HomeMy WebLinkAbout03/17/2003 Regular
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MINUTES OF THE REGULAR SESSION
OF THE SPRINGFIELD CITY COUNCIL
HELD ON MONDAY, MARCH 17,2003
The Springfield City Council met in regular session at Springfield City Hall, Council Meeting
Room, 225 Fifth Street, Springfield, on Monday, March 17,2003 at 7:00 p.m., with Mayor
Leiken presiding.
ATTENDANCE
Present were Councilors Ballew, Burge (by conference phone) Fitch, Ralston, and Woodrow.
Also present were City Manager Mike Kelly, Interim Assistance City Manager Cynthia Pappas,
and members of the staff.
PLEDGE OF ALLEGIANCE
Mayor Leiken led the Pledge of Allegiance.
SPRINGFIELD UPBEAT
1. Recognition of Gary Karp, Development Services Department, for 25 Years of Service to the
City of Springfield
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The council recognized Gary Karp, Development Services Department, for 25 years of service to
the City of Springfield. City Manager Mike Kelly recalled Mr. Karp's efforts on the City bicycle
path system early in his career, his various assignments over the years, and his eventual
promotion to Planner 3.
Mr. Kelly presented Mr. Karp with a plaque in recognition of his service.
Mayor Leiken expressed appreciation to Mr. Karp for the work he did.
CONSENT CALENDAR
Mr. Woodrow asked that item 3 (a) Resolution be removed from the Consent Calendar.
1. Claims
a. Approve the February 2003 Disbursements for Approval
b. Accept the 2001/2002 Comprehensive Annual Financial Report and Management Letter
2. Minutes
a. February 18,2003 - Regular Session
b. February 19,2003 - Regular Session
4. Ordinances
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a. ORDINANCE NO. 6043 - AN ORDINANCE WITHDRAWING CERTAIN REAL
PROPERTY OWNED BY BENSON, LOCATED IN WEST SPRINGFIELD, SOUTH OF
Sprin'gfield City Council
Minutes of Regular Session - March i 7,2003
Page - 2
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CENTENNIAL BOULEVARD, EAST OF ANDERSON LANE, SOUTHWEST OF
KELLOGG ROAD, AND IDENTIFIED AS APPROXIMATELY .38 ACRES
INVOLVING TAX LOT 701 Tl7S R03W S33 MAP 11: HERETOFORE ANNEXED TO
THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT.
b. ORDINANCE NO. 6044 - AN ORDINANCE WITHDRAWING CERTAIN REAL
PROPERTY OWNED BY RUHOFF, LOCATED IN WEST SPRINGFIELD, SOUTH OF
CENTENNIAL BOULEVARD, WEST OF ASPEN STREET, AND IDENTIFIED AS
APPROXIMATELY .95 ACRES INVOLVING TAX LOTS 300 AND 400 Tl7S R03W
S34 MAP 23: HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE
RAINBOW WATER DISTRICT.
c. ORDINANCE NO. 6045 - AN ORDINANCE WITHDRAWING CERTAIN REAL
PROPERTY OWNED BY ARLIE & COMPANY, LOCATED WEST OF BALDY LANE
AND SOUTH OF DEADMOND FERRY STREET, AND IDENTIFIED AS
APPROXIMATELY 12.4 ACRES INVOLVING TAX LOTS 100 AND 200 T17S R03W
S22: HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE
RAINBOW WATER DISTRICT.
