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HomeMy WebLinkAbout05/20/2002 Regular City of Springfield Regular'Meeting . .!' . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, MAY 20, 2002 The city of Springfield council met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, May 20, 2002, at 7:03 p.m., with Mayor Leiken presiding. ATTENDANCE Present were Mayor Leiken, Councilors Ballew, Fitch, Hatfield, Lundberg, Ralston and Simmons. Also present were City Manager Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy, Administrative Coordinator Julie Wilson and members of the staff. ' PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Leiken. SPRINGFIELD UPBEAT 1. City Manager Mike Keliy recognized Rozina Clough, Springfield Police Department, for 15 years of service to the city of Springfield and presented her with a certificate. CONSENT CALENDAR . IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH, TO ADOPT THE CONSENT CALENDAR, WITH ITEM 5(B) REMOVED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 . AGAINST. 1. Claims a. Approve the April 2002 Disbursements for Approval. 2. Minutes a. March 11, 2002 - Work Session b. March 11, 2002 - Special Regular Session c. March 18, 2002 - Regular Session d. March 25,2002 - Work Session 3. Resolutions 4. Ordinances a. ORDINANCE NO. 6011 - AN ORDINANCE REGARDING THE EXCLUSIVE GARBAGE COLLECTION FRANCHISE OF THE CITY OF SPRINGFIELD. TO PROVIDE FOR AN INCREASED FRANCHISE FEE. AND RESTATING THE FRANCHISE. AMENDING ORDINANCE NO. 5395 (SPECIAL), AS AMENDED BY ORDINANCE NO. 5621 (SPECIAL). . 5. Other Routine Matters Regular Meeting Minutes May 20, 2002 Page 2 . a. Approve of the Release ofa Storm Drainage Easement Between Deadmond Ferry Road and International Way, at the Request of the Property Owner, Sony Music Entertainment, Inc., so That Development May Occur. c. Approve a Permit to Morse Bros. to Allow Concrete Pours Outside of the Hours Permitted by the City Noise Ordinance, City Code Sections 5.220 (1)(C) and (D). ITEMS REMOVED FROM THE CONSENT CALENDAR 5. Other Routine Matters b. Approve Endorsement of OLCC Liquor License Application for Club 420, located at 420 Main Street, Springfield, Oregon. ' Councilor Ballew suggested council not provide a recommendation for this endorsement request. Community Services Manager Dave Puent and Police Chief Jerry Smith answered questions from council. Councilor Ralston asked how this establishment compared to other Springfield endorsement requests. He noted it was important to treat all business equally, under equal circumstances. Following a detailed discussion regarding this issue, the following motion was made: . IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR BALLEW, TO MAKE , NO RECOMMENDATION ON ITEM 5(B). THE MOTION PASSED WITHA VOTE OF 4 FOR AND 2 AGAINST (FITCH AND RALSTON). Council shared opinions regarding this issue. PUBLIC HEARINGS 1. Vacation of a Portion of a Fourteen Foot Easement Located Behind the WinCo Foods Store in the Springfield Mall on Olympic Street, Assessor's Maps 17-03-25-31, Tax Lot 7701 and 17-03-25-42 Tax Lot 1601 (10. No 2002-04-0111 WinCo Foods Store), Pursuant to SDC Article 9-Vacations. ORDINANCE NO.2 - AN ORDINANCE VACATING A PORTION OF AN EXISTING SANITARY SEWER AND STORM DRAINAGE EASEMENT RECORDED IN DOCUMENT NUMBER 74-20352 ON MAY 15. 1974, AND DOCUMENT NUMBER 74-20353 ON MAY 15. 1974, WITH LANE COUNTY DEEDS AND RECORDS. WHICH IS LOCATED TO THE NORTHEAST OF WINCO FOODS STORE AT SPRINGFIELD MALL ON OLYMPIC STREET. Mayor Leiken declared a conflict of interest and removed himself from this discussion on this topic. City Planner Kitti Gale presented the staff report on this issue. The applicant is requesting the vacation of a portion of a 14-foot-wide sanitary and storm water easement, which runs near the northern property line of Tax Lot 7701 and 160110cated at 1920 Olympic Street within the Springfield Mall complex. A new easement is proposed 25' to the north. . Regular Meeting Minutes May 20, 2002 Page 3 . The applicant has submitted an Easement Vacation application and a Site Plan Modification application, which includes a public improvement plan to relocate the existing sanitary sewer and storm water system 25 feet to the north of an addition to the rear of the WinCo Foods Store at Springfield Mall on Olympic Street. The easements are being vacated to allow building construction. Upon recordation of a replacement sewer easement and acceptance by the city of Springfield of