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Minutes - 01/13/2003 COUNCIL MEETING MINUTES JANUARY 13, 2003 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 13, 2003. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Veliz Sifuentez Present Present Present Present Present (7:03 pm) Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Manager Rohman, Community Development Director Mulder, Finance Director Gillespie, Park & Recreation Director Westrick, Deputy Police Chief Youmans, Finance Director Gillespie, City Recorder Tennant 0049 ANNOUNCEMENTS. A) Holiday Closures: City offices and the Library will close at noon on Monday, January 20th, in observance of Martin Luther King Jr. holiday. The Aquatic Center will be open on January 20th. B) As of the first of this year, the Library Board has changed their meeting time to the 2nd Wednesday of each month at 7:00 p.m.. However, for the month of January, they will be meeting the 3rd Wednesday (January 15th) at 7:00 p.m.. C) A ballot drop box for the statewide Special Election is located in the City Hall lobby. 0150 APPOINTMENTS. Mayor Figley stated that she had an additional memo for a Library Board appointment which was distributed to the Council just prior to the meeting. She appointed the following individuals to serve on various boards, commission, and committees: Budget Committee: Richard Jennings, Position ill, term expiration date of 12/31/2005 Stanley Milne, Position IV, term expiration date of 12/31/2003 (fills vacant position) Grayce Higgins, Position VI, reappointment with term expiration date of 12/31/2005 Planning Commission: David Vancil, Position ill, term expiration date of 12/31/2003 (fills vacant position) Ellen Bandelow, Position VI, reappointment with term expiration date of 12/31/2006 Royce Young, Position VII, reappointment with term expiration date of 12/31/2006 Page 1 - Council Meeting Minutes, January 13, 2003 .-."...--..---...----..-' T T r I COUNCIL MEETING MINUTES JANUARY 13,2003 TAPE READING Recreation and Parks Board: Herb Mittmann, Position VII, reappointment with term expiration date of 12/31/2005 Library Board: Marie Brown, Position I, reappointment with a term expiration date of 12/31/2006 Mary Chadwick, Position II, term expiration date of 12/31/2006 Colleen Vancil, Position IV, term expiration date of 12/31/2003 (fills vacant position) Museum Committee: Hazel Smith, reappointment with a term expiration date of 12/31/2006 Donna Gramse, appointment with a term expiration date of 12/31/2006 Mayor Figley stated that there is still a partial term on the Park Board and a partial term on the Library Board yet to be filled and she encouraged citizens interested in either one of those positions to apply. NICHOLS/MCCALLUM... approve the appointments. The motion passed unanimously. 0336 PRESENTATIONS: Kiwanis/Chamber of Commerce Christmas Lights Contest Awards - Richard Jennings, representing the Kiwanis, and Kristi Olson, representing the Chamber, presented the awards to the following individuals and businesses: 1) Residential Lights Only: 1 st Place - Austin Burleson (Willow Avenue); 2nd Place- Cameron Koffler 2) Residential Lights and Display: 1 st Place - Edwin & Beverly Davis (Heritage Court); 2nd Place - Glen & Carol West (Willow Avenue) 3) Residential Neighborhood: 1 st Place - J ana Court; 2nd Place - Alexandra Court 4) Commercial with 15 employees or less: Taylor Honda 5) Commercial with 16 employees or more: Cascade Park Retirement Center 6) Commercial Neighborhood with 3 or more businesses: Woodburn Downtown Association 7) Conservation - creative ways to decorate to save electricity: Woodburn R V Park. 0699 CHAMBER OF COMMERCE REPORT. Kristi Olson, representing the Chamber, provided information on the following upcoming Chamber events: 1) The State of the City Address with Mayor Figley will be held at the Tukwi1a Center for Health on Wednesday, January 15th; 2) The annual Chamber dinner will be held on Friday, January 17th, at the Orchards Grill at Tukwila OGA Golf Course; 3) Business after Hours will be held on February 13th, 4:30 pm - 6:00 pm, at the Woodburn Pet Hospital. Page 2 - Council Meeting Minutes, January 13,2003 "~-"."~"''"'-'"'''''''' II P'''' r l' COUNCIL MEETING MINUTES JANUARY 13, 2003 TAPE READING She also reported that the Visitors Center had over 3600 visitors in 2002 which is up 36% from 2001, and telephone calls were up over 30% from the previous year (4500 calls). 0802 WOODBURN DOWNTOWN ASSOCIATION. Bruce Thomas, representing the WDA, requested that the City consider closing First Street between Garfield and Arthur so that vendors from the Saturday Market can display their products on the street facing Library Park. Vendors would not be on the grass but it would provide a park like setting for visitors. He also stated that the WDA will be celebrating the installation of the downtown lights on Thursday, January 30th, with more information to be made available later this month. Administrator Brown stated that the Police Chief has the authority to make decisions regarding temporary closure of city streets and, if Council action is necessary, it will be brought back at a later date. 0957 Richard Jennings, 595 Filbert Street, stated that the additional signage on the stop signs in the downtown area were an excellent idea and he expressed his appreciation to the staff member who suggested the signs. Public Works Manager Rohman stated that Julie Moore is credited with this suggestion. 