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HomeMy WebLinkAbout08/17/1998 Regular . . . '~ MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, AUGUST 17, 1998 The city of Springfield council met in regular session in the Springfield City Council Chamber Room, 225 Fifth Street, Springfield, Oregon, on Monday, August 17, 1998, at 7: 15 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette, Councilors Beyer, Burge, Dahlquist, Maine and Shaver. Councilor Ballew was absent (excused). Also present were City Manager Michael Kelly, City Attorney Joe Leahy, Senior Management Analyst Rosie Pryor, City Recorder Julie Wilson and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Morrisette. INVOCATION - Pastor Steve Chinn, 7th Day Adventist Church. SPRINGFIELD UPBEAT 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. 1. Claims 2. Minutes a. June 1, 1998 - Work Session b. June 1, 1998 - Regular Meeting c. June 8,1998 - Work Session (6:15 p.m.) d. June 8,1998 - Work Session (7:10 p.m.) e. June 15, 1998 - Work Session f. June 15, 1998 - Regular Meeting g. June 22, 1998 - Work Session h. June 22, 1998 - Regular Meeting I. July 21, 1998 - Work Session 3. Resolutions a. RESOLUTION NO 98-46 - RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE COUNTY/CITY ROAD PARTNERSHIP AGREEMENT. b. RESOLUTION NO. 98-47 - A RESOLUTION TO ACCEPT PROJECT 1-993, STREET IMPROVEMENTS, SOUTH 32ND/JASPER ROAD CORRIDOR, FROM BABB . . . , ' .... August 17,1998 Regular Meeting Minutes Page 2 CONSTRUCTION CO., INC" DBA DELTA CONSTRUCTION CO., IN THE AMOUNT OF $2,378,497.69 c. RESOLUTION NO. 98-48 - A RESOLUTION TO ACCEPT PROJECT 3-004, RIVER TRAILS SUBDIVISION, PHASE 1. STREET, SEWER AND DRAINAGE IMPROVEMENTS. d. RESOLUTION NO. 98-49 - A RESOLUTION TO ACCEPT PROJECT 3-040, CEDAR GARDENS, 10TH AND S STREETS, SANITARY AND STORM SEWER IMPROVEMENTS. e. RESOLUTION NO. 98-50 - A RESOLUTION TO ACCEPT PROJECT 1-817, OLYMPIC STREET IMPROVEMENTS, 28TH TO 42ND STREETS, FROM BABB CONSTRUCTION CO., INC., DBA DELTA CONSTRUCTION CO., IN THE AMOUNT OF $1.704,079.18. f. RESOLUTION NO. 98-51 - A RESOLUTION TO ACCEPT PROJECT 3-005, SANITARY SEWER AND STORM DRAIN MANHOLE CONNECTIONS FOR RIVERBEND ELEMENTARY SCHOOL. 4. Ordinances 5. Other Routine Matters 'a. Approval to Allow Permit Construction Activities to Occur Outside of the Hours of7:00 a.m. and 6:00 p.m., for the Mohawk Blvd. Overlay Project # 1-984, from G to 18th Streets, Subject to Conditions Noted in the Staff Report. b. Accept the Bid from Corvallis New Holland in the Amount of $30,900, for the ReplacemenJ and Purchase of the Maintenance Division's Backhoe. c. Approve Endorsement of OLCC Liquor License Application for Hospitality Two, LLC, Doing Business as Hodgepodge/Trackstirs Bar and Grill, Located at 3350 Gateway Street, Springfield, Oregon. d. Approve Endorsement of OLCC Liquor License Application for Bright Oaks Meats, FormerlyMill Street Market, Located at 130 Mill Street, Springfield, Oregon. e. Approve Endorsement ofOLCC Liquor License Application for Jasper's Deli, Located at 1665 18th Street, Springfield, Oregon. f. Approve the June 1998 Quarterly Updated Financial Reports. MOTION: APPROVE/REJECT THE CONSENT CALENDAR ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS 1. Amendments to the Springfield Development Code Regulating and requiring Paving of Motor Vehicle Storage and Panhandle Driveways. ORDINANCE NO.1 - AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE ARTICLE 2 DEFINITIONS: ARTICLE 16 RESIDENTIAL ZONING DISTRICTS: ARTICLE 18 COMMERCIAL ZONING DISTRICTS: ARTICLE 20 . ..... August 17, 1998 Regular Meeting Minutes Page 3 . LML HI AND SHI INDUSTRIAL ZONING DISTRICTS: ARTICLE 31 MINIMUM DEVELOPMENT STANDARDS AND SITE PLAN REVIEW STANDARDS: AND ARTICLE 32 PUBLIC AND PRIVATE IMPROVEMENTS REGARDING THE DEFINITIONS OF MOTOR