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Minutes - 08/23/1999 COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 23,1999. 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 (7:30 pm) Present Present Present Absent Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park & Recreation Director Westrick, Police Chief Null, Finance Director Gillespie, Public Works Manager Rohman, City Recorder Tennant 0033 Mayor Jennings stated that Stein Oil had submitted a letter to the City waiving the 120- day rule in Site Plan Review #99-05 and requesting an extension of the public hearing on this case. Attorney Shields stated that the hearing had been publicized, therefore, it should be opened and then continued by the Council. Otherwise, the hearing would need to be re-noticed and published in the appropriate newspapers. 0030 ANNOUNCEMENTS. A) Buildable Lands Committee: This meeting will be held on August 30, 1999,7:00 pm, in the City Hall Council Chambers. B) Informational Public Hearing concerning the formation of a reimbursement district: This informational hearing will be held before the City Council on September 13, 1999,7:00 pm, in the City Hall Council Chambers. C) Library Board Meetings: The Board meetings have been changed to the 2nd Wednesday of each month,12:00 noon, in the Woodburn Public Library. D) Woodburn Public Library Hours: Effective September 13,1999, the new hours are as follows: Monday through Thursday 10:00 am to 8:00 pm Friday and Saturday 10:00 am to 5:00 pm Sunday 10:00 am to 5:00 pm Page I - Council Meeting Minutes, August 23, 1999 .-" .- - '.--r-.' -.. -- - - COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING E) "Music in the Park" Series: This Library program will conclude with a program on Wednesday, August 25th, 7:00 pm in Library Park, featuring the Oregon Trail Pitchpipers and the Sweet AdeIines. 0096 APPOINTMENTS - LIVABILITY TASK FORCE. Mayor Jennings appointed the following individuals to the Livability Task Force: Vicki Bellum, Lisa Ellsworth, Betty Guzman, and William Kinman. FIGLEYIBJELLAND.... approve the appointments to the Livability Task Force. The motion passed unanimously. Mayor Jennings stated that he is still working on obtaining names of individuals who are interested in serving on the Water Master Plan committee and reside in Wards IV and VI. 0139 GRAND OPENING: NUEVO AMANECER. PHASE II. Mayor Jennings stated that he would not be able to attend this function, however, Council President Figley has agreed to attend and make a short speech on behalf of the City. He encouraged the Councilors to attend this event. 0175 CONSENT AGENDA. A) Approval of Council meeting minutes of July 26,1999, and the regular and executive session minutes of August 9, 1999; B) Review of the Woodburn Library minutes of July 28, 1999 and draft minutes of August 11, 1999; C) Review of draft Planning Commission minutes of August 12, 1999; D) Review of draft Recreation and Park Board minutes of August 12, 1999; E) Approval of accounts payable check listing for July 1999; and F) Status report on the Goose Creek Storm Drain project. FIGLEY/PUGH... adopt the consent agenda as presented. The motion passed unanimously. 0192 COUNCIL BILL 1983 - ORDINANCE PROVIDING FOR CROSS CONNECTION CONTROL AND BACKFLOW PREVENTION PROCEDURES. Council Bill 1983 was introduced by Councilor Figley. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bilI passed unanimously. Mayor Jennings declared Council Bill 1983 duly passed with the emergency clause. Page 2 - Council Meeting Minutes, August 23, 1999 .,,~._. -~. '--"',"'-,'. ,.....~..,._,.~~---.. ---.,.--_.,.~~--_._~_._- COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING 0230 COUNCIL BILL 1984 - RESOLUTION ENTERING INTO AN AGREEMENT WITH SALEM AREA TRANSIT DISTRICT TO SECURE FUNDS FOR 1999- 2000 DlAL-A-RIDE OPERATING ASSISTANCE. Council Bill 1984 was introduced by Councilor Figley. 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 1984 duly passed. 0253 COUNCIL BILL 1985 - RESOLUTION DECLARING THE CITY OF WOODBURN'S GOOD FAITH EFFORTS TO A VOID YEAR 2000 FAILURES PURSUANT TO THE PROVISIONS OF OREGON SENATE BILL 268. Councilor Figley introduced Council BilI 1985. Recorder Tennant read the bill by title onl y since there were no objections from the Council. On rolI calI vote for final passage, Council Bill 1985 passed unanimously. Mayor Jennings declared the bill duly passed. 0277 COUNCIL BILL 1986 - RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND MARION COUNTY CONCERNING MALL 99 JUSTICE FACILITY. Council Bill 1986 was introduced by Councilor Figley. The bill was read by title only since there were no objections from the Council. On rolI calI vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1986 duly passed. 