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Minutes - 03/27/1995 TAPE READING 0001 0006 0012 0025 \ COUNCIL MEETING MINUTES March 27, 1995 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 27, 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, Police Chief Wright, Community Development Director Goeckritz, Park Director Holly, Finance Director Gritta, Library Director Sprauer, 9-1-1 Communications Manager Wolf, Public Works Manager Rohman, city Recorder Tennant MINUTES. JENNINGS/FIGLEY...approve the Council minutes of March 13, 1995 and accept the Planning commission minutes of March 9, 1995. The motion passed unanimously. APPOINTMENTS. Mayor Kirksey encouraged local citizens to submit their applications for board, committee, and commission positions that may need to be filled during the year. She reminded the Council that appointments need to be made to the Human Rights Commission and they should submit names of potential candidates from their Ward to her within the near future. ANNOUNCEMENTS. 1) The Transportation Task Force will meet on Wednesday, March 29th, 12:00 noon, in the City Hall Council Chambers. 2) The Wastewater Advisory Committee will host an Open House in the City Hall Council Chambers on Thursday, March 30th, from 4:00 pm to 8:00 pm. 3) The Senior citizen Health Care and Crime Prevention Information Fair will be held at the Woodburn Grange on Wednesday, April 5th, from 10:00 am to 2:00 pm. Page 1 - Council Meeting Minutes, March 27, 1995 .r- ._._.._'_.,._._-~-_.- 11" . TAPE READING 0100 0120 0256 '1'1 COUNCIL MEETING MINUTES March 27, 1995 4) The Transportation Task Force will also hold an Open House at the French prairie Middle School on Thursday, April 13th, from 4:00 pm to 8:00 pm. 5) A Council workshop is scheduled for Monday, April 17th, 7:00 p.m., City Hall Council Chambers, to review options for a second 1-5 interchange. CHAMBER OF COMMERCE REPORT. Kimberly Schmidt, representing the Chamber Board, stated that the annual Casino night is scheduled for Friday, April 21st, 6:30 pm to 10:00 pm, at the Woodburn Fire station. This is a major fundraiser for the Chamber and it will include a silent and oral auction. There will also be live entertainment at this event. She also stated that the Chamber had polled their members and found that a majority were in favor of the Transportation Finance Tax now before the legislature. Local legislative representatives have been notified of the Chamber's support for this tax package. Councilor Figley stated that she has purchased 2 pool bricks and she encouraged other local residents who have not already purchased bricks to do so prior to the April 1st deadline Dick Pugh stated that he has also purchased a brick in memory of their son. Dallas Figley, 601 S Settlemier, stated that purchasing a brick gives the contributors an opportunity to put their mark on history at the swimming pool complex. PUBLIC HEARING - ANNEXATION #95-01. COMPREHENSIVE PLAN AMENDMENT #95-01. AND ZONE MAP AMENDMENT #95-01 (DAVIDSON FARMS. INC.I. Mayor Kirksey declared the public hearing open at 7:12 p.m.. Recorder Tennant read into the record the required land use statement as it relates to this specific hearing. Community Development Director Goeckritz entered the following exhibits into the record: Exhibit 1 - Original Application made by applicant; Exhibit 2 - Applicant's staff report which accompanied that application; Exhibit 3 - the Highway 214/1nterchange study completed by Kittleson & Associates; Exhibit 4 - Letters of Support; Exhibit 5 - Staff Report; and Exhibit 6 - State agencies responses to the hearings process. The property is located in the southwest quadrant of the 1-5 interchange area and is contiguous to the existing city limits. The applicant has requested annexation of the 19.6 acre parcel, expansion of the Urban Growth Boundary to include the parcel, an amendment to the Comprehensive Plan Map, and a zone change from County Exclusive Farm Use (EFU) to City Light Industrial. The Planning Commission has approved all four of Page 2 - Council Meeting Minutes, March 27, 1995 ,.. '--'~'-"---""""-''''-'-_.''---'--''~'--''-''-- ,_. TAPE READING 0658 'I , COUNCIL MEETING MINUTES March 27, 1995 the requests made by the applicant. The City has limited industrial property available for use and the Commission is also looking at expansion of the Urban Growth Boundary to accommodate industrial use. Another issue to be addressed is transportation and including this parcel of land within the City and Urban Growth Boundary will provide the City more flexibility as to potential placement of a split-diamond interchange if, and when, the interchange is made a part of the overall Transportation Plan. When the initial Urban Growth Boundary was established, the boundary included all but the 19.6 acre parcel now being discussed which was contrary to the general rule of following existing property lines, streams, etc. when determining boundaries. The County, Dept. of Transportation (ODOT), and Dept. of Land Conservation & Development (LCDC) have been notified of this land use issue and they have expressed concerns regarding the annexation and inclusion