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City of SpringfieldRegular Meeting

MINUTES OF THE REGULAR MEETING OF

THE SPRINGFIELD CITY COUNCIL HELD

MONDAY DECEMBER 7 2009

The City ofSpringfield Council met in regular session in the Council Meeting Room 225 FifthStreet Springfield Oregon on Monday December 7 2009 at 7 00 p m with Mayor Leiken

presiding

ATIENDANCE

Present wereMayor Leiken and Councilors Ralston Lundberg Wylie Leezer Simmons andPishioneri Also present wereCity Manager Gino Grimaldi Assistant City Manager Jeff ToweryCity Attorney Bill Van Vactor City Recorder Amy Sowa and members of the staff

PLEDGE OF ALLEGIANCE

The Pledge ofAllegiance was led by Mayor Leiken

SPRINGFIELD UPBEAT

1 Citizen Appreciation Don Gilbert

Police Chief Jerry Smith introduced Nancy Savage from the FBI and Mr Don Gilbert who was

at the meeting with his wife On October 30 2009 a male suspect committed a robbery at the

Register Guard Credit Union located at 850 Belt Line Road Police Detectives had beenunsuccessfully searching for this individual since the October 23 2009 bank robbery at theUmpqua Bank on Mohawk in Springfield and a subsequent robbery ofthe Chase Bank on SouthWillamette in Eugene on October 26 2009

Mr Don Gilbert wasconducting a transaction at the Register Guard Credit Union when heobserved the suspect at a nearby teller station Raised voices garnered his attention and MrGilbert realized that the man wascommitting a robbery After the suspect removed money fromthe cash till he moved toward the exit

Mr Gilbert grabbed the suspect by the sweatshirt in an effort to keep the suspect from leaving thebank The suspect began flailing at Mr Gilbert in his effort to escape Mr Gilbert realized thathis action may not be safe and released his hold ofthe suspect who fled on foot

Mr Gilbert entered his carand followed the fleeing suspect He came across two securitypersonnel for Symantec and informed them ofthe bank robbery Shortly thereafter SpringfieldPolice Officers arrived and with the deployment ofa K 9 team located the suspect hiding inbushes north ofInternational Way and the Symantec complex

The capture ofthis suspect is a direct result ofthe action ofMr Gilbert and his willingness to

become involved This was the third bank robberyperpetrated by this suspect in a two weekperiod and his arrest likely prevented addition criminal acts

City ofSpringfieldCouncil Regular Meeting MinutesDecember 7 2009

The Springfield Police Department wanted to extend its gratitude and appreciation for thewillingness ofMr Gilbert to be an involved citizen and cause the arrest ofa criminal who was

determined to continue criminal conduct

Chief Smith presented Mr Gilbert with a plaque acknowledging his assistance in capturing thebank robber

Ms Savage presented Mr Gilbert with a coffee mug from the FBI thanking both Mr Gilbert andthe Springfield Police Department

Mr Gilbert said he was very impressed with the quick action ofthe Springfield Police

Department and especially their K9 Breck

CONSENT CALENDAR

IT WAS MOVED BY COUNCILOR RALSTON WITHA SECOND BY COUNCILORLUNDBERG TO APPROVE THE CONSENT CALENDAR THE MOTION PASSEDWITH A VOTE OF 6FOR AND 0 AGAINST

1 Claims

2 Minutes

a November 16 2009 Work Session

b November 16 2009 Regular Meetingc November 23 2009 Work Session

3 Resolutions

a RESOLUTION NO 09 51 A RESOLUTION AUTHORIZING THE CITYMANAGER TO AWARD COMPETITIVE BIDS EXCEEDING 35 000 REQUESTSFOR PROPOSALS OTHER PERSONAL SERVICES CONTRACTS EXEMPT FROMBIDDING REQUIREMENTS UNDER THE PURCHASING REGULATIONS ANDAPPROVE AMENDMENTS TO PUBLIC CONTRACTS DURING THE PERIOD OFDECEMBER 8 2009 THROUGH JANUARY 18 2010 WHILE THE COMMONCOUNCIL IS IN RECESS

b RESOLUTION NO 09 52 A RESOLUTION TO ACCEPT PROJECT P2038 1HARLOW ROAD LIFT STATION FROM EMERY SONS CONSTRUCTION INCIN THE AMOUNT OF 3 663 775 03

