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HomeMy WebLinkAbout04/21/2003 Regular . . . I 0, City of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, APRIL 21,2003 The city of Springfield council met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, April 21, 2003, at 7:06 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, Councilors Ballew, Burge, Fitch, Ralston and Woodrow. Also present were City Manager Michael Kelly, Interim Assistant City Manager Cynthia Pappas, City Attorney Joe Leahy, City Recorder Kim Krebs and members ofthe staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Leiken. SPRINGFIELD UPBEAT 1. Mayor Leiken proclaimed April 30 as Tony Hawk Day. 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 2. Minutes a. April 7, 2003 - Work Session Minutes b. April 7,2003 - Regular Meeting Minutes 3. Resolutions 4. Ordinances 5. Other Routine Matters a. Approve Liquor License Endorsement for Mi Pueblo Mexican Dinmg, Formerly Crossroads Grill, Located at 737 Main Street, Springfield, OR. b. Approve Liquor License Endorsement for Shari's of North Springfield, Located at 900 Beltline Road, Springfield, OR. Regular Meeting Minutes April 21, 2003 Page 2 . c. Approve Liquor License Endorsement for Shari's of Springfield, Located at 1807 Pioneer Parkway, Springfield, OR. d. Approve Liquor License Endorsement for Get N Go Deli, Located at 152 28th Street, Springfield, OR. e. Approve Liquor License Endorsement for Taqueria Los Compadres, 1835 Pioneer Parkway East, Springfield, OR. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 1. Gateway Refmement Plan Diagram Amendment. City Planner Susana Julber presented the staff report on this issue. The April 2nd Planning Commission public hearing on this matter was continued at the applicant's request until May 6, 2003. The council public hearing scheduled for April 21 sl for the Gateway Refmement Plan Amendment will also require a continuance since the Planning Commission was unable to forward a recommendation for council review. The applicant requests the council to continue the public hearing to May 19,2003. . IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW, TO CONTINUE PUBLIC HEARING TO MAY 19,2003, FOR A REQUEST TO APPROVE GATEWAY REFINEMENT PLAN DIAGRAM TO RE-DESIGNATE 1.2 ACRE PARCEL LOCATED AT 433/449 HARLOW STREET, ASSESSOR'S MAP NUMBER 17-03-22-44 TAX LOT 7200 FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO NEIGHBORHOOD COMMERCIAL (NC). THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 2. Annexation of Property Located East of 47th Street and Rocky Road. RESOLUTION NO. 03-18 - 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. City Planner Susanna Julber presented the staff report on this issue. The property owners of the subject territory, OMC, LLC, have requested annexation in order to develop property located at Assessor Map Number 18-02-05-11, Tax Lot 400, and Assessor Map Number 18- 02-15-12, Tax Lots 9002 and 9100, East of 47th Street and Rocky Road, in Springfield. Most of the westerly boundary of the annexation is contiguous to the city limits. The applicant wishes to annex the property in order to create a single family residential subdivision. The property is zoned Low Density Residential / UF 10 and designated Low Density in the Metro Plan. The annexation area is 9.7 acres and is currently undeveloped, vacant land. . 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, Regular Meeting Minutes April 21, 2003 Page 3 . storm water facilities, streets, electricity, parks, fire/emergency services, schools, etc. Staff finds that key urban services, with the exception of fully improved public streets and public storm drainage, are available to serve the annexation area. Public Works policy is to exclude unimproved rights-of-way from annexation requests. However, this means that at the time of the subdivision, the city must annex just the rights of way, following street improvements by the developer. This method can be costly and inefficient. Public Works has recommended that the applicant, in this instance, can annex the unimproved right of way with this annexation request, with a Performance Bond. Staff is currently developing an Annexation Agreement, will be presented to council at a future work session, prior to the June 5 Boundary Commission meeting. Additionally, the developer, as will be set forth in the Agreement, is responsible for developing on-site and off-site storm water facilities, in accordance with the standards in the Engineering Design Standards Manual. Susanna Julber answered questions from council. The next Lane County Boundary Commission agreement is June 5th. If it takes more time to refine this, it could be taken to the August Boundary Commission. Joe Leahy said if council is not satisfied, staff would testify before the Boundary Commission and state that we can't provide the public services. He said staff/Council will achieve agreement with the applicant or the annexation is not supported. . Councilor Ballew asked the value of the performance bond. Ms. Julber said a bond of approximately $40,000 will need to be posted. This is 10 percent of the value of the improvements. Supervising Civil Engineer Ken Vogeney answered questions from council. If the applicant does not perform the street improvements, then the city would direct the bonding company to perform the street improvements, up to the amount of the bond, approximately $40,000. 