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Minutes - 05/10/1999 COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING 0001 DATE, COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 10, 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, Public Works Manager Rohman, Community Development Director Goeckritz, Park & Recreation Director Westrick, Police Chief Wright, Finance Director Gillespie, Library Director Sprauer, Management Analyst Smith, City Recorder Tennant 0043 ANNOUNCEMENTS, A) Budget Committee Workshop: The last workshop before the hearing will be held on Saturday, May 15, 1999,9:00 a.m., in the City Hall Council Chambers. B) Budget Committee Meeting: The Budget Committee will hold the public hearing on the 1999-2000 City budget on Monday, May 17,1999,7:00 p.m., in the City Hall Council Chambers. C) Woodburn Household Hazardous Waste Free Collection: This annual collection will be held on Saturday, May 22, 1999, 10:00 am to 4:00 pm, in the Wal-Mart parking lot. D) Centennial Park Work Party: On Saturday, May 15th, 9:00 am., volunteers are encouraged to assist in the assembling of playground equipment and assisting with other miscellaneous projects at Centennial Park. APPOINTMENTS . LIVABILITY TASK FORCE STEERING COMMITTEE, Mayor Jennings appointed the following individuals to serve on the Livability Task Force Steering Committee: Nancy Kirksey, Jo Ann Bjelland, Mike Bergeron, Jane Christoff, Pete McCallum, and Hazel Smith. FIGLEY/SIFUENTEZ.... appointments to the Steering Committee be approved. The motion passed unanimously. Page I - Council Meeting Minutes, May 10, 1999 1~-- "..-.-. --.,...-.__._.__._-_..~-_...._-_._-_.- 11 I COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING 0125 PRESENTATION. V,I,S.I.T, REPRESENTATIVE RE: SILVER CREEK FALLS SCENIC TOUR DESIGNATION, Ben Gentile, V.I.S.I.T. (Valley Inter-cooperative Strategies to Increase Tourism), stated that they are a non-profit organization with a goal of economic development through tourism in the Mid-Willamette Valley and they work closely with the Chamber of Commerce groups in this area. He stated that the scenic by-way program was initiated at the federal level about 10 years ago to protect roads in the United States similar to the way protection has been extended to national and state parks. Oregon has 12 scenic by- ways which is the most in anyone state. The scenic by-ways are marketed nationally and internationally for tourists to visit those areas. Developing tour routes is another part of this program and tour routes are designed to get people into your community. V.I.S.I.T. is proposing the development of a tour route beginning at 1-5, following Hwy. 214 to Settlemier, down Settlemier to Garfield, then out to Hwy. 99E. The route would continue to Mt. Angel, Silverton, Silver Falls, Sublimity, Aumsville, Turner, and end at 1-5 near the Willamette Valley Vineyards. The Silver Creek Falls Scenic Tour is one of 4 routes that has received conditional approval, however, Woodburn will need to make modifications to its sign ordinance in order to meet final approval under the program. He stated that the scenic by-way rules do not allow off-premise advertising signs along the by-way and V.l.S.I.T. is requesting that the Council consider passing a motion to begin the process of making necessary sign ordinance modifications to comply with the scenic by-way rules. Administrator Brown stated that staff is in the process of amending the sign ordinance at the Planning Commission level. PUGHlFIGLEY,.. endorse this scenic by-way project and pursue modifications to sign ordinance as requested. Mayor Jennings stated that this project could bring the City some additional federal T-21 dollars to maintain the roadways along the scenic route. The motion passed unanimously. 0341 PROCLAMATION. POLICE WEEK. Mayor Jennings read his proclamation declaring the week of May 9 - IS, 1999 as Police Week in Woodburn, and May 15,1999 as Police Memorial Day in memory of police officers who have died in the line of duty. PROCLAMATION. PUBLIC WORKS WEEK. Mayor Jennings also declared the week of May 17-21, 1999 as Public Works Week in Woodburn. He reminded the public that, as part of this annual recognition to Public Works, riding the Transit Bus will be free to all individuals. Page 2 - Council Meeting Minutes, May 10, 1999 COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING 0470 CHAMBER OF COMMERCE REPORT, Kristi Olson, representing the Chamber Board, informed the Council that on May 13, 1999,4:30 p.m., Business After Hours will be held at Silver Creek Assisted Living, 702 Evergreen Rd.. Additionally, the Chamber is now looking for contributions for landscaping plants and volunteers to do some landscaping around the Welcome to W oodbum sign. She also stated that the Chamber visitor count for April 1999 during the Tulip Festival time period was 725 which is down from last year's count of 930. 