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July 8, 2013 AgendaKATHRYN FIGLEY, MAYOR CITY OF W OO D B U R N VACANT, COUNCILOR WARD 1 LISA ELLSWORTH, COUNCILOR WARD II C ITY COUNCIL AGENDA PETER MCCALLUM, COUNCILOR WARD III JAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V JULY 2013 - 7 :00 P•M• ERIC MORRIS, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 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 A. National Night Out 2013 Presentations None. 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. * *XaBRB MteRPRUIDS DISFO PaRa apivas reRson Qu no xaB1 In6i6s, rRevio a cueRrIo. Comuniguese ai (503) 980-2q85.** 1 July 8, 2013 Council Agenda Page i 8. CONSENT AGENDA - Items listed on the consent agenda are considered 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 June 24, 2013 2 Recommended Action Approve the minutes. B. Woodburn Public Art Mural Committee minutes of March 20, 5 2013 Recommended Action: Accept the minutes. C. Woodburn Public Art Mural Committee minutes of May 14, 2013 7 Recommended Action: Accept the minutes. D. Woodburn Public Art Mural Committee minutes of June 5, 2013 8 Recommended Action: Accept the minutes. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A. Update of the Woodburn Development Ordinance, Legislative 11 Amendment 2012 -01 Continued 11. GENERAL BUSINESS - 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. None. 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 15. ADJOURNMENT July 8, 2013 Council Agenda Page ii PROCLAMATION NATIONAL NIGHT OUT 2013 WHEREAS, the National Association of Town Watch is sponsoring a unique, nationwide crime, drug and violence prevention program on Tuesday, August 6th, 2013 entitled "National Night Out"; and WHEREAS, the "30' Annual National Night Out" provides a unique opportunity for the City of Woodburn to join forces with thousands of other communities across the country in promoting cooperative police-community crime, drug and violence prevention efforts; and WHEREAS, all citizens of Woodburn play a vital role in assisting the Woodburn Police Department through joint crime, drug and violence prevention efforts in Woodburn and is supporting "National Night Out 2013" locally; WHEREAS, it is essential that all citizens of the City of Woodburn be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drug abuse and violence in Woodburn; and WHEREAS, police-community partnerships and neighborhood safety and awareness cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, 1, MAYOR KATHY FIGLEY, do hereby call upon all citizens of Woodburn to join the Woodburn Police Department and the National Association of Town Watch in supporting the "30' Annual National Night Out" Tuesday, August 6th, 2013. FURTHER, LET IT BE RESOLVED THAT, 1, MAYOR KATHY FIGLEY, do hereby proclaim Tuesday, August 6th, 2013 as "NATIONAL NIGHT OUT" in the City of Woodburn. - IN WITNESS WHEREOF, I hereunto set my hand and caused the seat of the City of Woodburn to be-,#fixed this 3 rd day of July 2013. Figto City of Wood COUNCIL MEETING MINUTES JUNE 24, 2013 0:00 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 24, 2013 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 Ellsworth Present Staff Present: City Administrator Derickson, City Attorney Shields, Finance Director Shearer, Economic and Development Director Hendryx, Police Chief Russell, Police Captain Garrett, Human Resources Director Hereford, Assistant City Engineer Liljequist, Associate Planner Dolenc, Communications Coordinator Horton, City Recorder Pierson 0:00 ANNOUNCEMENTS A. In observance of Independence Day, City Hall offices, the Library and the Aquatic Center will be closed Thursday, July 4, 2013. B. Please join us as we celebrate Independence Day at Centennial Park on July 4 from 6:00 — 11:00 pm. The annual celebration will include a variety of vendors, kids games and activities, live entertainment, and of course fireworks at 10:00 pm. A special thanks to Wave Broadband for their generous sponsorship of this event. C. Mayor Figley announced that applications for the Ward I vacancy will be received until June 28 at 5:00 pm. 0:02 CONSENT AGENDA A. Woodburn City Council minutes of June 10, 2013 B. Woodburn Recreation and Park Board minutes of May 14, 2013 C. Crime Statistics through May 2013 McCallum/Lonergan... adopt the Consent Agenda. The motion passed unanimously. 