Minutes - 06/14/1999
COUNCIL MEETING MINUTES
JUNE 14, 1999
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, JUNE 14, 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
Absent
Present
Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Community Development Director Goeckritz, Park & Recreation Director
Westrick, Police Chief Wright, Finance Director Gillespie, Public Works Manager
Rohman, Management Analyst Smith, City Recorder Tennant
Mayor Jennings reminded the public that June 14'h is the birthday of the American Flag
and he read a short statement he had prepared on the flag's history and for what it stands
for in our country.
0097 APPOINTMENTS.
A) Woodburn Human Rights Commission -
Mayor Jennings appointed the following individuals to serve on this Commission:
Term expiration date of December 31, 2002 - Marilyn Landeen (Ward I), Wendy Veliz
(Ward V), and Doyne Deos (at-large)
Term expiration of December 31, 2001 - Florence Jensen (Ward IV), Eliborio
Fernandez (at-large), and Scott Summers (at-large)
Term expiration of December 31,2000 - Patricia Garcia (Ward VI), Walter Howell
(Ward II), and Alicia Hernandez (Ward ill)
Additionally, he appointed Scott Summers to serve as Chair and Wendy Veliz to serve as
Vice-Chair for this Commission.
PUGWFIGLEY.... appointments to the Woodburn Human Rights Commission be
approved. The motion passed unanimously.
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ANNOUNCEMENTS.
A) Public Hearing: On June 28, 1999, a public hearing will be held before the
Woodburn City Council on a proposal to amend the Woodburn Comprehensive Plan Map
and change the Zone designation on the Marion County Urban Zoning Ordinance Map
(applicant: Lawrence & Marilyn Paradis).
B) Buildable Lands Committee meeting: On June 29, 1999, this Committee will meet in
the City Hall Council Chambers at 7:00 p.m.. It was noted that the agenda lists June 22nd
as the meeting date, however, it has been changed to June 29th.
0181 PRESENTATION: TREE KICK-OFF CAMPAIGN.
Park & Recreation Director Westrick, along with Councilor Figley, unveiled the plaque
that will be displayed in City Hall listing the donors/contributors of trees planted at
Centennial Park. He stated that special thanks are extended to Oregon Turf & Tree
Farms, Woodburn Together, and the Centennial Park Task Force who have contributed
trees, volunteer hours, and money towards this project. The public was reminded that
they can still purchase a tree with a $150.00 donation.
0236 CHAMBER OF COMMERCE REPORT.
Steve Goeckritz, Chamber Board representative, stated that the Chamber has been
displaying a several new brochures for visitors to Woodburn such as the 1999 Portland
Rose Festival schedule of events, the Oregon Guide to Rural Tours and Experiences, and
an Oregon Covered Bridges pamphlet. The Chamber will be co-sponsoring, with
Chemeketa Community College, a 6 hour course beginning June 21st for individuals
interested in updating their retail skills. Lastly, Business After Hours will be held on June
24th, 4:30 p.m., at Countryside Living which is a new Alzheimer & Dementia care facility
in Woodburn.
0300 WOODBURN DOWNTOWN ASSOCIATION.
Hazel Smith, representing the Downtown Association, stated that the WDA meets every
Wednesday afternoon, 3:30 pm., in the City Hall Council Chambers. Interested citizens
are invited to attend these meetings. She also stated that the trees that were planted last
fall need to be watered during the summer months and the Association is trying to get
assistance from the local businesses and/or the Fire Department to regularly water the
trees. In regards to the downtown mural project, they are in the process of obtaining a
copy of Silverton's ordinance and, following review ofthe ordinance, will submit a
proposal to the City Council for the purpose of passing an ordinance to protect a mural if
the building is sold. Lastly, the WDA will be reviewing a proposal submitted by a local
business that would address signage within the City's downtown historical district. Once
the WDA edits the proposal, it will be brought before the Council for their consideration.
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0416 CONSENT AGENDA.
A) City Council minutes of May 24, 1999 regular and executive session meetings;
B) Planning Commission minutes of May 27,1999;
C) Library Board minutes of May 26, 1999;
D) Human Rights Commission Rules of Procedures;
E) Police Department Activity Report for April 1999;
F) Building Activity Report of May 1999;
G) Claims for the month of May 1999; and
H) Installation of "No Parking" signs in Ironwood at Tukwila.