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 03-18. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 3. Fiscal Year 2003-2004 Community Development Block Grant and Home Investment Partnership Recommended Funding Allocations. Housing Program Specialist Kevin Ko presented the staff report on this issue. The Springfield Community Development Advisory Committee (CDAC) has reviewed proposals and prepared CDBG and HOME funding recommendations for the FY 2003-04 program year. The recommendations are being forwarded to the City Council for consideration and approval. The CDAC's funding recommendations are consistent with Springfield's local funding priorities and identified community development needs as documented in the Eugene-Springfield Consolidated Plan. . Regular Meeting Minutes April 21, 2003 Page 4 . The City of Springfield is allocating $818,000 in Community Development Block Grant (CDBG) funds and $739,500 in HOME Investment Partnership (HOME) funds to develop viable urban communities. Funded projects and services will provide decent, safe and affordable housing for persons of low-income; a suitable living environment and economic opportunities for persons of low and moderate income. The amount available consists of a FY 03 CDBG grant of $758,000 and an FY03 HOME grant of $490,545, and approximately $308,955 of un allocated funds from previous years ($60,000 for CDBG and $248,955 for HOME). The unallocated HOME funds include $211,455 returned to the HOME program from a project that was unable to be developed. The CDAC set aside $365,300 for CDBG and $228,582 for HOME for the following activities: City administered housing programs, grant administration, social service programs administered by the Intergovernmental Human Services Commission and operating assistance for area Community Housing Development Organizations (CHDO). In addition, the second of two $37,500 allocations to the Lane County Child Advocacy Center (CAC) is being set aside from this year's allocation process. The council awarded two CDBG allocations totaling $75,000 to CAC in 2001, to be split over two fiscal years. The first allocation of $37,500 was taken from last year's CDBG budget. . A Request for Proposals for the balance of$327,800 in CDBG and $510,918 in HOME was issued on January 31, 2003 with responses due back by March 14,2003. The city received 10 requests for funding totaling $1,500,680. The Springfield CDAC held a Public Hearing on April 2, 2003 to hear testimony and review proposals. The CDAC funding recommendations are being presented for Council's review and approval. Mayor Leiken opened the public hearing. 1. Mark Pangborn, PO Box 841, Springfield, representing Springfield Renaissance Development Corporation (SRDC), spoke regarding the CDBG and HOME funding allocations. He is a member of the SRDC Board of Directors and project manager for the Wildish Community Theatre rehabilitation project on Main Street. SRDC has been working on the project for approximately three years. The proposal before council for allocation of CDBG funding includes allocation toward the theatre project. The project is key in the economic redevelopment of the downtown area. He urged council to support funding the entire request. 2. Faith Bowlsbv, 159 C Street, Springfield, representing Brattain PTA, spoke regarding CDBG funding. She spoke in support of funding for Brattain Elementary School. 3. Hanalei Rozen, 1551 B Street, Springfield, representing Brattain PT A, spoke regarding CDBG funding. She thanked the committee for an enlightening conversation. It was interesting as well as thoughtful. Ms. Rozen chairs the grounds improvement for Brattain Elementary school. Not only is this funding/project an asset for the school, but also an asset for the city. Tomorrow is Earth Day so they will hold a tree planting ceremony at 2 p.m. At the end of the school day, they will mulch trees. Mayor Leiken closed the public hearing. . Regular Meeting Minutes April 21, 2003 Page 5 . Councilor Fitch is a board member of SRDC. She said there is no financial gain, therefore, she will participate in the discussion/decision regarding funding allocation. Councilor Ballew said