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Minutes - 03/09/2009COUNCIL MEETING MINUTES MARCH 9, 2009 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 9, 2009. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. Mayor Figley stated that she recently learned of a tragedy that happened on Front Street involving a hit and run accident killing a 2-year boy. She requested that a few moments be taken to remember this young child and send thoughts and prayers to his family. 0040 ROLL CALL. Mayor Figley Present Councilor Berkey Absent Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Stevens, Community Services Director Row, Public Works Director Brown, Community Development Director Hendryx, Building Official Krieg, City Recorder Tennant Mayor Figley stated that Councilor Berkey was unable to attend this meeting due to illness. Ol 10 PRESENTATION: DOWNTOWN DEVELOPMENT PROJECT UPDATE. Community Development Director Hendryx stated that the overall objective is to look at the physical and economic revitalization of the downtown area. This area will include mixed use development, infrastructure and circulation improvements, landscaping, lighting, public art, and conveniently located public parking areas. A Stakeholder's Working Group was appointed by the Mayor in January 2009 and consists of members from the City Council, Planning Commission, local business owners, and representatives from the Chamber of Commerce and Chemeketa Community College. The consultants had conducted a series of interviews with a number of stakeholders on January 21, 2009 followed by an Open House held later that day with approximately 50 people in attendance. During the Open House, project goals were reviewed and attendees were given comment forms to complete in an effort to begin the public engagement process to see what they would like in the downtown area. The consultant has recently provided staff with the following reports to evaluate: (1) an existing conditions report which looks at the current status of the downtown, (2) a supplementary housing analysis report which Page 1 -Council Meeting Minutes, March 9, 2009 COUNCIL MEETING MINUTES MARCH 9, 2009 TAPE READING looked at the report developed by the previous consultant on this project, and (3) a draft downtown strategic business development plan on how to focus the activities in downtown . He stated that they are also in the process of refining the plans with the consultants and there will be some minor changes to the Downtown Development Code and the Transportation System Plan. Additionally, the consultant is looking at some key sites and development opportunities to promote development and redevelopment, and the plan will review private and public sector roles for implementation. The next Stakeholder's Working Group meeting will be held in May 2009, an Open House will be scheduled for June 2009, followed by public review and adoption during the months of July and August 2009. Councilor Cox requested staff to consider some other type of sign code provisions for the downtown development district rather than other zones within the City since it is a unique area and would not be allowed under any kind of a sign code that he can conceive of and yet it works fairly well. The other option would be to grandfather the signs into the code but this is not the same as saying it is a legal sign and if something happens to the business or the sign, they cannot rebuild it. Director Hendryx stated that he has recently been working with a local automotive downtown business regarding the current sign ordinance provisions and, with the zero setbacks in the downtown, there is no area for pole or monument signs. Therefore, the downtown businesses do not have the same square footage for signage that businesses have in other parts of the City. An issue to discuss involves increasing the amount of signage allowed for wall and /or window signs in the downtown area to in an effort to provide them with signage coverage similar to what is allowed is other areas of the City. Councilor McCallum stated that the City needs to make sure that signs in the downtown area fit the look of the downtown theme in an effort to help owners to promote their businesses but still trying not to completely clutter the downtown area. Director Hendryx stated that one of the early suggestions is a loan and grant program for businesses in the downtown area and a good tool for the City to consider is an incentive program for business owners to change their signs to bring them up to code. Councilor Schmidt questioned if the City is still looking at the same plan that was looked at last October or has the design changed. Director Hendryx stated that at the last Open House there were a series of examples, however, no particular example in terms of design but they are staying on same themes of having an integrated downtown, a mix of uses, and good pedestrian circulation in the downtown area. Councilor Pugh expressed his opinion that the entire area of downtown include the homes surrounding the business area and the rehabilitation program to improve these homes should be high on the City's priority list. Page 2 -Council Meeting Minutes, March 9, 2009 COUNCIL MEETING MINUTES MARCH 9, 2009 TAPE READING 0870 OREGON YOUTH AUTHORITY PRESENTATION TO THE A.W.A.R.E. FOOD