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Minutes - 09/28/1992 -, - ....... COUNCIL MEETING MINUTES September 28, 1992 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 28, 1992. 0003 CONVENED. The Council met in regular session at 7:00 p.m. with Council President Jennings presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kyser Figley Galvin Hagenauer Jennings Sifuentez Steen Absent Present Present Present Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Park Director Holly, Finance Director Gritta, Library Director Sprauer, Public Works Manager Rohman 0019 MINUTES. FIGLEY /SIFUENTEZ.... City Council minutes of September 14, 1992 be approved and the Planning Commission minutes of September 10, 1992 be accepted. The motion passed unanimously. 0030 PROCLAMATION - DISABILITY AWARENESS MONTH. Council President Jennings stated that the Mayor had issued a proclamation which declared the month of October 1992 as Disability Employment Awareness Month. 0045 CHAMBER OF COMMERCE REPORT. Jack Berkey, Chamber Director, stated that Norma Paulus will be the guest speaker at the Chamber's luncheon forum on October 21st which will be held at the Elk's lodge. In addition, the Chamber is planning to make the auction an annual event. Page 1 - Council Meeting Minutes, September 28, 1992 IT --....~. ,- .-... COUNCIL MEETING MINUTES September 28, 1992 TAPE READING 0095 PUBLIC HEARING - ANNEXATION OF 48 ACRES LOCATED ON THE SOUTH SIDE OF PARR ROAD (92-03), ZONE MAP AMENDMENT. AND CONDITIONAL USE. Council President Jennings declared the public hearing open at 7:04 p.m.. Community Development Director Goeckritz read the required statement which outlined the proposed annexation, zone map amendment from Marion County urban transition to City single family residential, and the conditional use submitted by the applicant, Woodburn School District. The Planning Commission has reviewed and recommended approval of the School District's requests. Director Goeckritz proceeded to review each staff report which included the findings for each request. In addition, the City has received a notarized letter from the property owners requesting the annexation. The property is located on the south side of Parr Road between Brandywine subdivision on the east and Centennial Park on the west. 0530 Dave Christoff, realtor of record for the Woodburn School District, stated that the School District has done a thorough study of the district needs and, with the assistance of their architects and other consulting engineers, have determined that this property site would meet the schools needs logistically. The traffic issue, however, needs to be evaluated by the City and become a part of the City's overall transportation plan. Keith Robinson, Woodburn School District Superintendent, spoke briefly on the demographics and the need for additional classroom space due to growth within the community. He stated that it is necessary for the district to have their property issues in place before a bond issue is passed so that they can be ready to expand the school facilities and ease overcrowding. Marshall Hankerson, School Board Chairman, stated that the 48 acre site is large enough to accommodate either an elementary or high school and is close to Centennial Park. 0778 Lynn Kelly, 931 Gatch Street, spoke in opposition to the proposal since the school district already has sufficient land to build additional buildings. Dave Christoff stated that their is available land at Washington School but the current land configuration is not conducive to the district's needs. The School District will need additional sites to meet the estimated growth within the schools, however, the district may decide at a later date to expand current facilities in addition to new site facilities. 0942 Councilor Galvin questioned the potential traffic problems on Parr Road when a school is built on the property. Page 2 - Council Meeting Minutes, September 28, 1992 IT - ~,,~ .~ ..-, COUNCIL MEETING MINUTES September 28, 1992 TAPE READING Public Works Director Tiwari stated that Parr Road improvements will be required when the school is built. On a long-term basis, there has been discussion on a south by-pass which would be placed on the south side of the property and Parr Road would be a regular east-west street rather than a major arterial. He stated that it is not intended that Parr Road would turn into another Highway 214 and that improvements will have to be made to meet whatever traffic flow is generated from increased growth on the southern portion of the city limits. During Council discussion on the proposal, the major concern was traffic impact as land within that particular area and west to 1-5 begins to develop. The public hearing was declared closed at 7:40 p.m.. 1218 FIGLEY /SIFUENTEZ.... the request for annexation, zone map amendment, and conditional use be approved as recommended by the Planning Commission, and direct staff to draft an ordinance with findings in favor. The motion passed unanimously. 