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Minutes - 07/27/1998 COUNCIL MEETING MINUTES JULY 27,1998 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 27,1998. 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 Present Present Present Present Staff Present: City Administrator Walton, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Finance Director Gillespie, Recreation & Park Director Westrick, Public Works Manager Rohman, Intern Administrative Asst. Smith, City Recorder Tennant 0024 MINUTES. JENNINGSIFIGLEY... approve the Council minutes of July 13, 1998. The motion passed unanimously. 0030 ANNOUNCEMENTS. I) Fiesta Latin American Days - July 31" through August 2nd at Legion Park. The parade will be held on Saturday beginning at 12:00 noon. Mayor Kirksey stated that her husband would be driving the train and she urged Councilors to participate by riding in the train. 2) Centennial Park Groundbreaking - August 4th, 6:00 p.m., at the Centennial Park site. 0055 APPOINTMENTS. Mayor Kirksey stated that there is a vacancy on the Planning Commission which needs to be filled as soon as possible. She requested the Councilors to submit names of individuals interested in serving on this Commission. 0066 Administrator Walton requested that the following items be added to the agenda: (I) Item II G - National Night Out street closure; and (2) Emergency Pwnp Repair at Mill Creek #3. It was the consensus of the Council to add these items to the agenda. Page I - Council Meeting Minutes, July 27, 1998 T * , "_..'~".'_."'.".."" COUNCIL MEETING MINUTES JULY 27,1998 TAPE READING 0091 PROCLAMATION - NATIONAL NIGHT OUT. AUGUST 4.1998. Mayor Kirksey proclaimed August 4, 1998 as National Night Out within the City and urged citizens to join the Woodburn Police Department and the National Association of Town Watch and support the 15th annual National Night Out program. 0151 CHAMBER OF COMMERCE REPORT. Jane Kanz, Chamber Executive Director, reminded the Council of the upcoming events: (I) the Annual Chamber Golf Tournament will be held on August 7th at the Evergreen Golf Course in Mt. Angel; (2) the Mexican Fiesta will be held July 31" through August 2nd at Legion Park. She stated that the Chamber office had received numerous calls from persons interested in this event. (3) the Chamber has entered into an agreement with the Woodburn Independent to publish the 1999 Business Director and Community Profile. She also showed the Council a new brochure that will be distributed in the next Chamber newsletter which talks about the new $20.00 bill that is coming out this fall. 0216 Joan Garren, 1040 Wilson, stated that she wanted to express her concerns on an agenda item relating to the liquor license application for E-Z Stop Grocery & Deli. Mayor Kirksey stated that she will suspend the rules and let her comment on that agenda item when it is brought up for discussion. 0260 Preston Tack, Vice Chairman of the Community Relations Committee of the Senior Estates Golf & County Club, read into the record a letter from his Committee, as authorized by the Board of Directors, requesting Council consideration of an ordinance to "Foster and Facilitate Citizen Involvement in Local Government". A sample ordinance drafted by their Committee was provided to the Council. JENNINGSIFIGLEY.... City officially accept the letter and forward it to the City Attorney for a report back to the Council. The motion passed unanimously. 0453 CONTINUATION OF PUBLIC HEARING - WOODBURN FACTORY STORES. Mayor Kirksey continued the public hearing at 7:16 p.m.. Attorney Shields stated that the applicant had requested that all of the requests made by Craig Realty Group be considered as a package and applicable notices have been published that encompass all of the requests. JENNINGSIFIGLEY... call up for consideration all of the land use requests that were before the Planning Commission. The motion passed unanimously. Recorder Tennant read the land use statement required under Chapter 197. Page 2 - Council Meeting Minutes, July 27,1998 T ~. .--""-'-"-~"""'."-"- --'._-~""'-------'- COUNCIL MEETING MINUTES JULY 27,1998 TAPE READING Community Development Director Goeckritz introduced the following exhibits into the record: 1) Exhibit 1 - Chappel Factory Outlet: a) application, b) maps, c) traffic impact analysis, and d) notifications; 2) Exhibit 2 - Chappell Factory Outlet: a) Annexation #92-01, Comprehensive Plan Map amendment #92-01, Zone map amendment #92-02; b) SPR 92-09; c) letters of objection and support; and d) correspondence; 3) Exhibit 3 - Ordinance #2097; 4) Exhibit 4 - Woodburn Transportation Plan; 5) Exhibit 5 (two folders) - Applicant's submittals (Woodburn Company Stores): a) staff report; b) wetlands study; c) transportation analysis - Kittleson; d) lot line adjustment; e) 3 variances; f) public notices; and g) correspondence; 6) Exhibit 6 - architectural/engineering maps of Wood bum Factory Stores Phase 1 and 11 dated May 1998; 7) Exhibit 7 - Staff report from June 11, 1998; 8) Exhibit 8 - Summary of applicant's presentation to Planning Commission on June 11, 1998 along with elevations; 9) Exhibit 9 - Comment