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Minutes - 02/08/1999 COUNCIL MEETING MINUTES February 8, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 8, 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 Stafr Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Police Chief Wright, Community Development Director Goeckritz. Library Director Sprauer, Park & Recreation Director Westrick, Finance Director Gillespie, Management Analyst Smith, City Recorder Tennant 0023 Mayor Jennings stated that agenda item IIA is Council Bill No. 1947, agenda item liB is Council Bill No. 1948, and agenda item II C is the approval of the installation of "No Parking" signs on Woodland Avenue south of Hwy. 219. 0035 ANNOUNCEMENTS. A) Continuation of Public Hearing: The public hearing before the Council on the proposed Boones Crossing development (PUD #97-03, Annexation #97-08, Zone Change #97-12, Conditional Use #97-02, and Variance #97-12) will be held on February 22,1999 at 7:00 p.m.. B) Public Hearing - Heritage Park Annexation: A public hearing before the Council will be held on February 22. 1999 at 7 :00 p.m.. C) Council workshop: The Council will hold a workshop to discuss library services on Monday, March 1",7:00 p.m., in the City Hall Council Chambers. D) Woodburn Art Center: The Glatt House Studio will be having their grand opening ceremony on February 13'h. 10:00 am to 4:00 pm. at the Glatt House Gallery and Art Studio. 2551 N. Boones Ferry Road. Local residents are urged to attend this grand opening and to visit the gallery during the month of February which is exhibiting "The People Show". Mayor Jennings stated that the art studio is a great addition to our community. Page I - Council Meeting Minutes, February 8, 1999 - COUNCIL MEETING MINUTES February 8, 1999 TAPE READING 0077 AWARD OF ACCOMPLISHMENT. Mayor Jennings honored David Holt for his academic achievement by awarding him a Certificate of Recognition. Mr. Holt recently took the college entrance examination (ACT) and, out of 364,000 students, was one of 16 high school students who earned a perfect composite score. Mr. Holt expressed his appreciation to the City for this honor, and to all of his teachers and family in that his high score is a testimony for all of their work. 0137 WOODBURN FACTORY STORES - PROJECT UPDATE. Steve Craig, developer of Woodburn Company Stores Factory Outlet Center, presented a status report on the traffic improvements outlined in the condition of approval, the progress of the construction project, and information relating to the Local Improvement District (LID). He distributed a handout listing the required ODOT and City improvements and the anticipated completion date. In regards to the sign bridge, ODOT has stated that they do not have time to design the sign bridge in the immediate future, therefore, Woodburn Company Stores has offered to design the sign bridge and to deduct this cost from their $50,000 required contribution. It was also noted that the street light design is contingent upon ODOT design for the purpose of making the lighting consistent along Arney Rd. since part of the lighting south of the development is in an ODOT control area. Many of the improvements should be completed by June 15th with the initial opening date of Ju]y 15th and a Grand Opening the 3'd week in August. Terry Hepner stated that he had contacted benefitted property owners involved in the street improvement of Robin Lane (behind Mi]es Chevrolet) and Woodland Avenue. Of the 5 property owners that would share in the cost (approximately 5] acres), it is questionable if ODOT is willing to participate (1.74 acres) and Moore Clear Co. (4.25 acres) has stated that they are not willing to participate. In regards to the costs associated with a traffic signa] at Hwy. 219 and Woodland Ave., Waremart is willing to participate in sharing the cost but Mi]es Chevrolet and Moore Clear Co. are not willing to participate and it is questionable if ODOT is willing to participate. He stated that Waremart wants the cost share to be based on trip numbers created by each property owner but Woodburn Company Stores does not feel that this concept is workable due to the difficulty in trying to come to an agreement on a truck versus automobile ratio. Additionally, some of the properties within this benefitted area have not been developed and it would be difficult to determine the impact using that concept. They. along with Waremart, Hershberger Motors, and Dale Baker, would rather not enter into an LID but pay their share at the time of the signal. He stated that he has spent considerable time to get property owner agreement on these improvements and, since it has not been accomplished as of this date, requested assistance from the City to help bring these issues to a close. Steve Craig stated that they are trying to do all of the improvements that have been required and the remaining items that have not been done or contracted for have to do Page 2 - Council Meeting Minutes, February 8, 1999 .