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HomeMy WebLinkAbout03/20/1995 Regular City of Springfield Regular Council Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, MARCH 20,1995 . The City of Springfield Council met in Regular Session at Springfield City Hall, City Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, March 20, 1995, at 7:10p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette, Councilors Beyer, Burge, Dahlquist and Shaver. Councilors Maine and Walters were absent (excused). Also present were City Manager Mike Kelly, City Attorney Joe Leahy, City Recorder Eileen Stein, 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 Rev. Eldon Walter, Springfield 7th Day Adventist. SPRINGFIELD UPBEAT CONSENT CALENDAR . IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT THE CONSENT CALENDAR THE MOTION PASSED BY A VOTE OF 4 FOR AND 0 AGAINST. COUNCILORS WALTERS AND MAINE WERE ABSENT. 1. Claims a. February, 1995 Disbursements for Approval. 2. Minutes a. February 27,1995 - Work Session. 3. Resolutions a. RESOLUTION NO. 95-17 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-890: OAKTREE ESTATES SUBDIVISION. PHASE 2. b. RESOLUTION NO. 95-18 - A RESOLUTION OF INTENT TO CONSTRUCT PROJECT 1-926 SOUTH 34TH STREET FROM MAIN STREET TO OREGON AVENUE AND VICINITY. c. RESOLUTION NO. 95-19 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-874: HAYDEN GARDENS SUBDIVISION. d. RESOLUTION NO. 95-20 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-913: CLOVERDALE APARTMENTS. PHASE 3. STORM SEWER. . e. RESOLUTION NO. 95-21 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-910: HOLLAND MANOR SUBDIVISION. . City Council Meeting Minutes March 20, 1995 Page two f. RESOLUTION NO. 95-22 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-881: SHARI'S RESTAURANT (BEL TUNE AND HUTTON) STORM SEWER. g. RESOLUTION NO. 95-23 - A RESOLUTION TO ACCEPT PROJECT 1-870 FROM LANTZ ELECTRIC. INC.. IN THE AMOUNT OF $89.562.30. h. RESOLUTION NO. 95-24 - A RESOLUTION TO ACCEPT PROJECT 1-908 FROM LANTZ ELECTRIC. INC. IN THE AMOUNT OF $84.479.41. i. RESOLUTION NO. 95-25 - A RESOLUTION OF INTENT TO CONSTRUCT PROJECT 1-840. STREET AND DRAINAGE IMPROVEMENTS FOR CENTENNIAL BOULEVARD. FROM 1-5 RAMP TO PRESCOTT LANE: AND ASPEN STREET FROM CENTENNIAL BOULEVARD TO 500 FEET NORTH. AND VICINITY. 4. Ordinances a. ORDINANCE NO. 5776 - AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY LOCATED IN NORTH SPRINGFIELD EAST OF 1-5. NORTH OF BELTUNE ROAD AND WEST OF BALDY VIEW DRIVE: (17S R03W S15 PORTIONS OF PARCELS 700.2900.3000.3100.3200.3400.3500 AND 3600): HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT AND DECLARING AN EMERGENCY. . b. ORDINANCE NO. 5777 - AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY LOCATED IN WEST SPRINGFIELD WEST OF POLTAVA STREET. SOUTH OF KELLOGG ROAD AND EAST OF RAYNER AVENUE: (17S ROW3 S34 MAP 23 PARCEL 901): HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM RAINBOW WATER DISTRICT AND DECLARING AN EMERGENCY. c. ORDINANCE NO. 5778 - AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY LOCATED IN NORTH SPRINGFIELD WEST OF PIONEER PARKWAY AND SOUTH OF HARLOW ROAD: (17S R03W S22 MAP 44 PARCELS 7600. 7700 AND 7801); HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT AND DECLARING AN EMERGENCY. d. ORDINANCE NO. 5779 - AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY LOCATED IN NORTH SPRINGFIELD EAST OF GAME FARM ROAD NORTH AND NORTH OF BEL TUNE ROAD: (17S R03W S15 PARCEL 1118); HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT AND DECLARING AN EMERGENCY. e. ORDINANCE NO. 5780 - AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY LOCATED IN NORTH SPRINGFIELD WEST OF GAME FARM ROAD SOUTH. EAST OF 1-5 AND NORTH OF BELTUNE ROAD: (173 R03W S15 PORTIONS OF PARCELS 1118. 2800. 2900. 3000 AND 3100): HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT AND DECLARING AN EMERGENCY. . f. ORDINANCE NO. 5781 - AN ORDINANCE AMENDING SECTION 8-18-19. ARTICLE 18 "AMBULANCE AND EMERGENCY MEDICAL SERVICES'. CHAPTER VIII "BUSINESS" OF THE SPRINGFIELD CODE PERTAINING TO FIREMED AMBULANCE MEMBERSHIP PROGRAM AND DECLARING AN EMERGENCY. ... ~ . . . . City Council Meeting Minutes March 20, 1995 Page three 5. Other Routine Matters a. Endorsement of OlCC Liquor License for EI Dorado Mexican Restaurant, located at 1537 Mohawk Blvd. b. "Declaration of Dedication" - Dedication of Right-of-Way in Alcona Subdivision. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC HEARINGS 1. Appeal of Board of Appeals Decision. Building Official Dave Puent presented the staff report. Mr. Puent stated the appellant, Mike Gillette of Pacific 9 Motel seeks to reverse the decision of the Board of Appeals to erect an electronic message board as a roof sign at 3550 Gateway Street. Mr. Puent explained the current Sign Code, adopted by Council in May of 1993, prohibits any signage in which the sign face moves or lights flash, travel or reflect. The Sign Code also provides that any roof sign be placed at a maximum height of 20 feet above grade. Mr. Puent explained the approval process and criteria for a variance to be approved by the Board of Appeals. Mr. Puent provided the Council with dates the freeway on-ramp and motel was constructed for history purposes. He discussed visibility concerns and other motels with signage issues in area. Mr. Puent stated the Board of Appeals was supportive of the electronic message board sign, but not in favor of the sign being placed over 20 ft. above grade. Councilor Burge asked how many wall signs the business would have if this request was approved. Mr. Puent replied they currently have five signs, which would be removed and only three would remain, totaling 350 square feet. Mr. Puent explained that the electronic signs currently located at Smith's Furniture and the Gateway Mall were exceptions approved by the Board of Appeals and City Council. Mayor Morrisette opened the public hearing. 1. Larry Thorp, 644 N. A Street, Springfield, spoke representing Pacific 9 Motel. He explained why the request was submitted to the Board of Appeals, due to street logistics and the widening of Gateway Street. Mr. Thorp explained the requested height of the sign was due to the height of the building, which is not a one story hotel, such as the Ramada Inn or Shiloh Inn. He stated the owners felt the sign elevation should be calculated above the roof, not above the grade. Mr. Thorp spoke about the exceptions previously made for other signs in the Gateway area which were approved. Councilor Shaver asked if the case for the variance request was one that other businesses in the Gateway area could also make. Mr. Thorp replied that the Pacific 9 Motel has a more difficult access problem than other businesses and the elevated highway ramp blocks their visibility. The Council discussed the highway ramp elevation and also the height of the motel. Councilor Beyer asked why the signage and business has two different names listed. Mr. Gillette explained the name Budget Motel is a generic name used only for advertising purposes but the motel is doing business as the Pacific 9 Motor Inn. . City Council Meeting Minutes March 20, 1995 Page four 2. Kevin Jones of Jones Sign Company spoke about freeway travelers not being able to locate the motel from the Gateway exit and why he proposed the electronic sign, 35 feet above grade. He felt the efficient usage of signage would offset any typographical issues the motel has and may face. Mayor Morrisette closed the public hearing. Council discussed the request and if the circumstances for such a sign were unique to warrant the variance. After a lengthy discussion, Council felt the decision by the Board of Appeals should be upheld. Council recommended the applicant continue to work with Mr. Jones in seeking alternatives which would benefit the business and meet sign code standards. Mr. Jones stated he has worked extensively with Building Services Representative Lisa Hopper regarding alternatives. Mayor Morrisette said the Council needs to consider the alternatives presented, but encouraged Mr. Gillette to seek other options and return to the Board of Appeals with a new variance request if necessary. Councilor Dahlquist agreed and stated he did have a hard time locating the building, but did not agree with a readerboard placed upon the motel's roof. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR DAHLQUIST, TO UPHOLD THE DECISION MADE BY THE BOARD OF APPEALS REGARDING SIGNAGE AT 3550 GATEWAY STREET. THE MOTION PASSED BY A VOTE OF 4 FOR AND 0 AGAINST. COUNCILORS WALTERS AND MAINE WERE ABSENT. . 2. Request for Vacation of a 3 foot wide Public Utility Easement, Sycan B Corporation, Jo. No. 95-02-24. ORDINANCE NO. 5787 - AN ORDINANCE VACATING A 3 FOOT WIDE PUBLIC UTILITY EASEMENT AND DECLARING AN EMERGENCY. Planning Manager Greg Mott presented the staff report. Mr. Mott stated the applicant requested a vacation of a 3 foot wide public utility easement that follows the abandoned Southern Pacific Railroad right-of-way and bisects several tax lots. He stated the site plan review process will be completing shortly, hence the request for adoption by emergency. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR BEYER, ADOPT ORDINANCE NO. 5782, TO VACATE A 3 FOOT WIDE PUBLIC UTILITY EASEMENT. THE MOTION PASSED BY A VOTE 4 FOR AND 0 AGAINST. COUNCILORS WALTERS AND MAINE WERE ABSENT. NOTE: THIS PUBLIC HEARING WAS ORIGINALLY SCHEDULED FOR APRIL 3, 1995, AND WAS INADVERTENTL Y PLACED ON THE MARCH 20, 1995 AGENDA. THIS ITEM WILL BE PLACED ON THE APRIL 3, 1995 AGENDA AND A NEW PUBLIC HEARING WILL BE HELD, . . ..... . . . City Council Meeting Minutes March 20, 1995 Page five BUSINESS FROM THE AUDIENCE 1. Willie Combs, 334 Scotts Glenn Drive, Springfield, spoke about the Oregon 1ransportation Financing Package Resolution which is listed on the agenda under Business f~om the City Manager. Mr. Combs stated the resolution does not once mention trucks and fNill have a negative effect on the trucking industry, as well as AMTRAK. He stated he is in opposition to the Council adopting the resolution and requested a one-week period in whiChl to contact local trucking industry personnel and provide the Council with additional information. I Councilor Shaver commented if the federal government would give the state funding for gas tax, tire tax, etc., then the state would not have to pass legislation as suggested in the resolution. The Council discussed federal funding being used for high-speed nail systems. COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS BIDS ORDINANCES THE FOLLOWING ORDINANCE AND RESOLUTION WERE POSTPONED UNTIL AFTER THE EXECUTIVE SESSION. I 1. Condemnation Ordinance and Resolution for a Portion of the Henry and Jeanne Stalick Property. I ORDINANCE NO.8 - AN ORDINANCE AUTHORIZING THE APPROPRIATION OF. AND IF NECESSARY. THE INSTITUTION OF PROCEEDINGS. INCLUDING IMMEDIATE POSSESSION IN EMINENT DOMAIN FOR THE ACQUISITION BY CONDEMNATION OF PROPERTY INTERESTS IN THE VICINITY OF GATEWAY STREET BETWEEN GAME FARM ROAD AND INTERNATIONAL WAY FOR PURPOSES OF LOCATING 'STREET. SIDEWALK AND SEWER IMPROVEMENTS AND DECLARING AN EMERGENCy. RESOLUTION NO. 10 - A RESOLUTION AUTHORIZING THE APPROPRIATI10N OF. AND IF NECESSARY. THE INSTITUTION OR PROCEEDINGS. INCLUDING IMMEDIATE POSSESSION IN EMINENT DOMAIN FOR THE ACQUISITION BY CONDEMNATION OF PROPERTY INTERESTS IN THE VICINITY OF GATEWAY STREET BETWEEN GAME FARM ROAD AND INTERNATIONAL WAY FOR PURPOSES OF LOCATING ISTREET. SIDEWALK AND SEWER IMPROVEMENTS AND DECLARING AN EMERGENCY. BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments a. Planning Commission IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO FILL THE TWO VACANT PLANNING COMMISSION POSITIONS WITH DON LUTES (BY RE-APPOINTMENT) AND ANNE BALLEW, BOTH WITH TERMS EXPIRING 4/30/99. THE MOTION PASSED BY A VOTE 4 FOR AND 0 AGAINST. COUNCILORS WALTERS AND MAINE WERE ABSENT. .. .