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Minutes - 02/28/2000 COUNCIL MEETING MINUTES FEBRUARY 28, 2000 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 28, 2000. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0007 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley Kilmurray Pugh Sifuentez Present Present Present Present Present Present Absent Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park & Recreation Director Westrick, Police Chief Null, Public Works Manager Rohman, Senior Planner Mulder, City Recorder Tennant 0047 ANNOUNCEMENTS. A) Community Center Visioning Town Hall Meeting will be held on February 29, 2000.7:00 p.m., at the Woodburn Community Center. B) Woodburn Museum 2000 Leap Year Party will be held at the Bungalow Theater on February 29,2000 at 6:00 p.m.. C) Excursion/Commuter Train Service meeting will be held on Monday, March 6, 2000,7:00 p.m., at Woodburn City Hall. D) Budget Committee Workshop on the fiscal year 2000-01 operating budget will be held on Saturday, March 11,2000,9:00 am, in the City Hall Council Chambers. E) Friends of the Library Book Sale: The spring book sale will begin with a pre-sale on Thursday, March 16'", from 5:00 pm to 7:00 pm ($3.00 admission), and will be open for general sales on Friday and Saturday, March 17th & 18th, from 10:00 am to 4:00 pm. F) Public Library Chautauqua Program: March 5. 2000 -- 2:00 p.m., City Hall: "The Tillamook: A Created Forest Comes of Age", by Gail Wells of Oregon State Forestry Dept. March 26, 2000 - 2:00 p.m., City Hall: "Bridge Stories", by Sharon Wood Wortman, Portland author. Page 1 - Council Meeting Minutes, February 28, 2000 __ ,,_.,_..,.__..~._._."___. '_.',_,,_~ ._,_, _ .___._.~,.___~....."....~~._...A~'" ,.___.~_.,__..___~_.... COUNCIL MEETING MINUTES FEBRUARY 28, 2000 TAPE READING 0124 CHAMBER OF COMMERCE REPORT. Patrick Vance, representing the Chamber Board, thanked Mayor Jennings for his attendance at the Distinguished Service Awards program last week which honored local individuals and businesses for their efforts in making Woodburn a better place to live. Upcoming events are as follows: 1) Business after Hours will be held on March 9th at Ticor Title Co, 735 Glatt CI, beginning at 4:30 p.m.; and 2) The Chamber Forum will be held on March 15th, 12:00 noon, at the Family Medical Center. Guest speaker will be County Commissioner Mike Ryan who will speak on the "State of the County". He also stated that Tulip Festival T-shirts will be available on March 20th at several locations around town and at the Wooden Shoe Bulb Co.. The T-shirts will be sold for $10.00. 0180 PRESENTATION: REGIONAL PUBLIC TRANSPORTATION AND BUS ROUTE THROUGH WOODBURN TO SALEM. Public Works Manager stated that Salem Area Transit District is responsible for the disbursement of special transportation funds in Marion and Polk counties for transportation services to the elderly and disabled. Funds are now available for general transportation use in rural Marion and Polk counties (outside Salem Urban Growth boundary) and a new service will soon begin which will provide bus transportation to the communities of Hubbard, Woodburn, Mt. Angel, Silverton, Gervais and Brooks to the City of Salem. This service will be provided by the Oregon Housing & Associated Services, also known as "Wheels", which is a company that has provided transportation services for the elderly and disabled in our area for several years. The Salem Transit Special Transportation Advisory Committee formulated the Rural Transportation Enhancement Program to provide expanded transportation services from the rural areas to the Salem area. There has been little advertising of this new program to date since they need to make some trial runs to determine actual route times and to make necessary modifications to the route before a marketing program is fully implemented. The approximate cost for this service will be $4.00 round trip to Salem and $2.00 round trip to Silverton. The second transportation issue presented to the Council involved the formation of a transportation brokerage (central dispatching agency) for Oregon Medical Assistance Plan (OMAP) clients. The brokerage would take care of the billing so that the agencies (i.e. Dial-a-Ride) would receive reimbursement from OMAP. He stated that the reimbursement paperwork is complicated and utilizing the brokerage will provide more revenue to the City. Currently, the City accepts donations from Dial-a-Ride clients, however, we do not always know which clients are covered under OMAP. It is anticipated that an ORS 190 agency consisting of Salem Area Transit, Marion, Polk. and Page 2 - Council Meeting Minutes, February 28, 2000 , ^--"-'~"l-' ~- '-~~... ....