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Minutes - 01/12/2009COUNCIL MEETING MINUTES JANUARY 12, 2009 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 12, 2009. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0020 ROLL CALL. Mayor Figley Present Councilor Berkey Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Asst. City Administrator Stevens, Public Works Director Brown, Acting Police Chief Blevins, Community Development Director Hendryx, Finance Director Gillespie, Recorder Tennant 0045 ANNOUNCEMENTS. A} City Offices and the Library will be closed on Monday, January 19, 2009, for observance of Martin Luther King Jr. Day. The Aquatic Center will be open normal business hours. B) Community Development Department will be holding a Open House for the Downtown Development Plan update on January 21, 2009 beginning at 6:00 p.m. in the City Hall Council Chambers. 0080 APPOINTMENTS: DOWNTOWN DEVELOPMENT STAKEHOLDER'S WORKING GROUP. Mayor Figley appointed the following individuals to serve on the Downtown Development Stakeholder's Working Group: Martin Ochoa, Lela Quiroz, Luis Quintero, Bruce Thomas, Tom Flomer, Frank Lonergan, Elias Villegas, Deb Yager, Paul Kenfield, and David Sato. Councilor McCallum questioned if all of the stakeholders are connected with downtown or are there some members of this group associated with other parts of Woodburn. Mayor Figley stated that everyone has some connection in that they either work, live in or live near the downtown area. MCCALLUM /SCHMIDT..... approve the appointments made by the Mayor to the Downtown Development Stakeholder's Working Group. The motion passed unanimously. Page 1 -Council Meeting Minutes, January 12, 2009 COUNCIL MEETING MINUTES JANUARY 12, 2009 TAPE READING 0160 PRESENTATION BY JIM HENDRYX, COMMUNITY DEVELOPMENT DIRECTOR. Community Development Director Jim Hendryx provided the Mayor and Council with an update on the status of the Community Development Department's activities since he has taken over the Director's position last month. He has been involved in a lot of discussion on the Woodburn Development Code (WDO) update, Sign and Land Use standards, community input through use of surveys and community outreach, time schedules, and his observations since his employment with the City. He stated that the WDO does require annual updates in November but, due to the vacancy in his position, the November 2008 update was not completed. The WDO update will set priorities for the department for the coming year(s) and the Council will ultimately adopt it by resolution to give the Community Development Department direction. A Focus Group is used in the development of the updates along with Planning Commission and Council involvement in finalizing the updates. Examples of amendments adopted over the last year included tree standards, architectural standards for big-box buildings, vision clearance, a clarification in the North America Industrial Classification System. Examples of amendments in process that have not gone through a public hearing process as of yet include fencing, street trees, setbacks for flag poles, parking for drive-through restaurants, and home occupations. Examples of amendments still under review by the Focus Group include signs, design review, Bed & Breakfast, non-conforming uses and structures, and streets standards. He stated that he is aware of several provisions within the WDO that need review with sign standards being of major concern. Other provisions include the need for annual review of the WDO code, concurrency regulations, Big Box regulations, and street trees. Director Hendryx stated that he had distributed a survey to the Planning Commission and City Council last week to solicit information on how well the department is doing and what priorities and work programs need to be set. The Planning Commission will be discussing the survey questions at their January 22, 2009 meeting and the City Council will discuss the survey at one of their next two regular meetings. A joint City Council /Planning Commission workshop will be held in February 2009 to prioritize the work program for the department for the coming year. Director Hendryx stated that he will be having a Business Outreach meeting with the Chamber of Commerce on Wednesday, January 14`'', 4:00 pm - 6:00 pm in the Council Chambers to get feedback from the business community as to what works, what does not work, what needs improving, and their input on priorities. He will be putting an on-line survey on Community Development's web page for interested community members to complete. He is also working on developing a customer survey that he will be able to mail out to previous customers for their input on service received and changes they would like the City to consider. In regards to the Sign Code, it is his understanding that his staff has reviewed the current code and have identified a series of amendments that involve