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HomeMy WebLinkAbout10/07/1996 Regular . . , . / , City of Springfield Regular Meeting - MINUTES OF THE REGULAR MEETING OF , THE SPRINGFIELD CITY COUNCIL HELD , MONDAY, OCTOBER 7,1996 The City of Springfield Council met in Regular Session in the Spripgf,ield City Council Meeting Room, 225 Fifth Street, Springfield, Oregon, on Monday, October 7, 1996, at 7:05 p.m. with) Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette and Councilors Ballew, Beyer, Dahlquist, Maine and Shaver. Councilor Burge was absent (excused). Also present were Acting City Manager Gino Grimaldi, City Attorney Tim Harold, 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 provided by Pastor Scott Delbridge, Springfield First Church of the Nazarene: SPRINGFIELD UPBEAT 1. Assistant City Manager Gino Grimaldi recognized Ram Meier for his 15 years of service to - the City of Springfield. CONSENT CALENDAR IT WAS MOVED BX COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ADOPT THE CONSENT CALENDAR. THE MOTIONPASSED WITHA VOTE OF 5 FOR AND 0 AGAINST (COUNCILOR BYRGE WAS ABSENT). 1. Claims, ' 2. Minutes a. September 16, 1996 - Work Session b. September 16, 1996 - Regular Session c.September 23, 1996 - Work Session I 3. Resolutions a. RESOLUTION NO. 96-38 - A RESOLUTION TO ACCEPT PERMIT PROJECT 3-939: RIVER GLEN SUBDIVISION - . City of Springfield , Regular Meeting - 10/7/96 page two 4. Ordinances 5. Other Routine Matters a. Approve Council Operating Polices and Procedures Amendments. b. Approve OLCC Liquor License Endorsement for the Diner and Confetti's Loung~, Located at 3350 Gateway Street, Springfield. c. Approve OLCC Liquor License Endorsement for Bob"s Texaco Star Mart, Located at 4095 Main Street, Springfield. ... , d. 'Approve Extension of the Contract with Grant Thornton LLP for Audit Services, for the ., City of Springfield and for Metropolitan Wastewater Management Commission, for Fiscal Years Ending June 30, -1996, and June 30, 1997. . I ITEMS REMOVED FROM THE CONSENT CALENDAR " PUBLIC HEARINGS . BUSINESS FROM THE AUDIENCE There was none. . COUNCIL RESPONSE CORRESPONDENCE AND PETITIONS 1. Correspondence from Barbara Stockwell, The Church of Jesus Christ of Latter~ Day Saints, 775 Arcadia Drive, Eugene, ~egarding an Emergency Preparedness Faire; IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BYCOUNCILOR MAINE, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 5, FOR AND 0 AGAINST (COUNCILOR BURGE WAS ABSENT). 2. Corres'pondence from Eugene City Councilor Nancy Nathanson, }77,Pearl Street, Eugene, Requesting Springfield Council Participation on the Eugene Council Committee on Telecommunications. ' . Ms. Nathanson was present and addressed the Council. She explained th~t she was representing the Eugene City. Council, Ward 8, and was als:o the chair of a local policy committee regarding telecommupications. Ms. Nathanson explained items that were identified as issues for the City of Eugene: 1) public right of way, including clutter, safety, infrastructure needs, cable placement, risk of damage to other utilities, and the costs . associated,to the tax payer; 2) acc~ss to the information highway, both by private ~nterprise and through automated systems, along with education for the public; and 3) liyability and neighborhood design, by making decisions that are good for both the residents - and service providers. Ms. Nathanson explained the City of Eugene recently decided to ,implement a short-term moratorium, while they'revi~w the current zoning code and regulations." . . . City of Springfield Regular Meeting - 10/7/96 page three Ms. Nathanson asked if a member of the Springfield City Council would be willing to participate on the telecommunications committee. After Council discussion, it was agreed . that Councilor Ballew, ~long with a city staff member, would attend the committee meetings. . , ' , , IT, WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (COUNCILOR BURGE WAS ABSENT)' , . BIDS 1. Bid Award for