Mayor Jennings informed the Council that within item 8D (Human Rights Commission
Rules of Procedures), the reference to "by-laws" has been changed to "rules" in the final
draft document.
FIGLEY/PUGH... Items 8A through 8C and items 8E through 8H be adopted, and item
8D be adopted as amended. The motion passed unanimously.
0472 COUNCIL BILL 1968 - ORDINANCE AFFIRMING THE DECISION OF THE
WOODBURN PLANNING COMMISSION AND DENYING AN APPEAL. AND
APPROVING SITE PLAN REVIEW APPLICATION #99-01 (Applicant: Dr.
Patrick Paradis).
Council Bill 1968 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. On
roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared
Council Bill 1968 duly passed with the emergency clause.
0512 COUNCIL BILL 1969 - ORDINANCE GRANTING A CONDITIONAL ZONE
CHANGE ON PROPERTY LOCATED AT 290 GATCH STREET FROM SINGLE
F AMIL Y RESIDENTIAL (RS) TO MUL TI-F AMIL Y RESIDENTIAL (RM) FOR
CONSTRUCTION OF A DUPLEX (Applicant: Orville and Dorothv Krebs),
Councilor Chadwick introduced Council Bill 1969. 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 bill passed unanimously. Mayor Jennings declared Council Bill 1969
duly passed with the emergency clause.
0568 COUNCIL BILL 1970 - RESOLUTION ENTERING INTO A CONTRACT WITH
MARION COUNTY TO PROVIDE FUNDING FOR THE WOODBURN DROP-IN
CENTER.
Council Bill 1970 was introduced by Councilor Chadwick. Recorder Tennant read the
bill by title only since there were no objections from the Council.
Director Westrick stated that the City had applied for grant funding for both drop-in
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centers (Legion and Settlemier Park centers). The County awarded the City with a
$20,000 grant which can be used at either facility.
On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared
Council Bill 1970 duly passed.
0617 ACCEPTANCE OF EASEMENT: MILL CREEK AND GREENVIEW SANITARY
SEWER FORCE MAINS.
Staff recommended acceptance of a revised utility easement from the State of Oregon for
placement of a sewer force main on MacLaren School property.
FIGLEYIPUGH... accept the utility easement from the State of Oregon as recommended
by staff. The motion passed unanimously.
0630 CONTRACT AWARD #99-24: SETTLEMEIR AVENUE WATER LINE
REPLACEMENT.
Bids for the replacement of the water line from Settlemier Park to Arthur Street were
received from the following contractors:
Dunn Construction, $42,890.00; Sun Quest Construction, $51,710.00; Scharff Bros.,
$52,000.00; and C.J. Construction Services, $64,909.00. It was noted that the engineer's
estimate was $27,995.00, however, after reviewing all of the bids, staff is recommending
that the contract be let to the lowest bidder.
PUGHlBJELLAND.... award the contract to the lowest responsible bidder, Dunn
Construction, on the Settlemier Avenue water main replacement in the amount of
$42,890.00. The motion passed unanimously.
0658 PUBLIC HEARING: 1999-2000 CITY BUDGET AND 6-YEAR CAPITAL
IMPROVEMENT PLAN (CIP).
Mayor Jennings declared the public hearing on the 1999-2000 City budget, which
includes the State Revenue Sharing budget, open at 7:25 p.m..
Finance Director Gillespie stated that the Budget Committee process is now complete and
they have recommended Council consideration of a total budget in the amount of
$45,5 II ,081 which included a tax rate levy of $6.0458 per $1,000 assessed value and a
levy of $191,160 for bonded debt. Staff has since identified the following three changes
that the Council may want to consider and incorporate into the budget:
I) the reduction of the General Operating Reserve Fund by $110,000 which is the amount
of the 1998-99 loan to the Parks SDC Fund for the Centennial Park project;
2) since the telephone installation will not be completed until after July l't, $55,000 in
General Fund appropriations and $20, 000 in Technical & Environmental Services
appropriations be carried over to 1999-2000 with the revenue source being an increase in
each of the beginning fund balances; and
3) for 1999-2000, levy only $83,333 for bonded debt and utilize accumulated cash
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balance to meet anticipated debt service costs.
