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Minutes - 10/15/1996 Spec Mtg TAPE READING 0001 0003 0010 0025 0042 0191 SPECIAL COUNCIL MEETING MINUTES October 15, 1996 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 15, 1996. CONVENED. The Council met in special 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 Present Present Absent Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, Community Development Director Goeckritz, City Recorder Tennant Mayor Kirksey stated that she has had ex-parte contacts and she feels that she has a conflict of interest since she has been very vocal about the process, therefore, she is stepping down from the bench and Council President Jennings will run the hearing. PUBLIC HEARING - SITE PLAN REVIEW #95-26 -- ESPERANZA COURT. Council President Jennings declared the public hearing open at 7:05 p.m.. President Jennings stated that he has had several telephone calls from individuals on both sides of the issue but he had informed each of them that he could not take testimony from them and that they needed to be at this hearing. Councilor Sifuentez stated that she had calls from both parties and she told them to be at this meeting, some of which are in attendance. Councilor Figley also stated that she spoken with people about the issue in passing. She had informed those individuals that the testimony received at tonight's hearing is what she will need to consider in order to make a decision and everyone of those individuals have respected her answer some of which are in attendance at this meeting. Recorder Tennant read the land use statement required by ORS Chapter 197. Attorney Shields reviewed the legal criteria listed in the zoning ordinance for evaluating a site plan. He stated that the application is before the Council for review, after being decided by the Planning Commission by final order, and after being called up by the City Council at a previous meeting. Page 1 - Special Council Meeting Minutes, October 15, 1996 .. . TAPE READING 0290 0362 0375 SPECIAL COUNCIL MEETING MINUTES October 15, 1996 council President Jennings established the ground rules for this hearing, that being no time limit will be placed on the applicant or staff report but a 5-minute time limit will be placed on testimony from proponents and opponents. Attorney Shields has conferred with the Attorney from Esperanza Court on this issue. He informed the audience that if anyone is not able to present their testimony within 5 minutes, they submit it in writing to the City Recorder so that it may be considered as evidence. Community Development Director Goeckritz submitted into the record as Exhibit #1 the following letters: 1) public testimony dated August 8, 1996 submitted by Farmworker Housing Development Corporation, and 2) public testimony dated August 1, 1996 from Western Computer Management Corporation. Director Goeckritz reviewed the following options available to the Council: 1) approve the Planning Commission's Final Order #95-26, 2) approve but modify the Planning Commission's Final Order #95-26, or 3) deny the Planning Commission's Final Order of Approval #95-26. Council President Jennings informed the audience that Councilor Hagenauer is ill and would not be in attendance at this meeting. Director Goeckritz continued his presentation and described the location of the property (south of Cleveland/east of First Street). The property is currently zoned Commercial and multi-family residential housing is a permitted use in the Commercial zone. The proposed development consists of a 12- unit complex, 2-story height, consisting of approximately 32,000 square feet. In addition, an office complex (approximately 1,500 sq. ft.) will house the Farmworker Housing Development Corp. (FHDC) staff. The buildings do meet the criteria on the amount of square footage needed to rest on the site along with the off-street parking criteria. As a condition of approval, the Planning Commission is requiring 2 off-street loading spaces. All of the setback requirements will be met and the landscaped area will more than adequately meet the established requirements. FHDC will also be installing a tot lot surrounded by a 3 foot fence and have expressed a willingness to install bike racks. He reviewed the location of the driveways onto Cleveland Street and Oak Street along with the design of the building. The office complex will be a separate unit, one-story in height, which will be constructed of the same building materials so that it will meld with the complex. Signage for this development will be placed behind the setback area. He stated that the applicant has met or is willing to meet all of the conditions. Page 2 - Special Council Meeting Minutes, October 15, 1996 .'...._~--"._.