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Minutes - 03/28/2005 COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 28, 2005. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0025 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Community Development Director Mulder, Public Works Director Tiwari, Public Works Manager Rohman, Police Chief Russell, Finance Director Gillespie, Senior Planner Zwerdling, Community Relations Officer Meza, Recorder Tennant Consultant: Greg Winterowd - Winterbrook Planning 005- ANNOUNCEMENTS. A) Spring Concert series - Woodburn Public Library will host Ricardo Cardenas, a Chilean guitarist, on April 10, 2005, 2:00 p.m., at Woodburn City Hall. 0070 PROCLAMATION: WOODBURN'S TULIP FESTIVAL - MARCH 19. 2005 THROUGH APRIL 20. 2005. Mayor Figley proclaimed March 19,2005 through April 20, 2005 as Woodburn Tulip Festival Month and encouraged the public to participate and support this annual event promoting Woodburn and the horticultural industry. 0160 CONSENT AGENDA. A) approve the City Council minutes of March 14,2005; B) accept the Library Board minutes of March 9,2005; C) accept the Planning Commission minutes of March 10,2005; D) receive the claims report for February 2005; and E) receive the Aquatic Center Revenue Comparison report. MCCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion passed unanimously. Page 1 - Council Meeting Minutes, March 28, 2005 r COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING 0237 PUBLIC HEARING: LEGISLATIVE AMENDMENT 05-01: WOODBURN 2005 COMPREHENSIVE PLAN UPDATE. Mayor Figley informed the public that this was a legislative hearing and, as such, is not subject to the same formal procedures that would normally be followed in a land use hearing. She reviewed the following ground rules that would be followed for this hearing: (1) individuals giving testimony on behalf of an organization or agency will be given 10 minutes, and (2) individuals or an attorney representing individuals giving testimony will be given 3 minutes to present their comments on the proposed legislative amendment. Dependent upon issues raised, the Council may elect to close the hearing for oral testimony once all of the individuals who have requested an opportunity to speak have made their presentation, however, the record will remain open for written comments until April 20, 2005. Council deliberations will take place at their April 25, 2005 regular meeting. Mayor Figley declared the public hearing open at 7: 10 p.m. on the following subjects: Legislative Periodic Review Amendments including Woodburn Comprehensive Plan Map, Urban Growth Boundary (UGB) expansion and text amendments, Woodburn Public Facilities Plan, Woodburn Transportation System Plan amendments, and Woodburn Development Code text and map amendments. She also stated that she tries to adhere to land use standards as far as contact with individuals about specific individuals. She feels that it is important that decisions made in conjunction with what is heard at this hearing be made as openly as possible. She has spoken briefly to some individuals who have had concerns about one or more issues but she has asked them to either attend this hearing to talk about their concerns or to write a letter. 0558 Community Development Director Mulder stated that the Council agenda packet materials include all ofthe testimony received after the Planning Commission's record was closed and up to March 17,2005. The City Recorder has received some written testimony just prior to this meeting and he would presume that additional written testimony will be received during the hearing for entering into the record. He proceeded to give the staff presentation on Legislative Amendment 05-01. He stated that this proposal was initiated by the Council to amend the UGB, Comprehensive Plan text and map, Development Ordinance, and zoning map. Additionally, the amendments are proposed to complete the City's Periodic Review Work Program. The City has been working on periodic review since 1997 and the program includes the completion of 11 periodic review work tasks. The tasks include: Buildable Lands Inventory; Growth Management Ordinance; Commercial and Industrial Lands Inventory; update Public Facilities Plan; revise Transportation System Plan (TSP); Wetlands Inventory and Natural Resources Study; Recreation Parks and Open Spaces Plan; Historic District and Downtown Plan; address changes in Goals and Objectives; update Comprehensive Plan, Zoning Ordinance, and other related Ordinances; planning coordination with Marion County and other agencies; providing opportunity for Citizen Involvement; and Collating, Printing, and Mapping related issues. The Recreation, Parks and Open Spaces Plan, and the Historic District and Downtown Plan have been completed and Page 2 - Council Meeting Minutes, March 28, 2005 T COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING acknowledged by the Oregon State Land Conservation and Development Commission (LCDC). Of the remaining tasks, all have been completed except for Planning Coordination, Citizen Involvement, and Collating/Printing/Mapping. Staff is working with Marion County on a new urban growth boundary management agreement, and a citizen involvement report will be submitted to LCDC once the Council adopts proposed amendments. The collating/printing/mapping will take place after the Council adopts an ordinance approving amendments. It was noted that state statute requires the City to provide for a 20-year buildable land supply and, as a result, it is proposed that the City's urban growth boundary be expanded. He reviewed the public involvement process which has taken place up to this date and noted for the record that all property owners within the City, the current urban growth boundary, and the study area for proposed urban growth boundary expansion received a hearing notice announcing the dates of the hearings before the Planning Commission and City Council. The Planning Commission held a public hearing on the proposed amendments on February 3, 2005 and left the record open for additional written testimony for 7 days. On March 10, 2005 the Commission approved a final order recommending the proposed amendments with the following modifications: 1) Woodburn School District 19-acre site located on E. Lincoln Road be included in the UGB expansion area, and 2) no change be made to the existing zoning for those areas bounded by Second Street and Fourth Streets, and Oak and West Lincoln Streets. He briefly reviewed the following amendments: 1) update of the Comprehensive Plan text on significant new and amended goals and policies, 2) Development Ordinance amendments on significant new and amended regulations; 3) Comprehensive Plan Map amendments to apply land use designations; 4) Zoning Map Amendments to apply the Nodal Single Family Residential (RS) and Nodal Multi-Family Residential (RMN) overlay districts, the Southwest Industrial Reserve Overlay, and Interchange Management Area Overlay; and 5) Urban Growth Boundary Amendment to provide for a 20-year buildable land supply and for 20-year projected economic growth. Councilor Cox stated that it was his understanding that the City had recently received a letter from LCDC and from Marion County stating their positions on where the City is as of this date. He requested staff to provide a brief summary as to whether or not the City will need to make more changes or perform a lot more work on the proposal in order to justify what the City is proposing. Director Mulder stated that he is not in a position to respond in great detail since staff just received the letters last week. He, along with Greg Winterowd, have reviewed the letters and will be discussing the issues presented in more detail later this week to determine the City's course of action in responding to the letters. For the most part, he felt that the comments made in the letters were very favorable but there will most likely be some additional work. 1600 Greg Winterowd, Winterbrook Planning, reviewed the local objectives that has driven this process over the last three years. Those objectives included 1) implementation of the Economic Opportunities Analysis, 2) provide choice among suitable industrial sites, 3) provide buildable land for housing, parks, and schools, 4) increase land use efficiency Page 3 - Council Meeting Minutes, March 28, 2005 T lr COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING within the urban growth boundary for the purpose of preserving farmland as much as possible,S) complete the Periodic Review Process, 6) coordinate with the County Framework Plan, 7) provide adequate transportation connections including 1-5 interchange improvements, 8) minimize the impacts on agricultural land, and 9) protect Woodburn's stream corridors and wetlands. The population projection for 2020 has been established at 34,919 which is a 75% growth increase using the City's 2000 population figure of20,100. This comparison of capacity of the existing UGB to accommodate employment and population with anticipated population and employment growth resulted in a huge disparity even with more careful looks at buildable lands, redevelopment, and increasing densities within the UGB. In determining land inventory, staff took out only those places where there are buildings. The rest of the industrial and commercial land were considered part of the buildable land inventory which was one way to increase intensity of land use within the existing UGB. To make sure that the industrial land needs were correct, EcoNorthwest was asked to prepare a memorandum identifying the types of sites needed in Woodburn to attract the targeted industries in the Economic Opportunities Analysis that was previously approved by the Council. In regards to commercial needs, a conservative approach was taken for the reasons that 1) there is a large supply of commercial land that is either developed or not developed intensely therby encouraging redevelopment infill, and 2) the freeway interchange system cannot take a lot of commercial traffic at this time. The only new commercial land proposed are two Nodal developments one of which is a 12-acre parcel and a 2-acre parcel plus some exception areas at the edge of the UGB which were already zoned commercial. State- wide planning goals require that before UGB expansion includes farmland the City must look at ways to use land inside the urban growth boundary more intensively which is one reason why the Planning Commission has proposed that density on buildable land for dwelling units be increased to about 10.4 dwelling units per net acre. The goals also require consideration of alternatives by identifying the characteristics of land outside the current UGB, analyze those areas, show that the best farmland has been preserved, show that services can be efficiently provided, and the land the City says they need will be protected for what they say they need it for. He stated that the City currently has l26 buildable acres of industrial land located within 36 parcels with an average lot size of3.5 acres and the majority ofland is located along Highway 99E. However, 1-5 is what gives Woodburn its comparative advantage since it gives direct access to an 1-5 interchange. The proposal is to include approximately 400 acres of land in large parcels in an area being identified as a Southwest Industrial Reserve. The parcel sizes, locations, and characteristics identified by EcoNorthwest have been matched with land that has freeway access, is flat, can be served readily with public facility services, and motorists can get to the interchange without using Highway 214 on the east side ofI-5. He stated that there will be testimony received stating that the City does not need 400 acres of industrial land to meet the City's economic development needs. He stated that in developing the proposed plan, economic needs were not projected on employees per acre rather it was based on what kind of industries does the City expect to get into the community using a Page 4 - Council Meeting Minutes, March 28, 2005 ~ IT COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING comparative advantage of 1-5 and what kind of parcels does those type of firms demand. The City has received a letter from the Department of Land Conservation Division (DLCD) that says that the City has developed their proposal based on Goal 9 requirements. He reiterated that, if this plan is adopted, the City will be required to hold the large industrial sites and encourage developers to use other industrial land when they are not in need of a large parcel. Another recommendation is to prohibit commercial re- zoning within the industrial reserve area. He stated that a critical transportation issue is to link Highway 99E by a southern arterial to Butteville Road then to Highway 214/2l9 and 1-5 on the west side. Developers will be responsible for making improvements as property is developed. Additionally, master planning will be required before annexation is allowed that will show how policies will be met within the southwest industrial reserve. In regards to utilizing land within the current UGB more efficiently, the following measures are available to the City: 1) higher density for residential units; 2) Multi-family mix of 65 single family units to 35 multi-family units; 3) increase nodal development densities by adopting new overlay zones; 4) increase the density in exception areas adjacent to the UGB; 5) master planning for the southwest industrial reserve and nodal areas; 6) allow housing units over retail businesses in the downtown and nodal areas; 7) adopt minimum density standards; 8) and plan for the development of infill, partially vacant, and potential redevelopment of land. Components of Nodal Development policies include a neighborhood commercial center, surrounded by higher density residental area, small lot single-family option supported by an integrated park system and multi-modal and connected transportation system, a master plan, and design standards. He stated that the Planning Commission was adamant that strong design standards before moving ahead with the nodal development concept. He reviewed the factors that were considered for the purpose of determining where the City should grow. Those factors included (l) the ability to meet special needs (industrial land) and general and livability needs (residential, commercial, parks, and schools); (2) Goal 14 and ORS 197.298 priorities that would look first at rural residential exception areas, then to lower quality (Class III and IV) agricultural land, then to higher quality (Class I and II) agricultural soils; (3) transportation limitations in the 1-5 interchange area; (4) relative efficiency of service; and (5) environmental impacts. He stated that 75% to 80% of the land around Woodburn has Class I and II soils. The southwest area has slightly wetter land and more Class III soils than most of the areas to the north. It was also noted that areas to the north had lower class soils since they are in stream beds. He reiterated that relieving the congestion at the 1-5 interchange is necessary to make the economic development plan workable. A major element in working towards the improvement in cooperation with ODOT is the City's Transportation System Plan and the Interstate Management Area Overlay Zone. This is a new type of zone that would provide for a budget of trips based on the proposed plan that limits the number of trips to 2500 peak hour commercial and industrial trips. The trips would be allocated to parcels and if the trip allocation of a proposed development would be exceeded the developer would be required to come before the Planning Commission to explain the need for an adjustment Page 5 - Council Meeting Minutes, March 28, 2005 T Tr COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING to their trip generation allotment. The Planning Commission voted unanimously for this new proposed zone because they understood the importance of preserving the capacity to attract jobs to the area. Mr. Winterowd summarized the results of the 8 alternative study areas that addressed (1) Class I and II agriculture soils, (2) public facilities service cost per acre, (3) environmental impact on stream and wetland acres; and (4) impact to the 1-5 interchange east access. It was noted that the highest areas for Class I & II agriculture soil and public facilities service cost were study areas #4 (East) and #6 (South). Most of the stream corridors are locate in study area #1 (Northwest) and #2(North) which is why the proposed UGB expansion involves these two areas. As a result of the work done on this project, the proposed UGB expansion would include (1) land located in the southwest for industrial land, (2) land located in the north area for low density residential, (3) Nodal development area in the vicinity of Parr Road, and (4) exception areas around the perimeter of the City. The proposed UGB amendments would provide 13 surplus acres to meet the City's proposed population, employment, and livability needs for the next 20 years. He stated that the periodic review amendment package before the Council includes a UGB justification report and amendments to the City's Comprehensive Plan and Development Ordinance. Mayor Figley stated that she would first call for testimony from representatives of an agency or organization and they will be given lO minutes to present their testimony. 