0520 CONSENT AGENDA, A) Approval of Council minutes of April 26, 1999; B) Acceptance of Planning Commission minutes of April 22, 1999; C) Acceptance of Park Board minutes of April 13, 1999; D) Acceptance of Library Board minutes of April 28, 1999; E) Acceptance of Human Rights Commission minutes of March 4, 1999; F) Approval of Claims for month of April 1999; G) Receipt of Police Department activity report for March 1999; and H) Receipt of Public Works Week program. FIGLEYIPUGH.., consent agenda be adopted as presented. The motion passed unanimously. 0535 COUNCIL BILL 1962 - RESOLUTION ENTERING INTO AN AGREEMENT FOR LABOR RELATIONS SERVICES, Council Bill 1962 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 1962 duly passed. 0570 COUNCIL BILL 1963 - RESOLUTION APPROVING INSTALLATION OF STOP SIGNS IN THE IRONWOOD ADDITION OF TUKWILA SUBDIVISION, Council Bill 1963 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 1963 duly passed. 0595 REOUEST TO REVIEW AND REOPEN CONSIDERATION OF BOONES CROSSING PUD. FIGLEYIPUGH.., reconsider its tentative decision in annexation case #97-08, zone change #97-12, conditional use #97-03, variance #97-12, and Planned Unit developement #97-03 and direct the staff to re-notice and re-open an additional public hearing in order to hear additional evidence on the subject of impact on Brown and Settlemier A venues, to occur on June 14, 1999. Page 3 - Council Meeting Minutes, May 10, 1999 ,.-,. . '-~""-~--r--~---"""'---"'----'--~-- 11 1 COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING Councilor Figley stated that if people have additional evidence to provide the Council prior to making the final decision, the Council should, in fairness, give them an opportunity to present that evidence. On roll call vote, the motion passed unanimously. 0653 CONTRACT AWARD: EMERGENCY REPAIR OF PUMP FOR CENTENNIAL WELL. An emergency repair to Centennial Well located on National Way is necessary before high water usage is experienced as a result of the summer months. Staff requested that the quote from Queen City Pump in the amount of $7,521 be approved by the Council in order to have repair work to the bearings and shaft done at the same time this company is installing sensor equipment on this pump to determine static water levels. FIGLEYIKILMURRA Y... approve a contract with Queen City Pump for emergency repair of the pump at Centennial Well in the amount of $7,521.00. The motion passed unanimously. 0675 COST SHARING AGREEMENT FOR ARNEY ROAD AND HWY. 219 IMPROVEMENTS: Woodburn Comoanv Stores, Steve Craig, Woodburn Company Stores, stated that his company has been trying to arrive at a Fair Share Agreement which involves an agreement between 8 property owners and 2 public agencies. He stated that a condition attached to his development was the formation of a local improvement district (LID) for the purpose paying for this improvement, however, several property owners were against the LID. As part of their research, they concluded that a development agreement was the most expedient and cost efficient way of moving forward with this improvement. With the assistance of their attorney and the City's Attorney and Administrator, he feels that they are in a position to present to the Council two proposed development agreements. One development agreement would be for the traffic signal and the other agreement would be for the extension and widening of Arney Road and Willow Avenue. He feels that the property owners are in support of these agreements. Attorney Shields has drafted the development agreements, however, they would like to include language in the indemnity clause that would accept claims for gross negligence on the part of the City or wilful misconduct. He stated that the property owners would be expending approximately $825,000 for the required roadway and traffic light improvements. Another issue he discussed with the Council is the completion of these conditions prior to occupancy for the stores. He stated that the original conditions do not specifically address the occupancy issue and, even though he realizes that the work needs to get done as soon as possible, he is at the mercy of the City and State for issuance of permits. He presented the Council with a plan for completion of the work and, if work is able to start immediately, all work should be done by July 20th. He expressed his desire to work in concert with the City to get the Page 4 - Council Meeting Minutes, May 10, 1999 - - COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING improvements done as soon as possible. Lastly, before a contract can be executed with the contractor, there needs to be an understanding with the City on the cost sharing plan so that work may begin immediately. 