Springfield City Council — January 2, 2024

14:10 okay um if you can go without a monitor temporarily so the audience listening online can hear and then we'll fix it before or we'll attempt to fix it before the council we'll be good okay go okay okay so new ogek enforcement as I mentioned now they will have the authority to enforce all public meeting violations how a public meeting violation would come to oek is that let's say an organization has a public meeting if someone thinks that the rules for public meetings were not followed within 30 days of that meeting they have the opportunity to send something to they would send it to the city or whatever organization in writing and to

14:56 ogek we would have time to reply and respond we could cure the decision by having a new meeting we could resend the decision there's also a requirement where potentially you would have the organization would have to admit that they did not follow the public meeting laws and then there would be um also potentially civil fines could be uh assessed also by ogek the other part of the new enforcement is a new training requirement and so now organizations that have more than a million dollar budget the public officials now will need to do a training once per term provided by ogek it's sort of in the works still it will be my understanding is I think there will be a remote option but be similar to a webinar but it would

15:43 be a public meeting training I think this is a good way to get some consistency across the state for how public meetings are handled and then helps them with their enforcement if they're doing the training also so more to come on that but that would be a new training requirement for public officials once per turn so you'll see uh more information about that I think as they roll it out um before we go on to Tor claims act any questions about public meetings or any other stuff okay I think as we get more information about the ogek training that will get forwarded to you I'm sure that will be blasted out lots of ways but I'm picturing it kind of like your um SEI filing that you do the financial statement filing that it'll just be

16:28 another thing to add okay so the Oregon torque claims act this is a set of statutes that allows people to file lawsuits against the city for torts so it actually grows out of um British common law which was the idea that the king could do no wrong right so you're not going to Su the king because he's the king you're not going to be able to but that um idea of sovereign immunity has changed over time as government has changed and so now there are opportunities to sue the government for wrongs that the government does to you for these torts which I'll talk about in a minute but they're subject to certain limitations about notice and the amount of Damages that you will get and the Oregon Tor claims act applies to State claims um

17:16 and it's not every way that the city can have liability but it is a significant um issue here for the city for the types of claims that a local government I guess would deal with um a tort is a real law school term but it's a wrongful act or the infringement of a right so an assault a push um a um infringement of a right could be um like a due process right that you may have through the um Constitution um property damage through a car accident that's one that we deal with quite a bit so those are the kinds of claims that you'll see um officers and employees and agents who are acting in the scope of their job

18:02 so that includes councils it include volunteers it includes employees and it's when you're acting within the scope of your duties that you're covered under um that the city will indemnify and represent you the um uh let's see acting with the scope of your duties has a specific definition and it talks about a um look here so make sure I don't get it wrong no willful or wanting neglect of Duty which I know sounds overly legalistic but I do think is important to remember that while people are acting with the scope of their job they are covered under this and this is where we I also think it's important to think about you know this is why it's important to do trainings like this this

18:47 is why it's important to have good contracts employee expectations you know Performance Management all those things let people know what the expectations are about what their work is and then that limits liability or allows us to be covered under the tour claims act so something important the last bullet here is really the part that where Jamie has the most interaction and this is the idea that the city indemnifies and represents um when we have a Tor claim while somebody's acting within the scope of their employment so what that means is is we are members of City County insurance which you know that is the organization that represents most cities in Oregon and some counties it's an insurance pool so when we have a claim

19:33 you know the process is Jamie will notify CIS they assign an adjuster just like any other insurance claim that person um investigates she will assists with gathering information for them they may settle the claim if a lawsuit is filed they'll hire litigation Council so that would be a separate attorney who would handle that litigation moving forward lots of coordination on our part with those folks um but that's generally the process for um claims that includes the city as an organization and then also individuals if they're named in the lawsuit which you'll often see in a caption a lawsuit caption it would be like City of Springfield and then often high level officials will be named as well so that's part of the information

20:19 about the Oregon torque claims act these are the limitations on the Tor claims act that are a little bit unusual so there are some notice requirements and I think this is a part where we talk a lot about a torque claim notice you know you'll hear that term and I think people are like what is that so that is a written notice to the local government that a claim may be coming it needs to be specific enough so you know what the claim is for um wrongful death suits the limitation is it must be notified within a year of the incident for other claims it's six months you know a torque claim notice is really an opportunity for for an organization to figure out how do we remediate whatever if there was an issue also let's investigate Let's us

21:06 investigate and keep information to see if there is a claim but it is a requirement for organ Tor claims act claims the other issue with uh the organ Tor claims Act is that there are damage limits that are set by the state those are adjusted a year by CP every year by CPI so um those are the Lim ation on the damages someone could claim someone could get under these claims remember though there are and not to be a real Downer there's lots of ways we can be liable to other people so there are breaches of contract workers compensation other um areas where local governments like Springfield can deal with liability this is a big one for us because really you know property damage

21:52 car damage law enforcement claims is going to fall under a lot of this um but it's not the only way that we can be liable and then that connects back to our contracts and the insurance requirements in our contracts trying to make sure we're adequately covered so that's another area where Jamie does a lot of work and making sure that our requirements make sense sometimes we will adjust those depending on what they are what the services you might see like a you know Library performers not going to need to have the same contract as other people but um that's usually on a case-by Case basis

22:38 um also will often require other types of insurance on claim on contracts cyber security is a big one now really big issue right now um and then you'll see things like professional liability insurance as well for professionals any questions on the Oregon T claims act or anything related okay last slide uh packet has extra materials about ethics public meetings public records it's reference material there's uh links in there for where you can look for information on um these topics it's just really meant to be a reference for you to use in the future you can always contact my office and we can talk through these issues with you um the um also there's some background on

23:24 the information we discussed tonight two more items you'll see a link an email from my office with a link to a webinar for uh harassment and discrimination webinar training be approximately an hour it's provided by CIS we've done it before you should be able to follow those instructions if you have problems you can just you you can contact Linda for my office and she can walk you through it um two other things I think you'll see from us um for uh city council training in the next few months would be political activity of public employees it's getting to be election season so City manager's office always sends an email to all employees reminding them of the limitations of political activities while they're at work and I thought what I would do this

