Loading...
Minutes - 09/27/1999 COUNCIL MEETING MINUTES SEPTEMBER 27, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 27,1999. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0007 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley Kilmurray Pugh Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Senior Planner Maulder, Park & Recreation Director Westrick, Police Chief Null, Finance Director Gillespie, Public Works Manager Rohman, City Recorder Tennant Mayor Jennings stated that the City's interim attorney has advised him to use the same public hearing procedure for the proposed street vacation hearing that he would normally use in a land use hearing. 0050 ANNOUNCEMENTS. A) Settlemier Park Activity Center Open House - scheduled for Tuesday, September 28, 1999, at 7:00 p.m.. The Activity Center is located at the east end of the parking lot off of Settlemier A venue. B) Continuation of Public Hearing - Stein Oil Co. - hearing will be continued on October II, 1999 at 7:00 p.m.. It was noted that Stein Oil Co. has withdrawn their application, however, the hearing will still need to be opened then officially closed. C) Public Hearing on Park & Recreation Plan Update - scheduled for October II, 1999 at 7:00 p.m. in the Council Chambers. D) Community Beautification Awareness and Downtown Tree Planting has been scheduled for Saturday, October 23. 1999. E) Public Hearing: The City Council will hold a public hearing on a proposal to annex 1.32 acres of property located on the north side of Aztec Drive east of Highway 99E on Monday. October 25, 1999,7:00 p.m., in the City Hall Council Chambers. F) Public Hearing: The City Council will hold a public hearing on a proposal to annex 3.32 acres of property located west of Boones Ferry Rd. and south of Country Club Rd on Monday, October 25, 1999,7:00 p.m., in the City Hall Council Chambers. Page I - Council Meeting Minutes, September 27, 1999 ---_. ."'--,.'.---.._......_.~_.~...._.~-_.~' '-'*-"'-"'-"~~ .".~_.-~-,._---~_._-- ~ ._.,~ COUNCIL MEETING MINUTES SEPTEMBER 27, 1999 TAPE READING 0094 COMMUNICATIONS. A) Letter from US West concerning Local Calling Area expansion: It was noted that Woodburn area customers have recently received a letter from US West announcing the expansion of our local calling area to include the Portland/metro area. It was also noted that with this expansion, telephone rates will increase for residents and businesses effective October 2, 1999. Residents interested in other options such as measured service are to call the US West business office. 0139 B) Letter requesting connection to the City's sewer system: A request was submitted by Louis & Rhonda Nauta, 2374 N. Boones Ferry Rd., to connect to the City's sewer system since the construction activity around there property has caused the septic system to not work properly. It was the consensus of the Council that they would like to discuss this request, therefore, staff will bring back a report at the next regular meeting. 0160 Frank Connorton, 1427 Ten Oaks Lane, requested that an ordinance be passed to prohibit parking on both sides of Ten Oaks Lane. He stated that the city bus recently had a difficult time driving between two cars parked in that area. Additionally, there is a blind spot near the intersection of Ten Oaks Lane and Senecal Creek and he requested that the property owner be required to clean up the area. He also stated that the City has disposed debris on the opposite side of the street from where he lives and, when he tried to mow the area to make it more attractive, he ruined his tire which cost him $15 to replace. Councilor Pugh stated that he did not think that the roadway was that much less than the standard street width. He suggested that he meet with Mr. Connorton to discuss his concerns. Mick DeSantis, 173 McLaughlin, questioned the Council as to why they have not made required improvements to Parr Road now that the first phase of Centennial Park is completed and the park is being used by the public for soccer games which generates a lot of vehicular traffic. He stated that private developers are required to make all improvements prior to receiving occupancy permits plus have ample parking for their business. In this case, Centennial Park has inadequate parking spaces available for their events and Hazel Smith's field was used as a parking lot by numerous motorists. He was upset that people were parking in the field that had an existing crop on it which was leased to a local farmer. Additionally, there was a lot of trash left in the field and he stated that the City should take some action