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Minutes - 10/26/1998 COUNCIL MEETING MINUTES October 26, 1998 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 26,1998. CONVENED. The meeting convened 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 Brown. City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Recreation & Park Director Westrick, Finance Director Gillespie, Library Director Sprauer, Intern Administrative Asst. Smith, City Recorder Tennant 0030 Councilor Jennings stated that the Council had received a paper just prior to the start of this meeting which will be testimony if and when an annexation comes before the Council and it is improper for the Council to read this letter at this time. The paper was handed back to the author of the letter for submittal at a later date. 0054 CHAMBER OF COMMERCE REPORT. Phil Hand, representing the Chamber Board, stated that the Transportation Committee meeting was very productive and different committee groups were formed (1) to keep the business community informed as to what is going on and (2) hopefully be able to get the attention of the State Transportation Department. On November 12th, 4:30 pm, Business After Hours will be at the Glatt House Art gallery and on November )3'h, 6:30 p.m., the Chamber Annual Auction will be held at the Woodburn Headquarters Fire Station. The auction is a major fundraiser for the Chamber and a portion of the proceeds will be used to fund the Welcome to Woodburn sign. 0102 LETTER FROM DEPT. OF ENVIRONMENTAL OUALITY (DEm. Mayor Kirksey stated that DEQ will hold a hearing at North Marion high school on November 18th, 7:00 pm, relating to groundwater contamination from the waste landfill located 3 miles northwest of Woodburn. She stated that it is in the City's interest to Page I - Council Meeting Minutes, October 26, 1998 ___"________ ._____---...--.--. ___',_'__'_H_~'~""'__." "TII . COUNCIL MEETING MINUTES October 26, 1998 TAPE READING attend this meeting and she encouraged local residents to also attend. According to the notice, the contamination is minimal and affects shallow groundwater. However, she is concerned since shallow groundwater contamination could lead to deeper groundwater contamination and all of the City's water supply is from wells. 0140 CONSENT AGENDA. Administrator Brown requested that item 8(D) be removed from the consent agenda and be acted upon separately under general business. The Mayor pulled this item from the consent agenda. A) Approve regular and executive Council meeting minutes of October 12, 1998. B) Accept Woodburn Human Rights Commission minutes of September 12, 1998. C) Accept the Woodburn Museum minutes of October 14, 1998. JENNINGSIFIGLEY.... consent agenda be approved. The motion passed unanimously. 0194 PUBLIC HEARING - ZONE CHANGE #97-08 FROM SINGLE FAMILY RESIDENTIAL (RS) TO COMMERCIAL GENERAL (CG) AND SITE PLAN REVIEW #98-10 (1605 E. LINCOLN RD.) Mayor Kirksey declared the public hearing open at 7:07 p.m.. Councilor Jennings declared an ex-parte contact with residents outside of the city limits who live on E. Lincoln Street for the purpose of finding out if they had received notice of the proposed development. He stated that he did not ask any questions or take any testimony. Recorder Tennant read the land use statement required by ORS Chapter 197. Community Development Director Goeckritz stated that the applicant is proposing the development of a 5,990 square foot group care home on property which abuts the city limits. The property consists of 3 lots and is currently designated for single family residential, however, the group care home would require a commercial general zoning designation. The applicant's justification for the zone change was I) group care home is a bridge group between self-sufficiency and nursing home care, 2) adds diversity to the type of housing stock, and 3) close to supporting services. The site did have a structure on it until a few months ago at which time it was removed. The property will have two l2-foot wide one-way driveways connecting to Lincoln Street and there will be 9 parking spaces available for staff, visitors, and loading/delivery vehicles. He also stated that over 50% of the total area of the site will be landscaped and the rear yard will be at least 50 foot in depth. The applicant has met all of the criteria and has agreed to the conditions as approved by the Planning Commission. The Commission is recommending approval of the zone change and site plan with conditions. He also stated that the Commission would like to have the zone change conditional for a group elderly care facility only. Councilor Jennings questioned if the Council could approve the zone change and limit it to this particular development. Page 2 - Council Meeting Minutes, October 26, 1998 ......... --... _._._-_._..__......_-_.-.----~'~~._--- 1II I COUNCIL MEETING MINUTES October 26, 1998 TAPE READING Attorney Shields stated that he did not feel that there was a problem with the condition as recommended by the Planning Commission. However, the zone change would remain intact unless the zone change process is followed to change it back to single family residential. 