Springfield City Council — February 20, 2024

0:05 I'm going to call the city council work session to order with roll call. Mayor Van Gordon. Here. Councilor Weber. Here. Councilor Moe. Here. Councilor Rodli. Here. Councilor Blackwell. Councilor Doyle. Here. And Councilor Pishue. Here. Thank you. And Councilor Blackwell is excused for the evening. Uh we have two items in the work session. The first one is code enforcement nuisance and administrative civil penalties code update and program modernization with Charlie Kent. Um before I begin the the presentation, I'd like to uh briefly update

0:50 uh based off of the timeline that was brought forward in May of 2023. Um phase one was uh the initial phase of um really building into the program, defining uh what the objectives were, um educating um uh the uh department. You know, there were there were a lot of steps to that. Um and and we fell a few months behind there. Um but we're back on track now after re-prioritizing uh the um the code update uh before the software. So, um it seems that I took too many uh uh things on initially. Need to re-prioritize. We're back on track now. Um a few updates as well regarding the program since we last met in September

1:35 of last year. Um most recently we uh quickly pivoted to uh assist with the uh recent ice storm emergency. Um Officer Brenda did step into a logistics role with the EOC uh there and played a crucial role uh working through a cleanup plan. Um we do look forward to developing this relationship further with emergency management and providing that type of quick pivot that we can help out as a community service. Uh we continue to administer the sanitation grant which we started in September of last year. Um and this was a grant money that was awarded by the state. Um code enforcement has taken the uh uh the the public-facing portion of this

2:20 and really helped clean up quite a few properties. 42 letters were sent out over the past 5 months with 29 responses and we've removed almost 47 cubic yards of garbage from the community free of charge. This has really allowed us to stay ahead of some code enforcement cases and resolve ones that were currently in in the in the queue. Uh we've reduced the backlog of cases from 180 in May down to 60 currently. And we've had several high-priority responses to um emergencies that uh essentially when there's a news story about it, code enforcement's involved, it's an emergency for us. So it's it's not a police response

3:05 but it's something that certainly needs to be addressed directly. So we had a number of those most recently demolition of two zombie houses through the abatement program through a receivership and voluntary abatement program. One of those houses had been abandoned and around since I began working here in 2016. So it's a pretty big win. It had also sounds like the community develop development division may be making an offer later this month to a what I consider a promising prospect for the newly created code compliance associate manager position. Um moving on into the the PowerPoint.

4:00 What we're here to talk about today is the administrative civil penalty program and what's required to get to that to be operational. There will be a municipal code revision required with the addition of this new administrative versus the judicial enforcement program. That is included as an in attachment three and the city attorney's office have made those revisions and included notes in that commentary. Essentially it defines an alternative enforcement mechanism and ties that into our current judicial process. Not really changing the process itself, just modifying it so that the administrative civil penalties will be a per se violation

4:46 for minor type violations under $100. So essentially you're parking on the front lawn, that's a quick $25 ticket that we can resolve pretty quickly instead of going through the judicial process. There were some language to clean up in this as well. Um And while we were addressing the municipal code update for the administrative civil penalties, I took liberties to identify some provisions within the nuisance code that required update to a more modern principle. These are identified. Um and I can dig into these a little bit later. That's really the meat and bones of this council session. But essentially there's a differentiation between public

5:32 nuisances, attractive nuisances, and then the addition of a dangerous or abandoned structure and allowing the city to effectively deal with that as a violation. Additionally, um, the Moving forward with the civil admin administrative penalties, once those, um, the municipal code is updated, we'd move forward with building, uh, the more details into the enforcement process itself. And so, this would be that that response time that we spoke with before or we spoke about before, um, addressing those appropriately and identifying a matrix, uh, so that this could be, uh, um, administered to effectively and also fairly.

6:17 Um, and finally, there is a, um, a software component to this, um, which will be a requirement to go forward with administrative civil civil penalties as well. Our current software doesn't support the application and it would require half as much as what the original soft the the software ask would be in order to process this in-house, um, much like, um, you would a building permit or something like that. So, just to recap the difference between the administrative civil penalties process and the judicial process process, which is current, uh, ACPs are more effective for minor violations. Um, it allows officers to

7:02 come out onto on site, um, attempt to make contact or resolve those violations in person, uh, with a very short time to compliance if that's required. If it's somebody who's parked on their front lawn and we can knock on the door and tell them to knock it off, that's what we're looking for. Uh, if we need issue a, uh, a ticket with a quick, um, a response time, we can do that as well. Um, this really comes into play with ADA, um, access issues on sidewalks, which are relatively minor violations, but could become, uh, major issues. This can also, uh, progress to the judicial process. It does serve as prior, uh, written notice, The actual uh, administrative administrative civil penalties ticket. So think of a parking

7:47 ticket. Included that language would be excuse me included in the ticket would be language that would provide prior notice of this is a violation of the municipal code and satisfy the citation process that we have to follow through if we were to take this to court for the much larger penalties. The judicial process is more effective for those chronic issues that we really need the courts input or the the legal process and and framework to support the abatement of. So essentially with a larger type violation there are there are larger fines and also it puts it in front of the judge so that they understand that we probably will be

8:33 coming to abate this quickly after or if we're unable to resolve it through that process. This also insulates staff from that per se issue. So we're talking about a large amount of money. per day per violation we issue or can issue up to $4,000 for specific violations. The the city would appreciate the installation of a judge you know ordering that forfeiture versus the city just doing it without the the proper backing if you will. I mean this also helps us to arrange for abatement warrants or administrative

9:18 warrants if they're required. The municipal code revision affects two portions of chapter five. Chapter five is public protection and I wish it was um a little bit more clear with regard to the section numbers. Um within the code right now, it's um a bunch of names, so you see nuisance in general, particular nuisance, where uh uh section 5.002 is effectively what the public nuisance, or excuse me, the nuisances uh prohibited uh portion of the um uh chapter. That's the essence of what we do. Um there are 12 um

10:04 uh uh specific sections regarding uh public nuisances, uh not necessarily broken down or very clear. Um so, what I've I've done is clarified some of those um uh more common uh uh nuisance violations to uh to include um more of a generalized issue. So, instead of you know, for instance, we have used materials, which include the word debris and garbage and organic, or excuse me, dead organic matter and debris, which includes debris as well. We've shortened those and condensed those into a one one section with a quite a few uh quite a number of uh less words. Um we've also identified uh the difference between the public health uh nuisance violations, which directly

10:50 affect the public, and attractive nuisances, uh which are geared towards protecting uh children from uh uh issues that may come up on private property. Additionally, we've And before I get into the um abandoned, derelict, or dangerous structure, um we also removed one portion of um the the standard public nuisance, which is very common uh throughout um uh code enforcement, of stored vehicles. We've simplified that explanation and clarified that and included it in section 5.004. Um clarifying that um public view for

11:35 instance. So, we we took out a few different um uh portions of the code which frankly didn't uh didn't reflect current values of of uh the public impact. Um so, for instance, public um uh in public view was identified as clearly visible from the curtilage or from a neighbor's second story window. And and while that may be an issue, the city we believe that that public impact versus private impact is different. Um and it would cause much less of an issue from the neighborhood neighbor-to-neighbor uh um uh relationship.

12:20 Dangerous, abandoned, or derelict structures um are the That's a really big deal in code enforcement. Um uh a few years ago there was the unfortunate issue where uh uh some folks perished in a abandoned derelict uh structure. Um and we we need to do better than that. Um what this this portion of the statute does is is provide the city with um the authority to identify those structures and very clear language that um how to resolve them. Um this is done through the um the abatement program effectively in that the city manager will need to go through or designate will need to go through the courts in order to

13:05 um uh secure a warrant to abate those nuisance violations. We want to put that burden back onto the property owner. Um and really make them responsible for maintaining um uh structures that um they are responsible for. Um In addition to providing the new outline for the dangerous buildings, city code enforcement staff will be attending specific training to assist with this. So this is through the International Code Council, which are the folks who also certify building inspectors. We will be taking a zoning enforcement certification as well as a housing and

13:51 property maintenance certification. It doesn't tell us, you know, how many 2 by 4s will be needed inside of a structure, but it will provide us with some professional certification and credibility to make those determinations. And obviously we utilize the support of the fire marshal's office and the building official to make those identifications as well. So before I get into the the software solution that code enforcement is proposing, I'd I'd like to open the floor and and see if there's any questions that we can address about any of the the code revisions that I've suggested.

14:36 Joe. Hello, good evening. While I cough. Um There's several things that you brought up that I have questions about in regards to just off the cuff just just a few seconds ago you're talking about you needing some some zoning instruction or zoning training. How does zoning affect code enforcement? Zoning is so prohibited parking is a is a zoning issue in that excuse me. Um A portion of the update would be commercial vehicles requiring a commercial driver's license. So think of an 18 wheeler or some sort of commercial vehicle stored on private

15:22 property. That is an application of an industrial use on residential zone. And frankly, we need more training in how to identify that. We have on the job training that we go through the planning department and we also lend on their experience when enforcing the development code. But this would provide officers with that frontline certification and understanding. So activities potentially activities on non-commercial zone lands is what you're talking about? Part of what I'm talking about. Yes, Council. And thank you. And so you are referring to and I I clearly recall the fire in that in that

16:07 building etc. with where people had had passed or died. And so you're talking about requiring the property owners to well, we move into an abatement process, but I'm curious where you it's it's like a property owner and a city is going to tell them that their building is not safe. Which is fine. But then the building owner boards it up. Says puts no trespassing on it and boards it up. So is that building still something that's be going to be considered a nuisance with that property owner so we going to still go after that property owner after they have made safe that building?

