HomeMy WebLinkAbout04/05/1993 Regular
. City of Springfield
Regular Council Meeting
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD CITY COUNCIL HELD
MONDAY, APRIL 5, 1993
The City of Springfield Council met in Regular Session in the Springfield City
Council Chamber, 225 Fifth Street, Springfield, Oregon, on Monday, AprilS, at
7:40 p.m., with Mayor Morrisette presiding.
ATTENDANCE
Present were Mayor Morrisette, Councilors Adams, Walters, Burge, Schanz, Maine
(conference call) and Berg (8:03 p.m.). Also present were City Manager Michael
Kelly, Assistant City Manager Gino Grimaldi, City Attorney Tim Harold, City
Recorder Eileen Stein, and members of the staff. City Attorney Joe Leahy was
also in the audience.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Morrisette.
INVOCATION
The invocation was given by Rev. Vern Groves, Ebbert Memorial Methodist.
. SPRINGFIELD UPBEAT
1. City Manager Mike Kelly recognized George Sturgis, Fire and Life Safety,
for 20 years of service to the city of Springfield.
2. City Manager Mike Kelly recognized Gene Highfill, Fire and Life Safety, for
20 years of service to the city of Springfield. Mr. Highfill was not able
to attend the meeting to be presented with his plaque.
3. Mayor Morrisette proclaimed April 11 - 18, 1993 as Barbershop Harmony
Week. He introduced Mr. Stewart and the Cascade Chorus. The group
performed in recognition of Harmony Month.
4. Mayor Morrisette presented the Government Finance Officers Association
Budgeting Award to acting Finance Director Pat Coleman.
5. Mayor Morrisette proclaimed April 4-10 as Arbor Veek.
BUSINESS FROM THE AUDIENCE
1. Glenda Sample, 248 South 70th, spoke in support of OPEU-represented
employees. She requested Council execute the contract with the employees.
She did not support the proposal that employees be required to contribute
toward the cost of employee insurance benefits.
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2. Louise Osterman, 6304 North A Street, spoke in support of employees
receiving fair wages and benefits.
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AprilS, 1993 - Page 2
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3. Richard Yaser, 1487 North A Street, discussed OPEU representation. He felt
the Council needed to join together with the employees for fair family
wages and benefits.
4. Frank Jackson, 1174 Gateway Loop, representing Lane County Labor Council,
spoke in support of organized labor efforts. He felt health care and
maintenance issues needed to be addressed. He felt a standing committees
should be formed to review the level and cost of benefit. He felt this
committee could assist with negotiation efforts. He also discussed cost
containment and urged his recommendations be considered.
5. Sandra Stewart, 1409 Parker, representing Eugene\Springfield Solidarity
Network, spoke in support of OPEU-represented employees. She felt this
group should be treated fairly and should receive maintenance of benefits
and a cost-of-living raise equal to what other city employees receive.
6. Kurt Willcox, 1174 Gateway Loop, representing AFSCME Local 1148, discussed
potential statewide health care programs. He felt the proposed health care
program may impact city rates for health care. He discussed the 1993 CPI
in reference to employee wages. He urged Council to consider a 3-1/4%
cost-of-living raise for OPEU-represented employees.
7.
Pat Riggs, 317 South F Street,
of OPEU-represented employees.
process and a goal to maintain
of Springfield.
representing AFSCME #2831, spoke in support
She also discussed the Springfield Tomorrow
employment and family wages within the city
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8.
Dave Gibson, 761 West N Street, spoke in support of his request for a
special noise permit for the Peoples March scheduled for April 25, 1993.
He requested Council support for his request.
9. William Nicholas, 1873 North 15th, expressed his interested in the upcoming
Ward 1 Council vacancy. This vacancy was created due to the resignation of
Councilor Adams. He requested Council only consider applicants who
previously applied for this vacancy. He discussed candidates who may have
extreme liberal or conservative views. He stated he was also in support of
the Peoples March.
Mayor Morrisette explained the the vacancy would be advertised and new
candidates would have the opportunity to apply for the position.
10. Tim Vollmer, 1679 Willamette Street, representing Home Builders Association
of Lane County, spoke regarding the SDC deferrals. He stated he was
representing those members of the Home Builders Association that live and
work in Springfield and would appreciate any effort on Council's part to
lower the cost of development. He also stated that anytime the cost of the
development is lowered, the developer/builder was able to pass the savings
along in the form of lower rents and lower prices.
11. R. P. Wells, PO Box 916, Eugene, supported OPEU-represented employees and
suggested Council approve funding the $3,500 needed for OPEU-represented
employee contract negotiations.