4690 Amanda Dalton, representing North Willamette Association of Realtors, stated that local realtors are concerned about the negative effect ofthe proposed Interchange Management Area on commercial development around the 1-5 / Highway 214 interchange. The major concerns include (1) Ballot Measure 37, (2) adverse effect on commercial growth and potential moratorium on commercial development within the interchange management area, and (3) negative impact of an interchange management area statewide since ODOT views this ordinance as a pilot program that could be extended to interchange areas statewide. She expressed her organization's opposition to the proposed interchange management area and encouraged the Council to further investigate the impact how this proposed area would affect the City's commercial and industrial growth. Sid Friedman, representing lOOO Friends of Oregon, expressed his belief that an alternative strategy can be used to obtain the economic development strategies that the City is trying to achieve. In their opinion, the City does not need the large amount of industrial land as proposed by the consultants. Marion County and the Metro City Council have raised concerns about the magnitude of the proposed industrial expansion. He disagreed with the consultant's comparison of Wood bum to Wilsonville since Wilsonville is a very small sub-area of a much larger urban growth boundary and it is not uncommon for one portion of an urban growth boundary to have more industrial land than another portion. Additionally, Wilsonville is the only city in Metro that has more jobs than residents. He stated that the City's employment forecast of 8,300 new Page 6 - Council Meeting Minutes, March 28,2005 ,... 1f COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING employees by 2020 is extremely high and it is a substantial increase from the original 7,000 new employee figure. He did not feel that Woodburn would capture 23% of Marion County's job growth and, even if the projected 8,375 new industrial employees is acquired, it can accommodated on far less industrial land. Overall, he believed the City would need 274 acres of industrial land less the 127 acres the City already has within the current urban growth boundary. He stated that the consultant's report focuses on site requirements of targeted industries rather employees per acre and that the industrial land within the current UGB is not the appropriate size to meet the site requirements of targeted industries. He suggested that current industrial land within the City that is not expected to be used to meet the industrial land need then it be rezoned to some other urban use and those other urban uses be adjusted accordingly. He stated that the largest site for industrial is l25 acres which is an area large enough for a proposed silicon chip fabrication plant. He did not believe that the City could justify the inclusion of such a large site within the urban growth boundary based on speculation and he did not believe it was reasonable to think that a silicon chip plant would be located within Woodburn's urban growth boundary within the near future. He reminded the Council that Oregon law requires that land of poorer quality is to be included in an urban growth boundary prior to land of better soils. On the study area map to the south between 1-5 and Boones Ferry Road is a large area of Class III soils which should be considered as the expansion area rather than the southwest area as proposed. Another parcel they object to including is located on the southerly end of the of the southwest industrial reserve on the west side of Butteville Road. He stated that this is an unbuffered intrusion into surrounding agricultural land that will create forseeable conflict with existing agricultural operations. Another area of concern is the Carl Road exception area just east of Highway 99E. This area is currently a mobile home park but it is proposed for commercial designation. His organization believes that strip commercial development along Highway 99E north is an inappropriate location for new commercial uses and requested that the land be either removed from the urban growth boundary or re-designate the parcel for some other non- commercial use. 6124 Terry Cole, ODOT Region II, stated that ODOT has been working with the City on transportation issues, in particular, the Woodburn Interchange. He spoke in support of the Transportation System Plan as proposed and feels that the City and ODOT, in cooperation with the County, have worked well over the last few years to come up with a transportation system plan that balances the needs that are created by the population and employment projections which are now adopted projections. In regards to the Interchange Management Overlay, he pointed out that the estimates that are being made for trip generation within the Interchange Management Overlay zone are based upon the City's population and employment projections as reflected in the transportation system plan. He stated that it is anticipated that not all of the land in the overlay zone will develop to full build-out by the year 2020, therefore, rather than developing the trip budget on the land base, it was developed on the population and employment forecast. He expressed his belief that this is a proactive method to try and manage what will be a Page 7 - Council Meeting Minutes, March 28, 2005 r 11' COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING very large investment in improving the interchange and preserving the investment for the industrial uses that the City has identified as of being of primary importance. Even though there may a be some limitation on commercial zoning, it is not inherent in the overlay zone as much as it is inherent in what the City is proposing to do within that proposed zoning area. He reiterated his support of the City's proposed transportation system plan. Councilor McCallum questioned as to how flexible the 2,500 peak hour trips is with ODOT and whether or not other communities will be affected by this limitation. Terry Cole stated that a process was being developed that will be brought to the Council over the next several months in the form of an intergovernmental agreement that would set up how the trip generation would be monitored over time. There will be modifications over time since this is an opportunity for ODOT to try and find a new way to manage a $40 million plus investment in the interchange that will work for Woodburn. In regards to flexibility on the 2,500 trips which is derived from the population and employment forecast of new development on undeveloped land, excluding re-developed land and residential land, the trips will be monitored and if the trips are being consumed more quickly by trips outside of the interchange management area, ODOT will be looking at some flexibility. The objective is to try and meet ODOT standards in the 2020 -2025 planning horizon. ODOT standards for an interchange for operations are pretty high and just because you reach their standards it does not mean that the City has reached interchange failure. Once the interchange is improved, there will probably not be additional improvements made at that interchange as the community grows into the future and there will be a need to look for alternatives. ODOT views this as a work in progress and adjustments will be made as time progresses forward. Tape 2 Les Sasaki, Marion County Planning, stated that Marion County has submitted a letter to the City for the record. The County and City have been working together as part of the