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
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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-
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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.
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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.
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