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HomeMy WebLinkAbout04/15/2002 Regular . 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 . 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. . 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 . 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. . 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. . Minutes of the Springfield City Council . Regular Session - April 15, 2002 Page - 3 . 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. . 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. . 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 . '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. . 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. . Mayor Leiken opened the public hearing. Minutes of the Springfield City Council . Regular Session - April 15, 2002 Page - 5 . 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. ) . 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. . 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 . 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. . 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. . Minutes of the Springfield City Council . . Regular Session - April 15, 2002 Page - 7 . 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. . . 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. . 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 . . . 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 ~ . Kim ~ebs, City Recorder