Minutes - 06/27/1994
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COUNCIL MEETING MINUTES
June 27, 1994
DATE. COUNCIL CHAMBERS, CITY BALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, JUNE 27, 1994.
CONVENED. The Council met in regular session at 7:00 p.m.
with Mayor Kelley presiding.
ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Kelley
Figley
Galvin
Hagenauer
Jennings
Mitchell
Sifuentez
Present
Present
Present
Present
Present
Present
Absent
staff Present:
city Administrator Childs, City Attorney Shields, Public Works
Director Tiwari, community Development Director Goeckritz,
Police Lt. Eubank, Public Works Manager Rohman, Library
Director Sprauer, Finance Director Gritta, 9-1-1
Communications Manager Wolf, city Recorder Tennant
MINUTES.
JENNINGS/FIGLEY... approve the Council minutes of June 13,
1994 and accept the Planning commission minutes of June 9,
1994.
Mayor Kelley requested that the Council minutes be amended
regarding the proposed Council Bill authorizing a
communication site lease (tape 3, 0035) to include health
concerns as it relates to the children area surrounding the
tower.
JENNINGS/FIGLEy.... amend the Council minutes of June 13th as
recommended by the Mayor. The motion to amend passed
unanimously.
The motion to approve the Council minutes as amended and to
accept the Planning commission minutes passed unanimously.
LIBRARY HOURS EFFECTIVE JULY 5. 1994.
with the start of the new fiscal year, Library hours have been
expanded by a total of 7 hours each week. New hours are as
follows:
Tuesday and Wednesday
Thursday and Friday
Saturday
sunday and Monday
10:00 am -
10:00 am -
10:00 am -
Closed
9:00 pm
6:00 pm
4:00 pm
CHAMBER OF COMMERCE REPORT.
Donna Hendrick, Chamber Board member, read a letter to the
Council and pUblic expressing the Chamber's appreciation to
the businesses, volunteers, and the community for their
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participation in the Settlemier Days activities. She stated
that this letter will also be published in the Woodburn
Independent.
WOODBURN COMEBACK CAMPAIGN REPORT.
Lt. Eubank, Chairman of the 4th of July Celebration, advised
the public that their next meeting will be held on Wednesday,
6:30 p.m., at City Hall. He invited interested individuals to
attend the meeting. In addition, he stated that more
volunteers are needed to assist the committee on July 4th.
Virginia Hunt, 781 Oregon Way, suggested that the City print
the words "stop" on the pavement at the intersection of Oregon
Way and Hayes Street as an additional reminder to motorists
that there is a stop sign ahead.
PUBLIC HEARING - ZONING ORDINANCE AMENDMENTS TO THE DOWNTOWN
HISTORIC DISTRICT.
Mayor Kelley declared the public hearing open at 7:08 p.m..
community Development Director Goeckritz provided a staff
report on this issue and stated that the proposed amendments
are not a quick-fix to the situation but feels that over time
the stricter requirements will have a positive affect on the
beautification of the downtown area. The Planning commission
has recommended the adoption of the amendments. He also
reviewed the area defined as the Downtown Historic District
which was established many years ago. The main objective of
the amendments is to have exterior alterations and new
businesses improve the buildings under certain standards. A
workshop was held on this issue in which there was minimal
participation from the public. A public hearing was also held
before the Planning Commission at which time no adverse
comments were made by the pUblic. The Woodburn Downtown
Association (WDA) has assisted the staff and Planning
commission in formulating the proposed amendments.
Councilor Jennings questioned 1) why WDA should direct staff
rather than request (page 3(2)); 2) restriction of bars on
windows and doors; and 3) the status of the ordinance if the
WDA folds.
Director Goeckritz stated that bars on windows and doors of
existing businesses will be grandfathered into the ordinance,
however, future businesses will not be allowed to have the
bars since the WDA and Commission feel that bars sets up an
atmosphere of a closed and/or threatened environment. If the
WDA folds, provisions would still require Planning Commission
review. He stated that a statement could be added to the
proposed amendments dealing with this issue to make it clear
that the Planning commission would review the applications and
owners would be required to follow through on the process.
Brent Reddaway, WDA President, read a letter from WDA
encouraging the Council to adopt the proposed amendments to
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the Downtown Historic District.
No one in the audience spoke in opposition to the proposed
amendments.
Mayor Kelley declared the hearing closed at 7:20 p.m..
JENNINGS/FIGLEY...
The motion passed unanimously.
CONTINUATION OP PUBLIC REARiNG - COUNTRY CLUB ROAD RIGRT-OP-
WAY VACATION.