0714 Bill Randall, Arbor South Architecture, stated that the parking spaces were reduced from II to 9 since the width of the lot was 74.5 feet rather than 84.5 feet. This site plan is the same as one in Eugene and there are only 6 parking spaces at that location. Of the 9 parking spaces, two will be available for staff, and the rest for visitors and delivery/loading vehicles. Erik Berkey, applicant, stated that this project is modeled after a facility in Eugene which opened two months ago. In his opinion, this residential care facility will be a great addition to the community. No one in the audience spoke in opposition to the zone change or site plan. Mayor Kirksey declared the public hearing closed at 7:30 p.m.. Councilor Jennings questioned where, in the public hearing documentation provided to the Council, is the condition imposed by the Planning Commission. Director Goeckritz stated that the Commission's Final Order contains the conditions. The Council took a recess from 7:33 pm to 7:35 pm during which time Director Goeckritz went to get a copy of the Final Order for the Council. Councilor Jennings stated that the Final Order does specifically state that a group care home is the only type of use for this particular piece of property. JENNINGSIPUGH... approve the Planning Commission's recommendation for zone map amendment for this particular piece of property from RS to CG and, with conditions, accept the site plan. Attorney Shields stated that an ordinance would be drafted and presented at the next meeting. The motion passed unanimously. 1010 PUBLIC HEARING - CONTINUATION OF ANNEXATION #97-08: ZONE CHANGE #97-12. CONDITIONAL USE #97-03. VARIANCE #97-12. AND PLANNED UNIT DEVELOPMENT #97-03 mOONES CROSSING PLANNED UNIT DEVELOPMENT). JENNINGS/FIGLEy.... call up for City Council review conditional use #97-03, variance #97-12, and planned unit development #97 -03 so that they can be considered by the City Council at the same time as the applicants' requests for annexation and zone change. The motion passed unanimously. Page 3 - Council Meeting Minutes, October 26, 1998 ...-- --^._'"_._--_.._-_...~~~-- 111 I COUNCIL MEETING MINUTES October 26, 1998 TAPE READING Mayor Kirksey reopened the annexation hearing and, for the other land use issues, declared the hearing open at 7:38 p.m.. Councilor Figley declared that she had visited the proposed site in order to become more familiar with the proposal before the Council. Councilor Jennings declared that he had also been at the site for the express purpose of looking at the site. Mayor Kirksey declared that she had driven by the site in order to have a visual picture. Councilor Hagenauer and Pugh also declared that they had driven by the site. Recorder Tennant read the land use statement required by ORS Chapter 197. 1231 Community Development Director Goeckritz entered into the record the followed Exhibits: ]) App]icants Stage II submittal (folder) 2) Applicants Stage II submittal (Alpha Engineering) 3) Traffic Impact Study 4) Traffic Addendum 5) City Staff Report 6) Planning Commission Final Order 7) Preliminary Plat 8) Correspondence 9) Map of the Planned Unit Development 10) Map showing Open Space, Parks, and Street details, and ] I) Map showing the Circulation Plan. Director Goeckritz reviewed the applicant's request to annex approximately 62 acres into the City. The property is contiguous to existing city limits and within the City's Urban Growth Boundary. The applicant has also requested a zone map amendment from Urban Transition Farm to RS single family residential; a conditional use to develop a Planned Unit Development consisting of approximately 24] single family homes, a 94 unit multi- family complex, 2 acres commercial, a 3 acre public park and 3 "pocket" parks; and a variance modification of the open space and parks requirements. The Planning Commission has adopted their Final Order recommending that the Council grant the annexation and the other land use proposals with conditions. This development is proposed for 4 phases with buildout in 2003. The first phase would consist of approximately single family residential 141 units, the second phase would be the remainder of the single family units, the third phase would be the multi-family unit development with the commercial development, and the fourth phase has been left as single family residential since it is unknown as to how this parcel will be developed. He reminded the Council that the development of phases 3 and 4 would be required to go through a site plan review process. He stated that the Homeowner's Association Page 4 - Council Meeting Minutes, October 26, 1998 ._,~.._..,..^_.~~-,_."_.".. 111 I TAPE READING COUNCIL MEETING MINUTES October 26, 1998 documentation is in the book that had been previously distributed to the Council. The Planning Commission had been restrictive on the types of uses they would make allowances for within the commercial zone area in order to keep the traffic impact at a minimum. The applicant will be required to make certain improvements that are different than most subdivisions, for example, providing tree lined medians to provide a attractive presentation and a standard tree planting scheme. Not all of the streets will be open for access onto Boones Ferry, however, they can be used for emergency access. The "pocket" parks are strategically placed within the development and the 3-acre neighborhood park will be developed during Phase II. The cost of the neighborhood park is estimated at $361,000 plus the developer will be required to contribute approximately $161,000 towards park fees as the units are developed. Councilor Jennings stated that, after consulting with