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HomeMy WebLinkAbout10/07/2002 Regular City of Springfield Regular Meeting . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, OCTOBER 7, 2002 The city of Springfield council met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, October 7,2002, at 7:00 p.m., with Mayor Leiken presiding. . ATTENDANCE Present were Mayor Leiken, Councilors Ballew, Fitch, Hatfield (via conference call), 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. Ukrainian Oral History Book Presentation. Steve Stermer introduced this item. The Ukrainian oral history project was coordinated by Linde Wicklund, funded by Oregon Council for the Humanities, The Collins Foundation and private donors. The book, Stary Kraj, is the result of that project and features articles on Ukrainian history and culture and photographs and information from local Ukrainian families on their own personal history. The book is on sale at Springfield Museum and Lane County Historical Museum. . CONSENT CALENDAR IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO ADOPT THE CONSENT CALENDAR WITH ITEM 3A REMOVED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims 2. Minutes 4. Ordinances 5. Other Routine Matters a. Authorize the City Manager or his designee to execute the Tourism Services Contract for FY 2002-2003 with the Springfield Chamber of Commerce in the amount of $35,000. b. Authorize the City Manager or his designee to execute the Economic Development Services Contract for FY 2002-2003 with Eugene-Springfield Metropolitan Partnership in the amount of $50,000. . c. Authorize the City Manager to execute the intergovernmental agreements with the City of Ashland, City of Eugene, and City of Oakridge to provide ambulance account services. . ITEMS REMOVED FROM THE CONSENT CALENDAR Council Regular Meeting Minutes October 7, 2002 Page 2 . 3. Resolutions a. RESOLUTION NO. 02-44 - A RESOLUTION PROVIDING GUIDANCE AND IMPLEMENTING TRANS PLAN TRANSPORTATION SYSTEM IMPROVEMENTS ROADWAY POLICY #2: MOTOR VEHICLE LEVEL OF SERVICE BY ACCEPTING A LOWER LEVEL OF SERVICE THAN "D" AT THE GA TEW A Y /BEL TLINE INTERSECTION. Councilor Simmons expressed public protest, in light of recent discussions held with Oregon Department of Transportation (ODOT). He said the intersection is below level D and not a tolerable thing to accept. He said it is clear that we need to do something about it sooner than later. He said it has been levelD for sometime. He wanted to take a public policy position that his vote was the same, not accepting level D at the corner of Gateway and Harlow. He said that position is uniform throughout the time and does not believe, that as a public policy issue, we should continue to accept level D as a function in the roadway system. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO ADOPT RESOLUTION NO. 02-44. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST (SIMMONS). PUBLIC HEARINGS 1. Supplemental Budget Resolution. . RESOLUTION NO. 02-45 - A RESOLUTION ADJUSTING RESOURCES AND REQUIREMENTS IN THE STREET FUND, SPECIAL REVENUE FUND, AND COMMUNITY DEVELOPMENT FUND. Finance Director Bob Duey presented the staff report on this issue. At various times during the fiscal year, the council is requested to make adjustments to the budget to reflect needed changes in planned activities, to recognize new revenues such as grants, or to make other required adjustments. These adjustments to resources and requirements which change the current budget are processed through supplemental budget requests that the Finance Department schedules on an annual basis. In recent years, the Finance Department has scheduled three (3) supplemental requests per year to come before council. This year, to accommodate the special needs of the departments that rely on grants and other one-time revenue, an additional early supplemental request has been added in October to focus exclusively on the reallocation of grant appropriation authority that are required to be carried over from FY 02 to FY 03 in order to complete the required grant activities. The council is asked to approve the supplemental budget resolution. The overall financial impact of the supplemental budget resolution is to increase total appropriations by $549,140. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO ADOPT RESOLUTION NO. 02-45. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Public Hearing for Engineering Design Standards and Procedures Manual. . Council Regular Meeting Minutes October 7,2002 Page 3 . RESOLUTION NO. 02-46 - A RESOLUTION ADOPTING ENGINEERING DESIGN STANDARDS AND PROCEDURES FOR DEVELOPMENT OF PUBLIC INFRASTRUCTURE WITHIN THE CITY OF SPRINGFIELD. City Engineer Al Peroutka presented the staff report on this issue. This is the first manual developed by the Springfield Public Works Department to guide design and procedures for infrastructure development. The Manual is cited in the newly adopted water quality revisions to the Springfield Development Code and is intended to be cited in future revisions to other sections of the Code where detailed design guidance for development of public infrastructure is given. The intent is to remove these design guidelines from the Code and place them in the Manual where they are consolidated and can be more easily updated. Council adoption of the Manual is considered necessary to give the Manual official status for citation in the Code. Future revisions to the Manual will also be brought to the Council for adoption, as they are produced. The draft Engineering Design Standards and Procedures Manual has been