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7-9-12 Agenda CW KF,M ATHRYN IGLEY AYOR ITY OF OODBURN DP,CW1 ICK UGH OUNCILOR ARD J.MS,CWII EL CHMIDT OUNCILOR ARD CCA PMC,CWIII ETER CALLUM OUNCILOR ARD ITYOUNCILGENDA JC,CWIV AMES OX OUNCILOR ARD FL,CWV RANK ONERGAN OUNCILOR ARD J9,2012–7:00.. ULY PM EM,CWVI RIC ORRIS OUNCILOR ARD CHCC–270MS ITY ALL OUNCIL HAMBERS ONTGOMERY TREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. Appointments: None. 4. COMMUNITY/GOVERNMENT ORGANIZATIONS A. Chamber of Commerce B. Woodburn School District 5. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. 6. COMMUNICATIONS None. – This allows the public to introduce items for 7. BUSINESS FROM THE PUBLIC Council consideration not already scheduled on the agenda. **Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo. Comuníquese al (503) 980-2485.** July 9, 2012 Council Agenda Page i – Items listed on the consent agenda are considered 8. CONSENT AGENDA routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of May 14, 2012 1 Recommended Action: Approve the minutes. B. Woodburn City Council minutes of June 11, 2012 4 Recommended Action: Approve the minutes. C. Woodburn City Council minutes of June 25, 2012 8 Recommended Action: Approve the minutes. D. Woodburn Planning Commission minutes of June 14, 2012 14 Recommended Action: Accept the minutes. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A. Comprehensive Plan Map Amendment 2012-01, Zone Change 18 2012-01 and Conditional Use 2012-01 for property located at 2285 and 2333 N. Pacific Highway B. Comprehensive Plan Map Amendment 2012-02 and Legislative 56 Amendment 2012-01, the Highway 99E Corridor Plan – Members of the public wishing to comment on items of 11. GENERAL BUSINESS general business must complete and submit a speaker’s card to the City Recorder prior to commencing this portion of the Council’s agenda. Comment time may be limited by Mayoral prerogative. None. – These 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS are Planning Commission or Administrative Land Use actions that may be called up by the City Council. None. 13. CITY ADMINISTRATOR’S REPORT July 9, 2012 Council Agenda Page ii 14. MAYOR AND COUNCIL REPORTS 15. EXECUTIVE SESSION To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(2)(d). 16. ADJOURNMENT July 9, 2012 Council Agenda Page iii COUNCIL MEETING MINUTES MAY 14, 2012 DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY 0:00 OF MARION, STATE OF OREGON, MAY 14, 2012. CONVENED The meeting convened at 7:02 p.m.with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Absent Councilor Lonergan Present Councilor McCallum Absent Councilor Morris Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Public Works Director Brown, Economic & Community Development Director Hendryx, Community Services Director Row,Police Captain Garrett, Human Resources Director Hereford, Community Relations Officer Stowers, RecorderShearer. ANNOUNCEMENTS 0:01 A.City Hall and the Library will be Closed Monday, May 28th in observance of Memorial Day. The Aquatic Center will be open regular business hours. th B.The City Council Meeting scheduled to be held May 28has been cancelled in observance of Memorial Day. APPOINTMENTS 0:01 Pugh/Lonergan … approve the Mayor’s appointment of Ardis Knauf to the Woodburn Recreation and Parks Board. Motion passed unanimously. COMMUNITY/GOVERNMENT REPORTS 0:02 A. Woodburn Chamber of Commerce – Richard Jennings, Chamber Treasurer, provided an update on Chamber events. B.Woodburn School District – Superintendent Bautista provided an update on the fire at the high school and the upcoming graduation ceremony. Councilor Morris also provided an update on the fire at the high school. He assured people who may have lost items in the fire that insurance would cover the loss. He said that donations have been coming in to help with afterschool activities and wanted to let the community know that the school appreciates the support. PROCLAMATION 0:15 Police Memorial Week Page 1 - Council Meeting Minutes, May14, 2012 COUNCIL MEETING MINUTES MAY 14, 2012 PRESENTATION 0:18 Woodburn Ambulance - Sean Baird of Woodburn Ambulance gave a presentation on the Resuscitation Outcomes Consortium and the HypoResus Trauma Study. Willamette Valley COG -Nancy Boyer, with Willamette Valley Council of Governments, gave a presentation on what COG does and provided the Council with information collected in their 2011 annual report. CONSENT AGENDA 0:52 A.Approve Woodburn City Council minutes of April 9, 2012, B.Accept Woodburn Planning Commission minutes of March 22, 2012, C.Accept Woodburn Planning Commission minutes of April 12, 2012, D.Accept Woodburn Public Library minutes of April 11, 2012, E.Accept Woodburn Recreation and Park Board minutes of April 10, 2012, F.Recommend approval of a Liquor License application for Senior Estates Golf and Country Club, G.Recommend approval of a Liquor License application for Carniceria El Ranchito LLC, H.Recommend approval of a Liquor License application for Project PDX LLC. Schmidt/Lonergan … approve the consent agenda as presented. Motion passed unanimously. CONSTRUCTION CONTRACT FOR FY 2011-2012 MISCELLANEOUS STREET 0:53 RESURFACING PROJECT Lonergan/Pugh …... acting as the Local Contract Review Board, award a construction contractfor the 2011-12 Miscellaneous Street Resurfacing Project to CPM Development Corporation (dba Salem Road & Driveway) in the amount of $153,097.12. Motion passed unanimously. NEW OUTLET –FULL ON-PREMISE SALES 0:54 