16:53 No. We won't be going after the property owner. That's the goal the statute is to compel them to board up the building when they're neglecting the responsibility. So if it's open and accessible is what you're talking about? Open and accessible or substandard along with a series of other um, uh, So more more than just open and accessible. Okay, cuz I've I've been I'm just thinking of other buildings in the city that that are way past their lifespan that are sitting and just sitting there as themselves as a hazard. Such as the old, um, what's that shopping not WinCo, but Walmart.

17:38 What was it? Walmart. Walmart. Such as that building. It's been sitting there for multiple decades and one could consider that as potentially a public nuisance or hazardous, correct? Uh, potentially. Um, if a complaint was received about it or if if there were, uh, the complaint or or evidence of a violation occurring. So, I'm just there's so many different scenarios and I'm just very concerned about um, how proactive code enforcement's going to be and if they're going to still be responding to complaints as opposed to initiating their own complaint or initiating their own actions. Uh, I I understand your concern, Counselor Pishnery. Um, but I I look to,

18:23 um, our current status of still being behind in 60, um, uh, code complaints or or cases that that we're behind on in a complaint-only, um, uh, system that we're currently using. So, the shift in policies what what you have or what you have going. I haven't read well, I've read most all of them, but there's a lot in the past. So, is there going to be is there thought in shifting into self-initiated cases as opposed to our standing policy of only responding to complaints? Uh, self-initiated in in what direction, Counselor Pishnery? So, we're not going to be out driving around the neighborhoods looking for violations. If there's a strategic approach that eventually the council would like to adopt, um, I would consider that an

19:09 acceptable, uh, level of proactivity. Um, however, uh, we will remain uh, complaint based unless there is a life safety issue that we observe while doing our item. I'm I'm totally okay with life safety issues for sure. But I'm just concerned about if there is if it's addressed in policy if it's going to be complaint based enforcement or if it's going to be allowing other than public safety other than life safety allow for code enforcement to do their own self-initiated cases. I'm not sure I understand the question there Council Commissioner. So in the past I've been I've been here for a long time and I've been different cities many time in many different cities what not and I've seen and it may not be you and maybe two code

19:54 enforcement officers from you that you get a person in this position that decides they're going to they have a real issue with a particular thing. You know, they have an issue with overhang closer than a 5-ft safe barrier from you know, the going over going closer to 5 ft to the property line etc. And they go around and start hammering folks for that and there is there is there with nothing in the books that says that's not what the city wants to do. So is this policy clear enough to where it's not going to be allowing that type of activity through code code enforcement? Is there a is there would it allow that shift and will the city say hey you're not supposed to do that and the code enforcement officer says show me.

20:40 Do you see what I'm Do you see what I'm saying? I see what you're saying. I understand your concern and in previous experiment experience I've observed that same same issue. I don't know where the proposed code revision would allow that type of uh, engagement. So let's go to Nancy. She's waving me down over on the side. I was actually waving you down to pass the ball over to the lateral over to Mary Bridget Smith. Yeah, I I think Council Piscioneri, you bring up a good point about sort of the difference between language that's in a code that would be a tool that the city could use,

21:25 for example, whether it's abatement or a administrative civil penalty, which is a fine or the court process. And then also the discretion that staff have with in terms of what they enforce. So, that information probably wouldn't be in your code, that type of policy. But, it sounds like what we're talking about is remaining mainly a a complaint-based program. So, when someone calls with a complaint, then determine does that violate the code? Um, but there could be situations that are, you know, buildings that are unsafe to people and, um, like life and safety like, um, Mr. Kent mentioned, which could be self-initiated, but those would be the rarer case and I think would not be the type of matter that, um, like, for example, a neighborhood matter about,

22:12 you know, overhanging, um, like you were talking about with carports or other things that are important to quality of life, but not necessarily life and safety. But, you're not going to see that policy, uh, being complaint-driven in corporate into the code, um, because the code's like our law and how we apply it. But, I do think that brings up a really good point about, you know, how are we going to apply it? And I think it's going to maintain to be a, um, complaint-based system. And just something that, um, would go through the checks with the other people in that department in terms of how they're enforced. If that helps. Yeah, I think so. I think I guess it most basically will will have to rely heavily upon training. Yeah, I think training and then what, you know, obviously what the council hears from the public, too, is always

22:57 really key in code enforcement. I think that's one of the main areas where council has interaction with the neighborhood and with people, right? And so, um I think it's just about any enforcement that we do, whether it's development code or code enforcement or whatever, just making sure that we're consistent in how we apply it. Thank you. Appreciate that. All right, other questions? So, Steve. You used the term "eighteen wheeler" stored. Does that mean same as parked? If I got home from Santa Ana I was driving and I parked my truck out there. It's not stored or maybe you would consider it that. Um I would consider um

23:42 I would consider it stored if it's overnight. Um storing a vehicle if you're stopping for lunch or if you're you forgot your wallet. Certainly, the complaint that we would receive, um we wouldn't be out there in 30 minutes to to check and see if it's there. Good enough. Thank you. All right. Other questions? Um Oh, no. I am going to circle back to Okay. Um so, I think back to your question, Council Pichardo, about um overreach of staff. I I I guess that would be a way I would I would say that. You you could have on an occasion an employee that would take it upon themselves and and kind of and that would be something that we would need to manage administratively. So, that's something that I think is worth exploration

24:27 with our department director and you know, we can put a policy or a procedure in place that describes the process that delineates that it's complaint-driven and you know, they may have that already and I don't know. But, if not, that would be a pretty simple fix and that also would help if there was any confusion, if a if an employee say, I'm just being speculative, if they did overreach and said, "Well, no, it doesn't doesn't say anywhere that I can't do this, right?" So, you know, if it became a disciplinary issue or something then that would cover the city as well. So, that's something we can definitely look into on the administrative side. Yes, thank you. That does and it just uh from the from folks looking from the outside in and seeing this is a pretty

25:13 significant shift for the city code enforcement and it and it's in the right direction. I appreciate all your work. And I'm not I'm not not in favor of it. Um it's just that the we just I think we need to make sure that we um uh control the perception of the perceptions of what people may have and that the city is not going into putting the hammer down starting next week type type situation and just need to let folks know that this is a modernization of antiquated system and trying to become more efficient as a city. Understood, Councilmember yeah. Yeah. So, I had one piece of uh feedback um on when when you when you're talking about a sort of total cases, right? You always refer to, you know, hey, we're 60 cases

25:59 behind and I don't know, in September you said maybe maybe 120 if if my memory serves. What's the case load you're actually trying to manage to, right? Is is 60 behind or is it kind of the right amount of open cases that you want to have at any given time? Uh Mayor, so so when I say 60 cases, uh those are very clearly behind by at least 3 months or more. Okay. Um uh investigations, complaints, uh contact with folks or follow up to um uh inspections that we've we've done including um more recently the the ice storm set us back just a little bit Oh, yeah. uh for some of those lower priority. Um our our case management, we can handle about 10 cases a day meaning we touch 10 cases a day. That's either

26:45 inspection or closure or we have a 5-minute conversation with someone. Um that's about average of uh uh across the industry. Um if we start carrying more than 50 cases in a case load, so for instance, I have 27 that are currently in citation, um and then I've got probably another 60 that are uh in investigation, and I'm slowly weeding those towards uh either closure or the citation process. Um it's a little bit skewed, and it's it's pretty heavy uh for um a team of two to accompany. So, what would caught up be? Would it be under 50? Uh yes. So, so ideally, um Officer Brandon and myself would handle uh 50 cases each on rotating basis. Uh you know, it'd never be 50, it'd be between

27:31 40 and 60. Yeah. Um but that's that's about the uh the ideal. Okay. All right, thank you. Any other questions? Okay, I think we're back to you then. Certainly. Uh so, uh the municipal code revision is is the first piece in the foundational piece. Uh without it, we uh shouldn't move forward with our current um uh staffing and resources that we have. Um ideally, we would um uh transition into a um a different software solution, um which uh we interestingly enough didn't know the court was utilizing, but um has been using for the past 12 years quite successfully. Um it's not the cheapest solution. Uh there were uh four demos

28:17 that I went through um it over the course of about 3 and 1/2 4 months, um and we actually had the Tyler folks come on site, um walk us through um the the code enforcement module, uh which does support a public interface, um and a 311 type uh complaint system. Um code enforcement is a small piece of that, um and with the the uh the software we would receive um the data management and the workflow uh process, the analytic uh capabilities, in addition to a uh, um, I want to say it's a ACH or an ACE uh, something process where um, uh, staff at the counter would actually process the fines um, instead of going through the court. And then uh, tying that all back in

