Loading...
Minutes - 03/12/2007 COUNCIL MEETING MINUTES March 12, 2007 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 12,2007. 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, Community Development Director Allen, Public Works Manager Rohman, City Recorder Tennant 0055 ANNOUNCEMENTS. A) Community workshops to provide public input to the consultants for the update ofthe Woodburn Downtown Plan will be held at Lupita's Restaurant, 311 N Front Street, on the following dates and times: Wednesday, March 21,2007 between 11:00 am and 2:00 pm, walking tour between 12:00 noon and 1 :00 pm, and an evening session between 6:00 pm and 8 :00 pm Thursday, March 22,2007 between 11 :00 am and 2:00 pm, and a presentation from 6:00 pm until 8:00 pm B) Aquatic Center has reopened for public use after being closed for two weeks of maintenance. 0139 CHAMBER OF COMMERCE REPORT. Nick Harville, Chamber Executive Director, reminded the public that the Community Auction is scheduled for Saturday, March 17th, and tickets are available at the Chamber office. He stated that the Chamber has settled into their new downtown office and the meeting space above their office is closer to completion. He encouraged the public to stop by their office which is located on the comer of Lincoln and Front Street. Mr. Harville distributed a copy of an advertisement that will appear in the Travel Portland book which is put in all hotel rooms in Portland and passed out at the convention center. In order to pay for the advertisement, the Chamber partnered with six (6) other partners including the Silverton Chamber of Commerce. It is anticipated that Woodburn will get Page 1 - Council Meeting Minutes, March 12, 2007 r r COUNCIL MEETING MINUTES March 12, 2007 TAPE READING good exposure with this recent venture and another Chamber partnership will provide a travel advertisement within the Oregonian newspaper. On April 1,2007, the Chamber will introduce their Workforce Development program which is close to completion by the University of Oregon Career & Information Systems. The program development costs are approximately $41,000 and grant funds will pay for a portion of the cost with licensing fees off of the software paying for the remainder of the program development costs. He stated that this program is very unique and there is no other community or region in Oregon that has this program. He anticipated that it will take the remainder of this calendar year to work with the businesses and the five local school districts to train them on how to use the software program. In regards to the Chamber's website, Evan Thomas is close to completing the new web site and information will be brought current when the new website is in place. Councilor McCallum stated that Mr. Harville will be the Chamber Forum speaker on March 21,2007,12:00 noon, at Wellspring and he will be providing more information to the attendees on the Workforce Development program. 0496 WOODBURN SCHOOL DISTRICT. Walt Blomberg, School Superintendent, stated that the State of Oregon is now apologizing for the problems associated with computerized state-wide testing since the company they were contracting with to do all of the on-line testing has decided not to adhere to their contract and tests will most likely be back to paper/pencil tests sometime this year. It is unknown yet as to what it will mean to students since the system had a multitude of problems and many students had become so frustrated that they did not complete the tests. In regards to the High School play "The Runaways", there are some legitimate concerns that the School District believes that they have addressed. Some language, and at least one situation in the play, were considered to be not appropriate and editing has been done some of which by the author. Parents ofthe participating students were the first to be exposed to the original contents of the play and, with issues being resolved, the play will be held on April 6 and 7, 2007. If anyone is interested in reading the play prior to the performance, copies are now available to the public. In regards to the Community Auction, he stated that the Woodburn FFA and Bulldog Foundation are partners with the Chamber on this fundraising event. He also stated that the School District continues to work on two curriculums: (1) Grade 6- 12 Science was put into place last year and now they are backfilling in Grade K-5; and (2) the Grade K-5 Language Arts is fairly solid and emphasis will now be in Grades 6-12. Councilor Lonergan congratulated the Boys High School Basketball team for going to the second round of playoffs. Page 2 - Council Meeting Minutes, March 12,2007 r T COUNCIL MEETING MINUTES March 12,2007 TAPE READING 0852 CONSENT AGENDA. A) approve the regular and executive session Council minutes of February 26,2007; B) approve the regular and executive session Special Council meeting minutes of March 6, 2007; C) accept the Recreation and Park Board draft minutes of February 28,2007; D) receive the report on Claims for February 2007; E) receive the Planning Project Tracking Sheet dated March 8, 2007; and F) receive the Building Activity report for February 2007. MCCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion passed unanimously. 