0:03 PUBLIC HEARINGS A. A Public Hearing to consider the update of the Woodburn Development Ordinance, Legislative Amendment 2012 -01. Economic and Development Director Hendryx continued the presentation of the proposed changes to the Woodburn Development Ordinance. Councilor Cox stated that he would like to see the special criteria for the hardship for non - conforming signs deleted from the ordinance. Councilors McCallum and Lonergan concurred. Councilor McCallum asked if there might be a legal problem if it was deleted. City Attorney Shields answered that with a variance procedure there is a safety valve in it but it is up to the Council on what they would like to do. Councilor Page 1 - Council Meeting Minutes, June 24, 2013 2 COUNCIL MEETING MINUTES JUNE 24 Cox made a motion to have the sections allowing for a variance for non - conforming signs be deleted. Councilor McCallum seconded the motion. Since the public hearing was still open Mayor Figley stated that the motion will need to be made at the close of the hearing. Director Hendryx recommended sending back the fence height requirements, parking adjacent to a garage, and commercial real estate signage sections of the WDO to the planning commission for their consideration and adopt the remainder of the ordinance. Councilor McCallum stated that he is not interested in sending back the parking adjacent to a garage portion and Councilors Lonergan, Cox and Ellsworth concurred. Director Hendryx stated that he will bring a summary sheet to Council documenting the agreed upon changes to the ordinance as well as documenting the items that will be sent to the planning commission for their review. Mayor Figley asked if there was anyone in the audience who wanted to speak in favor or against the ordinance. No members of the audience wished to speak. Mayor Figley stated that she would like to continue the hearing to the July 8 meeting so that people who may want to speak on this have the opportunity to do so. Lonergan /Cox... continue the public hearing to hearing to July 8, 2013. Motion passed unanimously. 1:03 COUNCIL BILL NO. 2934 - A RESOLUTION AUTHORIZING EXECUTION OF A POLICE MOBILE DATA SYSTEM AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE CITY OF STAYTON McCallum introduced Council Bill 2934. City Recorder Pierson 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. 2934 duly passed. 1:04 AWARD OF CONSTRUCTION CONTRACT FOR TREE REMOVAL AND FENCE INSTALLATION EAST OF THE I -5 INTERCHANGE PROJECT Lonergan /Cox ... acting as the Local Contract Review Board, award the construction contract for the Tree Removal & Fence Installation East of I -5 Interchange Project to R &R Tree Service in the amount of $72,255. Councilor Cox asked why TruGreen's bid was considered non- conforming and City Administrator Derickson answered that they didn't submit a bid bond and a signed bid addendum form. The motion passed unanimously. 1:14 AWARD OF CONSTRUCTION CONTRACT FOR THE TREE REMOVAL AND TEMPORARY FENCE INSTALLATION WEST OF I -5 INTERCHANGE PROJECT Lonergan /Cox ... acting as the Local Contract Review Board, award the construction contract for the Tree Removal & Temporary Fence Installation West of I -5 Interchange Project to R &R Tree Service in the amount of $43,878. The motion passed unanimously. 1:16 CITY ADMINISTRATOR'S REPORT The City Administrator provided an update on the vandalism that occurred at Senior Estates and reminded people to call the police if they see something suspicious. He also wanted to clear up rumors that the Police Department has been reduced when in fact it has not and that there was a full patrol on duty the night of the vandalism. He also wanted to clarify that what staff will be bringing back to Council at the July 8 meeting on the WDO will be a summary of the issues and that there won't be enough time to have the ordinance language ready at that meeting. Page 2 - Council Meeting Minutes, June 24, 2013 W COUNCIL MEETING MINUTES JUNE 24, 2013 1:18 MAYOR AND COUNCIL REPORTS Councilor Ellsworth stated that she enjoys getting the E- blast. Mayor Figley mentioned that the cameras on 214 are up and wished everyone a happy 4th Councilor McCallum reminded the public of the Community BBQ put on by Woodburn Proud at Centennial Park on July 11 and the Relay for Life will take place on July 12 at Centennial Park as well. Councilor Lonergan thanked Scott for his report on the vandalism and stated that he has faith in our police and that safety is a high priority of the Council. He also mentioned that the Mural Committee would be holding a public hearing on June 26 at 3:00. 1:21 ADJOURNMENT Lonergan/McCallum.