forms received by Woodburn Company Stores during their Open House held on May 5,1998 at Yun Wah Restaurant, Woodburn; 10) Exhibit 10 - Staff report submitted on June 25, 1998; 11) Exhibit 11 - Citizen comments submitted to the Planning Commission; 12) Exhibit 12 - Landscaping, lighting, BPA standards; 13) Exhibit 13 - Oregon Dept. of Transportation (ODOT) technical memo, letter to Steve Craig dated July 9, 1998 on fair share issue; 14) Exhibit 14 - Applicant handout to Planning Commission regarding building elevations and discussion of conditions of approval; 15) Exhibit 15 - ODOT letter dated July 27,1998 regarding response to applicant's comments; 16) Exhibit 15A - map showing water cost sharing proposal; 17) Exhibit 15B - drainage map; and 18) Exhibit 15C - map of area included in proposed LID process. Councilor Jennings questioned if all of the information being entered into the record was the same information entered into the record when it went to the Planning Commission. Director Goeckritz stated that the information was either in their agenda packet or an exhibit. Director Goeckritz proceeded with the staff report. He stated that the proposed development is located along 1-5 north of the interchange encompassing 31.7 acres with Page 3 - Council Meeting Minutes, July 27,1998 ~. COUNCIL MEETING MINUTES JULY 27,1998 TAPE READING the facility size being 243,245 square feet in size. There are 8 different requests in this proposal which include the following: I) annexation of .38 acre parcel (portion of tax lot 300); 2) Comprehensive Plan map amendment from high density to commercial for the parcel being annexed; 3) zone map amendment (tax lot 702 and 800) from interchange district to commercial, 4) zone map amendment for the portion of tax lot 300 to be annexed from Urban Transition Farm to Commercial Retail; 5) request for approval of a site plan review for a factory outlet center; 6) lot line adjustment, 7) determination that conditions of approval IIIB(I)-(3) of Ordinance No. 2097 are satisfied; and 8) variances to sign height, location and square footage. The Planning Commission did recommend, with conditions, that the conditions of approval under Ordinance No. 2097 were fulfilled. The City adopted the Transportation Plan in 1996 and the loss of28 acres ofland zoned as multi-family residential was made up by converting land located along Parr Road (19 acres known as Parr Acres) and 11 acres ofland located south of Molalla Hwy. and west of Cooley Rd was converted from single family residential to multi-family residential. He also stated that the Commission did make their approval contingent upon a factory outlet store being developed at the site. In regards to the site plan, Arney Road would be re-dedicated to the configuration in the staff report. Standards have been met by the developer and the elevations portray a very attractive development. The Commission made allowance for staffto go ahead and work with the developer on actual location and size of trees to be planted. In regards to sign variances, the Planning Commission did grant a variance of an integrated sign to 300 square feet and the height be allowed to 45 feet which is similar in height to the Texaco sign located in the northwest quadrant of the 1-5 interchange. The developer also requested that the wall signs on canopies at the individual businesses be 1.5 square feet for every lineal foot of building and the Commission did grant this request. He stated that the staff report fully addresses the issues and the Commission has substantiated, with findings, the recommendation for approval the various land use actions. Councilor Jennings questioned how the Texaco sign received 45 feet rather than the maximum 35 feet under the sign ordinance. Director Goeckritz stated that the Texaco sign was placed prior to the adoption of the current ordinance and may have received a variance for the sign height. Councilor Figley referred to the letter from ODOT regarding improvements to the east side ofthe interchange since she did not feel that the developer should be required to do a lot of work on the east side which, in her opinion, is not their problem. Director Goeckritz that the Planning Commission wanted two things excluded from the ODOT recommended conditions: 1) open-ended participation by the applicant, and 2) additional right-of-way, if purchased by ODOT, would be reimbursed by the developer. Page 4 - Council Meeting Minutes, July 27,1998 .' < -~.. ... ........ . COUNCIL MEETING MINUTES JULY 27, 1998 TAPE READING 1255 June Carlson, Mid-Willamette Valley Area Manager for OOOT, reviewed OOOT's recommended conditions of approval as presented in their letter, with attachments, dated July 27, 1998 (Exhibit 15). She stated that OOOT is not in a position to legally place requirements on development, therefore, they are requesting the City to place those conditions on the applicant based on their analysis on how Highway 214 and the interchange will function. She stated that OOOT is in agreement with the Planning Commission and staffrecommendation that the commitment for long-term participation at the intersection by the developer be withdrawn. She encouraged the Council to consider the use of a non-remonstrance for a local improvement district for participation in future improvement at the interchange. Secondly, the installation of a raised median and an additional westbound lane of traffic on the east side ofI-5 can be accommodated within the existing curb-to-curb pavement width, however, the lane widths would be at minimum standards. Full-standard lane width would require the purchase of some right- of-way along with construction and OOOT does not have funding available for this work. The median is necessary to reduce the stack -up of traffic and emergency vehicles could drive over the median. She stated that there is a request for sign bridges and the Woodburn Company Stores report identified two sign bridges as you approach and get off at the overpass. OOOT is requesting that it be a full bridge with the preliminary cost at $80,000 each for a total of $160,000.00. She stated that this is only needed because of this development. She stated that these roadway changes will only mitigate the traffic from the development for a period of 5 to 8 years. There are no plans for improvements at the interchange at this time, however, OOOT will be reviewing the corridor plan for 1-5 in January 1999. She requested that the Council take their recommendations into consideration when making their decision. 1615 Public Works Oirector Tiwari stated that staff supports the recommendations made by OOOT. Even though there are many areas of agreement with the developer, there are some disagreements one being the east side ofHwy. 214 to Lawson Avenue. The OOOT position to install the median barrier from Lawson Ave. to 1-5 is necessary because ofthe stacking condition. In this project, it has been agreed that the water line within the project area will be paid for 100% by the developer, however, beyond their property, it has been recommended that they pay 50% of the cost to complete the water line improvements. In regards to drainage, there will be some improvements and a detention pond will be built. Within the second phase, there would be a need to improve the second swale further north and the recommendation is that if the conveyance system is approved, such as it carry more storm water than the existing system at a cost to the developer, then staff will recommend that shifting of channel or piping of certain portion of channel be allowed. This will be subject to meeting state requirements. Lastly, it is the staffs position that Arney Road south of the developer's property be improved and a traffic Page 5 - Council Meeting Minutes, July 27, 1998 T - .......-. .'-----.,- I , .,.---"-- COUNCIL MEETING MINUTES JULY 27, 1998 TAPE READING light at Woodland/Hwy. 214 be installed utilizing the local improvement district process. If the LID fails, the road still needs to be improved. Due to bond sale problems under current tax laws, front end costs will need to be paid by the developer, and, if the LID is approved, the developer will be reimbursed from money collected from the other property owners. Councilor Jennings questioned what would happen if the LID would fail. Director Tiwari stated that the Hershberger development included a Planning Commission condition for improvement of roadway in front of their property and, if the LID fails, the developer will still have to make the necessary roadway improvements. Mayor Kirksey expressed her opinion that the citizens should not have to pay for any of these road improvements in the event the LID fails. 2128 Steve Craig, applicant, stated that the conditions of approval for Hershberger Motors does require improvements to Arney Road along their property frontage and pro-rata share of costs of Arney Road to Woodland. He referred to Exhibit 14, tab 7 & 8, which outlines his cost sharing proposal for the Arney Road extension and the traffic signal at Highway 219 and Woodland Avenue. He reminded the Council that Waremart, Miles Chevrolet, and possibly Hershberger's are also conditioned to pay for a pro-rata share of the traffic signal cost. Mr. Craig stated that he had formally announced the project around May 5, 1998 and the majority of all of the comments have been very favorable. The public seems to want a place to shop locally and they also want the developer to pay for their fair share in public improvements. He feels that their project will provide a safe and convenient place to shop and they will be constructing their fair share, if not more, of the public improvements. In 1992, the City had approved a similar type of shopping center which was about 10% larger than his proposal. He feels that their project is more attractive and customer friendly than the 1992 proposal and, if it all goes as planned, will be the nicest outlet shopping center in the northwest. Benefits to the citizenry of Woodburn include an immediate $750,000 contribution to the systems development charges. There will also be approximately $200,000 paid in property taxes to the City which is separate from the portion paid to the school district. Other improvements include approximately