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Minutes - 07/12/1999 COUNCIL MEETING MINUTES JULY 12, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 12, 1999. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley Kilmurray Pugh Sifuentez Present Present Present Present Present (7:08 pm) Present Absent Staff Present: City Administrator Brown. City Attorney Shields, Public Works Director Tiwari. Community Development Director Goeckritz. Park & Recreation Director Westrick, Deputy Chief Null, Finance Director Gillespie, Library Director Sprauer, City Recorder Tennant 0034 Mayor Jennings stated that Councilor Sifuentez was not in attendance at this meeting since she was out of town. The Mayor also added the following items to the agenda: (I) General Business - Request for a Sound Amplification Permit, and (2) General Business (lOB) - A letter from Oregon Dept. of Transportation (ODOT) on status of transportation improvements related to the Woodburn Company Stores. 0021 ANNOUNCEMENTS. A) Continuation of Public Hearing on Growth Management and Annexation Policies: The City Council will continue the public hearing on this issue at their July 26, 1999 meeting, 7:00 p.m., in the City Hall Council Chambers. 0068 PROCLAMATION: RECREATION AND PARKS MONTH JULY 1999. Mayor Jennings read the proclamation declaring the month of July 1999 as Recreation and Parks Month within the City and urged citizens to recognize the committment of local organizations, businesses, and individuals contributing to the quality programs being utilized by members of our community. Aquatics Manager Kathy Willcox presented Marion Zellner with a "Volunteer of the Year" award for 1999. Mrs. Zellner has been a dedicated volunteer at the Center for the Page I - Council Meeting Minutes, July 12, 1999 T .--r" ,...,......-......--...----..--..-- 11 I ~ COUNCIL MEETING MINUTES JULY 12, 1999 TAPE READING last two years teaching a water fitness class. Director Westrick presented 1999 Friends of the Parks awards to the following: I) Raul Garcia who has been a volunteer youth basketball and soccer coach with the City's recreation program for the past 7 years; 2) French Prairie Garden Club for their continued upkeep of Cowan Park which is located at the corner of Garfield and Settlemier A venue; and 3) Woodburn Together for their partnership with the Recreation department in providing prevention programs to the youth of our community. Financial support has been provided by Woodburn Together on programs such as the free 4'h grade swimming lesson program, high school city league basketball program, free swim night once a month at the aquatic center, assist with staffing of Day Camp, Drop In Center program. Aquatic Center equipment purchases, and playground equipment at the parks. Pete McCallum, Woodburn Together President, accepted the award on behalf of this organization. Mayor Jennings also reminded the public that Woodburn Together assists with the Kmart Kids Race Against Drugs event and this year they had over 800 youths involved in that program from our local area and Kmart donated $5 for each youth to Woodburn Together. 0376 CHAMBER OF COMMERCE REPORT. Patrick Vance. representing the Chamber Board, stated that a new event will be held on July 18'h at the Settlemier House from 6:00 pm to 8:00 pm. This event, known as the Jazz Berry Music Concert, will be an evening of outdoor music featuring John Nilsen. Additionally, the Chamber office has been receiving numerous telephone calls and drop- in visitors inquiring about the status of the new factory outlet center. He reminded the Council that Business After Hours will be held on July 22nd at the Woodburn Drag Strip beginning at 4:30 p.m.. This annual event is hosted by the owners of the Drag Strip, and Hershberger Motors will provide the vehicles for driving participants. 0465 WOODBURN DOWNTOWN ASSOCIATION REPORT. Darlene Fredrickson. 503 N Front St (Couture Cache Doll Shop). stated that the WDA is (I) preparing a report on murals to be forwarded to the Council, (2) working on the train excursion project. (3) in the process of forming a Neighborhood Watch Association. and (4) trying to recruit more downtown business owners to become a part of the WDA. 0500 Bill Wettstein, 1106 N Third, stated that he, along with his neighbors Mr. Jackson and Mr. Ruiz, live adjacent to Yew Street which is an unpaved road connecting Second and Third Streets. Last year, they had paid to have the roadway paved with emulsified asphalt with the intention of doing it again, however, there has been so much traffic on Yew Street that it did not last through the winter. A portion of the problem stems from young people who hot rod on the loose gravel. Additionally. they are seeing an increase in Page 2 - Council Meeting Minutes, July 12, 1999 " .