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Minutes - 03/23/2009COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 23, 2009. CONVENED. The meeting convened at 7:05 p.m. with Mayor Figley presiding. 0015 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, Assistant City Administrator Stevens, Acting Police Chief Blevins, Acting Police Captain Alexander, Community Services Director Row, Asst. City Engineer Liljequest, Community Development Director Hendryx, Building Official Krieg, City Recorder Tennant 0055 ANNOUNCEMENTS. A) Woodburn Proud Inc. / Blanchette High School -Seat dedication ceremony in honor of Police Captain Tom Tennant will be held on Friday, March 27, 2009, at Keizer's Volcano Stadium. The public is invited to attend with admission to the baseball game being $5.00. 0100 APPOINTMENTS. A) Sign Focus Group: Mayor Figley appointed the following individuals to serve on the Focus Group to evaluate the sign standards in the Woodburn Development Code (WDO): Name Representing- Ellen Bandelow Planning Commission Pete McCallum City Council Dan Dinges Business (small /large) Teri Sunderland Business (small /large) Cliff Zauner Citizens Mike Sumner Chamber /Downtown business owners Elizabeth Vega Highway 99E businesses Jake Jacobsen Citizens -extensive sign background Kelly Long Highway 99E businesses Sign Companies (specific company names yet to be determined) Page 1 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING Mayor Figley stated that she has appointed a larger group for this review process, including a Councilor and Planning Commission member, in order to have a broader scope of representation and discussion on issues that impact businesses and the community. PUGH/LONERGAN..... approve the appointments to the Sign Focus Group. Councilor McCallum questioned the difference between a committee and focus group since his experience with a focus group has been that they will make recommendations but they are not a voting group. Mayor Figley stated that she is looking for a group of individuals that can work with the Planning staff and their own connections within the community in order to get some ideas on the table to improve the ordinance and/or its acceptability to the overall community. Councilor McCallum stated that he had been skeptical to having a sign company representative on the group since they could be construed as lobbyists but with the Focus Group not having voting power he did not object to their appointment as part of the Group. The motion passed 5-1 with Councilor Cox voting nay. Mayor Figley stated that she would be appointing at a subsequent meeting a Focus Group that would address other provisions in the WDO for the purpose of improving the current development ordinance. 0375 B) Council of Government Board Member: MCCALLUM/COX.... appoint Mayor Figley as Board member to the Council of Government. Mayor Figley stated that the City had become a member of the Council of Government last year after not being a member for several years. Because of the size of Woodburn, the City is eligible to have board representative which is generally the Mayor or the Mayor's designee. However, she would like to serve on the Board this year then would like to have another person serve on the Board for the following year. The motion passed unanimously. 0445 PRESENTATION - A.W.A.R.E. FOOD BANK. Elida Sifuentez stated that MacLaren has been working with the A.W.A.R.E. Food Bank over the last 20 years and their donations from the Governor's Annual Food Drive have been donated to the local food bank. She also stated that MacLaren does a lot of service projects for the community including the Highway 99E semi-annual cleanup. Mike Riggan, MacLaren Superintendent, stated that giving back is a staple at MacLaren and it is one of his core values. This year, they are donating 14,280 pounds of food as well as $2,327.46 to the A.W.A.R.E. Food Bank. Warde Hershberger, AWARE Food Bank, thanked MacLaren and everyone in the community for their support in providing food to those in need within our community. He mentioned that today they had prepared 74 food boxes and January 2009 was their Page 2 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING largest month so far whereby they had prepared 1,166 food boxes. The food bank is seeing about a 100 new families each month many of which have never had to use the food bank in the past. He thanked the entire community for their support. Mayor Figley stated that this has become an annual tradition which demonstrates the great work the A.W.A.R.E. Food Bank does everyday for those in need in addition to the work the staff of MacLaren does on their own account and in giving their residents direction in what giving back really means. 0631 PRESENTATION: BUILDING CODE FEES. Community Development Director Hendryx reviewed responsibilities of the Building Division which involves plan review and the inspection program for 1 and 2 family dwellings, commercial, and mechanical. It was noted that Marion County does plumbing and electrical inspections for the City. He stated that the City's current fee methodology is out of compliance with the State's methodology which is applicable to all cities and jurisdictions within the State. Secondly, he stated that the City's fees do not recover all of the costs of providing services and are one of the lowest in the State. He reviewed the work done by the Building Division in reviewing residential and commercial plans which are checked against specialty codes in addition to the inspection of buildings at various stages of the construction project. A residential structure would generally have 11 inspections and a commercial structure would have 15 inspections with additional inspections done if required for a structure to meet code requirements. Other plan reviews and inspections include retaining walls, fences, signs, tanks, flag poles, and antennas. Current staffing level has been reduced due to the change in the economy. He stated that the Building Division is a dedicated fund which is totally supported by the fees generated from building activities. The residential fees, which do not include system development charges, have been determined by valuation of the building with the new methodology increasing the fees by approximately 10%. He reiterated that the tables are established by the State of Oregon for plan review and inspection services. In regards to commercial buildings, the City's current fee methodology is also based on valuation which was built on a base from 1976 values. He stated that the State's methodology changes on how mechanical items are charged (water heater, furnace, air conditioner, etc) and this fee will change from the City's set amount of $15 per mechanical item to a fee based on value. About seven (7) years ago, the State realized that there was a problem with builders being able to determine a consistent method of determining the building fees from one city to another so the State developed a set of unified application of fees for the Portland Metropolitan area and the State is now applying those fees state- wide. It was noted that the