Agenda 04/14/2014
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ATHRYN IGLEYAYOR
ITY OF OODBURN
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ERESA LONSO EONOUNCILOR ARD
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ISA LLSWORTHOUNCILOR ARD
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ITYOUNCILGENDA
ETER CALLUMOUNCILOR ARD
JC,CWIV
AMES OXOUNCILOR ARD
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RANK ONERGANOUNCILOR ARD
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RIC ORRISOUNCILOR ARD
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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.Woodburn School District
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
A.El Día del Niño1
Presentations:
B.Residential Parking: Code Enforcement Presentation
6.COMMUNICATIONS
.
None
–
This allows the public to introduce items for Council
7.BUSINESS FROM THE PUBLIC
consideration not already scheduled on the agenda.
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-
6318at least 24 hours prior to this meeting.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-2485.**
April 14, 2014Council Agenda Page i
–Items listed on the consent agenda are considered routine
8.CONSENT AGENDA
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 Meeting minutes of March 24, 20142
Recommended Action: Approve the minutes.
B.Appointment as President of the Oregon Association Chiefs of 5
Police (OACP)
Recommended Action:Receive the report.
9.TABLED BUSINESS
None.
10.PUBLIC HEARINGS
None.
–Members of the public wishing to comment on items of general
11.GENERAL BUSINESS
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.
A.Woodburn Downtown Association Agreement6
Recommended Action:It is recommended that the City
Council authorize the City Administrator to enter into a
management agreement with the Woodburn Downtown
Association.
–
These are
12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
Planning Commission or Administrative Land Use actions that may be called up
by the City Council.
None.
13.CITY ADMINISTRATOR’S REPORT
14.MAYOR AND COUNCIL REPORTS
15.ADJOURNMENT
April 14, 2014Council AgendaPage ii
COUNCIL MEETING MINUTES
MARCH 24, 2014
DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF
0:00
MARION, STATE OF OREGON, MARCH 24, 2014
CONVENED
The meeting convened at 7:05 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor Figley Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallum Present
Councilor Morris Absent
Councilor Ellsworth Present
Councilor Alonso Leon Present
Staff Present:
City Administrator Derickson, City Attorney Shields, Public Works Director
Scott, Economic and Development Director Hendryx, Police Captain Alexander,Human
Resources Director Hereford, Community Development Director Row, Urban Renewal
Manager Stowers, Communications Coordinator Horton, City Recorder Pierson
ANNOUNCEMENTS:
0:01
The filing period for Mayor and Council positions will open June 4, 2014. Positions to be
voted upon at the November 4, 2014 general election are as follows:
Mayor: At-Large position (2-year term)
Councilor -Ward III: Precinct 835 (4 -year term)
Councilor -Ward IV: Precinct 845 (4 -year term)
Councilor -Ward V: Precinct 855 (4 -year term)
Candidate filing forms and instructions are available from the City Recorder and are posted
on the City website.
APPOINTMENTS:
Cox/Lonergan
… appointMason Willard Grabill Brownto the Woodburn Library Board.
The motion passed unanimously.
PROCLAMATIONS
0:02
A. Mayors Day of Recognition for National Service
B.American Red Cross Month
BUSINESS FROM THE PUBLIC
Ellen Bandelow, 199 Smith Dr., thanked Scott Derickson, the planning director, and
Councilor Lonergan, Cox and McCallum for meeting to discuss parking issues. She stated
that it was a good meeting and some of the ideas that came out of it to address the issues were
the City doing an education campaign for the public, articles in Woodburn Independent,
considering a new ordinance duplicating the one in the WDO, a thorough review of the
procedures for grandfathering a property, a thorough review of the follow-up after a
Page 1 - Council Meeting Minutes, March 24, 2014
COUNCIL MEETING MINUTES
MARCH 24, 2014
complaint has been made by someone in the public with an eye toward perhaps speeding up
that processand a removal of the no parking signs that refer to the street sweeper giving
residents more available parking on the city streets.