- - . TAPE READING 0775 1025 SPECIAL COUNCIL MEETING MINUTES October 15, 1996 The Planning Commission Final Order recommends approval of this site plan. Councilor Figley stated that the hearing is a site plan review and questioned if any other criteria needs to be considered. Director Goeckritz reiterated that this development is a permitted outright use within this zone. Ellen Johnson, Attorney representing FHDC on Esperanza Court, provided a history of the development which included 6 months of work with City staff before the application was filed. The site plan had been approved by the Planning Commission, however, the City Council had decided to bring this issue before them for review. Since FHDC had not received any notice of a particular concern on this application, it is their understanding that the only issue before the Council is whether or not Esperanza Court complies with the applicable standards. She also stated that she would object to the introduction of testimony on any other issue. Additionally, she stated that FHDC reserves the right to submit final written arguments within 7 days after closure of the record as provided for within ORS Chapter 197. She noted that several exhibits had been entered into the record by the City Recorder just prior to the start of this meeting. She cited specific state statutes that set specific limitations on the local governments ability to prevent farmworker housing and the Woodburn Zoning Ordinance has not been amended to reflect these state-wide amendments. In ORS 197.312, it prohibits the City from applying any approval standards, special conditions, or procedures on seasonal and year-round farmworker housing that are not clear and objective or the have the affect either in themselves or cumulatively of discouraging year-round farmworker housing through unreasonable cost or delay or by discriminating against such housing. Esperanza Court is an effort to provide much needed housing in this area and all of the units will be occupied by very low-income farmworkers. She stated that it is FHDC's position that the Council must incorporate the state statutes into the local criteria when considering FHDC's application and must also comply with the federal Fair Housing Act which makes it illegal for the City to otherwise make it available or deny a dwelling to any person because of race, religion, sex, color, familial status, or national origin. In conclusion, she reminded the Council of applicable criteria and standards which need to be followed when reviewing the application and making a final decision. Greg Winterowd, Land Use Planner, office at 700 N. Hayden Dr, Portland, stated that he had been a staff person at LCDC in the early 1980's and, at that time, had reviewed Woodburn's Comprehensive Plan and Zoning Ordinance for compliance with Page 3 - Special Council Meeting Minutes, October 15, 1996 ,._............_"--~-. . r TAPE READING 1375 1750 SPECIAL COUNCIL MEETING MINUTES October 15, 1996 state-wide planning goals including goals in housing. Subsequent statutes have been adopted to specifically identify as-needed housing, farmworker housing, and government assisted housing. He began his work on this project in March 1996 to work with staff to re-design the development to meet the applicable zoning standards. By the time the application was submitted to the Planning Commission, each standard within the code had been met. During the Planning Commission hearing, there was no opposition to the proposed development. In the final order, the Planning Commission did require two (2) off- street loading spaces for the complex and office structure. He requested that the Council voice any issues they may have on this site plan prior to the close of the hearing so that they would have an opportunity to respond to the specific issue(s). He reiterated that the site plan is only subject to standards explicitly stated in the zoning ordinance and it explicitly states that plan policies in the comprehensive plan cannot be used as approval criteria. The legislature made the statutory changes since some local governments had taken policies out of their plan and applied them to deny locally unpopular projects. He stated that in the record there is a memorandum from Attorney Shields which substantiates his comments. He briefly reviewed and explained the following criteria which applies to this application: 1) building layout, 2) landscaping, and 3) parking. He reiterated that FHDC is willing and eager to meet each and every condition recommended by the staff and confirmed by the Planning commission. Alma Grijalva, Executive Director of FHDC, stated that FHDC is a non-profit corporation which was incorporated in 1990. Their first housing development was Neuvo Amanecer (located at 1274 N. Fifth St.) and the proposed Esperanza Court development would house an additional 12 farmworker families. She provided statistical data on farmworkers as it relates to work performed, hearings, population