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:23 pm. APPROVED ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, June 24, 2013 KATHRYN FIGLEY, MAYOR 4 WOODBURN PUBLIC ART MURAL COMMITTEE WORKSHOP/MEETING MINUTES March 20, 2013 CONVENED: The Woodburn Public Art Mural Committee met at 2 p.m. in the City Hall Council Chambers. Since this was the first meeting of the Mural Committee, Jim Hendryx, Economic and Development Services Director, chaired the meeting. Absent Merri Berlin Colleen Vancil Lazaro Ybarra City Councilor Cox City Councilor Lon Staff Present: Jim Hendryx, Economic & Development Services Director Jan Frutiger — Economic Development Services Volunteer Director Hendryx opened the meeting and after introducing those in attendance, provided a PowerPoint presentation outlining the roles and responsibilities of the Committee. Elections The first order of business was the election of the Chair and Vice -Chair of the Murals Committee. By unanimous vote, City Councilor Lonergan was elected Chair and Colleen Vancil voted Vice -Chair of the Committee. Application Review Director Hendryx presented an overview of the draft application form for mural proposals. He indicated that he was looking for input on application requirements, to insure that the Committee would have what they needed to evaluate future applications. Committee members felt that information on the "concept" behind art is important. They also indicated that on -going maintenance and the ability to complete the work were factors to be considered. The application will be revised to clarify those aspects. Silverton — Mural Society Volunteer Frutiger briefly discussed Silverton's mural program, indicating that she is meeting with one of their Society members in the near future. Director Hendryx offered to arrange for someone from the Society to meet with the Committee to discuss construction and maintenance techniques for outdoor murals. The Committee was in favor of such an opportunity. 5 The meeting adjourned at 3:00 p.m. APPROVED Z- Frank Lonerga , Chair Date ATTEST'?/ ames N.P. Hendryx ate Economic & Development Services Director City of Woodburn, Oregon WOODBURN PUBLIC ART MURAL COMMITTEE WORKSHOP/MEETING MINUTES May 14, 2013 CONVENED: The Woodburn Public Art Mural Committee met at 2:30 p.m. in the City Hall Council Chambers and then drove to Silverton, Oregon to meet with Vince Tull of the Silverton Mural Society, Present: Absent Merri BerlinP Colleen Vancil Drove separately Lazaro Ybarra City Councilor Cox City Councilor Loner an� Staff Present: Jim Hendryx, Economic & Development Services Director Jan Frutiger, Economic & Development Services Volunteer After informal discussions on lessons learned from the Four Freedoms Mural, the Committee, minus Committee member Colleen Vancil, toured Silverton with Vince Tull of the Silverton Mural Society for approximately an hour, stopping and discussing individual murals and issues related to installation and maintenance. The Public Art Mural Committee returned to Woodburn about 5:00 pm. No formal action was taken during the course pf the tpur. APPROVED Frank LonerganqC air Date ATTEST ` 1 i ll (�j/ (�,�� ames N.P. Hendryx Da e Economic &Development Services Director City of Woodburn, Oregon 1 7 WOODBURN PUBLIC ART MURAL COMMITTEE WORKSHOPIMEETING MINUTES June 5, 2013 CONVENED: The Woodburn Public Art Mural Committee met at 3 p.m. in the City Hall Council Chambers for further discussion about the Silverton mural tour they took on May 14 th Members Present Chair Present Vice -Chair Present City Councilor Present Committee Member Present Committee Member Present Staff Present: Jim Hendryx, Economic & Development Services Director Jon Stuart, Assistant City Attorney Jan Frutiger, Economic Development Services Volunteer Vicki Musser, Economic & Development Services Recording Secretary Chair Frank Lonergan opened the meeting. Councilor Jim Cox made a motion to approve the minutes of March 20 and May 14 2013. The minutes were approved unanimously. Economic and Development Services Director Jim Hendryx opened the discussion by asking the Committee to consider their overall authority to accept or reject mural applications. Committee members were given copies of the Woodburn Development Mural Ordinance 2491. Director Hendryx noted that the mural guidelines are an evolving process. Assistant City Attorney Jon Stuart gave an overview of the mural ordinance. He told the Committee that they were acting as the community's mural selection coordinator. Murals are gifts being offered to the City, and the Mural Committee makes aesthetic choices, which is unusual, since most governing bodies are not permitted to make judgments on the content. The Mural Committee has been "delegated the authority pursuant to this Ordinance to select, acquire, receive, document and register public art murals on behalf of the City of Woodburn," according to Section 6 of Ordinance 2491. The Committee needs to go by the Public Art Mural Selection Criteria in Section 7 as guidelines when looking at a mural application. These guidelines are open - ended, and may be further refined by the Mural Committee in the future, as criteria are determined to need further definition. It was pointed out that the Committee has the power to refine the present criteria, but they cannot come up with new criteria for selecting a mural. 