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Minutes - 09/11/1995 TAPE READING 0001 0003 0013 0022 0045 0062 l' COUNCIL MEETING MINUTES September 11, 1995 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 11, 1995. 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 (7:12 pm) Present Present Present Present Staff Present: City Administrator Childs, city Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Finance Director Gillespie, Police Chief Wright, Library Director Sprauer, Park Director Holly, Public Works Manager Rohman, City Recorder Tennant MINUTES. JENNINGS/SIFUENTEZ... approve the council meeting minutes of August 28, 1995; accept the Planning Commission minutes of August 17 and 24, 1995 (special and regular meeting minutes) and the Library Board minutes of August 30, 1995. Councilor Pugh requested that his memo clarifying his objections to council Bill 1664 (tape reading #0766) be attached to the Council minutes. The motion passed unanimously (Councilor Figley not in attendance at the time of the vote). ANNOUNCEMENTS. A) Community Development Director Goeckritz advised the Council that the public hearing on the Transportation Plan has been rescheduled to Monday, October 9, 1995, 7:00 p.m., in the city Hall Council Chambers. B) Ballots for the September 19th Special Election can be dropped off at city Hall during normal business hours and up until 8:00 p.m. on September 19th. PROCLAMATION - CONSTITUTION WEEK. SEPTEMBER 17 - 23. 1995. Mayor Kirksey read the proclamation designating the week of september 17-23, 1995 as constitution Week within the City in commemoration of the 208th anniversary of the signing of the united States constitution. Page 1 - council Meeting Minutes, September 11, 1995 > .."._. ....___..._"d.-....''. '._U'_ ~_,__,,__,~_,,'_O<'''''~ _.-",.._-~~-'-",'- ,. . -,--,. TAPE READING 0119 0166 0219 l' COUNCIL MEETING MINUTES september 11, 1995 CHAMBER OF COMMERCE REPORT. Donna Hendricks, Chamber President, reminded the council of the following upcoming Chamber activities: 1) Business Showcase, September 14th, Woodburn Armory, between 3:00 pm and 7:00 pm.; 2) Greeter's program, September 20th, 8:00 am, at Silver Creek Care center; and 3) Chamber Forum, September 20th, 12:00 noon, at Yum Wah's Restaurant. This month's program will be presented by representatives from the Bureau of Labor. PUBLIC BEARING ON OREGON LIOUOR CONTROL COMMISSION (OLCC) APPLICATION - LA MICHOACANA RESTAURANT. 450 N. FIRST ST. Mayor Kirksey declared the public hearing open at 7:08 p.m.. Chief Wright stated that Guadalupe Pena, applicant, did not receive the hearing packet on the staff reports, therefore, she has requested an extension of the hearing to september 25, 1995. Chief wright also recommended that the hearing be extended since the information was not submitted in a timely manner. Councilor Jennings stated that he would like to be in attendance when the hearing is held, however, he will not present at the September 25th meeting. He suggested that the hearing be held on October 9th. Since there were no objections, JENNINGS/HAGENAUER.... hearing be continued until October 9, 1995, 7:00 p.m.. The motion passed unanimously. PUBLIC HEARING - ANNEXATION #95-02 AND ZONE MAP AMENDMENT #95- 03 (ADDlicant - Jerrv , Nancv Osterqaard). The Mayor declared the public hearing open at 7:09 p.m.. Recorder Tennant read the required land use statement into the record. Director Goeckritz submitted the following exhibits into the record: 1) Staff Report; and 2) Applicant's statement which includes explanations to his application and various maps/legal data to make it a full record. The application consists of the annexation of approximately 5.71 acres of land located west of S. Boones Ferry Road and an amendment to the zone map from County Urban Transition Farm to city single-family Residential. The property is within the Urban Growth Boundary and contiguous to the existing city limits. The current proposal is for a Planned Unit Development, however, the Planning commission has not taken any action on the subdivision or variance proposal since the developer has agreed to look at design alternatives. The Commission is recommending that the Council approve the annexation and RS zone map amendment request and, at a later date, the Commission will review design alternatives to determine which design will best fit the area. Page 2 - Council Meeting Minutes, September 11, 1995 T- "-..--""-..-""----.".... 