in Marion County, age and family size, and housing needs. She stated that FHDC has worked with City staff to meet all of the City's standards and she urged the Council to support the Esperanza Court development project. Eloy Barrera, 17311 Boones Ferry Rd., spoke as a proponent for the project citing the need for more farmworker housing within our community. His family came to this area in 1949 and he related his early experiences with housing shortages to farmworkers which is very similar to the problems farmworkers are experiencing today. In his opinion, the Esperanza Court project will provide much needed housing to farmworker families in addition to being a benefit to the community. Page 4 - Special Council Meeting Minutes, October 15, 1996 ... - .. I ~----~....~~..."._--- SPECIAL COUNCIL MEETING MINUTES October 15, 1996 TAPE READING Guadalupe Peralta, resident at Neuvo Amanecer, briefly provided the Council with the type of living conditions her family has experienced while she has been in this area and before her family was able to secure an apartment at Neuvo Amanecer. She expressed her support of the Esperanza Court project. Ramon Ramirez, Vice President of FHDC & President of PCUN, stated that farmworkers are still not afforded many of the rights and benefits enjoyed by other workers. Some farmworkers do not have homes while others live in labor camps or in their cars. In his opinion, Esperanza Court meets the site plan criteria and would be a positive step in rectifying and improving affordable housing in our community. 2159 Yolanda Martinez, stated that her husband has been a farmworker in the united States for 10 years and she carne to this country in 1995 so that they could live as a family. Housing is limited and they currently live in a garage waiting for an affordable apartment. She expressed her opinion that Esperanza Court will benefit families like theirs to obtain suitable housing. A1 Nunez, former founding President of FHDC, provided a brief history on reasons for the formation of FHDC and the development of Nuevo Amanecer which has proved to be a very successful farmworker housing project. He advocated the approval of the Esperanza Court project which does meet the relevant criteria and would also provide much needed affordable farmworker housing in the Woodburn area. Job Pozos, FHDC Board member since 1994, spoke in favor of the site plan application citing the need for additional farmworker housing in our area. 2604 Celia Nunez, Executive Director for the Hispanic Affairs Commission, expressed her support (along with the Commission's) for Esperanza Court citing the need for affordable farmworker housing in this area. In her opinion, the building design and open space will enhance the area in which it will be located. Larry Klienman, co-founder and Secretary of peUN, expressed support of this site plan since it meets all of the required criteria. Poor housing conditions contribute to an assortment of problems and undermines good physical and mental health, self-esteem, family relationships, and equitable relationships with employers. He also urged the Council to make a commitment to provide adequate housing for farmworkers. Page 5 - Special Council Meeting Minutes, October 15, 1996 - . TAPE READING 2980 Tape 3 0265 0281 SPECIAL COUNCIL MEETING MINUTES October 15, 1996 Numerous proponents for the project spoke at this hearing urging Council approval of the site plan since it met the required criteria. They reiterated the need for additional affordable farmworker housing which is not sub-standard and will provide families with a more healthy environment in which to live. Additionally, Esperanza Court would be located close to many local services. It was also noted that FHDC also provides to their tenants educational programs and support groups thereby helping them to make their own contributions to the community. Many of the statements made at this hearing were written by the proponents, read into the record, and are part of Applicant's Exhibit #9. Individuals who provided testimony on this issue are as follows (all of Tape 2 and the first part of Tape 3) : Pedro Llamas; Kevin Heidrix, Salud Medical Center; Emma Bautista; Juanita Santana; Ramon Hernandez; Charlie Harris, CASA; Linda Robles; Mary Lewis, State Employment Division; Cornelio Zepeda; Haruko Alfred; George Sandoval; Ismael Amaya; Frances Alvarado, Oreon Human Development Corp.; Cintia Manuel; Ed Brant, Oregon Farmworker Minister; Joaquin Bravo; Marilyn Landeen; Antonia Ortiz; Ricardo Camarena; Aurora Juarez; Jeronimo Alonzo; Maria Parra; Maricruz Gonzalez; Mr. Ortiz; Ricardo Camarenas; Maria de Jesus Canchola; Constancio 2uevara; Jose Melgar Leonides; Jose Chavez; Mireya Equihua; Mario Villagomez; Javier Seaez; Lourdes Cardenas; Adolfo Zuriaga; Adolfo Tavares; and Doyne Deos. For the record, Roberto