BANK. Mayor Figley stated that a presentation has been scheduled, however, Mr. Riggan is also ill and unable to attend this meeting. The presentation will be re-scheduled for a later date. 0885 CHAMBER OF COMMERCE REPORT. Don Judson, Executive Director, informed the Council of the upcoming Chamber events: (1) Chamber Forum will be held at Cascade Park on Wednesday, March 11"'beginning at 11:45 am with the first speaker being Marion County Commissioner Patti Milne to give a "State of the County" address followed by guest speaker State Senator Peter Courtney. (2) The 55`h Chamber Distinguished Service Awards Banquet will be held at Wellspring with the social hour beginning at 6:00 pm, dinner at 7:00 pm., and the program at 7:45 p.m.. (3) On Saturday, March 14`h, the first Woodburn Proud city-wide clean up day will begin at 8:00 a.m. and participants will meet at the West Coast Bank East branch. The City will provide transport services to the participants in addition to providing trucks to transport the bags to Allied Waste drop boxes who will take care of the disposal of the garbage. He reviewed a list of businesses and organizations that have offered clean up specific areas of the City and blue ribbons will be placed in these areas. He stated that he is looking forward to having members of the community come together to make the City look nice in preparation of the Tulip Festival. Administrator Derickson stated that this has been a real model on how the City can work with non-profit organizations in a collaborative effort and it can show what can be accomplished when everyone works together for a common goal. Mr. Judson expressed his appreciation to Administrator Derickson and Public Works Director Brown for their assistance on this project. (4) On March 18`'', the first joint City /Chamber Economic Task Force meeting will be held between 9:00 am and 3:00 pm. To date, 8 individuals have signed up to attend and it has not yet gone out to the press announcing the meeting. Mr. Judson also spoke about Tourism and reminded the Council that the Chamber separated the tourism piece of their activities from the main Chamber activities about a year ago since some members do not want to be a part of the tourism component. He stated that Woodburn is a destination point and an estimated 5 million people visit Woodburn annually with 4 million shopping at the Company Stores, another 250,000 attending the Woodburn Drag races, another 250,000 attending the Tulip Festival, another 200,000 plus visiting local nurseries. The two challenges being faced by the Chamber are (1) to keep the tourists coming during this economy and (2) to make the tourists stay longer in Woodburn. Last year, the Chamber partnered with a group formerly known as the Salem Convention Visitor's Association but is now called Travel Salem. The Chamber hired this group to figure out what the Chamber should be doing for tourism. A Page 3 -Council Meeting Minutes, March 9, 2009 COUNCIL MEETING MINUTES MARCH 9, 2009 TAPE READING 4-page section has been placed in the Travel Salem guide which is distributed all over the northwest. There are 180,000 printed copies of this guide and this is a good start for the Chamber is marketing Woodburn as a tourist site. Next year the Winter Olympics will be held in Whistler, Canada, and there will be a lot of motorists on I-5 driving to and from the Olympics. Additionally, a calendar of events for spring, summer and fall is now being printed with 80 events being listed and an itinerary brochure has also been printed to provide visitors options of what they can do in the area thereby patronizing local merchants. Lastly, he stated that merchants who want to be included in the next printing of the brochures will need to be a member of the Willamette Area Tourism (WAT) which involves a $50 membership fee. He stated that the Chamber is working on a lot of ideas to try and put together their budget to come back to the City in April to show where they would like to go with WAT during the next fiscal year. Councilor Schmidt questioned if a business needs to be a part of the Chamber in order to be a member of WAT. Mr. Judson stated that they do not have to be a member of the Chamber since these are two separate organizations with two different missions. Councilor McCallum stated that he was glad to hear of the work the Chamber has done to get others to contribute to the tourism program. Mr. Judson stated that a member of WAT will be allowed to have a brochure rack at the Visitor's Center and also be on the Internet. Anon-profit organization can be in the brochure at no cost but a profit making organization will need to pay the $50 membership fee. 1551 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Superintendent, stated that he has heard that schools are a sign of success when they have parking problems, therefore, all of their schools are very successful since they really do have parking problems at each of their schools. This is also a sign that they are outgrowing their schools and each school is beyond capacity. The School Board will meet in a special session on March 12`'' to discuss and vote on a possible bond measure for voter consideration. The Board will either submit a bond measure of approximately $94 million in the May or November election which will