Proj~ct 1 ~865: South A Street Trunk Storm Sewer Replacement I .. City Engineer, Al Peroutka explained that six bids were received on the storm sewer trunk line replacement project and the city conducted an ordinary bid process He explained the project was adopted inboth the 1996-2001 Capital Improvement Program (CIP) and the 1996-97 budg~t. Meza Construction, Inc. from Klamath Falls, was the low bidder . and Mr. Peroutka asked Council to approve the bid award. Councilor Shaver verified that all bid bonds and insurance matters were in order. . , It WAS MOVEDBY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO APPROVE THE BID A WARD BY MEZA CONSTRUCTION, INC. IN THE AMOUNT OF $1,049,995. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (COUNCILOR BURGE WAS ABSENT). ) ORDINANCES BUSINESS FROM THE CITY COUNCIL . 1. Committee Appointments a. Museum Committee Appointments IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR , MAINE, TO RATIFY THE'APPOINTMENTS'OF CRAIG SPILLMAN FOR EXHIBIT COQRDINA TOR, BART MCKEE FOR TREASURER, HELEN WAGNER AND KRISTIE , REDMOND TO SHARE THE POSITION OF EDUCATION COORPINA TOR AND VANGIE SMITH FOR MEMBERSHIPNOLUNTEERCOORDINATOR. THEMOTION PASSED WITH A VOT~ OF 5 FOR AND 0 AGAINST (COUNCILOR BURGE WAS ABSENT). . b. MohawkSpecific Development Plan Advisory Committee Appointment Supervising Management Analyst Cynthia Pappas was present fo~ the staff report. She . distributed aroster of recent appointments to the Mohawk Specific Development Plan Advisory Committee by the Committee for Citizen Involvement. She stated all members were appointed, except a City Council rept.esentative.The committee consists of eight citizens and two ex~officio members, one from the Planning Commission and one from the ,City Council. ' . '. . City of Springfield Regular Meeting - 10/7/96 page four The purpose of the committee is to study and examine issues with regards to a specific development plan inthe Mohawk area. A grant in the amount of$30,000 has been awarded to the city by the Oregon Department of Transportation (ODOT) to prepare the plan. ,Ms. Pappas stated the boundary area of the plan closely coincides with City Council Ward 3. Councilor Ballew volunteered to represent the Council on the committee. ) 2. Business from Council a. Committee Reports . ~ Councilor Ballew reported on the Legislative Committee meeting which was held prior to the CitY ,Council meeting. The committee identified a need to create City Council policy package regarding legislative matters, including items that the city will or will not support. Councilor Ballew stated staff will work with the committee to prepare the package and it will be provided to council for general approval at an upcoming meeting. This package will be a tool that staff can use when representing the city's interests at the upcoming. 1997 LegislativeSession. Councilor Maine,suggestedthispackage be reviewed each year during the Council's annual goal settingsession. Mayor Morrisette reported on the recent Metropolitan Wastew~ter ManagementCommission (MWMC) meeting regarding hook-up and user fees. He stated a study.is being performed. by CH2M Hill regarding impacts to the region~l area and how methods for computing' . , formulas have been different (an example was Sony versus Hyundai). Mayor Morrisette stated an advisory committee is being form~d to assist with the formula study and address the needs of each city_ ' " Councilor Maine reported on the direction she will be suggesting'to the Lane Regional Air Pollution Authority (LRAP A) board. Council agreed to support the continued efforts ,of LRAP A by selecting 11 technical task force to determine the differences between LRAP A and th~ Department of Environmental Quality (DEQ) on their policies and practices. Councilor Maine felt if the board approved of the task force, that the outcome has the potential to make LRAPAan even better regulation agency. b; Other Business, ,. ( Councilor Maine reported there would be a public me6ting, at Ridgeview