29:02 finance as well. Um, uh, so the the Tyler software solution is is far above um, the uh, our current software that we're using. Um, it's not the uh, cheapest out there um, but it's by far not the most expensive. Um, it's a very intuitive process um, and they they checked every box even before I started asking the questions. Um, so we're talking about automation uh, within the program itself. So instead of making uh, four or five telephone calls back to folks whom I haven't responded to about uh, complaints um, uh, we can send an automatic email or an update or some sort of canned response uh, based on the result of an inspection. So with one button I'm sending an email, I'm updating our

29:48 workflow process, I'm saving um, uh, different documents and and really creating a robust workflow process. And this is really ideal. You know, code enforcement's always going to be lean. Uh, we're not the police agency or excuse me, we're not the the police department or the fire agency. Um, uh, and so we we need to think ahead and and really set ourselves up for uh, success um, with the resources that we have available. So in addition to this uh, software solution, um, there will be an administrative uh, enforcement uh, process that we'll need to um, uh, create as well. So so that is, you know, what does it look like on the street with um, uh, the the the customer, the community member interaction? What does the back office

30:34 look like and then how does everything tie together? We've got to incorporate a hearings official through um, ELCOG and there's a lot of a lot of moving pieces uh that go into that as well. Um to support that, we would need some uh uh some additional administrative help as well. Um when you consider that um there is a cost associated um with this transition to the administrative civil penalties process, um you need to understand that the um the the fine amount is much more recoverable than it would be otherwise. So, currently if I issue a citation for $500, um uh through the uh uh the court, it may get uh uh reduced to $250, but that's still uh quite a large amount for a person to pay um um out of pocket. For

31:21 instance, we Conversely, if if you were able to um have a um a ticket that cost $25 that you're able to um uh pay online or through a customer portal at the uh the front desk, I would like to think that that is much more um that's a much lower barrier to to get past. Um and we would see a a larger increase in the amount of uh funds that we recover from the fines that we issue. Um currently we we recover about 10% um of uh the fines that we issue, um we actually see that money back to the general fund. Uh we do go through uh the court system that has a collections um uh portion, um and it it's it's a tough tough process

32:08 to um to get back to uh $500 based off of $25 a month. So, additionally, the the software solution would um could uh potentially be used to uh to collect data as well. Um HUD has some uh pretty amazing um uh maps and and data uh collection centers that we'd like to integrate or cross cross interface somehow uh through the uh GIS folks with some of that data that we um uh would collect through uh Tyler. So, for instance, you know, what what is the predominant um violation occurring along the Main Street corridor? And is that potentially something that council would like some proactive proactive um

32:53 enforcement um along? So, this would open up some of those tools, not just based off of uh code enforcement's direction, and uh we could tie that into policy uh certainly. Um but those are those are some of the curbs that we could also discuss about when we're building out the code enforcement uh process. Or excuse me, the administrative civil penalties process. All right. Stephen. How does it work on code enforcement between city limits and the urban growth boundary? And you know the area I'm talking about. How do we I know you you prevail over that, and then how do you enforce anything? Uh currently, any violations that occur

33:39 within the urban growth boundaries would require um injunction to stop that nuisance violation. So, if you were to to develop a parcel outside of the development code, um we would be required to go through the city's city attorney's office um to um uh ask for an injunction to stop that activity. You said parcel. What do you mean by that? A tax lot. Councilor Mabon. Action on a tax lot. Okay. Cuz we got a lot of we had a lot of it in my old neighborhood. It's pretty confusing over there. Councilor Mabon. I understand. I I'm talking more in terms of we do regulate the Springfield

34:25 development code regardless of the violation. So, whatever the violation would be, it would need to be resolved through that fashion. We're going to go to Joe first and then we'll come back to Corey. I think just some clarification of what counselor Moe was asking. I think you refer he's referring to the the no man's land between the city limits and the urban growth boundary boundary. That that strip of land around the city. Is that within the jurisdiction or the activities of our code enforcement? And I don't think it is, is it? Uh it is only in regard to the Springfield development code. So Just building stuff? Uh building and land use, yes. So not nuisance violations, those are transferred to Lane County. Okay.

35:12 That's good to know about Lane County. That's confusing or cuz sometimes Lane County steps in we don't know what's going on. Well, and I think you should probably keep referring those folks to their county commissioner. Um And like it is it is definitely challenging in the UGB. Corey. Thank you. I don't really have any questions. I just have a couple of comments. One, um I really appreciate the the pushing to plainer language. Um cuz I know that that's can be a big barrier for folks to even understanding what they can and can't do. Um and I'm interested to see if we as you're gathering data which I know I was one of the people when you came before that was like if we're going to do this, let's figure out how we know if it's working and we're gathering data and we're figuring it out. Um I think

35:57 the same thing with the the language is that I'm hoping that this isn't a we do this one time and then we look at it again in 20 years. I'm hoping that we'll have some tweaks and we'll have some things in it maybe that people are still like I don't understand what this means. Um and we might have to make more adjustments as we go along cuz it it you know, as counselor Boshart said, it is a big shift. And so I don't anticipate that we will get it absolutely perfect the first time out of the box. And just just encourage you to bring that back so that we can continue have these conversations so we can continue to improve. All right. Other questions? All right, so I think you need direction, right? So um I think we're good bringing back the the additional the new minute municipal

36:43 code amendments as drafted and letting that go for public hearing and I'm looking around see if anybody's sort of throwing a chair at me. Go ahead. Sorry. That tighter system is that I know that Springfield courts use it is are is the code enforcement section using tighter going to interface with the Springfield Municipal Courts pilot? So that information there's an information share in that if you're referring cases to the court system then you'll be doing that via the tighter software. So they have that information. Is that Absolutely. Okay. Yeah. Perfect. All right. So the other two ones are about the the FT and the and the program software and like Nancy, I'm sure you're sorting that out just from a like in the

37:29 in your budget process for for this year. Yes, uh Mr. Mayor, I would I would want to um first get the council, you know, if you kind of head nod that you think this could be a direction that you would want to go because you're right, this is a a change in in how code enforcement is handled, but then the devil is always in the details. So this will be part of our budget deliberation process as well. All right. Question Joe and then we're cutting you off. Put a cork in it. There it is. You did. So um with the the tighter program talking with the municipal courts and Chief Sheriff on the is the PD using tighter at all?

38:16 Is the PD using tighter the tighter software software? We don't. Tighter. T Y I L E R Tyler software. I thought they were No. So, I'm just thinking if they did then then all three departments can maybe interface and interface and share that information, but if they're not I guess it's just all moved. Thanks. Yeah, I'm not aware of that Council Visioneer. We can certainly check. And then the So, bring back the the municipal code for for public hearing and then we also I think want to see the well, the the policy adoption to make sure that we're very clear that we want to stay roughly a complaint-driven organization.

39:01 Is there anything else you need direction on? That's it, Mayor. All right. Thank you. Good job. All right. The next one Aaron, come come on down. Fiscal year 2025 Draft Community Development Block Grant Annual Action Plan. Good evening, Mayor Council. Um I'm here tonight with a draft fiscal year 2025 uh Community Development Block Grant CDBG Annual Action Plan. Um I will note Congress has not yet asked a budget. Um so, we are um using estimated figures and we're using the

39:47 same allocation that we received this year um about $555,000. Um so, as part of the city's citizen participation plan for these funds, Council's Advisory Committee uh the Community Development Advisory Committee met on February 7th and held a public hearing on the needs and community needs that align with these grant strategies. Uh the committee reviewed uh anticipated funding, um past projects, and the status of ongoing programs and has made a recommendation to council on the proposed allocation that we'll be publishing for comment and that is included in the last page of your packet of this item. Uh the CDAC's recommendation um includes um keeping uh supporting

40:33 existing programs um such as the city's home repair program, the down payment assistance program, the contribution to Lane County for social service funding as well as uh funding set aside for administration and planning. Um just to give a quick overview of those programs, the city's home repair program um provides uh urgent home repair services as a grant to very low-income uh homeowners here in Springfield. Um and by very low income, I mean a single person living alone needs to make no more than about $30,000 a year in order to qualify for the program. And this is helping folks uh patch a leaky roof,

41:18 um fix uh heating issue, or address a plumbing issue, or provide an accessibility ramp. Um so that home repair program has been um working well and consistently council has supported that program, so it's in the draft plan. Joe. Go ahead. So. Go ahead. Uh just a just a quick question because you were talking about home repair program. I know of a few homes that have got branches sticking through their ceilings. And some of those homes have got are very low-income folks. I see potentially an uptick in money's required or needed for home repair because that situation can be very very hazardous not only for the obvious hazardousness, but for the incursion of potential mold and mildew mildew issues

42:04 for those homes. So is there any consideration or plans for uh an outreach cuz folks just don't know about this program. And is there anything out there that we're looking at and letting these folks know that there's some money available, but is there money available enough to cover that increase of damage to our homes to that lovely storm? Those are the exact conversations we've been having among staff. I I think it's a mixed. We think there might be additional funds carried over from this year possible. I think Ellison Uh uh Ellison in her work in the EOC has been receiving we've been asking the public to submit repair needs through Lane

42:50 County's public-facing website and then I as I understand it the EOC is taking those um identifying those repairs and then seeing if someone does qualify for this program then we would do outreach to them without um advertising the program as is and not knowing what kind of influx is coming and so recognizing that there is a a system for folks to report on needed repairs from the ice storm. We're looking at that system to see can we follow up and inform folks, but we have been issuing mailers and other sort of outreach about the program over time through different neighborhoods in the last year.

