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HomeMy WebLinkAbout09/08/2003 Work Session . City of Springfield Work Session Meeting MINUTES OF THE WORK SESSION MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, SEPTEMBER 8, 2003. The City of Springfield council met in work session in the Jesse Maine Room, 225 Fifth Street, Springfield, Oregon, on Monday, September 8, 2003 at 5:30 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken and Councilors Ballew, Woodrow, Burge, Fitch, Malloy and Ralston. Also present were Assistant City Manager Cynthia Pappas, City Attorney Joe Leahy, City Recorder Amy Sowa and members of the staff. Assistant City Manager Cynthia Pappas introduced Carole Knapel. Ms. Knapel began on August 19th as the City's RiverBend Project Manager, a position advocated for and funded by PeaceHealth. She will be our staff person who coordinates our staff efforts in the organization, and coordinates our efforts with PeaceHealth's staff and consultants, and coordinates our City contracted public improvements with the various contractors working for Peacehealth. She will eventually become our primary staff contact to PeaceHealth people and the public. . Ms. Knapel moved to the metro area in March 2002 and established business consulting for various organizations around the country regarding corrections facilities. In fact, the U.S. Department of Justice's National Institute of Justice sent Ms. Knapel to provide some help to Chief Smith and our Police Department during the summer of 2002 when they were looking at the feasibility of a jail in Springfield. After graduating from the University of Santa Clara School of Law, Ms. Knapel began a career of planning and constructing various government facilities, especially correction facilities. The largest construction project she managed was as a member of the County Executive's Office where she oversaw the planning, design, and construction of a $60M jail and a $130M correctional facility. 1. Community Development Advisory Committee (CDAC) Application Review. Housing Program Specialist Kevin Ko presented the staff report on this issue. Mr. Ko said there. are currently five vacant "at large" positions on the CDAC. The City received applications from 5 eligible Springfield residents. Roxie Cuellar, Bonnie Peterson and Dan Egan are incumbents and are applying to serve a second full-term on the Committee. Christine Lundberg and Robert Edmiston have not previously served on the CDAC. The role of the CDAC is to make funding recommendations to the city council for HOME Investment Partnerships Program and Community Development Block Grant eligible projects, including affordable housing, community development and public facility and infrastructure projects primarily benefiting low and moderate-income residents. . Mr. Ko said the CDAC consists of six at-large positions from the community, one representative from the city council and one representative from the Planning Commission. The CDAC advises the city council on all matters related to the City's housing and community development activities which are funded annually by community Development Block Grant (CDBG) funds and HOME Investment Partnerships Program (HOME) received from HUD. Applications are City of Springfield Council Work Session Minutes September 8, 2003 Page 2 . encouraged from lower-income earners, residents of lower income neighborhoods, racial and ethnic minorities, senior citizens, disabled individuals and female heads of households. All applicants must live within the city limits of Springfield. These vacancies were created as the current terms for Roxie Cuellar, Gayle Decker, Dan Egan, Jeff Horowitz and Bonnie Peterson expired. The vacancies were posted on June 2, 2003 and the deadline for accepting applications was July 11,2003. There were five applications received for the five vacant positions. Staff is recommending that Roxie Cuellar, Dan Egan and Bonnie Peterson be reappointed to the CDAC for their second term. Staff is also recommending that Christine Lundberg and Robert Edmiston be appointed to the remaining vacant positions on the CDAC. Terms are four years in duration. The first meeting is scheduled for early January. Mr. Ko said the positions were posted three times. Councilor Burge said because we have about 4 months before this committee meets again, he would like to postpone reviewing the applications and continue to advertise to get additional applicants. Councilor Ralston asked if there is an advertising cost. There is not a cost. Councilor Ballew asked if certain groups are targeted. Mr. Ko said his staff has targeted many groups and that is how one ofthe applicants was found. He said they would like to appoint the new members early enough to bring them up to speed on issues prior to their first meeting in January 2004. . Discussion was held regarding the advantages and disadvantages of re-advertising for these positions and the preference on this committee for persons with low and moderate incomes, elderly, handicapped, racially diverse, etc. Councilor Fitch suggested staff extend the recruitment process 45-60 days. Staff could then bring it back in November. We need to make sure we have adequate applicants. 