4 Ordinances

5 Other Routine Matters

a Acceptance of the Bid from C K Petroleum Equipment Company for the Regional FuelFacility Upgrade Project Phase 1


b Allow Utility Relocation Construction Activities Outside ofthe Hours of7 a m and 6

p m with Conditions as Described in Attachment 1 GatewayBeltline IntersectionP20474 for Work in Preparation ofthis Joint SpringfieldODOT Project

c Approve the Contract Renewal ofMunicipal Court Judge Pro Tem Richard Curtis for thePeriod Ending June 30 2010

d Approval ofLiquor License Endorsement for Jalisco Restaurant Mexicano 1537

Mohawk Blvd Springfield Oregon

ITEMS REMOVED

PUBLIC HEARINGS Please limit comments to 3 minutes Request to speak cards are availableat both entrances Please present cards to City Recorder Speakers maynot yield their time to others

1 Proposed Amendments to the Metropolitan Wastewater Management Commission MWMCSystem Development Charge SDC Methodology

RESOLUTIONNO 09 53 A RESOLUTION OF THE CITY OF SPRINGFIELDCOMMON COUNCIL ESTABLISHING A NEW METHODOLOGY FOR THE

REGIONAL WASTEWATER SYSTEM DEVELOPMENT CHARGE AS SET FORTH INTHE SPRINGFIELD MUNICIPAL CODE

Environmental Services Manager Ron BittIer presented the staffreport on this item During the

budget ratification process in May of2008 both the Lane County Board ofCommissioners andthe Eugene City Council asked MWMC to review its methodology to ensure SDCs capture fullrecovery ofcapital expenses in a manner that achieves equity between newly connected andpreviously connected users This objective was specifically called out in the MWMCIntergovernmental Agreement IGA under Section 3 t 4

Additionally the IGA in Section 8 c obligated the Governing Bodies to adopt sewer user chargesand system development charges and impose such charges on behalf ofthe Commission at therates and amounts recommended by the Commission

InJuly of2008 the MWMC contracted with Galardi Consulting to review the MWMC SDCmethodology At the October 2008 MWMC meeting staff presented five elements which couldbe modified including project re costing compliance costs financing costs rate supportedcredit and the SDC assessment schedule The Commission directed staff to further review theproposed changes and it was determined that project re costing would not be included in the

proposed amended methodology

During the June 2009 MWMC meeting all four elements werepresented to the Commission andstaff was directed to move forward with the SDC methodology update and to begin the publicinvolvement process Written notice was sent to all individuals listed in the MWMC InterestedParties list on June 10 2009 Inaddition the MWMC held a public hearing on September 112009 at which no testimony was received

At the September 11 2009 MWMC meeting the Commission approved Resolution 09 15

approving the amended MWMC SDC methodology and directed staff to take the amendedmethodology to the Cites ofSpringfield and Eugene for adoption and implementation in


accordance with the MWMC Intergovernmental Agreement On November 23 2009 the EugeneCity Council held a public hearing at which no testimony was received and adopted a resolutionaccepting the changes to the MWMC SDC Methodology

At the Springfield Council s November 23rd work session staff presented the methodologychanges recently approved by the Commission Council was requested to conduct a publichearing on the proposed amendments onthe MWMC SDC Methodology and consider takingaction on the resolution after the public hearing

Mr Bittlernoted that most of the projects required by regulatory statutes had or would becompleted by December 31 2009 as required by the Federal government Ifadopted theproposed fees would be implemented on January 1 2010

Mayor Leiken opened the public hearing

No one appeared to speak

Mayor Leiken closed the public hearing

IT AS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILORLUNDBERG TO ADOPT RESOLUTION NO 09 53 THE MOTION PASSED WITH AVOTE OF 6 FOR AND 0AGAINST

2 Public Hearing and Proposed Sale ofCity Owned Former Oregon Department ofAdministrative Services DAS Property in Glenwood

Community Development Manager John Tamulonis presented the staffreport on this item

Through a loan from the City Springfield Economic Development Agency SEDA funded the700 000 purchase ofthree surplus parcels from the Oregon Department ofAdministrative