new fee schedule will have a yearly increase in valuation state-wide which will be implemented in April of each year. He stated that under the new methodology, the City will have one table that will apply to residential and commercial buildings and a new mechanical table will need to be developed that will base the fee on valuation. Under the State's process for implementing the change in methodology and Page 3 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING application for state-wide use, the building industry received a 60-day notice of the proposed change and to date, no comments, questions, or appeals have been received. Under the proposed changes, the table would increase the residential permits by 5% and 35% for commercial permits. He briefly reviewed the options available to the Council which includes (1) adoption of a new fee methodology to make it as neutral as possible to the current one with the exception of the mechanical fee schedule, (2) adopt a new fee methodology as proposed and advertised with a potential phase-in of the increases followed by a public hearing before actual fees are adopted, and (3) Council continue discussion on this subject. Councilor Lonergan questioned as to how many communities are implementing changes to their fee schedules. Building Official Krieg stated that the State had passed a law requiring every jurisdiction in the State to use the same valuation tables which is published by the International Code Council as of April 1 S` of each year. The purpose of the law is to provide uniformity throughout the State so that every contractor has the knowledge of what they can expect to pay in their building permit fees no matter where they build their structure. Councilor McCallum stated that the City's first step is to get into compliance and recovery of costs should be studied in more depth before a decision is made by the Council. Councilor Cox mentioned that the staff report includes a copy of the Oregon Administrative Rule (OAR) but it appears that it only applies to the tri-county areas. Building Official Krieg stated that the OAR originally was adopted to apply to the tri- county area and in the last legislative session, a law was passed that the Building Codes Division needed to come up with a uniform statewide form and methodology. The State Building Codes Division then added language in the existing OAR to apply the provisions to the entire state. Councilor Cox questioned if the City could continue to have certain fees on a flat rate schedule or does everything have to be on the valuation methodology. Building Official Krieg stated that the City is required to adopt the statewide valuation tables, however, the City could have a different fee schedule . Staff is proposing that the City eliminate the multiple ways of calculating permit fees and go to just one fee table. Councilor Cox also questioned if it was State law that fees charged pay for all Building Division operating costs or if that was a City of Woodburn policy. Director Hendryx stated that the City can collect fees for supporting building functions but those funds cannot be used for general fund operations. The City could use general fund revenues to subsidize the Building Fund, therefore, the City does have some area of discretion which is why aphase-in approach could be adopted by the Council. Councilor Schmidt stated that he would like to know what the actual cost to the City is for services provided by the Building Division when staffed at the service level in effect prior to the reduction in staff hours. Page 4 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING Director Hendryx stated that he would like to do a study on current costs since the department has had a reduction in staff following budget adjustments made last December. He understands concerns relating to potential fee increases during this time of economic downturn but there is a need to carry this initiative through since there is a mandate in the State. If the Council elects to move forward on the adoption of the methodology, then a public hearing process would be followed before a final decision is made by the Council. Mayor Figley stated that she would like to know the actual cost for Building Division services even if a policy decision is made to cover a portion with general revenues. City Attorney Shields stated that he did find a more recent OAR which he will provide to the Mayor and Council. 2810 Tonya Haskins, representing Excelsior Charter School, stated that she has been working to develop a charter school over the last several years. A charter school is anon-tuition public school which they would like to open later this year. The Oregon Department of Education has awarded their school a federal grant to begin the process to develop this charter school and they have gone through the process with the Woodburn School District who has approved their application for a grade 6-12 charter school. They have had difficulty in finding a location for the school since the City has a law that does not allow a public school to be located in a commercial zone. She requested that the City consider change the zoning laws to allow a public school in a commercial zone and provided some code charts to the Council as reference materials. Under the Downtown District zone, they will be allowed to locate their school with a conditional use in a commercial zone just as business, technical and trade schools are allowed to be located in those areas. Since students are not charged a fee to attend, all facility acquirement finances have to come from outside sources. Initially, they will have approximately 100 students but the plan is to add one more grade level each year so it is necessary to locate a facility in the future that will house more students. They are currently looking at a facility in the downtown area for the current year but they would like to go into a different commercial area for expansion. Councilor Lonergan questioned how students would have sufficient playground area in a commercial area. Ms. Haskins stated that they be looking at loans or grants to build playground areas. Councilor Berkey stated that Arthur Academy, charter school located on Gatch Street, utilizes the Woodburn Library to get reading materials and the students get exercise when going to the Library. She inquired if Excelsior Charter School will be incorporating a similar type of activity into their program. Ms. Haskins stated that at this time the buildings there are looking at are in the downtown area and the first few months rent will be from federal grant funds. They will be utilizing the City's ballfield and the parks area for their physical education needs and go the Public library for their library resources. Page 5 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING Director Hendryx stated that there is an expense to the applicant if they would decide to file a conditional use application to house their school in a commercial zone. An option that would be available is for the Council to ask that this zoning regulation be reviewed as part of the overall Woodburn Development Ordinance (WDO) update for next year. This might not meet the School's time frame in locating a different location but this option would save the school some money in that they would not be paying the application fee for a conditional use. Councilor McCallum stated that, as a former school administrator, they had difficulty putting smaller alternative programs in the commercial areas as a result of concerns from the business owners. He would like more information before a decision is made on which option to consider. Councilor Pugh questioned if she had many roadblocks in finding reasonably priced property in a residential zone. Ms. Haskins stated that she has been working on this project for about three (3) years and has been looking at facilities for about one (1) year. They had found some promising locations but the buildings are zoned commercial even though they are surrounded by a residential area. Mayor requested staff to review the options available for this group. Director Hendryx stated that in order to allow elementary and secondary public education schools in a commercial zone it would require a text amendment to the WDO. Councilor Cox expressed caution about spot zoning and state law does not permit this type of zoning. He stated that this is a broad policy issue that needs to be decided and needs to be made in the overall zoning decision process which may be a year or longer to complete. 4662 Administrator Derickson briefly reviewed the mechanisms (text amendments, comprehensive plan amendments, WDO amendments) in place to achieve their request and it is up to the school as to which mechanism they follow. In any event, a process does need to be followed which includes the Planning Commission and may involve the City Council. Director Hendryx stated that one question before the Council is whether or not they want staff to evaluate schools in commercial zones as part of the overall WDO text amendment process. Another avenue for the applicant is to pay the application fees to amend the Code and staff would go through the process separately to look at that specific issue. He reminded Ms. Haskins that there is no guarantee that an amendment would be made to the code to allow elementary and secondary schools in a commercial zone. 5048 Chris Karressboom stated that he had previously attended school in downtown Woodburn and did not understand why it could not be changed back to allowing it an commercial zone. Mayor Figley stated that one option is to add this issue to the list of WDO issues for the Focus Group to look as part of updating the entire WDO Code, however, it is unknown as to how long this process will take. Page 6 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING Attorney Shields stated that the process will take a year if not longer to complete. Administrator Derickson briefly reviewed the processes the school could follow in order to work towards a decision on this issue whether it be a site specific application or one in which it is reviewed by the Focus Group as a potential amendment to the WDO. 6372 Jake Jacobsen stated that he is involved with several businesses and is a developer in a number of communities. He has found that Woodburn is really good and can be proud of Building Official Krieg who is a very knowledge building inspector who strives to get plans reviewed and back to contractors in a timely manner. Currently, funds are getting tighter and, with small business, it takes a proper attitude in how you approach your business to bring in customers. In face of the economy, his wife will be opening a second business in Woodburn within the next two weeks and it is difficult to open a business in the downtown area when all of the discussion about businesses in Woodburn focuses on the Highway 214 and Highway 99E corridors. He stated that he had spoken with City Administrator Derickson about his concerns and had been referred to Acting Police Captain Alexander to help them with the timeline process when applying for various permits through the City. As a result, he had found that City permits had different time periods in which they needed to be filed and he requested that the City standardize the time periods. He expressed his desire to continue to be involved in the community and looks forward to being a member on the Sign Focus Group. Tape 2 Councilor Schmidt questioned how long it would take to standardize the time periods as requested by Mr. Jacobsen. City Attorney Shields stated that it should not be that difficult if it is an inconsistency but he would first need to discuss it with the Police Department to determine the issue that has been discussed with them. 0381 CONSENT AGENDA: A) approve the City Council minutes of March 9, 2009; B) approve the Planning Commission minutes of January 22 and February 12, 2009; C) accept the Planning Project Tracking Sheet dated March 10, 2009; D) accept the Building Activity Report for February 2009; E) accept the Community Services Department Statistics report for February 2009; F) approve the Recreation and Park Board minutes of March 10, 2009; G) accept the Police Department Crime Statistics for January and February 2009; H) accept the Code Enforcement Statistics for January and February 2009; and I) accept the February 2009 Claims report. MCCALLUM/LONERGAN.... adopt the Consent Agenda as presented. The motion passed unanimously. 0440 PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT CPA 2008-O1 SPARKS AND RECREATION MASTER PLAN). Page 7 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING Mayor Figley opened the public hearing at 8:40 pm. City Attorney Shields stated that this is a land use decision but it is legislative and the quasi judicial process does not apply to this hearing. Community Development Director Hendryx stated that before the Council is a Park Comprehensive Plan amendment to revise the park and recreation open space goals and policies section of the plan. In addition to the revisions, the Comprehensive Plan would adopt and update the City's Park and Recreation Master plan as asub-exhibit to the Comprehensive Plan. The Council had passed a resolution last December to initiate this process and notice has been given to the Department of Land Conservation (DECD) in addition to advertising the public hearings before the Planning Commission and Council in the Woodburn Independent. 