Pugh/Schmidt… recommendthat the OLCC deny the New Outlet- Full On-Premise Sales application for Monte Carlo Sports Bar LLC. Motion passed unanimously. CITY ADMINISTRATOR’S REPORT 0:56 Thanked City staff that assisted the school district with the fire at the high school. MAYOR AND COUNCIL REPORTS 0:57 Mayor Figley expressed her appreciation to Public Works, the Police Department,city staff that helped with the fire at the high school, and also thanked the Woodburn Fire District and other agency’s that helped. Councilor Lonergan and Schmidt concurred with Mayor Figley. Councilor Morris thanked Public Works, the Police Department, City staff, the Fire Department, the Red Cross, school staff, Woodburn Proud for their help during the fire at the high school. He also thanked the students for their orderly evacuation. Page 2 - Council Meeting Minutes, May14, 2012 COUNCIL MEETING MINUTES MAY 14, 2012 ADJOURNMENT 1:02 Lonergan/Morris ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:05 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST ChristinaM.Shearer, Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, May14, 2012 COUNCIL MEETING MINUTES JUNE 11, 2012 DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY 0:00 OF MARION, STATE OF OREGON, JUNE 11, 2012. CONVENED The meeting convened at 7:02 p.m.with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Absent Councilor Lonergan Present Councilor McCallum Present Councilor Morris Present Councilor Pugh Absent Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Public Works Director Brown, Economic & Community Development Director Hendryx, Community Services Director Row,Police Chief Russell,Police Captain Alexander,Police Captain Garrett, Acting Finance DirectorShearer,Assistant Recorder Pierson. APPOINTMENTS 0:01 Lonergan /McCallum … approve the Mayor’s appointment of Fabiola Gavina-Zavala to the Woodburn Library Board. Motion passed unanimously. COMMUNITY/GOVERNMENT REPORTS 0:02 A. Woodburn Chamber of Commerce – Don Judson, Chamber Executive Director, provided the Chambers semi-annual report on tourism. Kelly Lemmings, Woodburn Area Tourism coordinator, gave a brief overview of last year’s accomplishments and what they will be doing next year. B.Woodburn School District – Superintendent Bautista provided an update on School District accomplishments, showcasing the Academy of International studies graduates and highlighting the partnerships the schools have with differentuniversitiesacross Oregon. C.Woodburn Downtown Association – Nicki Debuse, with the Woodburn Downtown Association spoke about events scheduled to take place in the Plaza. PRESENTATION 0:21 Boys and Girls Club- Director Row gave an overview of the Boys and Girls Club. Tim Sinatra, Director of the Boys and Girls Club and Allison Weaver, Director of the Teen Program, provided the Boys and Girls Club annual report. CONSENT AGENDA 0:41 A.Accept Woodburn Recreation and Park Board minutes of May 8, 2012, B.Consent to the City Administrators’ removal of the Finance Director. Page 1 - Council Meeting Minutes, June 11, 2012 COUNCIL MEETING MINUTES JUNE 11, 2012 McCallum /Lonergan … approve the consent agenda as presented. Motion passed unanimously. PUBLIC HEARING 0:42 A. A Public Hearing to Consider the City’s Election and Qualification to Receive the State Shared Revenue.Mayor Figley declared the hearing open at 7:44 pm for the purpose of hearing public input on the City’s election to receive State Shared Revenue. City Administrator Derickson provided a staff report on the proposal. No members of the public wished to speak in either support or opposition of the acceptance of State Shared Revenue. Mayor Figley declared the hearing closed at 7:45 pm. B.A Public Hearing to Consider the City of Woodburn’s 2012-13 Budget.Mayor Figley declared the hearing open at 7:45 pm for the purpose of hearing public input on the City’s 2012-13 Budget.City Administrator Derickson provided a staff report. No members of the public wished to speak in either support or opposition of the acceptance of the 2012-13 Budget. Mayor Figley declared the hearing closed at 7:49 pm. COUNCIL BILL NO. 2890 - A RESOLUTION DECLARING THE CITY OF 0:48 WOODBURN’S ELECTION TO RECEIVE STATE REVENUE SHARING McCallum introduced Council Bill No. 2890. Recorder Shearer read the bill 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. 2890 duly passed. COUNCIL BILL NO.2891 - A RESOLUTION CERTIFYING SERVICES FOR 0:48 STATE REVENUE SHARING McCallum introduced Council Bill No 2891. Recorder Shearer read the bill 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. 2891 duly passed. COUNCIL BILL NO. 2892 -A RESOLUTION ADOPTING THE BUDGET AND CIP, 0:49 MAKING APPROPRIATIONS, AND DECLARING AND CATEGORIZING TAXES FOR FISCAL YEAR 2012-13 McCallum introduced Council Bill No 2892. Recorder Shearer read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed 3-1, with Councilor Schmidt voting no. Mayor Figley declared Council Bill No. 2892 duly passed. AWARD OF CONSTRUCTION CONTRACT FOR WATERLINE EXTENSION AT 0:50 OR HWY 214 AND FRONT STREET RAMP Lonergan/McCallum …acting as the Local Contract Review Board, award a construction contract for the Hwy 214 – Front Street Ramp Waterline Extension Project to Kerr Contractors Oregon, Inc. in the amount of $199,873.00. Motion passed unanimously. Page 2 - Council Meeting Minutes, June 11, 2012 COUNCIL MEETING MINUTES JUNE 11, 2012 AWARD OF CONSTRUCTION CONTRACT FOR THE NORTH FRONT STREET 0:51 INTERIM PAVEMENT IMPROVEMENTS Lonergan/McCallum … acting as the Local