Loading...
Minutes - 05/27/2008COUNCIL MEETING MINUTES MAY 27, 2008 TAPE R F A 1~TNCT 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 27, 2008. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0020 ROLL CALL. Mayor Figley Present Councilor Bjelland Absent Councilor Cox Present Councilor Lonergan Present Councilor McCallum Absent Councilor Nichols Present Councilor Sifuentez Present Staff Present: Interim City Administrator Russell, City Attorney Shields, Community Development Director Allen, Public Works Director Brown, Community Services Director Row, Recorder Tennant Mayor Figley stated for the record that Councilors Bjelland and McCallum were both out of town. 0050 ANNOUNCEMENTS. A) Budget hearings on the fiscal year 2008-09 budgets for the Urban Renewal District and the City of Woodburn budgets will be held on Monday, June 9, 2008, in the City Hall Council Chambers. The Urban Renewal Agency will meet at 6:45 p.m. to hold the hearing for the urban renewal budget and the City Council will conduct a hearing on the City's budget during their regular meeting at 7:00 p.m.. 0085 CONSENT AGENDA. A) approve the regular Council meeting minutes of May 12, 2008; B) approve the Council workshop minutes of May 12, 2008; C) accept the draft Recreation and Parks board minutes of May 13, 2008; D) accept the draft Planning Commission minutes of May 8, 2008; E) receive the report on Claims for Apri12008; F) receive the Crime Statistics report for April 2008; G) receive the Code Enforcement Statistics for April 2008; H) receive the Community Services Statistics for April 2008; I) receive the Planning Project Tracking sheet for May 22, 2008; and J) receive the Rental Housing Ordinance. Councilor Cox requested that Item 8J be removed from the Consent Agenda since adoption of this item would imply that the Council is in approval with the draft. He has Page 1-Council Meeting Minutes, May 27, 2008 COUNCIL MEETING MINUTES MAY 27, 2008 TAPE RFAnTNCT some problems with the draft ordinance and would like to discuss it with City Attorney Shields before any action is taken. He also felt that it would be premature to send it out to the stakeholders for further review until the draft ordinance is in a form that is agreed upon by the Council. SIFUENTEZ/NICHOLS.... adopt items A-I of the Consent Agenda as presented. The motion passed unanimously. Councilor Cox stated that he would anticipate this item being back on the Consent Agenda at either the first or second meeting in June. 0224 COUNCIL BILL N0.2722 -ORDINANCE LEVYING ASSESSMENTS FOR THE IMPROVEMENT OF TOUT STREET BETWEEN SETTLEMIER AVENUE AND SOUTH FRONT STREET. Councilor Sifuentez introduced Council Bill No. 2722. 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. 2722 duly passed. 0298 COUNCIL BILL N0.2723 -ORDINANCE LEVYING ASSESSMENTS FOR THE IMPROVEMENT OF BOONES FERRY ROAD BETWEEN STATE HIGHWAY 214 AND GOOSECREEK. Council Bill No. 2723 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 for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2723 duly passed. 0367 COUNCIL BILL N0.2724 -RESOLUTION ESTABLISHING A RATE SCHEDULE FOR TRANSPORTATION SYSTEM DEVELOPMENT CHARGES (INCLUDING THE INTERCHANGE DEVELOPMENT CHARGE AND AN ALTERNATIVE CALCULATION FEE) AND SETTING AN EFFECTIVE DATE. Councilor Sifuentez introduced Council Bill No. 2724. Recorder Tennant read 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. 2724 duly passed. 0412 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's Approval of Partition 2008-03 and EXCP 2008-04, located at 1220 Park Avenue (Tax Lot #051W08CD03200): Approval given for division of one lot into three parcels and exception to street right-of-way and improvements for Park Avenue with conditions. The property owner was also required to sign anon-remonstrance agreement for participation in future street improvements to Park Avenue. No action was taken by the Council to bring this land use action up for review. Page 2 -Council Meeting Minutes, May 27, 2008 COUNCIL MEETING MINUTES MAY 27, 2008 TAPE RF.AnTNCT 0450 CITY ADMINISTRATOR'S REPORT. A) Interim Administrator Russell stated that some Councilors have indicated that they are downloading the agenda materials from the Internet and do not need the jump drive delivered to them in the future. He requested that the Councilors who would still like to receive the jump drive to let him know and staff will continue to provide the jump drive. Additionally, IS staff has a solution to get all of the agenda packet information with a single click and training will be provided to Councilors within the near future. B) Staff recently discovered that the current Insurance Agent of Record contract will expire on June 30, 2008 and staff would like to do a three-month extension of the current contract while, as allowed under City ordinance, an intermediate procurement review is completed to be sure that the City has done it appropriately. The cost of the extension is within the allowable amount of the ordinance. There is no statutory requirement that the City have a special procurement for Agent of Record, however, it does need to follow the City's procurement ordinance. It was the consensus of the Council to extend the current contract and proceed with an intermediate procurement after July 1, 2008. C) Interim Administrator Russell stated that staff has been notified that Marion County Emergency Management has been awarded a $1 million Public Safety Operability Communications grant from the federal government through the State of Oregon. This grant will allow a wireless microwave relay connection between the three dispatch centers in Marion County (NORCOM, Salem Willamette Valley Communications