CONSENT AGENDA
0:10
A.Woodburn City Council minutes of March 10, 2014
B.Woodburn Recreation and Park Board minutes of March 11, 2014
C.Appointment of Public Works Director
D.Crime Statistics through February 2014
Item C.-Appointment of Public Works Director was removed from the consent agenda at the
request of Councilor Ellsworth who declared a conflict of interest and asked to recuse herself
Cox/Alonso Leon
from voting on this agenda item. … appoint Randy Scott Public Works
Director. The motion passed unanimously with Councilor Ellsworth not participating.
McCallum/Ellsworth
… adopt the Consent Agenda. The motion passed unanimously.
COUNCIL BILL NO. 2951 - AN ORDINANCE AMENDING ORDINANCE 2514
0:12
(TEMPORARILY PROHIBITING THE LOCATION OF MEDICAL MARIJUANA
FACILITIES) TO ADD THE IMPOSITION OF A MORATORIUM AS PROVIDED
BY SENATE BILL 1531 AND DECLARING AN EMERGENCYMcCallum
introduced
Council Bill 2951. Recorder Pierson read the two readings of the bill by title only since there
were no objections from the Council. Councilor Cox stated that he will abstain from voting if
the vote is going to be anonymous. Councilor Ellsworth stated that she is struggling with this
and believes that medical marijuana is helpful to those who need it. Councilor Lonergan
concurred but wants to make sure that it is not available to the wrong sort. Councilor
Ellsworth agreed. Mayor Figley added that this is not a prohibition but that this needs to be
addressed by the zoning code. On roll call vote for final passage, the bill passed 4-0 with
Councilor Cox abstaining. Mayor Figley declared Council Bill No. 2951 duly passed.
COUNCIL BILL NO. 2952 - A RESOLUTION NAMING A NEW CITY STREET
0:21
McCallum
introduced Council Bill 2952. Recorder Pierson read the bill by title only since
there were no objections from the Council. City Administrator Derickson provided a staff
report. Dick Pugh, 1880 Woodland Ave., stated that he supports naming the street “Memorial
Way” and naming the transit center the “Woodburn Memorial Transit Center”. Nancy
Kirksey, 1049 McKinley, stated that she feels the new street should be named after Tom
Tennant and that Mt. Hood Ave. should be renamed Cesar Chavez Blvd. Rick Puente, 925 N.
Cascade Dr., stated that he supports the street being named after Tom Tennant and that he
spoke with the Tennant family and they would be honored to have the street named after Tom
Tennant. City Administrator Derickson stated that the City is planning on placing a plaque at
the transit Center. Durrell Crays, 167 N. Settlemeier, stated that he thinks the current
memorial is rinky dinky and would like to see something more substantial done. He added
that he would like to see all new streets signs be bilingual. Councilor Lonergan stated that he
is in favor of naming the street Tom Tennant Way. Councilor McCallum stated he always
thought of the three individuals as a group and that the naming of the transit center
encompasses all of them and that he has no problem naming the street Tom Tennant.
Councilor Ellsworth stated that she believes that the street should be named after Tom
Page 2 - Council Meeting Minutes, March 24, 2014
COUNCIL MEETING MINUTES
MARCH 24, 2014
Tennant not only for his sacrifice to the City but for all the great things he did in the
community. Councilor Alonso Leon stated that though she appreciates what the officers did,
we have to remember the Latino community and there are no streets that represent that
population. She stated that naming this street “bienvenidos” is honoring all the Latinos who
are doing amazing things in this community as well. Councilor Cox stated that he is in favor
of naming the street after Tom Tennant.
Lonergan/McCallum
… to name the street after Tom Tennant.After a roll call vote the
motion passed 4-1 with Councilor Alonso Leon voting no.
Cox/Lonergan
…. the resolution be amended toname the street Tom Tennant Drive.After a
roll call vote the motion passed unanimously.
On roll call vote for final passage, the bill passed unanimously. Mayor Figleydeclared
Council Bill No. 2952 duly passed.
McCallum/Alonso Leon
…name the transit facility the “Woodburn Memorial Transit
Facility.” The motion passed unanimously.
CITY ADMINISTRATOR’S REPORT
1:01
The City Administrator stated that he has nothing to report.
