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Minutes - 05/24/1999 ._,. COUNCIL MEETING MINUTES MAY 24, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 24, 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 Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park & Recreation Director Westrick, Finance Director Gillespie, Public Works Manager Rohman, Library Director Sprauer, Management Analyst Smith, City Recorder Tennant 0043 ANNOUNCEMENTS. A) Centennial Park Dedication: Councilor Figley invited the public to attend the dedication ceremonies on Monday, May 31 ", 12:30 p.m., at Centennial Park. B) Workshop: Ajoint Council/Planning Commission workshop will be held on Monday, June 7th, 7:00 p.m., in the City Hall Council Chambers. The purpose of the workshop is to receive a briefing on the Highway 214 Traffic Alternatives Analysis and to obtain input from the public. Jerry Cotter, WCAT, introduced Judy Graves as their new Community Outreach and Production Coordinator. 0083 PRESENTATION - MID WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS. Dave Galati, MWVCOG Executive Director, provided a brief overview of COG's various activities and its purposes. He stated that COG is a voluntary program which primarily promotes intergovernmental collaboration. All members have an equal voice and ownership of COG is directly governed by the elected officials of the organization. COG is a non-partisan organization focusing on issues and not party platforms. During the past year, COG hosted a growth management summit and an infrastructure development conference, and a water/salmon recovery summit is scheduled for this fall. Page 1 - Council Meeting Minutes, May 24, 1999 T-' ._" h~, '."""~'-"" .__ .,,-___.,~ __._.,~ COUNCIL MEETING MINUTES MAY 24, 1999 TAPE READING COG has also been the principal staff support to the Mid-Willamette Area Commission on Transportation and he thanked Mayor Jennings and Councilor Pugh for being members of the Commission. Additionally, COG hosted meetings on Council training, budgeting, and conflict of interest issues. COG has also secured a $250,000 grant to provide equipment, training, and software support for an integrated computer map and data network involving 15 local governments. He stated that another purpose of the organization is to save money to member governments by sharing costs for services such as planning. Numerous grants from federal and private sources have been secured by COG to fund a wide variety of projects. 0350 CHAMBER OF COMMERCE REPORT. Kristi Olson, representing the Chamber Board, reminded the Council that Business After Hours will be held at the Woodburn Aquatic Center on May 27"', beginning at 4:30 p.m.. She also announced that Woodburn Company Stores will be holding a Job Fair on Tuesday, June I", between 9:00 am and 6:30 pm, at the Woodburn Family Medical Center. 0393 WOODBURN DOWNTOWN ASSOCIATION REPORT. Frank Lonergan, WDA Board member, informed the Council that there are two new businesses in the downtown area one of which will be a meat market located on Front Street and the other is a small Antique Mall and Doll Shop located at Grant and First Street. Complaints from downtown businesses owners that are now surfacing include some parking problems and signs of suspected drug dealing and prostitution. The WDA is looking into starting a Neighborhood Watch program as the first step in trying to stop this type of unwanted activitiy. They are also looking at alternatives to try operating an excursion train running between Woodburn and Silverton. Additionally, the Berry Museum will soon be opening a train exhibit. WDA is also looking at having murals painted on exterior walls and an anonymous donation in the amount of $3,000 has been received to paint a mural a building located at the corner of Grant and First Street. The WDA is also looking into a Saturday Market for the downtown area which would allow vendors to sell crafts or agricultural products. Lastly, the WDA would like to look at new lighting in the downtown area and hope to have $50,000 available next year to start on this project. 0533 COMMUNICATIONS. LETTER FROM POLICE CHIEF WRIGHT RE: RETIREMENT. Mayor Jennings stated that Chief Wright has decided to retire as of July 31,1999. More information will be made available at the next Council meeting. Page 2 - Council Meeting Minutes, May 24, 1999 r --..,-... --_.....,-----..,,"-_..