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HomeMy WebLinkAbout05/02/1994 Regular 4IIt . 4IIt . ' City of Springfield Regular Council Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY, MAY 2, 1994 The city of Springfield Council met in Regular Session in the Springfield City Council Chamber, 225 Fifth Street, Springfield, Oregon, on Monday, May 2, 1994, at 7:00 p.m., with Mayor Morrisette presiding. ATTENDANCE Present were Mayor Morrisette, Councilors Beyer, Shaver, Walters, Burge, and Schanz. Councilor Maine also joined the Council following her appointment. Also present were City Manager Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Tim Harold, City Recorder Eileen Stein, Administrative Secretary Julie Wilson and members of the staff. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Morrisette. INVOCATION The invocation was given by Rev. Jeff Savage, First Baptist Church. SPRINGFIELD UPBEAT 1. Appointment of Ward 6 Council position and Oath of Office. Due to the death of Councilor Jesse Maine, the Ward 6 Council position is vacant. On April 25, 1994 Council interviewed three candidates and, by a written vote of 3 in favor and 2 opposed, tentatively appointed candidate Maureen Maine to the Ward 6 Council position. According to the Council's operating policies and procedures, this appointment must now be ratified. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR BEYER, TO APPOINT MAUREEN MAINE, TO THE WARD 6 COUNCIL POSITION. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. City Attorney Tim Harold administered the oath of office to Councilor Maureen Maine and she was seated with the Council. 2. Mayor Morrisette recognized the Finance Department and city staff for receipt of the Government Finance Officers Association Distinguished Budget Presentation award. Finance Director Bob Duey received the award on behalf of city staff. 3. Chief of Police Bill DeForrest awarded the Medal of Valor to Police Officers John Slimak, Joe Zito, and Wayne Kerns. Officer Slimak received the award for Officers zito and Kerns. 4IIt 4IIt 4IIt May 2, 1994 Page 2 CONSENT CALENDAR IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR WALTERS, TO ADOPT THE CONSENT CALENDAR WITH ORDINANCE NO. 5736 REMOVED. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 1. Claims a. Approval of the b. Approval of the c. Approval of the d. Approval of the 2. Minutes December, 1993 Disbursements for Approval. January, 1994 Disbursements for Approval. February, 1994 Disbursements for Approval. March, 1994 Disbursements for Approval. a. April 11, 1994 - Work Session b. April 11, 1994 - Continued Regular Meeting of April 4, 1994. 3. Ordinances a. ORDINANCE NO. 5735 - AN ORDINANCE AMENDING CHAPTER 9-7-17, MAP NO.2, I-5 MALL/SPORTS FACILITY & COMMERCIAL SIGN DISTRICTS, OF THE SPRINGFIELD CITY CODE (SECOND READING) . 4. Other Routine Matters a. Approval of the March, 1994 Quarterly Updated Financial Reports. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. Ordinances b. ORDINANCE NO. 5736 - AN ORDINANCE AMENDING SECTION 304, SUBSECTION (A) OF THE SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT COMMUNITY SERVICES DIVISION "BUILDING SAFETY CODE" (SECOND READING) . Mayor Morrisette commented on letters of support received regarding this issue. Mayor Morrisette recognized staff for doing a good job of serving the community. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT ORDINANCE NO. 5736. THE MOTION PASSED WITH A VOTE OF 6 FOR AND o AGAINST. PUBLIC HEARINGS 1. Request for Vacation of a Portion of a Public Utility Easement; John Elmenhurst, Applicant; Jo. No. 94-03-61. ORDINANCE NO. 3 - AN ORDINANCE VACATING THE NORTHERLY 2 1/2 FEET OF A 20-FOOT WIDE SEWER TRUNK EASEMENT, AS RECORDED IN REEL 201, INSTRUMENT NUMBER 79968, LANE COUNTY, OREGON DEED RECORDS; AND THE SAME PORTION OF A COTERMINOUS 20 FOOT WIDE PUBLIC UTILITY EASEMENT THAT IS CENTERED ON THE BOUNDARY LINE COMMON TO LOTS 2 AND 3, AND ON THE BOUNDARY LINE COMMON TO 4IIt 4IIt 4IIt May 2, 1994 Page 3 LOTS 7 AND 8, MICHELLE EAST SUBDIVISION, AS PLATTED AND RECORDED IN FILE 73, SLIDE 212, LANE COUNTY, OREGON PLAT RECORDS (FIRST READING) . Ordinance No. 1 received a first reading by title only. City Planner Lauren Lezell presented the staff report on this issue. applicant is requesting vacation of the northerly 2 1/2 feet of a 20 wide public utility easement that is centered on the common property of Tax Lots 302 and 303, and Tax Lots 307 and 308, on Assessor's Map 17-02-34-42. The applicant states that the reason for the request is to allow for the construction of wider residential units. The foot line The subject property is located on a cul-de-sac off North A Street, between 65th Place and 66th Street. The Metro Plan designation and zoning of the subject property are Medium Density Residential (MDR). The Public Works Department and the affected utilities have reviewed the application, and have determined that vacation of this portion of the easement will have no negative effect on service provision or other public benefit derived from the easement. Mayor Morrisette opened the public hearing. No one appeared to speak. Mayor Morrisette closed the public hearing. 