HomeMy WebLinkAbout07/28/2003 Work Session
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City of Springfield
Work Session Meeting
MINUTES OF THE WORK SESSION MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY, JULY 28,2003.
The City of Springfield council met in work session in the Jesse Maine Room, 225 Fifth Street,
Springfield, Oregon, on Monday, July 28,2003 at 5:05 p.m., with Mayor Leiken presiding.
ATTENDANCE
Present were Mayor Leiken and Councilors Ballew, Woodrow, Burge, Fitch, Malloy and Ralston
(5:06 p.m.) 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.
1. Fire District Study Update and Status Report.
City Manager Mike Kelly gave a brief introduction about the Fire District item. Staff is not
asking council for a decision tonight, this is just a status report and update. A request for action
will come to council in September. Tonight is an opportunity for council to ask questions for
follow-up. Mr. Kelly said that Chief Murphy would be discussing the history of this project and
the consultant will discuss where we can go from here.
Fire Chief Dennis Murphy was present for the staff report. Chief Murphy introduced Jack
Snook, President of Emergency Services Consulting Inc. (ESCI), in Wilsonville, OR. Chief
Murphy said ESCI has an extensive expertise in merger consolidations and we are fortunate to
have them near enough to assist. He noted that Councilors should have a copy of the Feasibility
Study, but if not, he can get copies to them. He said that Mr. Snook was here to give council an
overview of the study and their research and to answer any of council's questions.
Chief Murphy said that in 2001, council adopted a fire and life safety goal to review the option
of fire district governance of fire and life safety to determine if there were any benefits in
forming a district. The study concluded there were some benefits. Typically fire district
formation comes with the mergers of two or more fire districts. The difference with our situation
is that we already have partnerships with those we are looking to merge with. A fire district does
offer benefits to those in and out of city limits.
A 2002 consultant study showed that a fire district operation was feasible and provided several
short-term benefits with the potential of more significant long-term benefits. In May 2002,
council appointed a council liaison to the study and approved going forward with additional
study of the issue with the possibility for implementation.
Annexation to an existing fire district is the most feasible and expeditious means of providing
services. Willakenzie Fire District is willing to consider an agreement with the City to annex
City territory to the district and assume responsibility for Fire & Life Safety operations.
Benefits to the City include the ability to absorb the temporary (4-year) police services levy with
money saved from transferring the General Fund expense for fire operations to Willakenzie Fire
District while simultaneously making it possible for the District to absorb the fire levy within
their permanent tax rate. The result would serve to stabilize basic levels of police and fire
protection.
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Council Work Session Minutes, July 28,2003
Page 2
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The District gains the advantage of stabilizing the tax rates for fire protection at the same level as
city residents while gaining a direct voice in the governance of fire and life safety operations.
Detailed financial information regarding the cost of providing services and the accompanying tax
rates is being developed and plans are being made to present the data to Council and the
Willakenzie Fire Board of Directors for their consideration in September.
Mr. Snook discussed fire districts and that the concept is not new. Cities do call his organization
to see how they can get more for less and meet the needs of the community. He feels that it is
good government to look at options, economics being what they are. He said they were hired by
Springfield several years ago to perform the Phase I Feasibility Study. They are now moving
forward to the next step which would include joining with Willakenzie Fire District for the
benefit to all. He gave some background on other cities in Oregon who have become fire
districts.
Mr. Snook thinks the next step is to approach Willakenzie Fire District on behalf of the City to
see what interest and expectations they have in partnering with the Springfield Fire Department.
They will have more information for council this fall. The council may want to then look at
revisiting their goals in regard to this issue. This is a policy decision for council. He reminded
them that tonight's discussion is an informational session. Nothing will be done until the City
Manager, Fire Chief and staff have something more tangible to report from information gathered
by Mr. Snook.
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Councilor Fitch noted for the record that she knows Mr. Snook because his insurance for his
consulting business is with Wilson-Hiergood Associates. He became a client oftheirs after they
had completed the first study.
