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Minutes - 04/12/1999 COUNCIL MEETING MINUTES APRIL 12, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 12, 1999. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley Kilmurray Pugh Sifuentez Present Absent 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. Library Director Sprauer, Park & Recreation Director Westrick. Police Lt. Null, Finance Director Gillespie, Management Analyst Smith. City Recorder Tennant 0033 APPOINTMENTS. The following appointments were made by Mayor Jennings: A) Park and Recreation Board: Janet Greenwell. Position IV, term expiration date of 12/31/2000; and Patricia Watts, Position V, term expiration date of 12/31/99 B)Library Board: Kay Kuka, Position ill, term expiration date of 12/31/2001; and Patricia Will, Position V. term expiration date of 12/31/2001 C) Planning Commission: Frank Lonergan, Position VI, term expiration date of 12/31/99; and Ellen Bandelow. Position VII. term expiration date of 12/3112002 FIGLEYIPUGH... approve the appointments as presented. The motion passed unanimously. ANNOUNCEMENTS. A) Budget Committee Workshop will be held on Saturday, April 17, 1999,9:00 am, in the City Hall Council Chambers. The public is encouraged to attend. B) Centennial Park Community Work Party: A work party is being organized for Saturday, May 15th. 9:00 am, at Centennial Park. Councilor Figley stated that volunteers are needed to help with playground equipment set-up and landscape planting. Additionally. the Centennial Park Task Force is soliciting for donations for trees (3 Y2 inch caliber specimen trees) and Oregon Turf is matching each tree donation. Numerous inquiries have been received and for those interested in making a tax deductible donation, Page I - Council Meeting Minutes. April 12, 1999 '.- .'_.._.. "-", .--.'" ..,.~..~>.---.,- --.--.".---,..-.---.-,.....- .__.,----------... - . COUNCIL MEETING MINUTES APRIL 12, 1999 TAPE READING checks are to be made payable to Woodburn Together. She also stated that, weather permitting, the roadway into the park will be paved next week and work is still on track for a Memorial Day opening. Corrected - Minutes of 4/26/99 APPOINTMENT TO COUNTY.WIDE URBAN GROWHT MANAGEMENT PROJECT STAKEHOLDERS COMMITTEE. 8'J/~ffcl see Mayor Jennings requested Council approval of the appointment of Richard ~lIl1lngs to serve as the Woodburn City Council representative on this committee. FIGLEYIPUGH... approve the appointment. The motion passed unanimously. 0222 Mayor Jennings stated that item llC will be removed from the agenda since there have been some last minute changes to the proposed agreement. He also stated that he will be moving agenda item lID to 4B. 0250 PRESENTATION - WASTEWATER TREATMENT PLANT UPDATE. Public Works Director Tiwari reminded the public that the wastewater treatment plant facility improvement is the most expensive project within our community. As part of this agenda, the Council will be considering the award of a contract for the wastewater plant expansion. It is anticipated that the new plant will be in operation in 2001-2002 which is 20 years after the completion of the existing plant facility. This improvement continues to be within budgetary estimates and within the established time frames for completion. Ron Walz. Brown & Caldwell project engineer, provided an overview of the contracts involved with this project. He stated that the headworks and sludge lagoon contract is substantially complete and functioning at the new facility. The second contract is for the buildings which includes the new maintenance building and expansion of the laboratory control building. It is anticipated that the buildings will be completed by this summer. The third contract is for the remainder of the plant which is on this meeting's agenda. Low bidder, James W. Fowler Co.. submitted a bid of $17.4 million compared to the engineer's estimate of $18.6 million. Completion of this contract is anticipated to be January 2001. He provided an overview of the treatment processes which will be installed as part of this project thereby enabling the City to meet the more stringent water quality regulations. He also stated that the plant design does provide for future growth so that it will serve the City's needs for many years to come. Director Tiwari stated that a decision had been made during the planning process to use ultraviolet rays for disinfection rather than chlorine. The City also decided to plant poplar trees and irrigate the plantation with treated water rather than discharging all of the treated water to the Pudding River. He stated that the quality of the water that will be discharged either to the plantation or the river is something that the City can be proud of. Mayor Jennings stated that the Citizens committee worked very hard on this project to make sure that it would meet the City's needs and it appears that they did a very good job. Page 2 - Council Meeting Minutes. April 12. 