2. Bus Rapid Transit Proiect Update. . Transportation Manager Nick Amis was present for the staff report. Mr. Amis said the purpose of the work session is for the L TD and City staffs to update the council about the proposed Pioneer Parkway corridor elements and alignments for BR T from downtown Springfield to the Gateway commercial and employment centers. The corridor elements and alignments must be further analyzed in an environmental process outlined below, before the project is funded. In June 2002, council chose the Pioneer Parkway corridor as the next BRT project in Springfield. LTD and City staff, working with stakeholders, analyzed alignments and BRT elements such as whether a BR T route would be in the median, in existing travel lanes or would need an additional travel lane. L TD divided the corridor into three planning and stakeholder segments. City staff and members of the public participated in each segment. The general results of the stakeholder groups was that BRT should proceed along Pioneer Parkway through the PeaceHealth site and loop back along Gateway and Harlow Streets. City staff has recognized three issue areas with this route: right-of-way and business impacts, traffic operations at intersections, and safety. LTD will conduct a more detailed and in-depth study ofthese potential impacts and issues during their next phase of environmental work which the city council will also be able to review and make a determination about the Pioneer Parkway BR T route. City of Springfield Council Work Session Minutes September 8, 2003 Page 3 . Mr. Amis introduced Graham Carey and Dan Tutt, both from LTD. Mr. Carey said they have worked for the last 12 months on this project to come up with a collaborative answer. He said there are still a lot of unknowns at this time, but they would like to move forward to get those answers. He discussed the studies that LTD has done regarding the BRT along Pioneer Parkway. Mr. Carey referenced the map of Pioneer Parkway and described the corridor. He explained some of the issues they face in this route and some of the opportunities of this route regarding the businesses and residences it will connect. He described the process of public involvement and analysis including the stakeholder groups which were set up for the three sections of this corridor. Each group included business owners, residents, and planning commissioners. These stakeholder groups came up with the preferred alternative which was taken to the BR T Steering Committee. They held an open house to show citizens the preferred alignment and then took it back to the BRT Steering Committee and LTD Board. Mr. Carey explained the three sections, the BRT lanes and the interaction along intersections. He discussed parking issues, the bicycle path and trees that will remain along Pioneer Parkway. He discussed some of the rights-of-way they will need to acquire. Councilor Ralston asked how frequently the buses would be traveling along these routes. Mr. Carey said they would be on a 10 minute service schedule. They would be controlled where they cross. Councilor Ralston said if they would not be passing each other, he would suggest not removing the parking along Pioneer Parkway and keeping it to a single lane route. . Mr. Carey said it is best to have two lanes for scheduling purposes. Along Pioneer Parkway West there is very little parking utilized at this time. Mr. Carey said one of the biggest challenges they face is crossing the pedestrianlbike path. He said they are suggesting an underpass for bicycles and pedestrians that could be visible from each end to eliminate accidents and crime. He discussed the different alignments and the issues of right-of-way. Councilor Ballew asked about the Pioneer Parkway Extension. Councilor Burge asked about the high frequency and the necessity of having designated lanes. He asked about the cost of the whole project. Mr. Carey said it is about $35 million including the vehicles. Mayor Leiken said L TD needs to include the smaller feeder buses when presenting this to the public and to the council. The perception by the public is that only the big diesel powered buses will be going through the neighborhoods. He asked that they stress that smaller buses will eventually be used. Councilor Ralston asked who will get final say on the configuration of the routes. It will be the council. He feels that from his perspective, there is no need for the double lanes. Mr. Carey explained the difficulties in going to single lanes throughout the full route. . Councilor Fitch said that there does have to be some places where passing can occur. City of Springfield Council Work Session Minutes September 8,2003 