0298 COUNCIL BILL 1987 - RESOLUTION ENTERING INTO A PROFESSIONAL SERVICES AGREEMENT WITH RLM CONSULTING SERVICES FOR BUILDING INSPECTION SERVICES. Council Bill 1987 was introduced by Councilor Figley. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Bjelland questioned as to why the agreement calIs for a compensation increase from 60% to 70% of applicable building permit fees. Administrator Brown stated that one of the City's concerns is maintaining an adequate staffing level to effectively serve our community and enforce our city code requirements. The agreement also maintains the same hourly compensation rate of $40 which will cover costs for services that are outside of the scope of basic services. Currently, there is a high volume of building activity going on within the City and the staffing level needs to be maintained to keep up with the demand for inspection services. He reminded the Council that the City is required to spend 100% of the building permit fees colIected on either the actual inspection, plan check, or administrative activities that are related to that program. On rolI calI vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1987 duly passed. Page 3 - Council Meeting Minutes, August 23, 1999 .,.. ,..- ...,....-...'....--... -''-''''-'--- .,~---~_. .. COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING 0430 STAFF REPORT: V ACA TION OF STREET RIGHT -OF-WAY (100 FOOT STRIP BEHIND COLUMBIA WAY. Administrator Brown briefly summarized his memorandum regarding the issue of the 100' strip of right-of-way originally dedicated to the City for Evergreen Drive. This right- of-way became a discussion item during the Montebello Subdivision site plan review. Meetings with the property owners and developer had been held previously but no consensus had been reached as to how much, if any, of the property should be vacated. He stated that the staff is recommending that 50' of the right-of-way be retained by the City for bike paths, golf cart paths, and walking paths as identified in the City's Transportation Plan. The remaining 50' of right-of-way be vacated to abutting property owners with 30' to the property owners along Columbia Way and 20' to the developer of the MontebelIo subdivision (Capital Development). If the vacation of property is desired by the Council, staff will proceed to schedule a public hearing so that this matter can be finalized. Councilor Pugh thanked Councilor Figley and Mayor Jennings for their work in meeting with the residents on this issue. In his opinion, the 30/50/20 foot split is an acceptable distribution of the property. Councilor Kilmurray and Bjelland also agreed with the staff recommendation. Mayor Jennings stated that this item is on the agenda for the purpose of giving staff guidance on how to proceed with this right-of-way issue. He reminded the audience that a public hearing will be scheduled and testimony on this issue will be taken at that time. Since this vacation process is based on the Council's own initiative, staff will proceed with the vacation process. 0632 REOUEST FOR SOUND AMPLIFICATION PERMIT: FARMWORKER HOUSING DEVELOPMENT CORPORATION (FHDC). A request was submitted by FHDC for permission to use sound amplification equipment on Sunday, August 29, 1999, between the hours of 2:00 pm and 5:30 pm during their grand opening event of Nuevo Amanecer Phase II which is a 40-unit addition to their farmworker housing development. Staff recommended that the request be approved. BJELLAND/KILMURRA Y.... approve a sound amplification permit for FHDC on August 29, 1999, for the hours of 2:00 pm to 5:30 pm. The motion passed unanimously. 0645 REOUEST FOR SOUND AMPLIFICATION PERMIT: WOODBURN CROSSING SHOPPING CENTER. A request was submitted by Brice Investment Realty, Inc., for permission to use sound amplification equipment for the Woodburn Crossing Shopping Center's summer concert event scheduled for Wednesday, September 15th, from 5:00 pm to 7:00 pm. A Portland area blues/R&B group will be playing on stage in the courtyard of the shopping center and this event is free to the public. Staff recommended that the permit be approved. Page 4 - Council Meeting Minutes, August 23, 1999 'f 1T . COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING FIGLEY/KILMURRA Y... approve a sound amplification permit for Woodburn Crossing Shopping Center on Wednesday, September 15t\ from 5:00 pm to 7:00 pm.. The motion passed unanimously. 