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HomeMy WebLinkAbout07/01/2002 Regular t Cit5/of Sprthgfield Regular Meeting . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, JULY 1,2002 The city of Springfield council met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, July 1, 2002, at 7:00 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, Assistant City Attorney Meg Kieran, Administrative Coordinator Julie Wilson and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Leiken. SPRINGFIELD UPBEAT 1. Rob Wallace, Eugene Sand and Gravel, presented the City of Springfield with the Concrete Pavement Award for Excellence in Concrete for the 58th and Thurston Road Roundabout project. CONSENT CALENDAR Corrections noted to consent calendar: . 2(e) Minutes, Regular Session - April 15, 2002: Correct the name Strovack to Strobeck. The reference is contained in the minutes document, page 6, third to the last paragraph, section 2(a)(1). ~ Other Routine Matters, accept bid for P20198. Correct attachment A, change date from August 2,2001 to June 26, 2002. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH, TO ADOPT THE CONSENT CALENDAR WITH NOTED AMENDMENTS TO ITEMS 2(E) AND 5(B). THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims 2. Minutes a. April 1, 2002 - Work Session b. April 1 , 2002 - Regular Meeting c. April 8, 2002 - Work Session d. April 15, 2002 - Work Session e. April 15, 2002 - Regular Meeting f. April 22, 2002 - Work Session g. April 29, 2002 - Work Session 3. Resolutions . Regular Meeting Minutes July 1,2002 Page - 2 . a. RESOLUTION NO. 02-34 - A RESOLUTION TO ACCEPT PROJECT P202l6 FROM EUGENE SAND & GRAVEL, INC., FOR $575.196.06. 4. Ordinances a. ORDINANCE NO. 6017 - AN ORDINANCE VACATING A CERTAIN PUBLIC UTILITY EASEMENT LYING WITHIN PARCEL 2 OF LAND PARTITION PLAT NUMBER 99-P1236 IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON. b. ORDINANCE NO. 6018 - AN ORDINANCE AMENDING ARTICLE 2 DEFINITIONS. SECTION 2.020 MEANING OF SPECIFIC WORDS AND TERMS; ARTICLE 16 RESIDENTIAL ZONING DISTRICTS. SECTION 16.100(3) CLUSTER DEVELOPMENT; 16.120, ACCESSORY DWELLING UNIT STANDARDS; AND ARTICLE 35 SUBDIVISION STANDARDS, SECTION 35.040 TENTATIVE PLAN DRAFTING REQUIREMENTS. OF THE SPRINGFIELD DEVELOPMENT CODE. 5. Other Routine Matters a. Accept the Bid Price from Western Power & Equipment for the purchase of a Hydraulic Excavator in the Amount of $74,991.00 for the Public Works Department. b. Accept the Bid Award from Wildish Construction, for Street Paving Improvements Project P20198: Daisy Street, 46th Street to 48th Street, and Vicinity, in the Amount of $408,266.50. . c. Approve the May 21,2002 Primary Election Report of Board of Canvassers and Proclamation for Springfield City Council Positions for Ward 1, Ward 2, and Ward 5. d. Authorize the City Manager to Execute the Proposed Independent Contract Agreement with David Logan for Municipal Prosecutor Services to the City of Springfield for the Period from July 1,2002 to July 30,2003. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 1. Vacation of Public Utility Easement (Assessor's Map 17-03-15-32, TL 200,300,400), Jo. No. 02-05-144. ORDINANCE NO.3 - AN ORDINANCE VACATING A CERTAIN PUBLIC UTILITY EASEMENT CENTERED ON THE LINE COMMON TO LOTS 7 AND 8, "COMMERCIAL PARK," FILE 73. SLIDE 503. LANE COUNTY PLAT RECORDS AND THE 14' WIDE PUBLIC UTILITY EASEMENT DESCRIBED IN INSTRUMENT NO.82-0698L LANE COUNTY OREGON DEED RECORDS. IN THE CITY OF SPRINGFIELD. LANE COUNTY, OREGON. City Planner Sarah Summers presented the staff report on this issue. The applicant is requesting vacation of a vacant l4-foot wide public utility easement on Assessor's Map 17-03-15-32, Tax Lots 200,300 and 400, as required for site plan approval to develop office buildings, parking and landscaping for CDC Management Corporation. . The applicant is requesting the vacation of a vacant 14- foot wide public utility easement (PUE) that is centered on the property line common to lots 7 and 8 of the Commercial Park subdivision and extends 60' into tax lot 200. The property owner has submitted a site plan (Jo. No. 02-05-128) for two office buildings with landscaping and parking which places one of the buildings across the PUE. The applicant has also submitted an application to vacate the lot line between subdivision lots 7 and 8. No utilities have been placed in or are planned for the easement to be vacated. Regular Meeting Minutes July 1,2002 Page - 3 . The proposed development can be served with existing utilities along International Court, International Way and Sports Way. Staff received no negative comments from utility providers regarding the proposed easement vacation. