01-11-2010 MinutesCOUNCIL MEETING MINUTES
January 11, 2010
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i-ooo~ DATE: COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, JANUARY 11, 2010.
CONVENED: The meeting convened at 7:00 p.m. with Mayor Figley presiding.
ROLL CALL:
Mayor Figley Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallum Present
Councilor Morris Present
Councilor Pugh Present
Councilor Schmidt Present
Staff Present: City Administrator Derickson, Assistant City Administrator Stevens, City
Attorney Shields, Police Chief Russell, Public Works Director Brown, Community
Services Director Row, Economic & Community Development Director Hendryx,
Recreation Services Manager Spence, Police Captain Garrett, Police Captain Alexander,
City Recorder Shearer.
i-ooso ANNOUNCEMENTS:
A) City Hall and the Library will be closed Monday, January 18t" for Martin Luther King
Jr. Day. The Aquatic Center will be open during normal business hours.
I-0066 APPOINTMENTS:
Mayor Figley made the following appointments and reappointments to City Boards and
Budget Committee:
Park Board:
Reappoint Joseph Nicoletti for a term expiring December 2013
Reappoint Rosetta Wangerin for a term expiring December 2013
Appoint Bruce Thomas for a term expiring December 2013
Appiont Zandi Cox for a term expiring December 2010
McCallum/Pugh... approve the appointments made by the Mayor. Motion passed
unanimously.
Library Board:
Reappoint Willis Grafe for a term expiring December 2013
Reappoint Nancy Kirksey for a term expirin December 2013
Appoint Kristen Berkey for a term expiring December 2010
Cox/Lonergan... approve the appointments made by the mayor. Motion passed
unanimously.
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Budget Committee:
Reappoint Eric Swenson
Reappoint Don Judson
Lonergan/McCallum... approve the appointments made by the Mayor. Motion passed
unanimously.
PROCLAMATIONS:
None
~-o22a PRESENTATIONS:
A) OACP presented medals to the Family of Captain Tom Tennant and to Police Chief
Scott Russell.
B) Chief Scott Russell awarded the Woodburn Police Department Medal of Honor to
Sergeant Nick Wilson, Sergeant John Mikkola, Detective Craig Halupowski, and
Detective Rick Puente for their distinguished service during the events of December
12, 2008.
C) Chief Scott Russell presented the Woodburn Public Works Department with the
Woodburn Police Department Public Service award for their efforts in the days and
weeks following December 12, 2008.
D) Recreation Services Manager Spence recognized Ray Herrera of Viesko Quality
Concrete for his creative Santa transport projects.
~-o~s9 COMMITTEE REPORTS:
A) Chamber of Commerce -Don Judson, Executive Director updated the Council on
Chamber tourism promotion activities and upcoming events.
B) Woodburn School District -Superintendent Walt Blomberg updated the Council on
the flourishing International Baccalaureate and Advanced Placement programs in the
Woodburn School District.
1-lbl9 BUSINESS FROM THE PUBLIC:
A) Woodburn Art Center will be hosting a Rock & Roll art show January 15-February
28.
i-ibsz CONSENT AGENDA:
A) approve the Council minutes of December 14, 2009; and
B) approve the Council Executive Session minutes of December 14, 2009; and
C) approve the Planning Commission minutes of October 22, 2009; and
D) approve the Planning Commission minutes of November 5, 2009; and
E) approve the Planning Commission minutes of November 19, 2009; and
F) accept the Crime statistics for November 2009.
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McCallum/Pugh ...adopt the Consent Agenda as presented. The motion passed
unanimously.
1-ISSO PUBLIC HEARING - TYPE V LEGISLATIVE AMENDMENT -DOWNTOWN
DEVELOPMENT PLAN UPDATE (LA 2009-01)
Mayor Figley declared the hearing open at 7:30 pm for the purpose of hearing public
input on proposed updates to the Downtown Development Plan. Economic &
Community Development Director Hendryx made a presentation summarizing the history
of the Downtown Development Plan and recent efforts to modify the plan by the Planning
Commission. He summarized the changes made to the plan leading to tonight's hearing.
Director Hendryx also requested an amendment to correct a conflict in the text of the plan
and the text of the ordinance. Councilors Morris and Cox clarified with Director
Hendryx that the plan and the ordinance should reflect the Planning Commission's
recommendation of 40 and 50 foot height limits in the Downtown Development
Conservation (DDC) district.