1027 CONSENT AGENDA. A) Approve the Council regular and executive session minutes of December 9,2002; B) Accept the Library Board minutes of December 11, 2002; C) Accept the Planning Commission minutes of November 14, 2002; D) Accept the Planning Commission minutes of November 21,2002; E) Accept the draft Planning Commission minutes of December 12, 2002; F) Accept the Museum Committee minutes of October 17, 2002; G) Receive the Library Monthly Report for November 2002; H) Receive the Annual Audit Report for 2001-2002; I) Receive the Annual System Development Charge (SDC) Report; J) Receive the memo on the Government Law Section Election; K) Approve the claims for November 2002; L) Approve the claims for December 2002; M) Receive the Building Activity Report for December 2002; N) Receive the Planning Project Tracking Sheet dated December 30, 2002; and 0) Receive the letter to Oregon Public Employees Retirement System regarding the draft rule on Actuarial Equivalency Factors. Mayor Figley requested that typographical errors in the Council minutes of December 9th be corrected one of which is on page 3, tape reading 0991, the spelling should be Kika Garcia, and on the last page, Mayor Figley's first name is misspelled. Page 3 - Council Meeting Minutes, January 13,2003 ~...~.^_..._.... ... -., T l' .. r . COUNCIL MEETING MINUTES JANUARY 13, 2003 TAPE READING The Mayor also congratulated City Attorney Shields on his election as Chair of the Government Law Section of the Oregon State Bar. MCCALLUMlBJELLAND... accept the Consent Agenda with the corrections noted by the Mayor. The motion passed unanimously. 1254 COUNCIL BILL 2429 - RESOLUTION SETTING AMOUNT OF PARK & RECREATION SYSTEM DEVELOPMENT CHARGE. . Councilor Sifuentez introduced Council Bill 2429. The bill was read by title only since there were no objections from the Council. Councilor Bjelland stated that he was surprised that the construction cost index had decreased from last year which is why the SDC's for parks are either flat or slightly less. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2429 duly passed. 1341 PARK MASTER PLAN DESIGN CONSULTANT. NICHOLS/SIFUENTEZ... authorize the Recreation and Parks Director to sign an agreement with Moore Iacofano Goltsman, Inc., (MIG) for Community Park Master Plans for Legion and Settlemier Parks in an amount not to exceed $15,000.00. The motion passed unanimously. 1382 BID AWARD: WATER TREATMENT AND STORAGE PACKAGE 2. Schedule A: Bids for two well houses and pumping equipment were received from the following contractors: Schneider Equipment, Inc., $476,810.00; J.W. Fowler Company, $487,592.00; CORP, Inc., $521,362.00; Stellar J Corporation, $555,865.00; and Emery & Sons Construction, $628,000.00. Schedule B: Bids for construction of a water treatment and storage system control center were received from the following contractors: Nomarco Inc., $622,000.00; Schneider Equipment, Inc., $777,000.00; CORP, Inc. $783,494.00; Stellar J Corporation, $802,463.00; Grady, Harper and Carlson, $821,000.00; Emery and Sons Construction, $1,050,000,000; and lW. Fowler Company, $1,379,848.00. NICHOLSIBJELLAND... award Schedule "A" for two well houses and pumping equipment to Schneider Equipment, Inc., for $476,810, and award Schedule "B" for construction of a water treatment and storage system control center to Nomarco Inc. for $622,000.00. The motion passed unanimously. 1433 BID AWARD: HYDRAULIC IRON WORKER. Bids for a hydraulic iron worker were received from the following vendors: Industrial Welding Supply, $5,730.00; Industrial Source, $8,970.00; American Machines, $8,977.00; Industrial Welding Supply, $9,875.00; and MCK Tool Supply, $12,349.00. Staff recommended that the bid from Industrial Welding Supply be rejected since it was Page 4 - Council Meeting Minutes, January 13, 2003 T T r I COUNCIL MEETING MINUTES JANUARY 13, 2003 TAPE READING not in compliance with the bid specifications, and the bid from Industrial Source be accepted since their bid met or exceeded bid specifications. NICHOLS/COX.... reject the bid from Industrial Welding Supply for not being in compliance with the specifications and award City of Woodburn bid number 23-08 for a hydraulic iron worker to the lowest responsible bidder, Industrial Source, for $8,970,00. The motion passed unanimously. 1486 CONTINUATION OF PUBLIC HEARING: COMPREHENSIVE PLAN MAP AMENDMENT 01-03 AND ZONE CHANGE 01-07 (Applicant: Tim Doman). Mayor Figley declared the continued public hearing open at 7:25 p.m.. The Mayor declared that she was familiar with the property and the surrounding neighborhood and she has also looked at the property knowing that the public hearing was scheduled. Councilor Cox stated that he was on the Planning Commission when this issue was before them. He has checked with legal staff and been advised that there is no legal impediment for him to be sitting as a Councilor unless he is prejudiced. For the record, Councilor Cox stated that he has on open mind on this issue and will make his decision based on the information before the Council. Councilor McCallum also stated that he has looked at the property and he is also quite familiar with the owners involved. Recorder Tennant read the opening land use statement required by ORS Chapter 197. 1901 Community Development Director Mulder stated that the Planning Commission had approved a final order recommending denial of these applications on July 11, 2002. The applicant had subsequently requested an opportunity to provide additional evidence and argument to address the findings for denial and staff granted the request since the comprehensive plan amendment application is not subject to the 120-day rule. The applicant submitted its supplemental evidence and arguments on November 5, 2002 and the hearing was scheduled for December 9,2002 but continued to January 13, 2003. The property is located north of Young Street on the west side of Gatch Street (373 Gatch Street) and is approximately 1 acre in size with 1 house on the property. Current zoning is residential single family with a Comprehensive Plan map designation of low density residential. He outlined the area on the map to show where the subject property is located in relation to other multi-family and single family districts in the adjacent area. He stated that this application was processed under the Woodburn Zoning Ordinance rather than the Woodburn Development Ordinance since the application was submitted prior to the adoption of the Development Ordinance. He stated that the following four criteria must be met before a plan amendment can be made: 1) complies with all applicable state-wide goals and guidelines; 2) complies with remaining goals and policies ofthe Comprehensive Plan; 3) there is a clearly demonstrated public need for the proposed amendment; and 4) the proposal best satisfies the public need. Page 5 - Council Meeting Minutes, January 13, 2003 _.........._"_.............