0675 REOUEST FOR SOUND AMPLIFICATION PERMIT: ST. LUKE'S CHURCH. A request for a sound amplification permit was submitted by Thomas Maravilla on behalf of St. Luke's Church for the purpose of conducting an outdoor religious service and other festive activities in conjunction with their celebration of 100 years as a parish. Staff recommended that the permit be approved. KILMURRA Y/PUGH... approve the sound amplification permit for St. Luke's Church on August 29,1999 for the hours of 9:00 am to 3:00 pm. The motion passed unanimously. 0684 REOUEST FOR SOUND AMPLIFICATION PERMIT: WOODBURN DOWNTOWN ASSOCIATION (WDA). A request for a sound amplification permit was submitted by Beverly Koutny on behalf of the WDA for an outdoor musical performance in Library Park on August 3 I" from 7:00 pm to 8:30 pm.. Staff recommended that the permit be approved. FIGLEY/PUGH... approve a sound amplification permit for Woodburn Downtown Association for Tuesday, August 31,1999, from 7:00 pm to 8:30 pm. The motion passed unanimously. 0701 CONTINUATION OF PUBLIC HEARING: COMPREHENSIVE PLAN GROWTH MANAGEMENT AND ANNEXATION GOALS AND POLICIES. Administrator Brown stated that the Council had previously directed staff to develop some annexation policies and draft policies and goals were submitted to the Planning Commission for their review and approval. The public hearing before the Council on this date relates to the amendment of the Comprehensive Plan with respect to including those policies and goals. He reminded the Council that this is only the policies portion of the process with the actual legislation as to how the policies will be delivered included in the Woodburn Zoning Ordinance amendment. Additionally, the recommendations of the Growth Management Task Force will be built into a further amendment of the Comprehensive Plan in respect to how the City addresses the amounts of land available that are necessary for residential, commercial, and industrial growth. These phases will be brought before the Council over the next several months. City Attorney Shields reminded the Mayor that this is a continuation of the public hearing from June 14, 1999. Mayor Jennings declared the continuation of the public hearing open at 7:27 p.m.. There were no declarations made by the Mayor or Councilors. Community Development Director Goeckritz stated that the purpose of re-eva1uating Page 5 - Council Meeting Minutes, August 23, 1999 " .. -M--......-...T-'-.<" .._.-- --.....-.~._-,~"..-.....~. --,,~'-'- .__M. 1!r COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING growth policies is to manage growth within our community over the next 20 years. He reviewed the primary objectives which included 1) refocus the City's process, 2) establish goals and policies to control the rate of residential growth, 3) establish criteria on prioritizing land to be annexed, and 4) provide for orderly transition of rural land to urban uses. For the record, Mayor Jennings stated that Councilor Chadwick is now present at this meeting (7:28 p.m.). Director Goeckritz stated that there is currently approximately 444 acres of residential land that can be developed outside of the city limits but within the Urban Growth Boundary. This amount of acreage, coupled with vacant residential zoned land within the current city limits, could increase the population more than what is projected in the plan thereby creating other problems associated with infrastructure expansion and improvements and meeting other community needs. He stated that the draft document was developed based on participation from the Planning Commission and the Dept. of Land Conservation & Development. He brought to the Council's attention Annexation Policy D- I -1 which, based on the original Planning Commission recommendation, would allow for a 5 year inventory but the Commission then decided to remove the 5 year inventory and bring a list of criteria to be weighted as to whether a parcel of land should be annexed. He reminded the Council that what is before them is language providing for a 5-year inventory of land as originalIy recommended by the Commission. Additionally, there is language within the annexation policy that would provide for an exceptions process which would allow annexations that would be in excess of the 5-year inventory. He recommended that the Council adopt the draft policies and goals and direct staff to bring back an ordinance with findings. 