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Minutes - 03/14/2005 COUNCIL MEETING MINUTES MARCH 14, 2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 14,2005. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0030 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present (7:08 p.m.) Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Police Chief Russell, Public Works Director Tiwari, Public Works Manager Rohman, Community Development Director Mulder, Park & Recreation Director Westrick, Finance Director Gillespie, Senior Planner Zwerdling, Senior Engineering Technician Scott, Recorder Tennant 0071 ANNOUNCEMENTS. A) Public hearing to consider the City's Periodic Review work program will be held before the City Council on March 28, 2005, 7:00 pm, in the City Hall Council Chambers. B) Woodburn Public Library will be closed on March 27, 2005 in observance of Easter. 0091 PRESENTATION: CHAMBER OF COMMERCE YOUTH LEADERSHIP. Cristal Sandoval and Yesnia Chavez provided a brief report on the activities the Chamber's Youth Leadership group are currently involved in which help students develop skills to become leaders. At the last meeting, the program focused on community service which included a site visit to Silverton Hospital to show students what volunteer programs are available during the summer months. Other speakers at their meeting included an ODOT representative on responsible driving, AmeriCorps program presentation, and a representative from Cascade Retirement on volunteering. Yesnia Chavez stated that she is currently on the Library Board which has given her an opportunity to become more involved in the community. Cristal Sandoval stated that she is currently on the Parks & Recreation Board and the most recent Leadership group meeting reminded her of how much she needs to give back to the community. Mayor Figley thanked the girls for their participation on the respective Boards. Page 1 - Council Meeting Minutes, March 14, 2005 - 1 COUNCIL MEETING MINUTES MARCH 14, 2005 TAPE READING 0236 PRESENTATION: TEEN SCENE UPDATE. Dusky Steyeart, Teen Scene Coordinator, stated that students are participating in art programs on Tuesday and Thursday, a multi-fitness program will begin in April, a Hip- Hop 101 program is nearing completion with a performance scheduled at the High School's May Day program, computer labs will be located at each center, teen scene swims continue to be successful and are held throughout the school year, and monthly teen dances are held. During spring break, she has been planning a multitude of activities in order to keep teens busy. She stated that they have been averaging about 35 middle school students daily at the middle school center whereas they have about 25 high school students daily at the high school center. During April and May, they will be working on a Career program at the high school center in an effort to help students in how to write a resume and interview for a job. She stated that staff is working on the grant application for the next funding cycle and is looking for other funding sources to expand programs for our teens. In regards to the ages of teens attending the centers, she stated that the middle school center has mostly sixth and seventh graders while the high school center has mainly ninth and tenth graders. 0700 PRESENTATION: SOUTH FRONT STREET RECONSTRUCTION AND WIDENING PROJECT. Public Works Director Tiwari stated that South Front Street is a narrow street in a deteriorated condition. The City did install drain tile about 7-10 years ago but it has not been fully connected therefore surface drainage is not good as it should be. This project is one of the urban renewal capital projects and improving this street will fulfill one of the Council goals. It was also noted that this roadway is a designated truck route and an improvement to this street will fulfill future Settlemier Park traffic flow needs. The proposed improvement will extend from Parr Road to Cleveland Street and, after it is fully improved, it will include a turn lane and a 10-foot combined sidewalk/bikelane which will be separated by a landscape strip or a parking space. There will be some on- street parking on the west side of the street, however, the proposed plan will allow for 20 spaces whereas there are 23 lots along the street. He stated that parking may be a problem in the event a resident is having a large gathering at their home. The Council could consider the purchase of a lot with a home currently on it and then convert it into a parking lot for approximately $150,000. The estimated cost for the street improvement, excluding a parking lot, is $611,000 which is the amount budgeted within the Urban Renewal budget. If it is decided to purchase a lot for a parking lot, then some additional funding source will be needed to complete this portion of the project such as a local improvement district. He suggested that the additional parking lot not be pursued since it does not appear to be cost effective to the property owners. He stated that once South Front Street is improved, it is anticipated that Settlemier Avenue will have a lesser amount of truck traffic. Page 2 - Council Meeting Minutes, March 14, 2005 11" COUNCIL MEETING MINUTES MARCH 14,2005 TAPE READING Councilor McCallum requested clarification on the number of phases and length of time to complete the street improvement project from Parr Road to Highway 214. Director Tiwari stated that the South Front Street project will be completed this summer, the next phase (Cleveland Street to Harrison Street or Hardcastle Avenue) will be the following year, and the third phase (Harrison or Hardcastle to Highway 214) will be done in 2007. When the project is in progress, homeowners will have access to their homes but all other traffic will be detoured. Staff will give homeowners advance notice when access will be limited. 