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November 12, 2019 minutes COUNCIL MEETING MINUTES NOVEMBER 12, 2019 DATE COUNCIL CHAMBERS,CITY HALL,CITY OF WOODBURN,COUNTY OF MARION, STATE OF OREGON, NOVEMBER 12, 2019 CONVENED The meeting convened at 7:15 p.m. with Mayor Swenson presiding. ROLL CALL Mayor Swenson Present Councilor Carney Present Councilor Cornwell Present Councilor Schaub Present Councilor Morris Present Councilor Ellsworth Present Councilor Cabrales Present Staff Present: City Administrator Derickson, City Attorney Shields, Police Chief Ferraris, Economic Development Director Johnk, Operations Director Stultz, Project and Engineering Director Liljequist, Community Development Director Kerr, Finance Director Montoya, Senior Planner Cortes, Community Relations Manager Guerrero, City Recorder Pierson ANNOUNCEMENTS City Hall will be closed November 28 and 29 for the Thanksgiving Holiday. The Library will be closed November 28 but will be open from 10 a.m. to 2 p.m. on Friday, November 29. The Aquatic Center will be closed November 28 but will be open from 7 a.m. to 6 p.m. on Friday,November 29. Transit Services will be closed on November 28 but will be open normal business hours on Friday,November 29. The City Council meeting scheduled for November 25, 2019 is cancelled. The next City Council meeting will take place on December 9, 2019 at 7:00 p.m. WOODBURN POLICE DEPARTMENT SWEARING-IN CEREMONY Woodburn Police Chief Ferraris administered the oath of office to new Woodburn Police Officer Preston Neumann. Mayor Swenson called for a 10-minute break. Page 1 - Council Meeting Minutes,November 12, 2019 COUNCIL MEETING MINUTES NOVEMBER 12, 2019 CONSENT AGENDA A. Woodburn City Council minutes of October 28, 2019, B. Acceptance of a Temporary Public Utility Easement at 1800 W. Hayes Street(Nellie Muir School), Woodburn, OR 97071 (Tax Lot 052W12DD06300), C. Acceptance of Two Public Utility Easements at 1800 W. Hayes Street (Nellie Muir School), Woodburn, OR 97071 (Tax Lot 052W12DD06300), D. Acceptance of two Warranty Deeds at 1800 W Hayes Street (Nellie Muir School), Woodburn, OR 97071 (Tax Lot 052W12DD06300), E. Woodburn-Gervais Enterprise Zone 5-year Tax Abatement Agreement with Grating Pacific, LLC, F. Woodburn-Gervais Enterprise Zone 5-year Tax Abatement Agreement with Grating Pacific, LLC. Morris/Ellsworth... adopt the Consent Agenda. The motion passed unanimously. PUBLIC HEARING Republic Service Rate Increase A Public Hearing to consider input on the Republic Service Rate Increase. Mayor Swenson declared the hearing open at 7:40 p.m. for hearing public input on the Republic Service Rate Increase. City Administrator Derickson provided a staff report. KJ Lewis, Will Mathias, and Jam Lawson with Republic Services provided information on the rate increase. Mayor Swenson asked if anyone from the public would like to speak on this subject.No members of the public wished to speak in either support or opposition. Mayor Swenson declared the hearing closed at 8:01 p.m. COUNCIL BILL NO. 3112 - A RESOLUTION APPROVING AN ADJUSTED RATE SCHEDULE FOR PROVIDING SOLID WASTE SERVICE WITHIN THE CITY OF WOODBURN AND REPEALING RESOLUTION 2087 Carney introduced Council Bill No. 3112. City Recorder Pierson read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bili passed unanimously. Mayor Swenson declared Council Bill No. 3112 duly passed. PUBLIC HEARING FY 2019/20 Supplemental Budget Request for Creation of PERS Side Account A Public Hearing to consider input on the FY 2019/20 Supplemental Budget Request for creation of PERS side account. Mayor Swenson declared the hearing open at 8:09 p.m. for hearing public input on the FY 2019/20 Supplemental Budget Request for creation of PERS side account. City Administrator Derickson provided a staff report. Mayor Swenson asked if anyone from the public would like to speak on this subject.No members of the public wished to speak in either support or opposition. Mayor Swenson declared the hearing closed at 8:10 p.m. COUNCIL BILL NO. 3113 —A FY 2019-2020 RESOLUTION APPROVING $733,333 IN TRANSFERS OF APPROPRIATIONS IN VARIOUS FUNDS AND APPROVING THE CREATION OF A SIDE ACCOUNT THROUGH THE CONTRIBUTION OF $2,823,043 TO PERS Carney introduced Council Bill No. 3113. City Recorder Pierson read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill Page 