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. No action was taken. The ordinance received a first reading by title only. 2. Emergency Reading, Public Hearing, and Adoption of an Ordinance Establishing a fee for Type I Accessory Dwelling Units. ORDINANCE NO. 6019 - AN ORDINANCE AMENDING APPENDIX L DEVELOPMENT CODE FEES. OF THE SPRINGFIELD DEVELOPMENT CODE TO ADD A FEE FOR AN ACCESSORY DWELLING UNIT APPLICA TION, AND DECLARING AN EMERGENCY. City Planner Kay Bork presented the staff report on this item. The Ordinance being presented pertains to fees established in the Springfield Development Code. The proposed fee is consistent with City Council policy to achieve full recovery of the average cost of processing land use applications. Staffhas asked for an emergency reading so the proposed fee amendment will take effect when the proposed code amendments for Accessory Dwelling Units are adopted and are in effect. The proposed fee amendment is in relation to the proposed code amendments which will allow the construction of accessory dwelling units within the City of Springfield. Currently, the City does not have a land use application fee established to review the construction of an accessory dwelling unit (ADU). . The application fee amount proposed is $460. This figure is consistent with the fee the City charges for processing a Type I Minimum Development Standard (MDS) application (does not require 100-foot notice). The submittal requirements are very similar and the amount of staff time estimated to review the Accessory Dwelling Unit application is also similar to an MDS application. In order to process an ADU application, staff will be required to conduct an initial site visit, review a plot plan and drawings, circulate plans to other affected departments for review and comment and write a staff report with findings. Staff has estimated that the City could expect to receive approximately 7-10 Accessory Dwelling Unit applications a year. The revenue generated for the City would be between $3,290 and $4,900 a year. Ms. Bork answered questions from Council regarding this proposal. She eXplained that the code amendments are only for properties within the city limits. Any properties within the UGB do not qualify. Ms. Bork said staff has requested an emergency clause so the proposed fee amendment will take effect prior to the actual code amendments effective date of August 1, 2002. A fee should be established prior to receiving applications. 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. 6019. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 3. Annexation of Territory to the city of Springfield (Arlie & Company) Springfield Journal Number 2002-05-139. RESOLUTION NO. 02-35 - A RESOLUTION ~1TIATING ANNEXATION OF CERTAIN TERRITORY TO THE . CITY OF SPRINGFIELD AND REQUESTING THAT THE LANE COUNTY LOCAL GOVERNMENT Regular Meeting Minutes July 1, 2002 Page - 4 . BOUNDARY COMMISSION APPROVE THE ANNEXATION AND REQUESTING THAT THE ANNEXATION REVIEW BY THE BOUNDARY COMMISSION OCCUR DURING A PUBLIC HEARING. City Planner Colin Stephens presented the staff report on this issue. The applicant, Arlie and Company, has requested annexation of 12.40 acres of property located west of Baldy View Lane and south of Deadmond Ferry Road abutting to the south, east and west annexed property that is owned by PeaceHealth. Because all urban services are not currently available to serve the property, the City and Arlie have entered into an Annexation Agreement detailing how these services will be provided and limiting development on the site until such time the services are extended. The City Council is authorized by ORS 1 99.490(2)(a)(B) to initiate annexation upon receiving consent in writing from a majority of property owners and electors registered in the territory to be annexed. Consent from the property owners has been obtained and the applicant has provided evidence that 100 percent of the registered voters in the territory support the annexation. At the April 29th Regular Session the City Council held a public hearing on annexation of this site. At the time ofthe annexation application submittal, PeaceHealth was interested in purchasing this property from Arlie and Co., including it in their forthcoming Master Plan and having it subject to the PeaceHealth Annexation Agreement. During the public hearing, evidence from PeaceHealth was submitted into the record indicating that PeaceHealth would not be obtaining the property and it would not be included in either their Master Plan or Annexation Agreement. In the absence of such guarantees, staff could not make findings that the necessary key urban services would be available to serve future development and staff recommended that the Council deny the annexation request. Prior to the close of the public hearing, the applicant withdrew the application. . Arlie and Co. and the City have since entered into an Annexation Agreement (Attachment 4 of the agenda item summary packet). The agreement details how key urban services must be extended to the site, coordinates the timing of future land use application submittals for the Arlie property with forthcoming PeaceHealth applications, and ensures compatibility between the two abutting development areas as well as efficiency in the extension of services. Development on the site is limited until the Pioneer Parkway Extension project, including the extension ofthe sanitary sewer trunk line, is complete. The Council has identified this area of Springfield as an appropriate site for Mixed Use and Nodal development. Arlie and Co. has indicated a desire to employ these techniques as described in the new Springfield Development Code Articles 40 and 41 during the eventual development of