both administrative and policy provisions. These amendments have not been reviewed by the Focus Group or legal staff and there has been limited or no outreach to the Page 2 -Council Meeting Minutes, January 12, 2009 COUNCIL MEETING MINUTES JANUARY 12, 2009 TAPE READING community. There are substantive changes to the standards which needs some dialogue with the community if there is a wholesale change to the Code. Based on some of the comments he has heard, he did not think the amendments identified by staff as of this date addresses all of the issues expressed by business and community members, Focus Group members, Planning Commission, Mayor, and Councilors. He reviewed the process to be followed in amending the Code which involves notifying the Department of Land Conservation and Development, Planning Commission, and City Council. In regards to the Sign Code, the City has some options available on how to proceed in evaluating amendments and in reviewing the entire sign code. Following his review of the WDO, he has found it to be a difficult document to understand and administer and there is very limited discretion. He also feels that there is a need to evaluate procedures and standards and in working with staff to provide consistent interpretations of the code. He expressed his desire to have department priorities established by March 2009 and he intends to work on getting the development community involved as changes are proposed. Administrator Derickson stated that he has been reviewing the Code and feels that it does need to have more discretion built into it since there are situations that do not quite fit the language in the code and having some discretion will allow the City to make better decisions that fit the circumstances. He also felt that the Sign Ordinance is a priority action that needs to move forward, however, with the change of staff, it has been difficult to determine who is on the Sign Ordinance Focus Group . Mayor Figley stated that there was a Focus Group when the original ordinance was developed. Administrator Derickson stated that staff will be bringing back to the Council at the meeting a recommendation to form a new Focus Group associated specifically to the Sign Ordinance so that the work on this ordinance can begin. Councilor Cox stated that it was his understanding that when the Focus Group was re- established afew months ago they would be looking at both the WDO and the Sign Ordinance. The group had a couple of meetings about the WDO provisions but staff never put together anything for them to review on the Sign Ordinance. He stated that it is a cumbersome process to amend the WDO and it appeared to him that some of the current WDO provisions do not need to be in the WDO and, in fact, could be in a separate ordinance which could then be amended in a less cumbersome process. In his opinion, the WDO should be development oriented and not general regulations on what property owners can do on their land. He requested that staff provide a report on this issue sometime in the near future as work begins on the WDO. Councilor Schmidt also stated that the indexes in the City's Code book index needs to be re-worked in order to make it easier to find information when using the Internet version of the document. Page 3 -Council Meeting Minutes, January 12, 2009 COUNCIL MEETING MINUTES JANUARY 12, 2009 TAPE READING 1628 PRESENTATION: MARION COUNTY DISTRICT ATTORNEY WALT BEGLAU. Walt Beglau expressed his condolences to the Woodburn Police Department, the City of Woodburn, and the family of Captain Tom Tennant. He also extended his support for the recovery of Chief Scott Russell and to continue to extend an unwaivering hand to the City as the City continues to work through and out of the darkness of this very horrific crime. He pledged that with the authority vested in his office, he intends to hold these individuals accountable for their behavior and bring the full weight of justice for the families, for the citizens of Woodburn, for Marion County, and for Oregon. The Marion County District Attorney's office will be the primary prosecutor on this case and has assigned three veteran prosecutors along with Victim Advocates to assist the families. They have been working closely with the U.S. Attorney's office from the beginning and the U.S. Attorney stands ready when needed to bring appropriate federal charges. A multi-agency investigative team comprised of local, state, and federal agencies continue to conduct afact-finding investigation and they have months of work ahead of them. A collaborative Bomb Task Force multi-agency team has been created to fulfill the expectations of a thorough and objective investigation. He stated that it is imperative that he promote and maintain the integrity of the judicial process that has begun now that this case is in a court of law where proceedings are related in open court. Atrial has not been set and that decision