~..... . COUNCIL MEETING MINUTES MAY 24, 1999 TAPE READING 0542 CONSENT AGENDA. A) Approval of Council regular and executive session minutes of May 10, 1999; B) Acceptance of Park Board minutes of May 11, 1999; C) Acceptance of Berry Center Museum minutes of May 12, 1999; and D) Building Activity report for April 1999. FIGLEy/SIFUENTEZ.... adopt the consent agenda as presented. The motion passed unanimously. 0560 Kirk Schmidtman, Attorney representing Charles Wilson (owner of building located at 347 N. Front Street), stated that he had prepared a document for the Council to review which outlines what has been going on at that location to date. Mayor Jennings stated for the record that the office of Engle & Schmidtman does private attorney work for him which has no bearing on the issue at hand. Attorney Schmidtman stated that the building has been a problem for the City for 6 years and Mr. Wilson is a local businessman who purchased the property in October 1998. He purchased the building for the purpose of making renovations and turning it into a viable investment. He had anticipated moving forward with renovations in a more timely manner, however, it appears that replies from lending institutions will be forthcoming within the next 2 weeks. It was noted that the engineering feasibility study has not been completed and there may be a need to take the building down and re-build if the cost to renovate is substantially higher than what is anticipated at this time. He stated that Mr. Wilson does have tenants interested in renting space and has support from the Downtown Association. He requested that the Council give Mr. Wilson an opportunity to keep moving forward with his plans and get the necessary financing without any abatement proceedings being filed by the City. Discussion was held between the Council and Attorney Schmidtman to clarify the progress of work to date and time period in which work might begin to correct the structural problems. The Council expressed concern with the length of time that it has taken for the owner to move forward with the engineering study and financing package even though Mr. Wilson has only been the owner since October 1998. The Councilors also expressed their concern regarding the structural stability of the building in its current state and continued delays may result in damage to adjacent buildings and/or pedestrian safety. 1222 COUNCIL BILL 1964 - RESOLUTION ENTERING INTO AGREEMENT WITH WOODBURN CABLE ACCESS TELEVISION (WCAT) FOR VIDEO PRODUCTION SERVICES. Council Bill 1964 was introduced by Councilor Chadwick. Recorder Tennant read the bill by title only since there were no objections from the Council. Attorney Shields stated that the reference to "Executive Director" has been modified in Page 3 - Council Meeting Minutes, May 24, 1999 r'~'- .~~---_._._.._-~.- - COUNCIL MEETING MINUTES MAY 24, 1999 TAPE READING the original copy of the Council Bill to read "Community Outreach and Production Coordinator" . On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1964 duly passed. 1285 COUNCIL BILL 1965 - RESOLUTION ENTERING INTO AN AGREEMENT WITH FINANCIAL CONSULTING SOLUTIONS GROUP TO CONDUCT A RATE STUDY AND SYSTEM DEVELOPMENT CHARGE (SDC) REVIEW FOR WATER SERVICE. Councilor Chadwick introduced Council Bill 1965. The bill was read by title only since there were no objections from the Council. Mayor Jennings stated that the study results will be reviewed by the Water Master Plan Task Force before it comes before the Council for any future action. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1965 duly passed. 1335 COUNCIL BILL 1966 - RESOLUTION CERTIFYING CITY'S ELIGIBILITY TO RECEIVE STATE-SHARED REVENUES DURING FISCAL YEAR 1999-2000. Council Bill 1966 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 1966 duly passed. 1364 COUNCIL BILL 1967 - RESOLUTION ENTERING INTO AN AGREEMENT WITH ROBERT DORTIGNACO. AlA. FOR EVALUATION OF CARNEGIE PORTION OF THE LIBRARY. Council Bill 1967 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. The Mayor declared Council Bill 1967 duly passed. 1395 CONTRACT A WARD #99-26: VARIOUS STREET REPAIR IMPROVEMENTS. Bids were received from the following contractors for surface course and treadway repairs to remove deteriorated asphalt on Myrtle Street, Willow Ave., Tierra Lynn, James Street, Garfield Street and Evergreen Road: Morse Bros. Paving, $44,473.75; Roy L. Houck, $51,362.25; Brix Paving Co., $53,025.00; North Santiam Paving, $53,902.50; Salem Road & Driveway, $61,848.65: and D & D Paving Co., $79,816.50. Staffrecommended the acceptance of the low bid from Morse Bros. Paving which is within 1 % of the engineer's estimate of $44,460.00. FIGLEY/PUGH... award the construction contract to the lowest bidder, Morse Bros. Paving, for various street repair improvements in the amount of $44,473.75. Page 4 - Council Meeting Minutes, May 24, 1999 r ___.._,__u.