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Minutes - 04/08/1996 TAPE READING 0001 0003 0010 0019 0033 0044 0074 COUNCIL MEETING MINUTES April 8, 1996 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 8, 1996. 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 Present Absent Present Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Police Chief Wright, Community Development Director Goeckritz, Finance Director Gillespie, Park & Recreation Director Holly, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant Mayor Kirksey informed the Council that Councilor Figley was on vacation. JENNINGS/PUGH.... item 15(C) be moved to item 5(C). The motion passed unanimously. MINUTES. JENNINGS/PUGH. . .. approve the regular and executive session minutes of March 25, 1996; accept the Planning Commission minutes of March 14, 1996, Library Board minutes of March 20, 1996, and the Recreation and Park Board minutes of March 4, 1996. The motion passed unanimously. ANNOUNCEMENTS. 1) A Council workshop will be held on Monday, April 15th, 7:00 p.m., City Hall Council Chambers, to discuss water and sewer rates. 2) National Library Week is April 15 - 21, 1996. A list of activities is included in the Staff Report under item 15(D). CHAMBER OF COMMERCE. Joanne Beck, Chamber representative, stated that the Tulip Festival is in full swing and has been quite successful. The Garden Show had approximately 500 attendees and the Pancake Breakfast was sold out by 10:00 a.m.. The Chamber will continue this festival in the future and she encouraged those Page 1 - Council Meeting Minutes, April 8, 1996 ......--'.._._~~a_.'__'<_ I I TAPE READING 0412 0538 COUNCIL MEETING MINUTES April 8, 1996 citizens who have not seen the fields yet to go out and view the tulips before April 21st. She also reminded the Council that the Chamber Forum will be held on Wednesday, April 17th, at Yun Wah's Restaurant, 12:00 noon, with the topic of discussion being "School To Work -- Preparing Students For the Work Force". Mayor Kirksey applauded the Chamber, Wooden Shoe Bulb Co., and other members of the community who worked so hard to make this festival a success. MEMO REGARDING REGULATION OF TRANSIENT BUSINESSES. Recorder Tennant read Administrator Childs's memo which included information about his contact with the Marion County Health Officer who assured the City that the transient taco business, Taqueria El Rey, has been in compliance with health regulations and they do have an arrangement with Domino's Pizza for storage of food items and cleaning/disinfecting of equipment and utensils. The business has also been registered with the City since April 1995. The memo also addressed staff concerns on regulating businesses of this nature without thoroughly examining any legal issues that may arise involving those transient businesses already established within the City. Administrator Childs suggested that a workshop be held to establish Council priorities in providing staff time to address new ordinances or modifications to existing ordinances not only this topic but several others that have been considered over the last several months. Mayor Kirksey stated that she was not comfortable with the staff recommendation on this issue since she has been concerned about transient businesses being located at one location for long periods of time. In her opinion, transient businesses are not paying their fair share of costs since they are not required to pay system development charges or traffic impact fees even though their business generates an additional load on the City's system. During Council discussion on this issue, Councilor Pugh emphasized the need to protect the rights of a business owner and the City should regulate transient businesses that stay at a location for an indefinite period. Councilor Jennings stated that he preferred not to change the zoning ordinance but suggested that modifications to the business registration ordinance be made following a thorough review of the situation. Councilor Sifuentez expressed her support on the comments made by the Mayor and Councilors and suggested that the Council revisit the Business Registration Ordinance. Councilor Hagenauer suggested that transient businesses be limited to one-week over a period of one year. Page 2 - Council Meeting Minutes, April 8, 1996 "T'"-'. I I TAPE READING 0684 0753 0808 0872 COUNCIL MEETING MINUTES April 8, 1996 Mayor Kirksey suggested that staff be directed to bring back an ordinance which would make transient businesses "transient" otherwise, the definition of transient needs to be removed. After some further discussion on this issue, PUGH/SIFUENTEZ. . .. assign 3 Councilors to form a sub-committee to review our ordinances pertaining to transient business and bring forth a recommendation to the Council for action. The motion passed unanimously. Mayor Kirksey stated that she will contact the Councilors to serve on this committee and a report will be brought back within 45 days. Dan Glennon, 1306 Vanderbeck, stated that he is a member of the Board