Loading...
Minutes - 01/09/2006 COUNCIL MEETING MINUTES JANUARY 9, 2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 9, 2006. 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, Public Works Director Tiwari, Interim Community Development Director Zwerdling, Finance Director Gillespie, Park & Recreation Director Westrick, Public Works Manager Rohman, Associate Planner Salas, Senior Engineering Tech Scott, City Recorder Tennant 0042 ANNOUNCEMENTS. A) Martin Luther King Holiday - City Hall and the Library will be closed on Monday, January 16, 2006, in observance of Martin Luther King holiday. The Aquatic Center will be open with their regular hours of operation. B) Styrofoam Collection Event has been scheduled by Marion County environmental Services for January 21,2006 from 9:00 am until 3:00 pm at Pringle Creek Community in Salem. C) Public Hearing will be held on January 23,2006 to consider formal interpretation #05-01 for the location of a secure residential care facility at 1605 E. Lincoln Street. D) Public Hearing will be held on January 23,2006 to consider a property sale to Habitat for Humanity. 0114 BUDGET COMMITTEE RE-APPOINTMENT. Mayor Figley re-appointed Alma Grijalva to the Budget Committee, Position III, with her term to expire on December 31, 2008. MCCALLUMINICHOLS... approve the re-appointment of Alma Grijalva to the Budget Committee with a term expiration date of December 31,2008. The motion passed unanimously. 0157 PRESENTATION - LEGION PARK FLAG POLE CONTRIBUTORS. Mayor Figley stated that a new flag pole has been erected in Legion Park and she recognized the following financial contributors to this project: JoAnn Beck, Attorney; Page 1 - Council Meeting Minutes, January 9,2006 T COUNCIL MEETING MINUTES JANUARY 9, 2006 TAPE READING Laura Broz of Brown Insurance Agency; Corvanta -Marion, Inc.; Estates Realty; Hallmark Properties; Klien & Hand, Attorneys; Andrew H Ulven of Howard Holdings, Inc.; Mid-Valley Bank; William D. Lang of Win Co Foods; Wolfer's Inc.; Woodburn Fertilizer; Woodburn Independent; Terry Withers of Woodburn Construction; James A. Cox, Attorney; Lou Villa; and Mr. & Mrs. V ance Yoder. She also presented Certificates of Appreciation to Terry Withers, Bert Bartholomew, Peter Hall, and Nick Davis of Woodburn Construction; Ben Vasquez, Brian Amzen, and Mike Shepard of Cougar Electric; and Dan Evers and Ivan Vistica of American Legion Post No. 46. On behalf of the American Legion Post No. 46, Dan Evers and Ivan Vistica presented the City with an American Flag to fly on the pole. 0300 CHAMBER OF COMMERCE REPORT. Nick Harville, Executive Director, provided the Mayor and Council with recent office statistics which included statistics from the Visitor's Center at Woodburn Company Stores. He stated that the Visitor's Center is averaging 47 visitors each day over the last five months and it is anticipated that the number will increase as summer approaches. Additionally, 19,000 pieces ofliterature have been distributed at the Center. On January 111h, a new study will be put out by Travel Oregon and some of the early statistics to be presented in this study states that 2005 tourism spending in Oregon was $7.4 billion which is 7.4% more than in calendar year 2004. Upcoming Chamber events are as follows: 1) Annual dinner will be held on January 27th at Country Meadows; 2) the Business Summit, hosted by the Woodburn and Silverton Chambers, will be held on February 14th at the Woodburn Armory for the purpose of creating better access to some of the industries and businesses that are here in the area. A business fair will be held in the afternoon to expose 8th and 9th graders in the local School districts to what jobs are available so that they can select elective classes based on the type of work they may be interested in. The keynote speaker at this event will be Lita Colligan, Workforce Advisor from the Governor's office. 3) Chamber Forum will be held on January 18th with Mayor Figley to give the State of the City address. 0482 WOODBURN SCHOOL DISTRICT REPORT. Superintendent Walt Blomberg stated that the following individuals have been appointed as principles to the new small high schools: Jennifer Dixon will be principle at the Arts and Communication School; Gerry Frederico will be principle at the Business & Technology School; and Chuck Ransom will be principle at the International School. The District is recruiting outside of the district for a person to become principle of the Health Wellness School. The small schools are now creating the visions and curriculum that will coincide with those visions so that they will be able to communicate with the Page 2 - Council Meeting Minutes, January 9,2006 COUNCIL MEETING MINUTES JANUARY 9, 2006 TAPE READING students and parents about the schools. A meeting has been scheduled with 8th grade parents for February 25th to familiarize the parents with the process prior to selection of a school. He stated that the School District has been working with the Fire and Police Departments for community preparedness which includes coordination of services in case an emergency should occur. Lastly, the district had a long break over the holidays and school is now back in session. District staff had evaluated past student attendance and found that many families travel this time of the year and many ofthe Russian students have a holiday immediately following the traditional Christmas holiday. To insure that the district had the most students in class most of the time, the District had made a decision to lengthen the winter break. 