-_...."..'~" ,.-..--.... 11 t COUNCIL MEETING MINUTES JULY 12, 1999 TAPE READING traffic from St. Luke's Church parishioners since this is the only street north of the Church connecting, and once a week United Disposal makes up to 8 trips a day with their heavy trucks. The street is full of potholes, dusty. and unbearable with the amount of traffic. Second and Third Streets are also used as a racetrack which makes the problem even worse. They suggested that the Council pave the street or close it off it the middle and make it a dead-end street. He stated that they have had to put up with this problem for a long time and the City does not seem to want to do anything about it. Staff has told them that paving the street would require curbs and sidewalks and the residents abutting this street cannot afford to pay for improvements to the extent the City would be requiring in order to meet existing roadway standards. He requested that counters be placed on the street to provide necessary traffic information to determine if the street should be paved or closed off. Mr. Jackson, 1105 Second Street, stated that his lawn has been damaged numerous times because motorists and truck drivers try to avoid the potholes and end up driving on his lawn. He is very concerned with the number of motorists who spin their wheels on the gravel and he reiterated that they cannot afford to fix the street and yet continue to have motorists damaging the street. Staff will obtain more information from the concerned residents and report back to Council. 0790 CONSENT AGENDA. A) Approval of Council workshop minutes of June 7,1999 and the regular Council meeting minutes of June 28, 1999; B) Acceptance of the Planning Commission minutes of June 24, 1999; C) Review of the Police Activity Report for May 1999; D) Review of the Building Activity Report for June 1999; E) Review of the Semi-annual report from the Woodburn Chamber of Commerce; and F) Approval of Claims for the month of June 1999. FIGLEYIPUGH... adopt the Consent Agenda as presented. The motion passed unanimously. 0805 REOUEST FOR SOUND AMPLIFICA nON PERMIT: Woodburn Public Librarv. Deputy Chief Null recommended the approval of the permit requested by the Woodburn Public Library for Music In The Park events scheduled at Library Park. BJELLAND/CHADWICK... approve a sound amplification permit for Woodburn Public Library for July 20th, July 28t", August 10th, August 18'h. and August 25,1999 from 7:00 pm to 8:00 p.m. each evening at Library Park. The motion passed unanimously. Administrator Brown stated that on July 20th, Molly Bloom will be the featured artist who will be playing Bluegrass music. Page 3 - Council Meeting Minutes, July 12, 1999 '1""- .,... .-..."r'.-.'.------ 11 I -....,.- COUNCIL MEETING MINUTES JULY 12, 1999 TAPE READING 0874 COUNCIL BILL 1977 - ORDINANCE APPROVING ANNEXATION #98-03. COMPREHENSIVE PLAN MAP AMENDMENT #98-02. AND ZONE MAP AMENDMENT #98-04 FOR CONSTRUCTION OF PHASES II AND III OF THE FACTORY OUTLET CENTER. Councilor Chadwick introduced Council Bill 1977. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Attorney Shields stated that the Council, in their previous motion, had directed staff to prepare an ordinance for the final land use action and the attorney for the applicant to prepare the findings. conclusions, and conditions for submittal to staff for review. He stated that the original motion did include a condition pertaining to traffic impact mitigation and that staff had included the condition (Exhibit B, page 24 of 24, under Conclusions IV(6)) in the Council Bill. Options available to the Council are 1) to make a motion to incorporate IV(6) into the conditions of Council Bill 1977 thereby clarifying their intent and to direct staff to revise the findings, conclusions and conditions, or 2) make a determination that condition IV(6) should not be incorporated and then amend Council Bill 1977 to delete condition IV(6) which was included by staff based on previous understanding of the Council's motion. He reminded the Council that this was a land use issue and the public hearing has been closed, however, the Council could hear from the applicant's attorney as to whether or not the condition should be included in the conditions but cautioned the Council that no new testimony can be taken by the Council without re-noticing and re-opening the hearing. 