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AprilS, 1993 - Page 3
12. Dale Rogers, 416 North 63rd Street, owner of Rogers Gardens, spoke
regarding SDC charges. He provided a drawing/plan to Council. He
submitted a drawing to Council. The drawing was of a 10 X 10 restroom. He
explained that 260 sq. ft. was an enclosed structure and the remaining area
was storage space. He explained that the restroom was for private use and
was so posted. He discussed SDC charges. He gave the following figures in
relation to charges: (1) sanitary sewer/city - $358.02; (2) transportation
(additional traffic that would be generated by the restroom) - $499.61; ,
and (3) base charge - $42.88. He stated that the 260 sq. ft. area would
total $951 in SDC's. He stated he felt this this was an extraordinary
amount for the 160 sq. ft. storage unit and 100 sq. ft. private restroom.
He also stated that the charge of $900 did not include storm sewer usage
fees because it was not applicable. He explained that his rate was $3.89
per trip and some businesses were charged $20 per trip. He discussed the
need for rates to be adjusted. He also discussed the economy and jobs in
Springfield. He also discussed the need for diversity in our community and
the need to attract small businesses into the area.
13. Greg Hyde, 1551 B Street, representing the Springfield Urban Forest
Advisory Committee, invited the Mayor and Council to attend events
sponsored by the Springfield Arts Commission and the Urban Forest
Committee. He explained an educational exhibit would hosted April 6, 7:00
p.m., in the lobby of City Hall. He also discussed other activities
scheduled.
14. Shirley Gauthier, Springfield resident, requested Council to endorse the
Peoples March scheduled for April 25.
CONSENT CALENDAR
IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR BURGE, TO ADOPT THE
CONSENT CALENDAR. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
1. Claims
a. Approval of the February, 1993 Disbursements for Approval.
2. Minutes
a.
b.
February 15, 1993
March 1, 1993
March 1, 1993
March 8, 1993
March 15, 1993
March 15, 1993
March 22, 1993
- Regular Session
- Work Session
- Regular Session
- Work Session
- Work Session
- Regular Session
- Work Session
c.
d.
e.
f.
g.
3. Other Routine Matters
a. Liquor License Endorsement for West M Market, Located at 701 West M
Street.
b.
Liquor License Endorsement for El Kiosco, Located at 1909 South A
Street.
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AprilS, 1993 - Page 4
c.
Modification of Lease Agreement with SoftTech Building Systems.
d. Lease with Double "K" Corporation.
e. Lease with St. Vincent De Paul Corporation.
f. Request by Dave Gibson, McKenzie Theater for a Special Noise Permit.
ITEMS REMOVED FROM THE CONSENT CALENDAR
CORRESPONDENCE AND PETITIONS
1. Correspondence from Jenny Sirnio, President, Eugene Planning Commission,
Applauding Springfield for its Initiative in Organizing the Springfield
Familiarization Tour.
IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR WALTERS, TO
ACCEPT AND FILE THE CORRESPONDENCE AND WRITE A LETTER THANKING HER FOR HER
COMMENTS. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
2.
Correspondence from Karen Brownwood, 5202 G Street and John and Kathleen
Slimak, 5223 G Street, Regarding Problems Associated With Stalcup Trucking
Co. Locating its Business at 53rd and G Streets.
IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR WALTERS, TO
ACCEPT AND FILE THE CORRESPONDENCE AND DISCUSS THIS ISSUE. THE MOTION
PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
1.
Karen Brownwood, 5205 G Street, spoke regarding problems associated
with Stalcup Trucking Company and explained her concerns were
addressed in the above referenced letter.
2.
Dan Baker, 5297 G Street, discussed problems related to the Stalcup
Trucking Company and discussed safety issues. He explained he phoned
the Police Department regarding noise problems created by Stalcup
Trucking Company. He discussed the fact that the zoning was
industrial and all the surrounding area was zoned as residential.
3.
Steven Stalcup, 490 Stock Slough, Coos Bay, representing Stalcup
Trucking Company, addressed responded to the comments made regarding
the business. He explained that 37 people were employed with the
company. He explained vehicles were being monitored to evaluate the
complaints of speeding. He also explained he was aware of the
problems creating dirt on the street. He explained that gravel has
been placed to assist with control of the dirt problem. He also
responded to comments regarding noise problems. Mr. Stalcup answered
questions of Council.
Councilor Burge discussed the fact that this area was zoned as
industrial. He asked Mr. Stalcup what he felt could be done to
address problems raised by citizens. Mr. Stalcup replied that
measures were being taken to address problems raised by citizens. He
explained that the majority of business was conducted during regular
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AprilS, 1993 - Page 5
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business hours. He also explained that vehicle maintenance needed to
be performed during evening hours due tot the fact that the trucks
were being driven during the day.