Mayor Kelley continued the public hearing at 7:22 p.m..
For the record, Councilor Jennings stated that, following the
June 13th hearing, he has had conversations with staff on this
issue and made site visits to view the situation. He also
stated that ex-parte contact was not involved during this time
period.
Public Works Director Tiwari reviewed background information
which was covered at the last meeting and reiterated that a
utility easement would be retained by the City if the vacation
is approved. He proceeded to discuss the traffic plan as
proposed at the last meeting by Mr. Gheen. This plan would
provide for a 90 degree turn at the Oregon Way/Rainier
Road/Country Club Road intersection. He stated that he had
contacted the State Highway Department who is now willing to
work with the City with whatever proposal is selected. The
City had briefly reviewed the 90 degree turn proposal in 1990,
however, it was not seriously considered due to the close
proximity of the Rainier Rd/Stanfield Rd intersection to the
proposed location of the realigned roadway. He also reviewed
several other options that were considered by the city and
state in 1990 and 1992. The option previously selected
involves a sweeping curve which is still the most desirable
option from an engineering perspective. This option was
designed before any building proposals were ever made to the
City.
Public Works Manager Rohman reviewed the locations of stop
signs in the affected area if the roadway was extended to
Rainier Road and a 90 degree turn made in order to reach
country Club Road. He stated that the stop sign on Stanfield
Road would be too close to the Rainier Rd. stop sign. The
State was also concern that motorists traveling east on
Rainier Rd would see the green traffic light on Highway 214
and proceed to the Hwy. 214 intersection without stopping at
the stop sign. The State also admits that the sweeping curve
design is not perfect, however, they feel it is the best
solution in redesigning the roadway.
Administrator Childs stated that he had gone to the
intersection on June 14th and took several photographs of the
traffic during two cycles of the traffic light to illustrate
the traffic congestion in the area of Hwy. 214, Country Club
Road, Rainier Road, and the first access to Fairway Plaza.
Director Tiwari stated that he is willing to shift the 2nd
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access to Fairway Plaza to a location in between the existing
accesses. He stated that he has seriously considered the
alternative plan discussed at the last meeting, has had
discussions with the state Highway Dept. on the alternative
plan, and has ultimately come back to the sweeping curve
design. He also advised the Council that there were
insufficient remonstrances to stop the vacation at this time.
councilor Jennings proposed the closure of the existing
accesses to the Plaza and constructing a new access with one
ingress and 2 egresses at a location between the existing ones
that would be agreed to by the city and businesses within the
Plaza. He felt that re-positioning the access would reduce
the stacking of vehicles waiting for the drive-up windows to
Kentucky Fried Chicken and us Bank.
Councilor Galvin questioned the amount of confusion that may
be involved with motorists using the refuge lane and the close
proximity of the Sandwich Shop if it is approved.
Director Tiwari stated that he did not see a problem since the
Sandwich Shop would have a low vehicular traffic rate in
comparison with the Plaza. In order to enter the Sandwich
Shop, motorists will be making a 90 degree turn which would be
safe. In regards to Kentucky Fried Chicken, they own property
on the corner but their only access to roadways are from
Fairway Plaza.
Dan Glennon, representing business owners of Fairway Plaza,
stated that if the Council would consider the suggestion of
Councilor Jennings to relocate the access and make one ingress
and 2 egresses, the businesses in the mall would agree to the
proposal. The business owners continue to feel that the bank
generates a lot of traffic and 2 egresses would help to solve
the situation.
Fran Olson, representing SENA, read a letter to the Council
(opponent Exhibit #7) reiterating their concerns on the
traffic situation and the effect that the realignment will
have on adjacent streets. In their opinion, the roadway
should not be realigned, however, in the event that
realignment takes place, there should not be egress from the
Sandwich Shop directly onto Highway 214 due to its close
proximity to the traffic signal.
Doc Gheen, 2035 Camilla Way, stated that he did not have any
opposition to the Sandwich Shop that may be constructed,
however, he was concern about the pedestrians who would be
crossing the streets. He emphasized the need for safety and
suggested that a 90 degree turn would be most beneficial for
the area. Project costs would be reduced by as much as
$100,000 if the 90 degree turn concept is approved.
Betty Stuchlik stated that she felt the refuge lane would be
used to much by motorists considering the short distance it is
away from Highway 214.
Virginia Hunt suggested that the traffic light on Oregon Way
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be eliminated and a stop sign concept similar to Cascade Drive
be put into place.
