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Minutes - 05/11/2009COUNCIL MEETING MINUTES MAY 11, 2009 TAPE RRAnTNC 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 11, 2009. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 001 S 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, Acting Police Chief Blevins, Public Works Director Brown, Community Development Director Hendryx, Finance Director Gillespie, Community Services Director Row, City Recorder Tennant Mayor Figley stated that Councilor Berkey was not in attendance due to illness. 0062 APPOINTMENT: WOODBURN DEVELOPMENT ORDINANCE {WDO) FOCUS GROUP. Mayor Figley appointed the following individuals to serve on the WDO Focus Group to provide input as changes to the WDO are evaluated: Jim Cox (Councilor Ward 4), Dick Jennings (Planning Commissioner), Dave Christoff (Realtor), Tom Flomer (Downtown Business owner), Durrell Crays (Resident), George Brice IKristie Olson (Brice Corporation), John Baker/Jim Swee {Residential Builder), and Ken Triplett/Gene Wellman (Commercial Builder). Continuity with individuals who have had previous experience with WDO supplemented with some people who are developers or are passionate about the subject of planning and zoning. Councilor Lonergan asked if the two individuals representing each building firm would be coming to every other meeting and Community Development Director Jim Hendryx answered that the builders will decide their schedules and staff will keep them all briefed on what the subject is for the meeting since they have different interests -residential and commercial. The City has received a commitment from the firms that someone will be at the meetings. PUGHICOX ... approve the appointments. The motion passed unanimously. Page 1-Council Meeting Minutes, May 11, 2009 COUNCIL MEETING MINUTES MAY 11, 2009 TAPE READING 0197 PROCLAMATION -PUBLIC WORKS WEEK. Mayor Figley read a proclamation declaring May 16-23, 2009 as Public Works Week within the City and urged citizens to learn more about the work public works staff does for our community and to express our appreciation to them for the work they do on a daily basis to provide for the safety, health, and comfort to the citizens of Woodburn. 0407 PROCLAMATION: POLICE MEMORIAL WEEK. Mayor Figley proclaimed the week of May 10-16, 2009 as Police Memorial Week and for all people to join in commemorating law enforcement officers past and present, who by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities. The Mayor called upon citizens to observe May 15, 2009 as Peace Officers Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and to recognize and pay respect to the survivors of our fallen heroes. She stated that it is especially fitting that we proclaim Peace Officers Memorial day in honor of Captain Tennant and Chief Russell for their courage and sacrifice in the line of duty protecting the citizens of Woodburn. 0569 PROCLAMATION: AMERICAN CANCER SOCIETY RELAY FOR LIFE JUNE 26 & 27, 2009. Mayor Figley proclaimed Woodburn a Relay for Life City and the month of June to be designated as Relay for Life month as we join in the fight against cancer. The National Cancer Society is dedicated to eliminating cancer as a major health problem by preventing cancer, saving lives and diminishing suffering from cancer through research, education, advocacy and service. Nationally, the Relay for Life brings communities together in this fight and has raised over $1 billion in funds since 1985. The eighth annual Relay for Life in Woodburn is being held June 26th and 27th with the goal of raising $115,000. 0695 PRESENTATION: SIGN FOCUS GROUP UPDATE. Community Development Director Hendryx presented overview of work completed to date by the Sign Focus Group. He mentioned that the general commercial zone has the most visible signs and appears to be where all the complaints are directed. Community Development Director Hendryx stated that staff went through the code and identified what is allowed in each zone. He then went over examples of signs that are currently allowed by permit, temporary signs and exempt signs in the general commercial zone. 1420 Community Development Director Hendryx discussed non-conforming signs that are a permanent sign that can remain there as long as the sign is used and, as long as the business is still there, the sign never has to be removed. He also reviewed the problems and issues surrounding non-conforming signs Page 2 -Council Meeting Minutes, May 1 1, 2009 COUNCIL MEETING MINUTES MAY 11, 2009 TAPE RFAnTNCT Councilor Pugh asked what the Focus Group is doing to handle the non-conforming signs. Community Development Director Hendryx stated that if they change one sign at the property (or development) that is not in conformance then all signs must be brought into conformance. Councilor Schmidt asked what happens when somebody has to move a sign at the City's request. Director Hendryx said that if it was through condemnation, the City would work with the attorney to determine if, under the strict reading of the code, the business would have to come into conformance with the code. Councilor Cox added that we could not make somebody move a sign unless we condemned it and then the City would have to pay reasonable compensation. Community Development Director Hendryx added that the people need to be educated about the standards and process surrounding the sign code. Councilor Pugh stated that he has a major concern about the very tall signs within the City and suggested that an amortization or specific date be established to bring the signs into conformance. Councilor McCallum stated that he was impressed with the committee's desire to improve signs as well as taking the businesses into consideration Community Development Director Hendryx reviewed proposed administrative changes, movement of application requirements and processes into WDO with other application requirements, improving .readability and deleting redundancy, and developing a matrix on standards to make it easier to read. The Focus Group is in agreement on the changes and the group is taking this project very seriously 2980 Staff briefly reviewed the process to be followed before the City Council can make any final decision on this issue. 