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Minutes - 03/25/1996 TAPE READING 0001 0003 0010 0027 0040 0060 0081 ", COUNCIL MEETING MINUTES March 25, 1996 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 25, 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 Lt. Eubank, community Development Director Goeckritz, Finance Director Gillespie, Park & Recreation Director Holly, city Recorder Tennant MINUTES. JENNINGS/PUGH.... approve the regular and executive session minutes of March 11, 1996. The motion passed unanimously. APPOINTMENTS. Mayor Kirksey appointed Tom Waggoner and Preston Tack to serve on the Ad-Hoc committee to address issues involving yard debris recycling. JENNINGS/SIFUENTEZ.... appointments be approved. The motion passed unanimously. ANNOUNCEMENTS. 1) The 500,000th Transit Bus Rider was Yugo Sanchez. 2) A city Council workshop will be held on Monday, April 15th, 7:00 p.m., city Hall council Chambers, to discuss water and sewer rates. CHAMBER OF COMMERCE. cindy wurdinger-Kelley, Chamber representative, reminded the public that the 1st Annual TUlip Festival is underway and will continue until April 21st. Several events will be held including a Home & Garden Fair on Saturday, March 30th, Woodburn Armory, between 10:00 am and 2:00 pm. A variety of businesses will be participating in this event. Banners, T- shirts, and sweatshirts are also being sold at the Chamber office and other selected business locations. Page 1 - council Meeting Minutes, March 25, 1996 ~_. -,- . .....~__,._O>__,_,__,..__..._____. 1 I . TAPE READING 0132 0151 0175 0211 0251 '~" COUNCIL MEETING MINUTES March 25, 1996 JULY 4TH COMMITTEE REPORT. police Lt. Don Eubank informed the Council that the Committee held their first meeting last Thursday to begin preparations for the annual July 4th activities. The fundraising campaign will soon begin to offset the cost for the fireworks and program activities. As a reminder, the Kiwanis Club is sponsoring the event. Mayor Kirksey invited the public to attend the "Tenting Tonight" play performances being held at the Woodburn Museum on April 5, 6, & 7, 1996, and April 12, 13, & 14, 1996. LETTER FROM SENIOR ESTATES GOLF , COUNTRY CLUB. Mayor Kirksey stated that the letter from Senior Estates urging the Council to promote a Parr Rd Expressway from 1-5 at the Butteville overpass to Highway 99E has been forwarded to the State Dept. of Transportation. She reminded the public that the city has always made the by-pass concept a priority to facilitate traffic flow and this concept is included in the Transportation Plan. councilor Pugh agreed that the by-pass is an important component of the Transportation Plan. Deanna Jolly, owner of Artic Circle at 315 N. Pacific Hwy., questioned the council as to whether or not they were able to obtain information from staff regarding transient businesses. community Development Director Goeckritz stated that he has prepared a memo for our Attorney's review and a staff report will be submitted to the Council at the next meeting. Dehn Blunt, General Manager, Holiday Inn Express, stated that a group of hotel/motel owners have been meeting to address increased sewer bills. He questioned the Council as to what procedure needed to be followed to approach this issue before the council so that they may have an opportunity to voice their concerns. Mayor Kirksey stated that there will be a workshop on April 15th on this issue which is open to the pUblic. Additionally, they can write a letter to the Council to outline their concerns. Ashish Mistry, owner of the Woodburn Inn, stated that there seems to be some confusion at the staff level as to how the bills for motels are computed (residential mUlti-family rate versus commercial rate). He expressed concern over the high utility bills that Woodburn motels are experiencing in comparison to motels located in the surrounding areas. Councilor Jennings stated that the Public Works Director has agreed to meet with individuals and/or groups to help them understand the current rate structure. Page 2 - Council Meeting Minutes, March 25, 1996 TAPE READING 0441 0900 0942 -. COUNCIL MEETING MINUTES March 25, 1996 Mr. Mistry reiterated his concerns on the utility rates and reminded the council that the city also imposes a transient occupancy tax which