Loading...
Minutes - 10/22/2007 COUNCIL MEETING MINUTES OCTOBER 22, 2007 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 22,2007. 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 Absent Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Police Chief Russell, Acting Public Works Manager Rohman, Community Development Director Allen, Community Services Director Row, Finance Director Gillespie, City Recorder Tennant Mayor Figley stated for the record that Councilor Cox was on vacation. 0028 ANNOUNCEMENTS. A) Special Election - November 6, 2007: Woodburn City Hall is a designated ballot drop site for Marion County. Voters can deposit their ballots into the drop box during regular business hours, however, the City Hall lobby will remain open on November eh until 8:00 p.m.. B) City Hall and the Library will be closed on Monday, November 12,2007, in observance of Veteran's Day. The Aquatic Center will remain open for public use. C) Workshop on Traffic Impact Fees will be held on Thursday, November 15th, 7:00 p.m., in the City Hall Council Chambers. D) Woodburn Police Department District Meetings will be held on the following dates / times: District 2 - November 8th, 6:00 p.m., City Hall Council Chambers District 3 - November 14t\ 6:30 p.m., Woodburn Police Department Community Room District 1 - November 29th, 9:45 a.m., Senior Estates Coffee Hour An additional District 1 meeting will be scheduled in early December in the West Woodburn area once a meeting location has been confirmed. Mayor Figley stated that these meetings relate to advances the Police Department is making in police efficiency and community policing. Chief Russell will be discussing this issue in more detail at a later date. Page I - Council Meeting Minutes, October 22,2007 COUNCIL MEETING MINUTES OCTOBER 22, 2007 TAPE READING 0080 CHAMBER OF COMMERCE REPORT. Don Judson, Interim Chamber Executive Director, stated that November 1, 2007 will be the 5th Annual Crystal Apple Awards event at the Woodburn Armory honoring excellence in local education from the Woodburn School District, North Marion School District, Gervais School District, St. Luke's, and Lord High School. This year there is a record number of 65 nominees. West Coast Bank originally, and continues to be, the primary sponsor and he encouraged the public to attend this annual event. In regards to the business license issue discussed at the last meeting, there has been some movement on the resolution of this matter which will be back before the Council for consideration at their next meeting. 0143 LETTER FROM BRUCE THOMAS. RECREATION AND PARKS BOARD PRESIDENT. Mr. Thomas thanked the Recreation Services Manager Patterson and Community Services Director Row for their work in organizing the Front Street Playground Reconstruction project and, on build day, their consistent hard work in getting the project completed. Mayor Figley also mentioned that Mr. Thomas was also at the park on build day and, like many other volunteers, worked very hard that day. She stated that he also deserves credit for his part in getting the playground project to its fruition. 0168 CONSENT AGENDA. A) approve the Council Meeting minutes of October 8,2007; B) accept the draft Recreation and Park Board minutes of October 9, 2007; C) accept the draft Planning Commission minutes of October 11, 2007; D) receive the Planning Activity report dated October 18,2007; E) receive the Police Department Statistics report for September 2007; F) receive the Code Enforcement Statistics report for September 2007; and G) accept the Highway 214 / Settlemier Avenue / Boones Ferry Road project update. Acting Public Works Director Rohman stated that staff had originally hoped for a September 2007 bid award but that has been delayed because ODOT went back and did an environmental prospectus in addition to some plan changes. The City's consultants did not get their plan changes back to ODOT in time for the December 2007 bid award and the next available bid date is January 17,2008 with bid award by the end of February 2008, construction beginning in March 2008, and project completion by June 2008. Staff will be working with the residents in that area regarding the project once it is closer to being awarded since the plan specifications call for most of the work to be done in the evening hours due to the high traffic volume during the day. It was also noted that this project is two years behind in getting started. Councilor McCallum thanked the Police Department for compiling the Code Enforcement statistics and stated that of the 180 complaints there were approximately 66 Page 2 - Council Meeting Minutes, October 22, 2007 COUNCIL MEETING MINUTES OCTOBER 22, 2007 TAPE READING animal complaints. He questioned what type of animal complaints were more likely to be reported by residents. Chief Russell stated that the complaints were most likely split between barking dogs, animals at large, and animal care check. In regards to dog licensing, the City does enforce the Marion County dog license law in those cases where Code Enforcement has picked up a animal and whoever picks up the animal must obtain a Marion County dog license upon release of the animal. NICHOLS/MCCALLUM... adopt the Consent Agenda as presented. The motion passed unanimously. 