0937 Councilor Figley expressed her concern in not having the improvements completed before the center is open due to the large influx of traffic. Mr. Craig stated that they would like to have all of the work completed before the center is open. However, there will be some minor improvements being made such as signage, striping, etc., after the July 20th date. The anticipated full completion date is August 2nd which is in advance of the scheduled Grand Opening date of August 19'h. He stated that they are very appreciative of the assistance provided by Administrator Brown in getting the work done to date. Mayor Jennings requested clarification of the work that the City is requesting to be completed that is outside of the established conditions. Mr. Craig stated that it involved an overlay on Highway 219 that the Public Works Director suggested as an inclusion and, when brought to the Administrator's attention, he has agreed to the City being responsible for the work. Mayor Jennings expressed his opinion that the pavement must be laid before the center is open to the public. Mr. Craig stated that the first lift of paving is scheduled for completion prior to July 15th and he requested Council acceptance of his proposal to allow the center to open following the laying of the first lift of paving. In regards to the traffic light, he stated that, according to the schedule, the lights should be operational by the end of July. He reminded the Council that the schedule presented to them at this meeting is dependent upon the issuance of permits tomorrow. 1286 Administrator Brown stated that the numbers supplied by Mr. Craig are based on construction bids and the Public Works Dept. is currently reviewing the bids to see if there are some efficiencies that would lessen the final cost of the improvements. He reminded the Council that the City would be a party to the agreement but would not be part of an enforcement role since there is nothing in the document that addresses a "what if' situation if someone does not pay. The agreement calls for voluntary signing based on their understanding of their benefit to be received from the specific improvements. Attorney Shields stated that the actual agreement is a 76 page document and he has made several form changes. However, he strongly advises the Council to retain his original language regarding liability since it serves to protect the public's interest in the event there is future litigation. He reiterated that the developer would not have had liability if the LID process was followed. The City will be a party to the development agreement, but not a private party, and the non-liability language in this proposed agreement mirrors the language used in the Wal-mart development agreement. He also stated that the City's condition was to establish an LID and, if an LID is not established, it is the Council's Page 5 - Council Meeting Minutes, May 10, 1999 .,._._~ ."-.---'-'- ...--~>-'-'T"-'--.-,.-~--., ,'".~",,-~"-" T! 1 COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING decision as to how the parties come to an agreement. 1578 Administrator Brown expressed his concern that all concerned parties may not want to sign the development agreement. It is his belief that the developer is responsible for the road improvements but at a fair share of the total costs. Other property owners will benefit in both access and an increase in their property value due to the factory store project. In the event the development agreement is not signed by all parties, he suggested that a reimbursement district be formed and the Council would be asked to establish a fair share for each of the properties based on an engineering analysis done by the Public Works Department. A reimbursement district would provide an enforcement tool in which properties not currently developed would be required to pay their fair share prior to being issued permits. FIGLEyIPUGH..... applicant be allowed to proceed with an agreement in lieu of assessments functional equivalent of an LID as a mechanism to complete the financing of the Arney Road and Hwy. 219 traffic signal improvements and, if the applicant is unable to secure the signatures of the owners of the benefitted properties located within the City on this agreement, the City Council initiate the formation of a reimbursement district upon the improvements. On roll call vote, the motion passed unanimously. 1835 Administrator Brown stated that the City staff will give the developer their full cooperation to expedite the permit process. Two issues that need to be clarified are I) timing of the improvements and 2) Council's wishes on the indemnification clause. During Council discussion on the improvement issue, it was the consensus of the Council to have the roadway (paving improvements) completed by the July 15th opening date and they suggested that the second lift of paving be laid in the evening hours rather than daytime hours. Mr. Craig stated that the traffic light is on order and it is anticipated to be operational prior to the Grand Opening. PUGHlFIGLEY... accept Attorney Shields advice regarding the indemnity language. The motion passed unanimously. 