of land into the Urban Growth Boundary if this change is for the specific reason of placing the split-diamond interchange on that parcel of land. The applicant has indicated that they can work with those agencies to respond to their concerns and they will be requesting a continuance of the hearing to accomplish this task. Dan Ritter, Attorney representing Davidson Farms, Inc., provided background information on the initial designation of the Urban Growth Boundary in 1980. The property owned by Davidson Farms, Inc. consisted of 120 acres, however, the UGB line zigzagged and only brought in 100 acres of the total property. They feel that an honest mistake was made involving the initial designation of the UGB. In regards to the letters from the County, ODOT, and Dept. of Land Conservation & Development, it is clear that these agencies do not want the transportation issue brought into the UGB expansion issue. Any expansion of the UGB must clearly show a need for the industrial land. The applicant is interested in providing one large industrial campus to attract industrial users to our area. Mr. Ritter distributed copies of a letter from MacKenzie Engineering, Inc., (EXhibit 12 to Applicant's statement of Compliance Approval Criteria) in response to last week's meeting with the County and state agencies on traffic generation and trip distribution. The Kittleson & Assoc. study suggests that modifications be made to the 1-5 interchange area by constructing a split-diamond interchange south of the existing interchange. The applicant is not advocating that the split-diamond be located on the specific parcel of land being discussed for annexation and UGB expansion. The soil conservationists and state agree that there are no wetlands on this acreage. By including this land within the City's UGB, the City has flexibility in the choice Page 3 - Council Meeting Minutes, March 27, 1995 r ... . , TAPE READING 1044 1400 "I COUNCIL MEETING MINUTES March 27, 1995 of location to place a split-diamond interchange and they can make a condition upon the property owner that no building permit can be issued until after the Transportation Plan is adopted. The applicant is in agreement with the City's staff report and the Planning Commission's action. Wally Lien, Co-Counsel for Davidson Farms, Inc., stated that LCDC wants more detailed information on the availability of industrial land within the city. Additionally, they want an analysis of other non-industrial property currently within the city that could be re-zoned for industrial use. Therefore, the applicant is requesting a continuance of the public hearing until the next regular meeting in order to accomplish this task. They feel confident that the information will be completed for inclusion in the next Council agenda packet. Attorney Ritter also stated that the infrastructure is in place on the property for future development. Don Davidson, President of Davidson Farms, Inc., stated that he farmed the land in the 1970's and, for some unknown reason, the southwest portion of the land was not included in the UGB in the early 1980's. He currently has 68 acres available for industrial use and most inquiries for industrial land are in the neighborhood of 75 or more acres. Three reasons for approving the application are 1) amount of land is inefficient to meet current industrial development needs, 2) there is a rapid growth and need for industrial land in our area, and 3) gives the City flexibility in adding a transportation link somewhere on the total parcel of land. Tony Orlandi, Manager of HWI Center, spoke in support of the proposal to expand the Urban Growth Boundary which would add available industrial acreage for potential development. Expanding the UGB will also provide more flexibility in the planning stages of the city's Transportation Plan. In regards to traffic, he has received no complaints from citizens regarding truck traffic movement and he stated that industrial areas have the least amount of traffic impact compared to other types of land uses. Jerry Gardner, Regional Development Officer for the Economic Development Dept., stated that his work involves recruitment of businesses to the Marion, Polk & Yamhill county area and recent years have shown that the largest growth is in the industrial areas. Currently, larger companies have to by-pass Woodburn because of (1) the lack of industrial land and (2) the lack of an adopted Transportation Plan. Charles Coda, realtor with Cushman & Wakefield Realtors, stated that he has represented owners of industrial property in the Woodburn area for many years and the amount of prime industrial land available in Woodburn is very limited. There Page 4 - Council Meeting Minutes, March 27, 1995 r... .' .....__.._.. ...___-.--.--..-.--- .____'^m'.'~__~".^_.___,.~,,,._~.~~_~~._~".