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d. ORDINANCE NO. 6046 - AN ORDINANCE WITHDRAWING CERTAIN REAL
PROPERTY OWNED BY PEACEHEALTH, LOCATED EAST OF BALDY VIEW
ROAD, SOUTH OF DEADMOND FERRY ROAD, AND IDENTIFIED AS
APPROXIMATELY 59 ACRES INVOLVING TAX LOTS 1200, 1600, 1800, T17S R03W
S14: TAX LOT 2200, T 17S R03W S15 MAP 40: PART OF TAX LOT 1000 AND PART
OF TAX LOT 1001. T17S R03W S 22: TAX LOTS 600, 601. 602, 700, 800, T17S R03W
S23: HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE
RAINBOW WATER DISTRICT.
e. ORDINANCE NO. 6047 - AN ORDINANCE WITHDRAWING CERTAIN REAL
PROPERTY KNOWN AS BAYBERRY COMMONS, LOCATED IN WEST
SPRINGFIELD, SOUTH OF HARLOW ROAD, WEST OF PIONEER P ARKW A Y, EAST
OF LAURA STREET, AND NORTH OF "S" STREET, AND IDENTIFIED AS
APPROXIMATELY 3.6 ACRES INVOLVING TAX LOTS 1200 AND 1300 T17S R032
S27 MAP 10: HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE
RAINBOW WATER DISTRICT.
5. Other Routine Matters
a. Approve Endorsement of OLCC Liquor License Application for the Original Roadhouse
Grill, Located at 3018 Gateway Street, Springfield, Oregon.
b. Authorize the City Manager to Renew the Workers Compensation Insurance with SAIF for
the City's 2003-04 Workers Compensation Policy.
IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR
BALLEW TO ADOPT THE CONSENT CALENDAR, WITH THE EXCEPTION OF
ITEM 3 A. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST.
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ITEMS REMOVED FROM THE CONSENT CALENDAR
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Springfield City Council
Minutes of Regular Session - March 17,2003
Page - 3
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3.
Resolutions
a. RESOLUTION NO. 03-14 - A RESOLUTION OF THE CITY OF SPRINGFIELD TO
APPEAL THEIR EMPLOYER RATE FOR PUBLIC EMPLOYEES RETIREMENT.
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Councilor Woodrow acknowledged the work of the Human Resources Department staff in
working to save the City money and expressed appreciation for the effort.
IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR
BALLEW TO APPROVE RESOLUTION NO. 03-14. THE MOTION PASSED WITH A
VOTE OF 5 FOR AND 0 AGAINST.
PUBLIC HEARINGS
1. Supplemental Budget Resolution.
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RESOLUTION. NO. 03-15-A RESOLUTION ADJUSTING RESOURCES AND
REQUIREMENTS IN THE GENERAL FUND: SPECIAL REVENUE FUND:
TRANSIENT ROOM T AX FUND: SEWER CAPITAL PROJECTS FUND:
DEVELOPMENT ASSESSMENT CAPITAL FUND: DEVELOPMENT PROJECTS
FUND: STREET CAPITAL FUND: SEWER SDC FUND: SEWER OPERATIONS FUND:
REGIONAL WASTEWATER FUND: BOOTH-KELLY FUND: INSURANCE FUND:
AND VEHICLE AND EQUIPMENT FUND.
Finance Director Bob Duey was present for the item. He reviewed the proposed supplemental
budget, noting the reductions being implemented in advance of the fiscal year 2004 budget. Mr.
Duey invited questions.
Councilor Ralston asked about the addition of one Full-Time Equivalent (FTE) employee
identified on page 1 of the budget. Mr. Duey said that the FTE in question was being funded by a
domestic violence grant made to the Springfield Police Department. .
Councilor Ballew referred to Attachment 2-1 and the line item labeled "Lane County - Olympic
Street" and suggested that it was mislabeled. Mr. Duey indicated he would follow up, agreeing
that the number appeared more related to Fire than to the Olympic Street issue.
Mayor Leiken opened the public hearing. There being no requests to speak, Mayor Leiken closed
the public hearing.
IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR
BALLEW TO ADOPT RESOLUTION NO. 03-15. THE MOTION PASSED WITH A
VOTE OF 5 FOR AND 0 AGAINST.
2. Request to Vacate a Right-of-Way.
ORDINANCE 6-AN ORDINANCE VACATING THE RIGHT-OF-WAY IDENTIFIED AS
COUNTY ROAD 221 BETWEEN 42ND STREET AND OLYMPIC STREET.
