Loading...
Minutes - 05/11/1998 COUNCIL MEETING MINUTES MAY 11, 1998 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, S'FATE OF OREGON, MAY 11, 1998. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present Present Absent Present Present Present Staff Present: City Administrator Walton, City Attorney Shields, Public Works Director Tiwari, Police Chief Wright, Finance Director Gillespie, Recreation & Park Director Westrick, Public Works Manager Rohman, City Recorder Tennant 0023 MINUTES. JENNINGS/FIGLEY.... approve the April 13, 1998 Council minutes (regular, workshop, and executive) as corrected and the April 27th regular and executive session minutes; and accept the Library Board minutes of April 22, 1998. The motion passed unanimously. 0036 ANNOUNCEMENTS. A) Public Hearing on WDA Downtown Conservation District Overlay Zone - The hearing will be held before the Council on May 26,1998 at 7:00 p.m. in the City Hall Council Chambers. B) Workshop/Open House - On May 28, 1998, 6:30 p.m., City Hall Council Chambers, a workshop/open house will be held on issues relating to the planning process, buildable lands inventory, wetlands inventory, and population projections. 0049 PROCLAMATION - PUBLIC WORKS WEEK. Mayor Kirksey read the proclamation designating May 18 - 22,1998 as Public Works Week in Woodburn. During this week, free bus and dial-a-ride van service will be provided and various tours and open houses are scheduled for the public and staff. It was also noted that this is the 20th anniversary of Woodburn's Transportation services. Page I - Council Meeting Minutes, May II, 1998 , '" . II J ._--~ COUNCIL MEETING MINUTES MAY 11, 1998 TAPE READING 0111 PROCLAMATION - POLICE WEEK. Mayor Kirksey proclaimed the week of May 10 - 16, 1998 as Police Week, and May 15th as "Police Memorial Day" in conjunction with this national week of recognition to law enforcement officers. 0182 CHAMBER OF COMMERCE REPORT. Doug Templeton, Chamber President, expressed his appreciation to the Budget Committee for considering their request for more funds in 1998-99. He invited the Council to "Business After Hours" to be held on May 14th between 4:30 pm and 6:00 pm at Huber's Cafe in the Fairway Plaza. The new owners of this business are Jeanette and Duane Huber. He also stated that the Chamber Luncheon Forum will be held on May 20th at the Woodburn Medical Center with the agenda topic being high speed rail. 0300 Russell Bowling, 1000 E. Blaine St., stated that their residential street has been experiencing an increasing problem relating to motorists exceeding the speed limit. Motorists are now using their street which runs from Gatch Street to Hwy. 99E in order to avoid the traffic light at Highway 99E/Lincoln Street. He submitted a petition signed by the residents requesting that speed bumps or some other form of devices be installed to slow down the traffic. The radar trailer and traffic counter have been put in their neighborhood but it has had little or no effect on the speed of the traffic. Mayor Kirksey stated that she emphasized with their situation and suggested that they contact their state legislator to pursue the state-wide use of a radar camera like the ones now in use in Beaverton and Portland. Citations are then mailed to the vehicle owners for excessive speed in city neighborhoods. Councilor Jennings stated that he would also like to meet with the concerned neighbors on this issue. 0405 PUBLIC HEARING - APPEAL OF PLANNING COMMISSION FINAL ORDER AS TO WHETHER THE RENOVATION OF A SINGLE FAMILY RESIDENT IS CONSISTENT WITH THE WOODBURN ZONING ORDINANCE (Anneal bv Stenhen Smith), Mayor Kirksey declared the public hearing open at 7:16 p.m.. Recorder Tennant read the land use statement required under ORS Chapter 197. Attorney Shields distributed his memo to the Council providing procedural guidelines to follow for this hearing and he reminded the Council that the 120-day rule does not apply in this case since the order is an interpretation. He also recommended that, following the hearing, the Council take the matter under advisement and request a legal opinion to address the Council's decision making options. Community Development Director Goeckritz entered the following documents into the Page 2 - Council Meeting Minutes, May II, 1998 ~.~,._,.-.~~~_...-.<.,.".,_..._---- "III ... ~~--"'."