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HomeMy WebLinkAbout11/18/2002 Regular . . . ;,. ~ MINUTES OF THE REGULAR SESSION OF THE SPRINGFIELD CITY COUNCIL HELD ON MONDAY, NOVEMBER 18,2002 The Springfield City Council met in regular session on Monday, November 18 2002 at Springfield City Hall, 225 Fifth Street, Springfield, Council Meeting Room at 7:00 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, City Attorney Joe Leahy, City Recorder Kim Krebs, Police Chief Jerry Smith, and members of staff. PLEDGE OF ALLEGIANCE Mayor Leiken led the Pledge of Allegiance. SPRINGFIELD UPBEAT 1. Celebrating Children's Book Week at the Springfield Library "Book Time". Mayor Leiken and Library Manager Judy Harold presented packets to each of the six children who won the Bookmark Contest for the Springfield Library. Children's Book Week is a national effort to remind people of the importance of books in children's lives, and to put the cause of children's reading squarely before the entire community. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR HATFIELD, WITH A SECOND BY COUNCILOR FITCH TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims a. Approve the October 2002 Disbursements for Approval. 2. Minutes a. October 7, 2002 - Regular Session b. October 14,2002 - Work Session 3. Resolutions 4. Ordinances 5. Other Routine Matters a. Authorize the City Manager to execute the contract with Oregon Apparatus Sales, Inc., in the amount of $394,579.00 for delivery of one 2001, E-One 75 Foot Quint Fire Apparatus. " Springfield City Council Min,utes of Regular Session - November 18, 2002 Page - 2 . b. Approve Endorsement ofOLCC Liquor License Application for Jim's Landing, located at 303 Main Street, Springfield, Oregon. c. Authorize the City Manager to execute a contract extension with Paradise Media for the annual FireMed Ambulance Membership Advertising and Marketing Campaign in an amount not to exceed $144,000.00. . PUBLIC HEARINGS 1. Supplemental Budget Resolution. RESOLUTION NO. 02-53 - A RESOLUTION ADJUSTING RESSOURCES AND REQUIREMENTS IN THE FUNDS: GENERAL FUND: STREETFUND: MUSEUM FUND: SPECIAL REVENUE FUND; TRANSIENT ROOM TAX FUND: BANCROFT REDEMPTION FUND: BOND SINKING FUND: SEWER CAPITAL PROJECTS FUND: SDC CAPITAL PROJECTS FUND; DEVELOPMENT ASSESSMENT CAPITAL FUND: DEVELOPMENT PROJECTS FUND: G.O. BOND CAPITAL PROJECTS FuND: REGIONAL WASTEWATER CAPITAL FUND: STREET CAPITAL FUND: TRANSPORTATION SDC FUND: SEWER SDC FUND: REGIONAL WASTEWATER SDC FUND: SEWER OPERATIONS FUND: REGIONAL WASTEWATER FUND: EMERGENCY MEDICAL SERVICES FUND: BOOTH-KELLY FUND: REGIONAL FIBER CONSORTIUM FUND: INSURANCE FUND: AND VEHICLE AND EQUIPMENT REPLACEMENT FUND. . Finance Director Bob Duey was present for 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. Typically, the Finance Department schedules three (3) supplemental requests per year to come before council. This year, to accommodate the special needs of departments that rely on grants and other one-time revenue, an additional early supplemental request was added in October to focus exclusively on the reallocation of grant appropriation authorities carried over from FY02, but unspent, appropriation authority to FY03; and transfers of resources within a fund in order to complete FY03 service activities and programs. The overall fmancial impact of the Supplemental Budget resolution is to increase total appropriations by $6,050,697 and to increase total city FTE by 1.00 in the Emergency Medical Services. The council is asked to conduct a public hearing and adopt the resolution. Mr. Duey responded to questions of the council related to the Emergency Services Fund. Mayor Leiken opened the public hearing. No one appeared to speak. . Mayor Leiken closed the public hearing. Springfield City Council Minutes of Regular Session - November 18, 2002 Page - 3 . IT WAS MOVED BYCOUNCILOR HATFIELD WITH A SECOND BY COUNCILOR FITCH TO ADOPT RESOLUTION NO. 02-53. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. . 2. Lane Regional Air Pollution Authority - Amending Springfield Municipal Code Sections 4.506 and 4.508. ORDINANCE NO.1 - AN ORDINANCE REGARDING AlR POLLUTION AND AMENDING CHAPTER 4. SECTION 4.500 "LANE REGIONAL AIR POLLUTION AUTHORITY," AMENDING SECTION 4.506 "DEFINITIONS," AND AMENDING SECTION 4.508 "PROHIBITIONS" OF THE SPRINGFIELD MUNICIPAL CODE. Water Resource Coordinator Chuck Gottfried was present for the staff report on this issue. City Council is requested to conduct a first reading and public hearing on the proposed ordinance. Lane Regional Air Pollution Authority (LRAP A) is the primary authority responsible for the control and/or abatement of air pollution in the city. As part of its duties, LRAP A is responsible