0625 Community Services Director Row stated that the Parks Master Plan update process has been in progress for over a year and it constitutes the first update to the Parks & Recreation Master Plan in 10 years. In developing the plan, a comprehensive needs assessment was done which included an analysis of the existing parks facilities and programs, a comprehensive community input process, analysis of current and proposed levels of service, and development of recommendations for making improvements to the City's park facilities and programs including strategies for funding, phasing, and timing for implementation. He introduced the City's consultant on this plan, Pat O'Toole, who is with Green Play LLC which is a nationally recognized parks and recreation planning firm out of Colorado. Pat O'Toole stated that the process started about a year ago and involved astart-up meeting, community input, citizen survey, demographics and trends, inventory assessment and level of service, followed by recommendations and action plans which will be discussed at this meeting. He reviewed the following key issues which includes recommendations as well as goals and objectives for each issue: (1) incorporate the master plan in the City work plan; (2) marketing and communication improvements; (3) creating and tracking performance measures; (4) increasing programming and partnerships; (5) increase cost recovery and funding; (6) evaluate and create an effective operating and maintenance system; (7) improve existing and develop new facilities; and (8) plan for community growth. The projected cost for priorities within this 10-year plan is $27,425,000 and broken down to the following years: 2009-2012 ($3,410,000); 2013- 2016 ($20,065,000); and 2017-2019 ($3,950,000). He provided a brief overview of priority projects listed for each year group which includes the estimated capital cost, funding sources for the project, the projected annual operating and maintenance cost estimate, and operating and maintenance funding sources. Councilor Pugh questioned if the picnic building at Burlingham Park is proposed to be expanded or replaced and, in regards to Burlingham Park expansion, where would the park be located since it is currently surrounded by buildings. Community Services Director Row stated that the picnic shelter is in poor condition and it would be replaced. The future additional park in West Woodburn has not been Page 8 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING identified at this time and the map which has been distributed to the Council provides a circled area indicating a target zone in need of future park land. Councilor Pugh stated that the building next to Burlingham Park is now up for sale and he suggested that the City look into it since it has a nice building and open area available adjacent to the existing park. Councilor Lonergan stated that the building was offered to the City a number of years ago for low price but the maintenance costs were very high. Community Development Director Hendryx mentioned that the Planning Commission did recommend that the Council approve the Master Plan. He also mentioned that the Commission did make a recommendation that is reflected in the prioritization which moves up the acquisition of a park to the first priority period in the area south of Walmart. Councilor Schmidt stated that he had spent considerable time reviewing the draft plan but several weeks ago he had obtained a smaller draft plan document and he questioned why all of the material was not provided to him earlier. 1520 Director Row stated that he had been provided a copy of the draft document at that time and it subsequently went through more updates with inclusion of supplemental information by the time the Planning Commission held their hearing. The document before the Council is the most up-to-date version of the Parks & Recreation Master Plan including the recommendations from the Planning Commission. Councilor Schmidt questioned how the survey was done by the consulting firm, why there was only a limited number of people in his neighborhood along the Greenway who received a copy of the survey, and how to obtain a copy of the mailing list of those who received the survey. Director Row stated that the scope of work provided to the consultant was to mail out 3,000 surveys to residents of the community with a goal to receive a response of 300-400 surveys which would give the statistical analysis firm a sufficient number of surveys to validate the results and draw conclusions about the desires of the community. The first round of surveys provided about 197 responses so the consultant, even though it was not in their scope of work, sent out an additiona12,000 surveys. Of the tota15,000 surveys mailed out, 349 surveys were returned which gave the consultants the confidence they needed to consider it a valid survey. The survey results were weighted for three factors: age, ethnicity, and home ownership. The survey firm purchased a mailing list of the entire 97071 zip code which included 7,300 households. Of the surveys returned, 7% were from households outside of the city limits. Mr. O'Toole also mentioned that a mailing list will only provide one survey per household (physical address). His firm uses RC Associates to perform almost all of their surveys nationally since their firm is not a statistical firm. The City has the option of giving RC Associates a mailing list of utility customers, zip codes, or some other type of mailing list which RC Associates then randomly select the number of surveys they send out. If the City were to mail out the surveys, it takes away the random selection process. Page 9 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING The surveys were sent out on City letterhead and in City envelopes but by RC Associates. Councilor Schmidt stated that in his reading of the plan, the City should be pursuing the activities that involve youth rather than going the proposed route to spend a lot of money on walkways and bikepaths. Mr. O'Toole stated that the section referred to by Councilor Schmidt is on trends and they apply regional trends of which youth is a tremendous movement and the teen market is also a moving target. However, trails and walking trails are the number one amenity that all ages can use including youth and it will bring back the multi-generational use for the community. Councilor Schmidt stated that in his subdivision, they have trails and he sees very few people using them during daylight hours. Trails are expensive to construct and maintain and, of the survey results, close to 40% are unwilling to pay anything towards recreation facilities. In regards to youth programming, Director Row referred the Council to pages 92-95 which constitutes the text on Goa14 which is to strategically increase programming and partnerships. Councilor Schmidt also suggested that staff re-visit the third section (page 1) that deals with the survey that was taken since the number of times the facilities had been used by a household during the last 12 months is the same number as the total responses (264) since it would appear that the number of times the facilities had been used would vary between the total number of returned surveys (349) and zero (0). Director Row stated that staff will check out this potential error. 2844 Mayor Figley stated that the document is quite large and it is quite possible that with the amount of statistical information used that some of the data could have been inputted incorrectly. This document does include an analysis of what the City's current assets are, it looks at a 10-year old plan with a view toward what else can be done to improve the City's park and recreation facilities, and it includes current cost estimates to make improvements that are listed as priorities. She stated that not all of the projects will be completed over the next 10 years nor will those that will be done be constructed in the order currently listed in the proposed plan. She feels that this plan is a reality check to determine if this plan is consistent with what the City would like to do and, as an elected body, being able to look at what is being done well versus what needs to be improved or done differently. 