24:10 year is forward that to you with some more information that's specific to elected officials just so you can kind of see both sides of how that works from in terms of a liability and then the last thing is there was a case um at the Supreme Court about comments on social media websites or social media platforms and accounts of elected officials how they handle those and so once we get that decision we will bring that to you um and I think that's it last I just wanted to say thank you I know that um I always appreciate this opportunity to get to talk to you all about these issues and I think it's important that we do it on a regular basis and then just also welcoming Jamie to the city um I think she's going to be able to bring a lot of experience and um data and

24:57 information that's is going to really help us understand risk better and where we have liabilities and where we don't and where we can maybe take advantage of opportunities or look at things a little bit differently so I think we'll be good um that's all I have unless you have anything else anybody have questions Steve yeah the lady that's with you I did not write her name down so I apologize sure it's Jamie Jamie thank you uh do you have any additions or comments about what Mary Bridget said no I've uh been in the claims world for about 38 39 years and actually specializing in risk and Contracting Insurance purchasing and all that since 2004 uh for the City of Eugene for 18 years so um I know just about all there

25:44 is still about claims and Contracting and insurance so I'm really excited to to be here so gently learning yes exactly thank you all right um one set of questions I did have is could you uh mayor Bridget talk a little bit about serial meetings in the context of sometimes when we have big political when we have big policy issues we know that somebody's sort of going around and having coffee with everybody right so how do we approach that to avoid that sort of Serial meaning I think what I would be thinking about uh with those types of meetings so let's say someone's making the rounds yep so to speak um I'd be thinking about

26:31 the topics of what they're talking about I think it's you know and this is always your call but it's always okay to be like you know what we're not going to talk about that I'm happy to be here with you and talk about X Y and Z but this decisions coming before us in two months and you know we're not going to go there um I think I would avoid other follow-up conversation amongst yourselves um as particularly electronic conversation you know I coffee was so and so he's going to call you about so and so we're going to talk about so and so like avoid try and avoid that even emails or texts or any other communication that way and then I think in those conversations and I know this is hard but you know to try and avoid really um making clear what you think the council's position will be or what your position is if you still have more

27:18 deliberation to do like this is all you know this could be a I don't know if there's some way to kind of you know gracefully be like well that's something we'll talk about in our you know as when we all meet in our deliberations and thanks for the info um and then you can always bring that information to the meeting too um I think is also another good way to handle it so but I know that though I know that happens and you're you know it's not even coffee sometimes you just see somebody at Fred Meyer and they're you know W to talk about something so um I know that's how it goes for elected officials but sometimes I think relying on that the body makes the decision and you can't speak for the body until you're in the public meeting is a real nice way to say thanks for the info I don't know if that helps oh

28:03 anytime we talk about it it it helps right because it's a refresher on how to navigate those situations like one one thing I've used before is like don't if you're having conversations with multiple people is to just say don't share what I share with you yeah and don't share what like say hey so and so told me this like no no no you and I are just having a conversation here I think the other thing to um remember is you can talk to one another about how you approach your work on the council you know what I mean oh I answer emails this way or I do this or I like to try and do this that's okay that's not about items that are you're deliberating about so it's sort of like talking with a colleague about you know how they do their work that's totally fine to be like hey how do you approach these you know when someone ask you this kind of question what do you do totally fine it's good to kind of get other people's

28:48 perspective and other elected officials you know and the people on your own group are great people to talk to so all right any other question questions all right well thank you I think we feel trained thank you so much good you did check the marks all right and then I'm going to go ahead and turn us until 7 and then we will reconvene I'm going to call the Springfield City Council regular session to order with a roll call Mayor Van Gordon here councelor Weber here councelor Mo councel rodley here councelor Blackwell here councelor Doyle here and councelor pisher here thank you

29:34 please join me for the pledge of as we be as we begin our meeting tonight there are two designated times for public testimony this evening under public hearings and business from the audience if you are attending in person please complete the request to speak card located at the entrance of the council chambers and give to the city recorder if you're joining us online

30:19 with a tablet smartphone or computer and wish to speak of either of those times please raise your hand in Zoom the order of public testimony as f is as follows anyone in person in the council chambers and then anyone who's raised their hand in Zoom ne how many people are joining us online uh we have four attendees online at this point all right thank you first item first item is the consent calendar I move to approve the consent calendar second Neil could you call the vote please yes councelor Weber yes councelor Mo yes councel rodley yes councel Blackwell yes councel Doyle I and councel pisher yes thank you motion passes six

31:05 yeses zero NOS next item please uh next item is public hearings you have four public hearings this evening public hearing number one is request for metr plan diagram Amendment and zone change for 4.99 Acres of property located at the northeast corner of Gamefarm Road and Maple Island Road this is ordinance number one ordinance amending the Eugene Springfield metropolitan area General plan or the metro plan diagram by redesignating approximately 4.99 acres of land from campus industrial CI to commercial sea concurrently amending the Gateway refinement plan diagram by redesignating the same 4.99 acres of land from campus industrial C to community commercial CC concurrently amending the Springfield zoning map by rezoning the same 4.99 acres of land

31:50 from campus industrial CI to Medical Services Ms adopting a severability clause and providing an effective date Andy lbert is here for this item thank you good evening Council um this request for metrop plan Amendment and zone change affects a portion of Peace Health property uh which is located in the North Gateway area of Springfield um I've got a map up for for context and hopefully be able to advance it um most of the site is what I staff would term A Relic filt Orchard um the area immediately to the east East is the former Sony plant uh which is now the peace health Laboratories also known as the peace health Riverbend Annex and this site um is an area that

32:38 is not developed not previously developed within the campus industrial zoning a little bit of context the area um to the east as I mentioned was the original Sony site the area immediately to the west across Maple Island Road was previously semantic it has now been taken over um at least partially by some Pacific Source administrative offices another notable early Callum early colonizer of the campus Industrial Area uh was Royal Caribbean and unfortunately also has Departed the area so a number of the large early developers and site occupiers um in the campus industrial district uh have left there's been transition to new and increasingly

33:25 healthcare related or tangentially related uh Industries there is not provision for healthc care uh medical lab or medical uh clinics doctor's offices hospitals listed in the campus industrial district so by necessity the applicant has proposed to change the zoning on the site to Medical Services that does provide a relatively narrow range of uses on the site including hospitals but it does require an underlying commercial designation so that's the reason for the comprehensive plan Amendment and zone change is to change the under underlying designation from campus industrial to