1964 Councilor McCallum questioned if there were plans in place to keep North Front Street passable until such time as the street is improved in 2007. Director Tiwari stated that some surface improvements will be necessary during the interim but it will be kept to the minimum degree. Councilor Cox questioned if the $150,000 for the parking lot included the land cost. Director Tiwari stated that it did include the land cost. In regards to the sidewalk / bikelane, the 10-foot width will meet the state recommendation as long as it is separated from the roadway and, in this case, a landscape strip will separate the road from the sidewalk / bikelane. Brief discussion was also held regarding the number of homes that will have a driveway that will be shorter in length whereby they will be unable to park their vehicle in their driveway. Director Tiwari stated that many of the garages are sitting on the back of the property but there are 3 or 4 homes that will have some difficulty to park their vehicles like they are at this time. Councilor Cox questioned if the City would need to acquire any right-of-way on the west side of the street. Director Tiwari stated that there will only be one area in which there is a need to acquire an easement for the sidewalk and if the easement cannot be obtained, then there will be a minor adjustment made to the design in that area. Councilor Bjelland questioned the financing sources for this improvement. Director Tiwari stated that the project, excluding the off-street parking option, would be financed by the urban renewal district. If it is decided to pursue the off-street parking lot concept, then he would propose that the cost for this improvement be paid for through a local improvement district. However, he did not recommend that the parking lot option be pursued due to the high cost that would be assessed to the property owners along this street. 2531 Administrator Brown provided additional information to the Council on the financing of this project. In the past, property owners have shared in the cost of the improvements since City funding sources were limited. In this case, Front Street is part of the urban renewal district and improvement of this street is listed as a capital improvement to the downtown area. Staff did not pursue an local improvement district on this project since there were dedicated funds in the urban renewal budget for this improvement. On an on- going basis, staff would like the Council to take that same approach with other projects Page 3 - Council Meeting Minutes, March 14,2005 - 1!' COUNCIL MEETING MINUTES MARCH 14, 2005 TAPE READING whereas if dedicated funding sources are found then property owners do not need to participate in an local improvement district. He stated that urban renewal does not cover the entire cost of this proj ect from Parr Road to Highway 214. There will be about $1 million difference between the funding sources and staff feels that they do have funding sources to fill the gap but it may be necessary to talk to the Council about some cost sharing arrangement as it gets closer to finishing this project in 2007. In regards to the loss parking, another option that may be available involves a lot line adjustment on property adjacent to 8ettlemier Park that was recently acquired by the City. A strip of parking could be constructed on the southeast section of Settlemier Park property at a cost of $30,000 to $40,000 rather than $150,000. Councilor Lonergan questioned if the project included undergrounding of utilities. Administrator Brown stated that the Council had let the contract for the undergrounding at the last Council meeting and the project cost included the undergrounding. Councilor Cox concurred with the idea of not forming a local improvement district since the property owners will most likely feel that the project will not be of benefit to them especially since they are losing parking area in front of their homes. As the project moves to the north especially in the commercial area, then the Council may want to consider a local improvement district since business property benefits more tangibly then a residence. Following discussion on this issue, it was agreed that there is a need to establish a Council position that can be followed in the future on financing projects. For this particular project, it was the consensus of the Council to move ahead with the South Front Street improvement project and no local improvement district be formed. Staff will review the existing policy and prepare a report that will formalize the need that has been discussed at this meeting to protect the Council in the future. 3636 CHAMBER OF COMMERCE REPORT. Ruby Wolfer, representing the Chamber of Commerce, stated that the Chamber is actively moving forward to become the tourist gateway in the northern Marion County region. A tourism committee has been formed that is representative of the entire French Prairie Region which includes Hubbard, 8t. Paul, Aurora, Woodburn, Mt. Angel, and Silverton. This committee is working on a 5-year tourism development strategic plan and marketing plan. The Chamber's Visitor Center will soon be located in the Woodburn Company Stores and having the Center more accessible to the public will mean that they will be able to influence the travel itinerary and travel destination of visitors. The Chamber is gearing up for the additional responsibility that will be necessary when the Visitor Center is opened at the Woodburn Company Stores and they will be taking a pro-active position in tourism on a state-wide basis. She also reported on the following upcoming Chamber events: 1) Distinguished Service Awards Banquet - March 18,2005 2) Tulip Booth at Woodburn Company Stores - March 19,2005 Page 4 - Council Meeting Minutes, March 14, 2005 w COUNCIL MEETING MINUTES MARCH 14, 2005 TAPE READING 3) French Prairie Region, in cooperation with the Chamber, will host a tent at the Wooden Shoe on April 9 and 10, 2005 4) Woodburn Community Auction will be held on Apri116, 2005 5) Chamber Forum will held on March 16,2005 and their guest speaker will talk on the Woodburn School Initiative Programs. 3975 WOODBURN SCHOOL DISTRICT REPORT. Jeanne Hahn, School District Communications Specialist, invited the Mayor and Council to attend a community meeting at the high school on Tuesday, March 15,2005,6:30 p.m., to receive information from the various teams that have researched the break from one large high school complex into 4 smaller high schools. The teams have visited several sites throughout the United States and they will be sharing the successes these schools have had with this concept utilizing first a panel discussion process followed by a question and answer session. The next step ofthe process will be to submit letters of intent to write a small school proposal. She also mentioned that Key Communicator's meetings will be held on March 29,2005,6:30 p.m., at Lincoln Elementary School, and on March 30, 2005, 7:00 a.m., at Lincoln Elementary School. 