43:36 I think to get more sort of to get the word out about the program. Is the $30,000 is that a the federal regulation or is that something we decided? Uh what's that referred to? Well, you said you had for a single person to qualify to use this fund you had to be a a single person earning roughly $30,000 a year or less. That's a good question. We chose to the uh income limit that the program has been operating is the 50% area median income. And so that is the Yeah, that is the income max for 50%. It would be possible to amend the program to allow up to 80% area median

44:23 income as eligible through the CDBG program, but right now the city is capped at 50%. And roughly at 50% are we draining draining this account annually? Um yeah, we've um I think over time we've seen I think a couple years ago I don't have the figures in front of me, but um I think we were spending maybe $120,000 um a year for this program with maybe serving about 60 households a year. Um I think last year we spent 260 264,000 serving more people, but we also the repairs are costing more now than they were. Um so that is our fear about allowing more you know, more folks to be

45:08 eligible. Um Right. Right. Okay. Thank you. Um okay. Uh so that's the home repair program is one of the programs proposing to continue to fund. Uh down payment assistance um is also um been a program that council has supported um otherwise known as the SHOP program, Springfield Home Ownership Program. Um that program provides uh 0% uh interest loans to low-income households to buy a home here in Springfield. Um we have revamped that program in recent years um and increased the dollar amount up to $25,000 per household. Um and we have seen demand for this program in a way

45:54 that we weren't seeing previously. Um I think we've had six loans in the last year. Three of them were completed in December. Um and I will say those funds have nearly um been used fully. So, the program actually is on pause right now because we don't have enough funds to um keep that program going right now. Um and just as an aside, I'll be back during regular session to address that question. Um so, that is a possibility later. Um the other proposal to fund is the contribution from the city to Lane County. This is through their human services division. This is to recognize Lane County um as the social service agency lead for

46:39 the region. And by pooling funds between Springfield, Eugene, and the county, um the three jurisdictions over time have sort of addressed social service needs on a on a regional basis. Um and then finally, the um allocation is proposing um to put funds toward grant administration and planning to help pay for staff and other needs to continue the program. Um given uh the demand for some of these programs and the sort of stagnation at the congressional level of CDBG funds over time, um we are not proposing that there's enough funds here to maintain support for these programs and put out a request for proposals as we have in past years. So, I just wanted to highlight that.

47:24 Um but next steps for the process, um we are proposing to publish the draft allocation for public comment for 30 days. Um the community development advisory committee will reconvene the beginning of April to review any comments received, hold a second public hearing on the draft plan, and make a final recommendation to council. Um and then you will see this again in May for your final approval um with hopefully um actual numbers from HUD as far as what our allocation will be. Um I'll pause there and then I did want to highlight just a few things. So, if anyone has any questions about the proposal to be published for comment. All right. Any other questions? Okay. Um no. Okay. Keep going.

48:09 Okay. Thanks. The few things I want to highlight, um there are a few outstanding outstanding projects that were funded in prior years that have been delayed for various reasons. Um most notably Catholic Community Services has proposed to build an addition to their existing service center to create a day center for homeless families with children as part of their Oasis program. There is a letter from Lori, the executive director, in your packet. Um as stated, this is still a priority project for CCS. Um it has hit some delays um particularly while the city is undertaking its HUD-required environmental review. There have been some issues of soil contamination that we've had to like continue to There was

48:54 a leaking underground storage tank that was removed 25 years ago, um but was never fully cleaned up. And so, per HUD's process, we are continuing to identify um what the issue is and then ultimately how to mitigate it. So, um it has caused delays in the prod in the process. Um meanwhile construction costs are increasing and are now projected to be at a higher cost than what was originally funded for the project. So, CCS um is in in the process of evaluating additional funding options um and looking at different ways to potentially decrease project costs to align with the funding awarded. Um I just wanted to highlight that with anticipation that something hopefully will be coming back to you with a

49:39 proposed solution for figuring out is there a way to move the project forward and if something needs to change, let's talk through it. Um so, hopefully I can have something for you from them in the next few months um to move forward. But I just wanted to give a heads-up. Um, and then the last thing I'll highlight is that, um, some of these delays are now causing a timeliness issue in making sure that we get the money out the door in a timely fashion per HUD requirements. Um, so we kind of have two proposals. One proposal, um, that staff will be looking at, um, is this ability to use CDBG funds to pay off an existing loan we have, um, on behalf of NEDCO, Dev Northwest, um, for

50:26 a building they bought with CDBG funds, um, in 2009. Um, they are repaying that loan over time, and we were taking their loan repayments and paying off the loan we took out on behalf of them. So there's a proposal, um, that we could use CDBG funds that we have on hand now that we need to spend to immediately pay off that loan, and then use their ongoing loan repayments to sort of pay back that CDBG, um, fund. So it's not going to change what ultimately is available for projects, it just changes when those funds are available. Um, so I just wanted to highlight it now. Um, my aim would be to go through the public process and put this proposal out there, um, through

51:13 a public hearing. It goes to the advisory committee, and then they ultimately um, make a recommendation to you all on potential next steps. So I just want to get ahead of it, um, if it's something that maybe we could look into doing later this spring or the summer. Um, and then the last thing is, um, stay tuned for regular session, um, where there is a proposed substantial amendment to move, uh, other funds that are not moving, um, into the SHOP program, seeing that there's a demand for those funds and the lack of funds right now. So, um, that's where we're at. Questions, thoughts, feelings? No. I'm seeing Corey. I like that. I'm seeing none but Corey.

51:58 Um, thank you very much for this and I am I know I said this earlier in the year, which is probably last year. Uh, I am so excited to see that people are using those funds to purchase houses in Springfield cuz I know that was in a lull for some time and I just I'm very excited about that and I know there's some work that's happening in the legislature to also help to support people in buying homes and I just am glad that that is actually um, moving and being used. And I also appreciate Council bringing up just the concerns about people's um, the damages that may have happened during the storm. I think just across the board um, many people were affected by the storm in the immediacy. There's going to be so many things that we're

52:44 looking at. There are people who spent their rent and mortgage money to stay in hotels and you know, people who lost uh, so much and so I think this is going to be a continual conversation for us to be thinking about as we look at these established programs, are there ways that we can tweak or adjust those to better meet the needs of people post-storm. So, thank you. All right. So, I think we're good and this looks good. Um, so we will chat with you during the regular session. I can't wait. Thank you. We can't wait either. Thanks, Sarah. Um, I'm going to adjourn the work session and we will reconvene at 7:00 for the regular session.

53:35 I'm going to call the regular session of the Springfield City Council to order with roll call. Mayor Van Gordon. Here. Councilor Weber. Here. Councilor Moe. Here. Councilor Rodley. Here. Councilor Blackwell. Councilor Doyle. Here. And Councilor Pishioneri. Here. Thank you. Uh Councilor Blackwell is excused for the evening. Please join me for the Pledge of Allegiance. As we begin our meeting tonight, there are two designated times for public testimony this evening under public

54:21 hearings and business from the audience. If you are attending in person, please complete the right 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 with tablet, smartphone, computer, uh or or wishes and wish to speak with either of those times, please raise use the raised hand feature in Zoom. The order of public testimony is as follows. Anyone in person in the Council Chambers and then anyone who has raised their virtual hand. Uh first item, please. First item is Springfield Upbeat. Item number one is the mayor's recognition women in construction proclamation. The mayor, this is your item. I've got to get organized up here.

55:08 All right. This is the Women in Construction Week Proclamation. Whereas the National Association of Women in Construction or NAWIC was founded by 16 women working in the construction construction industry in 1953 and was established in 1955 in Fort Worth, Texas. And the whereas the work done by NAWIC Chapter 77 has benefited the state through community development and education programs. And whereas the Eugene-Springfield Chapter has uh unceasingly promoted the employment and advancement of women in construction. And whereas the NAWIC Chapter 77 has sought to achieve success results for Lane County in a cooperative spirit with other organizations, I, Sean Van Gordon, the Mayor of Springfield, do hereby recognize NAWIC

55:53 Chapter 77 and its many dedicated volunteers who work on behalf of and support women in construction and proclaim March 3rd through 9th, 2024 as Women in Construction Week. And I think we have somebody from NAWIC. We're going to come back and take a picture down here.

