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July 25, 2022 City Council Minutes COUNCIL MEETING MINUTES JULY 259 2022 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON,JULY 259 2022 CONVENED The meeting convened at 7:04 p.m. with Mayor Swenson presiding. ROLL CALL Mayor Swenson Present Councilor Carney Present Councilor Cornwell Present Councilor Schaub Present Councilor Swanson Absent Councilor Puente Present —via video conferencing Councilor Cabrales Absent Staff Present: City Administrator Derickson, Assistant City Attorney Granum, Assistant City Administrator Row, Police Chief Pilcher, Public Works Director Stultz, Community Services Director Cuomo, Community Development Director Kerr, Community Relations Manager Guerrero, Economic Development Director Johnk, Special Projects Director Wakely, Senior Planner Cortes, Public Affairs and Communications Coordinator Moore, City Recorder Pierson CONSENT AGENDA A. Woodburn City Council Special Meeting minutes of July 11, 2022, B. Woodburn City Council Executive Session minutes of July 11, 2022, C. Woodburn City Council minutes of July 12, 2022. Carney/Schaub... adopt the Consent Agenda. The motion passed unanimously. PUBLIC HEARINGS Mayor Swenson declared the hearing open at 7:05 p.m. for the purpose of hearing public input on annexation of approximately 39.68 acres of territory known as the Oregon Golf Association Property with no street address along the east side of Boones Ferry Rd NE north of Hazelnut Dr (ANX 22-02)and approval of related land use applications for development into the Marion Pointe Planned Unit Development(PUD). Mayor Swenson asked if there were any declarations from the Council and there were none. City Recorder Pierson read the public hearing statement. Senior Planner Cortes provided a staff report. Joey Shearer, a planner with AKS Engineering and Forestry, 12965 SW Herman Rd. Suite 100, Tualatin, provided testimony on behalf of the applicant. Mayor Swenson asked if any member of the public wished to speak in support of the annexation of approximately 39.68 acres of territory known as the Oregon Golf Association Property with no street address along the east side of Boones Ferry Rd NE north of Hazelnut Dr (ANX 22-02)and approval of related land use applications for development into the Marion Pointe Planned Unit Development (PUD). No members of the public wished to speak in support. Mayor Swenson asked if any member of the public wished to speak in opposition of the annexation of approximately 39.68 acres of territory known as the Oregon Golf Association Property with no street address along the east side of Boones Ferry Rd NE north of Hazelnut Dr (ANX 22-02) and. approval of related land use applications for development into the Marion Pointe Planned Unit Development (PUD). No members of the public wished to speak in opposition. Mayor Swenson closed the hearing at 7:36 p.m. Councilor Cornwell stated that she thinks this looks like a good plan. Councilor Carney expressed his appreciation for them honoring the City Council's request for changes. Councilors Schaub and Puente concurred. Carney/Schaub... conduct a public Page 1 - Council Meeting Minutes, July 25, 2022 COUNCIL MEETING MINUTES JULY 25, 2022 hearing and make a motion to tentatively approve the land use applications, directing staff to prepare and submit an ordinance and final land use decision for consideration at the next City Council meeting. The motion passed unanimously. Mayor Swenson declared the hearing open at 7:38 p.m. for the purpose of hearing public input on an appeal of the Planning Commission approval with conditions of the US Market Gas Station Development at 2540 & 2600 Newberg Hwy at the southwest corner of Newberg Hwy & Oregon Way(CU 21-02). Mayor Swenson asked if there were any declarations from the Council and there were none. City Recorder Pierson read the public hearing statement. Senior Planner Cortes provided a staff report and began his slide presentation by stating that the issue before the city council is an action on an appeal of a consolidated package of land use applications. He entered the staff report, its attachments, and written testimony received in to the record. Senior Planner Cortes provided a summary of the project. Mayor Swenson called for a five minute break. Councilor Puente stated that another gas station in this area doesn't make sense and he has concerns about the traffic on Oregon Way. Councilor Cornwell and Councilor Schaub concurred with Councilor Puente. Ron Ped, Architect, 1220 20"' St. SE, Salem, provided testimony on behalf of the applicant. Mr. Ped provided the Council with two exhibits in regards to a sound impact assessment. Joe Bessman, Transight Consulting, provided information on the traffic study for the proposed area. Mayor Swenson asked for testimony from the appellant. David Peterson, Attorney with Tonkon Torp, 888 SW Fifth Ave. Suite 1600, Portland, stated that he represents Woodburn Fast Sery Inc. and LB Group, LLC, and that his clients have two fundamental concerns with the Planning Commission's decision. The first that the decision is not procedurally or legally sound and the second the traffic impacts of this proposal have not been thoroughly mitigated. He provided copies of written testimony to the Council. Wayne Kittleson, Kittleson and Associates, 851 SW 6`h Ave. Suite 600, Portland. He stated that his concern with this project is that there is not a sufficient analysis yet available to be able to make informed decisions on the magnitude of this sights contribution to traffic safety issues or the need for