so that this will not happen in the future. In his opinion, the City should be abiding by the same standards that are expected of everyone else in the private industry. Page 2 - Council Meeting Minutes, September 27, 1999 COUNCIL MEETING MINUTES SEPTEMBER 27, 1999 TAPE READING Norris Seaton, 1742 Boones Ferry Rd., stated that the contractors have been digging up Boones Ferry Road and not putting it back to the same manner as which they found it. It is now a very bumpy road from the Ambulance Service Company to the end of the Tukwila development. He suggested that the City request the developers to put the roadway back to the original condition and, if they refuse, place a sanction on the contractor until such time as they complete the work. Public Works Director Tiwari stated that there is a lot of construction activity going on in that area at this time. The City has recently installed a sewer line and the ditch may be settling at some locations. Next year, the plans are to widen Boones Ferry Road and the City wanted to make sure that all infrastructure is done in advance. Staff will make sure that the contractors are fulfilling their contract and, if necessary, the roadway will be smoothed out. He reminded the Council that the roadway will not be as smooth as it was prior to the construction. He also stated that next year's project will be an assessment project with some contribution by the City. As projects and annexations have taken place over the last few years, property owners have signed letters stating that they will not be remonstrating against improvement projects benefitting their property. In regards to the Parr Road improvement. Director Tiwari stated that Parr Road had a similar kind of exception given to the City and they will be participating in any future Parr Road improvement. 0487 CONSENT AGENDA. A) City Council regular and executive session minutes of September 13, 1999; B) Park Board minutes of September 14, 1999; C) Planning Commission draft minutes of September 9, 1999; D) Library Board minutes of September 8, 1999; and E) Goose Creek Project status report. FIGLEY/PUGH... consent agenda be adopted as presented. The motion passed unanimously. 0505 PUBLIC HEARING: EVERGREEN ROAD STREET RIGHT-OF-WAY VACATION. Mayor Jennings declared the public hearing open at 7:20 p.m.. Based upon the advice of the City's interim legal counsel, Recorder Tennant read the land use statement required under ORS Chapter 197. Mayor Jennings stated that he would be limiting the testimony to 3 minutes for each individual who wished to speak on this issue. Councilor Figley stated that she had spoken, either in person or over the telephone, with a majority of the affected property owners and feels that she can act impartially in this hearing. Mayor Jennings stated that, even though he does not vote unless there is a tie vote, he has Page 3 - Council Meeting Minutes, September 27, 1999 - ,- COUNCIL MEETING MINUTES SEPTEMBER 27, 1999 TAPE READING spoken to a number of people in the affected area on this issue. 0665 Administrator Brown presented the staff report which summarized the facts surrounding the proposed street right-of-way vacation located at the south end of the existing paved portion of Evergreen Road which runs parallel to the west of Columbia Drive. The right- of-way was deeded to the City in 1966 and is undeveloped at the present time and is zoned residential single family. The proposal is to vacate 30 feet of the property to the abutting residents on Columbia Drive, 20 feet to the developer of Montebello subdivision (Capital Development Co.), and to retain 50 feet in the center for providing a pedistrian path, bicylce path, and golf cart path. Public notices were published, sent to affected property owners, and posted at each end of the right-of-way as required by state statute. He reminded the Council that if more than 50% of the affected property owners objected to the proposal, then the Council would not be able to vacate the property. In regards to the property, staff does not see a transportation need for the portion of the right-of-way and no substantial impact on the market value of any abutting property is anticipated. He briefly reviewed the four main concerns of property owners: 1) Will the vacation create two lots or two deeds? No, the property vacated will be incorporated into the property owner's current deed. 2) Will property taxes increase? County Assessor's office has indicated that the tax liability, if any, would be minimal. 