HomeMy WebLinkAbout04/15/2002 Regular
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MINUTES OF THE REGULAR SESSION
OF THE SPRINGFIELD CITY COUNCIL
HELD ON MONDAY, APRIL 15,2002
The Springfield City Council met in regular session on Monday, April 15, 2002 at Springfield
City Hall, 225 Fifth Street, Springfield, Council Meeting Room, at 7:03 p.m., with Mayor Leiken
presiding.
ATTENDANCE
Present were Mayor Leiken and Councilors Ballew, Fitch, Hatfield, Lundberg, Ralston, and
Simmons. Also present were City Manager Mike Kelly, Assistant City Manager Gino Grimaldi,
City Attorney Joe Leahy, City Recorder Kim Krebs, and members of staff.
PLEDGE OF ALLEGIANCE
Mayor Leiken led the Pledge of Allegiance.
CONSENT CALENDAR
IT WAS MOVED BY COUNCILOR HATFIELD WITH A SECOND BY COUNCILOR
FITCH TO APPROVE THE CONSENT CALENDAR. THE MOTION PASSED WITH A
VOTE OF 6 FOR AND 0 AGAINST.
1. Claims
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a. Approve the March 2002 Disbursements for Approval.
2. Minutes
a. February 25,2002 - Work Session
b. March 4,2002 - Work Session
c. March 4, 2002 - Regular Session
3. Resolutions
4. Ordinances
a. ORDINANCE NO. 6010 - AN ORDINANCE CONCERNING INDUSTRIAL USERS
OF THE CITY SEW ARAGE SYSTEM; AMENDING SECTION 4.084 AND 4.086 OF
THE SPRINGFIELD MUNICIPAL CODE TO ESTABLISH THE AUTHORITY TO
ASSESS CIVIL AND CRIMINAL PENALTIES NOT TO EXCEED $2,500.00 FOR
EACH VIOLATION.
5. Other Routine Matters
a. Approve Endorsement of OLCC Liquor License Application for the Driftwood Bar &
Grill, formerly The Driftwood, located at 5094 Main Street, Springfield, Oregon.
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b. Authorize the City Manager to renew the workers compensation policy with SAIF for the
City's 2002-2003 fiscal year.
Minutes of the Springfield City Council
, Regular Session - April 15, 2002
Page - 2
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PUBLIC HEARINGS
1. Fiscal Year 2002-2003 Community Development Block Grant and Home Investment
Partnership Recommended Funding Allocations.
Councilor Hatfield stated he had a conflict of interest with this issue and would excuse himself
from the discussion at this time.
Housing Progfam Specialist Kevin Ko was present for the staff report. He said they had their
CDAC committee meeting on April 3, which included a public hearing. He said that the council
has a copy ofthe projects as they were presented to the staff as well as the committee
recommendations. He said the committee worked very hard and did a great job with the funding
available.
Councilor Lundberg asked what monies had been put into the Fairhaven project to date?
HousingProgram Assistant Jodi Peterson said $175,000 was allocated for Phase I, and $80,000
had not been expended yet. She said St. Vincent DePaul felt that in order to complete the project
by November 2002, they would need an additional $90,000. '
Councilor Lundberg said she was hopeful that the Threshold Program could be reinstated. She
said she thought the program has the potential of becoming self-sufficient.
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Mr. Ko said city staff would coordinate a meeting with the staff of Threshold in order to work out
a loan arrangement with either the Threshold recipients or the Threshold applicants.
Councilor Simmons said regarding the bulb out on Mill Street, he thought there was a statement
made that there was funding available for that. He said now it's listed in CDBG money. Did
council approve it prior to the public hearing?
Transportation Manager Nick Amis said yes, there is funding in the pedestrian safety budget. He
said we would either use that money or the money they are trying to get through CDBG funding
He said was council previously approved was a resolution for a type of street treatment for traffic
calming.
Councilor Simmons said he encounters many bulb outs in Eugene in his everyday life. Is there an
engineering estimate that states it will cost $20,000? If we have shortfalls in the budget, and if
we have to expend those dollars, he would hope that staff would try to economize at the least cost
possible.
Mr. Amis agreed and assured him that staff would look for the least cost for the lights.
Mayor Leiken opened the public hearing.
1. Lou Enga, 2430 Polk Street, Eugene, Executive Director of Main Stream Housing. She
circulated a copy of their annual reports. She provided an explanation of what their program
offers. The Aquarius Apartments are listed on the funding recommendations. She outlined the
uses and benefits of procuring these apartments.