the replacement sanitary sewer, the City Recorder is directed to file certified copies ofthis ordinance with the Lane County' Clerk, Assessor, and Surveyor. Councilor Ballew discussed a change in value of improvements and wondered what the process was to recoup this change. City Attorney Joe Leahy answered questions regarding this issue. Councilor Hatfield said in some situations, we, should initiate recording with Assessment and Taxation immediately. Councilor Hatfield opened the public hearing. No one appeared to speak. Councilor Hatfield closed the public hearing. No action was taken. This ordinance received a first reading by title only. 2. Request to Vacate a Plat Line - Easterly Boundary of the First Addition to Adams Plat, Map #17-02-31-00 Tax Lot 101. ORDINANCE NO. 6012 - AN ORDINANCE VACATING A PLAT LINE MARKING THEEASTERL Y BOUNDARY OF THE FIRST ADDITION TO ADAMS PLAT. LANE COUNTY OREGON PLAT RECORDS: AND DECLARING AN EMERGENCY. . City Planner Mark Metzger presented the staff report on this issue. Article 9.030 of the Springfield Development Code lists the decision criteria for approving a vacation request. These criteria state that the Council must find that the requested vacation is in conformance with the Metro Plan and related planning documents and that the vacation shall have no negative effect on access or any other public benefit derived from the plat. At issue is whether there are sufficient findings to support approval of the requested vacation. ' The Planning Commission conducted a public hearing on the matter on May 7th and no testimony in opposition to the proposal was received. The Commission voted unanimously to recommend approval of the vacation to the Council. The applicant, John Hammer filed an application in October to subdivide Tax Lot 101 as part of a larger subdivision plan. The subdivision tentative plan was approved on February 12,2002. In reviewing the final plat for approval, the City Surveyor and the Lane County Surveyor requested that an old plat line that forms the easterly boundary of the First Addition to Adams Plat, be vacated. This proposal is separate from a proposed right-of-way vacation affecting the Hammer Industrial Park that is under review by staff. The proposed vacation conforms to the Metro Plan, and reverses a subdivision configuration that is not consistent with the intended use ofthe land as designated by the Plan and current zoning. The vacation is not in conflict with adopted Street Plans, and/or Conceptual Plans in the area. A review ofthe proposed vacation by affected public and private utilities and the city of Springfield indicates no negative effects on access or services are likely to occur if the plat is vacated. It is the opinion of staff that the request meets the criteria for approval described in Article 9.030 of the SDC. . It is requested that this ordinance be considered under an emergency clause. Immediate implementation of the ordinance, if adopted, is important to the timely completion ofa proposed beverage warehouse and distribution center on one of the properties affected by the vacation. The usual affective date (30 days after council action), may cause Regular Meeting Minutes May 20, 2002 Page 4 . permitting delays that in turn may result in the failure to meet important construction deadlines. Such delays may cause the developer to move the project to another location. All property owners affected by plat line vacation support the action. It would seem in the best interest of the City to facilitate immediate implementation of the vacation through the proposed emergency clause. Mr. Metzger noted that the original was corrected to reflect the emergency language. The version of the document provide in the agenda item summary packet referred to conducting a hearing and first reading of the ordinance. He said the language regarding "first reading" was deleted and corrected to reflect the emergency clause. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH, TO ADOPT ORDINANCE NO. 6012. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence from Marcia Veach, Public Relations Coordinator, Race Unity Task Force, P.O. Box 7694, Springfield, OR 97401, Regarding the Sixth Annual Race Unity Celebration Scheduled for June 30, 2002. . Councilor Lundberg recommended the city support this event. She said the group was requesting a proclamation. Mayor Leiken indicated that these items are usually supported via a letter of support. She indicated that the group was looking for more of a public proclamation. Councilor Ballew reminded the group of separation of church and state issues. No further direction was provided. 