Contract Review Board, award a construction contract for theNorth Front Street Interim Pavement Improvements Project to North Santiam Paving Co. for the amount of $258,915.00. Councilor Lonerganasked what the impact will be to businesses during this time. Director Brown answered that the construction should only last between 2-3 weeks with one travel lane remaining open. Motion passed unanimously. TEEN CENTER AGREEMENT 0:54 Longergan/Morris …authorize the City Administrator to enter into a management agreement with the Boys and Girls Club of Salem, Marion and Polk Counties. Motion passed unanimously. INTERCHANGE AESTHETIC ADVISORY COMMITTEE RECOMMENDATION 0:54 FOR COUNCIL APPROVAL Alan Fox from ODOT gave an overview of the design recommendations presented by the Interchange Aesthetic Advisory Committee. Interchange Aesthetic Advisory Committee members: Ruby Wolfer, Charlie Piper, John Reinhardt, Durell Crayes, Matt Gwynn, and Leo Hillyar each spoke about their experience working on this project. Councilor Morris stated that he thought the costfor the maintenance of landscapingseemed like a lot of money. Dan Brown answered that they researched what maintenance was going to run because they felt the committee would need this information, and after doing comparables with other municipalities, that was the dollar amount they estimated it to be. Councilor McCallum added that they need to have an understanding of exactly what is going to occur. Councilor Schmidt asked what other interstates in the state of Oregon cost this much to maintain andthat he has a hard time understanding why, when we are laying off people and cutting budgets. He doesn’t see any way that he can support spending $60,000 on a project like that. City Administrator Derickson wanted to clarify that what they are asking Council to do tonight is approve the design package and the IGA that will specify the maintenance commitments will come at a later date. Alan Fox confirmed that is the case. Councilor Morris asked if the committee talked about the landscaping. Alan Fox stated they talked about it a lot. Charlie Piper answered that the WDO requires certain landscaping when new buildings go in and when you look at this project in total and you look at what new businesses are required to do, shouldn’t the City step up and do the same thing? Councilor Morris stated that when he asked the question he wanted to make sure the committee reviewed the landscaping and that they were okay with it.Durell Crayes stated that the consensus of the committee was that it was a great design and would be an icon for Woodburn. Leo Hillyer commented that it needs to be beautiful, it needs to be us, it needs to be Woodburn, it needs to be Woodburn pride. Councilor McCallum stated that they appreciate the input that has been given. Councilor Schmidt stated that he can’t see how he can ever vote to obligate the citizens of Woodburn to $60,000 a year to maintain this thing. Mayor Figley stated she respectively disagrees with Councilor Schmidt. Councilor Page 3 - Council Meeting Minutes, June 11, 2012 COUNCIL MEETING MINUTES JUNE 11, 2012 McCallum stated that he thought citizens were excited about the project and that the committee did a fantastic job. Councilor Lonergan thanked the committee. Lonergan/McCallum …authorize the City Administrator to enter into an Intergovernmental Agreement with the Oregon Department of Transportation (ODOT) to incorporate the aesthetic features into the Interchange Improvement project design documents. On roll call vote for final passage, the bill passed 3-1, with Councilor Schmidt voting no. ACCEPTANCE OF A PUBLIC UTILITY EASEMENT IN THE NUEVO 1:41 AMANECER PHASE 4 DEVELOPMENT AT 1300 NORTH SECOND STREET, WOODBURN, OR 97071 (TAX LOT 051W07DA00800) Lonergan/Morris… accept public utility easement in the Nuevo Amanecer phase 4 development at 1300 North Second Street, Woodburn, OR 97071 (Tax Lot 051W07DA00800). The motion passed unanimously. CITY ADMINISTRATOR’S REPORT 1:42 The City Administrator had nothing to report. MAYOR AND COUNCIL REPORTS 1:42 Councilor McCallum reminded people that the Wooburn Relay for Life is June 22 & 23. Councilor Schmidt invited everyone to come out to the Relay for Life. Councilor Morris announced that the Woodburn School district Budget meetingwill be Friday. ADJOURNMENT 1:44 McCallum/Lonergan ...meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:44 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson,Assistant CityRecorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, June 11, 2012 COUNCIL MEETING MINUTES JUNE 25, 2012 DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY 0:00 OF MARION, STATE OF OREGON, JUNE 25, 2012. CONVENED The meeting convened at 7:01 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, City Attorney Shields, Public Works Director Brown, Economic & Community Development Director Hendryx Police Captain Garrett, Acting Finance DirectorShearer,Assistant Recorder Pierson. ANNOUNCEMENTS 0:01 In observance of Independence Day, City Hall offices, the Library and the A. Aquatic Center will be closed Wednesday, July 4, 2012. “Woodburn Summer Nights” with the Wave Broadband 4 th of July B. Celebration, including the Coastal Farm &Ranch Kids Zone, at Centennial Park from 6:00–11:00pm. The celebration will feature a variety of free family activities, food available for purchase, and a fireworks show at dark. The filing period for Mayor and Council positions is now open. Positions C. to be voted upon at the November 6, 