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Minutes - 08/14/2006 COUNCIL MEETING MINUTES AUGUST 14,2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 14,2006. 0018 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Absent Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Allen, Senior Planner Zwerdling, Police Captain Tennant, Recreation Services Manager Patterson, Public Works Manager Rohman, City Recorder Tennant For the record, Mayor Figley stated that Councilor Bjelland was out of town. 0054 ANNOUNCEMENTS. A) Music in the Park: Upcoming performances in Library Park are as follows: August 15 2006: Molly's Revenge, 7:00 p.m. August 22,2006: The Ty Curtis Band, 7:00 p.m. B) KaBoom! Playground project is still in need of volunteers to work on construction day, August 24,2006, beginning at 7:00 a.m.. The playground will be built at Nelson Park which is located on Greenview Drive. Mayor Figley stated that the KaBoom Foundation and Home Depot are donating $25,000 worth of equipment as well as some labor for assembling the playground. The City's donation is some preparation work and volunteer time to help with the equipment assembly so that the project can be completed in one day. She urged citizens who have some time available to contact the Recreation and Parks Department to sign-up as a volunteer. Admini strator Brown stated that there was a $10,000 contribution required as part of the grant and this contribution was generously made by the Burlingham Trust. C) Filing Period for Mayor and Council positions: Mayor Figley stated that the filing period will end on Tuesday, August 29, 2006 at 5:00 p.m. and citizens interested in running for office are encouraged to contact the City Recorder as soon as possible since the filing requirements are more involved than in past years. 0244 CHAMBER OF COMMERCE REPORT. Nick Harville, Chamber Executive Director, stated that the Chamber is looking forward to moving to their new office located at the comer of Front and Lincoln Street. This building will have a meeting space on the second floor and it will include a kitchen Page 1 - Council Meeting Minutes, August 14,2006 ... .. .,.,. COUNCIL MEETING MINUTES AUGUST 14,2006 TAPE READING facility. He stated that there are some historical aspects to this building and, during the remodeling process, there were some original windows uncovered under some plywood. One of the rooms upstairs will be named the Marion Room since, many years ago, this building used to be the Marion Hotel and the flooring upstairs has the original stain on the floor showing where the hallway and doorways were located. The walls are double-brick and each of the rooms had woodburning stoves. The front upstairs room will be called the Lincoln Room. Mr. Harville stated that he has been working with a group of Chamber members who are merchants on Highway 99E to do an assessment of what needs to be done on Highway 99E to help merchants along this highway attract more people to their businesses. The next step is to develop a strategic plan and next month the group will meet with ODOT to discuss future ODOT projects. The group is also following the City's Economic Development Plan as part of their planning process. He stated that the Branding Process is in its final stages and a tag line and logo have been decided upon. However, he emphasized the fact that this whole process is more than tag line and logo in that it provides descriptive words for marketing Woodburn and in trying to create a new image with a lot of the image creation being related back to a business or an individual's experience beginning with their research into our community. The Chamber's job will be to continue to work with the community so that the experience is consistent. Mr. Harville stated that another project the Chamber has begun is a Work Force Development Program involving the four surrounding school districts and large businesses from the area. This program will assist students in seeing what careers are available within our community, provide a skill assessment to students, and then mark out a career path so that the student can plan their educational pathway. The Chamber is also working with E-3 (Enterprise for Education) and the Chamber is applying for a 3-year $2 million grant that will work on developing certified programs for positions such as warehousemen, fork lift operations, and warehouse management. 0725 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, School Superintendent, stated that the Board will have a bond measure before the voters in the November 2006 General Election in the amount of$40.5 million. The bond proceeds will pay for land and construction costs for a 500-student elementary school, expansion of Valor Middle School, expansion of Nellie Muir School, and expansion to the Woodburn High School Annex. The bond would be paid off over a 20- year period and the estimated tax rate is $2.16 per $1,000 assessed value for the first year and S 1.97 per $1,000 assessed value for each year thereafter. In regards to student assessments, there has been a lot of growth in the reading scores in grades 3, 5, and 8 with over 20% more students meeting the standards. In math, there is also a steady growth but it is not as dramatic as reading with the growth ranging from 5%-15%. The District's biggest concern is at the high school level which is one reason for the District's decision to move towards the small schools concept. The High School Annex will not be Page 2 - Council Meeting Minutes, August 14,2006 ..... COUNCIL MEETING MINUTES AUGUST 14,2006 TAPE READING completed at the start of school and it is anticipated that the Annex will be ready for use in November. He stated that the School District is pleased to work with the Chamber and E-3 in order to better connect the schools with the business community. 