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Minutes - 10/26/2009COUNCIL MEETING MINUTES October 26, 2009 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 26, 2009. CONVENED. The meeting convened at 7:06 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 vacant Staff Present: City Attorney Shields, Acting Chief Blevins, Economic & Development Services Director Hendryx, Assistant City Engineer Liljequist, Community Services Director Row, Water Resource Division Manager Scott, Assistant Wastewater Superintendent Stultz, Mike Ferguson, HR Assistant Sprauer, City Recorder Tennant 0040 APPOINTMENT: WARD VI COUNCIL POSITION. Mayor Figley announced her decision to appoint Eric Morris, current Park Board and School Board member, to expired Ward VI seat with the consent of Council. MCCALLUM/LONERGAN... approve the appointment of Eric Morris to vacant Ward VI Council seat, with a term to expire December 2012. Councilor Schmidt feels that the waiting three years for an election of this position is lengthy and believes Council should consider a vote during the next regular election. Councilor Cox explained that a vote would require a change in the Charter and would be costly to the City. He suggested that a vote would be more appropriate during the next general election. Councilor McCallum stated that it is most important that Ward VI have a representative. Councilor Pugh does not feel that an election is necessary and agrees with the current procedure. Councilor Schmidt would like a vote during the next general election. Councilor Lonergan expressed his appreciation for the Mayor in her difficult decision as Mr. Sowa is another very qualified individual for the position. Mayor Figley stated that her decision for the Ward VI appointment was one of the most difficult decisions that she has had to make throughout her tenure in office. The motion passed unanimously. Page 1-Council Meeting Minutes, October 26, 2009 COUNCIL MEETING MINUTES October 26, 2009 TAPE READING 0296 PRESENTATION: NATURAL HAZARDS MITIGATION PLAN. Economic 8~ Development Services Director Hendryx presented an overview of the City's Natural Hazards Mitigation Plan. The federal government's Disaster Mitigation Act of 2000 set up program to reduce the loss of life and property, human suffering, economic disruption, and disaster assistance costs resulting from natural disasters and provides funding to assist state and local governments in implementing effective hazard mitigation measures. The Federal Emergency Management Agency (FEMA) has grant opportunities for jurisdictions to identify hazards and develop mitigation actions and the University of Oregon's Partnership for Disaster Resilience assists planning efforts and provides information. FEMA has already awarded grants to several local jurisdictions including the City of Woodburn and in October 2008 Council authorized the City to participate. Woodburn's plan will be an addendum to Marion County's approved hazard mitigation plan. The risk assessment and action items developed by Public Works and Economic & Development Services include: geography and climate; population and demographics; employment and economics; housing; land use and development; transportation; critical facilities and infrastructure; historic and cultural resources; government structure; existing plans and policies; and community organizations and programs. The risk assessment includes not only hazards that occur within the city but also those that occur outside that have regional effects, like drought, volcanic eruption, and wildfire, it prioritizes spending for mitigation efforts, and identifies concerns that may be relatively inexpensive to address in the design of future capital projects. The plan lists various hazards and categorizes their probability and vulnerability. Economic & Development Services Director Hendryx provided Council copies of the draft plan and explained the process to become eligible for FEMA mitigation grants. He explained that the department has already advertised the plan and once they receive public comment and comments from Council, the comments will be incorporated into the plan and sent to FEMA for review. Once FEMA grants preliminary approval, City Council can adopt the plan by resolution, and become eligible for grants. Councilor McCallum inquired of the timeline for the plan. Economic & Development Services Director Hendryx asked Council to provide comment within the next thirty days. Councilor Cox asked whether the City's package would be submitted separately from the other jurisdictions sharing the grant. Economic & Development Services Director Hendryx explained that the City will submit its plan separately to FEMA and recapped the process. Councilor McCallum questioned whether FEMA has a timeline for review. It is an important document and he does not want the project to be held up by FEMA. Economic & Development Services Director Hendryx stated that FEMA