11 Councilor Jim Cox suggested that Director Hendryx be as up -front and clear as possible to all applicants, making them aware that both mural preparation and on -going maintenance is crucial. The Committee will need to assess whether each submitted mural is appropriate within the criteria guidelines. There was a general discussion about whether only professional artists should be allowed to paint the murals, or if there could be merit in an artist and his team working together to create the mural. No firm decision was reached. Director Hendryx said that the Ordinance states that the mural easement is the property owner's responsibility to maintain, and within 30 days of notice by the City, clean up as needed, or the City may require that the contract be terminated, and the mural removed. There was some discussion about the seven year term of easement and its automatic renewal, unless notice of termination is issued within 30 days after the seven year expiration date. Councilor Cox spoke about removable panel murals being easy to maintain and remove if necessary. He spoke about the ordinance rule that the property owner will maintain the mural easement and wondered if we might be overstepping our bounds. Long -term maintenance was one of the subjects that came up in the Silverton tour. Assistant City Attorney Stuart noted that there is no limitation on types of materials used in creating a mural. The Committee discussed the length of time it can take to create a mural, and whether to define what a "reasonable time" would be. Director Hendryx said that some of the murals in Silverton took 2 -3 years to create. It was suggested that the Committee ask each applicant how long they estimated it would take them to complete their mural, as well as what materials they proposed to use, though at least one Committee member felt that the artist should not be hemmed in by too many initial decisions. Assistant City Attorney Stuart said that this Committee has the rare opportunity to have input into content. The mural is a gift to the City, and the City can decide whether or not to accept it. Appropriate content will project what the City stands for, This Committee has been delegated the authority to decide what is appropriate. Councilor Cox noted the difficulty to both regulate murals and still allow artists to express themselves. The City of Woodburn is free to choose what murals will best express its vision. Chair Lonergan discussed general public hearing procedures. It was noted that an applicant should be given a chance to return at a later date to respond to some of the questions, if he is not prepared to answer every question at the initial public hearing. 2 9 The meeting was adjourned at 3:47pm. APPROVED - �°' l3 Frank Lonergan, it ( Date ATTEST ..0 James N.P. Hendryx Date Economic & Development Services Director City of Woodburn, Oregon 10 WTQOQBURN i� July 8, 2013 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Director of Economic & Development Services SUBJECT: Update of the Woodburn Development Ordinance, Legislative Amendment 2012 -01 RECOMMENDATION Close the public hearing on the Woodburn Development Ordinance (LA 2012 -01) rewrite and direct staff to prepare an Ordinance for City Council consideration at the August 12, 2013 meeting. BACKGROUND Legislative Amendment 2012 -01 (LA 2012 -01) completes the ordinance rewrite begun three and a half years ago, revising the following: Section 1 (Definitions), Section 2 (Land Use and Specific Use Standards), Section 3 (Development Guidelines and Standards) and Section 5 (Application Requirements). The Council opened the public hearing at its May 13 meeting, heard a staff presentation, requested additional information and input on street cross - sections, and continued the hearing to the June 10 meeting. During the meeting, the Council received testimony from the Fire District regarding the "skinny street" design. The public hearing was then continued to June 24. At that meeting, the Council heard the remainder of the staff presentation, discussed several issues that arose in the meantime, directed staff to summarize changes to the proposed ordinance, and continued the public hearing to this meeting. Recent public input regarding fence (Section 2.106) and