available for review in various stages of development since last November and comments have been solicited from the engineering and development community through notifications of the draft availability in hard copy and posted on the City's web site. At council's suggestion, an executive summary of the Manual was also developed and posted on the web site to point out those items which may be of particular interest to the engineering and development community. . An open house for discussion of the Manual was advertised through a mail-out to the engineering and development community and held on August 12,2002. Six members of the engineering community attended the open house, and although there was questioning and discussion of some requirements of the Manual, particularly the drafting and electronic as-built standards, we believe that all left with an understanding of the need for the standards to allow for better infrastructure record keeping by the city. As a part of the proposed council resolution of adoption, staff is asking that the drafting and electronic as-built standards portion of the document be placed into effect at a delayed date to allow for training within the local engineering community. All other portions of the manual are proposed to be implemented immediately upon adoption of the resolution. Council recognized staff efforts related to this issue. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO ADOPT RESOLUTION NO. 02-46. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 3. Drinking Water Protection Plan Addendum (2002). Jo. No. 02-04-l19. RESOLUTION NO. 02-47 -A RESOLUTION ADOPTING THE SPRINGFIELD DRINKING WATER PROTECTION PLAN ADDENDUM (2002). City Planner Sarah Summers presented the staff report on this issue. The city of Springfield adopted a Drinking Water Protection (DWP) Plan in 1999 that addressed only groundwater. At that time, Springfield took all of its drinking water from wells. Since then, the Willamette well field was determined to be under the direct influence of surface water, and Springfield Utility Board (SUB) will soon be using water taken from the Middle Fork Willamette. The proposed DWP Plan Addendum (2002) incorporates a surface water management area as required by Department of Environmental Quality (DEQ). A surface water element of the DWP Plan is also required by Department of Land Conservation and Development (DLCD) GoalS protection requirement and Metro Plan Periodic Review Work Task. . Council Regular Meeting Minutes October 7,2002 Page 4 . The DWP Plan sets city policies for the protection of its drinking water. The proposed Addendum does not make any changes to the original DWP Plan which stands as adopted, but adds surface water protection as required by DEQ and DLCD. All certified plans are evaluated by DEQ at approximate 5-year intervals. Recertification of the DWP Plan by DEQ will be based on an evaluation ofthe progress made toward risk reduction and an evaluation of any new elements added to the Plan. Since the Willamette well field has been determined to be under direct influence of surface water and SUB will be taking water directly from the Middle Fork Willamette, Springfield is required by DEQ, DLCD and the Metro Plan Periodic Review Work Task to add surface water protection as part of the overall DWP Plan. The Addendum is a policy document that follows the format ofthe Plan. It has been written based on the results from a Potential Containment Source Inventory done by SUB which meets the Oregon Health Division (OHD) requirement to assess major potential containment sources that could impact public drinking water. OHD requires treatment for organisms over and above the requirements for groundwater sources. SUB has constructed a slow sand filter system within the Willamette well field which will filter both groundwater and surface water intake from the Middle Fork. Willamette. The Addendum includes a delineated management area per DEQ for surface water of the Middle Fork Willamette Watershed. The area is 1,000 feet from the waterline of the Middle Fork and its perennial tributaries for a distance of approximately 28 miles upstream (8 hours) from the SUB intake at the Willamette well field. Allofthe management area is outside the boundary of Springfield's UGB, and will be a co-operative effort between SUB, Lane County, the Middle Fork Willamette Watershed Council and other organizations and governments. There will be no impact or financial cost to the city. A public hearing was held before the Planning Commission on July 2. The commission recommends adoption of the Addendum. Springfield Utility Board staff members were present to answer any questions from council. . Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO ADOPT RESOLUTION NO. 02-47. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 4. Request for an East Main Refinement Plan Diagram Amendment from Medium Density Residential to CommerciallMixed use for Applicant, Cascade Automation, Inc. (Journal Number 2002-07-2001 and associated Zone Change Journal Number 2002-07-200). ORDINANCE NO. 6024 - AN ORDINANCE AMENDING THE EAST MAIN REFINEMENT PLAN DIAGRAM AND PLAN DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL TO COMMERCIALIMIXED USE FOR PROPERTY LOCATED AT 157 SOUTH 47TH STREET, ASSESSOR MAP NUMBER 17-02-32-42, TAX LOT 2100, IN THE CITY OF SPRINGFIELD AND DECLARING AN EMERGENCY. City Planner Susanna Julber presented the staff report on this issue. The applicant has requested approval for an East Main Refinement Plan Diagram amendment to include property located at 157 South 47th Street, Assessor Map Number 17-02-32-42, Tax Lot 2100, in Mixed Use Area 2 of the East Main Refinement Plan, thereby changing the Plan Designation from Medium Density Residential (MDR) to CommerciallMixed Use. The Planning Commission approved a concurrent request for a Zone Change from MDR to Community Commercial (CC) at their September 17 Regular Session, contingent on council approval for this Refinement Plan Diagram amendment. The subject site is currently occupied by Cascade Automation, Inc. The building was constructed over two tax lots in 1977 prior to the adoption of the East Main Refmement Plan (EMRP). Tax Lot2101, the northerly Tax Lot, is zoned CC and designated CommerciallMixed Use. Tax Lot 2100 is zoned MDR and designated MDR. The portion of the building on Tax Lot 2100 does not conform to the current plan designation, and the split zoning/plan designation has . Council Regular Meeting Minutes October 7, 2002 Page 5 . created issues with the resale of the property. To rectify the situation, the applicant has requested that the zoning and plan designations be changed to Mixed Use Employment (MUE) for both Tax Lots. Based on the policies contained in the EMRP, the intentions of the Mixed Use Zoning Districts as implementing Metro Plan policies, the existing surrounding zoning and plan designations, as well as the recommendation to staff by the council regarding a procedure for implementation of the Mixed Use Zoning Districts, Staff recommends that the plan designation and zoning of Tax Lot 2101 remain unchanged. Further, staff recommends that the plan designation of Tax Lot 2100 be changed to CommerciallMixed Use and the zoning of Tax Lot 2100 be changed to CC. Both the applicant and the Planning Commission concur with staff's recommendation. An emergency ordinance is necessary to expeditiously rectify the nonconforming use of the structure and the conflicting zoning/plan designations between the two lots. A prospective buyer entered into an earnest money agreement with the applicant several months ago, and sale ofthe property is contingent on council approval of these applications. The public will benefit from this emergency approval as the future owner will be required to improve the sites landscaping, screening, and buffering requirements, particularly benefiting the existing residential properties to the south. Ms. Julber referenced agenda item summary packet item number 1-2. . Ms. Julber said there were two conditions placed on the application. This is due to the fact that when you do a zone change / Refinement Plan amendment, you have to find conformance with the Statewide Planning Goals and Goal 12, Transportation Planning Rule, requires that you not adversely impact a state facility when you are doing a zone change. Under the Community Commercial zoning, things like mini marts, much higher traffic-generating uses could be allowed. Staff found it necessary to place this condition on the approval of the application. Ms. Julber said this information was before Council in the form of an email dated October 7, 2002, from Susanna Julberand Joe Leahy, to Planning Manager Greg Mott. It clarified that City Attorney Joe Leahy spoke with Gerry Gaydos and has changed the condition regarding TPR to the following: Cascade Auto Condition Condition 1: In order to comply with the requirements of Transportation Planning Rule 12, the zone change is conditioned as follows: 1. Limit the residential component on the property to MDR, until otherwise changed through application of the Nodal Development Overlay District or other zoning. 2. Limit commercial activities to the use as office, warehouse, and assembly, until: a. The Nodal Development Overlay or other zoning expands the list of uses allowed; or b. Mitigation of service deficiencies regarding transportation capacity on Main Street and other public infrastructure is corrected. Ms. Julber said there is an additional condition for the current applicant / prospective buyer for the property, Omlid and Swinney Fire Equipment Systems. She said the Planning Commission placed a condition on them that they apply for a site plan modification application. This would allow review of their proposed screening and landscaping, etc. They have already done that and that condition has already been satisfied. . Councilor Simmons discussed community commercial property. He said under condition I, number 1, in the memorandum, it states to limit the residential component on the property to MDR. Those two statements are not consistent. Ms. Julber explained that in mixed use area 2 ofthe East Main Refinement Plan (the northerly tax lot is within mixed use area 2), and under cc zoning you can have MDR and HDR It is already allowing mixed use. This is stated in the policy adopted in 1988. Councilor Simmons said he has previously expressed concern when council adopted the mixed use issues and nodal. He had asked what happens if we are in a situation where the development outpaces our planning efforts. He understands the intent of what the applicant wants to do and understands what the Council Regular Meeting Minutes October 7, 2002 Page 6 . staff wants to do. City Attorney Joe Leahy provided information regarding this issue. He said we are not in a situation where development is "out-stripping" zoning; rather we are trying to correct a problem that occurred many years ago. Staff is trying to provide a place where the referenced business can exist in the structure. Staff was very strict because of the access to Main Street and the transportation requirements, as well as other public infrastructure. Councilor Simmons said he did not want a misunderstanding to occur in what maybe allowed. Mr. Leahy assured him that both the business wishing to purchase the property and their attorney have looked at the agreement and are clear on what is allowed regardless of pre-existing uses. Mayor Leiken opened the public hearing. 