Periodic Review process and, overall, they are very supportive of the comprehensive package that the City has developed. The proposed plan provides for more efficient use ofland within the City. They are supportive of the City's efforts to (1) provide for employment opportunities and needs of City residents and putting together an economic development strategy; (2) update the coordination agreement with the County; (3) incorporation of lot of guidelines that are the County's recommended Growth Management Framework plan; and (4) limit commercial development to alleviate some of the traffic congestion in the vicinity of the interchange. They are also supportive of the proposed policy amendments, in addition to the land deficiency measures and identifying land needs, to put together a comprehensive package that addresses the identified needs of the City. In regards to the urban growth boundary issues, they realize that the UGB process is a cooperative process between the County and the City. They do not agree on all of the different aspects of the amendment package and, as a result, are offering some different ways addressing the needs of the City as identified that may involve less land to be included in the UGB expansion. The County does support the Page 8 - Council Meeting Minutes, March 28, 2005 "r lJ COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING City's proposal to include the adjoining exception land areas that currently abuts the existing city limits or urban growth boundary which is consistent with the alternative needs analysis and the criteria for inclusion of land within the UGB. They are also supportive of including the residential Nodal Area to the southwest part of the existing boundary and of the residential land expansion to the north adjacent to the golf course area. The County does have some concern with the amount of industrial land within the proposed industrial reserve area and they have offered some suggestions as to how that can be reconfigured so that it does not necessarily tie the City into specific parcels and retaining those parcels which mayor may not be utilized for those targeted industries that the City is trying to accommodate. They have also looked at the City's proposed residential land needs for housing, parks, schools, and other public uses and they feel that there is sufficient within both the existing land inventory as well as some ofthe areas being proposed as part of the boundary expansion and they do not see the need to possibly include the 160 acres north adjacent to Crosby Road as part of the residential land need based on the numbers they are looking at as part ofthe package. They also have some questions on the 65 acre site on the west side ofButteville Road which is not tied to any other area and looks like it should be preserved as farmland in that area. He reiterated that the County is in support of the majority ofthe proposals to the amendments ofthe plan, to the code, as well as the UGB amendments that are a part of this package. Councilor Bjelland questioned ifMr. Sasaki had some specific issues on how sites can be combined into a larger parcel. Mr. Sasaki stated that by allowing the combination of smaller sites into a larger parcel within the industrial reserve area gives the City an opportunity to put together parcel acreage to meet a particular need rather than preserving a 100-acre parcel for a specific industry. 0800 Mayor Figley stated that testimony from the public will now be heard, however, the time limitation will be 3 minutes. She reminded the public that additional written testimony can be submitted to the City by April 20, 2005. 0835 Kim Ashland, 2155 Molalla Avenue, referred to two (2) 9-acre parcels located on Highway 211 across from Cooley Road that are shown in the proposed plan as commercial land. He requested that those parcels be zoned as single family residential since the Church of the Latter Day Saints have purchased property to the west of these 9- acre parcels and they are in the planning/development stage to build a church on their site. They feel that these parcels would become an isolated commercial area since the property across the street is residential. Additionally, the 9-acre parcels are narrow and deep and it would be more suitable for single family residential area. 1086 Gene Vliet, P.O. Box 20694, Keizer, stated that he owns property on the north end of Second Street that is currently zoned RS and it is in the proposed comprehensive plan to change to RM. He stated that he is in favor ofthe zone change however, under the current transportation code, it could be developed as RS and Second Street could be used Page 9 - Council Meeting Minutes, March 28, 2005 ..,.. "ft' COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING for access. Under the proposed zone, it would not meet the transportation code, therefore, the property could not be developed without totally re-building a half mile of Second Street. He stated that staffhas indicated that street requirements are usually reduced in this type of situation but he wanted the Council to definitively state that the street requirements would be reduced otherwise it is worthless property. Rick Warnick, 9925 nnd Ave., Salem, stated that he presently owns property located at 1365 N. Front Street which is a .07 acre parcel of Commercial General that is slated to be changed to RM. He stated that he has a growing business on a portion of the site and he has the other portion leased out to another business. Even though he has been told that he can continue to operate like businesses at the site, he will eventually run into problems when he decides to sell. He will then have a piece of property zoned RM and, unless a buyer puts in a like business, his property will be devalued since RM property is worth around $150,000 per acre. He currently has 10,500 square foot of office and warehouse space which is described by a City planner as a dilapitated run down building, however, his building is not run-down and consists of partial block construction and steel trusses. He had gone into the City last fall to apply for storm drain and pavement permits and at that time no one in the City mentioned this proposed change. He has spent a lot of money on this property with the current appraisal being $438,000 and, ifit is rezoned to RM, then he will have a $300,000 loss. He did not feel that a property owner should pay the price in that fashion for the City's planning. 1324 Lolita Carl, 13324 Carl Rd NE, Hubbard, stated that their farm is located 560 feet from land the City purchased to expand the wastewater treatment facility. She stated that farm land is continually used in the agricultural industry and the agriculture industry supports local stores, businesses, and citizens. She stated that the City's consultant stated that he preferred straight lines in determining boundaries, however, the proposed plan has fingers of land jutting across major roadways and logical boundaries. She referred to the State Statute relating to UGB expansion and stated that the 13 acres that juts across Highway 99E along Carl Road should not be zoned as commercial since future commercial development at this site would increase the traffic congestion at that intersection making it even more difficult for farm and livestock truckloads to pullout onto Highway 99B. She urged the Council to think more than 20 years into the future when making decisions on the UGB expansion and related zoning. Kathleen Carl, 13324 Carl Rd NE, Hubbard, stated that she believed that Woodburn needs to develop an economic plan that benefits existing population of Woodburn and focus on local businesses rather than mega employers. She cited an example within Woodburn whereby an industrial machining and fabrication business added extra shifts for welding contracts. She stated that the plan proposed by the consultant assumes that all new employees will need all new industrial land. The Economic Development Strategy relied heavily on the inclusion of very large parcels of land to attract mega employers with one of those employers being a high-tech silicone plant. She stated that her research has shown that it is difficult to generate new technology clusters where none previously existed. She believes that Woodburn's economic model should focus on Page lO - Council Meeting Minutes, March 28, 2005 -r 11 COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING utilizing existing infrastructure which will then take care of taxpayer investments. She feels that expanding to new land is not a benefit to most citizens and every expansion costs current taxpayers additional money. She feels that Woodburn can grow its local industrial base if that is the focus. Additionally, Woodburn needs to build a City that works together and looks to those businesses that are putting money into the City's pockets now and the goals of Woodburn can be accommodated with a UGB expansion that is more limited. Councilor Cox stated that she made some interesting points and requested clarification of her objectives. He questioned if it is her suggestion that the City back-off on the expansion of the industrial component of the urban growth boundary proposal. Ms. Carl suggested that the City focus on existing empty industrial lots, look at what industries can grow within the current boundaries, and accommodate the City's goals where the expansion is more limited. 