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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. . 2. Louise Osterman, 6304 North A Street, spoke in support of employees receiving fair wages and benefits. . City Council Regular Session Meeting Minutes AprilS, 1993 - Page 2 . 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 . 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. . . . . . City Council Regular Session Meeting Minutes 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. . . . . City Council Regular Session Meeting Minutes 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 < City Council Regular Session Meeting Minutes AprilS, 1993 - Page 5 . 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 . 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. . Larry Thorp, attorney for Rosboro, vas available to answer questions of Council. City Council Regular Session Meeting Minutes . April 5, 1993 - Page 6 . 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). . 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. . . . . City Council Regular Session Meeting Minutes . April 5, 1993 - Page 7 be ex~mined and taken were professionally I I 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 I h~. I 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. I I 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 I 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 . . . 2. 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 I 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. I 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. I I 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 I 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 I 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 I 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 3. 4. 5. 6. 7. 8. 9. . . . City Council Regular Session Meeting Minutes . AprilS, 1993 - Page 9 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. , i 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. I 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. . . . . City Council Regular Session Meeting Minutes 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. I 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 I 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 I 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). I 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 I The revised ordinance would be presented to Council foJ adoption on April 19, 1993. II ORDINANCES I 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 . . . . City Council Regular Session Meeting Minutes AprilS, 1993 - Page 11 3. 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 I I 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 I 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 I I 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 I I 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 I 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. . Ci ty Council Regular Session Meeting M:!.nutes AprilS, 1993 - Page 12 d. I 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 I 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 . #3993