1156 Councilor Figley stated that her biggest problem with the draft document is with the fixation on numbers relating to population and the number of years of inventory. She would like to see a mechanism in place that would alIow for approval of additional development in parts of our City that are currently undergoing expansion in preference to additional development in other parts of the City that are stagnant. She stated that her concern stems from the fluctuation of growth over the years and the impact of having younger/larger families within our community. Director Goeckritz reminded the Council that the exceptions process does give the Council the ability to annex land outside of the 5 year inventory supply. He also stated that the policy needs to include a population number for which the City would like to provide service for over the next 20 years. Councilor Figley also questioned the definition of "compact" development. Director Goeckritz stated that the policies would give the developer an opportunity to provide compact units that may be in a Planned Unit Development involving lot sizes of approximately 3,500 to 4,000 square feet. Page 6 - Council Meeting Minutes, August 23, 1999 -,0--' ..._-.."t"-_.-'.'-_N.""'...._.._.~'''_.. ~-,< .. COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING Councilor Pugh stated that he did not want the City to be crowded with 3,000 sq. ft. lots. In his reading of the document, he was left with a general interpretation that the document was patterned after what is correct in today's standards for larger cities such as Portland and Salem. He did not want to leave the public with the impression that the City is following with the practice of larger cities since Woodburn is still rural enough to enjoy a combination of lot sizes. Discussion was held regarding lot sizes and the need to maintain standard subdivision lot sizes versus Planned Unit Developments along with the trade-offs for open space. Director Goeckritz stated that the draft policies and goals do not include any specific lot sizes. Administrator Brown suggested that the word "compact" be replaced with the word "orderly" to promote growth in an orderly fashion so that the infrastructure is extended step by step rather than jumping around into the empty space currently within the City. Councilor Kilmurray referred to Annexation Policy D-6-6 and questioned if "special circumstances" needs to be defined. Director Goeckritz stated that the language is very broad to give the Planning Commission and Council more latitude in determining if an exception should be granted. Discussion was held regarding the inclusion of the 5 year inventory of land whereas prior Council discussion moved toward establishing criteria and a weighted scale method. Director Goeckritz stated that it was staff's interpretation that the Council did not feel comfortable with the weighted criteria method. Councilor Bjelland expressed his opinion that the concept was acceptable, however, the weighted criteria as proposed was not acceptable. It was the consensus of the Council that the weighted criteria method should be pursued with modifications from the original proposal. Attorney Shields stated that the Planning staff has recommended that the Council go ahead with the amendments to the Comprehensive Plan with wording modifications as directed by Council. Yet to be drafted by the Planning staff is an amendment to the zoning ordinance which would implement the Comprehensive Plan. 1934 Mick DeSantis, 173 McLaughlin, stated that the Planning Commission did not have the 3 or 5 year inventory clause in their recommended approval and yet that language is included in the draft document before the Council. He feels that putting a specific year limit on inventory supply will be detrimental to the building industry and that a quality product is through competition. He also felt that the draft document is not conducive to livability within our community since the City is still small enough to where the services provided are limited due to our size. He stated that his issue with this document is that it is more focused on the items such as what does entitle a developer to pursue development of their property. He felt that, in all fairness, a system desired by Council and citizens of the community needs to be established and that system remains in place no matter who Page 7 - Council Meeting Minutes, August 23, 1999 ._~_..._._. ...~.._....--_. ,.--"--.-.....-".,,-- - ~,.