2012general election are as follows: Mayor: At-Large position (2-year term) Councilor -Ward I:Precinct 815 (4 -year term) Councilor -Ward II: Precinct 825 (4 -year term) Councilor -Ward VI:Precinct 865 (4 -year term) Candidate filing forms and instructions are available from the City Recorder and are posted on the City website. Page 1 - Council Meeting Minutes, June 25, 2012 COUNCIL MEETING MINUTES JUNE 25, 2012 . COMMUNITY/GOVERNMENT REPORTS 0:02 A. Woodburn School District – Superintendent Bautista provided an update on the School District budget. PROCLAMATION 0:07 National Recreation and Parks Month PRESENTATION 0:09 Councilor McCallum presented on behalf of the Woodburn Relay for life, the City of Woodburn 2012 Proud Platinum Sponsor Plaque and noted that the Mayor, City Councilors and Department Heads donated towards this sponsorship. Mayor Figley thanked all those that contributed. BUSINESS FROM THE PUBLIC 0:10 Shantelle Naeve, 788 Ogle Street, wanted information on when her street would be treated this year and she was told it was not in the budget. Public Works Director Brownanswered that they do have funds available and the dust abatement program is still in place. He also stated that it has not been done yet because of the wet weather. CONSENT AGENDA 0:13 A.Accept Woodburn Planning Commissionminutes ofMay 24, 2012, B.Receive Crime Statistics through May 2012. McCallum /Lonergan … approve the consent agenda as presented. Motion passed unanimously. PUBLIC HEARING 0:14 A Public Hearing to Consider the 2011-2012 Supplemental Budget.Mayor Figley declared the hearing open at 7:15 pm for the purpose of hearing public input on the 2011-2012 Supplemental Budget. City Administrator Derickson provided a staff report on the proposal. No members of the public wished to speak in either support or opposition of the acceptance of State shared revenue. Mayor Figley declared the hearing closed at 7:17 pm. COUNCIL BILL NO. 2893- AN ORDINANCE ESTABLISHING A PUBLIC ART 0:16 MURAL PROGRAM; CREATING THE WOODBURN PUBLIC ART MURAL COMMITTEE AND PROVIDING FOR A PROCESS FOR THE CITY’S CONSIDERATION OF PUBLIC ART MURALS McCallum introduced Council Bill 2893. Assistant City Recorder Pierson read the two readings of the bill since there were no objections. Director Hendryx provided a staff report on the proposal. Councilor McCallum asked what was involved in the fee process and Director Hendryx answered that it is like any other detailed application they have and the fee covers for staff time, notice requirements, developing findings, and documentation for Page 2 - Council Meeting Minutes, June 25, 2012 COUNCIL MEETING MINUTES JUNE 25, 2012 approvals and denials. Councilor Lonergan asked if at the Public Hearing the council will have the final say on the art. City Attorney Shields answered, the ordinance delegates that authority to a Public Art Mural Committee. San Juana Acosta, 615 N. Elliot rd., Newberg, stated that she feels that murals are inspirational and get people involved in their community. thth Maria Andrade,1274 5 St, said that she has been in art since 5 grade and thinks having murals outside the buildings is a great way to express culture and history. st Julizza Ramirez, 1029 N. 1 St., said she believes that murals would make the City prettier and attract tourism. Dahlia Ortiz, 1051 Wilson St., thanked the Council for considering this ordinance. She stated she would like to see the fee go down once the City is in better financial standing, and she would like the murals to be long standing and not have a minimum time frame to be up. Larry Kleinman, 1790 Landau Dr., praised the efforts of the Council for considering this ordinance. Mr. Kleinman stated that he had 3 concerns about the ordinance, the first was in Section 7, #10, he feels it should read “…accessible or visible to the public…”, he stated the ordinance is not clear on who chooses the artist and he would like to see more flexibility in terms of the easement. Councilor Lonergan asked if Mr. Kleinman had any concerns with the fee and Mr. Kleinman answered he felt it was high and might deter those who can’t afford it from putting up a mural. Councilor Cox stated a few concerns about the ordinance, the first being that the fee seems to high and inconsistent with the goals of the ordinance. He stated that the fee should be included in the master fee schedule and lowered to $200, even if it means the City has to subsidize it. He stated that he would also like the residency requirement for the expert removed and that Sections 7 and 8 need some tweaking. He would like to see the ordinance held over until the next meeting so that staff can address the items of concern and improve this ordinance. Councilor Lonergan said hewas okay withsetting this off. He also stated that he thought $200 was too low and would like to see a graduated scale depending on the size of the mural. He agrees with some of the changes that have been mentioned. Mayor Figley stated that she has no problem setting it off if there is some tweaking that needs to be done and that she has an issue with having all five members of the committee being residents of Woodburn. Mayor Figley thought that graduating it by square footage is a good idea. Councilor Morris stated that regardless of the size of the mural, the staff time it takes to review the application is still going to be the same. Councilor McCallum added that there should be some flexibility in who can be on the committee. He also thanked staff for giving them what they asked for. He