mitigation measures. Mayor Swenson asked if anyone wished to speak in favor of the application. No members of the public wished to speak in favor of the application. Mayor Swenson stated that he would now take testimony from those who wish to speak in opposition of the application. Nancy Ferguson, 950 Evergreen Rd., #323, stated that she has concerns with accidents already happening at Evergreen and Oregon Way and that the traffic on Evergreen will become too heavy and dangerous. Bobbi Reisner, 950 Evergreen Rd.,#221, stated that there are a lot of school buses that go by there. She added that we already have enough gas stations and does not want to smell the gas coming Page 2 - Council Meeting Minutes, July 25, 2022 COUNCIL MEETING MINUTES JULY 25, 2022 from this one that will be closer to her home. Doris Ehlen-Kruse, 950 Evergreen Rd., 4128, stated that there is a McDonalds down the street, and multiple convenience stores and gas stations nearby. She stated that the real estate property will deteroriate. Carolyn Shindlebower, 950 Evergreen Rd. #206, stated that her main concern is with Evergreen Rd. becoming too congested and dangerous with more traffic. She added that another gas station & convenience store is not needed. Rebecca Hayes, 950 Evergreen Rd., #505, stated that she is a proponent for age friendly cities and that there are a lot of seniors that live in this area. She added that a better area for the gas stations would be over towards the racetrack and that there are already backups on Evergreen and this will increase traffic. Janie Torabi, 925 Oregon Way, stated that there are trucks going down her street daily. She has concerns about people being hit coming out of the convenience store and it adding more traffic to an already congested area. Anne Reslock, 1375 Quinn Rd., stated that she has concerns about the traffic impacts of this gas station. She recommends that the development is not approved. Jan Duncum, 980 Oregon Way, stated that she is opposed to this gas station being placed here specifically and she has concerns about the increase in traffic. Mayor Swenson asked for rebuttal from the applicant. Joe Bessman, Transight Consulting, stated that the site is zoned for commercial general uses. He added that this would actually result in a traffic reduction during the peak hours in comparison to when it was a bank. He stated that looking at safety, they are proposing to connect the different sites that are between Evergreen and Oregon Way. He further added that the traffic counts they have prepared is a true assessment and conforms with all applicable criteria. Wally Lein, Attorney, 1004 Crescent Drive NW, Salem, stated the Councils job is to apply the criteria,not to decide whether it should be a gas station or a bank. He added that the Council needs to analyze the project and decide if the applicant has complied with the criteria. He noted that ODOT stated that for City Council discussion tonight ODOT would support the City approving the proposal with the condition that the applicant obtain all ODOT approvals prior to occupancy. Del Huntington, Hunting Traffic Solutions, 1235 Panorama Court SE, Salem, stated that he used to work for ODOT and that in his opinion they would approve option one as they almost always want to see interconnectivity. Mayor Swenson closed the hearing at 9:50 p.m. Councilors provided comments and discussion on the application. Mayor Swenson called for a five minute break. Carney/Schaub... overturn the Planning Commission decision and deny the consolidated applications, CU 21-02, DR 21-10, EXCP 21-05, and PP 21-01 for US Market Gas Station on the Page 3 - Council Meeting Minutes, July 25, 2022 COUNCIL MEETING MINUTES JULY 25, 2022 basis that it fails to meet the conditional use criteria section B.3. on the basis of evidence in the Record that demonstrates that the proposed development will not be compatible with surrounding properties and direct staff to return with a final decision at the next Council meeting. The motion passed unanimously. LEGION PARK IMPROVEMENT PROJECT ADDITION EXPENDITURE AUTHORIZATION Community Services Director Cuomo provided a staff report. Carney/Schaub... authorize staff to expend up to an additional $200,000 on the Legion Park Improvement Project, which was awarded to Hellas Construction on October 25, 2021 in the amount of $4,004,694. With the $300,000 additional expenditure authority approved by the City Council on May 23,2022,the new authorized expenditure amount totals $4,504,694, which is necessary to cover required change orders and unanticipated contingencies that might arise during the construction process. The motion passed unanimously. OREGON PSILOCYBIN SERVICE ACT (MEASURE 109) City Administrator Derickson and Assistant City Attorney Granum provided a staff report. Carney/Cornwell... prepare appropriate documentation to put the question of whether to ban Psilocybin service centers, the manufacturing of Psilocybin products, and related activities to the voters of the City of Woodburn. The motion passed unanimously. CITY ADMINISTRATOR'S REPORT The City Administrator reported that he was at the OCCMA conference in Redmond last week and that he chaired the Professional Development Committee. He added that the focus was on mental health and self-care. MAYOR AND COUNCIL REPORTS Nothing to report. ADJOURNMENT Carney/Schaub...move to adjourn. The motion passed unanimously. Mayor Swenson adjourned the meeting at 10:57 p.m. APPROVED ERIC SWENSON, MAYOR ATTEST 1AQ Bather Pierson, City Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, July 25, 2022