does not have a timeline for review although he does not believe the review will be timely. Page 2 -Council Meeting Minutes, October 26, 2009 COUNCIL MEETING MINUTES October 26, 2009 TAPE RF,AnTNC 0713 PRESENTATION: WOODBURN DEVELOPMENT ORDINANCE (WDO) AND SIGN FOCUS GROUP UPDATE. Economic & Development Services Director Hendryx presented an update on the Sign Focus Group and Woodburn Development Ordinance (WDO) Focus Group. On February 9, 2009, the Mayor appointed ten members to the Sign Standards Focus Group: Cliff Zauner, Dan Dinges, Elizabeth Vega, Ellen Bandelow, Jake Jacobsen, Kelly Long, Mellissa Hayden, Mike Sumner, Pete McCallum, and Teri Sunderland. The group was charged with evaluating sign standards and simplifying the City ordinance, and making them more user friendly. Early in the process, the group completed a sign survey and created a work program that covers various topics, including wall signs, monument signs, pole signs, non-conforming signs, education and enforcement programs, electronic signs, flags, signs within the public right-of way, landscaping requirements regarding signs, and a tracking system. Staff has also given presentations to civic groups for input and would like to not address the topics mentioned above, but also include A-frame, temporary, and exempt signs. The group meets monthly and has a thorough understanding of the City's sign standards. Throughout the process, the group has used jurisdictional comparison including a model ordinance provided by the sign industry, as an evaluating tool to determine the "reasonableness standard" of the City's requirements. In regards to wall signs, the group would like to simplify the standard by having only one size standard and prevent excessive setbacks. The focus group would like to simplify the standards for monument signs by allowing the consolidation of signage and having only one height standard. They are currently reviewing pole signs, and would like to restrict pole signs to the I-S/Hwy 214 intersection and allow the consolidation of signage on larger sites. The group would also like to implement an incentive program for upgrading non-conforming signs, maintain the current flag limit, allow signs in the public right-of way in the R1 S zone, and continue to look at education and enforcement, and a tracking system. The next topics of discussion will include electronic message signs and pole signs. The focus group will take a tour the city on November 12, 2009, have an open house in November, and hold public hearings in December 2009 and January 2010. Councilor Pugh questioned the time length spent on the project. Economic & Development Services Director Hendryx explained that the City's sign standards are complicated, and it has been a long and difficult project. Councilor McCallum stated that as a member of the focus group, he has learned a lot. Simplifying the process is timely but will produce a better ordinance. 12$7 Councilor Cox asked if a member of the sign industry was on the focus group and explained that the new revisions should protect business owners and put the burden of compliance onto the sign companies. Councilor Cox would like Council to address real estate signs and feels the City can make a decision sooner, rather than waiting for the entire ordinance to be updated. He explained that allowing signs in the public right-of way is not a sign code issue but is an Page 3 -Council Meeting Minutes, October 26, 2009 COUNCIL MEETING MINUTES October 26, 2009 TAPE READING issue of whether or not the City would be willing to allow temporary signs that do not have vision impacts on traffic, in the public right-of way. He explained that this issue is a problem in Senior Estates and Council told several realtors that this problem would be addressed. Councilor Pugh stated that the issue with the signs in Senior Estates was unreasonable and is sympathetic towards the two realtors that expressed their concerns to Council last year. He believes the City was unfair but acknowledged the potential consequences of allowing signs in the public right-of way. Councilor McCallum stated that the signs should be reviewed in a total context and the focus group should have the opportunity to review the sign code and bring their recommendations to the Planning Commission and Council. Councilor Cox explained that this particular sign issue does not affect current definitions of temporary signs, size limitations, or length of sign placement but is a matter of changing what is allowed in the public right-of way. Changing the policy decision of what is allowed in the public right-of way has nothing to due with the overall purpose and function of the sign standards focus group. The decision of what is allowed in the public right-of way in Senior Estates should not be postponed. Economic & Development Services Director Hendryx explained that the changes Councilor Cox suggested would require an amendment to the Woodburn Development