Loading...
Minutes - 12/12/2005 COUNCIL MEETING MINUTES DECEMBER 12, 2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 12, 2005. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0010 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, Police Chief Russell, Interim Community Development Director Zwerdling, Finance Director Gillespie, Public Works Manager Rohman, City Recorder Tennant 0042 ANNOUNCEMENTS. A) Holiday Closures: Christmas - City Hall and the Library will close at 12:00 noon on Friday, December 23rd, and re-open for regular business on Tuesday, December 27th. The Aquatic Center will be closed on December 24 and 25,2005. New Years - City Hall will be closed on January 2, 2006. The Library will be closed on January 1 and 2, 2006. The Aquatic Center will be closed on January 1, 2006. B) Library Program for Children featuring Mrs. Claus will be held on December 17, 2005, 2:00 p.m. along with festive fun including magic and rabbits. C) Historical Berry Museum will be hosting a holiday open house on December 16, 2005 from 1 :00 pm until 3:00 pm. Glenda McClain will be performing Christmas music during the open house. D) Public hearing will be held before the City Council on January 9,2006, 7:00 p.m., to consider an appeal of the Community Development Director's approval of zoning adjustment 05-02 (120 Smith Drive). 0113 PARK AND RECREATION BOARD RE-APPOINTMENTS. Mayor Figley re-appointed Bruce Thomas {position Vn and Herb Mittmann (Position VII) to the Park and Recreation Board with their new terms ending December 31,2008. MCCALLUM/COX... confirm the Mayor's re-appointment of Bruce Thomas and Herb Mittmann on the Park and Recreation Board. The motion passed unanimously. Page 1 - Council Meeting Minutes, December 12, 2005 COUNCIL MEETING MINUTES DECEMBER 12, 2005 TAPE READING Mayor Figley stated that there are vacancies on the Budget Committee and Library Board. She urged residents interested in serving on either one of these boards to submit an application to the City Administrator's office for her review. 0230 CONSENT AGENDA. A) approve City Council regular and executive session minutes of November 28,2005; B) accept the Library Board minutes of November 9,2005; C) accept the Planning Commission minutes of October 13,2005; D) receive the Building Activity report for November 2005; E) receive the Planning Tracking Sheet dated December 1, 2005; and F) receive the Police Department Statistics dated November 2005. NICHOLS/SIFUENTEZ... adopt the consent agenda as presented. The motion passed unanimously. 0280 TABLED BUSINESS: UNION PACIFIC PIPELINE CROSSING AGREEMENT. Mayor Figley stated that staff is trying to obtain more information on this issue, therefore, this item will remain on the table. 0290 PUBLIC HEARING: ANNEXATION 04-02. ZONE CHANGE 04-02. AND DESIGN REVIEW 04-18 LOCATED AT 2045 MOLALLA RD. Mayor Figley declared the public hearing open at 7:07 p.m.. The Mayor and Councilors each stated that they are familiar with the location of the property. Recorder Tennant read the land use statement required under ORS Chapter 197. Interim Director Zwerdling stated that the Latter Day Saints (LDS) Church has submitted a land use application to (1) annex 9.62 acres into the City, (2) change the zoning from Marion County Urban Transition Farm (UTF) to City Commercial General (CG), and (3) design review for a 25,000 square foot church, 300 square foot storage facility, and an 1,800 square foot pavilion for a covered picnic shelter. The Planning Commission adopted their Final Order recommending approval of the application, subject to conditions outlined in the order, on October 13,2005. She stated that the applicant's project had met all of the applicable standards and criteria within the City's Development Ordinance and utility services can be provided to the subject property. The applicant will pay for all linkage and capacity issues and for all costs related to the development of the subject site so that the City is not burdened with the impact. A letter from Charlotte Carson-Jeske and James Jeske (property owners adjacent to the east side of the subject site) was received by the City on this date, entered into the record, and copies of this letter provided to the Council for their consideration. It was noted that the applicant has been meeting with the property owners to work through different issues of concern. Councilor Cox questioned if this was a de nova hearing on the design review application. Page 2 - Council Meeting Minutes, December 12, 2005 T COUNCIL MEETING MINUTES DECEMBER 12, 2005 TAPE READING Interim Director Zwerdling stated that it is part ofthe ordinance and structure and the property is currently in Marion County. It has been the City's policy to process applications concurrently so the design review request is subject to the annexation and zone change requests. The design review would be contingent upon the annexation and zone change. The Planning Commission has recommended that the annexation, zone change, and design review be approved by the Council. 