3) Who is responsible for fencing the boundary of Columbia Drive resident's lots? The property owners would be responsible for any fencing they would like to install unless the Council directs otherwise. 4) Who is responsible for any necessary surveying and associated costs? Staff is proposing that the City will conduct a limited survey to establish enough property lines so that it can be recorded and made official with the County. He reminded the Council that there is nothing in the City's 6-year Capital Improvements Plan (CIP) addressing the issue of this particular piece of property or any improvement to be made the property. The estimated cost for the limited survey is $1,000. As of this date, there were 4 letters received from property owners in support of the vacation (245 Columbia, 287 Columbia, 309 Columbia, and 487 Columbia) and no letters in opposition. 0900 William Blaumer, 309 Columbia Drive, thanked the Mayor and Councilor Figley for taking the time to talk to the property owners for the purpose of soliciting opinions on the street right-of-way. In his opinion, the proposal to vacate 30 feet would give the property owners a nice buffer between their homes and the future pedestrianlbikeway paths between the two developments. Don Bear, 375 S. Columbia Drive, also spoke in favor of the proposal as recommended by staff. He stated that he was glad this issue was coming to a conclusion and he feels that all of the major questions asked have been answered. He also thanked the Mayor, Page 4 - Council Meeting Minutes, September 27, 1999 .._..__....__.....,....u._. - . -.....,. COUNCIL MEETING MINUTES SEPTEMBER 27, 1999 TAPE READING Councilor Figley, and Administrator Brown who was very helpful in obtaining answers concerning this issue. Anne McCully, 597 Columbia, also spoke in favor of the City's proposal to vacate the 30 feet of Evergreen Road right-of-way to abutting residents on Columbia Drive. She also submitted into the record the positive responses of 30 of the 35 residents on the west side of Columbia Drive. She also expressed her appreciation for the Council's work in bringing this issue to a close. 1065 Hazel Smith, 105 Ben Brown Lane, stated that she objected to the retention of the 50 foot right-of-way by the City. In her opinion, the right-of-way should be split equally between the property owners on Columbia (east side) and the developer on the west side of the right-of-way. She stated that the planning should be focused on the Evergreen Road extension for the purpose of providing adequate pathways for pedestrian, bicyclists, and golf carts. Karen Brodeser, 685 S Columbia Drive, thanked Administrator Brown in obtaining answers to questions they had on this issue and Councilor Figley for her visit with them. She stated that she was not necessarily objecting to the proposal but still have serious concerns on maintenance of the additional property, safety, security, and access to the walkway. Administrator Brown stated that the homeowners would be able to install gates for access to the walkway. Mick DeSantis, 173 McLaughlin Drive, stated that he opposed the City's retention of a 50 foot strip since the City does not maintain all of the land that it currently owns. In his opinion, there should be a reason for retaining the property and, if the need arises for a bikeway or path, the City should give the developer extra land for that purpose and require the developer to install the bikeway on the road rather than in homeowners backyards. He suggested that the Council try to keep the community looking like something the residents can be proud of rather than retaining property that is not taken care of. Mayor Jennings declared the public hearing closed at 7:45 p.m.. Councilor Figley stated that she is supportive of the proposal based on her discussions with many of the affected property owners. She is concerned, however, with privacy and security concerns that were expressed by the property owners. She suggested that landscaping along the right-of-way should be discussed within the next two years. She reminded the public that the long range park and city transportation plans call for alternatives to the automobile by installing more bicycle and pedestrian paths. In her opinion, the City would be remiss in giving up the full 2500 feet of right-of-way that will Page 5 - Council Meeting Minutes, September 27, 1999 COUNCIL MEETING MINUTES SEPTEMBER 27, 1999 TAPE READING eventually provide a pathway for future connection to other pathways that will be constructed. It was reiterated that there is nothing within the City's Capital hnprovement Plan to make any improvements to the right-of-way for the next 5 