City Manager Mike Kelly referred to the Phase I report. From this report, it appears feasible for
the citizens of the City of Springfield to annex into the Willakenzie Fire District. He said that
financially it is about a push. It does free up $4M of general fund money that could be allocated
for other purposes if council chooses. He discussed the process. If the Boundary Commission
approves it, and a hundred people or so object, it would go to a vote. If that does take place, staff
can draft an agreement with Willakenzie regarding transfer of assets, size of the Board, etc. if
that is council's direction. This would be a stepping stone toward other districts, such as
Rainbow District, Glenwood District and City of Eugene, possibly joining in years to come. He
noted other ways it could be money saving in the long term. If directed by council, City staff,
Willakenzie staff, legal staff and Willakenzie Board would work together over council's recess
to draft a good agreement that meets everyone's needs. He said that Councilor Fitch had been
appointed council liaison for this project.
Councilor Woodrow asked if all of the Springfield Fire and Life Safety Department would go
over into the new district if we decided to go forward and Willakenzie agreed.
Mr. Kelly said they would, but there may be an interim contract for 6 months or a year where we
would provide services while working through the details.
Councilor Woodrow asked if citizens would then pay a fire district tax and if so would their
other taxes go down accordingly.
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Mr. Snook explained how other cities have approached this issue. It is a policy decision for
council.
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Council Work Session Minutes, July 28, 2003
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Mr. Kelly said it is council's decision. Willakenzie would be responsible for the Fire and Life
Safety department. He discussed the police and fire levy money and how it could be used and
other options. It would be something to talk to the citizenry about regarding the intentions of
council.
Councilor Malloy asked about other down sides besides a possible increase of taxes.
Mr. Snook said he has found that nationally there is a 90+% success rate in merging into a fire
district. He said the financial positives really become significant in the mid-term and long-term.
There is often a significant decrease in taxes by the pooling of principal. He said the operation
stays the same regarding number of people served and stations manned. Support services
sometimes go up because the best of the best is often used. The real cost savings are in
mainstreaming and overhead costs. He discussed other money saving areas. He feels
comfortable that the service would be seamless.
Councilor Ralston asked what the additional charge to city residents would be as part of the
Willakenzie Fire District.
Mr. Snook said initially if it was just transferred over, there would be little or no increase. The
tax rate would be blended. It would be assessed the same, just go to a different budget.
Chief Murphy said that Finance Director Bob Duey would be working on those figures as well as
Willakenzie to bring back to council.
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Mr. Kelly said there is a state law that says that if you allow these districts to occur by approval
of the City and Boundary Commission, the City still has the $4M taxing authority left to allocate
to other purposes if council chooses.
Councilor Ralston feels the public needs to decide this.
Mr. Kelly referred to Junction City and Cottage Grove annexing into fire districts. They had
conversations with the public explaining their intent. He feels in September or October Council
will need conversations with the public, so citizens understand and have a chance to react if the
Boundary Commission gives approval. He said the past council has not embraced the fire
district. They merely wanted to see some options and ideas. There has been no endorsement.
Councilor Ralston said the citizens won't necessarily be charged more, but it allows council to
tax the additional $4M if voters go for that option.
Councilor Burge said he feels this is creative financing. He said it is upsetting that council
passed the Fire levy and this study was conducted a year prior to that levy passing. Why did we
go to the voters to pass this levy if we knew we were considering this option?
Mr. Kelly said it was only a study. He said it was councilor's choice to go for the levy. He said
we could allocate the $4M to maintain the police levy. It is councilor's choice to determine what
they do with the funds. There is a possibility of long term savings with a fire district.
Councilor Burge again asked about the timing of the study and the levy. He asked what the total
amount of levy was.
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Chief Murphy said it was $4M over the life ofthe levy.
