Minutes - 02/27/1995
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COUNCIL MEETING MINUTES
February 27, 1995
DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, FEBRUARY 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
Present
Present
Present
Present
staff Present:
city Administrator Childs, city Attorney Shields, Public Works
Manager Rohman, Community Development Director Goeckritz,
Police Chief Wright, Park Director Holly, Finance Director
Gritta, 9-1-1 Communications Manager Wolf, Library Director
Sprauer, city Recorder Tennant
MINUTES.
JENNINGS/FIGLEy.... approve the Council'S February 13, 1995
regular and executive session minutes and the February 15,
1995 workshop minutes; and accept the Planning commission
minutes of February 9, 1995. The motion passed unanimously.
MEETING ANNOUNCEMENTS.
The Wastewater Advisory Committee will hold a meeting on
Tuesday, February 28th, 7:00 p.m., in the City Hall Council
Chambers.
On February 28th, the Cable TV Advisory Board will meet at
7:00 p.m. at the Woodburn Library.
The Transportation Task Force will meet on Thursday, March
2nd, 12:00 noon, in the city Hall Council Chambers.
The Council Goal setting workshop will be held on Thursday,
March 2nd, 5:00 p.m., at the PGE building.
On March 8, 1995, the 3-Valleys project will be meeting at the
Woodburn Public Library.
LETTER FROM ENGLE' SCHMIDTMAN. ATTORNEYS AT LAW.
Attorney Shields read the letter from Attorney Joann Beck,
representing Salvadore Larios, requesting Council
consideration of a reduction in Traffic Impact Fees for
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businesses in the Downtown Historic District as an incentive
for attracting new businesses in the downtown core area.
JENNINGS/SIFUENTEZ.... item be moved to New Business. The
motion passed unanimously.
LETTER REGARDING SHOOTING AT THE 7-11 STORE.
Mayor Kirksey stated that she had received a letter from a
citizen who expressed concern about the shooting at the 7-11
store.
Mayor Kirksey stated that she lives very close to the 7-11
store and the incident does concern her, however, she assured
residents that the city is doing whatever they can to maintain
the safety of its citizens. In spite of the incident, she
intends to continue living at her current residence and she is
still proud to be Woodburn's Mayor.
PUBLIC HEARING - DANGEROUS BUILDING AT 182 YOUNG STREET
(FORMER SITE OF RUGGED MANUFACTURXNG)
Mayor Kirksey declared the public hearing open at 7:08 p.m..
JENNINGS/HAGENAUER.... since the building has been completely
torn down and the debris is being removed, the Council not
proceed with the hearing and the building be removed from the
dangerous building list. On roll call vote, the motion passed
unanimously.
The hearing closed at 7:09 p.m..
PUBLIC HEARING - 1995 LIOUOR LICENSE RENEWAL FOR LA LINDA'S
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Mayor Kirksey declared the public hearing open at 7:09 p.m..
Police Chief wright reviewed his staff report which provided
statistics on the calls for service and types of
viOlations/crimes by employees or patrons of the business. He
briefly reviewed the criteria established by Council
Resolution 1037 which is used to determine which
establishments will automatically receive a recommendation of
denial from the Police Department and give the applicant an
opportunity to have a hearing before the Council on the issue.
Chief Wright stated that a compliance plan is in place at the
establishment, however, the business owners have not been
willing to cooperate with the Police Department to resolve the
existing problems. He recommended that the Council recommend
to the Oregon Liquor Control Commission that the license not
be renewed for 1995 citing past history of the establishment
and more pointedly the over 70% increase in 1994 compared to
1993 for service calls applicable under Council Resolution
1037, lack of licensee response to the police department
letter in June of 1994, and violation of City Council
Resolution 1037.
There were no business owners or representatives from La
Linda's in the audience to testify before the Council on this
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issue nor were there any written documents received. Chief
Wright stated that the business owners did receive notice of
the hearing and a copy of the staff report.
No one in the audience spoke either for or against the license
renewal.
Mayor Kirksey declared the hearing closed at 7:13 p.m..
JENNINGS/FIGLEy.... follow the recommendation of the Police
Chief and recommend denial of La Linda's 1995 liquor license
to the Oregon Liquor Control Commission. On roll call vote,
the motion passed unanimously.