__>< COUNCIL MEETING MINUTES FEBRUARY 28, 2000 TAPE READING Yamhill counties will be formed to oversee this program and to select a provider for the brokerage service. It is anticipated that the brokerage service will be operational in the year 200 I. 0710 CONSENT AGENDA. A) Council regular and executive session minutes of February 14,2000; B) Library Board minutes of February 16, 2000; C) Planning Commission minutes of February 10, 2000; D) Recreation and Park Board minutes of February 8, 2000; and E) Police Department activity reports for November and December 1999. FIGLEYIPUGH... adopt the consent agenda as presented. The motion passed unanimously. 0723 CONTINUATION OF PUBLIC HEARING: ANNEXATION #99-02. COMPREHENSIVE PLAN MAP AMENDMENT #99-02. ZONE MAP AMENDMENT #99-06. AND SITE PLAN REVIEW #99-14 (BOONES FERRY PLACE RETIREMENT CENTER). Mayor Jennings continued the public hearing at 7:25 p.m.. Recorder Tennant read the land use statement required by ORS Chapter 197. Senior Planner Mulder stated that the agenda packet included the record before the Planning Commission plus two additional items: Exhibit G - Letter received from Allen Hubenthal and Lana Fowler dated November 19, 1999; and Exhibit H - Supplemental materials dated February 22, 2000 received from the applicant providing some additional evidence in support of their application. He stated that public hearings were held before the Planning Commission on September 23 and October 14, 1999, and the Commission adopted a final order on October 28th to approve the proposed annexation and deny the proposed comprehensive plan amendment, zone change, site plan review, and variances. Following this decision, the applicants requested continuance of the Council's November 22nd public hearing until this date. In addition to continuing the hearing, the Council remanded the application back to the Planning Commission for the purpose of reviewing a revised proposal submitted by the applicant. The new hearing before the Commission was held on January 13,2000 and, at the Commission's next meeting, they adopted a final order to recommend Council approval of the proposed annexation. comprehensive plan amendment, zone change, and site plan review as revised by the applicant. It was noted that the variances were withdrawn since the revised site plan did not require any variances. He reviewed the revised application which involves the annexation of approximately 3.32 acres of property located west of Boones Ferry Road and south of Country Club Road. Properties adjacent to this parcel which would still remain outside the city limits are owned by US West and the LDS Church. In regards to the comprehensive plan Page 3 - Council Meeting Minutes, February 28, 2000 ,.--~-_...~...............-.,----.., -,....-._-~. .-" - ...-- ,~,. ,-~._.,.._-~_._._..,'.._~,,--, COUNCIL MEETING MINUTES FEBRUARY 28, 2000 TAPE READING amendment and zone change, the applicant is requesting that the property be changed from single family residential to multi-family residential. The Commission agreed with the testimony presented by the applicant in support of their proposal and the Commission adopted a final order recommending approval of the zone change and comprehensive plan amendment. In regards to the site plan, the modified plan would provide for construction of two buildings, one of which would be a 12 unit Alzheimer facility and the second building a 90 unit assisted living facility. It was noted that the original proposal consisted of 182 total units and the reduction in total units eliminated the need for the two variances required under the original proposal. The single I-bed units will be approximately 350 sq feet in size. The landscaping, setbacks, and parking area are in excess of the code requirements and a 7' sight obscuring fence will be placed around the perimeter with trees and shrubbery adjacent to the fence. In regards to the zone change, the Planning Commission did place a condition in the final order that the zone change be conditional on this proposal being completed and, if this proposal was not followed through with by the applicant, the zoning would revert back to single family residential. 