Services DAS City ownership was recorded July 31 2009 As condition of sale the Cityrequired easements to protect drainage ways and wetlands cross over access among parcels withaccess to Franklin Boulevard viamotor pool driveway and possible future need to dedicateadditional right of way along Franklin Boulevard Attachment 1 ofthe agenda packet The

Proposed Sale offered two ofthe parcels and city lease with Hamilton Construction to Mr AlPatel for 700 000 Mr Patel owned the property between the two parcels the City had offered tosell him

Attachments 2 and 3 ofthe agenda packet wereappraisals done in 2008 for the City and DAS forthe two offered properties They indicated simple market values totaling between 640 000 and

660 000 for the two parcels The City lease with Hamilton Construction during Willamette RiverBridge construction for the two properties Attachment 4ofthe agenda packet ran from October1 2009 to September 30 2011 at 1225 monthly with two possible one year extensionsAttachment 4 also included a lease income summary with present value calculations for the totalrentwith extensions

City received a Preliminary Title Report by Evergreen Title Company showing it would writeTitle Insurance for the properties Map 17033433 Tax Lot 500 and Map 17033344 Tax Lot 100within the south 3300 block ofFranklin Boulevard in Glenwood

City ofSpringfieldCouncil Regular Meeting Minutes

December 7 2009

The City had an access easement to the properties from Franklin Boulevard and the deed aftersale would include additional access easement connecting the east and west parcels across Mr

Patel s intervening parcel The lease with Hamilton for these two parcels had a potential presentvalue including two one year extensions ofbetween 56 710 and 57 300 based on discount rateused Attachment 4 ofthe agenda packet The potential total range ofvalue ofthe two propertiesplus lease was 696 710 to 717 300 These values diminished by the sale required easements

reservations and exceptions restricting use depicted in Attachment I ofthe agenda packet for

drainage wetlands about 10 000 square feet crossover access about 3 600 square feet and

potential future right ofway dedication along Franklin Boulevard about 1 400 square feet

Councilor Ralston asked if Mr Patel owned the home on the property

Mr Tamulonis said there were two homes The first was leased out by Mr Patel and the other

wasbeing used by Hamilton Construction

CouncilorRalston asked about an access driveway

Mr Tamulonis explained the current access and the proposed access which would be moved east

Because this was an ODOT highway there were limits on the number of trips that could go inand out ofthe access The access location could be moved so it didn t interfere with the house

Councilor Pishioneri asked about ownership ofTax Lot 200

Mr Tamulonis said part of it would be retained by the City for drainage and wetlands protectionThe City would also have access across Tax Lots 100 and 500

Mayor Leiken opened the public hearing

No one appeared to speak


IT WAS MOVED BY COUNCILOR RALSTON WITHA SECOND BY COUNCILOR

LUNDBERG TO APPROVE THE CITYMANAGER SIGN A SALE AGREEMENT TOSELL THE FORMER DAS PROPERTY INCLUDING LEASE TO MR AL PATELTHE MOTION PASSED WITHAVOTE OF 6FORAND 0AGAINST

3 Adoption ofSpringfield Residential Land and Housing Needs Analysis Case NumberLRP2007 00030

RESOLUTION NO 09 54 A RESOLUTION OF THE COMMON COUNCIL OF THECITY OF SPRINGFIELD ADOPTING THE 2009 PRELIMINARY SPRINGFIELDRESIDENTIAL LAND AND HOUSING NEEDS ANALYSIS FULFILLING ITS

STATUTORY OBLIGATION TO COMPLETE THE PRELIMINARY INVENTORYANALYSIS AND DETERMINATION BY JANUARY 1 2010

Planning Supervisor Linda Pauly presented the staff report on this item On November 16 2009the City Council conducted a public hearing to receive testimony on the Springfield ResidentialLand and Housing Needs Analysis The hearing was continued to allow additional time for

CityofSpringfieldCouncil Regular Meeting MinutesDecember 7 2009

consideration ofrefinements to constraints data The Analysis had been updated in response tothe refinements