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Springfield City Council
Minutes of Regular Session - March 17,2003
Page - 4
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Planner Mark Metzger, Development Services was present for the staff report and noted a
correction in the ordinance before the City Council, saying that Section 4 on page 1.2 should be
struck as unnecessary.
Mr. Metzger recommended approval of the vacation as consistent with the Eugene-Springfield
Metropolitan Area General Plan and local planning documents, and because of its lack of
negative impact on other services. He recommended that some conditions be attached to the
approval, including that the City retain the public easements in the right-of-way, which the
applicant agreed to. The applicant agreed to survey the area and identify the easements to be
retained. He confirmed, in response to a question from Ms. Ballew, that the City would request
the survey for the right-of-way vacation to be done prior to the vacation being recorded.
Ms. Ballew asked if the City normally changed the name of roads such as County Road 221. Mr.
Metzger explained that when County deeded the road to Springfield in 1965, it was merely a
fragment of a road and not a used right-of-way, which was probably why it was not renamed.
For the record, Mr. Burge said that his firm did business with Mr. Hammer but that would not
affect his decision on the issue.
Mayor Leiken opened the public hearing.
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1. Marshal Dannen, 2996 Musket Road, Eugene, was in support of the application but was
concerned about the old right-of-way on 42nd Street. He wanted to retain access to his
property and did not want to lose the opportunity to see the road for that purpose.
Speaking to Mr. Dannen's testimony, Mr. Metzger said that he examined the right-of-way
agreement, which mentioned the old Olympic Driveway and which included provisions to keep it
open as a "right in, right out" until traffic conditions warranted its closure. He had not been able
to find that Mr. Dannen's concerns were reflected in his notes, but believed they were addressed
in the fine details of the agreement.
There being no further requests to speak, Mayor Leiken closed the public hearing.
Mr. Woodrow asked what would happen to Mr. Dannen's access when traffic conditions reached
a certain condition. Mr. Metzger quoted from the right-of-way agreement, which indicated that it
was the City's intent to keep the access open and operating at a minimum as a "right in, right out"
movement, but safety or operational considerations may force consideration of closing it in the
future. In that event, staff would first work to address the safety and operational considerations
using other reasonable steps before a recommendation was made to close the access. The City
would also consult with Mr. Hammer prior to its closure. City Attorney Joe Leahy said that the
agreement expressed the intent of the~ City to keep the road open as long as it was safe, but it did
not tie the council's hands if safety considerations arose and it became necessary to close the
road.
Mayor Leiken determined that Mr. Dannen was satisfied with the answer from Mr. Metzger. He
noted that this was the first reading for the item, and action would occur at a later date.
3. Comprehensive Planning Fees
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Sprin'gfield City Council
Minutes of Regular Session - March 17, 2003
Page - 5
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ORDINANCE NO.7-AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
OF SPRINGFIELD AMENDING APPENDIX L DEVELOPMENT CODE FEES
SCHEDULE, AS ESTABLISHED IN THE SPRINGFIELD DEVELOPMENT CODE (LRP
2003-00004)
John Tamulonis of the Development Services Department joined the council for the item. He
noted that the council had held two previous work sessions on the item. He called attention to the
findings developed for the ordinance, which indicated the fee was consistent with the council's
direction to staff regarding the recovery of the cost of service delivery. He said that the fee being
proposed reflected the true and actual cost of that service. Mr. Tamulonis called the council's
attention to the actual change in the ordinance, reflected on Attachment 1-4. He invited
questions.
Mr. Woodrow determined from Mr. Tamulonis that a fully developed house that was annexed
into the City would pay the fee. The property owner would not pay for the value of the
improvements on the lot. Mr. Woodrow asked ifthe property owner would pay a systems
development charge as well. Staff indicated that unless there was additional development on the
site, no systems development charge outside the regional wastewater systems development charge
would be assessed.
Mayor Leiken opened the public hearing.