of Directors for Senior Estates and, at a recent meeting, the Board decided to form a Community Relations Council of which he is the chairperson. This committee also includes Preston Tack, Dorothy Senatra, and Phyllis McKean. The committee has been delegated with the task to work with the City, Chamber, and Downtown Association for the purpose of improving our community. Barbara Lucas, 214 E. Clackamas CI, expressed her concern regarding financing of street improvements since the annual revenues for street related purposes are approximately $1.1 million while the estimated cost for resurfacing, construction, and reconstruction average $8 million per year. She suggested that the Council provide the public with more detailed information as to how these estimated costs will be financed by the City. CONTINUATION OF PUBLIC HEARING - - - WOODBURN TRANSPORTATION SYSTEM PLAN. Mayor Kirksey continued the public hearing at 7:31 p.m.. Community Development Director Goeckritz added Exhibit 3(a) to the record entitled "Second Draft - Transportation Plan". He also included Exhibit 5 which is the responses from the community during this transportation plan process. He stated that the delay in finalizing the plan was due to technical interpretations in order to meet the Department of Land Conservation Development (DLCD) requirements. Staff feels that the new draft document satisfies the concerns of the state, therefore, he recommended that the hearing be closed at the close of receiving public comment at this meeting but the record remain open for 10 days for submittal of written comments. Public Works Manager Randy Rohman stated that the City has been negotiating with DCLC on the technical language within the draft document. The major technical change involves the interchange system. The staff has agreed to pursue jointly with the State and County a refinement plan or study in about Page 3 - Council Meeting Minutes, April 8, 1996 _.,.._._,-,~-- . I TAPE READING 1050 1360 COUNCIL MEETING MINUTES April 8, 1996 two years to identify a permanent solution how best to handle the problems with the interchange area and access to the interstate system from Woodburn and areas to the east, and to alleviate some County concerns. John Donaldson, representing Capital Development Co., stated that their property (173 acres) is located east of 1-5 and south of Wal-Mart. Their concern on the draft plan involves language in Section 9.2.3 relating to the interchange system that will be developed in connection with the ultimate improvements to the interstate system. The language currently identifies 4 options, one of which is a no-build option and the other three options various forms of traversing the freeway system south of the existing 1-5 overpass. Two of the three options impact their property since they involve intersecting their property with road network sites with one of the plans having a significant impact on their property. They have been working with the City since 1991 and have monetarily contributed towards the study. A major change to the plan now involves another study which will not take place for another 2 or more years. In his opinion, the language in the draft plan restricts the alternatives whereas, by modifying the language, the City will not be locked into the specific alternatives. He also questioned how the staff would deal with Capital Development Co. if they would decide to come in and pursue a development proposal prior to the refinement study. Additionally, he felt that the Butteville Road interchange proposal would be the most advantageous to the City. Councilor Jennings questioned the estimated cost of the refinement study and he also stated that the alternatives were in no specific order. Mr. Donaldson stated that the intent of his suggestion is to keep all options open until such time as the study is completed. Additionally, the staff had provided him with the estimated study cost of $300,000. Public Works Manager Rohman stated that the alternatives will be open when the study is conducted but the City's position will be those alternatives as listed in the Plan. He noted that the study is the first step in doing an interchange and/or modification changes at the state and federal level. Mayor Kirksey expressed her concern that the City has a major landowner who is impacted by this Transportation Plan and she questioned if there was some verbiage that could be included into the Plan that would assure the landowners that all options would be considered. Public Works Manager Rohman stated that the Plan does contain a conceptual drawing of the roadway plan which is essentially Page 4 - Council Meeting Minutes, April 8, 1996 - - TAPE READING 1940 2436 2690 COUNCIL MEETING MINUTES April 8, 1996 If a development proposal completed, the Planning with the developer for an the same for all three options. does come in before the study is Commission and Council will work acceptable roadway system. Director Goeckritz stated that the language does not provide for absolute alternatives and the study