2. Correspondence from Nick Shevchynski, 2347 Marcola Road, Springfield, OR 97477, Regarding Nuisance Complaints, and or Violations. [Please see companion staff response in agenda packet.] IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH, TO ACCEPT AND FILE CORRESPONDENCE NUMBERS ONE AND TWO. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BIDS ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments 2. Business from Council a. Committee Reports . 1.' Councilor Hatfield reported on the first League of Oregon Cities Telecommunication meeting held today at city hall and said the meeting was a success. He said the group will be very busy. Regular Meeting Minutes May 20, 2902 Page 5 . Councilor Hatfield reported that Qwest has delivered, to the city of Springfield, a check for past due right-of- way fees. He will continue to keep council updated on this issue. 2. Councilor Hatfield reported that he and Councilor Ballew attended a Region 2050 Policy Board meeting. He said the Legislature has said that DLCD is not to participate financially or any other way, on these projects. He said we provided a good explanation of why we do not have any money to put into the project either. Funding is very limited. Councilor Ballew said the new director was present at the Region 2050 meeting and feels the director is willing to work with others and help where needed. He indicated the board will continue to answer questions and be supportive of local government needs, although, they have limited funding. 3. Councilor Simmons reported on the Watershed Council meeting. He reported on business loss along the [McKenzie] River, resulting from work on the Cougar project [impact on river guides, other nearby business dependent on river activity/business). The Watershed Council will be communicating with the Corps of Engineers regarding !his long term project. Councilor Simmons said an EP A grant was presented to the Springfield School District. They will purchase e-coli monitoring equipment. They are working on a project for Thurston High School students which will include setting up a lab to monitor water quality. The students will make recommendations on how to decrease e-coli in the ditches that feed into Cedar Creek. This project will allow the students to be involved in water quality issues, at a very high level. . 4. Councilor Ballew reported on an MWMC meeting. She said MWMC owns a lot of property. This property is being used for bio-solids dewatering facility. In the future, Poplar trees will be planted and they will have a harvest. Property purchase offers have been received. She said the Poplar tree farmproject will continue to be assessed over the next five years before property sale is considered. She shared brief information regarding the drying ofbio-solids. 5. Councilor Ralston referenced a recent Register Guard article regarding the Be1t1ine/Gateway project. Council Hatfield provided council with information/update regarding this project. Councilor Hatfield said the "process" has not changed. 6. Mayor Leiken reported that CV ALCO has also taken an interest in the issue related to impact on our waterways, due to work being conducted upstreamlMcKenzie River. He referenced the impact on recreation/tourism. Councilor Ballew attended the annual CV ALCO dinner on behalf of Mayor Leiken. Mayor Leiken thanked her for attending this event. Councilor Ballew said there was good participation at the event and recognized the speakers at the event. ' 7. Mayor Leiken reported on a recent self-manager assembly held atMt. Vernon Elementary School. He had the opportunity to speak to children, kindergarten through fifth grade. 8. Mayor Leiken reported on the recent Symantec layoffs. He discussed enterprise zone issues and said this topic will probably be scheduled before council in the near future. . 9. Mayor Leiken announced that both he and Mayor Torrey will participate in an event with the Oregon Children's Choir. The event will be held on June 2, at the Hult Center. The Choir is celebrating their 20 year anniversary. Regular Meeting Minutes May 20~ 2002 Page 6 . 