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Minutes - 06/25/2001 COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 25, 2001. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0020 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley Mc Callum Nichols Sifuentez Present Present Present Present Present Absent Present Staff Present: City Administrator Brown, Asst. City Attorney Won, Public Works Director Tiwari, Community Development Director Mulder, Deputy Chief Russell, Finance Director Gillespie, Public Works Manager Rohman, Park & Recreation Director Westrick, Library Director Sprauer, Building Official Nelson, City Recorder Tennant Mayor Jennings stated that City Attorney Shields' father recently passed away, therefore in his place, Asst. City Attorney Deniece Won is present at this meeting. 0068 ANNOUNCEMENTS. Mayor Jennings stated that, once again, Administrator Brown will be riding his bicycle for the benefit of the American Diabetes Association and he is in the process of raising donations for this cause. He informed the public that contributions can be made out to the American Diabetes Association and donations can be either sent to or dropped off at the Administrator's Office at City Hall. Administrator Brown stated that he has raised $755 to date and he is hoping to receive a match from Silverton Hospital. A) All City offices, the Aquatic Center, and the Library will be closed on July 4th. 0178 CONSENT AGENDA. A) Council regular and executive session minutes of June 11,2001; B) Planning Commission minutes of May 24,2001; C) Claims for the month of May 200 1 ; D) Removal of large hazardous tree located in the public right-of-way on Country Club Road adjacent to a city-owned well site; E) Police Department activity report for May 2001. Page 1 - Council Meeting Minutes, June 25, 2001 COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READING FIGLEY/SIFUENTEZ... adopt the consent agenda as presented. The motion passed unanimously. 0231 PUBLIC HEARING: APPEAL OF SITE PLAN REVIEW #00-12. VARIANCE #01- 04. AND PARTITION #01-01 (Safewav Shoppine: Center). Mayor Jennings declared the public hearing open at 7: 10 p.m.. Recorder Tennant read the land use statement required under ORS Chapter 197. Councilor Mc Callum stated that, in reviewing the documents related to this issue, he discovered that the appellant is represented by Davis, Wright, Tremaine of Portland. Since his wife and daughter both work for this attorney firm, he is not going to participate in the discussion nor the vote on this matter. For the record, Councilor Figley also stated that she is very familiar with the site and has driven by the location to view the site since it became apparent that it would be on this agenda. 0600 Community Development Director Mulder stated that the purpose of this hearing is to consider an appeal of the Planning Commission's decision regarding a proposal to construct a shopping center on a 10.38 acre parcel of land located in the vicinity of the Highway 99E and Highway 211 intersection. The proposed shopping center would include a 57,860 sq. foot grocery store, a 12,000 sq. foot retail building, a gas station, a fast food restaurant, and a bank building. The applicant had also requested 6 variances that all relate to signage on the site, and a request to consolidate the three existing lots into one large lot to accommodate the shopping center. The Planning Commission approved their final order in April and found that the proposal met all approval criteria relevant to approving the site plan, variances, and the partition. The approval was subsequently appealed by Northwest Real Estate Services and the notice of appeal listed some statement of errors as to how they felt the Planning Commission erred in their decision. Alleged errors were that the Planning Commission approved the project and imposed a condition of approval requiring the applicant to dedicate property it did not own. He stated that the appellant referenced Condition #20 and #22, and maintains that the City is requiring that an approach permit from Oregon Dept. of Transportation (ODOT) be obtained prior to approval of building permits for the project and that land be dedicated necessary to construct improvements on both Highway 214 and Highway 211. He stated that staff interprets the Planning Commission's condition to mean that the dedication of land is adjacent to the project site which is property owned by the applicant, and that the applicant is required to obtain an approach permit. Based on this interpretation, staff feels that the appellants arguments that the Planning Commission erred has no merit and should be rejected by the Council and the let the Planning Commission's decision stand. Councilor Figley questioned if the City would grant the permit but ODOT does not grant an approach permit, what is the end result for the applicant. Page 2 - Council Meeting Minutes, June 25, 2001 COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READING Director Mulder stated that ODOT has the jurisdiction over the highway and failure to approve an approach permit would result in the City not issuing the permits. The applicant could then go back and work with ODOT to obtain an approach permit or they could revise their project and re-submit the project to the City. Councilor Figley questioned the location and nature of the access to the development, and the location and extent of the signage requests by the applicant. Director Mulder stated that one access point would be located on Highway 99E which would provide for a right-inlright-out only with a median to be installed as required by ODOT. The second access point would be on Highway 211 which is an unrestricted access point. In regards to signage, the applicant is requesting variances from the sign ordinance 1) to allow a 52 sq. ft. directional sign at the Highway 211 driveway entrance which exceeds the maximum allowed of 12 sq. ft. to accommodate a price sign for a gas station; and 2) to allow 5 wall signs for the Safeway store that does not exceed the overall area allowed for wall signage on each place. This development is considered as an integrated business center which only allows 1 free-standing sign for the entire shopping center. The applicant is proposing to place one sign at the intersection but, under the City's sign ordinance, it would not allow for signage at either of the entrances to the development which are significant distances from the intersection. Mayor Jennings reiterated that the appellant is objecting to Conditions #20 and #22. 