~',.~.........-..,. T ' T r . COUNCIL MEETING MINUTES JANUARY 13, 2003 TAPE READING Director Mulder stated that the proposal does not comply with Statewide Planning Goal 10 since recent studies indicate that the City will likely have a significant deficit of both low and high density residential land over the next 20 years. During the next year, staff plans on bringing alternatives before the Council to accommodate this additional need for low and high density plans. In regards to the Woodburn Comprehensive Plan, the proposal does not comply with G-1-1 and G-1-2 relating to sufficient land to accommodate growth for both low and high density residential developments. In regards to public need, there may be a need for high density residential housing, the applicant does not specifically address this criteria which concerns the supply of land designated for high density residential use, not the supply of high density residential housing. The City has been required to plan for the population forecast that it has been officially allocated which provides for a 20-year supply of land sufficient to meet long-range housing needs. Even ifit is determined that additional land will be needed in the City's 20-year future urban growth boundary, it does not prove that there is currently insufficient land to provide for current housing needs. He provided examples of locations in the City which are currently vacant land zoned high density residential which could be used for a high density residential development. Lastly, the applicant has not provided evidence to show the short term demand for high density residential uses exceeds the capacity of existing high density residential designated land in the City. The applicant has not shown that this lot is the best lot in the City's urban growth boundary to change to high density residential designation. Allowing the Comprehensive Plan amendment would result in an encroachment ofland designated for high density residential into a low density residential area. Currently, the line is a fairly straight line between the two land designations and approval of the amendment would result in a significant jog of the line to the north which could have an adverse impact on surrounding low density property. Director Mulder also reviewed the criteria relating to Burden of Proof. The current version of the Comprehensive Plan contains sufficient land to meet housing needs for a year 2014 population of28,000. The City is currently in the process of periodically reviewing the Comprehensive Plan. Population projections allocated to the City for year 2020 by Marion County (26,290) differ substantially from a projection prepared by our Consultant ECOnorthwest (range from 31,674 to 38,477). The periodic review process will result in a final adopted population projection and potential plan amendments so that sufficient land is available to meet our projected year 2020 population. In regards to the zone change, the applicant must show there is a need for the proposed use and that the particular piece of property in question will best meet that need. These criteria are similar to the criteria for a comprehensive plan amendment relating to public need and demonstrating that the site best satisfies the need, therefore, the comments on those criteria would apply to these criteria also. In conclusion, staff believes that all relevant approval criteria relating approval of the comprehensive plan amendment and zone change from low density residential to high density residential have not been Page 6 - Council Meeting Minutes, January 13,2003 , --.........."-_.. r T ... r t COUNCIL MEETING MINUTES JANUARY 13, 2003 TAPE READING satisfied. Therefore, staff recommends that the Council deny Comprehensive Plan Amendment 01-03 and Zone Change 01-07. 3101 Wally Lien, attorney representing applicant Tim Doman, stated that the property has been owned by the Doman's for a long time and it sits contiguous and at a right angle to Heritage Arms which is also owned by the Doman's. The property has a house and garage on the Gatch Street side and the idea is to take the garage off but leave the single family dwelling and create a driveway on the south side of the house and construct a set of two-story townhouse apartments similar to Heritage Arms running east and west. A conceptual site plan is included in the Council's packets. The key element is that it allows connectivity at the end of where the two pieces come together there will be a connection between Heritage Arms and the new apartments. This will allow an entrance/exit onto Young Street and an entrance/exit onto Gatch Street. He stated that the area to the south of the subject property is already designated high density residential even though it has some mixed zoning in the area. On the north side in the RS zone is a 3-plex which shows that the area can be characterized as mixed and is predominant in the apartment and plex zone. In this whole area, there is only one owner-occupied single family residence, the other two single family residents are rentals. There are homes along Gatch Street but there is nothing behind the homes. He stated that the Doman family has been a longtime positive contributor to this community and they have done a good job with the apartments. Whenever there has been a problem, they have cooperated with the City and cleaned up graffiti. He proceeded to review mathematical calculations based on new information that was available last spring but not given to the Planning Commission. He stated that the applicant had originally proceeded with the application process on his own but retained his services at the last minute before the Planning Commission to let them know that he needed