this year has already been set into motion. Next year, seeing that the city is in a great deal of (financial) distress, she would like to see if we can utilize more of CDBG funds for city purposes. Outside agencies look to us for funding but we have many unfunded projects of our own. Kevin Ko said we do make our CDBG applications available for projects. . Councilor Burge said council has never been given enough time for review of the funding allocations. He asked the appropriateness of using these funds for the theatre project. He and Mr. Ko spoke previously and it was noted that HUD is also reviewing the appropriateness of use of the funds for the theatre project. CDBG projects should be used for the primary benefit of low and moderate income persons. They use funding for low income housing projects, but also street projects in low income neighborhoods, playground projects in low income neighborhoods, etc. They also make an allowance for projects which are deemed as slum and blighted. We can use CDBG funds to eliminate the conditions that contribute to slum and blight. This was done for the Emerald Empire Art facility. That is how we are getting the theatre project qualified for use of CDBG funds. When the HUD monitor was here mid-March, she toured many of the CDBG projects. One of them was the Wildish Center. At that time it was an empty building, no walls, no floor, etc. At that time it was questioned since there was no slum and blight, since there was nothing at the location at that time. The argument made from the city perspective is if they had visited four months previously, they could have seen the entire scope of the project, and then realized what the replacing of HV AC, electrical systems, stabilizing the exterior, etc. could do. That is where HUD is taking a close review ofthis project. We have not yet received a reply from HUD. Staff expects results of the monitoring letter soon. Councilor Burge said this project has been undertaken by good people, with good intentions. He said this is one of the greatest investment disasters of public money he has ever seen. The last two years, CDBG funds have totaled over $97,000. He personally will not support funding of the project. If the council wants to support this, he suggests that the money is held, subject to HUD approval. He discussed review of the funding requests. Some are appropriate, some are unacceptable. Taxpayers are being robbed by the federal government. The council needs to spend more time reviewing the requests. He supports some funding requests and does want to help people and our community. Councilor Ralston agreed with some comments made by Councilor Burge. He said he sits on the Housing Policy Board and spends much time reviewing affordable housing. He said he cannot support the St. Vincent DePaul, or the SRDC Wildish Theatre request. Mayor Leiken asked how long we have been receiving CDBG funding. Mr. Ko responded that we have been receiving CDBG funding since 1978 and HOME funds since 1993. . Councilor Fitch responded to comments made regarding the funding issues. She said Dan Egan does serve on the SRDC committee but did excuse himself from discussion on the SRDC issue. She said she and Council Burge have held discussions on this matter. She said the theatre could have been built on a green space, much less expensive, and much easier. The 13 individuals who volunteer time on the SRDC meet each week. She noted the previous , Regular Meeting Minutes April 21, 2003 Page 6 . activity that occurred in that space until the rehabilitation of the theatre began. She said if HUD does deny use of funding, she will respect that. She supports the project and believes that there are times when the private sector can accomplish things cheaper, quicker and easier. Anytime you do anything in public, you are held up to public scrutiny. Getting the public more involved, more often, to find better answers would be wonderful. Three years ago we had much ownership in downtown that was out of state. Now we have more and more local developers purchasing buildings and hope that Councilor Burge is successful in seeing renovations in downtowns with the private business. Local, state and federal money use needs to be carefully evaluated - it is the public's money. Councilor Burge said he respects Councilor Fitch's comments. He has respect for everyone that serves on SRDC. They are good people, well intentioned, very committed to the city of Springfield. He respects and appreciates that. This issue has troubled him very much. What was started needs to be completed. He thought that SRDC was going to facilitate fund- raising of private sector money to support these projects. A member ofthe audience was called forward to speak regarding St. Vincent de Paul projects. She was not introduced and did not