1999 r _. .-,_..,- _..... .-->.._~,--,-, -~-,-_...~-"-----_._-,.~..,..,. --.-.-..-..,'--. .. 1 COUNCIL MEETING MINUTES APRIL 12, 1999 TAPE READING Preston Tack questioned the comments made regarding stringent water quality since it was his understanding that all of the water will be discharged to the poplar tree plantation. It was noted that. in the long range. there will still be some treated water discharged to the Pudding River. 0718 CONTRACT A WARD: WASTEWATER TREATMENT PLANT EXPANSION. Bids for contract #3 were received from the following contractors: James W. Fowler Co.. $17,402.298.44; Slayden Construction. $17,467,000.00; Contractors Inc., $18.020,145.00; and O.c. America. $22,463.000.00. Staff recommended the acceptance of the low bid which was 5.93% below the engineer's estimate. FIGLEYIKILMURRAY... accept the low bid from James W. Fowler Co. for contract #3 in the amount of $17,420,298.44. The motion passed unanimously. 0742 PROCLAMATIONS. A) Physical Fitness and Sports Month: Mayor Jennings declared the month of May 1999 as Physical Fitness and Sports Month in Woodburn and urged locate citizens. businesses. and organizations to promote activities in recognition of physical fitness. B)National Library Week: Mayor Jennings also declared the week of April II - 17. 1999 as Woodburn Library Week in conjunction with National Library Week and urged citizens to visit and become familiar with the local library services. C) Youth Week: Mayor Jennings read a proclamation declaring May 2 - 9, 1999 as Youth Week in Woodburn and urged all departments of government, citizens. civic, fraternal. and patriotic groups to participate in its observance. He stated that this proclamation will be presented at the Woodburn Elks Lodge on April 22nd by Councilor Kilmurray since he will be attending another function on that date. 0889 R.S.V.P. SPRING FLING. In celebration of National Volunteer Week, the Retired Senior Volunteer Program (RSVP) staff will host an open house at the Community Center on April 21 st from 10:00 am to 12:00 noon. 0914 CHAMBER OF COMMERCE REPORT. Dr. Jack Reeves, representing the Chamber Board, provided the following updated information: I) On April 16'". the Tulip Festival Tee-Off will be held at the Evergreen Golf Course. Page 3 - Council Meeting Minutes, April 12, 1999 COUNCIL MEETING MINUTES APRIL 12, 1999 TAPE READING There are a few spaces still available for teams and more information can be obtained by calling the Chamber office. 2) On April 22"d. 4:30 p.m., Business After Hours will be held at the Mid-Valley Bank. 3) He also thanked the Council for their support towards the newly installed "Welcome to Woodburn" sign and the Chamber will now begin to raise funds for the next sign. 0960 WOODBURN FRIENDS OF THE LIBRARY REPORT. Dallas Figley stated that the Library is working with the Woodburn Schools in presenting a play titled "Can Full of Virtue" which will be held at the high school auditorium on April 16th at 7:00 p.m.. There is no admission charge for this play. On April 18th, 2:00 p.m., City Hall Council Chambers. the "Rosie to Roosevelt" series continues and the interested citizens are urged to attend. On April 25th. the third part of the series "America in the Holocaust" will be held and arrangements have been made for a special guest to speak on this topic who was a member of the Belguim Underground smuggling Jews out of Germany. Bill Sullivan. author of several books on hiking in Oregon, will have a slide presentation at City Hall on April 28th at 7:00 p.m.. Lastly, in May, Leonad Bosnov, will be providing entertainment by performing Russian songs and dance. Location and time for this performance will be announced at a later date. 1054 COMMUNICATIONS. A) Letter from Marion County Board of Commissioners: The letter expressed the Board's appreciation to the City for their willingness to contribute the City's share of Juvenile Accountability Incentive Block grant funds towards juvenile crime prevention programs in Marion County. B) Letter from United Disposal Service: United Disposal provided a summary of the amount of yard debris. wood, and scrap metal that was collected at the Woodburn UDS site on March 20, 1999 as part of the annual clean-up campaign for the cities of Woodburn, Hubbard, and Gervais. Staff will send a letter of appreciation to United Disposal Service for their continued support in providing this community service. 