10. Councilor Ballew recognized and thanked all employees that participated in the Spring Cleanup event. She said neighborhoods may want to organize/offer assistance and to help others in the area that do not have pickup trucks or access to deliver items to the Spring Cleanup site at Maintenance. It was suggested the event not be scheduled when local and nearby area festivals are scheduled. The conflict in scheduling may reduce the number of Spring Cleanup participants. c. Other Business BUSINESS FROM THE CITY MANAGER 1. Preliminary Node Site Selection. RESOLUTION NO. 02-25 - A RESOLUTION APPROVING A PRELIMINARY LIST OF NODE SITES FOR FURTHER STUDY AND PLANNING DESIGN. City Planner Mark Metzger presented the staff report on this issue. The resolution names a list of potential node sites that will be the focus of further evaluation and planning by a consultant team funded by the Oregon Transportation and Growth Management Program. Staff proposes that the sites listed in the resolution (Attachment A) be approved as the "Preliminary List of Node Sites," This list is based on the staff analysis presented to Council on April 22nd and on the site preferences expressed by Council at the conclusion of the staff briefing. Similar briefings and solicitations for site preference were given to the Citizen and Technical Advisory Committees for the project on April 18th and to the Planning Commission on April 16th. The sites identified by these groups largely coincided with those identified by the Council on April 22nd. . At issue is whether the Council supports the list of sites in the resolution for further planning efforts as part of the Node Site Selection Project. Staff briefed Council on its analysis of available infrastructure capacity and potential natural resource and land use constraints for the 15 potential node sites identified in TransPlan for Springfield. The 6 sites proposed for continuing study appear to be viable with respect to the issues examined by staff. The Preliminary List of Node Sites will be the starting point for consultant review. It is possible that in the course of the project, a site might be added or dropped, as the market analysis and traffic studies are concluded by the consultant. Additional site recommendations such as that provided by LTD can be considered within the project scope. Staff will return to the Planning Commission and the Council in September with final recommendations for node site selection. The consultant team will assist staff in crafting recommendations for plan designation and zone changes that would optimize the viability of the node sites in both their marketability and intended function under TransPlan. This preliminary list will be forwarded to the Oregon Land Conservation and Development Commission as evidence of Springfield's progress in complying with the Commission Order 01-LCDC-024, which states, "Eugene and Springfield need to specify specific areas for nodal development within one year." 1. Gery Vandermeer, 2604 J Street, Springfield, recognized and thanked City Planner Mark Metzger for his recent assistance. ' . Regular Meeting Minutes May 20;' 2802 Page 7 . Mr. Vandermeer recommended revisions to the ordinance language. Mr. Vandermeer discussed the last section in the agenda item summary titled discussion I financial impact. He referenced the second paragraph, second line, toward the end, regarding the statement that reads as follows "site might be added or dropped as the market analysis and traffic studies are conCluded." Mr. Vandermeer suggested the word added be deleted from this statement so you can focus on the referenced projected nodes. In addition, Mr. Vandermeer commented on the last sentence of the same paragraph noted above, it references zone changes that would optimize the viability of the node sites in both the marketability and intended function under transplan. Mr. Vandermeer suggested expanding this language and include an economic viability statement. Following a lengthy discussion, Council Hatfield suggested no additions or changes be made to the proposed ordinance. The issue of marketability including economic feasibility function was also discussed. Mr. Metzger concurred with Councilor Hatfield. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH, TO ADOPT RESOLUTION NO. 02-25. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Other Business BUSINESS FROM THE CITY ATTORNEY City Attorney Joe Leahy said council may be served with legal papers at the start of an upcoming council meeting. If this does occur, he recommended they just accept the serving. . ADJOURNMENT The meeting was adjourned at 8:02 p.m. , Minutes Recorder - Julie Wilson ~~ Kim Krebs , City Recorder .