4239 WOODBURN DOWNTOWN ASSOCIATION (WDA) REPORT. Martin Ochoa, WDA President, stated that WDA meetings will be changed to the 151 and 3rd Wednesday's of each month from 7:30 am to 8:30 am. The WDA is also working on a progressive dinner as a fundraiser and is tentatively scheduled for August. Additionally, a WDA sub-committee is working on downtown events. Bruce Thomas stated that the Farmer's Market will be opened on Saturdays from May 14, 2005 until October 15, 2005. Jose Falcon is this year's organizer for this event and he has been actively recruiting vendors. For our area, the Farmer's Market provides fresh vegetables and fruit grown in Oregon whereby individuals with WIC coupons designated specifically for these products can use their coupons at this market. 4506 CONSENT AGENDA. A) approve Council meeting minutes of February 28,2005; B) accept the draft Recreation and Parks Board minutes of March 8, 2005; C) accept the Planning Commission minutes of February 24,2005; D) receive the Building Activity report for February 2005; E) receive the Planning Tracking Sheet dated March 3, 2005; and F) receive the Police Department Statistical report for February 2005. Councilor McCallum stated that the Recreation and Parks Board minutes outlined some basic concerns Mr. Hernandez had expressed regarding fights and alcohol use during last year's adult soccer program. He requested background information from Director Westrick on this situation along with information on how his department will be working to correct this problem. Page 5 - Council Meeting Minutes, March 14,2005 - 11' COUNCIL MEETING MINUTES MARCH 14, 2005 TAPE READING Director Westrick stated that the concerns were centered mainly around Centennial Park and most his concerns have been addressed with the Leagues and with the Recreation Department's operational practices. This summer there will be a one-way traffic loop in Centennial Park utilizing the Water Division property which will then allow the Recreation Department an opportunity to inspect cars as they come in to make sure that alcohol is not being brought into the park. Additionally, persons or organizations renting park facilities will be required to hire security to check coolers for alcohol since most of the problems that have occurred are related to alcohol use while in the park. Another issue they will be working on this year is monitoring soccer fields being used by one organizer so that other soccer league teams do not come in and use those fields unless they have rented the soccer facilities. MCCALLUM/COX... adopt the consent agenda as presented. The motion passed unanimously. 5053 PUBLIC HEARING: ZONE CHANGE 04-04 - Property Located at 2325 N. Boones Ferry Road. Mayor Figley referred to a Section of the Woodburn Development Ordinance which allows for the decision maker (Mayor and Council) to reasonably limit oral presentations in length or content depending upon time constraints and to be sure content is relevant. She stated that she will be imposing a limit of 10 minutes on all applicants, proponents, and opponents. Even though this is a de novo hearing, the Mayor and Council have access to the minutes of the Planning Commission and a large amount of material submitted by different people with different opinions on this topic. She encouraged speakers at this hearing to address issues that they feel have not been adequately addressed in previous decision making. She will give some additional time to presenters if members of the Council have any questions in order to clarify information. Mayor Figley declared the public hearing open at 8:16 p.m.. For the record, Mayor Figley stated that she had received correspondence from Mr. Allen Hubenthal and when she read the letter and realized it was on an item that would be coming up for a quasi judicial hearing, he gave it to the City Attorney since it was not appropriate for her to respond. She has made this statement for the record to state that having received this letter will not influence any decision she may make tonight. Additionally, the City Recorder has copies of the original letter and the response if any other parties are interested at this material. Councilor Cox stated that he was on the Planning Commission when this same general project was heard and approved a few years ago and stated that it will not affect his decision tonight. Councilor Lonergan stated that he was also on the Planning Commission when this project was heard and it will not affect his decision. Councilor McCallum stated that he is familiar with the location of the property, he has known property owners Mr. & Mrs. Gascho for some years, he has personally known Page 6 - Council Meeting Minutes, March 14, 2005 - 1 COUNCIL MEETING MINUTES MARCH 14,2005 TAPE READING Attorney Wally Gutz1er for many years, and, before his retirement, he had done a lot of business with the law firm Mr. Gutz1er is associated with. Recorder Tennant read the land use statement required under ORS Chapter 197. 5941 Senior Planner Zwerd1ing reviewed the staff memo dated March 14,2005 outlining the Planning Commission's recommendation to approve Zone Change 04-04 subject to conditions contained in the Commission's Final Order dated January 27,2005. She stated that the Final Order recommended that the zone change from Single Family Residential (RS) to Medium Density Residential (RM) be allowed with the condition that the property be restricted to those uses allowed in the Single Family Residential District and assisted living facilities and nursing care facilities. On March 27,2000, the City Council adopted an ordinance which annexed a majority of the property, changed the comprehensive plan designation from low density residential to high density residential, changed the zone from single family residential to medium family residential, and a site plan review for a 122 Alzheimer's Assisted Living Units. The applicant did not go through with the site plan review request based on a competing facility to be located on the south side of Woodburn. As a result, the site plan review expired and the zoning remained single family residential. The applicant has submitted another request to change the zoning on the property from single family residential to medium density residential basing their application on a demand for additional elderly units. A concern in the previous decisions as well as in this case relate to the uses allowed on