the property. . Mr. Stephens referenced the agenda item summary packet, attachment 4. He explained that additional conversations have taken place with Arlie & Co., regarding the method of payment for the $750,000. He said staff has taken into consideration, the fact that they would like to split that into two separate payments, the first of$375,000 due at the issuance ofthe building permit, the other $375,000 due within one year ofthat time period. He referenced taking into account a request that Arlie & Co. would be able to issue a letter of credit or [performance] bond, prior to occupancy. Mr. Stephens read the proposed new language into the record as follows: Annexation Agreement - Page 4 Draft Dated Wednesday, June 26,2002 Section 1.5(A) New proposed language noted in Underline text. . Contribute $750,000.00 (Seven Hundred and Fifty Thousand) dollars to the City for off-site transportation improvements exclusive ofthe improvements set forth in 1.1, 1.3, 1.4 and 1.6C and D. This contribution shall be used for other off-site improvements in the Gateway Area. This contribution of funding shall not be eligible for System Regular Meeting Minutes July 1, 2002 Page - 5 . Development Charge credits. Arlie mav choose to pay the $750,000 in two payments. The first payment shall be no less than $375.000 and shall be required at the time of issuance of the initial Building Permit exclusive of a Land and Drainage Alteration Permit. The remaining balance shall be due no more than 11 months from the date of the initial payment. No occupancy certification may be requested by Arlie until the second payment is paid in full. Pertaining to the second payment. Arlie may request alternate payment methods. The city is in no way bound to grant such an alternative payment request. City Attorney Joe Leahy and Mr. Stephens provided additional information regarding the language referencing "alternative" payment requests. Mr. Stephens entered into the record a revised annexation description to be included with exhibit 1 of the agenda item summary packet. This new description was entered into the record and will be included with the original resolution document. The Lane County Boundary Commission Officer had requested that a clarified annexation description be attached to exhibit 1. Mr. Stephens said staff is confident that the application, with the agreement negotiated, fulfills the criteria contained in the Springfield Development Code, article 6 and recommends approval. Mr. Stephens and Mr. Kelly further clarified information regarding the proposed new language in the draft annexation agreement 1.5(a). Mr. Stephens answered questions from council. . Mayor Leiken opened the public hearing. 1. Karen Rolin, Associate Planner, Arlie and Co., 722 Country Club Road, Eugene, spoke in support of the proposal. She thanked city staff for their efforts in completing the annexation agreement. 2. Larry Reed, representing Arlie and Co., 722 Country Club Road, Eugene, spoke in support of the proposal. He said staffhas covered changes needed in the annexation. He thanked Colin Stephens, Mike Kelly, Joe Leahy and other city staff for their assistance in this process. Mayor Leiken closed the public hearing. Councilor Lundberg thanked staff and Arlie and Co. for working together. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH, TO ADOPT RESOLUTION NO. 02-35, WITH THE NOTED REVISION TO SECTION 1 (5)(A) AND THE AMENDED DESCRIPTION ADDED TO THE RECORD. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 4. Proposed Springfield Development Code Amendments. . ORDINANCE NO.5 - AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE, ARTICLE 1 GENERAL PROVISIONS BY AMENDING SECTIONS 1.030 AND 1.050; ARTICLE 2 DEFINITIONS, BY AMENDING SECTION 2.020; ARTICLE 31 MINIMUM DEVELOPMENT STANDARDS AND SITE PLAN REVIEW STANDARDS BY AMENDING SECTION 31.010,31.020.31.030,31.050.31.060,31.070. AND 31.100 AND ADDING SECTION 31.240; ARTICLE 32 PUBLIC AND PRIVATE IMPROVEMENTS, BY AMENDING SECTIONS 32.110 AND 32.120; ARTICLE 34 PARTITION STANDARDS BY AMENDING SECTIONS 34.010, 34.030, 34.050. 34.060 AND 34.070; AND ARTICLE 35 SUBDNISION STANDARDS BY AMENDING Regular Meeting Minutes July 1,2002 Page - 6 . SECTIONS 35.010. 35.040, 35.050 AND 35.060 AND ADDING SECTION 35.055: ADOPTING THE WATER QUALITY LIMITED WATERCOURSE MAP BY REFERENCE; AND ADOPTING A SEVERABILITY CLAUSE. Public Works Director Dan Brown and Development Services Director Cynthia Pappas recognized and thanked staff for their efforts related to the project. Ms. Pappas reminded council that this item was before them, after the Planning Commission (PC) held three lengthy work sessions in which they deliberated regarding the various components of the code amendment. At the final PC work session meeting, Lee Beyer made the motion to recommend the council approve the new standards. The PC unanimously supported this recommendation. Ms. Pappas said with the proposed code amendments, staff is attempting to position the city to receive approval for NPDES permits, in March, and avoid any state or federal sanctions as well as comply with the Clean Water Act. City Planner Mel Oberst presented the staff report on this issue. He recognized staff