Ordinance (WDO}, which requires following a state procedure. Councilor Cox asked whether the WDO states that the no signs can be placed in the public right-of way. Economic & Development Services Director Hendryx stated that the WDO states that no signs can be placed in the public right-of way. Councilor Cox agreed with Economic & Development Services Director Hendryx in that the changes must go through the Planning Commission but believes that the decision should not be delayed. Economic & Development Services Director Hendryx stated that he believed the focus group would have completed their review three months previous. The pole and monument sign discussion was timely but the recommendations are well thought out. Councilor Cox thanked Economic & Development Services Director Hendryx and the focus group for their work but believes the recommendations will not reach Council for a public hearing within six months. Councilor Pugh stated that there is no particular reason why Council cannot address signs in the public right-of way as an individual item. Councilor Lonergan explained that signs in the public right-of way would not only include real estate signs but also include political, garage sale, and any other type of temporary sign. This is a big issue and he would like to see the recommendations from the focus group before making a decision. Councilor Schmidt stated that the two realtors that expressed their concerns to Council in Page 4 -Council Meeting Minutes, October 26, 2009 COUNCIL MEETING MINUTES October 2b, 2009 TAPE READING November 2008. Councilor Lonergan recognized the difficulty in developing standards for pole and monument signs and asked whether all other signs that do not fit within the new standards would become non-conforming. Economic & Development Services Director Hendryx explained that many of the recommended changes to the sign standards would be relaxed. The focus group will make a recommendation to change the standards for non-conforming signs. Under the current code, all of the signs on a site must be brought into conformance when a modification is made to one non-conforming sign. The focus group will make a recommendation to allow remodels and small additions, up to 1000 square feet, without triggering the wholesale removal and replacement of all signs. The recommendations should lessen the number ofnon-conforming signs. There was discussion amongst the Council in regards to the process for separating signs in the public right-of way from the entirety of the sign standards package. Economic & Development Services Director Hendryx stated that the focus group has worked through signs in the public right-of way and reached a recommendation. Having an open house with the business community before the public hearing maybe beneficial. COX/PUGH... staff be instructed to request the recommendation of the focus group on the temporary signs in the public right-of way to be separate from the main report and to begin the process through the Planning Commission and Council as soon as feasible. Councilor Lonergan questioned the purpose and urgency of having one portion of the sign standards removed and processed separately. He believes Council is giving a select group preferential treatment. Councilor Cox explained that this particular issue is a public right-of way issue. The sign standards could state that temporary signs may be permitted in the public right-of way if they otherwise comply with all requirements of the sign ordinance. Councilor Pugh inquired of the focus group's recommendation of temporary signs in the public right-of way. Economic & Development Services Director Hendryx explained that the focus group made a minor change to allow signs in the public right-of way in the RS 1 or 1 S zone, which includes Senior Estates. The focus group does not feel comfortable allowing temporary signs in the public right-of way citywide because of potential ramifications. Councilor McCallum believes the sign standards should come to the Planning Commission and Council as a total package. Councilor Lonergan inquired of the end date for review. Economic & Development Services Director Hendryx stated that the group has one additional meeting, at minimum, on November 17th. There was discussion in regards to the time length necessary to move this project to a public hearing. The motion passed 3-2 with Councilors Lonergan and McCallum voting nay. Page 5 -Council Meeting Minutes, October 26, 2009 COUNCIL MEETING MINUTES October 26, 2009 TAPE READING Mayor Figley stated that she feels signs in the public right-of way should be considered part of the sign standards package. 