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HomeMy WebLinkAbout12/01/1997 Regular . . . . ',"10 MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, DECEMBER 1,1997 The City of Springfield council met in regular session in the Springfield City Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, December 1, 1997, at 7:00 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette and Councilors Beyer, Burge, Dahlquist, Maine and Shaver. Councilor Ballew was absent (excused). Also present were City Manager Mike Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy, Senior Management Analyst Rosie Pryor, Administrative Aide Shari Higgins, and members of staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Morrisette. ' INVOCATION The Invocation was performed by Reverend Bobby Nott, Faith Temple. SPRINGFIELD UPBEAT Mayor Morrisette introduced Police Chief Bill DeForrest who recognized Springfield Police Department Dare Officers Scott Molaski and Rozina Clough for Participation in the DARE Mentor Officers Training Program. Mayor Morrisette asked for schedules for officers Molaski and Clough, in hopes that council members could attend a few of their classes. Mayor Morrisette also acknowledged Bobby Nott and his wife for the wonderful breakfast held the Sunday prior to Thanksgiving, which fed approximately 300 people in the community. 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 5 FOR AND 0 AGAINST. COUNCILOR BALLEW WAS ABSENT (EXCUSED). 1. Claims 2. Minutes 3. Resolutions a. RESOLUTION NO. 97-53 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-011, NORTH STREET SANITARY SEWER FROM 39TH STREET TO FILBERT LANE. b. RESOLUTION NO. 97-54 - A RESOLUTION TO ACCEPT THE CITY OF SPRINGFIELD'S INVESTMENT AND PORTFOLIO POLICY. 4. Ordinances 5. Other Routine Matters City of Springfield . Regular Session Meeting - 12/1/97 Page 2 . PUBLIC HEARINGS 1. Amendment to the Springfield Development Code Concerning the Regulation of Home Occupations, the Jurisdiction of the Hearings Official and Springfield Planning Commission, and the radius of Mailed Notice. ORDINANCE NO. 5867 - AN ORDINANCE ELIMINATING PERMITTING REQUIREMENTS FOR HOME OCCUPATIONS: REPLACING THE HEARINGS OFFICIAL WITH THE SPRINGFIELD PLANNING COMMISSION FOR CERTAIN LAND USE HEARINGS IN THE URBAN TRANSITION AREA; AND REDUCING THE RADIUS OF MAILED NOTICE OF LAND USE APPLICATIONS FROM 300 FEET TO 100 FEET BY AMENDING THE SPRINGFIELD DEVELOPMENT CODE ARTICLE 3 DEVELOPMENT APPROVAL AND LAND USE DECISION PROCEDURES: ARTICLE 4 INTERPRETATIONS; ARTICLE 10 DISCRETIONARY USES: ARTICLE 12 ZONING DISTRICT AND OVERLAY DISTRICT CHANGES; ARTICLE 14 PUBLIC HEARINGS: ARTICLE 15 APPEALS: ARTICLE 16 RESIDENTIAL ZONING DISTRICTS: ARTICLE 29 UF-1O URBANIZABLE FRINGE OVERLAY DISTRICT: ARTICLE 30 HISTORIC OVERLAY DISTRICT: ARTICLE 32 PUBLIC AND PRIVATE IMPROVEMENTS: ARTICLE 36 MANUFACTURED DWELLING STANDARDS: AND ARTICLE 37 MASTER PLANS. AND DECLARING AN EMERGENCY. . Mr. Mott said council had reviewed the ordinance changes in a previous work session. ,. ' The reason for the changes was due to Ballot Measure 47/50 and suggested revisions resulting from the 1997-98 budget process. Mr. Mott said the Springfield Development Code (SDC) will retain the authority over Home Occupations but will eliminate the need for a permit. The city is waiting for a public hearing before the Lane County Board of Commissioners to initiate a change to the intergovernmental agreement, changing the authority of the Hearings Official to the Springfield Planning Commission. Mayor Morrisette opened the public hearing. No one appeared to speak. ' Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT ORDINANCE NO. 5867. THE MOTION PASSED WITH A VOTE 5 FOR AND 0 AGAINST. COUNCILOR BALLEW WAS ABSENT (EXCUSED). 2. Vacation ofa Public Right of Way for a Portion of West A and West B Streets, Jo. No. 97-08- 189, Willamalane Park and Recreation District, Applicant. ORDINANCE NO. 5868 - AN ORDINANCE VACATING A PORTION OF WEST A AND WEST B STREETS EXTENDING WEST THROUGH ISLAND PARK IN THE CITY OF SPRINGFIELD. LANE COUNTY, OREGON AND DECLARING AN EMERGENCY. . Planner I Lauren Lezell said the vacation was a request initiated for right of way vacation by Willamalane Park and Recreation District, submitted in conformance with the requirements of Section 9.101 of the Springfield Development Code. The Springfield Planning Commission unanimously adopted a final recommendation of the approval of this vacation request. As required by statute, the council must take final action of the request, by adoption of ordinance by motion and vote. . . . ,- City of Springfield . Regular Session Meeting - 12/1/97 Page 3 Ms. Lezell said Willamalane Park and Recreation District is requesting the vacation to alleviate jurisdictional problems relating to police enforcement of city law and ordinances. Staffs recommended approval, with the condition that public utility easements are provided for in the maintenance of the existing sanitary and storm lines. The extension of city streets is precluded by Island Park, a public park. Ms. Lezell said Willamalane Planner Greg Hyde was present to answer any council questions. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT ORDINANCE NUMBER 5868. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. COUNCILOR BALLEW WAS ABSENT (EXCUSED). BUSINESS FROM THE AUDIENCE 1. Willie Combs, 334 Scotts Glen Drive, spoke about the recent article in the Springfield News concerning Glenwood. He said the issue of annexation should be receiving, serious attention. Mayor Morrisette responded by saying that Councilor Burge is leading the task force reviewing Glenwood issues. He also suggested Mr. Combs speak with Glenwood resident Steve Moe, who is involved in the annexation of Glenwood. CORRESPONDENCE AND PETITIONS I. Correspondence from Attorney Bill Sharp, 310 East 11 th Avenue, Eugene, Representing Shirley and Peter Keeley, Requesting that Council consider an amendment to the Springfield Municipal' Code, Regarding Vietnamese Pot Bellied Pigs. Bill Sharp, an attorney representing Peter and Shirley Keeley, spoke in favor of their ,. retention of their pet pot bellied pig. He asked councilors to review the material which was presented to them that he worked to obtain over the past two months while representing the Keeley's. Mr. Sharp spoke in reference to the city's animal ordinance and which animals are allowed within the city limits. He said pot bellied pigs are no longer considered a swine, per state law. Shirley Keeley, 754 North 66th Place, Springfield, said her daughter sent the pig to her over a year ago and they did not know this type of animal was not allowed within the city limits. They are currently housing the pig in a kennel at a cost of $230 per month. She asked that they be allowed to house their animal in their home again and for the council to reconsider their animal ordinance. Pat Hines, 639 N. 57th Street, Springfield, spoke in support of her friend having the pig as a pet. She said it is a very clean animal and very gentle with children. Pot bellied pigs do not have rabies, ticks or fleas. " City of Springfield . Regular Session Meeting - 12/1/97 Page 4 . Tom O'NeiL 950 Olympic Street, Springfield, said he had a pot bellied pig as a pet prior to finding out that they are illegal within the city limits. He felt it should be the choice of the owner as to what type of house pet they choose and asked council to recognize pigs as pets and change the city's ordinance. Mayor Morrisette said a video tape was delivered to his office by Mr. Sharp and asked council members to view it. Councilor Shaver said he polled council members prior to the meeting to see if there was any interest in reviewing the city's ordinance concerning animal regulations. He said council has revisited this topic twice in the past and decided that pot bellied pigs were not suitable house pets. He appreciates the love the Keely's have for the pet, but did not want the them to continue with false hopes of the council changing the City Code to allow pot bellied pigs. Councilor Shaver clarified that snakes and lizards are not considered pets also, yet exotic animals and are not allowed within the city limits. Most other animals mentioned earlier by Mr. Sharp are considered farm animals and are allowed only under controlled situations where the amount of land under single ownership could handle such animals. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE 5 FOR AND 0 AGAINST. COUNCILOR BALLEW WAS ABSENT (EXCUSED). . Mayor Morrisette thanked the group for their time and effort in attending the meeting and testifying before council. BIDS 1. Bid Award for Project 2-023, Entrance Beautification, Anderson Lane and Centennial Boulevard. City Engineer Al Peroutka was present for the staff report. Hereferred council to the drawings placed directly behind them and provide specific information with regards . to the city's beautification efforts. The view on the right side of Centennial Street as you enter Springfield will be a brick wall with signage and backlit plantings. The view from the left side of Centennial will use the existing berm, with the slope done in bark and landscaping will be similar to the right side. Mr. Peroutka encouraged council to award the bid to Aspen Springs Company in the amount of$16,577.30. Mayor Morrisette asked when the next city entry location would be completed. AI said most beautification projects are tied to street improvement project completion. . Councilor Burge asked how much is budgeted per year for beautification, what the total cost to the city will be when all entries are completed. Councilor Shaver suggested providing council with a plan of which entrances will be completed and what the total cost of tax dollars will be upon completion. Mr. Peroutka said the city could review the current and future beautification plans and provide council with an update during the Capital Imp;ovement Plan (CIP) process. l.., ' ~ ;; . . . City of Springfield Regular Session Meeting - 12/1/97 Page 5 Councilor Beyer said the direction staff is taking regarding beautification efforts was a directive from this council and they should continue with current plans until council provides a different direction. She felt the update would provide the information needed to direct staff on future entrance beautification efforts. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO A WARD THE ENTRANCE BEAUTIFICATION CONTRACT TO ASPEN SPRINGS COMPANY IN THE AMOUNT OF $16,577.30. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. COUNCILOR BALLEW WAS ABSENT (EXCUSED). BUSINESS FROM THE CITY COUNCIL I. Committee Appointments a. Budget Committee Councilor Maine suggested council re-appointment the Ward 6 candidate for the Budget Committee, Brad Anderson, as he was the sole.applicant . for the position and is eligible for re-appointment. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER, TO RE-APPOINT BRAD ANDERSON TO THE BUDGET COMMITTEE WITH A TERM EXPIRING 12/31/00. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. COUNCILOR BALLEW WAS ABSENT (EXCUSED). Councilor Maine reported that no applications were received for the Ward 5 Budget Committee position. Council discussed options regarding the vacancy and decided to extend the recruitment period. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR SHAVER TO EXTEND THE BUDGET COMMITTEE RECRUITMENT PERIOD FOR WARD 5, UNTIL JANUARY 30, 1997. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. Councilor Maine clarified council would rev.iew the applications and not interview the applicants for the Community Development Advisory Committee (CDAC). Since the CDAC and Human Rights Commission were merged last spring, council agreed that no interviews would occur and the regular process for CDAC application review would be their preference. 2. Business from Council a. Committee Reports There were no reports. b. Other Business City of Springfield Regular Session Meeting - 1211/97 Page 6 . BUSINESS FROM THE CITY MANAGER 1. Report by Mayor Jim Torrey Concerning Eugene City Council Recent Actions on Homeless and Emergency Housing Issues. Mayor Torrey was present to discuss the City of Eugene's recent ordinance regarding homelessness and emergency housing issues. He stated some people are homeless by chance, and some are homeless by choice. Mr. Torrey explained the background leading up to the creation of the homeless task force and issues which affect not only Eugene, but the entire metropolitan area. The ordinance allows people to park in the parking lots of local churches, allows one family to park in every residential driveway or backyard (as long as sanitary facilities are provided by the property owner) and allows families to park in industrial zoned areas, provided they are not there for longer than 24 hours. Mayor Torrey said between January 1, 1997 and July 1, 1997, there were over 700 people who were homeless for at least one night. The adopted ordinance and task force work came after researching what remedies other cities have found and an extensive review of housing programs and transitional housing available within the community. He said in addition to the ordinance, the City Council approved spending $100,000 on youth services forLooking Glass to expand shelter beds. In addition, $50,000 in funding was set-aside for the Interfaith Shelter program, which provides information to families who are in need. and assists incoordination of the church parking program. . Mayor Torrey explained the items which the City of Eugene has chosen to do will not solve the homeless problems, but should help. He suggested other areas which could help, including: a travelers aide program, assisting churches by funding portable sanitary units to place in their parking lots, and providing one months rental support to families who are in CflSIS. Council thanked Mr. Torrey for his comments. Councilor Burge said he did not fully understand the issue of homelessness and why people choose their vehicles over shelter. He questioned how many homeless people are actual residents of Lane County versus transients who pass through. There was a discussion regarding homeless by chance or by choice. Mayor Morrisette suggested council members contact local service providers and ask them questions about numbers, location, and residency. City of Eugene staff member, Richie Weinman said many homeless people are employed, but can not afford the communities rental prices, which average $600 per month in Eugene. Many have mental health problems, children, and living with a single income. Mr. Weinman said many choose to keep their vehicles as they are their last link to society. People are willing to give up their homes if they know they can live out of their vehicle. . Mayor Torrey provided information on focus groups he conducted with youth of the community. He said there are many health and safety issues which may affect the recently adopted City of Eugene ordinance. A sunset date of June 30 (to assist children through the school year) was part of the ordinance, and at that time an extensive review