Elementary School on October 10, regard,ing the proposed traffic signal at 69th Street. Mayor Morrisette reported that the Mayor of Cottage Grove, Jean St. Clair, passed away. BUSINESS FROM THE CITY MANAGER .1. Report on Request for Use of City Property Ms. Stein reported on the request for use of city property by'Gary and Cyndie Crisp: She stated after review of the facts related to the r~quest, that it appears the size of the lot, located at 5660 Daisy Street, Space 51, is too small and not zoned correctly to pasture horses. \ . City of Springfield Regular Meeting - 10/7/96 page five Ms. Stein stated the lot size is 50,955 square feet and is zoned Public Land and Open Space (PLO), and according to the Springfield Development Code (SDC)Jhe pasturing of horses is not a permitted use in a PLOdistrict. Even if the u~e were allowed, the parcel , is not large enough to accommodate three horses, which would require 201000 square feet each ora 60,000 square foot lot. She further explained that the Crisps were led to believe that the 'use of this property for pasturing three horses was a permitted use per codes and regulations. The Crisps also used this property last winter forthe,purpose of pasturing under the assumption that it belonged to the State o'f Oregon. . They entered into a Land Use Permit agreement with ODOT, for which they paid a fee of $150 per year. . Ms. Stein presented two options for Councilconsideratio!J: 1) deny the request or 2) direct staff to amend the necessary code provisions to accommodate the request. Under provisions in the SDC, the Crisps could ask for a formal interpretation of the code, which would be provided by the Planning Commission and would !nclude a fee in the amount of $550. , Ms. Stein reported the CitY Attorney's Office hasdetermiried the SDC would take precedence over the City Code in this matter, due to the date adopted and the state land use regulations. She stated that even if the SDC was amended to allow pasturing in PLO zone, thata use agreement would need to be negotiated with the city. . Councilor Ballew asked if the city has any plans for a road extensionintl1at area;' Mr.' Peroutka replied the Lane County Capital ImprovementPlan has the Eugene/Springfield Highway Extension project (to Jasper Road) listed for 1998-99 and there is currently $2 million dollars being set-aside for the project. Will Hoff, 658 S. 57th, Spac'e #46, of the Emerald Isle MobileHome Park spoke about the amount of property which can not be used due to blackberries, which would affect the 20,000 per horse requirement ,for pasturing. He stated he measured up to 40 feet in around most of the lot. Mr. Hoff complained about the smell from the horses and the increased amount of flies in the area.. He felt the continued use poses a health risk to theretired people residing in the mobile home park. He asked that he and others living near the Crisps be consulted as to . how everyone could live together as good neighbors. \' Cyndie Crisp. 5660 Daisy; Space #51, reported that there was only one complaint received by the city regarding odor from the horses. She stated items were reported incorrectIyin' the staff report, specifically, that they ~ould be willing to get rid of a horse and that adjacent property owners were not appropriately notified. Ms. Crisp reiterated tha~ no matter whose fault it is now, that they were misled and they do l).ot have the necessary funds to seek a formal interpretation from the Planning Commission. They have spoken with' severa,.l city employees over a several month period, in an attempt to resolve this issue. She asked that the Council make a final decision so that they can plan for the future. She asked for temporary permission to'pasture the horses, should the Council not agree to amend the SDC. . Councilor Maine commented that the city should not be responsible for a.mistake thafthe State incurred years ago. She stated she is ,not in support of accommodating the Crjsps requestas it would be a continual problem and a