1072 Mark Cottle, representing LDS Church, stated that they have been working with the property owner to the east and most of the design changes are associated with landscaping and no fence slats so that there is minimal shadows onto the leske's property who grow crops on their property near the property line. The Church is willing to maintain a 4- foot high buffer along the fence line and they will work with the City to plant dwarf or semi- dwarf trees to protect the shadow casts on the Jeske's plants. He also stated that the distance between the edge of the parking lot and property line is about 39 feet. The Church also made another change after the Planning Commission hearing which was to move the trash receptacle to the back so that it would not impose any unreasonable noise on the neighbors. The Jeske's have also requested that the parking on the east side of the building be designated as overflow parking, however, the Church does not feel that they can meet this request since City code encourages parking around the building and their administrative offices are located on the east side of the building. He stated that this building will serve as a Stake Center for Wards located in the Keizer and Woodburn area in addition to accommodating two local Wards at this time. It was noted that these two Wards are in addition to the Wards currently utilizing the LDS Church located on Country Club Road. The interior noise will not go beyond the walls of the building since the general congregation area is surrounded by classrooms. He stated that most meetings will conclude by 9:00 p.m. and occasional dances may extend to 12:00 midnight. It was also noted that the LDS Church located on Country Club Road is approximately 16,000 square feet in size whereas this building would be approximately 25,000 square feet. Councilor Bjelland questioned the construction time table ifthis application is approved. Mr. Cottle stated that they expect an 18-month time period for construction following approval, therefore, the estimated time period for completion is in 2007. No one in the audience spoke either for or against the land use application. 1930 Mayor Figley declared the public hearing closed at 7:32 p.m.. Councilor Cox stated that he had reviewed the Planning Commission record along with the correspondence from the neighbors and the response from the LDS Church. He feels that the concerns have, for the most part, been met by the Church. The leske's have requested that the formal conditions be place on the Church based on what they have agreed to do, however, he is reluctant to formalize those conditions at this time. Attorney Shields stated that the LDS Church as met with the neighbors and they are willing to put into writing certain assurances they have made to the neighbors. He cautioned the Council in that, from a land use perspective, the Council needs to address Page 3 - Council Meeting Minutes, December 12, 2005 T COUNCIL MEETING MINUTES DECEMBER 12, 2005 TAPE READING standards and criteria under the City's code. Even though it is good for the developer to be sensitive to the community and to put into writing their assurances and make representation on the Council's record, the Council still needs to focus on the criteria and the standards. Councilor McCallum concurred with comments made by Councilor Cox. He also stated that he had lived near an LDS Church for about 28 years in a Woodburn neighborhood and the Church was always an excellent neighbor. Councilor Lonergan felt that this would be a good project for the City. Mayor Figley agreed that the applicant has met the City's requirements and have worked with the neighbors to address their concerns. COX/NICHOLS... approve Annexation 04-02, Zone Change 04-02 and Design Review 04-18 and instruct staff to come back with an ordinance to implement that approval subject to all ofthe conditions in the Planning Commission recommendation. On roll call vote, the motion passed unanimously. 2350 ACCEPTANCE OF BANCROFT BOND APPLICATIONS. Staff recommended the acceptance of Bancroft Bond applications submitted by Eldon & Marilyn Hoekstra (2340 Miller Farm Rd) and Brian & Shelby Gales (2491 Tracy Lane) which were received after the initial 1 O-day filing period. COX/NICHOLS.... accept the late filed Bancroft Bond applications. The motion passed unanimously. 