- ..._-~..""'-""'--~~~~'1'"-<-----'''--'. "II , T COUNCIL MEETING MINUTES February 8, 1999 TAPE READING with decisions that need to be made by ODOT. Additionally. they have made an effort to put together a LID for the traffic signal, however. in his opinion, the time that it will take relative to the cost of that LID does not warrant the establishment of a LID. In regards to the Arney Road improvement, an LID would be warranted and he feels that there is still sufficient time to complete this improvement. He requested Council assistance by authorizing staff to work toward the LID on the street improvement project and in the negotiation of a final payment schedule for the traffic signal. He thanked the staff for their cooperation and stated that the project is slightly behind schedule due to adverse weather conditions. 0826 Mayor Jennings stated that he was willing to facilitate a meeting of all the involved parties. Councilor Bjelland questioned staff regarding the formation of an LID and whether or not the number of parties agreeable to the project would be sufficient to move foward with an LID. Public Works Director Tiwari stated that an LID is a lengthy process involving the passage of a Resolution of Intent, public hearings, engineering plans, contract award, and construction. He stated that the engineering design is already being done by the developers and it will not be charged to the LID. however. he still feels that the construction will not be completed in time. In regards to proration of costs, the staff makes a formula recommendation with the Council making the final decision. 1000 PROCLAMA nON: PREVENT A LITTER MONTH AND SPAY DAY USA. Mayor Jennings proclaimed the month of February 1999 as "Prevent a Litter Month" and February 24th as "Spay Day USA" and urged residents to have their animals spayed or neutered or to sponsor the spaying or neutering of dogs or cats. 1150 CHAMBER OF COMMERCE REPORT. Teresa Sonara, representing the Chamber Board, informed the Council of the following upcoming Chamber events: I) On February 11 th, the Chamber's Business After Hours will be held at Key Title; 2) On February 23rd, 7:00 p.m., the annual First Citizen Recognition will be held at the United Methodist Church. This is a dessert social and tickets can be obtained at the Chamber Office. The award winners will be announced in the February 17th edition of the Woodburn Independent. 3) Student Job Shadowing Day will be held on February 25th and students will visit numerous worksites within the community. Guest speaker at this luncheon will be Chris Bergstrom who is a student at Tigard High School and is also on the Tigard City Council. Page 3 - Council Meeting Minutes. February 8, 1999 f' ","'-"', .,."._.-..._-_._~-~"......._._.~-----_... 11 I COUNCIL MEETING MINUTES February 8, 1999 TAPE READING 1126 Nancy Kirksey, representative of the County Councils of Oregon, stated that Senators Gordon Smith and Ron Wyden will jointly appear at town hall meetings throughout Oregon to listen to the concerns of Oregonians. She urged Councilors and local citizens to contact her or Mayor Jennings if they would like to have any comments or concerns passed onto the Senators. 1210 CONSENT AGENDA. A) Approval of the Council workshop minutes of January 15 and 16, 1999, and the Council regular and executive session minutes of January 25. 1999; B) Acceptance of the Library Board minutes of January 27, 1999; C) Acceptance of the Planning Commission minutes of January 14, 1999; D) Receipt of a report regarding Boones Ferry Road speed limit; E) Receipt of the Police Department activities report for November 1998; and F) Acceptance of claims for the month of January 1999. FIGLEy/SIFUENTEZ.... approve the consent agenda as presented. The motion passed unanimously. 