If the above changes are acceptable to the Council, the new budget total will be
$45,374,081.
No one in the audience commented on the proposed City budget.
Mayor Jennings declared the public hearing closed at 7:29 p.m..
Councilor Bjelland suggested that, in the future, the cash balance carryforward is
separated out from the revenue totals so that it will be easier to look at the actual
percentage increase in on-going operating expenses versus revenues generated.
Councilor Pugh complimented staff on the thoroughness of the budget document and
expressed his appreciation to the Budget Committee for their work on the budget.
Councilor Figley expressed her opinion that this was the most user friendly budget that
she has worked with and feels that the public can obtain information from the document
without having an accounting background. She reminded the public that a copy of the
budget is available at the Library and City Hall.
FIGLEYIBJELLAND.... 1999-2000 City budget, which includes the State Revenue
Sharing budget, be adopted as presented with the three amendments as proposed by the
Finance Director. The motion passed unanimously.
0930 PUBLIC HEARING. RECONSIDERATION OF BOONES CROSSING PUD.
ANNEXATION. ZONE CHANGE. CONDITIONAL USE. AND VARIANCE.
Mayor Jennings declared the public hearing open at 7:34 p.m..
No declarations were made by the City Council. Recorder Tennant read the land use
statement required by ORS Chapter 197.
Mayor Jennings stated that Councilor Kilmurray was not able to attend this meeting nor
will she be at the next regular Council meeting. However, she has agreed to have the
Council proceed with this hearing rather than continuing the hearing until a later date in
which all Councilors will be present.
Mayor Jennings stated that this additional public hearing is being conducted by the City
Council specifically to hear and receive additional evidence on the subject of the impact
of Brown Street and Settlemier A venue by this proposed development. He stated that
Attorney Shields has advised him that testimony needs to be limited to those two items.
Director Goeckritz stated that the Council hearing was held on April 12, 1999 and,
following closure of the hearing on that date, the Council voted to deny the applicants
request for annexation. Several concerns were raised by the Council relating to the traffic
impact and, at the May loth Council meeting, the Council passed a motion to reconsider
its tentative decision and a new hearing date to address the traffic impact on Brown St.
and Settlemier Ave. was set by the City Council for this meeting. He reminded the
Council that if they decide to approve the annexation request, they also need to review the
zone change, conditional use, PUD, and variances which were incorporated in the
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proposal. He stated that the property consists of 61.9 acres and is located south of Parr
Road. He also summarized the applicant's request to develop the property into a Planned
Unit Development consisting of single family homes, a multi-family apartment complex,
and a neighborhood commercial center of small shops. He also summarized the
infrastructure and park improvements to be made which are being made in excess of the
system development charges being assessed for this development. Director Goeckritz
briefly explained the pavement and sidewalk responsibilities agreed to by the developer
as it relates to the connection of Brown Street to the development. A memo from
Director Tiwari was included in the agenda packet which detailed the recommendation
from public works on the Brown Street connection, right-of-way acquisition, Brown
Street paving south of Comstock Way intersection, sidewalk construction along Brown
Street, and submittal of engineering plans by the developer.
Councilor Figley expressed her concern regarding parking along Brown Street when the
street is only 24 foot wide and, if this plan is approved, the Council should consider
limiting parking to one side of the street once the street has been improved.
1600 Fred Gast. representing Polygon Northwest. expressed his appreciation to the Council for
the opportunity to come back to the Council on their proposal. He stated that they have
been working with staff to find a solution for not only this property but the impact on the
City's transportation system as a whole. He stated that they agree with the extensive
findings prepared by staff and confirmed by the Planning Commission. This project will
have several phases rather than being built out all at one time which should alleviate the
concern that traffic impact will be an immediate change rather than a gradual change. He
feels that they have developed a plan to mitigate for their impact and go beyond that to
add to the City's infrastructure. In regards to the prices of the homes, he stated that they
estimate the price range to be $130,000 to $180,000.