0990 Betty Stuchlik, 938 Oregon Way, voiced her concern about the amount of truck traffic that travels down Oregon Way since the drivers miss the earlier turns off of Highway 214 to Wal-Mart which allows overnight parking in their parking lot. She suggested that a "No Truck" sign be placed on the traffic signal light structure which is a sign that is seen in some communities. She had recently been to Wal-Mart on a Sunday morning and counted 29 semi-trucks and 4 or 5 RV's in the parking lot. She stated that she had briefly discussed this issue with the Public Works Director but wanted to make the Council aware of the problem. Mayor Figley stated that the City will take a closer look at the problem to see if anything can be done. 1200 CONSENT AGENDA. A) approve regular and executive session Council minutes of July 24,2006; B) accept the draft Planning Commission minutes of July 13, 2006; C) accept the Building Activity report for July 2006; D) receive the Planning Project Tracking Sheet dated July 31,2006; and E) receive the Police Department Statistics report for July 2006. MCCALLUM/COX... adopt the Consent Agenda as presented. The motion passed unanimously. 1264 PUBLIC HEARING: COMPREHENSIVE PLAN MAP AMENDMENT 04-02, ZONE CHANGE 04-03, CONDITIONAL USE 04-10, DESIGN REVIEW 05-03, AND SIGN DESIGN REVIEW 06-06 FOR PROPERTIES LOCATED SOUTH OF NEWBERG HIGHWAY, EAST OF SOUTH WOODLAND AVENUE, AND WEST OF 1-5 (West of Hillyer's Mid-City Ford Dealership). Mayor Figley declared the public hearing open at 7:23 p.m.. For the record, Mayor Figley stated that she has driven by the site repeatedly both in reference to the current application and in just driving by the location over the years and, in the course of social conversations, had some feedback from a couple of Planning Commissioners expressing their opinion. However, she was prepared to form her own opinion on the basis of this hearing. Councilor Nichols stated that he has driven by the subject lots many times. Councilor Lonergan stated that he is also very familiar with the location of the property. Councilor McCallum stated that he is familiar with the property and he also knows both Mr. Baker and Mr. Hillyer. He had viewed the proceedings ofthe Planning Commission on television which are reflected in the Planning Commission minutes. Recorder Tennant read the land use statement required under ORS Chapter 197. Page 3 - Council Meeting Minutes, August 14,2006 "l1li""..... COUNCIL MEETING MINUTES AUGUST 14,2006 TAPE READING 1711 Senior Planner Zwerdling stated that the City did receive a Legal Memorandum and objection from Attorney Donald Kelly and a copy of that document was distributed to the Council just prior to this meeting. She stated that the application consists of two (2) properties (tax lots #106 and #107) and the applicant is proposing a Comprehensive Plan map amendment on both properties to change the designation from "Industrial" to "Commercial", proposing to change the zoning from "Light Industrial" to "Commercial General", requested a design review conditional use request, and a sign design review for an auto dealership for just display and storage of the vehicles. It was noted that the properties located to the east and to the north of the subject property are currently zoned commercial general and are the location of auto dealerships. The property located to the west and to the south are zoned light industrial and are the location of the WinCo distribution facility and Do It Best Hardware distribution facility. She stated that in addition to the materials submitted by the applicant on this land use application, the City's legislative amendment 05-01 (Periodic Review and Urban Growth Boundary amendment application) calls for the designation of the northern parcel (tax lot 106) to be changed to commercial. It was also noted that tax lot 107 has been partitioned off from the original parcel which is the location of the WinCo distribution facility and Win Co is not in need of that parcel for future expansion. Additionally, there is a significant portion of the dealership site located to the east of the subject property that is being used for detention (south portion of current dealership site) so the applicant is proposing to expand the use of the dealership onto these two adjacent tax lots rather than relocating to another area or city. The Planning Commission has recommended approval of land use application and attached to the staff report were all of the background documents for Council review. Mayor Figley questioned if the staff had received any comments from the State on this application since the property is located near the interchange. Senior Planner Zwerdling stated that staff is required to give a 45-day notice to DLCD prior to the first evidentiary hearing which was done by staff. As a response, the State felt that this was a logical expansion of an existing commercial activity so they did not have any objections to this application. 