1422 Attorney Mike Robinson, representing the applicant, Pac Trust, stated that he would review the merits of the appeal and legal issues to be addressed and that the applicant, along with some of their consultants, would be able to answer questions relating to specifics of this project. He stated that the Planning Commission had approved the application as outlined in the staff report. In regards to access, he stated that the access points shown on the site plan are a minimum that make a center of this size work and they had hoped to have more right-inlright-out accesses onto Highway 99E but that was not agreed to by ODOT. The full-turnout will be on Highway 211 which is agreeable to ODOT. In regards to signage, he stated that they would not generally ask for that many variances under the City's sign ordinance, however, there were a number of reasons as to why the variances were applied for. For example, the bank building will be located near the street rather than being a part of the larger retail building and it made more sense to have signs for the bank on both the street side and parking lot side. The variance for the Safeway signs would allow for the name Safeway on each side of the building and the S logo. In this case, the Safeway signs would not exceed the total area that the sign code provides but the number of permitted signs would be in excess of code requirements. He stated that the appeal focuses on whether it is a proper condition imposed by the Planning Commission, at the request of ODOT, that might require some take of property on the north side of Highway 211. Attorney Robinson stated that they had worked closely with ODOT and the City to develop a set of conditions that would satisfy both agencies. The Page 3 - Council Meeting Minutes, June 25, 2001 COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READING applicant understands that they need an approach road permit from OOOT and, if that is not approved, they will need to come back to the City to seek a different approval or seek a different approval from OOOT. In his opinion, Condition #22 does not require anybody's particular property to be taken except for the applicant's. They are in agreement with dedicating the 7' of property as provided for in the condition and some improvements will be need to be made along Highway 211. If those improvements cannot be made, the applicant will work with OOOT to seek an alternative and the applicant will then come back to the City with the alternative. In his opinion, the condition is entirely appropriate and it does not run with, nor impose a burden, on the property on the north side of Highway 211. He stated that they are willing to work with all parties, private and public agencies, in order to satisfy all of the conditions so that the development can be built within the near future. He also mentioned that the appeallant purchased the northeast comer of property along Highway 211 after they knew what OOOT's conditions would be and they inserted themselves into the process. Additionally, he expressed his opinion that their legal argument was rejected by the Land Use Board of Appeals in a 1993 case (Choban v Washington County) whereby the County could correctly impose a condition on property not controlled by the applicant. LUBA's decision was that it is the applicant's burden to satisfy the conditions of approval and, if the applicant is unable to do so, then the applicant needs to go back to the approving agency and seek modifications to the conditions or come back with another plan that would not require the same set of conditions. He stated that the appellant could still challenge OOOT's issuance of a road approach permit. Lastly, he mentioned that there are a series of letters between the appellant, Northwest Real Estate Services, to Truss- T Structures and a responding letter from Truss- T Structures regarding the potential sale of land to Northwest Real Estate Services for the purpose of building a retail facility and to meet OOOT ingress/egress requirements. Attorney Robinson stated that the responding letter from Truss- T Structures stated that they are interested in having the intersection improved per OOOT requirements and they felt that the Pac Trust development was in the best interest of the City as well as to Truss- T Structures. He reminded the Council that the appellant is not complaining about the quality of the center, access points, nor OOOT improvements. In his opinion, there is no basis under the City's code for granting this appeal since the provision cited in Chapter 11 has nothing to do with this issue rather it addresses criteria relating to driveways rather than improvements to Highway 211. He asked that the Council affirm the Planning Commission's decision and reject the appeal. 2308 Councilor Bjelland stated that the issue seems to be whether or not additional property is necessary to do the improvements at the Highway 211/99E intersection. He questioned if the only property needed to make the improvements is that owned by the applicant. Attorney Robinson stated that the only property that is specifically mentioned in the Page 4 - Council Meeting Minutes, June 25, 2001 COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READING conditions is the 7 feet adjacent to Highway 211 on the applicant's property. In order to make the intersection improvements required by ODOT, there will be additional property required. Even though additional property is needed on the north side of Hwy. 211 to improve the intersection under the current ODOT approved design, obtaining the additional land is not a part of the condition imposed by the Planning Commission. He stated that Pac Trust will need to negotiate with the appellant for the property and, if Pac Trust is unsuccessful in their negotiations over the next year, they will re-evaluate their plan and try to come back with a different site plan that will meet City and ODOT needs. Andrew Jones, Vice President of Pacific Realty Associates (PAC Trust), stated that he had been involved with this property since 1992. Initially, the storm sewer capacity held back development of this site and, after working with the City's Public Works staff, they were able to install a storm sewer line system last summer. Other issues addressed in planning this development included maintaining wetlands and meeting ODOT's requirements for the approach road permits. A traffic analysis was completed and, based on the analysis, they were able to mitigate the effects of the new trips in the traffic system which resulted in additional left turn lanes and signal modifications. Fairly late in the process, it was determined that some additional right-of-way would be necessary on the north side of Highway 211. He has been trying to obtain the necessary property on the north side but has been unsuccessful in his negotiations with the property owned by Northwest Real Estate Services. He stated that he would like to continue to work towards a solution that would make this development a reality. In his opinion, this development will be an asset to the City. He reminded the Council that they have their consultants present at this meeting to answer any questions the Council may have on this project. Councilor Figley questioned if the intersection improvement shown on the map is the improvement required by ODOT involving the dedication of land on the north side of Highway 211 and, if that property is not available, what other options are available to the applicant. 