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HomeMy WebLinkAbout09/08/2003 Regular . . .' . . . -...,. MINUTES OF THE SPECIAL REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, SEPTEMBER 8, 2003 The City of Springfield council met in special regular session in the Council Chambers, 225 Fifth Street, Springfield, Oregon, on Monday, September 8, 2003 at 8:05 p.m., with Mayor Leiken presiding. AITENDANCE Present were Mayor Leiken, Councilors Ballew, Fitch, Woodrow, Burge, Malloy, and Ralston. Also present were Assistant City Manager Cynthia Pappas, City Attorney Joe Leahy, City Recorder Amy Sowa and members of the staff. Councilor Malloy recused himself from this discussion due to a conflict of interest. CORRESPONDENCE AND PETITIONS IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO ACCEPT THE CORRESPONDENCE AND PETITIONS FOR FILING. THE MOTION PASSED WITH A VOTE OF 5 IN FAVOR, 0 AGAINST AND 1 ABSTENTION (MALLOY). 1. Correspondence from Allen Johnson, Johnson & Sherton, P.C., 2303 SE Grant, Portland, OR 97214 Regarding Objections to PeaceHealth Amendments. 2. Correspondence from Linda Shaver, Springfield, OR Regarding PeaceHealth's Agreement Amendments. 3. Correspondence from Bonnie Ullman, 3350 Oriole Stree~, Springfield, OR Regarding Amendments to PeaceHealth Annexation Agreements to Allow Issuance of a Land and Drainage Alteration Permit. 4. Correspondence from Jan Wilson, Coordinator, Coalition for Health Options in Central Eugene-Springfield (CHOICES), P.O. Box 70753, Eugene, OR 97401 Regarding Council Consideration of Peace Health's Request for Amendments to Annexation Agreements to Allow for Site Development Activities Prior to Master Plan Approval. BUSINESS FROM THE AUDIENCE 1. Al Johnson, Johnson & Sherton, 2303 SE Grant. Portland, OR 97214. Mr. Johnson represents John and Robin Jaqua. He thanked council for accepting his letter for filing tonight. Mr. Johnson attended the work session and appreciated the background information presented. He said the position the J acqua' s are taking on this is very simple. He said the annexation agreements with PeaceHealth, that the City signed, became the basis for the annexation which brought PeaceHealth in and allowed Springfield to make the land use changes that were made. The provisions in the annexation agreement about master planning carried over into the findings and to the refinement plan. When the City agreed to the annexation it was subject to a set of new rules that govern this project. He noted that PeaceHealth asked to be treated differently and the agreement allowed them to . . . Springfield City Council Special Regular Meeting Minutes September 8, 2003 Page - 2 be treated differently. The Jacqua's ask that the council stay with the commitment made to the Boundary Commission and the public in the refmement plan policies and to the other agencies. He said this amendment is more than an agreement with the City and PeaceHealth. It is substantially more than that. He said under state law, refinement plans apply directly to decisions that affect land use and this affects land use. The Jacqua's appreciate council hearing their views tonight and look forward to continuing in the master planning process as it goes forward. 2. Brian Terrett. PeaceHealth, 770 East 11 th, Eugene, OR. Mr. Terrett said he appreciates the council taking the time to consider this matter. He said as PeaceHealth looks at the' staff report they agree that they are simply asking for alignment of language that would allow them to apply for the LDAP, which is something any land owner can apply for. He said that PeaceHealth feels the LDAP will give them an opportunity to do some land and drainage work which will save them about $1 million which can be put towards medical ,equipment. He said it is a cost saving component, but it does hold some risk. This is a risk they are willing to take. They have made the commitment to restore the land if the city does not approve their building permits. . 3. Jan Wilson, Coalition for Health Option in Central Eugene-Springfield (CHOICES). P.O. Box 70753, Eugene, OR. Ms. Wilson said that PeaceHealth is asking to be put on the same footing as other developers, but other developers did not have an annexation agreement or are developing such a large property. She reminded council why an annexation agreement was made. She referenced Mountaingate and doing it in the right order. She said from that experience it was decided that this would not happen again. There would be no development until we have a master plan. PeaceHealth knew that was what they were signing on to and they knew ahead oftime the rules. Ms. Wilson said they may be trying to avoid scrutiny of the draft flood plain study which is a concern to her. She said once it is part of the annexation agreement it is law and it cannot be changed. CHOICES relied on that when they agreed not to file a lawsuit. She said that as Mr. Johnson pointed out there is the Gateway refinement plan which notes no development without a master plan. She said this cannot be changed without the whole hearing and the whole process of changing the annexation agreement. She asked council to honor their promises to the community. . 