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Minutes - 10/12/2009COUNCIL MEETING MINUTES October 12, 2009 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 12, 2009. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Figley Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Pugh Present Councilor Schmidt Present Ward VI Council Position is Vacant Staff Present: City Administrator Derickson, City Attorney Shields, Police Chief Russell, Public Works Director Brown, Economic & Community Development Director Hendryx, Interim Police Chief Blevins, Police Captain Alexander, Community Services Director Row, Senior Planner Labossiere, HR Assistant Sprauer, City Recorder Tennant Mayor Figley stated that members of the public are invited to meet two candidates for the Ward VI council position vacancy on Tuesday, October 13~' at the Police Community Room from 6:00 - 8:30 p.m.. 0120 PRESENTATION: DOWNTOWN CRIME. Police Chief Russell thanked the Mayor and Council for their support over the last several months. Recently there has been vigorous public discussion regarding downtown public safety and the purpose of the downtown crime presentation is to give the Mayor and Council access to the most complete data. Police Chief Russell stated that the priorities for fiscal year 2008-09 have been implemented by command staff as part of the police department's interim police program. The department has been successful in reducing street gang violence and increasing efforts to reduce gang activity and violence on the streets and in school through programs like Weed & Seed. The Community Response Team (CRT), district officers, and code enforcement officers have worked towards enhancing the downtown core enforcement. The department identified and targeted known prolific car thieves and burglars and made several arrests in recent months. He explained that car prowls and burglaries jump dramatically when particular individuals are released from jail. The department targeted enforcement of street to high level drug operations to reduce drug related violence. In fall of 2008, there was a significant double homicide tied to the Mexican cartels which demonstrated how important it is to work on all levels of drug trafficking to reduce Page 1-Council Meeting Minutes, October 12, 2009 COUNCIL MEETING MINUTES October 12, 2009 TAPE READING violence. The traffic unit was successful in reducing both traffic deaths and injuries, and accidents in total. Finally, the department has and will continue to work towards establishing additional community connections with district meetings, neighborhood association meetings, and citizen & business academies. Police Chief Russell reviewed the downtown public safety issues of the 1980's,1990's, 2000's, and the plans for 2010's. In the 1980's, downtown Woodburn had several large dancing facilities that attributed towards a high level of crime and began the local drug trade. Several gang families also moved to the downtown area and established both of the major gangs that exist in northwest Oregon. In the 1990's, strong community effort and a large amount of police resources was committed to the downtown area to change the environment. The large bars were closed and drug trade moved to the parking lot at First/Hayes, which was very difficult to enforce and became tied to gang activity. At that time, the City made plans for urban renewal and police patrol and traffic divisions moved to the Highway 99E precinct. In the 2000's, urban renewal began and the Plaza Park was developed to change the downtown environment. There was an increased enforcement effort that reduced the drug and gang influences but displaced crime to Young Street and Mall 99 areas. In 2006, the new police facility opened and police patrol was relocated from the Mall 99 area to the Front Street/Highway 214 location. To maintain a presence downtown, the police department's CRT operated a storefront in the museum during the summer months. Over fiscal year 2007-08, Council provided $60,000 in police overtime to work in the downtown for enhanced enforcement. Chief Russell expressed the importance of changing the home environment to prevent crime from returning to a particular area. In the 2010's, enforcement must work hand-in-hand with environmental change. The community must work towards developing new and robust commerce, reducing the number of vacant buildings, targeting enforcement with the assistance and support of the community, and enhancing the ordinance. District resident involvement is key to success in any change. Police Chief Russell explained that there have been incremental changes made over the years to improve the downtown area, and they happened because of the tough work done by individuals, police, and the community. The community must continue to make incremental progress if it wants to change the perception of crime and the fear of crime in the downtown core. There are currently three crime districts in the city: District 1 located in the west portion of the city, District 2 located in the center and north portion of the city, and District 3 located east of Front Street. Districts boundaries are determined based on call load and statistics, and the downtown area is part of District 2. In the core area, from January to August 2008 versus 2009, there was a 16% overall reduction in violent crime, which included aggravated assault, arson, assault-simple, forcible rape, intimidation, robbery, and sex crimes. Total offenses in District 2 decreased 8%, property crimes increased 5%, public order offenses decreased 16% with the exception of drug law violations, self Page 2 -Council Meeting Minutes, October 12, 2009 COUNCIL MEETING MINUTES October 12, 2009 TAPE READING