PUBLIC HEARING - ZONE MAP AMENDMENT #94-02 AND SITE PLAN
REVIEW #94-14 FOR MILES CHEVROLET.
Mayor Kirksey declared the public hearing open at 7:15 p.m..
Councilor Pugh stated that he had attended an ex-parte meeting
about 3 weeks ago that was conducted by Miles Chevrolet in
Ward I to discuss their development. He also declared that he
was a prior Planning Commission member and that his prior
involvement on items of record he will reconsider as well as
items brought before the Council at this hearing and will make
an unbiased decision based on those facts.
Recorder Tennant read a Land Use statement required by ORS
197.763.
Community Development Director Goeckritz entered the following
exhibits into the record:
(1) Exhibit 1 - Staff report submitted to the Council for this
meeting; (2) Exhibit 2 - BP Group Inc. study that was done for
Miles Chevrolet by consultants representing the applicant; (3)
Exhibit 3 - Planning commission findings for December 8, 1994
that substantiate the Commission's decision to approve the
application; and (4) Written testimony by proponents and
opponents.
He stated that Miles Chevrolet has submitted an application
that would (1) amend the zone map from Commercial Office (CO)
to Commercial Retail (CR) for a 6.4 acre parcel of land
located west of the 1-5 interchange and (2) approve the site
plan for an auto sales lot. He provided background
information on this application which consisted of an initial
hearing before the Planning commission on July 14, 1994 which
resulted in a denial of the application, subsequent appeal to
the Council and, following their hearing, remand back to the
Planning commission to review additional testimony. The
Commission held another hearing on November 10, 1994 and,
after closing the hearing, decided to approve the application
with conditions. The Commission took official action to
accept the findings for approval on December 8, 1994 and those
findings are part of the staff report submitted as Exhibit #1.
Director Goeckritz stated that the Comprehensive Plan Map
designates the land as Commercial. There are five commercial
designations: 1) Commercial Office, 2) Commercial Retail, 3)
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commercial General, 4) Interchange District, and 5) Commercial
Business.
In regards to the site plan, the proposed auto sales lot would
have over 1 acre of landscaping, a building consisting of
approximately 14,000 sq. feet, and approximately 5 acres of
paved surface for access, customer parking, loading/unloading,
and display of automobiles. Under the current plan, Arney
Road will require a 1/2 street improvement plus improvements
at the Arney Road/Hwy. 219 area to provide sufficient turning
radius for large convoy trucks to enter the east driveway area
into the auto sales lot. Originally, a road was to have been
built on the north side of the development to provide traffic
circulation from Arney Rd. to Woodland Ave.. However, the
developer will now only be required to improve approximately
125 feet from Woodland Ave. east and the remainder of the
proposed roadway be dedicated for future roadway use. The
dedicated roadway would not be improved until such time as
additional development in that area occurs. The developer
will also be required to provide some improvements along
Woodland Avenue. He stated that council alternatives are 1)
approve the zone change and the site plan review, with
conditions established or 2) deny the application. staff will
provide for findings and conclusions for either alternative in
Ordinance form at a subsequent meeting.
Dan Frickey, traffic engineer from the Oregon state Highway
Department, stated that ODOT has been working toward a traffic
circulation pattern and ODOT has decided that Woodland Avenue
is the best alternative available to re-route traffic from the
Arney Road area. The Arney Road intersection is too close to
the interchange for traffic progression and ODOT has
designated Woodland Avenue as the next location for traffic
signalization on the west side of the interchange once the
traffic warrants have been met. It was also noted that Arney
Road is a frontage road which is owned by the state.
Wally Lien, attorney representing Miles Chevrolet, stated that
the applicant has been trying to work out the details of
concerns from local residents including the traffic situation.