34:10 commercial allowing for the zone change staff advises that this is the first of what might be multiple inquiries um about healthcare related uses in the campus industrial district the applicant has sought this site specific redesignation and resoning as the most uh expeditious way the most efficient way that they saw for to move forward uh with their plans currently um there may be other uh requests that Council May face either through staff or uh directly uh for other adjustments to to the district so this site uh adjoins the um Pacific Source property to the to the West um immediately to the southeast although not shown currently on these

34:56 air photos um is the Esther assisted living facility so um a lot of the properties in this area have been developed um with um Assisted Living Health Care there's a Memory Care Facility as well so there's a been an evolution in this area and in the immediate vicinity towards healthcare related and other other related uses So currently the site is on the metrop plan diagram at least is uh part of the campus industrial zoning which is kind of shown in very general layout on this map the applicant is proposing to change the designation to commercial as noted in the pink dot there essentially on the map um the zoning map would be changed from its current campus industrial zoning which is also shown in the Gateway refinement plan um to

35:44 commercial designation and finally uh changing the zoning from from its current campus industrial on the Springfield zoning map to uh medical services staff is recommending commending extending the zoning boundaries along the perimeter so that there are not any residual campus industrial Zone slivers along either deadmond Ferry Road or Maple Island Road so extending the southern boundary right to um the southern edge of the public rideway and then using the midpoint of Maple Island Road as the western boundary so that if there are future changes to designation and Zoning um these boundaries will align and there won't be any little any little gaps or orphan pieces left

36:30 behind so that comprises the the application request the applicant has provided a conceptual development plan for rehabilitation hospital um this is not the same as the peace health uh at the Sacred Heart Medical Center at Riverbend has emergency services and Trauma care helicopter you know air air ambulance um inbound ambulances and that sort of thing there were some expressions of concern you do have in your packet from some comments uh from from adjacent residents about noise and traffic um I guess inevitably as sites develop in this area there's it's not fully developed in this area of Springfield there will be increases in traffic uh however this is not the type of hospital where there's going to be ambulances lights and siren uh coming to

37:15 drop off patients at all hours of the night so um that should I guess mitigate concerns about about noise uh specifically with ambulances and Sirens um again this would be a land use action um that would be further to council's review this evening site plan review would be required so be additional opportunities for adjacent residents Property Owners to review the specific plans and then comment on those as well so the request before you this evening is for the comprehensive plan Amendment zone change and I'd be happy to answer any questions I know that the applicant also has has a presentation this evening as well chill thanks Andy I appreciate your thought process and being able to do some seamless changes down the road if need be it's well thought out a little

38:02 concerned about creating an island U of that that only designation in that area just it it seems contrary to what we have historically done um I'm not like opposed to it I'm just bringing that to your attention um and it's that if I correctly understood you the residents there are going to be the elderly type um this would be like a short stay uh Rehabilitation type hospital so not not a resal type correct yeah so for physical therapy for trauma you know traumatic brain injur injury recovery that sort of thing so I think the the applicant probably has a better um explanation of how the hospital would be um uh staffed and in the type of

38:47 patients that they'd be seeing but it would be for people to be staying there multiple days typically st's understanding is there anticipated increase of code 3 ambulance responses to there as far as something from surgery going sideways or are they well enough so to speak to where they're being rehabilitated and and on the the road to recovery as opposed to having some medical emergency um staff's understanding is that this would be transitional to actually being released back to you know your house essentially so it' be a period of time when there isn't a requirement for um critical care or um intensive care or anything like that so um I guess no more than any other typee of facility where an ambulance might respond um it should not generate any elevated um chance of

39:34 ambulance response thank you very much just I like it I mean as far as we need it it seems like we need that thank you Victoria thank you so much for the um presentation and I think um that there are situations like this where we do it sort of seems like it's an island but I think that as a community things change and and you know we we see an area and we think that it's going to be you know a campus industrial or E you know um different like that and then we realize that the the needs of our community have changed and and now that we're seeing a more medical Feld in that I would almost like to see that expanded by the by the city to where we're start we start inviting that because it looks like that's something that's um that could be a nice positive thing to take

40:20 the place of the stuff that we've lost if we start to see interest in that so um I'm I'm definitely supportive absolutely thank you Steve okay I was thinking the same thing U incremental zoning you know a little patch here a little patch there adding the add later on and I I'm not trying to scrip anybody's application by the way but by saying is there some way we can add to it easily now without some problems in in the future so that's all I guess in theory but um you know technically staff and and Council typically looks for property owner support and endorsement um they may not be at this stage necessarily where they're prepared

41:05 to make that type of commitment but it may be a path that is you know an initial path that peace health is um pioneering so to speak for others to follow or there may be other changes that could U be done through like a code um code amendments as well so there's there's a couple options out there to councel thank you all right I don't see any more questions so I'm going to go ahead and open the public hearing um I don't have any cards for this item but I'm assuming you're with P yes okay so when we're done if you can fill out a card for AJ that would be great and say State

42:09 your honor uh city council my name is Mike reer I'm an attorney uh with my Law Firm law law office of Mike reader in Eugene 375 West 4th Avenue Suite 205 I represent peace health in this application and uh I want to first thank uh you for uh hearing the this application in a public hearing tonight the Planning Commission has already heard this they've had a they've had a public hearing the Planning Commission voted unanimously to recommend approval of this application um staff has done a wonderful job in preparing this application for your uh consideration this evening the staff report is very thorough in both the plan Amendment application as well as the zone change application um I'm here to answer

42:54 questions that you may have but also uh with me tonight is the applicant Transportation engineer Kelly Sandow from Sandow engineering and uh also with us tonight in person is Grady Layman from peace health he's the director of development for peace health and he's here in the audience should you have any questions that I cannot answer and then also uh uh Alicia Beamer from uh peace health she's the chief administrative officer she was in person at the Planning Commission hearing unfortunately she wasn't able to be here in person tonight uh I believe she is online should you have any questions of uh of her um she may be

43:40 having trouble connecting I'm not sure if you can tell if she's online in any case if you have any questions she might be able to answer those as well but tonight I'm here to present this application uh the application for the plan Amendment zone change in this particular location was selected because for a variety of reasons one is it meets the city of Springfield's commercial industrial buildable lands policies for clustering of medical services so we have the advantage of having this location the property owner is also the applicant and the applicant owns the property which of course as we all know is close to the riverband campus so this is a great way to colocate met IAL