time to put information together. He stated that there were two issues to be addressed - 1) traffic and 2) land use inventory, The applicant commissioned a Traffic Impact Study that resulted in a finding that there would be no impact on traffic. In regards to land use inventory, he contended that there is a deficit in available land for the planning period to 2020 based on the interim 2002 population projection of34,919. Since need is based on population, the numbers show that there is a need for another 106.82 acres of high density residential to take care of the population that the 2000 Buildable Lands Inventory did not take into consideration. Based on his calculations, there is also a deficit of 23.25 acres of low density residentialland. He stated that his client has 1 acre of land that would solve this problem but would help reduce the deficit of land under his calculations. Based on the numbers he presented to the Council, he expressed his opinion that there is a public need that is short and long term, and meets the criteria on both the zone change and comprehensive plan. He contends that this is the right piece to help solve the land deficit problem since this parcel is not shaped right to provide for proper utilization of land for a low density residential purpose. The 110 foot Page 7 - Council Meeting Minutes, January 13, 2003 -'--'""'-- T 1 r I -, . COUNCIL MEETING MINUTES JANUARY 13, 2003 TAPE READING width is not a significant jog and, during the periodic review process, the City will be looking at potentially re-designating other low density residential land in the adjoining area to high density residential. In regards to burden of proof, he was not sure where staff was coming from on their recommendation since the new data and traffic impact analysis indicate that they have met this criteria. The community has changed dramatically from 1978 when the original Comprehensive Plan was adopted and there has been a change in the fundamental process of land use planning within the community. This would then mandate the Council to look at the City's Fomprehensive planning scheme. The Planning Commission did not have the information which is now before the Council when they made their decision. He also referred to an earlier staff report which included a reference to residential policy A-I 0, Staff did not give an oral presentation on that policy at this meeting and he hoped that it means that staff has abandoned that policy since he believes it is not an approval criteria and he disagreed with the interpretative language and information provided by staff. The orientation of the property eliminates noise, visual aesthetics, and other concerns related to two-story apartment complexes, He reiterated that population numbers were derived from consultant reports and felt that the Planning Commission should have been given the information in order to make a decision based on the new numbers. He stated that this application provides connectivity along with the highest and best use ofland, and he urged the Council to approve the application. 6266 Councilor Bjelland stated that there is an agreed upon population forecast with Marion County of 26,290 and just recently there has been discussion to increase the population forecast to a higher number. Under existing State land planning reviews the City needs to use the negotiated population forecast for defining the Comprehensive Plan and Urban Growth Boundary. He referred to the mathematical calculations that were submitted by Attorney Lien and stated that he comes up with a different set of numbers that would show a significant deficit in single family residential rather than multi-family residential. He reviewed the calculation method he used to arrive at the deficit he believed the City would be facing in the future. Attorney Lien stated that even if Councilor Bjelland's calculations are used, which show a lesser amount of multi-family residential land, there is still a land deficit which shows public need. Councilor Bjelland stated that the City is in the process of a periodic review and the City will be negotiating for an agreed upon population for 2020. He feels that this property, along with the adjoining properties, may be something that should be considered at the point in time the City looks at the total picture and comes up with an exact finding as to how much land the City needs of additional multi-family and single family residential land. Tape 2 Attorney Lien expressed his opinion that Planning staff, former Mayor Jennings, and Page 8 _ Council Meeting Minutes, January 13,2003 COUNCIL MEETING MINUTES JANUARY 13, 2003 TAPE READING Marion County have all agreed that there is a new population number for 2020 and they have, in fact, agreed that the population figure of 26,290 is gone. He also disagreed with the percentage fi~re used by Councilor Bjelland in determining how much high density residential occupies the housing mix. He also objected to information brought forth by Councilor Bjelland that differs from the consultant's report. 0329 Richard Jennings, 595 Filbert St., spoke in opposition to the application. He stated that he lived in Johnson Addition which has an access onto Gatch Street and Young Street. In regards to Gatch Street, it is a narrow street and he does not feel that a valid traffic study can be done on a concept. He did not agree with approving a zone change on a concept since it was like writing a blank check and plans can change. The owners would still be required to go before the Planning Commission for development approval but there the property owner has a right to change their plans once the zone change is approved and a site plan is presented to the Commission. It has been the Council's policy in the past to deny a zone change based on a conceptual design and it has been the policy of the Council not to allow any further encroachment into the single family residential zone. Gatch Street has no parking on the east side of the street and, if a motorist meets a bus on that