~.. COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING comes in to apply for annexation and the exceptions process not be option available to any developer. In his opinion, the points given to the criteria that has been previously discussed by the City is not in the best interest of the community. For example, more points should be given to a greater lot size rather than a smaller lot size since people are moving to Woodburn for more space. He suggested that a point system be implemented but more time needs to be taken to determine the numbers that are assigned to each criteria. Mayor Jennings declared closed the public hearing at 8: 14 p.m.. 2490 Councilor Figley stated that she would like to see the word "compact" replaced with the word "orderly" or the word deleted entirely. She also stated that she has a problem with the year inventory criteria. Additionally, the numerical criteria be should be deleted and in its place, establish some criteria that can be used in the decision making process such as location relative to existing service and ease of extension of service. Attorney Shields wanted to clarify for the record that this is the amendment to the Comprehensive Plan while the numerical criteria would be part of the zoning ordinance implementation which would be coming back to the Council. Councilor Bjelland suggested that in Annexation Policy D-l-1, the last two sentences be removed thereby eliminating the problem on land inventory. In its place, include language that would provide for examination of annexations by criteria to be established in the zoning ordinance. Administrator Brown stated that staff will draft a revised document for Council review. PUGHlFIGLEY... direct Planning staffto bring back an ordinance with the appropriate changes. The motion passed unanimously. 2895 PUBLIC HEARING: SITE PLAN REVIEW #99-05 (STEIN OIL COMPANY), Mayor Jennings declared the public hearing open at 8:24 p.m.. FIGLEY/PUGH... per the request of the applicant, the hearing be continued to October 11,1999. The motion passed unanimously. 2951 CITY ADMINISTRATOR'S REPORT. A) Zoning Ordinance Revisions: Administrator Brown stated that he had provided in the Council packet a time line and related work tasks to be completed for the purpose of amending the City's zoning ordinance. Staff is proposing that they complete a draft document which they will submit to the Council by December, and the Council can then refer it to the Planning Commission for their review and hearings process. Staff is also proposing that a Steering Committee be formed consisting of a Councilor, Planning Commission member, and an individual in the real estate or building trade. It would involve meetings on a weekly basis and he suggested that Council President Figley and Page 8 - Council Meeting Minutes, August 23, 1999 COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING either the Chair or Vice-Chair of the Planning Commission be appointed to the Committee. No one in the real estate or building trade has been identified as of yet, however, he suggested that Dave Christoff be considered as the third member since he is currently serving as Chair of the City's Growth Management Committee. He also stated that staff will be proposing that a set of design standards be built into the zoning ordinance which would allow application of standards and/or criteria for all levels of construction. Mayor Jennings requested Council approval of the appointments to the Task Force to be comprised of Councilor Figley, Planning Commissioner Cox, and Dave Christoff. KILMURRA Y/PUGH... approve the appointments made by Mayor Jennings with the understanding that if Mr. Christoff does not wish to be on the Committee that another individual will be asked to fill the third position. The motion passed unanimously,. Councilor Figley stated that she hoped to hear from the Councilors within the near future as to what they would like to see in the zoning ordinance. Councilor Bjelland expressed his opinion that the ordinance should be flexible enough to allow for different types of development that would not have burdensome minimums or maximums. Strong design criteria is a key element in providing flexibility to the City in either approval or denial of development proposals. B) Rapid Spanish Language Class for City Employees: Administrator Brown stated that he is working with Chemeketa Community College to provide a rapid Spanish class for City employees so that the City can provide better customer service to those who speak Spanish as a primary language. The class will be held two days per week over a 10 week period and he is proposing that the City pick-up the tuition costs if the employees participate in the class on their spare time. At this time, approximately 15 employees are interested in taking the class and the opportunity is being extended to the Councilors. Mayor Jennings, Councilors Figley, Pugh, Kilmurray, and Chadwick stated that they were interested in attending the class. 