allow for expanding their facilities to accommodate current and future student population growth over the next 15 to 20 years. He stated that at the last Board meeting, the Excelsior Prep Charter School proposal was approved which would be a 6"' through 12`h grade school. The Board has asked those representing the Charter School to present a plan as to how they will serve English language learners since any school coming into their system needs to make sure they have a plan to serve those students. Another contingency is to insure that they will have enrollment with the Charter School estimating that they will have 100 students their first year but the Board has asked that they make sure they have at least 40 enrolled within the next two months. Lastly, the Board has asked for submittal of a facility lease agreement. Page 4 -Council Meeting Minutes, March 9, 2009 COUNCIL MEETING MINUTES MARCH 9, 2009 TAPE READING If those contingencies are made, the Board will proceed with a Charter agreement with the school. SupterintendentB1omberg stated that conferences will begin next week and encouraged parents to schedule conferences with their child's teacher in advance. He also mentioned that over last couple of months the high schools have had a number of universities from around the state recruiting students to attend their school and many students have been given on-site admissions. Lastly, he invited the public to attend the play "Monster" which is being put on by the Woodburn Arts and Communications Academy. The play will be held March 12, 13, and 14"' , 7:00 p.m., in the High School lectorium. Councilor McCallum stated that good schools are good for business and the City attracts a lot of people from outside Woodburn to events and conferences. These people spend dollars and schools need to be included in the whole mix whether it be athletic contests or a conference being held at the school(s). Superintendent Blomberg stated that he will be a member of the Task Force and he feels that schools are a critical piece of economic development and it is important that they can meet the needs of those families who move into our community as new businesses are established. 1975 CONSENT AGENDA. A) approve the City Council regular and executive session minutes of February 23, 2009. PUGH/COX ..... adopt the Consent Agenda as presented. The motion passed unanimously. 2010 COUNCIL BILL NO. 2765 -RESOLUTION AUTHORIZING THE DEPARTMENT OF COMMUNITY SERVICES TO APPLY FOR LOCAL GOVERNMENT GRANTS FROM THE OREGON PARKS AND RECREATION DEPARTMENT FOR THE FINAL PHASE OF DEVELOPMENT AT CENTENNIAL PARK. Council Bill No. 2765 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. 2765 duly passed. 2100 PROPERTY PURCHASE AT 270 MARSHALL STREET. Community Services Director Row stated that he had provided a presentation to the Council at a previous meeting on the status of the first phase of the Mill Creek Greenway Trail project. This particular property acquisition is an item that is necessary for the City to construct the trail in the manner that it was designed. Currently, there is no access into Hermanson Park I off of Marshall Street. This particular trail project runs from the A Street right-of--way off of Cleveland Street through greenway properties all of the way to Hermanson pond and ends at the right-of--way of Deer Run Street. This trail will be Page 5 -Council Meeting Minutes, March 9, 2009 COUNCIL MEETING MINUTES MARCH 9, 2009 TAPE READING predominately a 12 foot wide asphalt trail which is designed in the regional multi-modal standard but as it goes through the more environmentally sensitive areas of Hermanson Park III and the Hermanson pond it will convert to a 6 foot wide wood chip trail. The property acquisition will provide a connection from a sidewalk that will be constructed from Cleveland Street along Marshall Street to the entrance of this park whereby an asphalt trail will then be constructed through Hermanson Park I and ending at Stark Street to the south of the park. He stated that staff has been negotiating with the property owner for quite a period of time and, over the last couple of weeks, have had discussions with the owner on the valuation of the property. A memo has been included in the agenda packet outlining the process followed to come up with the value that was offered to the property owner which has been subsequently accepted by the owner. It was noted that the staff is recommending the purchase of a small triangular portion of the property (1,125 square feet) owned by Edna Seeley and the negotiated price for the property is $10,000 in addition to the City paying for a property line adjustment, all transactional costs, and construction of a 3 foot block wall along the portion of Mrs. Seeley's northerly property line adjacent to the trail. Councilor Schmidt questioned how close Mrs. Seeley's property comes to the drainage ditch. Director Row stated that her property terminates at the headwall of Mill Creek, therefore, for the trail to access the park property it would have to cut through the triangular piece property. If this property is not acquired; then the City would need to construct some sort of an elevated bridge into the park or extending the creek culvert a distance into the park which would also involve a lot of backfilling to create