3098 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, May 13th at 11:45 am and the guest speaker will be the project manager on the Palomar pipe line project. (2) The Chamber has prepared a draft budget for Woodburn area tourism as it relates to the Chamber's participation on the Visitor's Association and it will be presented to the Chamber Board this month and then will be brought to the City Council. (3) Mr. Judson also wanted to urge voters to support the school bond measure. 3332 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, School Superintendent thanked the City Council for their support of school bond measure. He also announced that high school graduation is June 4th and it will be outdoors. They will be honoring students and volunteers with different activities between now and the end of the school year. Page 3 -Council Meeting Minutes, May 11, 2009 COUNCIL MEETING MINUTES MAY 11, 2009 TAPE READING Councilor Lonergan questioned the lower drop out rate and Walt Blomberg answered that it has fallen from 9% in 2004-2005 to under 3% in 2008-09. 3582 Mindy Mayer thanked the Council and citizens of Woodburn for their support following the tragic loss of her son and other family members last year. She spoke about the proposal to make a portion of Lawson Ave aone-way street going south and expressed her opinion that Public Works Director Brown has come up with an acceptable compromise with her whereby a sign on Stacy Allison would point to her business, McDonalds, as an access but would prohibit traffic going onto Highway 214. 3940 CONSENT AGENDA. A) Approve the Council meeting minutes of April 27, 2009; B) Authorize the City Administrator to sign Audit Contract with Boldt, Carlisle, and Smith LLC; and C) As the Local Contract Review Board, Council award the construction contract for the North Front Street improvements to Kerr Contractors, Inc., in the amount of $2,431,614.92. Councilor McCallum would like to pull North Front Street (item C) for discussion. Councilor Lonergan expressed his appreciation of staff being able to save 6% on audit costs. LONGERAN/PUGH .... adopt A & B the Consent Agenda and pull C. The motion passed unanimously. Councilor McCallum stated that he was concerned at having such a large contract under Consent Agenda, however, he was pleased with the results of the bid. COX/ MCCALLUM... As the Local Contract Review Board, Council award the construction contract for the North Front Street improvements to Kerr Contractors, Inc., in the amount of $2,431,614.92. Councilor Schmidt stated that he had a concern regarding the amount of money in the contract being spent on the trees along Front Street which will eventually have to be replaced. Public Works Director Brown answered that having the canopy and aesthetic features is an investment and there will be a need to replace trees as they get older in order to maintain sidewalks etc. He feels that it is a balancing decision that the Council will need to make and feels that they had met prior Council goals by preserving some of the existing trees and by adding about 40 trees for the entire length of the project using trees identified to be compatible with urban environment Councilor Pugh wanted to put more emphasis on making downtown an "old town" type of beauty. Page 4 -Council Meeting Minutes, May 1 1, 2009 COUNCIL MEETING MINUTES MAY 11, 2009 TAPE READING 4724 Public Works Director Brown stated that the planter wells will do a good job on root control and to facilitate eventual change out of trees. 5438 The motion passed unanimously to approve contract award. 5477 PUBLIC HEARING: CONTINUATION OF WOODBURN PARKS AND RECREATION MASTER PLAN. Staff recommended that hearing be continued to June 22, 2009. PUGH 1MCCALLUM... continue the public hearing to June 22, 2009. The motion passed unanimously. 5507 COUNCIL BILL N0.2774 -RESOLUTION ESTABLISHING A WOODBURN BUSINESS IMPROVEMENT LOAN PROGRAM. Council Bill No. 2774 was introduced by Councilor McCallum. Recorder Tennant read the bill by title only since there were no objections from the Council. Community Development Director Hendryx gave a brief explanation of the Business Assistance Program guidelines. 6200 Councilor Cox asked for clarification on the matching fund requirement and suggested language change on #4 of the guidelines (pg 21 of agenda packet). Councilor Pugh stated that he would like to see language that would require a business plan. Tape 2 Councilor Cox felt that the criteria should be included in the resolution. Councilor Schmidt requested further clarification on the matching fund requirement. Financial Director Gillespie stated that requiring assets would be a stronger incentive to make the business profitable. Councilors expressed concerned about the interpretation of the match concept. Mayor Figley asked if they would like to hold this over to the first meeting in June and possibly have a representative from COG attend. COX/LONERGAN...continue to the next regular Council meeting. The motion passed unanimously. 