2100 REVIEW OF OPTIONS ON MONTEBELLO SUBDIVISION, Mayor Jennings recommended that the Council adopt the option of status quo and, if adopted, he and Councilor Figley will personally visit every resident on the west side of Columbia Drive to talk to them individually. He stated that he did not feel that the City is in a position to hold up the Montebello development any further and, since a consensus could not be reached when staff met with all parties, he feels that meeting with each owner will be more beneficial to arriving at a solution. Harold Spohr, 813 S. Columbia Dr., distributed a letter to the Council which suggested that another meeting be held with the residents living on the west side of Columbia which Page 6 - Council Meeting Minutes, May 10, 1999 - . COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING would address the following: I) legal opinion on transfer of property to affected property owners, 2) definition of utility easement and impact on the property owner, 3) decision on the split of the property if vacated, and 4) discussion on final recommendation to be forwarded to Council for consideration. Mayor Jennings reiterated that he would like to have an opportunity to meet with property owners individually since they will each be impacted by the final decision. Councilor Figley stated that she would like to meet with the owners to arrive at a workable solution. She also felt that there needs to be a resolution to this issue and that the City not hold up Capital Development Company on this project. PUGHlSIFUENTEZ,...leave this review of the status quo until the Mayor's investigation is complete and release Montebello Subdivision by allowing them to proceed on course. Attorney Shields stated that staff will prepare an ordinance since a final land use action needs to be taken. Councilors Pugh and Sifuentez agreed to direct staff to prepare an ordinance for the next meeting. The motion passed unanimously. Mayor Jennings stated that he will be in touch with the property owners within the next 10 days. The Council took a recess at 8:23 p.m. and reconvened at 8:33 p.m.. 2630 PUBLIC HEARING ON ZONE MAP AMENDMENT #99-01 AND SITE PLAN REVIEW #99-02: DUPLEX LOCATED NEAR INTERSECTION OF YOUNG AND GATCH STREETS, It was announced that this hearing will be continued to May 24, 1999 at 7:00 p.m.. 2650 PUBLIC HEARING ON ANNEXATION #98-03. PLAN MAP AMENDMENT #98- 02. AND ZONE CHANGE #98-04: WOODBURN COMPANY STORES, Mayor Jennings declared the public hearing open at 8:35 p.m.. Recorder Tennant read the land use statement required by ORS 197. Director Goeckritz entered the staff report and following exhibits into the record: Exhibit I) Application by Woodburn Company Stores for Phase II; Exhibit 2) Woodburn Factory Stores Phases II and ill by Kittleson & Associates, Exhibit 2a) Woodburn Factory Stores Phases II and III transportation impact analysis technical appendix. In addition, the staff has distributed a letter from David Phillipi, Stole, Rives, LLP Associate, relating to the ODOT and LCDC issues. Mayor Jennings questioned if the letter from the Department of Transportation was an exhibit that should be entered into the record. Page 7 - Council Meeting Minutes, May 10, 1999 r" -'_.-.,.~_..--._~......~_..."..-_..,._~_.~. .....,.-.......- ---~-_.__.._.~..--.._._-_.._,.- 11 I TAPE READING COUNCIL MEETING MINUTES MAY 10, 1999 Director Goeckritz stated that the letter has been included in the staff report. He stated that the Planning Commission had approved an order recommending the annexation of approximately 8 acres with a Comprehensive Plan map amendment from RM to Commercial and a zone map amendment from Urban Transition Farm (UTF) to Commercial Retail. The Commission also established three conditions that they would like the Council to adopt: I) improvements required to address traffic impact shall be determined at the time of site plan review based on traffic impact analysis that incorporates considerations of Phase I of the Factory Outlet Center; 2) access improvements required along the north line of the property line shall be determined at the time of site plan review; and 3) delineation of the wet lands will need to be reviewed. He stated that the Center was originally approved in 1998 and Phase I of the project provides for approximately 243,000 sq. feet of structure. Phase II would consist of approximately 162,000 sq. feet which will include some build out of the original 28 acres plus incorporating a portion of the additional 8 acres. The total build out of this facility will be about 405,000 sq. feet. Staff feels that they have adequately addressed all of the land use goals, along with the comprehensive plan and zoning criteria, in this application. He referenced letters submitted by the Oregon Dept. of Transportation (ODOT) dated May 5, 1999 which provided the City with alternatives on how to resolve concerns ODOT may have with this proposal. Director Goeckritz identified the following alternatives the Council could consider: 1) land use action conditioned on applicant going through site plan review process and meeting Transportation Planning Rule requirements at that time; 2) zone change be restricted to use of a factory outlet mall; and 3) City continue action on the land use action and order applicant to revise the TIS to eliminate I- S interchange improvements from the 2015 analysis. Director Goeckritz also referenced a letter from LCDC dated March 22, 1999 which was submitted after the Planning Commission had approved their final order. This memorandum presented several issues relating to compliance with statewide planning goals, statutes, and regulations. He stated that staff feels that Goal 9 is adequately addressed since the additional stores