street, there is barely enough room for a car and bus to pass in different directions if a car is parked on the west side of the street. If the apartment complex is built, it would provide for 20 units plus it would provide an entrance/exit for 25 more apartments which will greatly increase the traffic problem on Gatch Street. The Church property was purchased for its own use and he did not believe that they would have purchased the property for the purpose of building a housing development. He stated that apartments tend to have more cars parked along the streets since there tends to be inadequate parking spaces available for the number of apartment residents. He disagreed with the City's position that there would be no traffic impact if the conceptual proposal does become a reality. He also felt that high and low density residential zones should not be mixed. In his opinion, the staff report was excellent and he feels that staff made a logical, very well- thought out decision in recommending that application be denied. Claudio Lima, 1415 Alexandra Court, stated that the application had been before the Planning Commission and he felt that it was preposterous that the City had data that they would not share with the Commission. A lot of statistics were brought before the Council, some of which have been contested, and consultants are asked to provide an opinion in the area of their expertise. 0921 Attorney Lien stated that the packet before the Council included a memo from Public Works Manager Rohman agreeing with the Traffic Impact Analysis performed by the consultants. In regards to the site plan, the City's rules envision that there will not be a site plan with an application of this kind and make provisions for subsequent site planning. In his opinion, the criteria is out of the City's code based on numbers provided Page 9 - Council Meeting Minutes, January 13,2003 .,. " t w "" fIT lIT COUNCIL MEETING MINUTES JANUARY 13, 2003 TAPE READING by the City's consultant that show that the City has a deficit of high density multi-family acreage. He reminded the Council that constitutional rights are at stake in a land use quasi-judicial process. In his opinion, the applicant has met all of the criteria and the Council has no choice but to approve the application, Mayor Figley declared the hearing closed at 8:50 p.m.. The Council took a short recess at 8:50 p.m. and reconvened at 8:57 p.m.. Councilor Cox stated for the record that the exhibit sheets Mr. Lien referred to during his presentation have been marked and are a part of this hearing. He stated that he did sit on this issue at the Planning Commission but he is looking at this proposal with an open mind. Different people can come up with different numbers by putting in numbers in statistics and he felt it would be a mistake for the Council to take Mr. Lien's version just as it might be a mistake to take Mr. Bjelland's version. All ofthe numbers are being generated as part of the City's periodic review process which will ultimately result in appropriate amendments to the City's Comprehensive Plan. This has not been done yet and, until it is done, all of the reports from consultants are just reports still be handled at staff level and not adopted by the Council. He feels that it would be premature to use those numbers as the basis of granting a specific application on a particular 1 acre piece of property. He reiterated that the periodic review process should be completed before a change is considered. He stated that Mr, Lien has done an excellent job in presenting this case but, on the other hand, he does not criticize staff for the work they did. Mr. Doman did not have professional help at the time the application was submitted but asked that the record be kept open so that he could bring forth further evidence. In his opinion, very little additional evidence was brought before the Council. The hearing was left open for new evidence and it would have been inappropriate for the staff to share new letters or documents received since the record was closed except for Mr. Doman's presentation. He stated that the Comprehensive Plan is only supposed to be changed if there was an obvious mistake or as part of the periodic review process. In his opinion, the Council should wait for the periodic review process to be completed. Councilor Bjelland stated that when putting in the entire perspective of land requirements for the City, the whole concept of urban growth boundary and 20-year supply ofland is to make sure that there is enough land to immediately satisfy your short term building requirements. The whole process of periodic review is to revisit every 5 to 7 years the Comprehensive Plan to determine whether or not the City needs to move forward another 5 to 7 year planning period to meet estimated requirements. The reports show that the City has approximately 111 acres of high density multi-family land so there is no immediate compelling need that the City have a short term supply of high density land. In fact, it will take a number of years before all of that land is utilized. He did not feel that piecemealing a Comprehensive Plan is appropriate and the Council should approach the total land needs requirements in a structured manner after having all input from all Page 10 - Council Meeting Minutes, January 13,2003 1 , t , I' COUNCIL MEETING MINUTES JANUARY 13, 2003 TAPE READING interested parties and doing a detailed analysis of the City's population, determining the density that the City is going to plan to achieve on its various land use types, and then compare that with the existing land inventory. He felt that it was premature to undertake this process on a small parcel at this point in time. Councilor Nichols agreed with comments made by Councilor Cox and expressed his opinion that the Comprehensive Plan does not need to be changed just because an applicant wants to change the plan for their benefit. Councilor Sifuentez stated that the staff report was well written and agreed with the findings and conclusions