Page 4 . Councilor Ralston asked about the routes including two different vehicles. Mr. Carey discussed one way routes and the preference for two way routes. Councilor Woodrow asked if this would just be an express service. Mr. Carey said there will be stations along the way. The stations will be further apart than they would normally have them. It will be somewhat faster, and with fewer stops. Discussion was held over prioritization of buses over individual vehicles and the impacts it will or will not have on vehicles. Mr. Carey said the overall delay to individual drivers will be very minimal and mainly limited to those coming from the side streets. Mr. Carey discussed the Gateway area around the mall and the benefit ofthe BRT for pedestrians at this site. He said the right-of-way would be taken from the mall side of the street, not the residential side. Discussion was held regarding the median at Gateway. Councilor Ralston said he has a concern with dedicated lanes and traffic not being able to cross left or right. Mr. Carey explained and addressed Councilor Ralston's concerns. There are no barriers with the double lanes. Single lanes would require barriers. . Mr. Carey said they are still working on the route along Martin Luther King Jr. Boulevard. They are working with the City to come up with an acceptable route. He also discussed the route along Riverbend Drive and International Way. At this time, they will not plan a station on International Way, but will look at properties to purchase for future use. Mayor Leiken thanked Mr. Carey for his presentation and for answering council's questions. He said there is still a lot of work to do. Councilor Fitch appreciates council recognizing the importance of working with LTD on this project before a lot of development has occurred in these areas. . Councilor Ballew would like to avoid taking rights-of-way when possible. It gives citizens a bad taste about the project. Councilor Burge said he has never been a supporter of L TD because they have a right to tax and use public funds without representation. He does not support it and will not until they elect their policy makers. Councilor Fitch said that having serving on the LTD Board in the past and being appointed by the Governor at that time, it was the Portland transportation system that wanted an appointment by the Governor. She said this is the system we have and need to work with them when we can. Councilor Ralston said he agrees with Councilor Ballew regarding taking of rights-of-way and disrupting property owners. . City of Springfield Council Work Session Minutes September 8, 2003 Page 5 . COl,lllcilor Malloy said this is a great opportunity. He feels increasing the frequency of the buses would make the transportation system more desirable. He understands the need for two lanes and feels BRT is the "way of the future". 3. Springfield Surface Transportation Projects. Transportation Manager Nick Amis and Technical Services Manager Len Goodwin were present for the staff report. Mr. Amis introduced Tom Schwetz from LCOG who was in the audience. He said when the Eugene-Springfield Metropolitan Planning Organization (MPO) reached over 200,000 in population at the last census, it was declared a Transportation Management Area (TMA) by the Federal Highway Administration (FHW A). A TMA includes new transportation planning and management responsibilities and includes more Surface Transportation Planning (STP) funds for the increased activities. These STP funds must be allocated to the MPO organization and jurisdictions (Springfield, Eugene, Lane County, Lane Transit District, and Coburg) according to policies and criteria that evaluate and select projects with public involvement. At the last Metropolitan Policy Committee (MPC) meeting, MPC adopted a set of funding targets, criteria and evaluation measures for the potential STP projects. There is $6.75 million in STP funds that will be allocated in the 2004-07 Transportation Improvement Program (TIP). City staff recommends that the highest priority be given to preservation projects in this current three year STP cycle. Therefore, City staff has submitted five preservation projects for STP funding totaling $2,040,000 to the Transportation Planning Committee (TPC) for their review and ranking. In addition, staff submitted one planning project and two modernization categories set by MPC. . Mr. Amis said TPC met September 2 and 4 to evaluate and forward a recommendation to the Metropolitan Policy Committee (MPC) regarding the allocation of STP funds for projects that will be included in the Transportation Improvement Program (TIP). He updated council about the results from those meetings. Mr. Amis noted the four areas brought out by MPC: 1) preservation, 2) modernization, 3) planning and project development, and 4) transportation demand management. Number one from this list was preservation. Out of the approximately $6.5M, at least 50 percent of