1f , IT TAPE READING 0823 "i' COUNCIL MEETING MINUTES september 11, 1995 Richard Siewert, agent for the ostergaard's, stated that the is landlocked with the railroad tracks on the east side of the property and the school property is on the west side. This parcel of land is too small for farming purposes, therefore, the applicant would like to have the property annexed to the City for a future subdivision. It was noted that Elana Drive currently stops at the ostergaard property line and infrastructure is available. The applicant has been working with LCDC's design department on a preliminary design, however, a final design has not been prepared. Once the applicant has decided on a final design, they will be required to go through the Planning commission process for site plan review and subdivision approval. In regards to the property's close proximity to the railroad tracks, it was noted that there is currently dense vegetation between the two parcels of land along with a barbed wire fence. Additionally, the applicant is proposing the dedication of land sufficient for a bikepath/pedestrian walkway to the school property. No one in the audience spoke in opposition to the proposed annexation and zone map amendment. The Mayor declared the public hearing closed at 7:27 p.m.. Councilor Pugh stated that he would like to have the Council make a recommendation back to the Planning commission that a chain link fence along the railroad be required as part of a sUbdivision/site plan approval. Following a brief discussion on the fence issue, JENNINGS/FIGLEy.... accept the findings of the Planning commission and direct staff to prepare ordinance with findings of approval. The motion passed unanimously. PUBLIC HEARING - ANNEXATION #95-03 AND ZONE MAP AMENDMENT #95- 04 IADDlicant - Don Comstockl. Mayor Kirksey declared the public hearing open at 7:29 p.m.. Councilor Jennings stated that he had made a site visit that day with a staff member. Recorder Tennant read the land use statement required by ORS 197.763. Director Goeckritz entered into the record the following exhibits: 1) Staff report, 2) Applicant's Report and Application, 3) Exhibits of maps and diagrams of the area that were evaluated during the processing of this application, and 4) Letters from proponents and opponents of this development proposal. The property encompasses approximately 14 acres south of Brown Street and east of Warren Way. He stated that the developer's original proposal before the Planning commission was to develop the property into a Mobile Home Park which would require a zone map change to RM with a Conditional Use for a Mobile Home Park. The Planning commission held a public hearing on July 13, 1995 regarding this application and following the close of the hearing, the commission moved to have findings of denial prepared by staff. Subsequently, the Page 3 - Council Meeting Minutes, September 11, 1995 ..- -'-'-'" ----^..__..,."_...~_._....__.. ._..-.~~-~_." 11' I T ......,.. , COUNCIL MEETING MINUTES september 11, 1995 TAPE READING applicant submitted a letter to the city requesting withdrawal of the application for a Comprehensive Plan Map amendment to RM and the Conditional Use request for a Mobile Home Park. The commission reviewed this information at their July 27th meeting and recommended council approval of the annexation with an residential single-family (RS) zone change. The applicant has submitted a development proposal for this parcel and the staff is in the process of preparing a staff report on the subdivision proposal. This proposal will then be submitted to the Planning Commission for their review and approval at a later date. He also reviewed the required improvements to Brown street and the improvements to the storm drain system which will be taken care of by all three property owners in this area prior to the development of this property and Steklov Subdivision. Councilor Jennings stated that he went to this location today for a site visit because of his concerns surrounding the storm drainage system. Director Goeckritz assured the Council that storm drain improvements will be made so that it does not cause additional water flow and/or ponding on surrounding properties. He reminded the Council that the issue before them only involves the annexation of property and a residential single-family zone map amendment. 