--r TAPE READING COUNCIL MEETING MINUTES MAY 11, 1998 record: I) Staff report with all of the attachments on the appeal and the final order dated March 1998 which is included in this agenda packet; 2) Planning Commission hearing of February II, 1998, and 3) the entire record of the previous interpretation by the Planning Commission made on January 9, 1997 and January 23 1997. Director Goeckritz stated that the final order was unanimously approved by the Planning Commission on March 4, 1998. The order includes 12 findings to substantiate their interpretation of the zoning ordinance. Councilor Jennings stated that in his review of the record, this home was originally built in 1919 and that there seems to be a disparity in the setback of approximately 4" to 6". His review of the Planning Commission minutes also mention that, at some point in time between the original date in which the home was built and the present date, there was 2.8 feet conveyed to the property now owned by Mr. Smith. He questioned if the property purchased by Mr. Smith in 1978 (located at 286 E. Lincoln) included the 2.8 feet that was originally part ofMr. Doman's property (located at 276 E. Lincoln). He also questioned if the footprint of the building at 276 E. Lincoln had changed as part of this building project. Director Goeckritz stated that the transfer of property took place prior to Mr. Smith's purchase of his property. In regards to the footprint, there was no change to the footprint of the foundation. Bob Engle, attorney representing Stephen Smith, stated that he has only been involved with this issue for about two weeks. During that time, he has reviewed the record and, in his opinion, the Planning Commission's findings #10 and #12 are in error. He stated that the question before the Council is whether or not Mr. Doman should have brought the house into code compliance which would call for a 6 foot setback. He is not interested in discussing remedies or what Mr. Smith wants to have happen other than Mr. Smith wants the Council to take a fair and impartial look at the ordinance language and decide whether he is right or wrong on his interpretation. Currently. the house does not comply with existing code since the side yard setback is less than 6 feet from the property line. He stated that the City's Zoning Ordinance refers to repairs (3.060), structural changes (3.080), and reconstruction of a building (3.070) which relating to the question of conformity. Photographs of the building, before any change and in its current building stage, were entered into the record (appellant Exhibit I). Mr. Engle expressed his opinion that the building was structurally altered from its original design thereby requiring the owner to conform to existing standards even though the footprint of the building did not change with the new design. In this case, Mr. Smith is asking the Council for recognition in that the building should have been brought into compliance for the setback. He stated Page 3 - Council Meeting Minutes, May II, 1998 ! .,... ~. ,- ~I r I COUNCIL MEETING MINUTES MAY 11, 1998 TAPE READING that property owners have a right to know what can be expected and strict compliance should be enforced. He reiterated that it is the policy of the zoning ordinance to get rid of non-conforming uses. Councilor Jennings stated that he respected Attorney Engle's opinion, however, he would be asking the City Attorney for an opinion on this issue before a final decision is made. Attorney Engle reiterated that both parties are entitled to a fair interpretation of this ordinance and he agreed that a legal opinion from the City Attorney should be obtained before a final decision is made by the Council. Councilor Pugh questioned if a survey had been done on Mr. Doman's property and, if not, that it be completed prior to a final decision being made by the Council. JoAnne Beck, attorney representing Mr. Doman, expressed her opinion that the state statute (ORS 215.130) overrides City ordinance on this issue and she cited specific case law to backup her opinion that county legislation, from which city legislation is usually copied, must conform to the statutes regulating non-conforming uses. She reviewed the provisions of this statute and its applicability to this case. She stated that the new building does not create an adverse impact on the surrounding neighborhood, it continues to be a single family home, and is a vast improvement over the structure that was there before alterations were made. She stated