that property regarding multi-family residential units. The applicant has brought forth the condition that the zone change just to allow for all uses allowed for in a single family residential zone plus assisted living and nursing care facilities. She stated that the applicant did meet all of the applicable review criteria. (Staff Exhibit #1) 6339 Tony Kreitzberg, applicant, stated that the project had been delayed since Country Meadows had been developed first and was creating too much capacity in the marketplace. The Council's main concern at that time was they did not want a regular apartment complex at that location since they felt it would too much of an impact in that area, therefore, the zone reverted back to single family residential. The purpose of this application is to go back to the medium density residential zone (RM) which is consistent with the current Comprehensive Plan. A site plan will come before the Planning Commission at a later date and undergo a public review process. One of the things that has changed over the years is that development standards are more strict than when the first site plan was presented to the City which lessen even further any potential impact on the neighbors in the area. One of the criteria is to establish a need for this type of facility and the applicant did a demographic analysis in 2004 and it determined that 2,410 people over the age of75 lived within a 3-mile radius of Woodburn. Currently in the Woodburn area there are 6 facilities of which 96 units are available for independent living and 174 units for assisted living. Based on market research, the existing facilities in the City are close to capacity. By the time this facility is built, there will be a substantial need for this Page 7 - Council Meeting Minutes, March 14, 2005 '" COUNCIL MEETING MINUTES MARCH 14, 2005 TAPE READING kind of facility. The second criteria relates to the property being the best suited for this type of use compared to other properties already zoned RM. This site is 4.83 acres and anything smaller would be too small for the facility being planned. Within the City, there are only two properties that are larger than the subject property one of which is 7.84 acres with no city services available to it and the other parcel is 22 acres. This particular site has distinct advantages in that it is located on an arterial street, in close proximity to ambulance and medical services, close to public transportation, it is convenient to churches, dental offices, and other commercial offices, and it has city services available for this type of development. Another advantage to this type of development is that it adds property tax revenues to the community, it does not impact the school system, and has traffic generation is less than a single family development especially during peak travel time. He expressed his opinion that the facility will fit in well at that location and be of great benefit to the City. Tape 2 Councilor Lonergan questioned as to why the number of proposed has been changed from 120 units to 102 units. Mr. Kreitzberg stated that number of units were reduced in order to lessen the impact on the neighbors. In regards to potential construction, no schedule has been established but the developers would like to move forward with this project because ofthe demand for this type of facility. Councilor Bjelland questioned if the population in the project is basically market rate tenants or will there be some state subsidized tenants. Mr. Kreitzberg requested that Mr. Gutz1er answer that particular question since he will be the developer on this project and will be better able to answer the question. 0207 Wally Gutzler, General Counsel and Executive Vice President of Sun West Management, stated that Sun West Management has an agreement with the property owners to acquire the property for this development. His company did not develop the property five years ago because 1) Country Meadows was financed and ready to begin developing a facility, and 2) the recession affected the economy and their ability to get financing. His company has built in other states over the years but, until 6 months ago, they were unable to get financing to build in Oregon. It is his understanding that Country Meadows has just announced the development of a new addition but, to his understanding, it is independent living rather than his company's proposed assisted living with some memory care facility. He corrected comments made by Mr. Kreitzberg in that (1) small pets will be allowed as long as they can be kept inside and (2) no decision has been made yet as to whether or not any of the tenants will be state subsidized but, if they are, the tenants will be treated no differently since the accommodations are all the same. He also stated for the record that Mr. Hubenthal had called him to task because he had publicly said earlier this year that Sun West had never planned to build apartments on this land and Mr. Hubenthal felt that this was an end run by which Sun West Management would get this property re-zoned in order to get apartments on this property. He stated that his company has never had any plans to build apartments on the property, however, since he has mentioned that, he was Page 8 - Council Meeting Minutes, March 14, 2005 11' COUNCIL MEETING MINUTES MARCH 14, 2005 TAPE READING reminded that he did come here before the Planning Commission or Council about 11 or 12 years ago when he was working for another company that was interested in building apartments on this land. Another developer was proposing an apartment complex in the area which was not being well received by neighbors and his company decided not to pursue an apartment proposal for this parcel of land. Subsequently, Sun West became involved and they have always planned on an assisted living facility since that is the business they are in. The number of units is still unknown since there have been changes in the City's Development Ordinance and his company is re-figuring the design. They are also keeping in mind Mr. Hubentha1's objections as to the facility height and they are still looking at the whole project to make it as compatible with everyone as possible. For the record, he submitted the following letters as Exhibits: Applicant/Proponent Exhibit #1: Letter from Rosemary Hammack dated March 10, 2005 App1icant/Proponent Exhibit #2: Letter from Don Lindstrom dated March 9, 2005 Applicant/Proponent Exhibit #3: Letter from Ed and Pam Laramore dated March 10,2005 Councilor Lonergan questioned as to how many different planned unit developments Sun West has been involved with for assisted living. Mr. Gutz1er stated that Sun West Management has built about 35-40 facilities and they presently manage 127 facilities located within 22 states and have about 8,000 residents. The proposed development would have approximately 45 employees. 