state her name or address. Councilor Ralston said he is a member of the Housing Policy Board and supports many St. Vincent de Paul projects.. He is shocked at the numbers brought forward and can't believe they are going to build something at the cost noted. Public money is not being spent well. . Councilor Ballew asked if council had to act on each item this evening. Mr. Ko said council does not have to decide this evening, although, we are under a time constraint because of the action plan hearing scheduled for May 5th. Kevin Ko said we will not release money for a project until we are certain of their eligibility, SRDC or any other project. Councilor Ballew would be more persuaded if she could review more information relative to costs, projections, etc. Kevin Ko provided information regarding HUD and CDBG funding, entitlement grants, etc. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO APPROVE AND ADOPT THE FY 2003/04 FUNDING ALLOCATIONS WITH THE EXCEPTION, REMOVING THE ST. VINCENT DE PAUL AND SRDC WILDISH COMMUNITY THEATRE PROJECTS, TO BE VOTED ON SEPARATELY. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 1 AGAINST. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO APPROVE THE 2003/04 FUNDING ALLOCATIONS FOR ST. VINCENT DE PAUL IN THE AMOUNT SHOWN IN THE DIAGRAM, ATTACHMENT 1. THE MOTION F AlLED WITH A VOTE OF 1 FOR AND 4 AGAINST. . IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO APPROVE THE ALLOCATION IN THE 2003/04 FUNDING ALLOCATIONS FOR THE SRDC WILDISH COMMUNITY THEATRE AS SHOWN IN ATTACHMENT 1. Regular Meeting Minutes April 21, 2003 Page 7 . Councilor Burge said the Theatre project needs to be completed. He asked if council would like to held off on this decision until HUD ruled and then revisited this. Kevin Ko said we would need to get this in our action plan submitted to HUD. He provided addition information on timing issues and submission of the action plan. The following amendment made: FRIENDLY AMENDMENT TO MOTION INCLUDED AND THE SECOND STOOD: "PENDING APPROVAL CONTINGENT ON HUD'S FINDINGS OF ELIGIBILITY /USE OF FUNDS." THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. Council further discussed funding issues. Council would like to see more information on the St. Vincent de Paul project. Councilor Burge discussed the information on Performa projections, 18 percent for management fee, which is twice the amount the private sector receives, and projected to go up to 22.5 percent in the fifth year. The St. Vincent de Paul representative provided information regarding the property management fee. . The St. Vincent de Paul representative said she could provide council with additional information as requested. She discussed housing costs, etc. She discussed square footage as well as cost per unit. It was suggested that council provide Kevin Ko with written comments and/or talk with him about concerns, categories of expense, etc., then receive responses to the questions and provide information back to council. The door is not closed on this issue. BUSINESS FROM THE AUDIENCE 1. Scott Bartlett, 1445 East 21 st Avenue, Eugene, thanked the council for their decision on naming a major project (prominent street) after Dr. Martin Luther King. He does recommend that if council does go forward with renaming the Pioneer Parkway Extension, be sure to name it Parkway, not Boulevard. That will eliminate confusion with Martin Luther King Boulevard which will be the renaming the Eugene portion of Centennial. Mr. Bartlett provided additional information regarding discussions held last year about renaming of Centennial, issues/concerns/impacts to businesses and residents on the Springfield side of Centennial, etc. Council said a decision has not yet been made on the street renaming. Mr. Bartlett said he and others (NAACP), Commissioner Green, etc., have brought this issue forward to the Lane County Commissioners. 2. Jim Rutherford, 5895 E Street, Springfield, spoke regarding traffic concerns on E Street. He said the problem increases with new subdivisions being developed as well as the roundabout. . Regular Meeting Minutes April 21, 2003 Page 8 . Councilor Woodrow said he spent some time yesterday driving up and down the street, he said he is aware ofthe traffic problems, and they are looking at what can been done, there is no quick or easy answer. 3. Sharon Pleuard, 6330 F Street, Springfield, hopes there is some proactive approach to the traffic problem. She said the area is an accident waiting to happen. She said we need to think about the future, the neighbors' point of view, and appreciates that Councilor Woodrow has driven through the neighborhood. 