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Minutes - 02/12/1996 TAPE READING 0001 0003 0013 0020 0034 0046 "', COUNCIL MEETING MINUTES February 12, 1996 DATE. COUNCIL CHAMBERS, CITY BALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 12, 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 Present Present Present Present Present staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Police Chief Wright, Finance Director Gillespie, Park & Recreation Director Holly, Library Director Sprauer, Public Works Manager Rohman, Asst. Planner Engledinger, City Recorder Tennant MINUTES. JENNINGS/FIGLEY... approve the Council regular and executive session minutes of January 22, 1996, the Council workshop minutes of January 22 and 29, 1996; and accept the Planning Commission minutes of January 11, 1996, the Recreation and Park Board minutes of January 29, 1996, and the Library Board minutes of January 24, 1996. The motion passed unanimously. APPOINTMENT - RETIRED SENIOR VOLUNTEER PROGRAM ADVISORY BOARD. Mayor Kirksey appointed Art Ledesma to the RSVP Advisory Board with his term expiring December 1998. JENNINGS/PUGH.... appointment of Art Ledesma to the RSVP Advisory Board be approved. The motion passed unanimOUSly. ANNOUNCEMENTS. 1) A public hearing will be held on February 26, 1996, 7:00 p.m., city Hall Council Chambers, regarding Comprehensive Plan Map amendment #95-06 and Zone Map amendment #95-08 (applicant: Henkes) . 2) A pUblic hearing on Zone Map amendment #95-09 will also be held on February 26, 1996, 7:00 p.m., City Hall Council Chambers (applicant: Leroy Miller). Page 1 - Council Meeting Minutes, February 12, 1996 . T ."-..._...,_.~"_..__..,_.__._."o__.,___.__~.. 1 11' TAPE READING 0065 0140 0180 0237 - COUNCIL MEETING MINUTES February 12, 1996 PROCLAMATION - SPAY DAY USA. Mayor Kirksey proclaimed February 27, 1996 as "Spay Day USA 1996" in Woodburn to encourage local residents to either have their dogs or cats spayed/neutered or to sponsor the spaying/neutering of another person's dog or cat in an effort to reduce cat and dog overpopulation. CHAMBER OP COMMERCE REPORT. Bob Wolfe, representing the Chamber Board, inviting the public to attend the annual First Citizen Recognition Banquet on Tuesday, February 13, 1996, 7:00 p.m., at the United Methodist Church. He also informed the Council that on Wednesday, February 21st, the Chamber's Greeters program will be held at Woodburn High School between 8:00 am and 8:45 am. At 12:00 noon on February 21st, the monthly Chamber Forum will be held at Yun Wah's Restaurant with the guest speaker being Jerry Berger from Chemeketa Community College. Mayor Kirksey stated that she had received a telephone from a gentleman would was inquiring as to who is responsible for the clean-up of debris following a traffic accident. Chief Wright stated that the owner/driver of the motor vehicle is responsible for the clean-up and if they leave debris on the roadway, they could be cited for allowing hazardous materials to be left on the street. The debris includes liquids (i.e. oil, antifreeze, fuel), and the remnants from the traffic accident. Mayor Kirksey stated that the law places the responsibility onto the driver of the vehicle, however, in her opinion, if the tow company is charging for this service they should be the responsible party. PUBLIC HEARING - SITE PLAN REVIEW #95-20 AND VARIANCE #95-14 (APPLICANT: ANDY SNEGIREVI. The Mayor declared the public hearing open at 7:10 p.m.. Recorder Tennant read the land use statement required by ORS Chapter 197. Assistant Planner Engledinger reviewed the staff report which outlined the site plan and variance applications. The property is located at 749 N. Front street and is zoned Residential Multi-Family (RM). The Planning Commission approved the site plan and variance applications at their December 14, 1995 meeting. The variance allows for the construction of a 2-story 5-plex rather than a 4-plex unit. Under the City's zoning ordinance there is sufficient land available at the site to allow for a 4-plex but the site lacks 1,600 sq. ft. to accommodate the 5-plex. Ms. Engledinger stated that by deleting the 5th unit, only 500 sq. ft. of land space will be made available under the established formula for calculating the allowable size of a structure. All other Page 2 - Council Meeting Minutes, February 12, 1996 r II' . TAPE READING 0610 - COUNCIL MEETING MINUTES February 12, 1996 requirements such as setbacks, parking, fencing, and landscaping have been met by the developer. Councilor Jennings questioned if the memo within the agenda packet was prepared by the Planning commission (as stated on the memo) or by staff. Ms. Engledinger stated that the memo was written by Director Goeckritz and Attorney Shields. Andy