0415 COUNCIL BILL NO. 2689 - RESOLUTION APPROVING ASSIGNMENT OF A CABLE FRANCHISE FROM WILLAMETTE BROADBAND. LLC TO WAVEDIVISION VII. LLC. Council Bill No. 2689 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. David Hankin, representing Wave Broadband, provided background information on the company which began in 2002. Corporate offices are located in Kirkland, Washington, but company offices are also located in the San Francisco Bay area and Sacramento area. They are currently expanding to the Willamette Valley and services will be provided to 26 cities and counties in Oregon. They will be either providing new or upgrading services to local residents such as various levels of high speed internet services, HDTV programming, video on demand, and competitive telephone service. These services will be put together either in packages or can be purchased separately. Councilor Bjelland stated that one of the major issues for local residents involves providing HDTV programming and he questioned when this programming will be made available to residents. Mr. Hankin stated that it may take up to one year to get all of the upgrades in place. Counci lor McCallum questioned if channel selection will be increased once the acquisition takes place. Mr. Hankin stated that their company does look at the channel line-ups and, if possible, add channels at no additional cost to the consumer. In regards to customer service, they will continue to have the customer service center at the Woodburn office but customers can also contact the Kirkland, W A office as a back-up to the local office. When they do take over the business from Willamette Broadband, there will be no immediate rate increase to the customers. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2689 duly passed. Page 3 - Council Meeting Minutes, October 22,2007 COUNCIL MEETING MINUTES OCTOBER 22, 2007 TAPE READING 0722 COUNCIL BILL NO. 2690 - RESOLUTION ENTERING INTO AN AGREEMENT WITH THE WOODBURN SCHOOL DISTRICT 103 FOR THE PURPOSE OF COLLECTING A CONSTRUCTION EXCISE TAX AS PROVIDED BY STATE LAW. Councilor Sifuentez introduced Council Bill No. 2690. The bill was read by title only since there were no objections from the Council. Councilor Lonergan questioned if the agreement regarding sharing school facilities had been agreed to by the School District. Administrator Brown provided background information on this new excise tax stated that the City is allowed to be reimbursed for providing the collection service up to 1 % of the amount of total allowable construction tax to be collected on the School District's behalf which is a negligible amount annually based on a five-year projection (approximately $3,500 annually). Staff felt that an agreement which would allow use of school gymnasiums facilities at no charge to the City's youth basketball league, an annual contribution to the Aquatic Center, and opening of playgrounds and recreational space to the public at the end of the school day until dusk at certain schools within the City. The City will be locking down the school playground facilities when they close the City parks each evening. The School District does have a concern regarding unsupervised school facilities and the potential for vandalism since they will not be as secure as they would normally be. Police Department will also swing by the facilities while on patrol to deter illegal activities. Staff's goal is to make better use of recreation fields and playground areas for the recreational programs and for general public use. It was noted that Washington School is not on the list of schools to be opened up for recreational uses since the layout of the facility does not lend itself well for site distances or after hours supervision. It is his understanding that the School Board is in favor of the agreement. Councilor Lonergan felt that this is an excellent agreement for sharing facilities and commended the School District and staff in reaching this agreement. In regards to literature regarding the School Construction Tax, Administrator Brown stated that it is the School District's responsibility to develop literature that City staff would be distributing to developers. He anticipates some difficulty with builders considering that the City fees are too high since they will look at all fees paid whether it goes to the City or School District. Councilor McCallum questioned if there was a provision in the agreement that would, other than school functions, give the City priority over facility use. Administrator Brown stated that school programs will take priority and the City will need to reserve indoor space two weeks in advance. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2690 duly passed. Page 4 - Council Meeting Minutes, October 22,2007 COUNCIL MEETING MINUTES OCTOBER 22, 2007 TAPE READING 1047 BURLINGHAM PARK GRANT AGREEMENT. Staffrecommended the acceptance of the grant agreement which will provide $30,000 in state funding towards the Burlingham Park Playground Replacement project. NICHOLS/LONERGAN... authorize City Administrator to enter into a Local Government Grant Agreement with the Oregon Parks and Recreation Department for the $30,000 grant awarded for the Burlingham Park Playground Replacement Project. The motion passed unanimously. 1060 PROFESSIONAL SERVICES PROPOSAL AWARD. Staff recommended the acceptance of the proposal from CH2M Hill to conduct five pilot projects to evaluate and analyze if the technologies are capable of meeting the emerging TMDL requirements for the City's wastewater plant. NICHOLS/MCCALLUM.. Accept the proposal ofCH2M Hill Inc. To conduct a pilot study to analyze technologies to comply with Total Maximum Daily Load (TMDL) requirements for the City's wastewater treatment plant and authorize the City Administrator to sign an agreement for professional services. The motion passed unanimously. 1088 LIQUOR LICENSE APPLICATION - FULL ON-PREMISES SALES: CINCO de MAYO T AQUERIA, 450 N. First Street. An application was submitted by Roberto Caballero DBA Cinco de Mayo Taqueria for a full on-premises sales liquor license which permits beer, wine, cider and hard alcohol for on-premises consumption only. SIFUENTEZ/BJELLAND... liquor license be awarded to Cinco de Mayo Taqueria. Councilor McCallum questioned the number of businesses that have full on-premises sales liquor licenses in the downtown area. Chief Russell stated that there is at least one other business in the downtown area that has a full on-premises sales liquor license. Councilor McCallum stated that he has mixed emotions on allowing downtown establishments to have a liquor license due to past difficulties involving alcohol use. Councilor Lonergan agreed with Councilor McCallum and questioned if the City could recommend a beer and wine license in lieu of the full on-premise sales license. Chief Russell stated that