2738 Beth Wimple, Kittleson & Assoc, stated that the map shows a widening of the intersection that involves property on the north side of Highway 211. Kittleson & Assoc. has developed another concept that would modify the design so that the property on the northside of Highway 211 does not have to be acquired by the applicant. However, this concept has not been worked out with ODOT as of this date and they anticipate meeting with ODOT in the near future on this concept. She stated that the roadway design shown on the map is a longer term design as more properties develop in the area but the concept will still maintain the traffic service level. Dan Frickey, ODOT, confirmed that ODOT is working with the applicant for potential alternative designs. The design on the map before the Council are the necessary improvements for those identified in the original traffic study and the conditions only require the acquisition of permits and completion of the improvements that are required Page 5 - Council Meeting Minutes, June 25, 2001 COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READING by the permits. In addition, conditions #38 through #41 were conditions that OnOT had requested to deal with the same basic issues and he reiterated that the permits must be acquired and improvements completed prior to opening of the center. OnOT understood that there would be a need to obtain property on the north side of Highway 211 which is the applicant's responsibility. If they are not able to obtain the property, then additional options would be considered that would provide the same level of performance out of the highway without needing the additional right-of-way and they are working on that issue with the applicant. 3220 Stan Chelton, representing the Woodburn Valley Assembly Hall of Jehovah's Witnesses (property owner to the south of the proposed development), confirmed that their dealings with PAC Trust have been very good and issues they had brought forth have all been met. They are very appreciative of PAC Trust's cooperation and they see some asset in the type of development being proposed. Additionally, they appreciate the traffic safety concerns expressed by onOT. 3339 Chris Koback, attorney representing Northwest Real Estate Services, Inc, (appellant), stated that his client owns North Park Plaza which includes the building Safeway is currently leasing. He stated that his client's motives for purchasing the property located on the northeast comer of Highway 211 was to protect the business opportunities of the tenants at North Park Plaza. He also stated that Safeway has a long term lease on the building they are currently occupying and they will not be leasing the building to a competitor. In his opinion, the conditions read differently than staff's interpretation and improvements required by OnOT will include property currently owned by his client as designated by the plans before the Council. He referred to the condition of approval that states that the development shall substantially conform to the drawings in the site plan. He did not feel that the purchase of the property to protect their existing property and their tenants is immaterial as commented on earlier by the applicant. He agreed that conditions are appropriate to assure compliance but a condition must be feasible in order to assure compliance. In his opinion, Condition #22 is not feasible since it is conditioned upon acquiring all of the property required by OnOT. Since neither OnOT or the applicant had submitted evidence in the record that there was an alternative, he felt that the record should be decided upon what is in the record versus what is being discussed at this time. He stated that the Kittleson & Assoc. report shows that the Hwy. 211 intersection currently operates at a level E and, once the development is in place, he feels that it will have a negative impact with the additional traffic. He stated that his client is challenging a condition that, which they believe as written, requires acquisition of property that the applicant does not own. Therefore, the condition is not feasible and would not assure compliance with the applicable criteria for approval. Unless there was an alternative on the table to make it feasible at this time, he expressed his opinion that Page 6 - Council Meeting Minutes, June 25, 2001 COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READlNG the Council should reject the application and send it back to the drawing board. Mayor Jennings questioned Attorney Koback as to whether or not the development would occur if the road approach permit is not granted. Attorney Koback agreed that the development would not be constructed if the road approach permit is not granted by ODOT. 3818 Andrew Jones, Pac Trust, stated that he has had prior experience with Safeway's real estate department and it has been their practice to look for other retail businesses to sub- lease buildings no longer being used by Safeway. He assured the Council that Safeway does care about the community and will do the best they can to get the building occupied by another non-competing business. He disagreed with Attorney Koback's statement that the tenants at North Park Plaza will be going out of business once the Safeway store moves their operation to the new facility. He also stated that Northwest Real Estate Services, Inc., has also been looking at partnering up for an Albertson's anchored shopping center at the northeast comer of Highway 211. If a competing store was located across the street from Safeway, it may hurt their business which is why they are looking for a non-competing business. In regards to the purchase of the right-of-way belonging to Northwest Real Estate Services, Inc., he stated that they felt that they would be able to purchase the property necessary to make the improvements on Hwy. 211 as shown on the design, however, they are