~.".. __^_"*_~_'_~_________. . ~ COUNCIL MEETING MINUTES MAY 24, 1999 TAPE READING Mayor Jennings questioned the extent of work to be accomplished with treadway repair. Director Tiwari stated that treadway repair involves the removal of asphalt, rock base and sub-base then it is replaced with new rock base and asphalt. The motion to award the contract to Morse Bros. Paving passed unanimously. 1474 CONTINUATION OF PUBLIC HEARING FROM MAY 10.1999: ZONE MAP AMENDMENT #99-01. SITE PLAN REVIEW #99-02 (DUPLEX LOCATED NEAR THE INTERSECTION OF YOUNG AND GATCH STREETS). Mayor Jennings declared the hearing continued at 7:48 p.m.. The Mayor stated that he lived at 595 Filbert Street which is located near the proposed project. He intended to ask questions regarding the proposal but, for the purpose of declaration, did not feel that he had a conflict of interest. Since there were no challenges, Recorder Tennant read the land use statement required under ORS Chapter 197. Community Development Director Goeckritz stated that the property originally consisted of tax lots 3200, 2200, 2000, and 1900 and all of the lots have now been consolidated into tax lot #3200. The original tax lot 3200 was already zoned residential multi-family. With the consolidation, the current zoning of lot 3200 is approximately 60% residential multi-family and 40% residential single family. The proposed amendment would re-zone the existing RS portion of the property to RM thereby allowing the construction of a duplex on the property. He stated that the request to re-zone the property is consistent with the Comprehensive Plan and the applicant has agreed to all of the conditions established by the Planning Commission. It was noted that the intent of the applicant is to build a single story duplex, however, the height of the buildings are not stipulated in the Commission's final order. Additionally, access to the duplexes will be off of Gatch Street and be 26 foot in width as per the recommendation of the Fire Department. No one in the audience spoke either for or against the proposed amendment and site plan review. Mayor Jennings closed the hearing at 8:00 p.m.. Discussion was held regarding potential parking along the driveway and a limiting the structure to a single story. FIGLEYIBJELLAND... direct staff to draft an ordinance supporting the decision of the Planning Commission with additional conditions that 1) duplex be single story and 2) "No Parking" sign be placed along the driveway, and staff prepare findings of fact and conclusions supporting this decision. The motion passed unanimously. 2095 PUBLIC HEARING: WOODBURN COMPREHENSIVE PLAN AND ANNEXATION GOALS AND POLICIES #CP 99-01. ZO 99-01. Mayor Jennings declared the public hearing open at 8:06 p.m.. Page 5 - Council Meeting Minutes, May 24, 1999 I"~ .-.. ---........-- ~...__...___.,..,~__._.________w..~__,..__ COUNCIL MEETING MINUTES MAY 24, 1999 TAPE READING PUGHlSIFUENTEZ... continue this hearing to June 14, 1999 at 7:00 p.m.. The motion passed unanimously. 2134 PUBLIC HEARING: APPEAL OF SITE PLAN REVIEW #99-01 (WOODBURN ANIMAL CLINIC LOCATED ON EVERGREEN ROAD). Mayor Jennings declared the public hearing open at 8:07 p.m.. Councilor Figley stated that she had spoken with the appellant prior to the appeal being filed and have not spoken with him since other than to say that she would see him at the hearing, and that she regularly does business with the appellant, Dr. Paradis, and with Mr. Engle. She also stated that she had visited the site yesterday. Councilor Pugh stated that he had prior discussion with Dr. Paradis and with Gary LaPointe, however, none of these conversations have affected his thinking in terms of a final decision. Mayor Jennings stated that Bob Engle is his personal attorney which has no bearing on the questions he may ask at this hearing. Since there were no challenges, Recorder Tennant read the land use statement required under ORS Chapter 197. Community Development Director Goeckritz stated that the subject property is located on the west side of Evergreen Road north of Motel 8 and is in an area zoned CR (commercial retail) of which