HomeMy WebLinkAbout08/17/1998 Regular
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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
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Regular Meeting Minutes
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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
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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.
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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.
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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.
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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
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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
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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
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Mayor
Attest:
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