has no problem with the 7 year minimum and no problem with renewal. He was also concerned because students at the high school who may want to have murals would be unable to because of cost. Mayor Figley said she would want clarification on the 7 year limit as well. City Attorney Shields said we could roll it over for a longer period. He will try toget a draft circulating and have it on the Council agenda in a month. Councilor McCallum asked if the draft could be placed on the website. Page 3 - Council Meeting Minutes, June 25, 2012 COUNCIL MEETING MINUTES JUNE 25, 2012 City Administrator Derickson wanted to see if there was a consensus on how they are going to address the fee. Councilor McCallum asked if they could do some kind of graduated fee. City Administrator Derickson noted that they will work on the easement issue in the ordinance and asked if there was consensus on allowing a non-resident to be on the committee. Councilors agreed that they would like to allow a non-resident to be on the committee. Councilor Morris stated that he thinks murals should not be subsidized by the City. Councilor McCallum stated that maybe they should add it to the master fee schedule like Councilor Cox suggested and start at $1,148 and adjust it as needed. Councilor Schmidt liked the idea of adding it to the master fee schedule and that the fee should start out higher and then it can be adjusted if needed. Mr. Kleinman made the suggestion that perhaps schools and non-profits could have a different rate since it is more intended as a public good and not being used by a for profit business. He also stated that he thinks there should be one fee per property. Council directed staff to circulate a revised ordinance with the requested changes before the first council meeting in August. COUNCIL BILL NO. 2894 -AN ORDINANCE AMENDING ORDINANCE 2307 1:18 (THE WILLAMETTE BROADBAND, LLC/ WAVEDIVISION VII, LLC CABLE TELEVISION FRANCHISE) TO EXTEND SAID FRANCHISE ORDINANCE UNTIL SEPTEMBER 30, 2012 AND DECLARING AN EMERGENCY. McCallum introduced Council Bill 2894. Assistant City Recorder Pierson read the two readings of the bill since there were no objections. On a roll call vote for final passage, the motion passed unanimously. Mayor Figley declared Council Bill 2894 duly passed. COUNCIL BILL NO. 2895- AN ORDINANCE AMENDING ORDINANCE 2318 1:20 (THE DATA VISION COMMUNICATIONS/DATA VISION, LLC FRANCHISE) TO EXTEND SAID FRANCHISE ORDINANCE UNTIL SEPTEMBER 30, 2012 AND DECLARING AN EMERGENCY. McCallum introduced Council Bill 2895. Assistant City Recorder Pierson read the two readings of the bill since there were no objections. On a roll call vote for final passage, the motion passed unanimously. Mayor Figley declared Council Bill 2895 duly passed. COUNCIL BILL NO. 2896 - A RESOLUTION APPROVING TRANSFERS OF FY 1:21 2011-2012 APPROPRIATIONS AND APPROVING A SUPPLEMENTAL BUDGET. McCallum introduced Council Bill No 2896. Assistant City Recorder Pierson read the bill by title only since there were no objections from the Council. Councilor Cox asked if the transit budget increase is due to grants we have not been paid for or grants that have not be awarded. Director Shearer answered that the grants have been approved the funds just have not been received, it is a timing difference. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2896 duly passed. Page 4 - Council Meeting Minutes, June 25, 2012 COUNCIL MEETING MINUTES JUNE 25, 2012 ALLIED WASTE 2012 FOOD WASTE PROGRAM AND RATE PROPOSAL 1:24 City Administrator Derickson provided a staff report for the proposal. Councilor Lonergan recused himself due to a conflict of interest. Carol Dion, General Manager of Allied Waste in Marion County gave an overview of the food waste program and rate proposal. Councilor Pugh asked if participation in the food waste program is a choice and Carol Dion answered that customers will be charged for it regardless of whether they participate or not. Councilor McCallum asked where in Marion County this program is currently. Carol Dion answered that it was currently in Salem and Keizer. Councilor McCallum asked what effect food waste going into the garbage disposal has on our sewers and Director Brown stated that it does not negatively affect the treatment plant. Councilor Morris asked if the commercial businesses are the ones asking for it, can you make a separate proposal for just commercial. Carol Dion answered that they could put together a rate proposal for commercial businesses. Councilor Pugh stated that he is not in favor of this proposal but would like to see food waste recycling available to those businesses that would like to use it. Councilor Cox asked how significant it will be in terms of the waste stream to put the food waste in with other recyclables andthat he is not thrilled with the food waste program. Carol Dion answered that they are plowing new ground and don’t have the statistics yet. Mayor Figley stated that she would like to see a proposal for businesses so they can consider that. Carol Dion stated that they will bring the proposal back with costs for businesses and do a survey to make sure that businesses are interested at the rates they are proposing. Shantelle Naeve, 788 Ogle Street, said that she thought the City Council should really consider this proposal. ACCEPTANCE OF A PUBLIC UTILITY EASEMENT ON THE WESTERLY 1:58 PORTION OF 770 N. PACIFIC HWY, WOODBURN OR 97071 (TAX LOT 051W17BA02000) Cox/Lonergan … accept public utility easement n the Westerly Portion of 770 N. PACIFIC (Tax Lot 051W17BA02000) Hwy, Woodburn OR 97071 The motion passed unanimously. CITY ADMINISTRATOR’S REPORT The City Administrator had nothing to report MAYOR AND COUNCIL REPORTS 1.59 Councilor McCallum thanked everyone for their participation inthe Relay for Life. Councilor Schmidt asked who paid for repairs to the Hermiston Park Pathway. City Administrator answered that the City probably paid for it. th Councilor Morris wished everybody a safe 4 of July. ADJOURNMENT McCallum/Lonergan ...meeting be adjourned. The motion passed unanimously. 