2963 Mr. O'Toole stated that the survey is only one instrument used to get opinions from community members. The Focus Group and the of level of service also provides much needed information to formulate the draft master plan document. Councilor Schmidt also mentioned that a number of responders were concerned about the safety issue and how much they would be willing to pay for police officers and code enforcement. He also reiterated his opinion that the City should focus on activities for youth rather than the trail project since these individuals will soon be the workforce of the future. He stated that he does not understand why Centennial Park, a facility used by Page 10 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING youth, has not been finished and felt that the $3-$4 million proposed for the trail project should be diverted to other projects such as completion of Centennial Park and many other facility projects. 3357 Mayor Figley reminded the Council that the Master Plan is a guideline for a lot of decisions that maybe made over the next 10 years by a number of different Councilors with input from the Park & Recreation Board and community members. Councilor Schmidt stated that he could support the master plan except for the greenway trail project. He felt that the path will be used at night even though it is to be closed after once it is dark for potential criminal activity and the pathway will have serious consequences to the public safety officers once the trail is extended along the greenway in close proximity to the Woodburn Police facility located on Mt. Hood Avenue. 3733 Administrator Derickson stated that it is his understanding that the Greenway Master plan itself as a phase of the project is City policy and the Park and Recreation Master Plan before the Council not only supports the existing project that has been approved but prioritizes the phases beyond what is proposed to be constructed already. Therefore, adoption of the Park & Recreation Master Plan does not necessarily impact what has already been approved and moving forward in terms of the development of the trail project. Director Row stated that the Mill Creek Trail project was adopted in 2006, funding identified and obtained in 2007, and staff has begun implementation of Phase I . The Parks and Recreation Master Plan was developed considering other plans that were already in existence and includes a recommended list of potential projects in the future most of which do not have funding currently identified and will require future approval of by the Budget Committee and Council once funding is identified. He stated that there is no direct connection between the Parks and Recreation Master Plan and any other specific project other than to identify it as a potential project. The existing Parks and Recreation Master Plan identifies the acquisition of properties within the greenway and development of a trail system within the greenway as a goal which is an existing project. The Comprehensive Plan, Section L, which staff is proposing to amend as a part of this process already has language in it consistent with the acquisition of properties and development of a trail system within the greenway. Administrator Derickson stated that to impact the Mill Creek Greenway project it would require Council action independent from the Master Plan. He stated that the master plan provides a steering guide and the question is whether the plan reflects the direction the City wants to focus on for the next 10 years for park and recreation. It was noted that plans can be changed and funding determines which projects move forward. Councilor Pugh expressed his opinion that the Council should be moving forward with the Parks and Recreation Master Plan, however, an addendum should be made to set aside a study with certain people to look at the Mill Creek Greenway project again. Mayor Figley stated that several have made the point that the Parks and Recreation Master Plan is a guideline and when funds become available then a policy decision is Page 11 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING made as to whether or not a proj ect moves forward. She stated that there are safety and security concerns that have been expressed by property owners adjacent to the greenway as it now is and those concerns will continue to be there even if the trail project were eliminated. She feels that this is a separate series of discussion from the Parks and Recreation Master Plan and concerns expressed by the neighborhood should be discussed outside of this venue. 4600 Councilors Lonergan and Cox questioned if this is the final document and, if so, the document needs to include page numbers on the table of contents, page numbers on the appendices, tabs and/or color coded sections in order to make the document more readable. Additionally, the staff should prepare a report that shows what part of the plan is new or different so the Council can focus on these changes. Director Row stated that a staff report will be provided when the ordinance is brought back for Council consideration. 4875 Rosetta Wangerin stated that she has been a member of Parks & Recreation Board for over 6 years and has participated in the Master Plan process for the Greenway, Legion Park, Settlemier Park, and the Master Park Plan. As of March 2009, she is now the Chair of the Board and stated that the Board is in support the master plan which is an overall comprehensive plan pulling together all of the many facets of what has been happening in Woodburn. She stated that this is a good plan that takes into consideration everything except for the financial environment of our country is as of today. She stated that her property backs up along the greenway near Wyffell Park and they used to see a lot of illegal activity between Young Street and Lincoln Street but now that she and other neighbors have cut down the weeds and cleaned up the area they now find where people are moving through the area and the children are playing safely at the park. She also provided to the Council with letters from four (4) of her neighbors in support of the Master Plan and noted that one of her neighbors did add that they wanted to see that everything would be patrolled and policed well to discourage any illegal activity. Bruce Thomas stated that, until December 2008, he had been a Park Board member for several years. He stated that there was a lot of public input that went into this plan besides the survey and the Park Board had requested that additional surveys be distributed following the initial mailing since they wanted to obtain more responses from the community. Additionally, former Councilor Richard Bjelland also assisted in the statistical analysis of the survey responses. He spoke in favor of the master plan and urged the Council to