now having to look at an alternative design that will meet ODOT requirements. Councilor Bjelland questioned the length of lease remaining on the building currently being leased by Safeway. Mr. Jones stated that they are in their first or second of a series of 5 year options and their control is for at least another 20 years. Since Safeway will be making a substantial investment in the new development, they will not be looking for a competing business to sub-lease the North Park Plaza building space. Jeff Parker, Safeway Real Estate Manager, stated that they will be investing a tremendous amount of money in the long term lease of the land plus also a majority of the cost to construct the Safeway store. He reiterated that they will probably not sub-lease the property to a competitor, and they control the property until August 31, 2029 which is when the last option on the existing store expires. Even though they could leave the building vacant based upon the lease agreement, however, it is not a good business practice to leave the space vacant and continue to pay rent. 4582 Beth Wimple reviewed different scenarios relating to traffic levels of service as provided for within their report. She stated that the scenario being considered would also provide a service level D and maintains a volume to capacity ratio of .82 which is required by ODOT in order to develop the site. Mike Robinson concluded the applicant's rebuttal by stating that, in his opinion, the competitive issues do not fall into the approval criteria. He reiterated that Safeway does Page 7 - Council Meeting Minutes, June 25, 2001 COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READING look for businesses to locate in buildings they have vacated rather than leaving the building vacant. In his opinion, the language in Condition #22 is broad enough so that either the improvement on Hwy. 211 is completed as currently designed or an alternative solution be required by ODOT and the improvement be made accordingly in order to maintain the traffic level of service. He also stated that the City does not have a Transportation Planning Rule (TPR) issue on this case and he encouraged the Council to reject the appeal and approve the development. 5074 Mayor Jennings declared the public hearing closed at 8:16 p.m.. Councilor Sifuentez stated that she had been concerned with the potential long term vacancy of the building currently being leased by Safeway, however, the reassurance from Mr. Parker that Safeway will look for building tenant(s) has lessened her concern on this issue. She also felt reassured that ODOT and City staff will make sure that the traffic improvements made will meet all requirements. Councilor Bjelland felt that Condition #22 could be interpreted broadly from the standpoint as to what property it refers to, based on the Commission and staff's report, the intention of the wording of that statement was intended to mean the property that is controlled by the applicant. Another issue brought up relates to the Commission's right to approve something that does not have a chance of going into existence without significant changes to the site plan that was approved. He questioned staff if the plan would be referred back to the Planning Commission if there was a significant change in the traffic diagrams and for handling the increased traffic at that intersection. 5574 Director Mulder stated that Condition #1 states that the proposed development must be in substantial conformance with the plans submitted. Ultimately, the Planning Director makes the determination on substantial conformance and, if it does not meet substantial conformance, it would go back to the Planning Commission for review. As a Planning Director, he stated that anything major such as accesses or obtaining right-of-way on the north side of property, the applicant would be required to go back to the Planning Commission in a public hearing process. Councilor Bjelland stated that, based on information brought up at this meeting, an alternative might be to move a portion of Hwy. 211 further south to accommodate the lanes of traffic needed and work out the alignment with Hwy. 99E1211 when further development is made in the area. Councilor Figley reminded the Council that economic competition is not regulated by the Council, and she does not read into the conditions that the applicant is required to work with the agency that has control over the abutting state highways. Based on testimony from ODOT and Kittleson, she did not have any problem with the proposal on its merits, however, she felt that they may be back before the Commission if they need to make changes to the road design which impacts the site plan as originally submitted. At this time, she agreed with the conditions in the Site Plan. Page 8 - Council Meeting Minutes, June 25, 2001 COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READING Mayor Jennings stated that he had been concerned with having another vacant building within the City. However, he felt that Safeway would be looking for a tenant to fill the building rather than paying a large annual lease payment. FIGLEY/SIFUENTEZ... Council concur with the Planning Commission's final order and approve Site Plan Review #00-12, Variance #01-04, and Partitioning #01-01, and instruct staff to prepare an ordinance substantiating this decision. On roll call vote, the motion passed 4-0 since Councilor Mc Callum had declared a conflict of interest at the beginning of this hearing. 6371 Mayor Jennings recessed the meeting at 8:28 pm and reconvened the meeting at 8:34 pm. 6430 COUNCIL BILL 2326 - ORDINANCE ANNEXING 1.5 ACRES LOCATED ON THE EAST SIDE OF HIGHWAY 99E SOUTH OF THE WILLAMETTE V ALLEY RAILROAD. DESIGNATING A COMMERCIAL GENERAL (CG) ZONE. AND ATTACHING CERTAIN CONDITIONS (Woodburn Carcraft. 220 S. Pacific Hwv). Council Bill 2326 was introduced by Councilor Chadwick. Recorder Tennant read the two readings of 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 Jennings declared Council Bill 2326 duly passed. 