The applicant is willing to do various improvements at this
time which amount to approximately $325,000. They are willing
to work towards a comprise in order to get this issue resolved
and are willing to protect the residential area from any
through traffic until such time as additional developments to
the northeast are approved which would require the improvement
of the roadway on the north side of their property. They have
incorporated additional landscaping to help with the buffering
between the commercial and residential property. Other
changes that have been made from the original plan include
redesigning the building so loading/unloading of vehicles can
occur on the east side of the property, the building will only
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February 27, 1995
be 1 story in height, there will be no PA system and employees
will wear pagers, special light shields will be installed, and
security guard(s) will be on site to reduce vandalism. In
regards to the traffic issue on Woodland Avenue, the driveway
across from Myrtle street will be a right-turn only from the
auto sales lot once a traffic light is installed at the
Woodland/Hwy. 219 intersection. Approximately 40 feet of the
center island near the north end of the property will be lost
for roadway purposes and trees within the wetlands will not be
removed. A major development in the area would trigger
signalization along with other road improvements. He stated
that the applicant has been working with their neighbors to
address issues of concern and he urged the Council to concur
with the Planning commission on their findings in favor of the
application.
Robert Earl, 5511 S. Sconce Rd., stated that he was one of the
initial participants of the initial survey of the property.
He has been a businessman in this community for over 30 years
and has watched Woodburn grow. While working at the site, he
observed signs of people living in the back area of the
property at night and development of the property would
eliminate this problem and provide more security for the
residents in the neighborhood. He spoke in support of the
application for zone change and site plan review approval.
MaryAnn Imblum, 3117 Myrtle, spoke in favor of the proposed
auto sales lot citing the ability to have one owner to contact
regarding concerns about the property and/or security issues
as an advantage for the residents who live within close
proximity of the business. She also stated that Mr. Miles has
tried to work with the neighbors to address their concerns and
that he is being considerate to the residents within the
neighborhood in putting this development together.
Bernadine Imblum, 3117 Myrtle, stated that she was also
speaking on behalf of 7 individuals in her neighborhood who
are more than willing to have the Miles Chevrolet development
at the corner of Woodland Avenue and Highway 219.
Carl Brown, 914 Meadowvale Lane, spoke in support of the
application and felt that the Miles family is more than
willing to work with the local residents to put their auto
dealership at that site with as little impact as possible.
Miles Chevrolet has done a great job in supporting our
community and he urged the Council to support them on this
project.
Mindy Smith, 305 McLaughlin, also spoke favorably on the
application. She stated that, within our community, Miles
Chevrolet has been an outstanding contributor to our community
including her #1 cause the McTutor Program. She is extremely
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impressed with what they are willing to do for our city as it
appears on the plans.
Randy Saunders, representing the Chamber of Commerce, spoke in
support of the Miles Chevrolet application based on the
business reputation and their commitment to Woodburn.
Jim Olson, owner of property near Front & Oak st., stated that
Land Use plans in the 1970's encouraged growth in the downtown
area versus Hwy. 99E, however, plans are continually changed
or modified to meet development needs and growth is now shown
on Hwy. 214 and Hwy. 99E. He urged Council approval of the
proposed zone map amendment and site plan review.
Carlile Ramon, Pastor of the Seventh Day Adventist Church, 782
Willow, stated that growth is inevitable and he welcomes any
change when it is for the betterment of the community. Even
though he, along with many of his church members do not live
in the neighborhood, they do own property adjacent to
Burlingham Park and feel that Mr. Miles has diligently worked
to accommodate the residents as much as possible. Mr. Miles
is a long-time businessman within our community and supporter
of numerous activities. He urged Council approval of the
application.
Layton Frawley, 1243 Woodland Avenue, spoke in opposition to
the application citing traffic and neighborhood issues as
reasons for denial. He was concerned with the issue of public
need since other property in town is already designated as
commercial Retail that could be used for an auto sales lot and
he did not feel that an auto sales lot was the best use of the
land at that particular location. He also questioned if the
roadway would be mandated between Arney Road and Woodland Ave.
Jose Gonzalez, 3388 Jory st., expressed his opinion that the
applicant has not shown that the Comprehensive Plan was in
error. He was concerned about the follow through on promises
made by Mr. Miles to the residents within the West Woodburn
area. He felt that the residents were the losers in this case
since the developer and City had been pursuing road
improvements between Arney Road and Woodland which would
eventually increase traffic in the residential neighborhood.
