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Minutes - 07/24/1995 TAPE READING 0001 0003 0013 0020 0027 0036 0065 COUNCIL MEETING MINUTES July 24, 1995 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 24, 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 Absent Present Present Present staff Present: city Administrator Childs, City Attorney Shields, Public Works Director Tiwari, community Development Director Goeckritz, Park Director Holly, Public Works Manager Rohman, City Recorder Tennant MINUTES. JENNINGS/FIGLEy.... approve the Council minutes of July 1995; accept the Library Board minutes of June 28, 1995 the Recreation and Park Board minutes of June 19, 1995. motion passed unanimously. 10, and The APPOINTMENTS. Mayor Kirksey appointed Chris Breshears and Mary Schroeder to the RSVP Advisory Board. JENNINGS/FIGLEY... appointments of Chris Breshears and Mary Schroeder be approved. The motion passed unanimously. ANNOUNCEMENTS. Mexican Fiesta Court members, Dora Guevara and Jessica Maldonado, invited the public to the Mexican Fiesta celebration on August 4, 5, & 6, 1995. The annual parade will begin at 12:00 noon in the Downtown area and ends at Legion Park. Numerous activities are scheduled throughout the three- day event. Administrator Childs stated that the city Hall heating, ventilation, and air-conditioning system (HVAC) is being replaced, therefore, fans have been placed by the doors to circulate the air in the Council Chambers for this evening's meeting. Page 1 - Council Meeting Minutes, July 24, 1995 r~ ~._"'-'--oor"'-'~"-~' .._,- n~__'_""_'_"-______' 11 I TAPE READING 0105 0230 COUNCIL MEETING MINUTES July 24, 1995 Edith De la Rosa, stayton, reiterated her objection to the way the women were treated following the raid at La Linda's Restaurant on June 24, 1995. She also objected to Councilor Jennings refuting her statements since he was not at LaLinda's when the search was being conducted. Meetings have been held at the crisis Center to help the females with this traumatic experience. She requested receipt of any documentation as to why the search was conducted, the affidavit filed which allowed the search, and complete public disclosure regarding this raid. In addition, she requested that a civil review board be formed to evaluate the actions of the Police Department and procedures used during the search. PUBLIC HEARING - APPEAL OF SITE PLAN REVIEW 95-10. TEXACO GAS STATION AND CAR WASH. Mayor Kirksey declared the public hearing open at 7:09 p.m.. Recorder Tennant read the required ORS land use statement into the record. community Development Goeckritz submitted the following documents into record: Exhibit 1 - Staff report which is included in the agenda packet; Exhibit 2 - Traffic Report from Lancaster Engineering dated March 1995; and Exhibit 3 - Letter of Appeal from Attorney Vance Croney dated June 5, 1995. He stated that the planning commission had approved the site plan on May 25, 1995 with conditions. He reviewed the location of the proposed gas station and car wash. He stated that this site plan was joint application with the Super 8 Motel site plan for the purpose of working together on the traffic issue but separate public hearings were held for each application. The Planning commission also approved the Super 8 Motel site plan but this action has not been appealed. The property is zoned commercial general which is an outright use but applicants must still go through the site plan review process to insure compliance with city standards. The city's objective, in this case, is to limit access onto city streets. The applicant has worked with the owner of McDonald's to share and utilize an existing access onto a private driveway. Director Goeckritz stated that the proposed driveway onto Lawson currently shows 30 feet, however, the Public Works Dept. will review the width of the driveway during the second phase of the site plan review process and make a final determination as to whether the driveway should be the 36' width standard or allow the proposed 3D' width. On all new developments, the city also requires a traffic impact study with the results of the study to be reviewed by ODOT. A letter has been received from ODOT stating that they did not necessarily agree with the methodology used by Lancaster Engineering but, in turn, the findings of the study would not be materially altered if revisions were required. They felt that the study adequately described the existing and Page 2 - Council Meeting Minutes, July 24, 1995 .....-- .._.... ..---..- ,."..