57:14 All right, next item, please. The next item is the consent calendar. I'd like to make a motion to approve the consent calendar. Second. All right, Neil, could you call the vote, please? Yes, Councilor Weber. Yes. Councilor Mao. Yes. Councilor Roddy. Yes. Councilor Blackwell. Councilor Doyle. Aye. And Councilor Pishioneri. Yes. Motion passes five yeses, zero noes, one absent. Next item, please. Next item is public hearings. Public hearing number one is annexation of territory to the city of Springfield. Annex 0.19 acres of residential property located at 1717 Kellogg Road, map 17-03-33-11, tax lot 00301, and concurrently annex a segment of Kellogg Road. This is ordinance number one, an ordinance annexing certain

58:00 territory, again 1717 Kellogg Road, and approximately a 260-ft length segment of Kellogg Road to the city of Springfield, withdrawing the same territory from the Rainbow Water District, and adopting a severability clause, and providing an effective date. This is a first reading, and Tom Sievers is here for this item. Good evening, Mayor and City Counselors. I am Tom Sievers, senior planner with the current planning section. Tonight, the council is requested to consider an ordinance to annex an approximately 0.19 acre property addressed as 1717 Kellogg

58:48 Road in Western Springfield along with a segment of public right of way. The proposed annexation area is highlighted in yellow, and the subject site is located at the corner of Rainer Avenue and Kellogg Road. The applicant is the property owner and had requested emergency annexation to remediate a failing septic system for which they have subsequently connected. Staff is also requesting to include an unannexed segment of Kellogg Road. Annexation of this street segment will not constitute a jurisdictional transfer, and will remain the responsibility of the county. The site is zoned R1, low-density residential with the urbanizable fringe UF10 overlay.

59:34 As you can see, it is contiguous to the city limits immediately to the north. There we go. Um immediately to the north. No other zoning changes are requested except for the removal of the UF10 overlay. With annexation, the subject property will be removed from special districts such as the UF10 overlay depicted here, and service areas such as the Rainbow Water and Fire District. No other zoning changes will occur with this application. There are four approval criteria for annexations in the Springfield Development Code, which were addressed in full in the staff report and summarized as follows.

1:00:19 Criterion A, within UGB and contiguous to the city limits. As previously stated, the subject property is contiguous to the city limits along its northern boundary. The subject territory is within the city's urban growth boundary and is currently covered by the urbanizable fringe overlay. Criterion B, consistent with policies of the Metro Plan. Specifically, policies 27, 29, 33, 34, and 35 of the 2030 Comprehensive Plan's urbanization element are met through this application as the annexed land will be fully within the Springfield Urban Service Area. Criterion C, within boundary for minimum level of key urban services. Policies 29, 31, and 32 of the 2030 Comprehensive Plan's urbanization

1:01:05 element are met through this application as well. As previously stated, the subject territory made an emergency connection to the sanitary sewer due to a failing septic system. Staff finds that the property can easily obtain key urban facilities and services from the Kellogg Road right-of-way. Again, these facilities and services will include sanitary sewer connection, sub water and electric service, fire protection services from the Eugene-Springfield Fire Department, police services from the Springfield Police and the Willamalane Recreation District. Criterion D, annexation agreement. A fully executed and recorded annexation agreement has already been completed by the city and the applicant due to the emergency connection.

1:01:51 The agreement covers obligations for the applicants and for the city, including any financial responsibilities. The agreement includes details on future connection to key urban facilities and services and withdrawal from special service districts. Because all applicable annexation criteria have been met and the applicant facilitated emergency connection to the sewer system, city staff recommends that this application be considered for approval by council. Thank you, councilors and mayor, and I'm here for any questions. I'm Victoria. Hi, thank you. Um so, Kellogg Road that we're looking at annexing into the city, is that an unimproved portion of road? Uh it is improved to a certain extent. I don't believe it has full urban

1:02:36 facilities being curb, gutter, um sidewalk, stuff like that, but it is paved, correct. Um so, what's the what's the reasoning behind the city taking on that? Uh as I understand standard, it's common practice to annex rights of way along with uh subject territories that are being annexed if there is a portion of roadway that still remains. In this case, it's a very small segment of Kellogg. Um it is to also be annexed to help facilitate any future annexations. Okay, so we own on either side and this is just a chunk in the middle. Yes. Yeah. If I may, um just chime in, Mark Rust with the city of Springfield planning. So in this specific case, and and Tom's

1:03:21 correct, we we normally do annex adjacent right-of-ways. Mhm. This one is unique in that um we are facilitating a jurisdictional transfer of this segment from the county. They're providing a fiscal um transfer the for us to take that as well. So our city engineer um and city engineering department have been working with the county to do that. You will see in in the future within the next couple of months a couple other segments of roadways that have also been negotiated with the county for us to take jurisdictional transfer. So this longer segment, which is longer than what we would typically annex as adjacent to a property, we kind of added on to this annexation just because it the timing worked out. So this one will become a city road and the the county

1:04:07 has provided money for us to take that from them. Okay, but not money to improve it. Well, it's up for the city to decide how the money they give us is then spent as part of the street fund. Okay. I'm just I'm just concerned because we have so many roads right in town that we can't take care of that are that are in dire need of um you know, of repairs and then for us to take on an an improved road that we're now responsible for again um you know, doing the improvements on and and updating. So Yeah, and and Jeff is here if there were more questions. I My understanding is this negotiation was a number of years ago that the agreement was made to transfer these sections. I think due to some staff turnover at the county, that the actual transfer has lagged behind

1:04:52 and now it's finally happening. All right. I'm going to go ahead and open the public hearing. I don't have any cards for this item. Um Neil, is there anybody raising their hand online? No hands for this item. Okay. I'm I'm going to go ahead and close the public hearing. This was first uh reading only and no action tonight. Thank you. Next item, please. Thank you. Uh next item is public hearing number two, annexation of territory to the city of Springfield. Annex approximately 36.1 acres of residential property located at 5400 Mount Vernon Road, map 18-02-04-00,

1:05:38 tax lot 3 3500 and portions of tax lot 3600 and 3800 and concurrently annex a segment of Mount Vernon Road public right-of-way. Again, this is ordinance number two, an ordinance annexing certain territories, vacant property formerly addressed as 5400 Mount Vernon Road and identified as assessor's map 18-02-04-00, tax lot 3500 and portions of tax lot 3600 and 3800, and approximately 30-ft wide by 196-ft long segment of Mount Vernon Road right-of-way to the city of Springfield and Willamalane Park and Recreation District. Withdrawing the same territory from the Willakenzie Rural Fire Protection District, adopting a severability clause, and providing an effective date.

1:06:24 This is a first reading and Andy Lindberg is here for this item. Thank you, Mr. Mayor. Good to see you back. Thank you and counselors. I'm just going to flip to the next um PowerPoint. A different property. Bear with me. Okay. So, this is property that's in Southeast Springfield. It adjoins the developing Woodland Ridge neighborhood. Um it's about approximately 36 acres of vacant property that's proposed for annexation. And it's outlined in yellow. Um this represents phases five through

1:07:11 eight of the Woodland Ridge neighborhood. A portion has been platted and it joins to the west uh city limits. There are currently lots that have been platted in the phases uh three and four. Four is being platted right now. Um it's actively under construction. Um and so this represents um a residential development area uh for the city uh with about 200 dwelling units planned for this property. The annexation area includes a very small segment of Mount Vernon Road. It doesn't adjoin much of Mount Vernon Road. There's an intervening triangular piece of property owned by Lane County, which is right at the intersection, that is not being annexed. Um so the

1:07:56 annexation of right-of-way goes to the center line of Mount Vernon Road incrementally as properties annex to the city, the adjoining right-of-way um similar to a property that's immediately to the east um which was annexed in the last 2 years um also had the Mount Vernon Road frontage annexed to center line. So incrementally Mount Vernon Road will also be annexed, not jurisdictionally transferred at this time. There is an interesting complication to this property in that there is an intervening approximately 20-ft wide private property that extends from Mount Vernon Road all the way through to the

1:08:41 north end uh property north of Holly Street on North, I guess it's South 54th Street. Um that intervening property represents a challenge to connection of utilities and public streets to this property. It is necessary both for traffic, emergency access, and extension of water service to this area that crossover of this property be attained by the developer. As such, there is provision in the annexation agreement that the developer needs to come to terms with that property owner for the extension of public streets and utilities. It is also anticipated that this property will somehow be incorporated into the development area sometime in

1:09:26 the future so that there isn't a gap between the Pinehurst neighborhood and the developing Woodland Ridge neighborhood. Um it is not planned as a use as an alley. Um long-term, it would not be conducive to having a vacant corridor uh between residential homes. It would be problematic. Um another uh interesting situation that this property faces is that it's between two service districts for sub water. It's between the level one and level two service districts just due to its elevation. And so, there are level two service connections on the east side of it that have been stubbed out at Holly Street and Pinehurst Street. They need to connect through to this property in order to facilitate future development. That also is covered in the annexation agreement that's included with your with

1:10:11 your packet. Finally, traffic that's being generated by this residential development area is anticipated to impact the Daisy Street and Bob Straub Parkway intersection. That has been identified by Lane County. Uh Lane County operates Bob Straub Parkway as their facility. That has been identified as a necessary intersection improvement. There is provision in the annexation agreement for a proportional contribution from this development area to the intersection improvements uh anticipated for Bob Straub at Daisy Street. And there is a formula that was used in the calculation of that proportional share based on the amount of traffic generated from phases five

1:10:58 through eight relative to other traffic that would be using the Daisy Street and Bob Straub Parkway connection. Again, that is addressed in the annexation agreement. So, there are certain elements that are not standard sort of boilerplate. They're specific to this development area and they're obligations of the developer to mitigate against fiscal impacts that the city would otherwise be experiencing. So, I wanted to bring those to council's attention in this annexation agreement included in your packet. Aside from that, I'd be happy to answer any questions. It is contiguous with the city limits along the northern and northeastern boundary. As I mentioned, there is a small gap area along the eastern boundary where there's an intervening private property.