2:01 The meeting adjourned at p.m. Page 5 - Council Meeting Minutes, June 25, 2012 COUNCIL MEETING MINUTES JUNE 25, 2012 APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson,Assistant CityRecorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, June 25, 2012 Agenda Item July 9, 2012 TO:Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Directorof Economic & Development Services SUBJECT: Comprehensive Plan Map Amendment 2012-01, Zone Change 2012-01 and Conditional Use 2012-01 for property located at 2285 and 2333 N. Pacific Highway : RECOMMENDATION Holdapublic hearing on Comprehensive Plan Map Amendment CPA 2012-01to change the designation of certain propertyfrom Industrial to Commercial, Zone Change ZC 2012-01 to change the zoningfrom Industrial Park (IP) to General Commercial (CG), and Conditional Use CU 2012-01to establishan automobile repair facility. Direct Staff to prepare and submit to the City Council the documents necessary to grant Comprehensive Plan Map Amendment 2012-01, Zone Change 2012-01 and Conditional Use 2012-01 for the property located at 2285 and 2333 N. Pacific Highway. : BACKGROUND The applicant wishes to establishan automobile repair facility in an existing vacant building.Automobile repair is not an allowed use in the Industrial Park (IP) zone, but is allowed through the Conditional Use process in the General Commercial (CG) zone. Accordingly, the repair facility can only be established if the Comprehensive Plan Map and Zoning Map are amended, and a Conditional Use is approved. On June 14, 2012, the Planning Commission helda public hearing and unanimously approved these cases. The Commission found that the proposal met the applicable standards of the Woodburn Development Ordinance. DISCUSSION: The attached staff report analyzes the proposal with respect to the Woodburn Development Ordinance. It includes the Planning Commission’s decision and findings of fact. FINANCIAL IMPACT: Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___ Honorable Mayor and City Council July 9, 2012 Page 2 This decision is anticipated to have no public sector financial impact. ATTACHMENT: Staff report Agenda Item July 9, 2012 TO:Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Directorof Economic & Development Services SUBJECT: Comprehensive Plan Map Amendment 2012-02 and Legislative Amendment 2012-01, the Highway 99E Corridor Plan : RECOMMENDATION Hold a public hearing on Comprehensive Plan Amendment CPA 2012-02 and Legislative Amendment LA 2012-01 to revise the Comprehensive Plan Map, the Woodburn Development Ordinance, the Zoning Map, and the Transportation System Plan with the recommendations found in the Highway 99E Corridor Plan and in the Planning Commission’s deliberations. Direct Staff to prepare and submit to the City Council the documents necessary to adopt the Highway 99E Corridor Plan. BACKGROUND: The City applied for a Transportation and Growth Management (TGM) grant in 2009 to develop a corridor plan for Highway 99E. This has been a cooperative effort of the Oregon Department of Transportation(ODOT), Marion County, the City, consultants, and residents and business owners. Over the past two years, concepts have been developed and refined in a series of public workshops. The Corridor Plan is now going through the public hearing process. To become effective, the Corridor Plan must be adopted as an element of the Comprehensive Plan. Adoption of the Corridor Plan also necessitates amendment of the Woodburn Development Ordinance, Zoning Map, and Transportation System Plan. The Planning Commission conducted a public hearing on the Corridor Plan on June 14, suggested three modifications, and forwarded it the Council with a unanimous recommendation of approval DISCUSSION: The attached staff report analyzes the proposal with respect to the Woodburn Development Ordinance. It includes the Planning Commission’s decision and findings of fact. Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___ Honorable Mayor and City Council July 9, 2012 Page 2 FINANCIAL IMPACT: This decision is anticipated to have no public sector financial impactto the City at this time. Implementation of the Corridor Plan will be funded primarily by ODOT as Highway 99E is improved. ATTACHMENT: Staff report CITY OF WOODBURN CITY COUNCIL SPEAKER CARD Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the city Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. NAME: PHONE # J3 8 J, 7.3' "?