VEHICLES, OUTDOOR STORAGE AND PARKING: AND PAVING REQUIREMETNS FOR MOTOR VEHICLES, AND PANHANDLE DRIVEWAYS 00. NO. 98-05-113). Planning Manager Greg Mott presented the staff report on this issue. Standards regulating the keeping of motor vehicles are poorly written and frequently result in disagreements between neighbors, tenants and the city. Providing clear and objective standards may not relieve all tensions, but will diminish speculation and inconsistent application of code provisions regulating this activity. Parking or keeping motor vehicles for the purpose of sales, rent, repair, display, storage, etc., is a use that frequently engages staff and the public in a lively dialogue concerning the meaning and intent of the SDC. The SDC requires parking and circulation areas to be paved but defines parking as the temporary storage of operational motor vehicles that are not for sale, lease or rent. The counter point to this, DSD staff are told, is inoperable motor vehicles, or motor vehicles for sale, lease or rent are outside this definition of parking therefore the surface upon which they rest need not be paved. . Complicating this situation further is the storage of motor vehicles, whether operational or not. Storage is not a listed use in commercial districts, requires discretionary approval in -industrial districts, and must be screened by a sight-obscuring fence wherever it occurs. This requirement severely limits the effectiveness of displaying motor vehicles, common lament from people who do not want to pave but do want to display. . By requiring all areas accessible to motor vehicles to be paved, the city is attempting to reduce airborne particulate; eliminate a source of groundwater contamination; and keep gravel off the street. These objectives cannot be achieved if cars are parked on gravel. Panhandle driveways are included for the same reasons as parking area improvements. There are no definitive paving standards in the SDC and what is commonly practiced (paving the first 18 feet only) creates the same health and safety issues discussed earlier. The amendment proposes 1 O-foot pavement width for single driveways, all the way to the required off-street parking, and 18 feet for multiple driveways. This item was discussed earlier during the work session meeting. Mayor Morrisette opened the public hearing. Ms. Pryor entered the following correspondence into the public record: Correspondence from Donna Fuess, Chair, Legislative Affairs Committee, PO Box 155, Springfield, Oregon, requesting that the public hearing remain open for an additional 30 days to allow for public comment. . 1. Fred Simmons, 312 South 52nd Place, Springfield, Oregon, discussed Development Code definitions, off street parking and paving requirements. He supported keeping the public record open for 30 days to allow for additional testimony. . . ~ . . . August 17, 1998 Regular Meeting Minutes Page 4 2. Dean Huber, 1126 South 44th Street, member of the Legislative Committee, supported keeping the public record open for 30 days. Mayor Morrisette closed the public hearing. Mr. Mott said it was difficult to review these types of amendments. He said staff could highlight how particular amendments would be applied as well as the rest requirements related to development applications being submitted. He said even if the record is held open for 30 days, other issues may surface as a result ofthe public testimony. Testimony can be collected and the item can be discussed during a work session meeting. If changes are substantial, another first reading of the ordinance will be conducted. The item will then be scheduled for a second reading of the ordinance. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, THAT THE PUBLIC HEARING BE HELD OPEN FOR 30 DAYS TO RECEIVE ADDITIONAL COMMENTS. PRIOR TO TAKING ACTION, THE ITEM WILL BE DISCUSSED DURING A WORK SESSION MEETING. IF CHANGES ARE NOT MADE, A SECOND READING WILL BE SCHEUDLED. IT IS POSSIBLE THAT ANOTHER ORDINANCE WITH NEW LANGUAGE MAY BE CONSIDERED, THEREFORE, A ' FIRST AND SECOND READING OF THAT ORDINANCE WILL BEHELD. ANY _ ADDITIONAL COMMENT WILL BE IN THE FORM OF WRITING, UNLESS THE ITEM COMES BACK WITH A NEW FIRST READING AND PUBLIC HEARING. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. BUSINESS FROM THE AUDIENCE COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence from Jolene Liday, PO Box 919, Veneta, Oregon, Requesting Recognition" ' and/or Letters of Support be Written to Those Involved in the National High School Rodeo ' Finals. IT WAS MOVED BY COUNCILOR MAINE, WITH A SECOND BY COUNCILOR MAINE, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. BIDS ORDINANCES 1. An Ordinance Amending Chapter 5 "Public Protection" and Sections 5.400 Et. Seq. "Control of Dogs and Other Animals." ORDINANCE NO.2 - AN ORDINANCE AMENDING CHAPTER 5, "PUBLIC PROTECTION" AND SECTIONS 5.400 ET. SEQ. "CONTROL OF DOGS AND OTHER ANIMALS" OF THE SPRINGFIELD CODE PERTAINING TO DOGS AND OTHER . ~ , . . . . August 17, 1998 Regular Meeting Minutes Page 5 ANIMALS TO INCLUDE WITHIN THE DEFINITION OF DOG, WOLF DOG HYBRIDS AND DECLARING AN EMERGENCY. Captain Swenson presented the staff report on this issue. This item was also discussed earlier this evening during the work session meeting. By the end of 1998, the Oregon Department of Agriculture will discontinue regulation of wolf-dog hybrids as exotic animals. Regulation of these animals will be returned to local jurisdictions. The proposed ordinance is necessary to provide for local regulation. These are presently two concerns in licensing of wolf-dog hybrids under local dog control authority, identification and rabies vaccination. Identification of a canine as a wolf-dog hybrid is by declaration of the owner. There is no scientific method to differentiate between dogs and a wolf-dog hybrid. There is no rabies vaccine licensed for use in wolf-dog hybrids. Any rabies vaccination of these animals is extra-label use of the vaccine and the animal cannot be considered a legal vaccinate. Public health officials may require euthanasia of wolf-dog hybrids after they bite a person or are exposed to a rabid animal, regardless of their vaccination status. For these reasons, public safety is best served by ordinances that encourages owners to declare wolf-dog hybrid breeds by exempting them from rabies vaccination but regulates how the .animal and the owner behave. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO TABLE THIS ITEM UNTIL STAFF ANSWERS QUESTIONS RAISED DURING THE WORK SESSION MEETING. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Ward 4 City Council Position Appointment Due to the resignation of Councilor Stu Burge, the Ward 4 City Council position is vacant. On June 25, 1998, the position was advertised and applications were received through the closing date of July 31, 1998. On August 10, 1998, council interviewed four candidates and by consensus, tentatively appointed candidate Sid Leiken to the Ward 4 position. According to the council's operating policies and procedures, this appointment must now be ratified. The oath of office will be administered and Mr. Leiken sworn into office on September 8, 1998. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO APPOINT SID LEIKEN TO THE WARD 4 COUNCIL POSITION. THE MOTION PASSED WITH A VOTE OF 4 FOR AND 0 AGAINST. 2. Business from Council a. Committee Reports b. Other Business . . . . . August 17, 1998 Regular Meeting Minutes Page 6 BUSINESS FROM THE CITY MANAGER 1. Other Business BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meeting was adjourned at 7:30 p.m. Minutes Recorder - Julie Wilson f~~ Mayor Attest: ~