Berger translated for those individuals who requested a Spanish interpreter. Ellen Johnson requested that a letter from Salud Medical Center also be included as part of the record (Applicant's Exhibit #11) . Nancy Kirksey, 1049 McKinley St., entered the following exhibits into the record: 1) Opponent's Exhibit #1 - woodburn Comprehensive plan 2) Opponent's Exhibit #2 - Planning Commission Training Manual. She referred to page 10 of the training manual (LCDC's Responsibilities) and to page 13 (Comprehensive Plan and its Implementation) reading excerpts from both pages to emphasize her points as to why the site plan application should be denied. In her opinion, she feels that LUBA should decide if the Comprehensive Plan is relevant especially when you look at the overall goals of the Comprehensive Plan. She also referred to the opening statements in the Comprehensive Plan and, in regards to commercially zoned land, she stated that there is no place in the document that residential housing is Page 6 - Special Council Meeting Minutes, October 15, 1996 ._""~-- .. T ,...,-.-.........--- TAPE READING 0497 0662 SPECIAL COUNCIL MEETING MINUTES October 15, 1996 allowed in commercial development. Additionally, it addresses downtown and the Central Business District and the need to provide a strong vital area for trade in agriculture and industry. Barbara Lucas, 214 E. Clackamas Cl., urged the Council to reject the site plan application. She referred to the Land Use Element within the Comprehensive Plan which identifies appropriate uses of land and, within the Central Business District, residential use is not an appropriate use. In her opinion, revitalization of the downtown district should be a priority of the City which includes new businesses, transit mall, additional parking, and a community center/performing arts center. (Letter submitted into the record as Opponent's Exhibit #3) . Laten Frawley, 1234 Woodland Ave., spoke in opposition to this application citing that this project would place an additional burden on the City taxpayers since no property taxes are paid by FHDC for schools, public safety, parks, Library, and other property tax supported functions. He also supported the statements made by Nancy Kirksey and Barbara Lucas. Frank Lonergan, 245 N. Second, stated that he has lived in the downtown area for over 30 years and agrees that farmworker is needed, however, he expressed his opposition to the location of the development since it would be in the downtown area. He also felt that the City should have purchased this land for future of expansion of city facilities. Tom Waggonner, 849 Woodland, stated that he had spoke to School District officials and obtained information on the cost of educating one student (approximately $5,227) for the purpose of illustrating how much it cost for education since FHDC does not pay property taxes. In his opinion, the area in which the proposed development would be located is needed for future City Hall expansion and no residential units should be located in a commercial district. JoAnn Bjelland expressed her opposition to the application citing the need to keep this property available for future growth of offices, businesses, or city offices. In her opinion, the City needs to rectify an error. She realizes that farmworker housing is needed in this area but feels that it should be put in a different location and more housing units built. Councilor Pugh suggested that Nancy Kirksey be given more time for her presentation since there was a question as to whether or not she was given a full 5 minutes. Page 7 - Special Council Meeting Minutes, October 15, 1996 T .. ._._.,..___._""H.. 1 I TAPE READING 0963 1066 1153 SPECIAL COUNCIL MEETING MINUTES October 15, 1996 Attorney Shields suggested that a waiver not be given by Council President Jennings who so decided that no additional time would be granted. Ellen Johnson expressed her appreciation to the Council for the time they allowed in submitting testimony. She also stated that are requesting to submit final written arguments within 7 days after the hearing is closed. Attorney Shields briefly summarized the request of the applicant and the Council's ability to close the hearing after receiving the all of the applicant's rebuttal statements. Greg Winterowd reiterated that the land as zoned allows for multi-family residential as a permitted outright use. Secondly, the Planning Commission Procedure Manual is not a decision criteria and is irrelevant to the proceedings. He reminded the Council that the statutes supersedes any manual the City hands out to the commission. Thirdly, in his opinion, the Comprehensive Plan is irrelevant to this decision and it is inappropriate to use a plan policy to try and overturn what is permitted outright use under zoning. He re- read the ORS Chapter 197 excerpt on this issue and, in