0650 COMMUNITY GARDEN AGREEMENT. Ian Niktab and Gabriel Frayne, a teacher at Academy of International Studies, gave a presentation on forming a community garden on a city-owned empty lot at 137 South First St.. Gabriel Frayne reviewed their vision and objectives which started with an idea about a year ago. They had property at another location in town last year for the community garden but the property was sold. Mr. Niktab continued with the presentation by reviewing the current site concept of growing food, obtaining assistance from various sources and possible layouts of the garden site. He also mentioned which organizations are involved in this project. Currently, a water source is not available at the property but City owns house next door and Mr. Niktab suggested that they may be able to use a Page 5 -Council Meeting Minutes, May 11, 2009 COUNCIL MEETING MINUTES MAY 11, 200 TAPE READING garden hose from the outdoor water faucet and reiterated that they do not need a large amount of water. Councilor McCallum asked if the students will be taking care of the garden during the summer or if it will be carried over to the fall. Mr. Frayne answered that the families of Esperanza Court have agreed to take care of the garden. Councilor Schmidt stated that he would like to see the agreement be lenient to the organization. COX /LONERGAN ... authorize the City Administrator to enter into an agreement with a responsible non-profit organization or governmental agency to rent the plot in question for a period of 1 year for nominal lease of $1 on terms and conditions to be approved by the City Attorney and City Administrator. The motion passed unanimously. 1980 REVISING SPECIAL EVENT POLICIES. City Administrator Derickson stated that the City's major event policy for our parks was one of subsidizing events. For private events, the City provided a 50% subsidy based on actual cost methodology, however, large events involve police support that exceeded fairly significantly the amount of the fees that are associated with it. The City will be experiencing a large loss in resources in the upcoming year and outside police agencies who have assisted the City police in the past will be cutting back on their assistance. Administrator Derickson stated that he does not feel that the City has resources available to provide the same level of services as in the past. Community Services Director Row stated that Mexican Fiesta has been the only large major event in the past several years but it does take substantial City resources over and above what the organizers provide. Administrator Derickson stated that they are not raising the fee to make money but are trying to recover expenses to City. Margarita Garcia, Latin American Club President, stated that the Mexican Fiesta has been a Woodburn event since 1964. It is a 3-day event and costs have increased for their organization to put on this annual event. She has a concern on the doubling of the fee in addition to their hiring their own security agency as required by the City. She stated that the security agency works closely with police department and the City should have been discussing the security issues with their organization rather than making a decision without their input. Another concern is that they will be required to pay a deposit of $6,b00 rather than the previous amount of $2,500. She stated that they want to keep the Mexican Fiesta in Woodburn but the City will need to help them in some way in order to keep it here. She also stated that she would like to see an accounting of costs from the city. Ms. Garcia stated that they have been charging an entrance fee to help offset their costs and they want to work with the City so they can continue the festival in Woodburn. Administrator Derickson clarified the policy fee and police presence cost. Margarita Garcia said she does not want to be priced out of an event. Page 6 -Council Meeting Minutes, May 11, 2009 COUNCIL MEETING MINUTES MAY 11, 2009 TAPE READING Councilor McCallum stated that a request for line item accounting would be appropriate. Mayor Figley wanted to reiterate that the increasing of fees is to cover City costs and not to make additional revenue because the City is not in a position where we can afford to subsidize these types of events. Councilor Cox agreed to meet with the organization, their security, and the police. He stated that the final decision is to be made by the Police Department as to what is required for public safety PUGH/MCCALLUM ...Adopt the revised special events policy. Councilor Cox asked if this can be adopted by motion. City Attorney Shields stated that it can be adopted by a motion. The motion passed unanimously. 3846 COUNCIL BILL N0.2775 -ORDINANCE ADOPTING A NEW SPECIAL EVENT PERMIT FEES FOR INCLUSION IN THE 2007-2008 MASTER FEE SCHEDULE AND REPEALING ALL SPECIAL EVENT FEES THAT ARE INCONSISTENT WITH THIS ORDINANCE. Councilor McCallum introduced Council Bill No. 2775. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2775 duly passed. 