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Minutes of the Springfield City Council
. Regular Session - April 15, 2002
Page - 3
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Councilor Ralston asked if the City of Eugene was assisting in the funding as well for this
project?
Ms. Enga said no as this project was located in Springfield. She said there is another project
currently being built in the City of Eugene. Generally, each city assists with fund for projects in
their respective cities. She said they are also applying for two grants for the Aquarius Apartments
along with a mortgage through Pacific Continental Bank.
2. Pam Ring, 272 Hardy, Eugene, said she was present to speak in support of the funding request
of the Aquarius Apartments. She said she has a developmentally disabled son who currently lives
in the Mainstream housing in Eugene. He would not be able to do so without the affordable
housing and support that they offer. She said it really is important that these citizens have the
opportunity to integrate into housing, and hopes that additional housing would be available in this
community.
Mayor Leiken asked Mr. Ko about Lane Micro Business and whether funding their program was
being considered. He said that Lane Micro Business is a prime candidate for securing lottery
funds that were recently awarded to Lane County, and allocated for economic development.
Mr. Ko said he wasn't aware of the lottery funding, but would investigate this.
Mayor Leiken closed the public hearing.
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IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILOR
SIMMONS TO ADOPT THE FISCAL YEAR 2002-2003 CDBG FUNDING
ALLOCATIONS. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST,
AND 1 ABSTAIN (HATFIELD).
2. Amendment to the Springfield Development Code Adding Two New Articles: Article 40
- Mixed Use Development Districts, and Article 41 - Nodal Development Overlay
Zoning District.
ORDINANCE NO.2 - AN ORDINANCE AMENDING THE SPRINGFIELD
DEVELOPMENT CODE TO ADD ARTICLE 40 - MIXED-USE ZONING DISTRICTS
AND ARTICLE 41 - NODAL DEVELOPMENT OVERLAY DISTRICT TO THE
DEVELOPMENT CODE; AND ADOPTING A SEVERABILITY CLAUSE.
Planner Mark Metzger was present for the staff report. He said this is the time for the public
hearing and fIrst reading of the proposed ordinance. He circulated a copy of the recommendation
and amendment to Article 41.050, which would exempt a single-family home that already exists
when a nodal overlay is put down. He said this language was reviewed with the City Attorney.
Is this indeed what council would like to do? (This amendment is to be inserted on page 3-6
, subsection 1.) This amendment only applies to the nodal overlay.
City Attorney Joe Leahy responded to legal questions of the council.
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Councilor Simmons asked if the establishment of the zone has been designated in the metro plan
or is that something that is done in a further basis? Some areas on the map are designated
Minutes of the Springfield City Council
, Regular Session - April 15, 2002
Page - 4
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'potential nodal zone'. Does this amendment apply to those areas or will it only apply when an
area has received nodal designation?
Mr. Metzger said that at the current time it does not apply to anything.
Councilor Hatfield said the reason this came up was because the nodal implementation is an
actual zone. We would change our LDR, MDR, and community commercial zone to a nodal
zone.
Mr. Metzger said they are going to apply an overlay and article 41 is an overlay zone.
He said Article 40, mixed use, is connected to 41, nodal development, because we would be using
it in a way to implement and develop nodes. Those are affected in a way described in article 41.
When we lay a nodal development overlay over a commercial zone, which becomes much like
the mixed use commercial. We are not rezoning per se with article 41. In article 40 there is a
whole new district called nodal.
Councilor Hatfield clarified that the mixed use is an actual zone change. He said we need to have
this detached single-family exemption on the mixed-use areas. What we don't want to do is to
apply a zoning district in a predominately residential area. He said we want this area to evolve
into a higher density, but not to preclude people from financing homes in the area. He feels we
may need to look at the exemption to make sure it is not creating any problems. His
understanding was that the mixed use were overlays to the underlying zone so property could be
developed in the underlying zone, or based on the mixed-use overlay.
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Mr. Metzger clarified that what Councilor Hatfield wants is to make sure that a home, whether in
the nodal development area, or in an area rezoned with mixed-use, both have equal protection.
Mr. Metzger said he would review the language for Article 40, and make the additions as council
recommends, and bring those corrections back to council for the 2nd reading ofthe ordinance.
Mr. Metzger made some Errata corrections:
· Page 2 - 22 subsection A: #2 references section 41.020(4), it should be 40.020(4)
· Page 3-3: 41.010 subsection 1 in the purpose statement, strike the second word "related".