Snegirev, 34095 S. Hwy. 213, Molalla, stated that he has been working with the Planning and Building Departments to design an apartment complex that would fit into the available area and still make it financially feasible to build the structure and recoup on his investment. He stated that he was led to believe that, following the Planning Commission decision, the variance would be allowed, therefore, he had proceeded to remove the old existing structure in preparation of starting the new complex as soon as possible. He stated that the City will also benefit through the allowance of a 5- unit complex in that they will receive additional property taxes, new construction fees, and a building improvement within the neighborhood. He also stated that he was unaware of the process as it relates to final approval and that he would not have removed the existing building if he would have known that the action taken by the Planning Commission was not final. Josephine Lamore, 806 First st., spoke as a translator for Maria Lada, homeowner at 799 N. Front street. Mrs. Lada stated that she has a problem with apartments being built at 749 N. Front Street due to her past experience with the types of individuals who lived in the large house before it was removed. She stated that she has lived at 799 N. Front st. for 13 years and having the apartment complex will again mean more gangs, drugs, violence, loud music, and sexual acts being done outside of the building. She has several children and she does not want to expose her children to this type of activity again. Ms. Lamore also stated that she lives in the area of this proposed complex and other children have found syringes on or near the property. Additionally, Mrs. Lada stated that, in the past, her husband was physically threatened by tenants of the complex, a shooting occurred at the complex, and a drunk driver who was a tenant at the complex hit their house with his vehicle. Councilor Jennings expressed his sympathy for Mrs. Lada and the problems she has had to experience over the years, however, he reiterated that the property is zoned for RM and a 4-plex will be allowed under the current zoning. The Council is only reviewing the variance request which would allow for a 5-plex rather than the allowable 4-plex. Councilor Jennings also stated that he needs to declare an ex-parte contact on Page 3 - Council Meeting Minutes, February 12, 1996 .r.-------.-.~ -.- 11' . , TAPE READING 0992 1131 1270 ..... COUNCIL MEETING MINUTES February 12, 1996 this matter since Planning commission member Terry will had called him after the meeting for the purpose of sharing some evidence with him. Rather than discussing the information over the telephone, Commissioner will wrote a letter to Councilor Jennings. This letter was intercepted by Administrator Childs and given to the City Attorney. He stated that he has not seen or read the letter, however, he did have verbal contact with the commissioner will. Marilyn Whitehead, 729 N. Front, stated that there has been property line dispute on the north boundary of her property which is adjacent to the applicant's property. She stated that her attorney had written a letter to the City, however, for some unknown reason, the letter was never entered into the record. She stated that the fence has been there for over 13 years and the applicant has created an expense for her because of the line dispute. She stated that she and the applicant had come to some type of an agreement but it was her impression that the unit would be a 4-plex. She did not object to the construction of a 4-plex but she did object to moving a fence that she could not afford to move which has existed at that location for over 13 years. It was noted that the dispute involves 8" or 9" on the back portion of the property and up to 18" on the front portion. She will contact her attorney to have a copy of the letter that should have been included as part of the exhibits on the Planning commission hearing sent to the Council. Andy Snegirev briefly reviewed his letter from her attorney outlining the proposed agreement. He has advised her attorney that he will not be making a decision on the proposed agreement until after this hearing. Additionally, he advocated the allowance of the variance since the actual space necessary to construct the 5th unit is minimal and having a new complex at that site will enhance the neighborhood. Attorney Shields informed the Council that they need to decide if they want to continue the public hearing in order to obtain the letter from Attorney Engle. Mayor Kirksey felt that the letter would not be a relevant issue on the number of units since the property owner has already counted that portion of the land as part of the formula and the fence issue is between the property owners. Since there were no objections from the Council, Mayor Kirksey declared the public hearing closed at 7:43 p.m.. Mayor Kirksey expressed her opinion that variances do have an impact on the neighborhood since it creates more density and potentially more problems. She suggested that variances not be allowed and that the Council be consistent in not granting variances. Page 4 - Council Meeting Minutes, February 12, 1996 -r ". _.H..' ----, -"-"--.