6600 COUNCIL BILL 2327 - ORDINANCE ADOPTING CERTAIN STATE SPECIALITY CODES. SETTING FORTH POWERS AND DUTIES OF THE BUILDING OFFICIAL. PROVIDING FOR PROCEDURES AND FEES. AND ESTABLISHING PENALTY PROVISIONS. Council Bill 2327 was introduced by Councilor Chadwick. The two readings of the bill were read by title only since there were no objections from the Council. Councilor Bjelland questioned if the City had received any feedback from the public on the change in the automatic sprinkler requirements for apartments. Building Official Nelson stated that one contracted had expressed concern on this requirement, however, it was also noted that the Fire Marshall can grant a variance. Most of the agencies in the metro area have adopted this new requirement but the City would be one of the first in our area. Director Mulder stated that he had seen a study relating to costs and the new requirement would increase the per unit cost by $700, however, he was unsure if the cost savings for fewer fire hydrants were factored into the cost increase. Mayor Jennings stated that the Fire District does not have the ability to issue citations but they can send the City's Code Enforcement Officer to the location and, if necessary, issue a citation for violation of the code. Page 9 - Council Meeting Minutes, June 25, 2001 COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READING Councilor Bjelland stated that the sprinkler system is a worthwhile safety measure but it does add to the cost of a building apartment complex. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2327 duly passed with the emergency clause. Tape 2 0328 COUNCIL BILL 2328 - ORDINANCE ADOPTING THE 2001-02 CITY BUDGET. MAKING APPROPRIATIONS. AND LEVYING TAXES. Councilor Chadwick introduced Council Bill 2328. Recorder Tennant read the two readings of 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 Jennings declared Council Bill 2328 duly passed with the emergency clause. 0383 COUNCIL BILL 2329 - RESOLUTION ENTERING INTO A SITE LEASE AGREEMENT WITH VOICESTREAM PCS 1. LLC FOR THE PLACEMENT OF AN ANTENNA ON THE WATER TOWER. Council Bill 2329 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. Councilor Figley questioned as to the number of antennas that would be allowed on the tower. Public Works Manager Rohman stated that this would be the last antenna to be placed on the water tower. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared the bill duly passed. 0504 COUNCIL BILL 2330 - ORDINANCE AMENDING ORDINANCE NO. 2245 (THE MASTER FEE SCHEDULE) TO INCREASE THE NON-RESIDENT LmRARY CARD FEE FOR NON-RESIDENTS OF THE CITY RESIDING WITHIN THE CCRLS SYSTEM BOUNDARIES. Councilor Chadwick introduced Council Bill 2330. Recorder Tennant read the two readings of the bill by title only. Councilor Figley questioned if non-resident patrons living outside of the CCRLS district are affected by this increase. Library Director Sprauer stated that the ordinance would increase the non-resident library fee from $25 to $40 annually to those non-residents who reside within the Chemeketa Cooperative Regional Library Service (CCRLS). Non-residents who live outside of the CCRLS boundary are currently being charged $75 annually which is covered in the current master fee schedule. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2330 duly passed with the emergency clause. Page 10 - Council Meeting Minutes, June 25, 2001 COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READING 0712 COUNCIL BILL 2331 - RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES DURING FISCAL YEAR 2001-02. Council Bill 2331 was introduced by Councilor Chadwick. The bill was 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 2331 duly passed. 0749 HERMANSON PARK 3 - WETLANDS ENHANCEMENT PLAN. Mayor Jennings stated that the Council had instructed the Park Board to pursue this concept with the developer and the Board now has a recommendation before the Council to consider approval of a wetlands enhancement plan. Councilor Figley stated that she had attended a few meetings involving the Park Board and the developer, Luckey Company, and she is aware of the effort made to secure neighborhood input and address neighborhood concerns. From the initial proposal, some changes were made to address security concern. She expressed her appreciation to the respondents within the neighborhood and to Paul Sedoruk, representing Luckey Company, for his work with the Park Board, staff, and residents in preparing a plan that accommodates as many of the residents as possible. Janet Greenwell, Park Board Chairperson, stated that the Board had been working with Paul Sedoruk since last October on the wetland mitigation project. The Board has had 3 workshops with neighbors and changes were made based on neighborhood concerns. The Board is recommending that the Council approve the wetlands mitigation project. Director Westrick stated that the neighborhood workshops began in November 2000 and concerns expressed by the neighbors at that time included flooding, insects, and security. The Board had asked Mr. Sedoruk to meet with the neighbors and an informal door-to- door survey was conducted with a neighborhood volunteer which helped Mr. Sedoruk to design a plan that would address some of the concerns of the neighborhood. He stated that the planting plan being proposed is less than the amount originally planned which will reduce the amount of denseness, and some of the plant materials are completely eliminated. He also stated that, in working with the Division of State Lands, it is necessary to bring two sets of ideas together in order to make this mitigation work. Before any development can take place, the developer will need to obtain a floodway encroachment permit from the City. 1224 Mel Schmidt, 840 Hermanson, stated that the plan that he finally saw a few days ago does have some merit, however, there are some things that are not spelled out in the plan and he does have questions on these issues. He stated that this project has been discussed with the Meadowpark Homeowners Association and the following questions/issues are as a result of items brought up at the Homeowners meeting and before the Park Board: 1) what, if any guarantee, is that the area would be maintained on a regular basis; 2) he objected to the Luckey Co. being able to pick the site of wetlands mitigation rather Page 11 - Council Meeting Minutes, June 25, 2001 COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READING than letting the City electors deciding the location; 3) he questioned the reduction Park maintenance labor hours if the project is allowed; 4) notification of residents within the neighborhood did not encompass all of those residents, therefore, not all residents were given an opportunity to comment on the project; 5) the plan still provides for thicket areas that the Police Chief expressed opposition to during the April 5th meeting; 6) the survey form was completed by 8 of 37 residents and a more concerted effort should have been made to get the residents to complete the survey; 7) in his opinion, the summary to the Parks Board represented the feelings of those who returned the surveys; 8) he objected to the findings submitted by Paul Sedoruk regarding the cooling of stream since the stream only has water in it about 3 months of the year otherwise it is dry; 9) removal of the dirt will create a water detention area and he questioned if the water will have a drainage system in which in can flow back into the stream or will it be trapped in that area and become stagnet and create a mosquito breeding area; 10) by requiring an encroachment permit, will homes be potentially damaged by flooding when the existing wetlands area is changed; 11) as a natural resource area, he questioned how much work, if any, the Parks department will do in this area since he did not want it to be an area that is overgrown and unusable by the public; and 12) he questioned why Luckey Company was not required to repair the damage to the wetlands they had originally damaged. He stated that the project has merit if done correctly, however, he did not want any loose ends on this project. 