2400 AUDIT REPORT FOR FISCAL YEAR 2004-05. BJELLANDINICHOLS... accept the audit report as presented. Finance Director Gillespie stated that a copy of the report is on file at the Library in addition to being available at the Finance office. Councilor Nichols congratulated the Finance Director on receiving a good report. Director Gillespie stated that the management team provides a good internal control of finances which is why the report is so positive. The motion to accept the report passed unanimously. 2503 ACCEPTANCE OF PUBLIC WATER MAIN EASEMENT. Staff recommended the acceptance of a water main easement from Kerr Contractors, Inc. as a condition of a land use approval to construct an office building at 395 Shenandoah Lane. NICHOLS/LONERGAN.... accept the water main easement described as Attachment "A" in the agenda packet. The motion passed unanimously. Page 4 - Council Meeting Minutes, December 12, 2005 COUNCIL MEETING MINUTES DECEMBER 12, 2005 TAPE READING 2552 OREGON LIOUOR LICENSE CHANGE OF OWNERSHIP APPLICATION: FONZIE'S DELI. 1585 N. PACIFIC HIGHWAY. A change of ownership application was submitted by Great Ideas's Inc. for a Limited on Premise Sales license which would allow for the sale and service of malt beverages and wine for consumption on the premise. BJELLAND/LONERGAN.... recommend to GLCC the approval of the change of ownership application for Fonzi's Deli. The motion passed 5-1 with Councilor Nichols voting nay. 2615 AWARD OF CONTRACT FOR EMPLOYEE COMPENSATION STUDY. BJELLAND/MCCALLUM... award a contract for an Employee Compensation Study for general service AFSCME represented employees to the firm HR Answers and authorize the City Administrator to execute an agreement for services in an amount not to exceed $25,000, plus related expenses. Councilor McCallum stated that the cost for this service is becoming much more expensive, however, he feels this work is needed to find out the answers for future labor negotiations. Administrator Brown stated that this is a two phase study with the first phase being the validation of internal alignment to make sure that they are accurately identified several years ago and the second phase being a market study of compensation. The cost for this project will be shared with AFSCME. He also stated that he would like to come back to the Council to amend this contract or establish a new contract that would extend the market survey to the middle management positions which have not been looked at for about 10 years. The motion to award the contract passed unanimously. 2800 PACIFIC LIFE PLAN CLOSURE. NICHOLS/BJELLAND... authorize the City Administrator to execute an agreement with ING Life Insurance and Annuity Company to (1) provide for the transfer of asseyts in the City's Pacific Life Retirement Plan to ING, and (2) to establish ING as the designated service provider for this retirement plan. Councilor Cox stated that this was a very complicated set of issues set out in the staff memo and feels that the staff recommendation is the logical direction to follow. The motion passed unanimously. 2916 CANCELLATION OF THE DECEMBER 26.2005 COUNCIL MEETING. MCCALLUM/BJELLAND... cancel the Council meeting of December 26,2005. The motion passed unanimously. Page 5 - Council Meeting Minutes, December 12, 2005 COUNCIL MEETING MINUTES DECEMBER 12, 2005 TAPE READING 2957 APPOINTMENT OF CITY ADMINISTRATOR PRO- TEM. Mayor Figley stated that Administrator Brown is taking some time off work beginning December 22,2005 and, as part of the City Charter requirements, an administrator pro- tern is to be appointed when the administrator is absent. NICHOLS/LONERGAN... appoint Public Works Director Frank Tiwari as Administrator Pro Tern from December 22,2005 through January 2,2006. The motion passed unanimously. 3022 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's approval of Zoning Adjustment 05-02 (120 Smith Drive): Approval, with conditions, was given to reduce the rear yard setback from 24 feet to 19.42 feet to allow for expansion of an existing garage. It was noted that the property owner is appealing the two conditions that are attached to the approval and the hearing will be held before the City Council on January 9,2005. 3120 MAYOR AND COUNCIL REPORTS. The Mayor and Councilors each wished members of the Council, staff and community for a safe and happy holiday season. 3300 ADJOURNMENT. MCCALLUM/NICHOLS... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:52 p.m.. ATTEST II~~~ Mary term t, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, December 12, 2005 ]