under its rules and regulations and Oregon Administrative Rules (OAR), for administering the most current OAR, which concern air quality. . Springfield Municipal Code 4.500 - 4.512 deals with solid fuel heating devices (woodstoves, pellet stoves and fireplaces). LRAP A is proposing that the City Council amend these sections of the Municipal Code to bring them into line with current federal air pollution standards, to prohibit the burning of garbage, and to make other minor changes to facilitate -enforcement of the code. The requested code revisions add the new federal standard for fine particulate matter (pM2.5); prohibit the burning of garbage in a solid fuel-heating device; and establish opacity limits for smoke from such devices. PM2.5 (particulate matter with an aerodynamic diameter of 2.5 microns or less) is a pollutant that is primarily generated from combustion sources. Recently, 'federal PM2.5 standards have been set to protect the health of sensitive individuals, and LRAP A maintains that it is necessary to amend the Municipal Code to include the use of these new standards. There are no direct financial or resource concerns to the city of Springfield with respect to these proposed code revisions. LRAP A has been delegated by the city to enforce these aspects of the municipal code. LRAP A views the proposed revisions primarily as compliance tools to assist in the resolution of neighborhood complaint situations. Mayor Leiken opened the public hearing. No one appeared to speak. Mayor Leiken closed the public hearing. 3. Amendment to the Springfield Development Code, Adding "Transit Station" to the List of Permitted Uses in Article 19 Booth Kelly Mixed-Use Zoning District. . ORDINANCE NO. 6025 - AN ORDINANCE ADDING "TRANSIT STATION" TO THE SCHEDULE OF USE CATEGORIES FOUND IN SECTION 19.060 (BOOTH KELLY MIXED-USE ZONING DISTRICT) OF THE SPRINGFIELD DEVELOPMENT CODE AND AMENDING SECTION 19.11 O( 5), SPECIAL USE STANDARDS, TO CLARIFY THAT THE 200 FT. SETBACK REQUIREMENT FOR BUS TERMINALS AND Springfield City Council Minutes of Regular Session - November 18, 2002 Page - 4 . HELIPORTS FROM RESIDENTIAL USES SHALL NOT APPLY TO "TRANSIT STATIONS", AND ADOPTING A SEVERABILITY CLAUSE. Planner Mark Metzger was present for the staff report on this issue. He said in June 200 I, the City Council took forrrial action to designate vacant land on the south side of South A Street, between the Springfield Service Center and Les' s Canopies, as the preferred site for the proposed new Lane Transit District (LTD) transit station. The site is located within the Booth Kelly Mixed-Use Zoning District, which like most of our other zoning districts, does not include "transit station" among the list of allowed uses. This amendment corrects that oversight for the Booth Kelly District. Transportation facilities, such as heliports and bus terminals are allowed in the District with the provision that these be set back 200 feet from residential uses. The proposed amendment to the Springfield Development Code adds "transit stations" to the list of permitted uses within the Booth Kelly Mixed-Use District and exempts them from the 200-foot setback from residential uses. The amendment does not exempt transit stations from noise attenuating barriers or other mitigating measures that are required in the existing Code language. . LTD conducted an extensive Environmental Assessment (EA), as part of its federal application process for funds to build the station. Noise impacts were examined as part of that EA. The proposed site is already affected by traffic noise from South A Street, as well as frequent train traffic on the Union Pacific line that is just south of the site. The impacts of bus noise and station operations were projected and mitigation measures were considered. The LID report concluded that with mitigation, nearby residences would suffer no significant noise impacts. It is the conclusion of staff that the 200 ft. setback is not considered necessary in this instance. Mr. Metzger said we are to conclude a public hearing that was held open from November 4. He said a letter was received on November 15 from Mr. Roy Eberle concerning this issue. We had held the public hearing open to make sure we provided notice to everyone. It was out of that opportunity that Mr. Eberle responded. Mr. Eberle states in his letter that he is in favor of allowing Transit Stations to be at the site, but has concerns about noise impacts and air quality impacts. In our processing of development applications, a site plan review is done, and the issues that were addressed in this letter are appropriate for site plan review. We do have elements in our code that address noise impacts and require