1910 FIGLEY/SIFUENTEZ... approve the Wetlands Enhancement Plan and authorize the Luckey Company to use the park to make subject improvements subject to obtaining a floodway encroachment permit through the Public Works Department. Councilor Bjelland questioned if the creek overflows, will the grading be such that the water will flow back into the creek. Paul Sedoruk, representing Luckey Company, stated that the water will not drain back into the original channel. This project will create a swale that will go downhill all of the way and drain into the Wilson Street culvert. The reduction of the grade will purify the water by slowing down the flow of the water. Dirt will be removed from the property in order to accomplish the designed grade level. Councilor Bjelland questioned the future maintenance of the wetlands. Mr. Sedoruk stated that the plan is to mow the west side since there is no mitigation occurring in that area whereas the east side would revert into a forested passive open space that has low maintenance requirements. Page 12 - Council Meeting Minutes, June 25, 2001 COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READING Councilor Bjelland questioned why the amount of trees on the original plan was cut in half as shown on the current plan. Mr. Sedoruk stated that, as a result of the informal survey, most of the neighbors did not want a densely forested site which is why the trees are placed in groves. Most of the trees on the site are Ash and the trees to be planted will be diverse as suggested by the neighbors. Councilor Mc Callum questioned if the Division of State Lands (DSL) had accepted this plan. Mr. Sedoruk stated that is has not been accepted as of this date but they are closely watching the progress. In his opinion, the DSL will accept the final plan as a good mitigation plan. It was noted that this is a restoration and enhancement project. Councilor Bjelland questioned if the design and grading takes into account a bicycle and/or pedestrian path in this greenway. Mr. Sedoruk stated that this was discussed and the enhancement project is in a small portion of the park itself and the location of the pathways could be placed on either side of the creek. Director Westrick stated that recent plans do not show any pathways and he is fairly confident that the City will be able to put in a pathway without compromising the enhancement program. He also noted that master plans are needed for the greenway system which would make the Park Board's decision making easier since they would be looking at whether or not the project fulfill the master plan. Councilor Bjelland stated that by having a path location in place the City might be able to use some of the dirt that was being removed as a ramp from Wilson Street down to the creek without disturbing vegetation. Director Westrick stated that the area will not require as intensive maintenance as Settlemier or Legion Park. The grass will be mowed periodically and they will maintain the area to insure that the plants growing in the area will thrive. Plants that compromise the natural resource can be removed. Mayor Jennings stated that, in years past, residents in that area had routinely complained about the open space not be mowed and, in his opinion, the City should consider making some improvements to the east side at some future date. The vote on the motion to approve the Wetlands Enhancement Plan passed unanimously. 3033 GENERAL LIABILITY. PROPERTY. AND WORKERS' COMPENSATION INSURANCE COVERAGE FOR FISCAL YEAR 2001-02. Recorder Tennant briefly reviewed the staff report which was distributed at this meeting. In summary, quotes were being reviewed by the staff and the City's Agent of Record and staff is recommending that the Council authorize the City Administrator to secure the insurance contracts once the proposals have been reviewed and the decision has been made as to which coverages best meet the needs of the City. There will be an increase in Page 13 - Council Meeting Minutes, June 25, 2001 COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READING the cost for liability and property insurance with an additional cost adjustment necessary if liability coverage limits are increased to either $3 million, $4 million, or $5 million. In regards to workers' compensation insurance, consideration is being given to changing from a retrospective plan to a guaranteed cost plan which may, or may not, have a deductible program to reduce up front costs. BJELLAND/SIFUENTEZ... authorize the City Administrator to secure insura,nce contracts for fiscal year 2001-02 for general liability, property, and worker's compensation coverage following further analysis of quotes received from the insurance companies. The motion passed unanimously. 3273 REAPPORTIONMENT OF CITY'S WARD BOUNDARIES. Administrator Brown reviewed his staff report summarizing the City's responsibilities under the Charter to examine the ward boundaries after each decennial census. He reviewed the statewide reapportionment criteria cited in ORS 188.010 and recommended that the Council utilize that same criteria in performing their own reapportionment process with the addition that each incumbent's residence should be retained within the same ward. In the past, the City has contracted with the Mid- Willamette Valley Council of Governments (COG) to do the reapportionment work. Staff is proposing to contract with COG for this reapportionment and the budget for 2001-02 does include a $7,000 appropriation for this project. Since this project needs to be completed before the end of the calendar year, he requested that the Council approve a set of criteria so that COG can begin work on this project. He also stated that a letter was received from Anthony Veliz, representing the Oregon Latino Voter Registration