0758 Allen Hubentha1, 1223 Henry's Blvd, submitted into the record VHS video tapes (Opponent Exhibit #1 - Planning Commission meeting of January 13, 2005, and Exhibit #2 - Planning Commission meeting of September 13, 1999) in which Mr. Gutz1er is starting to recall things he said at the first Planning Commission hearing. He stated that the video tapes are ones that he made off of his television and, even though there was some technical difficulty by the cable TV at that time, the portion of the meeting pertaining to this issue is on the tape. He also provided audio tapes of those same meetings (Opponent Exhibit #3 - cassette tape of Planning Commission meeting dated September 23, 1999, and Exhibit #4 - cassette tape of Planning Commission meeting dated January 13, 2005). Mr. Hubentha1 disagreed with Mr. Gutz1er's statement that he could not obtain financing for this project until 6 months ago since he had pulled off of the internet information that Sun West had received financing from Red Mortgage Capital Inc for a trio of assisted living projects in Oregon in July 2002. He stated that the Council now has an opportunity to correct an erroneous decision that was made in 1999. If the Council approves the application, it would be a permanent zone change and since there is no site plan, any new buyer would be able to develop the property under the new zoning. He also made reference to WDO 4.101.02, Consolidated Applications, relating to comprehensive review of the entire development and its cumulative impacts. He reminded the Council that application does not mention any commitment to this project and, in his opinion, Mr. Gutzler avoided introducing himself as representing Sun West Management. Page 9 - Council Meeting Minutes, March 14, 2005 . COUNCIL MEETING MINUTES MARCH 14,2005 TAPE READING He referred back to Sun West's original application five years ago when they had received the original approval but over the next year failed to follow through with the development. He disagreed with the applicant's reason for not building the facility in 2000 since Country Meadows did not receive site plan approval from the City until May 2001 which was after the site plan approval on the Sun West property had already expired. Another criteria in the application addresses need and he has obtained a letter from Country Meadows stating that they have a 70% occupancy rate. Additionally he stated that it is his understanding that Countryside Living Alzheimer facility is no longer in operation and currently for sale. Councilor Cox questioned if there was an appeal to LUBA or some courts following the Council's original decision in 2000. Mr. Hubentha1 stated that there was an appeal. Councilor Cox questioned what would be in the tapes that would be relevant to the points he is making tonight. Mr. Hubentha1 wanted to show inconsistency in statements made by Mr. Gutz1er and that the property owner Mr. Gascho has always wanted to have apartments on that property even if it is five years later. He stated that there is no way that anyone can construe that there is any possible need for assisted living. The State of Oregon has a licensing moratorium in place. Councilor Cox agreed that Mr. Gutzler could have made inconsistent statements but if that is all that he would learn from watching or listening to the tapes then he did not feel that he needed to view the tapes. Mr. Hubentha1 agreed with Councilor Cox's statement. Councilor Bjelland questioned Mr. Hubentha1 about the moratorium on licensing assisted living facilities. Mr. Hubentha1 stated that there has been a moratorium for four years because nationwide there are too many assisted living facilities. According to Jim Carlson, President of Oregon Health Care Association, it will about 10 years before demand catches up with supply in Woodburn. Additionally, the average length of stay in assisted living is between 2.5 - 3 years. For the record, the following additional exhibits were submitted by Mr. Hubentha1: Opponent Exhibit #5- Letter from Kimberly Spinetta, Country Meadows Village Opponent Exhibit #6- Columbus Business First dated 7/18/02 on Red Finances Oregon Projects Opponent Exhibit #7- Letter from Allen Hubentha1 to City Council dated 3/14/05 Opponent Exhibit #8- Letter from Allen Hubentha1 to Planning Commission dated 01127/05 Opponent Exhibit #9- Letter from Dr. Alan Bates, State Senate District 3, dated 3/912005 Opponent Exhibit #10- AARP Research Assisted Living dated 21712005 Opponent Exhibit #11-The Business Journal of Portland dated 11/2/2004 Opponent Exhibit #12-The Business Journal of Portland dated 10/2512004 Opponent Exhibit #13-The Business Journal of Portland dated 3/1/2004 Page 10 - Council Meeting Minutes, March 14, 2005 - 1 COUNCIL MEETING MINUTES MARCH 14, 2005 TAPE READING Opponent Exhibit #14-The Business Journal of Portland dated 3/812004 Opponent Exhibit #15- Letter from Woodburn City Attorney N. Robert Shields dated 31712005 Opponent Exhibit #16- OAR 411-056-0007 Licensing Moratorium Opponent Exhibit #17- Senate Bill 510 1845 Wally Gutz1er stated that the Red Capital Mortgage loans referred to by Mr. Hubentha1 were made to Sun West Management but they were refinancing of existing properties and new construction financing has been difficult to obtain until more recently. In regards to building before Country Meadows, the original Council approval was appealed to LUBA and, pending appeal, Sun West did not have the right to move forward with the development. Sun West did get a building permit but they did not build and the permit expired. In regards to Country Meadows occupancy, he has not checked recently but it had previously been at 85% occupancy and his experience has shown that the rate tends to continue upward to about 95% occupancy. Mr. Hubentha1 mentioned the Countryside Living Alzheimer facility on the east side of town, however, this facility does not fit what his company considers to be an appropriate operation for their style and the only way