poor use of staff time. . Councilor Ballew stated this situation has gone from bad to worse. She recommended that the SDC not be changed to allow pasturing of horses in a PLO zone. .,' . City of Springfield Regular Meeting - 10/7/96 pag~ SIX .J . Councilor Shaver stated no matter what is done now, that a party will he upset. He felt the , city did compound the problem: more than .once by giving incorrect information to the Crisps. He stated he could not support an amendment of the SDC to allow animals in a PLO zone, but I could support a one-year lease at fair market value, with the input and allowance by the , neighbors, to give the Crisps some time to determine what to do with th~ir horses or to appeal. the SDC interpretation. Mr. Harold explained that the Council can not interpret the SDC, the Planning Commission does, and that both staff and the City Attorney's Office have already stated that animals in a PLO zone are not an allowed use. Councilor Shaver agreed and stated the Crisps could remove the~r fencing, g~te, etc. from the city's property to help them recoup some of the their improvement costs. Mayor Bill suggested neighborhood resolution could have solved this issue prior to it reaching this. point. If res,?lution would have occurred, then the issue would not be before the City Coun~il and all parties would be content. . , . IT WAS MOVEDBY COUNCILOR SHAVER, WITH A SECONI)BY COUNCILOR MAINE, TO ADOPT OPTION #1, TO DENY THE LEASE REQUEST. THE MOTION' . PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (COUNCILOR BURGE WAS ABSENT). 2.. OLCC Liquor License Endorsement for EI Barrio' . Building Official Dave Puent stated EI Barrio, located at 630 Main Street has applied for a permit to operate a dance hall and is seeking liquor license approval for the business presently named the Hard Knox Martial Arts facility. Mr. Puent stated the applicant bas, asked permissioQ. to hold dances at the location on Saturday nights only, and that both adults and minors would commingle. The patrons over 21 years of age would be allowed access to a screened area whiCh would serve alcohol and then they would be allowed to come out and, . ~ommingle with minors on the dance floor. Mr. Puent stated that the Springfield City Code; Chapter 8, Article 23,specifies Council's review process for liquor license applications and Chapter 8, Article 8, providesregulation . for the operation of a dance hall. Police Chief DeF orrest stated Council does not have the authority to deny an OLCC permit, but can make a re.commendation of denial. The City Council can approve or deny the dance hall permit. He explained his three main concerns regarding Council approval of the liquor license: 1) i~ would add one more liquor dispensing business in the downtown area, 2) it ' would allow both adult and minor entertainment at the same time in the same building and give minors visibility to alcohol, and 3) is El Barrio a suitable. environment for minors. . Chief DeForrest explained that the Police Department has been working with existing liquor dispensing establishrp.ents and they have made progress in decreasing criminal activities. . . . " City of Springfield Regular Meeting - 10/7/96 page seven Chief DeForrest explained his recommendation would be to approve the dance hall , permit, per Chapter 8 of the City Code, specifically: 1) all dan~es shall be open at all times for inspection by any police officer of the city, county or state, 2) aU dances shall be closed on or before the hour of 12:00 midnight, 3) all dance halls shall be brightly lighted during the progress of dances, and 4) all dances in darkened rooms are prohibited. He further recommended Council denial of the OLCC liquor license application. IfOLCC , then gr:l'tntsthe}iquor license, he recommends Council pr9hibit minors from being on the premises and the licensee should be required to provide adequate security, t'o be determined by OLCC, to ensure order is maintained inside and outside the premises. If OLCC grants-, the liquor