Education Project (OLVREP), informing the Council of their desire to be a part of the reapportionment process to have a fair and equitable redistricting process and to ensure that Latino voting strength is not diluted. It was noted that the criteria outlined in the staff report would be consistent with the goals of the OL VREP. Administrator Brown suggested that the Council meet in a workshop with COG, along with inviting this group and the community, to review the initial boundary designations and, based on comments received, either accept the initial boundary designation submitted by COG or look at other alternatives before any final decision is made by the Council. Mayor Jennings stated that no ethnic group should be diluted by this process. Councilor Figley expressed her appreciation to OL VREP for their proposal, however, before information is sent to COG, other groups or individuals interested in submitting a proposal should do so as soon as possible so that it can be taken into consideration. Brief discussion was held regarding the proposed contract with COG for this service. It was noted that the proposed contract would allow for a base cost of $3,750 with an additional $1,000 for attendance at meetings if that becomes necessary. Since this is a time sensitive project, he requested that additional proposals from the public be submitted to him by the last regular meeting in July. Page 14 - Council Meeting Minutes, June 25, 2001 COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READING BJELLANDIMC CALLUM... utilize the criteria included in the ward boundaries memo to the Council as the criteria for reapportioning the City's Wards and authorize the City Administrator to execute an agreement with the Mid- Willamette Valley Council of Governments to update Woodburn's ward boundaries in an amount not to exceed $4,750.00. The motion passed unanimously. 4175 ACCEPTANCE OF RIGHT-OF-WAY ON BOONES FERRY ROAD. Staff recommended the acceptance of the right-of-way being conveyed by the Woodburn School District for future street widening in conjunction with the Boones Ferry Road street improvement. FIGLEY/SIFUENTEZ... accept the right-of-way as being conveyed by the Woodburn School District as described on Attachment "A" under agenda item 111. The motion passed unanimously. 4204 ACCEPTANCE OF UTILITY EASEMENT ALONG BOONES FERRY ROAD. Staff recommended the acceptance of the utility easement being conveyed by the Woodburn School District which will allow for relocation and undergrounding of franchised utilities in conjunction with the Boones Ferry Road street improvement. FIGLEY/SIFUENTEZ... accept the utility easement being conveyed by the Woodburn School District as described on Attachment "A" under agenda item IlK. The motion passed unanimously. 4235 EMPLOYMENT CONTRACT FOR THE PUBLIC WORKS DIRECTOR. FIGLEY/SIFUENTEZ...approve and authorize the City Administrator to execute an employment agreement with the Public Works Director effective June 26, 2001. Mayor Jennings stated that both employment contracts before the Council at this meeting are fulfilling a Council goal of having contracts with all of the City department heads. Administrator Brown stated that there will be 3 more employment contracts before the Council over the next couple of months. The motion passed unanimously. 4376 EMPLOYMENT CONTRACT FOR THE CITY RECORDER. FIGLEY ISIFUENTEZ... approve and authorize the City Administrator to execute an employment agreement with the City Recorder effective June 26,2001. The motion passed unanimously. 4418 CONTRACT AWARD: SAFETY GRATING AT MILL CREEK PUMP STATION. Quotations for this project were received from the following contractors: Sunhawk International LLC, $6,500.00; and Nichols Welding-Metal Fabrication, $7,500. Staff recommended the acceptance of the quote from Sunhawk International LLC. Page 15 - Council Meeting Minutes, June 25, 2001 COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READING FIGLEY/SIFUENTEZ... award the contract for safety grating at Mill Creek pump station to Sunhawk International, LLC, in the amount of $6,500.00. The motion passed unanimously. 4453 SOUND AMPLIFICATION PERMIT AND EXTENSION OF LIABILITY INSURANCE FOR THE 4TH OF .TUL Y CELEBRATION. FIGLEY/SIFUENTEZ... approve a sound amplification permit for July 4,2001 from 10:00 am to 11 :00 pm, and to extend City liability insurance coverage for the Woodburn 4th of July Celebration. The motion passed unanimously. The event will be held at Woodburn High School. 4502 SOUND AMPLIFICATION PERMIT FOR PCUN COMMUNITY FORUM. FIGLEY/SIFUENTEZ... approve a sound amplification permit for PCUN for Sunday, July 8, 2001, from 4:00 pm until 7:00 pm. . The motion passed unanimously. The event will be held at 300 Young Street. 4540 SOUND AMPLIFICATION PERMIT FOR WOODBURN PUBLIC LIBRARY. FIGLEY/SIFUENTEZ... approve a sound amplification permit for the Woodburn Public Library for each Tuesday, July through August 2001, from 6:30 p.m. to 8:30 p.m.; and June 20, June 27, July 11, 18,25; July 10,2001 from 10:30 am to 12:00 noon; and August 2,2001 from 1:00 pm to 2:00 pm, at Library Park. The motion passed unanimously. The events will include "Music in the Park" and outdoor Youth events. 4607 CITY RESPONSE TO HIGHWAY 99E CORRIDOR SAFETY STUDY. Councilor Bjelland expressed his opinion that the City's responses to this study were well done and he intends on passing these responses onto ODOT. BJELLAND/SIFUENTEZ... receive the attached Highway 99E Corridor Safety Report. The motion passed unanimously. Page 16 - Council Meeting Minutes, June 25, 2001 ORIGINAL MINUTES AND REVISIONS---Bottom of page 16-Council Meeting Minutes, June 25,2001 Preston Tack, 2197 Camilla Camellia Way, stated that he had been in contact with individuals involved 'NHh in the State redistricting office and was made aware of a computer program that Aa& 295 bits of information that contain all of the information from the census could orcanize Woodburn's 295 "blocks" of census 2000 data into wards. He presented the Council with a map that would provide possible redistricting boundaries based on population only was present durinc the preparation of a citv maD showinc the current ward boundaries, To demonstrate the ease of chancing the boundaries and cettinc data bv new ward boundaries. another maD was DreDared within minutes. Each maD was accomDanied bv a sDreadsheet showina total DODulation. bv ward. with breakdowns into several cateaories. He stated that he was impressed with how quickly information could be obtained once the boundaries were put into the computer. He stated that it was a great process and was told that it is the same one the Mid