44:27 Services um in in uh contrast to other jurisdictions other states the state of Oregon does not have uh what we call spot zoning so concerns about Island uh designations or Island zoning is typically not a concern in the state of Oregon because we have comprehensive planning and our application uh that you have before you tonight goes through in detail how this application meets the criteria for approval for a plan Amendment Zone change so as an applicant meets the criteria for approval uh the concern about spot zoning is negated because there is a rational plan built into the plans the plan has criteria for approval and if and if an applicant can meet those

45:12 criteria for approval there's no concern about uh invalid uh spot zoning uh the proposal must be consistent with the Statewide planning goals we've demonstrated that we meet uh the consistency with the those uh Statewide planning goals in particular typically goal 12 is a concern goal 12 is the transportation goal and uh the Traffic Engineers report that is in the record and in your packet shows that uh the there will not be a significant effect on the transportation facilities and that's an important provision if as long as your application doesn't have a significant effect on Transportation facilities or if the applicant can

45:57 propose mitigation measures for those significant effects then the applicant meets the goal goal 12 planning Rule and the go and go 12 requirements um guess I can quickly go through here much of this is in your pack well all of this is in your packet um so I'm just going to quickly uh there's an aerial uh provided by the applicant showing uh as staff indicated that we have a historic filbert Orchard that is underutilized um I think what might be important to understand is that the the city has an inventory for land and we methodically went through to make

46:42 sure that we weren't uh doing something that was in violation of the city's long range planning and we found that the this site this site needed about 5 acres and uh other than the river riverband campus itself there were no other 5 Acre Properties that would fit this designation so I believe that this is a an efficient way to use underutilized land that's already developed um and to do so it it releases it reduces any pressure that uh might be had on the urban growth boundary there's no mandatory metrop plan policies that are applicable to this application and there's at as this property is fully within a developed area there are sufficient Urban level

47:28 services for this property these are just some photos of the surrounding area that staff has already discussed and with that um I will uh close my comments and let the council ask any questions that you may have I think we're good thank you so much for coming and presenting yeah oh Steve I can't help but look at that photograph and see that property to the north there would be a I don't want to screw things up by the way a good addition to medical use in the future that's all thank you thank you I don't have any other cards for this item Neil do we have anybody raised their hand wanting to speak to this item

48:14 uh no hands for this item I'm going to go ahead and close the public hearing this is a first reading only no action required next item please the next item is public hearing number two that's annexation of territory to the City of Springfield Annex approximately 25.2 Acres of industrial property located at 5230 High Banks road map 17- 02- 28- tax slot 402 and a portion of tax slot 405 again this is ordinance number two an ordinance annexing certain territories vacant Parcels addresses 5230 High Banks Road and identified as assessors map 17- 02- 28- tax Slot 4 402 on a portion of tax slot 405 to the City of Springfield and waman Park and

48:59 Recreation District adopting a severability clause and providing an effective date and Andy lbert is here for this item thank you um this is the first of three consecutive annexation actions that staff is requesting of the council um Council may recall that the public hearings for all three were held open uh two of the requests for annexation had outstanding issues uh that needed to be addressed between staff and applicant and so continuing the public hearing allowed for introduction of any new information into the council packet what you have in your packet this evening is the annexation agreement that was negotiated between City staff specifically um the city attorney's office and Engineering staff

49:45 and the applicants legal counsel um I can report that this morning we received the signed version from the applicant it didn't make it into the council packet it has been delivered for the city manager's signature uh so there is agreement um between the city and the applicant uh for the annexation agreement in this case it was specifically related to the unusual location of this property relative to existing storm water services within the city uh they do not extend this far north along 52nd Street and in the event that public drainage is required for this property at some point um Beyond what the applicant can provide on the property themselves um there would need

50:30 to be some arrangements made for extension of public storm water uh to the site um that was the outstanding issue that staff and the applicant discussed at some length and there were Provisions included in the annexation agreement for conting contingencies excuse me uh for storm water service uh so that is the nature of the changes that were made um it was the annexation agreement specifically there were no further comments that were provided uh by the public uh during the time of the continued public hearing so staff has recommending um closure of public hearing and then Council action all right thank you um I do have one card for this item Sean

51:22 Highland hello thank you I am Sean Highland reside at 2100 Hayden Bridge Road Springfield um I'll be brief um mostly just wanted to speak about fees different fees um just thank you for reacting to the annexation fee issue I brought up I don't know year ago or whatever it was you know it was going to be $773,000 is now a little over $9,200 so much appreciated with that it does help and not just me I know it help other people to get more things happening here um unfortunately my next step is I have to do a metr plan Amendment now um and that fee is a very large fee it's a $52,000 fee um I don't totally understand all the planning exactly but it's about the same amount

52:07 of work as what we have to do on this annexation portion so I know that there's been a study done on the fees and um last I was told is potentially July that the fees will be adjusted so I'm basically just asking for something quicker maybe you guys do something temporary and then figure out a way to then you know true up when they're you actually figure out what they are but I don't want to be on hold with my project um it's a pretty simple project just going to store some RVs you know needed in Springfield there's not much out there um so yeah that's that's pretty much all I wanted to say um like I said appreciate the get the indexation through and uh I said the metro plan is the next piece of the puzzle for me I just you like you guys to look at those

52:52 planning fees thanks thank you do I have any other cards for this item Neil is there anybody online raising their hand no hands for this item I'm G to go ahead and close the public hearing i' like to make a motion to adopt ordinance number two second Neil could you call the role please yes councelor Weber yes councelor MO yes councel rodley yes councelor Blackwell yes councelor Doyle I and councelor pisher yes thank you motion passes six yeses zero NOS next item please next

53:37 item is your third public hearing this is annexation of territory to the City of Springfield Annex approximately 4.42 Acres of residential property located at 95466 Street that's map 17- 02- 27- tax slot 20002 this is ordinance number number three an ordinance annexing certain territories vacant parcel addressed as 95466 Street and identified as assessors map 17- 02- 27-0 tax slot 20002 to the City of Springfield and willan Park and Recreation District withdrawing the same territory from the Mackenzie fire and rescue District adopting a severability clause and providing an effective date and Andy lbert is here for this item thank you uh this is the second um

