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Minutes - 08/14/1995 TAPE READING 0001 0003 0013 0025 0032 0051 '", " COUNCIL MEETING MINUTES August 14, 1995 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 14, 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 Absent 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, Intern Scott Spence, City Recorder Tennant MINUTES. JENNINGS/PUGH.... approve the regular Council minutes of July 24, 1995; and Commission minutes of July 27, 1995. unanimously. and executive session accept the Planning The motion passed Administrator Childs requested that another staff report be added to the agenda (item 15(C) regarding the city's input into the statewide Transportation Improvement Program. ANNOUNCEMENTS. Mayor Kirksey advised the Council that Larry Watson will be moving to Salem, therefore, he will be resigning from the Park Board. citizens interested in serving on the Park Board are urged to submit an application to the Administrator's office. The Oregon Department of Transportation (ODOT) Statewide Transportation Plan hearing will be held at the Salem Public Library on Tuesday, August 15th, between 4:30 pm and 7:30 pm. A van will be leaving from City Hall at 4:00 pm to take interested officials, businessmen, and citizens to the hearing. The Cable TV Advisory Board will hold a public hearing on the North Willamette Telecom application on Wednesday, August 23, 1995, 7:00 p.m., in the City Hall Council Chambers. Page 1 - Council Meeting Minutes, August 14, 1995 -.,.. - TAPE READING 0091 0160 0312 COUNCXL MEETXNG MXNUTES August 14, 1995 A public hearing on a proposed 1995-96 Supplemental Budget will be held before the City council on Monday, August 28, 1995, 7:00 p.m., in the city Hall Council Chambers. CHAMBER OF COMMERCE REPORT. Joann Beck, representing the Chamber of Commerce, advised the Council of the following scheduled events: 1) "Chamber at the Drags" will be held on Wednesday, August 16th, 5:00 p.m.. Admission price is $5.00 which includes food, beverage, and an opportunity to drive a high-performance car. 2) The next Greeter's program will be held on Friday, August 25th, 8:00 a.m., at the Holiday Inn Express. This program provides the business community with an opportunity to meet their business neighbors and welcome new businesses into the community. She also advised the Council that, during the last legislative session, the Chamber of Commerce had supported the light rail project. Barbara Lucas inquired as to when the Council would be taking some action on increasing sewer rates so that she would be able to get the information out to the pUblic. She also questioned if there had been a selection of an engineering consultant to do the design phase of the new treatment plant facility. Public Works Director Tiwari stated that the Council has approved a preliminary wastewater facilities plan which has been submitted to the Department of Environmental Quality (DEQ) for review. There continues to be interaction between staff members of the City and DEQ since the submittal of the plan. The staff is working on formulating rates that would be applicable in November, however, there are several complications involved with the change from flat rate to an average for winter rate. In regards to the consultant issue, there has been some discussion on this issue among staff, DEQ staff, and the consultants on the Facilities Plan. Staff is also beginning to evaluate the merits of preparing a Request for Proposal which may be more desirable from the community's perspective, however, there will be added costs and delays that need to be considered before a final decision is made on soliciting for proposals. Tom Waggoner, 849 Woodland Ave., expressed his appreciation to the City and Parks Dept. for installing a fence at Burlingham Park. He also suggested that some old power poles or something similar be placed in front of the fence in the parking area in order to provide a barrier between the fence and cars. Page 2 - Council Meeting Minutes, August 14, 1995 ~..._.., - - TAPE READING 0341 0434 COUNCIL MEETING MINUTES August 14, 1995 Mayor Kirksey expressed her thanks to community for their participation in the VJ day activities on Saturday, August 12th. A special thanks was extended to John Dickenson, Barbara