The study indicated that 5 980 additional units would be needed to provide a 20 year supply ofhousing to meet Springfield s needs and that the housing mix single family vs multi familydwellings would need to change to meet shifting population demographics The study providedtechnical analysis to determine the amount ofland that would be required to provide for theneeded dwelling units based on the inventory ofland available under existing Metro Planresidential designations Plan policies and statutory provisions for making such a determination

The study indicated that a significant portion of Springfield s vacant residential land was

constrained by steep slopes wetlands andor riparian resource areas Since the November 162009 hearing staff and the City s consultants ECONorthwest conducted additional analysis toreview the data used to identify the slope constraints presented in the draft RLS Attachment 2 ofthe agenda packet provided a memorandum that summarized 1 the new data and methods usedfor the revised RLS and 2 areas where substantial revIsions occurred between the August draftRLS and the December draft RLS Since the residential inventory was conducted a new dataanalysis tool called LiDAR had become available This tool allowed for a more precisedetermination of topographic constraints 5 meter vs 10 meter contours The Residential Landand Housing Needs Analysis had been revised to incorporate these data refinements and tocorrect inconsistencies in the slope constraints data The revised analysis resulted in thefollowing changes

The revisions indicated that Springfield had a small overall surplus ofresidential land 59acres The August draft indicated a 344 acre deficitThe revisions showed the Low Density Residential designation had a surplus ofapproximately 72 gross acres The August draft indicated a deficit of293 acres in theLDR designation Note that this did not include deductions for the Hillside OrdinanceThe revisions showed the Medium Density Residential designation had a surplus ofapproximately 18 gross acres The August draft showed a d ficit of15 acres

The revisions showed the High Density Residential designation had a deficit ofapproximately 34 gross acres The August draft indicated a deficit of35 acres

The total residential land surplus was 59 gross acres

The Study concluded that the available supply ofresidential buildable lands in Springfield and themetro urban area east ofI 5 did not fully meet Springfield s projected 20 year residential landneeds under current plan designations and policies Springfield would decide how to address thedeficit as well as other urban land needs public commercial industrial recreational etc as itmoved toward meeting its statutory duty to establish its own UGB

Staff presented the updated information to the Planning Commission on December I All oftheinformation and a weblink to the information was sent to all those that testified during theNovember 16 public hearing as well as to all interested parties Staffreceived some additionaltestimony that was distributed to the Mayor and Council All items had been entered into therecord for tonight s decision

Ms Pauly introduced Al Johnson from Johnson Sheraton who was present in the audience MrJohnson was a contract attorney who had been working with staff on this item Tonights decisionwas preliminary and would be part ofa final land use decision when the Council adopted theSpringfield 2030 Refmement Plan At that time it would be a final land use decision and would


go through the public process The reason the City was having the public hearings on this partwas to allow citizens to bring up questions so staff could provide the best possible information to

the Council as they moved forward Ms Pauly noted that Bob Parker from ECONorthwest was

also in the audience and available to answer questions

Mayor Leiken continued the public hearing which was opened on November 16 2009

1 Laura Potter HomeBuilders Association HBA2053 Laura Street Springfield OregonMs Potter said the HBA advocated for the land study and had reviewed the current data andseenthe numbers They would continue to look at the numbers as work continued in thisprocess Action tonight was not a fmalland use decision but was a preliminary step to thatland use decision This would be revisited again and the fmal decision would still be a fewmonths away Ifnew information came to light which they believed it would it needed to beconsidered by all involved She asked the Council to take action tonight to comply withHB3337 so they could move forward with this process HBA would continue to look at the

numbers and data

2 Michael Farthing P O Box 10126 Eugene Oregon Mr Farthing said he representedGordon Webb who owned approximately 600 acres in southeast Springfield about half

inside the urban growth boundary UGB and about halfoutside Mr Webb was veryinterested in this process Mr Farthing said he wasnot sure what was going on with thisprocess The document presented to Council at this meeting showed there was an oversupplyofresidential land for the next twenty years That was a complete change from the document

they saw in November and he felt that was outrageous This study had been going on for fouryears and he had only six days to respond to these new figures and he was disappointed Citystaff and lawyers had told themthis was not a fmal decision He referred to Mr Johnson s

memo section 5 and felt his statement meant this was a fmal decision IfCouncil adoptedthose numbers today that would determine what they took into the next phase They could