0725 CONSENT AGENDA. A) approve the Council minutes of December 12,2005; B) accept the Recreation and Parks Board draft minutes of December 13, 2005; C) accept the Planning Commission minutes of November 10, 2005; D) accept the Library Board minutes of December 14,2005; E) receive the Planning Tracking Sheet dated January 3,2006; F) receive the Building Activity Report for December 2005; G) receive the Claims Report for November 2005; and H) receive the report on the Hiring Process for an Assistant City Attorney. NICHOLSIMCCALLUM... adopt the Consent Agenda as presented. The motion passed unanimously. 0802 T ARLED BUSINESS. Mayor Figley stated that staff work on this agreement is nearly complete and it will be brought before the Council at the next regular meeting. 0824 PUBLIC HEARING: APPEAL OF ZONING ADJUSTMENT CASE FILE NO. 05- 02 LOCATED AT 120 SMITH DRIVE. Mayor Figley declared the public hearing open at 7:16 p.m.. Councilor Cox stated that he had viewed the site so that he could better understand the appeal which is now before the Council. The Mayor and Councilors also stated for the record that they are familiar with the site. Recorder Tennant read the land use stated as required under ORS Chapter 197. Interim Director Zwerdling stated that she had approved a zoning adjustment on property located at 120 Smith Drive on November 28,2005 which would reduce the rear yard setback from 24 feet to 19.42 feet to allow for the expansion of an existing garage towards the rear of the property. The following two conditions within the approval were appealed by the property owner David Emmenegger: I) proposed garage expansion shall Page 3 - Council Meeting Minutes, January 9,2006 COUNCIL MEETING MINUTES JANUARY 9, 2006 TAPE READING comply with the minimum 20 foot setback from the front property line adjacent to Workman Drive, and 2) the Public Works condition which states that the existing driveway approach to the site from Workman Drive needed to be repaired for safety reasons prior to building permits being issued. She stated that this was a de nova public hearing allowing for additional testimony by any party. futerim Director Zwerdling stated that the site plan showed a setback of 14.72 feet from the side property line adjacent to Workman Drive while the Woodburn Development Ordinance requires a 20 foot front yard setback and applies to setback adjacent to the street. Staff had informed the property owner of the problem and informed them that they could either submit a revised site plan to show conformance or submittal of a variance application for Planning Commission review. The applicant did not want to revise his plan or submit a variance application and, given there is the 120-day rule to follow, staff proceeded to bring this appeal to the Council. The driveway is missing a section of concrete which has been identified as a safety hazard and there is a City ordinance which requires a property owner to fix the driveway approach. 1369 Councilor Cox stated that the existing house and existing garage are already within the 20 foot setback and questioned if the house was built either before the 20 foot setback was established or in violation of the 20 foot setback. futerim Director Zwerdling expressed her belief that the home was built before the 20 foot setback was established by the City. However, any expansion on the site would be subject to the current code. Councilor Bjelland questioned if this would be an extension of a garage or if it would be a new garage which will have new garage doors and a driveway onto Workman Drive. futerim Director Zwerdling stated that it would be an expansion of the existing garage and the building within the 20 foot setback would require a variance. Councilor McCallum questioned if the applicant would be required to fix the driveway even if this application was not currently before the Council. futerim Director Zwerdling stated that applicant would be required to repair the driveway approach under an existing City ordinance. 1640 Dan Atchison, Attorney representing David Emmenegger, stated that their position is that the existing dwelling is already a legal non-conforming use that exists within the setback. The extension onto the dwelling would not encroach any further into the setback and would be parallel with the existing building. His interpretation of the City code is that when building an accessory building that is attached to the existing structure, the accessory building is required to be counted as part of the existing structure. fu regards to the driveway cutout, he stated that they were appealing that condition more as a clarification as opposed to an objection to the condition. He stated that the applicant had cutout a section of the concrete in order to install a sprinkler system and, in the performance of this expansion, he may have to readjust the elevation of the driveway which would require removal ofthe concrete and replacing it at a different height level. Page 4 - Council Meeting Minutes, January 9,2006 COUNCIL MEETING MINUTES JANUARY 9, 2006 TAPE READING The applicant has no problem with repairing the cutout but they wanted to make sure that the condition of approval did not require it to be removed completely. He reiterated that there will be garage doors existing where the garage doors are now and the existing driveway will be used