those funds have been held out for the next three years for preservation. Mr. Goodwin discussed the relationship between this and the Street Fund. He referenced the Transportation System Maintenance Fee (TSMF) and the Gas Tax and how they were put into place to restore the Street Fund to an appropriate amount. With the repeal of the TSMF, staff looked at other options for funding to make up most of the balance, and this was one of the elements to assist in this effort. ML Goodwin said the STP funds are a critical short-term funding element for the City's Street Fund problem and represent one of the four possible funding strategies where council has decided to focus their efforts to alleviate the Street Fund issue. The local gas tax, the City portion of the Oregon Transportation Investment Act III (OTIA III), and the Lane County portion of the OTIA III funds were the three other funding strategies for maintaining a modest Street Fund budget. Mr. Amis referenced a list of 5 prioritized projects as listed in the council briefing memorandum. . Councilor Ballew asked about the traffic count along 21 st Street and if it has increased since Walmart located its store there. City of Springfield Council Work Session Minutes September 8, 2003 Page 6 . Councilor Ralston said living in that area he knows traffic has increased. He is pleased to see 2151 Street is scheduled to be repaired in 2004. Councilor Burge asked Mr. Amis to check into the improvements on Pioneer Parkway East and . West and to make sure there is no redundancy when L TD builds its BR T lanes. He does not want to see our improvements tom up to make the BR T lanes. Mr. Amis discussed the funding and projects they can submit for funding. He gave a handout to council regarding the recent meetings which showed the project list recommended by TPC. He said that city staff agrees with the TPC recommendation and feels it is very fair. He noted that the County reduced the amount of money they requested, which allowed Springfield to be in better competition for the remaining funds. Councilor Woodrow asked how much we would receive from STP programs and how much has already been budgeted. Mr. Amis said we would receive about $1.3 million. He explained that most of it is matched funds. Mr. Goodwin explained how these funds could counter the needs in the Street Fund and no other funds will need to be allocated in next year's budget to accommodate these projects. . Councilor Fitch asked if, through these funds, we have made up the difference needed in the Street Fund. Mr. Goodwin said we are still about $250,000-$300,000 short per year based on the uncertainty of the County funding we will receive. Councilor Ballew asked if the STP funds could be carried over. Mr. Schwetz said the state tries not to take the money back. He discussed phasing of the larger projects. Mr. Goodwin said that sometimes jurisdictions receive less money for two to'three years and then in the 3rd or 4th year receive a large proportion which allows them to accomplish those larger projects. Mayor Leiken thanked Mr. Arnis and Mr. Goodwin for their accomplishment in gaining these funds. Council consensus was to accept the project list. 4. Fire District Annexation. Fire Chief Dennis Murphy and Assistant City Manager Cynthia Pappas were present for the staff report. Ms. Pappas introduced Jack Snook, Consultant for Emergency Services Consulting, Inc. (ESCI) in Portland, OR. Mayor Leiken introduced Fire Chief Tom Tallon. Mr. Tallon was here to observe council's discussion on this topic. . . '. . . . City of Springfield Council Work Session Minutes September 8, 2003 Page 7 At the July 28,2003 council work session, Fire Chief Dennis Murphy and ESCI consultant Jack Snook provided a Fire District Study and Status Report. Council decision was to continue with the project and that staff provide a report at tonight's work session. The aggressive timeline established for the Annexation Project requires formation of the Blue Ribbon Panel and a rewrite of the Draft IGA prior to November 2003. Both are elements in the decision process. Two key factors motivated the aggressive work plan and timeline: · General Fund relief by fiscal year 2004. General Fund money made available by Fire & Life Safety annexing to a fire district may be used to assist the city in addressing its budget shortfall. . · Required approval of the annexation by the Boundary Commission is a second factor. Annexation to Willakenzie Fire District is scheduled for the December Boundary Commission Meeting. November 3, 2003 is set for completion of a staff report and Annexation Application for submission to the Boundary Commission. The proposed meeting schedule contained in the agenda packet provides time for the Panel to complete their work and submit their results for review, within project deadlines. Council is scheduled to hold a Public Hearing on the IGA for the Fire District concept at their September 15, 2003 Regular