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Council Work Session Minutes, July 28,2003
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Councilor Burge confirmed that the levy was scheduled to begin July 1,2003, which was about
three weeks ago. There is still most of the $4M left to collect. He asked if the City is going to
give that money back to the citizens. He questioned if there would be some efficiencies. He
feels it is creative financing because we are tapped out due to Measure 47 and 50. He feels this
option gives us the ability to keep the $4M and continue assessing and he feels that is not a good
option. He said we have good service in Springfield now and sees no reason to change. If we
are going to merge, we should merge with Eugene as well as McKenzie which are significant
economies of scale.
Councilor Fitch said that we would lose a positive department which is a downside. She said she
has seen economy of scale around the state. When smaller districts merge, there are reductions
in administration and administrative costs. She said those reductions are not here at the
beginning, but she feels it would probably occur when the 2nd, 3rd or 4th district joins. She said
she is not sure what Eugene will do, but they are starting to look at it again. She said this is what
we make of it and the decision stops with the Councilors and they can make the choice. They
need a committee of citizens to give input before any decisions are made. She discussed the
other issues throughout the city regarding services in other departments. It may be remonstrated
and go to a vote. She discussed why council went to voters for a levy for immediate needs. This
is not something they want to rush into. It will be months before it can be figured out. She said
it is up to the citizens to tell council what services they want and council votes accordingly.
Councilor Burge asked how much had been spent so far on this study.
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Chief Murphy said they have spent $26,000 for the Feasibility Study and they will spend an
additional $8800 getting it ready for council to make their decision.
Councilor Ballew said that she will assume that Willakenzie has a Board of Directors. She said
if we went forward, that board would be in control and may not represent Springfield.
Mr. Kelly said if we annexed into the Willakenzie Fire District, the Board membership would
have to change to reflect who they serve. .
Councilor Ballew said one benefit is that the Fire and Life Safety salaries are going up so rapidly
it is a real drain on our budget. She referred to Tualatin and the fire fighters' salaries.
Councilor Ralston said he does not have a problem with the fire district idea, but he would like to
have as much input as possible from the citizens and be up front with them. It could be a good
thing for the City.
Councilor Burge said he will read the study. He would like some very specific data, not theory,
on what the savings would be to the citizens of Springfield
Councilor Woodrow said he can understand Willakenzie wanting to do this because their rates
may go down.
Discussion was held on the amount of taxes this would cost citizens. It would be $2.30 per
$1000.
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Mayor Leiken asked which City began the consolidation in the Tualatin Valley Fire District. He
asked if there was one city that initiated it.
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Council Work Session Minutes, July 28,2003
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Mr. Shook said that in Tualatin there were seven cities that consolidated. The two fire districts
(Tualatin and Washington) were the catalysts and then the City of Beaverton was in on the initial
consolidation when those fire districts merged with the other seven cities. The City of Beaverton
did not actually join until 9 years later in 1996. Mr. Snook named some of those seven cities.
Mayor Leiken asked what Beaverton's motive was to join.
Mr. Snook said it was probably level of service and stability in the financial situation with
general fund dollars. They were in the core of the fire district. He believes they made an initial
tax cut in the general taxes to offset the cost to the district.
Mayor Leiken said conversations have continued with Eugene council members and staff. He
said if we were to move forward on this as a start and have some leverage, it is imperative to
include Eugene. It is leveraging resources with the larger population. He feels it is an
opportunity to continue these dialogues. He discussed leveraging resources of personnel and
service. He said the council wants to see efficient government. There are still a lot of questions
to be answered. It is important to take this a step at a time and be responsible to our citizens.
Councilor Fitch said it is key to look at having a citizen advisory committee, knowing no
decision has yet been made. That would be a good place to hear what the citizens feel we should
do with the money.
Councilor Ralston said that if it is a push, then the worst thing it does is give us more options.
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Mr. Snook said his consulting firm has worked with Eugene and other districts around
Springfield. He said there are other fire districts that are very interested in being involved, and
that brings us to the mid-term initiative. Relationships among communities will change. He
feels that long-term he feels two large districts such as Eugene and Springfield merging would be
very beneficial. He feels council is doing this correctly.