Preston Tack, referring to the overhead on the traffic flow
with the 90 degree concept, questioned why a stop sign would
need to be placed on Rainier Road on the east end of Stanfield
Road.
Public Works Director Tiwari stated that the Stanfield Road
intersection is a part of the total problem in that particular
area since it is a separate intersection from Oregon Way and
Rainier Road. If the 90 degree turn is approved rather than
the sweeping curve, the Council would need to determine if
traffic would be free flowing on Rainier Road. In response to
other issues addressed by the public, he stated that moving
the access further north will improve the traffic flow to
Kentucky Fried Chicken. He also stated that sidewalks will be
a part of the realignment project and pedestrian use of marked
sidewalks and signalized crossing areas are the safest method
even though they may have to walk a little further to cross
the street. Audible crossing signals will be included in the
project.
Mayor Kelley declared the hearing closed at 8:23 p.m..
The Council discussed the issues brought before them and
expressed their opinions on the proposed vacation and
realignment.
JENNINGS/FIGLEY... approve the vacation of the property and
the staff be instructed to bring an ordinance back containing
the three (3) conditions be included (1) the utility easement,
(2) the replacement right-of-way be deeded to the City, and
(3) that both the north and south entrances as the currently
exist be closed and a single entrance off of Country Club Road
be constructed to the maximum width established by City
standards in between those two entrances with the exact
position of the entrance be in concert with the property owner
and the city.
PLANNING COMMISSION RECOMMENDATION RE: SANDWICH EXPRESS.
JENNINGS/FIGLEy.... remove the Sandwich Express issue (Site
Plan #94-01) from the table. The motion passed unanimously.
Director Goeckritz briefly reviewed the Planning Commission's
decision of June 9, 1994 to approve the Sandwich Express site
plan. He stated that the next step of this process would be
for the Council to instruct staff to prepare an ordinance with
findings and conclusions either in favor or denial of the site
plan.
JENNINGS/HAGENAUER.... staff be directed to prepare a proposed
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ordinance to approve the site plan as recommended by the
Planning Commission.
Attorney Shields stated that this is a land-use decision and
staff will prepare findings in favor of the site plan.
councilor Figley expressed her concern regarding the right
turn exit onto Highway 214 but she would defer this issue to
the State since they make the final decision on access to the
Highway.
On roll call vote, the motion passed unanimously.
COUNCIL BILL 1558 - RESOLUTION AUTHORIZING THE TRANSFER OF
APPROPRIATIONS WITHIN A FUND DURING FISCAL YEAR 1993-94.
Council Bill 1558 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 Kelley declared Council Bill
1558 duly passed.
COUNCIL BILL 1559 - RESOLUTION AUTHORIZING AGREEMENT TO
SUPPLEMENTAL AGREEMENT #12.399 FOR THE EXTENSION OF TIME TO
COMPLETE THE TRANSPORTATION ENGINEERING ANALYSIS REGARDING THE
HIGHWAY 214/1-5 INTERCHANGE.
Council Bill 1559 was introduced by Councilor Hagenauer.
Recorder Tennant read the bill by title only since there were
no objections from the Council. On roll call vote for final
passage, Council Bill 1559 passed unanimously. Mayor Kelley
declared the bill duly passed.
COUNCIL BILL 1560 - RESOLUTION ADOPTING AN INVESTMENT POLICY.
SELECTION CRITERIA. AND ESTABLISHMENT OF AN INSTITUTIONAL
CUSTODY AGREEMENT.
Councilor Hagenauer introduced Council Bill 1560. 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 Kelley declared the bill duly passed.
COUNCIL BILL 1561 - ORDINANCE ADOPTING THE 1994-95 CITY
BUDGET. MAKING APPROPRIATIONS. AND LEVYING TAXES.
Council Bill 1561 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 Kelley declared Council Bill 1561 duly passed with the
emergency clause.
COUNCIL BILL 1562 - ORDINANCE ANNEXING PROPERTY LOCATED WEST
OF ELANA WAY AND NORTH OF PARR ROAD. AMENDING THE
COMPREHENSIVE PLAN FROM RS TO RH. AND CHANGING THE ZONE
DESIGNATION FROM COUNTY UTF TO CITY RH.
Council Bill 1562 was introduced by Councilor Hagenauer. The
two readings of the bill were read by title only since there
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were no objections from the Council. On roll call vote for
final passage, Council Bill 1562 passed unanimously. Mayor
Kelley declared the bill duly passed with the emergency
clause.