2525 Economic & Development Services Director Hendryx presented an update on the WDO Focus Group. In May 2009, the Mayor appointed nine members to the WDO Focus Group: Dave Christoff, Durrell Crays, Gene Wellman, Ken Triplett, Tom Flomer, Jim Swee, John E. Baker, Kristy Olson, Jim Cox, and Richard Jennings. The group identified weaknesses and areas in the code that need specific work, which include organization, clarity, ease of use, reasonableness, land uses, buffering, architectural design, flexibility of regulations, options for compliance, appropriate uses, landscaping, setbacks, parking, and environmental protection. The group's guiding principles include bringing ease of use, clarity, and flexibility to the ordinance. On a monthly basis, the group has worked through the ordinance section by section to understand what the current code allows. Landscape standards have been simplified and reduced, a sliding scale has been created to determine buffering standards, and a street trees list has been standardized. Design standards have also become more flexible and include historic overlay requirements for all sides of a home. Over the following months, the group will continue to review the WDO, perform community outreach, and host an open house before coming to the Planning Commission and Council with recommendations. Councilor Pugh asked whether the code will limit the types of trees allowed in the city. Economic & Development Services Director Hendryx explained that the group has not reviewed trees in general, only street trees. However, there is a regulation on significant trees, which include any tree as determined by its size. Mayor Figley thanked Economic & Development Services Director Hendryx for the work of staff and the committee members. 3115 CONSENT AGENDA. A) approve the Council minutes of October 12, 2009; B) accept the Community Services Department statistics for September 2009; and C) accept the Crime Statistics report for January 2009 through September 30, 2009. SCHMIDT/MCCALLUM... adopt the consent agenda as presented with the change in the crime statistics report. The motion passed unanimously. 3190 PUBLIC HEARING: PROPOSED WASTEWATER FACILITY PLAN AND RATE STUDY. Mayor Figley declared the public hearing open at 7:5$ p.m.. Randy Scott, Public Works Water Resources Division Manager, announced the project team and gave a brief presentation on the Proposed Wastewater Facilities Plan and Rate Study. Slides included pictorials of the existing water treatment plant facility located at 2015 Molalla Hwy, graphs, and charts. The Wastewater Facility Plan is a comprehensive Page 6 -Council Meeting Minutes, October 26, 2009 COUNCIL MEETING MINUTES October 2b, 2009 TAPE READING document that examines the entire wastewater collections, treatment, and disposal system. It identifies the current and future potential operation and performance issues, and projects future wastewater loads and evaluates and recommends alternatives for reliably meeting discharge permit requirements for the next twenty years. The Wastewater Facility Plan is needed for many reasons. The plan serves as an education and business plan for the public, decision makers, state and federal funding, and regulatory agencies; demonstrates how the proposed improvement alternatives are cost effective and environmentally sound for the collection, treatment and disposal of the city's wastewater; provides the cost of the required facility improvements, maintenance and operations; examines current user rates and system development charges for adequacy to fund the required operational, maintenance and growth related facility improvements; and develops a financial model which identifies when and the amount of revenue needed for the improvements scheduled during the next twenty year period. The current Wastewater Facilities Plan was completed in 1995 and was developed in a two phased approach. Phase one of the plan's improvements were completed and placed on line in 2001 for a cost of $38 million. Phase two, due to regulatory changes, increased flows and loads and required additional planning to meet the regulatory discharge limits. The current National Pollution Discharge Elimination (NPDES}permit was issued in 2004 with compliance limits for winter time ammonia and compliance schedule for excess thermal loading limit. Due to difficulty meeting regulatory limits and the compliance schedule, the City entered into a Mutual Agreement Order (MAO) with the Department of Environmental Quality (DEQ) in May 2007. The MAO relaxed the winter time ammonia limits and extended the compliance schedule for meeting excess thermal load limits. The MAO based the compliance schedule for winter time ammonia limits and excess thermal loading limits upon DEQ adoption of the Water Quality Management Plan (WQMP) for the Molalla-Pudding River Sub Basin, which was issued in December 2008. The approved WQMP develops more stringent limits for winter time ammonia and puts the compliance schedule in motion for excess thermal loading limits. The City must be in compliance by approximately 2013. Our current NPDES permit expires November 2009 with a renewal application submitted June 2009. The Wastewater Citizen Advisory Committee (WCAC), the consultant CH2M