1269 PUBLIC HEARING - ANNEXATION (#92-02) AND COMPREHENSIVE PLAN MAP CHANGE (#92-02) - 173 ACRES ADJACENT TO 1-5 AND SOUTH OF HWY. 214. Council President Jennings declared the public hearing open at 7:44 p.m.. Community Development Director Goeckritz read the required statement regarding the proposed annexation, and comprehensive plan map change for the approximately 174 acres which is located adjacent to 1-5, south of Highway 214, and bordered by Evergreen Road and West Hayes Street. He also stated that the following materials are entered into the record in its entirety: 1) applicants report, 2) City staff Planning report, 3) City staff Planning comments, 4) written comments from the State, 5) written testimony from people who were at the previous hearing, and 6) Woodburn traffic impact analysis study. The applicant, Capital Development, originally requested 1) annexation of the property which is located within the Urban Growth Boundary, 2) modification of the zone designations and 3) comprehensive land designations which would include commercial, multi-family, and single family. However, the State Transportation rule required a transportation study prior to any zone changes, therefore, that portion of the reqest is not included in the current proposal. Director Goeckritz reviewed all of the conditions as recommended and approved by the Planning Commission along with the transportation issues that are associated with this proposal. Once the transportation plan is completed, the developers can file an applications for a zone change and the City could Page 3 - Council Meeting Minutes, September 28, 1992 IT _. ,....,. ~. ._- COUNCIL MEETING MINUTES September 28, 1992 TAPE READING then review the reconfiguration of the land designations through another hearings process. 2356 Cindy Nelson, representing Capital Development, stated that they have owned the property for approximately one year and that they intend to have the property completely developed within the next 13-15 years. She gave a slide presentation on the company's development activities which includes design and construction of schools, office and retail buildings, shopping centers, and property management. She expressed her support for the development of a transportation plan and hoped that any other major commercial activity proposed in the 1-5 interchange area would be included in that study. In regards to stages of development, she stated that Phase I would include 800,000 square feet of commercial property and 10 acres of multi-family development. Commercial development would be the primary development in Phase I and may need to be scaled down depending upon the outcome of the transportation study. She also stated that Capital Development was in agreement with the process to reconfigure the land designations after the transportation plan is completed. Jim Thomspon, 331 S. Columbia, questioned as to when residents can provide input regarding the need for a buffer zone between the Senior Estates property and the proposed development. Council President Jennings stated that the land just west of the Senior Estates property is dedicated roadway and it can be vacated depending upon what the community and City would want to do with the property. Any changes would require Planning Commission review and citizens would be able to provide input on the issue. Dan Glennon, 1460 Walton Way, stated that he was representing a property owner who lives out-of-state and is providing testimony on his behalf. The property is located southeast of and adjacent to the proposed acreage and the property owner is in favor of the annexation. Kay Grodd, Columbia Drive, questioned the current zoning of the property and Planning Commission's decision to make the annexation conditional upon Capital Development agreeing to rezoning of the property. Community Development Director stated that the original proposal included changes in the zone map, however, this portion of the proposal was eliminated following the receipt of a letter from the State Highway Department regarding the Oregon Transportation Rule. Once the property is annexed, the applicant would be required to resubmit the zone change proposals and public hearings would be held on the proposals. Tape Page 4 - Council Meeting Minutes, September 28, 1992 IT -- - - COUNCIL MEETING MINUTES September 28, 1992 TAPE READING #2 Following the answer to her question, Ms. Grodd expressed her opposition to the proposed annexation since the future development would disrupt the peace and quietness of their neighborhood. 0095 Keith Woolen, 259 Clackamas Circle, he expressed concern about the need for a transportation plan to solve traffic problems which currently exist. In addition, he objected to the annexation, partitioning, and proposed zone changes since current city services are inadequate to meet current needs. 