1244 PUBLIC HEARING - LOCAL LAW ENFORCEMENT BLOCK GRANTS FOR 1997 AND 1998. Mayor Jennings declared the public hearing open at 7:40 p.m.. Chief Wright stated that the City was the recipient of block grant funds from the US Bureau of Justice Administration for 1997 ($17,368) and 1998 ($17,297). These grants require a 10% match of city funds and, prior to the release of grant funds, the following conditions must be met by the City: 1) an Advisory Board makes a recommendation on the expenditure of grant funds, and 2) a public hearing is held before the Council to receive additional input from the public on the expenditure of the funds. The Advisory Board is recommending the purchase of a video imaging system with the 1997 funds and either a document imaging system or an automated fingerprint identification system with the 1998 funds. He stated that it may be up to a year before a final decision is made by the Board as to whether the document imaging system or fingerprint identification system is purchased with the grant funds. No one in the audience commented on the use of the 1997 and 1998 block grant funds. Mayor Jennings closed the public hearing at 8:46 p.m.. FIGLEy/SIFUENTEZ.... approve the receipt and allocation of 1997 and 1998 block grant funds for the purchase of a video imaging system and either the document imaging or fingerprint system. The motion passed unanimously. Page 4 - Council Meeting Minutes, February 8, 1999 r'""' --+- '"......__..._._-~--.-~.. 11 COUNCIL MEETING MINUTES February 8, 1999 TAPE READING 1480 COUNCIL BILL 1947 - RESOLUTION ENTERING INTO AN AMENDED AGREEMENT WITH SALEM AREA TRANSIT DISTRICT FOR FISCAL YEAR 1998-99. Council Bill 1947 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 1947 duly passed. 1513 COUNCIL BILL 1948 - RESOLUTION ESTABLISHING A PUBLIC HEARING DATE FOR VACATION OF A PORTION OF ARNEY ROAD. Council Bill 1948 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 1948 duly passed. The public hearing will be held on March 8, 1999. 1552 APPROVAL OF PLACEMENT OF "NO PARKING" SIGNS ON WOODLAND A VENUE SOUTH OF HIGHWAY 219. Based on safety concerns raised by Waremart, staff recommended the establishment of a "No Parking" zone on both sides of the north/south section of Woodland Avenue and the eastern 100 feet of the east/west section of Woodland A venue. PUGH/FIGLEY... approve the installation of "No Parking" signs on Woodland Avenue south of Highway 219 as recommended by staff. The motion passed unanimously. 1583 BID AWARD - SKID STEER LOADER FOR W ASTEW A TER DIVISION. Bids were received from the following vendors: Salem New Holland, $36,510.00; Bobcat of Portland, $39,984.40; Western Power & Equipment, $43,509.00; and Airpro Equipment, Inc.. $49,135.55. After a review of the bids, staff recommended that the low bid from Salem New Holland be rejected since it did not meet city specifications. and the bid from Bobcat of Portland be accepted since it did meet all specifications. FIGLEy/SIFUENTEZ.... low bid from Salem Ford New Holland be rejected for not being in substantial compliance with specifications. The motion passed unanimously. BJELLAND/SIFUENTEZ... award the contract to the second low bid from Bobcat of Portland for a Skid Steer Loader in the amount of $39,984.40. The motion passed unanimously. 1640 BID A WARD - STEP VAN FOR THE W ASTEW A TER DIVISION. Bids for a 1999 step van were received from the following vendors: Hershberger Motors, $26,258.00; Miles Chevrolet. $26,831.67; Cascade Chevrolet, $26,946.00; and Traschel Buick-GMC. $28,125.00. Staff recommended that the low bid be rejected since it was Page 5 - Council Meeting Minutes. February 8, 1999 COUNCIL MEETING MINUTES February 8, 1999 TAPE READING not in substantial compliance with specifications, and the bid be awarded to the second low bid which was in substantial compliance with city specifications.. FIGLEYIPUGH... reject the low bid from Hershberger Motors for not being in substantial conformance with specifications. The motion passed unanimously. PUGHlKILMURRA Y... award the contract to Miles Chevrolet for a 1999 step van in the amount of $26,831.67. The motion passed unanimously. 