Hill, and City staff have been working on the plan since April of 2008. There have been two open houses, presentations with various service groups, and briefs to Council. On September 29, 2009, the WCAC voted unanimously to forward the Wastewater Facility Plan to Council for approval and adoption. The twenty year plan has a Capital Improvement expenditure of approximately $94 million, with approximately $50 million in Collection System Improvements, $28 million in Liquid Treatment System Improvements, and $16 million in Natural Treatment Systems Improvements. The Wastewater Facility Plan proposes a new ten acre wetland in an existing lagoon, an fourteen acre wetland in the floodplain area, thirty-eight acres of poplar units, and identifies fifty-one acres of additional property. One environmental Page 7 -Council Meeting Minutes, October 26, 2009 COUNCIL MEETING MINUTES October 26, 2009 TAPE READING issue of concern is the new outflow to the Pudding River. The Capital Plan mostly consists of capacity driven improvements, and includes the Brown Street area, the Front Street pipeline, the Young Street pipeline, the Mill Creek pump station and interceptor, the Progress Way pipeline, the West Hayes Street interceptor, the I-5 pump station and force main, and the Steven Street pump station. The Wastewater Facility Plan has projected the following system wide rate increases: l2% increase in fiscal year (FY} 201011 l; 9.5% increase from FY 201 1112 through FY 2014115; 0% change from FY 2015116 through FY 2016117; 3.5% increase from FY 2017118 through FY 2019120; and a 0-3.2% increase for subsequent years. The System Development Charge (SDC) consists of reimbursement SDC per Equivalent Dwelling Unit (EDU), the available capacity in the existing system, and Improvement SDC per EDU, the future capacity required in the system. The combined SDC per EDU calculates to $5,671. The City is also permitted to charge a compliance cost of $150 per EDU, to total $5,821. Estimated flow for nonresidential will be based on a gallons per day estimate. Councilor Lonergan questioned the larger difference between residential and commercial rate increases and asked whether a commercial comparison had been completed. Water Resources Division Manager Scott stated that residential use accounts for approximately 90% of the city's flow and commercial use accounts for approximately 7%. A service cost analysis comparison for BOD & TSS has not been completed. Councilor Lonergan asked if the City monitors the amount of wastewater generated from commercial and industrial properties. Water Resources Division Manager Scott stated that the City measures the amount of wastewater generated from monitored industrial properties. Councilor Lonergan inquired of the City's access to State Revolving funds. Water Resources Division Manager Scott explained that they City had to provide a twenty year plan to be eligible for State Revolving funds. The City has followed DEQ guidelines to ensure eligibility. Councilor Lonergan questioned the amount of pipes that are over fifty-five years old. Water Resources Division Manager Scott stated that the Capital Plan budgets the funds to replace all lines over seventy-five years old. Councilor Schmidt inquired of the rate structure and questioned why the rate increases were not more consistent. Water Resources Division Manager Scott explained that many of the improvements are up-front and the revenue needs to be collected within the first ten years of the plan. Many of the improvement from FY 2020 through FY 2030 are SDC oriented and capacity driven. 5114 Richard Jennings, Filbert Street, questioned how the public hearing notice was publicized and asked why multi-family dwellings pay less than single family dwellings. John Reinhardt, Chair of the WCAC, stated the committee was concerned about the payment plan for the project and explained how important it was to not front-load costs. Page 8 -Council Meeting Minutes, October 26, 2009 COUNCIL MEETING MINUTES October 26, 2009 TAPE RFAn1NG The proposed plan was created by citizens and unanimously brought to Council. Mayor Figley asked for the logic behind charging multi-family less than single-family. Water Resources Division Manager Scott explained that multi-family dwellings are billed at the same rate as single-family dwellings; however, rates also depend on usage. Duplexes, for example, would be charged as two units. Councilor Cox questioned whether costs could be reduced since some aspects of the plan have been changed in order to be eligible for grants. Water Resources Division Manager Scott stated that costs could be adjusted but reducing the costs may affect the interest rates on the loans. Councilor Schmidt stated that the public hearing notice was posted on October 14th in the legal section of the City website although there was no mention of the hearing on the first two pages of the Woodburn Independent. Councilor Lonergan agreed that more