-. ,.._--'-'~--'~---"-'~"--- 'II I TAPE READING 0675 0775 COUNCIL MEETING MINUTES July 24, 1995 future traffic impact of the proposed project. Staff recommended to the Planning Commission that they approve the proposal since the applicants were willing to meet all conditions of approval as required by the Zoning Ordinance and Comprehensive Plan. options available to the Council are to 1) approve the site plan application, 2) deny the site plan application, or 3) remand the site plan back to the Planning commission for further review. Attorney Shields stated that if the site plan is remanded back to the Planning Commission, a decision must be made in 120 days unless the applicant agrees to waive the timeline. Dale Crandall, attorney representing the applicant, urged the council to support the findings of the Planning commission. In regards to a procedural issue before the Planning Commission, Mr. Crandall stated that one of the requirements of the applicant was to turn in some color copies of some signage on the property, however, the Planning commission rejected his attempt to submit those copies since the hearing had been closed and they did not want to accept any additional information into the record. Mindy Smith, representing McDonald's, stated that she has been working with the applicant to share the private driveway access between Lawson and Evergreen Road. Their plan is to work with ODOT to get signs for the purpose of rerouting traffic to Evergreen in the hopes of relieving traffic congestion at Lawson/Hwy. 214. Vance croney, Attorney representing Dale Baker and Barry Sullivan, submitted a letter to the Council in opposition to the site plan citing their reasons as to why the site plan should not be approved by the Council. He stated that they had retained another traffic engineer, Mr. Woelk of Associated Transportation Engineering & Planning, to review the Lancaster Engineering report. Mr. Woelk's findings were that the methodology and data used for this report were over 10 years old, therefore, the report did not accurately predict the traffic impact. Additionally, the traffic report was done in conjunction with the Super 8 Motel site plan and very little analysis was done regarding the Texaco gas station and car wash. Attorney Croney stated that traffic congestion on Lawson already indicates a level F service under the ODOT standards. Councilor Jennings questioned Mr. Croney as to whether or not he is aware that the Transportation Task Force will be recommending that Lawson be a right-in/right-out at Highway 214. Mr. Croney stated that he did become aware of the Task Force's recommendation at the Planning commission but there is nothing Page 3 - Council Meeting Minutes, July 24, 1995 .1' COUNCIL MEETING MINUTES July 24, 1995 TAPE READING in the staff report or engineering report to indicate this change. Another critical area he sees in support of the denial is that the traffic study only shows approximately 500 vehicle trips in a 10-hour day. Since the proposed service station has 16 or 18 pumps, their calculation of vehicle trips is 916 trips per day. There calculations are based on the number of cars per day at Mr. Baker's gas station which has only 8 pumps. He reiterated that the traffic study did not reflect current traffic data, therefore, the impact on Lawson/Highway 214 is more significant that what the study suggests. Councilor Jennings stated that maybe the methodology was not the best, however, ODOT is saying that the end result is not flawed. Attorney Croney disagreed with ODOT's conclusions since the number of trips per day will be incorrect since the station will have 16 pumps. Another area he wished to dispute concerned mandatory proof of criteria. He stated that section 11.020 of the Zoning Ordinance sets out 6 criteria to be submitted by the applicant in a site plan review process. In his opinion, only 3 of the 6 criteria were addressed, therefore, the application failed to meet the requirements of the ordinance. Areas not addressed in the application were 1) color & style of exterior surface of the facility, 2) signage, and 3) shadow pattern of proposed structure for purposes of meeting the solar access criteria. Another issue he brought to the Council's attention is that the applicant requested a waiver of the off-site loading requirement which was approved by the Planning Commission. He expressed his opinion that the Planning Commission should not have waived this requirement since the applicant did not submit a conditional use, therefore, there is a procedural defect on this request. Attorney