will have a positive impact on the community. In regards to Goal 10, the City may need to work on land availability for the 4 acres of multi-family residential land that is being proposed to change to Commercial but he feels that it can be accomplished. He also stated that LCDC is requesting that a refinement study be completed first before further development occurs which could be two or more years before it is reviewed and adopted. Additionally, they are suggesting that the buildable lands inventory be adopted which could be another year or two before it is completed. Director Goeckritz expressed concern over LCDC's comments since he felt that approval could be substantiated and, if necessary, staff would want the applicant to carry forward Page 8 - Council Meeting Minutes, May 10, 1999 11 , T-~ ...-"-_..,~~ "'~-'-' '~----r-- COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING any appeal of this action to the Land Use Board of Appeals. He also reiterated that the Commission and staff have recommended that any site plan approval be subject to another traffic impact study which would give consideration to both Phase 1 and Phase IT in combination with any other development that has occurred. Mayor Jennings asked if any of the Councilors wanted to declare a conflict of interest or ex-parte contact before further testimony is received on this issue. No declarations were made for the record. 0900 Mike Robinson, attorney representing Craig Realty Group, entered into the record a memorandum dated May 6, 1999 from City staff which relates to the work in progress to identify the City's buildable lands inventory. In regards to ODOT's letter, they do not feel that this project will not have a significant effect on transportation facilities under state rule. He stated that the first transportation study was completed in 1992, the second one was completed in 1998, and the third one completed in May 1999. The Transportation System Plan described alternatives that could be done to improve the interchange, however, a refinement plan needs to be completed before a final decision is made on which alternative to select. He stated that the refinement plan requirement does not invalidate the Transportation System Plan nor does it require the City to wait until the plan is completed before further development takes place. Mr. Robinson expressed his opinion that the rule only requires the Council to look at what the impact development would have over the next few years at the 1-5 intersection. He stated that the study shows that changes recommended in the traffic study will be sufficient and he reminded the Council that the Transportation System Plan adopted in 1996 had already considered the amount of traffic generated by this type of development. He also stated that multi-family residential generates higher impact Monday through Friday during the same hours many other motorists are on the roadway whereas the outlet center generates the highest impact on Saturday and Sunday. In regards to the limitation of a factory outlet center only at this site, he agreed that this would be an acceptable condition of approval. The third issue brought up by ODOT is a site design issue and stated that, if approved, they could write the necessary findings but defer the specific fact finding until the site development review approval. Mr. Robinson then responded to the issues brought forth by LCDC. He expressed his opinion that the City's acknowledged plan relating to buildable lands shows that there is a housing surplus of multiple family units. In regards to Goal 9, economic development, this project would be a benefit to the City and surrounding area since it will bring tax dollars and jobs into the area. He also expressed his opinion that the 45 day notice rule to LCDC has been met since the City mailed the notice to LCDC in late February. In regards to the Planning Commission's condition on the traffic impact study, he requested that the Council not adopt this condition for the following 3 reasons: I) by law, the Council needs to make decisions on traffic impacts, 2) site design review criteria considers access to the street but not off-site traffic impacts, and 3) the City has Page 9 - Council Meeting Minutes, May 10, 1999 ,..-. "~-"""'-""-""'-"'"--".~'"r""'-""-'~-_._---" " 1 COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING already been presented with 3 traffic studies for this area and have required substantial improvements to date. He asked the Council to follow the Planning Commission and staff recommendation to approve this application with the exception of the additional traffic study. 