54:24 annexation request that was um provided uh continuance by the city council uh again it was due to an outstanding issue that needed be resolved in this case between City staff and Springfield Utility Board um at issue was the provision of sanitary sewer service to this property there is available uh residential grade sanitary sewer service the planned facility on the site would discharge potentially discharge uh far more than what was anticip ipated as far as the sanitary silver discharge into the residential uh sized sewer pipe um and so Springfield Utility Board um looked at a number of um options and

55:12 scenarios for dealing with that quantity of would be processed water essentially for for a water treatment plant uh but there's a large volume of water that contains um Trace um Organics and chemicals that are used in the in the water filtration process so they need to be discharged into the sanitary sewer system and at present there is not the capacity um at the property line uh for that type of um discharge uh so the provisions in the annexation agreement that's included in your packet look at uh the necessity for Springfield Utility Board to look at capacity Downstream and if if necessary build in additional capacity to their site uh for discharge

55:59 of the water in the future when the treatment plant develops so that is the request before you this evening and i' be happy to answer any questions there were no additional um public comments made um during the continued public hearing okay um so I don't have any cards for this item the public hearing is still open is there anybody online that wants to speak to this item I see no hands for this item just one second all right I'm going to close the public hearing Victoria I I'm just trying to understand so you're talking about putting storm water in the sewer in the in the Wastewater sewer it would be it would be water used in the um production of treat of drinking water

56:45 um so there would be water that's used um in the in the process of of introd introducing portable water from the well fields that are nearby into the Springfield drinking water system but there is um residual water that would need to be discharged into the sewer system because it's not clean for um storm water discharge H okay thank you Joe so I'd be interested to see um where mwmc stands in regards to its capacity and how it may affect its neid permit or if there's going to be an effect there I don't know what kind of materials may be in that water but I would I would certainly like to hear what mwmc where their position

57:31 is on this and if mwmc itself can handle that type of of increase so my understanding after I guess informally discussing it with the mwmc general manager um their concern is not um about accom accommodating that amount of of flow um there may need to be some upgrades to pump stations along the way or additional pipe sizing to reach the site um but they are able to handle it um at the plant um so it's the transfers as as I understand it this transfer point is near the Aspen Street boat state boat launch um where it becomes mwmc and so um getting it to that point um City staff and sub want to

58:16 ensure that there's capacity to reach that point and beyond that point with the pump systems that are in place um they can accommodate um any flow that would be generated by this facility okay well I'm sure there'll be more conversations down the road in regards to that because of that and again there were they did provide a number of scenarios that they Wen able to to finalize a specific um quantity because they're still in the design phase so when the application comes in and there's more details known that's when they need to to satisfy um the sanitary sewer capacity um criteria that staff will be looking at and mwc would be involved at that point as well because they' be narrowing the sideboards on um the exact quantity or

59:02 volume of of flows and the timing of those flows as well right then and you haven't heard anything negative back in regards to the potential content correct yeah it's it's it's not it is something that could I guess in theory be treated um through on-site uh infiltration but just the site is not large enough for that oh okay um and so that's it's be extra you know volume in the sewage system but not not um hazardous in any way yeah it be interested to see how we follow that track that thank you all right any other questions Steve I do U I sort of look at it as the water comes in and the bad stuff's filtered out and and good good stuff goes on and

59:48 I guess the amount we're talking about is the amount that's filtered out and you mentioned infiltration as a possibility that's very interesting but I think the volume that goes into the sewer system is the other question y that's correct you're on like to make a motion to adopt ordinance number three second Neil can you call the vote please yes councelor Weber yes councelor moo yes councelor rodley yes councilor Blackwell yes councel Doyle I and councelor pisher yes thank you motion passes six yeses no next item please next item is your fourth public hearing it's an annexation of territory to the City of Springfield Annex approximately 0.86 Acres of

1:00:33 residential property located at 1010 Kinsley Avenue map 18- 02-06 d24 tax slot 3800 and can currently Annex an AB budding 45 ft wide by approximately 213 foot long segment of Kinsley Avenue public RightWay again this is ordinance number four an ordinance annexing certain territories residential partiel addressed as 1010 Kinsley Avenue and identified as assessors map 18- 02-

1:01:26 06-24-18 actually it was um continued along with the other two requests in this case uh staff advises that the annexation agreement was previously signed by the applicant um they were seeking a plumbing permit to connect the existing house to sanitary Steward which exists now that the Mountainville subdivision was constructed uh so this is essentially um more or less a formality of concluding the public hearing there was no additional input or need to resolve any outstanding issues um it during the time of the continued public hearing uh nor were there any um additional public comments received so um this is before you for I guess decision time right now all right the public hearing is still open I don't have any cards for this item do we have anybody online raising their hand to speak no hands online for this item I'm

1:02:12 going to close the public hearing I'd like to make a motion to adopt ordinance number fourth second Neil could you call the vote please yes councelor Weber yes councelor Mo yes Council rodley yes councel Blackwell yes councel Doyle I and councel pisher yes thank you motion passes six yeses zero NOS next item please next item is business from the audience all right we've got quite a few folks in the uh in the audience that want to speak so I will call you guys up the first one is Dustin mclusky uh could you state your name for the record and you have three minutes to speak

1:03:00 hang on Dustin there you go good evening Dustin mclusky I'm here as a resident and board member of the mountain gate lot Owners Association I'm here to bring your awareness to an issue that we've been trying to solve through engagement with the city and Springfield Utility Board for the past year Jessica Drive is a short unoccupied Dead End Street in thirston at the top of 66th place the second page of your handout has a good overhead shot of it it is shielded from View and is used for drug use illegal dumping partying and a staging area for vehicles that race dangerously down the hill in 2022 and you can see on that overhead shot the homes in in various stages of construction that 66th court is the the culdesac there and then 66th

1:03:47 Place coming up uh homes were built within hundreds of feet of Jessica drive and then throughout 22 and 23 three this has been a major safety and quality of life detriment for members of our community we've engaged with sub in the City of Springfield for the past year and everyone we've engaged with agrees um that this is an important issue and to FastTrack the creation of the gate uh below Jessica Drive sub had originally submitted a permit packet to create a gate in September 21 anticipating these issues it was initially improved but was later denied um in May of 23 the city expressed the city funds would not be used to create the gate after much discussion sub agreed to pay for the engineering construction of the gate and met with our organization to select the location sub was told that a right of

