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HomeMy WebLinkAbout04/07/2003 Regular \' " , . . . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, APRIL 7, 2003 The city of Springfield council met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, April 7, 2003 at 7:00 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, Councilors Ballew, Fitch, Woodrow, Burge, and Ralston. Also present were City Manager Michael Kelly, Interim Assistant City Manager Cynthia Pappas, City Attorney Joe Leahy, Clerk III Amy Sowa and members of the staff. PLEDGE OF ALLEGIANCE Mayor Leiken led the Pledge of Allegiance. SPRINGFIELD UPBEAT 1. City Manager Michael Kelly recognized Curtis Bierman, Fire and Life Safety Division, for 30 years of Service to the City of Springfield. 2. City Manager Michael Kelly recognized Ray Brunton, Fire and Life Safety Division, for 30 Years of Service to the City of Springfield. 3. City Manager Michael Kelly recognized Ron Koozer, Fire and Life Safety Division, for 30 Years of Service to the City of Springfield. 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. Approve the March 2003 Disbursements for Approval 2. Minutes 3. Resolutions a. RESOLUTION NO. 03-16 - A RESOLUTION TO ACCEPT PROJECT P20164 FROM EUGENE SAND AND GRAVEL, INC., IN THE AMOUNT OF $169,536.86. 4. Ordinances 5. Other Routine Matters a. Authorize the City Manager to Execute the Agreement to Purchase Tax Lot 5102, Map No. 17-03-22-44 for the Amount of $54,800.00. Springfield City Council Regular Session Min)ltes - April 7, 2003 Page - 2 . b. Authorize the City Manager to Execute an Amended Intergovernmental Agreement with the Oregon Department of Transportation (ODOT) for Funding ofthe 21 st Street Reconstruction, Main to Olympic Street, Project P20273. c. Authorize the City Manager to Execute a Contract with EGR & Associates, Inc., in the Amount of $141 ,205 .00 for Engineering Services for the Glenwood Trunk Sewer Design and Construction Management. . d. Accept the Bid from Special Asphalt Products for a Self Propelled Asphalt Machine in the Amount of$78,500.00. e. Award the Contract to Eugene Sand and Gravel in the amount of $8,845.00, for the 21 st A venue Sanitary Sewer Improvement Project. PUBLIC HEARINGS City Attorney Joe Leahy announced that the Vacation of Public Rights of Way for Lithia will be continued until the June 16 Regular Session. Planner Mel Oberst has been working with the owners of Lithia and their attorney, Mike Farthing, to define the issues and potentially present something for the council to consider with respect to that appeal. It involves looking at code and possibly presenting to council an amendment that would relate to that particular matter. For that reason, the attorney from Lithia has asked for an extension of this until the June 16 Regular Session and has waived the 120 day rule. No one was present for this public hearing. . Mayor Leiken acknowledged the recommendation brought forth by the City Attorney to bring the Vacation of Public Rights of Way for Lithia forward to the June 16 Regular Session. 1. Annexation of Property Located at Harvest Lane and Hayden Bridge Road, Journal Number LRP 2002-10351, Northwood Christian Church. RESOLUTION NO. 03-17 - A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD AND REQUESTING THAT THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVE THE ANNEXATION. Planner II Susanna Julber was present for the staff report. She said the property owners of the subject territory, Northwood Christian Church, have requested annexation in order to develop property located at Assessor Map Number 17-03-24-33, Tax Lot 200. The church is located at 2425 Harvest Lane, at the intersection of Harvest Lane and Hayden Bridge Road, in Springfield. The site is not contiguous to the City Limits, and is separated from the City Limits by Hayden Bridge Road. The applicant wishes to expand an existing Church within the annexation area. Although the Church is a pre-existing use, expansion of such a use is not permitted in the Urbanizable Fringe Overlay District, and annexation is required in order for the Church to expand. The fIrst phase of the expansion is the parking lot expansion. The annexation area is 2.66 acres. . Ms. Julber said that Article 6.030(2) of the Springfield Development code requires that territories considered for annexation must be provided with "key urban facilities and services", as defined in Metro Plan Policy 8.a, Page II-B-4. Among these key urban services are water, sanitary sewer, Springfield City Council Regular Session Minutes - April 7, 2003 Page - 3 . storm water facilities, streets, electricity, parks fire/emergency service,' schools, etc. Staff finds that all key urban services, with the exception of sanitary sewer, are available to the site. The existing development is dependent on a septic system which functions acceptably according to the Lane County Sanitarian's office. The