1:11:43 That area will need to be addressed through the developers I guess negotiations or communications with this adjacent property owner in order to facilitate further residential development on this property. So, I'll be happy to answer any questions if you have them. And thanks, Andy. Uh Victoria. So, the other concern and maybe I'm wrong, but when I look at this, it looks like when you're looking at the west end where Holly Street is, is that going to dump out into that neighborhood that pops out onto Daisy where they could end up funneling to Daisy and 42nd where we have terrible problem with traffic in that intersection. I know they had considered even a a roundabout at that point at some point, but that's not necessarily feasible. So, that's a little concern I

1:12:29 have there with that 51st Street going out to Main Street. That's all residential. And then Holly and taking people down to Daisy and then heading west and going to 42nd. So, is that something that's been considered as well? Well, the interconnectivity of the street network has been considered. So, it presents I guess a number of options for people to go and also for emergency access to be attained for this area. Unfortunately, because of the intervening railroad tracks, there isn't an option to connect to Jasper Road. And the the areas that could be connected at Mount Vernon Road are essentially, I believe it's South 55th Street is the only intersection. So, traffic is routed, as you point out, Holly Street westward through the Westwind

1:13:15 subdivision. It's a little bit more circuitous and somewhat slower because you're going through a neighborhood. Um the intent would be to deliver most of the traffic from this neighborhood to either Mount Vernon Road eventually um or to Daisy Street to go either east or west to uh to Bob Shaw Parkway. Um there's also eventually going to be 48th Street and Daisy Street is a planned connection. It has not been constructed yet. And then 42nd Street um at Daisy Street as well. So, there is a planned or at least contemplated roundabout intersection at 48th that would allow traffic to go over to Main Street. Um but there's an intervening property that hasn't developed yet. Um so, that's um part of the long-term plan to take pressure off of any one connection point

1:14:01 and any one residential street. Um so, there would be multiple options depending upon where the traffic is destined. Okay, so there is a there's plans to to uh do something with Mount Vernon Road then to bring that up to city specs? Eventually, it will be to city standards all the way from basically Bob Stroup through to Jasper Road. Um but it's going to take some time because not all the portions have been annexed yet, as we know. Um it connects to Linda Lane, which is property that we've also been discussing. So, there are some incomplete pieces, but incrementally it's being annexed and hopefully funding eventually be found for completing that section. Um it is important because of the railroad tracks. Um and there's a key intersection at the Road where the property owner we've been

1:14:47 in discussion with has if you ever see their fence that people have gone right through it. Um not stopping at that Jasper Road. So, there are a number of complicating transportation issues and city and the developers traffic engineer to their credit are trying to and the county are all trying to um to deal with through this neighborhood development. I appreciate that. That's actually my backyard. So, I'm just trying to keep an eye on it. Thanks. Absolutely. Any other questions? I But if you want to make a comment, we'll do it all I'm going to open a public hearing here in a second and then I'll I can take some comment from it. All right, I'm going to go go ahead and open the public hearing. Um I have no cards. Neil, do you have anybody on

1:15:33 No hands online. Okay, so do you still want to make a comment, Jason? Okay, then come on up. And when you're done, um you're going to have to fill out a separate card for these folks. So, come up come on up. I I've got a card up here. Yeah, well, you're going to do it twice. So, it's two topics. So, state your name and place in the city for the record and then you have 3 minutes. Uh on this annex, uh Jason Profit, Corey Road, Willamette Heights. Uh this annex is talking about what fire department's going to service uh service that. I know of two fire departments out there. Are they Are those fire departments staffed enough to take care of that? That's my question.

1:16:19 for that. All right, uh do you have any other comments for it and then we'll we'll we'll uh we'll let Andy to answer it. All right, thanks, Jason. Fill out a card for them, please. All right, I'm going to go ahead and close the public hearing. And Andy, you want to come back up? Yes, Mr. Mayor and counselors. Um, the area that is cons- uh proposed for annexation is currently within the Willakenzie Rural Fire Protection District and upon annexation it'll be withdrawn from the Willakenzie Rural Fire Protection District and it'll be part of the Eugene-Springfield uh protection area. Um

1:17:05 Practically speaking, it's already within the Eugene-Springfield response area, but there are no houses or structures. Um, it would be if there were a grass fire or or timber, you know, blaze, it would be responded to by Eugene-Springfield because under contract with Willakenzie. Uh, but it'll be formally added to Eugene-Springfield district, so. All right, great. Thank you. And then this is uh This is first reading only, so no actions required. Next item, please. Next item is fiscal year 24 supplemental budget number three as resolution number one, a resolution adjusting resources and requirements in the following funds: general, street, special revenue, community development, fire local option levy, police local option levy, development assessment, capital,

1:17:51 development projects, regional wastewater capital, ambulance, storm drainage operations, and vehicle and equipment. Uh, Jessica Mummi is here for this item. Good evening, Mayor and City Council. My name is Jessica Mummi. I'm the City of Springfield's new budget and procurement manager. It's great to be here with you this evening. Um, the item before you this evening is a request to conduct a public hearing and to adopt or not adopt resolution one adjusting resources and requirements in specific funds. This is the third of four planned supplemental budgets for fiscal year 24. In the council briefing memo, supplemental budget items were highlighted that may be of high interest to council, be um affect FTE accounts, or are new

1:18:37 expenditure appropriations. The largest fiscal impact in supplemental budget three is related to the 2024 ice storm, specifically funding for on the emergency operations center and overall recovery efforts. The city plans to apply for reimbursement from FEMA to the full extent possible. With that, I'll turn it over to you for any questions and to conduct the public hearing. Any questions? All right. I'm going to go ahead and open the public hearing. Um I don't have any cards for this item. Neil, do you have anybody online? No hands for this item. Uh I'm going to go ahead and close the public hearing. I'd like to make a motion to adopt resolution number one.

1:19:26 Second. Neil, could you call the vote, please? Yes, Councillor Weber. Yes. Councillor Maughan. Yes. Councillor Roddey. Yes. Councillor Blackwell. Councillor Doyle. I. And Councillor Visionary. Yes, thank you. Uh five yeses, uh zero noes, one absent. Uh the motion passes. Next item, please. Next item is business from the audience. No, we're going to get to two and three here in a minute. So, we're doing business from the audience first. All right, so business from the audience. Uh first card I have is Jason Profit. State your name and location in the city, and then you have 3 minutes.

1:20:14 Uh Jason Profit, 657 Quarry, Willamette Heights area. Uh I really come tonight to say thanks for the city to bring the bring the firewood in. Uh thanks to the mayor for walking in on a Sunday when he wasn't feeling good and seeing the damage. I want to say thanks to the police department for walking in at midnight on 3 in ice to do a welfare check. That was great. Yeah. Now, as Victoria mentioned, we have more roads than can be taken care of. 40th Road it got rutted up with them the power trucks coming in. It need graded and graveled badly. The gravel I put on there is gone. Uh well, I have an ice still has uh tree branches stacked in the curbs.

1:21:01 Don't forget about us. We still have probably a quarter mile of communication line that's laying in the bushes. They'll need to be picked up sometime. And I think that's all I got. All right. Thanks, Jason. Thank you. The next person is Phil Farrington. Evening, Mayor, and councilors. Uh Phil Farrington. Uh I work for CDC Management Corp in uh Eugene, owners of property just across the street here, uh appeared before you but previously um speaking in support of your efforts and staff's efforts to develop the housing

1:21:46 diversity tax exemption. I understand that the council's been considering omitting commercial development and parking from HDTEE uh eligibility, but I'd encourage you to reconsider this approach at least in areas that are zoned for mixed-use commercial development. Since MUC zoning requires uh commercial development, it'd be logical to support new mixed-use development projects by allowing the HDTEE to apply to all improvements, including the required commercial development. And while the city no longer has a minimum parking requirement, the provision of parking may be necessary uh in some quantity for new development to be financially viable and advance lease up of commercial and residential uses in a mixed-use project. Allowing the HDTE to be applied to the entirety of improvement value for new

1:22:31 mixed-use development would simplify administration of the tax exemption and give the greatest possible chance of success for applicable new development, particularly for infill downtown areas in those zone mixed-use commercial. I urge you to please keep this in mind as you continue your efforts to develop this program and that it encourages the very kinds of urban development that you seek and the community so desperately wants. Thank you very much. Thank you, Phil. Uh the next card I have is Kevin who Campbell?