4. Steve Pfeiffer, 1211 SW 5th, Portland, OR. Mr. Pfeiffer said he is here tonight on behalf of Peace Health. He said this is a simple matter. He said it may seem they are asking to be relieved of their past annexation agreement and master plan review, but he said they are asking for no such special treatment. They plan to comply with the City's adopted refinement plan, metro plan and all other criteria including the LDAP criteria. He said they are moving forward with the master plan review process. They remain bound by the annexation agreement in every other manner and have implemented it including payments initially on the Pioneer Parkway obligation. He said they are asking for the ability to undertake site and grading alteration, as is available for every other developer in the city. He said the annexation agreement is not a condition of the annexation and does nothing to alter the earlier annexation. He discussed the contract between PeaceHealth and the city. He said the primary reason for doing this, is to air the dirt so they can use this dirt onsite without importing soil from other locations through neighborhoods, etc. He said the hole can be moved if necessary. On a final note, he said that PeachHealth . . . . Springfield City Council Special Regular Meeting Minutes September 8, 2003 Page - 3 stands behind whatever decision council makes and commits to the responsibility that goes with that decision. BUSINESS FROM THE CITY MANAGER 1. Amendments to PeaceHealth Annexation Agreements to Allow Issuance of a Land and Drainage Alteration Permit (LDAP). City Planner Colin Stephens presented the staff report for this item. Mr. Stephens said that PeaceHealth submitted an LDAP application to the City in early August. Although an LDAP may be issued prior to the approval of a development application, the two Annexation Agreements between the City and PeaceHealth limit all development, including LDAPs, until after City approval of a master plan. 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 ofthis soil and import of suitable fill. PeaceHealth estimates that the cost of such soil would involve more than 10,000 truck trips to and from this site. . The intent of the limitations 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 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. . Councilor Burge said the City Manager had asked him to assemble a task force to review the land use procedures and fees including LDAP fees. He said this task force is about a week and a half away from bringing the proposal to council regarding the LDAP fees. He would suggest that if council approves tonight's request, the motion should include the obligation of PeaceHealth to burden the new fee schedule as adopted. . Mr. Stephens said they have a special arrangement with PeaceHealth regarding staff used and reimbursement from PeaceHealth for those services. The LDAP fee schedule would not apply. . '. . . . . .. .. Springfield City Council Special Regular Meeting Minutes September 8, 2003 Page - 4 Councilor Ralston said he feels it is putting the cart before the horse. He said throughout the process of the making the changes to the Gateway refmement plan and in making the annexation agreement, council agreed the master plan would have to be approved before development would occur. This is very controversial in nature, and LUBA has not made a decision on this yet. He cannot agree to change the annexation agreement under these circumstances. Councilor Ballew said as a matter of equity, PeaceHealth should be treated as other developers. She does not feel it is unreasonable for PeaceHealth to want to move the dirt now. She feels council should allow them to move dirt during dry weather. Councilor Burge said he would support the request because we are assured if they excavate incorrectly, they will have to fix that and that is at their risk. He feels council would be acting punitively to deny them the opportunity to do seasonal work. They are going to have an obligation to put everything back. This is not damaging to the community and is something we have done over the years. Councilor Fitch said she supports this because it puts the burden back on PeaceHealth if the master plan is changed or amended. She heard from the neighborhood to do whatever possible to keep down the number of trips trucks make hauling in additional soil. She said this makes sense. She said it allows the process to go forward in a workable fashion with the risk not on the City, but on the developer. She noted that this is what the development community asked to have happen; to work in a partnership. She said they may not have envisioned PeaceHealth to be the first to come forward with this request, but council does not shy away from the big or small requests. IT WAS MOVEQ BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR BALLEW TO AMEND THE PEACEHEALTH ANNEXATION AGREEMENT AS OUTLINED BY STAFF. THE MOTION PASSED WITH A VOTE OF 4 IN FAVOR, 1 AGAINST (RALSTON) AND 1 ABSTENTION (MALLOY). ADJOURNMENT The meeting was adjourned at 8:25 p.m. \, Minutes Recorder Amy Sowa " Attest: ~$ JtJW1.-, Amy So City Recorder