Councilor Ralston said that if we jump in first, in the long run as other communities join we have
an advantage.
Discussion was held regarding merging of other departments putting it under the County's
jurisdiction. .
Councilor Woodrow said he is concerned because we couldn't get citizens behind the road fee.
We need a lot of citizen involvement to make sure citizens are aware.
Mr. Kelly said this is what staff needs to hear. Does council want to go forward and have staff
bring back more information in the fall? He said after Councilor Fitch and staff meet with
Willakenzie, they will bring an agreement back to council in the fall. If council does not like it,
the process/discussion will end. If council likes what they bring back in the fall in terms of the
agreement, it can go forward to public hearing, and then on to the Boundary Commission. Ifthe
Boundary Commission votes in favor ofthis, then there is a term of remonstrance. Council can
create a committee now or after they revisit it in the fall. He outlined council's options.
Councilor Malloy said he feels we should go forward in looking at this and pursuing other
districts to join. We should then take money out of city taxes to make up the difference.
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Councilor Ralston said he would like to go forward and look at our options.
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Council Work Session Minutes, July 28, 2003
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Councilor Ballew said she feels we should go forward and look at this. She feels we need to
build in discretion, because we are in deficit spending.
Councilor Burge said he feels there is no good reason to go forward. He feels it is a way for
government to circumvent measures 47 and 50. He feels wages and benefits are driving our
costs through the roof, not better service. Efficiencies is the excuse not the reason. We have a
good fire district now and he does not feel we should go any further with this.
Councilor Woodrow said he would like to go forward, but with information from the Finance
Department regarding an estimated 5 year budget so we 'can see what the impact will be in five
years. This could be used to show citizens the impact.
Councilor Fitch is in favor of keeping options open. She does believe that other districts will
want to join in future years. It would be good to include that assumption in the figures. We need
to go in with our eyes open and talk to citizens about what we do with the money we have.
2. Presentation and Discussion on the Preliminary Information on Available Land in the
Eugene Springfield UGB by the Lane Metropolitan Partnership.
Economic Development Manager John Tamulonis was present for the staff report. Mr.
Tamulonis introduced John Arnold, President of the Lane Metro Board and Jack Roberts,
Executive Director of the Lane Metropolitan Partnership.
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Mr. Tamulonis said there has been increasing concern locally and statewide about the
availability of 'project ready' industrial development sites and Jack Roberts has been on the
Governor's Industrial Lands Task Force gathering information through public hearings around
the state. The Lane Metro Board has also asked for information regarding the local land supply
situation and the potential for Springfield, Eugene and Lane County doing an in depth analysis
on the problem and possible corrective actions.
Last May, the board of directors of the Lane Metro Partnership asked its president, John Arnold,
and its executive director, Jack Roberts, to write a letter to the cities of Springfield and Eugene,
as well as to Lane County, requesting that those jurisdictions jointly undertake a survey of
available industrial, commercial and residential land within the Eugene-Springfield urban growth
boundary. Mr. Tamulonis referenced articles in the Oregonian regarding a study on industrial
and commercial property.
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Mr. Arnold thanked council for their continuing support of the Lane Metro Partnership. He said
these are tough times. What they have focused on over the last year, is positioning our
community as the market turns. They are working on internal recruitment and positioning the
community for economic development and expansion to create new jobs in our community. He
summarized some ofthe presentations the Board has received on this industrial land issue this
year. He said they have seen three presentations. The first presentation was by Dick Sheahy, a
site consultant in the Portland area who works to relocate companies from around the world and
to various places around the world. Mr. Sheahy has a long local history and has worked on
bringing businesses to our community. Mr. Sheahy's message was that those winning the
economic battle are those that have sites ready to go. Mr. Sheahy's view is that the state has
fallen behind in planning to make sure we have an adequate supply of industrial sites statewide
and in particular in the Lane County area. Mr. Sheahy is not advocating disregard to the land use
laws, but feels we haven't used the system to update their land and to make sure that adequate
supplies are available. The second presentation was by Rick Duncan, City of Eugene. Mr.