a natural pathway. There is a maintenance easement that follows the creek bed which gives the City access everywhere along the Mi1lCreek corridor to conduct maintenance activities. If an alternative access needs to be constructed to allow for access into the park from Marshall Street, it is estimated that the cost will be in excess of $60,000. Public Works Director Brown stated that the existing culvert is a deficient design in the way the headwall is currently configured and it will be reconstructed as part of the storm water project. A box culvert will be put in at this location to try and simulate a more natural stream flow under Marshall Street and relieve the head pressure that is built up under heavy rainfall. The culvert is currently undersized and creates a barrier for the drainage of the system to work. He also stated that under the culvert project, independent of the trail project, the City would have had to acquire additional easements or public right-of- way at this location to complete the culvert replacement project. Councilor Schmidt questioned if there was a deadline in which a decision needed to be made. Director Row reviewed the timeline for the trail project which involves the completion of the final design, submittal of the wetland permit to the State once the property is acquired, a target construction start date of July 1, 2009 with construction during the summer months. The State grant period expiration date is September 30, 2009 and the project Page 6 -Council Meeting Minutes, March 9, 2009 COUNCIL MEETING MINUTES MARCH 9, 2009 TAPE READING must be completed with all reports and billings submitted by that date. Councilor Schmidt stated that he had met with a resident last Thursday who resides near the pond and some concerns were brought up that he would like to pursue before a decision is made. He also has concerns about certain aspects of the pathway and he does not feel comfortable about discussing and voting on the issue today. Due to the sensitive nature of his concerns, he would prefer to discuss it in executive session. If possible, he would like to have the Council hold this item over until the next regular meeting before a vote is taken. Director Row suggested that, regardless to the changes to the alignment, the City should still consider acquisition of this property since having this access into the park would be beneficial to the City. Currently, people do access the park off of Marshall Street crossing onto this private property and a resolution to this problem should be considered regardless of the trail project. Councilor Cox stated that he did not know what concerns Councilor Schmidt has, however, he questioned him to see if there was anything about his concerns that would prohibit the City from buying the property. Councilor Schmidt expressed his opinion that if the trail project was not constructed then he did not feel that it was necessary to acquire the property. However, if it is necessary to purchase the property to complete the culvert project then acquisition of the property would be acceptable. COX/PUGH.... approve the purchase and authorize the City Administrator to enter into a sale agreement and accept a deed from Edna Seeley for this property as outlined in the staff report. 3177 Mayor Figley stated that she wanted to give those in the audience an opportunity to speak on this issue even though it may involve other parts of the trail project. John Gervais, Woodburn Independent, raised the question of the validity of an executive session on the kinds of things that would possibly be discussed. Administrator Derickson stated that there has been no executive session scheduled at this point of time. Mayor Figley assured Mr. Gervais that there would not be an executive session at this meeting. 3308 Brenda Tuley, Hermanson Street, stated that she lives at end of Deer Run adjacent to the wetlands and has some serious objections to the trail project. She has made several calls to the Police Department since living there due to drug activity, vandalism, and a homeless camp at the end of Deer Run. The problem with the homeless camp is that it is located in the County and the City Police can do nothing since the Sheriff's department has the jurisdiction over that area which is where the Park and Recreation Department wants to end the trail project. She feels that the trail project would invite more problems into the neighborhood and feels that a lot of the problem stems from a meth house on Wilson Street. In regards to the homeless camp, it will start up again in the spring when weather gets warmer. Additionally, she is concerned that she will see more tagging on Page 7 -Council Meeting Minutes, March 9, 2009 COUNCIL MEETING MINUTES MARCH 9, 2009 TAPE READING the back of their fence if the trail project is constructed. She stated that the wetlands is a beautiful area as it currently is and would prefer that it not be changed. Corey Cox, Hermanson Street, expressed his opposition to the trail in the current design. Over the past four years, he has not seen the City provide any maintenance or trash removal from this area and the residents have been the ones doing the work. He picks up the trash monthly which includes alcohol bottles and other debris from various parties held in the area. He stated that he