adopt the plan. Dagmar Kinne, Grant Street, expressed her support of master plan because it looks towards building a community that is coherent and it provides valuable benefits relating to quality of life. The plan will tie the various places and divisions of Woodburn together and the concerns as far as safety, orderliness, how to maintain it, and how to finance it are details that will be addressed whereas what is being talked about at this time is just a plan in looking into the future over the next 10 years. Page 12 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING Allen Quintero, Julie Ct, spoke in favor of part of the Master Plan but feels that the Mill Creek greenway should be deleted from the plan with the money to be used in other areas of parks and recreation. He stated that there are a lot of projects going on within the City and spending money on the trail project should not happen. Zandi Cox, Hermanson Street, felt that there are a number of worthwhile projects included in the Master Plan, however, she urged the Council to reconsider the master plan. She stated that she has read a majority of the plan and has read the Mill Creek Greenway plan multiple times. She felt that there are safety and security issues that need to be addressed. Other issues of concern relating to Mill Creek Phase I include (1) not all of the area will be accessible by vehicle, (2) the park is adjacent to problem areas and a homeless camp is located at the county line, (3) Mill Creek is storm water runoff and the water levels in this creek are unpredictable, (4) trail projects have invasion of private property issues since a lot of the Mill Creek plan does turn people's private properties into public right-of--way, and (5)adding a parking lot to the end of their neighborhood will increase the traffic in their area. Lastly, she expressed her belief that the City needs to have a solid plan together before they move forward on projects that have neighborhood and community impacts. She reiterated that Mill Creek is a drainage ditch and the pond behind it is half dry during several months of the year and there is a better solution on how to spend the City's money and, if this money must be spent, then the concerns of the property owners need to be addressed. Tape 3 Brenda Tuley, Hermanson Street, stated that her issues also relate to (1) security issues, (2) annual flooding of Mill Creek will require annual replacement of wood chips or gravel on the trail, and (3) continued graffiti on private property. She stated that their neighborhood has banded together to try and keep their area a safe and quiet environment She stated that she understood trying to improve the community but their part of the community is not ready for it because law enforcement has not been able to control it. She also mentioned that they had purchased their home because of its privacy but she is convinced that if the trail project proceeds then their privacy will be taken away and it will create an opportunity for additional crime in their area. Councilor Lonergan stated that since the last Council meeting there was a successful drug raid in the neighborhood and assured Ms. Tuley that the police are in the area. Chris Karressboom, Cleveland Street, stated his objection to opening up a pathway down Marshall Street that is not well-lit and Hermanson Park has no lighting at all. He also expressed concern on how the pathway will invite criminal activity in the park and adjacent neighborhood. Lastly, he mentioned that the park is always wet in the winter months and he does not feel that it will be a good park for pedestrians walk through year- round. 700 Allen Wright, Julie Ct, stated that he had bought the property for the greenway, privacy and peacefulness and he wants to keep the wildlife habitat as it currently is. He agreed with the statements made previously regarding security issues. He urged the Council not to proceed with Phase I of the trail project. Page 13 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING Dan Eichenauer, Marshall St., agree with the security issues brought up by other individuals and stated that he is also impacted by the installation of a sidewalk in front of his home which will take up about one-third (1/3) of his driveway. Robert Estrada, Hermanson St., spoke in opposition to the plan since he does not know what impact the plan will have on him in the future. He stated that he does not want to lose his backyard privacy which will be taken away if the trail is constructed. During the winter months, the water level is quite high and during the summer months there is very little water in the pond. He also expressed concern about security since people will use the trail even though it is closed off after dark. He stated that Meadowpark is a nice area in which to live and does not know what impact the trail will have but he does want to keep the location as it currently is since it does provide him some privacy. Agnes Haugen, Deer Run Lane, felt that the master plan is okay but not the greenway portion in Meadowpark. She urged the Council to reconsider the greenway project. Cory Cox agree with everything that has been said and he submitted a letter into the record from property owner Douglas Hannan who was unable to attend this meeting. Mayor Figley also submitted into the record a letter she had received from Eric Morns in support of the Park & Recreation Master Plan. PUGH/ ... remove the Mill Creek greenway from the Master Plan. Mayor Figley stated that the motion cannot be made until after the public hearing is closed. Acting Chief Blevins spoke on concerns expressed by Ms. Tuley and other members of the audience. He stated that he was not able to share information at the last meeting regarding the house on Wilson Street since they had been working on this location for about six months. They have also spoken with the owner of Shalimar who has cleared out a lot of brush which will help the police stave off the homeless camps and he has agreed to file a trespass complaint on anyone who sets up camp out there which will then give the police the ability to make arrests. In regards to tagging, that is a city-wide problem and patrol staff cannot provide 24/7 coverage to any area in town. Lastly, the department cannot comment on juveniles being arrested which is why Ms. Tuley was unable to obtain information on the outcome of one or more cases. He assured those present that the Police department will do their best to patrol the area. Ms. Tuley stated that she understands that police cannot be in the area all of the time and they have had to chase people off numerous times. Calls have been made to the department but officers cannot be in the area quick enough to detain the individuals causing problems. She stated that she did not see how police patrols would increase if the trail is put in even though the trail will provide some accessibility. Additionally, the trails will increase the chance of undesirables coming into the area which is of concern to the neighborhood. Councilor McCallum stated that at the last meeting, it was mentioned that will be necessary to