0850 Gary Katsen, Professional Civil & Traffic Engineer with Kittleson & Assoc, provided additional comments on ODOT'S comments regarding the refinement study. He stated that the City is moving forward on their advanced planning for Highway 214. The Transportation System Plan outlines improvements to be made throughout the 20 year period of the TSP. Of the 5 year improvements identified, 6 of the 7 or 8 improvements have been conditioned on developments in the area and are moving forward. The 7th improvement is the Hwy. 214 project which has also been gaining momentum. The traffic study looks at a worse case scenario in which there is only one interchange for the City during the next 20 years. He stated that there has not been any technical assumptions brought forth by ODOT or LCDC that would indicate that the study provides incorrect information. The traffic study provided for a phase in approach for the development to 2003 and then it looked at a scenario to 2015. It was noted that Phase II (approximately 3.5 acres) and Phase ill (approximately 4.5 acres) would be built in separate phases. 1045 Steve Craig, applicant, stated that 2 or 3 separate meetings with ODOT had been held to review the criteria used in the study. They have received no comments from ODOT that would indicate that the data was unacceptable therefore, the most recent analysis could be used by the Council in making their decision. He stated that they had originally intended to come before the Council last year with the full development plan rather than by project phases. City staff had requested the phase approach since their staffing level was limited and, for the purpose of accommodating staff, they agreed to do the project in phases. He reminded the Council that they will be investing about $4.5 million in roadway improvements (on and off-site) as part of Phase I. He requested that the traffic issues be addressed at this time since it is unknown as to what the conditions may be two or three years into the future. In regards to the wetland condition, he stated that he would support that condition and they have retained a firm to complete a wetlands delineation study. Lastly, with the purchase of the 8 acres, the Stampley's were given a 60' easement along Craig Realty Group's property for the purpose of giving them accessibility and his company is working with the Stampley's with respect to the wetlands mitigation which will include enough area for the Stampley's to build a roadway over the wetlands. Mayor Jennings reminded the Council that the property owned by the Stampley's and Sprague's are outside of the city limits and the Urban Growth Boundary. Councilor Pugh stated that he had prior discussion with Ray Stampley and others in that particular area but does not feel that it is a conflict of interest. 1266 Dan Frickey, ODOT Senior Transportation Planner, referred to the May 5th letter from ODOT. In regard to the interchange and level of service analysis, prior meetings with the Page 10 - Council Meeting Minutes, May 10, 1999 -. . COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING developer were held and no technical flaws were found in the analysis which would invalidate the analysis. ODOT's issue is their concern that the analysis may be incomplete. Technical reading of the Transportation Rule may not require a 15 or 20 year analysis for a project of this type, however, amendments to the Comprehensive Plan should look at the same analysis period in which the Transportation Plan is in effect. The Transportation System Plan did provide for a number of alternatives, however, no specific alternative has been identified as of this date. Steve Craig stated that the trip generation data reflects numbers which he considers to be quite high and, if the City elects to pursue another study, the City consider providing refunds for the improvement levels if in fact the traffic counts are less than the original projections. He reiterated that he is not suggesting that the City take that approach, however, it is a consideration that should be given when the decision is made. He supported ODOT's position to look at it now and not take a continual look at trip generation after the fact. Councilor Bjelland questioned if ODOT's recommendation is that the land use action should be considered condition on going through the site plan review process and meeting the requirements of the transportation planning rule at that time would require another traffic impact analysis to meet the transportation planning rule. Mr. Frickey stated that at the time the letter was written, it was unclear if a site plan review process would be applicable for Phase IT and m. Now that they know there will be a site plan review, ODOT has no problem with these issues being addressed and compliance being shown at the site plan stage. He also stated that, based on current information, the level of service at the interchange will not fall below a level that is significant based on recent case law. They continue to have concern with the unknowns associated with interchange improvements. He requested that ODOT be given a copy of the letter from Mr. Robinson's associate and that the record remain open for 7 days to give them an opportunity to respond to the City, in writing, if they think it is necessary. Brief discussion was held regarding trip generation data on a multi-family residential development versus a commercial zone. 1969 During rebuttal, Attorney Mike Robinson briefly reviewed the alternatives and financing element included in the City's Transportation System Plan which indicates that the City is committed to making improvements in the 1-5 