generated warrant arrests remain high, and vandalism decreased 38%. Drug law violations account for actual arrests made by police officers who have either investigated or run a covert operation. Earlier in the year, detectives launched an operation in the core area to reduce drug trafficking that was successful and would account for the increase in drug offenses. Councilor McCallum inquired whether the warrant arrests were from city warrants. Police Chief Russell stated that Woodburn does not carry city warrants and explained that warrant arrests would account for any warrant made throughout the state. Councilor Lonergan questioned the impact of the poor economy on crime. Police Chief Russell stated that the prolific property offenders continue to be the bane of enforcement and once they are released from jail, crime rates jump. The economy may play a roll in how long a person is incarcerated, which will drive the City's crime stats. Councilor Lonergan inquired of the impact of vacant buildings on crime. Police Chief Russell stated vacant space provides an opportunity for crime. Councilor Cox inquired if the City could generate statistics to distinguish between the levels of offenses in the downtown business district versus the remaining portion of District 2. Police Chief Russell explained that NORCOM, the City's service provider, is adjusting the geo-codes within District 2 to distinguish between the zones, and presented pin maps that indicated where offenses have occurred over from July through September 2009. Councilor Lonergan inquired whether the police department had enough officers. Police Chief Russell stated that Council was supportive of a re-organization to increase staffing because of the need for more officers. However, a community must take a holistic approach when tackling crime and support their park and youth programs. Councilor McCallum stated that oftentimes individuals are released soon after they are arrested, and it poses a challenge to the department. Police Chief Russell explained that the City tries to train their officers to resolve underlying problems through code enforcement or landlord/tenant interaction. 2300 The City would like ordinance enhancement to implement "CrimelDrug Free/Zero Tolerance Zones" in the downtown area. The Woodburn Police Department staff and the City Attorney's Office has reviewed "Crime/Drug Free/Zero Tolerance Zones" in local ordinances and found that there are a number of requirements that must be met. They are currently reviewing City Ordinance 1900, the City's Public Drinking, Public Indecency ordinance. The ordinance would be a challenge as there could be a number of civil rights violations due to the disproportionate number of a particular protected class in the area and would also face the district attorney skepticism to prosecute. The City has now shifted their focus to creating a Failure to Appear Resolution. Police Chief Russell concluded his presentation by stating that crime has incrementally and dramatically been reduced in the core area over the last twenty years. Additional crime reduction in the core area will take work by all stakeholders. Environmental crime Page 3 -Council Meeting Minutes, October 12, 2009 COUNCIL MEETING MINUTES October 12, 2009 TAPE READING and attacking the root of crime is much more efficient and affective than enforcement alone, and although creative solutions are welcome, they must meet the tests of constitutionality and upholding citizens' civil rights. All residents deserve the highest level and quality of police services that they pay for and each district has public safety issues that need to be addressed. District meetings are currently in the planning stage and will give community members an opportunity to speak with their district's officers. Councilor Lonergan stated that he has lived in the downtown area for over 50 years as a resident of District 2 and agreed with Chief Russell that crime has been reduced over the years. His perception is that there is a new group of individuals living in the downtown area that are serious about reducing crime even further and Council needs to deal with this issue. He questioned whether there were any plans to bring back the satellite office to downtown. Chief Russell explained that the police department typically sets up a satellite office over the summer months, and although there was little participation, they will continue to run a satellite office and have a presence downtown. There are currently four officers dedicated to District 2 for a minimum of twelve months. 3000 Councilor McCallum expressed his appreciation for Chief Russell's presentation and stated that the community needs to fight the crime in all areas of Woodburn. The effort needs to be united, constant, enforced, and supported. Councilor Pugh asked for clarification on the particular zones and exemptions. Chief Russell explained that the City ofPortland/Multnomah County just eliminated their "Crime/Drug Free/Zero Tolerance Zones" because, in the review of their exclusions, found that their exclusions had impacted one protected group disproportionately more than another. Mayor Figley reminded the public to contact the Police Department's main line with any questions or concerns, and to report any crime or suspicious activity as soon as possible. 