MAYOR AND COUNCIL REPORTS
1:01
Councilor Lonergan stated that he would like City staff look at the issue of ice cream truck
music and would like to know if they fall under the noise ordinance and if they are required to
have a business license. City Administrator Derickson stated that they will look into it.
Councilor Alonso Leon stated that she participated in Woodburn Clean-up day and thanked
everyone who volunteered.
Councilor Ellsworth stated that the Kiwanis is having their annual bark dust sales and said
that she has heard complaints about the lighting at the company stores. Director Hendryx
stated that he will look into it and report back.
Councilor Cox stated that there was a similar complaint about those lights many months ago
and staff looked into it and reported back to Council that they don’t have the equipment to
measure the lumens. He stated if we need the equipment and its cheap lets buy it or hire
someone to check the lights for us. He also reminded people to ask door–to-door salesman
for their business license or solicitor’s license.
ADJOURNMENT
1:11
McCallum/Alonso Leon
…. meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:15 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 3 - Council Meeting Minutes, March 24, 2014
Agenda Item
April 14, 2014
TO:Honorable Mayor and City Council
FROM:Scott Derickson, City Administrator
SUBJECT:
Appointment as President of the Oregon Association Chiefs of Police
(OACP)
:
RECOMMENDATION
Receive the report.
:
BACKGROUND/DISCUSSION
I am proud to inform you that Woodburn Police Chief Scott Russell was recently
elected president of the Oregon Association Chiefs of Police (OACP) at its recently
held 2014 annual meeting. The OACP was founded in 1953 and consists of more
than 400 statewide members. Chief Russell’s high degree of professionalism, both
as Woodburn’s Chief of Police and as a statewide association leader is important
to the Woodburn community.
:
FINANCIAL IMPACT
None.
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance _x___
Agenda Item
April 14, 2014
TO:Honorable Mayor and City Council through City Administrator
FROM:Marta C. Trinidad, Community Outreach Coordinator
SUBJECT:
Woodburn Downtown Association Agreement
:
RECOMMENDATION
It is recommended thatthe City Council authorize the City Administrator to enter
into a management agreement with the Woodburn Downtown Association.
BACKGROUND:
The Woodburn Downtown Association has been involved in planning events
and festivals in downtown Woodburn since its formation in 1982. The
organization’s mission is “To promote thehistoric and cultural diverse heritage of
our community by providing opportunities that will encourage community-wide
investment in downtown Woodburn. To encourage ownership of downtown
through community participation in creating a beautiful, safe and economically
successful City of Woodburn.”
In 2012, after a brief hiatus, downtown business owners resurrected the WDAas
a means to stimulate economic activity downtown by planning events and
supporting downtown merchants. The organization subsequentlyentered into
an agreementwith the City that assigned them the role of lead organizer of
downtown events.
For the last two years, theWDA organization successfully planned two large
downtown events; Mother’s Day, and Mexican Independence Day. The City
and WDA collaboration resulted in the reduction of City staff hours used to plan
events and ultimately added to the overall quality of the events by increasing
community support, partnerships, ownership of downtown business, quality of
entertainment, and the reduction of noise complaints.
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance ___x__
Honorable Mayor and City Council
April 14, 2014
Page 2
With the large number of nearby residential dwellings, sound complaintsare an
inevitable side effect ofholding community events in the downtown core. While
the sound impact to downtown residents has always been a concern with large
events at the plaza, the WDA has takenprecautions to limit the noise impact to
the downtown neighborhood. The organization monitors noise at events, and in
the infrequent instances where a complaint is received, has been responsive in
reducing volumes to below the allowable level.
DISCUSSION:
The enclosed managementagreement with the Woodburn Downtown
Associationwillformalize the continuation of this partnership. The major tenants
of the agreement include:
The City will provide suitable locations for events organized by WDA.
o
The City will waive any Special Event Park Use permit fees.
o
The City willdetermine opening and closing times for events and the time
o
period when music is allowed.
The City willissue a Special Events Permit upon receiving a complete and
o
acceptable application from WDA.
The City willprovide limited logistical support and oversight during the
o
events planning phase, set-up, and operations.
The City willprovide on-call maintenance support for City owned property
o
and equipment for the duration of events.