1088 CONSENT AGENDA. A) Approval of Council minutes of March 22. 1999; B) Acceptance of Planning Commission minutes of March II. 1999; C) Acceptance of Park Board minutes of March 10, 1999; D) Receipt of Police Dept. activity report for February 1999; E) Receipt of Building activity report for March 1999; and F) Approval of claims for the month of March 1999. Page 4 - Council Meeting Minutes, April 12. 1999 ...... .-....-.....-....1'"......'.0.-..-. - . COUNCIL MEETING MINUTES APRIL 12, 1999 TAPE READING FIGLEY/PUGH... consent agenda be enacted as presented. The motion passed unanimously. IllO PUBLIC HEARING: ZONE MAP AMENDMENT #98.06 FROM SINGLE FAMILY RESIDENTIAL (RS) TO COMMERCIAL RETAIL (CR) FOR PROPERTY LOCATED AT 1310 AND 1340 HWY. 99E. Mayor Jennings declared the public hearing open at 7:40 p.m.. No declarations were made by the Council regarding potential conflict of interest or ex- parte contact. Recorder Tennant read the land use statement required by ORS Chapter 197. Community Development Director Goeckritz reviewed the staff report along with the recommendation from the Planning Commission to approve. with conditions, the zone map amendment. He stated that the subject properties are two abutting lots totaling approximately 6.7 acres. Each lot has a 1.000 foot depth of which the 500 feet fronting Hwy. 99E is zoned commercial retail and the rear 500 feet is zoned single family residential. The applicants, Yacov & Nina Konovalov, have submitted a request to amend the zone map thereby zoning the entire area of each lot to commercial retail. It was noted that there was no site plan submitted with this application. The Planning Commission had included in their final order a condition that the site plan proposal allows for the full utilization of the property and the Commission did not want to see tall structures at the rear of the property. The final order also includes a condition that a solid wall be installed at the rear of the property when development does occur for the purpose of noise abatement. 1583 Denny Neilsen. Vice President of Salem Hospital. stated that Salem Hospital has purchased the property from the Konovalov's. They are in agreement with the conditions and willing to work with the staff in developing a comprehensive conceptual plan for the project once it is determined as to what services they could provide to enhance the health services already provided within the community. He requested Council support for the proposed amendment to the zone map. Mayor Jennings questioned if an Urgent Care Center is a part of the plan being discussed by Salem Hospital. Mr. Neilsen stated that it is on the table and may be one component of a more complex project. No one in the audience spoke in opposition of the zone map amendment. Mayor Jennings closed the public hearing at 7:55 p.m.. Councilor Figley expressed her opinion that this proposal would correct a strip zoning issue and her only concerns are noise and privacy issues which have been addressed in the Planning Commission conditions. Councilors Pugh. Chadwick, Sifuentez. and Kilmurray also spoke in favor of the proposed amendment. Page 5 - Council Meeting Minutes, April 12. 1999 T' - .,-"""~,.. . COUNCIL MEETING MINUTES APRIL 12, 1999 TAPE READING FIGLEyIPUGH.... approve with conditions listed in the Planning Commission's recommendation and instruct staff to prepare an ordinance of findings and conclusions to substantiate that decision. The motion passed unanimously. 1784 CONTINUATION OF PUBLIC HEARING: BOONES CROSSING PUD. ANNEXATION #97-08. ZONE CHANGE #97-12. CONDITIONAL USE #97-03. AND VARIANCE #97-12. Mayor Jennings declared the public hearing open at 7:58 p.m.. Councilor Figley stated that she had made numerous visits to the site over the years several of which have been since she was made aware this application and for the purpose of looking over this site. Councilor Pugh stated that he had made a site visit. walked the area. and asked questions. Mayor Jennings stated that he has been on Brown Street with staff. on Boones Ferry Road with Councilor Figley. and at the site. Recorder Tennant read the land use statement required by ORS Chapter 197. Community Development Director Goeckritz entered the following