-".-'-'.-" m 1 1 - COUNCIL MEETING MINUTES February 12, 1996 TAPE READING councilor Pugh agreed with the Mayor's comments adding that a lot of hard work was done by the Planning Commission and the City several years ago and feels that we are deteriorating the city when those basic standards are being ignored. He stated that he does understand the economic consequences of having 4 units rather than 5 but does not feel that there is a logical reason for changing the basic rule and granting the waiver. Councilor Figley expressed her opinion that the variance is sensible. She expressed her appreciation to the applicant for tearing down the building, however, she felt that he should not have presumed that the approval was final until after the complete planning process had been exhausted. councilor Jennings stated that he is concerned with the Council setting a precedent in telling one developer that they can get a variance for a certain amount of land whereas other developers may be treated differently. He stated that he would make his decision on the variance at the time of the final vote. Councilor Hagenauer stated that he did not feel that the variance should be granted and the Council should be consistent in not granting variances. Councilor sifuentez stated that she understood the economic issue being addressed by the applicant, however, she also is concerned about the families living in the surrounding area and adding one more unit only increases the density and potential problems in that neighborhood. Councilor Chadwick agreed with Councilor Figley and stated that the type of people living at those units will determine to what extent, if any, problems will exist in that neighborhood and rather than the number of units. 1449 JENNINGS/PUGH.... staff be requested to bring back findings that the variance is denied and the site plan is approved for a 4-plex. After a brief discussion on the motion, roll call vote was taken. The vote was 3-3 with Councilors Figley, Jennings, and Chadwick voting nay. Mayor Kirksey voted aye to break the tie and pass the motion. Page 5 - Council Meeting Minutes, February 12, 1996 'r- -- _..._~,.-.- --." -------.~.---.-._----____.___ TAPE READING 1590 1638 1664 1695 - COUNCIL MEETXNG MXNUTES February 12, 1996 COUNCXL BXLL 1689 - ORDXNANCE READOPTXNG THE PROVXSXONS OF ORDXNANCE NO. 1934 (TELEPHONE FRANCHXSE ORDXNANCEI UNTXL A NEW FRANCHXSE XS APPROVED. Council Bill 1689 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 1689 duly passed with the emergency clause. COUNCXL BXLL 1690 - RESOLUTXON DXRECTXNG THAT A STOP SXGN BE XNSTALLED ON PATRXCK WAY AT THE INTERSECTXON OF HXGHWAY 99E, Councilor Hagenauer introduced Council Bill 1690. 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 1690 duly passed. COUNCXL BXLL 1691 - RESOLUTXON AUTHORXZXNG AN AGREEMENT WITH THE STATE FOR A "1995-96 COMMUNXTY TRANSPORTATXON GRANT CAPXTAL ASSXSTANCE AGREEMENT". Council Bill 1691 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 1691 passed unanimously. The Mayor declared the bill duly passed. LXOUOR LXCENSE RENEWALS FOR 1996. In a memo from Police Chief Wright, he recommended that the following liquor license applications be renewed for 1996: Packaae stores: AM/PM Mini Mart, Bi-Mart, Crossroads Deli, Gary's Market, Highway 99 Market, Lind's Plaza Market, OLCC store #60, Piper's Jewelry, Roth's IGA, Safeway store, Salvadore's Bakery, Shop N Kart, 7-11 Store, Westview Texaco, Woodburn Chevron, Young street Market, and Pay less Class "B" DisDensers: Eagle's Lodge, Woodburn Elks Retail Malt Beveraae: Abby's Pizza Inn, Izzy's Pizza, Heide's Cafe, Senior Estates Country Club, Woodburn Lanes, Pizza Hut, La Unica, El Nopal, Corner Sports Pub, Members Club Inc. Class "A" DisDensers: The Pier, Yun Wah Chinese Restaurant, Chu's Eatery, Playa de Oro, Chung Sing Restaurant JENNINGS/FIGLEY... recommend to OLCC that the liquor licenses for 1996 be renewed per the memorandum from Chief Wright. The motion passed unanimously. The Chief's memo also recommended that non-renewal recommendations be forwarded to OLCC for the following establishments: La Linda's, 293 N. Front st., and The Raven Inn, 292 N. Pacific Highway. Since a non-renewal recommendation requires a public hearing, Chief Wright suggested that a hearing be scheduled for February 26, 1996. Page 6 - Council Meeting Minutes, February 12, 1996 r "~',,-.