that the Planning Commission and staffhave come forward with to the Council. Councilor McCallum stated that the applicant's representative said it very well in that if there is a problem this one acre will not solve the problem. He also felt that there were some very compelling arguments presented and statistics are always a hard thing depending on the criteria and, as pointed out, sometimes the criteria is self-selected which does concern him. Consultants are beneficial but the Council has to take the information and evaluate it which is part of the process outlined by Councilor Cox. He was also disappointed on comments made about staff since he has always found them helpful and heard from other people their praise in the staffs willingness to help people through this process, 1900 Mayor Figley stated that the criteria developed cited for the Comprehensive Plan amendment and Zone Change were very clear and she did not feel that the criteria had been met. In the case of the Comprehensive Plan amendment, she also felt it was premature since the City has begun the periodic review process and, if the argument is accepted that there is currently enough low and high density residential but will not have enough of either, then it would not persuade her that a change in the planning or growth policy would trigger the change at this particular time on this one acre parcel. She also does not see a need to change the zone at this time other than the applicant would like to have it re-zoned. COX/MCCALLUM... Council deny the application and direct staffto prepare an ordinance setting forth findings and conclusions to support the denial based on the matters that have come before the Council at this meeting and the discussion from the Council. On roll call vote, the motion passed unanimously. 2040 PUBLIC HEARING: RESIDENTIAL ARCHITECTURAL STANDARD SUBSTITUTION 02-02 (Meadowwood Subdivision). Mayor Figley declared the public hearing open at 9: 12 p.m. No declarations were made by the Council on this issue. Recorder Tennant read the land use statement required by ORS Chapter 197. Director Mulder stated that he had approved an application to allow two alternate architectural elements to substitute for not meeting one residential architectural standard Page 11 - Council Meeting Minutes, January 13, 2003 ---,..-.----~-"T ~ _..- 1 ~ r'-- . COUNCIL MEETING MINUTES JANUARY 13, 2003 TAPE READING on December 5, 2002. The Council had elected to call this decision up for review at this meeting. The architectural standard requires a 25-year architectural style roofing. The applicant proposed the following two alternate architectural elements to substitute the required roofing: 1) 8:12 roof pitch which exceeds the minimum 4:12 roof pitch standard; and 2) a 95 square foot covered porch which exceeds the minimum 48 square foot standard. The applicant is proposing to install 3-tab composition roofing on the home which does not meet criteria for architectural style roof with a certified performance of at least 25 years, The home is located at 1084 Comstock Way and this is the final lot for a home to be built upon in this subdivision. The existing homes in this subdivision do not meet the 25 year performance standard and the 3-tab composition roofing is consistent with the existing homes. The Woodburn Development Ordinance has setup four approval criteria to be considered in this type of application. The criteria consideration are as follows: 1) incorporates design elements and materials that reflect a custom design; 2) reflects character of existing housing within the subdivision or within 250 feet of the subj ect property; 3) incorporates materials that in substance and visual appeal are of equal or greater quality; and 4) assures that needed housing is not discouraged through unreasonable cost. Director Mulder reviewed the findings on each criteria which provided the basis for his approval of the application. Councilor McCallum stated that one of the reasons he wanted this application called up for the hearing is to try and understand the application of the criteria and the substitute. He questioned if comparable cost was considered in reducing the quality of the roof as opposed to the larger covered porch and roof pitch. Director Mulder stated that he did not look at cost since the appearance of the structure should be comparable or better than what would have been built by strictly applying the standards. Councilor Cox stated that, after reading the staff report, he had no particular concerns with this application. However, the whole idea of having architectural standards is new in the Development Ordinance and the focus group spent a lot of time trying to determine the minimum standards. The substitution provision was incorporated into the ordinance to take some of the impact away of having strict minimum standards. He does have some concerns as to whether this was the right approach to take or if this provision needs to be amended when the Council looks at proposed amendments to the ordinance later this year. He is also a little concerned about (1) the degree of discretion the Community Development Director has in allowing the substitution and 2) the interpretation of the criteria that the Director is to follow. He questioned if the substitute architectural standards were the bigger porch and the steeper pitch roof or was the substitute standard the type of roof. Page 12 - Council Meeting Minutes, January 13, 2003 _~'_'" .~,..~__,._^.._"_.....~"~~.."".~______,,,_..~.__,.,.~ I r . COUNCIL MEETING MINUTES JANUARY 13, 2003 TAPE READING Director Mulder stated that the bigger porch and steeper pitch roof were the alternatives analyzed in the staff report. 