1285 Mayor Jennings stated that he has known the applicant, J. Wallace Gutzler, for many years, however, if the vote should be a tie, he would vote on this issue since knowing him would not impair his ability to vote. Wally Gutzler, applicant, stated that the plan was revised by the applicants based on comments from the neighbors and Planning Commission after the initial public hearing. They decided to downsize the project and to revise the plan which would address the objections raised during the hearings process. The revised plan consists of I building which will house 12 Alzheimer suites and 1 building to house 70 assisted living suites at this time which the ability to add 20 assisted living suites as a 2nd phase. He stated that it was for economic reasons that they will be waiting to construct the 2nd phase since it is unknown as to how long it will take to fill up the first 70 suites. They have done their feasibility studies and feel that they have a very good idea as to what this area needs. They have constructed, and continue to operate, a number of these facilities in Oregon and throughout the west. For the record, he stated that the applicant has adopted and, is claiming as its own, all of the recommendations made by the staff and the staff report. He stated that this development will provide for a substantial increase in the City's tax base without an impact on the schools, low impact on transportation since they have their own bus, and limited noise impact. He reiterated that they are very good neighbors and are, in many ways, a benefit to the neighborhood. Their feasibility study shows that there is a public need for this type of facility and that they do accept Medicaid residents even though by looking at the facility a person would not be able to tell that since the facility is developed so that all of the suites are equipped the same. In regards to code requirements, 30 parking spaces are required whereas they will be providing 49 parking Page 4 - Council Meeting Minutes, February 28. 2000 ~. "'-'~"""'. -,,- -_ '"W--'"O'" ,-".-,._,"" COUNCIL MEETING MINUTES FEBRUARY 28, 2000 TAPE READING spaces, 30% of the area is required to be landscaped whereas they will be landscaping 50% of the area, and 34 trees are required in the interior whereas they will be planting 80 trees. He reiterated that they are trying to make this development aesthetically pleasing to look at and an asset to the neighborhood. He stated that they are prepared to meet all 45 conditions and that they build this type of facility for their own operational purposes rather than selling or leasing it to another company. He also mentioned that one of the conditions requires them to take care of the surface water and they are prepared to provide for retention of surface water on site so that it can be absorbed into the system down to Goose Creek when it is able to handle it. They will be negotiating with LDS Church to relocate the sanitary sewer line which currently runs across the middle of their property. In summary, he stated that they believe that they have adequately complied with all of the goals and guidelines required by the City and, based on land availability, this parcel was the only one large enough to accommodate a development of this size. He also expressed his opinion that this is a suitable use for this site and will complement the surrounding area. Mr. Gutzler also submitted into the record letters in support of this project from Ed & Pam Laramore, 1325 Althea Street, and Rosemary Hammack, 1320 Althea Street. He also included into the record a letter from Jack Berkey, realtor, giving his written opinion that vacant property of this size is not currently available within the City. Councilor Bjelland questioned if financing had been secured for this project. Mr. Gutzler stated that, once approved, they will apply for financing which takes 60-85 days for approval and it is anticipated that construction will begin around mid-summer. He stated that they have 8 to IO projects under construction and they do not anticipate any problems in obtaining financing. 2200 Patrick Bickler, project architect, briefly reviewed the differences between an assisted living facility and a retirement facility. He stated that the size of the studio suites range from 350 to 425 sq. ft. and the I bedroom suites range from 525 to 625 sq. ft.. He reviewed the layout of the facility, parking, landscaping, exterior design and colors. He reiterated that the facility will have a large dining/entertainment room and the landscaping on the west side of the facility will provide the residents with a spacious backyard. In terms of the exterior design, they have created a building with distinctive designs which includes octagonal shapes. The Alzheimer building will be located behind the assisted living facility at the north end ofthe property. He stated that their goal is to integrate the assisted living facility into the neighborhood and to make it a welcoming area for residents, their families, and the surrounding neighbors. 