0395 REOUEST FOR TEMPORARY STREET CLOSURE - PARK AVENUE.
A request for temporary closure of Park Avenue between James
street and Alexandra Ave. was made by Drums of Fire, Inc., in
conjunction with the Drums of Fire Music Games. Staff
recommended that the temporary closure be granted for June 30,
1994.
Councilor Jennings declared a potential conflict of interest
on this issue since he is the Treasurer of the organization.
FIGLEy/MITCHELL.... authorize the closure of Park Avenue
between James street and Alexandra Ave. from 12:00 noon until
the conclusion of the show. The motion passed 4-0-1 with
Jennings abstaining.
0430 SELECTION OF PREFERRED WASTEWATER TREATMENT ALTERNATIVE.
Councilor Mitchell advised the Council that the Wastewater
Advisory Committee is recommending that Council adopt the
alternative that would expand and upgrade the treatment plant
at the existing site using mechanical filtration and storage
to meet State DEQ permit requirements. In addition, the
material submitted by Mayor Kelley will be reviewed by staff
and the Committee will consider this alternative prior to the
public hearings process before the Council.
Mayor Kelley stated that he has booklets available for Council
review which further describes the treatment process in a
large city back east. He stated that he has viewed a plant
with this technology which may ultimately save the City a lot
money.
JENNINGS/FIGLEy.... approve the recommendation of the
Wastewater Advisory committee as outlined in the memo from the
Public Works Director dated June 23, 1994. The motion passed
unanimously.
0651 Bruce Thomas, 795 corby st., informed the Council that the
graffiti has been on the old Bank Building (199 N. Front st.)
for approximately 8 weeks and he questioned if anything could
be done to remove the graffiti.
Director Goeckritz stated that staff has been trying to
contact the owner in an attempt to have the graffiti removed.
Public Works Director Tiwari also stated that his department
had tried to contact the owner in May during Public Works Week
to obtain permission to remove the graffiti. Once each year,
pUblic works employees volunteer time on a Saturday for a
specific project and this year's project was to spray paint
over graffiti in the downtown area.
Mayor Kelley also reminded the Council that the owner has
until December 31st to make repairs to the building.
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JENNINGS/FIGLEy.... paint the word "STOP" on the pavement at
the Hayes Street/Oregon Way intersection as suggested by
virginia Hunt. The motion passed unanimously.
SXTE PLAN REVXEW.
1) French prairie Middle School Modular Classroom
Councilor Jennings expressed his opinion that the placement of
the modular classroom could have been in a better location
than the one proposed by the school and approved by the
Planning Commission.
No action was taken by the Council on this site plan.
2) site Plan Review #94-10 "Old City Hall" building --
Administrative site plan review approval has been given for
the renovation of a portion of the building which will house a
restaurant. Director Goeckritz stated that the owner will
have to meet the standards for fire, health, and safety.
STAFF REPORTS.
(A) Water Report -- Public Works Director Tiwari advised the
Council that two water wells are under construction and/or
repairs. He requested that the public not waste any water
over the next three weeks at which time all of the wells
should be operational.
(B) Legion Park picnic pavilion -- The reconstruction
project is almost complete and the initial use of the site
will be for the July 4th Chuckwagon Breakfast.
(C) Towing Ordinance Staff Report
Councilor Jennings apologized for missing the workshop on June
20th regarding the Neighborhood Associations. He stated that
he had overlooked the meeting date on his calendar.
Councilor Figley also apologized for not attending the
workshop citing business commitments as her inability to
participate in the discussion.
She also commended the staff for pursuing a competitive bid
process versus a negotiated sale of the swimming pool bonds.
The interest rate under the competitive sale proved to be
lower than what the City would have been able to obtain from a
negotiated sale.
Councilor Mitchell briefly summarized the workshop by stating
that there were two underlying themes those being respect and
cooperation. He encouraged the Council to keep those words in
mind when future discussions are held on neighborhood
associations.
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Mayor Kelley suggested that the Council give there fullest
attention to the wastewater treatment process that he has
provided to the staff for review.
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EXECUTIVE SESSION.
JENNINGS/FIGLEy.... adjourn to executive session 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 under the authority of ORS 192.660(1) (h).
The motion passed unanimously.
The meeting adjourned to executive session at 9:04 p.m. and
reconvened at 9:23 p.m..
Mayor Kelley stated that no decisions will be made by the
Council following the executive session.
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ADJOURNMENT.
FIGLEy/JENNINGS.... meeting be adjourned. The motion passed
unanimously. The meeting adjourned at 9:24 p.m..
APPROVED
~LL{~YOR
ATTEST
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Mary Ten ant, Recorder
city of Woodburn, Oregon
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