Lucas, Colleen Rehm, and the Wilhites who helped organized the event. She also read an excerpt from an article in the News & Views written by Reiko snively who lived in Japan at the time of the bombing. CONTINUATION OP PUBLIC HEARING - SITE PLAN #95-10. LAPOINT TEXACO GAS STATION AND CAR WASH. The Mayor continued the public hearing at 7:17 p.m.. Community Development Director Goeckritz reviewed the staff's response to the letter submitted by the opponent's attorney at the July 24th hearing, summarized as follows: 1) The application did not include specifics on type, color or texture of exterior surfaces, however, it did state that "the design will be based upon the architectural style developed by recent projects". Staff assumption was that it would be the same as all other Texaco stations and the staff report did contain illustrations of what the structure would look like and the type of siding. 2) The Sign Plan originally submitted by the applicant was rejected in part and will be resubmitted for staff review and approval. The approval is an administrative decision provided that they are within the established guidelines of the Sign Ordinance. 3) The Solar Access issue was mentioned in the applicant's staff report that "the buildings have been sited so that it does not cast shadows on any adjacent properties solar access". The Planning staff agreed with the applicant's statement and it was decided that shadow patterns was not an issue since the one-story building would have to cast a shadow over 280 feet prior to casting a solar shadow on an adjacent structure. 4) In regards to the appellant's reference to the Zoning Ordinance section 29.030(a)(1), the City requires development areas to be paved and the staff report so indicates that the applicant must comply with Chapter 10 of the Zoning Ordinance. 5) In regards to Off-Street Loading bays, the staff agrees that this particular section of the Zoning Ordinance is not very clear and subject to various interpretations. He recommended that the Council require the applicant to have a loading bay if the Council decides to approve the application. 6) The Woodburn Zoning Ordinance (chapter 30) designates a service station as a permitted outright use within the commercial general zone. Director Goeckritz stated that, in his opinion, the applicant has submitted adequate information to meet the site plan review process. Additionally, the applicant is willing to meet the conditions imposed by the Planning Commission and Page 3 - Council Meeting Minutes, August 14, 1995 . . -r-' .. -~~..,.__._.~"._---_.,,---,.._.__._._-,~ ._,- TAPE READING 0827 0956 1020 1086 1247 COUNCIL MEETING MINUTES August 14, 1995 that the traffic study is adequate as determined by ODOT and City staff. Dale Crandall, attorney representing the applicant, stated that the applicant is willing to accept a condition that an off-street loading facility be provided even though there will not be a lot of loading/unloading involved at the service station. He also agreed that there is ambiguity within the zoning ordinance on this issue and the applicant is willing to take whatever action is required by Council. He assured the Council that the colors of the structure are the Texaco colors and the structure will not cast shadows that would infringe on an adjacent properties from utilizing solar collectors that would make them ineffective. The proposed business is included in the commercial general zone and the traffic study has been approved by both the City and ODOT. Mayor Kirksey read a letter from George Brice III urging the Council to deny the appeal and allow the applicant to develop the property into a business which is an outright use allowed by the zone code and approved by the Planning commission. Tom Burg, 2211 Country Club Rd., spoke in favor of the proposed development. He stated that the traffic problems will take a long time to solve and development of businesses should not be curtailed if the traffic study meets the approval of the state and city. Vance Croney, Attorney representing Barry Sullivan & Dale Baker (Appellants), submitted another letter for the record in support of the appeallant's continued opposition to the Texaco Gas station and Car Wash site plan. He stated that Mr. Baker's calculations of trips per day (916) were