1295 Don Comstock, applicant and owner of Summit Properties Development, stated that the three property owners involved in the storm drain issue have the basics of an agreement laid out but the details need to be finalized. No additional testimony was submitted from either proponents or opponents. Mayor Kirksey declared the public hearing closed at 7:44 p.m.. councilor Jennings stated that he had visited the site today with Director Goeckritz since his concerns dealt with the road and storm drain improvements. The staff has assured him that the developers will be paying for all of the improvement costs and property owners who live on the east side of Brown Street will not have to pay towards these improvements. JENNINGS/FIGLEy.... annexation be approved, a lot line adjustment be made, and the property be zoned Single-Family residential which does not become a Mobile Home Park. On roll call vote, the motion passed unanimously. 1460 PUBLIC HEARING - ANNEXATION #95-04 AND ZONE MAP AMENDMENT #94- 06 IADDlicant Nancv Bacchi and Fave Zimmerle Mayor Kirksey declared the public hearing open at 7:48 p.m.. Recorder Tennant read the land use statement required by ORS 197.763. Page 4 - council Meeting Minutes, September 11, 1995 ~ .. f TAPE READING 1751 1857 1912 ._''', ! COUNCIL MEETING MINUTES September 11, 1995 Councilor Jennings stated that he had made an on-site visit to this parcel of land prior to the hearing. Director Goeckritz entered into the record the following exhibits: 1) Staff report, and 2) the Applicant's application. He stated that the Planning commission had reviewed the application at their July 27, 1995 meeting and subsequently recommended approval of the application. The proposed annexation involves approximately 1.8 acres of land (tax lot #1400) into tax lot #1300 which would then be conveyed to Pete Cam. This property will then be used by Mr. Cam as part of a later phase of his development of stick-built homes. The property proposed to be annexed lies adjacent to the existing city limits. Director Goeckritz also complimented the applicants on the thoroughness of their application. Nancy Bocchi, co-owner of the property, stated that they became involved when Pete Cam (Steklov Subdivision) contacted them regarding the sale of this small parcel of land so that he could make the necessary street improvements on Parr Street and Brown Street. A portion of the land could also be used for storm water detention or additional lots. She also stated that she and Ms. Zimmer have donated a small portion of the land for road purposes in order to allow Mr. Cam to complete Parr Street. They also feel that the most effective use of this property is to incorporate it into a larger addition rather than isolating this small parcel. No additional testimony was submitted by either proponents or opponents. Mayor Kirksey declared the hearing closed at 7:59 p.m.. Councilor Jennings stated that he had visited this site since he had the same concerns as those relating to Annexation #95- 03 and comments made during that hearing would apply to this hearing. All of his questions regarding drainage and road improvements were answered by staff satisfactorily. JENNINGS/PUGH.... approve the annexation and zone map amendment with the conditions set forth by the Planning commission and direct staff to prepare findings to substantiate the approval. On roll call vote, the motion passed unanimously. The Mayor recessed the meeting at 8:00 p.m. and reconvened the meeting at 8:08 p.m.. COUNCIL BILL 1666 - ORDINANCE APPROVING NEW WASTEWATER SERVICE RATES TO BECOME EFFECTIVE NOVEMBER 1. 1995. Council Bill 1666 was introduced by Councilor Hagenauer. Administrator Childs stated that page 2 of the memo from the Public Works Director may have been left out of the packet, therefore, the memo was re-printed and distributed just prior Page 5 - Council Meeting Minutes, September 11, 1995 TAPE READING 2099 2219 2249 'i' i COUNCIL MEETING MINUTES September 11, 1995 to the meeting. The Councilors took a few minutes to read the memo prior to the reading of the bill. 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 1666 duly passed. COUNCIL BILL 1667 - RESOLUTION ESTABLISHING A NEW SCHEDULE FOR WASTEWATER SYSTEM DEVELOPMENT CHARGES AND AMENDING RESOLUTION 1079. councilor Hagenauer introduced Council Bill 1667. The bill was read by title only since there were no objections from the Council. Councilor Jennings questioned if this is the same system development charge (SDC) that has been steadily increasing over the last several years. Director Tiwari stated that this Council Bill only relates to increasing the system development charges for wastewater. In 1992, the methodology was established and SDC charges established for wastewater, water, and parks. For single family residential homes, the wastewater SDC has increased by approximately $500 each year since 1992, however, the proposed increase for 1996 is $145. On roll call vote for final passage, council Bill 1667 passed