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HomeMy WebLinkAbout11/03/1997 Regular . . . '- ;. MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, NOVEMBER 3, 1997 The City of Springfield Council met in regular session in the Springfield City Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, November 3, 1997, at 7:05 p.m., with Council President Shaver presiding. ATTENDANCE Present were Council President Shaver and Councilors Ballew, Beyer, Burge, Dahlquist and Maine. Mayor Morrisette was absent (excused). Also present were City Manager Mike Kelly, Assistant City Manager Gino Grimaldi, City Attorney Tim Harold, Administrative Aide Shari Higgins and members of staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council President Shaver. INVOCATION The Invocation was led by Reverend Ian Ross, Thurston Community Baptist Church SPRINGFIELD UPBEAT CONSENT CALENDAR IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BEYER, TO ADOPT THE CONSENT CALENDAR WITH ITEMS 5 D AND E REMOVED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims 2. Minutes a. October 20, 1997 - Joint Meeting with Springfield Utility Board b. October 20, 1997 - Regular Meeting c. October 27, 1997 - Work Session 3. Resolutions a. RESOLUTION NO. 97-47 - A RESOLUTION TO ACCEPT PROJECT 1-865. SOUTH A STREET TRUNK STORM SEWER REPLACEMENT. FROM MEZA CONSTRUCTION. INC., IN THE AMOUNT OF $1.221.253.34. b. RESOLUTION NO. 97-48 - A RESOLUTION TO ACCEPT PROJECT 1-960. TRUNK SANITARY SEWER PUBLIC IMPROVEMENT IN SOUTH 32ND STREET/JASPER ROAD CORRIDOR. FROM EGGE SAND AND GRAVEL. L.L.C. IN THE AMOUNT OF $1.236.885.25. . . . "-' . . Regular Meeting Minutes November 3, 1997 Page 2 c. RESOLUTION NO. 97-49 - A RESOLUTION OF THE CITY OF SPRINGFIELD COMMON COUNCIL CONCURRING WITH THE PROPOSAL FOR THE FORMATION OF THE SHERIFF'S LAW ENFORCEMENT DISTRICT. d. RESOLUTION NO. 97-50 - A RESOLUTION TRANSFERRING AND REAPPROPRIATING FUNDS IN THE SEWER OPERATIONS FUND. 4. Ordinances 5. Other Routine Matters a. Approve Endorsement of OLCC Liquor License Application for Giant Burger Restaurant at 3760 Main Street, Springfield, Oregon. b. Approve Endorsement ofOLCC Liquor License Application for Jazzie's Deli at 541 West Centennial Blvd., Springfield, Oregon. c. Approve Endorsement of OLCC Liquor License Application for Los Campeones, Formally El Dorado/Las Palmas Mexican Restaurant #2, Inc., Located at 1537 Mohawk Blvd., Springfield, Oregon. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. Other Routine Matters d. Approve Endorsement ofOLCC Liquor License Application. for McKenzie Ballroom, Formerly Hard Knox Martial Arts, Located at 630 Main Street, Springfield, Oregon. e. Approve Dance Hall License for the McKenzie Ballroom Facility, Formerly Hard Knox Martial Arts, Located at 630 Main Street, Springfield, Oregon. Councilor Burge stated his concern over approving another liquor license in the downtown area, with the addition of a dance hall. He asked if it is appropriate to have such businesses continue to exist, even under new ownership. Councilor Shaver asked for staff's recommendation regarding the application. Building Official Dave Puent said the council previously denied an application at the, same location due to the dispensing of alcoholic beverages, but that no police activity or specific concerns have arisen under the new ownership. He also said a wall would be constructed to separate the alcohol dispensing section from the dance hall section. Councilor Beyer asked if age is verified for people under the age of 21 who are present at the dance hall during alcohol dispensing hours. Mr. Puent replied yes, but reiterated the plans to separate the two areas. Councilor Burge again voiced his concern, but said he would support the approval with a specific time period set for review. He asked staff to make sure and bring any enforcement issues back to council in a timely manner. . . . - . , .... Regular Meeting Minutes November 3, 1997 Page 3 IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BURGE, TO APPROVE ITEM 5 E, DANCE HALL LICENSE, WITH A CONDITION OF A SIX- MONTH REVIEW AND REPORT TO THE CITY COUNCIL. IF THERE ARE ANY NEGATIVE ASPECTS TO THE BUSINESS PRIOR TO THE SIX-MONTH REVIEW, THEN THE APPROPRIATE ENFORCEMENT ACTION SHOULD OCCUR AND COUNCIL SHOULD BE NOTIFIED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR BURGE TO APPROVE THE OLCC LIQUOR LICENSE APPLICATION FOR MCKENZIE BALLROOM. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. PUBLIC HEARINGS I. Yard Debris Pickup Ordinance. ORDINANCE NO.1 - AN ORDINANCE PROVIDING FOR THE PICKUP OF RESIDENTIAL YARD DEBRIS AND AMENDING CHAPTER 4 OF THE SPRINGFIELD MUNICIPAL CODE OF 1997 (FIRST READING). The staff report was presented by Management Analyst Len Goodwin. He explained this ordinance is identical to the ordinance reviewed by council in a recent work session meeting. The ordinance will allow Sanipac to pick up five bags per residence at a charge of $4.00 for first bag and $1.00 each additional bag. Mr. Goodwin said this service would not totally replace the brush chipping program, which was an eliminated city service, but would allow residents to have a portion of service through a private source. Mr. Goodwin reported Sanipac is still investing the development of a chipper program such as the past beautification or clean-up service which was also eliminated by the city. The trial period for this type of service will be during the upcoming Leaf Pick Up Program in December and another clean-up program to possibly occur in April. This would be set by the city and would give council a clearer picture of the service; after it was conducted two times. Councilor Ballew clarified the timeframe for the Leaf PickUp Program. Councilor Burge stated his appreciation to Sanipac for their willingness to bridge the gap in the city's annual Leaf Pick Up Program. He said he was very impressed that General Manager John Hire has been so helpful and is continuing their partnership with the city in trying to make new programs work without any tax subsidies or rate increases from the citizens of Springfield. Council President Shaver opened the public hearing. No one appeared to speak. Council President Shaver closed the public hearing. There was no action, as this was a first reading of the ordinance. 2. Amendments to the Springfield Development Code Regulating Fence Height, Materials, and Minimum Development Area for Manufactured Dwelling Parks - Journal Number 97-10-226. . . . "... . . R~gular Meeting Minutes November 3, 1997 Page 4 ORDINANCE NO. 5864 - AN ORDINANCE REGULATING FENCE HEIGHT AND MATERIALS BY AMENDING THE SPRINGFIELD DEVELOPMENT CODE ARTICLE 2 DEFINITIONS: ARTICLE 16 RESIDENTIAL ZONING DISTRICTS: ARTICLE 18 COMMERCIAL ZONING DISTRICTS: ARTICLE 20 INDUSTRIAL ZONING DISTRICTS: ARTICLE 21 CI CAMPUS INDUSTRIAL DISTRICT: ARTICLE 22 MS MEDICAL SERVICES DISTRICT: ARTICLE 23 PLO PUBLIC LAND AND OPEN SPACE DISTRICT; ARTICLE 31 MINIMUM DEVELOPMENT STANDARDS AND SITE PLAN REVIEW STANDARDS: AND REGULATING THE MINIMUM AREA OF MANUFACTURED DWELLING PARKS BY AMENDING ARTICLE 36 MANUFACTURED DWELLING STANDARDS (10. NO. 97-10-226). AND DECLARING AN EMERGENCY. The staff report was presented by Planning Manager Greg Mott. He reminded council of past work and regular sessions where the topic of fence standards and regulations were discussed. Mr. Mott also eXplained the role the Planning Commission has taken on the subject. . Mr. Mott said the changes would allow an additional two feet in height for architectural features, open 50% to air and light (i.e., lattice treatment) and that a chain link fence would also meet the standards, where residential properties abut parks, schools, or four-lane roads, then property owners would be allowed to construct an eight foot fence. When property is 20,000 feet or larger, then an electric or barb-wire fence would be allowed. Mr. Mott verified that any type of razor wire fencing would require discretionary use approval by the Planning Commission. ( Mr. Mott said the Planning Commission reviewed specific discretionary use standards for fences and the emphasis was on both security and noise factors. Since discretionary use .. approval would be required when Springfield Development Code (SDC) regulations were sought to be altered, height, materials and other circumstances would be discussed by the Planning Commission. Mr. Mott further explained most fences higher than that allowed in the SDC and needing discretionary use approval would also require a construction/building permit. Mr. Mott said the Planning Commission had one member of the community speak at their public hearing on fence standards. The person was concerned that vegetation would be used as a barrier and would not be considered as a fence standard. The Planning Commission did not include any reference regarding vegetation in their recommended ordinance. Council discussed aspects of the proposed fence standards, such as commercial screening, fence height variance modifications and lattice construction. Councilor Ballew clarified that razor wire fencing, if allowed, would not be a liability to city if it was approved by the Planning Commission. Council President Shaver opened the public hearing. 