City Manager Mike Kelly discussed the Department of Environmental
Quality noise standards relating to noise created from industrial,
properties. He explained that the city could not prohibit the noise.
City Attorney Tim Harold read the language contained in City Code
section regarding noise.
Councilor Berg discussed road access and the Sullivan property.
Councilor Berg stated he would like Mr. Stalcup to write a letter
which directed his employees to control the noise level after 10:00
p.m. Mr. Stalcup explained that it was the intent of the business to
continue to remain at their current business location.
City Recorder Eileen Stein entered a letter into the public record from
'Shana Witham and Michael Tolleson, 5287 G Street. The letter addressed
problems related to Stalcup Trucking Company.
IT WAS MOVED BY COUNCILOR BURG, WITH A SECOND BY COUNCILOR ADAMS, TO ACCEPT
AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0
AGAINST.
PUBLIC HEARINGS
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1. Sale of Surplus Land.
Dan Brown presented a staff report on this issue. The city has owned the
subject land for many years. In 1952, the city sold the adjacent land but
preserved the subject land in case South A Street were to be extended
eastward. The city also gave, at the time it sold the adjacent land, a
first right of refusal to the buyer (of which Rosboro Lumber Co. is a
successor) to buy the subject land for $500 per acre. For 40 years, the
city has not found it necessary to use the subject land nor does staff
foresee the need to do so in the future. If, in the event that Rosboro or
its successor were to redevelop its property, the city's development
process would require dedication of the appropriate street right-of-way.
Rather than considering a transition at only $500 per acre, which would
total $720 for the subject property, Rosboro and the city cooperated to
have the subject property appraised and found the market value to be
$28,000. Rosboro is willing to pay cash, which would be receipted into the
city's street fund.
For many years, Rosboro has used the subject property for free under a
permit granted by the City Council. Sale of the land to Rosboro will put
it back on the tax rolls. Rosboro's stated purpose for wanting to purchase
the subject land is to do 'house-cleaning' (i.e., clean up the land they
are using). This would be consistent with the City Council's 1992 vacation
of unused street right-of-way within the Rosboro. Lumber Company plant.
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Larry Thorp, attorney for Rosboro, vas available to answer questions of
Council.
City Council Regular Session Meeting Minutes
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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 WALTERS, TO
AUTHORIZE THE SALE TO ROSBORO LUMBER COMPANY OF THE EAST 892 FEET OF TAX
LOT 500 ON ASSESSOR'S MAP l7-03-36-00K FOR THE APPRAISED MARKET VALUE OF
$28,000. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. (COUNCILOR
BERG STEPPED OUT OF THE MEETING MOMENTARILY.)
2. Sign Code Update.
ORDINANCE NO. 1 - AN ORDINANCE PERTAINING TO SIGN STANDARDS, AMENDING THE
SPRINGFIELD MUNICIPAL CODE BY REVISING, ADDING, AND DELETING PORTIONS OF
CHAPTER IX, ARTICLE 7, SECTION 2 DEFINITIONS; SECTION 3, SUBSECTION (3) (A)
PROJECTION AND CLEARANCE; SUBSECTION (4) LOCATION AND SETBACKS; SECTION 7,
SUBSECTION (11) EXEMPT SIGNS; SECTION 8, SUBSECTION (10) PROHIBITED SIGNS;
SECTION 9 APPEALS; SECTION 14, SUBSECTION (1) SINGLE BUSINESS; SECTION 17,
1-5 MALL/SPORTS FACILITY SIGN DISTRICT; SECTION 19, LIGHT-MEDIUM, SPECIAL
HEAVY INDUSTRIAL AND HEAVY INDUSTRIAL SIGN STANDARDS; SECTION 20, BILLBOARD
DISTRICT; SECTION 21, PUBLIC LAND AND OPEN SPACE DISTRICT; SECTION 22,
SPECIAL LIGHT INDUSTRIAL DISTRICT; AND SECTION 23, SCHOOLS (FIRST READING).
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Building Official Dave Puent presented a staff report on this issue. The
amendment to the city sign code was reviewed at the March 22, 1993 Council
work session. Council discussed the majority of the proposed changes, the
question of allowing or prohibiting banners and wind activated signs
(pennants, blimps, balloons, spinners and commercial advertisement flags)
received the most attention. Under the proposed ordinance, banners and
wind activated signs are prohibited except by special permit as provided in
section 9-7-4 (4).
The most noteworthy changes to the existing code is the formatting of an
appeal/variance process. As requested, a cost analysis of the appeal
and/or variance process is included in the attachments.
No significant financial impact to the city or business is anticipated from
the proposed changes.
Mayor Morrisette discussed the proposed language that neon signs would not
be allowed. He explained that one school had a lighted sign. Mr. Puent
explained that the code would allow that sign to be externally or
internally illuminated, although, neon signage would be excluded.