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Council Work Session Minutes, July 28,2003
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Duncan has done an update on the inventory of Eugene's industrial lands. Mr. Duncan found
there was a shortage of industrial lands in Eugene for a variety of reasons. These reasons
included; constraint sites, wetlands, access, and land used more rapidly than expected. The third
presentation was from John Tamulonis from the City of Springfield. Mr. Tamulonis said there
was a lot of industrial land available to Springfield at some point, but these sites are not ready to
go at this time and there are a lot of issues to get them ready to go. Mr. Tamulonis said there
was a shortage of commercially zoned land in Springfield. He said in the county as a whole
there are a number of sites available for industrial sitings, but they are not ready to go. Our
problem is not so much supply as it is demand. Mr. Arnold said this is the overview which led
them to submit the letter written by Jack Roberts to the council.
Mr. Roberts discussed what he has learned as a member of the Governor's Industrial Land Task
Force about the statewide shortage of project-ready industrial land. He gave a brief history of
the formation of the Task Force. Mr. Roberts said when the economy turns, we want to be ready.
He said they found after attending 5 public hearings in Medford, Albany, Bend, Beaverton, and
Pendleton that jurisdictions had not addressed the issue. He noted that the four principal areas,
which are also the four fastest growing areas in the state and include Portland, Bend, Salem and
Eugene/Springfield, all have a shortage of ready industrial land. He discussed how each of those
areas has tried to address this issue. He referred to a survey that Bend took that is similar to what
they are proposing for Eugene/Springfield.
Mr. Roberts said that the Eugene/Springfield area has not addressed this growing problem. He
said the shortfall of lands is the result of complying with state laws and Urban Growth
Boundaries drawn over 20 years ago. He said that during the 1990's our land use system
provided us with a great competitive advantage because of land available that was zoned for
permitted uses. As that land was used up, there is an obligation to reevaluate and that is what
they are proposing now. The Task Force will recommend that jurisdictions undertake surveys of
their available land, especially as it relates to industrial lands. They are suggesting the template
used is a report called "Sufficiency of Commercial and Industrial Land in Oregon". This report,
which was adopted by the committee, was written by Terry Moore from EcoNW. Mr. Roberts
has been in contact with Mr. Moore to see how they might apply this survey to this area. Mr.
Roberts said we do have a database that will be a good starting point. Mr. Roberts suggests
contracting with Mr. Moore to work with the jurisdictions so as not to overburden staff.
Mr. Roberts said the Task Force is recommending getting serious about providing services to
land that is currently zoned for industrial, commercial and residential use. He said it is not
enough just having land in the inventory. He feels a regional survey regarding land use looking
at what we have, what we need and where we want to go would highlight that those two areas are
regional assets. He said they would like to get the information they need to make the land work.
The policy makers need to make the decisions, and this would give them the information to make
those decisions.
Mayor Leiken thanked Mr. Roberts and Mr. Arnold for attending. He said that one of our best
resources to find out what land is available is Councilor Burge along with Lane Metro
Partnership. He asked what other resources are available to get this information. It comes down
to policy decisions.
Mr. Roberts said they are not going back to reinvent the wheel because they do have a lot of
resources. He checked with Mr. Moore who said it would be less than $50,000 to gather this
information. He feels other jurisdictions would also want to join in to get complete data.
City of Springfield
Council Work Session Minutes, July 28, 2003
Page 8
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Councilor Burge said that just a review of the Eugene/Springfield zoning maps would tell us
where industrial lands are located and which ones are developed. He doesn't feel it would be a
very large undertaking. He asked if we were just looking to add validity.