2646 Preston Tack, 2197 Camilla Way, expressed his opinion that this facility would benefit the community and provide individuals who are in need of utilizing this type of facility with another choice as to where they would like to live. He also feels that the assisted living facility is a good transitional use for that particular comer. Page 5 - Council Meeting Minutes, February 28, 2000 ~.. ,.._""._,~ ~.--"r. ..--....-----.>'-...-.. "._<-_.,_....__.....>._"'.,....-...._""-,...~-'.'--~., COUNCIL MEETING MINUTES FEBRUARY 28, 2000 TAPE READING 2700 Elizabeth Gemma stated that her property borders the southeast comer of the proposed facility and she supports the applicants proposal which, in her opinion, would be a benefit to the neighborhood. Becky Miller, 2348 N Boones Ferry Rd, stated that her property is located across the street from the proposed facility and that she feels that the facility would be an appropriate transition for the residents since they would still be surrounded by a residential area in addition to having the Glatt Art Center and the golf course close by. Stewart Miller, 2348 N Boones Ferry Rd., also expressed his support for this project as modified. He stated that the height of the building in the original plan was of a concern to him, however, the height of the revised plan is similar to that of a 2-story home. He feels that this will be a real nice project, will have no impact on the schools, minimal traffic impact, and landscaped open space that will benefit the neighborhood. 2888 James Atkinson, 1219 Henry's Farm, stated that the revised proposal is an improvement, however, he is still in opposition of the project. He stated that his concern all along has been the placement of the buildings and he, along with Mr. Hubenthal, would like to see the Alzheimer unit located behind their property rather than the proposed location near Country Club Road. He also requested that the record remain open for additional testimony since Mr. Hubenthal was unable to attend this meeting due to a family emergency. Mayor Jennings questioned the City Attorney as to whether or not the Council is required to continue the hearing if no new testimony is submitted. Attorney Shields stated that the continuation of the hearing is at the discretion of the CounciL Wally Gutzler, applicant, stated that they have looked at the placement of the Alzheimer unit (1 story building) to the south end of their property, however, they feel that the best location is at the north end of their property. Even with the additional phase 2 wing, with a 32 foot tall peak, is located 49 feet from the nearest point of the neighbors property. This is a substantially greater distance than a single family house would be if single family homes (35 foot maximum peak allowed) were built on that property. Mayor Jennings declared the public hearing closed at 8:28 p.m.. Councilor Figley stated that there has been a lot of communication between the applicant and the neighbors, and the developers have revised their project to address the concerns of the neighbors. She stated that she is in support of this project. Tape 2 Councilor Pugh also expressed his support for the project. Councilor Kilmurray stated that she felt the developers did a good job in addressing the concerns of the Commission and the neighbors. She also reminded the developers that they need to monitor the lighting of the facility since there are numerous single family residences abutting the proposed assisted living facility. Page 6 - Council Meeting Minutes, February 28, 2000 COUNCIL MEETING MINUTES FEBRUARY 28, 2000 TAPE READING Councilor Bjelland expressed his opinion that the applicants have done an excellent job in addressing the concerns that the neighbors had originally raised and he agreed with the applicant that there is a growing need for this type of facility. Councilor Chadwick stated that she felt that this would be an attractive development. Mayor Jennings recommended that the record not be kept open since Mr. Hubenthal had previously presented testimony and he did not feel that any brand new testimony would be presented. PUGHlFIGLEY... the record not be kept open for 7 days. The motion passed unanimously. 