increase patrols in the area but it may not be a fully certified police officer doing the patrolling. Page 14 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING Acting Chief Blevins stated that park rangers are an option for nightly patrol which are used in some cities. Another option is providing bicycle patrols after dark and the officers will use night vision goggles. If the trail is constructed and they work at keeping patrols in the area during the initial opening period, then it should reduce the criminal activity in the area. 1838 Cory Cox continued to express his concern about security even though a park ranger might be available to respond to a call for service. Mayor Figley stated that this neighborhood still has problems that need to be addressed whether a greenway is constructed or not. She suggested that arrangements be made to meet with the neighborhood to discuss more specifically what is going on in their area and what can be done to make it better since a problem already exists. Bruce Thomas stated that the Master Plan has between 100 and 200 components of which the greenway trail is only one component. The Park Board started this process when the Master Plan was adopted around the year 2000 based on citizen input at that time. The greenway is a continuous loop that would be built out over many years. Councilor Lonergan stated that citizen input was started in the 1970's when much of the land was donated and they had looked at bikepaths and trails along Mill Creek at that time. Councilor Schmidt stated that he would agree with the Master Plan if it did not include the greenway project. He did not object to the greenway if the City had good security in that area but that is not something that can be provided on a regular basis. Jake Jacobsen agreed that the youth are the future for our community and the plan before the Council is laid out to help the youth but it is obvious that the greenway is not as acceptable. He expressed his opinion that the plan not include the trail project. Robert Estrada, Hermanson St., expressed his opposition to the greenway project since it would directly affect him. He did not oppose the entire trail project but did oppose the project that would be behind his property. He also mentioned that he has owned his property for about 18 months and has never been approached by anyone as to what he thought about a trail behind his property. 2510 Councilor McCallum requested updated information on the wildlife issue and what happens on the permitting procedure. Director Row stated that when the City had applied for the grant, the Department of Fish and Wildlife (ODFW) was sent a copy of the trail project to comment on and voice any concerns, however, they did not comment at the time. He stated that he has spoken with the City's environmental biologist who is in the process of finalizing the City's wetland permit application and she stated that most of the issues recently brought up by ODFW are addressed in the permit. Staff believes that there are no concerns relating to negative impacts on wildlife habitat that would be under the purview of ODFW for this project. Councilor McCallum stated that a concern had been raised about providing medical assistance on the pathway since the pathway width may range from 12 feet down to 6 feet. Page 15 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING Director Row agreed that some of the pathway areas maybe difficult to access by emergency services and in the 6 foot area it will require access from one end or the other on foot. Councilor Schmidt stated that he has spent time with both Hubbard and Aurora Fire Departments over years and he does not see where medical access will be a problem. Councilor Cox stated that following this hearing, a motion will be made to have staff draft a proposed ordinance approving the Park and Recreation Master Plan with the deletion of the greenway pathway. He questioned if there was a way to delete this portion of the pathway without deleting the whole idea of pathway systems throughout the Mill Creek greenway. Administrator Derickson stated that there has been considerable money spent on the project that is currently moving forward. The removal of the future development of the greenway project maybe taken out of the Master Plan but it may not stop the project that has already been approved by the Council unless the Council decides to stop the project. Staff recommended that they be given time to address some of these issues and provide a staff report outlining the changes to the existing Master Plan in addition to making the proposed Master Plan easier to read. Mayor Figley suggested that the public hearing be continued in order to come back with materials that are more user friendly and, during that time, schedule some time to meet with the neighborhood in a venue that is more appropriate toward healthy discussion and getting some things done. Councilor Pugh expressed his desire to make a motion as previously brought up during this hearing. Discussion was held as to whether or not to close the hearing and the procedure that would be followed depending upon which option is selected. City Attorney Shields stated that there are two (2) basic options: 1) hearing be closed then no other comments can be taken by the Council at the next meeting or 2) a motion to continue needs to be done before the hearing is closed. Since this is a land use case, any motion on changes to the proposed Master Plan would be made by the Council after the hearing is closed. 3660 Councilor Lonergan stated that the Planning Commission was looking at changing the priority of one of the parks and adding one in the southeast portion of the City off of I-5. He questioned if, when the property was being developed, did the City acquire land in lieu of money for park development. Director Row stated that the Planning Commission had looked at taking a specific recommendation and moving it up one 4-year time period. In regards to the available land, the City does not own any land in that particular area and money acquired from the development has been placed in the Parks System Development fund. Councilor Schmidt requested clarification on the greenway project status of Phase I if the greenway project is taken out of the proposed Master Plan. Page 16 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING Administrator Derickson stated that Phase I has already been approved by the Council but if it is policy decision to consider not proceeding with Phase I, then staff needs to be able to provide a report to the Council on the financial commitments, grant contracts, impacts, and acquisitions relating to this project. 