will occur by the Eugene City Council. City of Springfield Regular Session Meeting - 12/1/97 Page 7 . Charles Gray, 256 N. Grand Street, Eugene, spoke as a representative for the Homeless Action Coalition. He read a prepared document regarding homelessness. He spoke of the high rental prices, low job wages, and opportunities for better employment, which face many homeless people. He said he would provide the council with a copy of a study he conducted regarding rental prices and available units. Mr. Gray supported the City of Eugene ordinance and said it is important to allow car camping, as being allowed to remain in the same place for an extended period of time is very important when you are homeless. He suggested cities budget funding for sanitary units that can be made available to churches. Since every person must sleep, he felt providing a place for them to sleep is a basic right. He urged the council to adopt a similar ordinance as the City of Eugene, or take additional steps to assist those in need in the City of Springfield. Councilor Burge suggested the use of the Lane County Fairgrounds. Mr. Weinman said that location had already been reviewed and had too many issues associated with its use, including: fire codes, building codes, zoning issues, and the amount of time which the facility is used for shows, conventions, etc. Mayor Morrisette said he had approached School District #19, Superintendent Jamon Kent on the issue of homeless ness and the possible use of Mount Vernon School. Mr. Kent citedthe same issues as the fairgrounds have with regards to using the vacant school as a shelter. . Councilor Shaver said funding issues should be addressed at the mid-year budget review or.' during the upcoming budget process in the Spring. He suggested community members could show individual support all throughout the year. He reminded council that they had allowed local churches to bring people inside their buildings, which had provided heat, kitchens, sanitary facilities, etc. without the use of cars and parking regulations. Councilor Shaver said he polled council members regarding opening the city to camping in parking lots or certain zoning areas and did not receive enough support for any action to occur at the present time. He said the City of Springfield has done many good things already to assist with the issue of homelessness and will continue to be flexible enough to meet the needs of the community. Councilor Maine agreed and said the budget process is the time to consider any additional funding for either housing or homelessness issues. They will be reviewed along with other critical city services in the future. 2. Other Business a. Noise Ordinance Variance City Engineer Al Peroutka provided a hand-out and explained the contractor of the South Springfield Sewer Interceptor project is requesting a variance to the city's noise ordinance to allow construction operations at nighttim~ in the vicinity of South 16 Street and South F Street. He said it would allow the boring subcontractor to work on a 24-hour basis from December 2 to the end of January. Mr. Peroutka said council has granted such approval previously when citizens would not be adversely affected. . . . . ., I ~~ City of Springfield Regular Session Meeting - 12/1/97 Page 8 Councilor Burge said as long as there would be no adverse impact to neighbors, which were listed as commercial or industrial businesses only, that he would support the request. Mr. Peroutka said staff would track the permit and if any adverse conditions were to develop, they would bring them back to council for review. The permit would be revocable also, by staff, based on the number and severity of any complaints received. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BURGE, TO ISSUE A VARIANCE TO THE NOISE ORDINANCE ALLOWING H & J CONSTRUCTION, INC. TO PERFORM BORING WORK ON A 24-HOUR BASIS BEGINNING DECEMBER 2, 1997 AND ENDING JANUARY 31, 1998, FOR PROJECT 1- 961, SOUTH SPRINGFIELD SEWER INTERCEPTOR PROJECT, REVOCABLE BY STAFF BASED ON THE NUMBER AND SEVERITY OF COMPLAINTS RECEIVED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BUSINESS FROM THE CITY ATTORNEY Mr. Leahy eXplained the difference in the above variance request versus a noise permit in the City Code. He said the methodology for a variance is part of the code for such instances as the construction need. Noise permits for an exception to the city's noise ordinance are administered by the Police Department and also must have council approval. Mr. Leahy said the city has obtained a preliminary injunction against Mr.& Mrs. Knox for tree cutting in the South hills area. He said 112 trees were cut prior to the injunction. Thecity.is also proceeding in Municipal Court to cite the Knox's through the municipal citation process for each tree cut without approval. Mr. Leahy said the city is proceeding with the maximum penalties allowed by law in this case. ADJOURNMENT The meeting was adjourned at 8:46 p.m. Minutes Recorder - Shari Higgins ~~~~ Mayor ATTEST: ~ City Recorder ( ~