mitigation. Mr. Metzger said in talking to LRAP A about possible air quality issues, they had reviewed the EA that L TD conducted as part of seeking federal funds for this project, and were comfortable that air quality impacts at that station would be minimal, and added that they had been watching the situation at the Eugene transit station, there are near by apartments in that location, and reported that not complaints have been made related to air quality issues. Mr. Metzger said at this time he would enter the letter into the record. Mr. Metzger responded to questions ofthe council. Mayor Leiken asked if there was anyone present who wanted to speak to the matter and if so to come forward. . I. Jason Barnhart. 229 South 2nd St. Apt 25 Springfield. Spoke regarding the proposed transit station location being directly behind his apartment building. He sees the transit station as Springfield City Council Minutes of Regular Session - November 18, 2002 Page - 5 . part of a plan for revitalization of the downtowl1 area. He asked how these apartments will figure into that plan. Mayor Leiken closed the public hearing. IT WAS MOVED BY COUNCILOR HATFIELD WITH A SECOND BY COUNCILOR FITCH TO ADOPT ORDINANCE NO. 6025. THE MOTION PASSED WITH A VOTE 6 FOR AND 0 AGAINST. Councilor Hatfield said it is important to recognize the noise abatement, and other issues raised in the written letter received are site plan issues and not necessarily code issues. He said staff would definitely look at those issues when the site plan review comes through. Mr. Leahy said from personal experience, he is aware that there was substantial negotiation about what would happen with the apartments in downtown Eugene. There may have been some air conditioning purchased, and sound abatement issues addressed by the people who wanted to site the transit station. BUSINESS FROM THE AUDIENCE There was none. BUSINESS FROM THE CITY COUNCIL . 1. Committee Appointments a. Museum Board of Dir~ctors Application Review and Appointment. IT WAS MOVED BY COUNCILOR HATFIELD WITH A SECOND BY COUNCILOR FITCH TO APPOINT JANICE DUNN AND BEVERLY MEDFORD TO THE MUSEUM BOARD OF DIRECTORS. MS. DUNN'S TERM WJ;LL EXPIRE ON MARCH 31,2004, AND MS. MEDFORD'S TERM WILL EXPIRE ON MARCH 5, 2005. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Business from Council a. Committee Reports Councilor Simmons reported on the recent meeting of the Watershed Council.' . Councilor Simmons said he attended the League of Oregon Cities Conference and there were discussions regarding a PERS executive summary on the analysis of Tier 1 & 2; he said it is due out sometime the latter part of this week. He would like a copy of this executive summary when available, Mayor Leiken thanked Councilor Simmons for attending the annual business meeting, and for being the voting delegate for Springfield. . Councilor Simmons said Councilor Hatfield was voted in for another year to the LOC Board of Directors. Springfield City Council Minutes of Regular Session - November 18, 2002 Page - 6 . Councilor Ralston said he attended a Housing Policy Board/Goal Setting Session today. He reported on agenda topic items that were discussed including land banking. He said last January the Housing Policy Board and the Human Services Commission created a Homeless Prevention Task Force, and he is the chair of that Task Force. A final draft report is due and will be shared with Mayor and Council when complete. He highlighted briefly the information that would be contained in that draft report. Councilor Lundberg said having been a representative on the Housing Policy Board in the past, she would like to see the city of Springfield take a look at the year requirement for the home ownership programs, and would like to see the council consider a preferential for Springfield residents on that year basis. Bottom line is you create a Springfield homeowner. Councilor Lundberg reported on the Northern Link Committee meeting. She reported that the Beltline Decision Team did reach a unanimous conclusion. She thanked all the members of the Stakeholder Working Group, staff, and particularly Nick Arnis who has been a champion in terms of his support and help in answering questions and always being available. b. Other Business Mayor Leiken recognized the representatives from Boy Scout Troop, Pack 84, Centennial Elementary School who were present in the audience. BUSINESS FROM THE CITY MANAGER . 