Willamette Council of Governments will be using on the City's project. He presented Administrator Brown with a floppy disk which, he was told, had all of the information the COG needs to fit into their software program. MINUTES AS REVISED: Preston Tack, 2197 Camellia Way, stated that he had been in contact with individuals in the State redistricting office and was made aware of a computer program that could organize Woodburn's 295 "blocks" of census 2000 data into wards.. He was present during the preparation of a city map showing the current ward boundaries. To demonstrate the ease of changing the boundaries and getting data for new ward boundaries, another map was prepared within minutes, Each map was accompanied by a spreadsheet showing total population, by ward, with breakdowns into several categories. He stated that he was impressed with how quickly information could be obtained once the boundaries vvere put into the computer. He stated that it was a great process and was told that it is the same one the Mid Willamette Council of Governments will be using on the City's project He presented Administrator Brown with a floppy disk which, he was told, had all of the information the COG needs to fit into their software program. z} . COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READING He stated that he was impressed as to how quickly information could be obtained once the bou~d~ies were put into t~*e.p.p.f.p.~...~fl1....!Pu . .~ ut:~r".:,m.~~e state~ that it was a great process and that It IS the same one the _ CouncIl of Governments will be using to work on the City's project. He presented Administrator Brown with a floppy disk which, he was told, had all of the information COG needs to fit into their software program. Councilor Bjelland stated that he appreciated the comments made by Mr. Tack and agreed that it is amazing as to what the GIS software will do once the information is in the system. 5220 Mark Wolfe, part-owner of North Park Plaza, gave his perspective on the Safeway issue which was decided by the Council following the public hearing held during the first part of this meeting. He stated that his firm owns the Safeway building but not the Rite-Aid building which is currently vacant. They have had a good rapport with Safeway and, up until this issue came up, he felt that Safeway had similar feelings towards his firm. In his opinion, this issue has affected his firm in other locations. He is very upset with comments made by Mr. Jones regarding his disingenuous about the concerns of his tenants and that it was a financial issue. He stated that he is very concerned about his tenants and he knows every tenant within his company's 800 properties. He invited the Council to talk to the businesses at North Park Plaza to verify their good rapport with those business owners. He expressed his concern on the affect Safeway will have on those businesses since they rely on customers visiting Rite-Aid and Safeway to shop at their business. He stated that they had submitted a bid for the property to put a theater on the property under former Planning Director Steve Goeckritz. They had approached ODOT to obtain access off of Highway 99E, however, at that time, ODOT refused to allow for an access. When Pac Trust approached ODOT at a later date since Albertson's was interested in a building, once again, ODOT would not allow access onto Highway 99E. He became aware of the most recent proposal by reading the local newspaper and he was very surprised with ODOT's change in position. He had requested for an opportunity to be included in the ODOT meetings, however, they were never invited to attend those ODOT meetings. He also stated that Safeway could expand their current location towards Highway 99E rather than building a new store. Albertson's would still like to come to Woodburn and would like to be located in the building currently being used by Safeway, however, Safeway is unwilling to allow a competing store to occupy the site. He stated that he had purchased the comer property for the purpose of looking at development possibilities in which they could build a development that would provide an Albertson's store along with other retail businesses. He asked that the Council try to understand their position on this issue since they are concerned about the businesses that remain at North Park Plaza. Mayor Jennings stated he partially agreed with the statements made by Mr. Wolfe, Page 17 - Council Meeting Minutes, June 25, 2001 COUNCIL MEETING MINUTES JUNE 25, 2001 TAPE READING however, he felt that many of the businesses will not suffer as much as what is being anticipated due to the type of business they conduct at North Park Plaza. Mr. Wolfe stated that he would not disagree with the Mayor's statements, however, the point of sale indicates that less than Y2 of the sales come from local residents. Mayor Jennings assured Mr. Wolfe that the City does not want to see the buildings empty and we continue to work toward finding businesses that would be interested in bringing their businesses to Woodburn. 6540 CITY ADMINISTRATOR'S REPORT. Administrator Brown expressed his appreciation to the Public Works Director and City Recorder for their willingness to enter into an employment contract since it is a big step in moving from a civil service slot to serving "at-will". 6600 MAYOR AND COUNCIL REPORTS. Councilor Chadwick stated that she had attended the RSVP Recognition Stawberry Social last Friday at the Methodist Church. There was a large attendance at this annual event and guest speakers were Mayor Jennings and Administrator Brown. Tape 3 Councilor Sifuentez stated that she would not be in attendance at the next regular meeting. 0027 Councilor Mc Callum stated that he was looking forward to the 4th of July Celebration and feels that it will be another great day in Woodburn. He also complimented the staff for the quality of the reports, both written and orally, which gives a great deal of background and helps him to get caught up with what is going on in the City. Councilor Figley stated that, once again, she will be handing out small flags to attendees at the 4th of July Celebration. She encouraged local citizens to participate and/or volunteer at this event. Mayor Jennings complimented the Community Development Director for his politeness towards developers even though the Director has to tell the developer that something cannot be done without going through a process. 0182 ADJOURNMENT. FIGLEY/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:12 p.m.. APPROVED ~d- RIC A TIEST tl..r ~3IIt, Recorder City of Woodburn, Oregon Page 18 - Council Meeting Minutes, June 25, 2001