a veterinary clinic/hospital is a permitted outright use. The structure encompasses approximately 4,200 square feet and approximately 40% of the totallot will be landscaped. He stated that it is his understanding that there is a partnership agreement between McDonalds Corp., Peninsula Group (Motel 8), Exxon, and Woodburn Animal Clinic regarding the private roadway between Lawson Way and Evergreen Road. The structure meets the land use criteria and they will have 20 parking stalls which lie on their property but along the private driveway area. He stated that the applicant is willing to meet all the conditions in the staff report, and the Planning Commission, after taking into consideration all of the testimony presented at the hearing, did not want to address the private drive issue since they felt it was outside of their jurisdiction. The appeal was filed on April 30, 1999 and the Commission's decision was final on April 26, 1999. 2884 Following a brief discussion on procedure, it was decided that the appellant, Gary LaPointe, would present his testimony first and the applicant would respond to issues brought forth by the appellant. Gary LaPointe, owner of Exxon, stated that, in his opinion, the applicant is not a part of the current agreement even though the applicant may become a part of the easement agreement for the purpose of maintenance/upkeep of the private roadway. He also stated that there is a stipulation in the easement agreement about providing official notice to all Page 6 - Council Meeting Minutes, May 24, 1999 'I . .' .."..._._--_.~_..._....~-~"'---_.,-~ COUNCIL MEETING MINUTES MAY 24, 1999 TAPE READING affected parties of changes to agreement and he did not feel that McDonalds had complied with the notice requirements. One concern is that the driveway is to be used for ingress and egress only and, if ODOT places a median down Highway 214, traffic volume will increase on the private roadway since motorists will take the shorter route to get back to Hwy. 214 and 1-5. The parking space design as shown on the site plan provides for 12 head-in parking spaces directly from the private driveway area and the remaining spaces will be on the west side of the property. Cars would reverse out of the parking stall directly onto the private roadway area and, in his opinion, this is a safety hazard. He suggested that the site plan be modified to reduce some of the landscaped area and move the building further north by five (5) feet to give the parking stalls more length. His preference would be to place a landscape strip next to the roadway and parking stalls would be internal with one or two driveway accesses into the clinic. Another issue that has not been solved to date involves tying into the sewer and storm drain lines of Motel 8. 0240 Bob Engle, attorney representing Dr. Paradis, stated that the easement agreement refers to a 36' private right-of-way that includes a sidewalk. The property lines go to the center of the improved roadway but the use of the private property go with the ingress/egress easement. He objected to the statement made in Mr. LaPointe's letter referring to the parking stalls on the easement area since the parking area will be outside of the easement area. He briefly reviewed his legal interpretation of the easement agreement on definition of parties to the agreement and notice requirements which differs from Mr. LaPointe's interpretation. In regards to a potential hazardous situation as it relates to parking, he presented pictures to the Council which show how much room is available for parking that is outside of the easement area and on Mr. Paradis's property. He reminded the Council that the parking configuration is not unusual for private roadway situations and showed pictures of the Wal-Mart, Fairway Plaza, and McDonald's parking areas which have parking spaces that are along private roadways. He reiterated that, in this case, the parking configuration was designed to best meet the needs of the applicant. In regards to the drainage issue, there is an existing catch basin on Mr. Paradis's property on the west side of the property. When the Peninsula Group (Motel 8) built their facility, they removed the original line and realigned the storm drainage over to their property and then out to Evergreen Road. He stated that a detention pond is being created to control the flow of water thereby eliminating flooding to surrounding properties. He distributed copies of a letter from Bill Ringnalda, Consulting Engineer, addressing the catch basin issue and storm water runoff. 