exhibits into the record: Exhibit 1: Original application by Polygon Development; Exhibit 2: Applicant's Stage II submittal; Exhibit 3: Original Boones Crossing Planned Unit Development Transportation Impact Analysis; Exhibit 4: Traffic addendum to the original transportation impact analysis report; Exhibit 5: Original Planning Commission staffreport; Exhibit 6: Final Order by the Planning Commission with a recommendation to Council; Exhibit 7: Amended Traffic Study received after the Council packets were distributed; and Exhibit 8: Correspondence between applicant. staff, and letters from various individuals giving testimony. Director Goeckritz stated that this proposal began several months ago and was first heard by the Planning Commission in September 1998. The hearing before the Council was opened in October 1998 and the hearing had been continued until this date for the purpose of allowing staff and the applicant an opportunity to work out issues that were raised at the hearing. He reviewed the Planning Commission recommendations along with the types of Council action that can be taken based on the Council's decision following the public hearing. In summary, the applicant's request is to annex 61.9 acres into the City and allow for the development of a residential and neighborhood commercial center. The proposal provides for a 241 single family residential development and would include 3 pocket parks to be maintained by the Homeowners Association. The developer would also donate 3 acres of land for a public park to be maintained by the Parks Department and contribute $300,000 towards park Page 6 - Council Meeting Minutes, April 12, 1999 '" ~"" COUNCIL MEETING MINUTES APRIL 12, 1999 TAPE READING improvements. The developer will be required to construct a deep sanitary sewer line to serve all phases of the project plus pay all required system development charges. It was noted that with deep sanitary sewer line. the City will not need to construct a pump station. The developer is in the process of securing easements for a storm drain line to Mill Creek Another condition is that the developer will be responsible for the construction of his portion of the east/west minor arterial. Mayor Jennings questioned as to which part of Brown Street is still descriptive easement. Director Goeckritz stated that it is his understanding that it begins in the northeast portion of the development and goes north to where it connects to Brown Street at the Comstock development. It is his understanding that the property owners are not willing at this time to provide right-of-way to connect to the improved portion of Brown Street. Public Works Director stated that all roads are required to have curbs on both sides, paved surface, drainage problems resolved. and be 34' in width within a residential area. He answered several questions posed by the Council regarding street width and the possibility of reducing the street width to 24' (sidewalk on one side of the street) for the connection to Brown Street in the event insufficient easements can be obtained from the property owners on Brown Street. He suggested that the property owners on Brown Street should in the cost of the additional 10' improvement since there property will be benefitted by this extension to Brown Street. Mayor Jennings expressed his opinion that the Brown Street connection is an integral part of this development and felt that the traffic study from Kittleson & Assoc. should have come to a similar conclusion. Tape 2 Councilor Figley questioned the adequacy of the right-of-way being obtained for the south portion of the development in the event the south by-pass is designated as a major arterial versus minor thereby having homes abutting the right-of-way and causing dissension between the property owners and the City. Director Tiwari stated that the standards within the Transportation Plan are being followed and, in this case. a minor arterial involves a 74' right-of-way. Director Goeckritz stated that the right-of-way behind the schools and Centennial Park is 100' and this width was established prior to the adoption of the Transportation Plan. The City will probably be giving 26' feet back to the School District since it exceeds the right- of-way requirement. Mayor Jennings also expressed concern regarding the right-of-way width since it is unknown as to where the south by-pass will be placed and. additionally, he feels that it should be classed as something other than a minor arterial. Director Tiwari stated that staff recommendations are based on current code requirements. 