He felt that a hearing should be held on the question of
signalizing Woodland Avenue and he also felt that there was
sufficient land currently available for a car dealership
without redesignating more property.
John Zobrist, 923 Willow, stated that there have been a lot of
changes in the developer's proposal since it first appeared
before the Planning Commission. He was concerned about the
traffic within the neighborhoods and the potential loss of the
median strip if the roadway is widened. He provided the
Council with copies of an excerpt from the January 25, 1995
issue of the Wilsonville Spokesman newspaper to illustrate his
concerns regarding traffic before a traffic plan is adopted by
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the Council. He briefly addressed concerns regarding the
aesthetics of the area and potential decrease in property
values resulting from the placement of a auto sales lot at
that location.
Tape 2 Sy Miegs, 1710 Woodland Ave., questioned why the Council was
even considering a change to the zoning map until all existing
CR land is depleted. In regards to the traffic, the new plan
to only improve 125 feet will help temporarily, but it is
unknown as to when commercial traffic will be dumped onto a
residential collector street. He stated that the land is
currently zoned Commercial Office which provides for multiple
uses. He also suggested an alternative to the traffic flow in
that the Miles property be divided into two parcels and Arney
Road be moved west of its current location thereby eliminating
the need for Woodland Avenue as the main collector street on
the north side of Highway 214.
0232 Wally Lien, attorney representing Miles Chevrolet, stated that
they had numerous meetings with the City, public, and ODOT
regarding the roadway issues. ODOT wants the connection at
Woodland Avenue for a potential signal at that intersection.
Once a major development occurs near 1-5, there will be a need
to connect Arney Road with Woodland Avenue. The two potential
areas for this connection is (1) the north side of the Miles
Chevrolet property, and/or (2) near the Jory/steven/Nekia
street area near the northerly end of Woodland Avenue. In
regards to promises made, those promises are part of the
conditions of approval which are legal commitments to be
enforced by the city. The issue before the Council is a zone
map amendment rather than a Comprehensive Plan map change.
Traffic studies indicate that office malls have a traffic
impact of 2,000 or more cars per day whereas a car dealership
have 200 cars per day. The berm along the west side of the
property would give Woodland Avenue the continued aesthetic
look for a nicely landscaped entrance area. The applicant has
tried to work with the neighborhood to address their concerns
and, whenever possible, made adjustments to meet those
concerns.
Mayor Kirksey declared the public hearing closed at 8:50 p.m..
Councilor Figley stated that her concerns originally involved
1) test driving of vehicles in the residential areas and 2)
the need to have the dealership not look like the typical auto
sales lot that you might see in the Portland area. She stated
that the site plan as resubmitted addresses her concerns and
the widening of Arney Rd. to accommodate the large convoy
trucks will help to reduce the amount of truck traffic on
Woodland Avenue. She expressed her opinion that the applicant
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has tried to mitigate the issue and feels that the applicant
has met the burden of proof.
councilor Jennings expressed his opinion that the developer
has met the criteria which would allow for the zone change and
he did not feel that the 7 parcels of existing commercial
Retail inventory met the applicant's business needs. He
stated that Bob Kendall Chevrolet in Vancouver is also located
adjacent to a residential area and his establishment has
changed the concept as to where this type of business could be
located. Kendall Chevrolet has also been recently cited for
their contributions to their community. He felt that the
dealership would have a low traffic impact in comparison to an
office complex and Arney Road will continue to be a topic of
discussion in the years to come. In regards to the state,
they do not want to destroy the wetlands and they will be
redirecting traffic from Arney Road to Woodland Avenue at some
point in the future.
Councilor Hagenauer also voiced his support for the proposed
development.
Councilor Sifuentez stated that a lot of study has gone into
this proposal which she feels is good for the area. She also
believes that Miles Chevrolet will be putting their promises
in place and this project will be good for the community. She
feels for the residents in the area and knows what it is like
to live on a busy street, however, Woodburn continues to
prosper and grow.
Councilor Chadwick stated that her initial concern was test
driving in the residential area which will now be prohibited
as one of the conditions. In addition, the proposed landscape
design will make the area more attractive.
