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HomeMy WebLinkAbout08/18/1997 Regular )'. . . . . MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, AUGUST 18,1997 The City of Springfield Council met in Regular Session in the Springfield City Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, August 18, 1997 at 7:03 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette and Councilors Ballew, Burge, Maine and Shaver. Councilors Beyer and Dahlquist were absent (excused). Also present were City Manager Mike Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy, Administrative Aide Shari Higgins, and members of staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Morrisette. SPRINGFIELD UPBEAT 1. City Manager Mike Kelly recognized Dick Evenson, Fire and Life Safety Department, for 25 years of service to the City of Springfield. 2. City Manager Mike Kelly recognized Dennis Shew, Fire and Life Safety Department, for 20 years of service to the City of Springfield. 3. City Manager Mike Kelly recognized Gary Colwell, Public Works Department, for 15 years of service to the City of Springfield. 4. City Manager Mike Kelly recognized Frank Hotchkiss, Human Resources Department, for 15 years of service to the City of Springfield. 5. City Manager Mike Kelly recognized Richard Jones, Police Department, for 10 years of service to the City of Springfield. CONSENT CALENDAR IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT THE CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. COUNCILORS BEYER AND DAHLQUIST WERE ABSENT (EXCUSED). 1. Claims a. June 1997 Disbursements for Approval b. July 1997 Disbursements for Approval . , . . . City of Springfield Regular Meeting - 8/18/97 page 2 2. Minutes a. June 23, 1997 - Joint Meting with Urban Forest Advisory Committee b. June 23, 1997 - Work Session c. June 30, 1997 - Special Meeting d. June 30, 1997 - Work Session e. July 16, 1997 - Special Meeting 3. Resolutions a. RESOLUTION NO. 97-38 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-025: 565 HARLOW ROAD SANITARY SEWER IMPROVEMENTS 4. Ordinances 5. Other Routine Matters a. Approval of the June 1997 Quarterly Updated Financial Reports b. Award the following contract and authorize the City Manager to execute a contract to Hughes Fire Equipment, Inc./Pierce Manufacturing, Inc., in the amount of $644,858 for the construction and delivery of one, Pierce Aerial Platform unit. c. Award bid for Project 2-037: 1997 Slurry Seal, to Asphalt Maintenance Associates, Inc. in the amount of$131,107.88 PUBLIC HEARINGS BUSINESS FROM THE AUDIENCE 1. Al Rush, 906 5th Street, Springfield, inquired as to why all driveways on 5th Street are being painted yellow. He asked what process to use to get the yellow removed from his driveway. Traffic Engineer Brian Barnett met privately with Mr. Rush to explain why the painting was done and the city's policy regarding driveway painting. 2. Cluadete Eikenberry, 2380 A Street, Apt. 3, Springfield, spoke in support ofthe two topics discussed earlier in the work session. The first being the median on Main Street, with an additional suggestion that the speed be lowered to 35 miles per hour along the entire street. Second, there are more and more pedestrians crossing on Main Street and the city should properly address pedestrian safety. 3. W.G. Willie Combs, 334 Scotts Glenn, Springfield, spoke regarding the Correspondence and Petition item from Jerry Williams. He felt the Fire-Med banner should be left in place, as it provides advertising for a positive and very useful city service. - 4. Richard MacKenzie, 1125 58th #91, Springfield, spoke as a concerned citizen. He said the mobile home park he lives in (Golden Oaks Mobile Home Park) received a letter from the city alerting them that they were in violation of the city's fence standards. No one signed the letter and there was no date on the letter, which also did not provide a deadline. He provided council with a copy of the letter the park management received and discussed Section 16.010 of the Springfield Development Code (SDC). . , City of Springfield Regular Meeting - 8/18/97 page 3 . Mr. MacKenzie said he can not find any wording from the City of Springfield in any code that states specifically that razor wire can not be used. He spoke of reasons the park uses the wire, mainly due to crime activity. 