the Council can only make a recommendation on the type of liquor license applied for by the applicant. Councilor Lonergan questioned the crime rate in the downtown area and the impact hard liquor has on the crime rate. Chief Russell stated that the downtown area has a higher grouping of certain types of crime but there are also a lot more street businesses in that area versus other parts of the City. He also stated that alcohol does contribute to crimes but making the distinction between hard liquor and other alcohol such as beer and wine is not possible since any alcohol has an affect on a person. Page 5 - Council Meeting Minutes, October 22, 2007 COUNCIL MEETING MINUTES OCTOBER 22, 2007 TAPE READING Councilor Nichols stated that he has a hard time with alcohol sales and consumption since even today a recent news article related to a young boy calling 9-1-1 for help while his mother was driving under the influence of alcohol. He is not in favor of recommending approval of the license since he has seen or heard of too many incidents of people being killed or injured for life as a result of alcohol consumption. Councilor McCallum stated that part of the issue relates to making improvements to the downtown area which includes keeping the livability standard high. He can appreciate the restaurant business at that location but he would personally like to keep the hard liquor out if at all possible. Chief Russell stated that there is a requirement to serve food at anytime when there is a full on-premises sales license. The applicant has followed all of the guidelines established under Council Resolution and has voluntarily agreed to the compliance plan, however, it is a policy decision on the part of the Council regarding the recommendation. Councilor Lonergan expressed his appreciation to Chief Russell for obtaining the voluntary compliance plan, however, karaoke entertainment leads to dancing which may lead to more alcohol consumption and potential problems. He expressed his desire to have recommend the license with a trial period attached even with the compliance plan. Mayor Figley stated that downtown has a history of alcohol related problems and, as a local jurisdiction, the City has little or no latitude under OLCC rules. The applicants seem to be going into this business in good faith knowing that there have been problems in the past. Councilor McCallum stated that it is difficult to find any restaurants in Woodburn that do not serve alcohol and the area of downtown Woodburn has unique problems that need to be considered. Councilor Sifuentez stated that she had picked up English and Spanish speaking tapes on OLCC serving rules at the League of Oregon Cities conference which she will provide to Chief Russell. On roll call vote, the motion passed 3-2 with Councilors Nichols and Lonergan voting nay. 1453 CANCELLATION OF NOVEMBER 12. 2007 COUNCIL MEETING. MCCALLUM/SIFUENTEZ... cancel the November 12,2007 City Council meeting. The motion passed unanimously. 1463 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commision Action on Cases V AR 2007-01, DR 2006-17, and EXCP 2007-02 (East Lincoln Street Multi-Family Dwelling Project). The Planning Commission approved the design review with conditions, approved the exception to street right-of-way and improvements, and denied the variance request and required construction of an architectural wall. Page 6 - Council Meeting Minutes, October 22, 2007 COUNCIL MEETING MINUTES OCTOBER 22, 2007 TAPE READING B) Community Development Director action on Case DR 2007-08 (1220 N. Pacific Highway). Approval was given for a replacement pole sign at AI's Garden Center which would limit the height and size of the sign, require a construction permit, and establish a period of validity of the authorization. Councilor McCallum questioned the architectural wall issue on the East Lincoln Street multi-family dwelling project. Community Development Director Allen stated that the Planning Commission decision was to require an architectural walls on those optional areas that are discretionary decisions by the Commission with the walls being 6 to 7 feet in height and made of concrete masonry with two different colors or two different textures. Councilor Bjelland questioned if an architectural wall can be wood if it is two different colors or two different textures. Director Allen stated that the architectural wall cannot be wood. No action was taken by the Council to bring these land use actions up for review. 1600 CITY ADMINISTRATOR'S REPORT. Community Services Director Row stated that the City is a recipient of an Automated External Defibrillator (AED) which was donated to the Aquatic Center. Assistant Aquatics Manager Willcox and her family have been members of a faternal order called the Knights ofPythias for many years and she had become aware of their program to donate 8 AED's statewide over the year. The City has an AED but it is an older model and this newer model is more compatible with the current technology and meets new CPR standards with the use of AED's. He stated that the contribution is valued at approximately $2,000.00. In regards to the use of School District facilities, he stated that he has been discussing this issue with School District personnel and feels that staff is making a lot of progress to insure that local youth and adults have opportunities for their recreation and development. Councilor McCallum expressed his appreciation for the work being done by staff since the School District and the City have been partners for many years and this relationship needs to continue as both agencies experience growth. 1700 MAYOR AND COUNCIL REPORTS. Councilor McCallum extended his congratulations to Councilor Nichols and his wife who will soon be celebrating their 50th wedding anniversary. Mayor Figley also congratulated the Mr. & Mrs. Nichols onJ.heir 5CJh annive 1735 ADJOURNMENT. MCCALLUM/NICHOLS... meeting bY' adjourne . The meeting adjourned at 7:58 p.m.. ATTEST fY/~~ Mary T ant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, October 22, 2007