license and allows minors on the premises, he recommends Council impose the following conditions: 1) the, licensee shall provide adequate security, to be determined by OLCC to ensure order is maintained inside and outside the premises and to deny minors' access'to the liquor dispensing area, 2) the licensee shall provide an adequate barrier, to be determined by OLCC, to separate minors from the liquor dispensing area, and 3) the licensee shall comply with all the provisions l;)fthe Sprin,gfield City Code regulating the operation of a dance hall. ' Richard Carlson, 1155 T Street, Springfield, was pres~nt representing Jean Marie Fabrics" which is located directly across the street from the Hard Knox Martial Arts facility. He . . stated some of hi~ clients do notJeel comfortable ,visiting the downtown area; due to safety concerns. He felt the downtown area does not need another liquor dispensing establishment . and that downtown Springfield should represent-retail;'offi!;e'and service oriented businesses" ' Mayor Morrisette suggested Mr. Carlson write a letter to the OLCC, stating his concerns over the approval of another liquor dispensing establishm~nt in downtown Springfield. Alice McElroy, 400 W. Quinalt, Springfield, stated she is a coordinator for the Neighborhood Watch Prograrn in Springfield. . She stated her concerns over allowing another liquor dispensing establishment in the downtown area, as it would cause th~ Police Department ' additional patrol hours. She felt that the youth of the community should not be subject to adults consuming alcohol and that the proposal of commingle-mingling was not acceptable. Sean'Wilson, 885 Oakdale #110, Springfield, spoke representing the Neighborhood Watyh Program, Board of Directors. He cited two factors in his disapproval ofthe liquor.license.' qne of public safety for those in close proximity to El Barrio, the other is the possibility of private property vandalism. He asked what type of vision the Council had for the downtown ar:ea, and strongly urged them not to approve the license. . . , Mayor Morrisette suggestedMr. Wilson also write a letter to the OLCC, stating his concerns overthe approval of another liquor dispensing establishment in downtown Springfield. . , . IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR MAINE, TO APPROVE THE DANCE HALL PERMIT, REQUESTED BY EL BARRIO, ~OCATED AT 630 MAIN STREET, SUBJECT TO MEETING ALL APPLICABLE CITY CODES WHICH REGULATE THE OPERATION OF A DANCE HALL, INCLUDING: '. City of Springfield . Regular Meeting - 10/7/96 page eight 1) ALL DANCES SHALL BEOPEN AT ALL TIMES FOR INSPECTION BY ANY POLICE OFFICER OF THE CITY, COUNTY OR STATE, 2) ALL DANCES SHALL BE CLOSED ON OR BEFORE THE HOUR OF 12:00 MIDNIGHT, 3) ALL DANCE HALLS SHALL BE BRIGHTLY LIGHTED DURING THE PROGRESS OF THE DANCE, AND 4) ALL DANCES IN DARKENED ROOMS ARE PROHIBITED. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST (COUNCILOR BURGE WAS ABSENT). . , . . , Councilor Maine clarified that the permit would be restricted to only one night per week. Mr.Puent explained if the applicant wanted to increase the osage of the permit, that they . c would need to're-apply and again seek Council approval. Councilor Ballew asked if there were parking concerns. Mr. Puent replied no, as there are no specific parking r~quirements for the operation of a dance hall and that fat night he felt there would be plenty of parking i~, the downtown area. " Councilor Shaver stated his concerns over the approval of the liquor license which included mixing minors and adults drinking alcohol and one more alcohol dispensing establishment. ih the downtown area. ' - I J ITW AS MOVED BYCOUNCILOR SHA VER,WITH A SECOND BY COUNCILOR MAINE, TO STRONGLY RECOMMEND TO T.I:ili OREGON LIQUOR CONTROL COMMISSION (OLCC) THAT THEY DENY THE LIQUOR LICENSE REQUEST FROM EL BARRIO, BASED ON THE FACT THAT UNTIL VERY RECENTLY THE . . . ,BUSINESSES IN THE DOWNTOWN AREA-HAD A CONCENTRATION OF ILLEGAL ACTIVITIES AND ONE MORE LIQUOR DISPENSING ESTABLISHMENT