1678 1999 RENEWAL OF LIOUOR LICENSES. The staff report reviewed the established standards and criteria which the Police Department follows in making their recommendations to the City Council. For 1999, staff recommended that the Council recommend to the Oregon Liquor Control Commission (OLCC) the renewal of the following liquor licenses: Packal!e Stores: AM-PM Mini Mart, Bi-Mart, Crossroads Deli. E-Z Stop Market, Gary's Market, Payless (Rite-Aid), Lind's Plaza Market. OLCC Store #60, Piper's Jewelry, Roth's IGA, Safeway, Salvadore's Bakery I, Salvadore's Bakery ill, Shop N Kart, Su Casa Imports, 7- 11 Store, Westview Texaco, Woodburn Chevron, Young Street Market Class "A" Disoensers: Chu's Eatery, Chung Sing Restaurant, The Pier, Playa de Oro, Yun Wah Chinese Restaurant Class "B" Disoensers: Eagle's Lodge. Woodburn Elks Class "C" Disoensers: Lupita's Retail Malt Beveral!e: Abby's Pizza Inn, Denny's, 1-5 Fitness Center and Deli, La Unica, Members Club Inc., Pizza Cabana, Pizza Hut. Raven Inn, Sally's Pizza. Senior Estates Country Club, Taqueria Guadalajara, Woodburn Lanes. As noted in the staff report. Chu's Eatery, Raven Inn, and La Unica currently have compliance plans in place. BJELLAND/SIFUENTEZ... Council recommend to the Oregon Liquor Control Commission the renewal of the above listed liquor licenses for the year 1999 as provided for in the memo dated February 3.1999 from the Chief of Police. The motion passed unanimously. 1731 COUNCIL WORKSHOP - DISCUSSION ON DRAFT ANNEXA nON GOALS. POLICIES AND PROCEDURES. Mayor Jennings opened the workshop at 7:55 p.m.. Even though it continues to be a public meeting. the workshop is an informal meeting and Councilors will be allowed to ask questions of the presentors on the topic of discussion. Page 6 - Council Meeting Minutes, February 8. 1999 - . COUNCIL MEETING MINUTES February 8, 1999 TAPE READING Community Development Director Goeckritz stated that the IO-page discussion paper addressed the following three issues: 1) growth, 2) controlling growth within the Urban Growth Boundary through the annexation process. and 3) establishing standards and criteria that either allow or possibly deny an annexation request. Staff is suggesting that a pre-annexation application be submitted by the applicant prior to submittal of the complete development application. Another objective would be to make sure that areas be annexed that are presently enclaves within the City. He stated that most of the criteria developed has been focused on residential development and it is suggested that the following criteria must be met in order to be considered for annexation: I) be contiguous with city limits, 2) extension of public facilities and services, 3) bounded on 3 sides by the City limits with exception available once it goes through the review process, 4) only allow for 3-year supply of land availability; and 5) implement minimum residential density standards. Director Goeckritz stated that the City currently has 16 years of available land that can be developed for residential use, however, he did qualify this statement in that the final buildable lands inventory may adjust the 16 year figure. fu addition to the above criteria, one of the following 5 criteria must be included: I) extend major street system, 2) connect an existing stub. 3) serve an unmet community need, 4) reinforce use of a CIP project. or 5) be developed as a Planned Unit Development (PUD). He suggested that #4 be considered as a required criteria. fu regards to Commercial and fudustrial use annexation proposals, suggested required criteria are: I) contiguous with city limits, 2) extension of public facilities and services, and 3) not require special community financial incentives. Other criteria to be considered as part of a commercial or industrial annexation are 1) create employment opportunities with a "Living Wage". or 2) diversification of the local economy. He referred the Council to pages 10 and II of the staff report which identify the positive and negative consequences of limiting the amount of buildable residential land within the City. Councilor Bjelland questioned if the acreage listed in the report was gross acres which, if correct, would project out to a 20-year supply of available land. Director Goeckritz stated that the buildable lands inventory will give the City updated information on the amount of land currently available for development. Administrator Brown stated that the next step is to start working towards making necessary amendments to the Comprehensive Plan and the Zoning Ordinance. It is anticipated that the amendments would be completed for Council consideration in June. Councilor Bjelland expressed concerns on 1) the criteria that the property must touch on 3 sides and (2) the 3-year need. He stated that there would be very few parcels that would meet the 3-side criteria and suggested that 2 sides would be more appropriate. He also expressed concern that legal issues may arise from the 3-year supply of land availability since we have such a large supply of residential land already available for development. Director Goeckritz stated that there is an exceptions process that the applicant can follow if not all of the criteria is met but strong justification may be a factor in the applicant's Page 7 - Council Meeting Minutes. February 8, 1999 I ,-,','. _..