based on 18 hoses even though there may only be 6 pumps. He agreed with Director Goeckritz that there is ambiguity in the Zoning Ordinance, however, he contended that the site plan must be drawn to scale if an off-street loading bay is used, otherwise, the conditional use process must be followed. He also expressed his opinion that the staff's recommendation for conditioning approval of the application on siting off- street loading is not applicable since applying a condition at this time would require a conditional use procedure. Mr. Croney requested that the record be kept open for an additional 7 days in order to allow him time to submit additional material. Attorney Crandall stated that he had nothing more to add during rebuttal. Page 4 - Council Meeting Minutes, August 14, 1995 r I I TAPE READING 1329 1450 1628 COUNCIL MEETING MINUTES August 14, 1995 The Council questioned staff if other gas stations in the area have off-street loading areas. Director Goeckritz stated that he could not recall other stations built in more recent years having the off-street loading areas. The Council discussed with Attorney Shields the options available to the Council regarding the closure of the hearing and keeping the record open for additional testimony. Mayor Kirksey declared the pUblic hearing closed at 7:45 p.m.. Attorney Shields stated that the hearing could be closed for receiving public testimony, however, the request to keep the record open for 7 days is a separate issue. If the record remained open, then all parties can submit additional documents for Council consideration. Councilor Jennings expressed his opinion that the traffic impact relating to this particular development will not be as important since the amount of freeway traffic exiting to Woodburn for fuel will remain about the same. There may be some additional traffic to the gas station from local residents. The property is currently zoned commercial general and the proposed gas station is an outright use for this property. Additionally, he did not advocate keeping the record open as requested by the appellant's attorney. Councilor Pugh agreed with Councilor Jennings in that the gas station is a permitted use in the commercial general zone and the City has a responsibility to live within the boundaries set by the zoning ordinance. In his opinion, the traffic impact is an unknown issue, however, changes to the traffic flow on Lawson st. need to be addressed in order to divert traffic to Evergreen Road. Councilor Jennings suggested that, at a later date, staff review the ordinance and bring back recommended changes for Planning commission and Council consideration. Councilor Sifuentez stated that she felt that applicant has followed the rules and the application should be approved. Councilor Chadwick agreed with the statement made by Councilor sifuentez. JENNINGS/PUGH.... the request to keep the record open for 7 days be denied. The motion passed unanimously. JENNINGS/SIFUENTEZ.... direct staff to prepare an ordinance with findings of fact to approve the application from Mr. LaPointe to build a new service station. The motion passed unanimously. Page 5 - Council Meeting Minutes, August 14, 1995 i---- 'If I TAPE READING 1675 1779 1868 COUNCIL MEETING MINUTES August 14, 1995 COUNCIL BILL 1653 - ORDINANCE AMENDING ORDINANCE 1638. THE ANIMAL CONTROL ORDINANCE. TO ADD A SECTION PROHIBITING AN OWNER PROM ALLOWING A DOG TO DEPOSIT WASTE MATTER. Council Bill 1653 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 1653 duly passed with the emergency clause. Councilors Jennings and Pugh stated that animal owners need to take more responsibility for their animals which includes picking up dog waste matter. COUNCIL BILL 1654 - ORDINANCE AMENDING ORDINANCE 2111 REGARDING TRAFFIC IMPACT FEES AND SYSTEM DEVELOPMENT CHARGES TO ALLOW FOR AN ALTERNATIVE PAYMENT ARRANGEMENT. Councilor Hagenauer introduced Council Bill 1654. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Jennings stated that this particular ordinance did not lower any Traffic Impact Fees or System Development Charges, however, it did lower the ceiling amount which determines whether or not they are eligible to pay for these development costs over a periOd of time. On roll call vote for final passage, Council Bill 1654 passed unanimously. Mayor Kirksey declared the bill duly passed with the emergency clause. COUNCIL BILL 1655 - RESOLUTION SETTING THE AMOUNT OP THE TRAFFIC IMPACT FEE FOR A SUB-CATEGORY OF LAND USE REVISED BY THE CITY ENGINEER. Council Bill 1655 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Public Works Director Tiwari stated that the proposed bill would add a sub-category for a small limited-use sit down restaurant with the Traffic Impact Fee (TIF) assessed on a "per-seat" charge. The City Engineer would decide if this sub-category would apply and, if so, the developer would make a choice on which TIF they will pay. The TIF ordinance does have an appeals process in the event there is a dispute between the developer and staff as to the amount of the TIF. councilor Jennings expressed concern as to the definition of "small" since one person's view of this definition will be different from another person's definition. Director Tiwari stated that this Resolution was brought before the Council as a technical issue only and there has been no request from a developer to establish this sub-category. Page 6 - Council Meeting Minutes, August 14, 1995 ,. r __M__ .. . TAPE READING 2160 2182 2258 2292 2327 COUNCIL MEETING MINUTES August 14, 1995 JENNINGS/PUGH.... Resolution be returned to staff for a re- write as to the definition of what a small sit-down limited use restaurant is. The motion passed unanimously. COUNCIL BILL 1656 - RESOLUTION AUTHORIZING THE CITY'S MEMBERSHIP IN CITY/COUNTY INSURANCE SERVICES TRUST FOR WORKERS' COMPENSATION INSURANCE. Councilor Hagenauer introduced council Bill 1656. 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 1656 duly passed. COUNCIL BILL 1657 - RESOLUTION CALLING FOR PUBLIC HEARING ON ANNEXATION OF 5.71 ACRES LOCATED WEST OF S. BOONES FERRY ROAD. council Bill 1657 was introduced by Councilor Hagenauer. 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 the bill duly passed. The public hearing is scheduled for Monday, September 11, 1995, 7:00 p.m., in the City Hall Council Chambers. COUNCIL BILL 1658 - RESOLUTION CALLING FOR PUBLIC HEARING ON ANNEXATION OF 14 ACRES LOCATED EAST OF BROWN STREET. Councilor Hagenauer introduced Council Bill 1658. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1658 passed unanimously. Mayor Kirksey declared the bill duly passed. The public hearing is scheduled for Monday, September 11, 1995, 7:00 p.m., in the City Hall Council Chambers. COUNCIL BILL 1659 - RESOLUTION CALLING FOR PUBLIC HEARING ON THE ANNEXATION OF 1.8 ACRES LOCATED WEST OF BROWN STREET AND SOUTH OF WARREN WAY. Council Bill 1659 was introduced by Councilor Hagenaner. 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 the bill duly passed. This public hearing will also be held on Monday, September 11, 1995, 7:00 p.m., in the City Hall Council Chambers. REOUEST FOR PERMISSION TO USE SOUND AMPLIFICATION. The Centro Cristiano Church has requested permission to use sound amplification equipment for an outdoor church service on August 19, 1995, 2:00 pm - 8:00 pm, in the City's Library Park. The staff has recommended that the application be approved for the date and hours requested. Page 7 - Council Meeting Minutes, August 14, 1995 l' - . TAPE READING 2345 2402 2571 2578 COUNCIL MEETING MINUTES August 14, 1995 JENNINGS/SIFUENTEZ.... approve the sound amplification permit for Centro Cristiano Church to be held at Library Park on August 19, 1995 from 2:00 pm - 8:00 pm. The motion passed unanimously. BID AWARD #96-02 -- STANDARD SIZE PICK-UP FOR CODE ENFORCEMENT. Bids were received from the following vendors: Colvin Auto Center, $12,330.38 (1996 Ford); Colvin Auto Center, $13,498.35 (1995 Ford); Hillyer's Ford, $13,500.00 (1995 Ford), and Capitol Chevrolet, $13,194.00 (1995 Chevrolet). Staff recommended the acceptance of the low bid which exceeds the bid specifications. JENNINGS/HAGENAUER.... accept the low bid from Colvin Auto Center in the amount of $12,330.38. The motion passed unanimously. BID AWARD #96-01 -- SMALL PICK-UP TRUCX FOR BUILDING DIVISION. Bids were received for a small extended cab pick-up from the following vendors: Capital Chevrolet, $12,750.00 (1993 Chevrolet); Hillyer'S Ford, $14,229.00 (1996 Ford); Capital Chevrolet, $14,534.28 (1995 Chevrolet); Colvin Auto Center, $14,652.00 (1996 Ford); Cascade