years. Councilor Kilmurray expressed her opinion that the proposal is a win-win situation for all affected parties, however, she did hope that the City would revisit the Capital Improvement Plan and look at paving the pathway and, if possible, some type of partnership with the Columbia Drive property owners with fencing. Councilor Bjelland stated that legitimate concerns have been raised about maintenance of the 50 foot right-of-way. He also felt that there is a need for this type of facility, especially a golf cart path, in light of the change in law which may restrict the travel of golf carts on street right-of-ways. In his opinion, it is unfortunate that Montebello has already received approval since there could have been the possibility of incorporating some different conditions onto the developer. Since the City cannot go back to the developer and change conditions, this is probably the best solution under the circumstance. Mayor Jennings stated that the Transportation Plan does include a series of golf cart paths and bike paths that would go east to Highway 99E without ever having to go on a public street. A recent ruling from the State may take away our local resident's ability to use golf carts on the public street, therefore, the golf cart paths and bike paths is an alternative plan that will benefit the citizens of our community. Councilor Pugh suggested that the residents look at the 50 foot right-of-way as an opportunity to be creative in the future and he is in support of the 30/50/20 foot distribution. FIGLEY /PUGH... instruct staff to prepare an ordinance to vacate a portion of the street right-of-way of Evergreen Road with the following conditions: a) Vacate 30 feet of the property to the abutting residents on Columbia Drive not located near West Hayes Street; b) Vacate 20 feet to the developer of the Montebello subdivision not located near West Hayes Street; c) Retain 50 feet for public transportation purposes and for City infrastructure needs; and d) Retain up to 74 feet ofthe street right-of-way at the north end of the area to be vacated for the Evergreen Road extension per map attached as an Exhibit to the staff memo. On roll call vote, the motion passed unanimously. Administrator Brown stated that it is his understanding that the City will do a minimal survey that is needed to establish enough property lines for purpose of recording, and staff is to put together a budget proposal for this coming budget season to talk about landscaping in this area. Page 6 - Council Meeting Minutes, September 27, 1999 t-..-. --'-.....,....---... . -_..~-~~.".-,.~._..,,_.~_._.,....,--'~".__.~- 11 , COUNCIL MEETING MINUTES SEPTEMBER 27, 1999 TAPE READING 1776 COUNCIL BILL 1995 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE DEPT. OF TRANSPORTATION FOR A TRAFFIC LAW AND SAFETY BELT ENFORCEMENT PROGRAM. Council Bill 1995 was introduced by Councilor Chadwick. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1995 duly passed. 1820 REOUEST TO INSTALL "NO PARKING" SIGNS ON SECTION OF YOUNG ST. Staff recommended that "No Parking" signs be installed on Young Street in the vicinity of 669 Young Street for the purpose of increasing motorists visibility and safety when exiting the Heritage Arms apartments. BJELLAND/SIFUENTEZ... Council approve the installation of "No Parking" signs on Young Street in the vicinity of Heritage Arms Apartments at 669 Young Street. Mayor Jennings stated that he agreed with staff that the area under discussion is a definite blind spot for motorists. The motion passed unanimously. 1865 ACCEPTANCE OF UTILITY EASEMENTS BETWEEN JANSEN WAY AND THE PROPERTY TO THE SOUTH THAT FRONTS VANDERBECK LANE. Staff recommended the acceptance of the easements from Maurice Buxton and Walter and Betty Snidow Trust for the purpose of installing a gravity sewer which will allow for the abandonment of the Jansen Way pump station. Councilor Figley stated that there is an error in the Snidow Trust easement, second line under the Permanent Utility Easement caption, in that the 9.95 needs to include a type of measurement such as feet or rods. FIGLEY/PUGH... easements be accepted with the amendment to the Snidow Trust easement. The motion passed unanimously. 1908 BID A WARD - UTILITY VEHICLE FOR W ASTEW A TER DIVISION. Bids for a utility vehicle to be used for maintenance operations in the poplar tree plantation were received from the following vendors: Salem Farm & Garden, $10,616.00; Lenon Implement, $10,627.67; Ernst Hardware, $10,785.00; and Fisher Implement, $11,093.00. Staff recommended the acceptance of the low bid submitted by Salem Farm & Garden. FIGLEY/SIFUENTEZ... award the contract for the purchase of a utility vehicle to Salem Farm & Garden, the low bidder, for $10,616.00. The motion passed unanimously. Page 7 - Council Meeting Minutes, September 27, 1999 _.