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Minutes - 4/28/2008COUNCIL MEETING MINUTES APRIL 28, 2008 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 28, 2008. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0025 ROLL CALL. Mayor Figley Present Councilor Bjelland Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: Interim City Administrator Russell, City Attorney Shields, Asst. City Administrator Stevens, Community Development Director Allen, Public Works Director Brown, Public Works Manager Rohman, Police Captain Tennant, Finance Director Gillespie, Recorder Tennant 0045 ANNOUNCEMENTS. A) City Council Workshop regarding the proposed rental housing ordinance will be held on May 12, 2008, 6:00 p.m., in the City Hall Council Chambers. B) Public hearing regarding the proposed final assessment of the Tout Street Local Improvement District (LID) will be held before the City Council on May 12, 2008, 7:00 p.m., in the City Hall Council Chambers. C) Public hearing regarding the proposed final assessment of the Boones Ferry Road Local Improvement District (properties located between Goosecreek and Highway 214) will be held before the City Council on May 12, 2008, 7:00 p.m., in the City Hall Council Chambers. 0085 PROCLAMATION: VOLUNTEER WEEK - -APRIL 27 -MAY 3.2008. Mayor Figley read a proclamation declaring April 27, 2008 through May 3, 2008 as Volunteer Week within the City and encouraged government, business, and residents to honor this observance with appropriate programs, ceremonies, and activities in gratitude for the services provided by volunteers. 0202 CONSENT AGENDA. A) approve the regular and executive session Council minutes of April 14, 2008; B) accept the draft Recreation and Park Board minutes of April 8, 2008; C) receive the report on Claims for March 2008; Page 1 -Council Meeting Minutes, April 28, 2008 COUNCIL MEETING MINUTES APRIL 28, 2008 TAPE READING D) receive the report on Crime Statistics for March 2008; E) receive the report on Code Enforcement Statistics for March 2008; F) receive the report on Community Services Statistics for March 2008; G) receive the Planning Project Tracking Sheet dated April 23, 2008; and H) receive the Annual System Development Charges (SDC) Report for fiscal years 2003- 04 through 2006-07. NICHOLS/MCCALLUM... adopt the Consent Agenda as presented. The motion passed unanimously. 0269 COUNCIL BILL N0.2716 -ORDINANCE IMPOSING TRANSPORTATION SYSTEM DEVELOPMENT CHARGES BASED UPON AN ESTABLISHED METHODOLOGY• PROVIDING PROCESSES FOR ALTERNATIVE CALCULATIONS; REQUIRING THAT FUNDS BE ACCOUNTED FOR AND USED PURSUANT TO STATE LAW: AND REPEALING ORDINANCE NO. 2248. Councilor Sifuentez introduced Council Bill No. 2716. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Cox questioned City Attorney Shields if the slight change he had discussed with him had been made in the document being considered for final adoption. City Attorney Shields stated that he had made a slight change in the clause relating to monies previously collected and the ordinance provisions being considered would only apply to system development charges collected on or after the effective date of this ordinance. Mayor Figley stated that the City can either expand its infrastructure to accommodate growth or a decision can be made not to have growth but, if growth does occur, the Council tried to look at a fair way of paying for improvements by allocating costs to future developments. Councilor McCallum stated that the City has a lot to be proud of with our infrastructure since, based on another recent story, locations all across the country have infrastructure in dire shape. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Counci] Bill No. 2716 duly passed. 0511 COUNCIL BILL_N_O.2717 -RESOLUTION GRANTING THE APPLICATION IN DESIGN REVIEW (DR) 2007-12, VARIANCE (VAR) 2007-07, and STREET EXCEPTION (EXCP) 2007-08; ADOPTING FINDINGS AND CONCLUSIONS, AND IMPOSING CONDITIONS. Council Bill No. 2717 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. Mayor Figley stated that, under Appendix B, condition #4 has been revised and the Page 2 -Council Meeting Minutes, April 28, 2008 COUNCIL MEETING MINUTES APRIL 28, 2008 TAPE READING corrected page has been distributed to the Council. Community Development Director Allen stated that it was pointed out that condition #4 would be made clearer to specifically state that the Council took the action to authorize the variance for the density and allow 15 dwelling units which is addressed in the findings in Appendix A. Councilor Cox stated that new language states that the variance application authorizes the establishment of the 15 dwelling units and felt that this language was a needed change. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2717 duly passed. 