~ - . -. COUNCIL MEETING MINUTES March 27, 1995 TAPE READING is a tremendous need for industrial land especially in those areas in which there is easy access to 1-5. Industrial land in the Portland Metro/Tigard/wilsonville area is no longer available and businesses are looking in the Woodburn area for available land because of its proximity to Portland. Larry Glassock, representing Sedcore, stated hat he had assisted in the assessment of available industrial land and found that Woodburn is in need of larger parcels of industrial land. By expanding the UGB and annexing the property, it would help solve some of the split-diamond interchange issue by providing flexibility on the placement of the interchange if it adopted as part of the Transportation Plan. He also felt that the property should have been included in the 1980 UGB since it was under the same ownership at the time of its adoption. 1988 Keith Woolen, 259 w. Clackamas CI, spoke in opposition to the UGB expansion and annexation until such time as the traffic problems on the east side of 1-5 are addressed. Mayor Kirksey stated that the concerns being expressed by Mr. Woolen should be addressed by the Transportation Task Force prior to the recommendation of a Transportation Plan to the Council. Dan Ritter expressed his appreciation for the concerns addressed by Mr. Woolen but stated that, in his opinion, the Kittleson & Assoc. report addresses this traffic issue as it relates to the application before the Council. JENNINGS/PUGH... continue the pUblic hearing to April 10, 1995, at 7:00 p.m.. The motion passed unanimously. (The Council took a recess from 8:10 pm to 8:16 pm) 2156 COUNCIL BILL 1612 - ORDINANCE RECLASSIFYING PROPERTY ON HIGHWAY 214 BETWEEN WOODLAND AVE. AND ARNEY RD. FROM COMMERCIAL OFFICE TO COMMERCIAL RETAIL AND APPROVING A SITE PLAN REVIEW FOR MILES CHEVROLET (Second Readina). Since this bill was introduced at the March 13th meeting but did not receive unanimous approval on the first night introduced, the bill was re-read by title only since there were no objections from the Council. On roll call vote for final passage, the vote was 4-1 with Councilor Pugh voting nay. Mayor Kirksey declared the Council Bill 1612 duly passed. Page 5 - Council Meeting Minutes, March 27, 1995 r- , ".... _.,." ,."._.__ ,..,._.. ....._ ,." "'"__""" ..._"," _ow _0_.__. ..__..~__.~~_____,,_.'" .. .. TAPE READING 2230 2357 2388 2410 2430 COUNCIL MEETING MINUTES March 27, 1995 COUNCIL BILL 1615 - RESOLUTION AUTHORIZING AGREEMENT WITH KEIZER RURAL FIRE PROTECTION DISTRICT. Council Bill 1615 was introduced by Councilor Chadwick. 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 1615 duly passed. COUNCIL BILL 1616 - RESOLUTION TRANSFERRING CERTAIN REAL AND PERSONAL PROPERTY TO THE WOODBURN FIRE PROTECTION DISTRICT #6. Councilor Chadwick introduced Council Bill 1616. 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 1616 duly passed. SOUND AMPLIFICATION/STREET CLOSURE REOUEST FOR CINCO DE MAYO CELEBRATION. Centro Cultural has requested a sound amplification permit, and street/downtown parking lot closure on May 5 - 7, 1995 in conjunction with the annual cinco De Mayo celebration. staff has recommended that authorization be granted for the closure of the downtown parking lot and adjacent streets and the use of sound amplification equipment during the hours of 12:00 p.m. - 10:00 p.m. Friday May 5th, 12:00 pm - 8:00 pm Saturday May 6th, and 12:00 pm - 7:00 pm Sunday May 7th. JENNINGS/SIFUENTEZ... authorize the sound amplification permit and closure of streets and the downtown parking lot as recommended by staff. The motion passed unanimously. LIOUOR LICENSE APPLICATION - HEIDE'S WOODBURN CAFE. Michael Heide has applied for a New Outlet Restaurant liquor license for his business which is located at 611 N. Pacific Highway. Chief Wright recommended approval of the liquor license with Special Conditions that have been agreed to by the owner. JENNINGS/FIGLEy.... recommendation of the Police Chief be honored. The motion passed unanimously. REOUEST FOR MEMBERSHIP PAYMENT - PUDDING RIVER BASIN STUDY. The Wastewater Advisory Committee has recommended that the City be a member of the Pudding River Water Resources Development Association to look at methods of increasing the water flow along Butte Creek for irrigation purposes which, in turn, would increase the water flow and wastewater discharge capacity in the Pudding River. JENNINGS/PUGH.... city join with other members of the Pudding River Basin Waster Resources Development Association by paying the membership fee of $2,240.00. Page 6 - Council Meeting Minutes, March 27, 1995 r .-,,,-,,,,._.. .._-~._"._--,.,.^'--_._-~-_.-.._-----~~._,..- , II" II" TAPE READING 2500 2528 2710 2736 "I COUNCIL MEETING MINUTES March 27, 1995 Preston Tack, Wastewater Advisory Committee member, spoke in favor of the City's membership into the Association due to the potential long-term benefit to the City. On roll call vote, the motion passed unanimously. BID AWARD #95-14 -- COMBINATION SEWER CLEANER. Bids were received for a combination sewer cleaner from the following vendors: Vac-Con, Inc., $150,000.00; and Schetky Northwest Sales, Inc., $150,348.80. Staff recommended the acceptance of the low bid from Vac-Con, Inc. with the expense for the sewer cleaner being drawn from various Wastewater and Street Funds. JENNINGS/FIGLEy.... award the bid to Vac-Con, Inc. in the amount of $150,000 for a combination sewer cleaner. The motion passed unanimously. DANGEROUS BUILDING