comes at the directive of the Judge assigned to this case. Oregon courts are public proceedings and maybe attended by any citizen of the State but the Court retains inherent authority over the proceedings and to manage their courtroom. Based on his experience, this process will most likely be long and difficult but assured the Council that they will be zealously promoting what is legally sound and that which is right for the victims families and Marion County. Marion County Sheriff Russ Isham extended to the City to continue any assistance that they may be able to provide to support the City and Police Department. He stated that he had initially assumed that it this would be a federal case because of it occurring at a bank, however, the FBI allowed the County to take the lead role even though it involved multiple city forces, counties, and federal agencies. He stated that this was the most incredible investigation and collaborative effort that he has ever seen come together. He also stated that he had never been so proud to be a part of law enforcement as he was during this very difficult time but to see all of the agencies come together to offer resources and to be able to come help. He stated that the citizens of Woodburn should be very proud of their Police Department and the business community for stepping up and offering a lot of support throughout the entire time. Additionally, the investigators have been doing an outstanding job and he is very proud to be able to represent them. Councilor Schmidt thanked District Attorney Beglau, Sheriff Isham, and the other agencies who have been participating in the investigation for the tremendous work they have done on this case. Page 4 -Council Meeting Minutes, January 12, 2009 COUNCIL MEETING MINUTES JANUARY 12, 2009 TAPE READING Administrator Derickson stated that he is very appreciative of District Attorney Beglau and Sheriff Isham in their support and the organizations that they lead have been a tremendous asset and resource to the citizens of Woodburn. Mayor Figley stated that it is very apparent that both of their agencies have top professionals who have been very diligent in doing what they need to do and it has been done with an enormous amount of compassion. She expressed her appreciation for their assistance to the City, to provide the Council with an update on the current progress, and to provide information on what can be expected in the coming months. District Attorney Beglau stated that they would be willing to continue to come out to the City to provide updated information as the case moves forward or if the City has other issues that they would like to address. 2349 CHAMBER OF COMMERCE REPORT. Don Judson, Executive Director, stated that the Chamber will be focusing on economic development during calendar year 2009 and the monthly Economic Development Committee meeting will be held on January 13, 2009, 9:00 am, in the loft room over the Chamber office. This committee focuses on short term issues that impact their businesses such as working with the City on the Sign Code review and Downtown Plan. He expressed his pleasure in seeing the Community Development Department's outreach efforts with the survey and open house to reach out to the business community to work out these issues. Chamber members are also participating in the joint City/Chamber Task Force which is a longer term economic development project. The Chamber's Economic Development Committee meeting is followed by their Woodburn Area Tourism meeting which is also open to the public and discussion will be held on how well the Chamber did on tourism for the first half of the fiscal year and what plans they have for the second half of the fiscal year. Lastly, the Chamber will be discussing the Woodburn Brand "Always Fresh Discoveries" which was developed a couple of years ago but was never adopted. He stated that this is the year in which they will be rolling out the brand and he will be presenting the Chamber Board with an action plan in an upcoming meeting. Upcoming Chamber events are as follows: 1) Chamber Forum will be held on Wednesday, January 14`h, 11:30 a.m., at Cascade Park. The 7`'' Annual "State of the City" address will be presented by Mayor Figley. 2) On January 23rd, the Chamber's annual dinner will be held at Wellspring at which time the gavel will be officially passed to Rick Hensel. There will be the usual awards presented in addition to the Woodburn Proud service award. 3) On Saturday, March 14`h, the Chamber will be organizing Woodburn Proud Day which will be a city-wide cleanup. Service clubs, civic organizations, churches, City Council, and Chamber members will be asked to spruce up the City before the tourists come through the City on their way to the Tulip Festival the following week. Councilor McCallum congratulated the Chamber on the Woodburn Proud campaign - how it started, what it meant during those particular tough days, and what they are doing Page 5 -Council Meeting Minutes, January 12, 2009 COUNCIL MEETING MINUTES JANUARY 12, 2009 TAPE READING now. He is glad to see the city-wide cleanup back since it has not been done over the last couple of years. In regards to the Woodburn Proud award, Executive Director Judson recognized Deb Yager and Kelly Long as the two individuals who really got this program started for the Chamber. 