1:23:25 Thank you. Uh I'm Kevin Campbell. I'm here representing the Bicycle Pedestrian Advisory Committee. I was authorized to present these remarks to you. Going to give you a brief summary of our 2023 uh report and I'll just go ahead and read our prepared remarks. Uh the Springfield Bicycle Pedestrian Advisory Committee had a productive year in 2023. This report provides a summary of the accomplishments the committee made this year, including two safe street audits and community outreach. And providing guidance to staff regarding bicycle parking enhancements enhancements and bike share expansion. Regarding safe street audits, uh the first audit targeted the area near Hamlin Middle School with the

1:24:11 second occurring along South A and Main Streets between Mill and 10th Street. A small summary will be provided along with the report. Uh in terms of community outreach and education, uh, a new webpage was launched, uh, Walk Bike Springfield. This site consolidates all information and resources related to pedestrian and bicycle projects and activities in Springfield. A new QR code linking the Walk Bike Springfield site is it already in use and will become more prevalent on signage and other resources, uh, distributed through the community. Uh, this will educate, uh, citizens about new and upcoming future projects, uh, links to

1:24:57 bicycle and pedestrian, uh, response tools to, uh, request repairs or other, uh, needed repairs. And will also include include information on path etiquette. Uh, we were involved in several pop-up pop-up events including, uh, path etiquette. Uh, we featured trivia prizes, free bicycle repairs, maps, resources, handouts. Uh, path etiquette is a ever-growing concern with the, uh, accelerated usage of e-mobility devices such as e-scooters and e-bicycles and we want to maintain awareness of these upcoming issues.

1:25:44 The City of Springfield was also awarded $86,500 in regional bicycle enhancement grant funding to strengthen bicycle infrastructure. The funding supports the purchase and installation of public bicycle racks in locations lacking quality bicycle parking. The BPAC recommended considering equity, popularity, and security when installing these new features for Springfield. Outreach and community community engagement was led by Kelsey Moore, Springfield's transportation options specialist, and a majority of locations have been vetted with finalization to occur in 2024. Please review the rest of the report. Thank you for your time. Yeah, Kevin, could you email us a the

1:26:30 the copy of the report? Absolutely. All right, thank you. All right. Uh, last card I have Jeff and Scott. And I don't Are you guys testifying together or separately? Yeah. I heard separate and together at the same time. So, if if So, Why why don't we do this, right? There's two of you. I think you got Have you guys coordinated your comments? Why don't we team them up for 6 minutes? And but, you know, before you guys start, both of you read your name name for name and location for the record and then you guys can work through this.

1:27:15 Knew that. Dang it. Um, I'm Scott Linscheid. I'm president and COO of Jerry's Home Improvement Center and our store is located at 2525 Olympic Street. And I'm Jeff Choate, the loss prevention manager for Jerry's Home Improvement. I should have said good evening, mayor and counselors. Sorry. Uh, oh, well, I'm here tonight. Uh, I was going to read my notes, but I don't want to read them. So, um, um, I'm here representing our employee owners. Um, uh, on behalf of employee owners, I'm here to express our appreciation for the council's support of the of the uh, Springfield uh, Police Department. And specifically, uh, our issue has been the uh, um, tremendous loss that our uh, store is in Springfield is

1:28:00 receiving due to uh, retail theft. The number is in the hundreds of thousands of dollars. Just this last year. And it's way up over last year, even though we had lots of efforts to try to curtail that. So, we've had a couple of sting operations that the Springfield Police Department has done and we are encouraging to do more if they can and you with your support I'm hoping we can do so. Um the issue with my issue with the um I got to go fast. Uh is the uh as employee owners are uh that is their retirement and this money comes right out of their pockets. And uh you know, when they get ready to be uh get ready to retire uh that money needs to be there. So, um we need to figure out a way to to reduce

1:28:46 the amount of loss that we're getting. It's just uh being between um you know, Walmart of course and uh when WinCo or Wilco is uh is a problem and there's steady streams of traffic, kids, people on skateboards running in the store, running out. It's just been a real, real problem. Um I'm going to let Jeff talk right now about what the issues are. A couple of issues we face, I think it's uh common perception that well, don't companies like Jerry's have insurance that covers losses. The deductibles are through the roof. We're talking well over we're into the five figures. Um and so, that would be a tremendous loss and to lower the deductible would be an even greater cost. So, insurance doesn't help us and um when it comes to uh retail

1:29:31 prices, I think there's also a perception that well, Jerry's just raises the price went to cover those losses. We can't because our competitors don't. So, they have more buying power than we do, they can absorb more of this and and they do. Their their theft is even higher than ours in many cases. So, um as Scott said, this comes directly out of our employee owners' pockets and as as an ESOP, an employee stock ownership uh plan, we we have uh you know, our retirement funds are through Jerry's and so, comes right out of the bottom line from our team members. Um as Scott mentioned, we did a couple of sting operations with Springfield Police, so I'd like to to thank them for their uh help in in supporting us and and the council for giving them the the freedom to do those uh opportunities through those sting operations. Um we know that well, first of all, we'd like to do more of those, but those come

1:30:17 at a cost. I know there is funding through the state that's going to be made available this year for grant funding to help fund law enforcement activities such as that throughout the state. So, we are prepared to provide any support we can, whether it be helping with authoring the grant. I know that needs to come from a municipality, so it'll be submitted by Springfield or city of Springfield, but providing testimony will help out in any way we can. Nope, I think that's it. Thank you. I think we're done tonight. Thank you for your time. Thank you, guys. Um Neil, are there any uh online hands? I'm not seeing any hands for this item. Okay, is there any council response?

1:31:09 Thank you. Um I want to thank everyone for coming and providing testimony tonight. I think we um covered a lot of very important issues, which I really really appreciate. Um I just I when I saw Kevin, I used to be the council representative to the BPAC, and so and now it's Councilor Weber, and I was like, "The BPAC folks are here." Um and we have so many wonderful committees of volunteers, and the bicycle and pedestrian folks are so passionate and do such a great amount of work to try to improve the livability of Springfield, and I appreciate that. Um and I really also appreciate Scott and Jeff coming and talking about the challenges with Jerry's. I was not aware of that. We purchased our house in Ward 3 very close to Jerry's, and as we've

1:31:56 been renovating it, it's been a Jerry's one paycheck at a time. Um so, I really appreciate you bringing that to our attention here so that maybe we can see what what what what is even possible. And um, also I just think it's terrible that that's what's happening over there. And I know that you're not alone. Um, you know, the Walmart over there and the WinCo as well are the Wilco are having those issues. And I it's one of the um, things I love about that neighborhood. So to have those stores right there is so handy in such a um, what I think of as like a working-class neighborhood. And I would hate to see us lose those because of those behaviors. So thank you all for coming and sharing your concerns with us tonight. Joe.

1:32:42 Well, not much left to say. No, um, thank you from Jerry's. Really appreciate you folks coming in here. We don't hear that very often um, from businesses that are helped by our different departments or whether it's streets or or the PD or fire department. It's It's really good to hear that support. And I fully support that program in regards to the sting operations. Little more than 100% but probably right around 1,000%. And so if there is is any way in which uh, you folks can help the city vice versa in regards to um, getting some grant funding so we can get some more officers in there. I would love to send a very very clear message to those people that are coming in and taking things that don't belong to them. And we

1:33:27 could work very closely with our justice department where our Anybody knows what the the ADP of our jail is? Average daily population is? It's usually right around 48 to 58 out of a 100 bed facility. So we have room for those kind of non-shoppers. So I'd I'd love to see that rolling. So I'm very very highly encourage that. Thank you. Victoria. Yeah, I'd just like to piggyback on that too because I think it's sometimes we feel helpless because the police do what they can and then the people get right back out the next day. So, I wish there was a way that we could influence the court systems to actually start taking action cuz it doesn't do a lot of good for us to do all that work and then 2 days later they're back out on the streets doing the same thing. So, we need to send a clear message and I I'm not sure

1:34:12 what the answer to that is, but I would love to be a part of the solution. So. All right, and I'm I'm hoping you guys maybe you guys can connect with Chief Shearer or somebody at his office to connect especially if there's support for you know grant programs. I know that they're always interested in that and you know for the PD it's always great to hear hear this kind of feedback from folks, right? Jerry's is a great company. We're glad you're in this We're glad you're in this community. I feel like I do my home projects one check at a time and at least three trips on the same day. Um but if you could do two two things for us is just one stay connected to the PD about your your your needs. Um and the other piece would be uh if you could just summarize the the comments that you made in the importance

1:34:57 of you know their work uh the work the PD's doing um for your employees and your bottom line. I'm sure Chief Shearer would love to have that in an email that he can share with folks about the work that they're doing. Um and then couldn't the other note that I had is with the ice storm could somebody maybe help follow up about uh Mr. Prophet's issue with Quarry Street if the if the utilities Oh, well. You stole my thunder. You're already on it. Perfect. All right. Anybody else? I think Nancy. Thank you, Mr. Mayor. I just wanted to um let you know that I will talk to

1:35:43 Chief Shearer about uh helping out with respect to shoplifting and theft and I think every member of this community can be a part of supporting our local business owners. Um my father was a business owner and so I have a special place in my heart in shopping local. So, uh we do all of our shopping at Jerry's and I would encourage other people to do likewise. Thank you. Next item, please. Next item is business from the city manager. Item number one is extension of the winter ice storm emergency declaration. This is resolution number two. A resolution A resolution extending the city of Springfield order declaring a state of emergency issued on January 16th, 2024 to April 1st, 2024 and this is my item.