has called the Police on a regular basis to remove trash and get people to stay out of the area after dark. He stated that he had expressed these concerns in the June 2008 meeting and his fear is that the Parks and Recreation Department is spending money on walking paths that will not be maintained and will continue to attract the opposite of the type of people the Community Service Director is hoping for. He would much rather see the money spent to finish projects that have already been started and focus on projects outlined in their Master Plan which include maintenance of locations and more security at park facilities. Robert Estrada, Hermanson Street, expressed his concern with having more people back in the pond area and the illicit activity at a home on Wilson Street which causes problems along the wetlands. He agreed that the pond and wetlands is a beautiful area and he can understand wanting to give people access to the area but agrees with other residents in this area that the trail project will attract an element they do not need in their neighborhood. He also expressed concern about an increase in traffic along Hermanson if a parking lot is located on the south end of the project. Zandi Cox stated that she grew up in Woodburn and has been a 4-year resident on Hermanson Street. In regards to the acquisition of the property, she is in support of the purchase thereby providing public access off of Marshall Street. In regards to the rest of Hermanson Park, she is opposed to the dirt walking path near the pond in that it is a wetland which is very wet more than 6 months out of the year and almost impossible to maintain. She does not understand why the City wants to spend so much money on a walking path and does not believe that it will be maintained by the City. She believed that the trail project is not right for that area and that it will continue to attract illicit activity. She stated that she understood the timeline the City is under to get the project done by September 30, 2009, however, she felt that the City should not rush into a project that may not be right for an area. She reiterated that the neighborhood would like to keep the area as it is and the problems they currently have there should be addressed first. Dagmar Kinne, Grant St, stated that, as a fairly new resident of Woodburn, she had heard of this project two weeks ago and she was excited about it since she runs, rides a bicycle, and walks two large dogs. In order to really get any exercise, she currently drives to Portland to Forest Park and to a park in Forest Grove. She stated that when she saw the Mill Creek project, she noticed that City housing development is in clusters and feels that the project would tie these clusters together. She did not believe that the project is intended to bring outsiders into run the trail. Her experience with trail projects in other areas involve a large number of runners, bicyclists, pedestrians, and sometimes people on Page 8 -Council Meeting Minutes, March 9, 2009 COUNCIL MEETING MINUTES MARCH 9, 2009 TAPE READING horses. She did not want to diminish the concerns of the individuals who spoke at this meeting, however, she would like to see a continuous 8-mile trail in Woodburn that is used as intended. Councilor Pugh stated that both he and Councilor Schmidt have stated that they would object to a 12-foot wide asphalt pathway and that a 6-foot asphalt pathway would be more than adequate. Judy Vandersteen, Hermanson Street, stated that they purchased the property twelve years ago because of the wetlands and they had been assured by their realtor that it would always be a protected wetland and they would not have to worry about more traffic or construction. She does not want to have the existing habitat in the wetlands disturbed. She also opposed the purchase of the property since she believes that people will continue to walk across the private property and the private property owners will not do anything to stop this current practice. She also did not want any of the Mill Creek greenway even started since the small amount of improvements the City has made in the past few years to try and improve the water flow to prevent flooding has made it much worse. She also agreed with her neighbors in that there is too much drug activity in the area and from the house on Wilson Street there is a straight path to the homeless camp just south of the city limits. Cliff Zauner stated that when he was a member of the State legislature in 2001, they did a tour of the area because there was a environmental concern due to the housing development in this area. After hearing about this project, he called the Fish & Game Commission today to inquire about permits. Several questions had been asked by the Commission representative as to whether or not the DSL permit covered the fill and removal of dirt and if a totally revised project review has been submitted to the Fish and Wildlife for the whole project. In regards to the grant money, these funds may not be available after this initial phase since the legislature is having a battle over allocation of grant money. He would also like to see another survey to be sent out in the utility bills to solicit comments and hopefully receive more than just 320 responses in a community in excess of 20,000 population. He