2763 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Superintendent, commended the leadership of the City and concurred with the leadership of the Chamber. He expressed his hope that their students were paying attention to what happened as a result of the terrible crisis Woodburn has ever seen, how the City came together, and the tribute paid to a terrific individual and Police Officer who has been a part of this City for so long. He stated that students can get so desensitized to death and the tribute given to Captain Tennant -procession, blue ribbons, etc. -showed them that life is valuable and to lose someone like that is a terrible tragedy. They also saw the City come together even in a tough situation to deal with something that was very tragic and it takes a collective community to help heal. It was done under the leadership of the Mayor and Administrator Derickson in addition to people from the County, federal and state agencies stepping forward at the right time. Additionally, it also required Police Captain Charlie Blevins to assume the role of Acting Police Chief in a very difficult situation. He also hoped that the students pay attention to what Chief Scott Russell is going through with his persevering to recovery just as the whole City is trying to do and he hoped that they will see the strength Chief Russell has to overcome serious injuries. Superintendent Blomberg stated that January is School Board Appreciation Month and he expressed his appreciation to the Board members for their willingness to represent a cause that they feel important about. In regards to snow days, the district lost four days of class time and the Board needs to decide within the next couple of months what they will do to make up the time. The District recently completed a technology audit in which they brought in individuals with expertise to help the district look at their systems for efficiency and to make sure that they are buying the best equipment in the most cost effective way possible. On January 15`'', the District will have a live WCAT broadcast on a summary of the technology audit and to explain where the school district will go as they look into their future. Lastly, the District also had a federal Title III audit which looks at all of the District's programs for English language learners and they did have some findings for the District to work on to insure that all of the District's students get properly identified and served. The District also received a number of commendations through that audit as well. They are in the process of completing the review of the audit and will begin to formulate a plan to correct those findings identified by the auditors. Councilor Berkey stated that her son is a student at French Prairie School and after the recent event, he came home to tell her that the School was taking an active role in sharing with the students what was going on in our community and to take the opportunity to Page 6 -Council Meeting Minutes, January 12, 2009 COUNCIL MEETING MINUTES JANUARY 12, 2009 TAPE READING show them how much law enforcement is respected and appreciated. Superintendent Blomberg stated that it was his understanding that some City leaders have been asked to participate in the assembly at the French Prairie Middle School and he hoped that they would be able to attend. He stated that this is a learning tool for the kids and he feels that they need to help pay their own tribute. At the time of the incident, the students were out of school and staff members did not have the opportunity to talk to the students about it so that they understand the meaning as to what has happened and how people deal with it. 3295 COMMUNICATIONS: LETTER FROM THE TENNANT FAMILY. Mayor Figley read a letter from the Tennant family thanking the community for their support following the death of Captain Tom Tennant. 3533 Beverly Koutney provided the Council with an update on the North Marion Senior Center which is in their 4`" month of operation at the First Presbyterian Church. She stated that the Center averages about 10-15 people at various times throughout the afternoon in which they are open. The Center does have some morning programs and they have up to 20 people in attendance for meals and another 40-60 meals that are distributed through Meals on Wheels daily. She stated that if some type of transportation program would develop within North Marion county then some of the homebound seniors could come to the meal site rather than eating at their home. She also provided the Council with a copy of their agenda for January and noted that a Diabetes Health Clinic is scheduled for January 21sT. The Center is continuing to accept penny donations and a Tea Party has been scheduled for January 30`h, 3:00 p.m., as a fundraiser for the Center. Councilor McCallum questioned where penny jars can be found for donations. Ms. Koutney stated that donation jars are located throughout the City and she encouraged the public to contribute to their program. 