temporary commercial sign (Section 3.110) standards highlighted the need for further Planning Commission consideration of these sections. Additionally, staff requested additional time to update Woodburn's Planned Unit Development (Section 3.109) standards. The City Council, at its June 24, 2013 meeting, referred these sections to the Planning Commission for further consideration, to be returned to Council when completed. Agenda Item Review: City Administrator _x City Attorney _x_ Finance _x- 11 Honorable Mayor and City Council July 8, 2013 Page 2 DISCUSSION: Background information, including proposed text, was provided in advance of the public hearings on LA 2012 -01 and is not attached to this Agenda Item. These materials are also available on the City's webpage, as well as in the Economic and Development Services Department. The changes to the proposed ordinance are summarized in a memo attached to this agenda item. FINANCIAL IMPACT This decision is anticipated to have a mixed public sector financial impact. Costs of implementing the ordinance revision may slightly increase. The greater effect will be on the private sector, where clarity and flexibility of regulation are anticipated to stimulate private investment and development. Increased development may slightly increase City revenues. 12 CITY OF WOODBURN (n corporated 1889 Department of Economic & Development Services Planning Division MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 Phone (503) 982 -5246 Fax (503) 982 -5244 Date: July 8, 2013 To: Honorable Mayor and City Council through City Administrator From: James N.P. Hendryx, Director of Economic & Development Services Subject: Additional issues regarding the WDO rewrite Legislative Amendment 2012 -01 (LA 2012 -01) completes the ordinance rewrite begun three and a half years ago, revising the following: Section 1 (Definitions), Section 2 (Land Use and Specific Use Standards), Section 3 (Development Guidelines and Standards) and Section 5 (Application Requirements). The Council opened the public hearing at its May 13 meeting, heard a staff presentation, requested additional information on street cross - sections, and continued the hearing to the June 10 meeting. At that time, the Council received testimony from the Fire District regarding the "skinny street" design and continued the public hearing to June 24. At that meeting, the Council heard the remainder of the staff presentation and continued the public hearing to this meeting. Questions from property owners have revealed several issues that are timely to be addressed in this legislative process. Secondly, staff has noted issues with the proposed text that should be addressed in the rewrite. At the last meeting, the Council discussed several of these issues and directed staff to summarize changes to the proposed ordinance. This memo summarizes the issues that have arisen thus far. Item 1 Section 2.106.02 Staff will further consider the fence height standards, seek the input of the public and the Planning Commission, and return to Council with recommendations. 13 Item 2 Table 2.104A Asphalt or concrete batch plants are appropriate uses in industrial zones, but are not specifically identified. Recycling operations are also listed with chemical manufacturing, which could lead to confusion. The implementing Ordinance will list these as Conditional Uses in the Light Industrial (IL) and Industrial Park (IP) zones. Item 3 Section 2.105.05 The Ordinance will clarify how the boundaries of the Riparian Corridor and Wetlands Overlay District (RCWOD) are determined and the regulations are implemented. Item 4 Section 3.101 and TSP Figure 7 -2 The Ordinance will eliminate the Skinny Street cross - section and increase the radius of cul -de -sac improvements from 45 feet to 48 feet. Item 5 Section 3.105.03 The Ordinance will incorporate the existing requirement for an exterior parking pad for one and two - family dwellings. Item 6 Section 3.109 Staff will further consider the PUD standards, seek the input of the public and the Planning Commission, and return to Council with recommendations. Item 7 Section 3.110.08 Staff will further consider the prohibition of permanent signs on undeveloped lots, seek the input of the public and the Planning Commission, and return to Council with recommendations. Item 8 Section 3.110.11 At the request of the City Council, the Ordinance sections allowing for variances for non - conforming signs were removed. Item 9 Section 5.104.01 The Ordinance will add a note in Section 5.104.01 to describe when improvements are required on annexed property. Item 10 The Ordinance will simplify the section numbering. 14