1:04:34 use agreement would be necessary to construct the gate so the city would be able to have the gate removed if uh more development happened at a later date uh this summer engineered drawings were submitted uh in September it was reviewed by the City attorney and instead uh it was determined that an IGA was needed instead of an roou um which kind of you know delayed the process moved into a new phase about a month ago sub received the IG proposed by the city and after reviewing it I believe on December 22nd they uh withdrew their intention to enter into an IGA with the city or build the gate um and that's really what got us to come to you guys we kind of thought we were on a Glide path to the finish line and then and then that disruption occurred um so this gate is urgently needed to keep our neighborhood

1:05:20 clean and safe and we're asking uh that you Mr Mayor and and you council members um exercise your leadership to help this gate become a reality and push it through the Finish Line uh I've emailed the timeline of events and other supporting documents please reach out if additional information is needed and thank you very much for your time thank you uh Gary hunt and then after that's going to be Bob Anderson I'm Gary hunt uh uh I'm also the president of the mountain gate uh lot Owners Association but more importantly I'm a resident of the mountain gay community that lives very close to where most of these things are

1:06:07 occurring I've spent um on several occasions time going up and chasing uh persons from the area that were uh partying up there um I found homeless persons that were living up there chased them away uh and tried to help out my neighbors uh by telling them to never go up there alone like I had but rather to give me a call and try to join in I'm very concerned that you know these confrontations I've lived up there now two years I just moved here from the state of Washington and uh it has definitely become more of a problem uh than it has been when I first uh came down here and started construction of

1:06:53 our home so I am concerned that uh there's a potential for something more serious to occur uh The Dumping of garbage is obviously it's raw garbage uh and uh we don't want to develop you know a pest problem um by having it up there the city uh and uh the police department have been very helpful to us they've always responded in a kind way and cleaned up the area although we've taken it on ourselves on a couple of occasions to clean the area as well so I hope you'll uh use your positions and your uh abilities to help us get this accomplished it has been a considerable length of time I don't know that the expense is huge uh but U we would

1:07:39 certainly appreciate your assistance thank you thank you Bob Anderson good evening I'm I'm Bob Anderson I live on uh six South 66 Court which is right uh in the same area where the gate's going to be and it's it's in within visual distance of my front uh porch but uh a lot has been said about you know trash and um drug use uh when people think of drug use they think of things like this well I'd like to Focus things my

1:08:25 wife and I went up there yesterday afternoon all right there's not props allowed oh well so okay you can go thank you though me just say then that there are not just that canister there were two canisters of that size plus an additional canister so we're dealing here with hardcore drug use and I'd like you to think of people high on that stuff driving down through the community because there's only three exits out of that whole area there's uh South 67th

1:09:12 going down to Maine there's going over the Forest Ridge to Mountain Gate which goes to Maine on the right or to Bob stra on the left that means the people high on that stuff are driving their cars down through the community and virtually everybody in that whole Community drives those streets walks those streets walks their dogs um so everybody in the community not just us at the very top I would hope that uh when you consider this you focus in on that as an important consideration and work with us to uh begin to solve

1:09:58 the problem thank you very much thank you Mike Hoskin hi Mike Hoskin we live on 66th Court mayor distinguished members of the council thank you for your time we moved in March of 20202 to the Springfield area in Mountain Gate love it very much it it is a little piece of paradise we have a great views up there super nice neighbors all of many of whom came up here my back door is about 100 feet from the drug location the only person closer is Rick who's going to speak to after me we moved in March the first nice day was first second week in April of 20122 on my porch having coffee the two cars out front before Bob and Patty's house was

1:10:44 built Overlook the valley beautiful view I don't know what the kids were doing in the car I don't really care because they didn't bother me I didn't bother them sun came up they drove off no problem next day and several days after that kids in cars doing what kids do again quite honestly I don't have an issue they're smoking pot make whatever they're doing is they're not bothering us they're fine what happened though as the development happened and more houses were built and the fine folks in in the room here moved in the crowd moved around the corner up to Jessica Drive where it's more secluded the views aren't quite as good but it's more seclusion and with that brought different types of activity which Bob did mention I didn't care again whatever they were doing making out smoking pot fine but my wife and I we walk four to

1:11:29 six times a week um we we're retired thought this would be our retirement home and we found again there's no props allowed but drug paraphernalia a mattress someone dumped a mattress up there called the city council you guys have been great you do a great job by the way because this is a great great town we love it here um and the police come out during the day I'm not sure why the patrol came out during the day because nothing happens till after dark but they tried to do their part and the trash crew cleaned cleaned things up but multiple times over the next several weeks and about six to seven times we've noticed similar let's call it paraphernalia drug related but again trash and and mattresses and clothes and you guys can figure out what's what's there we asked for a barrier we're told

1:12:14 by HOA leadership which is led by Dustin and Gary that amazingly sub agreed to pay for the barrier it's just a matter of paperwork which is I know can be it's necessary but frustrating for us now we hear that that's on hold and there may be some problems with getting that approved so what I do is I'm here to respectfully request you guys to please give it some thought and think about what would you do we've got four grandkids who are of three of the four are of bike riding age one of whom is of hiking age there's no way that we say when they're going to tell us hey we'll be out front with our bikes and thinking they're going to drive up that way and see what they're going to see or encounter who they're going to encounter what would you guys do if you lived in that neighborhood it's all I'm asking you to consider thanks for your time thank you Julie

1:13:12 Rick my name is Rick wz and I thank you all for being here tonight and hearing us out my wife and I moved over to 993 South 66 Court uh couple almost a couple years ago we loved our home our home up on moon mountain and we found the exact same home over on 66 court and we moved there because we wanted out of Eugene for exactly these same problems twice on moon Mountain we had police show up at our front door and say do not come outside we are searching for somebody and they had Dr drones flying overhead and we said that's it we've had it and Julie said Rick I'm moving out of here with or without you so we bought

1:13:59 this home up on 66 court and we weren't there very long and then the party in started and all the activities and it starts at 11:00 at night and it goes till 2 a.m. and a car will drive up and then other cars will go up get their product and they leave and we started calling it the drugstore and shortly thereafter we had no firearms we have many firearms in the house now and every single one of them are loaded and I don't like living like that I shouldn't have to have a loaded shotgun sitting in my house but that's the way we feel about it we're at the point now in January it'll be well this

1:14:45 month it'll be two years and we're looking at selling and moving because we've had it we we had it in Eugene and the same thing's happening again I just ask that somebody do something large or small just something's done we originally asked for uh concrete barricades put up on Jessica to stop the people from going up there and then it evolved into a gate that's fine probably better but now I understand that may not be taking place we just want to know that somebody is trying and somebody is offering up some some kind of solution to correct the