~. ..---...,....-... < "...-...,.....,.".-.*....... _.~. ft . ._~ COUNCIL MEETING MINUTES February 8, 1999 TAPE READING decision to appeal the staff's decision to the Planning Commission and/or City Council. In regards to the land availability, Ashland does have criteria that establishes as-year need of residential land. Mayor Jennings stated that he sees the suggested as a tool for slowing down annexations rather than declaring a moratorium on annexations. Councilor Pugh briefly commented on growth being inevitable and the importance of sensible and practicable growth. Mayor Jennings closed the workshop at 8:23 p.m.. 2900 CITY ADMINISTRATOR'S REPORT. A) Livability Task Force: On March 17th. Lillian Warzynski Court will be dedicated along with honoring a Neighborhood and Indivdual Home of the Year. It is anticipated that awards will be given every 6 months and will also include businesses and Volunteer/Community Projects. A large plaque will be hung in City Hall with smaller plaques inscribed with the names of the winners which will be displayed over many years. He will be creating a Livability budget line item or Livability budget since there will be some costs associated with this program. Councilor Sifuentez stated that it will be named Lillian Warzynski Plaza rather than Court. 3024 Chief Wright stated that, as part of the officer training program, a "Rolling Range" was brought into town which provided our officers with an computerized simulated indoor pistol range which is housed in a steel encased 40 foot trailer. Mayor Jennings stated that he had an opportunity to watch an officer go through one of these exercises and was very impressed with this type of computerized situation training. Tape 2 0088 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez thanked the Mayor for giving the award to David Holt. She stated that she has known him since he was a young child and is very proud of his accomplishments. She also stated that there is a lot of talent among the residents of the City and she is very proud of what these individuals have to offer. Councilor Chadwick stated that at the last Senior Estates coffee hour, they had a speaker on the subject of Scams and, according to this individual, Bend and Woodburn are the two cities in Oregon that have the highest number of complaints. Councilor Pugh stated that he has found that you can request your name to be removed from a telemarketing list which, in some cases, does help to reduce the number of telephone calls. Page 8 - Council Meeting Minutes, February 8,1999 1-.., --"--~_.'-~. --,'----' .--_--~~~ " COUNCIL MEETING MINUTES February 8, 1999 TAPE READING Mayor Jennings briefly reviewed the various Council liaison positions: Councilor Pugh Elected represented to 9-1-1 Board Councilor Figley Park Board Councilor Chadwick Library Board Councilor Kilmurray Fire District Board of Directors Councilor Sifuentez School Board He assured Councilor Bjelland that he would appoint him to a liaison position once he has had a chance to talk to him about his preference and time availability. 0240 In regards to the recognition program. Mayor Jennings urged the Councilors to give him names of individuals, neighborhoods, businesses, or volunteer group deserving of recognition. 0252 EXECUTIVE SESSION. FIGLEY /PUGH... Council adjourn to executive session under the authority of ORS 192.660(1)(0 and ORS 192.660(l)(h). The motion passed unanimously. The Council adjourned to executive session at 8:37 p.m. and reconvened at 9:05 p.m.. 0263 Mayor Jennings stated that no decisions were made in executive session. Councilor Figley expressed her opinion that she would like to pursue the issue of how the C C & R's and conditions of approval are handled. and, understanding that the staff is working on this issue, it will be addressed at a later date. Councilor Pugh stated that numerous developers will setup C C & R's which are enforced during the development process but never formally record the C C & R's for a Homeowners Association to enforce. 0335 PUGHlFIGLEY.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:08 p.m.. APPROVED ~~ ! RICHARD JEN S. MA Y.OR ATTEST (n --- ~ Mary ~~IRecorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, February 8, 1999 ... I