Mr. Metzger said additions to the development code have certain procedural issues and decision
criteria described in articles 3,8, and 14 ofthe development code that have to be complied with.
Based on his findings he can recommend the proposed additions, and concludes that they meet
the criteria.
Councilor Ballew said when reviewing the acceptable occupations of those mixed zones, what is
the basis for figuring out the difference between business/professional offices and personal
services. Was there some source that was used to evaluate this?
Mr. Metzger said originally there was a much narrower list of uses, however, based on the
discussions that occurred at the open houses, he received requests for a much broader list based
on public comment. He said it became a judgment call, not so much authoritative source.
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Mayor Leiken opened the public hearing.
Minutes of the Springfield City Council
. Regular Session - April 15, 2002
Page - 5
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1. Anita Russell, 521 Fifth Street, Springfield. Ms. Russell had written a letter to council. She
read the letter pointing out the following: She is in favor of mixed use, but asks that council
review the standards regarding commerce allowed. She asked them to think about what types
of businesses they would like to walk past every day from their homes. She also pointed out
that the new standards are an improvement, but we could do better in regards to attractive
buildings. (Ms. Russell submitted her written letter, and one additional letter into the record.)
2. Gary Vandermeer, 2604 J Street, Springfield, Discussed the mandate from LCDC to reduce
traffic flow each year. Mr. Vandermeer said it would seem prudent for the city to limit long-
term commitments to nodal development and review how we can satisfy the state with a
minimal commitment and expand later. He feels the city should ask ifthere is enough profit
in nodal development. He also noted the lack oflow-income housing in the nodal
development plans and the substantially higher cost of new construction.
3. Phillip Farrington, 677 East 12thStree" Eugene, Mr. Farrington said he had previously
submitted recommendations to the Planning Commission. The theme that permeated all of
his comments was to try to think flexibility and build that into the code. He noticed that
hotels are not included in any of the three mixed-use zones. He suggested that a modest size
hotel could serve surrounding developments. He referred to the parking code from the city of
Hillsboro. He urges caution that we don't stanch off parking.
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4. Larry Reed, 722 Country Club Road, Eugene, Mr. Reed is the Director of Planning and.
Development for Arlie & Co. He hasn't had time to complete the review ofthis amendment.
When the first draft came out last year, he had written staff with some concerns. He hasn't
seen if his original concerns have been met. In general, he said Arlie & Co. supports mixed
use and nodal development. He would like to be able to fmish his review and requests that
the written record stay open for fourteen days to allow him to get his written comments to
council.
Mayor Leiken said the record would remain open for a period of 10 days for written comments,
and said all written comments are due no later than 10 days.
. Mayor Leiken closed the public hearing.
BUSINESS FROM THE AUDIENCE
1. Larry Reed/Tom Poage, Arlie & Company, 722 Country Club Road, Eugene. Mr. Reed said
what he liked about his job was working with consultants, and environment reviews. He said
what he disliked the most about his job is begging and pleading with Planning Commission
and City Council members to be treated more fairly. He hoped the delay regarding their
annexation request does not delay their hearing currently scheduled before the Boundary
Commission in June.
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2. Jerry Rainey, 814 South 68th Street, Springfield, Mr. Rainey said he was a resident of the
Thurston hills. Approximately one year ago a young boy was killed while riding a scooter in
that neighborhood. He doesn't know the child or parents, but someone has placed a
temporary memorial on the curb where he was killed. He requested that the City Council be
supportive of doing something such as installing a memorial or bench at the Jesse Maine
Minutes ofthe Springfield City Council
Regular Session - April 15, 2002
Page - 6
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Park, with a plate in memory of this young boy. Mr. Rainey said he did not know the correct
protocol, and requested direction from the council.
Councilor Hatfield suggested that Mr. Rainey attend a Willamalane Board meeting and make the
request as this is their park, and requested that City Manager Mike Kelly contact Mr. Keefer at
Willamalane to discuss this issue. He said the council would be supportive of Mr. Rainey's
request.
CORRESPONDENCE AND PETITIONS
IT WAS MOVED BY COUNCILOR HATFIELD WITH A SECOND BY COUNCILOR
FITCH TO ACCEPT THE CORRESPONDENCE FOR FILING. THE MOTION PASSED
WITH A VOTE OF 6 FOR AND 0 AGAINST.
1. Correspondence from Mrs. Alice Verret, 3195 Wayside Loop, Springfield, Oregon regarding
the flood plain in the Urban Growth Boundary.