3400 PRESENTATION: FIESTA MEXICANA REPORT. Community Services Director Row provided Council with a report on the 2009 Mexican Fiesta which has been a long standing event since 1964. In May 2009, the Council adopted an updated Special Event policy, which removed the 50% subsidy provided to non-profit organizations that submit for a Special Event permit and required Special Event permit holders to reimburse the City for the costs of police overtime spent supporting the event. Over the years, the City's expenses have escalated and the budget could no longer sustain the subsidy. From the City's perspective, the event ran smoothly this year, however, there was a lower level of attendance and three arrests for preexisting warrants. This year there was a larger police presence due to more City officers, outside officers, and three juvenile probation officers provided through the Weed & Seed program. Community Service Director Row reviewed the cost tabulation for the event which Page 4 -Council Meeting Minutes, October 12, 2009 COUNCIL MEETING MINUTES October 12, 2009 TAPE READING totaled $23,843, and included $14,673 for police support and $9,170 for public works and city administration support. A settlement invoice was sent to the Latin American Club for $14,673 to cover police support for the event and the group has already paid $14,600 in permit application fees to cover other costs. The total fees to the Latin American Club total $29,273. Community Services Director Row explained that the event faced several administrative hurdles this year, which included permit timelines and payment plans, an earlier closing time on Sunday, and security concerns regarding fencing, security guards, metal detectors, and gang-oriented entertainers. 4392 Community Services Director Row closed his presentation with a recommendation to make the event more family-oriented and allow staff to work with the club beforehand to shore up administrative concerns and lessen the cost of the event. Councilor Cox inquired of the remaining fees due by the Latin American Club. Community Services Director Row stated that the Latin American Club owes a balance of $9,170 for law enforcement costs. Councilor McCallum stated taxpayers should not fund private events and expressed his disappointment with the last minute planning and unfulfilled requirements. The expectations are clear and event has the potential to be excellent, safe and family-friendly. 5000 Mayor Figley stated that some activities should not happen on public property and the current leadership management of the Latin American Club understands the community's expectations. The City would love to partner with the club when they put on a positive, worthwhile event, but if the event does not meet expectations, the club should look for another venue, Councilor Lonergan questioned of the level of security the Latin American Club provided for the event and the number of police hours provided by outside agencies, Community Services Director Row explained that the level of law enforcement support could be reduced if the level of private security provided by the Latin American Club was improved. It is unknown how many hours were provided by outside agencies. Councilor Pugh expressed concern over the location of the event and its proximity to residential homes. 5421 CHAMBER OF COMMERCE REPORT. Don Judson, Executive Director, informed the Council of the upcoming Chamber events: (1) Forum Lunch will be held on Wednesday, October 14th at noon at Wellspring with guest speaker Paula Conway, PGE representative. (2) The 8th Annual Crystal Apple Awards will be held on Thursday, November 12th to honor excellence in local education. Nominations are due Thursday, October 15~', and can be obtained at West Coast Banks or on the Chamber website. All events, projects, and contact information can be found on the Chamber website. Page 5 -Council Meeting Minutes, October 12, 2009 COUNCIL MEETING MINUTES October 12, 2009 TAPE READING 5643 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Superintendent, stated that the school district has grown from 5200 students last school year to 5300 this year. He encouraged everyone to attend the Crystal Apple Awards. The tickets cost $25 and the event honors staff. The Woodburn Girl's Volleyball team won the first game against South Albany this year and the Woodburn Arts & Communications Academy will present the play "Joseph and the Amazing Technicolor Dream Coat" the first two weekends in December. In regards to the Chief Russell's comments earlier in the evening on crime, Mr. Blomberg agreed that good afterschool programs are key components in crime prevention and invited everyone to attend "Lights On" on October 22nd at Valor Middle School, to discuss the importance of afterschool programs and the role they play in the community. 5995 CONSENT AGENDA. A) Approve the Council minutes of September 28, 2009. MCCALLUM/LONERGAN...adoptthe Consent agenda as presented. The motion passed unanimously. 6046 PUBLIC HEARING: LA 2009-01-LEGISLATIVE AMENDMENT TO REVISE PLANNING DOCUMENTS AS PROPOSED BY THE DRAFT DOWNTOWN DEVELOPMENT PLAN UPDATE. Mayor Figley stated that she would be giving the Economic & Development Services Director several minutes to provide a limited staff report and then allow comments by the Planning Commission. 6400 Economic & Development Services Director Hendryx stated that a hearing on the Downtown Plan Update was held on September 24, 2009 with a Planning Commission recommendation for Council to deny the proposed amendments. Staff is now recommending the hearing not be held at this meeting but it be referred back to the Planning Commission for further review, with a focus on specific land use changes and a recommendation to initiate further community outreach. 