3965 CONSENT AGENDA. A) accept the Community Services Department November 2008 Statistics report; and B) accept the Planning Project Tracking Sheet dated January 8, 2009. MCCALLUM /COX ... adopt the Consent Agenda as presented. The motion passed unanimously. 4004 COUNCIL BILL NO. 2758 -ORDINANCE VACATING A PORTION OF A TRIANGULAR PERMANENT EASEMENT ON 1274 FIFTH STREET. Councilor McCallum introduced Council Bill No. 2758. 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 vote was 5-1 with Councilor Schmidt voting nay. Mayor Figley stated that this bill will be brought back for a second reading and final vote at the next regular meeting. Page 7 -Council Meeting Minutes, January 12, 2009 COUNCIL MEETING MINUTES JANUARY 12, 2009 TAPE READING 4079 COUNCIL BILL NO. 2759 -RESOLUTION DIRECTLY APPOINTING THE ENGINEERING CONSULTANT FIRM HARPER HOUF PETERSON & RIGHELLIS, INC., TO PROVIDE CONSTRUCTION ENGINEERING SERVICES FOR THE NORTH FRONT STREET IMPROVEMENT PROJECT. Council Bill No. 2759 was introduced by Councilor McCallum. The bill was read by title only since there were no objections from the Council. Councilor Pugh questioned the conditions in terms of billing and performance. Public Works Director Brown stated that the City will pay for services rendered based on a negotiated hourly fee and the contract amount is based on an estimate of the hours involved to provide the scope of services defined in the resolution. He stated that the estimate generally exceeds what is actually utilized during the course of a construction phase of a project. Councilor Berkey questioned if the contract has anot-to-exceed amount. Director Brown stated that the negotiated sum is $277,636, however, if there is a problem with the project and additional services are needed, then he would come back to the Council to request an amendment to the contract. Councilor Cox stated that this is the same firm that has already done the design portion of this project and the contract before the Council is for the costs associated with the construction, engineering, and supervision during the construction phase of the project. On the design phase, the original contract was increased by approximately 23% with an amendment and in this case, the contract amount is a good faith estimate as to what it will take to accomplish the work completed by the consultant. Director Brown stated that the original design phase contract was for $225,815 and the amended amount was $289,515. If approved, the total contract amount will be $567,151. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2759 duly passed. 4579 COUNCIL BILL NO. 2760 - A RESOLUTION ENTERING INTO AMENDMENT NUMBER 3 TO CLEAN WATER STATE REVOLVING FUND LOAN AGREEMENT NO. R98413 WITH THE STATE OF OREGON. Council Bill No. 2760 was introduced by Councilor McCallum. 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. 2760 duly passed. 4655 COUNCIL BILL NO. 2761 -RESOLUTION ESTABLISHING THE COMPENSATION SCHEDULE FOR CERTAIN PART-TIME HOURLY AND SEASONAL EMPLOYEES. Councilor McCallum introduced Council Bill No. 2761. 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. 2761 duly passed. Page 8 -Council Meeting Minutes, January 12, 2009 COUNCIL MEETING MINUTES JANUARY 12, 2009 TAPE READING 4738 QWEST COMMUNICATIONS SETTLEMENT OFFER Councilor Cox recommended that this offer be discussed in executive session before a decision is made since it is litigation related and he would like to ask some questions before he votes on this issue. Administrator Derickson stated that an executive session can be scheduled for the next meeting. Councilor Schmidt stated that Data Vision provides a service to a portion of the City and he would like to see the City discuss with Data Vision the possibility of expanding their service to other parts of the City. Mayor Figley stated that the City currently has anon-exclusive franchise agreement but, to date, DataVision has elected not to expand to other areas of the City. It was the consensus of the Council to hold an executive session on this issue. 5047 LIQUOR LICENSE CHANGE OF OWNERSHIP: RUMORS BAR & GRILL, 327 N. Pacific Highway A Full On-premise Sales Change of Ownership liquor license application was submitted by Rumors Bar, Inc. DBA: Rumors Bar & Grill, 327 N. Pacific Highway. Councilor Schmidt stated that the telephone numbers on the staff report is incomplete. Acting Chief Blevins stated that he will see that the Council memo is corrected to show the complete telephone number of the business owners. COX /LONERGAN ... recommend to OLCC a change of ownership application for Rumors Bar, Inc.. The motion passed unanimously. 