2183 Attorney Wally Lien, applicant representing the property owner, mentioned that there are a number of conditions of approval and the property owner is in agreement with those conditions. It was noted that most of the conditions had a calendar year 2004 date but it has taken almost two years since the time the original comprehensive plan application was filed. The site design application came after the submittal of the original application since it had been the applicant's opinion that the Code did not require a site design review since there are no buildings planned for these parcels. The site design review does address landscaping, parking layout, and lighting plans and just recently the sign code application was added thereby making this a complete package covering all of the elements of the dealership. He reiterated that there are no structures planned for this parcels at this time and it will be a display and storage lot for the dealership. As mentioned previously, the dealership had lost a significant amount of land to the south of Page 4 - Council Meeting Minutes, August 14,2006 .. .." COUNCIL MEETING MINUTES AUGUST 14, 2006 TAPE READING the existing dealership to the detention basin and the economic plan for the dealership needed the display and storage along the area that was lost. These parcels will replace area that was lost when the detention basin was constructed. He stated that he did have some responses to the information submitted by Attorney Kelley and, since neither Attorney Kelley or his client were present, he did not feel that he wanted to spend a lot of time on the Legal Memorandum. This document was received today through the courtesy of the Planning staff. He did state for the record that Attorney Kelley continues to bring up the argument relating to ownership of the property and, for the record, the deed goes back to Davidson Farms then to WinCo then to Waremart and finally to Leo & Renee Hillyer on June 15,2005. He also stated that there is a case called Bruce Pack v City of Silverton and LUBA's decision was that an applicant needs to have evidence of their own in order to back up there issues. In this case, there are a number issues presented in this legal memorandum which, in his opinion, do not have any evidence that would be of any issue. He expressed his opinion that this case will most likely go to LUBA and he is confident that the Planning Commission and staff have made the right decision and he is ready to defend that position before LUBA assuming that the Council agrees with the staff over all of the objections. Councilor Lonergan expressed his appreciation to the applicant for providing a landscaping plan that calls for more trees than required, and he questioned the reasons behind the additional trees. Attorney Lien stated that the trees along Highway 219 are bunched around on the comers and other sides of the property and the trade-off is that there are not as many trees around the areas of high visibility. Councilor Nichols questioned the location of the other signs. Attorney Lien stated that one sign will be located at the comer of Woodland Avenue and Highway 219 and the other sign will be on the northeast comer of the southern parcel. These pole signs will be 15' in height. Councilor Cox questioned Mr. Lien as to whether or not it is important to have his response to Mr. Kelley's Legal Memorandum in the record before the Council makes a decision on this application. Mr. Lien stated that he was okay with not having a written response in the record. Mayor Figley declared the public hearing closed at 7:47 p.m.. 3016 Councilor Cox concurred with the Planning Commission and staff in that this was a good application and expansion of the dealership to these two parcels are an excellent way to utilize the land. He felt that the Planning Commission's findings did not always express concurrence with applicant's position and he hoped that the final ordinance that is adopted will make clear in the findings that the Council concurs with the applicant's statements. Councilor Lonergan stated that, for the most part, he concurs with the applicant's statement but referred to page 17 of the application and did not agree with the statement regarding the dealership being placed back onto an even footage with the other dealerships. He did not feel that the Council should make all businesses equal to each Page 5 - Council Meeting Minutes, August 14,2006 ..' .... ...... COUNCIL MEETING MINUTES AUGUST 14, 2006 TAPE READING other. Attorney Shields stated that staff will go through the application carefully and will preserve the substance of the findings but clarify that it is the City Council making and explaining its decision. Mayor Figley stated that this is a logical extension of an existing business. 3487 COX/MCCALLUM... approve these applications and direct staff to return with an ordinance and proposed findings to support that decision concurring with the Planning Commission's action and to make some minor editorial changes as discussed at this meeting. The motion passed unanimously. 3542 COUNCIL BILL NO. 2636 - ORDINANCE AMENDING ORDINANCE 2138 GRANTING AUTHORITY AND ESTABLISHING PROCEDURES FOR INVENTORY SEARCHES BY THE WOODBURN POLICE DEPARTMENT (Second Readine). Mayor Figley called for the second reading of Council Bill No. 2636 which had been introduced at the July 24, 2006 Council meeting but did not pass at that meeting since the bill had not received unanimous Council approval. Recorder Tennant read the second reading of the bill by title only since there were no objections from the Council. Councilor Cox stated that he is still opposed to the proposed ordinance for the reasons he had stated at the last Council meeting. He reiterated that the change was requested by the Marion County District Attorney's office and he felt that if they were so concerned about this issue then they would have been in attendance at this meeting to advocate the ordinance amendment. On roll call vote for final passage, the bill passed 4-1 with Councilor Cox voting nay. Mayor Figley declared Council Bill No. 2636 duly passed with the emergency clause. 