Mayor Morrisette opened the public hearing.
1.
Dale Rogers, 416 North 63rd Street, spoke regarding sign codes and
commented that he felt this issue needed to be further reviewed. He
provided Council with photographs. He explained he had been cited for
violation of the sign code. He explained he has addressed Council
previously about this issue and had presented photos of other
businesses who were in violation of the sign code regulations. He
felt that businesses who had large parcels should be allowed equal
signage. He requested banners be accepted for businesses such as his.
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City Council Regular Session Meeting Minutes
. April 5, 1993 - Page 7
be ex~mined and taken
were professionally
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Councilor Walters asked Mr. Rogers what his feeling was if the
code allowed professionally made banners. He alsoladdressed city
image issues. Mr. Rogers replied that he was alsolconcerned with the
image of the city. Mr. Rogers. submitted photos for Council review.
Councilor Burge asked Mr. Rogers to document what his recommendations
were for variances and minimums in relation to hislproperty and/or
similar business properties. Councilor Burge requested that this
information be provided to Council.
He felt the nature of the business needed to
into account. He explained that his banners
printed/produced.
Mayor Morrisette closed the public hearing.
Councilor Berg discussed potential problems associated with allowing
exemptions for a business. Council responded to comments made by Councilor
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Council recessed at 9:20 p.m. Council reconvene at app~oximately 9:32 p.m.
3.
Social Gambling.
ORDINANCE NO. 2 - AN ORDINANCE ALLOWING SOCIAL GAMES WITHIN THE CITY OF
SPRINGFIELD SUBJECT TO CONDITIONS AND RESTRICTIONS, ESTABLISHING ARTICLE XV
"SOCIAL GAMES" OF THE SPRINGFIELD CODE 1965, REPEALING SECTION 5-13-5 OF
THE SPRINGFIELD CODE 1965, AND AMENDING SECTIONS 8-6-6,18-6-7 AND 8-6-8 OF
THE SPRINGFIELD CODE 1965, AND DECLARING AN EMERGENCY. '
Council discussed the emergency clause contained in the ordinance. By
Council consensus it was agreed that the emergency clause would remain on
the ordinance and Council would take action on this ite~ this evening.
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Council requested an amendment to the ordinance that allows social
gambling, consistent with Oregon state criminal statute~, and imposing
specific limitations. This ordinance responds to that request.
On June 3, 1991, the City Council approved an ordinancelthat allowed social
gambling in Springfield, consistent with state law. Upon review of the
manner in which the ordinance was being used in the city, Council
determined that the Social Gambling Task Force be formed to examine
gambling in Springfield. After a work session discussion, based on the
results of the task force, Council directed the ordinance be written. The
ordinance is based on the regulations in Redmond, Oregort, and is consistent
wi th state law. I
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Mayor Morrisette opened the public hearing. I
1. Alec Silverman, F Street, spoke in support of social gambling. He
felt it was a person's own social responsibility t6 control their own
financial situation. He explained that the money ~pent in social
gambling, both won and lost, was spent in Springfield, Eugene or
within Lane County. He felt Council should not ad6pt regulations
City Council Regular Session Meeting Minutes
AprilS, 1993 - Page 8
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which were too stringent.
Frank Ratti, 405 Riverview Blvd., spoke in oPPosition of gambling. He
stated that he felt a false perception was given r~garding the
community view that gambling was acceptable. He f~lt this was not a
true perception. He explained that those opposed ito gambling may not
have voiced opposition. He supported strict restr~ctions if gambling
was allowed. I
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Paul Barnum, 658 Edgemont Way, spoke in oppositionl of gambling. He
stated he did not feel gambling reflected values df this community.
He felt the proposed ordinance would assist in codtrolling gambling
and keeping it as a social activity. He explain~d he was willing to
tolerate social gambling if the proposed ordinanc~ was adopted.
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Kevin Whiteworth, 2380 Pershing, Eugene, spoke reJarding social
gambling. He discussed the Redmond ordinance. H~ felt the ordinance
needed to be revised and he discussed bets and tatile limits. He felt
the limits were acceptable, although, felt that i~ the establishment
was required to handle chips, they would be promoting gambling.
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Robert Houston, 1390 Alder, Eugene, spoke regardiJg social gambling.
He felt that installing regulations could help corttrol a financial
loss to families. He felt a $2 limit would allow I individuals to enjoy
gambling as a social activity. I
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Jim Xiarhos, 1220 Mohawk Blvd, owner of Angelinos iRestaurant, spoke in
support of social gambling. He reminded Council ~hat if they adopted
the proposed Redmond ordinance, Council should allow businesses a the
time necessary to meet the requirements of the or~inance. He also
stated that individuals 21 years of age or older yere responsible for
their own finances. I
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John English, 1620 I Street, spoke in opposition 6f gambling. He felt
that any gambling other than social was illegal. IHe felt $5 or $10
limits were not acceptable. He provided Council yith a hand-out.