1. Attorney Gerry Gaydos, 440 East Broadway, Suite 300, Eugene, representing Cascade Fabrication, answered questions from Council. Omlid and Swinney have discussed with city staff what they do in their business and they have all agreed that this is satisfactory. They understand that they have to live within the bounds of the cc zones and if any changes are made, they need to meet with the city to review those changes. Mr. Gaydos said staff has been excellent to work with and he has appreciated their assistance. He said the major issue is to have this occur as quickly as possible. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO ADOPT ORDINANCE NO. 6024, INCLUDING CONDITIONS NOTED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . BUSINESS FROM THE AUDIENCE 1. Hanalei Rozen, 5051 B Street, Springfield, said the public should have access to two slide projectors for public use/presentations. Ifequipment is not available, the public should be informed. She hoped to present a proposal to the council at the next regular council meeting. She also noted that the minutes from her last appearance before council appeared to be condensed, therefore, she wondered if the council really understood her proposal. She hoped that she would have an opportunity to attend the October 2151 regular meeting. Ms. Rozen would need to submit written testimony Tuesday prior to the meeting. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence from Noretta "Nan" Southerland, 1695 Kelly Boulevard, Springfield, Oregon, Regarding the Recent Citizen Survey. IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Correspondence from Jeffrey Lamb, Chair, Oregon Communities for a Voice In Annexations, P.O. Box 248, Philomath, Oregon, Requested the City Council support Resolutions related to I) Repeal the twenty-year land supply, and 2) allow System Development Charges (SDC's) for Fire, Police, Schools, and Library. . IT WAS MOVED BY COUNCILOR FITCH, WITH A SECOND BY COUNCILOR BALLEW, TO ACCEPT AND FILE CORRESPONDENCE NUMBERS 1 AND 2. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. Council Regular Meeting Minutes October 7, 2002 Page 7 . BIDS ORDINANCES BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments 2. . Business from Council a. Committee Reports Councilor Ballew attended the last MPC meeting. She noted that population wise, the MPC area has changed. MPC mayor may not be enlarged by possibly adding Coburg. She said there may be some additional federal funds that become available. Staff was asked to go back and work on changes in bylaws, composition, and determine how we would distribute fulidsif received. Councilor Fitch reported on LTD meetings. Things are going along nicely with the downtown station, BRT and LTD. They will receive another update next Monday. She asked that council let her know if there are any questions prior to that meeting. L TD staff will be attending that meeting. . Councilor Lundberg reported that the Willamalane Comp Plan Committee meets again this week. They have done a wonderful job of soliciting input. They have received quite a bit of feedback regarding which recreational services Willamalane ought to be providing to the community as a whole. Councilor Lundberg discussed the TMA, which is a bigger management area. The LCOG Board had to vote to give up those responsibilities and shift them all to MPC, which they did. The other topic of discussion was Region 2050 which is ongoing in terms of its usefulness. Ms. Lundberg said discussion areas have to do with agricultural land. As we. create new direction we need to understand clearly what those directions are in terms of impacts of land use, specifically, agricultural lands and whether we lock them up in open space designations. Next month LCOG in Florence will have another discussion regarding Region 2050 and its progress from this point. Councilor Lundberg also reported that the Beltline Decision Team meets tomorrow morning, October 8. She mentioned that the Northern Link meets tomorrow night. Councilor Ballew pointed out that November 14 a Region 2050 meeting is tentatively scheduled. Councilor Hatfield said that the LOC Board meeting was last week in Tualatin. They were getting committee reports and recommendations ready for the conference that will be held November 8, 9, and 10 at the Downtown Marriott in Portland. Mayor Leiken mentioned the POW /MIA Ceremony at City Hall. The POW /MIA flag now flies everyday in Springfield. He noted that 4 members of the City Council have served their country. Mayor Leiken also mentioned the meeting that he and Mike Kelly had with Roy Orr and Rosie Pryor from McKenzie Willamette Hospital. He or Mike can share info with them if they wish. . The Mayor attended the premiere of "Bang, Bang, You're Dead". He felt it was a powerful movie as was the play presented by the Thurston High School Drama department. It will air on Showtime on October 26 and he , ' Council Regular Meeting Minutes October 7,2002 Page 8 . recommends anyone who has access to Showtime to view the show. He also thanked Chief Murphy and Ribbon of Promise for sponsoring this event. b. Other Business BUSINESS FROM THE CITY MANAGER BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned at 7:42 p.m. Minutes Recorder - Julie Wilson ~\ld KimKreb~ . City Recorder .