3704 ACCEPTANCE OF PUBLIC UTILITY EASEMENT AT 591 GATCH STREET. Staff recommended the acceptance of the easement from Mid-Valley Community Church for future maintenance of a water main which provides fire protection for the school located at 575 Gatch Street. NICHOLS/MCCALLUM... accept the public utility easement as described on Attachment "A" of the staff report at 591 Gatch Street. The motion passed unanimously. 3754 ACCEPTANCE OF PUBLIC UTILITY EASEMENT FROM CAPITAL DEVELOPMENT (Town Center Subdivision). Staff recommended the acceptance of an easement from Capital Development Company which will provide for the installation of franchised utilities adjacent to Evergreen Road. NICHOLS/COX... accept the public utility easement as described in Attachment "A" of the staff report. The motion passed unanimously. Page 6 - Council Meeting Minutes, August 14, 2006 .'''' .' COUNCIL MEETING MINUTES AUGUST 14,2006 TAPE READING 3804 OLCC CHANGE OF OWNERSHIP: SALVADOR'S BAKERY, 405 N First Street. A liquor license application for a Change of Ownership (Limited On-Premise Sales license) was submitted by Daniel and Lela Quiroz (Key Rose Enterprises, Inc.) who have recently purchased the business. LONERGAN/SIFUENTEZ... approve a change of ownership application for Salvador's Bakery. Councilor McCallum questioned if the new owners are under a voluntary compliance plan. Captain Tennant stated that there has only been one incident at that location within the last year which was a violation of OLCC involving the sale of alcohol to a minor. The previous owner of Salvador's Bakery had not been under a compliance plan with the City. The new corporation has not had any violations and staff did not offer a voluntary compliance plan to the new owners, however, OLCC is still working with the new owners on their license application. In some cases, the Police Department has worked with some new businesses to obtain a voluntary compliance plan following a review of information obtained as a part of the background investigation. The motion passed 4-1 with Councilor Nichols voting nay. 3981 OLCC CHANGE OF OWNERSHIP - PERLA'S RESTAURANT, 553 N. Front Street. A liquor license application for a Full On-Premises Sales Change of Ownership was submitted by Maricela Gutierrez who has recently purchased Perla's Restaurant located at 553 N. Front Street. COX/SIFUENTEZ... approve the Change of Ownership application for Perla's Restaurant and inform OLCC of this approval. The motion passed 4-1 with Councilor Nichols voting nay. 4037 CANCELLATION OF AUGUST 28, 2006 REGULAR COUNCIL MEETING. MCCALLUM/SIFUENTEZ... cancel the regulaT Council meeting scheduled fOT August 28, 2006. The motion passed unanimously. 4096 CITY ADMINISTRATOR'S REPORT. City Administrator Brown reminded the Council that the annual League of Oregon Cities conference will be held September 28-30, 2006 in Portland. He requested that Councilors planning on attending contact his office within the next couple of weeks so staff can proceed with registration. In regards to the status of hiring a Library Manager, he stated that he had received back a signed Acceptance of Conditional Offer and a signed employment contract from an individual who currently resides in Houston, Texas. He has also extended a hiring offer to an individual from Yakima, Washington for the Aquatic Center Manager position. Both of these positions will start during the first part of September. Lastly, the Page 7 - Council Meeting Minutes, August 14,2006 ..... ... COUNCIL MEETING MINUTES AUGUST 14, 2006 TAPE READING recruitment for a Community Services Director will begin later this week utilizing a number of professional web sites, publications, and direct mailings to various agencies. 4285 MAYOR AND COUNCIL REPORTS. Councilor Nichols thanked property owners who have taken the time to trim their bushes and trees that overhang onto the sidewalks thereby making it possible for citizens to fully utilize the sidewalk for walking purposes. Councilor McCallum stated that the Mayor and Councilors had participated in this year's Fiesta parade and he thanked the Fire Department for loaning them an antique fire truck which was brought back early from the Brooks Steam-up for this parade. He also congratulated Councilor Sifuentez who was this year's Grand Marshall. In regards to National Night Out, he thanked the Police Department for organizing this annual event. Captain Tennant stated that there were approximately 40 different neighborhoods that participated in this year's event. Councilor McCallum questioned what is being planned regarding the future opening of Meridian Drive between Highway 214 and Hazelnut. Public Works Manager Rohman stated that there is an ODOT Environmental Assessment project planned for the stretch of roadway between the Fire Station and Park Avenue. Signalization of that intersection was discussed in the Highway 213 Alternatives Analysis that the City completed in the year 2002 but there has not been a study done to determine if warrants are met for signalization at this intersection. With the residential street soon to be connected, staff anticipates that the warrants will be met and it will be later this year before the Environmental Assessment begins and it may take 12-18 months to complete the study. Upon completion of the study, improvements would then be dependent upon funding availability. Councilor Nichols questioned if staff has every taken pictures of that stretch of roadway when