Yz mile of new roadway, 1 mile of new sidewalks, traffic signal at Woodland and Hwy. 219, and a new fully improved second lane to the 1-5 southbound off-ramp. He briefly reviewed the road improvements to the interchange area. The development will consist of 65 stores and will create over 400 full-time and part-time jobs. The outlet center will a unique year-round shopping place since walkways between stores will be covered. Elevation drawings were displayed to show the Council what the building designs will be once the project is complete. He stated that they had agreed on 67 conditions, however, they continue to disagree on certain conditions that were significant to the project. Those Page 6 - Council Meeting Minutes, July 27,1998 .. .. COUNCIL MEETING MINUTES JULY 27, 1998 TAPE READING conditions are as follows: I) ODOT recommendation to pay for future right-of-way on the east side of Highway 214; 2) eliminate the requirement for a median on Hwy. 214 east of the 1-5 overpass; 3) ODOT recommendation to install sign bridges at a cost of approximately $160,000 rather than their proposal to install a single pole arm structure which has the same information on it as a sign bridge. His firm would like to have a $50,000 cap placed on this type of sigI?-' He requested Council support in reaffirming the Planning Commission's recommendation on the right-of-way, eliminate the requirement for the median on the east side ofHwy. 214, and to limit their exposure on signs to $50,000. He briefly reviewed the public works conditions and expressed his hope that the LID process would be approved by the benefitted property owners. He confirmed their acceptance of the 50/50 cost share for the water line improvement. Lastly, he stated that the original application was for a 750 square foot integrated business sign and requested that the Council approve an integrated business sign of 450 square feet. If the second phase is eventually built, there will be about 110 businesses and he stated that they would be willing to agree that no additional pole signs would be installed if the second phase is built. He also requested that the sign height be 65 feet in order to have the southbound traffic see the sign in time to take the exit. Mr. Craig also stated that, at their own risk, they have decided to start part of the construction of the roadway of the new revised Arney Road which would allow them to get part of their work done before the rainy season. 0295 Councilor Jennings questioned if the Arney Road improvement would widen the road to more than 2 lanes. Mr. Craig stated that Arney Road will continue to be a 2 lane road, however, there will be a left turn lane in the new Arney Road. It was noted for the record that there was no conflict of interest through ex-parte contact expressed by the Councilor Mayor. Mayor Kirksey called for a break at 8:37 p.m. and reconvened the meeting at 8:47 p.m.. Mayor Kirksey stated that public testimony would be limited to 10 minutes per individual and there would be no relinquishing of unused time to another individual. Councilor Jennings stated for the record that during the break he did talk to Steve Craig for the purpose of finding out the date of the picture included in notebook (Exhibit 14). Councilor Figley stated that she and Councilor Pugh also participated in this discussion and did find out that the picture was taken in 1968. 0379 Teresa Sonera, Manager of the Comfort Inn and Vice President of the Chamber of Commerce, expressed her support for this project since it create many new jobs and be a nice shopping facility. She also stated that she had attended the Open House hosted by Page 7 - Council Meeting Minutes, July 27, 1998 T .. . ---~.."-~~,--~.~, "'" COUNCIL MEETING MINUTES JULY 27, 1998 TAPE READING the applicant and was glad that they had chosen Woodburn for their development. Paula Wolcott, 16517 Arney Rd., stated that they live just north of this project and they initially had some concerns on the roadway issue, however, final plans show that the roadway will be acceptable to them. She expressed her support for the project. Kip Miles, 3001 W. Newberg Hwy., stated that he is very familiar with the property taxes that will be paid since Miles Chevrolet did not pay city tax at their previous location. He felt that Mr. Craig did not bring enough attention to the fact that the City will receive approximately $200,000 a year from this project in addition to the creation of approximately 400 jobs. He expressed his opinion that Council, Planning Commission, and staff have done a good job in making Woodburn a beautiful place and the proposed development will enhance the community. Jane Kanz, Executive Director of the Chamber of Commerce, expressed the Chamber's support for this project in that it will be an asset to the community and add to the diversity that is needed in the business community. She also stated that the transportation improvements to the current system should not be a band-aid approach to improvements and the improvements proposed by the developer are beyond what should be expected from any single project. The transportation problems