HomeMy WebLinkAbout09/26/2005 Regular
-r- 1
City of Springfield
. Regular Meeting
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY SEPTEMBER 26, 2005
The City of Springfield council met in regular session in the Council Meeting Room, 225 Fifth
Street, Springfield, Oregon, on Monday, September 26, 2005, at 7:40 p.m., with Council
President Woodrow presiding.
ATTENDANCE
Present were Councilors Woodrow, Ballew, Fitch, Ralston, Lundberg, and Pishioneri. Also
present were Assistant City Manager Cynthia Pappas, City Attorney Joe Leahy, City Recorder
Amy Sowa and members ofthe staff.
Mayor Leiken was absent (excused).
BUSINESS FROM THE CITY MANAGER
1. Final Decision by City Council Regarding an Appeal of the Planning Commission's
Approval of a Soup Kitchen and its Associated Services at the American Legion Post #40.
Case Number ZON2005-00036.
.
City Planner Kitti Gale presented the staff report on this item. On September 19,2005 the City
Council tentatively approved two motions denying a soup kitchen and its associated services as a
non-conforming use and as a new discretionary use at the American Legion Hall Post #40 at 344
Sth Street. The council requested that the staff prepare findings for council consideration and
possible adoption at the September 26, 2005 City Council Special Session.
Attachment A contains background information and draft fmdings of fact in ~upport of the City
Council's September 19, 2005 motions passed by the council following the public hearing on this
contested case appeal. Two motions were passed. The frrst motion was to tentatively deny the
soup kitchen as a grandfathered use under Springfield Development Code Article 5 based upon
the absence of evidence in the record that this type of activity has historically occurred at the site.
The second motion was to tentatively deny the soup kitchen and its associated uses as a new
discretionary use based on the absence of evidence in the record that the proposal is consistent
with the criteria of approval at Section 10.030 of the Springfield Development Code. Both
motions included direction that staff return with proposed fmdings supporting the two tentative
decisions.
.
The council's Springfield Development Code fee schedule contains a note calling for the refund
of appeals filing fees, "for all appeals" in cases when appellants prevail. Upori adoption of the
attached final order the Development Services Department will issue the appellant a refund of the
appeal filing fees (unless the order is appealed to the Land Use Board of Appeal~
Ms. Gale noted a correction on page 6 of Attachnient A. She said the frrst sentence of the FINAL
CONCUJSION should read, "Based on the evidence and testimony presented in the whole
record, and on the findings and conclusions presented above, the July 12, 2005 decision of the
Planning Commission to approve a soup kitchen at the subject site is hereby REVERSED
(
J
.t
.
.
.
,~
City of Springfield
Council Special Regular Meeting Minutes
September 26, 2005
Page 2
because a soup kitchen is not allowed at the subject site pursuant to the Springfield Development
Code."
Ms. Gale also noted a letter that was received last week, prior to September 19, but had been
routed to another location. She had just received the letter today. It was a letter commending
GOREAP for their services. Ms. Gale entered the letter into the record and distributed copies to
the council.
Councilor Ballew recused herself from this item due to a prior bias.
Councilor Fitch thanked staff for the documents from last week allowing her time to review the
previous documentation and current findings. She said staff had done a good job in putting
together the information.
Ms. Gale said she had help from other staff members as well.
Councilor Lundberg said she would like to make some recommendations for findings based on
the evidence in the record. She said she had two points, which she read.
1. The building has not typically been used historically for public events - that is the events
held there have been by invitation rather than "open to all comers".
2. Although it has been used sporadically over 50 years for different purposes which may
also not be permitted or grandfathered uses, those uses have neither been consistent with
the operation of a public soup kitchen nor are they at issue in this appeal other than
whether such uses are consistent with that of a public soup kitchen.
Councilor Lundberg asked that the two points listed above be included as part of the fmdings.
Mr. Leahy said that ifthere was an affirmative motion, he would recommend that those be added
to the findings and be provided to the City Recorder for approval.
Councilor Fitch asked if those would be added as findings # 16 and # 17. That was correct. She
said the soup kitchen was a very worthwhile endeavor, but after reading the information from last
week and the fmdings this week, she did not feel that it met the standards or the allowable use
within that facility. She agreed with the fmdings and the tentative decision made last week.
Councilor Woodrow said the council were all in agreement that the soup kitchen had done a lot of
good, but in accordance with the findings, it was not the right location.
Councilor Lundberg asked if a separate motion needed to be made to accept the two additional
findings.
Mr. Leahy stated that the motion could be to approve including recommended fmdings #16 and
#17.
IT WAS MOVED BY COUNCILOR FITCH WITH A SECOND BY COUNCILORS
LUNDBERG AND RALSTON TO ADOPT THE FINDINGS AND THE FINAL ORDER TO
REVERSE THE PLANNING COMMISSION'S JULY 12, 2005 DECISION TO ALLOW THE
SOUP KITCHEN AT THE AMERICAN LEGION PROPERTY AT 344 8TH STREET AND
1".-' . ~
.
.
.
City of Springfield
Council Special Regular Meeting Minutes
September 26, 2005
Page 3
INCLUDE FINDINGS #16 AND #17 AS READ BY COUNCILOR LUNDBERG. THE
MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. (COUNCILOR BALLEW
DID NOT PARTICIPATE)
BUSINESS FROM THE CITY ATTORNEY
ADJOURNMENT
The meeting was adjourned at 7:49 p.m.
Minutes Recorder Amy Sowa
Attest:
Ciry~