Sanitarian's office has determined that the Church can continue to use the existing system for their first phase of development, which entails an expansion of the existing parking lot. The applicant has entered into an Annexation Agreement with the City stipulating that in the event the existing system fails, or when the intensity of the proposed development warrants that the applicant connect to sanitary sewer, the applicant will initiate a Local Improvement District to extend sanitary sewer to their development from Delrose Drive, located to the north and west, approximately 870 feet. The Agreement also stipulates that if the City does extend sanitary sewer within 300 feet on the annexation area, the applicant is required to abandon their septic system and connect to City sewer. 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 electors registered in the territory proposed to be annexed. There are no registered electors currently residing within the territory proposed for annexation. With City Council approval, this resolution will be forwarded to the Lane County Local Boundary Commission with a recommendation for approval. A public hearing before the Boundary Commission will be held on the annexation on June 5,2003. . Ms. Julber said the applicant understands that their potential to expand their development might be limited in the future, but they have severe parking problems that they are trying to remedy. Mayor Leiken opened the public hearing. William Randall, 4765 Village Plaza Loop Suite 200, Eugene, OR. Mr. Randall is with Arbor South Architecture and represents the Northwood Christian Church. He said the applicant does understand the conditions and the potential that might be there for future expansion and they accept that. Mr. Randall said he is available for questions from council. Mayor Leiken closed the public hearing. Councilor Burge asked who makes the determination whether or not the septic system is still in working order. City Attorney Joe Leahy explained that under state law Lane County Sanitarian is the agent for the DEQ, and the City does not get involved in those decisions. Councilor Ballew does not agree with island annexation and will not support the annexation request. . IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO ADOPT RESOLUTION NO. 03-17. THE RESOLUTION PASSED WITH A VOTE OF 4 FOR AND 1 AGAINST (BALLEW). Springfield City Council Regular Session Minutes - April 7, 2003 Page - 4 . BUSINESS FROM THE AUDIENCE 1. Suzanne Shine, 591 W. 19th Ave., Eugene, OR. 97401. Ms. Shine is here to address Council and to ask for help. Ms. Shine was a victim of a crime in Dec. 2001 which she does not feel was appropriately investigated. She has spoken with Mike Kelly and Police Chief Smith regarding this issue. She discussed the crime and the fact that the man who committed the crime was not arrested. She shared the criminal history of this man. She discussed the difficulties she has faced in her life since the crime. She felt she was not treated fairly. Ms. Shine spoke with Steve Walker, ChiefInvestigator from the District Attorney's office today and they are ready to investigate this with the cooperation of the Springfield Police Dept. She would like to speak with Councilors in private if possible. Ms. Shine said she was also assaulted by her landlady this past summer and she could receive no help from Police. Ms. Shine commended Julie Wilson who has been very helpful "to her and Officer Tonya Hackett, who took the initial report of the sexual assault and who was also very helpful. . Mr. Kelly said that he met with Suzanne Shine and an advocate about 6 weeks ago. Mr. Kelly had given Ms. Shine 3 options: 1) Speak before Council in public, 2) Visit with Mr. Kelly and he could investigate the conduct of the police department regarding her case and whether or not there was prejudice against her. He told her he could not look into the investigation as far as whether or not the person should have been arrested, but could make sure the appropriate processes were followed, or 3) Ms. Shine could do a formal investigation request with the Police Dept. Ms. Shine chose to meet with Mr. Kelly at that time. Mr. Kelly said he took appropriate action after looking through documentation. Ms. Shine is still not satisfied about the charge brought against this person and this person being accountable. She has tried to issue a formal complaint, but felt she was not taken seriously. The process has been explained to Ms. Shine. Council can direct staff to move forward or investigate. Mr. Kelly noted that Police Chief Jerry Smith did not find error in police policy and procedure. Mr. Kelly said that Ms. Shine would like Council to know that she is not happy with the answers she has received. Ms. Shine said she did not want to find more victims of this man and was hoping that by coming forward she could prevent that from happening. Mayor Leiken said that he and the Council appreciate Ms. Shine coming forward. The Mayor will meet with Mike and Chief Smith regarding what more can or cannot be done. Councilor Fitch agreed that they appreciate her coming forward. She said there are limitations on what Council can do. She has faith in City Manager Mike Kelly and the options that he has given her. Mayor Leiken asked if Mr. Kelly and Chief Smith could follow-up with Steve Walker of the District Attorney's Office and give council leadership an overview of what they fmd. Councilor Fitch said that would be fine. Mr. Kelly said they would meet with Mr. Walker this week. COUNCIL RESPONSE . CORRESPONDENCE AND PETITIONS Springfield City Council Regular Session Minutes ~ April 7, 2003 Page - 5 . 