1481 Councilor Figley expressed her opinion that the condition needs to be clarified what her intention was at the time the original motion was made following the close of the public hearing. It was her intent to require the applicant to do another traffic study only in extreme circumstances since the applicant had already done a traffic study considering a three phase project even though the initial application was for only the first of three phases. The City could initiate their own study in the future if they felt it was necessary and traffic impact fees could be adjusted based on the study results. Additionally, the City should not waive their rights until there is some actual experience on the impact which will be available by the time the developer submits his site plan for Phases II and III. She reminded the developer that the City did leave out some conditions that ODOT and the Planning Commission wanted included in the final order but the Council realized that the developer should only have to payor make improvements based on impact created. 1481 FIGLEY/KILMURRA Y... amend IV(6) to read that no additional traffic impact study be required of applicant and that the issue of traffic impact mitigation be required at the site plan stage. Councilor Pugh stated that he is in favor of Section IV(6) and feels that the original motion was very clear but is willing to listen to other viewpoints before making a final decision. Page 4 - Council Meeting Minutes, July 12, 1999 COUNCIL MEETING MINUTES JULY 12, 1999 TAPE READING The other Councilors also agreed with Councilor Figley and felt that the findings and conclusions needed to be amended to clarify the Council's intent. Mayor Jennings briefly described his concerns regarding the traffic impact study issue and stated that the developer has a right to know if the City would be pursuing a new study utilizing different data which would either increase or decrease his share of infrastructure cost for Phase II or ill. Discussion was held as to whether or not Attorney Robinson, representing Woodburn Company Stores, would be allowed to speak on this land use issue. A majority of the Council objected to allowing Attorney Robinson to speak since the record is closed. Mayor Jennings stated that he felt that the Council should allow Attorney Robinson to speak on this land issue provided that the testimony is restricted to Section N(6). Attorney Shields clarified his legal advice in that the Council should resolve this issue amongst themselves if at all possible. otherwise, if they need to hear from the developer, it only be through his legal representative and be restricted to Section IV(6). Following some additional discussion on the content of the motion. Attorney Shields reminded the Council that the motion to amend the Council Bill could pass by a majority vote of the Council. However. passage of the Council Bill would require a unanimous vote of the Council at the meeting it is introduced, or, at a subsequent meeting, pass by a majority vote. The Council reviewed the content of the amendment. Mayor Jennings called for a vote and the motion to amend passed unanimously. FIGLEY /PUGH... staff be directed to revise the Findings and Conclusions to be consistent with the inclusion of condition N(6) as amended and present the revised Council Bill for final approval at the next meeting. Mayor Jennings questioned if staff would be conferring with the developer's attorney prior to submittal of the Council Bill at the next meeting. Attorney Shields stated that he would be communicating with the developer's attorney. Following some additional discussion on procedure, the Mayor called for a roll call vote and the motion passed unanimously. 