cars are backed up from Boones Ferry Road to Front Street. Public Works Manager Rohman stated that he has not taken any photographs of the traffic congestion but he does know that ODOT is aware of the backlog. Councilor McCallum expressed concern with how traffic will flow once Meridian Drive becomes a through street to Hazelnut since motorists will take that route to get to Boones Ferry Road rather than driving down to the traffic signal to make the turn onto Boones Ferry Road. Public Works Director Tiwari also stated that Fifth Street is not connected to Highway 214 and the City will need to fully evaluate the potential of opening of this roadway before ODOT is approached regarding a traffic signal at this intersection. He expressed his opinion that the roadway should be opened up for traffic flow to divert some of the traffic from the Settlemier / Boones Ferry / Highway 214 intersection. He stated that there was no guarantee made to local residents at the time a decision was made to install the barrier, however, there is a school located at Harrison and Fifth Street and this roadway does need to be improved if a decision is made to open up the roadway. Counci lor Nichols question Director Tiwari's recollection of the barrier installation since Page 8 - Council Meeting Minutes, August 14,2006 .' ....' ~ COUNCIL MEETING MINUTES AUGUST 14,2006 TAPE READING he remembers a written agreement that was made when the Seventh Day Adventist Church was built that would prohibit the connection of Fifth Street to Highway 214. Director Tiwari stated that staff will still need to bring forth from a traffic perspective the question of whether or not to open up Fifth Street even though there is a need to make substantial improvements to Fifth Street if that does occur. Councilor McCallum stated that it is necessary for the Council to be prepared short term as well as into the future since any change will impact neighborhoods and the infrastructure needs to be adequate to handle that type of additional traffic load. Councilor Cox suggested that the Council make a policy decision within the next 6 months so that direction can be given to staff and conveyed to ODOT. Public Works Manager Rohman stated that the City's Transportation System Plan does include upgrading, improving, and connecting Fifth Street to Highway 214. Richard Jennings, 595 Filbert Street, questioned how long the contractor will keep the Meridian Drive roadway closed since they are currently building homes along that street and he was under the impression that the roadway had to be accepted by the City before any homes could be built. Director Tiwari stated that he will have staff check on the status of the roadway and if all of the constmction requirements have been met then the roadway will be opened for public travel. Councilor Sifuentez questioned if the construction of the new Police Facility is still on schedule. Administrator Brown stated that staff is anticipating a move to the new facility in October but there is some question about the timing since there are some windows and doors that are on backorder. The last schedule he looked at had substantial completion taking place the middle of August and about a month later the department could begin moving into the facility. 5620 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660 (1 )(f), ORS 192.660 (1)( d), and ORS 192.660 (1 )(i). City Attorney Shields stated for the record that part of the executive session involves his performance evaluation and he does have a conflict of interest where he cannot represent the Mayor, Council, or the City, and he understands his right to have an open session for his evaluation and he is waiving that right. COX/SIFUENTEZ... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The meeting adjourned into executive session at 8:21 p.m. and reconvened at 9: 17 p.m.. 5720 Mayor Figley stated that the Council made no decisions while in executive session. COX/NICHOLS.... in regards to the City Attorney's employment contract, he be provided the regular COLA adjustment that he is entitled to under his contract but that Page 9 - Council Meeting Minutes, August 14,2006 ... -.'.,' COUNCIL MEETING MINUTES AUGUST 14,2006 TAPE READING COLA adjustment be made effective August 1,2006 which is the anniversary date of his contract year. The motion passed unanimously. 5836 ADJOURNMENT. NICHOLS/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:20 p.m.. APP ATTEST~ -r;:'-v~+ Mary en nt, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, August 14, 2006 ..' ~ Executive Session COUNCIL MEETING MINUTES AUGUST 14, 2006 DA TE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 14,2006. CONVENED. The Council met in executive session at 8:24 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Absent Present Present Present Present Present Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant The executive session was called under the following statutory authority: I) To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant ORS 192.660 (1 )(d); 2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f) and 3) To review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing pursuant to ORS 192.660(1)(i). City Administrator Brown and City Attorney Shields were in attendance for the deliberations on the labor negotiations issue between 8:24 p.m. and 8:45 p.m.. City Attorney Shields returned to the executive session at 9:00 p.m. and remained until its adjournment. ATTEST ;1 ADJOURNMENT. The executive session adjourned at 9: 14 p.m.. Page 1 - Executive Session, Council Meeting Minutes, August 14,2006 ''-''""'