The WDA willdevelop an annual events budget and a calendar of events
o
specifically identifying, but not limited to, activities needed to plan for and
execute the schedule events.
The WDA willprovide a written re-cap of the events program within 60
o
days following thelast scheduled event covered by this agreement.
The WDA’s planning process will be open to all WDA membersand
o
include input from any interested community members.
FINANCIAL IMPACT:
Since this is essentially an extension of the existing agreement, there will be no
direct financial impact to the City associated with this item.
Agreement for Services
between
City of Woodburn
and
Woodburn Downtown Association
This Agreement is made and entered into by and between the City of Woodburn, an Oregon
municipal corporation (hereinafter the “City”), and the Woodburn Downtown Association, an
Oregon non-profit corporation (hereinafter the “WDA”).
WITNESSETH:
WHEREAS
, the City acknowledges and supports the economic and cultural impacts
downtown events have contributed to Woodburn and wishes to honor and preserve the multiple
traditions that influence the community; and
WHEREAS,
the WDA and the City originated downtown events many years agoas a
means of stimulatingeconomic activity and community pride in downtown Woodburn; and
WHEREAS,
after a brief hiatus, the WDAdecided in 2012 to again assume the role of
leadorganizer for downtown events for the benefit of Woodburn businesses and the general
community; and
WHEREAS,
the City recognizes the importance of the WDA ensuring that downtown
events continue to grow and improve, and desires to provide its support through the terms and
conditions of this agreement; and
WHEREAS,
private/public cooperation between the City and the WDA isnecessary to
sustain downtown events;
NOW, THEREFORE,
in consideration of the terms, conditions, compensation and
performances contained herein, the parties hereto do mutually agree as follows:
Section 1. Term.
This Agreement shall commence on April 1, 2014 and shall terminate
onMarch 31, 2015.
Section 2. Termination.
This Agreement may be terminated at any time by mutual,
written consent of the parties or for convenience by either party upon written notice to the other
party of 30calendar days.
Section 3. City Responsibility. :
The City agrees to the following
A.To provide suitable locations for events organized by WDA.
B.To waive any Special Event Park Use permit fees.
C.To determine opening and closing times for events and the time period when
music is allowed.
D.Toissuea Special Events Permit upon receivinga complete and acceptable
applicationfrom WDA.
E.To notify the Woodburn Police Department of events for which a Special
Events Permit has been issued.
F.To provide limited logistical support and oversight during the events planning
phase, set-up, and operations.
G.To provide picnic tables, trash cans andelectricalservice, based on
availability.
H.To provide on-call maintenance support for City owned property and
equipment for the duration of the downtown events.Refusecollection services
shall be at the expense of the WDA.
I.To assist in the promotion of covered events, depending on the availability of
resources.
Section 4. Responsibilities of WDA
. The WDA agrees to thefollowing:
A.To sponsor and conduct low cost family-oriented events consistent with the
values and expectations of the community.
B.To abide by Woodburn’s Park Regulations Ordinance and Special Event
Policies unless waived by the City.
C.To make arrangements for all event set-up and clean-up.
D.To develop an annual events budget and a calendar of eventsspecifically
identifying, but not limited to,activities needed to plan for and execute the
schedule of downtown events. The events budget and calendar of events shall
be referred to as the WDA’s “DowntownEvents Program.”
E.To submit the Annual Downtown Events Programto the CityAdministrator
and the Community Services Director by April 15, 2014. WDA may add or
delete events after the Annual Downtown Events Program is submitted to the
City, but will make every reasonable attempt to do so with at least 14 days
advance notice.
F.To provide a written re-cap of downtown events program within 60 days
following the last scheduled eventcovered by this agreement.Once the
written re-cap is received by the City, theCity Administrator will contact the
WDA Presidentto schedule a City Council presentation of the re-cap.
G.The planning process will be open to all WDA members and include input
from any interested community members.
H.To utilize private securityas necessary to ensure the safety of event
participants, organizers, equipment, and City property. The City
Administrator and/ orChief of Policemayrequire the WDA to provide a
specificlevel of private security, as they may deem necessarybased upon the
nature of each individual event.