COULD CONTRIBUTE TO RENEWED PROBLEMS. IF OLCC DOES NOT AGREE WITH THE CITY AND ALLOWS THE ESTABLISHMENT, THEN COUNCIL RECOMMENDS MINORS BE PROHIBITED FROM BEING ON THE PREMISES AND THE LICENSEE SHOULD BE REQUIRED TO PROVIDE ADEQUATE SECURITY, TO BE DETERMINED BY OLCC, TO ENSURE ORDER IS MAINTAINED INSIDE AND OUTSIDE THE PREMISES. IF OLCC GRANTS T~ LIQUOR LICENSE AND PERMITS MINORS ON . THE PREMISES, THEN COUNCIL RECOMMENDS THE FOLLOWING CONDITIONS BE IMPOSED: 1) THE LICENSEE SHALL PROVIDE ADEQuATE SECURITY, TO BE. DETERMINED ~Y OLCC, TO ENSURE ORDER IS MAINTAINED INSIDE AND OUTSIDE'THE PREMISES AND TO DENY MINORS ACCESS TO THE LIQUOR DISPENSING AREA, AND 2) THE LICENSEE SHALL PROVIDE AN ADEQUATE BARRIER, TO BE DETERMINED BY QLCC, TO SEPARATE MINORS FROM THE LIQUOR PISPENSING AREA. THE ESTABLISHMENT MUST ALSO ABIDE BY ALL APPLICABLE CITY CODES WHICH RE9ULATE THE OPERATIONS OF A DANCE HALL INCLUDING: 1) ALL DANCES SHALL BE OPEN AT ALL TIMES FOR INSPECTION BY ANY POLICE OFFICER OF THE CITY, COUNTY OR STATE; 2) ALL pANCES SHALL BE CLOSED ON OR BEFORE THE HOUR OF 12:00 MIDNIGHT; 3) ALL DANCE HALLS SHALL BE BRIGHTLY LIGHTED DURING THE PROGRESS OF THE DANCE; AND 4) ALL DANCES IN DARKENED ROOMS ARE PROHIBITED. THE MOTION PASSED WITH AVOTE OF 5 FORAND 0 AGAINST (COUNCILOR BURGE WAS ABSENT). . . City of Springfield Regular Meeting - 10/7/96 page .nine . , ) , ',-. Mayor Morrisette stated he would like to invite OLCC to come to Springfield and hold a public hearing on the subject. He felt OLCC should visit with the downtown business and property owners and hear their concerns. ' ' Mr~ Grimaldi stated staff would prepare the appropriate correspondence to the Oregon Liquor Control Commission regarding the motion. . IT WAS MOVED BYCOUNCILOR SHAVER, WITH A SECOND BY COuNCILOR MAINE, TO REQUEST THAT THE OREGON LIQUOR CONTROL COMMISSION (OLCC) SCHEDULE A PUBLIC HEARING IN SPRINGFIELD, PRIOR TO APPROVAL BEING CONSIDERED REGA,RDING THE LIQUOR LICENSE APPLICATION SUBMITTED BY EL BARRIO. THE MOTION PASSED WITH A VOTE OF 5 FOR AND o AGAINST (COUNCILOR BURGE WAS ABSENT).. Councilor Dahlquist suggested the downtown business owners writetoOLCC with their cOl).cerns surrounding adding another liquor dispensing establishment in downtown Springfield. 3. Establishment of Northwest Thurston Neighborhood Association . Planning Manager Greg Mott stated the city had received a request from the Northwest Thurston Neighborhood Association seeking official recognition by the City Council. Mr. Mott ~xplained the CityAttorney's Office, recently'provided staff with a memorandum that included three items they felt the association should include in their bylaws. The .items were: 1) to encourage language regarding the rotation of officers, 2) to clarify the relationships between the officers and association members, and 3) to be more specific with regards:to eligibility requirements. Councilor Maine suggested staff prepare a'template set of bylaws to assist new associations in the creation and development of bylaws. Councilor Shaver agreed and asked staff to provide the officers of the Northwest Thurston Neighborhood Association with copies of already approved association bylaws for reference. He suggested the Committee for Citizen Involvement (CCI) approve a template for neighborhood association bylaws. IT WAS MOVED BY COUNCILOR SHAVER; WITH -A SECOND BY COUNCILOR MAINE, TO OFFICIALLY RECOGNIZE THE NORTHWEST THURSTON NEIGHBOR- HOOD ASSOCIATION, SUBJECT TO THEIR BYLAWS BEING REVISED AND REVIEWED BY THE CITY ATTORNEY'S OFFICE. THE MOTION PASSED WITH A VOTE OF 5 FOR AND ,0 AGAINST (COUNCILOR BURG~ WAS ABSENT). 4. Other Business Mr. Grimaldi reminded Mayor Morrisette and Councilor Maine about the scheduled Metropolitan Policy Committee meeting on O~tober 10. . ...... fI/ City of Springfield Regular Meeting -10/7/96 Page ten ' .. . BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT The meetingwas adjourned at 8:50 p.m. , Minutes Recorder - Shari Higgins ATTEST: <. . . .Bt/J~.~ Mayor \.,. .