0143 Nancy Bocchi, property owner of this development, stated that her parents were long time residents of Woodburn and she. along with her sister Faye Zimmer. see this development Page 7 - Council Meeting Minutes, April 12, 1999 COUNCIL MEETING MINUTES APRIL 12, 1999 TAPE READING as an opportunity to give something back to the City. Numerous developers had approached them regarding this property and, after careful consideration. decided to work with Polygon Northwest as the developer. Fred Gast. Polygon Northwest, stated that their company began working with the owners approximately two years ago to develop a master plan community. He provided background information on their company which has developments in the Puget Sound and Portland area. He stated that their mission is to create value and they have decided to build homes with exceptional value that would be affordable for working families. This also involves creating a neighborhood that inspires a sense of community by having tree line boulevards, parks and open spaces. sidewalks. and other amenities modeled after the older neighborhoods in Woodburn and other parts of the country. He summarized the progress to date which includes a staff report and Planning Commission decision recommending approval since minimum standards have been met. Since the Commission's recommendation was made. they have made additional improvements to their development plan. This includes full street improvements to Boones Ferry, providing a deep sanitary sewer line, public park with improvement costs. still paying system development charges for traffic. sewer, water. park fees, and other building costs. In his opinion, this proposal shows that they are carrying their own weight and providing tangible benefits to the City. He also stated that they have always maintained a commitment that if the Brown St. right-of-way becomes available when the development is in progress that they would be willing to participate in its acquisition and full improvement. They have made attempts to acquire the right-of-way but have not had any success to date. They would also be willing to provide up to $20.000 towards the cost of condemnation proceedings on that section of the road. Mike Miller. Alpha Engineering representing Polygon, stated that the site is within the Urban Growth Boundary. The developers have worked to make this proposal more than just a subdivision in that it provides for different types of residential, commercial, and numerous green spaces and parks. The proposed development includes 241 single family residential lots averaging 5400 sq feet with future expansion of 90 multi-family units. The development would provide for 10 open space areas in addition to the 3 acre public park. It is also proposed that minor playground equipment will be placed in designated tot lots. The exterior of the homes would be reminiscent of the older part of the City utilizing classic craftsmen architecture with a lot of detail. The streets and pathways are designed to focus on the green spaces. He reiterated that they have met all of the code requirements and feels that this project will benefit the City and future residents of the development. Councilor Figley expressed concern regarding the road connections and its impact on Boones Ferry Rd. and Settlemier since N. Front Street is a sub-standard street. Page 8 - Council Meeting Minutes, April 12. 1999 r --~..~..,....~...... 11 I ~ COUNCIL MEETING MINUTES APRIL 12, 1999 TAPE READING Allen Danaher. Kittleson & Assoc., reviewed the updated trip generation data used to analyze traffic impact on Boones Ferry Road assuming that there was no access to Brown Street. He stated that this study was completed to look at trip distribution patterns and provides an analysis of traffic impact during peak hours. Their study indicates that no traffic signal is warranted at the Parr Rd intersection as a result of the development looking out to the year 2003 which is considered as the site buildout year. He also reminded the Council that the City's Transportation Plan had identified that the south by- pass would have a minor arterial designation with a 74' right-of-way width and would be built in the 11-20 year timeframe. At this time, ODOT is more focused on Hwy. 214 improvements. There is no study in place to look at a new 1-5 interchange to the south of the existing interchange and the south arterial is dependent upon how it ties into 1-5 in the future. The site plan is consistent with roadway access spacing per existing criteria. He also stated that studies continue to show that there is need for expansion of Hwy. 214 to 4 or 5 traffic lanes independent of site development. 