on the east side have been a problem before this project was proposed and will continue to be a problem until the capacity on Hwy. 214 is increased. Leo Hillyer, 3000 Newberg Hwy., stated that he was definitely in favor of the project. This developer has completed other projects in the past and Woodburn should feel honored that he has chosen this site for his next project. The City needs to continue to grow and this type of project will bring a lot of revenue to the city upfront and in years to come. Kip Miles stated that, in defense ofthe businesses on the east side of the interchange, he suggested that the Council give strong consideration to the livelihood of those businesses affected by the median. In his opinion, he does not feel that Mr. Craig is trying to get out of anything but he feels that there is a better answer to this traffic problem. Henry Jaeger, 1830 E. Hardcastle, expressed his support for this project in that local residents can shop locally rather than driving to Lincoln City or Troutdale. He feels that ODOT is not taking into consideration the fact that other people in Salem or north towards Portland may very well come to Woodburn due to the shorter distance thereby saving on fuel and wear/tear on other roads. He also did not feel that the developer should be responsible for improvements on the east side of the interchange as recommended by ODOT. Wanda Adney, 1026 Randolph Rd., stated that she has lived in the area since 1946 and is pleased by the fact that the growth continues to bring everyone together as one City. She is supportive of this project and urged Council approval of this project which will make it a great addition to our diversed population that makes Woodburn special. Page 8 - Council Meeting Minutes, July 27,1998 T .. .._"-_._,~-....' COUNCIL MEETING MINUTES JULY 27,1998 TAPE READING Dave Christoff, 649 Wilson, stated that he is in favor of the project and feels that the technical issues have been covered thoroughly by staff. The Planning Commission has addressed this issue and the outlet has met the established criteria. In regards to signage, he feels that it is reasonable to grant the signs the developer has requested since the number of businesses included in this center needs exposure and will direct traffic to the west side of the freeway. He did not feel that it was reasonable for the Council to require this applicant to take care of a problem that belongs to ODOT, the City, and the County. He feels that the City has done their homework in studying the traffic issue and adopting a transportation plan. The developer has been very cooperative and has gone beyond what the City has requested. The development will improve the image of Woodburn, provide job diversification, and provide a tax benefit to the community. In his opinion, the $160,000 sign bridge is not money well-spent. Michael Robinson, applicant's attorney, stated that he would comment during rebuttal. Terry Hepner, 8195 SW Hall Blvd, Suite 203, Beaverton, stated that he became involved with this property either through ownership or marketing right after Capital Development failed to go forward. He has always felt that it would be an excellent location for an outlet and began contacting developers in 1993. Once the transportation study was completed, Mr. Craig expressed an interest in this property and the process began to design a plan that would provide a user friendly shopping outlet center. He urged Council approval of the development and reiterated that (I) the Council reaffirm the Planning Commission position that the applicant not be responsible for acquiring right- of-way acquisition, (2) to eliminate the requirements for the median on Hwy. 214 east of the overpass, (3) and to keep the hard costs on the sign bridge limited to $50,000. He also stated that it is acceptable to the applicant that the median be placed on the west side of the overpass. Steve Deacon, President of S D Deacon Corp (general contractor on this project), stated that his firm had the opportunity of building the WalMart store in Woodburn. He stated that he has known Mr. Craig for approximately 8 years and his company has worked with him on 7 projects at three different sites including the Troutdale outlet center. He stated that Mr. Craig has a very high level of integrity and cooperation, and Mr. Craig's interest is in providing a very high quality for himself, the stores located at the center, and for the community as a whole. Mindy Smith, owner of the McDonald stores in Woodburn, expressed her support for this project which will bring tremendous revenues to our community. It will also make our community respected and known for positive things including donations and/or support for local organizations within our community. She also wanted to include in the record that they should be required to do the median on the east side of the interchange. She has a personal interest in that median in that it will affect businesses in that area and she is concerned about its effect on emergency services. She also wanted the Council to know Page 9 - Council Meeting Minutes, July 27,1998 T . .. COUNCIL MEETING MINUTES JULY 27,1998 TAPE READING that she is in favor of the right-inlright-out traffic flow on Lawson Ave., however, there is beginning to be traffic stacking up on Evergreen and she is concern about this street becoming more congested with the re-direction of the traffic flow. In regards to signage, she felt that the applicant's request should be met since signage is very important to a business. Ladeen Kyte, manager of Wendy's, stated that they are in favor of the project but they do not want to see a raised median on Highway 214 on the east side of the overpass. 