for efforts related to this project. Mr. Oberst said Roxie Cuellar, Home Builders Association (HBA), was not able to attend this evening. Ms. Cuellar provided permission to read, into the record, an article she wrote in Government Affairs, for the HBA. . The Springfield Planning Commission is scheduled again on June 4, to take testimony on revised amendments to the Springfield Development Code. Gary Karp, the city planner, working on the amendments, did an excellent job of addressing the concerns we had with the first edition. All references to protecting open space or trees five inches greater or otherwise, to the maximum extent possible, have been removed and the city will continue to rely on its tree cutting ordinance to protect trees as it has done in the past. Our references to staff having the discretion to require two story homes or impose other design requirements as a condition of subdivision approval have been removed as well. Springfield staff have assured me that it was never their intent to make residential development more difficult or more discretionary. The goal of the amendments is to provide standards to deal with storm water issues. The city of Springfield, like Eugene, afew years ago, must meet new regulatory standards under the Federal Clean Water Act. Few of us like new regulations at afirst glance, the proposed changes in the Springfield Code do not look too onerous. For the most part, we have been able to live with the new rules that Eugene has imposed in this area and presumably, we will be able to live with Springfield's also. Councilor Hatfield referenced an email from Ms. Cuellar to Mayor and Council, dated 7/1/02, regarding a regulation that would require a developer to identify proposed curb cuts in a subdivision, before they know if they wi1llocate the garage on the left or right-hand side. Mel Oberst said he spoke with Ms. Cuellar today about those comments. Mr. Oberst said the code would reflect language stating "where applicable or where necessary." He referenced the Hillside development and said sometimes it is necessary to know where the driveway cut is because of other regulations regarding the steepness / grade of driveway. Councilor Lundberg spoke with Ms. Cuellar and noted her appreciation for staff efforts related to the project. MayorLeiken recognized staff for the excellent work related to this project. Mr. Oberst explained that the intent ofthe proposed SDC amendments is to implement interim development code provisions to bring the SDC and future development within the City's land use jurisdiction closer to compliance with the federal standards of the Clean Water Act (CWA), the Safe Drinking Water Act (SDWA) and the Endangered Species Act (ESA). This project is an element ofthe City's Overall response to the Endangered Species Act 4(d) Rule that the City Council reviewed and approved last year. . On June .18th the Planning Commission reopened the public hearing on the proposed SDC amendments that was continued from April 2nd. There were two letters submitted into the record on June 18th. One letter was written by Regular Meeting Minutes July 1,2002 Page - 7 . Tom Bowerman who was concerned that the proposed riparian areas were not large enough. The second letter was from John Ohm who had concerns about the science relating to the size of riparian setbacks. There was no oral testimony. The Planning Commission took both written submittals into consideration and voted 6-0 with one ,absent to submit the adopting ordinance to the City Council. On June 24th staff discussed this matter at a work session with the City Council. Today, the City Council may elect to keep the record open. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken asked council ifthey wanted to keep the public record open or close it. Council noted that Ms. Cuellar's concerns have been addressed. Mayor Leiken closed the public hearing. [Note: see comments at the end of this discussion directing that the public record remain open for 10 days.] Councilor Simmons noted his objection to the deletion ofthe Irving slough / Pierce channel waterways. He said the idea of using a map as a water quality limited description, is an interesting way to get around those legal descriptions of waterways. He opposed that component. He said that this component is flawed. He said there is also an error in one of the findings, and referenced the finding that whereas 100 percent of the city's drinking comes from wells, continued compliance for safe drinking water act is necessary through these amendments. He said SUB is currently under construction, at the present time, with the sand filter, which will draw water that is not only surface impacted from the wells, but will also draw water directly from the Willamette River. He said while the finding at the current time may be correct, by October, the information will be in error. He said since the permit has been granted, the construction is underway, that is a flawed statement to say it is 100 percent reliant on well water. Councilor Hatfield recommended the public record be held open, for written comments, for an additional period of time. This ordinance comes back for a second reading and voting, in two weeks. The written record will remain open . for ten days. Council concurred. No action taken. The ordinance received a first reading by title only. BUSINESS FROM THE AUDIENCE 1. Curtis Greer, 357 55th Street, Springfield, regarding federal and state government proposing to cut taxes. He said city governments want to raise taxes. He discussed those on limited incomes. He said last year city taxes increased by 20- 30 percent. He said if you keep increasing the tax rate, people can't retire in Springfield. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence from Kelly Dobrowski, 761 N. Cloverleaf Loop, Springfield, Oregon, Regarding the Excessive Crime in her neighborhood. IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. Ms. Dobrowski testified before council regarding concerns related to public safety. Councilor Hatfield responded to Ms. Dobrowski. He shared information regarding the possible public safety levy that may be brought before council. . Councilor Hatfield said he and Councilors Fitch and Lundberg recently attended a meeting regarding jail issues. Regular Meeting Minutes July 1, 2002 Page - 8 . Councilor Hatfield shared information regarding the Public Safety Coordinating Council efforts. He said there is not a quick answer, although, council is aware of the problems. Councilor Fitch urged Ms. Dobrowski to stay informed and possibly participate in board, committee and commissions as the opportunity becomes available. Ms. Dobrowski said the problem will not go away as we wait for funding opportunity. She said we need to fmd ways to solve things now. Councilor Lundberg suggested Neighborhood Watch efforts be pursued as well as other things. Ms. Dobrowski spoke with Loretta Wilson regarding safety issues. Ms. Dobrowski said she did not see NW as a solution to the problem. Councilor Fitch said a neighborhood meeting, coordinated by the PD, would be a good start to address issues of concern. Mayor Leiken requested that Jerry Smith direct staff, as appropriate, to follow-up on this issue. Councilor Simmons recognized concerns of Ms. Dobrowski. BIDS . ORDINANCES BUSINESS FROM THE CITY COUNCIL 3. Committee Appointments. 4. Business from Council. a. Committee Reports. 1. Councilor Fitch reported on a meeting regarding j ail options. She said Councilors Ballew and Simmons also attended the meeting. She said it does look like this will be a long term project with a recommendation to form a task force. She said there is no immediate fix for this problem. Councilor Simmons discussed the jail capacity issue and clarified that [holding] capacity is the real issue. He said we can create a temporary fix that would cost $20,000-$30,000. He discussed the impact and reduction in the crime rate. He said another option is to construct a levy that will allow contribution or building of a facility. 2. Councilor Ballew reported ona League of Cities Finance and Taxation Committee meeting she attended. She asked council members to let her know if they have any finance and taxation issues they would like brought before the committee. 3. Councilor Lundberg reported on an LCOG meeting. At the next meeting, they will discuss the change from a metropolitan planning organization size to a transportation management area due to population. She said this . will make some fundamental changes in the way we conduct transportation planning. .1jI . .. . Regular Meeting Minutes July 1, 2002 Page - 9 . 4. Councilor Fitch said a BRT steering committee meeting will be held tomorrow. An agenda item includes an update on the Springfield Station. She referenced technical meetings between various staff members (L TD and the City). She explained that ODOT has a concern with some of the driveway issues as well as the light. 5. Councilor Hatfield reported on transportation planning issues. He will attend an all area meeting on the 18th. He shared information regarding proposed agenda topics. 6. Councilor Hatfield reported on the July 11 th MPC meeting. He said they will discuss by-law changes, to consider including ODOT as a voting member for transportation issues related to the state system only. 7. Mayor Leiken reported on CV ALCO activity. He said the project to relocate the planetarium to the fairgrounds is on hold. 8. Mayor Leiken will be out of the office the week of July 8. Councilor Ballew will attend MPC in his absence. 9. Mayor Leiken reminded folks ofthe upcoming Filbert Festival. He reminded them of the August 4 Mayor's Ice Cream Social event. Please contact Kathy Jensen if you are able to volunteer. . He reminded them that the Springfield Museum benefits from this event. BUSINESS FROM THE CITY MANAGER 1. City Manager Mike Kelly provided brief response to testimony made by Curtis Greer under Business from the Audience. He noted that there have been reductions to the city budget over the past 3 years. He also shared information regarding state law and explained that it does not allow tax to increase on an individual property more than three percent per year. He shared information on the three percent limitation per-property. . BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned at 8: 10 p.m. Minutes Recorder - Julie Wilson Attest: d\uc~ ~ .