2. Amendments to the Springfield Development Code (Jo. No. 94-04-70). ORDINANCE NO. 5737 - AN ORDINANCE REVISING THE SPRINGFIELD DEVELOPMENT CODE BY AMENDING PORTIONS OF ARTICLE 16 RESIDENTIAL ZONING DISTRICTS; ARTICLE 18 COMMERCIAL ZONING DISTRICTS; ARTICLE 32 PUBLIC AND PRIVATE IMPROVEMENTS; ARTICLE 36 MANUFACTURED DWELLING STANDARDS; AND APPENDIX 1 FEES AND DECLARING AN EMERGENCY. City Planner Gary Karp presented the staff report on this issue. Staff is proposing to amend portions of the Springfield Development Code (SDC) to bring the Code into compliance with State land-use regulations and for certain housekeeping issues. Staff is proposing a number of mostly housekeeping amendments. At the March 7 City Council public hearing to adopt a number of Springfield Development Code amendments, the Planning Commission argued, and the City Council concurred, that the 300 foot notice area be retained. Staff has proposed reducing the notice area from 300 feet to 100 feet as a cost saving measure. These proposed housekeeping amendments included increased postage fees as a trade-off for retaining the 300 foot notice area. The only text change made during the Planning Commission public hearing was that the term "night watchman" quarters was substituted for "security" quarters. The Planning Commission reviewed these proposals at their April 20, 1994 public hearing. The Planning Commission approved the proposed amendments by a vote of 4-0, with 3 absent. 4IIt 4IIt 4IIt May 2, 1994 Page 4 Mr. Karp also discussed the Development Code Fee Schedule Pre-Application Conference fee of $150 and explained that this was a new fee. Since the Development Code was adopted in 1986, the Pre-Application process has been a free service of the city. Staff is having an increasingly difficult time balancing the processing of applications and the work program for the division. Recently there have been a number of potential developers who have received staff advice on subdivision design, in particular. A number of the proposed subdivision proposals cannot even be processed because the land is outside of the city limits, but within areas of the urban growth boundary where utilities cannot be extended for more than 5 years. Staff is proposing this fee as a screening device to allow review of only "serious" proposals. Mayor Morrisette opened the public hearing. 1. Dena Neeman, 3019 South M Street, spoke regarding the proposed ordinance and in opposition of three sections in that ordinance. The referenced sections were 1) Section 16.030 Lot Siz~ Standards, item 3(b), 2) the commentary noted on page B7 of the agenda item regarding manufactured homes in Medium Density Residential District, and 3) Section 32.040, Sidewalk, Accessway and Planter Strip Standards l(c). Mayor Morrisette closed the public hearing. Councilor Shaver responded to points raised by Ms. Neeman. He discussed the Medium Density Residential District and explained that a person did have to have a full MDR plan as a regular MDR development. Mr. Karp responded to comments made by Councilor Shaver and explained the two standard differences. Mr. Karp also provided clarification in response to comments made by Ms. Neeman. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT ORDINANCE NO. 5737. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 3. Appeal of a Planning Commission Decision (Wilbert Langley 94-01-17) - Leon Harper and Carol Goodyard, Appellants: 94-03-60. Due to a personal conflict of interest regarding this issue, Councilor Burge excused himself from the meeting and left the Council Chambers. City Planner Lydia Neill presented the staff report on this issue. The appellants, Leon Harper and Carol Goodyard, seek to reverse the Planning Commission's decision. Ms. Neill provided Council with specific instructions for conducting the public hearing. She explained that the order of proceeding for the public hearing would be the staff report, appellant testimony, parties in support of the appellant position, the applicant (original person who requested the expansion), and appellant rebuttal. Council may then affirm, modify or reverse the Planning Commission's decision. May 2, 1994 Page 5 4IIt The record should be reviewed De novo (allow new testimony) in this