0180 FIGLEY/PUGH... concur with the Planning Commission's final order and approve Annexation #99-02, Comprehensive Plan Amendment #99-02, Zone Change #99-06, and Site Plan Review #99-14, and instruct staff to prepare an ordinance to substantiate this decision. On roll call vote, the motion passed unanimously. 0202 COUNCIL BILL 2026 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1999-2000. Council Bill 2026 was introduced by Councilor Chadwick. Recorder Tennant read the two readings of the bill by title only since there were no objections from Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2026 duly passed with the emergency clause. 0245 COUNCIL BILL 2027 - ORDINANCE GRANTING A ZONE CHANGE ON CERTAIN PROPERTY LOCATED AT 751 YOUNG STREET FROM SINGLE FAMILY RESIDENTIAL (RS) TO MULTI-FAMILY RESIDENTIAL (RM). Councilor Chadwick introduced Council Bill 2027. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2027 duly passed with the emergency clause. 0270 COUNCIL BILL 2028 - RESOLUTION ENTERING INTO AN AMENDMENT TO AN AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY. Councilor Chadwick introduced Council Bill 2028. Recorder Tennant read the bill by title only since there were no objections from the Council. Mayor Jennings stated that this Resolution would give the City Administrator authority to sign future amendments of this type with Union Pacific rather than bringing each amendment back to the Council for approval. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared the Council Bill 2028 duly passed. Page 7 . Council Meeting Minutes, February 28, 2000 oor-" , ..~-.~~.,~.._. '-TO.-- _._._.,-,_.-.__,~._.__.___."____ COUNCIL MEETING MINUTES FEBRUARY 28, 2000 TAPE READING 0307 COUNCIL BILL 2029 - RESOLUTION ENTERING INTO AN AGREEMENT WITH MULTI-TECH ENGINEERING SERVICES INC FOR PROFESSIONAL ENGINEERING CONSULTING SERVICES FOR THE DESIGN IMPROVEMENT PLANS FOR BOONES FERRY ROAD AND COUNTRY CLUB ROAD STREET IMPROVEMENTS. Council Bill 2029 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the CounciL Mayor Jennings questioned if sidewalks would be included in this project along Country Club Road. Public Works Director Tiwari stated that sidewalks would be included as part of the improvement project. He also addressed concerns previously expressed by Councilor Pugh regarding the contractual arrangement for consultants to perform the engineering work rather than city staff. He stated that consultants are needed when expert opinions are necessary and for those times in which peak loading is reached. Staffing of full-time personnel should be for average loading and consultants used when a specific project requires more staff time on a short term basis than what currently staff level can provide. He also reminded the Council that he has been trying to fill the Assistant City Engineer position for over a year and he recently received his second rejection from an individual thereby making it more difficult for current staff to get the work done within a specified time period. Assuming the design plans are completed this summer, a local improvement district needs to be formed and it is anticipated that the construction project will begin in 2001. It was also the consensus of the Council that the sidewalks on Country Club Road would extend to Astor Way and be installed on both sides of the street. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2029 duly passed. 0495 REJECTION OF BIDS FOR THE PURCHASE OF A USED PICKUP TRUCK AND A USED SEDAN: BID NO. 20-12. Bids for one 1998 or newer used pickup truck and one 1998 or newer used sedan were submitted by the following vendors: Sedan: Hershberger Motors, $10,700; Hillyer's Ford, $11,000; Hershberger Motors, $12,765; Hillyer's Ford, $13,000; Power Chevrolet, $13,500; Cnaby Ford, $13,524; Power Chevrolet, $13,750; Hillyer's Ford, $14.000; Power Chevrolet, $14,850; and Wilsonville Chevrolet, $15,981. Pickup: Wilsonville Chevrolet, $12,965; Hershberger Motors, $13,996; and Hillyer's Ford, $15,500. Staff recommended that the bids be rejected since a majority of the bids did not meet specifications. Additionally, the vendors indicated that they were under the impression that the City would accept significant deviations from the specifications, however, this was not the City's intent. Page 8 - Council Meeting Minutes, February 28, 2000 ~. ,.....,_,...'".'.