that Mr. Doman had ordered an official survey which shows that the setback is between 4" and 6" less than the existing 6 foot sideyard setback requirement. She reiterated that the case law interpretation says that the county legislation must conform with the state statute and, assuming that the City ordinance for building is based on the Marion County ordinance for building, the state statute would apply. Jennings questioned staffregarding the provision within the zoning ordinance that allows for an administrative variance to be given rather than taking the variance issue before the Planning Commission. Community Development Director Goeckritz stated that the zoning ordinance does allow for adjustments to be made administratively by the Director. In this case, he felt that the adjustment was justified based on the distance being requested for a variance. However, the Planning Commission felt that their decision on the interpretation of the ordinance was strong enough to stand alone. 1973 Attorney Engle stated that he would like to see the Council agreeing with Mr. Smith regarding the interpretation of the ordinance and for the City Attorney to give the Council a legal interpretation on how the statutory basis is interpreted versus city ordinance requirements. He stated that he disagreed with the interpretation presented by Attorney Beck in this type of case since he believes that the City can be more restrictive in their civil requirements. Page 4 - Council Meeting Minutes, May II, 1998 ,. --."..--.., 111 1 -I COUNCIL MEETING MINUTES MAY 11, 1998 TAPE READING City Attorney Shields informed the Council that they could close the public hearing and no further testimony would be entered into the record. A motion could be passed after the hearing is closed to direct the City Attorney to research the issue and prepare a legal opinion for their review. Mayor Kirksey declared the public hearing closed at 8:05 p.m.. 2100 Councilor Jennings stated that he would like to obtain information from our attorney as to how the state statute effects the provisions within the city zoning ordinance. Councilor Pugh would like to have our attorney a legal opinion on options in a broad sense. Councilor Sifuentez stated that the Council has heard from the attorneys representing the appellant and respondent and, with the City Attorney's opinion, will be able to make a decision on this issue. Councilor Figley stated that she was interested in obtaining more information on the difference between a major remodel and reconstruction, and on any case law on this issue. The Councilors also stated that they would like to have Attorney Shields look at all options when rendering an opinion on this issue. 2258 JENNINGSIPUGH.... City Attorney render a legal opinion concerning this issue taking into consideration comments made by all of the Councilors. The motion passed unanimously. Mayor Kirksey called for a break at 8:09 p.m. and reconvened the meeting at 8:15 p.m.. 2273 COUNCIL BILL 1881 - ORDINANCE REPEALING ORDINANCES ADOPTING 1993 OREGON MECHANICAL SPECIALTY CODE. 1993 OREGON STRUCTURAL SPECIALTY CODE. THE 1993 NATIONAL ELECTRIC CODE. THE 1992 OREGON PLUMBING SPECIALITY CODE. AND THE 1993 1 & 2 FAMILY DWELLING SPECIALTY CODE. Council Bill 1881 was introduced by Councilor Sifuentez. Recorder Tennant read the two readings ofthe bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1881 duly passed with the emergency clause. 2236 COUNCIL BILL 1882 - ORDINANCE ANNEXING 14.5 ACRES LOCATED WEST OF BOONES FERRY RD. AND NORTH OF VANDERBECK ROAD: AMENDING THE ZONING MAP FROM MARION COUNTY URBAN TRANSITION FARM (UTF) TO CITY SINGLE FAMILY RESIDENTIAL (RS). Councilor Sifuentez introduced Council Bill 1882. The two readings of the bill were read Page 5 - Council Meeting Minutes, May 11, 1998 ! On _..,.... "'--'--Ti ---'-T COUNCIL MEETING MINUTES MAY 11, 1998 TAPE READING by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1882 duly passed with the emergency clause. 2391 COUNCIL BILL 1883 - RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 1997-98. Council Bill 1883 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1883 passed unanimously. Mayor Kirksey declared the bill duly passed. 2419 COUNCIL BILL 1884 - RESOLUTION ENTERING INTO A GRANT CONTRACT WITH THE STATE FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE MILL CREEK FORCE MAIN AND INFLOW CORRECTION PROJECT. Councilor Sifuentez introduced Council Bill 1884. 