1235 No one in the audience spoke in opposition to the proposal. Mayor Jennings called for a brief recess at 9: 10 pm and the meeting reconvened at 9: 15 pm.. Councilor Pugh requested clarification on the developer's responsibilities as it relates to the street width of Brown Street and how much of the south arterial would be completed. Director Tiwari stated that developers will be responsible for 34' street width for property up to their north property line plus, if the right-of-way is acquired, the connection to Brown Street and the area up to the Comstock subdivision. He briefly reviewed the 24' roadway requirement and suggested that the benefitted property owners contribute towards a 10' improvement thereby making the street the same width from the new development to the Comstock subdivision. Allen Danaher stated that their study shows that 36% of the side traffic is oriented to the west onto Hwy. 214 and he answered Council questions regarding trip generation and direction of travel. Fred Gast stated that the south arterial alignment was established based on location of right-of-way behind the school then east to align with the Urban Growth Boundary. Mayor Jennings stated that his major concern is the north part of Brown Street and the need to have a connection rather relying so heavily on Settlemier. The public hearing was closed at 9:30 p.m.. Councilor Figley stated that this is the most difficult decision in which she has had to make since she would like to approve it but feels that she is unable to at this time because of Brown Street. Even if Brown Street is improved, she is unsure if Brown Street can support the traffic that would be generated by the development. Another concern is how to remedy the traffic problems and. even though the developer will be charged fees for improvements, it is still not enough to mitigate the impact that this development will have Page 9 - Council Meeting Minutes, April 12, 1999 , ,. ^ 1'"....M...b.d'-_...<-. I COUNCIL MEETING MINUTES APRIL 12, 1999 TAPE READING on this part of the City. Councilor Pugh expressed his opinion that this was a well-thought out plan which the City can be proud of but it is pre-mature since the City's road infrastructure is insufficient. He wished a bond issue was in place to provide road improvements that would allow for developments of this nature. Councilor Chadwick expressed her opinion that the project looked good but she is concerned about the traffic impact. Councilor Sifuentez also felt that the traffic issues need to be addressed. Councilor Kilmurray expressed her opinion that, if Brown Street was improved, it would probably be a viable project since the project will take two to four years to complete. FIGLEYIPUGH... annexation request be denied and the staff prepare the appropriate findings of fact in an ordinance so stated. On roll call vote. the motion passed unanimously. Councilor Pugh stated that he was not against the project but encouraged the developers to work with the City to try and find a way to eventually follow through with this project. 2133 PUBLIC HEARING: HERITAGE PARK MEADOWS. ANNEXATION. ZONE CHANGE. CONDITIONAL USE. AND VARIANCE. Mayor Jennings opened the public hearing at 9:38 p.m.. Councilors Figley. Pugh, Kilmurray. and Chadwick stated that they were familiar with the area being discussed in this proposal and all had recently been to the site to view the property. Recorder Tennant read the land use statement as required by ORS Chapter 197. Director Goeckritz stated that the Planning Commission signed the final order on January 14, 1999 which recommends annexation of 10 acres of property located west of Senior Estates and north of Vanderbeck Lane. This property abuts the city limits on three sides and the proposed development would provide 46 single family residential lots. This development would be required to plant street trees in order to conform to the adjacent development's street tree requirements. It was noted that this subdivision would also be required to install a fence on the west side of their property similar to the fence installed within the Henry Miller subdivision. He stated that one lot will be reconfigured in the subdivision just south of this development (also owned by the same developer) since a roadway will be constructed to provide connectivity between the two developments. As a reminder, Vanderbeck Lane abutting Senior Estates has been closed. This proposal does meet all established criteria and he reviewed the conditions imposed by the Commission. Councilor Chadwick expressed concern regarding potential traffic generation through Senior Estates off of Country Club Road since Vanderbeck Lane east to Boones Ferry Rd. will not be improved until the subdivision east of this development begins construction. 