interchange area. He also requested that record not be left open for 7 days since the letter written by his associate, Mr. Phillipi, reiterates his February II th letter which is included in the Council's packet. He stated that this application was submitted to the City last September and they would like to bring this matter to a close. Mayor Jennings stated that the Transportation System Plan did include 3 options that were not prioritized at the request of the approving agencies since one of the three options was outside of the City's Urban Growth Boundary. Page II - Council Meeting Minutes, May 10, 1999 TAPE READING COUNCIL MEETING MINUTES MAY 10, 1999 Mr. Katsen stated that the requirements established for the traffic analysis have been met, the application has been deemed technically complete, and they have not received any notice that information was missing. He believes that the Transportation System Plan is a guiding document in terms of the analysis to the year 2015 and identifies when certain project improvements should be completed. Councilor Figley questioned if it is appropriate to place any conditions on issuance of building permits or under site plan review for Phase II that would require satisfactory completion of the Phase I improvements. Attorney Shields stated that the annexation is not subject to the 120 day rule, however, a decision needs to be made in a reasonable period of time. In terms of the condition, any condition related to Phase I needs to be reasonably related to Phase I, and Phase II needs to be reasonably related to Phase II. If a waiting period is desired, he suggested that the Phase II action be continued. Mike Robinson stated that the applicant is willing to agree that the approval of Phases II and ill are conditioned upon the successful completion of Phase I improvements. Further discussion was held on the issue of requiring another traffic study and whether or not the hearing should be continued until such time as the Council obtains more information to make their decision. BJELLANDIFIGLEy,... continue the public hearing for the purposes of having a workshop on the transportation issues at which point in time additional testimony concerning the traffic impact analysis that has been submitted on this project. Attorney Shields stated that the hearing should be set for a date certain to avoid re- notification in the newspaper. Administrator Brown stated that next Wednesday or Thursday of next week would be the earliest time in which the Council would be able to meet due to Council prior meeting commitments. Mayor Jennings stated that he was opposed to a continuance of the hearing based on the criteria included in the motion. Councilor Bjelland stated that the Council did not receive any of the traffic impact analysis in their portfolio and this concerns him especially for a project of this size. He feels uncomfortable with voting on a project which, overall, will generate a high volume of traffic in this area. His figures indicate that the trip generation numbers based on weekday peak hours of an outlet center will generate 3 times the amount of traffic generated by an apartment complex on 8 acres which is contrary to the testimony presented during this hearing. He feels that, as a new member of the Council, he would benefit from being more educated about the plan in a workshop setting thereby feeling more comfortable with making a decision on this project. The other Councilors briefly expressed their views and, even though they realize that the City has traffic problems, they were satisfied with the findings in the most recent traffic analysis. Page 12 - Council Meeting Minutes, May 10, 1999 - . COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING On roll call vote, the motion failed 1-5 with Councilors Pugh, Figley, Kilmurray, Sifuentez and Chadwick voting nay. Mayor Jennings declared the public hearing closed at 10: 13 p.m.. Attorney Shields reminded the Council that a request had been made to keep the record open for 7 days. He agreed that the Council is not required to keep the record open but suggested that they make a decision on this request. PUGHlKILMURRA Y ,.. deny the request by ODOT to have the record remain open for another 7 days. Tape 3 Councilor Bjelland expressed opposition to the motion since ODOT did make the request to the Council for the purpose of allowing them the opportunity to submit potential additional evidence to the Council for consideration. On roll call vote, the vote was 3-3 with Councilors Bjelland, Sifuentez, and Chadwick voting nay. Mayor Jennings voted nay to defeat the motion. FIGLEYIPUGH,.. approve the annexation, comprehensive plan map amendment, and the zone map amendment subject to conditions 2 and 3 of the Planning Commission's conditions of approval plus two additional conditions being I) approval be for factory outlet stores only and 2) no development of Phase II until Phase I improvements specified in conditions of approval for Phase I are completed. She stated that her motion would eliminate the condition for the traffic study. FIGLEYIPUGH... motion be restated as follows: Council approve the