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09-13-2010 Minutes • COUNCIL MEETING MINUTES September 13, 2010 HR:MN 0:00 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 13, 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 Absent 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, Economic & Community Development Director Hendryx, Community Services Director Row, Finance Director Palacios, Police Captain Garrett, City Recorder Shearer. 0:0! APPOINTMENTS Lonergan/Pugh... approve the appointment of Sharon Corning to the Planning Commission made by the Mayor. The motion passed unanimously. 0:02 PRESENTATIONS A. Community Services Director Row provided a presentation on the 2010 Fiesta Mexicana. Council commended staff for their efforts in organizing the Fiesta. Miguel Salinas of 20765 Willamette Drive, West Linn had concerns regarding the translation services provided at the meeting. He also provided some historical context regarding the Fiesta. Kevin Renner of 1061 Park Ave Woodburn commented on the goal of maintaining a positive revenue balance for the event and hopes that future events will generate even more positive revenue. Leah Salinas of 20765 Willamette Drive, West Linn also provided history on the Fiesta. Jill Odell of 16935 NW Shadow Hills Ln, Beaverton is an attorney retained by supporters of the Latin America Club and the Fiesta to help get the club reorganized under new leadership and resume responsibility for Fiesta organization. 0:38 REPORTS A. Chamber of Commerce — Don Judson, Executive Director of the Woodburn Area Chamber of Commerce provided an update on upcoming Chamber events. He also discussed the upcoming Main Street Program training and Woodburn Interchange meetings. Leadership Woodburn begins in October. Page 1 - Council Meeting Minutes, September i3, 2010 COUNCIL MEETING MINUTES September 13, 2010 HR:MN 0:45 CONSENT AGENDA A. approve the Woodburn City Council minutes of August 9, 2010, B. approve the Woodburn Planning Commission minutes of June 24, 2009, C. approve the Woodburn Planning Commission minutes of July 22, 2009, D. accept the Crime Statistics report through August 2010, E. recommend that the OLCC approve a Change of Ownership application for Woodburn Grocery Outlet; and F. schedule the annual evaluation of the City Attorney for September 27, 2010. Pugh /Cox... adopt the Consent Agenda. The motion passed unanimously. 0:47 PUBLIC HEARING — ZONE CHANGE 2010 -01: NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT (NCOD) Mayor Figley opened the public hearing at 9:47 PM. Mayor Figley declared a potential conflict of interest due to her ownership of property within the proposed expansion; however, she noted that she is not likely to vote on the issue. Councilor Lonergan also expressed a potential conflict of interest due to his ownership of property with in the exiting district. He stated his intention to vote on the issue unless Council expressed their desire for him to abstain. No objections were raised to his participation. Jim Hendryx, Economic and Development Services Director provided a staff report on the proposed zoning map change. Councilor Lonergan questioned whether the committee looked at further expansion beyond the railroad tracks; Director Hendryx replied that the committee did not look beyond the proposed expansion area. Councilors Pugh and Schmidt had questions regarding the restrictions of the overlay. Director Hendryx clarified that there were no new restrictions associated with this action — it simply expands the area of existing standards. He also clarified that the standards are only triggered by actions requiring a building permit. Council also discussed the practice of scheduling a hearing and bringing the resultant enacting legislation back to a subsequent meeting. 1:14 Mayor Figley invited those members of the audience who wish to speak in favor of the proposed change to address Council. Durrell Crays of 167 N Settlemeir, Woodburn spoke in favor of the NCOD expansion and clarified that it does not change the standards, just expands the applicability of existing standards. He stated that 87% of the residents impacted by the expansion support it, as evidenced by signatures on the petition supporting the expansion. 