1865 Paul Serres, l1283 Serres Lane, Woodburn, stated that he is a life-long resident of the Woodburn area and is a representative of the Serres family promoting the inclusion of their farm as part of the UGB expansion. He stated that the best use of their land has now changed with regards to the change in the relationship their property now has to the city limits. In their review of the proposed Compehensive Plan, their property is a logical addition to the urban growth boundary at this time. They feel that the information used to determine the cost of providing services to their property instead Area #4 is flawed. The majority of their property is flat land and 5-10 feet above the sewer treatment plant which is less than 1 mile from their property. They have excellent water sources from existing wells that has capacity to serve Area #4 but yet the report shows that water was a high cost to provide. The land has natural drainage but yet drainage became a big factor in the study. He stated that environmental, energy, economic, and social consequences will be served on a much higher basis utilizing land on the east side of the City for quality housing. Along with the natural drainage, they also have woodlands that can maintained in a natural state to be enjoyed by all. Their property borders Highway 214 on the south side, Pudding River on the east side, Woodburn city limits on the west side, and Hardcastle Avenue on the north side. Farmers with land adjoining their property on the east and north side also welcome expansion of the UGB to the east. In his opinion, Highway 99E businesses will not survive 25 years without east side development. Councilor Cox congratulated the author of the letter submitted to the Council since it is the type of argument needed for the Council to consider. He stated that the Serres Family is pointing out what appears to be some logical things that are wrong with some of the basic assumptions that were made in regard to that property. When it gets closer to voting on this proposal, he would like to have some clarification on the infrastructure costs because, if they are right, this parcel may be better than Area #2 and the Council must decide on one or the other parcel. Mr. Serres stated that there is approximately 200 acres in Study Area #4. Mayor Figley called for a recess at 9:08 pm and reconvened at 9: 18 p.m.. Page 11 - Council Meeting Minutes, March 28, 2005 ..,.. 1f COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING 2165 Licetin Andrade, 1274 5th St., Woodburn, stated that she is in support of the plan and feels that more opportunities will come if the City grows as it is proposed. 2298 Susan Duncan, 1840 E. Lincoln Rd, stated that residential development would be better served on the east side and, as a member of Serres family, she supported the inclusion of their property in the UGB. She stated that their property has many features that would be beneficial to the City especially since there is no freeway pollution or noise and less traffic congestion. They believe that higher end housing in their area can be accomplished and they have enough property to create a new neighborhood in the manner of a planned development. She reiterated that residential development east of town will not impact the 1-5 / Highway 214 interchange since east side residents can use the Aurora cut-off going north on Highway 99E to 1-5 and the Brooks 1-5 interchange going south. Their land is bounded by Highway 214 to the south, a half-mile away from Highway 211 to the north, and Highway 99E is a one-quarter mile to the west. No other undeveloped land in the Woodburn area is served better by better transportation access than their property. Additionally, Landua Drive, Tomlin Avenue, Laurel Avenue, and Aztec Drive could be connected into a complete street pattern an no longer be dead-end streets. She urged the Council to consider their land in evaluating opportunities for the City. 2547 JeffTross, Land Use Planning Consultant, spoke on behalf of the Serres Family and, based on their testimony, it is clear that they have spent a lot oftime working on this issue and they are very knowledgeable about the issues within the proposed plan. He met with them for the first time last week and the family wanted to get confirmation that they understood the rules and process correctly and that they had addressed the right factors to support their position. He urged the Council to seriously consider their proposal since which he feels would be in the best interest of the City. Ruth Thompson and Mary Grant, Serres family members, elected not to add any other comments to those already made on the Serres property. 2677 Toni Spencer, 13736 Wilco Highway NE, Woodburn, stated that she is a concerned citizen about the proposed urban growth boundary. She stated that she has respect for those who live and work on the land, and she also respects and realizes the importance of the economic stability that it provides the community. Agriculture and food products are Oregon's largest export by volume and second largest export by value. She expressed concern that the City may be too eager to add farmland into the proposed UGB when there is vacant commercial, industrial, and residential properties that can be redeveloped and reoccupied. She urged the City to solicit businesses to occupy those buildings before any UGB expansion is proposed. Councilor Cox requested clarification of Ms. Spencer's statement regarding vacant industrial buildings not being counted in the available lands. She stated that the consultant did not consider vacant or under-utilized industrial buildings as having any capacity to accommodate need unless the value of the buildings were lower than value of the land. Greg Winterowd stated that he had projected the need as acquired by state law for industrial sites that would meet the needs of targeted industries. In those projections, he Page l2 - Council Meeting Minutes, March 28, 2005 ~ If TAPE READING COUNCIL MEETING MINUTES MARCH 28, 2005 did not, nor is a there a state law requirement, to evaluate whether any building at any given time is vacant because that can change momentarily as it can for an office building or any other structure. Vacant undeveloped land adjacent to such buildings was included in the projections. He stated that projected needs were not based on employees per acre and, it is anticipated that there will be some employment in existing buildings, they did look at the siting needs of the industries in the Economic Opportunities Analysis and made sure that the City had the required sites. He reiterated that it is a complex issue but the proposal did not account for so many jobs to certain buildings since (1) there is no way to determine the number and (2) that was not a task as described by state law. 3090 Kay Peterson, l3740 Wilco Hwy NE, Woodburn, requested thatthe Council carefully consider the testimony being submitted. She acknowledged that everyone wants Woodburn to be an economically viable community, however, she opposed to a UGB expansion in order to accomplish this. She stated that the City has only recently begun to address the traffic issues at the Highway 214 / 1-5 interchange. UGB expansion will increase the congestion and her husband's