1:15:30 problem up there sending the Springfield Police Department up there during the day isn't doing it maybe at night it would make a difference it's a lot more complex than I understand I'm just asking that you guys really take it to heart because we're all really stressing out up there and it's creepy when you're trying to sleep and you hear cars coming and going and music and partying and all kinds of stuff it's it's it's tough and I appreciate your time thank you thank you David

1:16:17 candle thank you I'll be I'll be brief I live at um the corner of South 67th and South um 66 the first one to move into that area of town um and all what they're saying is totally true it's kind of what's been happening there um I picked up drug needles there before hauled out garbage um like they said the the police have been up there a few times um like Gary was saying um he doesn't recommend people to go up there by themselves he's specifically talking about me I've been up there several times um called on emergency uh a few times other people have to I called 911 once when um somebody threatened to kill me um they kind of chased me through the neighborhood and I call 911 so it's kind

1:17:03 of not a safe situation um originally there was a barrier up in that area and it was in front of my house and um I was I was glad it was there and then I was kind of glad when it when it left but that was different where the location where the barrier needs to go now kind of blocks off that area that kind of hidden back in back in behind there um my understanding is all the property that's pass where that barrier would be is all owned by uh City of Springfield and or sub um so um I've heard that maybe there's some um um concerns that there could be um litigation from putting the barrier there um but there could also be some

1:17:48 for not putting the barrier there um I live a little bit further from where the South 66 court is where most of the people were speaking uh but even all the way down where I'm at I've seen it um the consequences of that there are a lot of people that walk up there um and uh those numbers have decreased I like the people that walk up there most of the time um And when they see that messy up there they start not walking up there and it really degrades the neighborhood thank you thank you I don't have any other cards Neil do we have anybody raising their hand online May or no hands okay

1:18:33 um well thank you for coming and talking about this I can see it is a lot so um I really am sorry your neighborhood's going through this it is a lot and we're gonna ask some questions here so I don't know who can give us an update about where this about this Jessica Court issue yeah we probably have a few people in the room that can give an update but I I do want to say and have said many times the members of the homeowners up there in that HOA are very fortunate they have an Engaged homeowners association I think we've worked very well on several issues that have included SPD and traffic and uh CMO and the city attorney's office it's just this one final piece that we're trying to uh complete and um I can either pass it over to Jeff Pascal or Christina um

1:19:19 to give it an update and Christina would you mind going first and sure I can give an update on the intergovernmental agreement okay um the intergovernmental agreement was proposed um as a better alternative to a right of way use agreement because the structure of an intergovernmental agreement is to recognize that other public bodies can take on the role and duties and privileges of the city which are generally broader than those that the general public can a RightWay use agreement is a formal permitting system that allows largely private entities to to use the public RightWay for a non-ri of-way purpose an access gate is not a non-ri of-way purpose and so it felt more appropriate to use an intergovernmental agreement um from my perspective the requirements placed on

1:20:05 sub under an intergovernmental agreement are less um onerous than in under a RightWay use agreement which includes a lot of language around Subs obligations to you know remove or replace barriers um at the whim of the city that is important to us when we're working with private uses of the RightWay that are not for RightWay purposes the um sub's concern was apparently around the indemnification requirements which is a standard provision in both the right of way use agreement and the intergovernmental agreement and any other contract that the city enters into that says that if there's litigation against the city because of this activity the person responsible for the activity pays for the cost of those damages or that litigation so if Subs erecting and maintaining a gate and

1:20:50 someone were to run into the gate and be injured then sub would be um responsible for that potentially any damages if there were any rather than the city that's a standard Clause um so that's my only understanding um of what the issue was with that IGA um we weren't invited to negotiate we were just communicated that sub was no longer interested and that's and that's where it has left with the city tr office okay so Jeff Pascal you want to like so Christina your understanding is we're good it's in sub like it's in sub subcort right correct um from our perspective we proposed a it's pretty typical intergovernmental agreement for this that is similar to other intergovernmental agreements that we

1:21:35 enter into with sub for other somewhat similar contexts yeah so I don't have a lot of anymore I've been in communication with sub um kind of got that just a real General they weren't pleased or weren't um interested in some of the liabilities that that came with the IG um we're still talking to them um right now as I understand it they're just pulling back from the gate altogether that one of the statements is they've fenced all of their properties all of the um other Lots up there are owned by sub um so we've talked about a few other Solutions as well but that that's pretty much where we're at right now all right I don't know

1:22:23 Jeff I know you're back there someplace do you I don't mean to put you on the spot but are but we're gonna well do we what's the best thing for you should we just point them your direction or do you just not want to talk about it here Jeff happened to walk in so I apologize again for kind of putting you on it's okay I wasn't expecting to speak so I want to recognize appreciate the work uh by uh City staff and Council and uh the concerns of the HOA our intent initially was to help construct the gate that was putting money towards the

1:23:08 construction of the gate as part of our uh part of that solution so how it evolved over time uh changed kind of where we thought we were going to start and where we ended up but happy to reengage in those conversations with the city and see we can continue forward with the solution but we've consistently said we're happy to pay for a gate all right thanks Jeff right that was my alarm saying we ran ran out of time for public testimony so okay so Nancy what's the best like it sounds like we just got to call some and get this thing sorted I think that's uh accurate uh it from the standpoint of the city I think we're just trying to uh find a path that works for both both organizations I I

1:23:53 want to apologize to the uh Mountain Gate neighborhood uh coincidentally I almost was in your neighborhood when I became city manager here it was an our short list but my husband said I do not want to walk our dog up and down all those Hills so we did not end there so I do I'm familiar with your neighborhood I it's very beautiful um and we appreciate um you coming tonight and and expressing how this is impacting you um I've already I'm going to have some conversation with chir about this as well uh see if there's something um can do um I need to look at our staffing levels but um with with respect to the illegal instrument I think you know we can I think we can find a path forward I'm I'm confident in our city attorney's office to do that all right Joe and then