5. Jan A. Zurcher, Golden Oaks Mobile Home Park, 1125 58th Street, Springfield, explained she and her husband manage the park. After five break-ins, management added razor wire to their fence and have had no crime problems since. Ms. Zurcher stated the barbed wire has been in place for over 20 years, but the razor wire was recently added. Ms. Zurcher reiterated the frustration that Mr. MacKenzie expressed with the code, but said staff had been very helpful. Others in the community have barbed and razor wire fences and she felt they were being treated in an unfair and selective manner. She said they have received a 60 day extension, but are still confused as to the deadline date, per the original letter. . Mayor Morrisette said there is a citywide equity issue regarding enforcement. He felt staff will drive by some businesses which are in non-compliance but that other businesses will be cited for the same issues. Mr. Leahy quoted SDC Section 1.030, "Land may be used, or developed by land division or otherwise, and a structure may be used or developed by construction, reconstruction, alteration, occupancy or otherwise, only as the Code permits." He explained uses which are permitted in a zone are listed, but not all uses which can not be used are not listed, as it would be impossible to think of every intended use. Council discussed whether or not this is a zoning issue of what zones allow different types of fencing materials or it is a fence issue alone. Mr. Leahy clarified the SDC is written with exclusionary zoning, which is the style used for most codes. Councilor Shaver led a discussion regarding the issuance of fence permits and enforcement procedures. He suggested staff be allowed to review the issue and respond to council prior to a decision being reached. Since an extension had been granted, the time frame would work for both parties. Councilor Burge agreed and ask that this issue be returned to council prior to any enforcement action occurring or fine being issued. Councilor Maine also supported review of the situation, as well as the topic of fence standards in general. Council discussed the complaint only program for code enforcement and the appropriateness of continuing with current policies. Mr. Kelly said staff would not continue enforcement of the Golden Oaks Mobile Home Park property until further information and a staff response was presented to council. Council asked that a copy of the Planning Commission discussion regarding the topic of barbed and razor wire fences be provided to them. . 6. Tim Kerr. 381 S. 35th Street, Springfield, spoke under Business from the Audience, and also submitted a correspondence and petitions item (see #2, below). Mayor Morrisette said council had read Mr. Kerr's correspondence/petitions submission. Mr. Kerr explained the city took a piece of property to create a cul-de-sac in 1972 and he and the other property owners listed on the petition would like the property back under their ownership. He has received vacation right-of-way information from staff and has been told the fee associated with the application is $900. He asked council to waive the fee for the vacation application process. . . I, City of Springfield Regular Meeting - 8/18/97 page 4 . Public Works Director Dan Brown explained vacation requests are processed through the Development Services Department with assistance by Public Works Department staff. He said the fee is large due to mailings required by state law. He reviewed the written response provided in the agenda packet and said the properties were dedicated by previous owners when the property was originally subdivided and a right-of-way was requested for a possible future street. At this time the city does not foresee a need for a street, but the request would still need to be fully reviewed by staff prior to any decision being issued. He explained the only issue currently is whether or not the city will waive the fee, per Mr. Kerr and the current property owners request. Councilor Maine asked if any of the owners are the same as they were in 1972. Mr. Brown replied that all are new property owners, except one, who did not sign the petition. Councilor Burge stated there would be a cost benefit to the property owners to pursue the vacation process, as they would be gaining valuable land. Councilor Shaver said the city operates in good faith, but street plans do change. Since it appears that a cul-de-sac is currently not critical, he suggested the property owners all share the cost of the application fee and submit for a vacation of the right-of-way. He felt the city could not waive the fee, since property owners would gain additional land and it would be a financial benefit to them. . By consensus, council agreed not to waive the application fee, but encouraged Mr. Kerr to speak with his neighbors and jointly pay the fee and make a vacation right-of-way request. CORRESPONDENCE AND PETITIONS 1. Correspondence from Jerry Williams, University of Oregon, 1231 University of Oregon, Eugene, expressing concern over the placement of FireMed advertisement sign outside Springfield City Hall. Councilor Burge questioned whether or not the complaint was from Jerry Williams personally or from the University of Oregon. IT WAS MOVED BY COUNCILOR SHAVER, TO ACCEPT THE CORRESPONDENCE FOR FILING AND REPLY THAT COUNCIL FELT THE FIRE-MED SIGN WAS MORE APPROPRIATE THAN THE BALANCING ACT STATUE. THE MOTION DIED DUE TO LACK OF A SECOND. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BURGE, TO ACCEPT THE CORRESPONDENCE FOR FILING. THE MOTION PASSED WITH A VOTE OF 3 FOR AND 1 AGAINST (SHAVER). COUNCILORS BEYER AND DAHLQUIST WERE ABSENT (EXCUSED). 2. Correspondence/petition from Tim Kerr, 4315 Main Street, with three signatures, requesting a right-of-way vacation. . IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ACCEPT THE CORRESPONDENCE FOR FILING. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. COUNCILORS BEYER AND DAHLQUIST WERE ABSENT (EXCUSED). a . . . . . . City of Springfield Regular Meeting - 8/18/97 page 5 3. Correspondence from Mrs. Betty Binnebose, 2206 J Street, requesting street improvements to the area of 2206 J Street. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ACCEPT THE CORRESPONDENCE FOR FILING. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. COUNCILORS BEYER AND DAHLQUIST WERE ABSENT (EXCUSED). Councilor Shaver asked if the Maple School lot was actually a parking lot. Staff responded, that it is not an official parking lot, although it is used quite frequently for parking purposes. Mayor Morrisette said he recently had a discussion with School District 19 Superintendent, Jamon Kent regarding the site. Mr. Brown replied (per the staff response) that the asphalt mat only covers the middle of the street and the city only provides mats on sub-standard streets. He said the City's Maintenance Division recently did significant work on the street, including: asphalt patching, three foot to four foot widening of the asphalt mat, and compacting of crushed rock in the parking area in the front of the school. Councilor Shaver said the neighbors should be required to pursue the city's standard process for street improvements and thanked staff for their recent maintenance work. By consensus, council agreed with Councilor Shaver. ORDINANCES 1. Adoption of Revised Chapter 6, Vehicles and Traffic, Springfield City Code ORDINANCE NO. 5861 - AN ORDINANCE ADOPTING A REVISED CHAPTER 6 VEHICLES AND TRAFFIC OF THE SPRINGFIELD CITY CODE 1965 AND DECLARING AN EMERGENCY. Councilor Ballew asked why roller blading or roller skating can not occur in the street. Ms. Stein replied that streets are motorways and neither blading or skating is allowed. Management Analyst Eileen Stein provided an overview of the chapter revisions. She said this chapter is being presented to council in advance of the balance of the code, which will be before council in the near future for adoption. This chapter has been changed, so the Police Department can take advantage of their new organizational structure and permit more efficient operations. One change will be to allow the Community Service Officer's to enforce the full spectrum of parking, by changing the code regulations. Ms. Stein said until the balance of the code is adopted, the numbering will be inconsistent, as the new code will all be renumbered. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT ORDINANCE #5861. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. COUNCILORS BEYER AND DAHLQUIST WERE ABSENT (EXCUSED). ... . ,,/"'a- . . . City of Springfield Regular Meeting - 8/18/97 page 6 BUSINESS FROM THE CITY COUNCIL 1. Councilor Shaver said he recently patronized the Main Street Bar and Grill. He said the food was good and the atmosphere was a great improvement. The change in ownership is also helping to decrease the crime rate in downtown Springfield. 2. Councilor Maine reminded all present the Filbert Festival would be held August 22, 23, and 24. Mayor Morrisette invited all present to attend his Mayor's Pancake Breakfast on Sunday, the 24. 3. Mayor Morrisette reported he attended the Annual Oregon Mayor's Conference this on August 14, 15, and 16. He provided an update on the conference and highlight efforts to receive statewide support for a transportation package. He said the outcome of the efforts, with input from the Oregon Department of Transportation (ODOT) is to have more decisions made at the regional level versus the state level. This will assist future transportation packages and help local governments. BUSINESS FROM THE CITY MANAGER Administrative Aide Shari Higgins provided an update on rhe current recruitment period for city boards, commissions and committees. She said currently five groups had vacancies, including, the Arts Commission, Bicycle Committee, Community Development Advisory Committee, the Library Board, and the Metropolitan Wastewater Management Commission. Ms. Higgins reminded the Mayor and council that the recruitment closing date was August 27 at 5:00 p.m. BUSINESS FROM THE CITY ATTORNEY Mr. Leahy said the Mayor and each councilor member received a memo from the City Attorney's Office in their boxes in the City Manager's Office. He asked that they be read promptly. ADJOURNMENT The meeting was adjourned at 8:30 p.m. Minutes Recorder - Shari Higgins ATTEST: '" qrlR-O.' (q 1cJJ}J/V Ci Recorder -