0928 Bill Ringnalda, Engineer representing applicant, described the current catch basin conditions on the property and the proposed changes to redirect the drainage to tie into the manhole that was put in by the owner of Motel 8. He stated that the detention pond will handle the runoff from a very intense storm and, for water to get within a foot of the Page 7 - Council Meeting Minutes, May 24, 1999 r~ .-.-. _..._--._., _.._..__.".,~.~-"~."---.._~--'~._- - COUNCIL MEETING MINUTES MAY 24, 1999 TAPE READING floor of the motel, the water would be running across the sidewalk out to Evergreen Rd. six inches deep. If this were to happen, there would be another problem with the line or major flooding throughout the city. 1141 Dr. Pat Paradis, owner of Animal Medical Clinic, stated that, on a busy day, his business serves approximately 40 clients per day which is spread out over an 8 to 12 hour day. He also has 6 employees who will be using the back parking spaces and the clients will park in the 12 available spaces along the private driveway. By moving to the new location, he does expect some growth in his business but realizes that there will be times when no cars will be at the business or other times when it may be full. Discussion was also held regarding the distance from the curb to the edge of the driveway easement. Randy Saunders, RSS Architecture, stated that Mr. Ringnalda completed a survey of the property after the original site plan was submitted. The original site plan shows a 19' distance, however, in actuality, it will be a 23' distance from the edge of the easement to the curb based on the plan to be submitted to the Building Department. 1310 Gary LaPointe, agreed with Mr. Engle that the easement is 15' on either side ofthe centerline plus a 6' sidewalk for a total of 36 feet. In his opinion, he does not feel that Section 3.2 of the easement agreement applies, and Section 3.1 is in the agreement for the purpose of not taking anything away from those who are a party to the easement. He reiterated that he has been concerned with the parking depth. Since the original site plan shows a parking depth between IT and 19', he questioned as to how the Planning Commission could approve a site plan without accurate dimensions. He reminded the Council that the parking spaces at McDonalds are at an angle and do not block the roadway when going either in or out of the parking spaces. Lastly, the drain on the subject property was in before any development took place in that area but there are differences of opinion between the parties as to why the line relocated. Director Tiwari stated that the applicant will be required to have a detention pond on their property and, if the water goes to another private property, there should be some type of agreement between the private parties, otherwise, they would need to discharge the water to the public system. 1769 Bob Engle stated that he did not think that the City wished to get to involved in the easement and storm drainage situation, however, he reiterated that the catch basin is on Mr. Paradis's property and, the Peninsula Group, at their own expense, made a decision to move the whole storm line. In his opinion, there is an implied easement and the applicant could use the same drain lines that have been there all along. Randy Saunders reiterated that the building permit drawings will show parking stalls with a 23' depth from the easement to the curb. Page 8 - Council Meeting Minutes, May 24, 1999 r .-_.. -'---...-_..._._-,.._"_.........,,"._~----~---_.._,-._.-....,._-~ "I 1 COUNCIL MEETING MINUTES MAY 24, 1999 TAPE READING Mayor Jennings declared the public hearing closed at 9:28 p.m.. Councilor Pugh felt that the legal issues were well presented and, since it is a private driveway, does not feel that the actual location of the parking stalls should be a basis for overruling the Planning Commission's decision. Councilor Bjelland stated that the parking issue seems to be the most important contention and its impact on the easement. The applicant has stated that the parking stall depth will be 23 feet which helps to address this issue, however, the sewer and storm drain lines is a private party issue and they will have to take care of that situation before building permits are issued. Councilor Kilmurray agreed that the 23' depth parking stalls are necessary to meet safety concerns. Councilor Figley also felt that her concerns on the parking have been answered and the easement issues are specific to the parties to the easement and not the City. Councilors Sifuentez and Chadwick also expressed their agreement to the site plan with the 23' parking stall. Attorney Shields stated that the Council can impose additional conditions in a final ordinance. 