4. Carol Lee Fletcher, 5884 E Street, Springfield, representing herself and residents ofE Street, spoke regarding traffic problems on E Street. She has lived there 40 years. This area has now become a major thoroughfare; there is rush hour traffic in the morning, and evening hours. She counted the cars in front of her house that went by, and it was 62 cars between 3:00 - 3:30 p.m., more than 2 vehicles per minute. She shudders to think about the outcome when all of the families have moved in to Thurston Greens. Positive change is needed to attain a level of safety. . Councilor Burge asked questions of Traffic Engineer Brian Barnett. He asked if we had additional street right of way. Mr. Barnett said from his observations, it appears there is not excess right of way. He said we do have parking on both sides, as well as a 28 ft. wide street. Councilor Burge asked why we have so many cars parking on the street. Mr. Barnett said many of the homes have only single car garages. Councilor Burge asked about authority to restrict parking on one side and Mr. Barnett said that would be a possibility and within city authority. He said there would be both positive and negative impacts to the restricted parking. Mr. Barnett answered questions regarding restricted parking in combination with speed bumps. He said it depends on what problem council wishes to address. In evaluating data, there is not a speeding problem, consistent with how the street is intended to be used. He discussed vehicle trips per day. He said there is a change in traffic, compared to what the area residents were accustomed to. From August of 1999 to June 2001, there were about 10 requests for citizen service in that neighborhood. Since 2002/03 with the roundabout was installed, there have been a total of three requests for citizen service requests in the neighborhood. He discussed the reasons the roundabout was installed. He discussed the changes in traffic, volume and construction/new development. Mr. Barnett said there is sufficient right of way for sidewalks. Councilor Woodrow discussed the impact of restricting parking on one side. He said the problem is that people turn off of Thurston and go up to F Street and back to 58th Street. Councilor Fitch said as councilors, they deal with policy. They appreciate when citizens bring forth concerns and potential issues. At this time, she recommended that staff handle this in a collaborative manner and find a solution. Councilor Ballew said we also need to remember that the traffic in that area has changed over time. She discussed connectivity issues. . Brian Barnett said staff remains committed to working on this issue. Regular Meeting Minutes April 21, 2003 Page 9 . COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Interim Assistant City Manager Cynthia Pappas entered into the record a correspondence from Jerry E. Way, 5920 E Street, Springfield, expressing concern regarding traffic problems on his street. 2. Correspondence from Carol Lee Fletcher, 5884 E Street, Springfield, Regarding E Street, 58th to 61 S\ Traffic Concerns. [Please see attached staff response.] 3. Correspondence from Tiffany L. Lewis, 2422 N. 15th Street, Springfield, OR, Regarding the Peace Health Project. 4. Correspondence from Ray Cavagnaro, 844 B Street, Springfield, OR, Regarding the Peace Health Project. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW TO ACCEPT AND FILE CORRESPONDENCE NUMBERS 1-3. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. e 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). ORDINANCE NO. 6050 - AN ORDINANCE AMENDING THE METROPOLITAN AREA GENERAL PLAN DIAGRAM BY RE-DESIGNATING UP TO 33 ACRES OF LAND FROM MEDIUM DENSITY RESIDENTIAL TO COMMUNITY COMMERCIAL AT THE GA TEW A Y MDR SITE AND DECLARING AN EMERGENCY. . ORDINANCE NO. 6051 - 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 SPRINGFIELD ZONING MAP: BY AMENDING THE GATEWAY 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 DEVELOPMENT: TO REQUIRE A MASTER PLAN TO BE APPROVED BY THE CITY COUNCIL, AND DECLARING AN EMERGENCY , Regular Meeting Minutes April 21, 2003 Page 10 . City Planner Colin Stephens presented the staff report on this issue. On March 31, 2003 the city council voted four in favor and one opposed to approve amendments to the Metro Plan and the Gateway Refinement Plan to allow Peace Health to submit a master plan with a hospital and other uses at the Gateway MDR site and declaring an emergency. The Council's approved motions requested the staff to prepare specific fmdings consistent with the council's decision for adoption. The agenda item summary packet ordinances and findings reflect the council's March 31 st decision regarding the Peace Health plan amendment applications. . During the time interval between the council's vote to approve the ordinances and the council's adoption of the ordnances and findings, staff and the applicant worked collaboratively to compile a complete and comprehensive collection of Findings of