they would operate that size of facility is in conjunction with adjoining building where they have assisted living. He reiterated that ifhe had misconstrued or misstated or has been inconsistent, it has been unintentional and he had tried to explain earlier on how that might have happened. He requested that the Council approve the zone change since they intend to build a development similar to what they had previously proposed. In regards to the moratorium, he agreed that there is a moratorium in place on constructing new assisted living facilities in Oregon which has been in effect since July 2001 and he expects the legislature to extend it for another two years. However, Sun West Management already has their license application and it is still good for this proposed development. Councilor Bjelland stated that the opponent had referred to a conjoined application of a site plan and zone change and inquired if staff had any response to his point that is what is required under the Woodburn Development Ordinance. City Attorney Shields stated that there is no requirement in the code that when you have a zone change that a specific site plan on that site be proposed. Sometimes applicants do have a site plan or conceptual site plan for consideration but this is not legally required. Mayor Figley declared the public hearing closed at 9:05 p.m.. Councilor Cox stated that many points raised by Mr. Hubenthal has been issues of personality in that there seems to be some conflict between Mr. Hubenthal and Mr. Gutzler. He realizes that Mr. Hubenthal opposes the project as a whole but a lot of the points he was making were issues that were not issues the Council needs to consider in order to make a decision. The two criteria before the Council are 1) need and 2) if the site best meets the needs relative to other available properties. In his opinion, those two tests have been met by the applicant. Additionally, the zone change being requested is very limited to a particular purpose and did not feel that the Council should think about what Page 11 - Council Meeting Minutes, March 14, 2005 - 11' COUNCIL MEETING MINUTES MARCH 14, 2005 TAPE READING other uses could be made of the property since there would be no other use other than assisted living facilities and nursing care facilities. He felt that ifthe zone change is approved as proposed, the property either be developed as proposed or it will stay as it currently is or it will be developed as single family. Mayor Figley agreed with Councilor Cox's comments and stated that the condition adequately addresses the concern that property will be developed as proposed or remain as single family residential. Councilor Bjelland stated that his only reservation is from the standpoint of need and felt that the financing market will dictate whether or not a facility is built. However, with this being a conditional zone change, it will protect the property from being a backdoor play for apartments. 2849 COX/MCCALLUM... approve Zone Change 04-04 as requested and direct staff to prepare an appropriate ordinance with findings to support the approval. On roll call vote, the motion passed unanimously. 2900 Mayor Figley called for a recess at 9:16 pm and reconvened at 9:21 pm. 2920 COUNCIL BILL NO. 2561 - ORDINANCE AMENDING ORDINANCE 2313 (wOODBURN DEVELOPMENT ORDINANCE) AND SETTING AN EFFECTIVE DATE. Councilor Sifuentez introduced Council Bill 2562. Recorder Tennant read the two readings ofthe bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2561 duly passed. 3016 COUNCIL BILL NO. 2562 - RESOLUTION ENTERING INTO THE STF 108 MARION COUNTY RURAL AGREEMENT WITH SALEM AREA TRANSIT DISTRICT FOR FISCAL YEAR 2004-05. Council Bill 2562 was introduced by Councilor Sifuentez. 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 Figley declared Council Bill 2562 duly passed. 3089 COUNCIL BILL 2563 - RESOLUTION REOUIRING WAIVER OF MEASURE 37 CLAIMS FOR PROPERTY OWNERS ANNEXING PROPERTY INTO THE CITY. Councilor Sifuentez introduced Council Bill 2563. The bill was read by title only since there were no objections from the Council. Councilor Cox stated that this waiver was approved in principle at the last meeting and the actual resolution meets his concerns. City Attorney Shields stated that this resolution would only affect future annexation applications. Councilor Bjelland questioned ifthis waiver would require the property owner to waive Page 12 - Council Meeting Minutes, March 14, 2005 . COUNCIL MEETING MINUTES MARCH 14, 2005 TAPE READING any future decisions that affect their property once they have been annexed. City Attorney Shields stated that the waiver would apply to any future Council decisions. Councilor Bjelland questioned as to where does this exempt and they waive future land use actions taken by the City. Attorney Shields stated that the resolution sets policy and that it would require all listed property owners to sign a waiver when submitting their application for annexation. The intent for bringing this resolution before the Council was to protect the City from having a property owner applying for annexation and, once annexed, turn around with a Ballot Measure 37 claim. The waiver itself states that by asking to be annexed the property owner is giving up a Ballot Measure 37 claim up until that point of time. On roll call vote, the bill passed unanimously. Mayor Figley declared Council Bill 2563 duly passed. 3872 COUNCIL BILL 2564 - RESOLUTION GRANTING UNITED DISPOSAL SERVICE. INC.. AN ADJUSTED RATE SCHEDULE FOR PROVIDING SOLID WASTE SERVICE WITHIN THE CITY AND REPEALING RESOLUTION 1688. Mayor Figley stated that the City Administrator had distributed a revised copy of Council Bill 2564 to the Council just prior to this meeting. Councilor Lonergan declared a conflict of interest since he works for Allied Waste which owns United Disposal and he has business dealings with United Disposal. Councilor Sifuentez introduced Council Bill 2564. Recorder Tennant read the bill by title only since there were no objections from the Council. Bob Sigloh, representing United Disposal Service, requested an 8% overall increase in rates which is approximately $1.00 - $2.00 per month to Woodburn residents depending upon the size of the service package. The last rate increase was in 1997 and, with the increased cost in equipment and general operational costs, they feel that they have held a tight line in overall expenses. In 2002, there was a