Session. Ms. Pappas gave an overview of the Blue Ribbon Panel. Staff has worked on forming the panel and a list of those suggested members is attached in the council's agenda item summary. She noted that all contacted were very interested, but not all could participate due to time commitments, etc. She noted a citizen at-large who contacted her indicating interest. She asked council to consider whether or not they would like to include a citizen at-large position on the panel. Ms. Pappas outlined the charge of the committee and the purpose of the meetings. She noted the proposed schedule for the Blue Ribbon Panel meetings which is included in their packet. The first meeting is scheduled for this Wednesday, September 10 at 7:00 am. She discussed the agenda items scheduled for the meetings. She noted that Councilors Fitch and Woodrow are the council liaisons to this committee. Councilor Ballew recommended checking with the school district to see about having a school district representative. Ms. Pappas will bring this item back to council in late October. She noted some of the issues in the IGA that are still outstanding that will require policy direction. They include: 1) Rainbow and Glenwood have the opportunity to do synchronous annexation with our department going to Willakenzie or they could enter in phases. She said they have had conversations with both Glenwood and Rainbow Districts; 2) The list of assets and the cost methodology used to value those assets; 3) Transfer of employees and what would happen if after the term of the contract, the contract is not renewed; and 4) Full description of what kind of support services the district would be buying back from the city, such as human resources, information technology, and finance. Mayor Leiken noted there is no presumption made on this issue. This is a draft IGA only and will need at lease one public hearing scheduled City of Springfield Council Work Session Minutes September 8, 2003 Page 8 . Mr. Snook said a lot of work needs to be done on this project. They are working on the fmal details. Councilor Ballew asked about the proposal outlined in the newspaper that sited two or three areas in the state that were detaching from districts. Mr. Snook noted examples from two other cities in Oregon. He said that Oregon City was under contract with Tualatin Valley, but pulled from them and moved to join Clackamas County due to logistics. He said that Lake Oswego and West Linn have talked about joining Tualatin Valley. There is a verbal agreement to bid when it comes up on contract. Councilor Ballew said these cities are contracting for services instead of annexing. Mr. Snook said that gives them about 3-5 years to contract before deciding to annex. A decision does have to be made at some point whether or not to annex. Councilor Ballew questioned the assets and passing that along to people who did not pay for them. That c:oncerns her and she wants to find an equitable solution. . Mr. Snook said it is up to council to make those decisions in the contract. Some arguments include the fact that these items have been purchased with public funds once, should they be purchased again with public money. An argument on the other side is that the City gets 90% of responses and therefore gets 90% of the benefit. It is something that needs to be looked at during negotiations. He said they also need to look at return of assets to the city if the contract is broken. Chief Murphy said at this point 112% is paid by all cities. Full cost recovery has been found following council direction. He said they are addressing this in negotiations. Councilor Burge discussed the 112% and which citizens would be paying that amount. He said he feels this is not a good idea. He said we are talking about transferring millions of dollars of capital assets to a district to subsidize the General Operating Fund. He said the taxpayers already paid $6.5M to support police and fire and now we will tax them again. He said we would be providing the finance, technical services and administrative services for this district which at this time has no personnel, no equipment or staff. He questioned the task of the Blue Ribbon Panel regarding the money freed up from going to a district and how we can use it. He asked about contingent liability for the City. Councilor Burge noted that the draft IGA contained in the staff report references Exhibit A, but there is no Exhibit A included in the packet. He feels it is wrong and costly to Springfield citizens. He opposes it and will put a lot of energy into opposing it publicly. He feels this is dishonest and a way to subsidize the debt the City created itself. Councilor Woodrow asked if a representative from Willakenzie Fire District would be available to attend the Blue Ribbon Panel meetings. Ms. Pappas confirmed that their board would be participants in the meetings. Councilor Ballew referred to the draft IGA section 3.13 and response times