1. Correspondence from Environmental Law Alliance Worldwide, 1877 Garden Avenue, Eugene, Oregon, Signed by 21 Persons from Around the World Regarding the Whilamut Natural Area of Alton Baker Park. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW TO ACCEPT THE CORRESPONDENCE FOR FILING. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. BIDS ORDINANCES 1. Adoption of Ordinances and Findings for Metro Plan and Gateway Refinement Plan Amendments Jo. NO. 2002-08-243 and Jo. No. 2002-08-244 (Peace Health). ORINANCE NO.1 - AN ORDINANCE AMENDING THE METROPOLITAN AREA GENERAL PLAN DIAGRAM BY REDESIGNATING UP TO 33 ACRES OF LAND FROM MEDIUM DENSITY RESIDENTIAL TO COMMUNITY COMMERCIAL AT THE GATEWAY MDR SITE AND DECLARING AN EMERGENCY. . ORDINANCE NO.2 - AN ORDINANCE AMENDING THE GATEWAY REFINEMENT PLAN DIAGRAM AND TEXT BY ALLOWING COMMUNITY COMMERCIAL PLAN DESIGNATION AT THE GATEWAY MDR SITE TO BE IMPLEMENTED BY MIXED USE COMMERCIAL ON THE SPRINGFFIELD ZONING MAP: BY AMENDING THE GA TEW A Y REFINEMENT PLAN TEXT TO ALLOW FOR THE COMMUNITY COMMERCIAL METRO PLAN DESIGNATION . TO BE AFFIXED UPON MASTER PLAN APPROVAL: TO ALLOW FOR THE MEDICAL SERVICES DISTRICT TO BE APPLIED TO UP TO 66 ACRES OF MEDIUM DENSITY RESIDENTIAL PLAN DESIGNATION: TO ALLOW FOR THE DEVELOPMENT OF A HOSPITAL, ASSOCIATED MEDICAL, OFFICE, RETAlL AND RESIDENTIAL USES: TO PRESERVE THE POTENTIAL FOR NODAL DEVLOPMENT: TO REQUIRE A MASTER PLAN TO BE APPROVED BY THE CITY COUNCIL. AND DECLARING AN EMERGENCY City Attorney Joe Leahy explained that staff was hoping to have the findings ready for Council's approval tonight, but there are still some items that need to be finished. He said it is normally a 3-4 week process and they were trying to complete it in one week. He asked that the Council, by motion, move this item to April 14. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW THAT THE ORDINANCES BE CARRIED FORWARD TO THE APRIL 14,2003 REGULAR MEETING. COUNCIL VOTED 5 FOR AND 0 AGAINST. 2. Comprehensive Planning Fee. . ORDINANCE NO. 6048 - AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD AMENDING APPENDIX 1. DEVELOPMENT CODE FEES . Springfield City Council Regular Session Minutes - April 7, 2003 Page - 6 SCHEDULE, AS ESTABLISHED IN THE SPRINGFIELD DEVELOPMENT CODE (LRP 2003-00004). Economic Development Manager John Tamulonis was present for the staff report. He said this is the second reading of the ordinance. City Council held a Public Hearing and first reading ofthe proposed ordinance on March 17,2003 and directed staff to continue discussion with the Lane County Homebuilders Association (LCHBA) regarding their proposal to consider waiving the fee for the developed portion of property being annexed. Their premise being that existing developed acres added value to the tax base in lieu of the fee and the fee forthe undeveloped portion of the parcel could be collected at the time of development. At the 3/10/03 Work Session, City Council directed staff to have the full fee paid at the time of annexation thereby avoiding costs associated with tracking the development of annexed parcels and collecting delayed payments owed the City for this fee. Further, the 1993 Springfield Comprehensive Urbanization Study evaluated the costs and benefits of annexing developed property in the UT. The results of the study demonstrated conclusively that the costs exceed the benefits in every situation. This proposed comprehensive planning fee recoups, in a small part, some ofthose costs, but certainly not all of them. . The Urban Transition Area's comprehensive planning costs are calculated as a prorated proportion of the City's total comprehensive planning work. This cost includes City expenditures for the range of comprehensive planning activities including a general 'overhead' (indirect) cost but excluding materials and service costs. With the proposed fees for services of $730 per acre and an average of 85 acres annexed annually (average over last 7 years), the estimated revenues derived from the comprehensive planning annexation fee would be about $62,050 annually in the General Fund. Planning Supervisor Mel Oberst spoke with Roxie Cuellar from the Homebuilders Association