__ .._....__........,......~____. ..~._m. __. __..__ __..~_.H._~'~'..._,~._.__,___,__ - COUNCIL MEETING MINUTES SEPTEMBER 27, 1999 TAPE READING 1925 The Council recessed their meeting at 8:03 p.m. for the purpose of holding a Council workshop on the master fee schedule. Administrator Brown stated that the Council had adopted a master fee schedule about a year ago and staff has reviewed the schedule and provided the Council with suggested changes to the schedule which include new fees or charges and cost of living adjustments. He briefly reviewed the layout of the schedule which was included in the agenda packet. Mayor Jennings questioned if the liquor license fees would extend to allowing liquor in the City parks. Chief Null stated that the special liquor licenses would be held at facilities other than the City parks or Community Center. The current ordinance calls for all fees to be reviewed on an annual basis and it has been about 13 months since the Council last reviewed the fees. Discussion was held regarding the recovery of 100% of the costs versus some fees being charged in excess of 100%. It was noted that certain fees cannot be in excess of 100% such as system development charges. Councilor Bjelland suggested that some of the fees be rounded up to whole dollar amounts since the fees are estimated and the margin of error could go either direction. Administrator Brown stated that he would have the City Attorney review the fee schedule to make sure which fees are limited to the 100% recovery. Preston Tack questioned the per page cost to the public for documents copied by staff. This fee is shown under the Finance Department area and it will be clarified before the fee schedule is adopted. Presently, there is a flat administrative charge plus a cost per page. The proposed schedule would charge an hourly rate calculated to the nearest 1/1 Oth of an hour and no additional costs per page copied. Brief discussion was held regarding the Planning fees and how those fees fit into the current budget projections. Senior Planner Maulder stated that, based on 1998 applications, the City would have received around $54,000 whereas the fees collected on those same applications based on the new numbers would generate around $100,000. Mayor Jennings stated that he was glad to see that the proposed fee schedule would make the Planning department more self-supporting. At 8:21 p.m., the workshop was closed and the Council reconvened to their regular meeting. 2726 SITE PLAN ACTIONS. A) Subdivision #99-02, Variance #99-09: Oakwood Subdivision (1.8 acres located near Parr Road and Luba Street). Mayor Jennings stated that he had some concerns regarding this application and would like to see it brought before the Council. Page 8 - Council Meeting Minutes, September 27, 1999 - COUNCIL MEETING MINUTES SEPTEMBER 27, 1999 TAPE READING FIGLEYIKILMURRA Y... call up Subdivision #99-02 and Variance #99-09 for a public hearing. The motion passed unanimously. B) Site Plan Review #99-19: Expansion of existing parking lot located at 1175 Mt. Hood Avenue (Salud Medical Clinic). No action was taken by the Council on this land use application. 2864 CITY ADMINISTRATOR'S REPORT. A) Long Term Disability and Life Insurance Coverage: Following receipt of proposals from three insurance companies, staff is proposing a change in our LTD and Life Insurance coverage from Ohio National Financial Services to Regence Life & Health. The cost savings will be approximately $1, I 04.11 per month. It was the consensus of the Council to authorize staff to proceed with signing the applicable coverage agreements with Regence Life & Health. B) Administrator Brown stated that he has been attending, and volunteering, at the ICMA National Conference being held in Portland. As a volunteer, he is able to attend the conference at a reduced conference rate. He briefly informed the Council that there is a growing emphasis on SMART Development, and there have been a number of seminars and workshops at this conference on building sustainable communities. He also summarized some of the other programs being discussed at the conference which may be of benefit to the City. Tape 2 0001 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez stated that she had received a letter from the Dan Gildea & Karin Kayfes, 875 Corby Street, regarding the placement of a fence in