other businesses are not required to pay. It was a consensus of the hotel/motel representatives and Director Tiwari to meet on Wednesday, March 27th, 2:00 pm., to discuss the wastewater rate issue. PUBLIC HEARING - ZONE CHANGE #95-07. SITE PLAN REVIEW #95-14. AND LOT LINE ADJUSTMENT #95-12 (HILLYER'S FORD AUTO DEALERSHIP) . Mayor Kirksey declared the public hearing open at 7:18 p.m.. Recorder Tennant read the land use statement required by ORS Chapter 197. Director Goeckritz entered the following exhibits into the record: Exhibit 1 - Staff Report; Exhibit 2 - Applicant's Report, and Exhibit 3 - Public Notification Process and Those Contacted. Director Goeckritz proceeded to review the proposed changes which were approved by the Planning commission following their January 25, 1996 public hearing. The property is located west of 1-5 and south of Hwy. 219 abutting the freeway. The proposed zone change would convert the area from Interchange District to commercial which would allow for the placement of an auto dealership on the parcel of land. The city currently has approximately 180 acres presently designated as commercial of which approximately 147 acres is vacant. The applicant had looked at 7 different sites for the placement of the dealership and, based on their assessment of needs, concluded that the site adjacent to the freeway would be the best location for their business. The lot line adjustment of 20 feet would provide for a straight access across to Arney Road. The applicant has met with the State Dept. of Transportation and has received a permit from the State. The site plan was displayed showing the placement of the 22,000 square foot facility on the property. He also informed the Council that all of the site plan criteria has been met by the applicant. It was also noted that OOOT has identified on the permit that, as the area develops, some access must be constructed over to Woodland Avenue. Mark Shipman, attorney representing the applicant, expressed his opinion that this was a good proposal for the use of the property and he urged the Council to approve the zone change, site plan, and lot line adjustment with the conditions imposed by the Planning commission. Mayor Kirksey declared the public hearing closed at 7:33 p.m.. JENNINGS/PUGH... approve the applicant's request to amend the zone from 10 Interchange to CR Commercial and acknowledge the Page 3 - council Meeting Minutes, March 25, 1996 w . -.-..---..<- -_.."..,_.~,---~---,,--_. --~ "._'--"''''~'''-''''---'---'-'--"- TAPE READING 0970 1002 1055 1094 ~ COUNCIL MEETING MINUTES March 25, 1996 commission's approval of the site plan. The motion passed unanimously. JENNINGS/PUGH.... direct staff to prepare findings of fact and prepare an ordinance for Council consideration at the next meeting. The motion passed unanimously. COUNCIL BILL 1696 - ORDINANCE AMENDING ORDINANCE 2157 (WASTEWATER USER CHARGE ORDINANCE). council Bill 1696 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 1696 duly passed with the emergency clause. COUNCIL BILL 1697 - ORDINANCE AMENDING COMPREHENSIVE PLAN MAP DESIGNATION FOR PROPERTY LOCATED WEST OF HIGHWAY 99E AND SOUTH OF HARDCASTLE AVE. FROM "RESIDENTIAL GREATER THAN 12 UNITS PER ACRE" TO "COMMERCIAL": CHANGING ZONE DESIGNATION FROM "MULTI- FAMILY RESIDENTIAL" TO "COMMERCIAL GENERAL": AMENDING THE ZONING MAP: AND IMPOSING A CONDITION OF APPROVAL (Henkes ProDerty) . council Bill 1697 was introduced by councilor Hagenauer. The two readings of the bill were 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 1697 duly passed with the emergency clause. COUNCIL BILL 1698 - ORDINANCE CHANGING THE ZONING DESIGNATION ON PROPERTY LOCATED EAST OF BWY. 99E AND NORTH OF HARDCASTLE AVE. FROM MULTI-FAMILY RESIDENTIAL TO COMMERCIAL RETAIL: AMENDING THE ZONING MAP: AND IMPOSING A CONDITION OF APPROVAL (Leroy Miller ProDerty). Councilor Hagenauer introduced Council Bill 1698. 