3949 COUNCIL BILL N0.2776 - RESOLUTION TO ESTABLISH A LOCAL IMPROVEMENT DISTRICT FOR IRONWOOD SUBDIVISION FOR STREET TREES AND SIDEWALK REPAIRS. Council Bill No. 2776 was introduced by Councilor Lonergan. The bill was read by title only since there were no objections from the Council. Councilor McCallum declared a conflict of interest and excused himself from participating on this issue. Councilor Pugh declared a potential conflict of interest but stated he would like to vote as he feels he would vote the same way if he did or did not own property in Ironwood. City Attorney Shields says a motion is needed to adopt the engineering feasibility report followed by resolution LONERGAN/COX ... adopt the feasibility report. Public Works Director Brown stated that they have consolidated this portion of the LID process to be responsive to Ironwood homeowners. Councilor Cox stated that the City's ultimate costs are relatively low with most cost to be paid by benefited property owners and he questioned if the Homeowners Association will get paid back by the owners. Public Works Director Brown stated that they will treat it as an LID with an assessment assigned to each property and the City would collect funds from each property owner. Page 7 -Council Meeting Minutes, May 11, 2009 COUNCIL MEETING MINUTES MAY 11, 2009 TAPE READING Councilor Schmidt stated that he feels that the City is partially at fault as to what has happened since the City required the developer to plant the large number of trees and the type of tree planted. 4798 Public Works Director Brown proposed a design solution based on actual space versus final design. The sweet gum tree was one of the approved trees and the decision of which type of tree to plant was made by the developer based on a list of approved trees. Councilor Cox stated that he is not in favor of a monetary contribution as the City does contribute in staff time and other miscellaneous expenses in addition to covering any cost overrun. The motion to adopt the feasibility report passed 4-0 with Councilor McCallum not voting on the motion. City Attorney Shields noted that there is a mistake on the last section of the Resoloution and it should read 10 year instead of 20 year payback by property owners. On roll call vote for final passage, the bill passed 4-0. Mayor Figley declared Council Bill No. 2776 duly passed. 5510 Councilor McCallum stated that the WDO did not exist when that development was built and he wanted to thank Public Works Director Brown and his staff for their work on this. 5725 COUNCIL BILL N0.2777 - RESOLUTION TO INSTALL A TRAFFIC CONTROL CHANGE ON LAWSON AVENUE. Councilor McCallum introduced Council Bill No. 2777. Recorder Tennant read the bill by title only since there were no objections from the Council. Public Works Director Brown stated they are trying to correct problems being encountered at Evergreen and are proposing to make a wide turn lane and limit the number of conflicts at Highway 214. He gave Mindy Mayer a commitment that signage would be provided. He also reminded the Council that Lawson Avenue will have a shorter pavement life span with trucks using this roadway. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2777 duly passed. 6281 COUNCIL BILL N0.2778 - RESOLUTION TO INSTALL A STOP SIGN AT MEADOWVALE LANE AND HERMANSON STREET. Council Bill No. 2778 was introduced by Councilor McCallum. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Schmidt stated that is in his neighborhood and he is in support of the proposed installation of a stop sign. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2778 duly passed. Page 8 -Council Meeting Minutes, May 1 1, 2009 COUNCIL MEETING MINUTES MAY 11, 2009 TAPE READING 6430 COUNCIL BILL N0.2779 -RESOLUTION INITIATING VACATION OF BROADWAY STREET BETWEEN A STREET AND B STREET. Councilor McCallum introduced Council Bill No. 2779. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2779 duly passed. 6518 MILL CREEK GREENWAY PHASE I PROJECT. Administrator Derickson conducted a neighborhood meeting on April 16th and took public comments. He will bring back findings to the Council at their first meeting in June. Community Services Director Row stated that the staff report has taken a more extensive approach and he has held off on the permit process since there were too many unknowns. He stated that they have begun negotiations with Oregon State Parks to extend the grant timeline and a potential change of proj ect scope, however, there is no guarantee on an extension. Councilor Cox asked when the agreement with Oregon State Parks was entered into. Community Services Director Row answered that it was in 2007. Tape 3 Mayor Figley stated that the next regular meeting date is Memorial Day and the options are to cancel the meeting if insufficient business items otherwise or schedule it for the Tuesday that follows Memorial Day. COX/LONERGAN... cancel the 2nd regular Council meeting in May. The motion passed unanimously. 0364 CITY ADMINISTRATOR'SREPORT. A) Represented the City at the State Capitol ~ DPSST (Department of Public Safety Standards & Training) when honoring Tom Tennant, Scott Russell and Bill Hakim. B) Attending the Public Works event on May 16th at the Downtown Plaza. He stated that the Mayor and Council will also have a table at the event. 0448 MAYOR AND COUNCIL REPORTS. Councilor McCallum gave a reminder for Mayor's prayer breakfast on May 12th, 6:30 a.m., at the United Methodist Church. He stated that had also attended the Senate's reading of their Resolution and Chief Russell is doing well. Mayor Figley stated that she also attended the event at the State Capitol. Councilor Schmidt asked how the website update is coming and City Administrator Derickson answered that he has a meeting with staff later this week to go over the re- design ofthe website. Page 9 -Council Meeting Minutes; May 1 1, 2009 COUNCIL MEETING MINUTES MAY 11, 2009 TAPE READING ADJOURNMENT. 0646 PUGH /MCCALLUM.... meeting to be adjourned. The motion passed unanimously. The meeting adjourned at 10:13 p.m. APPR ATTEST Mary Te ant, Recorder City of Woodburn, Oregon Page 10 -Council Meeting Minutes, May 1 1, 2009