0505 Hazel Smith, 105 Ben Browns Lane, stated that her property adjoins the proposed annexed area on the south side and she questioned the proposed plans for drainage of the ground water and the location of sewer lines. Director Tiwari stated that the project itself has not been fully identified, however, the staff will be looking at the retention system which will have a requirement that the flow from the surface be similar to what is coming now. Until the engineering stage is reached, it is difficult to determine the specifics since the type and number of structures has not been finalized. Gordan Grodd, Columbia Drive, expressed his opposition since the proposed development would place a tremendous load on the infrastructure and traffic problems. 0684 During rebuttal, Cindy Nelson stated that she hoped her company would help the City to resolve some of the traffic problems. In order to develop this property, she stated that they would have to incur a substantial expense to develop and install infrastructure to city standards. She also stated that development of the property may take several years, however, it is not a continuous process. 0805 The public hearing was declared closed at 8:57 p.m.. Following some brief comments by the Councilors, FIGLEY /SIFUENTEZ.... accept the recommendation of the Planning Commission for the annexation and comprehensive plan change subiect to the conditions of the approval stated in the recommendation and instruct the staff to draft an ordinance so stating. The motion passed unanimously. 1054 COUNCIL BILL 1421 - SIGN ORDINANCE. Council Bill 1421 was introduced by Councilor Hagenauer. Finance Director Gritta 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. Council President Jennings declared the bill duly passed with the emergency clause. Page 5 - Council Meeting Minutes, September 28, 1992 IIr - --. - ..-.., COUNCIL MEETING MINUTES September 28, 1992 TAPE READING 1121 COUNCIL BILL 1422 - RESOLUTION SETTING A PUBLIC HEARING DATE ON THE RENEWAL OF THE NORTHLAND CABLE TV FRANCHISE. Council Bill 1422 was introd uced by Hagenauer. The bill was read by title only since there were no objections from the Council. Council President Jennings stated that the proposed resolution does not have a specific date for the hearing listed. HAGENAUER/FIGLEY... amend Section 1 to add the date of October 12, 1992, 7:00 p.m. for conducting the public hearing. The motion passed unanimously. On roll call vote for final passage, the bill passed unanimously. Council President Jennings declared the Council Bill 1422 duly passed. 1208 COUNCIL BILL 1423 - RESOLUTION CALLING FOR PUBLIC HEARING ON ANNEXATION OF PROPERTY LOCATED WEST OF 1-5 AND NORTH OF HIGHWAY 214. Councilor Hagenauer introduced Council Bill 1423. The bill was read by title only since there were no objections from the Council. Council President Jennings stated that the hearing will be held on October 12, 1992 at 7:00 p.m.. On roll call vote for final passage, Council Bill 1423 passed unanimously. Council President Jennings declared the bill duly passed. 1250 REQUEST FOR TEMPORARY EXTENSION LIQUOR LICENSE AND CLOSURE: LA LINDA'S RESTAURANT. Chief Wright recommended the approval of the request from owner Erasmo Carbajal to extend live music and closure of the premises for a private party on Thursday, October 1, 1992 from 8:00 p.m. to 2:00 a.m., and that the noise from the music be kept within the building. FIGLEY /SIFUENTEZ... request to extend live music and closure of the premises for a private party on Thursday, October 1, 1992, be approved subject to the condition that the music noise be kept within the building. The motion passed unanimously. 1294 BID AWARD - LOADER BACKHOE. Public Works Manager Rohman stated that bids had been received from the following vendors for the purchase of a loader backhoe which replaces a unit purchased in 1977: Hessell Tractor and Equipment, $41,546.00; Star Rental and Sales, $$42,995.00; Case Power and Equipment, $44,300.00; Salem Ford New Holland, $45,200.00; and The Halton Company, $45,627.00. FIGLEY ISIFUENTEZ.... award the bid to Hessell Tractor and Equipment for a loader backhoe in the amount of $41,546.00. The motion passed unanimsouly. Page 6 - Council Meeting Minutes, September 28, 1992 IT - - .......1 COUNCIL MEETING MINUTES September 28, 1992 TAPE READING 1362 SITE PLAN REVIEW. At the September 10, 1992 Planning Commission meeting, the Commission approved the site plan for the placement of aCari's Jr. restaurant adjacent to Lawson Avenue near Stacy Allison Way. The Council took no action on this issue. 1413 Councilor Sifuentez stated that she is getting more complaints on the traffic speed on E. Lincoln Street and has contacted Chief Wright regarding the problem. 1462 ADJOURNMENT. The meeting adjourned at 9:15 p.m.. APPROVED ~ W ~ FRED W. KYSER, . OR ATTEST /~ fhvv.wd-: Mary T nant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, September 28, 1992 IT