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, Council Bill 1698 passed unanimously. The Mayor declared the bill duly passed with the emergency clause. COUNCIL BILL 1699 - RESOLUTION ENTERING INTO AN AGREEMENT WITH HDR ENGINEERING. INC.. FOR ENGINEERING CONSULTING SERVICES FOR WATER SYSTEM PLANNING. Council Bill 1699 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the council. Councilor Jennings questioned the cost for the conSUlting services and the need for contracting for this service rather than staff compiling the study. Administrator Childs stated that this agreement provides for conSUlting services to Page 4 - Council Meeting Minutes, March 25, 1996 TAPE READING 1186 1249 1322 -. COUNCIL MEETING MINUTES March 25, 1996 complete Phase I of the Water Master Plan. The scope of this project involves not only precise and exacting work but a lot of time which our engineering staff does not have the ability to handle in addition to their normal workload. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1699 duly passed. COUNCIL BILL 1700 - RESOLUTION ENTERING INTO AN AGREEMENT WITH SPRINT SPECTRUM LIMITED PARTNERSHIP TO LEASE SPACE ON CITY WATER TOWER STRUCTURES FOR PLACEMENT OF ANTENNA. Councilor Hagenauer introduced council Bill 1700. Recorder Tennant read the bill by title only since there were no objections from the council. councilor Pugh questioned if this firm would have exclusive use of the water tower for this purpose. Director Tiwari stated that the agreement provides sprint Spectrum with non-exclusive space on the tower for their antenna at a cost of $1,000 per month. Other companies interested in renting tower space would also be given the same opportunity at the same price. It is anticipated that the maintenance cost incurred every 10 years to sandblast and paint the water tower would be paid for through the revenue generated by the rental of the tower space. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared council Bill 1700 duly passed. COUNCIL BILL 1701 - RESOLUTION ADDRESSING FAIR HOUSING ASSISTANCE IN THE CITY AS REOUIRED BY OREGON COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). Council Bill 1701 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Pugh questioned if council Bill 1701 was tied to Council Bill 1702. Director Goeckritz stated that the bills are separate but are tied together by the requirements of the Block Grant Program. It was the consensus of the Council to vote on this bill after council Bill 1702 had been introduced and read so that discussion can be held on both issues. COUNCIL BILL 1702 - RESOLUTION ADOPTING A RESIDENTIAL ANTI- DISPLACEMENT AND RELOCATION ASSISTANCE PLAN PURSUANT TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. Council Bill 1702 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the council. Page 5 - Council Meeting Minutes, March 25, 1996 - . TAPE READING 1453 1472 1481 1495 " COUNCIL MEETING MINUTES March 25, 1996 councilor Jennings expressed concern the language in the first paragraph of the agreement relating to replacement of housing units. Director Goeckritz stated that under the Act, if the city provides a loan to a homeowner that would cause the homeowner to be displaced, then we would be required to provide relocation assistance. The language in this agreement is standard HUD language and to date, the city has never approved of a project that would cause homeowner displacement. Mayor Kirksey called for the roll call vote on Council Bill 1701. The Councilors passed the bill unanimously and Mayor Kirksey declared Council Bill 1701 duly passed. On roll call vote for council Bill 1702, the Councilors passed the bill unanimously and Mayor Kirksey declared Council Bill 1702 duly passed. LIOUOR LICENSE APPLICATION - OGA PROPERTIES INC./MEMBERS CLUB INC. (Golf Course) -- ADDING PARTNER MARMAC. INC.. within the staff report from Chief Wright, he recommended that the City Council recommend to OLCC the addition of partners to the OGA Properties, Inc./Members Club Inc. liquor license. JENNINGS/PUGH.... accept the recommendation of the Chief and recommend to OLCC the addition of Marmac, Inc., to the OGA Properties Inc./Members Club Inc. liquor license. The motion passed unanimously. LIOUOR LICENSE APPLICATION - PIPER'S JEWELRY. Chief Wright recommended the addition of a partner to the package store liquor license submitted by Charles and Rebecca Piper. JENNINGS/PUGH.... recommend to OLCC the addition of a partner for piper'S Jewelry. The motion passed unanimously. LIOUOR LICENSE APPLICATION - SENIOR ESTATES COUNTRY CLUB. Chief Wright recommended the addition of a partner (Joseph Eudemiller and Katherine Nunenkamp) to the package