1290 Eric Jacobsen, representing the Dept. of Land Conservation & Development, submitted a letter to the Council in opposition to the Woodburn Company Stores application (Opponents Exhibit I). He stated that LCDC continues to be concerned with the traffic impact in that area. In their opinion, the original condition imposed in 1992 (completion of a transportation system plan) has not been fulfilled. He stated that all of the studies completed to date show that within 5 years, the interchange will be operating at a worse level of service than it is today. There will be more cars being delayed at the interchange resulting in increased frustration and reduced livability of the community. City staff feels that the condition of approval from 1992 has been met and, in their opinion, the Transportation Plan adopted by the Council only deferred the decision to a later refinement plan that would be completed subsequent to the adoption of the Transportation System Plan. The refinement plan has not been completed as ofthis date, however, the City has agreed to complete the refinement plan through periodic review. LCOC believes that the development should not be approved until the periodic review and refinement plan tasks are completed. He also stated that the City has not adopted certain land use and subdivision requirements necessary to implement the transportation plan. In their opinion, the City needs to ensure that the land use and subdivision regulations are included as a condition of approval. He encouraged the Council to take action similar to the 1992 Council to recognize that there is no long range transportation system plan in place for this interchange and no funding available from the State or County as of this date for interchange improvements. ISIS Mike Robinson, Attorney representing the applicant, responded briefly to the letters from OOOT and LCDC which were received by the Council at this meeting. In regards to conditions of approval, he suggested that it is not appropriate or fair for Mr. Craig to fix all of the problems that are existing, however, it is important that he not create any problems. In 1992, LCDC did not want approval of this type of development project until the Transportation Plan was completed. Six years later, LCDC is again saying that the City needs to wait even though the City has adopted a Transportation Systems Plan. He reminded the Council that both ODOT and LCDC participated in the adoption of the City's plan and neither had asked for any changes after the plan adoption. Issues raised Page 10 - Council Meeting Minutes, July 27,1998 COUNCIL MEETING MINUTES JULY 27,1998 TAPE READING were I) City's compliance with technical aspects of the transportation plan and 2) City should wait 5-8 years before any development takes place in that area. He also stated that financing solutions are not in place and a refinement plan is necessary to figure out what will be done regarding the 1-5 interchange. He suggested that the evidence supports approval of this application and issues raised by LCDC or ODOT for the first time at this meeting warrant a delay or denial of this application. In their opinion, there is plenty of criteria to warrant approval and they do not feel that the applicant should be required to pay $160,000 for a sign bridge, however, the applicant is agreeable to pay $50,000 towards for a single post sign bridge. He reiterated that the applicant has agreed to restripe and make paving improvements on the east side ofHwy. 214 whereas the median strip will restrict left turning movements on the east side of the overpass which is on the opposite side of the development. He requested that the Council adopt the conditions of approval that the applicant has recommended at this hearing. 1897 Councilor Jennings questioned if the Planning Commission approval was contingent upon Craig Development making improvements on the east side of Highway 214. Community Development Director stated the Commission had accepted the recommendation ofODOT to install a median on the east side ofHwy. 