suggested that the project be delayed until problems on the trail project are cleared up but did not object to the purchase of the property where the culvert will be replaced. Councilor McCallum questioned who he talked to at the Fish & Game Commission. Mr. Zauner stated that her name was Margie who stated that she did not process the application but someone from her department did the work previously. Councilor Schmidt stated that 80% of the City's utility customers received the survey but only 320 surveys were returned. When he asked for a list of who received the surveys, he was told that the mailing list was protected and the names would not be released. Mr. Zauner stated that a path was built in the Tukwila development which is maintained by the residents in this area but very few people use the path. Page 9 -Council Meeting Minutes, March 9, 2009 COUNCIL MEETING MINUTES MARCH 9, 2009 TAPE READING Councilor McCallum stated that part of the problem in this development is that the pathway did not get completed even though the pathway was a major selling point for homes in that development. Tim Vandersteen also expressed his opposition to the expansion of the wetlands area in that they have seen a lot of crime in this area and the things that do go on makes him nervous. He stated that he has not seen all of the plans but it concerns him as to where the City is really going with this project and does not understand why the City builds a park without an access in the first place. He questioned the need to purchase access to a park that is already in existence but people cannot really get to. He stated that they have seen tagging and gang activity in that area and did not feel that opening up the area to the south city limits would be a positive thing for the neighborhood. Mayor Figley stated that Hermanson Park I is one of several parks that were remnant parcels deeded to the City by developers who did not want the land. This park has been City owned since the 1960's if not earlier and, at that point, the City considered it acceptable. Acting Police Chief Blevins expressed his appreciation of the comments made by members of the audience. He stated that the Police Department has been working hard on that area although it is true that the camp is in the county and they have been trying to work with the County Sheriff's office on this issue. The Police Department is excited about the trail project since it gives them access that they do not have now through the use of motorcycles and bicycles. Their plan is to patrol that area once it is completed given the call load. He did not want to comment on specific houses and the activity at those locations but they are aware of those houses. Councilor McCallum stated that he has brought up the question on security in the past and he requested that Acting Chief Blevins comment on how having the trail in place might attract others to use it which in turn would make it uncomfortable for the undesirable individuals to use the trail. Acting Chief Blevins stated that the Police have the power to exclude people from any City park but that does not completely solve the problem since the undesirables will just go elsewhere. The department can continue to work with the County to try and get them to commit to some kind of control out there whether it be their code enforcement personnel or sworn deputies who could tear down the tents. If both the City and County worked together in this area, it is hoped that some of these existing problems can be eliminated. 6500 Councilor Cox questioned if the area is opened up and a path of any sort and size would increase or decrease the problem of the undesirable element. Acting Chief Blevins stated that he did not have an answer to this question since that area is pretty well secluded at this time which is why they hide out there now. With the increased traffic and open access it will give others an opportunity to go into this area and hopefully keep the undesirables out of the area. The key is to have the cooperation of the County and to maintain regular patrols of the area. Page 10 -Council Meeting Minutes, March 9, 2009 COUNCIL MEETING MINUTES MARCH 9, 2009 TAPE READING Tape 2 Councilor Schmidt expressed his opinion that people walking on the path during the day will observe the laws but is concerned that those who do not obey the laws will use it at night. Councilor Cox stated that even if acquisition as part of the greenway did not occur, Public Works still needs to do something about the culvert regardless of whether the path project is constructed. He questioned what needs to be done and when would it happen since there are two issues being discussed at this meeting -one being the overall issue of the greenway and the other issue being whether or not to acquire this small triangular piece of property. Public Works Director Brown stated that the culvert replacement on Marshall Street has been on the Capital Improvement Program and, as the Mill Creek project was moving forward, he accelerated the culvert replacement project to align with the trail project since both the street access, the sidewalk construction, the connectivity of the trail concept and the ability to improve the hydraulic behavior of Mill Creek upstream from Marshall Street was advantageous to the City to