6672 City Administrator Derickson stated that quality of life and public safety issues that result from the plan as conceived in the future are legitimate items to be included in the plan. tape 2 However, current crime is not best achieved through atwenty-year plan and should be managed now. Mayor Figley explained that the majority of the plan is valid although there are several issues in the Downtown Plan Update that must be addressed. She would like the Planning Commission to work through the plan and identify those issues that are problematic or do not fit the community. In discussions with the Commissioners, their recommendation for denial happened because they felt they were on a specific timetable Page 6 -Council Meeting Minutes, October 12, 2009 COUNCIL MEETING MINUTES October 12, 2009 TAPE READING and had to make action even if they were unhappy with the proposed plan. Councilor Pugh stated that this issue came about as a result of misunderstanding and agreed that it should be remanded back to the Planning Commission to review the plans to their satisfaction. Councilor McCallum concurred with Councilor Pugh in that the plan should be remanded back to the Commission but believes that the plan demands a great amount of time for review. City Administrator Derickson stated that Economic & Development Services Director Hendryx contacted ODOT and obtained additional time to complete the plan and ODOT is also willing to work with the City on the Highway 99E plan. ODOT understands that the City is making a good faith effort to develop a livable plan that reflects the value of the community. Councilor McCallum stated that he would like to allow the Planning Commission enough time to thoroughly review projects and relies on their expertise. Councilor Cox agrees with a remand and stated that Planning Commissioners are not planners and are not expected to have the expertise to develop a plan. The Planning Commission was operating under the misapprehension that they were expected to make a decision. They recommended a denial because they were unhappy with the plan and believed they did not have sufficient time to make changes. Economic & Development Services Director Hendryx agreed that the plan needs to be corrected and explained that ODOT is willing to work with the City with the understanding that the plan is not ongoing and there is a visible endpoint. Councilor Cox stated that the remand should be without directions. He does not feel that community outreach needs to start from the beginning or that non land-use issues and public perceptions should not be considered. The consultants did not provide the City with a plan that would work in Woodburn and the City needs a realistic plan. Councilor Lonergan stated that he would like to see the plan return to the Planning Commission. The Downtown Plan Update does address economic development and questioned if quality should be considered. Economic & Development Services Director Hendryx stated that there are quality of life issues that fit in land use planning but the majority of the policy should be carried out elsewhere. City Administrator Derickson explained that the staff recommendation was not intended to restrict the Planning Commission from considering quality of life issues. Staff's recommendation was asking for the Commission to identify the quality of life issues and allow staff and Council to find the proper mechanism for enforcement. Councilor Lonergan questioned whether the recommendation for community outreach was to receive open dialog. Economic & Development Services Director Hendryx stated that the Latino community has not been involved in the update process. Staff would like to collaborate with Page 7 -Council Meeting Minutes, October 12, 2009 COUNCIL MEETING MINUTES October 12, 2009 TAPE READING Chemeketa Community College along with the business association to receive move involvement community wide. City Administrator Derickson stated that a significant number of stakeholders will be impacted by this plan that the City has not heard from. The recommendation was intended to solicit more input in the process. Councilor Cox expressed concern over the time required to solicit additional input. Councilor Lonergan stated that unheard stakeholders would have an opportunity to share input at both the Planning Commission and Council public hearings. 1064 City Administrator Derickson agreed with the Councilors in that community outreach should not start from the beginning but staff should utilize current partners to communicate what the plan can mean to various stakeholders within the community so they can participate in the process. Councilor McCallum explained that the Downtown Plan is an opportunity for change but is not the place to address public safety and quality of life issues. 1166 Commissioner Jennings stated that the schedule presented to the Planning Commission indicated a strict timeline and the Commission did not know that they had any options in their decision. The Commission heard public testimony, which included pros and cons, and felt that the plan could not be accepted as presented and denied the plan with a provision asking the Mayor to appoint a task force to revise the plan. He agreed that livability items should not be included in the plan especially if the plan is just moved to a shelf and has questions on a number of items in the draft plan. Commissioner Jennings requested the plan be remanded back to the Commission since they did not have the opportunity address the land use issues and make recommendations, and does not want to be given a timeline in which to complete the review. 1609 Councilor McCallum expressed a need for a target deadline. 1610 PUGHIMCCALLUM...remand the report back to the Planning Commission and be provided a project guideline or target date. The motion passed unanimously. 