0925 COUNCIL BILL NO. 2655 - ORDINANCE PROVIDING A PROCESS FOR THE FORCED CONVERSION OF ELECTRIC AND COMMUNICATION FACILITIES UNDER THE AUTHORITY DELEGATED BY THE STATE OF OREGON. Mayor Figley stated that this bill had been first introduced and read at the last regular meeting, however, it did not receive a unanimous vote. She called for a second reading of the bill by title only since there were no objections from the Council. Councilor Cox reiterated his objection to the bill for all ofthe reasons he had stated in the previous meetings. He feels that it is a hidden tax and it should not be happening in an urban renewal project, but if it were to occur, then it should be voted on by the people. He had received several telephone calls over the last two weeks and every one of the individuals have expressed views similar to his. He feels that the Council is destroying their credibility with the public by moving forward with this type of action just because the Council thinks that they know best when it comes to spending the public's money. He also felt that there is a chance that this ordinance, if adopted, will be referred by petition to a vote of the people. He reiterated that passage of this ordinance will create ill-will with residents of the community. Councilor McCallum stated that he is concerned about comments from community members but he has also received telephone calls from constituents who are understanding of the proposal. Staff has made a commitment to look for grants or other funding sources to pay for the undergrounding costs rather than PGE going to the Public Utility Commission for a rate adjustment. As an elected official, he feels that he has an obligation to make a decision for his constituents based on comments made to him by his constituents. He hoped that staff would aggressively pursue all available funding sources. He also stated that he felt that the undergrounding of utility lines along North Front Street is needed for health and safety reasons. Mayor Figley stated that forced undergrounding cannot be done without more affirmative action other than passing this ordinance. This is only a tool that needs to be put into place even though it may not be necessary to use this tool if funding can be found elsewhere. Page 3 - Council Meeting Minutes, March 12, 2007 r r COUNCIL MEETING MINUTES March 12,2007 TAPE READING On roll call vote for final passage, the bill passed 5-1 with Councilor Cox voting nay. Mayor Figley declared Council Bill No. 2655 duly passed. 1269 COUNCIL BILL NO. 2657 - ORDINANCE AODPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2006-07. Councilor Sifuentez introduced Council Bill No. 2657. 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 No.2657 duly passed with the emergency clause. 1345 COUNCIL BILL NO. 2658 - RESOLUTION ESTABLISHING EMPLOYEE COMPENSATION FOR THE PART-TIME HOURLY POSITION OF LIBRARIAN. Council Bill No. 2658 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2658 duly passed. 1400 MEASURE 37 CLAIM NO. M372006-01. Councilor Cox stated that the claimant and his attorney are present at this meeting and, even though it is not a public hearing, he questioned if it would be out of order to allow the claimant's attorney to state his views. Attorney Shields stated that it is up to the Council, however, just prior to this meeting, he did receive a letter from the claimant's attorney. There was a time frame set for last Wednesday to receive written comments and, after a discussion with the City Administrator and checking on the mailed notice, the time frame was extended to the close of business last Friday. The letter he just received from Attorney Webb is late but he did not see why the Council would not want to consider the letter and, after reviewing the letter, then decide if they want to hear any testimony. He stated that Mr. Webb had informed him tonight that he had been gone from his office. BJELLAND/LONERGAN... Council see the letter. The motion passed unanimously. The original letter dated March 12,2007 was provided to the City Recorder and copies of the letter were distributed to the Mayor and Council who then took a few minutes to review the contents of the letter. Councilor Cox questioned if this letter would be part of the record on this proceeding. Attorney Shields stated that letter is now a part of the record and, as stated in the staff report from City Administrator Brown, the background material in the agenda packet along with the entire application and supporting materials are on the City Recorder's desk are also part of the record. Councilor Cox felt that any comments to be made by Attorney Webb would most likely not change anything and Mr. Webb did state his position in the letter. Page 4 - Council Meeting Minutes, March 12,2007 r T COUNCIL MEETING MINUTES March 12, 2007 TAPE READING Councilor Bjelland stated that the intent of the letter is to explain our position with regard to the findings of fact and whether or not the Council intends to impose any restrictions not allowed by Measure 37 upon the use of the property. In the Council's discussions, he felt that it has been made clear that in the Findings of Fact, the Council intends on allowing the applicant any use of the property allowed by Measure 37 but there are certain issues which are exempt from Measure 37. In his opinion, the Council will not impose restrictions that would be contrary to Measure 37 but there are issues which Measure 37 allows the City to do in reviewing any application for use of a property and the City intends on applying those provisions. Councilor Cox felt that the applicant is getting what he is asking for and it is impossible for the City to list every single ordinance that is being waived since there is no application for a specific use before the Council. All the Council can say is that if it is something that is allowed by Measure 37 then the Council is allowing it and, without a specific application before them, he did not feel that the Council could go much further. BJELLAND/COX... approve the attached Findings of Fact and Decision and authorize the Mayor to sign this document on behalf of the City in regard to the Measure 37 claim before the Council. The motion passed unanimously. 