pass-through rate adjustment to customers since Marion County had subsidized the yard debris disposal program up until 2002 and after that date, customers would have to pay the full cost of disposal. Councilor McCallum stated that there has been no rate adjustment over the past 8 years and requesting an 8% increase at this time seems to be a reasonable request. He also expressed his appreciation to United Disposal for being an excellent member of the community. Councilor Nichols questioned if United Disposal was considering the large blue containers. Mr. Sigloh stated that he had been discussing that program with the City Administrator and if the City is interested, it would be up to the City Council as to whether or not that program would go into effect. Of the cities that have implemented the program, they initially hear complaints from customers about the size of the containers but once they get use to it, they have a harder time pulling that program out ofthe community than they had putting the program in place. The yard debris program was the same with a lot of up front Page 13 - Council Meeting Minutes, March 14, 2005 . COUNCIL MEETING MINUTES MARCH 14,2005 TAPE READING concerns but now the customers seem to like the carts. Councilor Cox stated that this was a modest increase and the rates being charged are competitive with other surrounding areas. On roll call vote for final passage, the motion passed unanimously (Councilor Lonergan did not vote on this bill). Mayor Figley declared Council Bill 2564 duly passed. 4766 COUNCIL BILL 2565 - RESOLUTION AUTHORIZING TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2004-05. Council Bill 2565 was introduced by Councilor Sifuentez. 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 Figley declared Council Bill 2565 duly passed. 4844 BID AWARD FOR DOWNTOWN PLAZA CONSTRUCTION PROJECT. Bids were received from the following contractors: D & A General Contractors, Inc., $329,220.00; 2KG Contractors, Inc., $364,815.25; Nomarco, Inc., $390,075.74; D & D Concrete Utilities, $391,876.00; Axis Curb Company, $416,180.35; Paul Brothers, $440,618.25; JP Contractors, Inc., $540,882.00; and Brock Construction, $877,970.00. COX/NICHOLS ... award the bid for the Downtown Plaza construction project Phase I to D & A General Contractors, Inc., for $329,220.00 and delegate to the City Administrator the authority to award the contract for a negotiated price not to exceed $329,220.00. City Attorney Shields stated that staff had made a recommendation to reject the other two bids as not responsive. BJELLANDIMCCALLUM... amend the motion to reject the bid of No marco, Inc as not responsive since it contained mathematical inconsistencies between unit prices and totals and lacked the required unit price information; and further reject the bid from of2KG Contractors Inc as not responsive because the First Tier Subcontractor Disclosure Form was not submitted as required by statute. Councilor Cox questioned why the motion to reject is necessary since those bids were higher than the lowest responsible bidder. City Attorney agreed that the not responsive bids were higher but staff had included this just to cover all of its bases since staff does not have the authority to reject bids. The motion to amend the motion passed unanimously. Administrator Brown briefly reviewed how he intends to negotiate this contract so that the price will be locked as if all of the work will be completed and yet the City has the right to instruct the contractor not to perform certain landscaping and/or furnishing items in the event the City cannot obtain all of the funding to complete the project. The motion to award the contract passed unanimously. Page 14 - Council Meeting Minutes, March 14, 2005 ...,. '1t' COUNCIL MEETING MINUTES MARCH 14, 2005 TAPE READING 5284 ACCEPTANCE OF BANCROFT BOND APPLICATION. BJELLAND/LONERGAN... under the authority ofORS 223.210, the Council accept the Bancroft Bond application submitted by Jorge Bouchain, 1051 Orchard Lane, which was filed after the 10-day filing period on the E. Hardcastle Local Improvement District. The motion passed unanimously. 5341 EMERGENCY CLAUSE MEMO. COXlBJELLAND... direct staff to use as a guideline for what ordinances should or should not have emergency clause the standards outlined in City Attorney Shield's memo. Councilor Cox stated that the memo clearly sets forth the idea that certain actions definitely need to have an emergency clause. He feels that this is important since not everything the Council does is an emergency and the voters of the City have the right to call up the Council's actions by initiative petition to challenge an ordinance unless it has an emergency on it. In his opinion, there should be some thought given to the applicability of an emergency clause. Councilor McCallum stated that he did not have a problem with laying out the guidelines but he did not want to hamper staff or the Council in making the decision to include an emergency clause. Administrator Brown stated that future staff reports will include a reason as to why the emergency clause has been added to the proposed ordinance. The motion passed unanimously. 5724 LIOUOR LICENSE CHANGE OF OWNERSHIP - O'DONNELL ENTERPRISES DBA: WOODBURN STOP-N-GO 000 Arney Road). BJELLAND/LONERGAN.... approve a change of ownership application for Woodburn Stop-N-Go. Councilor McCallum expressed his concern about gasoline convenience stores providing alcoholic beverages and, in this case, it is a change of ownership and change in personnel. A key issue is proper training of staff and he asked Chief Russell to provide some background information on the OLCC Vendor Program. Chief Russell stated that the Responsible Vendor Program entails the training of staff, some agreements by the licensee that they will train staff within 3 days of hire, agreements that they will conduct themselves in a certain fashion, and it allows the vendor to escape some sanction in the event they participate and yet they are found to have sold alcohol to a minor. This is a voluntary program, however, some cities make a suggestion to the applicant that they participate in this program. Councilor McCallum stated that he would like to look at strengthening the training programs since he feels that there are a number of businesses that are lacking in this area. The motion passed 5-1 with Councilor Nichols voting nay. Page 15 - Council Meeting Minutes, March 14,2005 - 1 COUNCIL MEETING MINUTES MARCH 14, 2005 TAPE READING 6344 LIOUOR LICENSE APPLICATION - ZGHOUL. INC. DBA: WOODBURN STATION (formerly known as Exxon at 850 Lawson Avenue). A new Off Premise Sales liquor license application was submitted by A1i Zghou1 who will be operating a 24-hour gas station and convenience store with alcohol sales during approved hours. Councilor Cox questioned if this business recently opened a convenience store. Chief Russell stated that it is the intent of the owner to begin having a full-service convenience store at that location. Councilor McCallum questioned if the granting of this license prior to having a store would be allowed. Chief Russell stated that the applicant would have to follow OLCC rules. Under Oregon Administrative Rules, the City has to complete our process within 30 days whereas OLCC can hold off on making a final determination until such time as the applicant has completed their construction before an actual license is granted. LONERGAN/COX... approve the new outlet application for Woodburn Station. The motion passed 5-1 with Councilor Nichols voting nay. 6645 APPOINTMENT OF ADMINISTRATOR PRO-TEM. City Administrator Brown recommended the appointment of Public Works Director Tiwari as Administrator Pro-Tern while he is on vacation March 18, 2005 through March 27,2005. BJELLAND/NICHOLS... appoint Public Works Director Tiwari as City Administrator Pro-Tern for the period of March 18,2005 through March 27, 2005. The motion passed unanimously. Tape 3 0001 MAYOR AND COUNCIL REPORTS. Councilor Lonergan expressed his appreciation of City Attorney Shields efforts to keep the Council up to date on Measure 37 issues citing the example of the waiver which was adopted by the Council at this meeting. Councilor McCallum stated that Relay for Life had their kickoff event last Wednesday at Tukwila Center for Health and Medicine. The Relay will be held on June 24 and 25, 2005 and he thanked the Mayor for attending this event. Councilor McCallum also stated that there has been a lot of news on drought conditions for this year and he questioned if the City has a plan that can be utilized to get residents to conserve water. Public Works Director Tiwari stated that staff is prepared better than in the past but the City has not had as much of a water problem than some communities since our water is drawn from wells. The underground water strata is not expected to drop too much in a year. However, the City still promotes water conservation and more information will be made available to the residents in Mayor June. Page 16 - Council Meeting Minutes, March 14, 2005 .... v COUNCIL MEETING MINUTES MARCH 14, 2005 TAPE READING Councilor Bjelland thanked City Administrator Brown for his efforts in submitting the request to Representative Darlene Hooley which resulted in the allocation of $1 M in earmarked federal funds for the Woodburn interchange proj ect. This was a surprise to a lot of people but it was the Administrator's diligence to put forth the effort and Woodburn will benefit from this action. It will also help him in his role as Chair for MW ACT in keeping the interchange project alive for future funding. He also stated that the first meeting of the Area Managers of the different Area Commissions on Transportation (ACT) was held recently for the purpose of discussing issues that are common to the different areas. In the meeting, he suggested that the ACT's to be more proactive in promoting a financing mechanism that will better address Oregon's transportation needs because the existing situation is such that the State is falling behind with their funding and not being able to keep pace with the cost of inflation nor with the cost of doing the various projects. Councilor Cox questioned the status of the funds that were earmarked. Councilor Bjelland stated that it was a house bill and the next step is conference committee and hopefully it will survive that next level. He also suggested that an alternate be named for his position in case he is unable to attend an MW ACT meeting. Councilor Cox agreed to go as an alternate when needed. Mayor Figley stated that she and Administrator Brown had spent some time in discussions with Senator Courtney and Representative Komp with particular reference to some issues involving land use, the fallout from Measure 37, and funding for medium-sized transportation projects. She also stated that she suggested that right-of-way be purchased now because land prices continue to escalate making the total project cost even higher if the State waited to acquire right-of-way close to the time in which our interchange project is nearing construction phase. Mayor Figley stated that she did go to the bond closing today for the Police Facility bonds. This closing was delayed since it was originally scheduled for the same day in which the PERS decision was announced and the bond underwriters and bond counsel wanted to review the decision before the transaction was finalized. The City now has $6.8 M in the bank to build a new police facility. Administrator Brown stated that the Council had approved an additional phase of the Renaissance Home project and in that project there was a condition that there would be a second access into the development. The City did not have the ability to demand a paved access since the access point went out across County property and onto Boones Ferry Road. The conditions stated that the applicant would make a good faith effort to seek a goal exception from Marion County and, if it that was not possible, then it would be required to pave the access at the time the project area would be included in the urban growth boundary. The applicant made the good faith effort and the Marion County Hearings Officer did not feel that there was enough information to recommend approval of the goal exception. A hearing was held before the County Commissioners last week and Page 17 - Council Meeting Minutes, March 14,2005 ~ r-,r COUNCIL MEETING MINUTES MARCH 14,2005 TAPE READING they made a decision to approve the goal exception. The next step is for the Commissioners to adopt a final order. The roadway will be completed as a fully constructed road improvement rather than an emergency access. 0790 ADJOURNMENT. NICHOLSIMCCALLUM... meeting be adjourned. The meeting adjourned at 10: 18 p.m.. ATTEST (]!r~~ M Te t, Recorder City of Woodburn, Oregon Page 18 - Council Meeting Minutes, March 14, 2005 -,' "It'