214 and they had established that as a condition of approval. Discussion was held on the options available to the Council following the closure of the hearing. Attorney Shields reminded the Council that, following deliberations, they will direct staff to prepare findings. The applicant's attorney has asked for an opportunity to prepare the findings which would then be submitted to the Community Development Director and City Attorney for approval and presentation to Council. Any changes to the Planning Commission condition( s) need to be articulated and staff will incorporate those changes into the findings. Mayor Kirksey declared the public hearing closed at 9:37 p.m.. 1993 Councilor Jennings expressed his opinion that (I) the applicant should not be responsible for any future right-of-way acquisition, (2) a median on the east side of the interchange is a separate issue and does not believe that this applicant should pay for the median, (3) agree with the applicant that his expense toward sign bridges be limited to $50,000, and (4) he strongly agrees with the formation ofa local improvement district for improvements that benefit multiple property owners. Councilor Figley stated that she agreed with Councilor Jennings, however, she was concern on the sign variance and felt that the Planning Commission was more generous than she would have been on this issue. She also agreed with Mr. Robinson that the City should not defer the development of our community according the vision of its residents Page II - Council Meeting Minutes, July 27, 1998 r 1 - ---~,_...., COUNCIL MEETING MINUTES JULY 27, 1998 TAPE READING and business community by waiting for ODOT, LCDC, or any other governmental body to get their act together. Woodburn continues to wait for funding assistance while currently Tualatin, Wilsonville, and Salem have interchanges that are being improved. Councilor Pugh disagreed with LCDC's and ODOT's recommendation. He complimented the Planning Commission for ajob well done and expressed his support for their recommendation. He also stated that he would not have given the sign variance and reiterated his support for the Planning Commission's approval except for the median since he did not feel that should be a part of this application. Councilor Chadwick stated that she felt that the outlet center would be an asset to our City however, she is concerned about the extra traffic in the interchange area. Councilor Sifuentez also felt that the outlet center would be a wonderful addition to Woodburn and realizes that traffic will be problem. As the City develops, the City needs to continue to plan ahead to come up with financial alternatives to improve the interchange area. Mayor Kirksey suggested that safeguards be put into place so that the taxpayers do not pay for road and traffic light improvements if the local improvement districts are not formed. She stated that she disagreed with the Council on the traffic issues and feels that the Council needs to listen to ODOT's recommendations if the City wants full cooperation ofODOT. Traffic is a problem and another 50 cars every 3 minutes will generate more of a problem than we already have in this area. She stated that she is not against the proposal but feels that everything needs to be done since traffic will be worse in another 5 years. JENNINGS/PUGH.... modify the Planning Commission's decision to recommendations, reaffirm the Planning Commission's decision that the applicant should not be responsible for any right-of-way acquisition, eliminate the applicant's responsibility for paying for the median on the east side of the freeway, and limit the applicant's cost for sign bridges to $50,000, Council further approve the cost sharing proposal as presented in tab 7 (Exhibit 14) with the LID, the cost sharing proposal for traffic signal at Hwy. 219 and Woodland Ave. in tab 8 (Exhibit 14) with the LID, and confirm the Public Works Director's SO/50 cost share proposal for off-site water line extension to King Way. The motion passed unanimously. Councilor Jennings stated that the intent of his motion was to instruct staff to prepare an ordinance. Attorney Shields questioned if staff had Council permission to ask the applicant's attorney to prepare findings for approval since they would be defending the findings at a later date if that should become necessary. It was the consensus of the Council to allow the applicant's attorney to prepare the findings and staff will review the findings. The Council took a break at 9:50 p.m. and reconvened the meeting at 9:55 p.m.. Page 12 - Council Meeting Minutes, July 27,1998 ~. COUNCIL MEETING MINUTES JULY 27,1998 TAPE READING 2500 COUNCIL BILL NO. 1916 - RESOLUTION ENTERING INTO AGREEMENT WITH KITTLESON & ASSOC. FOR AL TERNA TIVE ANALYSIS FOR HIGHWAY 214. Council Bill 1916 was introduced by Councilor Hagenauer. 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 1916 duly passed. 2546 COUNCIL BILL 1917 - RESOLUTION ENTERING INTO CAPITAL ASSISTANCE GRANT AGREEMENT #16563 WITH THE STATE OF OREGON FOR PARA-TRANSIT VAN. Councilor Hagenauer introduced Council Bill 1917. 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 1917 duly passed. 2577 COUNCIL BILL 1918 - RESOLUTION RESTRICTING THE INTERSECTION OF LAWSON AVENUE AT STATE HIGHWAY 214 TO RIGHT-IN AND RIGHT- OUT TRAFFIC FLOW. Councilor Hagenauer introduced Council Bill 1918. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Jennings questioned if a "No Turn" sign for trucks would be installed at that intersection. Public Works Director Tiwari stated that, in the long term, there is a need to modifY both Lawson and Evergreen for truck traffic and there are plans to make improvements at those intersections. On roll call vote, the bill passed unanimously. Mayor Kirksey declared Council Bill 1918 duly passed. 