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Minutes - 03/10/1997 COUNCIL MEETING MINUTES March 10, 1997 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 10, 1997. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Absent Present Present Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, Police Chief Wright, Public Works Director Tiwari, Community Development Director Goeckritz, Finance Director Gillespie, Public Works Manager Rohman, City Recorder Tennant Mayor Kirksey stated that Councilor Chadwick had contacted her earlier today to inform her that she was ill and unable to attend this meeting. 0022 City Administrator Childs requested that Item lOA (Council Bill 1782) be removed from the agenda since there are some technical details within the agreement that need to be resolved before it is adopted by the Council. Councilor Jennings questioned if the references to Southern Pacific Lines should be changed to Union Pacific. Administrator Childs stated that he would have staff look into this matter and make any necessary changes to the proposed bill. It was the consensus of the Council to remove the item from the agenda. 0052 MINUTES. JENNINGS/FIGLEY... approve the regular Council meeting minutes of February 24, 1997; accept the Planning Commission minutes of February 13, 1997 and the Library Board minutes of February 19, 1997. The motion passed unanimously. 0063 ANNOUNCEMENTS. A) The Council will hold a public hearing on March 24, 1997,7:00 p.m., to receive input from property owners affected by the Parr Road Local Improvement District (LID). Page 1 - Council Meeting Minutes, March 10, 1997 T ....., '-""-'. 11 I COUNCIL MEETING MINUTES March 10, 1997 TAPE READING B) A public hearing before the Council will be held on April 14, 1997,7:00 p.m., to receive public input on the Water Master Plan. C) A joint workshop meeting of the City Council, School District representatives, and OSU-CSFA staff will be held on Tuesday, March 11th, 7:00 p.m., in the City Hall Council Chambers regarding Woodburn "Mammoth Park". D) The City-wide Cleanup Day is scheduled for Saturday, March 29th, and yard debris can be taken to the United Disposal headquarters at 2215 N. Front Street between the hours of 7:00 am and 5:00 pm. 0088 PROCLAMATION - WOODBURN TULIP FESTIVAL DAYS. Mayor Kirksey read the proclamation declaring March 20 through April 21, 1997 as Woodburn Tulip Festival Days and urged our local citizens to participate and support this annual event which promotes Woodburn nationwide. 0139 CHAMBER OF COMMERCE REPORT. Larry Crooker, Chamber Board member from Lennon Implement Co., stated that the Tulip Festival will begin on Wednesday, March 19th, 11:30 am, with a bus trip scheduled for Chamber members to the Wooden Shoe Bulb Company tulip fields. On Saturday, March 22nd, the Tulip Festival Pancake Breakfast will be held between 7:00 am and 11:00 am at the Woodburn Fire Station. A schedule of festival events will be published in the March 19th Woodburn Independent and the public is encouraged to participate in the various events. Jane Kanz, Chamber Executive Director, presented the Mayor with an official T-Shirt for the 1997 Tulip Festival. The Chamber will be selling T-shirts, sweatshirts, banners, and other promotional materials at their office beginning March 11 tho Mr, Crooker also mentioned that Lennon Implement is celebrating their 80th birthday and invited the public to visit their business on March 29th and April 5th to join in the activities and celebrities being held in honor of the Tulip Festival. 0251 LETTER FROM CITY OF LOMITA. CA. RE: DISPLAY OF POW/MIA FLAG. A Councilor from the City of Lomita, CA has requested that the City adopt a resolution which would be sent to federal officials urging them to modify current federal regulations to allow local post offices to display a POW/MIA flag at the discretion of each post office. Councilor Jennings stated that he would have no objection to this request, however, he would not like to have it made law that the post office would have to display the flag. 0283 PUBLIC HEARING - LOCAL LAW ENFORCEMENT BLOCK GRANT FROM U.S. DEPARTMENT OF JUSTICE. Mayor Kirksey declared the public hearing open at 7:12 p.m.. Page 2 ' Council Meeting Minutes, March 10, 1997 T- -_.. .,.---..--_...'"'