regarding these fees. Additional discussion of the matter with the Homebuilders has resolved their concerns about the potential inequity of the fee for developed residential areas and they no longer have any specific objection to this fee. However, LCHBA continues to be concerned about the cumulative effect of all fee increases that, in total, add up to a substantial amount per dwelling unit. For new residential deyelopment, on average, this fee would add approximately $200 to the cost of each dwelling unit. Mr. Oberst surveyed other Oregon cites and found that no other city has a planning recovery fee. However, several cities recoup their planning costs by having a very large base fee for annexation of $8500. They also require property process of plan change and zone change to pay $6000-$8000 for development rights. Most cities Mr. Oberst spoke with said they were looking at similar fees and would be updating their fee schedules in the coming year. . IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO ADOPT ORDINANCE NO. 6048. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 3. Request to Vacate a Right-of-Way, Hammer Industrial Subdivision. . Springfield City Council Regular Session Minutes - April 7, 2003 Page - 7 ORDINANCE NO. 6049 - AN ORDINANCE V ACA TING THE RIGHT -OF- WAY IDENTIFIED AS COUNTY RD. 221 BETWEEN 42ND STREET AND OLYMPIC STREET. Planner Mark Metzger was present for the staff report. A first reading and public hearing on this issue was held on March 17,2003. An affected property owner, Marshall Dannen gave testimony in support of the vacation, but was concerned about continuing access to 42nd Street from his property. Staff pointed out that an allowance for continuing access to 42nd Street is included in Section 6 of the Right-of-Way Vacation Agreement that was approved by the Council earlier this year. The staff report concludes that the proposal is consistent with the criteria for approving right-of-way vacations. Comments received through the Development Review Committee process expressed the need to reserve certain easements to protecting public and private utility facilities and access ways that are part of the recently created subdivision. The City Surveyor compi!ed a list of such easements and access ways to include in a new survey of the affected properties that will be approved by the City Surveyor and recorded with Lane County. The Planning Commission conducted a public hearing on the matter on June 18th, 2002 and no testimony in opposition to the proposal was received. The Commission voted unanimously (1 absent) to recommend approval of the vacation to the Council. . In the time since the Planning Commission, Public Works staff and the applicant have negotiated an agreement providing for the dedication of a multi-use path and the closure of a driveway on 42nd Street. The agreement was approved by the City Council and signed by the applicant on February 13,2003. The agreement is contingent upon approval of this right-of-way vacation by the city. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO ADOPT ORDINANCE NO. 6049. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Appointment to the Lane Workforce Partnership Board. Lane Workforce Staff Liaison John Tamulonis was present. He asked that Council review Chamber of Commerce applicants and appoint the Board recommendations - Jeri E. Ray and Annie Sakaguchi - as two Springfield business representatives nominated by the Springfield Chamber of Commerce to serve new three-year terms ending 12/31/05 for the Lane Workforce Partnership Board. . IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW, TO APPOINT JERI E. RAY AND ANNIE SAKAGUCm TO THE LANE WORKFORCE PARTNERSHIP BOARD FOR A THREE YEAR TERM EXPIRING . . . I . Springfield City Council Regular Session Minutes - April 7, 2003 Page - 8 ON DECEMBER 31,2005. THE MOTION PASSED WITH A VOTE OF 5 FOR AND o AGAINST. b. Appointment to the Museum Board of Directors and the Museum Committee. IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO APPOINT KRISTIE REDMOND TO THE MUSEUM BOARD OF DIRECTORS FOR A TERM EXPIRING OCTOBER 2, 2004 AND P. MAUREEN SICOTTE TO THE MUSEUM COMMITTEE FOR A TERM EXPIRING APRIL 7, 2007. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 2. Business from Council a. Committee Reports 1. Mayor Leiken reported on domestic preparedness statewide. He said there is an issue of money from the state through Homeland Security. There is $8.3 million total coming to the State of Oregon, $5.6 million allocated to local governments for . equipment, $1.4 million for exercises and another $1.1 million for the state. Next week they will be going through about 52 applications for the $4.3 million that is coming through. BUSINESS FROM THE CITY MANAGER There was no business. BUSINESS FROM THE CITY ATTORNEY There was no business. ADJOURNMENT The meeting was adjourned at 7:47 p.m. c Minutes Recorder Amy Sowa ~ -12