1. June Ann Locklear, 2261 5th Street, Springfield, spoke about her experience with tall vegetation surrounding her property and urged the council to modify the definition of a fence. She felt vegetation height limits should be the same as fence height limits and spoke specifically about her lot and the need for light to maintain her quality of living. . . . '- . . Regular Meeting Minutes November 3, 1997 Page 5 Council President Shaver closed the public hearing. Councilor Burge responded to Ms. Locklear and said since the city is allowing development of smaller lots currently, that taller trees or hedges surrounding a lot would be very confining if it occurred on three sides of a lot. Councilor Maine agreed, but questioned how landscaping standards differ from fence standards. She felt vegetation is a large item and should not be considered during this public hearing. Councilor Shaver stated he would like to see further review of vegetation issues by the Planning Commission and also seek input from staff. He thanked the Planning Commission for their thorough review of the fence standards. He favored the look of eight foot fences in residential zoning with two feet being lattice of open air of at least 50%. ' Councilor Burge also supported the ordinance, but suggested omitting the language which would allow eight foot fences in residential zoning. He favored the use of higher fences in all zones, excluding residential, unless abutting to commercial or industrial zoned properties. Councilor Beyer said they just built a four foot fence with two feet of lattiCe, to keep within the current fence standards and still have a decorative effect. Council discussed the height of fences both with and without lattice. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT ORDINANCE NO. 5864, WITH THE EXCLUSION OF SECTION 2, (1) (A) 6, AND DECLARING AN EMERGENCY. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST. COUNCILOR SHAVER WAS OPPOSED, MAYOR MORRISETTE WAS ABSENT (EXCUSED). Mr. Kelly asked what council's preference was regarding the issue of vegetation. Councilor Shaver suggested staff provide additional information on the topic, including setbacks and solar regulations. Councilor Maine suggested this information be provided to council via their weekly Communication Packet. BUSINESS FROM THE AUDIENCE COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS BUSINESS FROM THE COUNCIL 1. Committee Appointments a. Police Planning Task Force Application Review/Appointment. . . . Lr .. . Regular Meeting Minutes November 3, 1997 Page 6 Councilor Maine said she was unavailable to attend the last Police Planning Task Force (PPTF) meeting when the application was reviewed, but she supported the appointment based on the recommendation of both the task force and staff. Councilor Burge opposed the appointment because the applicant, although an employee of Willamalane, does not reside in Springfield. Captain Jerry Smith, representing the Police Department, said Mr. Cable was the only applicant, but was recommended by Willamalane Park and Recreation District. Councilor Maine said two members of the task force can reside outside of Springfield and only one person lives outside Springfield now. Councilor Shaver said Mr. Cable is qualified through his job as aquatics manager and he would not support him if he did not think he was qualified based on his application and knowledge of the individual. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO APPOINT STEVE P. CABLE TO REPRESENT WILLAMALANE PARK AND RECREATION DISTRICT ON THE POLICE PLANNING TASK FORCE. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST. COUNCILOR BURGE WAS OPPOSED. BUSINESS FROM THE CITY MANAGER BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned at 8:10 p.m. Minutes Recorder - Shari Higgins fE-.~ Greg S r Coun I PreSIdent ATTEST: lUQ;j~