1. Sewer Service to Grand View Estates. City Engineer Al Peroutka was present for the staff report on this issue. The property owners in Grand View Estates assert that the city committed to providing sewer service for there properties within five years of annexation into the city of Springfield. The developer of Grand View, and property owners within Grand View, are requesting that the city fulfill that commitment. The City Council is being requested to provide direction to staff on the course of action in response to the request. Mr. Peroutka said Public Works has prepared two options included in the agenda packet for how that service could be provided to Grand View Estates and the surrounding developable area. He said basically it could be either a phased approach with the installation of a smaller pump station package, at a cost of approximately $250,000.00, versus what is in the master plan which is to serve the whole basin, which stretches out to 318t Street, and would probably not be needed for a number of years, this latter option would cost approximately $550,000.00. . Mr. Peroutka said also outlined in the agenda packet is some funding options depending on the direction of the council. He said he wanted to clarify that the option with the smaller pump station would serve an area east of Grand View Estates, which is a vacant parcel, and the pump station would be sized to serve those parcels as well, including any partitions that might happen in Grand View Estates, and also the existing residences there. He directed council to the vicinity Map, Attachment A page 3 which reflects some existing subdivisions east of Grand View and said staff does not anticipate a huge demand from those east, therefore, the pump station would not be sized to serve that specific area. He said if council is interested in cost sharing options, an option that has recently been negotiated Springfield City Council Minutes of Regular Session - November 18, 2002 Page- 7 . for extension of sewer is to expect 50 percent participation in development from property owners. . He said if council directs staff to negotiate 50 percent participation, it would be a cost of approximately $2,000.00 per property as cost sharing. Mr. Peroutka said staff recommendation is Option 2 - Phased approach, to include a negotiated cost sharing agreement with affected property owners, and that the funding be made available immediately, and that there also needs to be some commitment from the property owners to . connect if we proceed with the project. The council discussed different cost sharing options. Mr. Peroutka responded to questions of the council related to SDC charges, lot locations and lateral connections. Mr. Leahy responded to legal questions ofthe council. Mr. Kelly provided some additional background information for council. He said in 1994 the council had interest in improving the upper end of our housing and in working with Mr. Wartenbee, it was unusual but again the council had interest. Largelot subdivision, install septic tanks drain field were installed. Sanitary sewer lines were put into the streets, but not connected. The people in buying lots paid the incurred cost of the dry line sewers. We do not promote public improvement projects, and have not gone out in the last 8-9 years. That sanitary sewer has not been placed, what kind of cost sharing should we provide as a city, if any is the question. '. Councilor Ballew said it is clear we have an obligation to extend the sewer. What it gets down to . is what is equitable, and we need to finance this in the most equitable way we can. Somehow the public should not have to pay all of it. If the city could fmd a way to work to make it equitable. . Councilor Hatfield left t~e meeting at 7:55 p.m. Mike Kelly provided a brief explanation of how the SDC charges are assessed. Councilor Fitch said recognizing that Councilor Hatfield is no longer present, and in an attempt to move this forward, she would recommend that council direct staff to pursue option 2 and negotiate a cost sharing agreement with the affected property owners and if possible bring that agreement back and/or discussion from those residents at the December 2nd council meeting. She said if the residents say yes to this option then we are set, if no, then council needs to hear that and then further discussion will have to carry over until after council recess. Mr. Kelly said staff would return in two weeks and hopefully have that agreement, if not a status report would be provided. Mayor Leiken asked council if there were any further questions. Councilor Simmons asked if the city had already accepted the construction of the dry-line sewers. Mr. Kelly said yes, testing should have been done prior to the city accepting them. . 2. Other Business Springfield City Council Minutes of Regular Session - November 18, 2002 Page - 8 . BUSINESS FROM THE CITY ATTORNEY There was none. ADJOURNMENT The meeting was adjourned at 8:00 p.m. Minutes Recorder - Kim Krebs ~ ATTEST: , .(]lvU~ ~ . . "-