noted for calls/response outside the city limit boudary. She would like it reworded to note jurisdiction responsibilities. She discussed late fees on pages six and eight of the report. . Councilor Burge said there has been no discussion about putting this to the voters. .. ". ,. . . . City of Springfield Council Work Session Minutes September 8, 2003 Page 9 Ms. Pappas said part of the purpose of the Blue Ribbon Panel is to make those types of suggestions. Councilor Ralston said he would not go forward without a vote. Councilor Ballew said we need to keep this as an option. Councilor Burge asked about the remaining freeboard under Measures 47 and 50 and how much money that would generate. Finance Director Bob Duey said it would be approximately $2.8 million. Councilor Burge feels we should go to the voters and ask them to go to the maximum taxing ability under those measures. This would be the additional funding we need without having to create a fire district. Councilor Fitch said no decision has been made regarding this issue. The Blue Ribbon Panel is set up to make recommendations. She said if you look at the greater population and the tax base, she believes the overall taxes have decreased in cities that have gone to a fIre district. Mr. Snook said there has to be some qualifying figures regarding those numbers and growth in those cities. Ms. Pappas said the Blue Ribbon Panel may make a number of recommendations. The Mayor and Councilor Fitch determined the organizations asked to join the panel. Each organization chose their own representative for this assignment. Mayor Leiken said in order for a fire district to be successful in this area, it needs to include Eugene and other outlying communities. He hopes that Chief Tallon will be open to discussions regarding this issue. Mayor Leiken feels this could be a start, but it is still risky either way. He said there are different perceptions regarding the tax issue. He feels we need to look at all the alternatives and continue to discuss this with Eugene. He said we need to try to give back the best product we can to the citizens of Springfield, who council represents. He hopes the Blue Ribbon Panel looks at this and makes a responsible suggestion from what they learn. Councilor Burge said there seems to be no economy of scale without Eugene. He does not see lower costs and higher profits in this option. We must be careful and remember whose money this is. '1 Ms. Pappas asked council if they wanted to expand the panel to include a school district representative and/or a citizen at large position. Council determined they would like a school district representative from their administration, but not a citizen at large representative. Mayor Leiken called for a five minute break (7:35 p.m.). Mayor Leiken reconvened the meeting (7:40 p.m.). 5. Amendments to PeaceHealth Annexation Agreements to Allow Issuance of a Land and Drainage Alteration Permit (LDAP). . . + , . ~ . City of Springfield Council Work Session Minutes September 8, 2003 Page 10 . Councilor Malloy excused himself from this discussion due to a conflict of interest. Planner Colin Stephens was present for the staff report. Mr. Stephens said that PeaceHealth has requested that the Annexation Agreements be amended to allow excavation of the area proposed by PeaceHealth for the hospital foundation and to allow them to use the soil onsite as fill under proposed parking areas. Due to the moisture sensitive soils at the RiverBend site, PeaceHealth believes it is appropriate to perform this work in late summer when the soil is at optimum moisture content. Performing this activity in winter, spring or early summer would require export of this soil and import of suitable fill. PeaceHealth estimates that the cost of such soil disposal and purchase under this scenario is approximately one million dollars and would involve more than 10,000 truck trips to and from this site. The intent of the limitation on development clauses in the Annexation Agreements was to guarantee that there would not be any development on the PeaceHealth property prior to the construction of the Martin Luther King Jr. Blvd. and other associated roadway and utility extensions. An LDAP allows only grading, excavation and fill, not actual permitted uses that place a burden on the existing roadways and other City facilities. The restrictions in the Annexation Agreements have placed a unique burden on PeaceHealth. Any other property owner in the City can apply for an LDAP and receive approval of an LDAP if they meet the standards of the Municipal Code, whether they have a development application pending with the City or not. . City staff reviewed PeaceHealth's LDAP application and determined that it is in compliance with the Municipal Code as amended by the Council in July 2003. PeaceHealth has agreed to post a bond of $500,000 for the funding necessary to restore the site if future development never occurs. They have also