__._-,..,.,----",."----~..., ,~, ----'--'-- .-".-, - -'""""---~'~ - - TAPE READING 1755 1786 1821 - COUNCIL MEETING MINUTES February 12, 1996 JENNINGS/FIGLEy.... a public hearing be scheduled for the next regular meeting to be held on February 26, 1996, 7:00 p.m., for the purpose of considering the 1996 liquor license renewals for La Linda's and The Raven Inn. The motion passed unanimously. BID AWARD - POLICE VEHICLE STORAGE BUILDING. The City had advertised for bids and specifications were sent to 7 contractors of which only one contractor submitted a formal bid. Following a review of the bid, the staff recommended that Parker Building be awarded the bid which would add additional storage space onto an existing wastewater building to store vehicles required to be retained for criminal evidence. JENNINGS/FIGLEy.... the bid from Parker Building in the amount of $11,035.00 be accepted. The motion passed unanimously. BID AWARD - VIBRATORY ROLLER (STREET FUNDI. Bids were received from the following vendors for a self- propelled vibratory roller which is used to compact a base coat: Sahlberg Equipment, Inc. (model DynaPac CC102), $24,930.00; Sahlberg Equipment, Inc. (model DynaPac CCI22), $25,500.00; Clyde/West Inc. (model Bomag BW100), $25,808.00; Ingersol-Rand Sales Inc. (model Ingersol-Rand BD22), $26,750.00; Halton Company (model Cat CB224), $27,285.00; and Western Power & Equipment (model Hamm HDI2), $29,750.00. JENNINGS/PUGH... bid #96-11 for self-propelled vibratory roller be awarded Sahlberg Equipment in the amount of $24,930.00. The motion passed unanimously. MANAGEMENT AND NON-UNION COMPENSATION STUDY. A memo from Administrator Childs outlined the process followed in soliciting proposals from various Oregon-based personnel consulting firms and in the evaluation of the proposals to determine which firm should be selected to conduct the study. The staff requested authorization to negotiate a agreement with PC Northwest to perform the study at a total cost not to exceed $13,000. JENNINGS/FIGLEY... authorize staff to negotiate a professional services agreement with PC Northwest to conduct a total compensation study of City management and non-union personnel classifications at a total cost not to exceed $13,000. Councilor Figley stated that she was a member of the interview committee and she is in agreement with staff on the selection of this consultant who is highly skilled in communications and has a very good background in this type of work within the public and private sector. The motion passed unanimously. Page 7 - Council Meeting Minutes, February 12, 1996 'T'~". TAPE READING 1884 1917 2225 ..... COUNCIL MBBTING MINUTBS February 12, 1996 CLAIMS FOR THB MONTH OF JANUARY 1996. SIFUENTEZ/PUGH.... approve claims #30169 - 30553 for the month of January 1996. The motion passed unanimously. STAFF RBPORTS. 1) Final Audit Report for Fiscal Year 1994-95 -- In a memo from Finance Director Gillespie, he informed the Council that the final audit report has been filed with the Secretary of State and copies of the report are available in the Finance Office for review. Councilor Pugh requested that each Councilor be given a copy of the audit report. During a brief discussion on the distribution of the audit report, several Councilors stated that they were not interested in receiving the document provided that they could review it upon request. At the conclusion of the discussion, Councilors Pugh and Figley requested copies of the audit report. 2) Annual City-Wide Cleanup Weekend -- As in the past, United Disposal will be offering a free city-wide cleanup weekend on March 23 and 24, 1996. Only yard debris will be accepted and drop boxes will be placed at several locations throughout the city. 3) Building Activity Report for January 1996 4) "How to Control Your Sewer Bill" Brochure -- Director Tiwari unveiled the artist's display of the newest brochure which will be sent out to all water/sewer customers. The graphic display will provide cost information on a variety of common uses of water which directly affect the customer's sewer bill. The reverse side of the brochure will answer the most common questions asked by customers in both English and Spanish. Director Tiwari reminded the public that the sewer charge will remain the same for a 12-month period beginning with the March 1996 bills. It was noted that the funds now being collected under the new sewer charges provide necessary revenues to continue existing wastewater operations and to be used for future improvements and expansion of the treatment plant facility. CITY ADMINISTRATOR'S REPORT. Administrator Childs provided the Council with specific information