHERLY FEET OF LAURA STREET RIGHT OF WAY TO
THE CITY OF SPRINGFIELD AND REQUESTING THAT THE LANE COUNTY LOCAL
GOVERNMENT BOUNDARY COMMISSION APPROVE THE EXPEDITED ANNEXATION
USING THE EXPEDITED PROVISIONS OF ORS 199.466.
City Planner Kitti Gale presented the staff report on this item. The City Council is authorized by
ORS 199.490(2)(a)(B) to initiate annexation upon receiving consent in writing from a majority of
the registered electors and property owners within the territory to be annexed. The Smiths are the
owners of Tax Lots 7500 and 5000 of which the easterly 30' lie outside the city limits. The city
proposes to annex the remaining northerly 350' of Laura Street right of way, which is outside the
city limits, in preparation for installation of public infrastructure and street improvements. The
proposed annexation is contiguous to Springfield city limits on three sides.
All owners of the subject property and the city have requested annexation of a portion of Laura
Street right of way to allow the improvement and installation of public infrastructure. There are
no electors registered in these territories. Staff recommends approval of this resolution.
Mayor Leiken opened the public hearing.
No one appeared to speak.
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Mayor Leiken closed the public hearing.
IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW
TO ADOPT RESOLUTION NO.04-20. THE MOTION PASSED WITH A VOTE OF 5 FOR
AND 0 AGAINST.
BUSINESS FROM THE AUDIENCE
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1. Curtiss Greer. 357 55th Street. Springfield. OR Mr. Greer said that he did receive a letter
dated May 12, 2004 from City Attorney Joe Leahy regarding livestock district applying only
to bovine species. He asked how open range applied to those not of bovine species and if any
animals were excluded from control under open range. He read from Mr. Leahy's letter
which stated "the above livestock district statutes have no relationship to a proposed cat
ordinance". He asked what had been proposed. Mr. Greer read again from Mr. Leahy's
letter, "therefore these statutes do not provide any guidance as to whether the city may
regulate domestic animal ownership such as cats." He asked what guidance was used in
regulating ownership of dogs. If the city cannot do cats how can it do dogs? He said there is
in place a regulation on cats that does create the problem. The discrimination application
between cats and dogs violates the 14th amendment and the Oregon Constitution, this being
equal protection under the law. This was first brought before City Council by Mr. Greer in
1994, and has not been addressed to this date. He said it would seem that in ten years the city
could have had this corrected, or just like another matter which he addressed one time, when
shown proof positive that an idea works and costs no money to implement, it was tossed out
in favor of that which would cost the taxpayers more dollars. As a resident of this
community he knows something needs to be done to correct these problems. It may not be
politically correct, but it needs to be done. This is why the council was elected. They knew
Council Regular Meeting Minutes
May 17,2004
Page 10
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there would be times when they would have to do the right thing and it would ruffle some
feathers, but this is why they are where they are. He has ruffled a few (feathers) in his own
time, only to be proven right in the end. In closing, Mr. Greer said the defunding of an
ordinance that protects life and property while at the same time keeping funding to enforce
cats running free.
Mr. Kelly said council had asked for a study on this issue and staff completed that study. There
would be a memo from Chief Smith regarding this issue in next week's Communication Packet.
Mr. Leahy has also done some research showing what other communities have done and that will
be included.
CORRESPONDENCE AND PETITIONS
BIDS
ORDINANCES
1. Metropolitan Plan Update, Jo. No. LRP 2003-00014.
ORDINANCE NO. 6087 - AN ORDINANCE IN THE MATTER OF THE EUGENE-
SPRINGFIELD METROPOLITAN AREA GENERAL PLAN (METRO PLAN) TO ADOPT AS
PART OF PERIODIC REVIEW METRO PLAN HOUSEKEEPING REVISIONS. A NEW
METRO PLAN CHAPTER III-C. AND A NEW METRO PLAN DIAGRAM: AND
ADOPTING A SEVERABILITY CLAUSE.
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City Planner Mark Metzger presented the staff report on this item. Council last considered a
package of Metro Plan text and Diagram updates in regular session on March 15. Action was
delayed pending action by the Eugene Council. On April 21, Eugene adopted the updates with a
few modifications. At issue is whether the proposed updates, as modified, meet the criteria for
approving Metro Plan amendments and are in the best interest of the community.
The Joint Elected Officials (JEO) met on February 10 to conduct a work session and a public
hearing on a package of Metro Plan text and Diagram changes. The Springfield Council then met
on March 15th to conduct a second reading of the adopting ordinance and to further deliberate on
the proposed updates. At that meeting, staff presented a memorandum that responded to the
issues that were raised at the February staff presentation and public hearing. Staff recommended
that a motion to adopt the Metro Plan updates be delayed in the wake of a decision by the Eugene
Council on March 10 to consider a number of additional changes to the Plan documents.
On April 21, the Eugene Council adopted the Metro Plan updates without most of the changes
that were discussed at their March 10 meeting. They adopted the update package as first
presented to the elected officials at the February 10 meeting with the changes listed below. These
changes are reflected in the replacement pages that are included in Exhibits A, B and C that are
part of the agenda packet.
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· Energy Policy "J.l," which was proposed for deletion, was restored by the Eugene Council.