would allow the addition of other alternatives as a result of the study. Attorney Shields stated that if the plan language is modified, the Council should continue the public hearing until the City has an opportunity to contact the State for their input on the proposed language modifications. Further discussion was held regarding the continuation or closure of the public hearing. Councilor Jennings expressed his opinion that the Task Force and staff have not closed the door for other alternatives with the language as it is currently proposed in the Plan. SIFUENTEZjCHADWICK...keep the public hearing open until the next meeting at which time all of the Councilors will be present. The motion passed 4-1 with Councilor Jennings voting nay. Councilor Sifuentez requested that the staff provide alternative language or assurance that there are no restrictions on expanding the options if the study so determines that an option not on the current list would be more appropriate. An extensive discussion was held regarding hearing procedure during which time Attorney Shields tried to explain the difference between continuing the public hearing for additional testimony and closing the hearing but allowing 10 days for written comments, and parliamentary procedure to be followed in reconsidering a motion. councilors Pugh and Jennings expressed concern over continuing the public hearing since implementation of the Plan has already been delayed due to modifications to the technical language. SIFUENTEZjPUGH... reconsider the previous motion. The motion passed unanimously. Attorney Shields stated that the same motion to continue the public hearing is now on the floor and an aye vote will continue the hearing and a nay vote will be to continue taking public testimony at this meeting. On roll call vote, the motion failed 0-5, therefore, the Council continued taking testimony at this meeting. Mr. Donaldson stated that the continuation of the hearing and delay of another month before formal adoption of the Plan does Page 5 - Council Meeting Minutes, April 8, 1996 - . TAPE READING 2863 2935 3042 Tape 2 0007 COUNCIL MEETING MINUTES April 8, 1996 affect their ability to do anything with the property. That is not a major problem at this time. In his opinion, the whole issue can be resolved by making it clear in the language that these are 3 options available but they are not the only options that can be considered pending the future study. During a brief discussion on the language issue, Director Goeckritz stated that inserting the language "include, but not limited to" would probably not be a problem with the State. JENNINGS/PUGH.... continue the hearing for 2 weeks and instruct staff to come back with verbiage to change the 3 alternatives wording to read ".. .the 3 alternatives include, but are not limited to..." or to whatever way staff needs to word the section. On roll call vote, the motion passed unanimously. Mayor Kirksey stated that she would contact Keith Woolen to inform him of the hearing extension. Mr. Woolen had expressed an interest in submitting testimony after the time period in which testimony was being solicited per the established procedure and prior to the vote for reconsideration. Councilor Jennings spoke in defense of the Mayor's action at this meeting regarding the incident involving Mr. Woolen. COUNCIL BILL 1703 - ORDINANCE CHANGING THE ZONING DESIGNATION ON PROPERTY LOCATED ON THE SOUTHWEST CORNER OF HIGHWAY 219/1-5 INTERCHANGE FROM INTERCHANGE DISTRICT (ID) TO COMMERCIAL RETAIL (CR): AMENDING THE ZONING MAP: APPROVING A SITE PLAN REVIEW APPLICATION: ACKNOWLEDGING A LOT LINE ADJUSTMENT: AND IMPOSING CERTAIN CONDITIONS (HILLYER'S FORD). Council Bill 1703 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of 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 1703 duly passed. COUNCIL BILL 1704 - RESOLUTION ENTERING INTO AN AGREEMENT WITH MARION SALEM CENTRAL COMPUTER FACILITY (MSCCF). Councilor Hagenauer introduced Council Bill 1704. 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 1704 duly passed. COUNCIL BILL 1705 - RESOLUTION ENTERING INTO AN AGREEMENT WITH SPRINT SPECTRUM LIMITED PARTNERSHIP TO LEASE SPACE FOR AN ANTENNA ON THE CITY WATER TOWER. Council Bill 1705 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, Council Bill 1705 passed unanimously. Mayor Kirksey declared the bill duly passed. Page 6 - Council Meeting Minutes, April 8, 1996 -. ._"._-'."..~._-'.'