1720 AWARD OF CONSTRUCTION CONTRACT FOR THE 2009 INFLOW AND INFILTRATION (I&I) REMOVAL PROJECT. Bids for the 2009 Inflow and Infiltration removal project were received from the following contractors: Jeff Kersey Construction, $99,953.00; Harry Stanley Construction, $130,000.00; and John Rice Excavation, $133,920.00. COX/LONERGAN...awardtbe construction contract for the 2009 I ~ I Removal Project to Jeff Kersey Construction Co. in the amount of $99,953.00. The motion passed unanimously. Page 8 -Council Meeting Minutes, October 12, 2009 COUNCIL MEETING MINUTES October 12, 2009 TAPE READING 1802 AWARD OF CONSTRUCTION CONTRACT FOR THE MILL CREEK GREENWAY TRAIL PROJECT. Bids for the construction of the Mill Creek Trail Project were submitted by the following contractors: Canby Excavating, Inc., $364,061.45; 2KG Contractors Inc, $374,450.75; Varchan Environmental Const., $375,747.00; Triplett Wellman, Inc., $398,184.77; Banzer Construction Co, $399,618.00; Elting Northwest, Inc., $437,951.50; Parsons Excavating, Inc., $455,935.50; Nomarco, Inc., $460,350.25; Gelco Construction Co, $466,791.90; Kerr Contractors, Inc., $468,585.50; North Santiam Paving Co, $481,181.50; Coffinan Excavation, LLC, $527,230.00; and Excel Excavation, Inc., $563,196.00. COX/PUGH...award the construction contract for the Mill Creek Greenway Trail Project to Canby Excavating in the amount of $364,061.45. Councilor Schmidt questioned the sidewalk width on Marshall Street. Community Services Director Row explained that the project engineers in consultation with staff decided that afive-foot width sidewalk was a desirable and the most functional. Staff measured the existing vehicle owned by a resident affected by the installation of the sidewalk and measured the future length of the sidewalk, and determined that the existing vehicle fits within the existing driveway. The motion passed 4-1 with Schmidt voting nay. 1950 PLANNING COMMISION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission approval of Variance Case #VAR 2009-01 at 202 Young Street, tax lot OS1W18AB11600: Approval was given to install a 4,000 gallon above- groundtank to store fuel for emergency generators, sewage lift stations, and City equipment in case of natural disasters. No action was taken by the Council to bring this variance case up for review. Councilor Schmidt questioned the status of the proposed vacation of Broadway Street. Public Works Director Brown stated that he had initiated the vacation of Broadway Street to facilitate the fueling station and improve efficiencies of the City's public property but had not obtained full concurrence from the affected businesses. The variance will allow public works to install the fueling station rather than pursue the vacation. 2262 CITY ADMINISTRATOR'SBEPORT. (A) City Recorder interviews took place last week to replace Recorder Tennant who will be retiring later this year, and the City is close to making a formal announcement. He, Mayor Figley, and Councilor McCallum participated in the interview process. (B) Finance Director interviews will take place Wednesday, October 21, 2009. There are Page 9 -Council Meeting Minutes, October 12, 2009 COUNCIL MEETING MINUTES October 12, 2009 TAPE READING many qualified candidates and City hopes to move quickly with a decision. He, Mayor Figley, and Councilor McCallum will be participating in the interview process. 2359 MAYOR AND COUNCIL REPORTS. Councilor Longergan requested an update on the Front Street project. Public Works Director Brown stated that the project is approximately two to four weeks behind schedule, with major pavement scheduled for this week from Hardcastle Avenue north to the Highway 214 overpass. It is also expected to rain which may affect the schedule. The first lift infill has progressed well and the grinding is completed and ready for overlay. All access to business has been restored, concrete work has been completed, and the utility poles are down for the undergrounding north of Hardcastle Avenue. He is hopeful that businesses will return to normal by mid November. Councilor Pugh inquired of the narrowing of streets. Public Works Director Brown explained that the sidewalk design includes pedestrian bulbouts that narrow the lanes and shorten the distance a pedestrian must cross. Bulbouts are a common urban practice designed to make the area more pedestrian friendly, calm traffic, and provide protection for on street parking. Councilor Cox asked when the utility poles on the east side of Front Street and north of Harrison Street will be removed. Public Works Director Brown stated that utility poles are scheduled to be removed after the project is at substantial completion and based on the availability of PGE staff. Councilor Schmidt questioned the functionality of the streets in regards to semi-truck and bus traffic. Public Works Director Brown stated that the design parameter used on the project allow buses and trucks to make turns, although they must utilize every inch of pavement. Councilor McCallum suggested merchants work with their suppliers beforehand to develop more convenient delivery routes and times of delivery in the downtown area. Public Works Director Brown explained that the number of semis that pass through the downtown area is so few, that according to standard engineering practice, actual consideration for only using single-axle units for deliveries would be sufficient. The City, however, elected to design for semi travel. Councilor McCallum stated that September was Library month and he found that he did not have a library card, but as of now, has a card and can check out books. 3122 ADJOURNMENT. PUGH/MCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:18 p.m.. Page 10 -Council Meeting Minutes, October 12, 2009 COUNCIL MEETING MINUTES October 12, 2009 TAPE READING ..~~ .~ .. .~ APPROVED ~ i ~'~ °x ITI~RYN FIGLEY,IVIAY~R ,~. ~,~. ATTEST Mary Te t, Recorder City of Woodburn, Oregon Page 11-Council Meeting Minutes, October 12, 2009