Councilor Pugh stated that Miles Chevrolet has gone out of
their way to make this development work both financially and
to make it as pleasant and aesthetically pleasing as possible
to the neighborhood. He expressed concern on the traffic
situation since some of it may be redirected down to willow
Avenue which is only one of two streets within the West
Woodburn development that exit onto Highway 219. There is a
lot of children in that area and safety if a major concern.
He expressed concern over the possibility of allowing Nekia
street to open to the east and creating a substantial amount
of traffic flow down Woodland Avenue to Highway 219. He
stated that he would continue with his vote in opposition of
the application because of his concerns on the roadway issues.
Mayor Kirksey stated that it appears that Miles Chevrolet has
met the criteria, however, she is also concerned about the
traffic issue. She would like to see a traffic signal at the
Woodland AvenuefHwy. 219 intersection. She also suggested
that the Council consider the vacation of the dedicated street
east of Woodland near Nekia st. area in order to keep future
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traffic from any large developments away from the residential
area.
1203 JENNINGS/FIGLEy.... support the decision of the Planning
Commission and staff prepare an ordinance with findings in
favor of the zone change amendment and site plan review with
the conditions recommended by the Planning commission. On
roll call vote, the motion passed 5-1 with Councilor pugh
voting nay.
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The Council took a recess from 9:12 p.m. to 9:21 p.m..
COUNCIL BILL 1610 - ORDINANCE ANNEXING 22 ACRES LOCATED WEST
OF BOONES FERRY RD. AND NORTH OF LINCOLN ELEMENTARY SCHOOL.
AMENDING THE WOODBURN ZONING MAP. AND APPROVING THE
PRELIMINARY SUBDIVISION PLAT FOR HENRY FARMS.
Council Bill 1610 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 1610 duly passed.
COUNCIL BILL 1611 - RESOLUTION CALLING FOR A PUBLIC HEARING ON
THE ANNEXATION OF 19.6 ACRES OF PROPERTY LOCATED IN THE
SOUTHWEST OUADRANT OF THE 1-5 INTERCHANGE AREA.
Council Bill 1611 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 Council Bill
1611 duly passed. The hearing is scheduled for March 27,
1995.
TRANSFER OF LIOUOR LICENSE (FORMERLY KNOWN AS PUB 99. 1032 N.
PACIFIC HIGHWAY).
Chief Wright stated that the applicant, Yee, Inc., has had 16
years in the liquor serving business and has not been involved
in illegal activities or the subject of a criminal
investigation. Ken Yee, one of the principal owners, has
operated The pier restaurant on Highway 99E for the past year
and he has received only one warning violation. In regards to
the drug investigation that culminated on January 12, 1995
with the arrest of several individuals at the location, Chief
Wright stated that Mr. Yee had assumed the business 48 hours
before the drug bust. Mr. Yee immediately closed the business
and has voluntarily kept the business closed to this date.
The Chief stated that Mr. Yee has agreed to a compliance plan
and he has pledged his support in working with the Police
Department. Extensive remodeling will be done at the
establishment and a video monitoring system installed for
viewing by the department on an as needed basis. Chief Wright
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stated that he has had a positive working relationship with
Mr. Yee as of this date.
Ken Yee, owner, stated that his family has been in the
restaurant business for many years and he purchased the pier
Restaurant about 1 year ago. He and his family have been
concerned about the reputation of Pub 99 and its effect on the
pier and, as a result, decided to purchase the business. They
hope to change the clientele at the tavern and, to some
degree, at the Mall 99 area. He is ready to adhere to the
provisions within the compliance plan and he does not want
drugs or violence at either of his establishments.
Chief Wright recommended approval of the transfer of license
of the Pub 99-Ray's Sports Bar to Yee Inc., Woodburn Corner
Sports Pub, with the Compliance Plan as special conditions.
JENNINGS/PUGH.... accept the Police Chief's recommendation to
grant the liquor license transfer with the compliance plan as
special conditions. The motion passed unanimously.
SALUD CLINIC DANGEROUS BUILDING ISSUE.
Based on the discussions held during the February 15th
workshop,
JENNINGS/FIGLEy.... delay any action until the March 27, 1995
Council meeting. The motion passed 5-0-1 with Councilor
sifuentez abstaining.