1:24:38 we'll go to Victoria hello excuse me thank you all for coming forward I appreciate it that too is my neighborhood and my ward and I have a significant in interest in what you have to say that I've watched the chief very closely in fact when you were speaking he was writing notes and I can almost guarantee you I'd walk over there and he'd have the notes on what hours of Interest should should the officers be there am I correct and uh so he is he is an amazing leader for our department and I'm confident that that part will change uh Jeff is sitting here he's always had a good heart and trying to get to the right place wherever it is and all of you are aware that obviously the government has got a different clock than what we all have but I think

1:25:26 everybody here saw heard very clearly I know I have because it's my neighborhood and I know exactly what the activity is over there and I've seen it Etc so uh I'm going to watch this real closely myself and I think I'm confident not I think there will be a solution and we're just going to pound our way through it okay with all the help I can do I'll do it Victoria thank you and I too am very familiar with the area my my ward board um but right up next to it and I walk those Hills with my dogs because I like to do it um but I just wanted to mention that Springfield Utility board's meeting is on the uh second Wednesday of the month at 6 pm at their office so I just wanted to mention that Beth um are

1:26:12 these oh sorry sorry I'm very familiar with that neighborhood as well I used to live in it's a beautiful neighborhood and um sounds like you have a great community since a lot of you showed up tonight and I appreciate hearing from from you all um I have a question I guess um can't barriers or the concrete barriers be a temporary maybe solution until this gets resolved or is that not something that can happen I think a permanent concrete barrier would not be the appropriate because sub still needs access to their property and the facilities and so that's why I think we were looking at more of a gate that and also for emergency services if there's any reason to get back there okay so I think I

1:26:57 didn't know if there was something that could block the block it off temporarily while things are as Neil said we've we've worked on you know the policing and worked on a lot of different trying to um help the situation it's been an issue um the reason there was a gate there originally was the developer was struggling to sell the Lots at a time they needed water and finally had that and so the City put a gate in because of all the four-wheeling that was going on up there and destroying the public infrastructure and trying to work through the developer and then that gate came down because these lots of these um homeowners now live in were finally sold and built on and so now we're just kind of talking about a handful of lots that are left up there that sub purchased and

1:27:42 sub owns thank you Steve I'm not exactly sure exactly how everything is oriented here but are those reservoirs publicly accessible they're not no you can't get to them now because fenced off yeah Subs fenced if you go up there right Jeff sub yeah Subs fenced all of their property um when we were kind of going through and so to go back the the original approval when they approved the gate it was kind of a it was a miscommunication on our internal at the staff that that should have never gone through on that approval because they just came in and asked for an encroachment permit to put a gate in the right of way it kind of got approved at the counter and it was

1:28:27 like well no that's not the right tool and so then we have been going back and forth with sub for quite a while and then they chose to just fence all of their property I'm not I'm not done okay um it it appears to me that whatever wherever that gate is on the road it's quietly accessible and I would think that someone want to protect their reservoirs by putting barriers up further out towards the street would disenable people to get in there that's that's all I could say so I could just take care of it okay anybody else want to make a comment Co sorry just one quick one you notice the reaction from Jeff when

1:29:13 councelor Doyle mentioned when the meetings are for sub he was okay he was saying yeah bring it and so you've got our ears and and we don't have a play in it so to speak so go to their board they're elected officials they will listen to you they got to listen to you so I would highly recommend you go straight to his board so his board can say Jeff make it happen and now he's can do whatever he needs to do right yeah so let's do let's do a a couple of things um if Nancy if somebody can let us know maybe by the end of the week I know you guys are still working on some things um but I'm I see a lot of interest up here and if you could just jot us an email that would be that would

1:29:58 be fantastic sure no problem um this is important to us as well and I again I want to apologize for the length of time for this issue um it's inexcusable and I I do want to give you my apologies um and I think you've heard for the residents I think we've all been pretty consistent it would be helpful um to for you guys to go to the subboard too right there there our peer group right like we all got to work on this better together but hearing the same message I mean most of us didn't know anything about it until we got the first set of emails last week no we don't take questions here but if you if you if you hang out for a couple of minutes until we wrap up the meeting you can catch us in the hway all right any other Council

1:30:43 response before we get to the next item all right next item please the next item is business from the city council item number one is committee appointments and mayor the this is your item all right um I'm required to bring the annual committee appointments they are in the packet um I did see one typo I left out that I was Joe was going to be the liaison to sub so I will get that added to the uh added to the list unless if you guys don't have any questions I don't think we have to do anything I just have to show it to them so used to everybody being on one side all right next item please uh next item is

1:31:28 business from the city manager item number one land acquisition purchase and sale agreement Katie Carol and uh Aon ffield Katy Carol is here for this item all right um good evening Katie Carol I'm the city's housing analyst um here with a land acquisition item tonight so um as part of the city's housing strategy which was first devel veloped in 2017 council's directed staff to acquire land for housing targeting low-income households the city has funding through an intergovernmental agreement with Lane County to buy land for this purpose um and those are federal American Rescue plan act or arpa dollars that were awarded to the county by the state and then subsequently um the IGA with the city since February of

1:32:15 2023 the city has been contracted with a broker to assist with the process of searching for land and negotiating purchase of land for development of housing targeting low-income households so tonight um the action requested is to authorize the city manager to negotiate and execute a purchase and sale agreement for 1.1 Acres of real property address 1566 Main Street map and tax slot 17336 31 04702 um for the appraised value of $540,000 and there is a draft purchase and sale agreement attached um and city attorney's office has highlighted some of the terms that um may be part of what

1:33:01 gets filled in any questions you're up like to make a motion to authorize a city manager to negotiate and execute the purchase and sale agreement for 1.1 Acres of real property addressed 1566 Main Street as directed by us second Neil could you call the vote please yes councelor Weber yes councelor Mo yes councelor rodley yes councel Blackwell yes councel Doyle I and councelor pisher yes thank you motion passes six yeses zero NOS thank you thank you any other any other business from the city manager just one quick item I just wanted to uh let the council

1:33:47 know that this week City staff will be engaged uh in a deescalation and escalation prevention training um I want to recognize CH here and um the uh staff over at our Springfield Police Department that will be assisting in this training you know we have a very uh complicated issues um in our community and people experiencing various levels of Crisis and I think it's important that our staff get uh a set of tools that they can use to help uh people that are in crisis and I think it's actually a helpful tool to have perhaps we should have done it before the holidays but all that aside I'm happy that we will be providing this training thank you any business from the city attorney uh no additional business

1:34:33 thank you that is a wrap we are a your thank you everybody