1:36:37 It's like you were I knew you were Now you're right over there, but we want to be official. Um good evening, Mayor and Council. Again, Neil Adady, your assistant city manager. Um here tonight to request an extension of the winter ice storm emergency declaration. Um while the declaration allows the city to request reimbursements from Lane County and the state, what it also allows us to do is maintain flexibility and out-of-the-box thinking to help our neighbors and community members uh through the ice storm and through um the response. Uh a couple of examples uh that we've been able to do with the emergency declaration uh for example, allowing us to quickly get through the complicated

1:37:23 contract work for the no-cost dumping sites over the last 3 weekends. Um the waving of the tree felling permits and then still the planning uh and EOC case-by-case basis with uh neighbors um helping them through whatever issues come to the front counter. It just allows us the flexibility to work more quickly. So we're asking again for emergency declaration to be extended approximately 6 weeks. The initial declaration was on the on January 16th. Council ratified it on the 22nd and it's set to expire on the 27th. Again, we're asking for an extension to April 1st and I also want to recognize Mary Bridget Smith who

1:38:09 assisted with this item. Are there any questions? All right. Only question I have is I know we're waiting on a FEMA declaration that goes into April. Is April 1st far enough? Well, I think what this allows us to do is revisit around that date and if we need to extend we can. Okay, perfect. Thank you. So I would like to actually make a comment too that El Rapha had responded to the request from the city to allow for backyard burning during this time frame which is typically prohibited and they also modified another one of I think it's title 26 where they modified the materials that are being that can be burnt to allow green and wet woods as opposed to those being prohibited. So

1:38:55 they're trying to do what they can and I really appreciated their level of cooperation and it was a unanimous vote by their entire board to allow that. So that's really cool and and you did a great job during that too. So I'd like to make a motion. I'd like to make a motion to adopt resolution two, a resolution extending the city of Springfield order declaring state of emergency issued on January 16th, 2024 to April 1st, 2024. Second. Could you call the vote Neil? Councilor Weber. Yes. Councilor Moe. Yes. Councilor Roddy. Yes. Councilor Blackwell. Councilor Doyle. I. Councilor Pishneri. Yes. Motion passes five yeses, zero no's, one absent. Next item, please.

1:39:52 Uh the next item is removing discrimina- discriminatory covenants from real property. This is resolution number three, a resolution directing the city attorney to petition Lane County Circuit Court for the removal of discriminatory restrictions ORS 93.270 for any and all city-owned real property that contains such restrictions. Jeff Passcols here for this item. Thank you, Mayor, Counselors. Um Jeff Passcols, city um your your community development director. Um here tonight with a pretty important topic. Um and I wouldn't be here except for the due diligence of our staff, um particularly Aaron Fifeield and our assistant city attorney in putting the work together to bring this packet to you. They really did all of the work to

1:40:38 what you see and what you've read tonight. Um but what occurred and what we found is when they were doing their due diligence and reviewing a property as they are looking for properties for development for affordable housing, they found a par- parcel that the city does own with these um racially discriminatory um covenants. Um and while these covenants, as you'll look and you read in the packet, aren't legally enforceable, I think it's really important that we get these removed as an example for other community members. Um and likewise, what they've done is they've put it on the website um how for other citizens, any other property owners, how if they discover these covenants on their deeds, how the process to go through, which is a free process to go through and petition the court. And so,

1:41:23 um with that, I'd open it up for discussion or any comments that the council may have. Actually, we're going to go to Nancy first and then we'll open up for council. Thank you, Mr. Mayor. I just wanted to recognize our uh community development team, Um Jeff, you included, and Aaron, and also our city attorney's office uh with Christina Craez. Um you know, I think that the best work is done by the people and the staff people that are actually on the ground doing the work every day and just in the course of their work um finding ways that we can do things better, finding ways that we can uh meet the council's goals. Uh this one being uh promoting diversity and inclusion in the city. And so, they actually brought this to our office and I you know, thought it was such a good idea and talked to you, Mr. Mayor, about placing this on the agenda.

1:42:09 Ordinarily, this would be just a housekeeping issue that we could have done internally. But we wanted to bring this before you tonight so that our community knows that they have the ability to do this as well. We have instructions, as Jeff mentioned, on the webpage and it's free of charge uh to anybody who would want to do this. I would say, you know, if you have an older home, uh might be worth looking into, probably, you know, pre-1960s. Um but, you know, it's I think it's a it's a great example that uh comes from our staff and I think I want to uh congratulate Jeff's leadership in making that happen. All right, thank you. Any other com- Victoria? So, I want to say thank you as well. I actually, in my regular job, work with deeds and records, and it was only two maybe two weeks ago when I came across

1:42:54 one of the things that you're exactly talking about and I wish I knew that that stuff was there, but when you actually see it in black and white, it is um it just gets you to your core. And so, I am very pleased with our city for taking action on this and for being willing to take a stand. I hope that the city across the river, if they haven't, that they will consider doing that as well cuz it needs to happen. All right, thank you. Anybody else? All right. Joe? I'd like to make a motion to adopt resolution number two uh three, uh resolution directing the city attorney a- to petition Lane County Circuit Court for the removal of discriminatory restrictions ORS 93.270 for any and all city-owned real property

1:43:39 that contains such restrictions. Second. You know, could you call the vote, please? Yes, Counselor Weber. Yes. Counselor Mowe. Yes. Counselor Roddy. Yes. Counselor Blackwell. Counselor Doyle. Aye. And Counselor Piscinery. Yes. Motion passes five yeses, zero noes, one absent. Next item, please. Next item is the Community Development Block Grant substantial financial year 2023 amendment. Um this item needs a motion and Aaron Fife will be here for this item. Hello again. Um tonight I'm looking for your approval of a substantial amendment of a prior year

1:44:24 Community Development Block Grant CDBG action plan that would reallocate about $117,000 towards the city's down payment assistance program. As mentioned previously, uh the SHOP program provides homeowner homeownership assistance to low-income households to purchase a home here in Springfield. Uh since the city re- ramped the program in 2022, we have seen a greater demand um given market conditions and for use of these funds. In the past year, the city has completed six loans for homeownership, three of which were just completed in December of 2023. As such, the city has spent nearly all of its allocated funding for this program, requiring us to pause the program before additional funds can be

1:45:09 made available. At the same time, um when staff are looking at other CDBG projects that may not be moving forward as quickly, um we identified $117,548 that have been allocated toward the toward the strategy to essentially help us acquire land for affordable housing. Um that strategy um those funds were allocated toward that strategy before the city received $1.5 million in ARPA funds that have also been allocated for that purpose and are actually more flexible to use. So, as we've been undertaking the most recent land acquisition process, we've been relying on ARPA funds and we're actually successful in closing on a property just

1:45:54 a couple weeks ago, 16th Main Street um that we now own. Um as such um we are proposing here tonight to reallocate um that initial CDBG allocation toward the SHOP program um and continue to use ARPA to buy land as the initial intent. Um this proposal went through the CDBG public participation process of the city. It um was published for 30 days um for comment. The Community Development Advisory Committee met in February to discuss the proposal and is recommending that council approve the amendment. Joe. I just want a point of clarification.

1:46:40 On the resolution as written says 107,000 548 and on the documentation within the packet indicates 117,548. So, I wanted to confirm that it is 117,548 cuz that's what you actually said. Yes, correct. Um it is 117,000. I did make that correction um in the the CDAC um I thought I tried to correct it, but yes, it is the the larger number, the 117,000. We could correct it that way. I knew that. I'll make sure that when I do the motion. Corey. Thank you. Um two things. One, yay on Main Street. I'm very excited about that. I think you mentioned that to me a week or two ago

1:47:25 and I was really excited to hear that that came together so fast. Um, and I know it probably goes without saying, but I just want to continue to say that I'm completely supportive of this and the more we can help folks purchase homes in Springfield and become homeowners, I just think that's really exciting. So, I will fully support this. Sure. I'd like to make a motion to approve the substantial amendment to the Community Development Block Grant fiscal year 2023 annual action plan to reallocate $117,548 toward the Springfield Home Ownership Program. Second. You know, could you call the vote, please? Yes, Council Weber. Yes.

1:48:10 Council McHugh. Yes. Council Roddy. Yes. Council Blackwell. Council Doyle. Aye. And Council Piscinery. Yes, thank you. Motion passes five yeses, zero nos, one absent. Next item, please. Any other business from the city manager? No further business, thank you. Any business from the city attorney? Uh, just one quick additional item on the uh, racially discriminatory um, covenants. We've already On occasion, we have people call our office wanting to know about different legal things and we've already been able to direct people to that webpage with the city. So, people are interested in this and um, so it's good to hear. Anyway, something that's important to the public. Great, thank you. All right. We are adjourned. Thank you, everybody. Have a good night. Nathan.