._-~"-' -"._,-,..",~.,--- ~ , COUNCIL MEETING MINUTES March 10, 1997 TAPE READING Police Chief Wright stated that the City was awarded a $16,454 grant from the US Department of Justice on June 17, 1996 which required a 10% match from the City. These funds were included within the 1996,97 budget for the purchase of a Community Action Vehicle which is a custom built trailer to be used for public education purposes and a crime scene investigation command post. Two conditions must be met before the money is received one of which is the formation of a local advisory board and the other is that a public hearing must be held before the governing body. He stated that the staff had previously went out to bid for this vehicle and it is scheduled for delivery within the next 30 days. No one in the audience spoke on this issue. Mayor Kirksey declared the public hearing closed at 7:15 p.m.. JENNINGS/PUGH.... approve the receipt and allocation of Law Enforcement Block Grant funds for the purchase of a Community Action Vehicle. The motion passed unanimously. 0410 PUBLIC HEARING - DOWNTOWN ALLEY LOCAL IMPROVEMENT DISTRICT. Mayor Kirksey declared the public hearing open at 7:16 p.m.. Public Works Director Tiwari stated that the project involves the improvement of the alley between Hayes Street and Harrison Street and project costs would be shared by the City and benefitted property owners. He reviewed the procedure for establishing Local Improvement District (LID) and stated that this public hearing gives the benefitted property owners an opportunity to express their opinions on the proposed project. If more than 50 % of the benefitted property owners object to the project, then no further action will be taken by the City at this time to make the alley improvements. He stated that staff had taken an extra step in this process to notify individual property owners of this project by sending out letters to inform them of the public hearing date and explain the costs and payment plan options. Unfortunately, the letter contained incorrect payment amounts, therefore, staff is recommending that the hearing be continued until the next regular meeting so correct payment information can be sent to the benefitted property owners. Director Tiwari stated that the City would be paying the costs associated with storm drain correction, making ADA improvements, and replacing the lead-jointed water line. The property owners would be paying for costs associated with the asphalt paving and curbs. He reviewed the options outlined in the engineering report which ranged from $109,200 to $127,100. Property owners who have responded to date indicate that they would prefer option B which is estimated at $109,200. 0853 John Verbin, 11912 S. Bamards Rd, Molalla, stated that he was speaking for Constantine and Maria Verbin who are objecting to this improvement since the cost of the project is more than they can afford. They are a retired couple on a limited income who own the apartments located at 162/164 Grant Street. These apartments generate a small profit margin and the estimated $5,000 cost to them is excessive since they do not feel that they benefit from this project. Page 3 - Council Meeting Minutes, March 10, 1997 COUNCIL MEETING MINUTES March 10, 1997 TAPE READING 1027 Charles Sauvain, 2616 N. Boones Ferry Rd., questioned which option the City would be pursuing and whether or not curbs and/or sidewalks would be included since the area is not normally used for foot traffic. The estimated cost for his share of this improvement is approximately $11,000 and he wanted to be assured that sidewalks would not be included in the project and that the City would not come in and dig up the asphalt within a relatively short period of time after the project has been completed. Public Works Director Tiwari stated that curbs would be included in the project in order to properly connect the drain pipes to the storm drain system. Option B is the project that would be constructed in this LID and it does not include sidewalks. Councilor Jennings stated that the Director has assured him that making all of these improvements at one time will eliminate the need to dig up the asphalt as the City has done in the past. Director Tiwari reminded the Council that the staff has taken a similar approach in the past to cost share with property owners in the alley area between Garfield and Hayes Streets and they have worked with the property owners to design an alley which would meet their needs and yet provide appropriate infrastructure improvements. JENNINGS/FIGLEy.... public hearing be continued to March 24, 1997 at 7:00 p.m.. The motion passed unanimously. Director Tiwari stated that he would provide information to the Council at the next meeting regarding the percentage of property owners in favor of the project. 