5142 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS: A) Approval of DR 2008-OS and EXCP 2008-081ocated at 1300 Second Street, tax lot 051 W07DA00800: Planning Commission approval for design review of a 40-unit housing development for Neuvo Amanecer Phase IV, and an exception to street right-of- way and improvements on Second Street. B) Approval of CU 2008-01 located at 595 North Pacific Highway, tax lot OS1W17BB09300: Planning Commission approval of a Conditional Use application submitted by Arnoldo Benavidez to sell and install auto parts (principally tires) at 595 North Pacific Highway. Councilor McCallum stated that he did not want to call up these two items however he does want to either have a summary of the issues involved in the land use action or a copy of the Planning Commission minutes in the agenda packet for review. Administrator Derickson stated that he will make sure they are included in the staff report. No action was taken by the Council to call these land use actions up for review. Page 9 -Council Meeting Minutes, January 12, 2009 COUNCIL MEETING MINUTES JANUARY 12, 2009 TAPE READING 5268 CITY ADMINISTRATOR'S REPORT. A) Administrator Derickson stated that staff has been working on improving security for City facilities. If the Mayor and Councilors did not have an opportunity before the meeting to have an identification card issued to them, he requested that they contact his office to schedule a time with staff to receive the card. B) Public Works Director Brown stated that the Downtown Gazebo project is a Community Services Department initiative whereby they had been working hard to locate a full concept of a gazebo but had to scale the project back to reduce the cost of the project by 50%. Community donations helped finance the project and the Woodburn Rotary was the major private contributor towards the gazebo with a $5,000 contribution. The Rotary is also willing to help assemble the gazebo which they will be doing on February 7, 2009 with the assistance of City staff. He feels that the Rotary's willingness to help put the gazebo together is a culmination of a community effort to finish a key feature in the Downtown Plaza Park. C) Administrator Derickson stated that he had attended the League of Oregon Cities training for newly elected officials last week along with three City Councilors. He brought back information to share with the other Council members that may be interested in reviewing the training materials. D) Administrator Derickson also stated that it looks like there may be additional revenue shortfalls projected before the end of the fiscal year and he will provide an update to the Council in the near future as to what proposed corrective actions are being recommended. 5718 MAYOR AND COUNCIL REPORTS. Councilor Pugh stated that he had written an e-mail to the Mayor expressing his concern with the loss of revenue within the City as a result of the recession. He stated that what bothers him most are rules that make it more difficult for the community to survive during this time, in particular, some provisions of the sign ordinance. If possible, he would like to see enforcement of some of these provisions take a lower priority until a new sign ordinance is developed that is more business friendly and yet does those things that the City wants to on regulating signs. He stated that he does not know what can be done right now on this issue but he would like to see some discussion at the next meeting on what could be done to ease this situation until a new sign ordinance is adopted. Councilor McCallum stated that the Relay for Life kick-off has been rescheduled to February 3, 2009 at Wellspring from 6:30 to 8:00 pm. He stated that this will be the 8`" Relay for Life which will be held in June and this is a tremendous community event. He also congratulated WCAT for having the updates on Police Chief Russell who is now writing his own updates and progressing along on his recovery. Mayor Figley stated that she will be giving the "State of the City Address" on Wednesday, however, she did say that she would once again be prefacing the address with "It is an honor and privilege to be the Mayor of this City". In view of what the City has experienced over the last month, she stated that she had never felt more honored or Page 10 -Council Meeting Minutes, January 12, 2009 COUNCIL MEETING MINUTES JANUARY 12, 2009 TAPE READING privileged then to live in a community in which people come together during the most difficult times. She thanked everyone for all that they have done. 6207 ADJOURNMENT. LONERGAN/ COX.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:33 p.m.. _~ ATTEST ~ Mary erinant, Recorder City of Woodburn, Oregon Page 11 -Council Meeting Minutes, January 12, 2009