matter due to a procedural error in the hearing process. During the explanation of the procedures to those present prior to the hearing it was not disclosed that the record could be held open for 7 days at the requests of anyone participating in the hearing. Ms. Neill explained that there were two appellants that have submitted the appeal application. They were Mr. Harper and Ms. Goodyard. Mr. Harper was unable to attend the meeting this evening. Ms. Goodyard was in the audience but did not want to address the Council. Ms. Goodyard provided Ms. Neill with the two correspondence. Ms. Neill provided Council with copies of two correspondence received from the appellant regarding this issue. One correspondence contained 13 signatures in opposition to expansion by Dave's Loam and Top Soil truck repair shop. They felt this late night truck repair and heavy truck traffic would be a problem on a day to day basis. The second correspondence contained 15 signatures stating that there has been no use of the property for truck repair prior to the lease by Dave's Loam and Top Soil in excess of 4 to 5 months. 4IIt Ms. Neill entered the discretionary use criteria the Planning Commission used in making their decision into the public record. In order to approve a discretionary use for this particular site, the proposed use shall conform with existing uses in terms of scale, lot coverage, design, insens{tive use and operating characteristics and the use must also not generate any more traffic on local streets or more demand for public facilities that would be permitted in the same zoning district. This lot is located in a Community Commercial District. Also, the proposed use must conform with the applicable Metro Plan policies and applicable descriptions of land use designations shown on the Metro Plan diagram. The Planning Commission found for the applicant in this particular case, and the collection of tax lots are zoned Community Commercial and there is an existing use that is on the property. The use, in staff's opinion, is more of an industrial use rather than a commercial use. The applicant planned to repair and store heavy equipment which is used for his loam and topsoil hauling business. Ms. Neill explained that the lot is currently 80% gravel with a small shop located on the north west corner of the property with two residences on the property. The property is also enclosed by a chain link fence with access on North 33rd Street and an access through the Les Schwab Tire parking lot, which is guaranteed by a Joint Use Access Agreement. Ms. Neill explained that the appellant raised the following issues on appeal: 1) the use was not a pre-existing non-conforming use because there was no truck or auto repair shop on-site 90 days prior to lease, 2) North 33rd Street is unimproved and truck traffic has hindered emergency vehicles in the past, 3) the Mid-Springfield Refinement Plan states that non conforming uses should be discouraged, 4) approximately 100 homes will be 4IIt May 2, 1994 Page 6 4IIt negatively impacted by the expansion due to limited access beyond 300 feet. The issues raised by the appellant dispute the pre-existing status of the use and the negative impacts of the use on the surrounding neighborhood. A non-conforming use does not maintain pre-existing status if the use ceases for more than 90 days. The appellant has stated that expanding this use will create problems for residents that live adjacent to this property in terms of access on an unimproved, street, dust, noise and safety concerns. Ms. Neill also explained that the Planning Commission in finding for the applicant to approve the construction of the shop building, did attach additional conditions of approval. The conditions included screening the lot with site obscuring material, requiring that all area being used for truck parking or circulation be paved and required that an improvement agreement be signed for North 33rd Street for the frontage of this property. This guarantees that the property owner will not remonstrate a street improvement project if that is initiated at a future time. This would guarantee that this person is willing to pay their share of the street improvement cost associated with a street improvement project. The improvement agreement is in lieu of requiring the applicant to make those public improvements now. Ms. Neill provided clarification and responded to issues raised by the Council. Mayor Morrisette opened the public hearing. 