Croney also raised the issue of how the city can allow the access from a private easement rather than public right-of-way. 1429 Dale Baker, 16705 Butteville Rd., stated that there are numerous traffic problems at the junction of 1-5 and Highway 214. He stated that he has attended many of the Transportation Task Force meetings relating to the traffic issue and he had prior transactions with the city at the intersection of Hwy. 214/Country Club Rd. which resulted in a granting of easements for future widening of Highway 214. He stated that he has operated gas stations in this particular area for approximately 26 years and has seen the growth and traffic congestion. He illustrated his proposal on how traffic flow should be along Hwy. 214, Lawson Ave., and Evergreen Rd.. He stated that he did not object to the motel or gas station but objected to the traffic impact the station would have in the area. He requested that the record be kept Page 4 - Council Meeting Minutes, July 24, 1995 ,- -- -, --- ---, 'II I TAPE READING 1648 1990 COUNCIL MEETING MINUTES July 24, 1995 open for 7 days and, if the Council approves the application, he would take the issue to LUBA. Attorney Crandall questioned the location of Mr. Baker's business interest. It was noted that the Sandwich Express shop is located one-block east of Hwy. 214/Evergreen at the Hwy. 214/Country Club Rd. intersection. Mr. Crandall stated that the proposed Texaco station will have only 6 pumps and not the 16 pumps as brought out in the opposition's testimony. He stated that the shadows issue is addressed in the Planning commission report (page 5) and is included in the Commission's findings. He also requested that the record remain open for 7 days so that he can review the opponent's letter and, if applicable, respond to the issues. Tom Lancaster, Lancaster Engineering, stated that the method used is called Circular 212 which is one of 4 methods he is aware of. The Dept. of Transportation used a different method to obtain similar results. The data he used was updated information as of late 1994 from ODOT even though the method used was adopted in 1985. He reviewed the results of the report and stated that he did not spend a lot of time on Lawson Ave. since the Transportation Task Force and ODOT's eventual median strip will change the level of service on Lawson. The number of trip generations were based on 6 gas pumps and calculations were based on the ODOT required nationally accepted handbook for trip generation. He stated that the level of service on Lawson Ave. is probably a level F, however, he did not make that calculation since changes would be forthcoming. Councilor Jennings questioned the number of year's experience Mr. Lancaster had. Mr. Lancaster stated that he has been a traffic engineer for approximately 25 years and his work has never been returned from ODOT, however, he has received comments back from then in the past. Councilor Jennings question the loading dock issue and the conditional use requirement. Director Goeckritz stated that the opponent is stating that the conditional use process is necessary, however, he would question the opponent's statement since it does relate back to sections 10.010 through 10.070. He also felt that the issues were addressed in the process and the criteria has been met with the applicant's response and the staff report also addresses these issues in the site plan review process. In meetings with the applicant, the staff had informed the applicant that the right-in/right-out or one-way on Lawson was discussed but it has not been determined by the Task Force as Page 5 - Council Meeting Minutes, July 24, 1995 - . "--' _". ......_.."_..m'"__._..___~_."..___ COUNCXL MBBTXNG MXNUTBS July 24, 1995 TAPE READING a recommendation to the Planning Commission or City Council as of this date. Councilor Figley expressed her concern regarding the traffic issue surrounding Lawson Avenue since this intersection is already maxed out and she is concerned about traffic competition on Evergreen Rd. turning left onto Highway 214. Director Goeckritz stated that developers are required to pay Traffic Impact fees to offset the cost of improvements and, in regards to impact, ODOT has stated in their letter that this development would not have a tremendously adverse impact on the traffic system. He agreed that development does multiply itself and mitigation will be necessary but Traffic Impact Fees will help offset future improvement costs. Councilor Pugh referred to Police Wright's comments regarding the driveway access