The information contained in the document outlined what he felt
individuals could spend during one evening of gambling. He requested
that if a tie needed to be broken, that Mayor Morrisette veto
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gambling. I
Councilor Burge questioned Mr. English on why he ~as previously in
consensus with the Task Force recommendation and ~ow was opposed to
it. Mr. English explained that once he totaled the potential amount
of money which could be spent on gambling, he felt this activity would
be commercial gambling. I
Greg Shaver, 1225 Water, explained he was not in ppposition of social
gambling, although, did not think industrial gamb~ing had a place in
Springfield or Oregon. He supported the proposed I ordinance and felt
the ordinance would limit this activity to a social level.
Mike Cole, 1474 C Street, suggested a new task folce be created to
review the issues with a new outlook. I
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City Council Regular Session Meeting Minutes
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10. Leonard Martin, 945 North 54th Street, spoke regarding social
gambling. He felt people should be able to know what their comfort
level was for gambling., I
11. Tiki Whitworth, 983 Chambers, spoke in support of ~ocial gambling.
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Council discussed the ordinance and items included in toe draft. City
Attorney Joe Leahy responded to questions of Council. i
Councilor Schanz recommended eliminating the game of black jack from the
ordinance. I
Councilor Berg did not support social gambling. He add~essed the cost of
enforcement related to social gambling. He was opposedito taking a police
officer off street duty in order to enforce gambling. ~ouncilor Berg noted
the resources needed to enforce this activity have not yet been addressed.
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Councilor Burge responded to comments made by CouncilorlBerg. He
explained that the Police Department representatives said that if the
ordinance contained reasonably restrictive conditions that the enforcement
cost would drop dramatically. He explained that it was I'proposed by two of
the police captains and the city attorney that the fees be set as they were
in the proposed ordinance. That amount was $250 for a business license fee
for any establishment operating social gaming and $500 per table. He
explained that he did not negotiate this amount with th~m, the amounts were
proposed to him. Councilor Burge found the amounts to be acceptable and
fair. He explained that he also questioned the ordinande and if it was in
violation of state law. He explained that it was the opinion of the city
attorney that the ordinance was in compliance with Oregon statutes. He
stated that he would not challenge Mr. Leahy's opinion ~ithout specific
reasons. He had confidence in Mr. Leahy and his knowledge.
Mayor Morrisette supported the proposed ordinance.
Councilor Maine supported the proposal of the Task Force and the ordinance.
He felt this ordinance would control industrial gambling.
Councilor Walters questioned if Council should be conceJned that adopting
the ordinance may open doors for opportunist to come to ]Springfield and
take advantage of people by cheating. He proposed thatla sealed deck of
cards be provided by establishments. I
City Attorney Tim Harold discussed the Redmond ordinance and the reference
made to chips being provided by the establishment. He ~xplained that the
opinion by the Attorney General rendered that you could inot have a house or
establishment involved in social gambling, setting up tHe game, acquisition
of necessary equipment and financing.
Councilor Walters suggested the ordinance be amended to require that the
house provide free deck of cards every hour.
Councilor Burge suggested that a new deck could be provided upon request of
the player rather than every hour.
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AprilS, 1993 - Page 10
Councilor Maine supported having the establishment control the deck of
cards but did not support rotation of a new deck of car~s every hour.
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Mayor Morrisette closed the public hearing. I
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR ADAMS, TO ADOPT
ORDINANCE NO. 2 YITH THE FOLLOWING AMENDMENTS: THAT THEI LICENSED
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ESTABLISHMENT CAN AND WILL FURNISH GAMING CHIPS, CARDS IIN AN UNOPENED
CONTAINER AT NO COST, THOSE WILL REMAIN IN PLAY UNTIL SUCH TIME AS A PLAYER
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REQUESTS A NEW DECK, AND THAT THESE PROVISIONS BE INCLqDED IN THE POSTED
RULES. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 AGAINST (SCHANZ).