TRAFFIC IMPACT FEE ISSUE REI DOWNTOWN HISTORIC DISTRICT.
JENNINGS/FIGLEY... for any business who chooses to remodel in
the Historic District, the Traffic Impact Fee be reduced by
50%.
Councilor Figley stated that she would like to get some
financial statistics on this issue before a final decision is
made.
Councilor Jennings expressed his opinion that some concessions
need to be made in order to attract businesses to the downtown
area, however, staff needs to research this issue and provide
a report on the feasibility of this or any other type of
incentive program.
Councilor Pugh suggested that the city may want to look at
forming a Task Force to address this issue along with other
options in order to encourage growth in the downtown area.
Mayor Kirksey expressed her opinion that the City needs to
look at both options since there is a need to encourage
revitalization of the downtown area.
Councilor Jennings also suggested that the property owner
could pursue the appeals process in the ordinance is try and
obtain some relief from the current TIF fee structure.
JENNINGS/FIGLEy.... request city Administrator to look into
the possible establishment of a Task Force to work with staff
in reviewing the TIF procedure for the historic area with the
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possibility of revising that procedure. The motion passed
unanimously.
JENNINGS/FIGLEY... city be instructed to reply to the letter
from Engle & Schmidtman regarding the Salvadore Larios issue
and recommend that he apply for relief through the procedures
outlined in the ordinance. The motion passed unanimously.
2019 STAFF REPORTS.
(A) citywide Clean-up Day --- On March 18 and 19, 1995,
united Disposal Service will again provide drop boxes at
selected locations for disposal of yard debris. The location
of the drop boxes are as follows: (1) South Settlemier parking
lot; (2) Alexandria Ave. behind city shop complex; (3) West
Woodburn's Burlingham Park; (4) Downtown parking lot adjacent
to the Post Office; and (5) Senior Estates Clubhouse parking
lot.
(B) Mill Creek Lift station Pump Update -- Public Works
Manager Rohman stated that the pump had been repaired earlier
in the month, however, the machining of the new shaft did not
fit the bearing properly causing the pump to fail again. The
shaft was again removed and a new shaft will be installed
tomorrow at no cost to the City.
(C) st. Patrick's Day Parade -- the Woodburn st. Patrick's
Day Committee Inc. has received approval from the Oregon
Department of Transportation to use the same parade route as
last year (starting at Bi-Mart parking lot, east on Hwy. 214,
then south on Hwy. 99E to Cleveland Street). The Police
Department has also issued a permit for the parade which will
be held on saturday, March 18th, beginning at 11:00 a.m.. The
Police Department will be working in conjunction with the
street Department in providing traffic control.
2245 Councilor Jennings questioned if the telephone booth near the
Elk's Lodge (409 N. Front) could be removed from that specific
location and, if possible, put across the street.
Staff indicated that the phone booth was in the pUblic right-
of-way and the city could designate the location of the phone
booth.
JENNINGS/HAGENAUER.... investigate the relocation of the phone
booth and, if possible, have it placed on the south side of
Hayes street. The motion passed unanimously.
Councilor Sifuentez stated that the swimming pool is making
progress and the bricks will be sold until April 1st.
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PUGH/JENNINGS.... city pursue the closure of Nekia street
stub.
Councilor Jennings stated that he would like staff input on
the proposed vacation of the street prior to a public hearing
on the issue.
Councilor Pugh felt that the closure should be made since the
residents in the area present at the hearing are expecting the
closure.
Mayor Kirksey reminded the public that the Berry Museum
Theater was showing an old film entitled "You Can't Take It
with You" on Thursday at 2:00 p.m.. She also stated Bill and
Carla Coleman will be performing "Tenting Tonight" on March 3,
4, 5, 10, 11, and 12th at the Bungalow Theater.
ADJOURNMENT.
JENNINGS/FIGLEy.... meeting be adjourned. The motion passed
unanimously.
The meeting adjourned at 9:57 p.m..
APPROVED21y---- ~/) ~~
N Y A. K SEY, MAYOR
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Mary ~nant, Recorder
City of Woodburn, Oregon
Page 12 - Council Meeting Minutes, February 27, 1995
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