2214 BJELLAND! PUGH... deny the appeal of SPR #99-01 and instruct staff to prepare findings of fact to support the site plan review with the understanding that the findings of fact will include verification of the 23 feet from the parking stall curb to the easement. On roll call vote, the motion passed unanimously. 2255 SITE PLAN REVIEW #99-08: RECREATION & PARKS MODULAR UNIT AT SETTLEMIER PARK. No action was taken by the Council on this site plan review case. 2288 CITY ADMINISTRATOR'S REPORT. Administrator Brown informed the Council that the home he has been renting has sold and that he has been looking for another home to rent. Under the charter, he is to reside within the city limits, however, finding suitable rental housing is very difficult at this time. He has found a rental home located approximately 4 miles outside of the city limits and requested that the Council allow him to rent the home until such time as he is able to purchase a home in the area. Councilor Pugh expressed his opinion that the charter should be changed to allow the Administrator to reside either in the Urban Growth Boundary or to eliminate the residency requirement. In the meantime, he supported the Administrator's request to reside within a reasonable distance from the City. Councilor Kilmurray stated that she would have no problem in allowing the Administrator to live outside of the City for a period of time not to exceed 1 year but felt that Administrator should live within the City since the Administrator makes major Page 9 - Council Meeting Minutes, May 24, 1999 r _...._.~.._.~-~--'<-._-~-.'.".,- . . ...,. COUNCIL MEETING MINUTES MAY 24, 1999 TAPE READING decisions that affect the community. Councilor Sifuentez felt that the Administrator should live within the City but was agreeable to allowing him up to one year to find a suitable home within the City. Councilor Chadwick also agreed to his renting a home outside of the city, however, whenever the time comes, he should purchase his home in Woodburn. Brief discussion was held regarding the placement of a charter amendment on the ballot to address this issue. Mayor Jennings stated that he had mixed emotions about the residency requirement and expressed concern regarding the legality of such requirement based on its constitutionality. He also stated that an election on this issue would need to be held in the year 2000 otherwise the double majority vote would be applicable. 2635 FIGLEYIBJELLAND.... acknowledge the Administrator's statement that he intends to live outside the Urban Growth Boundary in a rental home until such time as he can look for home in the city limits. The vote on the motion was 5-1 with Councilor Pugh voting nay. 2717 MAYOR AND COUNCIL REPORTS. Councilor Bjelland stated that the first meeting of the Marion County Urban Growth Management Project was held last Monday. It is anticipated that this project will take two years to complete and the results will be of interest to the City in the planning of our future. Additionally, he has been appointed to the Steering Committee for this Task Force. 2773 EXECUTIVE SESSION. FIGLEY/SIFUENTEZ.... adjourn to executive session under the authority of ORS 192.660(1)(f) and ORS 192.660(l)(h). The motion passed unanimously. The Council adjourned to executive session at 9:48 p.m. and reconvened at 10: 12 p.m.. 2786 Following the executive session, Mayor Jennings stated that no decisions had been made in executive session. FIGLEYIKILMURRA Y... City Council direct the City Attorney to defer the filing of an action under the Dangerous Building Ordinance concerning the property located at 591 N. Front Street (IOOF building) for a period of 30 days. The motion passed unanimously. Page 10 - Council Meeting Minutes, May 24, 1999 ,--- .._~_._.._..y.._.__._~-""'-,._~,. - COUNCIL MEETING MINUTES MAY 24, 1999 TAPE READING 2815 ADJOURNMENT. FIGLEY/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:15 p.m.. APPROVED_~. _ RIC ARD JEN , MA y~ ATTEST fY(~~+ Mary Tenn t, Recorder City of Woodburn, Oregon Page 11 - Council Meeting Minutes, May 24, 1999 ,-- "--'-_."-"------,...._._-_._-,-"._._-~--- -