1920 CITY ADMINISTRATOR'S REPORT. City Administrator Brown stated that Attorney Shields and Community Development Director Allen would provide a brief update to the Council on the recent LCDC hearing. City Attorney Shields stated that he felt the letter from the Mayor had the most impact with LCDCand Commissioner Josi did agree with the City's position. However, LCDC did sustain the remand and even though the issue is on street standard and parking associated to the street standard, it does not necessarily mean that the City needs to change anything. For example, one commissioner made it clear that he wanted a better explanation. He also mentioned that the members spoke in general about the quality of the periodic review submission and how the issue before them was a small issue in relation to the large issues such as the urban growth boundary expansion. Community Development Director Allen stated that he has begun work with planning and engineering staff on options for the City to consider and he has a call in to LCDC on the process to follow on the remand. There is three month time frame to submit revised findings to LCDC and he will be taking concepts to the Planning Commission to reduce some of the parking area requirements when there is no on-street parking which is a concern voiced by LCDC. Staff may be submitting amendments to the Transportation Systems Plan and Woodburn Development Ordinance for Council consideration or there may be a number of findings to justify why no changes should be made to the existing documents. He reiterated that staff will be bringing something back for consideration, going through the public process, and ultimately for another decision to be made by the Council for submittal to LCDC on this remand. Page 5 - Council Meeting Minutes, March 12, 2007 r i COUNCIL MEETING MINUTES March 12, 2007 TAPE READING Councilor Cox questioned if there was a tour of our City by LCDC as previously planned, and if the LCDC decision was appealable. Attorney Shields stated that there was an informational presentation and a tour. In regards to the remand, he did not feel that, as a practical matter, it would be appealable since there is not an issue that could be raised. Councilor Bjelland questioned what effect the remand issue has on the final determination. Director Allen stated that everything is final, however, the 60-day time period to appeal the LCDC decision made in January 2007 is still open. He also stated that the LCDC concern was with what they perceived as an excess in the number of parking requirements and costs associated with the extra width. The City does have the opportunity to adopt more options but the City will need to justify the options if they are not narrower streets and less parking. Attorney Shields stated that many local governments had previously testified against a 28-foot safe harbor width because it would then become the standard so LCDC had decided not to establish a safe harbor standard. However, LCDC does have some discretion under their rule to make a judgment call. Their Transportation planner had stated that he had applied a safe harbor of 28-feet even though the Commission had decided that there was no safe harbor. Director Allen clarified that the 28-foot street width would apply to a local street in a residential area that would allow on-street parking on both sides ofthe street. Within our current City standards, the adopted street width for on-street parking on both sides of the street is 34-feet. Councilor Bjelland expressed concern that LCDC is misunderstanding the concept of safe harbor. It is not meant to set any standard but only be a secure legal position that cities can use. 3023 Administrator Brown also mentioned that a personnel item needed to be added to the Executive Session. 3045 MAYOR AND COUNCIL REPORTS. Councilor McCallum reminded the public that the Mayor's Prayer Breakfast will be held on Friday, March 16th, 6:30 am to 8:00 am, at the United Methodist Church. Councilor Bjelland stated that the Community Development Partnership Board of Directors meeting will be held on Wednesday and on it was a list of the projects being submitted for economic development grants. He noticed that Woodburn had 3 projects on the list one being for planning for urban renewal, a $4 million application for a widening improvement on Front Street, and a $600,000 grant application for the Association Building. 3335 Councilor Sifuentez stated that 4,500 lbs of food was collected at MacLaren for the Governor's Food Drive ($735.00) which will be given to the AWARE Food Bank. She Page 6 - Council Meeting Minutes, March 12, 2007 r r COUNCIL MEETING MINUTES March 12,2007 TAPE READING thanked everyone who helped to make this contribution possible. She also stated that the Dial-a-Ride program does make a big difference to our senior community for getting them to appointments and she expressed her appreciation to the Transit staff for the work they are doing to help these individuals. 3400 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority ofORS I 92.660(1)(h), ORS 192.660(1)(f), and ORS 192.660(1)(d). NICHOLS/LONERGAN.... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:54 p.m. and reconvened at 8:25 p.m.. 3422 Mayor Figley stated that no action was taken by the Council while in executive session.. 3440 ADJOURNMENT. NICHOLS/MCCALLUM.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:26 p.m.. ~--- ~ / . APP / ?4 ---r- 1 ATTEST I tl-~ l4~"--a-y.5/- Mary Ten ant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, March 12, 2007 r T Executive Session COUNCIL MEETING MINUTES March 12, 2007 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 12, 2007. CONVENED. The Council met in executive session at 7:56 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant The executive session was called pursuant to the following statutory authority: (A) ORS 192.660 (l)(h) - To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed; (B) ORS 192.660(1)(0 - To consider records that are exempt by law from public inspection; and ( C) ORS 192.660(l)(d) - To conduct deliberations with persons designated by the governing body to carryon labor negotiations. ADJOURNMENT. The executive session adjourned at 8:24 p.m.. ATTEST l1/',:ltw~~ Mary Te nt, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, March 12,2007 r r