say it wasnot binding but that was not occurring He suggested using the initial inventoryfrom November if this wasnot binding This was ana1 not a science but wasbeing treatedas if it was a science Council made the assumptions and determined how they wereanalyzedHe referred to Mr Johnson s memo section 2 which referenced LUBA and DLCD Heasked if they had received direction from LUBA or DLCD on how to conduct this study He

referred to Mr Johnson s memo section 3 which referenced the deadlines established by thePAPA statute and HB3337 to allow for meaningful citizen participation He didn t feel therehad been time for meaningful citizen participation Eugene wasn tgoing to meet the

December 31 deadline so he asked why Springfield was rushing around to meet it He againsuggested Council adopt the figure from November

3 Teresa Bishow Representing Arlie and Co 2911 Tennyson Ave Suite 400 Eugene ORMs Bishow distributed a copy ofher testimony to the Mayor and Council and staff Arlie andCo was a family owned development company with strong community ties They haddemonstrated their ability to design and construct sustainable green building projects that

providedjobs housing choices and densities that supported transit As the City had beenworking on the buildable land inventories their company had been working on a design for a

new mixed use urban village depicted in the 1999 Jasper Natron Plan She was here to

encourage the Council as they moved forward to determine Springfield s UGB and anyneeded plan amendments or changes ofzoning to address deficiencies in the land supply thatthe project include three components I Identify lots designated for residential use that were


constrained by zoning regulations The Residential Lands Study RLS considered physicalconstraints but did not consider cases where there wasconflict between the plan designationand zoning She provided an example ofland owned by Arlie and Co which was identifiedon Map 3 1 Attachment I page 19 ofthe agenda packet The City should examine theextent this problem existed within the UGB and make a judgment which way it should go 2Design a strategy to resolve planzoneconflicts to ensure that residentially designated siteswere actually available for residential development Typically cities had land that was waitingfor the right moment to be rezoned In cases where land waszoned for agricultural use therewas minimal risk they would close the opportunity oflater development and 3

Acknowledge work completed on the Jasper Natron Plan and implement proposed changes inplan designation and zoning The Jasper Natron area represented the largest UGB areaoutside a city in the State ofOregon al1d was a significant growth area for the communityArlie had invested in Springfield in anticipation that they would continue to embrace thecreation ofa dynamic mixed use area at a future key intersection ofthe Bob Straub ParkwayTheir fifteen acre site was identified for amix ofcommercial and high density residentialuses She did not testify when the figures showed a larger deficiency in high densityresidential but felt with the new figures it was important to speak She encouraged theCouncil to design strategies that considered ways to address the deficiencies in the buildablelands inventory taking into account the Jasper Natron plan She thanked the Mayor andCouncil for the opportunity to provide comments on the revised draft RLS and said Arlie andCo looked forward to continuing to invest in the future of Springfield


Mayor Leiken reminded the audience the reason the City worked on HB3337 was to have ourown UGB This was Springfield s destiny The City was putting together our own residentiallands study and werealso working on our commercial and industrialland CIBL study The Citystaff and the consultant caught a mistake and it was important that the City was legal in thismatter Mr Farthing had asked if the City had talked with DLCD Staffhad talked with DLCDthroughout this process and wanted to make sure we were legal This Council had donesomething that was one ofthe most important pieces this City would see in the years to come

Springfield wasnow in charge ofour own destiny we could receive public input and make ourown decision The CIBL study was yet to come There was disappointment when he learned ofthe change in figures but there would be periodic review as the City moved forward with thisprocess This was the first study on our own without Eugene A mistake was made and was

caught He appreciated the comments from Mr Farthing who represented a client that was

important to the community Looking ahead to the future he felt this Council made the rightdecision on HB3337

Councilor Ralston spoke regarding Ms Bishow s comments and asked how the 15 acres shereferred to in Jasper Natron was inventoried in this study since they werezoned incorrectly

Ms Pauly said that example was known as plan zoneconflict The inventorywas based on theMetro Plan designation Ifsomeone wanted to do a development and they had a plan zoneconflict they would come before the Planning Commission to request an amendment to thezoning The City offered City sponsored zone changes three times a year Staff was conductinganalysis ofplan zone conflicts and met with the Planning Commission on this issue last weekwhere they received approval to go ahead and try to resolve plan zone conflicts in the City as partofthe 2030 Refinement Plan process Those would be coming to Council at that time