~. . .. . . . City Council Meeting Minutes March 20, 1995 Page six 2. Business from Council a. Review of Prior Correspondence Regarding Planning Commissioner Lynda Raybould. Councilor Burge stated he was pleased how Planning Commission Chair R1ndY HaNey had handled the complaint about the Planning Commission discussed by the , Council at their March 6,1995, meeting, He said at this time, there was not a reason for the Council to take action. Councilor Burge referenced an apology lette11r written to Shauna Tallerday from Commissioner Raybould and read part of the letter. He stated he appreciates the hard work of the Planning Commission and felt this issue should not further be discussed. I Councilor Shaver stated there should be formal training which would include protocol for all new Planning Commission members to acquaint them with their responSibilities. Mr. HaNey stated that training and orientation sessions are already being plan~ed by Development SeNices Director Susan Daluddung and City Attorney Joe Leahy. I IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BURGE, TO HAVE A SEMI-ANNUAL ATTENDANCE CHECK FOR ALL CI:TY BOARDS, COMMISSIONS AND COMMITTEES (JANUARY THROUGH JUNE AND JULY THROUGH DECEMBER REPORTS), INCLUDING THE CITY COUNCIL, ~ITH THE NUMBER OF MEETINGS HELD, MEETINGS ATTENDED, MEETINGS A~SENT FROM BOTH EXCUSED AND NOT EXCUSED (WITH STAFF USING DISCRETlpN REGARDING EXCUSED ABSENCES). THE MOTION PASSED BY A VOjfE OF 4 FOR AND 0 AGAINST. COUNCILORS MAINE AND WALTERS WERE ABSENT. b. Committee Reports Councilor Shaver as head of Judiciary Committee, ask that Councilors please return the City Attorney evaluation forms to Shari Higgins by Friday, March 24, 1995. I Mayor Morrisette gave details of the February Metropolitan Policy Committee (MPC) meeting regarding transportation. He also reported on the recent Metropolitan Wastew~ter Management Commission (MWMC) meeting and his request for Eugene City Manager Mike Gleason to resign from the commission. He stated he felt very strongly that Eu'gene should have two citizen representatives and one City Council representative. After discussion, Council fully supported the Mayor's request regarding MWMC representation. c. Other Business There was none. BUSINESS FROM THE CITY MANAGER 1. Request for Noise Variance, Well Drilling Operation City Recorder Eileen Stein presented the staff report stated the Springfield Uti'ity Board submitted a request for a variance to Section 5-12-8 (Noise) of the City Code to enable them to conduct a well drilling site located adjacent to 1-5 at the Sports centerlsite. , IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, , TO APPROVE THE NOISE VARIANCE REQUEST FOR A WELL DRILLING OPERATION , BY THE SPRINGFIELD UTILITY BOARD. THE MOTION PASSED BY A VOTE OF 4 FOR AND 0 AGAINST. COUNCILORS MAINE AND WALTERS WERE ABSENT. )00 4\., ',. ._ . . . City Council Meeting Minutes March 20, 1995 Page seven 2. Resolution Endorsing the Oregon Transportation Financing Package RESOLUTION NO. 95-26 - A RESOLUTION ENDORSING THE OREGON TRANSPORTATION FINANCING PACKAGE AND ENCOURAGE THE 1995 LEGISLATURE TO APPROVE THE PACKAGE. City Recorder Eileen Stein presented the staff report. She stated the League of Oregon Cities requested that all cities in Oregon support the Oregon Transportation Fihance Package by adoption of a resolution. I Mayor Morrisette suggested Mr. Combs (who testified under Business from the Audience) attend the Oregon Legislative session regarding the financing package. I IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILpR BEYER, TO ADOPT RESOLUTION NO. 95-26, ENDORSING THE OREGON TRANS~ORTATION FINANCING PACKAGE AND ENCOURAGING THE 1995 LEGISLATURE Tq APPROVE THE PACKAGE. THE MOTION PASSED BY A VOTE OF 4 FOR AND 0 AGI\INST. COUNCILORS MAINE AND WALTERS WERE ABSENT. , 3. Other Business There was none. The meeting recessed at 8:35 p.m, into Executive Session The meeting reconvened from Executive Session at 9:15 p,m, BUSINESS FROM THE CITY ATTORNEY IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BEYER, TO ACCEPT THE SETTLEMENT WITH HENRY STALlCK IN THE AMOUNTIOF $65,250 FOR PURCHASE OF PROPERTY IN THE VICINITY OF GATEWAY STREET BETWEEN GAME FARM ROAD AND INTERNATIONAL WAY. THE MOTION PASSED BY A VOTE OF 4 FOR AND 0 AGAINST. COUNCILORS MAINE AND WALTERS WEREIABSENT. As a result of this motion, no action was taken on Ordinance No.8 and Resolution No.1 o. ADJOURNMENT The meeting was adjourned at 9:30 p.m. Minutes Recorder - Shari Higgins B(p~AI Mayor ATTEST: .~ City Recorder '