make sure the culvert replacement aligned with this project. The current culvert is a constriction which allows the water to build up on the upper side of Mill Creek which is in Hermanson Park I and has created flooding across Marshall Street. By increasing the culvert size, it would allow relief of that water to maintain lower velocity and thereby preserving property on the downstream side of Marshall and where Mill Creek makes the turn to go underneath Cleveland Street. With culvert project, they would still have to go to Mrs. Seeley and acquire property and construction easements in order to replace the culvert which is why they have been very engaged in the initial negotiations to acquire the property. He feels that it is important for the City to correct these things at the same time with the sidewalk access being improved and access into either the park or the trail all being enhanced by this culvert replacement. Councilor McCallum expressed his appreciation of the neighbors coming in before the Council to discuss this issue. He stated that security is top on his list and a project of this type will mean more staff and more maintenance but, at the same time when this entire project is completed, it will be one of those positive destinations that Woodburri will have and feels that the project will make their neighborhood better than what they have now. Councilor Cox felt that this has been a very interesting discussion and will be voting for the acquisition of the property since it needs to be acquired anyway. He stated that he has an open mind about where the City goes from there, however, this particular property is needed for the public works project and the price is relatively small and a good investment of public money at this time. Councilor Pugh stated that purchasing this property is not final approval of the plan and there are still issues that need to be addressed on the trail plan but is supportive of the purchase of the property. Page 11 -Council Meeting Minutes, March 9, 2009 COUNCIL MEETING MINUTES MARCH 9, 2009 TAPE READING Mayor Figley stated that she supports the purchase of the property because she does remember how that section of Marshall Street looked back in 1996 when the area flooded. Councilor Schmidt questioned if the City had aright-of--way in that area 13 feet from the curb back on both sides of the street. Director Brown stated that the City did not have aright-of--way in that area to the depth mentioned by Councilor Schmidt and there is an insufficient amount ofright-of--way available to do the construction work without acquiring the property. On roll call vote, the motion passed 4-0-1 with Councilor Schmidt abstaining. 0729 OLCC LIQUOR LICENSE NEW OUTLET FULL ON-PREMISE SALES: Cinco De Mayo Taqueria #2, 611 N. Pacific Hi~hway. A liquor license application was submitted by Roberto I. Caballero, DBA: Cinco De Mayo Taqueria #2, for a New Outlet full on-premise sales at the business location previously occupied by Heidi's Cafe which did not have a liquor license. COX/LONERGAN.... recommend to OLCC approval of a new outlet application for Cinco De Mayo Taqueria #2. Councilor McCallum stated that he did not oppose the motion but each application does add an additional burden on the Police Department since they have to monitor and answer calls for service. The motion passed unanimously. 0830 OLCC LIQUOR LICENSE NEW OUTLET OFF-PREMISE SALES: C & M Market, 936 N. Pacific Highway. A liquor license application was submitted by Basil Elias, DBA: C & M Market, for a New Outlet Off-Premise Sales to be located at 936 N. Pacific Highway in Ma1199. MCCALLUM/PUGH... recommend to OLCC approval of the liquor license application of C & M Market. The motion passed unanimously. 0860 CITY ADMINISTRATOR'S REPORT. A) Administrator Derickson stated that staff has provided the Council with a copy of the Park Master Plan which has been through the Planning Commission and will be on the next Council agenda for discussion. B) Administrator Derickson stated that he will be attending an Oregon Transportation Commission (OTC) meeting on Wednesday, March 11`h, to testify in support in the City's $950,000 request for stimulus funds to complete Phase II of the Front Street project. He invited other Councilors to attend and he will be scheduling a brief meeting for Wednesday morning to go over the points they would like to make before the OTC. C) Administrator Derickson stated that he had seen on the Planning Commission agenda where Community Development Director Hendryx has put together a presentation on the Sign ordinance that graphically shows every sign that is allowed in the City under the Page 12 -Council Meeting Minutes, March 9, 2009 COUNCIL MEETING MINUTES MARCH 9, 2009 TAPE READING existing ordinance. He was surprised to see how many are actually allowed and he will be providing a copy of the allowable signs to the Council and to anyone else that is interested since it will be a good starting point for the Sign Ordinance revision process. D) On March 18`h, the first joint meeting of the Economic Development Committee will be held and Councilor Lonergan is a part of this Committee. He hoped that there will be a large group of people in attendance to see what is being proposed and how the City can advance their economic development planning. E) Lastly, he stated that he had attended a workshop at the Chemeketa Community College campus and learned that Woodburn's downtown campus serves approx 8,800 students of which 70% are from Woodburn. 