clients continue to complain about the difficulty in driving to his office which is located on Evergreen Road. She disagreed with the proposal that would take farmland out of production in order to attract some high tech industry to Woodburn. She did not feel that any high tech industry would be willing to come to Woodburn since many have abandoned the United States and have gone to China. She stated that agriculture can quickly respond to current market conditions whereas other industries pick-up and leave. In her opinion, the economic security of the United States is compromised as more and more farmland is taken away for development. At this time, the United States imports more food than it exports and she suggested that continued elimination of farmland will make the United States's dependency on food supply similar to our country's dependency on foreign oil. Erin Donnelly, 480 N. Third St., Woodburn, requested that the Council uphold the unanimous recommendation of the Planning Commission to maintain the Second and Third Street area as residential and not change the area to commercial office zoning with an eye to permanently changing the comprehensive plan in the future to help preserve this historic area. Ray Clore, 15 Smith Drive, Woodburn, stated that he works for the Strategic Economic Development Corporation in Salem and his organization supports Marion and Polk Counties for Economic Development. He also stated that his organization supports the City's industrial lands expansion. Part oftheir mission is to work with incoming companies and industrial companies are looking to site in the Mid-Willamette Valley which is a major growth area. Over the last 5 years, they have consistently seen companies or site consultants stating that they would like to site in the area south of Wilsonville and north of Salem. The biggest drawback to a Woodburn site is land availability. Currently, the average land size clients are looking for is 15 t035 or 50 acres in a campus setting with landscaping. In regards to the City's current industrial park, there are 2 facilities for sale and the 137,000 sq. foot facility Ms. Spencer mentioned in her testimony has been purchased by Universal Forest Products and it is currently being Page 13 - Council Meeting Minutes, March 28, 2005 COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING converted for a manufacturing facility. The second site has also been sold but he cannot disclose at this time who is purchasing that facility but it will also involve manufacturing. 3590 Dave Christoff, 671 Ironwood Terrace, Woodburn, spoke briefly on the proposed Interchange Management Area (IMA) ordinance. He stated that it appears that the September 2004 version regarding the small development exception has been deleted. This exception would allow developments of sites that generate less than lOO peak hour vehicle trips for non-residential developments of any size without having to do a full traffic impact analysis. By deleting this exception, it creates a need for a costly and unnecessary full traffic impact analysis which mirrors and all but insures local special interest groups no growth policies by over regulation. In his opinion, it will create pockets of small undeveloped sites and he urged the Council to reinstate the small parcel exception to allow owners of these parcels to develop without a loss oftime, expense, and redundancy of additional traffic impact studies. 3713 Bob Thelen, 509 N Third Street, Woodburn, stated that Woodburn is surrounded by prime farmland that is protected by state law. He expressed his opinion that the UGB should be expanded to the south where the land has lower soil quality. In his opinion, the Economic Opportunities Analysis ignores Woodburn's location in the middle of productive farmland and at the center of the County's number 1 industry. It also fails to identify Woodburn's role as a commercial and cultural center for the valley's Hispanic population as a possible advantage. Instead, Woodburn could lose between 55 and 222 agricultural sector jobs based on employment growth forecasts for 2000-2020. He stated that it is inconsistent with 39% agricultural related employment growth in Woodburn's zip code between 1990-l999. He stated that Woodburn's growth should be accomplished by utilizing the industrial and commercial land within its current UGB before it consumes productive farmland. Once farmland is converted for other uses it is gone forever. The development ofland west of Parr Road will add congestion for the City's only 1-5 overpass and it will insure the failure of the 1-5 interchange. He supported expansion to the east where the road infrastructure is well-developed. The City will experience additional congestion and gridlock at the 1-5 interchange and he urged the Planning Commission and Council to modify the UGB expansion to delete the expansion west ofl-5 and to modify the expansion elsewhere to a reasonable amount that will encourage the infill and redevelopment of the considerable lands within the existing UGB. 4007 Bob Fessler, 11796 Monitor-McKee Rd, Woodburn, stated that his family owns a piece of property located on Crosby and Boones Ferry Road which is in the proposed UGB expansion. He stated that they are in favor of this expansion and requested that the Council not consider this property for reduction if the school district property is added to the proposal for the following reasons: (1) surrounding streets are a natural boundary between residential and farm use, and (2) soils on there property are of Class II and III compared to soils in other property designated as low density residential. He stated that a larger tract of land being developed results in more efficiency for public works and planning purposes and costs. He reiterated that they did not oppose of the school district Page l4 - Council Meeting Minutes, March 28, 2005 T COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING but urged the Council not to reduce the low density property proportionately. 4119 Martin Roher, l6 Abelard, Lake Oswego, stated that he and three other property owners own property located north of and adjoining Woodburn Company Stores on Arney Road. He stated that they own approximately II 0 acres in total and are requesting that their land, along with another 15 acres to make up a 125 acre parcel, be included in the proposed UGB expansion. He stated that the periodic review process actually started in the mid-1990's and, in 1998 and 1999, the Building Lands Advisory Committee proposed that a majority of their land be included in the UGB as a mixed use campus district designation. He expressed his opinion that this type of designation would be appropriate for this area. The three arguments he made to the Council are as follows: 1) their area is most surrounded by the urban growth boundary and if one of the purposes is to square off the UGB then expansion to include their property would appropriate; 2) their area is most affected by urbanization with the Company Stores adjoining their property and Nazarene housing district to the west. He felt that the property in the proposed southwest reserve which is located west of Butteville Road should be removed from the proposed UGB and, as a replacement, add their area with a mixed use designation; 3) they have public facilities already running up to the property due to the Woodburn Company Stores development whereas it may take a long time before the infrastructure is developed in the southwest reserve. He stated that their properties would be the cheapest to develop, least impact on 1-5 because it is on the west side, and it has mostly Class II soils. 