The policy recommends, but does not commit, communities and utilities to the development
of a detailed metropolitan energy management plan. (See page III-J-4 of Exhibit A)
· "Finding #4" in the Environmental Resources Element was modified by Lane County to
defme forest lands as those lands acknowledged by the Land Conservation and Development
Council Regular Meeting Minutes
May 17,2004
Page 11
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Commission (LCDC) as of the date of adoption of the 1993 amendments to Goal 4. (See page
6 Exhibit B)
· Minor Diagram amendments were made by Eugene staff for Eugene sites.
Lane County Commissioners met to consider this same package of updates on May 12, but did
not act at that time. The commissioners indicated there were some changes they were
considering, but did not formulate those changes into a format that staff could include in the
council packets. Council could choose to adopt this packet leaving Lane County to act on this
and any other changes they may choose. If Lane County does make changes, both Eugene and
Springfield would have to revisit this to consider those changes. Staff would be meeting with
Lane County staff on Tuesday, May 18 to address Lane County concerns without affecting the
packet before council tonight. If that could be done, and Lane County adopted the packet, it
would be fmalized. If council chooses not to adopt this packet at this time, it would go to Lane
County for their changes and then back to council with those changes in place. Lane County
would consider this again on June 2. Staff would brief council on the action of the Lane County
Commissioners once their decision had been made. The three jurisdictions must each adopt the
same information and same language.
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Councilor Fitch said these are housekeeping revisions. This is the best explanation she could
think of why the metro plan does not work. If the three jurisdictions can't work on this as
partners, they need to look at going alone. It took seven years to update this plan and these
housekeeping items should have been taken care of quickly and easily. Too much time and
energy has been put into this with no real outcome or advantage. They are spending staff time,
council time and Lane Council of Government's (LCOG) time for this small issue. She discussed
the joint elected officials meetings requiring all elected officials and staff to attend. The decisions
made in those joint meetings are dissolved because they are not taking a vote at the meeting.
Frustration level is extremely high. She would like to look elsewhere at our options.
Mayor Leiken agreed with Councilor Fitch.
Councilor Ralston asked for the explanation of the severability clause.
Ms. Kieran said if the council action is appealed and portions of the amendments are found to be
invalid, it does not invalidate all of the amendments.
Discussion was held regarding the energy policy included in the plan. It does not commit our
utilities or cities to anything they aren't already doing.
Mayor Leiken asked Ms. Kieran to draft a memo to council based on Councilor Fitch's remarks
on what it would take for the City of Springfield to remove itself from the metro plan from a legal
standpoint. He would like the memo to include the negatives and positives of removing
Springfield from the metro plan based on Ms. Kieran's legal recommendation and analysis and
senior staff input. The Mayor would also like to schedule a work session regarding this after the
memo has been received.
Ms. Kieran said she could draft that memo. They do have materials regarding this subject.
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IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW
TO ADOPT ORDINANCE NO. 6087. THE MOTION PASSED WITH A VOTE OF 5 FOR
AND 0 AGAINST.
Council Regular Meeting Minutes
May 17,2004
Page 12
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Councilor Fitch noted that she accepted this ordinance with the understanding that if Lane County
changes anything, it would not come back to council until the other two jurisdictions have
accepted it. At that time Springfield would decide if any changes needed to be made.
BUSINESS FROM THE CITY COUNCIL
1. Committee Appointments
2. Business from Council
a. Committee Reports
1. Mayor Leiken and Councilor Ballew attended the Metropolitan Planning
Commission (MPC) meeting. During the meeting, Springfield brought up the idea
for initiation within the metro plan. There was concern on Springfield's position on
the metro plan.
Councilor Ballew said there was a motion to approve going ahead with arbitration
with Com cast. Springfield staff had asked to wait a month for the decision in Los
Angeles and evaluate that outcome. Springfield voted no on this motion and Lane
County and the City of Eugene were displeased with this vote.
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2. Mayor Leiken held an official press conference to announce that the Environmental
Impact Study (EIS) on the permanent Willamette River Bridge was expanded to
include on and off ramps. Congressman Peter DeFazio was also present for this press
conference and is very enthusiastic about this project.
b. Other Business
1. Councilor Fitch said during executive session, the City Manager Contract was
reviewed. During that meeting the Mayor and council expressed extreme pleasure
with the leadership that Mike Kelly continues to bring to the city.
IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR
BALLEW TO APPROVE THE CITY MANAGER'S CONTRACT AS AMENDED
TO INCLUDE A 2.5 PERCENT COST OF LIVING SALARY ADJUSTMENT
AFFECTIVE RETROACTIVE TO JANUARY 15,2004 AND A 1 PERCENT
COST OF LIVING SALARY ADJUSTMENT AFFECTIVE JANUARY 16,2005
THROUGH JUNE 30,2005. THE CITY MANAGER'S CONTRACT YEAR
WOULD THEN RUN FROM JULY 1 THROUGH JUNE 30 FOR
COMPENSATION CONSIDERATION IN SUBSEQUENT YEARS. THE
MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST.
Councilor Fitch thanked Mr. Kelly for all he does for the city.
BUSINESS FROM THE CITY MANAGER
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BUSINESS FROM THE CITY ATTORNEY
Council Regular Meeting Minutes
May 17,2004
Page 13
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ADJOURNMENT
The meeting was adjourned at 8:20 p.m.
Minutes Recorder Amy Sowa
Attest:
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