1125 MAYOR AND COUNCIL REPORTS. Councilor Cox stated that he would let Administrator Derickson know what his time availability will be on March 11"' Councilor Schmidt stated that he had received an e-mail regarding the Charter school trying to find a location to lease and the zoning ordinance does not allow a charter school in a commercial building. Previously the Sylvan Learning Center was located in the Woodburn Crossing shopping center and questioned if it would be possible to allow the school in that commercial area. Councilor Pugh stated that the shopping center has plenty of available space and feels that the Council should consider a change in the Woodburn Development Ordinance (WDO) so that a school could be located in a commercial zone. Mayor Figley felt that it would be interesting to know from the School District's point of view what their minimum requirements are. Community Development Director Hendryx stated that this issue had been brought up last week and in his review of the WDO, it does allow elementary and secondary schools in residential, downtown, and nodal commercial zones only. A code amendment would be necessary to allow schools in a commercial zone and it is a policy decision as to whether or not this would be appropriate. It was noted that some communities do allow schools in all but industrial zones. Councilor McCallum that when satellite schools were located in the City, it was the businesses that complained to the schools and did not like having the kids surrounding their businesses. Councilor Pugh stated that he did not know if the owners of the shopping center would want to have a school on their property. Councilor Cox also mentioned that Sylvan Learning Center was a remedial program for youth who needed help but a charter school would have the same type of needs for a playgrounds and recreational areas that any other school would have which are not necessarily found in a shopping center. Councilor McCallum stated that charter schools do not have to meet all the standards that a public school is required to have. Page 13 -Council Meeting Minutes, March 9, 2009 COUNCIL MEETING MINUTES MARCH 9, 2009 TAPE READING Councilor McCallum stated that before the Sign Ordinance was adopted there was a photographic study of different signs in Woodburn and with the adoption of the Sign Ordinance, the City is a much more attractive place. He questioned if staff was able to locate the photographs of the different signs that were used in the study. Director Hendryx stated that his staff did find the photographs. Councilor McCallum stated that he is a stamp collector and he has collected a number of cancellations of special stamps from a multitude of post offices. He stated that he considers the Woodburn Post Office to be outstanding and they give excellent care to their customers. Councilor Pugh stated that there had been a traffic speed issue in the Smith Addition and he shared with the Council that the attitude of the residents is now that they feel it has been resolved. He questioned if there is any necessity for official action to be taken to install stop signs on particular streets in that area. Administrator Derickson stated that he has requested Public Works Director Brown to look into the request for the addition of some stop signs and he will keep the Council posted as the work progresses. Mayor Figley briefly reviewed her trip to Washington DC to meet with Oregon congressional leaders on transportation needs for the City. She stated that they had taken the time to explain what has been done what the needs are and how they fit into an overall economic development package to Congressman Schraeder and staffers from Senator Wyden's and Senator Merkley's offices. Time was also spent with the senior staffer for the Environment and Public Works committee to hear the I-5 interchange proposal if it made it to the earmark list. They were not able to schedule an appointment time with Congressman De Fazio or his staffer but she took the liberty after the Marion County representatives had left and she was also able to meet with one of Congressman DeFazio's staffers and one of the Iverson family members was also there to help fill in the gaps to talk about the Woodburn interchange congestion. She also had some conversations with some Senior staff members of the Federal Highway Administration and she became aware of an additional pool of stimulus money dedicated toward large projects and towards projects that may not be as shovel-ready. After attending last week's MWACT meeting, these funds are on ODOT'S radar and the issue of whether or not Woodburn would qualify is up for discussion. She stated that she will be sharing a written report with the Council and is looking forward to the Wednesday meeting with the Oregon Transportation Commission. Page 14 -Council Meeting Minutes, March 9, 2009 COUNCIL MEETING MINUTES MARCH 9, 2009 TAPE READING 2500 ADJOURNMENT. MCCALLUM /PUGH .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:10 p.m.. ATTEST /' ~ Mary T ant, Recorder City of Woodburn, Oregon Page 15 -Council Meeting Minutes, March 9, 2009