1245 PUBLIC HEARING - LAPOINT LAND USE BOARD OF APPEALS (LUBA) REMAND. Mayor Kirksey declared the public hearing open at 7:42 p.m.. Community Development Director stated that original site plan application approved by the Council had been appealed by Dale Baker and Barry Sullivan to LUBA. Subsequently, LUBA remanded the proposal back to the City to address signage and exterior surface color issues. He submitted into the record the following exhibits: I) Profile of station canopy and of the station itself with its color board (Exxon station); II) Exxon canopy and gas pumps under the canopy; III) signage, square footage and measurements of the sign if it was an Exxon station; IV) original application submitted in May 1995 to the Planning Commission which had been approved by the Planning Commission and Council with conditions in August 1995; V) a second submittal was made by Mr. LaPointe in October 1996 which identifies a site plan which staff considers not in substantial conformance with the original site plan; and VI) the original and newly submitted site plan on one page for comparison purposes. He stated that if the applicant would use the Exxon signage and use the exterior color as proposed, the staff would have no objection and the development could proceed with the project. However, staff does not feel that the more recent site plan is in substantial conformance with the original site plan and the staff report outlines 10 differences between the two plans. Page 4 - Council Meeting Minutes, March 10, 1997 T '_0__"""_--'--.'. .,-----.-.... 11 I COUNCIL MEETING MINUTES March 10, 1997 TAPE READING Director Goeckritz stated that the applicant had not informed the City of the status of the LUBA case for several months after the remand was ordered since the applicant had been in the process of trying to find a new gas station franchise. It was noted that it took LUBA 8 months before they issued the remand back to the City Council. He reiterated that the staff recommendation is to 1) not consider the applicant's submittal since it is not in substantial conformance with the original application, and 2) direct staff to prepare findings and conclusions that would address the signage and exterior color issues applicable to the original application, Councilor Pugh questioned if the new submittal has changed enough to go against any zoning ordinance or other existing rules, Director Goeckritz stated that it sets a precedent on allowing changes to site plans that may or may not be in conformance with the original plan. He reiterated that he is only taking issue with the submittal of the new plan not with the plan itself. Councilor Jennings expressed concern regarding the length of time it has taken for the developer to once again come before the Council in response to the remand and then further delays if the Council were to accept the staff's recommendation when there does not seem to be substantial changes to the site plan. 1861 Dale Crandall, attorney representing Gary LaPoint, stated that the LUBA remand addresses the issues of signage and exterior color and staff finds that those two issues have been fulfilled by the applicant. Therefore, the applicant requests that the Council approve findings and conclusions in support of these two issues. In regards to configuration changes, he referred the Council to page 7 of the LUBA findings, footnote 3, and stated that he believes that the updated plan can be submitted and accepted by the governing body. He disagrees with staff interpretation of what is permissible for Council review at this hearing. In their view, changing the location of the building and/or size is not affecting anybody else and the property is zone correctly. The delay at LUBA has had its impact on the applicant in that Texaco had dropped its franchise and the applicant had to search for another franchise. Attorney Crandall reviewed each point of concern within the staff report and explained the reasons for the reconfiguration of the design. He reiterated that the changes in the site plan submitted in October 1996 are within the scope of changes that does not affect anyone in the surrounding area. The gas station will be having the same number of pumps, there will be no change in the traffic volume, and there will be no variances associated with this development. 