for access to the new garage. Councilor Cox questioned if the new extension will take access from the same driveway or if it would take access off of Workman Drive. David Emmenegger stated that he would like to put a garage door off of the Workman Drive driveway in order to make the extension more usable. Councilor Cox referred to page 53 of the agenda packet and questioned how the home could have been constructed inside of the setback ofthe plat. Attorney Atchison was not sure if the setback figures on the zone map are the same as what was in place when the house was first constructed. No one in the audience spoke either for or against the application. Councilor Cox agreed that the gap in the driveway needs to be filled in, however, the applicant has appealed the condition since they do not feel that it should be a condition and should be enforced in some other way. Staffs justification for including it as a condition is included in Ordinance No. 1917 and, in his reading ofthis ordinance, he did not feel that it applied to this driveway since, in this case, the driveway is not any part of a sidewalk. Senior C.E. Technician Scott stated that they had included the condition based on the statement in the Ordinance that it includes the driveway approach. Councilor Bjelland questioned staff on their interpretation of accessory building. Councilor Cox stated that the general rule in other cities is that a legal non-conforming use cannot be expanded and, in his opinion, this application would provide for the expansion of a non-conforming use. Interim Director Zwerdling referred to Section 1.104.04 which deals with change or expansion of an existing use within a non-conforming structure. Attorney Shields stated that the findings to be included in the ordinance would establish a non-conforming use. Interim Director Zwerdling also stated that the zoning ordinance refers to an accessory building that is detached and, in this case, the building would be attached to the garage. Attorney Atchison requested that the record be kept open so that they could provide evidence that the dwelling is a legal non-conforming use. He also expressed his opinion that the applicant is not making the property any more non-conforming since they are staying at the same setback encroachment. It has been suggested that the applicant could go through a variance process, however, he stated that the issue is that the existing structure is a legal non-conforming use. Also, their interpretation of the code is that the building is attached to the existing structure which then makes it an extension of the structure and in compliance with the development code. Attorney Shields stated that if the Council were to leave the record open for 7 days, then it would be necessary to request the applicant to agree to an extension of the 120-day rule. Page 5 - Council Meeting Minutes, January 9,2006 COUNCIL MEETING MINUTES JANUARY 9, 2006 TAPE READING He also stated that there are certain issues raised in the appeal and the non-conforming use is not in the appeal. Attorney Atchison stated that the applicant would be willing to waive the 120-day rule for the record process to remain open. In regard to the appeal, he stated that they had raised the issue of the side and setback in general and he believed that they were entitled to raise any legal argument within that singular issue of the setback requirement. Interim Director Zwerdling stated that the 120-day rule would expire on January 27,2006 and she suggested that it be extended by 30-days which would give the Council the next meeting to review the record and the following meeting to adopt an ordinance. COX/SIFUENTEZ... close the hearing but keep the record open for additional submittals as requested by the applicant on condition that the applicant would agree to the extension of the 120-day rule to February 27,2006. Mayor Figley questioned if she should close the public hearing at this time. Attorney Shields advised the Mayor to close the hearing but leave the record open for 7 days to allow for submissions provided that the applicant agrees to the extension of the 120-day rule. Attorney Atchison stated that the applicant has no objection to waiving the 120-day rule until February 27, 2006 in order to allow the record to remain open. Mayor Figley declared the public hearing closed at 7:45 p.m.. On roll call vote, the motion passed unanimously. Councilor Nichols urged the property owner to make a temporary repair to the driveway apron since it is a hazard. 3095 COUNCIL BILL NO. 2602 - ORDINANCE ANNEXING 9.62 ACRES OF PROPERTY INTO THE CITY LOCATED ON THE SOUTH SIDE OF MOLALLA ROAD AND NORTH OF JUNE WAY. GRANTING A ZONE CHANGE FROM MARION COUNTY UTF TO CITY CG ZONE. APPROVING DESIGN REVIEW APPLICATION CASE FILE NO. 04-18. AND ATTACHING CERTAIN CONDITIONS (2045 MOLALLA ROAD). Councilor Sifuentez introduced Council Bill 2602. 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 2602 duly passed. 3249 COUNCIL BILL NO. 2603 - ORDINANCE VACATING THAT PORTION OF SIXTH STREET SOUTH OF WEST LINCOLN STREET. Mayor Figley stated that the agenda title states that this bill has an emergency clause, however, the actual Council Bill in the packet does not have the emergency clause. Council Bill 2603 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 Page 6 - Council Meeting Minutes, January 9,2006 COUNCIL MEETING MINUTES JANUARY 9, 2006 TAPE READING for final passage, the bill passed 5-0-1 with Councilor Cox abstaining. Mayor Figley declared Council Bill 2603 duly passed. 