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IT WAS MOVED BY COUNCILOR SCHANZ, WITH A SECOND BY COUNCILOR BERG, TO AMEND
MOTION TO EXCLUDE THE GAME OF BLACK JACK FROM THE ORDINANCE. THE MOTION
FAILED WITH A VOTE OF 3 FOR AND 4 AGAINST (ADAMS, BURGE, MAINE AND
MORRISETTE). I
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR BERG, TO AMEND
THE ORDINANCE TO PROVIDE A REASONABLE AMOUNT OF TRANSITION PERIOD TO ALLOW
THE ESTABLISHMENTS TIME TO OBTAIN A LICENSE AND PAY REQUIRED FEES. THE
EFFECTIVE DATE OF ALL THE PROVISIONS OF THE ORDINANCE VOULD BE APRIL 30TH,
1993 WITH THE EXCEPTION OF THE LICENSING REQUIREMENT WHICH WOULD BE
EFFECTIVE JUNE 30TH, 1993. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0
AGAINST. I
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The revised ordinance would be presented to Council foJ adoption on April
19, 1993. II
ORDINANCES
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1. Adoption of the 1993 Edition of the Oregon Structural ~nd Mechanical
Specialty Codes. I
ORDINANCE NO. 5681 - AN ORDINANCE AMENDING ARTICLE 2 "OREGON STATE
STRUCTURAL SPECIALTY CODE" OF THE SPRINGFIELD DEPARTMENT OF DEVELOPMENT
SERVICES, COMMUNITY SERVICES DIVISION "BUILDING SAFETYiCODES," AND
DECLARING AN EMERGENCY. I
ORDINANCE NO. 5682 - AN ORDINANCE AMENDING ARTICLE 3, l'OREGON MECHANICAL
SPECIALTY CODE" OF THE SPRINGFIELD DEPARTMENT OF DEVELOPMENT SERVICES,
COMMUNITY SERVICES DIVISION "BUILDING SAFETY CODES," AND DECLARING AN
EMERGENCY. I
Building Official Dave Puent provided a staff report on this issue. The
state of Oregon has recently adopted the 1993 edition bf the state
structural and mechanical specialty codes to be includ~d as part of the
state building code. The city must also adopt these c6des at the municipal
level to provide for the uniform enforcement of buildihg codes as required
by Oregon statute.
The Springfield Community Services Division is charged with the enforcement
of a statewide, uniform building code which is a compo~ite of the most
recent editions of several specialty codes amended by the state of Oregon
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AprilS, 1993 - Page 11
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and then adopted as the Oregon specialty codes. As req~ired in ORS
455.040, the state building code shall be applicable and uniform throughout
the state and in all municipalities. I
The financial impact to business for the majority of chlnges is minimal and
in some areas will result in a cost reduction. However) there are several
moderate to significant cost increases for certain buil~ings that will
result from some of the changes. Several noteworthy items where cost
increases will occur are as follows: I
a. Handicap Access - approximately 1% to 3% of additi6nal cost to the
overall construction costs for new buildings presently not required to
be handicap accessible. Under the existing code, public buildings
with a ground floor area of less than 4000 sq. ft. lor not more than 20
ft. in height are not required to be handicap accessible.
Seismic Analysis/Design - approximately 4% to 5% ilcrease in the
overall construction cost per significant structur~. Besides
substantial changes in earthquake construction regolations, the state
has also increased the design standard (zone 3) frbm the existing
code. I
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IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCI~OR ADAMS, TO ADOPT
ORDINANCE NO. 5681 AND DECLARING AN EMERGENCY. THE MOTION PASSED WITH A
VOTE OF 6 FOR AND 0 AGAINST. i
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IT WAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCI~OR ADAMS, TO ADOPT
ORDINANCE NO. 5682 AND DECLARING AN EMERGENCY. THE MOTION PASSED WITH A
VOTE OF 6 FOR AND 0 AGAINST. I
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Repeal of Ordinance Dealing with Article XIII, Low Income Housing Tax
Exemption. I
ORDINANCE NO. 5683 - AN ORDINANCE REPEALING ORDINANCE NO. 5668 ARTICLE XIII
"LOW INCOME HOUSING TAX EXEMPTION," SECTIONS 2-13-1 THROUGH 2-13-8 OF THE
SPRINGFIELD CODE 1965, AND DECLARING AN EMERGENCY. i
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Development Services Director Susan Daluddung presented la staff report on
this issue. On February 1, 1993, Council adopted ordin~nces to implement
two property tax exemption programs for low-income housing. Council also
took action to place an annual cap on the programs and ~o limit eligible
projects to elderly housing only. The City Attorney ha~ determined this
cannot be incorporated into the Low-Income Housing Tax Exemption Program
for non-profit corporations, and therefore, it is proposed this program be
repealed. I
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This tax exemption program was adopted by Council on Feoruary 1, 1993 with
the conditions that an annual cap be placed on the progtam and the program
be limited to elderly housing only. The City Attorney ~as determined these
local preferences cannot be added to the program under discussion here.
The Oregon state statute would need to be adopted in th~ entirety with no
additions or deletions. I
As a matter of information to Council, another tax exem~tion program for
b.