3349 Don Comstock, 12020 SW 11St\ Tigard, stated that construction in Meadowwood began about 5 years ago at which time they had implemented architectural standards from the beginning. Most manufactured homes come with a 3:12 roof pitch, however, all but one in Meadowwood have a 4: 12 roof pitch or better. All but two of the homes have an attached double car garage, They set architectural standards for themselves to make sure that they had a subdivision that would fit within the surrounding areas, The homes were also set on solid concrete foundations and set to the FHA standards. Even though the homes were brought in as manufactured, they are now sitting on the lot as a site built home. When manufactured housing took a turn for the worst, they lost their supplier so they decided to build site-built homes on the remaining lots. The same profile of 4: 12 roof pitch, 3-tab roofing composition (25 year), and lap siding was followed. The new development ordinance standards require an architectural style of roofing. They would like to maintain the architectural designs that they had originally set so that homeowners will feel that they are part of the neighborhood. No one in the audience spoke either for or against the application. 3765 Mayor Figley closed the public hearing at 9:35 p.m.. Mayor Figley thanked Director Mulder and Mr. Comstock since, for the most part, this hearing is taking place not because of anything odd or misguided about the application, but for the reason that the Council is dealing in uncharted territory with an exception to the rules in the development ordinance. For her part, she feels very comfortable with the common sense used by the Community Development Director and by the quality of the design submitted by Mr. Comstock. Councilor Cox stated that when the development ordinance was being drafted, there was a concept agreed upon that the ordinance needed to have, as much as possible, clear and objective standards. The City's basic architectural standards are fairly clear and objective standards but those standards become subjective when substitutions are allowed. He has no quarrel with how this application was handled but is more concerned about future substitution applications. He feels that Director Mulder does not have anything specific to guide him on what substitutions can or should be allowed, therefore, the Director needs to use his common sense when making decisions on these applications. If the Council does not like the decision, then it can be called up for a hearings process. After talking to him and hearing his report at this hearing, he is satisfied that he will do a good job in making decisions on architectural standard substitution applications. He felt that the Council needs to keep on top of this issue for the next year or two to see how it will work out to make sure that it does not become an excuse for a developer to get rid of meeting Page 13 - Council Meeting Minutes, January 13, 2003 ..~~ .~--~"~<--_.............._...~-~~.._."~.,._,..._~..".,--+ ,.. r .. COUNCIL MEETING MINUTES JANUARY 13, 2003 TAPE READING the minimum standards. Councilor McCallum concurred with comments made by Councilor Cox. He felt that developers need to follow the standards as much as possible and the Council needs to pay attention to this process, He feels comfortable with Director Mulder's explanation and appreciated the effort in giving the Council some education on this ordinance provision. Councilor Veliz also agreed with comments made but stated that subjectivity can pose some problems. Developers need to know that standards are to be followed as much as possible rather than their applying for substitutions on a routine basis. Councilor Bjelland stated that it was his understanding that this was an exception and the developer would not be able to come in and swap standards without building a case as to why there should be deviation from the architectural standards. In this case, this is the last lot in the subdivision and the substitution would provide the same type of roof as all of the other homes. The intent for setting architectural standards was to prevent a box with no architectural detail being built in Woodburn. He also recognized that there will be situations that need some type of deviation because of a peculiar situation that exists. It should also be looked at in only rare circumstances that substitutions would be allowed and a periodic report from the Director would keep the Council abreast of how many applications for substitutions are being submitted and/or approved so that the Council can re-visit this ordinance provision if the need arises. Councilor Nichols stated that the City is taking a step in the right direction and there will be changes as time moves forward. 4403 Administrator Brown stated that the standards were selected to create a better looking home and a better constructed home than some built in the past. Staff s application over the last several months has been pretty stringent. One other application had been submitted but had not been approved. The overall goal of the Council is to try and raise the bar and it would be the direction the staff would continue to follow. Staff has a set of criteria that needs to be evaluated before a decision is made on a substitution. Staff has also come to the opinion that the ordinance does not intend that one standard can be bigger so that another standard can be smaller with the two standards balancing out. Each standard needs to evaluated on its own basis. The Council may also want to think about which standards are more important so that staff will not make changes in that standard at all. He anticipates meeting with the Council in the late spring in a workshop setting to discuss this issue along with any other provisions in the development ordinance that may need to reviewed by the Council. 4877 NICHOLSIMCCALLUM... instruct staff to prepare an ordinance to concur with the Community Development Director's decision and approve the residential architectural standard substitution 02-02. On roll call vote, the motion passed unanimously. Councilor Bjelland questioned the need for preparing an ordinance each time this would come up before the Council. City Attorney Shields stated that this Council has acted by special ordinance whereas the Page 14 - Council Meeting Minutes, January 13, 2003 , t V r I COUNCIL MEETING MINUTES JANUARY 13, 2003 TAPE READING Planning Commission acts by final order. In certain types of land use cases, the Council is required to act by ordinance but, in other instances, an order could be adopted in lieu of the ordinance. 