2661 CONTRACT AWARD- RAINIER SANITARY PUMP. Bids for the Rainier pump station upgrade were received from the following contractors: Baseline Industrial, $77,674.00; Schneider Equipment, $83,646.00; Olson Mechanical, $85,588.00; and Triad Mechanical, Inc., $134,400.00. Staffrecommended that the contract be awarded to Baseline Industrial. JENNINGS/FIGLEY.... award the bid for the Rainier sanitary pump station upgrade to Baseline Industrial in the amount of $77,674.00. The motion passed unanimously. 2682 CONTRACT AMENDMENT - MILL CREEK FORCE MAIN. Staff recommended that a contract amendment be authorized for the purpose of extending the Greenview force main into a separate pipe to the wastewater treatment plant and Page 13 - Council Meeting Minutes, July 27,1998 .. COUNCIL MEETING MINUTES JULY 27, 1998 TAPE READING connect the MacLaren force main to this pipe. This amendment will add 6.41 % to the current contract with the James W. Fowler Company. JENNINGS/PUGH... approve an amendment to the James W. Fowler Company contract to include additional force main installation work to the Mill Creek force main in the amount of $146,504.00. The motion passed unanimously. 2705 LIOUOR LICENSE REOUEST - E-Z STOP GROCERY AND DELI. HI N. FRONT STREET. Joan Garren, 1040 Wilson, stated that the City had made a major investment with the year-round pool which is less than 500 feet from this business establishment. Additionally, the City does not allow drinking in our parks and having a package store facility in close proximity to the park may result in increased violations of this ordinance. It is her understanding that liquor licenses are not allowed if they are within 500 feet from a playground or park. She reminded the Council that, just recently, there was a kickoff for the new playground equipment at Settlemier Park and she would hate to see something like this undermine the direction we are trying to go. She requested that the Council go back a few years and remember the problems that a tavern had created in the downtown area. Councilor Jennings stated that Park Director Westrick has also submitted a memo to the Council expressing concerns on this application. JENNINGS/PUGH...table until the next regular meeting so that the concerned parties can talk to the Police Chief to see what his final recommendation might be. The motion passed unanimously. 2864 NATIONAL NIGHT OUT STREET CLOSURES. JENNINGS/FIGLEy.... give the Police Chief the authority to close any street requested that he sees fit in celebration of National Night Out on August 4th without coming back to the Council. The motion passed unanimously. 2895 REOUEST FOR AUTHORIZATION FOR EMERGENCY PUMP REPAIR AT MILL CREEK PUMP #3. JENNINGS/FIGLEy.... enter into a negotiated contract with Paco Pumps for emergency repairs to pump #3 in an amount not to exceed $20,000. The motion passed unanimously. 2932 CLAIMS FOR THE MONTH OF JUNE 1998. SIFUENTEZ/PUGH... approve voucher checks #41511 - #42033 for the month of June 1998. The motion passed unanimously. Page 14 - Council Meeting Minutes, July 27,1998 t' ,. '.._.u....,..._ - 3,., COUNCIL MEETING MINUTES JULY 27,1998 TAPE READING 2951 NEW BUSINESS. JENNINGS/SIFUENTEZ.... Council give the Mayor authority to appoint a task force to come up with a transient business ordinance and the Mayor be able to appoint those individuals without confirmation from the Council. Councilor Jennings expressed his trust in the Mayor to appoint members to this task force to address this problem and he does not want to hold up the process for two weeks. Task force members should include someone from the Chamber, Anglo, Hispanic, and Russian business communities, and a couple of people from the general public. The motion passed unanimously. 3030 SITE ACTION PLAN. I) Site Plan Review #98-11 -- Construction of a 4,800 square foot maintenance/storage building on Industrial Avenue (1399 Industrial Ave). No action was taken by the Council on this site plan review. 3040 MAYOR AND COUNCIL REPORTS. Mayor Kirksey stated that ifthere is an ordinance that prohibits a liquor establishment within 500 feet from a park or playground, then the Council should recommend denial of the liquor license application. 3076 EXECUTIVE SESSION. JENNINGSIFIGLEY.... adjourn to executive session under the authority of ORS 192.660(1 )(i) for the purpose of evaluating the employment-related performance of the City Attorney. The motion passed unanimously. The Council adjourned to executive session at 10:10 p.m. and reconvened at 10:27 p.m.. Following their return to regular session, no action was taken as a result of the executive sessIOn. 3094 ADJOURNMENT. JENNINGSIPUGH... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:28 p.m.. APPROVED NANCY A. IRKSEY, MAYO ATTEST fV) 0...-04- ~ 3- r ~ennant, Recorder City of Woodburn, Oregon Page 15 - Council Meeting Minutes, July 27, 1998 ....-- .~,.,-_.." ~ ...-~-_.,.,._,.~...--.--- .._.-,-_.._---~-,~.- ,.~._._._~-~- - .~