the right-of-way. Staff will look into this issue and report back to the Council. She also expressed concern regarding the parking situation at Centennial Park. Director Westrick stated that they did have staff directing the parking last weekend and his department will continue to make improvements to the parking situation. He reminded the public that there is a pathway between the Valor School parking lot and Centennial Park which eliminates the need to walk along Parr Road to get to the entrance of Centennial Park. He stated that there is a need for additional parking and the street improvement, however, this is the first year families have been able to use the park and the park patrons are just getting used to how the facility is laid out. He stated that there is an overflow parking area in the park, however. it is not paved and motorists tend to park on paved areas or close to where the game is being held. Staff will be looking into the installation of "No Parking" signs along Parr Road and will be taking applicable measures to keep cars off of private property. Page 9 - Council Meeting Minutes, September 27, 1999 ,__....'...,...._._. .<_._._.,.,_._, __.__."_._.____A__...._.,..,_~._."...,_..__ " COUNCIL MEETING MINUTES SEPTEMBER 27, 1999 TAPE READING Councilor Kilmurray stated that she was at the park last Saturday and she did observe the traffic flow, cars speeding in and out of the facility, and cars parked in the farmer's fields. Additionally, there were cones at various locations and motorists would get out and move the cones in order to park. She also stated that numerous people left garbage laying on the ground and she questioned if signs could be placed to remind the public not to litter. Public Works Director Tiwari stated that staff will either take action to have "No Parking" in that area or to contact the County and see if they would agree installing "No Parking" signs along that stretch of Parr Road that may be in the County. SIFUENTEZlFIGLEY... get appropriate "No Parking" signs in reference to the Centennial Park situation. The motion passed unanimously. Councilor Figley commented on the letter from the Corby Street residents and she suggested that staff look at a revocable permit process. Administrator Brown stated that he will try to respond back to the Council by the next meeting. Councilor Chadwick stated that she had received a call from a resident regarding the 3'. StreetlYew Street area. According to the caller, it was a dangerous comer with stop signs, the street is gravel which creates dust, motorists drive fast, and during the rainy season the water stands on Yew Street and the caller felt that the safety of children is also at risk. The caller also expressed concern regarding the congestion on 3'. Street on Sunday created by St. Luke's Church and suggested that parking only be allowed on one side of the street. Councilor Chadwick also brought to the Council's attention an article in the Senior News & Views which eluded to the potential placement of $45,000 of playground equipment in Senior Estates Park in addition to $75,000 towards park improvements. Councilor Pugh stated that he had also received a number of calls on this issue and he suggested that staff exercise caution when talking to the press since the facts can be interpreted differently. Administrator Brown stated that when contacted by the press, the staff goes the extra mile to explain to the best of their ability and they have no control over what is actually printed in the paper. 0562 Councilor Figley stated that she had attended the lecture at City Hall last Saturday presented by two scientists regarding early human beings in the Mid-Willamette Valley with some reference to the work being done at Front Street park and at the High School archeological site. She stated that they have determined that people were in Woodburn for at least 12,700 years. Page 10 - Council Meeting Minutes, September 27, 1999 .,......... " COUNCIL MEETING MINUTES SEPTEMBER 27, 1999 TAPE READING Mayor Jennings stated that he was in Central Oregon last weekend and reported that traffic problems are not unique to Woodburn He also requested that the Planning Commission minutes be looked at closer before they are finalized since he finds numerous spelling errors that should be corrected. 0657 ADJOURNMENT. FIGLEYIPUGH... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:55 pm. APPROVED RICHARD JENN ATTEST /1~~ Mary Ten nt, Recorder City of Woodburn, Oregon Page II - Council Meeting Minutes, September 27, 1999 ._.,".._w ""'~-"~~' '._'.~r-~""------- .......-.--.__".___ ..