for residents who suffered property loss from the flood. Residents need to call Marion County to report any flood damage. The Marion County Disposal site will be accepting items damaged from the flood free of charge through February 18th and United Disposal Service will be lowering their drop box rental rates during this time period for Page 8 - Council Meeting Minutes, February 12, 1996 r . . , -. - COUNCIL MEETING MINUTES February 12, 1996 TAPE READING customers who would like to have a box delivered to their business or residence in lieu of taking the flood damaged items directly to the disposal site. Applications for financial assistance are being taken by the Federal Emergency Management Administration (FEMA) and a toll-free telephone number was provided to the pUblic. 2403 MAYOR AND COUNCIL REPORTS. Councilor Pugh stated that Woodburn was very fortunate compared to other areas of the state. He also expressed his appreciation to the County regarding their minimum requirements for the bridge which was constructed in Senecal Estates. More loss of property would have been experienced by the residents along Senecal Creek had the bridge been any smaller. He also suggested that the staff look at the wetlands area to insure that the creek is draining properly. Councilor Figley also expressed appreciation to the present and past staff whose foresight and advanced planning kept the flood damage to a minimum within the City versus other areas of the State. She also thanked those volunteers who assisted with the sandbags and commented particularly on the number of young people that helped with this project. She also encouraged our citizens to help others who did suffer flood damage. Councilor Jennings complimented Finance Director Gillespie on changes that he has made in his department. He also informed the Council that the City Attorney is reviewing changes to Ordinance 1971 which adopted Council by-laws. Councilor Jennings briefly discussed the rights and duty of the Council to bring up issues that have been before the Planning Commission. He feels that the Council should consider a workshop with the Commission to discuss this issue to assure the Commission that the Council is only doing their duty. He reiterated that, in his opinion, the City has the best Planning Commission in the State. Councilor Hagenauer stated expressed his appreciation to the volunteers, staff, and postal employees who bagged and distributed sand to local residents last week. 2836 Councilor Sifuentez invited the Mayor and Council to be her VIP's at a luncheon at MacLaren on Friday, February 23rd, at 12:00 noon. The cost for the lunch is $4.00 and all of the money collected will go to the local food bank. Following the luncheon, there will be a tour of the MacLaren facility. Page 9 - Council Meeting Minutes, February 12, 1996 .,.- ., "--'~'~-"_'~--_'~---_._..._.,~~.-.' "" COUNCIL MEETING MINUTES February 12, 1996 TAPE READING Councilor Chadwick agreed with the statements made by the other Councilors that the City was spared from much flood damage and the volunteer help was very much appreciated. Mayor Kirksey stated that she had driven around town on Thursday to survey the flood damage. In her opinion, one of the reasons for Woodburn's minimal flood damage is due to the last 21 years of leadership under Public Works Director Tiwari. His foresight in requiring detention ponds within subdivisions prevented mass flooding and our well-developed storm drain system took most of the water away from most areas of the community. She stated that Woodburn is not a place in which shortcuts will be allowed. 3006 EXECUTIVE SESSION. JENNINGS/FIGLEY... adjourn to executive session under the authority of ORS 192.660(1) (e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. The motion passed unanimously. The meeting adjourned to executive session at 8:27 p.m. and reconvened at 10:09 p.m.. Councilor Jennings questioned the status of the sound system. Administrator Childs stated that the sound system has been ordered but a portion of the system is on back order. 3073 FIGLEy/JENNINGS.... staff be authorized to finalize a lease/purchase document for future presentation to the City Council for the purchase of property located at 121 Broadway subject to written consent of Southern Pacific regarding the assignment of an existing lease which must be approved by Southern Pacific and subject to an acceptable environmental assessment report. Tape 2 The motion passed unanimously. 0028 ADJOURNMENT. JENNINGS/FIGLEY... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:11 p.m.. APPROVED'}I;.-?"'.II~i; ~...~. NANCY A.. IRK'S Y, MAYOR , ATTEST () 1 ~ T~~,'-v---C, Mary Te nant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, February 12, 1996 l- 11" I l'