2305 Vance Croney, attorney representing Dale Baker and Barry Sullivan, stated that they concur with staff if the signage and exterior color shown on Exhibit I are used on the original site plan (Exhibit IV). In his opinion, the site plan submitted in October 1996 is a new site plan and needs to follow the complete process. It is unknown if the revised plan meets the required development criteria and he emphasized the need for a new site plan review process to be in conformance with the City ordinances. He stated the City code does not ask an applicant to present a Use Plan (gas station and car wash) rather it Page 5 ' Council Meeting Minutes, March 10, 1997 T .. Irr " COUNCIL MEETING MINUTES March 10, 1997 TAPE READING requires applicants to submit a Site Plan to present details of the layout. They are also concerned about the cluttered look that may result from the 40 % increase in size of the building. Councilor Jennings questioned why Mr. Croney's clients are so opposed to this development since there is no need for a zone change or variances. Mr. Croney stated that they have been concerned about the traffic impact around Stacy Allison Way, Evergreen Rd, and Hwy. 214 even though LUBA upheld that portion of the site plan. Attorney Shields stated that the letter from Attorney Vance Croney, dated March 7, 1997, to the City Council has been entered into the record as Exhibit VIII. 2684 Attorney Crandall expressed his hope that the City Council would uphold the applicant's updated site plan which is well within any of the criteria the Council would apply for this type of development. If the Council approves the updated plan, the City Attorney has offered to allow him to prepare findings and conclusions since he may need to defend this case before LUBA to show substantial conformance to the original site plan. Tape 2 Mayor Kirksey declared the public hearing closed at 8:23 p.m.. Councilor Sifuentez questioned if the updated plan went before the Planning Commission and, if not, could it be remanded back to the Commission. Director Goeckritz stated that only the original plan had been reviewed by the Commission and the updated plan cannot go before the Commission at this time since LUBA remanded the two issues back to the Council. Attorney Shields reviewed the staff's recommendation and stated that if the Council decides to approve the signage and exterior colors with the updated plan, it would be the applicant's attorney who would be defending this decision at the Land Use Board of Appeals. Options available to the Council are to either go with staff recommendation or to find that the plan is in substantial conformance. In his opinion, the reason this issue should not be remanded to the Planning Commission is because LUBA is forwarding this to the Council to address. The Councilors expressed their opinions on the updated plan and, in summary, they felt that the plan was in substantial conformance with the original site plan. 0207 JENNINGS/PUGH... Council accept the revised submittal as being in conformance with the applicant's original application, On roll call vote, the motion passed unanimously. JENNINGS/FIGLEY... find that the applicant has adequately addressed the exterior colors and the signage as required by LUBA's remand. On roll call vote, the motion passed unanimously. JENNINGS/PUGH... staff be directed to prepare findings and conclusions and submit an ordinance that would constitute the final land use decision in conformance with the previous first and second motions. On roll call vote, the motion passed unanimously. Page 6 ' Council Meeting Minutes, March 10, 1997 . .-.--.-...-....----- COUNCIL MEETING MINUTES March 10, 1997 TAPE READING 0283 COUNCIL BILL 1783 - RESOLUTION ENTERING INTO AN AGREEMENT WITH DEHASS AND ASSOCIATES ENGINEERING CONSULTANTS FOR DESIGN IMPROVEMENT PLANS FOR PARR ROAD/SETTLEMIER AVENUE IMPROVEMENTS. Council Bill 1783 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Jennings questioned why outside consulting services were necessary on this particular project. Director Tiwari stated that the City does have engineers on staff, however, there is a limited amount of time the engineers are available since we have a large number of infrastructure projects being worked on at this time. This particular project will take a considerable amount of time if only 1 staff member is able to work on it. In this case, the project needs to be designed within a short period of time in order to complete the project before this summer. Councilor Pugh stated that the City should be looking at ways of saving money especially in light of Ballot Measure 47. Director Tiwari stated that staff continues to work on smaller on-going projects whereas this one particular project will amount to costs in excess of $1 million. Councilor Figley agreed with staff that speed and efficiency are very important as it relates to this project in light of the school being opened this fall and safety for the children. On roll call vote, the bill passed unanimously. Mayor Kirksey declared Council Bill 1783 duly passed. 