2913 Ken Sherman, representing Hidden Creek Properties (applicant), stated that the applicant is also the developer of Heritage Park which is the subdivision immediately south across Page 10 - Council Meeting Minutes. April 12, 1999 T ".'-"-~~"-'."-"-'."--'-' - COUNCIL MEETING MINUTES APRIL 12, 1999 TAPE READING Vanderbeck. The applicant intends this to be the fifth phase of Heritage Park and they plan on placing the same kind of quality development on this property. The property is surrounded on three sides by the City limits and annexing this property will square off the City boundary. They also concur with the recommendations of the staff and Planning Commission. Tape 3 Mark Gringe. Multi-Tech Engineering. stated that by connecting to Declaration Street, located to the south of this proposed development. allows for connectivity to Country Club Road. Emphasis will still be placed on directing traffic to Boones Ferry Road. He also reminded the Council that the developers have previously agreed to participate in a Local Improvement District to improve Boones Ferry Road. They are also working with the City to address drainage issues and they would be providing storm drain detention on the north end of the project. In regards to sanitary sewer, the applicant has dedicated a small portion of property to the City at the north end of the Heritage Park project at Vanderbeck for the new pump station that is currently under design. This new pump station will be the primary provider for sanitary sewer service for this property and the Miller Links property. They have also agreed to participate in the construction of a deep oversized trunk sewer which would eventually allow for the removal of that smaller pump station on Jansen. Mayor Jennings questioned the status of the Miller Links development located just east of this development. Mr. Gringe stated that it was his understanding that the developer of Miller Links has already submitted plans to Public Works Department for approval of their subdivision including Vanderbeck out to Boones Ferry Road. He stated that their project is slated for a year 2000 construction whereas Miller Links is slated for a year 1999 construction. No one in the audience spoke in opposition to the proposal. Mayor Jennings closed the public hearing at 10:08 p.m.. Councilor Figley expressed her opinion that this is a smaller project which fits into a logical progression of the development that has been taking place in that area. Councilor Pugh stated that this development is a natural buildout of the area and he does not feel that it would create an undue traffic burden onto Boones Ferry Road. Councilors Chadwick, Sifuentez. and Kilmurray also expressed their opinions that the proposal complements the other developments in the area. 0250 FIGLEYIPUGH... approve the Planning Commission's recommendation for the annexation and zone map amendment with their conditions of approval and instruct staff to prepare an ordinance with findings and conclusions to substantiate this decision. The motion passed unanimously. Page 11 - Council Meeting Minutes, April 12. 1999 COUNCIL MEETING MINUTES APRIL 12, 1999 TAPE READING 0368 COUNCIL BILL 1956 - RESOLUTION AUTHORIZING RENEWAL OF PARTICIPATION IN THE FEDERAL PROPERTY UTILIZATION PROGRAM. Councilor Chadwick introduced Council Bill 1956. 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 1956 duly passed. 0292 COUNCIL BILL 1957 - RESOLUTION CALLING FOR PUBLIC HEARING ON THE ANNEXATION OF PROPERTY LOCATED IN THE NORTHWEST OUADRANT OF THE 1-5 INTERCHANGE (WOODBURN COMPANY STORES - PHASE 11). Council Bill 1957 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 1957 duly passed. The public hearing will be held on Monday. May 10, 1999. 0323 RIGHT -OF - WAY DEDICATION: ARNEY ROAD. Staff recommended the acceptance of a right-of-way being conveyed by Moore Clear Company for the realignment of Arney Road to Woodland Ave. as part of the Factory Outlet Stores project. PUGHlFIGLEY... accept the right-of-way as described in Attachment C of the memo within the packet. It was noted that the property being conveyed is located in the triangle area near Miles Chevrolet in the wetlands area. The motion passed unanimously. 