2 - Council Meeting Minutes,November 12, 2019 COUNCIL MEETING MINUTES NOVEMBER 12, 2019 passed unanimously. Mayor Swenson declared Council Bill No. 3113 duly passed. PUBLIC HEARING Expansion of the Woodburn-Gervais Enterprise Zone A Public Hearing to consider input on the Expansion of the Woodburn-Gervais Enterprise Zone. Mayor Swenson declared the hearing open at 8:12 p.m. for hearing public input on the Expansion of the Woodburn-Gervais Enterprise Zone. Economic Development Director Johnk provided a staff report. Mayor Swenson asked if anyone from the public would like to speak on this subject. Greg Specht spoke in favor of the expansion of the Woodburn-Gervais Enterprise Zone. No members of the public wished to speak in opposition. Mayor Swenson declared the hearing closed at 8:17 p.m. COUNCIL BILL NO. 3114 - A RESOLUTION FOR WOODBURN-GERVAIS ENTERPRISE ZONE BOUNDARY CHANGE Carney introduced Council Bill No. 3114. City Recorder Pierson read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared Council Bill No. 3114 duly passed. AWARD A CONTRACT FOR FINAL DESIGN SERVICES FOR THE I-5 PUMP STATION AND FORCE MAIN UPGRADES TO MURRAYSMITH INC Public Works Director Liljequist provided a staff report. Carney/Ellsworth... award a Contract for final design services for the I-5 Pump Station and Force Main Upgrades for $537,850.00 to Murraysmith,Inc. and authorize the City Administrator to sign the Agreement. The motion passed unanimously. PUBLIC HEARING Pacific Valley Apartments DR 2019-03 A Public Hearing to consider input on Pacific Valley Apartments DR 2019-03. Mayor Swenson declared the hearing open at 8:22 p.m. for hearing public input on Pacific Valley Apartments DR 2019-03. Councilor Morris noted that he is familiar with the property. Councilor Ellsworth stated that she drives by the property and read the Facebook news story and told someone about the hearing at work. Councilor Cornwell says she drives by the site. City Recorder Pierson read the Public Hearing Statement. Senior Planner Cortes provided a staff report and added the Planning Commission staff report with attachments and the applicant's revised plan to the record. Robert Leeb, with Leeb Architects, provided information on the application and the proposed revisions to the application. Mayor Swenson asked if any member of the public would like to speak in support of this subject.No members of the public wished to speak in support. Mayor Swenson asked if any member of the public would like to speak in opposition of this subject. Sandra Camacho-Otero, 1235 Greenview Drive, spoke against the application stating that her concerns are having no privacy and the increase in traffic and parking in streets. Craig Roushausen, 1235 Greenview Drive, spoke against the application and he has concerns with not requiring a retaining wall between the homes and the apartments and only requiring arborvitae. He is also concerned about property values going down. He provided a copy of a Page 3 - Council Meeting Minutes,November 12, 2019 COUNCIL MEETING MINUTES NOVEMBER 12, 2019 letter and a copy of a City Ordinance to the City Council. Lupita Pena-Baltazar, 1165 Greenview Drive, spoke against the application and stated that the apartments will be very close to her home and she has concerns about noise and the value of her property. Marlene Hernandez, 1199 Greenview Drive, spoke against the application and stated that they are concerned about losing their privacy. Ulf Bjorklund, 1281 Greenview Drive, spoke against the application and stated that he is an audio narrator and he works from home and requires a quiet environment. He added that they should move the building closest to the homes and put the park there instead. He showed pictures of his yard to the City Council. Filanida Muraviov, 1297 Greenview Drive, spoke against the application and stated that she is worried about the wellbeing of her child and that she would like to see a one story apartment and more parking. Fred and Katie Muraviov, 1297 Greenview Drive, spoke against the application and stated that their main concern was no wall and that they feel there is a lot of stuff being squeezed on the property. David Rosales, 1160 Greenview Drive, spoke against the application and stated that the buildings are too high and that neighbors are losing privacy. Ricardo Vazquez-Rodriguez, 