2. Correspondence from Robert Foster 369 West D Street, #1, Springfield, Oregon regarding the
flood plain along the Willamette River.
3. Correspondence from Tom Bowerman, 33707 McKenzie View, Eugene, Oregon regarding
flood plain public input.
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BIDS
ORDINANCES
BUSINESS FROM THE CITY COUNCIL
1. Committee Appointments
2. Business from Council
a. Committee Reports
1. Councilor Hatfield attended the LOC board meetings during the week of AprilS.
The league hired a new executive director, Ken Strobeck, former legislator.
Councilor Hatfield said the LOC has done a very good job for our cities, but has
not been as strong in legislative affairs. He felt that hiring Mr. Strobeck would
assist the LOC in that area. His appointment was a unanimous vote by the board
and will be effective May 6th. Budget issues were discussed.
The Metropolitan Policy Committee (MPC) moved the 42nd Street upgrade project
to #1 STIP funding priority.
2. Councilor Lundberg said tbe I-51 Be1tline decision team is baving a public
bearing and open bouse on May 22nd.
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Minutes of the Springfield City Council
. . Regular Session - April 15, 2002
Page - 7
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Councilor Fitch asked Councilor Lundberg ifwitb several oftbe models sbowing
the loop going through a restaurant that is currently closed, is anything being done
to enligbten folks that tbis migbt be the best time to p~rchase tbat property .
because the restaurant is currently closed?
Mr. Arnis said that is a very good question. ODOT won't take any action until
tbey have adopted an environmental assessment.
3. Councilor Ballew reminded everyone that on April 18, there would be a candidate
forum sponsored by the Chamber here in the City Council Chambers.
4. Councilor Simmons saidat tbe Watershed Council they had a discussion with
gravel operators wbere tbe McKenzie and Willamette run together. There is a lot
of discussion regarding setbacks and projects in that area. They watched a
presentation about pond turtles, etc. He said an issue came up during the
discussion about the McKenzie Trust and the property on the far side of Oxbow.
Councilor Simmons asked Mr. Leaby if there had been any follow-up on those
discussions. .
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Mr. Leahy said initially it was discovered that it needed to be clearer as to whether
that island was included in the original legal description. Upon review by the city
surveyor's office, it was found that is was not included. He said we proceeded
under tbe assumption that they intended to provide it to us. The city received
anotber legal description from tbe title company, and looked at it again. The legal
description was still not complete. Don Rogers is currently working on a complete
legal description, which will be sent to Weyerhauser to be exercised.
Councilor Simmons said that wbile driving down 42nd Street he noted a large sign
on the Hammer Property showing subdivision lot availability. They bave done
brush clearing along tbe Irving Slough. They have a permit, but it does not seem
to allow that process to occur. He feels that the city may have internal
communication issues tbat need to be looked at very carefully. In addition, he is
upset that tbey would proceed with this without the vacation done. There seems
to be some presumption on behalf of the developer that the city would follow a
particular course of action. He is concerned that we are getting into the issue
where we are allowing development to occur in a riparian area that may be in
conflict with the water quality question. He believes the city needs to be cautious
of how we go about granting the permit. He requests staff take a stringent look at
the permit in order to protect the cities interest, as well as protecting the legal
liability in tbe clean water process.
Mr. Leahy said be had a discussion with Mr. Hammer last Friday. Mr. Hammer
has submitted his letter of credit, has posted his bond, and has a development
application approval that relates to the bond. If he has been inconsistent with the
development requirements, it has not been brought to the attention of his office.
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Councilor Simmons said he understands the development scenario, but in looking
at the sign that these parcels are for sale, they are not consistent with the goals of
protecting neither the habitat, nor the existing right of way since 1864. He feels
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Minutes of the Springfield City Council
. Regular Session - April 15, 2002
Page - 8
Mr. Hammer has stepped outside of the permit. Councilor Simmons is asking that
staff take a look at this situation.
City Manager Mike Kelly said staff would look into this and provide follow up in
the next communication packet. He will also keep Councilor Ralston involved
and updated as well.
BUSINESS FROM THE CITY MANAGER
There was no business.
BUSINESS FROM THE CITY ATTORNEY
There was no business.
ADJOURNMENT
The meeting was adjourned at 8: 11 p.m.
Minutes Recorder - Kim Krebs
I W. l:;e!k-en, Mayor
Lyle Hatfield, Council President
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. Kim ~ebs, City Recorder