0373 CONTRACT A WARD - CLASSIFICATION AND COMPENSATION STUDY Staff recommended the acceptance of a proposal from Human Resources Consultant Robert W. Gibson to perform a classification and compensation study of AFSCME union positions. FIGLEYIPUGH... authorize the City Administrator to execute a contract with Robert W. Gibson to complete a classification and compensation study for AFSCME represented positions in an amount not to exceed $22.320 plus expenses. The motion passed unanimously. 0390 REOUEST FOR SOUND AMPLIFICATION PERMIT. Staff recommended the issuance of a permit to Chemeketa Community College for a Cinco de Mayo celebration to be held at the local campus, 120 E. Lincoln. on May 5th. FIGLEY/SIFUENTEZ... request be granted for the use of sound amplification equipment on May 5. 1999 between 12:00 noon and 9:00 p.m. as recommended by the Police Chief. The motion passed unanimously. Page 12 - Council Meeting Minutes. April 12, 1999 -- COUNCIL MEETING MINUTES APRIL 12, 1999 TAPE READING 0416 CITY ADMINISTRATOR'S REPORT. A) Update on MontebelIo Subdivision and B) Report on recording land use decisions and CC&R's: Administrator Brown stated that staff is still researching the right-of-way issue involving Montebello Subdivision and the property abutting the west side of Columbia Drive. A meeting has been scheduled for April 15th and staff will report back at the next meeting. In regards to recording conditions of approval and/or CC&R's. Attorney Shields has included a memo in the packet which states that the Council has the ability to record the conditions of approval. Additionally, under state law, subdivisions are required to record their CC&R's and state law preempts the City's local authority to require the recording. As an alternative. the City could require the developer to bring back a copy of the recorded CC&R's. Lengthy discussion was held regarding the proper recording of CC&R's and staff's ability to follow up on the recording requirement if state law already requires developers to file the CC&R's. It was the consensus of the Council that staff pursue a zoning ordinance amendment that would require an applicant to provide the City with a copy of the required CC&R's. 0827 C) Award from Oregon Urban & Community Forest Council to the City and WDA: Administrator Brown stated that the City and WDA tree planting project had been selected as the outstanding entry in the Partnership category of the OUCFC 1999 Awards Program. Planting of the trees was a collaborative effort and he thanked Management Analyst Matt Smith for his work on the original grant and the award application. 100 I MAYOR AND COUNCIL REPORTS. Councilor Figley reminded the public that the City does have a leash law which needs to be followed by owners of dogs. Councilor Chadwick questioned if individuals who purchase a tree will know which tree they have purchased. Director Westrick stated that the purchaser will know which tree has been planted through their donation. Mayor Jennings stated that Attorney Shields had played tennis against the Circuit Court Judges and won first place. 1093 EXECUTIVE SESSION. FIGLEY /PUGH... adjourn to executive session under the authority of ORS 192.660(1)(d). The motion passed unanimously. The Council adjourned to executive session at 10:39 p.m. and reconvened at 10:55 p.m.. 1100 Mayor Jennings stated that no action would be taken by the Council as a result ofthe item discussed in executive session. Page 13 - Council Meeting Minutes, April 12, 1999 ,- _" _'.'_ .m___~'~"..,-........., _ ._. ~ ~__~____."..~...~_ _~"....." _,"_"__ - . COUNCIL MEETING MINUTES APRIL 12, 1999 TAPE READING He also stated that the Mayor's Prayer Breakfast is scheduled for April 23'.. 6:45 a.m.. at the United Methodist Church. Councilors interested in attending are asked to contact the City Recorder by Thursday so that a check can be issued for the tickets. Councilor Kilmurray reminded the Council that Administrator Brown had previously requested a mini performance appraisal since he has now been with the City for 6 months. It was the consensus of the Council to conduct this evaluation at the first meeting in May. 1200 ADJOURNMENT. FIGLEy/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at II :02 p.m.. APPROVED ~0.4)~~ RICHARD JE GS, MA R ATTEST Mary Te ant, Recorder City of Woodburn, Oregon Page 14 - Council Meeting Minutes, April 12. 1999 T' ~__.~ ., ._. ""'~"~'__""_""'" 'd__'. - . _.~