0667 COUNCIL BILL N0.2718 -RESOLUTION APPROVING THE LAW ENFORCEMENT USE OF DEADLY PHYSICAL FORCE RESPONSE PLAN PURSUANT TO SENATE BILL 111, OREGON LAWS 2007. Councilor Sifuentez introduced Council Bill No. 2718. Recorder Tennant read the bill by title only since there were no objections from the Council. Interim Administrator Russell stated that a law was passed by the 2007 Oregon legislature and law enforcement officials believe that this plan will bring some transparency and predictability to these types of incidents. He recommended support of the Planning Authority's plan as presented and Council adoption of the resolution. Mayor Figley stated that this plan relates to what happens when an officer uses deadly force while in the line of duty. There is a procedure that includes investigation and making sure that the officer and his or her colleagues any receive necessary help. She felt that this plan is very clear and was encouraged to know that Marion County has a plan in place in which City and County law enforcement officers have already been training staff on in the hope of preventing the occurrence of this type of action especially after hearing about the tragic incidents that have happened in the greater Portland area. Councilor Cox stated that this policy was created by a county-wide committee and this plan must be approved by two-thirds (2/3) of the communities in the County, otherwise it does not go into effect. If it does go into effect, then it is binding throughout the County so that uniform procedures will be followed. Interim Administrator Russell stated that if it does not go into effect, it will go back to the committee for further work on the plan which will then go back to all of the communities for consideration. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2718 duly passed. 0860 COUNCIL BILL N0.2719 -RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS DURING FISCAL YEAR 2007-08. Page 3 -Council Meeting Minutes, Apri128, 2008 COUNCIL MEETING MINUTES APRIL 28, 2008 TAPE READING Councilor Sifuentez introduced Council Bill No. 2719. The bill was read by title only since there were no objections from the Council. Councilor Lonergan questioned as to why staff could not have handled this necessary purchase of equipment administratively. Interim Administrator Russell stated that this equipment was discussed during the budget workshops for inclusion in fiscal year 2008-09 budget but, due to the temperature in the computer room and the performance of the system, it is important that the air-conditioner be installed as soon as possible. This resolution allows for the transfer of appropriations to the accounts in which expenditures will be made. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2719 duly passed. 0959 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's Approval of Zoning Adjustment 2008-03 on property located at 1755 Mt. Hood Avenue: Allows joint use vehicle parking of four (4) parking spaces to be used for a loading area during those times when the vehicle parking area is not in use for parking. Councilor Cox suggested to staff for future handling of these reports to the Council that they provide a sentence in the report to identify the location of the property so that they can view the site if they so desired. Even though the current staff report provides all of the technical detail, it contains very little detail on the location and identifying the proposed development. No action was taken by the Council to bring this land use action up for review. 1070 CITY ADMINISTRATOR'S REPORT. Interim Administrator Russell requested that if the Mayor or Council had any input on the documents provided last week relating to the City Administrator recruitment brochure to submit the information to Assistant City Administrator Stevens within the next couple of days so the Protham firm can begin the recruitment process. 1135 MAYOR AND COUNCIL REPORTS. Councilor McCallum mentioned that a group of door-to-door salespersons from Georgia came into the McMinnville area recently and did not leave a house when asked in addition to allegedly committing other crimes while in their community. He reminded our residents that a Solicitor's license is required for anyone to knock on doors to solicit for business. Interim Administrator Russell stated that the Police Department routinely deals with this issue and residents do call the department to report solicitors who do not have licenses. All calls are investigated by the department and citations issued on ordinance violations. Councilor McCallum stated that with the good weather he has seen a lot of youth riding a bicycle without a helmet which is required under state law. Page 4 -Council Meeting Minutes, Apri128, 2008 COUNCIL MEETING MINUTES APRIL 28, 2008 TAPE R F A T)TN('T Interim Administrator Russell stated that youth under the age of 16 are required to wear a bicycle helmet and, if the youth is under the age of 12, the parents receive the citation otherwise the youth receives the citation. The Police Department recently had a bike rodeo and gave out around 35 helmets but they still have some available to give out to youth who need a helmet but do not have the means to pay for the helmet. The traffic division has been discussing this issue and, as the weather improves, writing helmet tickets will be one of their priorities. Councilor Cox stated that he had been involved in a bicycle accident and is a survivor because of his wearing a bicycle helmet. 1300 AD.TOURNMENT. MCCALLUM/NICHOLS.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:24 p.m. APPR ATTEST R-~-~--`S Mary Ten ant, Recorder City of Woodburn, Oregon Page 5 -Council Meeting Minutes, April 28, 2008