~-'~- . . TAPE READING 0028 0042 0051 COUNCIL MEETING MINUTES April 8, 1996 CONTRACT AWARD (Bid #96-13) - STREET RESURFACING PROJECT (CORBY STREET AND JANSEN WAY). Bids were received from the following contractors (adjusted bid with the addendum): Kerr Contractors Inc., $153,478.00; North Santiam Paving, $162,419.80; Salem Road & Driveway, $170,395.65; Eagle Elsner Co., $173,472.50; Morse Bros., $175,857.26; and D & D Paving Co., $204,300.45. Staff recommended the contract be awarded to Kerr Contractors in the amount of $153,478.00 which is within 10% of the engineer's estimate. JENNINGS/PUGH... award the street resurfacing improvement bid to Kerr Contractors in the amount of $153,478.00. The motion passed unanimously. REJECTION OF CONTRACT BIDS FOR CULVERT IMPROVEMENT AT THE WASTEWATER TREATMENT PLANT ENTRANCE ROAD (BID #96-14) . Bids for this improvement were received from the following contractors: Berning Construction Co., $5,155.00; and DaNeal Construction Co., $9,224.00. The engineer's estimate for this project was $3,132.50. Since the bids exceeded the engineer's estimate by more than 10%, staff recommended that both bids be rejected. This project will be combined with another project and readvertised. JENNINGS/PUGH... reject the bids for the culvert improvement. The motion passed unanimously. WATER LINE CONNECTION TO CITY SERVICES (Woodburn Art Center. 2251 N. Boones Ferrv Rd). The Woodburn Art Center has requested city water service since their current water supply, which is provided by a private well on property owned by Tukwila, will be disconnected. It was noted that the Art Center could connect to an existing water line on the east side of N. Boones Ferry Rd., however, no sewer service is available at this time. The property owner will be required to pay the appropriate fees and system development charges, and sign a non-remonstrance consent to support the future annexation of their property into the City and to participate in any local improvement district for improvements on Boones Ferry Road to upgrade it to city standards. Additionally, the property owner will be required to pay any fees or fair share costs associated with connection or extension of a sanitary sewer main to which would service their property. JENNINGS/PUGH.... staff recommendation to approve the Woodburn Art Center request to connect to city services with conditions be accepted. The motion passed unanimously. Page 7 - Council Meeting Minutes, April 8, 1996 ...- .-..._.^'_""'._'_ "".___o<~..,_,.____~. I I TAPE READING 0058 0073 0100 0250 0330 COUNCIL MEETING MINUTES April 8, 1996 CLAIMS FOR THE MONTH OF MARCH 1996. SIFUENTEZ/HAGENAUER.... approve March 1996 voucher checks #30915 - 31227 for payment. The motion passed unanimously. SITE PLAN ACTIONS. (A) Site Plan Review #96-04 -- Salud Building Facade. No action was taken by the Council on staff's administrative approval which was acknowledged by the Planning Commission. STAFF REPORTS. (A) Filing Period for Mayor and Council positions -- Recorder Tennant read the memo which highlighted the positions (Mayor, Councilors - Ward I, II, & VI) which will be up for a vote at the November general election. The filing period closes on August 26, 1996 at 5:00 p.m.. Nomination petition packets are available at the City Recorder's office. (B) United Disposal Service - 1996 Citywide Cleanup -- A letter of appreciation was sent to United Disposal Service for their contribution to this annual project by providing free disposal service for yard debris valued at $52,146.37. Due to large volume of materials being deposited in the containers which were not considered as yard debris, next year's event will probably involve tighter controls to reduce and/or eliminate this problem. (C) National Library Week -- Library Director Sprauer reviewed the activities planned during the week of April 15th through April 21st. This year's theme centers on using the internet and it was noted that the computer center was expanded in both youth and adult services by the purchase of one additional computer for each section through a State Grant and the Friends of the Woodburn Public Library. (D) Building Activity Report for March 1996. MAYOR AND COUNCIL REPORTS. Councilor Chadwick stated that the new fence along Henry Farms and Heritage Estates looks very attractive and the residents in Senior Estates whose property lines abut these developments are happy with the fence. Councilor Pugh complimented the Mayor, Chamber, Wooden Shoe Bulb Co., and any other individuals or organizations involved in organizing the Tulip Festival. EXECUTIVE SESSION. JENNINGS/PUGH... adjourn to executive session under the authority of ORS 192.660(1) (e) to conduct deliberations with Page 8 - Council Meeting Minutes, April 8, 1996 .-. . I COUNCIL MEETING MINUTES April 8, 1996 TAPE READING persons designated by the governing body to negotiate real property transactions. The motion passed unanimously. The meeting adjourned to executive session at 8:39 p.m. and reconvened at 10:22 p.m.. 0340 Councilor Jennings requested the City Attorney to give the Council a working paper that would tell them under what circumstances the Council can have executive sessions. Attorney Shields stated that he would prepare this information for the Council. 0400 Mayor Kirksey stated that no action was taken in the Executive Session. 0410 ADJOURNMENT. JENNINGS/SIFUENTEZ. .. meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:25 p.m.. 'pI . 71,~/< f //I'J '-1~.I~ {el ~ANCY A. KIRkSEY, MAYOR} (Y\CL~~_~ Mary T ant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, April 8, 1996 ...--'.. ._~-,-- .._..-.-.,---~-~-*-^-----..-......-.~ . I