3400 COUNCIL BILL NO. 2604 - RESOLUTION ESTABLISHING THE COMPENSATION SCHEDULE OF CERT AIN HOURLY AND SEASONAL EMPLOYEES. Councilor Sifuentez introduced Council Bill 2604. 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 2604 duly passed. 3428 COUNCIL BILL NO. 2605 - RESOLUTION INITIATING CONSIDERATION OF THE MILL CREEK GREENWAY MASTER PLAN. Council Bill 2605 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Bjelland stated that it was unclear as to why the Resolution is necessary since the Council has already been discussing this plan. Attorney Shields stated that this would be a land use regulation and, under the City's Development Code process, the first step is to adopt a Resolution then it is forwarded to the Planning Commission to begin the land use process. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2605 duly passed. 3672 ACCEPTANCE OF PUBLIC RIGHT-OF-WAY. Staff recommended the acceptance of public right-of-way from the Oregon Child Development Coalition, Inc. which is a 25-foot strip ofland adjacent to West Hayes Street and a 7-foot strip ofland along their frontage adjacent to Settlemier Avenue to a point 130 feet north of West Hayes Street. It was noted that this dedication ofright-of- way was a condition placed on the property owner as a condition of the Sixth Street vacation. COX/MCCALLUM .... accept the public right-of-way offered as described in Attachment "A" to the staff report. The motion passed unanimously. 3725 REVISION TO BUSINESS REGISTRATION ORDINANCE. Mayor Figley stated that staff report was being presented to the Council for their information in advance of presenting an actual ordinance thereby giving the Council an opportunity to comment or ask questions of staff. Councilor Cox questioned if an ordinance had been prepared in draft form for the Council to review. Finance Director Gillespie stated that a draft ordinance is ready for Council review but it was not presented at this meeting since staff wanted to see if the Council had any concerns or questions. Page 7 - Council Meeting Minutes, January 9,2006 T COUNCIL MEETING MINUTES JANUARY 9, 2006 TAPE READING Councilor Cox stated that he had a lot of questions on this proposal but felt it would be easier for him to make his questions more relevant if he could see the draft ordinance. Councilor Bjelland stated that one issue of concern is the definition of home occupation and he questioned if the ordinance includes a definition. Finance Director Gillespie stated that he did not see this definition in the draft ordinance and staff would make necessary changes to address this issue. He stated that the City has 732 registered businesses but there has been 856 additional businesses identified that might qualify as businesses that should be registered. In making the financial impact projections, the existing number of businesses registered, the numbers identified as potentially registered businesses, and the 90% rate was used to estimate the revenue Increase. Councilor Cox questioned ifthe Chamber group participating in this review process had signed off on the final draft. Finance Director Gillespie stated that staffhad met with the Chamber during the latter part of December and they had signed off on the draft document. In attendance at the meeting were members of the Chamber Executive Committee. The Woodburn Downtown Association was also invited but they were unable to attend the meeting. 4201 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's Approval of Design Review #05-09 located at 153 Grant Street: Approval given to place an awning on the south building elevation located at 153 Grant Street. Mayor Figley stated that she owns the property next door at 171 Grant Street and she does not object to this design review approval. No action was taken by the Council on this issue. 4260 MAYOR AND COUNCIL REPORTS. Councilor Lonergan thanked the staff for the information presented in the City's Quarterly Newsletter on the City's Emergency Management program and steps our residents can take to prepare themselves in case of a disaster. He urged the public to read the newsletter and follow the advice outlined in the newsletter. Councilor McCallum agreed with Councilor Lonergan and hoped that staff has extra copies available for distribution to new residents. Councilor McCallum also congratulated the Parks & Recreation Department and the Downtown Association for their contribution to Christmas Tree Lighting program. He also reminded the public that February 2, 2006, 7:00 p.m., Bunker Restaurant at North Park Plaza, is the kickoff event for Relay for Life 2006. The relay will be held on June 23 and 24, 2006 at the Woodburn High School. Councilor Bjelland stated that he hoped to report some good news in the near future on potential grant funds for the completion of sidewalks along Highway 214 in the vicinity of the high school. Page 8 - Council Meeting Minutes, January 9,2006 COUNCIL MEETING MINUTES JANUARY 9, 2006 TAPE READING Mayor Figley urged citizens to read the newsletter just in case a natural disaster does occur III our area. 4596 EXECUTIVE SESSION. Attorney Shields stated that there is no need to hold an executive session at this meeting. 4639 ADJOURNMENT. MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:09 p.m.. ATTEST ---L!1~ ~ Mary Te t, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, January 9,2006