Center, and Santiam Communications Center). As a result, this will allow the Police Department to gain access to the potential 800 MHz system that is in Salem for data and voice and eliminate need for the City to purchase a large scale radio system. There is still a need for the partners to agree with the funding match and some negotiations are in progress with the State about what infrastructure that is currently in place would be considered as part of the match versus what dollars are needed to obtain the match. It was noted that the match amount is quite small compared to total project cost. 0668 MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that he will be filing for another term as Councilor in Ward I. Councilor Lonergan stated that the Mother's Day event at the Downtown Plaza resulted in a report of a high noise level. He had received a call from a person who had concerns about the noise and the Police Department had obtained a reading at 60 decibels which is an allowable amount. Interim Administrator Russell stated that the general City allowance for that time of day is 70 decibels but at 9:00 pm it drops down to 65 decibels for residential zones. With a park event permit, it can go up to 80 decibels but the Community Services Director has the ability to control the noise level with a park event permit. Staff had checked that Page 3 -Council Meeting Minutes, May 27, 2008 COUNCIL MEETING MINUTES MAY 27, 2008 TAPE RF.AnTNCT event and the reading within Library Park at the time of the check was 60 decibels. It was also noted that the Downtown Plaza is a Public Service zone rather than a residential zone. Councilor Lonergan also stated that this was a well attended event and parking encompassed several city blocks. He is aware of at least one private parking lot in the neighborhood that was taken over by attendees. He questioned if the City could require the applicants to ask permission from the property owner for use of their parking lot prior to the event. Community Services Director Row stated that this event was sponsored by the City along with a multitude of other partners. His department has the discretion to issue a permit for a special event in a park allowing amplified sound with limits up to 80 decibels and, in his reading of the ordinance, the zoning designation that applies is the designation of the zone receiving the noise. Therefore, the nearest residential zone is where the reading would be taken to make sure it is in compliance with the ordinance and permit levels. In this particular case, the noise level that would most likely apply would be 80 decibels and it would be measured at the residential zone receiving the noise. He also stated that the permit limits the noise level and this level would apply to any zoning designation. Councilor Lonergan stated 80 decibels still may not be acceptable to any homeowner that lives only two blocks from an event. Director Row stated that the City has discretion to be more restrictive than the 80 decibels and, in this particular instance, the noise level was lower than the permit level. The next permit that will issued by his department involves the Mexican Fiesta at Legion Park. The permit for that event has also allowed up to 80 decibels and last year one of the residents had also complained about the noise level. He stated that his department had not received the complaint on the noise level, however, the Woodburn Independent had printed one letter to the editor following last year's Fiesta event and one letter to the editor following this year's Mothers Day event. Interim Administrator Russell stated that the Police Department did get one complaint on the Mother's Day event and it was directed at how much base was being played rather than the volume of the sound. He stated that he has talked to his staff who actually did the measurements and the meter reading for measurement A (decibels) and AB (decibels including base) were within the allowable limits. Director Row stated that they will work with event organizers to have them notify neighborhoods that an event will betaking place and to obtain prior approval of use of private parking lots. If approval is not received, then something can be done to block off the private parking area. He stated that before the next event, staff will be working on trying to address the noise issue and neighborhood notification. Councilor Lonergan felt that the problems were minor compared to the attendance and, as an attendee, he felt that it was a very good event. Councilor Sifuentez questioned as to when the event concluded. Interim Administrator Russell stated that the music concluded at 9:00 p.m. but was unsure as to when the event finally concluded. Page 4 -Council Meeting Minutes, May 27, 2008 COUNCIL MEETING MINUTES MAY 27, 2008 TAPE READING Councilor Lonergan stated that often times the music will go until 8:30 p.m.. The homes along Second and Third Streets can definitely hear the music and felt that 8:30 p.m. on a Sunday night is getting late. Councilor Sifuentez referred to comments made in the Letter to the Editor and felt that the City needs to address concerns that have been raised since cultural events should ContlnUe Wlthln Our COmmunlty. Director Row agreed that the Downtown events should continue but they can get quite large and staff needs to work on how to make sure they are held responsibly. Mayor Figley stated that she will also be filing for re-election as Mayor. 1457 AD,TOURNMENT. NICHOLS/SIFUENTEZ .. meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:28 pm. AF ~~ ATTEST ~, ~~~~ Mary Te ant, Recorder City of Woodburn, Oregon Page 5 -Council Meeting Minutes, May 27, 2008