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Minutes - 12/19/2001 Spec Mtg SPECIAL COUNCIL MEETING MINUTES DECEMBER 19, 2001 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 19, 2001. CONVENED. The special session convened at 4:30 p.m. with Mayor Jennings presiding. The purpose of the meeting was to consider approval of a revised order of procedure in Site Plan Review Condition Modification Application No. 01-10, and to hold an executive session. 0020 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, City Recorder 0060 REVISED ORDER OF PROCEDURE IN SITE PLAN REVIEW CONDITION MODIFICATION APPLICATION NO. 01-10. Administrator Brown stated that at the public hearing held last month, it resulted in the City and applicant trying to negotiate a mutually agreeable circumstance around the improvement of Arney Lane. Staff has been discussing this issue with the applicant and are in the process of exploring options that may result in a compromise agreement. At the public hearing, a schedule was established in which staff would submit a staff report by December 17th, the date would be left open for additional evidence until January 4, 2002, and the hearing would be continued until January 14, 2002. Staff had requested the applicant to give staff an additional two weeks to work on this issue, and to try and come to a compromise which would then be reflected in the staff report. The applicant has agreed to this extension and the Council is requested to approve the revised order of procedure since the Council had approved an order of procedure at the public hearing. Under the revised order, the public hearing will be continued to January 28, 2002, the staff report is due on December 31,2002, new evidence may be submitted until January 18, 2002, and the applicant has agreed to extend the 120-day provision in ORS Chapter 227 until February 15, 2002 at 5:00 p.m.. FIGLEY /NICHOLS.... approve the revised order of procedure in Site Plan Review Condition Modification Application No. 01-10 which consists of: A) The public hearing will be continued until January 28, 2002; B) The next staff report is due on December 31,2002; Page 1 - Special Council Meeting Minutes, December 19, 2001 SPECIAL COUNCIL MEETING MINUTES DECEMBER 19, 2001 TAPE READING C) New evidence regarding the application may be submitted until January 18, 2002; D) The applicant extended the 120-day provision in ORS Chapter 227 until February 15,2002 at 5:00 p.m.. Administrator Brown stated that the agenda for January 14, 2002 will include the item for this public hearing since it had been originally continued to January 14th, however, the Council will need to continue the hearing to January 28th. The motion to approve the revised order passed unanimously. 0279 CITY ADMINISTRATOR'S REPORT. A) Letter to Marion County Sheriff: Administrator Brown distributed copies of a letter from Police Chief Null to the Sheriff expressing his concerns towards the potential closing of the sheriff's operation portion of the sub-station. This is one of the items targeted under the list of potential cuts by the Sheriff as Marion County tries to deal with their budget shortfall this year. He summarized the Chief s letter which expressed the City's belief that the Sheriff's sub-station is advantageous to the community and that it would be a poor action for the County Commissioners to take at this time. Administrator Brown stated that he will write a similar letter to the County Commissioners on behalf of the Council to share their concerns with the Commissioners and ask that the closure of the sub-station not take place. It was the consensus of the Council to allow the City Administrator to send a letter to the County Commissioners. B) Signage at Hillyer's Ford: Administrator Brown briefly reviewed this issue involving a previous court order which provided for all 3 of the car dealerships in the interchange area to have signs that exceeded the square footage allowed in City's ordinance. Since the City lost the case based on a technicality regarding the City's addressing the application within 120 days, no decision was made by the court on the square footage issue. As a result, each dealership was allowed a sign up to 150 square foot in size. In this case, Hillyer's Ford is looking to change its sign in looks but it will still be within the 150 square feet limit. The Planning Department's initial reaction was that it would require a variance under the sign code, but, just before it was to go before the Planning Commission, the applicant withdrew the application and chose to take it to court instead. Based on the consensus the staff heard in executive session, staff will take the approach that there is no City involvement necessary at this time to change that particular sign to a different sign at the same location within the 150 square foot maximum size as allowed under the original order. This will be handled administratively and, as a result, the applicant's attorney will dismiss this case in court. This will require a stipulated agreement between the dealer and the City and he will execute the stipulated agreement on behalf of the City. The case was also joined by Miles Chevrolet and, in their case, they would be reserving their right to install a 150 square foot sign at some point in the future and this will also be in the Page 2 - Special Council Meeting Minutes, December 19, 2001 SPECIAL COUNCIL MEETING MINUTES DECEMBER 19, 2001 TAPE READING future and this will also be in the stipulated agreement. He stated that he will be bringing back to the Council for review on the Consent Agenda for January 14,2002, the stipulated agreement that he would execute. If there are major difficulties with the stipulated agreement, it will be brought back to the Council as a business item so that appropriate action can be taken. 0605 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn into executive session under the authority ofORS 192.660(1)(t) and ORS 192.660(l)(h). FIGLEYINICHOLS...adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The meeting adjourned to executive session at 4:44 p.m. and reconvened at 5:44 p.m.. 0667 Mayor Jennings stated that no decisions were made by the Council in the executive seSSIOn. 0680 ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 6:45 p.m.. APPROVED (~.,.(~~ roCHARDJENN S,~AYOR ATTEST 4~ Mary ~ant, Recorder City of Woodburn, Oregon Page 3 - Special Council Meeting Minutes, December 19,2001 r