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1. Roxie Cueller, 2053 Laura Street, S1Jringfield, Director of Government Affairs for the Lane
County Homebuilders Association, expressed concern that the proposed fee could discourage
voluntary annexations. She suggested that the City distinguish between developed and
undeveloped areas when it assessed the fees. Ms. Cueller objected to the use of gross acreage
in calculating the fee as increasingly, buildable land was constrained and the yield per gross
acre was getting lower. She believed that the proposal before the council would add quite a
bit to the cost of a house because some developments would not be able to realize as many
units per acres as others could. Ms. Cueller emphasized the cumulative impact of the many
fees that the local governmental jurisdictions were considering. In many cases, those fees
were coming from the same pockets. She said that currently, she had ten proposals for fee
increases in Lane County on her desk. Those in Springfield alone would add $1,000 to the
cost of housing not already in the city. As a member of the Budget Committee, Ms. Cuellar
acknowledged the City had to recover money, but she remained concerned that there was a
single source of funding for most of the fees being proposed.
Mayor Leiken closed the public hearing. He noted that this was the first reading for the item. He
encouraged continuing staff dialogue with the Homebuilders Association.
BUSINESS FROM THE AUDIENCE
None.
BUSINESS FROM THE CITY COUNCIL
1. Committee Appointments
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2.
Business from Council
Sprin'gfield City Council
Minutes of Regular Session - March 17,2003
Page - 6
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a.
Committee Reports
Councilor Woodrow reported on the recent meeting of the McKenzie Watershed Council and said
it appears the Bonneville Power Administration funding for this year would be available. The
Watershed Council has agreed to investigate other sources of funding next year.
Councilor Woodrow deferred the report on the Public Safety Coordinating Council's (PSCC)
Policy Committee meeting to City Manager Mike Kelly.
Mr. Kelly said that because of budget reductions, the Policy Committee agreed that PSCC should
be reduced to its mandated membership and mandated work plan. That recommendation would
be referred to the full PSCC, the Lane County Board of Commissioners, and the participating
cities for adoption.
Councilor Burge asked Mr. Kelly how much cash the PSCC had expended since its inception.
Mr. Kelly indicated that the PSCC spent about $400,000 in an average year; Springfield donates
$10,000 to $13,000 of City funding as well as dedicated grant funds to the effort.
Councilor Fitch reported that the Bus Rapid Transit (BR T) Steering Committee reviewed
different alignments for the Pioneer Parkway Extension. The committee met with the L TD Board
to discuss its plans for the Glenwood area. She anticipated that the council would hear about the
committee's vision for Glenwood in 2025.
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Councilor Fitch said that she met with City Manager Kelly and Eugene City Council Pape' and
Jim Carlson regarding Eugene's position on emergency medical service boundaries and how it
would affect the metropolitan area.
Councilor Ballew said the Metropolitan Policy Committee endorsed a letter requesting federal
assistance for the Springfield Transit Station and discussed the public involvement requirements
associated with Area Commissions on Transportation.
Councilor Ralston reported on the recent LIP A conference at Lane Community College the
previous Saturday. He said that various health care providers attended the conference, which he
found informative. Those in attendance agreed that having local control of federal dollars was
important. He anticipated more meetings on the topic.
BUSINESS FROM THE CITY MANAGER
1. Appeal of the Hearings Official's Decision on Matters Related to Allowable Uses in the
Campus Industrial Zoning District as Regulated by the Springfield Development Code.
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Planning Supervisor Mel Oberst was present for the staff report. He said that the item was an
appeal of the Hearings Official's decision on a proposal to locate a moving and storage company
on International Way adjacent to Shorewood Packaging and Fed Ex. The Hearings Official had
determined that such a use was not permitted. The Hearings Official had expanded his decision
to include other uses currently located in the industrial district and questioned the location of Fed
Ex as well as some other businesses that have located in the district without permission from the
City Springfield as the City lacks a tracking system for changes of use.