and he suggested that making Lawson Ave. a one-way street would eliminate some of the concerns of the Chief. Director Goeckritz stated that the driveway width standards currently have a 36' maximum which is the width Public Works feels is an adequate for turning radius for truck traffic. The Police Chief has recommended 40' and the Planning commission will be reviewing the proposed 30' width to determine if it should be 36' or some other width. councilor Jennings questioned if the Council should make Lawson Ave. a one-way street as a condition of approval. Director Goeckritz stated that any action that would affect Highway 214 does require ODOT approval. Councilor Sifuentez expressed her opinion that the staff report was good, however, the questions posed by the Councilors need to be addressed before any decision is made. Councilor Figley felt that more information is needed on traffic flow and she has inadequate information in order to make a decision on this issue. She would like to have more information on the safety issue. Discussion was held regarding the parties requests to keep the record open and staff agreed with this open period since they would like to have an opportunity to review the opponent's letter and, if necessary, respond to the issues brought before the Council. The Council debated as to whether or not the record should be closed for receiving oral testimony but open for 7 days to receive written testimony. Attorney Shields advised the Council as to their options and expressed his concern regarding the 120 day issue. 2754 JENNINGS/PUGH....grant the request that the written record remain open for a period of 7 days and no further testimony be taken in a hearing. Page 6 - Council Meeting Minutes, July 24, 1995 -'T"'^"" -_._-^_._-~..~.,.^_.__._-~......---_._.. "'-~""."-^ " . TAPE READING COUNCIL MEETING MINUTES July 24, 1995 Mayor Kirksey stated that, in her op1n1on, the hearing should be kept open to afford the public an opportunity for more dialogue. Following further discussion, the vote on the motion was 2-3 with councilors Figley, sifuentez, and Chadwick voting nay. 2904 FIGLEy/SIFUENTEZ.... hearing be held open until August 14, 1995 for the purpose of receiving additional oral and written testimony. On roll call vote, the motion passed unanimously. 3000 3032 Tape 2 0003 The Council recessed the meeting at 8:26 p.m. and reconvened at 8:35 p.m. COUNCIL BILL 1646 - ORDINANCE AMENDING THE WOODBURN COMPREHENSIVE PLAN MAP AND CHANGING THE ZONING DESIGNATION ON FOUR PARCELS OF PROPERTY LOCATED BETWEEN HARDCASTLE AND MILL STREETS AND BETWEEN CORBY AND FRONT STREETS (WOODBURN FERTILIZER. INCl. Council bill 1646 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. Only one reading of the proposed ordinance was required since it was introduced at the last Council meeting but did not receive unanimous consent of the Council. On roll call vote for final passage, the vote was 3-1-1 with Councilor Pugh voting nay and Councilor Figley abstained. Mayor Kirksey declared the bill duly passed with the emergency clause. . COUNCIL BILL 1649 - ORDINANCE AUTHORIZING THE TOWING AND IMPOUNDMENT OF VEHICLES OPERATED BY UNINSURED MOTORISTS. Council Bill 1649 was introduced by Councilor Sifuentez. 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, Council Bill 1649 passed unanimously. Mayor Kirksey declared Council Bill 1649 duly passed with the emergency clause. COUNCIL BILL 1650 - ORDINANCE AMENDING ORDINANCE 2015. WOODBURN AMBULANCE SERVICE FRANCHISE ORDINANCE. TO EXTEND THE ORDINANCE TO OCTOBER 31. 1995. Council Bill 1650 was introduced by Councilor sifuentez. 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 1650 duly passed with the emergency clause. Page 7 - Council Meeting Minutes, July 24, 1995 '" . ~ -..- ..-.-. .,--_..__._-,..-----~- ._.,-~ - TAPE READING 0013 0097 COUNCIL MBETING MINUTES July 24, 1995 COUNCIL BILL 1651 - RBSOLUTION BSTABLISHING LEVELS OF COMPBNSATION FOR MANAGEMBNT AND OTHBR NON-UNION PERSONNBL DURING FISCAL YEAR 1995-96. Councilor sifuentez introduced Council Bill 1651. The bill was read by title only since there were no objections from the Council. Brief discussion was held on the Administrator's memo which proposed a 3% cost of living adjustment for all management/non-union employees and a .9% "catch-up" adjustment for full-time management/non-union employees. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1651 duly passed. COUNCIL BILL 1652 - RBSOLUTION TO ENTBR INTO A CONTRACT WITH STEVB MARTINBNKO. GRANT FACILITATOR. TO PROVIDB PROFBSSIONAL SERVICES IN HOUSING RBHABILITATION GRANT PROPOSAL SBRVICES. Council Bill 1652 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. During the discussion period on this issue, Councilor Jennings expressed his concern regarding the independent contractor status if the City is providing office space, telephone, supplies, etc. towards this program. community Development Director Goeckritz stated that the Community Development Block Grant proposal included a specific administrative fee to be paid to the facilitator over the two- year grant period. In addition, costs relating to office space, supplies, etc. are part of the city's in-house contribution towards the program. The Task Force will be overseeing the program and payments to the facilitator will be made on a performance basis. Councilor pugh also expressed concern that the contract does not mention the Task Force or their involvement with the program. Director Goeckritz stated that the contract with the state does identify the facilitator's responsibilities along with the city's responsibilities. within the grant, the Community Development Director administer the actions of the facilitator who, in turn, is responsible to the Task Force. PUGH/JENNINGS.... Council Bill 1652 be amended to incorporate the Community Development Block Grant agreement into the agreement between the city and steve Martinenko. The motion to amend the bill passed unanimously. On roll call vote for final passage, Council Bill 1652, as amended, passed unanimously. Mayor Kirksey declared the bill duly passed. Page 8 - Council Meeting Minutes, July 24, 1995 '" . .- ..~._..".._.__..,_._......,...---_.__._.. -.,------- TAPE READING 0368 0376 0447 COUNCIL MEETING MINUTES July 24, 1995 AMENDMENT TO CONTRACT FOR LIBRARY PARKING LOT. Staff recommended that the Council accept a proposed amendment to the contract with Bob's Backhoe that will modify the police parking configuration and add two parking spaces. JENNINGS/SIFUENTEZ.... amend the contract with Bob's Backhoe for the modification and addition of 2 parking spaces in the police parking area at a cost of $3,789.75. The motion passed unanimously. CONFIRMATION OF APPOINTMENT OF FINANCE DIRECTOR. Administrator Childs introduced Ben Gillespie who he has selected as Finance Director for the City. He briefly reviewed Mr. Gillespie's background and advised the Council that, if the appointment is confirmed, Mr. Gillespie will begin work on August 10, 1995. Mayor Kirksey commended the Administrator in aSking persons from other agencies/businesses to participate in the selection process. JENNINGS/FIGLEy.... confirm the appointment of Ben Gillespie as Finance Director. Councilor Jennings stated that he would have preferred receiving information on appointment confirmation prior to the night it is acted upon. On roll call vote, the motion passed unanimously. CLAIMS FOR THE MONTH OF JUNE 1995. SIFUENTEZ/FIGLEY... approve voucher checks #27633 - 28103 for the month of June 1995. The motion passed unanimously. 04600 NEW BUSINESS. Councilor Jennings stated that he would like to see the Wastewater Advisory Committee remain intact until all issues pending before the Committee have been approved. JENNINGS/PUGH.... keep the Committee intact until the Council decides that the Committee has no further mission. Administrator Childs reminded the Council that the Committee will be in place until December 1995. Mayor Kirksey suggested that this issue be held in abeyance until October or November and, if necessary, take the appropriate action to keep the Committee intact. Brief discussion was held regarding the current expiration date and staff clarified the issue stating that prior council action had extended the Committee's work to December 1995. Barbara Lucas questioned if regular meeting dates would continue through December now that the preliminary facilities plan has been submitted to DEQ. It was noted that meetings will only be held if they are necessary to address a wastewater issue. The vote on the motion was unanimous, therefore, the Committee will continue with no definite expiration date. Page 9 - Council Meeting Minutes, July 24, 1995 "r" _..._.~.._-_.._._"-_....,.__..__.~~.._--_..._.