2638 STATUS REPORT. WOODBURN COMPANY STORES: PHASE I. Steve Craig, developer of Woodburn Company Stores, provided the Mayor and Council with a status report on infrastructure improvement completion dates prior to the "soft opening" date of July 23.1999 and the Grand Opening date of August 19, 1999. He stated that by July 23", all of the paved surface of Arney Road to Woodland will be completed, however. the street lights and curbs are scheduled to be completed by July 30th He clarified the meaning of "soft opening" in that it is a transitional period leading up to the Grand Opening. It is anticipated that 25 to 30 stores will initially open on July 23" with the rest of the stores working towards opening their stores on or before August Page 5 - Council Meeting Minutes, July 12, 1999 T 11 I COUNCIL MEETING MINUTES JULY 12, 1999 TAPE READING 19th. In regards to the raised median on Highway 219, he stated that it is scheduled for completion on August 6th and the re-striping of the bridge and Highway 214 will be completed on August 14th. He stated that ODOT only allows contractors to do this type of work on a Saturday night and this is the first available date that ODOT will allow the work to be done. The sign bridge has been delayed since ODOT was unable to do the design work in-house and it has been contracted out for completion. Until the sign bridge is installed, ODOT will be placing temporary signs on 1-5. ODOT has also decided to change the traffic signal interconnect and make it into a hard wire system. Until such time as they complete design and make the necessary changes, ODOT will be periodically adjusting the signal that was originally ordered so that the traffic signal will be operable and coordinated as closely as possible with the timing of the other signals. Tape 2 Steve Craig requested that a Temporary Certificate of Occupancy be granted even though re-striping and the traffic signal interconnect will not be completed by July 23'd. He reminded the Council that the traffic signal will be activated by July 23'd, the sidewalks and curbs will be in by the first part of August, the south bound ramp off of 1-5 has been widened, and the ADA signage will be installed. Richard McSwain, ODOT engineer, stated that the traffic interconnect will be completed over the next several weeks. Until then, ODOT will be working with the developer and State Police to try and keep traffic moving on Highway 214/219 and off of 1-5. Mayor Jennings suggested that Arney Road at the Highway 219 intersection be a right turn in/right turn out to divert motorists to the Highway 219/Woodland Ave. traffic signal. Don Jordan, ODOT engineer. stated that they will be placing barrels in the vicinity of the Arney Road extension to divert traffic to Woodland Avenue and out to the traffic light. Steve Craig also stated that they have publicized other routes for employees and customers to take to get to the mall for the purpose of trying to reduce the amount of traffic in the 1-5 interchange area. He also expressed his thanks to Building Official Rob Mendenhall and City staff for their assistance with this project which will soon be completed and operational. 0490 Administrator Brown expressed his pleasure in hearing how much of the work was going to be done by the "soft opening" date of July 23'd. He stated that this report was before the Council at this meeting to keep them abreast of what will be done by the time the developer plans to open the stores and, unless the Council has objections. the temporary occupancy permits will be issued provided that all of the items on the staff report are completed except for the items brought before the Council relating to the (I) completion of the sidewalk. curbs, and re-striping prior to August 19th, (2) delay in the installation of the sign bridges, and (3) delay in the hard wiring of the traffic signal. Brief discussion was held regarding the placement of a noise barrier along Woodland from the Arney Road extension to Highway 219. Mr. Craig stated that ifthe Council Page 6 - Council Meeting Minutes, July 12. 1999 .,... _..--.-.."--"'-.,....-~-_.~... -,,-,-,-,-""'--"-"'--"~- 11 I ~ COUNCIL MEETING MINUTES JULY 12, 1999 TAPE READING wanted arborvitae shrubs in the landscape strip abutting the properties located on the west side of Woodland, he would have the shrubs planted right away. Staff will report back to the Council at the next meeting regarding the type of noise barrier that needs to be installed. 0780 COUNCIL BILL 1978 - ORDINANCE AMENDING COMPREHENSIVE PLAN MAP AND CHANGING ZONING DESIGNATION ON PROPERTY LOCATED SOUTH OF WEST HAYES ST. AND EAST OF 1-5. AND APPROVING PRELIMINARY SUBDIVISION PLAT OF SAID PROPERTY (Montebello Subdivision). Council Bill 1978 was introduced by Councilor Chadwick. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Brief discussion was held on Section 3(C) regarding the developer meeting with the residents to resolve privacy, security, and sound abatement issues. Attorney Shields suggested that the condition remain in the Council Bill since it was an original condition and, from the staff's prospective, that condition has already been complied with by the developer. Councilor Bjelland questioned if the condition to record the conditions of approval needs to be added to the Council Bill. Attorney Shields stated that, based on the Council's previous action, the Planning staff would be recording the ordinance and conditions on the subdivision. On roll call vote, the bill passed unanimously. Mayor Jennings declared Council Bill 1978 duly passed with the emergency clause. 0993 COUNCIL BILL 1979 . ORDINANCE AMENDING COMPREHENSIVE PLAN MAP ON 5.91 ACRES OF PROPERTY FROM HIGH DENSITY RESIDENTIAL TO COMMERCIAL AND CONCURRING WITH MARION COUNTY ON THE PROPOSED CHANGE FROM MARION COUNTY COMMERCIAL RETAIL TO COMMERCIAL GENERAL (515 S. Pacific Hil!bwav: Lawrence & Marilvn Paradis). Council Bill 1979 was introduced by Councilor Chadwick. The two readings of the bill were read by title only. Mayor Jennings stated that Attorney Shields has drafted the ordinance so that it will not need to corne back to the Council for another ordinance or resolution after the County Commissioners complete their portion of this land use issue. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1979 duly passed with the emergency clause. Page 7 - Council Meeting Minutes, July 12, 1999 I ..._._. _...~ 'H"~.,~,.,.-_...""""'___..._ ___'_."'__"~' '"_',_.._..,_..~__'______._._.__.~~." "II 1 -~ COUNCIL MEETING MINUTES JULY 12, 1999 TAPE READING 1060 COUNCIL BILL 1980 - RESOLUTION ENTERING INTO AN AGREEMENT WITH R & W ENGINEERING FOR REPLACEMENT OF HV AC SYSTEM AT THE WOODBURN PUBLIC LIBRARY. Councilor Chadwick introduced Council Bill 1980. Recorder Tennant read the bill by title only since there were no objections from the Council. Director Sprauer stated that this agreement will cover only the engineering study and, once completed, staff will be able to plan for a future upgrade and/or replacement of the HV AC system which has not operated properly since the building was built 20 years ago. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1980 duly passed. 1120 COUNCIL BILL 1981 - RESOLUTION CONSENTING TO THE APPOINTMENT OF PAUL NULL AS POLICE CHIEF AND AUTHORIZING EXECUTION OF AN EMPLOYMENT AGREEMENT. Council Bill 1981 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1981 duly passed. 1150 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that he is in the process of developing a performance evaluation form to be used by the Council in evaluating the City Attorney and City Administrator's work. As part of this process in developing the evaluation form. the Council needs to give the public an opportunity to comment on the evaluation form and, following the receipt of public comment. the Council can finalize the form which will then be used to evaluate these management positions. He stated that he will then utilize this same performance evaluation form for all top managers. He briefly reviewed the four major areas to be reviewed: work product. desirable characteristics in the employee, interpersonal relationships, and management. He also reminded the Council that they had previously established a pay scale which included a merit pay range and he will be developing a performance evaluation form to be used by managers for the purpose of implementing future merit pay increases. 1355 MAYOR AND COUNCIL REPORTS. Councilor Figley thanked all of the volunteers who worked at the Fourth of July Celebration for making it another successful year. In particular. she thanked Vee Otto Larry Krieghauser, and Don Eubank for their work in organizing this event. Councilor Bjelland stated that this event was well-attended and the fireworks display was outstanding. Mayor Jennings stated that the TV cameras have been installed and they will be operable by the next regular meeting. Page 8 - Council Meeting Minutes, July 12, 1999 .- ..._._...",.__._ ,....'~H COUNCIL MEETING MINUTES JULY 12, 1999 TAPE READING 1447 Attorney Shields stated that it will not be necessary to hold an Executive Session at this meeting. ADJOURNMENT. FIGLEYIPUGH... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9: 16 p.m.. APPROVED RIC ATTEST fY/ --j~ M~nant, Recorder City of Woodburn. Oregon Page 9 - Council Meeting Minutes, July 12, 1999 i - ,.. --_._^..~-'-'r-...~--_.._---._._'-- 11 I ~._-