unanimously. Mayor Kirksey declared the bill duly passed. COUNCIL BILL 1668 - RESOLUTION AUTHORIZING PAYMENT TO CH2M HILL FOR ADDITIONAL WORK PERFORMED ON WASTEWATER FACILITIES PLAN. Council Bill 1668 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, the bill passed unanimously. Mayor Kirksey declared council Bill 1668 duly passed. COUNCIL BILL 1669 - RESOLUTION ACKNOWLEDGING THE ABATEMENT OF THE PUBLIC NUISANCE AT 199 N. FRONT STREET AND REPEALING RESOLUTION NO. 1220 (OLD BANK BUILDINGI. Council Bill 1669 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Jennings commended Nora Fives and her brother for their willingness to rehabilitate the structure. Mayor Kirksey also expressed her appreciation to the property owners for their restoration of the building. On roll call vote for final passage, Council Bill 1669 passed unanimously. Mayor Kirksey declared the bill duly passed. Page 6 - council Meeting Minutes, September 11, 1995 - l' - TAPE READING 2341 2362 2371 2402 "'1'- i COUNCIL MEETING MINUTES September 11, 1995 CONTRACT AWARD - LIBRARY HVAC RETROFIT PROJECT. Bids were received from the following contractors for the removal and replacement of two vane axial fans in the heating, ventilation, and air-conditioning system along with associated duct work, and for the acoustical upgrade of the furnace room's entry door and return air duct: General Sheet Metal Works, Inc., $28,307.00; C.J.Hansen Company, Inc., $43,816; Riehl Industries, $46,583; and Roth's Heating, $72,825. The staff recommended the acceptance of the low bid from General Sheet Metal Works, Inc., which was well below the engineer's estimate of $52,000. JENNINGS/FIGLEY... accept the low bid from General Sheet Metal Works, Inc., in the amount of $28,307.00 for the Library HVAC project. The motion passed unanimously. SOUND AMPLIFICATION REOUEST - SALUD MEDICAL CLINIC HEALTH FAIR. Staff recommended the approval of a request from Los Amigos de Woodburn and Salud Medical Center to use sound amplification equipment at Library Park on September 16, 1995, from 11:00 am to 5:00 pm. The purpose of the event is to celebrate "EI Grito" (official independence day of Mexico) and to hold a Health Fair. JENNINGS/SIFUENTEZ... request for a sound amplification permit by Los Amigos de Woodburn and Salud Medical Center be approved. The motion passed unanimously. CLAIMS FOR THE MONTH OF AUGUST 1995. SIFUENTEZ/FIGLEY... approve voucher checks #28376 - 28743 issued for the month of August 1995. The motion passed unanimously. STAFF REPORTS. A) Building Activity Report for August 1995 B) Childrens' Services Grant Application - The Library staff has submitted a grant application to the Oregon State Library for the purpose of further developing the computer area for youth in our Library. Last year, the city received a grant award in the amount of $1,551 from this source and the Library has budgeted $1,600.00 in anticipation of receiving this grant during fiscal year 1995-96. C) Development Fact Sheet -- Statistical information will be included in the next agenda packet. D) Director Tiwari informed the Council that the recently approved wastewater ordinance and resolution leads to the implementation of policies as recommended by the Wastewater Advisory Committee. A Council workshop with the Wastewater Page 7 - Council Meeting Minutes, September 11, 1995 -_..._--,~._-_.,_._- -_...,-._--",--," ~ . f l' , COUNCIL MEETING MINUTES September 11, 1995 TAPE READING Advisory Committee will be held by mid-October to answer questions and review action taken to date. The Committee is also considering the distribution of a pamphlet to its wastewater customers since residential rates will be changing as of November 1, 1995. He emphasized that the wastewater rate will remain as a flat rate for a 12-month period, however, the wastewater rate for each household will be based on an average 4-month water use during the winter months. 2606 E) Update on Aquatic Center -- Park Director Holly advised the Council that an open House has been tentatively scheduled for October 8th with the first swim night (invitation only) starting october 9th. Special event nights for each school will begin around October 10th and ending with a Grand Opening around October 20th. He assured the Council that the facility will be a wonderful addition to the City and the public will be surprised as to the what they got for their tax dollars. It was also noted that there will be 150 more bricks offered for sale at $75 each. The bricks are being sold at a higher price since it now costs more to have them fired. 