0312 MAYOR AND COUNCIL REPORTS. Councilor Kilmurray questioned if Public Works had any follow-up to the 45-mile speed limit on Boones Ferry Road. Public Works Manager Rohman stated that he has contacted the State and they are supposedly working on this issue. Councilor Bjelland stated that he had attended the inaugural for the Oregon Gardens was held last Saturday which included a concert by the Oregon Symphony. He expressed his opinion that the Oregon Gardens will facilitate this type of attraction. Additionally, there is an increase in the awareness of the wine growing industry surrounding area and the tremendous potential for tourist attractions. This, in combination with the recent developments within the City, it will make Woodburn a central focal point for the tourist Page 9 - Council Meeting Minutes, August 23, 1999 COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING industry which can impact not only on local businesses but encouraging development of other parts of our City by taking advantage of this potential influx of tourists into the area. From a negative standpoint, it will also impact our transportation system. Councilor Chadwick stated that she was amazed as to how easy it was for her to get to the Woodburn Company Stores and it took considerably less time than she had expected to attend the grand opening celebration. Councilor Pugh stated that the Woodburn Company Stores grand opening was very well done and put together in a very professional manner. Councilor Pugh also expressed his dismay in seeing more junk signs on public property and he summarized the action taken last year by the Council to prohibit the display of these signs from being left on public property overnight with the exception being A- frames that relate to open houses or garage sales. Mayor Jennings stated that, according to the Police Chief, a citation can be issued but the police cannot pick the sign up. He stated that he has been picking up the illegal signs and putting them in City Hall where the owner can pick up their sign if they so wish. Councilor Pugh reminded the public that placement of signs on their own property is allowable whereas placing the sign on public property is illegal except under certain circumstances. Administrator Brown stated that Chief Null has sent letters out to all of the various real estate agencies who have posted signs in the public right-of-way for the purpose of educating them on the City's ordinance. Hopefully, there will be voluntary compliance so that there will not be a need for more strict enforcement. Utilizing the media is the next best method to try to educate the public on the requirements of the ordinance. Councilor Pugh stated that he had received a call from a constituent a few days ago informing him that the constituent's a neighbor had butchered an animal and there were about 12 people at that location all night long. He spoke with the Police Chief and told him that there is no ordinance prohibiting slaughtering within the City. He hoped to be able to work with the Councilors to update our ordinance which would accommodate all of our different cultures and yet make it a more livable situation. Councilor Kilmurray stated that she would be willing to assist him with this project since she has experienced similar situations in her neighborhood. 0640 EXECUTIVE SESSION. City Attorney Shields stated that he is waiving his right to an open hearing and declared a conflict of interest on the portion of the executive session that involves his performance evaluation since it could affect his compensation. FIGLEYIKILMURRA Y... move into executive session per ORS 192.660(l)(h), ORS 192.660(l)(i), and ORS 192.660 (l)(f). The motion passed unanimously. The meeting adjourned to executive session at 8:50 p.m. and reconvened at 11: 17 p.m.. Page IO - Council Meeting Minutes, August 23, 1999 - COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING 0695 Mayor Jennings stated that no decisions were made in the executive session. PUGHlFIGLEY... evaluation of the City Attorney is complete with a measuring system that finds that performance consistently meets and frequently exceeds job requirements, and authorize a monetary increase of 6% at contract renewal date. The motion passed unanimously. 0725 ADJOURNMENT. PUGHlKILMURRA Y.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 11 :20 p.m.. APPROVED ~ ? RICH RD JENN A YOR "' ATTEST fYI~~ M~~ant, Recorder City of Woodburn, Oregon Page 11 - Council Meeting Minutes, August 23, 1999 ,-.- .- ........,....-- '"_..._.~..<- ,.,.~.."._-_. ..'--_..,_...._--,~-_.__.._- " 1