store/restaurant license held by the senior Estates country Club. JENNINGS/PUGH.... recommend to OLCC the addition of a partner for the senior Estates Restaurant. The motion passed unanimously. LIOUOR LICENSE APPLICATION - DENNY'S RESTAURANT. The Chief'S staff report recommended approval of the new outlet restaurant license submitted by Denny's restaurant. JENNINGS/PUGH.... accept the recommendation of the Police Chief and forward a favorable recommendation to OLCC. Page 6 - Council Meeting Minutes, March 25, 1996 - . TAPE READING 1531 1581 1606 1617 '-~'l COUNCIL MEETING MINUTES March 25, 1996 councilor Pugh questioned enforcement of a two (2) drink limit. Lt. Eubank stated that bottled beer and wine will be available with a meal purchase and the business has established a policy that limits the number of drinks to a customer. The motion passed unanimously. STREET/PARKING LOT CLOSURE AND SOUND AMPLIFICATION PERMIT -- CINCO DE MAYO. Centro Cultural, event organizer, has requested closure of streets and parking lot in the downtown area in addition to the use of sound amplification equipment during the festivities. The event will be held on May 3, 4, & 5th with clean-up to be concluded on Monday, May 6th. Councilor Jennings questioned if the downtown businesses had been contacted regarding this request. Lt. Eubank stated that contact had been made. Additionally, the event will be held for the same number of days as last year and they will be utilizing less space for their activities. JENNINGS/SIFUENTEZ.... approve the request as outlined in the Police Chief's memo along with the specified conditions and limits. The motion passed unanimously. SITE PLAN ACTIONS AND SUBDIVISIONS. 1) site Plan Review 95-25 -- veterinary Clinic expansion, 225 S. Pacific Highway: No action was taken by the Council. 2) Parking Lot expansion -- Super 8 Motel (Lawson Ave/Stacy Allison Way): No action was taken by the Council. 3) Subdivision #96-01 -- Hayes cozy subdivision (west of Smith Drive): No action was taken by the Council. STAFF REPORTS. A) City Administrator's memo regarding a management change in the Code Enforcement Program effective July 1, 1996. B) Public Works memo regarding the maintenance of gravel streets. C) Public Works memo regarding the installation of a manhole at Harrison street between First and Front streets. CITY ADMINISTRATOR'S REPORT. Administrator Childs informed the public that the 500,000th Transit Bus rider, Yugo Sanchez, is 2-1/2 years old, therefore, his mother, Tilla Sanchez, has been given a free bus pass for the remainder of the calendar year. Page 7 - Council Meeting Minutes, March 25, 1996 ~_.,._......~-""._--...._.._.~--~ ... "---~.,,_...._.~" - . TAPE READING 1656 1738 1744 1771 J.llQ ATTEST " COUNCIL MEETING MINUTES March 25, 1996 Mayor Kirksey briefly explained to the public that the Council Bill passed by the Council at this meeting involved a modification to the wastewater rate ordinance in which the calculation the sewer bill is based on the average of the 3 lowest bills out of 4 during the period of November through February. Mayor Kirksey also thanked the volunteers who picked-up a full pick-up load of litter in the downtown area last Friday. She appreciated the help of staff members and interested citizens in making the downtown area look more presentable. EXECUTIVE SESSION. JENNINGS/PUGH....adjourn to executive session to consult with legal 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 7:58 p.m. and reconvened at 8:15 p.m.. Mayor Kirksey stated that no action will be taken by the Council as a result of the Executive Session. Councilor Jennings stated that he had taken 5 ladies to Canby to investigate their Fine Arts Center and, based on their enthusiam for this type of facility, he suggested that they contact the Mayor to appoint a task force similar to the Pool Committee to work on this project. Mayor Kirksey stated that she is willing to appoint a task force and requested the Councilors to provide her with names of interested citizens willing to serve on this committee. ADJOURNMENT. JENNINGS/PUGH.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:17 p.m.. ',7 .4/1 APPROVED /' ;,,''7'x'' "" NANCY A. KI j?l~ Mary nant, Recorder City of Woodburn, Oregon Page 8 - council Meeting Minutes, March 25, 1996 ~. .. I