4669 Carla Mikkelson, l7244 Arbor Grove Rd NE, Woodburn, stated that she and her family have been connected to Woodburn since 1956 and hoped that she is not being considered as an outsider since she does not fully agree with the provisions within the proposed plan. She stated that she had provided written testimony for this hearing and included those issues that she did support in that letter. On paper, she felt that the proposal looked good but felt that the plan is very fragile. She cautioned the Council in that the Economic Analysis does not guarantee that the proposed jobs will arrive. She questioned the City's ability to provide necessary public facilities that would service these targeted industrial businesses. She stated that Woodburn has a history of traffic planning difficulties and she questioned if Woodburn's ordinances will be strong enough to withstand the development forces ifplanned industry does not come to Woodburn within the near future. In her opinion, the proposed plan will not restore those qualities within the City's Vision statement and she requested that the Council carefully consider the proposal. Diane Mikkelson, l090 N. First Street, Woodburn, stated that she is new to the public process relating to development and implementation of public policy, however, she recognizes that there is a lot oftime, energy, and money invested in the process. She feels that those individuals who have raised concerns at the open houses and at the hearings are only given token acknowledgment since the plan has, for the most part, been developed. She stated that there should have been more public input before consultants were ever brought into the picture so that the public's ideas could have been incorporated Page l5 - Council Meeting Minutes, March 28, 2005 I COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING into the proposed plan at the beginning of the process. She referred to the Marion County Planning Department letter dated March 21, 2005 which suggests that the 160- acre parcel between 1-5, Boones Ferry Road, and Crosby Road not be included in the UGB. Residential land needs are being met through existing land supply in the current UGB.as well as other residential lands being proposed for addition in the plan. She urged the Council not to disregard the concerns expressed because it would mean additional work for staff and/or Council since livability depends on the decisions made by the Council. 5272 Don Kelley, attorney representing Dale Baker, questioned if the record of the Planning Commission hearing was incorporated into the Council's record. Mayor Figley responded affirmatively. Mr. Kelley stated that Mr. Baker owns a 10.25 acre parcel on the east side ofButteville Road which lies between Butteville Road and Senecal Creek. He stated that they are in agreement with the City that the property should be brought into the urban growth boundary. He provided background information on this property relating to the County's redesignation of the property in 1988 from exclusive farm use (EFU) to AR and in 1992 the City adopted an urban growth boundary amendment for this property but Marion County did not agree that the property should be included in the UGB. The County has now changed their position and agree that the property should be included in the UGB. This property is within the exception area and should be included in the expansion. He also recommended that the Council consider dealing with the urban growth boundary in two phases. One phase would be those parcels that already have exceptions granted and the second phase would be those parcels that do not have exceptions. The reason for the separation is to keep those parcels that should be included and most likely not going to be challenged from getting caught up over a court battle over those that may be challenged. In regards to the Interchange Management Area, he requested that the Council look closely at what might happen if higher traffic areas are pushed out ofthat area but they still need interstate access resulting in making the trips longer for the same business therefore increasing traffic over the long run. 5575 Dan Wells, 275 N. Third St., spoke in support of the modification to the comprehensive plan that would move their neighborhood from the commercial zone. Mark Unger elected not to provide testimony. Dan Orsborn, l670 E. Lincoln Rd., Woodburn, objected to the late addition of the school district property into the proposed plan. He stated that the school district had sold property located within the City and bought property that was located outside of the City and existing UGB. He approached the school district after they purchased the land regarding potential use and he was told by the district that they would not be asking for special consideration. However, that seems to be what is happening with their most recent request to include the property in the proposed plan. This property is landlocked and has no access other than E. Lincoln Road which is an unimproved street. He expressed his opinion that the school district should not be treated any differently than Page 16 - Council Meeting Minutes, March 28, 2005 T COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING other property owners requesting inclusion. He expressed concern on the costs he would be obligated to pay if this property is developed. He was also concern about this type of last minute inclusion since it had not been part of the original proposals and ifhe had not kept up with what was going on, then this proposal could have moved forward without his ever being notified that was going to happen. 5946 Brian Moore, attorney with Saalfield Griggs representing the Fessler family, 250 Church St., Salem, requested that if the school district property is added to the proposed UGB then no portion of their property be reduced to accommodate this UGB modification. He stated that there seems to be an effort to remove the Fessler property and some low density residential property from Area #2 and then add Area #4. He referred to comments made earlier regarding local objectives on how to implement the Economic Opportunities Analysis. Three objectives listed were improvement of the interchange, protection of valuable soils, and protection of stream corridors and wetlands. If Area #2 is added, there would be a benefit in that Crosby Road would be improved since the Fessler property is bordered on 3 sides by roadways which makes it an ideal place as far as efficiency and, in particular, in respect to transportation since it provides access over I- S into the western side of Woodburn and 1-5 can be accessed by going north on Boones Ferry Road to Donald or Aurora exits. This property contains Class II and Class III soils and some Class IV whereas the property in Area #4 contains predominantly Class II soils. Tukwila is close in proximity to the Fessler property and there would be enough demand for higher end housing even with the addition of the north property. Lastly, public facilities cost to serve the Fessler property is still substantially less than Area #4 even ifthere is some irregularities in the calculations. He reiterated that Area #2 will serve just as good if not better than Area #4. 6446 Roger Alfred, attorney representing Renaissance Development, expressed his support of the Planning Commission recommendation to expand the UGB in the areas that have been selected. In his opinion, City staff and Winterbrook Planning have done a thorough job of making sure that the decisions to be made by the Council correspond with the principles under state law. He stated that the proposal does bring in all of the exception lands that are adjacent to the existing boundary which then affords the Council the opportunity to go to the next tier which is farmland. The area north of the Tukwila piece offers is that the Council is looking at land that provides for some desired and needed residential development without bring in any land that is currently in agricultural production. Bringing this property into the UGB is consistent with prior City decisions with respect to Phases I through IV of the Tukwila PUD decision where the City contemplates the extension of Olympic Street to connect to Boones Ferry Road. This extension will provide a second access for residents in the area and is consistent with the prospect of future development in that area. For the record, letters were received at this meeting from the following: Farmworker Housing Development Corporation (Robert Jimenez); Carla Mikkelson; Lolita Carl; Toni Spencer; Saalfeld Griggs (Brian Moore); Direct Northwest (Amanda Dalton); Martin Rohrer; and the Serres Family. Page 17 - Council Meeting Minutes, March 28, 2005 ~ COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING 6743 Mayor Figley stated that all ofthe names have been called that were listed on the sign-in sheet. No other individuals in the audience elected to speak on this issue. Tape 3 Councilor Cox stated that the Council has probably heard as much oral