4IIt Mayor Morrisette asked if the appellants or representatives wished to speak. No one appeared to speak. Mayor Morrisette asked if anyone wishing to support the appellants position wished to address the Council. Mayor Morrisette acknowledged the two correspondences received from the appellants. For the benefit of the audience, Mayor Morrisette clarified that the appellants were individual(s) appealing the decision of the Planning Commission and wished to overturn that decision. The applicants were individual(s) who applied and the Planning Commission did approve their extension. 1. Jack Gischel, 2457 North 15th Street, sales associate with Metco Investment Realty, representing land owner, Kenneth Lillegren and Dave's Loam and Top Soil. Mr. Gischel referenced a letter contained in the Council's packet from B. J. Rogers Real Estate, property managers of the referenced property. He explained that the letter provided rental history reflecting continuous use for a trucking company for the period between 1989 through December 31, 1993. Mr. Gischel also explained that on January 31, 1994, Dave's Loam and Top Soil took the property by lease from Ken Lillegren and has been operating at that location since that date. Mr. Gischel submitted a handout to the Council. memo dated May 2, 1994, to the Springfield City Gischel regarding the appeal. The handout was a Council, from Mr. 4IIt . 4IIt 4IIt May 2, 1994 Page 7 Councilor Maine questioned the dates on the B. J. Rogers Real Estate letter (Attachment C-6) which reflected a lease period for Bontrager Trucking between March 30, 1991 to December 31, 1994. The date should be December 31, 19~. Councilor Shaver raised the issue of hours of operation and the repair of fleet vehicles. Mr. Gischel responded that it was the intent of Dave's Loam and Top Soil to repair their own vehicles. He explained that their fleet consisted of seven trucks and two trailers. Councilor Beyer questioned if there were any other environmental issues. Mr. Gischel responded that as far as he was aware, the area was safe. Mayor Morrisette stated that if the appellant wished to testify regarding any comments made by the applicant, they could do so at this time. Dave Kranz, Dave's Loam and Top Soil, stated that Mr. Harper (appellant) was at the meeting earlier this evening but was no longer present. The Council discussed the issues related the appeal separately. Issue #1 - The use was not a pre-existing non-conforming use because there was no truck or auto repair shop for 90 days prior to the lease. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR BEYER, THAT THE APPELLANT IS IN ERROR AND/OR THAT THE CLAIM IS UNSUBSTANTIATED AND THAT COUNCIL UPHOLD THE PLANNING COMMISSION DECISION. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. Issue #2 - North 33rd Street is unimproved and truck traffic has hindered emergency vehicles in the past. 1. Mr. Gischel, explained that the Council packet contained a letters from Dennis Shew, Springfield Fire Marshal, and Richard Golden, Captain, Springfield Police. Mr. Gischel explained that Mr. Shew or Mr. Golden were not aware of truck traffic causing emergency vehicle traffic problems or police response time problems. Issue #3 - The Mid-Springfield Refinement Plan states that non-conforming use should be discouraged. 1. Mr. Gischel, requested that Council uphold the Planning Commission's decision and allow the non-conforming use. Issue #4 - Approximately 100 homes will be negatively impacted by the expansion due to limited access that are beyond 300 feet. Council discussed hours of operation. 4IIt 4IIt 4IIt May 2, 1994 Page 8 Mayor Morrisette closed the hearing. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR WALTERS, TO UPHOLD THE DECISION OF THE PLANNING COMMISSION, REGARDING DAVE'S LOAM AND TOP SOIL, WITH THE FOLLOWING TWO MODIFICATIONS: 1) RESTRICT THE HOURS OF OPERATION OF THE MAINTENANCE/REPAIR SHOP BETWEEN 7:00 A.M. TO 9:00 P.M. AND; 2) THE OPERATION OF THE TRUCK AND REPAIR FACILITY BE LIMITED TO SERVICE EQUIPMENT OWNED AND/OR LEASED BY DAVE'S LOAM AND TOP SOIL AND NOT FOR GENERAL TRUCK REPAIR FOR OTHER COMPANIES. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. Council recessed recessed at approximately 8:35 p.m. Council reconvened at approximately 8:46 p.m. BUSINESS FROM THE AUDIENCE 1. Dena Neman, 3019 South M Street, spoke regarding the recent Millrace presentation provided by city staff. She felt that the information provided was inaccurate. Mayor Morrisette recommended that Ms. Neman provide the information, in the form of a letter, to the Council. He explained that this would allow Council an opportunity to review each of her concerns. 2. Richard Jones, 655 Smith Street, Harrisburg, representing Sprenger's, provided a petition signed by 156 social gaming players expressing opposition to the city prohibiting social gaming. 3. Dorothy Velasco, 453 Riverview, representing the Sculpture Selection Committee, spoke in support of the Committee's selection of the "Balancing Act" sculpture by artist Jerry Williams. 