0544 ACCEPTANCE OF BID FOR PROPERTY INSURANCE COVERAGE. Staff recommended that the City accept the insurance bid from City County Insurance Services for property insurance coverage effective March 17, 1997. By making the change in carrier, the City will be taking a advantage of a $5,068.48 dividend credit which is scheduled to expire on March 18, 1997. JENNINGS/FIGLEy.... authorize the change in property insurance coverage from Zurich Insurance to City County Insurance Services (CIS) effective March 17, 1997. For the record, a conflict of interest declaration was included in the agenda packet from Administrator Childs stating that his decision to concur with the City Recorder's recommendation was not influenced by the fact that his wife is employed by CIS. The motion to authorize the change in carrier passed unanimously. 0569 CLAIMS FOR THE MONTH OF FEBRUARY 1997. SIFUENTEZ/HAGENAUER...approve voucher checks #35541 - 36090 as submitted for the month of February 1997. The motion passed unanimously. Page 7 - Council Meeting Minutes, March 10, 1997 T ...-..--" "". 1l m COUNCIL MEETING MINUTES March 10, 1997 TAPE READING 0590 SITE PLAN ACTIONS. A) Site Plan Review 97-01: Specialty Polymers Laboratory expansion -- No action was taken by the Council. B) Site Plan Review 97-02: Universal Forest Products addition -- No action was taken by the Council. STAFF REPORTS. A) Building Activity Report for the month of February 1997. 0604 ADMINISTRATOR'S REPORT. In regards to the workshop scheduled for tomorrow evening, Administrator Childs encouraged the public to attend this meeting since creative financing ideas are needed in order to proceed with this project during the summer months. 0669 MAYOR AND COUNCIL REPORTS. Councilor Figley urged the public to contact City Budget Committee members or the Councilors to comment on program funding for fiscal year 1997-98 since there will be competition for funding within several departments. She also requested that the Administrator provide them with a budget update so that they can be better prepared for the budget hearing. Councilor Jennings stated that he had attended a Mid-Willamette Valley Advisory Committee on Transportation and has subsequently been elected to a voting position on that committee. He will reporting back to staff on Wednesday, 2:00 pm, in case the Mayor or other interested Councilors would like to attend this briefing. He also stated that the coalition of Mayor's is writing a letter to the legislature opposing their silence on the issue of financial aide to cities. In regards to the budget, Councilor Jennings suggested that the Administrator prepare a memo to the Council to bring them up-to,date on what programs and/or projects will not be funded in the budget as proposed by the Administrator. Since the first budget meeting will not be held until the middle of April, he does not want to be put in a position of making major budgetary decisions within a very short period of time. Administrator Childs stated that the budget is not complete at this time, however, he assured the Council that he will present a balanced budget as it reflects the lesser property tax to received under Ballot Measure 47. Secondly, he encouraged the Council to discuss the budget at anytime but he is not prepared to give specifics at this time. Councilor Sifuentez also requested that, if possible, budget information be given to them in advance of the first budget meeting so they can be informed as to what program changes are included in the budget document. Page 8 ' Council Meeting Minutes, March 10, 1997 ...~- ., '_.~ - . COUNCIL MEETING MINUTES March 10, 1997 TAPE READING Councilors Pugh and Hagenauer also concurred with comments made by the other Councilors on receiving the budget information prior to the first meeting. Mayor Kirksey expressed her appreciation of Councilor Jennings willingness to serve on the MWV Advisory Committee on Transportation meeting. She felt that he was a good representative for the City since he had Chaired the City's Transportation Committee. 0918 EXECUTIVE SESSION. JENNINGS/FIGLEy.... adjourn to executive session 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 as authorized under ORS 192.660(1)(h). The motion passed unanimously. The meeting adjourned to executive session at 9:00 p.m. and reconvened at 9:23 p.m.. The Council took no action as a result of the executive session. 0927 ADJOURNMENT. JENNINGS/FIGLEy.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:24 p.m.. APPROVED0'~~~~ NANCY A. KI SEY, MAYOR , ATTEST--L21 {U~ ---z=:~,~+ Mary Te ant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, March 10, 1997 "-----~.._-- .. m