__.." ... . TAPE READING 0679 0707 COUNCXL MEETXNG MXNUTE8 July 24, 1995 8XTE PLAN REVXEW #95-16 -- TUKWXLA REAL ESTATE SALES OPPXCE. No action was taken by the Council on this issue. STAFP REPORTS. A) Downtown Historic District Traffic Impact Fee/System Development Charge Task Force Recommendation -- PUGH/JENNINGS.... recommend Council adoption of the position taken by the Task Force in the memo from the Administrator. Administrator Childs briefly reviewed the report which recommended that an installment plan option be allowed when TIF/SDC fees exceed $5,000 and involve a change in use of an existing structure. This option would not be available for new developments. Under the installment plan, the payback period would not exceed five years and an interest rate of prime plus 3% would be charged. The existing ordinance provisions for the installment plan option when TIF fees exceed $25,000 would remain as is for any new construction project. After a brief discussion on this issue, PUGH/JENNINGS.... amend the motion to direct staff to draft an ordinance which would incorporate the recommendations of the Task Force. The motion passed unanimously. B) Water Report -- Director Tiwari stated that the hot weather has resulted in increased water usage and the public responds positively when water conservation is necessary. He also provided the public with helpful reminders on water conservation. C) statewide Transportation Improvement Program Public Meetings -- Oregon Dept. of Transportation (ODOT) will hold a public meeting on the 1996-98 Statewide Transportation Improvement Program on August 15, 1995, Anderson Meeting Room, Salem Public Library, between the hours of 4:30 p.m. and 7:30 p.m.. Community support of proposed transportation improvements in our area is necessary and the public is urged to attend the meeting in Salem. Staff will be working with the Transportation Task Force, community groups, and other concerned citizens to encourage representation at this meeting. D) Aquatic Center Update -- Councilor sifuentez urged local organizations to donate lawn chairs and tables to the new Aquatic Center. At this time, the pool will be open to the public sometime between September lOth and 21st. E) Federal Emergency Management Funds (FEMA) RE: Salud Medical Center In summary, FEMA funds can be used towards repairs, a new project, or an improved project. In this case, Page 10 - Council Meeting Minutes, July 24, 1995 1" ._-_.~--,_. _.___'__--m..-.~_" ... . COUNCIL MEETING MINUTES July 24, 1995 TAPE READING Salud has decided to use the funds on an improved project at a location other than the damaged downtown building site. F) Petroleum Antitrust Settlement Grant Program -- Staff advised the Council that they will be making application for funding to assist in costs associated with improvements to North Front Street. 0966 councilor Sifuentez spoke briefly on the Aquatic Center and advised the pUblic the Pool Committee is still accepting donations and they are looking into selling more bricks. Councilor Pugh read a letter that he will be submitting to the newspaper relating to removal of trees along Hwy. 219 near the West Woodburn entrance. He felt that meetings should have been arranged between the developer, City, and state to look at alternatives that could have been taken to preserve the trees along Highway 219. Councilor Jennings requested staff to research where city funds are invested to make sure that they are not invested in derivatives. Administrator Childs stated that this question was posed to the staff about one year ago and, at that time, staff reported to the Council that City funds were in safe and solid investments. He will bring back another report on this issue at the next meeting. Mayor Kirksey encouraged the Councilors to participate in the Mexican Fiesta parade. The train will be used as a float for the Councilors. Mayor Kirksey briefly updated the Council on the VJ Day celebration. The local newspaper will soon provide a list of dates and events to commemorate the conclusion of World War II 50 years ago. 1212 EXECUTIVE SESSION. JENNINGS/FIGLEY... adjourn to executive session under the authority of ORS 192.660(1) (h) 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. The motion passed unanimously. The meeting adjourned to executive session at 9:23 p.m. and reconvened at 9:45 p.m.. 1221 Mayor Kirksey stated that the Council would not be taking any action as a result of the executive session and that no action was taken during the executive session. Page 11 - Council Meeting Minutes, July 24, 1995 1- "'~-"~-~' 'Il I TAPE READING 1228 ATTEST COUNcrL MEETrHG MrHUTES July 24, 1995 ADJOURHMEHT. PUGH/FIGLEY... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:46 p.m.. (-----, APPROVED ~/~~ Mary T nant, Recorder City of Woodburn, Oregon Page 12 - Council Meeting Minutes, July 24, 1995 -J'-' -..'.' .~. ."-'-'--'"' -.__. ..~~ >" .~-_...~_._~._.-.. ."....--.". 111 .