Attorney Shields, this is an appropriate time for the Council to ask staff questions regarding this proposal. Councilor Figley questioned as to why the south by-pass has shrunk into a minor arterial since this is a fundamental difference in philosophy. She reminded the Council that the School District and City (Centennial Park) had to dedicate sufficient right-of-way to allow for a major arterial. Director Goeckritz stated that the proposed roadway would have 2 lanes plus a refuge lane. Councilor Jennings stated that, as a member of the Transportation Task Force, they did not imagine having a housing development with two entrances onto a by-pass highway that would be used as a truck route. His conception was that the south by-pass would be extremely limited access thereby being a major arterial to Highway 99E. Mayor Kirksey expressed concern in that the by-pass will be built by the State and the City will have little control as to what they will allow. She feels that the City is not in a position at this time to decide if entrances would be allowed onto the by-pass. Director Goeckritz stated that the by-pass has been identified as a minor arterial in the Transportation Plan. Councilor Figley questioned how much right-of-way is involved in this project in comparison to what was reserved on the south end of Centennial Park and the school property. Mayor Kirksey also reminded the Council that there is only a general idea of where the by-pass will go and she can envision the condemnation of property, which includes homes. unless a definite roadway location is established.. Director Goeckritz did identify the staff's best guess as to where the by-pass would be located. He stated that the by-pass location as it is shown on the map is the path of least resistance for getting from 1-5 to Highway 99E. In any event, it is to the City's advantage to have an east-west route from Boones Ferry Rd to Highway 99E. The proposal does line up quite well to the overall concept. Page 5 - Council Meeting Minutes, October 26, 1998 111 , -r--- .....-.., . ._._._.__.-,._-~~--'-'-~,. COUNCIL MEETING MINUTES October 26, 1998 TAPE READING Councilor Figley reiterated that if dedication of property is needed for roadway purposes, that sufficient land be dedicated that will meet our purposes. She also expressed concern regarding Brown Road which is not a well developed street and there is some question as to whether or not it is even a street under the descriptive easement. Director Goeckritz agreed that this is an issue that staff has been discussing with the applicant. Staff has asked for details in regards to that portion of Brown Street since it has not been determined if it is County owned or privately owned. He stated that he had received a title report with a description but is unaware if additional information has been obtained by the applicant. Councilor Figley expressed concern regarding the situation relating to Brown Road since other property owners would eventually be involved if this roadway is improved. Councilor Pugh referred to Public Works Director's memo dated October 21,1998 expressing his concern on street, sewer, and storm water issues. Director Tiwari stated that there has been communication between the staff and developers but, until there is a clear understanding of what is happening and what will happen in the future, staff will be concerned. He stated that roadway access is one question that needs to be addressed which includes the Brown Road extension. In regards to sanitary sewer, Phase II of the development cannot be served by existing sanitary sewer unless a new pump station is constructed. It is unknown as to when the new pump station will be constructed and he is concerned that the Council will be approving Phases II, ill, and IV before the City is actually able to provide the service. He did state that Phase Iof this development can be accomplished without the need for constructing a new pump station. In regards to storm water, Phase II will require the discharge of storm water over property not owned by the developer. He does feel that the two detention areas will provide for proper containment, however, the City must be assured that easements are in place to discharge more storm water to the creek. Lastly, Director Tiwari reminded the Council that the developer will have to pay for all streets and infrastructure costs in full in addition to being responsible for Brown Street connection and conveyance of storm water from Phase II to Mill Creek. Councilor Jennings questioned how close the City is to meeting capacity within our current wastewater facility and in the area of storm water. Director Tiwari stated that the City is in the process of doing a major upgrade of the wastewater treatment facility and pump station. Sanitary sewer service for Phase I of the development will go by gravity flow to the pump station which is currently being upgraded. At this point, Phase II is not part of the DEQ requirement and the City is planning on installing a pump station on the south side but it is not necessary that it be done within a specific timeframe. Councilor Jennings questioned who would pay for the improvements to Brown Street if the development proceeds. Director Tiwari stated that the plan at this time is only to connect to Brown Street and Page 6 - Council Meeting Minutes, October 26, 1998 ~ . COUNCIL MEETING MINUTES October 26, 1998 TAPE READING SDC