4. Nan Kennedy, 1404 Centennial, representing the Springfield Arts Commission, spoke in support of the "Balancing Act" sculpture selected by the jury/selection committee. COUNCIL RESPONSE Councilor Walters responded to comments made by Ms. Velasco. He felt the art work was delightful and pleasing. He also explained that the interpretation and message reported by the media was the interpretation provided by the artist. Councilor Shaver announced that under Business From the Council, he would discuss issues related to the selection process of art work and other issues. Mayor Morrisette stated that Council needed to review the minutes of the November, 1993, where direction on the sculpture was given. Councilor Schanz commented that often government and the arts did not always go well together. He stated that the his major concern was that art work was being purchased for citizens of the community. 4IIt 4IIt 4IIt May 2, 1994 Page 9 CORRESPONDENCE AND PETITIONS 1. Correspondence From Shirley Gauthier, 538 West M Street, in Opposition of Recent Council Action Taken Regarding Firearms Disposition. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. Correspondence From Juliana Keiser, 300 East 6th Street, #3, Junction City, Expressing Opposition to Recent Council Action Regarding Firearms Disposition. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR WALTERS, TO ADOPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 3. Correspondence From Shirley Gauthier, 538 West M Street, Inviting Council to visit West M Street Between Prescott and Rainbow and in Support of Improvements to West M Street. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 4. Correspondence From Marge Jellison, 564 West M Street, in Support of Street Improvements. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 5. Correspondence from D. White, 3738 Main Street, #6, Springfield, Expressing the Need for Crosswalks. Mayor Morrisette requested that staff contact D. White regarding the problems associated with placing a crosswalk where there are no street lights. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO ADOPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 6. City Recorder Eileen Stein entered into the public record correspondence from Don Lutes, 778 Crest Lane, Regarding the Selection of Public Art for Buildings. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR WALTERS, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 7. City Recorder Eileen Stein entered into the public record correspondence from Jonathan Siegle, Director, Springfield Theater, 875 North 7th Street, Regarding the Selection of Public Art. 4IIt 4IIt 4IIt May 2, 1994 Page 10 IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 8. City recorder Eileen Stein entered into the public record correspondence received from Gary Stanfield, Sculptor and Juror, in Support of the Balancing Act sculpture. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR WALTERS, NOT TO I ACCEPT THE CORRESPONDENCE, DUE TO THE LACK OF AN ADDRESS, IN ACCORDANCE WITH COUNCIL POLICY. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 9. City Recorder Eileen Stein entered into the public record correspondence received from Charles Lucier, 704 North 12th Street, Supporting the Art's Commission Decision Regarding a Public Statuary. IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR SHAVER, TO ACCEPT AND FILE THE CORRESPONDENCE. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. BIDS None. ORDINANCES None. BUSINESS FROM THE CITY COUNCIL 1. Committee Appointments. a. Metropolitan Policy Committee Sub-Committee for Metro Plan Conflict Resolution Process. Development Services Director Susan Daluddung provided the staff report. Council President Burge has suggested the formation of a sub-committee to MPC to work on a solution to the conflict between Eugene and Springfield concerning the Metro Plan amendment process. Two members from each governing body would participate. On April 7, 1994, the MPC endorsed Mr. Burge's proposal to form a six member sub-committee that would work exclusively on a new plan amendment process that would be acceptable to each governing body. The members of this sub-committee would be selected by their respective board and/or Council and would meet 2-3 times during the month of May. Councilors Nathanson and Boles will represent Eugene, and Commissioners Rust and Cornacchia will represent Lane County. Ms. Daluddung was available to answer questions of Council. She explained that the meetings are tentatively scheduled for Tuesdays at 4:00 p.m. 4IIt 4IIt 4IIt May 2, 1994 Page 11 BY CONSENSUS, COUNCILORS BURGE AND SHAVER WOULD PARTICIPATE ON THE SUBCOMMITTEE. b. Arts Commission Council discussed this issue in detail. City Manager Mike Kelly explained that a joint meeting between the Council and Arts Commission was tentatively scheduled for May 16, 1994. IT WAS MOVED BY COUNCILOR SHAVER, WITH A SECOND BY COUNCILOR WALTERS, THAT THE CITY OF SPRINGFIELD DELAY ACTUAL SITING OF THE BALANCING ACT SCULPTURE AND ACCEPTANCE OF THE SECOND SCULPTURE UNTIL THERE IS TIME TO MEET WITH THE ARTS COMMISSION TO DISCUSS COMMUNICATION AND PROCESS AND GOALS OF THE ARTS COMMISSION. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 1 (BEYER) AGAINST. c. Councilor Burge discussed the Council's summer recess schedule. Mr. Kelly explained that potential dates would be provided in the Communication Packet for Council's review and selection. d. Councilor Walters stated that the Municipal Judges evaluation was conducted this evening and the judges rating and evaluation was excellent. He recommended that Council pass a resolution expressing support for their service to the community. He felt that the public needed to be informed of their performance. IT WAS MOVED BY COUNCILOR WALTERS, WITH A SECOND BY COUNCILOR SHAVER, TO PASS A RESOLUTION AFFIRMING COUNCIL CONFIDENCE IN THE MUNICIPAL JUDGES AND THEIR CONTINUANCE IN THAT CAPACITY. THE MOTION PASSED WITH A VOTE OF 5 FOR AND 0 AGAINST. Councilor Maine abstained from voting since she had not participated in the evaluation session. e. Councilor Walters stated that Thursday was the National Day of Prayer. He requested that Council support the resolution that recognizes that the 1st Thursday of May is a National Day of Prayer. IT WAS MOVED BY COUNCILOR WALTERS, WITH A SECOND BY COUNCILOR BURGE, THAT COUNCIL SUPPORT THE RESOLUTION THAT RECOGNIZES THE 1ST THURSDAY OF MAY AS A NATIONAL DAY OF PRAYER. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. Councilor Schanz stated that a prayer meeting was scheduled for Thursday at noon, at City Hall. Mayor Morrisette noted that the community prayer breakfast was scheduled for May 17, at 6:30 p.m. Council discussed this and stated that the 20th of April was the deadline to register for the breakfast event. Mayor Morrisette questioned if any Council members were polled to see if they wanted to attend. He stated that he asked staff to contact Council. Mayor Morrisette stated that he would ask Shari Higgins to contact Council regarding interest in attending. 4IIt 4IIt . May 2, 1994 Page 12 BUSINESS FROM THE CITY MANAGER 1. Request for Special Noise Permit - Watchman Ministries. City Recorder Eileen Stein presented the staff report on this issue. Pursuant to City Code section 5-12-8(1) (g), the Council may grant special permits to responsible persons or organizations to broadcast programs of music, news, speeches, or general entertainment. City Code section 5-12-8(1) (g) makes it unlawful to use or operate any sound amplifying device so loudly as to disturb any persons in the vicinity, except that upon application to the City Council a special noise permit may be granted to responsible persons or organizations. Pastor Taylor has submitted a request for a special noise permit for a special march on Saturday, June 25, 1994. March participants will begin assembling at 9:00 a.m. at K-Mart on Olympic Street. The march is tentatively scheduled to follow the traditional parade route down Mohawk to Mail Street, then turn right on pioneer Parkway to B Street to Island Park. The march will conclude with a prayer ceremony at Island Park. A special community event application has been filed with the Development Services Department and march plans have been reviewed by the Springfield Police Department. Mr. Tim Taylor, 732 N. 53rd, provided additional information to Council regarding the event. IT WAS MOVED BY COUNCILOR WALTERS, WITH A SECOND BY COUNCILOR SCHANZ, TO AUTHORIZE THE CITY MANAGER TO ISSUE A SPECIAL NOISE PERMIT TO PASTOR TIM TAYLOR, WATCHMAN MINISTRIES, FOR THE MARCH FOR JESUS EVENT ON JUNE 25, 1994 FROM 9:00 A.M. TO 1:00 P.M. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 2. City Recorder Eileen Stein entered into the public record a correspondence by Justin Rose and Bryan Fields, 226 5th Street, requesting a noise permit for May 7, 1994, at 2114 Centennial Blvd. A birthday party with live bands. IT WAS MOVED BY COUNCILOR WALTERS, WITH A SECOND BY COUNCILOR BEYER, TO APPROVE THE REQUEST FOR A NOISE PERMIT AND DIRECT THE CITY MANAGER TO ISSUE THE PERMIT. THE MOTION PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST. 3. Other Business. BUSINESS FROM THE CITY ATTORNEY ADJOURNMENT THE MEETING WAS ADJOURNED AT 9:40 P.M. May 2, 1994 Page 13 . Minutes Recorder - Julie wilson ATT~ City Recorder #5101 4IIt .