__'~_.,_. H_...... COUNCIL MEETING MINUTES FEBRUARY 28, 2000 TAPE READING FIGLEYIKILMURRA Y... reject all bids received for City of Woodburn Bid #20-12 due to specifications that were written to allow excessive deviations. The motion passed unanimously. 0573 REOUEST FOR SOLICITOR'S LICENSE FROM THE UNITED STATES MISSION. Administrator Brown stated that a request had been received from the U.S. Mission to conduct a door to door solicitation between February 29th and March 29th. This organization is a 501(3)(c) non-profit religious organization that serves the homeless in a number of cities with the closest being the Portland area. As a religious organization, they are not only exempt under the City's solicitation ordinance but case law has reduced local government's authority to regulate solicitation by religious and charitable organizations. He stated that this organization plans on soliciting between the hours of 2:00 pm and 8:00 pm on weekdays and between 1:00 pm and 7:00 pm on Saturdays. He has asked them to finish their solicitation during the weekdays at an earlier hour, however, they have stated that most of their donations are received during the evening solicitation hours. Administrator Brown also stated that the City's solicitation ordinance is outdated and, as time permits, staff will come back with an amended ordinance to reflect current law and the City's ability to regulate peddlers. Councilor Pugh stated that he would be voting no on this issue as a method of protesting this law. Councilor Figley stated that she would be voting yes on this issue since the City has no choice in the matter. FIGLEYIKILMURRAY....approve a permit allowing the United States Mission to solicit door to door from February 29 through March 29, 2000. On roll call vote, the motion passed 4-1 with Councilor Pugh voting nay. 0724 SITE PLAN ACTIONS. A) Mall 99 Remodeling Project: No action was taken by the Council on the administrative approval of the Mall 99 remodeling application. 0771 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that he has recently moved into his new home located within the city limits. 0787 MAYOR AND COUNCIL REPORTS. Councilor Pugh spoke briefly on the gas tax measure which will be before the voters at the May primary election. He urged the public to vote in favor of the gas tax and he read a paragraph printed in a recent League of Oregon Cities newsletter which indicates that Page 9 - Council Meeting Minutes, February 28, 2000 ,..,._."._'....-.~-_.."....."--,-_.._.-....^-_.._--_.__.". COUNCIL MEETING MINUTES FEBRUARY 28, 2000 TAPE READING increased truck mileage results in the trucking industry paying more than what they would have paid under the diesel tax and the argument presented by Triple A as it relates to fair share is not a good reason to vote no on this issue. Councilor Figley reminded the public of the Community Center Visioning Town Hall meeting on February 29th, 7:00 p.m., at the Community Center, and the meeting scheduled for March 6th, 7:00 p.m., City Hall, on the possibility of a train excursion or commuter service. Councilor Kilmurray expressed her thanks to the Public Works Director for placement of the counting strips on Hardcastle. Councilor Chadwick thanked the Police Department, State Police, and SW AT team in their handling of the situation within Senior Estates last week, and to Officer Weaver for coming out to the Senior Estates coffee hour to explain the situation. Mayor Jennings stated that he would like to see the zone map on the wall in the Council Chambers rather than the Comprehensive Plan map since it is confusing when discussing a zone change as to the actual zoning designations of property adjacent to the properties under discussion. 0912 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(d), ORS 192.660(l)(h), and ORS 192.660(l)(f). FIGLEYIPUGH... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 9:05 pm and reconvened at 9:53 pm. 0932 Mayor Jennings stated that no decisions were made by the Council in executive session. The Mayor also stated that he, along with Officers Sarah Totten and James Don, will be reading to 15 Kindergarten classes within the school district as part of "Read Across America" Day. 0950 ADJOURNMENT. FIGLEYIPUGH... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:55 p.m.. ~ APPROVED ~ D. ,..~_O ~ . ~ RI ARD JENNIN , MAYOR ATTEST fJ1Q~'; ~::xf Mary Tennant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, February 28, 2000 ~. ... ..__..,-..._..__.___....__._...00