Springfield City Council
Minutes of Regular Session - March 17,2003
Page - 7
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Mr. Oberst believed that the City could produce positive findings regarding Fed Ex as a permitted
use in the district, but could not produce such findings related to another company, Global
Industries, Inc., and Rex Meyers Transfer, which is also located in the district by moving into a
business park without a change of use permit. He said that business parks were an oddity in that
there was no control over the uses; the uses could change within the park. Mr. Oberst said the
Hearings Official had found ambiguity in the way the code was written related to the uses
permitted in the district. He recommended that if the council wished to make the uses allowed in
the district a little clearer, it should instruct staff to evaluate the uses in the district as they related
to the council's intent for the district, and return to the council with recommendations for
amending the code.
Responding to a question from Councilor Ralston, Mr. Oberst said that Fed Ex was not a
conforming use if it were considered a regional distribution center. It was a conforming use if
were considered to be a mailing service, which was allowed in the district.
Councilor Ralston asked if staff was suggesting that the City request the existing businesses in the
district to move. Mr. Oberst said that decision is entirely up to the City Council.. Under current
regulations, the businesses were not permitted, and the City could address that through its code
enforcement processes. He added that the City had never done that before, and he did not think it
was the City's intent to do so.
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Councilor Ralston asked if the City could prevent the situation from happening again. Mr. Oberst
said no, not in the absence of a licensing process. Currently, the City learned of such situations in
drive-by or citizen reporting. Mr. Oberst noted that the situation had occurred elsewhere in the
community.
Mayor Leiken said he had recently spoken to the principal of North Bank Properties, who
indicated willingness to drop the appeal. He recommended that the City form an Advisory
Committee to examine the campus industrial zone. He thought the zone needed to be revisited to
ensure it still worked because of the several challenges the zone created for the City. Mayor
Leiken suggested that the City had an opportunity to work with the property owners to foster jobs
in the community. He recommended that the owners of North Bank Properties, a City Councilor,
and a member of the Planning Commission be asked to serve. He recommended that Councilor
Burge be the council representative. He also recommended that the committee have a sunset
placed on it so that the work is completed no later than September 2003.
Councilor Ballew proposed that this new committee examine the question of business licensing as
well to avoid such situations in the future. She did not see the licensing system as a revenue .
generator but rather as a tracking mechanism.
Councilor Fitch concurred such an examination would be useful, but suggested that there be two
separate, focused efforts with different representation.
Interim Assistant City Manager Cynthia Pappas endorsed the examination proposed by Councilor
Ballew and said that staff had done considerable work on business license fees and was prepared
to provide that information to the City Council.
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Councilor Burge noted his concern about the potential of a business license system and said he
did not even know a staff investigation was underway.
Sprin'gfield City Council
Minutes of Regular Session - March 17,2003
Page - 8
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Mr. Oberst recommended that the council affIrm the decision of the Hearings Official.
Responding to a question from Councilor Woodrow, Mr. Oberst said that the business proposed
for the site had relocated elsewhere.
Councilor Burge suggested the item be deferred to April 7.
IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR
BALLEW TO AFFIRM THE DETERMINATION OF THE HEARINGS OFFICIAL, AND
TO DIRECT STAFF TO MOVE FORWARD WITH AN ADVISORY COMMITTEE TO
STUDY AND UPDATE THE CAMPUS INDUSTRIAL DEFINITIONS, WITH
COUNCILOR BURGE AND A PLANNING COMMISSIONER TO SERVE ON TillS
COMMITTEE.
Responding to a suggestion from Mr. Oberst, the City Council concurred that a major property
owner in the district would be asked to serve on the committee as well.
THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST.
2. Other Business.
Councilor Burge asked that the work completed by staff to date on the Business License issue be
forwarded to him.
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BUSINESS FROM CITY ATTORNEY
Mr. Leahy wished the City Council a happy St. Patrick's Day.
ADJOURNMENT
The meeting was adjourned at 7:55 p.m.
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Minutes Recorder - Kimberly Young
ATTEST:
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City Recorder
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