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 Kirksey declared Council Bill 1884 duly passed. 2450 COUNCIL BILL 1885 - RESOLUTION SUPPORTING ASSISTED HOUSING PROGRAMS. Councilor Sifuentez introduced Council Bill 1885. 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 Kirksey declared Council Bill 1885 duly passed. 2474 COUNCIL BILL 1886 - RESOLUTION ENTERING INTO AN ADDENDUM AGREEMENT WITH CH2M-HILL. Council Bill 1886 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1886 passed unanimously. Mayor Kirksey declared the bill duly passed. 2502 COUNCIL BILL 1887 - RESOLUTION ENTERING INTO A PERSONAL SERVICES AGREEMENT WITH SHAPIRO AND ASSOC. TO CONDUCT WETLANDS INVENTORY. Councilor Sifuentez introduced Council Bill 1887. 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 Kirksey declared Council Bill 1887 duly passed. Page 6 - Council Meeting Minutes, May 11, 1998 1m COUNCIL MEETING MINUTES MAY 11, 1998 TAPE READING 2532 CONTRACT AWARD - POPLAR TREE CUTTINGS. Bids were submitted by the following companies: John Segal Hop Ranch, $9,000; Mt. Jefferson Farms, Inc., $9,300; PICTI, $9,600 (withdrew bid after submittal); Broadacres Nursery, Inc., $11,100; and Tree of the Future, $12,000. Staff recommended the acceptance of the low bid from John Segal Hop Ranch who supplies poplar tree cuttings all over the United States. JENNINGS/FIGLEY... award the material purchase contract for poplar tree cuttings to John Segal Hop Ranch in the amount of $9,000. The motion passed unanimously. 2558 CONTRACT AWARD - MILL CREEK FORCE MAIN PROJECT. Bids for the construction ofthe Mill Creek Force Main project were received from the following contractors: James W. Fowler Co., $2,286,053.61; R & G Excavation Co., $2,461,521.05; Emery & Sons, $2,500,881.50; Moore Excavation, $2,503,778.00; 3 Dimensional, $2,779,663.65; S-2 Contractors, $2,849,886.75; Kerr Contractors, $2,862,893.50; Bonstan Construction, $2,996,320.75; and Nutter Underground Utilities Co., $3,006,057.10. Staff recommended the acceptance of the low bid from James W. Fowler Co. which was 8.7% below the engineer's estimate of $2,503,292.24. JENNINGS/FIGLEY.... contract be awarded to the low bidder, James W. Fowler Co., in the amount of $2,286,053.61 for the construction of the Mill Creek force main project pending environmental review clearance. The motion passed unanimously. 2578 AUTHORIZATION TO USE PLANNING CONSULTANT RE: PROPOSED FACTORY OUTLET PROJECT. Administrator Walton requested that authorization be given for staff to contract with a planning consultant to assist planning staff in processing the proposed factory outlet application. The developers are willing to pay the consultant fees, however, a personal services contract needs to be finalized along with a contract with the developer. By hiring a consultant, the application will be processed in a timely manner. JENNINGS/FIGLEY... authorize the Mayor to enter into personal services contract for planning services related to the proposed factory outlet project. The motion passed unanimously. 2630 REOUEST FOR SOUND AMPLIFICATION PERMIT. A request for a sound amplification permit was submitted by Mary Kent, 1265 George St., for Saturday, May 23"', between the hours of 7:00 pm and 12:00 am, for the purpose of having outdoor music as part of a private reception. Chief Wright recommended that the request be denied since the Council has denied other requests in the past that have been requested by private persons in residential areas. JENNINGS/FIGLEY... request submitted by Mary Kent for a sound amplification permit be denied. The motion passed unanimously. Page 7 - Council Meeting Minutes, May 11, 1998 1 ..,... .. II '-T COUNCIL MEETING MINUTES MAY 11, 1998 TAPE READING 2650 COASTAL FARM SUPPLY "MORNING MARKET". Chief Wright provided a staff report on the recent event held at the Coastal Farm Supply Store. Photographs were distributed to the Council so that they could see what the parking lot area looked like and how owners were keeping their animals confined. He stated that this was the first time this event was held at this store and the store management would like to hold this event the first Saturday of each month through the month of September. Even though the event went well, he reminded the Council that the City is not equipped to corral large livestock if they do get loose. He was not making any recommendations on this issue