4026 COX/MCCALLUM.... hearing be continued to the second meeting in April with the record kept open and the staff be instructed to make specific findings in the areas discussed - 1) improvements be made in the report making it more user friendly, 2) advice or opinion from staff of what affect it would have to delete Phase I of the Greenway project from both the Park & Recreation Master plan and the overall Greenway plan; and 3) to call a halt on Phase I. Councilor Pugh objected to the motion since he was unable to have his motion seconded and voted upon. Mayor Figley stated that Councilor Cox's motion was a procedural motion which has precedent. On roll call vote, the motion passed 5-1 with Councilor Pugh voting nay. Mayor Figley continued the public hearing until the second meeting in April at which time the public will be able to make additional comments. Administrator Derickson stated that staff will do an analysis of the options that were brought up at this meeting for Council review. Mayor Figley stated that she has heard from the members of the neighborhood that they have a problem that needs to be addressed whether the trail project is constructed or not and meeting in a informal process is a way to get some issues taken care of that impacts their quality of life. Councilor Cox thanked everyone who testified and stated that he is very acutely aware of the concerns they have expressed. He did not want to make any commitment to agreeing with them but hoped that something would at least be acceptable. 4475 COUNCIL BILL N0.2766 -RESOLUTION DIRECTING THAT STOP SIGNS BE INSTALLED ON AUSTIN AVENUE, GARFIELD STREET, SMITH COURT, WORKMAN DRIVE, AND MAPLE STREET WHERE THEY INTERSECT WITH SMITH DRIVE AND /OR MCLAUGHLIN DRIVE. Councilor McCallum introduced Council Bill No. 2766. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor McCallum questioned if the national code was followed that addresses whether a stop sign can be installed at an intersection depending upon the type of street. Administrator Derickson stated that stop sign placement has been adopted by the City under the provisions of the Manual of Uniform Traffic Control Devices which is a section of the Uniform Traffic Code. This document delineates standards and criteria for the use of these types of devices and it is the opinion of Public Works that stop sign placement is consistent with that criteria. Page 17 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING Councilor Cox stated that adoption of this resolution will solve the immediate problem the residents are experiencing. However, he still feels that traffic calming devices remains to be an issue that needs to be addressed in the future. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2766 duly passed. 4755 COUNCIL BILL N0.2767 -RESOLUTION SUPPORTING A TRANSPORTATION AND GROWTH MANAGEMENT (TGMI GRANT APPLICATION TO DEVELOP A HIGHWAY 99E CORRIDOR PLAN. Council Bill No. 2767 was introduced by Councilor McCallum. The bill was read by title only since there were no objections from the Council. Councilor Lonergan questioned if this corridor would allow the City to manage the color of paint that is put on some buildings along Highway 99E. Director Hendryx stated that this plan would look at the Highway 99E corridor as to how we would like to see it in the future. The plan is primarily designed to look at the ultimate street right-of--way, what improvements are there, and access control. However, some building design can be considered in the plan. Administrator Derickson stated that this particular grant application has come from staff and other people in the community about envisioning the next step for the Highway 99E corridor and what is the next appropriate mechanism for starting to look at it for the future. Councilor McCallum stated that anything that can be done for businesses along Highway 99E would be helpful. Councilor Schmidt stated that there is a lot of support from business owners along Highway 99E. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2767 duly passed. 5294 OLCC LIQUOR LICENSE NEW OUTLET FULL OFF-PREMISE SALES: El Rancho Grande Market, 1335 N. Pacific Highway Suite 130. An application for a new outlet off-premise sales liquor license was submitted by Rigoberto Pineda DBA: El Rancho Grande Market Inc.. COX/LONERGAN... recommend to OLCC approval of the new outlet application for El Rancho Grande Market, Inc.. Councilor McCallum mentioned that any new outlet does somewhat increase the burden on Police Department. The motion passed unanimously. 5364 2009 COPS CHRP POLICE OFFICER FUNDING GRANT. Staff requested authority to apply fora 2009 Community Oriented Policing Services (COPS) Hiring Recovery Program grant which, if received, will providing funding to hire Page 18 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING a police officer to fill a current vacancy without placing a major burden on the City's budget. Grant funds will pay for 100% of a police officer at the entry salary level and benefits for 36 months. The City would be required to retain the position for at least 12 months following the conclusion of the grant period. LONERGAN/MCCALLUM....authorize staff to make application for a police officer position under the 2009 COPS CHRP grant. Administrator Derickson stated that this staff report was written by Police Chief Russell who has been released to work a couple of hours each day. The motion passed unanimously. 5475 CITY ADMINISTRATOR'S REPORT. Administrator Derickson briefed the Council on the City's grant allocation from the State of Oregon in the amount of $268,000 for our transportation program. The City submitted first and second tier proposed projects to ODOT and the City's first tier project for the use of that money included the replacement of a mid-size bus, transit plan, narrow band radio communications for transit, and downtown transit facility annex in the south parking lot. 5625 MAYOR AND COUNCIL REPORTS. Councilor Lonergan stated that their had been some previous discussion about installing a crosswalk across South Settlemier in the vicinity of Settlemier Park since youth will cross that roadway in order to enter into the park and the traffic speed on Settlemier Avenue has raised concerns from the residents. Councilor McCallum questioned if the City had submitted asix-month letter to ODOT regarding the placement of a traffic light at Park Avenue to allow pedestrians to safely cross Highway 214. He also thanked Councilor Berkey for the opportunity to show the Council a great light industry business in Woodburn. Councilor Schmidt stated that he was not in favor of speed bumps since they can cause damage to a motor vehicle and he felt that there are better ways than speed bumps to address the speeding problem. He also requested that the calendar on the City web page be updated with all meetings and not just City Council meetings. Councilor Berkey thanked everyone for attending her company's open house. 6030 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660(2)(d). COX/LONERGAN.... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. Page 19 -Council Meeting Minutes, March 23, 2009 COUNCIL MEETING MINUTES MARCH 23, 2009 TAPE READING The Council adjourned into executive session at 11:27 p.m. and reconvened at 11:47 p.m.. Mayor Figley stated that no action was taken by the Council while in executive session. 6095 ADJOURNMENT. MCCALLUM/COX .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 11:48 p.m.. ATTEST •~~`~1 ~-~r~y~ Mary Tennant, Recorder City of Woodburn, Oregon Page 20 -Council Meeting Minutes, March 23, 2009