1189 Greenview Drive, spoke against the application and stated that he has concerns about people running through the bushes without having a wall between the properties. He stated that.he is also concerned about parking and property values going down. Alex Muraviov, 1297 Greenview Drive, spoke against the application and stated that there will be no privacy with the buildings being three stories tall and balconies overlooking the houses. Ida Allen, 1258 Greenview Drive, spoke against the application and stated that she is worried about her neighborhood and that with more people there will be more crime. Merle Stutzman, 11623 Broadacres Rd. NE, spoke against the application and stated that his concerns are with the privacy of the neighbors. Kim Bjorklund, 1281 Greenview Drive, spoke against the application and stated that the movement of building C is inadequate and that a wall is needed. She also stated concerns about privacy, parking and property values going down. The Mayor asked if the applicant would like to come back for rebuttal. Robert Leeb stated that the distance in feet from the property to the houses is between 100 Page 4 - Council Meeting Minutes,November 12, 2019 COUNCIL MEETING MINUTES NOVEMBER 12, 2019 and 150 feet. He noted that building C moved significantly from the zoning requirements. If a wall is found to be more appropriate they would put that in and it would be in the 6 foot range. Eugene Labunsky, West Coast Real Estate, stated that in response to the parking concerns, there will be permitted parking and for special events an event permit would be required for guests. He stated that it was his belief that there was adequate parking. He noted that they are open to a wall. City Council asked the applicant questions of clarification on the application. Mayor Swenson closed the hearing at 10:13 p.m. City Council deliberated. City Attorney Shields reminded the City Council that this application is subject to the 120 day rule and needs to be decided by January. Carney/Schaub... approve the application for the Pacific Valley Apartments DR 2019-03 and consolidated applications with the modifications to the design and conditions of approval as proposed by the applicant to include the applicants letter and nomination of improvements of the November 12, 2019 letter and direct staff to submit the written land use decisions for approval by the City Council at the next meeting. Council deliberated. On roll call vote Councilors Ellsworth, Carney and Schaub voted yes and Councilors Morris, Cabrales and Cornwell voted no. Mayor Swenson voted no to break the tie vote. The motion failed. Schaub/Ellsworth... approve the application for the Pacific Valley Apartments DR 2019-03 and consolidated applications with the modifications to design and conditions of approval as proposed by the applicant, and direct staff to submit the written land use decision for approval by the City Council at the next meeting and have it include the wall. Council deliberated. On roll call vote Councilors Ellsworth, Carney, Schaub and Cornwell voted yes and Councilors Morris and Cabrales voted no. The motion passed 4-2. MODIFICATION TO CONDITIONS OF APPROVAL FOR SALEM HEALTH CLINIC AT 105 N. ARNEY RD (MOC 2019-01) The City Council declined to call this item up. CALL-UP BRIEFING: PLANNING COMMISSION APPROVAL OF CONDITIONAL USE, DESIGN REVIEW, STREET EXCEPTION, AND VARIANCE APPLICATIONS FOR HERITAGE ELEMENTARY SCHOOL AT 440 PARR RD (CU 2019-02, DR 2019-02, EXCP 2019-02, & VAR 2019-01) The City Council declined to call this item up. CALL-UP BRIEFING: PLANNING COMMISSION APPROVAL OF CONDITIONAL USE,DESIGN REVIEW, STREET EXCEPTION,AND VARIANCE APPLICATIONS FOR LINCOLN ELEMENTARY SCHOOL AT 965 & 1041 N. Page 5 - Council Meeting Minutes,November 12, 2019 COUNCIL MEETING MINUTES NOVEMBER 12, 2019 BOONES FERRY RD (CU 2019-06, DR 2019-08, ERCP 2019-04, & VAR 2019-06) The City Council declined to call this item up. CITY ADMINISTRATOR'S REPORT The City Administrator had nothing to report. MAYOR AND COUNCIL REPORTS Councilor Morris thanked the Planning Commission for their work. Mayor Swenson thanked everyone for the great discussion. ADJOURNMENT Schaub/Morris... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 11:25 p.m.APPROVED ERIC SWENSON, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes,November 12, 2019