2742 Administrator Childs reminded the Council that the annexation hearings only involved annexation of land and zone changes from a County to City zone designation. He stated that these annexations will help to square up the city limits and, in suggesting additional annexations, it is up to the property owners and developers rather than the taxpayers to insure that the proper infrastructure and street improvements are provided to the areas annexed. In regards to the system Development Charges (SDC) , he commended the staff and Council in implementing SDC charges a few years ago to a level which has resulted in this year's modest increase of $145. Lastly, he referred to the Library HVAC project in which the bid was well below the $52,000 engineer's estimate. He reminded the Council that this bid did provide us with a substantial savings over what was budgeted, however, not all bids provide the City with this type of savings. 2910 Councilor Jennings stated that he had graduated from Woodburn High 50 years ago and last weekend, as part of the class reunion activities, they received a tour of the new aquatics facility. Members of his class were impressed with the center which seems to be a state of the art facility. There will be 150 more bricks to be sold some of which will be purchased by his classmates. They were impressed by the spacious locker rooms, office space, sauna, exercise programs to be offered, and by the size of the pool. Even though the pool is not olympic size, it is the proper size for swim meets. Page 8 - Council Meeting Minutes, September 11, 1995 ,,--~'--"--""'--"---"' ~ . f TAPE READING Tape 2 0262 ", COUNCIL MEETING MINUTES September 11, 1995 Additionally, the parking area will be extended to the east and south of the facility. councilor Jennings stated that he was still disturbed by the City's annexation policies and he referred to one of the annexations approved by the Council at this meeting. In this particular annexation case (#95-03), part of the property is contiguous to the city limits while another portion of the property is not contiguous. He feels that future annexations should be looked at very closely since he does not feel that property should be annexed in this manner. Additionally, he objected to providing city services to property owners who are outside of the city limits. Councilor sifuentez reminded the public that there are numerous part-time positions open at the new aquatic center especially for lifeguards. Training will be available and she encouraged qualified youths to contact the Parks Department for information on employment opportunities. councilor Chadwick stated that she was looking forward to the opening of the new pool which will provide both recreational programs and part-time job opportunities. She also informed the Council that her son was involved in an ATV accident over the weekend and sustained multiple injuries. He has been in the Emmanuel Hospital trauma ward and is very lucky to be alive. Mayor Kirksey stated that she had just returned from San Antonio, Texas, and she is glad to be back in Woodburn. She does have a new grandson who, along with his mother, is doing just fine. She also reminded the Councilors that she is in need of names for appointment to the Human Rights Commission. She also questioned the Councilors as to whether or not residents within the School District should be considered as potential appointees to this commission. It was the consensus of the Council that only residents of Woodburn should be appointed to the commission. EXECUTIVE SESSION. JENNINGS/PUGH... adjourn to executive session under the authority of: 1) ORS 192.660(1) (h) 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; and 2) ORS 192.660(1) (e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. The motion passed unanimously. Page 9 - Council Meeting Minutes, September 11, 1995 __._......_...__ __"__"___'.'__~.'___"'._____~".'_~" ._'o'_._._.____._ ~ . l' COUNCIL MEETING MINUTES September 11, 1995 TAPE READING The Council adjourned to executive session at 8:47 p.m. and reconvened at 9:48 p.m.. 0278 Following the executive session, JENNINGS/PUGH... city staff be instructed to proceed with the closure of the property just south of City Hall which involves the donation from Mendenhall and the purchase of 1/2 interest from the Sawtelle Trust. The motion passed unanimously. 0294 ADJOURNMENT. JENNINGS/FIGLEy.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:50 p.m.. APPROVED~t2~ NANCY A. IRK Y, MAYO ATTEST fJl ~ Mary ~nt, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, September 11, 1995 11"-- -,_.~~..,_.'-,,,.._" """-.-.-..-- ~ .