Councilor Wylie said she had a few concerns The figures were radically different than what hadbeen presented previously Itmade her nervous to approve this so quickly and she had doubtsabout the changes There hadn tbeen time to digest the changes She asked what would happen ifthis was not done by the end ofDecember

Mr Johnson said it had been good to work with Springfield staff and staff from DLCD No onehad a handle on how this was supposed to work together They weredealing with a new statuteand case law Something needed to be done by December 2009 yet it was only a benchmark nota fmalland use decision The City was obligated to continue to consider additional information asit came in to the City Eugene would accept a draft at this point and try to get to the same point asSpringfield byApril 20 1 o The fmal decision would not be done until the City and Countyadopted the fmal UGB Based on the statute and advice from the DLCD and LUBA decisionsthis decision and determination before Council tonight was one that put the City in the position tomove into the next phase but would remain an open decision until the final decision on the UGBHe felt it was important to take this action because the legislature gave the cities deadlines Bothcities weremeeting those deadlines in different ways Because the statue wasadopted both citieshad done a lot ofupdating that might not have otherwise been done The Citywas at a pointwhere they could plan knowing the real issues Springfield had chosen to move a little faster inthe process Eugene hadn t held any public hearings but may have those between now and AprilSpringfield was the beneficiaries because they had started that process and also felt some adverseconsequences from going forward

Mr Johnson reassured the Mayor and Council and Mr Farthing that in making a decisiontonight the Council wasnot closing any doors This decision would not be reviewable by theDLCD or LUBA as a final decision at this point The fact that there wasa deficit in one ofthecategories allowed them to move forward to the next phase He referred to the reference to that inhis memo They had been told that when they moved into that next phase the City wouldcontinue to review all aspects oftheir earlier phases including population projections accordingto DLCD Tonight s resolution had been revised by removing language that could appear thattheir decision was a fmal decision He hoped the City would create opportunities for the hearingto be re opened and continue to accept information Staffhoped to get more informationregarding all the figures in the study such as those pertaining to slopes and parks There weredifferent ways to approach this and Eugene had used a different set ofcriteria than SpringfieldThe City ofEugene was scheduled to accept their draft on Wednesday December 9

Councilor Wylie said that was good information and made hermore comfortable in votingtonight She would like some assurances that the figures werechecked and rechecked before thisprocess was complete

Mr Johnson said Council could give staff a time to get back to them with confIrmation that theyhad revisited the figures Eugene was looking at doing that by April and Springfield could do thesame

Councilor Pishioneri asked if their decision tonight would be against State statute He wasnotcomfortable voting on something that went against State statute

Mr Johnson said adopting this as a provisional document was only stating that they wereadopting this as a provisional determination and wasnot contrary to State law


Councilor Simmons said not adopting this could allow action to be taken ifthe City didn tmeet

the deadline Taking action tonight met the statutory requirements Ifthey didn t there could be

consequences

Mr Johnson said he was trying to avoid asking and answering questions that werenot known He

doubted that missing the deadline would mean Springfield could no longer go for their own UGB

He referred to SB 1 00 and the time it took to put those requirements in place In that case the

determination from the Attorney General was that the deadline was directory rather than

mandatory He felt that wasprobably the case with HB3337 He couldn tsay what a court would

say regarding consequences ofnot taking action because the statue didn tsay

Councilor Wylie said herunderstanding wasthat ifthe Council passed this the City could move

ahead with some ofthe other things that come next It still stayed open arid Council could requesta complete review of this in April They could change it if they had to and that was importantShe didn twant to act on something that was incorrect Changes could be made later on if theyapproved this tonight and the City stayed in compliance to move ahead