agreed to enter into a Hold Harmless agreement indemnifying the City from any liabilities and, very importantly, stating that the approval of the LDAP in no way presumes or implies the approval or terms of approval of any future land use decision. If the Council approves the request, the work is expected to begin on September 9,2003. Council received copies of correspondence from four citizens regarding this issue. City Attorney Joe Leahy said they received a letter from Attorney Allen Johnson opposing the modification of the annexation agreement. Based on their review, this is a decision on whether or not to amend the annexation agreement, not a hearing on the LDAP issue. He said council's determination is whether or not to amend the annexation agreement to eliminate a contractual bar to the LDAP issuance prior to master plan approval. He said the opponents have submitted interesting arguments, but Mr. Leahy and his staff have not had the opportunity to thoroughly review them. On the basis of their brief review, they feel the arguments may not be applicable to the decision of whether or not to amend the annexation agreement. Opponents may seek to test the decision made tonight per writ of review. He said the outcome is difficult to predict. If council chooses to amend the agreement, PeaceHealth attorney Steve Pfeiffer has assured the City that PeaceHealth will bear any costs arising from litigation of an appeal for the testing of the decision should it occur. Councilor Ballew said that based on the agreement they have signed, it is presumed a hospital will be built. She asked Mr. Leahy if there were other LUBA appeals and barriers. . Mr. Leahy said at this time there is a LUBA appeal regarding the original decision council made regarding annexation. He said that could come back approved or with amendments. He said city staff will be making significant recommendations regarding the master plan. Staff plans to bring .. of. _. . . . . . . City of Springfield Council Work Session Minutes September 8, 2003 Page 11 the master plan to council by January or February 2004. Mr. Leahy said first staff makes their recommendation, then the Planning Commission and then council. Councilor Burge said he would like staff to go through the archives to see if we can identify the agreement that allowed extraction of gravel from north side of the McKenzie River which altered the course of river. He said it could be an issue as this project continues. Mr. Stephens will research that for Councilor Burge and submit it as part of the record. Councilor Ballew asked if the ability to receive and LDAP permit was available prior to the annexation agreement with PeaceHealth. Mr. Stephens said that it has been in place in the municipal code for many years, but the annexation agreement is what makes this situation unique. Councilor Woodrow referred to the annexation agreement dated May 29,2002 page 11, section 5, which discusses "No occupancy permit shall be issued for the development. . " He compared that to section 1.11 and 1.12 on pages 8 and 9 regarding flood plain analysis. He asked if that had been accomplished. Mr. Stephens said that is currently under review and have been accepted as complete components. He said they have had an engineering firm perform a peer review on the pre- development study and based upon consultation with that firm, staff determined the methodology is solid. The LDAP is being processed concurrent with the flood plain development overlay application. He said staff does have the information showing the impacts. Councilor Woodrow asked how PeaceHealth will know where the buildings will go without master plan approval. Mr. Stephens said they are willing to take a risk and change it later if needed. Mr. Leahy said PeaceHealth is going to make some assumptions regarding their master plan. Legally, we do not have to approve a master plan that is consistent with the holes in the ground. He said that has been made very clear to PeaceHealth. Councilor Woodrow discussed the parking structure site and how this would affect the current lawsuit against this agreement. Mayor Leiken asked if this is the first annexation agreement which council has amended. Mr. Leahy said that we have amended other agreements. Mayor Leiken said this is a risk assessment that PeaceHealth is willing to put forward. The responsibility lies with PeaceHealth. Mr. Leahy described the special regular session about to take place and the format of that meeting. He noted that council will be hearing testimony from proponents and opponents of this issue under Business from the Audience. Mayor Leiken noted the flexibility of a hold harmless. '. . ~ " ~ r . . . City of Springfield Council Work Session Minutes September 8, 2003 Page 12 Mr. Leahy stated there is a specific language in the development code and it is clear. ADJOURNMENT The meeting was adjourned at 8:00 pm. '. Minutes Recorder - Amy Sowa , Attest: ~~ Amy Sow City Recorder