1:17 Mayor Figley invited those members of the audience who wish to speak in opposition of the proposed change to address Council. Kevin Renner of 1061 Park Avenue questioned where would the expansion end. Page 2 - Council Meeting Minutes, September 13, 2010 COUNCIL MEETING MINUTES September 13, 2010 HR:MN Pugh/Lonergan... uphold the planning commission recommendation and direct staff to return with an ordinance enacting the recommendation. Councilor Schmidt stated that he is opposed to the extent of the expansion and prefers a smaller expansion. The motion passed 5 -1 with Councilor Schmidt voting no. i: AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE WOODBURN CHAMBER OF COMMERCE TO CONDUCT THE FIESTA MEXICANA City Administrator Derickson provided a staff report on the background leading to this proposed agreement. Councilor Morris asked what the cost of a special use permit would be for this event. Director Row estimated that the cost would be approximately $14,000. Administrator Derickson clarified that the proposed fee waiver would have been offered to any feasible partner for this event, not just the Chamber. Councilor Cox stated that while he's supportive of citizen efforts to reconstitute the Latin American club and wants those community members to be involved in the Fiesta, he feels that time constraints dictate that the Chamber act as the primary organizer for next year. Councilor Pugh would like the Fiesta to be an inclusive community event and he feels the Chamber is the ideal organizer to accomplish that. Cindy Ledesma of the Woodburn Chamber of Commerce Board of Directors spoke of the Chamber's commitment to the Fiesta Mexicana. Ferrin Taylor, President -Elect of the Chamber Board of Directors, also spoke in favor of the Chamber commitment to conduct the Fiesta Mexicana and spoke of welcoming anyone who wished to participate and assist in creating a positive, family friendly event. Eddie Alonso of 28900 SW Villebois North #410, Wilsonville, manager of the 3 Spanish language radio stations in Woodburn, spoke of how teamwork in producing an event like the Fiesta can foster integration and inclusiveness. Maria Gonzales- Garcia of 740 Maplewood Ct, Woodburn, talked about her long family history with Woodburn and the Fiesta. Though she is appreciative of the City's support of the Fiesta last year, she felt some changes were necessary and would like to see the Latin America Club be reorganized and given the opportunity to resume responsibility for the Fiesta. Rosemary Ramirez of 3691 Casteel St, Hubbard, is a member of the Latin America Club and would like to see the Fiesta returned to the restructured club. Flavio Urvina 2270 SE Stevenson, Salem, stated he was one of founding organizers of the Fiesta, when the Fiesta was a completely volunteer effort. He believes it should be run by Mexican people. Miguel Salinas of 20765 Willamette Dr, West Linn, spoke of the Fiesta's history and his desire for a more bilingual Council and City Staff. Mariano Vega of 7986 Clear Lake Ct, Keizer, is a former member of the Latin America Club and also spoke of the history of the Fiesta and would like to ensure that cultural history and heritage of the Fiesta is honored and wants the Hispanic community to be responsible for the Fiesta. Ken Hector, current President of the Woodburn Chamber of Commerce, spoke of the feeling of ownership of the event. He spoke of being a steward, not an owner of the event. He feels that this is a Page 3 - Council Meeting Minutes, September 13, 2010 COUNCIL MEETING MINUTES September 13, 2010 HR:MN Woodburn community event and points to the necessity for all community members to work together to make a successful event that respects the heritage of the event. Councilor Pugh stated that he agreed wholeheartedly with Mr. Hector's comments. Councilor Morris had concerns regarding the cost to the taxpayer for the City's involvement in the Fiesta for the duration