Mr. Roberts said sometimes, the information we have is not complete or accurate. He does
recommend contracting this out in part to give it some credibility, but also because they realize
the staffs are overburdened. Also with the highest unemployment in the country, if we don't
have sites, we are in trouble. This gives us some solid information that everyone can agree with
and that fits into our economic agenda.
Councilor Burge said he feels it is something that needs to be done.
Councilor Woodrow asked if the $50,000 is the total bill.
Mr. Roberts said that is was the total estimate, it could even be less.
Councilor Fitch asked ifthe other jurisdictions said they would give money.
Mr. Roberts said they have not yet asked the other jurisdictions for money. He said they first
wanted to get a conceptual idea of what they were doing and then they would work with them.
He discussed raising money from the private sector, which could be done, but it could be
difficult not to look as if they are being swayed by one side or the other.
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Councilor Fitch said she agrees it is a good study. It is something we need to look at in regard to
money. If it means development and jobs it is worthwhile.
Councilor Ballew asked if we already have an industrial lands report.
Mr. Mott said we do, but it is 10 years old.
Mr. Roberts said we should look at industrial, commercial and residential lands. It is also
important to try to keep the database up-to-date.
Mr. Arnold said we need a database that is consistent and based on the facts.
Councilor Ralston said he feels that information should be out there somewhere and should not
take that amount of money to compile.
Councilor Burge said he feels this is important. He remembers 15 years ago, asking why, with
the technology we have, we can't create a database with the inventory. We should be able to
keep track of our inventory and participate along with Eugene and Lane County. He said we
should spend what we need to spend to acquire this data and then protect it and make someone
responsible.
Councilor Fitch said it sounds like council would like to go forward. She said the City Manager
would need to be involved regarding the money needed.
3. Grading Permit Review
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Planner Colin Stephens was present for the staff report. Mr. Stephens said the grading,
excavating or fill of earth and/or other aggregate materials is currently permitted in Springfield
City of Springfield
Council Work Session Minutes, July 28, 2003
Page 9
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through the approval of a Land arid Drainage Alteration Permit (LDAP) under one of two
scenarios. The first occurs when there is a Partition, Subdivision or Site Plan review application
either pending with, or approved by, the Development Services Director on the property where
the grading is proposed. In such cases, the LDAP may be approved at the discretion of the DSD
Director. The other instance occurs in the absence of a Partition, Subdivision or Site Plan
Review application. In this case, the provisions of Sections 8.300 to 8.338 of the Springfield
Municipal Code solely apply.
This ordinance supplements the submittal requirements of the Springfield Municipal Code to
include requirements that are normally part of a Partition, Subdivision or Site Plan Review
application and provides expanded bonding and 'hold harmless' guarantees by adding sections
that:
1. Require a 'hold harmless' clause stating that the approval of the grading permit does not
ensure the approval or terms of approval of a future development application.
2. Protect important physical features until they are fully considered through a development
application.
3. Require surrounding property owner notification for large-scale grading. (100 foot
notification. )
4. Expand the bonding requirements needed for cases where an applicant fails to complete the
terms and conditions of the grading permit.
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Adoption of the Ordinance will allow the Public Works Director to issue LDAP permits prior to
the submittal of a development application by providing supplemental information, guidelines
and conditions necessary to fully protect the health, safety and general welfare ofthe citizens.
This will insure certainty to property owners wishing to perform grading prior to the issuance of
other required City development approvals.
Mr. Stephens noted that the Grading Permit and LDAP are the same thing, but are just in
different codes (municipal and development).
Mayor Leiken said this is another tool to assist developers who are familiar with our City. He
said he feels it is a good tool for developers.
Mr. Stephens said it does allow them to get a jump start on part of their development.
Councilor Ballew said she feels it is a good time for this to come forward because our land is
being faced with steeper landscapes, etc. She asked if staff needs to require the developers be
Oregon licensed to gain a bond.