Mr Johnson said that was his underst mding as well The City was free to re open the hearing at

any time and he hoped citizens would take advantage ofthat window

Mayor Leiken said he wanted staff to continue to communicate with the citizen advisorycommittee CAC There was a great core group ofpeople from all walks oflife that served on

that CAC and he didn t want to disappoint people so they wouldn twant to volunteer in the

future He asked staffto keep the CAC up to speed on what happened what the next steps were

and why the Council voted on this tonight He wanted the CAC members to know there was some

flexibility involved It was important for them to hear that

IT WAS MOVED BY COUNCILOR RALSTON WITHA SECOND BY COUNCILORLUNDBERG TO ADOPT THE ALTERNATE VERION OF RESOLUTION NO 09 54

THE MOTION PASSED WITHA VOTE OF 6FOR AND 0AGAINST

BUSINESS FROM THE AUDIENCE

1 Steve Hoffinan 925 G Street Springfield OR Mr Hoffinan said he was here on behalfofLane Forest Products Lane Forest Products was interested in developing land they purchasedin Springfield adjacent to their 42nd Street property He understood the topic offees had been

discussed during Council s work session but he was not able to attend that meeting LaneForest Products hired Olson and Morris to submit a tentative site review The total for thatreview was going to be 49 597 Mr Hoffman s original inclination was that this figure was

incorrect He called the City and was told Springfield was an expensive place to develop Hewas disappointed with that response Lane Forest Products had done a lot ofwork on this site

including an LDAP review in 2004 and two bioswales They wanted to asphalt the propertyand put in an office so they could provide more products and services to Springfield Theywerea local business and the costs made it very difficult for their business To do the same

project in Eugene the cost would be less than 5000 He asked that the City didn tjustifytheir position but tryto bring these costs and fees to a reasonable amount Based on

conversations he had prior to the Council meeting it sounded like Council was activelyworking on this and that was appreciated


Page II

COUNCIL RESPONSE

CORRESPONDENCE AND PETITIONS

1 Correspondence from Lori Ellington Springfield Oregon Regarding the Local ImprovementDistrict LID off Cherokee Drive

IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILORLUNDBERG TO ACCEPT THE CORRESPONDENCE FOR FILING THE MOTIONPASSED Wn H A VOTE OF 6FOR AND 0 AGAINST

Mayor Leiken commentedthat it was a very nice letter

BIDS

ORDINANCES

BUSINESS FROM THE CITY COUNCIL

1 Committee Appointments

a Community Development Advisory Committee CDAC Appointment

Planning Supervisor Linda Pauly presented the staff report on this item on behalfofHousingManager Kevin Ko There were three vacant positions on the CDAC The vacancies were theresult of term expirations ofAndrea Ash Erin Lynch and Gerald Strebendt At theNovember 23 2009 work session Council reviewed three applications and recommended allthree applicants to fill the CDAC vacancies

The CDAC consisted ofsix at large positions from the community one representative fromthe City Council and one representative from the Planning Commission The CDAC advisedthe City Council on all matters related to the City s housing and community developmentactivities which were funded annually by Community Development Block Grant CDBGand HOME Investment Partnership Program HOME funds received from HUDApplications were encouraged from lower income earners residents oflower incomeneighborhoods racial and ethnic minorities senior citizens disabled individuals and femaleheads ofhouseholds All applicants must live within the city limits or urban growthboundary ofSpringfield

All vacancies were for at large positions which would expire on December 31 2013 Threeapplications were received for consideration and recommended for appointment by theCouncil on November 23 2009 Staffwas requesting that Council appoint Tim Vohs HadeeSabzalian and Michael Heckard to the CDAC

IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILORLUNDBERG TO APPOINT TIM VOHS HADEE SABZALIAN AND MICHAELHECKARD TO THE CDAC WITH TERMS TO EXPIRE DECEMBER 31 2013 THEMOTION PASSED WITH A VOTE OF 6FORAND 0AGAINST


2 Business from Council

a Committee Reports there werenone

b Other Business

I Mayor Leiken noted that a request had come forward from a citizen several weeksago asking that the Mayor and Council encourage state legislators to support an

Animal Friendly License Plate A formal vote wasneeded in order to submit theletter from the full Council to the state representatives

Councilor Ralston asked who would receive the letter

City Recorder Amy Sowa said it would be sent to Representative Terry Beyer andSenator Bill Morrisette

IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY

COUNCILOR LUNDBERG TO SEND THE LETTER TO

REPRESENTATIVE BEYER AND SENATOR MORRISETTE SUPPORTINGAN ANIMAL FRIENDLY LICENSE PLATE

Councilor Ralston said the letter just recommended that the representatives look at

creating a special license plate with funds helping with animal control

Ms Sowa said the example from the citizen was from Maine In that state the fundswereused for the State Welfare Program

THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST

BUSINESS FROM THE CITY MANAGER

1 Willamalane Park and Recreation District Willamette Middle Fork Path

RESOLUTION NO 09 55 A RESOLUTION AUTHORIZING AND DIRECTING THECITYMANAGER TO EXECUTE CERTAIN AGREEMENTS AND CERTAINDOCUMENTS CONVEYING CERTAIN PROPERTY INTERESTS OVER PROPERTYOWNED BY THE CITY OF SPRINGFIELD TO WILLAMALANE PARK ANDRECREATION DISTRICT TO FACILITATE CONSTRUCTION OF THE WILLAMETTEMIDDLE FORK PATH AND SETTING AN EFFECTIVE DATE

Assistant Public Works Director Len Goodwin presented the staff report on this item InMay2009 Willamalane Park and Recreation District staff met with Council and provided an updateon the Middle Fork Path Willamalane Park and Recreation District had requested that the Citygrant certain property rights necessary to facilitate construction ofthe Willamette Middle ForkPath


City staff and Willamalane staff worked together to develop easements and modifications to the

Management Agreement for the Georgia Pacific GP property to assure that the Middle ForkPath could go forward and complement the City s Mill Race ecosystem restoration project Thiscooperation extended to combining the work tasks where appropriate and allowing for use ofthetemporary construction road put in place for the Mill Race project to form the base for the MiddleFork Path Staff requested that Council authorize the City Manager to execute the documents to

grant the necessary rights The documents wereattached to the Draft Resolution and included an

Intergovernmental Agreement IGA between Willamalane and the City concerning constructionmaintenance and use ofthe path including use by the City to maintain the MillRace and an

amendment to the IGA between the City Willamalane and the Springfield Utility Boardgoverning the management ofthe property jointly acquired from Georgia Pacific Company In

addition to those agreements there were two sets ofeasements one covering the Georgia Pacific

parcel and a second set covering the three parcels owned by the City through which the pathwould pass Each set ofeasements included both a temporary construction easement that was

roughly 40 feet wide and a 20 foot wide permanent easement All ofthe documents werecraftedto insure that the Path could be operated consistent with the City s obligations to preserve theMill Race and included provisions to assure that the Ramsey property adjacent to the Mill Racewas protected Staffenthusiastically supported this project and supported Council granting the

necessary rights to Willamalane by authorizing the City Manager to sign the relevant documentsas they are finalized

Mr Goodwin referred to Attachment 3 page 1 which showed a map ofthe path He referred to

Attachment 2 Exhibit 3 page 5 which was a drawing that showed the best representation ofallproperties involved He explained the properties

Councilor Simmons said this was a good comprehensive piece ofwork He did note that it was

missing the law enforcement and public safety component for the path and riverpark He was

concerned about public safety gaining access and how they planned on patrolling the area Theyneeded to look at how they would have that presence as there were a lot oftransients that livedalong that area on the river He hoped something could be put together for the future

Mr Goodwin said the path was designed to permit emergency vehicles at two locations

Councilor Simmons said he understood the physical ability but wanted to know about how theywould be providing the service

Mr Goodwin said it was in Lane County s jurisdiction and that ofLane Rural Fire DistrictWillamalane had been working with the Sheriff s office regarding patrol but he was not sure therole ofthe City regarding public safety Willamalane had been and would continue thatconversation

IT WAS MOVED BY COUNCILOR RALSTON WITH A SECOND BY COUNCILORLUNDBERG TO ADOPT RESOLUTION NO 09 55 THE MOTION PASSED WITHAVOTE OF 6 FOR AND 0 AGAINST

BUSINESS FROM THE CITYATTORNEY

City ofSpringfieldCouncil Regular Meeting Minutes

December 7 2009

ADJOURNMENT

The meeting was adjourned at approximately 8 14 p m

Minutes Recorder Amy Sowa

Attest

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