/ ADDRESS: /o Al. r1 _, X1.0 n-nc�r AGENDA DATE: 7 COMMENTS: AGENDA ITEM #: /0 V FOR,OFFICE USE ONLY: Follow -up: Jim Hendrvx From: Bert Gottsacker [bertg45 @msn.com] Sent: Monday, July 09, 2012 3:20 PM To: Jim Hendryx Subject: Measure 56 Public Hearing Adoption Highway 99E Corridor Plan July 8 2012 Mayor and Council Members I beleive that the city was in violation of Measure 56 when they adopted the Woodburn Development Ordinance and may have an effect on adoption of Highway 99E corridor plan, and now is the time to bring it before the City Countcil where it could be corrected before adoption of the corridor plan. The Public Hearing Notice on the Woodburn Development Ordinance that was mailed out to the property owners Had nothing in it in regards to the 20 permitted uses that was changed to Conditional Uses, which has a big effect in lowering property values. The notice states Ordinance contains some new features: Architectural Review for all new development, { note All New Development.] When you get into the CG Zone it lists the existing properties under the Archietectural Review. This has a very big effect on the property value. of us owners between Lincoln St and south city limits. I know I have been through it. to the tune of $70.000.00. Before that public hearing I received a phone call asking if I was going to the public hearing. I had only been home from the hospital for three days from open heart surgery and didn't recall to much. I ask him if it had anything to do with existing improvement he said he would check it over and get back to me. He called back and left a message. { NO I. So I didn't have my attorney go for me. and I found out later they never had it in the public Notice. I consider this to come under {9} { B] Measure 56 Rezoned = Adopts or amends an ordinance in a manner that prohibits land uses previously allowed in the affected zone. Conditional Uses. This can be corrected and it would have a big effect on new business. Jim if there isn't a time limit on getting this in and you have time please give it to the council at tonights meeting, If not give it to them later, as I would like them to know it. Bert Gottsacker W r.<erf.rud naf CPA 2012 -01, ZC 2012 -01, CU 2012 -01 Ken's Auto Body Oregon Revised Statutes 197.763 requires the City to list all substantive criteria relevant to each hearing. Applicable criteria from the Woodburn Development Ordinance (WOO) are Sections: 1.101 — Structure, 1.103 — Zoning Map, 1.104— Nonconforming Uses and Development Standards, 2.106 — Commercial General (CG) District Standards, 3.104 — Access, 3.105 — Off-Street Packing and Loading, 3.106— Landscaping Standards, 3.107 — Architectural Guidelines and Standards, 3.110— Signs, 4.101 — Decision Making Procedures, 5.103 —Type III Application Requirements, and 5.104 —Type IV Application Requirements. Additional relevant criteria are the accessible parking standards of Section 1104 of the Oregon Structural Specialty Code and ORS 447.233. The Ieehe, Yee he C, b Isl Jl s.: m Slnq The gy , IW as ¢Im a tlw rcikvdp4lelq nu4 bsh I my aria uz l —t., ypEUe cnby6emlm m n» sul .peIn a I..v env as ewmr. Mmre.,m e..a .. I. sati.nw ne. pn Le n .mwn m. c>enn lenmyn ,. wdv —I Uee.—I,phIeet wmnnv oamh . eod0 Y dM me tlllrgon ma gp,ss,Y. Pgn es m1-. wlY� m t— ..IdYYCO. tto� .I. P :ova ., m�.. m� .;nP y,e. a,ny,o ,.o,m ne ,;;PO e;l M wn..,e.a .. con..he -I - e.o,n. e,Kl..- .„m�anan m.,.� w.. ., . m I .a.. b e, •ev, 1 II ryl m Ut& w pvn„ M cwm1.11 et—thn eeau w.ew l ems ID.�rr, w (2)eme oa he pmrtc umo zne 'vme aIm d w, aip nwn N a rM I,PW a M, ,,, Isllp, t he k.. rea,a w., I.az, � wm e a - mti�e, .. ,uh ...e.se . . AYbul beu,-bn NYU se Paf1.Y mYLRY. Ce Curt'i,rmylbx I C bM I'Mq dbb MM <, s Mrv, de amC 4+, m.W ,. prty. revWe „gl,.rly m e.� I monenuM P nYg I..meE eo Cad . bmrY IC01 P PISP � j �On CO1Mlr i CG f Q�G` ja V 1 i� - The applicant Intends to expand the building by $000 square feet at some point in the future_ exhibhs A and 9 show the loading dock enclosed The expenelon Is not part of this decision and will require a future Type 11 Design Review_ The expansion Is not part of this decision l jx` Oil 4 a r e There are love pop si / p g and the height frontage. Onlyoneye building, and Itmer we er size and beig rest p erman e nt n Sins ofth i building , o p r o perty own Table yo 3 l IM1e 106of the Woodburn l dburn Development g Or Signs Into compliance with Table 3. fl0.10e of the Wpotlbum Development Ortllnance. WQODBTTR NT Direct staff to prepare an Ordinance to amend the Comprehensive Plan Map and the Zoning Map to reflect approval of cases CPA 2012 -01 and ZC 2012 -01, and a Final Order to implement the Conditional Use. ^� The build ur encroaches approximately 8 8 feet a the a properly to the west Asurvey was pertormedtoa the we a `bet to U but the i area wa way rr tr a n s fe rred by line deed Prior to . Prior is occupancy pency of the building, the properly owner sto shall wner sM1all record a deed consistent with � Survey 92990. The Planning Commission recommended approval of cases CPA 2012 -01, ZC 2012 -01, and CU 2012 -01, subject to the conditions of approval contained in the staff report. 2 PC /CC Worksession presentation 3/26/2012 Highway 99E Corridor Plan Background & Planning Process Highway 99E Corridor Plan Project Schedule HI4 MVAY 99ECMI1IOgl 0.r m ._ � y- - IXmw.- lunu.