Mr. Leahy said that Management Analyst Jon Hiltbrand checks an approved list that is provided
by Risk Analysis consultant Ron Cramer and reviews it to make sure a developer is on the
Oregon list. Only those that are licensed in Oregon are taken.
Councilor Ballew suggested that be listed in the ordinance for the developer.
Councilor Woodrow asked about safety catches that prevent certain issues to arise. He also
asked about those who start grading prior to final approval.
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Mr. Stephens said if they have the LDAP application in they could go through the items on the
resolution. If not, there would have to be some bonding.
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Council Work Session Minutes, July 28,2003
Page 10
Mr. Leahy said it may in fact increase compliance because the City is providing an avenue for
this to occur in a manner that is approved and supervised by the City.
Councilor Burge said he supports it because it helps developers to not lose a construction season.
Councilor Ralston asked if developers would be getting double charged.
Mr. Stephens said that if they chose to do it under two separate permits, they would be charged
again. He explained that the charge is based on the amount of earth moved.
Councilor Ralston said he is concerned about any loopholes.
Mr. Leahy said the language is clear that there is no guarantee that the developer's application
would be approved without some modifications.
Mr. Kelly said that if they chose to proceed we would have a contract that specified what they
could do. If the final approval didn't match what they had done in the field, they would have to
correct it in the field.
Mr. Leahy said that under the present system, if someone went out and started to dig without a
permit the developer has to come in to pay a staff member to oversee what they have done
without a permit and then they still have to apply for a permit.
Development Services Director Dan Brown mentioned that Mr. Duey and Mr. Brew came before
council regarding the suggested increase in LDAP fees, which has been tabled until the
Development Services Task Force has completed their study. The proposal arose from the May
19 Work Session that Development Services Department and Public Works staff had with
representatives ofthe development community. The developers asked that the City up the
staffmg for those that have these grading permits. It is something the developers did ask for.
4. Land and Drainage Alteration Permit (LDAP) Issuance Review.
Planning Manager Greg Mott was present for the staff report. Mr. Mott said the Development
Code includes an exception clause in Articles 31, 34 and 35 allowing the Director to issue a
LDAP prior to approval of concurrent development applications (site plan, partition and
subdivision). There are no instructions regarding conditions of approval to assure public health,
safety and general welfare.
Mr. Mott said the existing exception language is somewhat vague regarding the circumstances
that might precipitate a request for an "early" LDAP, or if the Director should impose conditions
unique to "early" LDAP's. The Code says "In certain cases the Director may issue a Land and
Drainage Alteration Permit prior to approval ofthe preliminary site plan or tentative partition or
subdivision." This text could provide an opportunity for inconsistent application as well as the
possibility of complaints that such action constituted a de facto approval of the pending
development application.
An additional complicating factor is that neither the Development Code nor the Municipal Code
requires a LDAP to be processed with an actual development application. In other words, if the
applicant is not proposing to do anything other than alter the site, the LDAP is processed and
issued. If the applicant submits a concurrent development application with the LDAP, only an
exception by the Director would allow the applicant to begin site work prior to development
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Council Work Session Minutes, July 28, 2003
Page 11
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application approvaL The proposed Resolution will eliminate this double standard and provide
the guidelines and conditions necessary to protect the health, safety and general welfare of the
citizens. A companion Municipal Code amendment regarding the issuance ofLDAP's without
accompanying development applications is also proposed for Council consideration.
This resolution is responsive to the council's target of a more efficient and consistent
development review process. This target is derived from comments gathered during a half-day
work shop with the development community on May 19,2003.
Mr. Mott said that the only difference in the resolution is that the developer already has a
development application submitted. This provides consistent guidance and takes the guesswork
out of it.
Mayor Leiken said it is so important for the departments and the directors to understand the
codes, but also the political aspect. He feels it is important to look at both sides.
ADJOURNMENT
The meeting was adjourned at 6:53 pm.
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Minutes Recorder - Amy Sowa
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Attest:
.