of the agreement. Councilor Lonergan was impressed with how this has come together and is supportive of the proposed agreement. Councilor Cox is in favor of the agreement but is concerned about the potential for a turf battle and reiterated that this should be a community event and not the domain of any particular group. Councilor Schmidt would also like the City disengage its participation in Fiesta organization activities and is supportive of the Chamber taking over in the immediate future but would like the Latin America Club to eventually take over. Cox/Pugh... approve the proposed three year agreement with the Woodburn Area Chamber of Commerce authorizing the Chamber to assume the role of Fiesta Mexican Lead Sponsor. The motion passed 4 -1 with Councilor Morris voting no. 2:16 AWARD OF CONSTRUCTION CONTRACT FOR ALEXANDRA AVENUE STREET IMPROVEMENTS Lonergan /Cox... acting as Local Contract Review Board, award a construction contract for the Alexandra Street improvements to Gelco Construction Co. in the amount of $125,376.20. Councilor Schmidt had a question regarding the selection of this project over other necessary street repairs. Public Works Director Brown indicated that it is due to the Oregon Military Departments participation in the project that accelerated the scheduling of this project. The motion passed unanimously. 2:20 AWARD OF CONSTRUCTION CONTRACT FOR WATER MAIN EXTENSION FROM EVERGREEN ROAD TO PARR ROAD Cox/Pugh... acting as Local Contract Review Board, award a construction contract for the Water Main Extension from Evergreen Road to Parr Road to Canby Excavating, Inc.in the amount of $406,160. The motion passed unanimously. 2:21 ACCEPTANCE OF PUBLIC UTILITY EASEMENT ON 1490 BROWN STREET (TAX LOT 051W18C00600) Cox/Lonergan... accept a twenty (20) foot Public Utility Easement granted by HBUF, LLC, property owners of 1490 Brown Street in Woodburn, Oregon (Tax Lot 051W18C00600). The motion passed unanimously. 2:21 ACCEPTANCE OF PUBLIC UTILITY EASEMENT ON 1636 STREET (TAX LOT 051W19B00200) Lonergan /Schmidt... accept a twenty (20) foot Public Utility Easement granted by MSRH, LLC, property owners of 1636 Brown Street in Woodburn, Oregon (Tax Lot 051W19B00200). The motion passed unanimously. Page 4 - Council Meeting Minutes, September 13, 2010 COUNCIL MEETING MINUTES September 13, 2010 HR:MN 2:23 ACCEPTANCE OF A PUBLIC RIGHT -OF -WAY DEDICATION ALONG THE FRONTAGE OF 2401 N BOONES FERRY ROAD (TAX LOT 051 W07BA01100) Lonergan/Pugh... accept a seven foot Public Right -of -Way dedication granted by Qwest Corporation, property owners of 2401 N Boones Ferry Road in Woodburn, Oregon (Tax Lot 051 W07BA01100). The motion passed unanimously. 2:25 MARION COUNTY ZONE CHANGE /COMPREHENSIVE PLAN AMENDMENT /CONDITIONAL USE CASE 09- 012/WURDINGER Cox/Pugh... authorize the Mayor and City Staff to testify at the September 22, 2010 public hearing before the Marion County Board of Commissioners in opposition to Zone Change /Comprehensive Plan Amendment/Conditional Use Case 09- 012/Wurdinger and to further testify or provide additional information at any subsequent meeting or time. The motion passed unanimously. 2:29 AUDIT SERVICES CONTRACT Pugh/Morris... authorize the City Administrator to enter into a contract for audit services with Grove, Mueller, and Swank, P.C. to conduct the City's financial statement audit for Fiscal years 2009 -010 and 2010 -2011. The motion passed unanimously. 2:32 CITY ADMINISTRATOR'S REPORT A. Sign ordinance notices process update. Director Hendryx talked about the statutorily required notices and the confusion that has been caused by required language. 2:38 MAYOR AND COUNCIL REPORTS • Councilor Pugh commended the Police Chief for creative problem solving. • Mayor Figley enjoyed the improvements to Locomotive Park. Centennial Park is also looking good. 2:40 ADJOURNMENT Lonergan/Pugh...meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:40 p.m. APPROVED frilid b .L • THR FIG lip. MAY • 11 !' ATTEST . ��, Christina M. She. f ecorder City of Woodburn, Oregon Page 5 - Council Meeting Minutes, September 13, 2010