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Minutes - 06/27/1994 TAPE READING 0001 0013 0025 0061 0075 ~ 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 Page 1 - Council Meeting Minutes, June 27, 1994 ~ , 'F TAPE READING 0122 ~ 0196 , ..-,.. COUNCIL MEETING MINUTES June 27, 1994 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 Page 2 - Council Meeting Minutes, June 27, 1994 ,.. TAPE READING 0575 0590 .~ ! COUNCIL MEETING MINUTES June 27, 1994 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 Page 3 - Council Meeting Minutes, June 27, 1994 ~ TAPE READING 1932 2001 ,'-" . COUNCIL MEETING MINUTES June 27, 1994 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 Page 4 - Council Meeting Minutes, June 27, 1994 "'IT" TAPE READING 2526 2882 Tape 2 0063 "-1- COUNCIL MEETING MINUTES June 27, 1994 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 Page 5 - council Meeting Minutes, June 27, 1994 T TAPE READING 0207 0239 0264 0304 .2.lll "-.,, COUNCIL MEETING MINUTES June 27, 1994 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 Page 6 - Council Meeting Minutes, June 27, 1994 "" ~ COUNCIL MEETING MINUTES June 27, 1994 TAPE READING 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. Page 7 - Council Meeting Minutes, June 27, 1994 v TAPE READING 0753 0775 0884 0967 0985 -. ~ COUNCXL KBBTXNG KXNVTBS June 27, 1994 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. Page 8 - Council Meeting Minutes, June 27, 1994 " - ~ COUNCIL MEETING MINUTES June 27, 1994 TAPE READING Mayor Kelley suggested that the Council give there fullest attention to the wastewater treatment process that he has provided to the staff for review. 1125 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. 1090 ADJOURNMENT. FIGLEy/JENNINGS.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:24 p.m.. APPROVED ~LL{~YOR ATTEST fY\~-+- Mary Ten ant, Recorder city of Woodburn, Oregon Page 9 - Council Meeting Minutes, June 27, 1994 ~