funds will need to be used to pick up some of the costs to increase the capacity on Brown Street. Councilor Jennings also questioned the improvement to Boones Ferry. Director Tiwari stated that the developer is responsible for residential streets which require 34 foot width but in a commercial area the street width is 50 feet and SDC funds will be used to offset a portion of the improvement costs. Councilor Jennings questioned if the Planning Commission's Final Order encompasses the complete development and if the sidewalks and bikelanes take in Boones Ferry Rd.. Director Goeckritz stated that the Final Order includes all 4 Phases of the development and it does include Boones Ferry Rd for sidewalks and bikelanes. Councilor Jennings also expressed concern regarding the impact this development has on the schools since the School District is already putting in modular units at the new schools. He would like to hear from the School Board before final action is taken. Director Goeckritz stated that the Planning Commission had almost 10 hours of discussion on this development proposal during which time they had many good questions and the school issue was one of their concerns. The City has notified the School District of this development proposal and it is their prerogative as to whether or not they respond to the City. Staff has been in touch with Dr. Jack Reeves and he has agreed to meet with staff tomorrow morning. Councilor Jennings expressed his concern that the School District does not answer to development proposals which impact the schools. Mayor Kirksey stated that her main concerns on this development are the streets, by-pass issue, wastewater and strorm drain issues. Councilor Jennings stated that no consideration has been made for an overpass or underpass around the railroad tracks since there will be so many more children that will need to cross the railroad tracks in order to get to school. 3402 JENNINGS/SIFUENTEZ.... continue this hearing until the second meeting in November (November 23) so that Council can get some answers. The motion passed unanimously. 3448 REOUEST TO EXTEND THE HUMAN RIGHTS COMMISSION. The current ordinance expires at the end of each December unless Council action is taken to extend the Commission. The Commission is requesting that the Council extend the Commission permanently. SIFUENTEZlFIGLEy.... extend the Commission as requested. The motion passed unanimously. Page 7 - Council Meeting Minutes, October 26, 1998 ~. "--~."-~-_. 111 I ! COUNCIL MEETING MINUTES October 26, 1998 TAPE READING Tape 2 0001 COUNCIL BILL 1933 - RESOLUTION ESTABLISHING AN ICMA 40HA) MONEY PURCHASE RETIREMENT PLAN FOR THE CITY ADMINISTRATOR. Council Bill 1933 was introduced by Councilor Hagenauer. 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 1933 duly passed. 0025 Attorney Shields stated that he would be preparing an ordinance amendment regarding the permanent extension of the Human Rights Commission. 0034 LIOUOR LICENSE APPLICATION: TAOUERIA GUADALAJARA (966 N Pacific Hil!hwav). Councilor Jennings questioned if Taqueria Guadalajara had purchased their City Business Registration. Staff informed Council that the license had been purchased and it is the staff's recommendation that the liquor license request be approved. JENNINGSIPUGH... recommend to OLCC the approval of the liquor license request submitted by Taqueria Guadalajara. The motion passed unanimously. 0043 COST SHARING PROPOSAL FOR INSTALLATION OF STORM DRAIN PIPE NORTH OF LINCOLN SCHOOL. Staff has met with property owners and School District officials whose property abuts the drainage ditch north of Lincoln School for the purpose of negotiating costs related to replacing the open channel with a pipe system. Staff has recommended the following: A) Estimated project cost of $120,000 be divided as follows: 1) North property owners cost be fixed at $3,430 per lot (totaling $48,000) 2) School District cost be fixed at $36,000 3) City cost be allocated at $36,000 plus engineering cost B) All property owners sign an easement prepared by the City C) Money be deposited by the property owners in the Recorder's Trust fund or other arrangements be made to cover the cost allocation D) Approve staff to either negotiate change order to existing contract soon or advertise for bids within a period of nine months E) Staff be given flexibility to resolve individual property owners' concerns so that the project does not get derailed. JENNINGSIPUGH... staff recommendation relating to the storm water construction project north of Lincoln School be approved as outlined in the staff memo. The motion passed unanimously. Page 8 - Council Meeting Minutes. October 26, 1998 ..,,_., ._n ~"~_"_'_""___" _.__...~__~.~~~"_._,.___. m . COUNCIL MEETING MINUTES October 26, 1998 TAPE READING 0078 SALE OF SURPLUS PROPERTY - SAWDUST COLLECTOR. The Public Works building located at 121 B Street contains a sawdust collection system which is of no use to the City and needs to be removed. Stacy Bauer from the Mud Lake Idaho area has expressed an interest in removing the sawdust collection system at no cost to the City and he will assume all costs for removal and transport of the system. JENNINGSIFIGLEY.... declare that the sawdust collection system located at the Public Works building at 121 B Street to be surplus and authorize staff to get rid of the property. The motion passed unanimously. 