No one in the audience spoke either for or against the proposal.
Mayor Jennings declared the public hearing closed at 7:56 p.m..
Councilor Bjelland stated that the development seems to be very positive and feels that it
would rate high under the proposed growth management scenario if the point system is
adopted. The new conditions would significantly enhance the transportation needs of the
area by giving residents in the area a southwesterly exit and, assuming the developers
follow through with the types of buildings being presented, it will be a good anchor to
ensure quality development in the southeast portion of the City.
Councilor Figley stated that she would be changing her vote because the additional
improvements to Brown Street.
Councilor Sifuentez stated that her main concern is the Brown Street traffic and feels that
the additional conditions requiring the improvements to Brown Street will benefit the
area.
Councilor Pugh stated that he is concern with the City's transportation infrastructure but
feels that the conditions will solve some the of his concerns. He also thanked the
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developers for their willingness to continue working toward an agreeable solution on this
issue.
Councilor Chadwick also expressed her concern regarding traffic impact but felt that the
phase-in approach will lessen the immediate impact created by increased traffic.
Mayor Jennings complimented the developers on their willingness to contribute more to
the project in order to address the Council's concerns relating to Brown Street.
1990 FIGLEYIPUGH... staff be instructed to bring back an ordinance approving Boones
Crossing annexation #97-08, zone change #97-12, conditional use #97-03, variance #97-
12, and Planned Unit Development subject to the conditions of approval imposed by the
Planning Commission and the additional conditions of approval contained in the Public
Works Director's memo dated June 9,1999 and in the Exhibit entitled "Addendum" as
presented in this agenda packet. On roll call vote, the motion passed unanimously.
2031 PUBLIC HEARING - GROWTH MANAGEMENT AND ANNEXATION GOALS
AND POLICIES.
Mayor Jennings declared the public hearing open at 8:06 p.m..
Recorder Tennant read the land use statement required by ORS Chapter 197.
Director Goeckritz stated that the Planning Commission held several worksessions on this
issue and he summarized the Commission's findings. It was noted that the Commission
is recommending that Alternative A as proposed by staff report be modified to remove
the 5 year supply criteria since they felt it would be more difficult to administer and
would result in a first come-first served basis for developers to annex property.
Additionally, they decided to expand on the criteria and, to make it measurable, they
developed a point system to the criteria with a threshold that would have to be achieved
in order to have property annexed. He reviewed the proposed point system criteria which
would require the developer to meet or exceed 75 points in order to be considered for
annexation. He also stated that if the total points are less than 75, then the developer can
submit an appeal to the Planning Commission and City Council. Director Goeckritz
stated that the Land Conservation & Development Commission (LCDC) did receive a
copy of the proposal and their comments are included in the staff report. In summary,
LCDC did not object to the proposal.
Councilor Bjelland stated that the proposal targets density standards and it was noted that
a development would require a minimum of 6 residential units per acre thereby keeping
the lot sizes at 5,400 sq feet or less. Director Goeckritz reminded the Council that a
developer can submit an appeal to the Planning Commission even though they may not
meet the minimum points.
Further discussion was held regarding the lot size within a development and whether or
not a limitation should be set on the number of residential units per acre.
Councilor Bjelland also expressed his desire to add income diversification to Ll2 since
he feels it is not only beneficial to provide employment opportunities but those
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opportunities provide diversification of incomes so that economic development is
encouraged in a variety of income types. He also requested that "margin of choice" as
written in Annexation Policies (D-l-I) be defined so that the public knows what this
language means.
0120 Don Kelley, Attorney representing Dale Baker, expressed his opinion that the City would
receive endless requests for exceptions under the point system. He stated that the points
established for each criteria are arbitrary and does not feel that the weight given to
property abutting existing city limits versus other established criteria gives a balanced set
of priorities. He also stated that his client would like to go on record as saying that the
Council needs to examine the idea of annexations of residential properties where they can
help get the commercial or industrial land that the City needs by freeing up existing
property within the city limits for commercial or industrial. He also stated that his client
owns property along Butteville Road which is located outside of the Urban Growth
Boundary but they are hoping that the property designation will be changed when the City
updates its Comprehensive Plan.