testimony as is going to be beneficial and any additional testimony can be made in writing since the record will be left open. Councilor Bjelland stated that staff comments be submitted once additional written public comments are received since there may be issues to be addressed by the Council. Mayor Figley closed the public hearing for oral testimony at 10: 13 p.m.. BJELLAND/SIFUENTEZ... leave the record open for written testimony until April 20, 2005. The motion passed unanimously. City Attorney Shields stated that staff will be bringing this issue back to the Council for deliberation at the April 25, 2005 Council meeting. Councilor Cox questioned if staff would be precluded from giving the Council a supplemental written or verbal staff report analyzing some of the positions made by the public after April 20, 2005 if the public hearing is closed except for written testimony. City Attorney Shields stated that he did not see a problem with a staff analysis of what has been brought up through the hearing process. Councilor Bjelland stated that this is a very complex issue which the Council has been involved with since 1997. He would like to have a workshop on some of these issues since there are a lot of policy decisions involved, information absorbed and processed and he would like to be sure that the Council does not prohibit interchange and staff input in that process. Administrator Brown stated that deliberations will involve staff and the Council can continue to deliberate until such time as a decision is ready to be made. He suggested that the deliberations be held during regular Council meetings even it does take more than one meeting. Mayor Figley encouraged the Council to relay their questions to staff prior to the April 25th meeting in order to give them some direction when going through all of the material. Further discussion was held regarding a workshop session versus a regular meeting and it was decided to hold the deliberations during regular meetings. Councilor Cox stated that his next available meeting after this meeting will be May 1l, 2005 since he will be gone for the April 25, 2005 meeting. He also hoped that someone was encouraging the school district to give the Council more data before a final decision is made. Councilor Bjelland stated that the school district proposal is an illustration of the fact that the Council has to make a decision based on (1) either ajustification for a special needs or (2) a tradeoff is required if the Council decides to incorporate the area into the UGB by reducing some other area within the proposed UGB. He felt that this is a significant decision and the Council needs more information on this proposal before a final plan is adopted. Page 18 - Council Meeting Minutes, March 28, 2005 ". COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING Councilor McCallum stated that the Council has a regular meeting schedule in which interested citizens can attend and listen to the deliberations of the Council. He requested that a copy of the draft minutes be forwarded to the Council as soon as they are prepared. 0960 PUBLIC HEARING: 2004-05 SUPPLEMENTAL BUDGET. Mayor Figley declared the public hearing open at 10:27 p.m.. Finance Director Gillespie stated that the supplemental budget included adjustments for (1) the downtown plaza project, (2) repayment of the loan from the Traffic Impact Fee fund to the General CIP Fund for the purchase of the land where the new Police Facility will be located, (3) accounting for the loan and grant revenues for the Association Building which were received at the beginning of this fiscal year, and budgeting for the first debt service principal and interest on the loan, and (4) an electrical project in Library Park. Administrator Brown stated that staff will be looking at paying off the Community Incentive Loan during fiscal year 2005-06, however, the interest rate on the loan is 1 %. Mayor Figley declared the public hearing closed at 10:31 p.m.. COX/MCCALLUM... direct staff to prepare an ordinance to substantiate the budget changes as outlined by Finance Director Gillespie. The motion passed unanimously. 1300 COUNCIL BILL NO. 2566 - ORDINANCE GRANTING A ZONE CHANGE FROM RS (SINGLE FAMILY RESIDENTIAL) ZONE TO RM (MEDIUM DENSITY RESIDENTIAL) ZONE ON PROPERTY LOCATED AT 2325 N. BOONES FERRY ROAD. Council Bill 2566 was introduced by Councilor Sifuentez. The two readings of the bill were 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 2566 duly passed with the emergency clause. 1398 COUNCIL BILL NO. 2567 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2004-05. Councilor Sifuentez introduced Council Bill 2567. 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 Figley declared Council Bill 2567 duly passed with the emergency clause. l473 SEWER PUMP STATION UPGRADES AT INDUSTRIAL AVENUE AND GREENVIEW DRIVE. It was noted in the staff report that proposals were submitted by Triad Mechanical ($603,900.80) and Emery & Sons ($629,205) for two sewer pump upgrade projects. BJELLAND/NICHOLS... award contract for Industrial Avenue and Greenview Drive sewage pump station rehabilitation projects, Bid No. 2003-018-47, to the lowest responsible bidder, Triad Mechanical, in the amount of $603,900.80. The motion passed Page 19 - Council Meeting Minutes, March 28, 2005 l' COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING unanimously. l508 LIOUOR LICENSE - CHANGE OF OWNERSHIP: Rincon Nayarita. 561 N. Pacific Hil:hway . A Limited On-Premise Sales liquor license application was submitted by Juan Fernandez and Obdulio Damas, DBA: Rincon Nayarita, who recently purchased La Unica restaurant. COX/LONERGAN... City approve the proposed change and recommend to OLCC that they approve the application for Rincon Nayarita. The motion passed 5-1 with Councilor Nichols voting nay. 1560 PLANNING COMMISSION I ADMINISTRATIVE LAND USE ACTION. A) Planning Commission's approval of Design Review 04-15, Variance 05-03, and Variance 05-04 (Kingdom Hall, 1557 June Way) - Construction ofa 4,947 square foot Kingdom Hall (house of worship), variance to reduce the required 24-foot western interior yard setback to lO feet, and variance to allow parking in a yard abutting Highway 211 in an RM zone. No action was taken by the Council to call this matter up for review. 1630 MAYOR AND COUNCIL REPORTS. Councilor Cox paid tribute to Preston Tack who died unexpectedly 10 days ago. He stated that Mr. Tack was a good public spirited citizen who worked hard on issues pertaining not only to Senior Estates but also to the City. He was instrumental in organizing and leading the Senior Estates Community Relations Committee, he served on various Committees for the City, and was a frequent attender at Council meetings. Mayor Figley stated that Mr. Tack was a very decent public spirited person who will be sorely missed. Silas Harvey stated that he was a long-time friend of Preston Tack and he has asked the executives of the Senior Estates Board to allow him to try and sit in Preston's seat again. Councilor Nichols reiterated that Preston made sure that he knew that he could attend the Community Relations Committee on behalf of the Council and Mr. Tack will be missed by Senior Estates and our community. He also stated that the Tulip Festival is slow in getting started and the tulips were barely beginning to open. Councilor Lonergan expressed his appreciation of the local National Guardsmen who recently returned from their tour in Iraq. Mayor Figley stated that Woodburn had a very nice story in the travel section of the Oregonian last week featuring the Tulip Festival, Downtown, and Settlemier Park. The newspaper also included a very thought provoking article authored by Superintendent Walt Blomberg about the "No Child Left Behind" legislation and some of the consequences for communities with our demographics. She also mentioned that the Youth Leadership group participated in a mock City Council meeting last week and she Page 20 - Council Meeting Minutes, March 28, 2005 v COUNCIL MEETING MINUTES MARCH 28, 2005 TAPE READING felt that it was an educational and enjoyable session. 2045 ADJOURNMENT. NICHOLS/MCCALLUM... meeting be adjourned -The motion passed unanimously. The meeting adjourned at lO:45 p.m.. ATTEST Mary Tenn t, Recorder City of W oodbum, Oregon ~J Page 21 - Council Meeting Minutes, March 28, 2005 ,..