0088 COUNCIL BILL 1932 - RESOLUTION APPROVING THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS TO BE ENFORCED BY THE WOODBURN RURAL FIRE DISTRICT. Administrator Brown stated that the City is periodically required to adopt the Uniform Fire Code which has been adopted by the Fire District. Councilor Hagenauer introduced Council Bill 1932. 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 1932 duly passed. 0152 Frank Connorton, 1427 Ten Oaks Lane, stated that a concrete truck is dumping concrete in the wetlands area within his neighborhood. He also stated that this area has quite a bit of shale rock that has been dumped in the same area. If possible, he would like to have some dirt covering the shale rock so that the area can either be mowed or flowers planted. Mayor Kirksey stated that staff will look into the issues brought up by Mr. Connorton. 0201 SITE PLAN ACTIONS. A) Site Plan Review #98-13: 52 Unit Apartment Complex. The subject property is located in the vicinity of Hardcastle and Park Avenue and is currently zoned RM (residential multi-family). The Planning Commission has approved the site plan with conditions. No action was taken by the Council. B) Site Plan Review #98-21: Expansion of an Existing Office Complex. The site plan calls for the construction of a 1,649 sq. foot addition to the north end of an existing building located at 560 Glatt Circle. The Planning Commission has also approved this site plan with conditions. No action was taken by the Council. 0212 CITY ADMINISTRATOR'S REPORT. I) Administrator Brown stated that, unless otherwise objected to by the Council, the City will display outdoor holiday lights and will hang a wreath at the entrance to City Hall. It is anticipated that the lights will be turned on around the same time period as the Christmas tree lighting in the downtown area. Page 9 - Council Meeting Minutes, October 26, 1998 ~. .._,,,._--_._---- -. - . COUNCIL MEETING MINUTES October 26, 1998 TAPE READING 2) It was his understanding that there was a parking problem in front of the Bungelow Theater on the performance date of the Rosie to Roosevelt series. The City will be blocking off approximately 6 parking spaces on November 8th and November 15th to allow easier access to the Theater for those individuals who have difficulty walking several blocks from the parking spaces to the Theater. 3) He briefly summarized the outcome of last Monday night's workshop regarding community involvement and citizen organizations. To better improve the dissemination of public meeting information to the community, the following changes have been made by staff: I) agenda distribution date will be Thursday, 2) a full copy of the agenda and backup information is located at the Library Reference desk along with several agenda cover sheets; 3) agenda was publicized in today's Statesman Journal newspaper; and 4) a binder is also being maintained at the Library Reference desk which contains the agendas for the Planning Commission, Recreation & Parks, and Library Board meetings. He also stated that the City is now maintaining a spot on the internet and the Council agenda is on-line. 0340 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez introduced Pamela Kilmurray who was in attendance at the meeting. Ms. Kilmurray is a candidate for the office of Ward ill Councilor. Councilor Jennings reminded Ms. Kilmurray and other interested individuals of a town hall meeting on Wednesday evening at the Community beginning at 7:00 pm and ending at 8:30 pm. The meeting is being held to acquaint the public with the candidates running for city offices. Councilor Pugh expressed his appreciation to Administrator Brown in implementing suggestions made at the last workshop for the purpose of increasing citizen awareness of meeting dates and agenda items. Councilor Figley thanked Director Westrick and the Parks crew for all of the work they have done so far at Centennial Park. The construction work is now in progress. the irrigation system has been installed and the grass seed has been planted. 390 Councilor Jennings stated that a local resident had suggested that directional signs be placed at the Parr RoadlSettlemeier A venue intersection for the Schools and Centennial Park. He mentioned this to staff and signs have been ordered. 0433 Mayor Kirksey stated that there is a need for parking spaces that allow for loading/unloading of passengers for special events in the downtown area. She suggested that hoods be placed over signs in front of the Museum or the placement of reserved parking cones in front of the building to alert motorists of the restricted parking area for the upcoming event. She also suggested that the Administrator be given an on-going waiver by the Council to authorize the restricted parking area on an as-needed basis. Administrator Brown stated that staff will be researching the City's traffic ordinance to see if any Council action is necessary to implement the Council's consensus to have the flexibility in authorizing restricted parking areas. Page 10 - Council Meeting Minutes, October 26, 1998 _.. .__...._.-~"_._._._---~--~.,-'-~.._..~-~.~"-~--.-"_._~--. '111 . COUNCIL MEETING MINUTES October 26, 1998 TAPE READING 0545 ADJOURNMENT. JENNINGS/FIGLEy.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:58 p.m.. ATTEST fYl~ I ~-~ Mary Tenn Recorder City of Woodburn, Oregon Page ] ] - Council Meeting Minutes, October 26, ] 998 ~ _._.... ---..-.....---------....-.'. 111 I