his opinion, the suggestion made by Nancy Kirksey cannot be done by the Council. Councilor Sifuentez questioned Attorney Shields on the Comprehensive Plan issue. Attorney Shields referenced his February 1996 memorandum to the commission on the issue addressing the legislative changes which now provides that the criteria are the criteria listed earlier during this hearing. Councilor Chadwick expressed her sympathy for those individuals who are homeless or unable to afford decent housing, however, she did question how many individuals would be living at each unit. Alma Grijalva stated that FHDC has strict occupancy rules and they do have inspections regularly to monitor those rules and they have been successful. They do follow the standard housing guidelines and for a two-bedroom apartment they would probably have 4 individuals living in that apartment. Renters enter into a one-year lease which is renewable. FHDC does work with their tenants toward home ownership. Page 8 - Special Council Meeting Minutes, October 15, 1996 - . I I - TAPE READING 1324 1367 1481 1628 1737 SPECIAL COUNCIL MEETING MINUTES October 15, 1996 Council President Jennings declared the public hearing closed at 10:40 p.m.. Attorney Shields stated that the Council has now closed the public hearing and closed the record. Under the statute, the applicant has the right to submit in 7 days written arguments but no additional testimony. His advice to the Council was to deliberate to the point where they would make a motion to direct the staff to prepare an ordinance but no final land use action will be taken until the ordinance is adopted. Councilor Pugh stated that, as an observation, there is a need for additional farmworker housing and a build out of Neuvo Amanecer should be done as soon as possible. Secondly, he said that maybe he misunderstood, but there was a comment made by the applicant's attorney that a "no vote" would be an act of discrimination and he resented that type of a threat brought before the public body. He feels that the Planning Commission had carried out their duty and this matter had been decided by them based on the land use laws they were required to follow. He outlined his views on land use laws in general and also stated that since he was unable to vote his conscience on this issue, he would be abstaining from voting. Councilor Figley expressed her views on this subject stating that the Council needed to hold this hearing since it has been so controversial. She felt that the Planning Commission had done a good job on this site plan application and she will vote to uphold the Planning Commission's final order. In her opinion, rules need to be followed by all and, if so, the developer has a right to develop their property within the established rules. Councilor Sifuentez stated that at the beginning, she was indecisive about the project since she has also envisioned this location as a potential site for a community center. She wants to see this community as a Community of Unity and she has tried to build this bridge. Nancy Kirksey has worked very hard to get Hispanics not only involved in the community but also city government. In summary, the developers have followed the rules in preparing this site plan, therefore, she will be upholding the Planning Commission decision. The City should have purchased the land back when it was available. She also expressed her concern over comments made about the cost of education since children are the future of a community and educating those children is in the best interest of all of us. Councilor Chadwick stated that the testimony shows that there is a great need for low incomejfarmworker housing, however, residents she has talked to, and she agrees with them, that Page 9 - Special Council Meeting Minutes, October 15, 1996 T .. .-., J I ---.'"--."--"-- ....., SPECIAL COUNCIL MEETING MINUTES October 15, 1996 TAPE READING the downtown area is not an appropriate place for residential housing of any kind. She feels that another location would better and they could build a larger complex to accommodate more people. 1764 Council president Jennings stated that FHDC has complied to the letter of the law and beyond, therefore, he feels bound to uphold the Planning Commission's final order. 1827 FIGLEY/SIFUENTEZ... move that staff prepare an ordinance which indicates are approval of the Planning Commission's Final Order SIR #95-26 with findings, conclusions, and conditions of approval. On roll call vote, the vote was 3-1-1 with Councilor Chadwick voting nay and Councilor Pugh abstaining. 1884 ADJOURNMENT. FIGLEy/PUGH.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:55 p.m.. "'ROVED ~--;:/' /li;;;,L. '7 NANCY A KI SEY, OR ATTEST /11t4-ht I~ Mary Te ant, Recorder City of Woodburn, Oregon Page 10 - Special Council Meeting Minutes, October 15, 1996 . I I -. .,..-'.. ...,.....