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AprilS, 1993 - Page 12
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non-profit corporation housing assistance exemption codified at ORS 307.241
et seq. is available to private non..profit corporations I providing elderly
housing through the Oregon Department of Revenue without city approval
required. I
IT VAS MOVED BY COUNCILOR BERG, WITH A SECOND BY COUNCILOR WALTERS, TO
ADOPT ORDINANCE NO. 5683 AND DECLARING AN EMERGENCY. THE MOTION PASSED
WITH A VOTE OF 6 FOR AND 0 AGAINST. I
I
I
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Councilor Schanz stated he would be on vacation Aptil 12.
I
Councilor Maine concluded his conference call at 10:55 p.m.
Councilor Berg requested that staff that the city Love a code
amendment change in the provision of duplex zoning~ allowance of
duplexes within the Washburne Historic districts, allowing exemptions
of current properties so that they would be exemptl Council concurred
with this request. I
Councilor Berg stated that he had provided copies of a document for
Council review. The document was related to Washirtgton enforcement of
state and federal building housing codes. He disc~ssed rental housing
in poor condition and the fact that there was nothing neighbors, the
city or tenants could do. He recommended Council modify the program
and require that the city not inspect the property: unless two separate
complaints were received from two different addres$es, and must be
from non-city employees. He had a concern that many rental units in
Springfield did not meet state or federal standard$ and were a safety
liability. I
Building Official Dave Puent provided the Council with information
related to the Springfield housing code enforcement regulations. He
explained 300-400 inspections of this sort were co~pleted each year.
I
Councilor Burge was not comfortable with the panha~dling occurring in
Springfield. He referenced people holding up signs "will work for
food." He asked the City Attorney to review this .nd let him know if
there was an ordinance which regulated this activity. City Attorney
Tim Harold explained the current ordinance would b~ reviewed and the
information would be provided to Council. Counci16r Berg supported
comments made by Councilor Burge. I
Councilor Berg said he would resign from Council effective April 19th.
He explained this was a difficult decision for himJ A resignation
letter was distributed to Council.
c.
.
BUSINESS FROM THE CITY COUNCIL
1.
Other Business.
a.
b.
.
e.
f.
BY COUNCIL CONSENSUS, COUNCILOR BERG'S RESIGNATION LETTER WAS ACCEPTED
INTO THE RECORD.
.
g.
Councilor Adams announced he would resign from the Council due to
. City Council Regular Session Meeting Minutes
AprilS, 1993 - Page 13
h.
I
health and employment related reasons. A letter wbuld be forthcoming.
Mayor Morrisette supported the request by Mr. Gibs~n to support the
Peoples March on April 25th. Mr. Gibson explainedl the Peoples March
represented people coming together for various reasons including
religious, human rights, people of color, etc. Hel stated the march
would represent people who felt they were being di~criminated against.
A list of hosts and sponsors would be provided to Council.
.
Council discussed this issue in detail.
Councilor Berg, Burge, Schanz and Walters did not support endorsement
I
of the march. Councilor Walters responded to comments made by Mr.
Gibson. I
i. Councilor Berg left the meeting at 11:25 p.m.
BUSINESS FROM THE CITY MANAGER
1.
Standards and Guidelines for the New Low-Income Rental Housing Tax
Exemption Program. I
RESOLUTION NO 93-15 - A RESOLUTION ADOPTING STANDARDS AND GUIDELINES FOR
PROCESSING APPLICATIONS FOR NEW LOW-INCOME RENTAL HOUSING PROPERTY TAX
EXEMPTION.' '
.
Development Services Director Susan Daluddung presented a staff report on
this issue.
Handouts were provided to Council. The handouts reflecfl ed minor revisions
to the Standards and Guidelines document, pages 1 and 41,
On February 1, 1993, Council adopted ordinances to implement two property
tax exemption programs for low-income housing. Councill also took action to
place an annual cap on the programs and to limit eligibie projects to
elderly housing only. The City Attorney has determinedl this action can
only be done with one of the tax exemption programs, the New Low-Income
Rental Housing Tax Exemption Program, which is under di~cussion here.
Interest has been expressed in this New Low-Income Rent~l Housing Tax
Exemption Program by the Springwood developers, who face a rapidly.
progressing development timeline. Once the standards ahd guidelines are
adopted, the Springwood developers intend to submit an application.
, I
I
I
In order to begin implementing the New Low-Income Rentai Housing Tax
Exemption Program, the Oregon Revised Statutes requires: the city to adopt
"standards and guidelines." The standards and guidelines (Attachment I)
establish policies governing basic requirements for approving an
application. Council's action to place an annual cap of $100,000 in tax
exemptions and to limit eligible projects to elderly hohsing only are
included in the standards and guidelines. The City Attbrney has determined
the cap and targeted elderly population can be incorporkted only into this
tax exemption program.
.
.