and was providing information for the Council to consider since the store is requesting that they be allowed to hold this event during the summer months. Director Goeckritz stated that the Commission had discussed this request and had decided to allow this event provided that there are no problems associated with it. The Commission felt that this was ancillary to the main business of Coastal Farm and monitoring the event was appropriate at this time with final review in September as to whether or not it should be allowed to continue in the future. Councilor Jennings stated that he wanted this event to be monitored and, if it got out of hand, it be discontinued. Councilor Figley also stated that, by looking at the pictures, this event seems to be okay, however, she agreed with the concerns expressed by Chief Wright. Mayor Kirksey suggested that they be given a temporary permit through September unless there is a problem at which time the permit can be pulled. The company would then be required to approach the City annually to obtain a permit for future events. PUGHlFIGLEY... temporary permit for this year be issued to Coastal Farm & Home Supply. The motion passed unanimously. 2933 SITE PLAN ACTIONS AND SUBDIVISIONS. A) Site Plan Review #98-2 - Columbia Steel Products: No action was taken on the Planning Commission's approval for the construction of a manufactured building to produce steel shelving and other metal products on property located at 2888 North Front Street. B) Subdivision #97-05 - Miller Links: No action was taken by the Council on the Commission's approval of a 72-lot subdivision on the 14.5 acre site located west of Boones Ferry Rd and north of Vanderbeck Rd.. 2973 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez stated that traffic complaints are increasing due to the growth within our community. She stated that she is proud of our City in that we are growing but are still small enough to where the citizens will call their Councilors on issues of concern. She encouraged the public to continue contacting their Councilors but cautioned them that answers will take Page 8 - Council Meeting Minutes, May 11, 1998 III . ---T COUNCIL MEETING MINUTES MAY 11, 1998 TAPE READING a little time in obtaining due to the time demands placed on staff. Councilor Chadwick expressed her appreciation to Administrator Walton for his newsletter which gives her a better understanding of what is going on in the City. Tape 2 Councilor Figley stated that the Budget Committee has concluded their hearings for the 1998-99 city budget and she expressed her appreciation to the staff in putting together a budget that was understandable and fiscally sensible. She stated that she was proud of a being a part ofthe City Budget Committee that deliberated, made some adjustments, and ultimately recommended a budget that the public can be proud of. Councilor Jennings stated that he had received a telephone call from a concerned citizen regarding the condition of Legion Park following the recent event held at the park. The park has inadequate drainage, therefore, tire ruts were very deep due to the heavy rains on Friday night. If the repair to the grass was done right. it would cost over $5,000 to do the tilling and reseeding. The Parks Department is working with the event coordinator and the cost will be about $500 to take care of the immediate problems. He stated that he has discussed this issue with Director Westrick and it was decided that events should not be held at Legion Park until after June 15th because the ground is too wet. He also feels that all contracts need to be looked at in regards to deposit requirements and requirements to repair damage to city parks. 0138 EXECUTIVE SESSION. JENNINGSIPUGH.... adjourn to executive session under the authority of ORS 192.660(1 )(f) to consider records that are exempt by law from public inspection and ORS 192.660(1 )(h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. The motion passed unanimously. The meeting adjourned to executive session at 8:37 pm and reconvened at 9:07 p.m.. 0148 No action was taken by the Council as a result of the executive session. JENNINGSIPUGH... meeting be adjourned. The motion passed unanimously. APPROVED ~~,4~~ NANCY A. IRKSEY, MAYOR ATTEST /iY)"-1..'-i---r::......., ,.,~ Mary T~ant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, May 11, 1998 .......... ,. . ._---_._-_."...~_.._. 111 T ----~.--r