Further discussion was held regarding the point system. Director Goeckritz stated that
point system would be used to test an applicant's proposal at the staff level for the
purpose of deciding if an annexation can move forward. The applicant will always have
an opportunity to appeal to the Planning Commission and Council if the points are below
the established level. Councilors expressed concern on the specific points allotted to each
criteria and suggested that staff consider additional criteria to add to the list and create a
range of points i.e. 1-10 so that each property can be looked individually as to how it
would benefit the City.
Discussion was also held on the Council's ability to meet in a workshop on this issue
before a final decision is made.
PUGHlFIGLEy.... continue the public hearing to July 26, 1999.
Attorney Shields stated that the Council will have a conflict in meeting in a workshop
setting during the period of time in which the public hearing has been continued since
both meetings are open to the public and testimony can be given on the issue.
Councilor Bjelland stated that the Growth Management Task Force is looking at densities
and it seems premature to be addressing it in the goals and policies before Council has
had an opportunity to look at the buildable lands and growth management issues.
The motion to continue the public hearing passed unanimously.
0784 Mick DeSantis, 173 McLaughlin Drive, encouraged the Council to publicize the next
hearing date in which testimony can be given so that individuals directly affected by
Council action on growth management and annexation policies will be able to give
testimony on the proposed policies.
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0840 SITE PLAN ACTIONS.
A) Modular Classrooms for W oodbum School District-
Mayor Jennings expressed his concern regarding the placement of 5 modular units for
classrooms at a total cost of $350,000 when, after the units are no longer needed by the
District, the modular units have no value. He requested that Councilor Sifuentez obtain
information from the School District on their future needs as addressed in their facilities
plan.
The Council took no action on the site plan.
0890 MAYOR AND COUNCIL REPORTS.
Councilor Sifuentez thanked the Council and numerous members of the community for
their support to her and her family following the death of her father.
Councilor Chadwick stated that she had attended the Centennial Park dedication and
those who did not attend missed a very good program.
Councilor Pugh stated that he filed a formal complaint against a property owner who left
old furniture along the curb with a "Free" sign on it. He suggested that property owners
who want to give away such items challenge the City to help find a means of getting rid
of the furniture rather than leaving it at the curb.
Councilor Figley stated that she has talked to numerous residents along S. Columbia but
she has not finished talking to all of the residents. She stated that she would be trying to
talk to the rest of the residents later this month. She also stated that, due to technical
problems caught by staff, the Capital Development project is not yet ready for final
Council action.
Councilor Figley stated that she had the pleasure of volunteering last weekend at the
Kmart Kids Race Against Drugs. Approximately $3,300 was donated by Kmart to
Woodburn Together, a local anti-drug charity, to continue their work in providing
programs designed to promote youth drug prevention. She also thanked the numerous
city employees who volunteered their time - Randy Westrick, Brian Sjothun, Key Club
members who are also lifeguards at the Aquatic Center, Recreation Program employees -
to help with this two-day event.
Mayor Jennings stated that he had recently read in the newspaper that Highway 214 had
been accepted as a Scenic By-way by the Oregon Transportation Commission. He
questioned if federal dollars would now be available for roadway improvements.
Administrator Brown that the City still has the commitments to I) provide funding to the
VISIT group to assist in purchase of materials, and 2) amend the City's sign ordinance to
prohibit billboards and neon signs from the scenic tour route area. Once those procedural
steps have been taken, the City would be eligible for funding which may include TEA-2l
funds.
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Councilor Pugh also stated that HE 2082 has passed the House and is now before the
Senate. If this bill is approved and signed by the Governor, it will provide the back-up
for a $600,000,000 State bond issue which may provide for improvements at the 1-5
interchange and Highway 214. He encouraged the local citizens to contact their State
Senator and promote passage of this bill.
1120 ADJOURNMENT.
FIGLEyIPUGH.... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:08 p.m..
APPROVED~' Q,.., Jl.~
RI ARDJENN GS, AYOR
ATTEST fl~~sf
Mary Ten<;Jnt, Recorder
City of Woodburn, Oregon
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