Fact. During this process one change to the amendments was made. Residential Implementation Action 13.7 was altered to add three additional methods, beyond refinement plan amendment, to increase the trip cap. These methods are: zoning map amendment, master plan approval or master plan modification processed as a Type III application. Each of these processes requires a public hearing and, as stated in the revised policy, each would require a demonstration of compliance with the Transportation Planning Rule (TPR). The public hearings and the TPR compliance requirement ensure public notification and participation and provide a standard regarding transportation issues that must be met in order to make such a change to the trip cap. This change has been noted in the response to question 30 in section K in the Findings of Fact, Response to Public Testimony received during the Council public hearing. City Attorney Joe Leahy asked three questions of council as follows: 1. City Attorney Joe Leahy asked each member of the council to disclose any actual or potential conflicts of interest. Will your decision result in fmancial gain or avoidance of financial detriment to you, members of your family, or a business with which your family is associated. The Mayor and all council members responded "no" to this statement/question. 2. City Attorney Joe Leahy asked each member ofthe council - considering the record in this case, have you had any exparte contact with citizens, organizations, businesses, parties, other individuals who are neutral, opposed or in favor, the substance of which is not reflected in the record. The Mayor and all council members responded "no" to this statement/question. 3. City Attorney Joe Leahy asked each member of the council- do you know any reason why you are unable to make a fair and impartial decision on these applications. The Mayor and all council members responded "no" to this statement/question. . Mr. Stephens further discussed the procedural change recommended, since the March 31 st decision. He stated that this procedural change would be to Action 13.7, Residential Implementation, as well as Condition of Approval 1. This is intended to expand the methods by which the trip cap may be amended. The original language allowed an amendment to the trip cap to take place only through a refinement plan amendment. The reason the policy was written that way was so that we would be sure that if an amendment to the trip cap were proposed, we would have a public notification, public hearing and most importantly because . Regular Meeting Minutes April 21, 2003 Page 11 . this trip cap deals exclusively with transportation issues that we would trigger the transportation planning rule. This language adds three additional paths/methods that can be pursued in order to amend the trip cap. Those would be a zoning map amendment, master plan approval, or a master plan modification. Each of these methods does have procedural requirements as well as criteria of approval that require public notification, public hearing and as the policy is written, it would trigger the transportation planning rule. They also add that all the criteria of approval for all four of those methods require a showing of conformance with all the metro plan policies. This is procedural change and does not change the intent of the policy or amendments. Staff recommends that council approve this additional language, adopt the ordinances and findings as noted in the agenda packet. Councilor Ballew asked if these amended processes are as rigorous as going through the original language amendment. Mr. Colin said as far as showing compliance with anything that is germane to the issues, transportation issues, they are equally as onerous. City Attorney Meg Kieran said the procedures added, all require notice to surrounding property owners, a public hearing, participation by ODOT, compliance with the Trans Plan, if in compliance or not with Trans Plan and would have been criteria for approval for any of those procedures outside ofthis setting. . Mayor Leiken complimented Mr. Stephens for his work on this project as well as Mike Kelly, and other staff for the extraordinary efforts on this project. Councilor Burge said he has never seen a better job done at city hall and complimented staff. After reviewing the revised findings, Councilor Ralston commented on the following issues: Goal 1, citizen involvement; Goal 2, land use planning; Goal 5, natural resources, Goal 9, economic development and Goal 12, transportation. He would oppose the application. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO ADOPT ORDINANCE NO. 6050 AND THE ATTACHMENTS THAT AMENDS THE METRO PLAN DIAGRAM AS APPROVED BY THE CITY COUNCIL ON MARCH 31 ST WITH THE CHANGES REGARDING THE PROCEDURES REQUIRED TO MODIFY THE TRIP CAP AS RECOMMENDED BY STAFF, BASED ON EVIDENCE IN THE RECORD AND IN THE FINDINGS OF FACT THAT THE PLAN DIAGRAM AMENDMENT IS FOUND TO BE CONSISTENT WITH THE CRITERIA OF APPROVAL AT SECTION 7.070(3)(A)&(B) OF THE SPRINGFIELD DEVELOPMENT CODE AND DECLARING AN EMERGENCY. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 1 AGAINST (RALSTON). . IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO ADOPT ORDINANCE NO. 6051, AND ATTACHMENTS THAT AMENDS THE GATEWAY REFINEMENT PLAN TEXT AND DIAGRAM AS APPROVED BY THE CITY COUNCIL ON MARCH 31 ST, WITH THE CHANGES REGARDING THE PROCEDURES REQUIRED TO MODIFY THE TRIP CAP AS RECOMMENDED BY STAFF, BASED ON THE EVIDENCE IN THE RECORD AND IN THE FINDINGS OF FACT, THAT THE REFINEMENT PLAN TEXT AND DIAGRAM Regular Meeting Minutes April 21, 2003 Page 12 . AMENDMENTS ARE FOUND TO BE CONSISTENT WITH THE CRITERIA OF APPROVAL AT SECTION 8.030(1)(2) & (3) OF THE SPRINGFIELD DEVELOPMENT CODE AND DECLARING AN EMERGENCY. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 1 AGAINST (RALSTON). City Attorney Meg Kieran said the appeal period for the decisions just made is 21 days, May 13th. BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments. a. Ward 6 City Council Position Appointment. Due to the death of Councilor Lyle Hatfield, the Ward 6 City Council position is vacant. On March 3,2003, the position was advertised and applications were received through the closing date of March 28,2003. On April 14, 2003, council interviewed three candidates and, by consensus, tentatively appointed candidate Tim Malloy to the Ward 6 position. According to the Council's operating policies and procedures, this appointment must now be ratified. The oath of office will most likely be administered in the next few weeks. . IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO RATIFY THE APPOINTMENT OF TIMOTHY (TIM) H. MALLOY TO THE WARD 6 CITY COUNCIL POSITION. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 2. Business from Council a. Committee Reports 1. Councilor Burge reported on PSCC. He said he received a fax regarding status of this group and briefly discussed revised structure of the group. The next meeting is May 28th. Mike Kelly said the group will be downsized. The budget will also be substantially reduced. 2. Mayor Leiken reminded everyone that April 29 is city lobby day in Salem. 3. Mayor Leiken said the skateboard park dedication is scheduled for April 30th. b. Other Business BUSINESS FROM THE CITY MANAGER . 1. 1-5/ Beltline Intergovernmental Agreement. Regular Meeting Minutes April 21, 2003 Page 13 . Transportation Manager Nick Amis presented the staff report on this issue. Staff requests the council to approve or reject a motion authorizing the City Manager to execute the 1-5IBeltline Interchange Intergovernmental Agreement (IGA) with the Oregon Department of Transportation (ODOT). As part ofthe 1-5IBeltline Environmental Assessment (EA) the Federal Highway Administration (FHW A) required an IGA between ODOT and the City. On February 24,2003, the council reviewed the draft IGA between the city and ODOT for monitoring traffic at the 1-5IBeltline Interchange. Councilors had questions about the timing and the cost responsibilities but were in general agreement for staff to move forward with the IGA for council approval at a regular council session. FHW A required this IGA be an appendix in the EA and wanted assurances that when traffic reached unacceptable levels at the interchange, the city would implement phase 2 of the 1- 5IBeltline project at the GatewayIBeltline intersection. As part of the compromises during the Beltline Decisions Team (BDT) process, the city assumes responsibility for improving the intersection. The main points of the IGA are the following: . . The Pioneer Parkway Extension and the interchange flyover must be in place before traffic monitoring begins. . Traffic queues and level of service are monitored at the eastbound leg of the GatewayIBeltline intersection. . ODOT will monitor the traffic queues and the city will monitor the level of service. . City initiates the project programming and implements GatewayIBeltline improvements when queues and level of service standards in the agreement are reached or exceeded. Staff has worked closely with ODOT on the IGA and agrees with its conclusions. The City Attorney has reviewed and signed the IGA. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE 1-5IBELTLINE INTERCHANGE INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE OREGON DEPARTMENT OF TRANSPORTATION (ODOT). THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. 2. Other Business BUSINESS FROM THE CITY ATTORNEY . Regular Meeting Minutes April 21, 2003 Page 14 . ADJOURNMENT The meeting was adjourned at 8:50 p.m. Minutes Transcribed by Julie Wilson ( Attest: ~C!{~ City Re rder . .