UPDATE -- 347 N. FRONT ST. (SALUD BUILDING) . Al Nunez, Executive Director, stated that he has made application to Rural Economic & Community Development Service (formerly Farmer's Home Admn.) to transfer the existing lien to their new loan. As of this date, he has not received a reply from RECD on his request. He stated that he has also made loan application with First Interstate Bank for funds to bring the building into compliance and he hopes to hear from them by Wednesday morning on the status of the loan. He will also be proposing to the Salud Board that they deed the property to the City if there is no buyer for the property within the near future. When questioned if he had spoken to Realtor Curt Arthur, Mr. Nunez stated that he had been out of town last week and had not had an opportunity to talk with him today on this issue. SITE ACTION PLAN - #92-02 FIR GROVE MOTEL ADDITION. The Planning commission has approved a site plan submitted by the owners of Fir Grove Motel which will provide for 5 new units to the existing facility. No action was taken by the Council on this site plan. STAFF REPORTS. 1) Country Club Road Realignment Project - Phase I is almost complete with the striping to be completed and traffic lights turned on within a week. Phase 2 will then begin which involves finishing the curve area near Yun Wah's restaurant and allows Sandwich Express to begin their work towards completing their parking lot and landscape requirements. It was noted that the owners of Fairway Plaza will be taking out the 2 existing entrances located along Country Club Rd near Hwy. 214 and making it one 30 foot entrance into the Plaza. Page 7 - Council Meeting Minutes, March 27, 1995 'T~- -'----~---.~~----_.,...-.,..-.~,,,.-,,.--,-,--,.-'"'--,-,--~.-.....--_._,,~ COUNCIL MEETING MINUTES March 27, 1995 TAPE READING 2) Settlemier Avenue Resurfacing Project status -- Director Tiwari stated that warmer weather is necessary before the final course of paving can be done. The contractor will be making some preparations for the final course and the project should be completed by the end of April. 2914 city Administrator Childs stated that he would be testifying before the legislative Ways & Means Committee tomorrow regarding the City's use of Economic Development Special Public Works Funds. For background information, he stated that the City had received in 1986/87 approximately $359,000 in Economic Development funds (one-half in a grant award and the other half through a loan program) which resulted in the creation of 92 jobs. In 1990/91, the city received another Economic Development award ($800,000 loan, $500,000 grant, and $403,000 property owner deferred assessment) which provided necessary infrastructure improvements to industrial property west of I-5 (HWI project) and resulted in the creation of 70 jobs at the plant plus 15 truck drivers. In summary, infrastructure funding assistance from the Economic Development Special Public Works Fund makes development possible. Tape 2 0038 Councilor sifuentez reminded the public that the Pool Brick (tile) sale ends on April 1st. Councilor Chadwick stated that she had also purchased a pool brick. Mayor Kirksey advised the Council that the 3-Valley Project will be meeting at the Woodburn Library on Wednesday, March 29th, at 7:00 p.m.. 0106 EXECUTIVE SESSION. JENNINGS/FIGLEY...adjourn to executive session under the authority of 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. The motion passed unanimously. The Council adjourned to executive session at 8:40 p.m. and reconvened at 9:16 p.m.. 0112 EXECUTIVE SESSION ACTION RE: DANGEROUS BUILDING (SALUD BUILDING) . FIGLEY/PUGH... city Council direct the City Attorney to order a litigation guarantee for the purpose of researching what he needs to know prior to his filing a complaint in order to abate the nuisance, (2) in light of not having the full Council who are able to vote at this meeting, any action be deferred to the next meeting due to pending loan application Page 8 - Council Meeting Minutes, March 27, 1995 r _._~-"_....."..._-~'._,..._,-_. .-.' -."----....-.--.... . - - - COUNCIL MEETING MINUTES March 27, 1995 TAPE READING with First Interstate Bank, and (3) direct City Administrator to contact Al Nunez, Curt Arthur, and any other parties such as prospective lenders be here at the next meeting to report on the loan application and/or the sale of the property. The motion passed 4-0. For the record, Councilor Sifuentez left the council meeting at 8:40 p.m. since she had previously declared a conflict of interest due to her involvement with the Salud Board and would not be participating in any Council discussion or action on this issue. 0179 Councilor Jennings stated that he was pleased that the engineering staff was conducting a preliminary survey of the alley area for repairs and/or replacement of water and sewer lines. 0200 ADJOURNMENT . JENNINGS/PUGH.... meeting be adjourned. The motion passed 4-0. The meeting concluded at 9:19 p.m.. L.- 4' . ../.Z] APPROVED ~Z~-<"-;;'/' NANCY . KIRKSEY, MAY ATTEST fYl~T~~ Mar~nt, Recorder city of Woodburn, Oregon Page 9 - Council Meeting Minutes, March 27, 1995 - - .