. City Council Regular Session Meeting Minutes
AprilS, 1993 - Page 14
IT WAS MOVED BY COUNCILOR WALTERS, VITH A SECOND BY COUNCILOR ADAMS, TO
ADOPT RESOLUTION NO. 93-15. THE MOTION PASSED WITH A VpTE OF 4 FOR AND 0
AGAINST. .
2.
System Development Charge Agreement for Deferral.
.
RESOLUTION NO. 2 - A RESOLUTION PROVIDING FOR DEFERRAL ;OF SYSTEMS
DEVELOPMENT CHARGES (SDC). I
ORDINANCE NO. 6 - AN ORDINANCE REGARDING SYSTEM DEVELOPMENT CHARGES,
AMENDING ARTICLE 2 SYSTEMS DEVELOPMENT FEES OF CHAPTER :II, LOCAL
IMPROVEMENTS OF THE SPRINGFIELD CODE; AMENDING SECTIONS 2-11-7 COLLECTION
OF CHARGES, SUBSECTION (2) AND (4) AS DESCRIBED AND SE~ FORTH AS FOLLOWS;
AND DECLARING AN EMERGENCY. I
Civil Engineer Kip Burdick presented a staff report on!this issue. The
item at issue is whether the city should provide a mecHanism for large
developments (SDC's of $10,000 or more) to pay SDC's ort a two-payment
deferral basis. If so, how shall the deferral programloperate.
Private developers have asked the city to establish a program for deferring
part of the SDC's until the Certificate of Occupancy is issued for large
projects. This would allow them to phase the SDC paym~nts. The city code
allows for such a program to be established. The paym~nt is secured by
placing a lien on the property, but only in the case of default. This
program will help to encourage large-scale developmentlin the city.
At the March 22, 1993, work session on this program, tfue City Council
directed staff to have only two payments, one at permit issuance and one
prior to final occupancy. Council also asked staff tolevaluate the $20,000
cutoff point, and the proportion of payments. The proposed plan calls for
a cutoff of $10,000, and a 50/50 split on the payments~ and no interest
payments. Of seven other cities surveyed, none offered a deferral of SDC's
for large projects. I
1. Tim Hovet, director of real estate development for Sycan B, 3405 Baldy
View Lane, spoke regarding this issue. He discus~ed the cost of SDC's
for different projects. He referenced SDC values I as noted in the
agenda item summary packet. He discussed the building of custom
homes.. He explained these builders were only chatged $2,000 - $3,000
and they were providing a good to the community ahd he stated the city
was proposing to penalize them by making them paYI all fees up-front.
He discussed comments that the city was concerned about negative media
coverage. He stated that if SDC's were required ~efore final
inspection, then they would be paid prior to finai inspection and
there was no threat of people calling for the inspection without
paying the fee. He also discussed staff costs. He did not feel any
costs were incurred. He stated SDC's were composbd of transportation,
sanitary, storm and regional sewers, and now, in residential areas,
Willamalane along with a 5% adMinistrative fee. He stated that if the
city was concerned with administrative costs, he [elt the 5%
administrative fee should be charged 'up-front' ard defer 95% until
final occupancy on all amounts. He felt this wou~d eliminate
penalizing home builders.
.
.
.
.
"f:ity Council Regular Session Meeting Minutes
AprilS, 1993 - Page 15
Councilor Burge stated he recalled staff explaining that funds collected
were not committed or obligated for several years and tfuat the funds
collected were used to assist citywide with sanitary, s~orm and street
sewers. He discussed the fact that he thought one of tfue city goals was
that Springfield was open for business. He felt this c6uld be a sales tool
and should be used. I
I
IT WAS MOVED BY COUNCILOR BURGE TO DEFER THE SDC CHARGES UNTIL THE TIME OF
OCCUPANCY WITH CLEAR LANGUAGE AND UNDERSTANDING IN THE AGREEMENT THAT
STAFF/COUNCIL NOT BE SYMPATHETIC AT THE TIME THAT THE M0NEY IS DUE. (i.e.,
no money upfront). THE MOTION DIED DUE TO A LACK OF A SECOND.
Councilor Adams supported the 50/50 payment of SDC's. I
I
Mr. Burdick answered questions of Councilors Adams and Burge. Councilor
Burge provided detailed comments on this issue.. I
Public Works Director Dan Brown and Building Official Dave Puent answered
questions of Council and provided additional informatiort regarding SDC's.
Due to the lateness of the hour, Mayor Morrisette suggeJted this item be
rethought and brought back to Council at a later date.
ADJOURNMENT
The meeting adjourned at 11:50 p.m.
Minutes Recorder - Julie Wilson
~f~~
ayor
ATTEST: . ~
~ -
CI ty Recorder .
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