- 4n- ftnx0iroc[u tl30 All A33 �:Olt� A31 A,t Ntt WaQlaUN Plan Development Included: Engaging Stakeholders and Inviting Public Participation Defining Vision/ Goals & Guiding Principals Defining the Planning Area Reviewing Existing Plans, Policies and Regulations that Influence the Corridor Evaluating Existing and Future Conditions in the Corridor Preparing Corridor Design and Land Use Concepts Conducting Analysis of Alternatives & Strategies Developing Preferred Highway 99E Corridor Plan Recommendation Stakeholder Participation • Five Citizen Advisory Committee (CAC) Meetings - Representatives from businesses and neighborhoods adjacent to Hvry 99E • Four Technica l Advisory Committee (TAC) Meetings - Representatives from Woodburn, Marion County and ODOT • Two Business & Property Owner Meetings • Three Community Open Houses • One Joint Planning Commission /City Council Work Session Highway 99E Corridor Plan 1 Highway 99E Corridor Plan: Key Project Objective Facilitate the revihlization of the corridor as a viable, safe and sustainable business district Ewnomic Conidor Development AesNetia kblor VehiGe Neighbomood Mobiliry85afery Connections Pedestrian /9icyde Property Stakeholder /Business Access g Safety Access O er Pamcipation Stakeholder Participation • Five Citizen Advisory Committee (CAC) Meetings - Representatives from businesses and neighborhoods adjacent to Hvry 99E • Four Technica l Advisory Committee (TAC) Meetings - Representatives from Woodburn, Marion County and ODOT • Two Business & Property Owner Meetings • Three Community Open Houses • One Joint Planning Commission /City Council Work Session Highway 99E Corridor Plan 1 PC /CC Worksession presentation Highway 99E Corridor Plan The Preferred Plan I� Implementation Measures • Comprehensive Plan Amendments : Tex[Amendments(references to Plan, new policies) : Map: Mixed Use Village Overlay 3/26/2012 The Highway 99E Corridor 4 Seornnb t. industrial/ rural Conidor z. Commercial, larger SW9Am parcels, more recent Primary Study Area: development Propertycilrecdy 3. Commercial, smaller adjacent to Hwy 99E .'Y (commercial focus) r Secondary Studv Area 4. Industrial /rural /future K He from Hwy 99E V -`� um villa" Preferred>'•: oonatrRN a1 ` • '�' - Highway 99E Corridor Plan The Preferred Plan I� Implementation Measures • Comprehensive Plan Amendments : Tex[Amendments(references to Plan, new policies) : Map: Mixed Use Village Overlay 3/26/2012 The Highway 99E Corridor 4 Seornnb t. industrial/ rural a z. Commercial, larger • New Mixed Use Village (MUV) parcels, more recent Zone development 3. Commercial, smaller : Zoning map amendments parcels, older .Phased -in mmmeroia to Mixed u:a development - 4. Industrial /rural /future • Four residential ProyeNes to Mixed y � multi - family um villa" Highway 99E Corridor Plan 2 Implementation Measures • New Mixed Use Village (MUV) Zone : Zoning map amendments .Phased -in mmmeroia to Mixed u:a fi - ,,"&ning • Four residential ProyeNes to Mixed y � �,,,;I um villa" Preferred>'•: =_' - Alternative ` iMUnrislly toned and -- - — _ 4- �r�w OODBURN r..ys� - y _i Highway 99E Corridor Plan 2 Implementation Measures • New Mixed Use Village (MUV) Zone : Zoning map amendments .Phased -in mmmeroia to Mixed u:a fi - ,,"&ning • Four residential ProyeNes to Mixed y � �,,,;I um villa" • Raskernial uses Mhibe south of Oweland Strest, aliment to , iMUnrislly toned and -- - — _ 4- �r�w OODBURN r..ys� - Highway 99E Corridor Plan 2 PC /CC Worksession presentation Implementation Measures New Mixed Use Village (MUV) Zone St..) i New Chapter in the Woodburn Development Ordinance • Certain typos of busimsses that do not support a walkable nail emimnment will not be allowed to move to the mw mm kwwn.l••em,•nw _mw a pnaw wpmna, a•n,. moo,. w mmm•mw a mw,ai.ame..m n .al x_mxwx_ um m_JVMna .wwx.Imw/M ,io,www._xwmxM.Mean inmpnxaama,•Iminnn ambi•wurva. rv3,6 • edwrgums an grandhthered • MuAFfemily hotim, will M allowed outright , nplementation Measures Woodburn Development Ordinance Amendments (p. 306 PppmGa Cf Proposed amendments establish /require: • No minimum building ntbacks/new recommended maximum untattk(15') • No parking betwxn the building and the nreet /limp Perkin, to 50% ofsheetfmnage •Street -fi ing windows and /o, amhiacturel treatments • Enhanced weaning for outdoor none near a meet • No drive thruughs facing Highway NE CM t eaab W¢h gMl Prefe rla6eabitax f �r 6�Ga�GV L f .� � A Cross um�r.r sorwnaar.wMeseae II IIA1 Waaa" f Section .ir t X, _ M ,., sa na.Mga d cwwea ga m b sew uee raa+a^b wsEm 3/26/2012 Implementation Measures New Mixed Use Village (MUV) Zone (p st) Development Guidelines and Standards • Fmnage improvements on Hwy 99E Sidewalks and street trees M denlnpm eit along 99E Right of way oediation or at time of development • special Set -backs on Hwy 99E can gwd to Lincoln Sown • 05' tinwln St. to 1,150 ft..h of Chwh red So.-So' 1,150 ft eouth W Oemand Street to pmpowd South UGS W • Access sandaks on Hwy 99E shaved access Gms- overagreements Implementation Measures • Transportation Plan Amendments rio nsa b Cross-secdons for Hwy 99E Touts rightafray standard =1 W hoponM: • Uri to Unmin - caning ra-w • Unmin to Cleveland -1W • Saint or Cleveland -8V Project list & priorities • Highway lm1nomments • IMaaaction Modifications • Pe unman Safaty Enhancements • Improved lighting • Signal timing • Incremental improvements in northaouM comgttivtty Preferred Alternative: Intersection Modifications `•n a a w Sa 1 a Highway 99E Corridor Plan 3 PC /CC Worksession presentation Highway 99E Corridor Plan Next Steps 3/26/2012 Preferred -- Alternathe: Proposed r Transportation Implotenterrts r '�`' t �p 4 W 000ar,aN �„�.•- Preferred Alternative: Other Features • Gateway treatment @ / Young Street • Pedestrian crossings & connections O V - • Street Lighting Utility undergrounding • Local regulations for = access to Hwy 99E Highway 99E Corridor Plan • City Council Adoption • Ordinance Modifications - comprehensive Plan - Transportation system Plan - Zoning Map Amendments - Development Ordinance • Urban Renewal Plan Modifications (future) • Continued Coordination with Marlon County & ODOT Highway 99E Corridor Plan 4 PC /CC Worksession presentation 3/26/2012 v� Highway 99E Corridor Plan 5