Chevrolet, $14,973.00 (1995 Chevrolet); and Colvin Auto Center, $15,197.00 (1995 Ford). Staff recommended that the low bid from Capital Chevrolet be rejected since it did not meet bid specifications in that the mileage on the vehicle exceeded 10,000 miles and the vehicle year was not a current or previous year model. HAGENAUER/SIFUENTEZ.... approve the bid from Hillyer'S Ford in the amount of $14,229.00. HAGENAUER/SIFUENTEZ.... amend the motion to include the rejection of the low bid submitted by Capital Chevrolet since it did not meet bid specifications. The motion to amend passed unanimously. The motion as amended also passed unanimously. ACCEPTANCE OF UTILITY EASEMENTS - MILES CHEVROLET SITE. Staff recommended the acceptance of utility easements for sanitary sewer located on the new Miles Chevrolet site (Highway 219/Woodland Ave) : 1) a temporary easement on an existing system; and 2) a permanent easement to cover relocated line. JENNINGS/SIFUENTEZ....utility easements from Robert Miles be accepted. The motion passed unanimously. CLAIMS FOR THE MONTH OF JULY 1995. SIFUENTEZ/PUGH.... approve voucher checks #28058 - 28375 for the month of July 1995. The motion passed unanimously. Page 8 - Council Meeting Minutes, August 14, 1995 T'" - -,"-"~.- - . TAPE READING 2608 2639 2768 Tape 2 0114 COUNCIL MEETING MINUTES August 14, 1995 SITE PLAN REVIEW #95-15 -- MEDICAL CLINIC IN NORTHWOOD PLAZA. No action was taken by the Council on this site plan. STAFF REPORTS. (A) Building Report for July 1995 -- Director Goeckritz stated that building permits issued in July will provide over $2.5 million in additional value within the city. (B) Heating, Ventilation, & Air-Conditioning System (HVAC) -- The majority of the City Hall HVAC replacement project is completed and adjusting air-flows will be done over the next two weeks prior to a final inspection. (C) Statewide Transportation Improvement Program Public Meeting -- The staff prepared a letter for the Mayor's signature which will be presented to ODOT at the hearing outlining the city's needs for road improvements over the next several years and urging ODOT to include at least the #1 priority (1-5 modification and Hwy. 214 widening between Woodland and Cascade Drive) on their plan. The public was reminded that the hearing will be held on Tuesday, August 15th, 4:30 pm to 7:30 pm, at the Salem Public Library. Councilor Jennings complimented the Mayor, Barbara Lucas, and John Dickenson for their work in putting together the VJ Day celebration which was one of the nicest celebrations for the ending of World War II 50 years ago. He stated that Saturday's session was not well attended but it was enlightening and those who attended the dance Saturday evening had a lot of fun. On Sunday morning, a memorial service was held at the Settlemier House. He suggested that a thank-you letter be sent to the American Legion and to Barbara Lucas for their work on this project. Councilor Sifuentez stated that she enjoyed the dance and was glad that she had an opportunity to participate in the activities. Councilor Pugh stated that this celebration is a very special time since most people who actually lived through the World War II era will no longer be here during the 75th year celebration. Councilor Pugh also urged the staff to get the sound system fixed as soon as possible so that the public can hear what is being said over the Cable Access station. He also thanked Barbara Lucas for her article in the newspaper about VJ Day. EXECUTIVE SESSION. Page 9 - Council Meeting Minutes, August 14, 1995 ~ -r-'~------- - . COUNCIL MEETING MINUTES August 14, 1995 TAPE READING JENNINGS/HAGENAUER.. adjourn to executive session under the authority of ORS 192.660(1) (h) to consult with counsel regarding current litigation and ORS 192.660(1) (e) to conduct deliberations with persons designated to negotiate real property transactions. The motion passed unanimously. The meeting adjourned to executive session at 8:34 p.m. and reconvened at 9:47 p.m.. 0130 No action was taken by the Council following the executive session. 0130 ADJOURNMENT . JENNNGS/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:48 p.m.. APPROVED NANCY ATTEST f'v\ ~ --r::Y-v\.\'\.~ Mary T nant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, August 14, 1995 -,'---------' .' I