Section 5. Documents and Reports
. The WDA shall maintain books, records,
documents and other materials that sufficiently and properly reflect allexpenditures made
pursuant to this Agreement. Specifically, the WDA:
A.Agrees that the City shall have full access and the right to examineand copy,
during normal business hours, all of the recordsof the WDA with respect to
matters covered in this Agreement.Such rights shall last for ten (10) years
from the date a disbursement is made hereunder.
Section 6. Auditing of Records.
Upon thirty (30) days prior written notice, the City or
its agent shall have the right to conduct an audit or review of the WDA’s records reasonably
related to this Agreement. If an audit or review of the records determines that funds have been
inappropriately expended under this Agreement, or state law, the WDA shall take action to
remedy the situation tothe full amount identified in the audit as inappropriate. If the
inappropriately expended funds exceed $500, then WDA will pay the City for the cost of the
audit or review.
Section 7. Insurance.
The WDA shall provide and maintain at their own expense during
the term of this contract, comprehensive general liability insurance with a single limit of
$1,000,000.00 per occurrence. Such insurance shall be primary to other insurance maintained by
the City and shall name the City of Woodburn as additionally insured.
Section 8. Compliance with Federal, State and Local Laws.
The WDA agrees to abide
by all applicable federal and state statutes and regulations prohibiting employment
discrimination, and any other statutes and regulations pertaining to the subject matter of this
Agreement.
Section 9. Authority to Execute Agreement.
The WDA represents to the City that this
Agreement has been duly authorized by all necessary action on the part of the WDA and no other
corporate or other action on the part of the WDA is necessary to authorize the execution and
delivery of this Agreement. That this Agreement has been duly authorized by the Woodburn City
Council and the City represents to the WDA that the City Administrator has the power and
authority to bind the City to this Agreement.
Section 10. Legal Relations.
Neither the WDA, nor any employee, officer,official or
volunteer of the WDA shall be deemed to be an independent contractor, employee or volunteer
of the City. No liability shall attach to the WDA or the City by reason of entering into this
Agreement except as expressly provided herein.
Section 11. Indemnification.
The WDA agrees to be responsible for and assumes
liability for its own negligent acts or omissions, and those of its officers, agents, officials,
employees or volunteers while performing work or expending funds pursuant to this Agreement
to the fullest extent provided by law, and agrees to save, indemnify, defend and hold the City
harmless from any such liability. This indemnification clause shall apply to any and all causes of
action arising out of performance of work or expenditures of funds under this Agreement. The
provisions of this section shall survive the expiration or termination of this Agreement with
respect to any event occurring prior to expiration or termination
Section 12. Nondiscrimination
. The WDAshall comply with all applicablefederal,
state, and local laws, rules and regulations on nondiscrimination in employmentbecause of race,
color, ancestry, national origin, religion, sex, marital status, age, medical condition, or disability.
Section 13. Governing Law
. This Agreement shall be governed by and construed in
accordance with the law of the State of Oregon.
Section 14. Severability
. If any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
Section 15. Assignment
. Neither party shall assign the Agreement without written
consent of the other.
Section 16. Attorney Fees.
In any action brought by either party under this Agreement,
the losing party shall pay to the prevailing party a reasonable sum for attorney fees in such
action, or arbitration or appeal
Section 17. Entire Agreement
. This Agreement constitutes the entire Agreement
between the parties and supersedes all prior agreements, written and oral, between theparties.
No modification of this Agreement shall be binding unless in writing and signed by both parties.
Section 18. Notification
. All correspondence and notices related to this
Agreement shall be directed as follows:
If directed to the City:
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
Attn: Jim Row,Community Services Director
If directed to the WDA:
Woodburn Downtown Association
650 N. First Street / PO Box 96
Woodburn, OR 97071
Attn: Anthony Veliz, President
IN WITNESS WHEREOF, the WDA and City have, by approval of their respective governing
bodies, caused this Agreement to be executed.
WOODBURN DOWNTOWN ASSOCIATION
________________________________________ ________________________
Anthony Veliz, President Date
CITY OF WOODBURN
________________________________________ ________________________
Scott C. Derickson, City Administrator Date