annexation, Comprehensive Plan map amendment and the zone map amendment subject to conditions 2 and 3 of the Planning Commission's conditions of approval and the following three additional conditions: 1) approval for factory outlet stores only, 2) no development in Phase II until construction of improvements which were required for Phase I as conditions of approval for Phase I are completed satisfactorily, and 3) Transportation planning rule Section 660-01-012-045 at the site plan review stage; further, the attorney for applicant be requested to submit the draft form of ordinance and findings of fact for review by staff and forwarding to Council. Brief discussion was held regarding the elimination of the condition for the traffic impact study. Councilor Bjelland expressed concern that road improvements to address the traffic impact may not be addressed as the motion is so stated which is a separate from the traffic analysis. Director Goeckritz stated that the site plan review will involve on-site review. Councilor Figley stated that the point of her motion was that any additional traffic impact will be done at the site plan stage if necessary. On roll call vote, the motion passed 5-1 with Councilor Bjelland voting nay. Attorney Shields reminded the Council that passage of the motion is a tentative decision on the part of the Council and the ordinance will make the land use decision final. Page 13 - Council Meeting Minutes, May 10, 1999 .,-. ..... . .,.._,...~,...."...-.-~..,-'-',. ._~..__.,--"--_...~_.",....,.~,...,,--- l' 1 COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING 0320 Beverly Koutney, Woodburn Downtown Association (WDA) Chair, stated that they have changed their meeting date/time to each Wednesday, 3:30 p.m., at City Hall. She stated that at the last meeting, discussion was held on a excursion train to Silverton, a train museum, submittal of a grant to hire a downtown manager to organize a maintenance district, delegates to be sent to the "Livable Oregon" conference on June 2nd & 3'd at Sun River, and the escorting of a Eugene Senior Group tour to some of the businesses in downtown area before they went to the Tulip fields. 0425 SITE PLAN ACTIONS, A) Appeal of Site Plan Review #99-01: Woodburn Veterinary Clinic, FIGLEYIPUGH,... Council hear this appeal at their regular meeting of May 24, 1999, at 7:00 p.m.. Attorney Shields stated that this hearing will be noticed since it is a land use issue. The motion passed unanimously. 0473 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that he had received some compliments earlier this evening on work relating to the Factory Stores project. He stated that all of the progress made towards right-of-way and wetlands issues are a result of the work done by Public Works Director Tiwari and he expressed his appreciation for his good work. 0500 MAYOR AND COUNCIL REPORTS, Councilor Figley reminded the public that the Centennial Park work party will be held on Saturday, May 15th, at 9:00 a.m.. Councilor Kilmurray stated that the Safe Kids Injury Prevention Fair was held at Wal- Mart last Saturday and it was well attended. Activities included a bike rodeo fair, and booths and/or staff representation from the local clinic, Woodburn Police Dept., Aquatic Center, Sheriff's Dept., OHSU, Emmanuel Oregon Burn Center, and Think First. Councilor Sifuentez requested that staff look into safety alternatives relating to pedestrians crossing Highway 214 to get to the Salud Center. She also expressed her pleasure in hearing that the downtown area is receiving visitors and she reiterated that there is excellent food served by those local businesses. Mayor Jennings stated that he needs names of individuals willing to serve on the Human Rights Commission from Wards II, ill, IV, and VI. 0586 EXECUTIVE SESSION, FIGLEYIKILMURRA Y... move into executive session under the authority of ORS 192.660 (I)(d), ORS 192.660 (I)(f), and ORS 192.660 (I)(h). The motion passed unanimously. Page 14 - Council Meeting Minutes, May 10, 1999 ..., . COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING The Council adjourned to executive session at 10:36 p.m. and reconvened at 10:49 p.m.. Mayor Jennings stated that no decisions were made by the Council in the executive session. 0610 CHADWICKlKILMURRA Y,.., authorize the City Attorney to send a 10 day demand and file an action against the owners of 591 N. Front Street for abatement of a dangerous building. The motion passed unanimously. 0628 PUGHlFIGLEY,.. authorize the City Attorney to send a 10 day demand and file an action against the owners of 347 N Front Street for abatement of a dangerous building. The motion passed unanimously 0640 FIGLEY/SIFUENTEZ.., authorize City Attorney to dismiss case #99CI1795, City of Woodburn v Valentina Sobolev based on the fact that the building at 333 N First Street is no longer a dangerous building according to the Woodburn Building Official. The motion passed unanimously. 0650 ADJOURNMENT, BJELLAND/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:54 p.m.. APPROVED ATTEST fYl g ~ Mary Tenn , Recorder City of Woodburn, Oregon Page 15 - Council Meeting Minutes, May 10, 1999