Council members asked staff about parking provisions, conformance of existing
downtown businesses, street widths, and height restrictions. Director Hendryx clarified
that parking is required to be addressed with each development application, that no
downtown businesses would be made no-conforming by this plan, that the need for
variances addressing the narrow downtown streets would be sharply reduced, and
answered questions regarding the height limits in the plan and stated that all of the limits
could be modified through the conditional use process.
Mayor Figley invited the proponents of the Downtown Development Plan Update to
address Council. Ellen Bandelow, Chair of the Planning Commission spoke in favor of
the plan and the efforts of the Planning Commission to modify the Downtown
Development Plan to accommodate both commercial and residential development and to
provide for opportunities for developers to bring ideas to the City.
Richard Jennings, of 595 Filbert, Woodburn, and Planning Commissioner spoke in favor
of adopting the Downtown Development Plan. Mr. Jennings stated that when the
Planning Commission began with the modifications to the plan there were many
differences of opinion but by the end of the process everyone was on the same page. He
believes that this was the best plan the Commission was capable of providing and
believes the compromises included serve the best interests of the City and the Downtown
residents.
Don Judson, Executive Director of the Woodburn Chamber of Commerce stated that the
Woodburn Chamber of Commerce supports the Downtown Development Plan. He
applauds the flexibility in the plan. He also spoke of the efforts of the Woodburn
Downtown Association to reduce crime in the downtown area.
Mayor Figley invited the opponents of the Downtown Development Plan Update to
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address Council. Durrell Crays of 167 N. Settlemeir, Woodburn, Chairman of the
Historic Woodburn Neighborhood Association submitted a statement signed by 16
residents objecting to zoning changes intended to increase population density and
building heights of greater than 40 feet. He further stated that the Historic Woodburn
Neighborhoods Association supports the revitalization of downtown businesses and
supports the Downtown Development Plan with one major reservation, which is the
height standard.
Richard Lowry of 479 5`" St, Woodburn spoke of the original revision to the plan and
Council's decision to send it back to the Planning Commission for additional revision and
public input. Mr. Lowry asserted that there was not community outreach beyond the
public hearing. Mr. Lowry requests that the height limits be lowered to 40 feet.
Dagmar Kinne of 586 Grant St., Woodburn submitted a white paper discussing the
impact of train noise and vibration on the Downtown residential areas.
Juan Hernandez of 475 Front St, Woodburn expressed concern about traffic and
pedestrian safety under the plan.
Bruce Thomas of 130 W Cleveland St, Woodburn discussed the stakeholder committee
involvement with the development and modification of the Downtown Development
Plan.
z-o6~o The Public Hearing was closed at 8:50 pm.
Council discussed the testimony received and asked further clarifying questions of staff
resulting in the following motions:
z-3aoo Cox/Pugh... to amend the Downtown Development Plan by modifying page 70 of the
Downtown Development Plan (page 156 in the Agenda Packet) under CG Commercial
General-New Gateway Subdistrict, Additional Key Elements to read "Building height
limit transitioning from 40 feet adjacent to residentially zoned properties to 50 feet next
to the railroad tracks." and on the same page under DDC Downtown Development and
Conservation Zone, modify under Key Elements to read "Building height limit of 40
feet." and instruct staff to make any other plan revisions to be consistent with this change.
Amendment passed unanimously.
2-3600 Cox/McCallum... adopt the Downtown Development Plan as amended and modified by
staff per Council direction above. Motion passed unanimously.
Council recessed at 9:25 and reconvened at 9:30.
2-3aoo PUBLIC HEARING - TYPE V LEGISLATIVE AMENDMENT - LA 2009-02
ALLOWING SIGNS IN THE PUBLIC RIGHT OF WAY IN THE RETIREMENT
COMMUNITY SINGLE-FAMILY RESIDENTIAL (R1S) ZONE
Mayor Figley declared the hearing open at 9:35pm for the purpose of hearing public input
on proposed changes to sign regulations in the Retirement Community Single Family
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Residential Zone (R1S). Economic and Community Development Director Hendryx gave
a presentation covering the history of the proposed amendment regarding signs in the
Retirement Community Single-Family Residential zone. Council discussed the history of
the sign code and activities of the Planning Commission and Sign Focus group leading to
this amendment. Director Hendryx stated that the Planning Commission recommended
denial of this amendment.