notice should be posted. Councilor Cox stated that there was a recent story in the newspaper on the potential increases but could not recall whether it stated a date for the hearing. Mr. Jennings stated that as member of Planning Commission, he was in process of providing Economic & Development Services Director Hendryx with a mailing list of all contacts for neighborhood watch, neighborhood association, and community clubs for additional notice. Councilor McCallum stated that staff should determine proper notice guidelines that go beyond legal notice requirements. The City needs to establish standards especially for something that involves a substantial amount of money. Closed 8:40 p.m.. 6428 COUNCIL BILL N0.2803 -RESOLUTION APPROVING THE FINAL DRAFT OF THE WASTEWATER FACILITIES PLAN AND RATE STUDY AND AUTHORIZING THE CITY ADMINISTRATOR TO SUBMIT IT TO THE OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY FOR FINAL REVIEW AND APPROVAL. Councilor McCallum introduced Council Bill No. 2803. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Cox stated that he is not happy about this plan but believes it is necessary. Councilor Lonergan agreed with Councilor Cox and questioned whether the recommended actions that were included in the staff report would be approved with the approval of Council Bill 2803. Water Resources Division Manager Scott stated that the recommended actions would be part of the plan. Councilor McCallum explained that this plan needs to be approved but hopes that there will be grants and lower interest rates to lessen the rates for the utility users. Page 9 -Council Meeting Minutes, October 26, 2009 COUNCIL MEETING MINUTES October 26, 2009 TAPE READING Mayor Figley expressed thanks to the committee members for their work on this plan. Councilor Schmidt agreed will the Councilors and Mayor. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2803 duly passed. 6827 TAXICAB REGULATIONS. Mayor Figley stated that the topic of taxicab regulations was on table for Council consideration. Councilor Cox feels the staff report took a negative tone but feels that the City should not back down from the issue. There should be some regulation of the taxicab industry especially since the high number of taxicabs within the city. Councilor Pugh explained that taxicab customers have an expectation that there is minimum level of insurance coverage and agrees that staff should pursue this issue. Councilor McCallum stated that he had talked to staff about this issue a few years ago and explained that the city had a medical transport service that was regulated by the State, although the taxicab was ill kept. Acting Chief Blevins stated that although there has been an increase in the number of taxicab drivers, the Police Department is unaware of any issues with public regarding a taxicab driver. Police cannot stop vehicle to verify possession of a business license but can visit their place of business, although this process would be timely and strain the department. Councilor McCallum stated that he had previously been concerned about the reorganization of Police Department and the reduction of Code Enforcement Officers, and now questions whether they will be able to keep up with the current call load. He agreed with the Councilors that staff should look into what can be done on this issue since the public is being transported by these unregulated companies. There was discussion amongst the Council in regards to providing a minimum level of regulation to the taxicab industry in the city. Acting Chief Blevins would like to provide options to Council as to what can be done. 8630 Mayor Figley expressed a consensus among the Council to explore this issue and have staff return to Council within the next several meetings to provide options. 8788 OREGON HWY. 214: FRONT STREET RAMP TO PROGRESS WAY SIDEWALK PROJECT. Assistant City Engineer Liljequist stated that ODOT had provided the City with an amendment to Agreement 23358 which will enable the City to receive up to $30,000.00 in additional funds for the construction of the Park Avenue /Highway 214 pedestrian activated signal and crosswalk, which has been added to this project and should be completed spring 2010. Page 10 -Council Meeting Minutes, October 26, 2009 COUNCIL MEETING MINUTES October 26, 2009 TAPE READING COX/SCHMIDT... authorize the City Administrator to sign Amendment #2 to Local Agency Agreement No. 23358 for the OR 214: Front Street Ramp l Progress Way Sidewalk Project. The motion passed unanimously. Councilor Schmidt thanked Richard Jennings for initiating the project. Tape 2 0100 MAYOR AND COUNCIL REPORTS. No comments from the Mayor or Council. 013 5 ADJOURNMENT. PUGH/MCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:08 p.m.. ,.,,._ .,,~ ~- ~~,.'"'A~ '~f ' d^~ APPROVE ~~ ~ ~ d ~ .~RYN FIGLEY~, MA 0 ~ ~' ~ ~~ ~.~ ATTEST f, Mary Te ' ant, Recorder City of Woodburn, Oregon Page 11-Council Meeting Minutes, October 26, 2009