5184 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of application (Subdivision 02-05) to subdivide 10.2 acres into 7 lots located at the northwest corner of intersection of Mt. Hood Avenue and Highway 99E (North Park Plaza). No action was taken by the Council on the Planning Commission's decision. B) Planning Commission's approval of application (Subdivision 02-02) to subdivide an approximately 103-acre parcel into 14 lots that range in size from 1.8 to 20.01 acres (Capital Development). No action was taken by the Council on this application approval. 5326 CITY ADMINISTRATOR'S REPORT. A) At the December 9th Council meeting, some discussion was held regarding potential filing ofa LUBA appeal relating to the County's Growth Management project. On December 20, 2002, the City did file Notice ofIntent to appeal to LUBA After reviewing the Notice of Decision from Marion County Commissioners, it became known that it was being handled as a periodic review task so the appropriate methodology for protesting a periodic review work task is to file an objection with the Director of the Dept. of Land Conservation & Development (DLCD), Staff believes that there are issues that go beyond the periodic review process which is why both the appeal and objection were filed. The objection was filed on December 26,2002. Staff has had contact with the Director's office to try and set a meeting date which would include the cities of Stayton, Silverton and Woodburn in order to talk to the Director about the cities' concerns and hopefully get a decision from the Director on the objection. The Director could choose to forward the objection to the Land Conservation Development Commission in which case staff would be going to a Commission meeting to argue the decision as late as July 2003 since the Commission meets at various locations around the State, B) In November 2002, consideration of the tree ordinance was moved to the second regular meeting in January 2003. He believes that there are some internal issues that need to be resolved before it is set for a public hearing. Therefore, the hearing will not be held on January 27th but it will be held once the additional work on the draft ordinance has been completed by staff. Page 15 - Council Meeting Minutes, January 13, 2003 , , t " . COUNCIL MEETING MINUTES JANUARY 13, 2003 TAPE READING 5659 MAYOR AND <;OUNCIL REPORTS. Councilor McCallum stated that the Woodburn Fire District had a very successful bond sale following pa$sage of their bond levy in November. The District is looking at new equipment and are starting to look at the process of remodeling of the main station. He also congratulated City Attorney Shields on his election as Chair of the Government Law Section of the Oregon State Bar. Councilor Bjelland stated that he had been elected as Vice-Chair of the Mid-Willamette Area Commission on Transportation (MW ACT). Hopefully, he will be able to take a more active role on the Commission in pursuing Woodburn's interest on transportation issues. Additionally, he stated that Governor Kulongoski has put transportation as a fairly high item on his agenda of issues to be addressed in Oregon. He also stated that MW ACT had identified the Newberg-Dundee bypass and the Woodburn interchange projects to be put up for federal earmarking of project funds. Region II accepted the projects and recommended the projects to ODOT. Senior staff members ofODOT will soon be making a final decision as to which projects they will be recommending to the Oregon Transportation Commission meeting scheduled for January 15th. In his discussions with ODOT staff, they did not think either one of the MW ACT projects would get the final recommendation due to the limited amount of monies that might be available. He suggested that it make take involvement of Congressional Representative Hooley and Senator Courtney to put pressure on the decision makers so that the Woodburn transportation interests involving the interchange does not become forgotten. Lastly, he asked the Mayor to designate an MW ACT alternate in case he is unable to attend an MW ACT meeting. Mayor Figley requested that Councilors interested in being appointed to let her know and she will make an appointment at the next meeting, Mayor Figley stated that the City's website is being upgraded since it is a valuable source of information to the interested members of the public. She stated that all of the Councilors have e-mail boxes with the City and all are linked to the City's website. She has put her biographical information and her Welcome on the webpage, with a shortened version of her State ofthe City Address soon to be placed on the webpage. She requested that the Councilors write a short biography on themselves and submit the biography along with any other information to be posted to Administrator Brown or Matt Smith. She would like to see a City web site in which people can effectively use the website as a means of communication and in getting information. Page 16 - Council Meeting Minutes, January 13, 2003 .... ... r I COUNCIL MEETING MINUTES JANUARY 13, 2003 TAPE READING Tape 3 0010 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session to 1) consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660(1 )(h); and 2) to consider records that are exempt by law from public inspection pursuant to ORS 192.660(l)(t). MCCALLUM/SIFUENTEZ... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 10:08 p.m. and reconvened at 10:45 p.m.. 0050 Mayor Figley stated that no decisions were made by the Council during executive session. NICHOLS/SIFUENTEZ.... meeting be adjourned, The motion passed unanimously. The meeting adjourned at 10:46 p.m.. ATTEST Mary Te ant, Recorder City of Woodburn, Oregon Page 17 - Council Meeting Minutes, January 13, 2003 1 f r I