Mayor Figley invited proponents and opponents of the amendment to address Council.
Richard Siewert of Estates Realty at 2265 Country Club Rd, Woodburn spoke in favor of
the amendment stating that the additional visibility and accessibility would help home
sellers in the area. Dave Christoff of 671 Ironwood Terrace, Woodburn requested that the
sign rules and ordinances be consistent citywide rather than area specific and is in favor
of uniform enforcement of the sign code. Richard Jennings of 595 Filbert, Woodburn
spoke in opposition of the amendment, citing reservations about making changes to the
sign code applicable to one area of the city instead of citywide. Jean Kemp spoke in
favor of the amendment.
The Public Hearing was closed at 10:15pm.
Council discussed the testimony received and asked further clarifying questions of staff
resulting in the following motions:
Pugh/Schmidt...adopt the legislative amendment. Motion failed on roll call vote with
Councilors Pugh, Schmidt, and Cox voting aye, Councilors Lonergan, McCallum, and
Morris voting nay; Mayor Figley voted nay. Mayor Figley stated for the record that she
may support this concept applied on a uniform, consistent citywide basis, but would not
for a specific neighborhood.
McCallum/Cox... return the amendment to the Sign Ordinance Focus Group for further
review. Motion passed unanimously.
3-i~s~ PUBLIC HEARING -FINAL ASSESSMENT HEARING -IRONWOOD STREET
TREE REPLACEMENT AND SIDEWALK REPAIR LOCAL IMPROVEMENT
DISTRICT
Councilor McCallum declared a conflict of interest and refrained from participation in
Council discussion. Mayor Figley declared the hearing open at 10:38 pm for the purpose
of hearing public input on the proposed final assessment for the Ironwood Local
Improvement District. Council received a copy of a letter submitted by Richard Baxley
of 2562 Edgewater Dr and it was entered into the record. No one requested an
opportunity to speak to Council on this issue.
The Public Hearing was closed at 10:40 pm.
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3-zooo COUNCIL BILL N0.2807 - AN ORDINANCE LEVYING ASSESSMENTS FOR
THE IRONWOOD NEIGHBORHOOD LOCAL IMPROVEMENT DISTRICT TO
REPLACE STREET TREES AND REPAIR SIDEWALKS
Councilor Lonergan introduced Council Bill 2807. Recorder Shearer read the two
readings of the bill by title only since there were no objections from the Council.
Councilor McCallum did not participate in the vote of this bill due to a declared conflict
of interest. On roll call vote for final passage, the bill passed unanimously (excluding
Councilor McCallum). Mayor Figley declared Council Bill No. 2807 duly passed.
3-z~so COUNCIL BILL N0.2808 - A RESOLUTION TO AMEND THE CLEAN
WATER STATE REVOLVING FUND LOAN AGREEMENT NO. R98414 WITH
THE STATE OF OREGON AND AUTHORIZING THE CITY
ADMINISTRATOR TO SIGN SUCH AGREEMENT
Councilor McCallum introduced Council Bill 2808. Recorder Shearer read the bill by
title only since there were no objections from the Council. City Administrator Derickson
reminded Council for the record that repayment of this loan is contingent upon future
utility rate increases. On roll call vote for final passage, the bill passed unanimously.
Mayor Figley declared Council Bill No. 2808 duly passed.
3-zzio LIQUOR LICENSE CHANGE OF OWNERSHIP FULL ON-PREMISES SALES
Lonergan/McCallum... the Woodburn City Council recommends that the Oregon
Liquor Control Commission approve a Change of Ownership application for The End
Zone. Motion passed unanimously.
3-2276 CITY ADMINISTRATOR'S REPORT:
A) Digital recording equipment will soon be installed in Council chambers which will
enable the audio record of Council meetings to be accessed via the Internet.
MAYOR AND COUNCIL REPORTS:
Councilor McCallum announced that the kick off meeting for the 2010 Relay for Life will
be 6:30pm January 21, 2010 at Wellspring. Councilor Cox stated that he will be absent
for the March and April meetings.
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ADJOURNMENT:
Lonergan/Morris...meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 10:50 p.m.
ATTEST
Christina M. e er, Recorder
City of Woodburn, Oregon
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