Loading...
Minutes - 07/08/2002 COUNCIL MEETING MINUTES JUL Y 8, 2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 8, 2002. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Community Development Director Mulder, Finance Director Gillespie, Park Director Westrick, City Recorder Tennant 0065 ANNOUNCEMENTS. A) Music in the Park: Musical programs will be held in Library Park on Tuesday evenings at 7:00 p.m. beginning July 16th and concluding on August 27th. He urged the public to attend one or more of these programs which have been well-attended in the past. 0097 PROCLAMATION: JULY 2002 - RECREATION AND PARKS MONTH. Mayor Jennings read a proclamation declaring the month of July 2002 as Recreation and Parks month in the City and urged local citizens to visit our City parks, Aquatic Center, and the Community Center and to participate in a program or special event. 0245 CONSENT AGENDA. A) approve Council workshop minutes of June 18, 2002, and the regular and executive session minutes of June 24, 2002; B) accept the Planning Commission minutes of May 23,2002 and June 13,2002; C) accept the Community Center Planning Committee minutes of June 27, 2002; D) receive the summer water use informational report; E) receive the Police Department Activity Report for May 2002; F) receive the Planning Tracking Sheet dated July 2, 2002; G) receive the Building Activity Report for June 2002; H) receive the liability, auto, property, and workers' compensation insurance update; and I) approve the claims for May 2002. Page 1 - Council Meeting Minutes, July 8, 2002 1 COUNCIL MEETING MINUTES JULY 8, 2002 TAPE READING FIGLEYINICHOLS... consent agenda be adopted as presented. The motion passed unanimously. 0291 COUNCIL BILL 2397 (Second Readin~) - AN ORDINANCE AMENDING ORDINANCE NO. 2060 (PARK USE ORDINANCE) TO PROVIDE FOR USE OF ALCOHOLIC BEVERAGES IN CENTENNIAL PARK FOR EVENTS WHICH ARE CONDUCTED PURSUANT TO A SPECIAL EVENT PARK USE PERMIT WHERE A LICENSE HAS BEEN ISSUED BY OLCC. Council Bill 2397 was re-introduced by Councilor Chadwick. The bill was first read at the regular meeting of June 24, 2002, however, it has been brought back to the Council for final action since it did not receive unanimous approval at the meeting in which it was first introduced. Councilor Nichols requested that the bill be read in full for the second reading. Mayor Jennings directed the City Recorder to read the bill in full. Administrator Brown stated that this ordinance would allow large special event activities, such as the Berry Festival scheduled for the end of July at Centennial Park, the ability to dispense alcohol as part of the activities at that event. Current City ordinances have a prohibition against the use of alcohol in any City park since there had been a concern amongst a number of previous Councils with respect to individuals and/or groups drinking alcohol at anyone of the City parks. The policy before the Council, which is referred to in the proposed ordinance, would limit the ability of an organization or group to serve alcohol as part of a special event. Centennial Park has been chosen as a site for potential allowance of alcoholic beverages since it has only one access point thereby making it easier to provide for security to maintain control over the physical grounds, it is located outside of the neighborhood area, and it is outside of high traffic street areas. By requiring the special event park use permit, it will limit the access of people taking advantage of this provision to only those groups or organizations that are very serious and very responsible since there is a $1,275 permit fee and liability insurance requirements. At this time, the City's standard insurance requirement is $1 million, however, in the policy before the Council, it has $1 million as a minimum requirement and, based on staff review of the particular event, the insurance requirement could be higher. By paying the permit fees, it allows the user the sole use of the park and there would not be anybody other than that user in the park during the course of time in which the event is held. The policy contains provisions necessary to meet all OLCC regulations and guidelines relating to dispensing alcohol. The special event permit would require the submittal of a security plan by the applicant that would be reviewed by the Police Department. There is also a provision under the OLCC guidelines that would stop the service of alcohol to persons at a point before they became visibly intoxicated, and there would be a requirement for the serving of food in area in which alcohol is served. He reiterated that any group or organization, not just the City, could apply for special event park use permit that would Page 2 - Council Meeting Minutes, July 8, 2002 , COUNCIL MEETING MINUTES JULY 8, 2002 TAPE READING allow for the serving of alcohol at Centennial Park. At the last meeting, a question had arisen as to whether or not hard alcohol could be served under the proposed ordinance. Staff has done further research on this issue under OLCC guidelines and, in order to prevent the sale of any alcohol other than wine or beer, staff has amended the policy to limit the alcoholic beverages to wine and/or beer. Additionally, a provision has been added in the policy for insurance requirements. It was noted that the insurance requirement had been in the application for special event permit but the policy itself had been silent on this issue. Lastly, a provision was included in the policy that is consistent with the noise ordinance. Mayor Jennings stated that this issue is not a public hearing, however, he would be allowing Pastor Jones to address the Council since he has written a letter to the Council on this subject. 0945 Pastor Ray Jones, Pastor of Souls Harbor Church (Church of the Nazarene) in Woodburn, read his letter opposing the proposed granting of liquor licenses at Centennial Park. He expressed his objections based on the devastating effects alcohol has on families and society. He reviewed statistical information regarding alcohol related accidents and the effects alcohol abuse has on family members which may result in broken homes and child abandonment. He urged the Council to continue the prohibition of alcohol on City property. 1384 Councilor Nichols brought forth a recent article in the newspaper in which a motorcycle patrolman has filed a $29.5 million lawsuit against the bar that had served the driver who caused the accident on the basis that the driver was either served while already drunk or, as a result, became visibly drunk and had no control over the vehicle being driven. The patrolman had received serious injuries as a result of this accident. He expressed concern that accidents may occur as a result of an intoxicated driver driving west of Centennial Park on Parr Road not making one of the two sharp turns on that roadway. He reiterated that he strongly objects to allowing alcohol at a function being held on City property. Councilor Figley stated that she strongly supports the enhanced penalties provisions for violation of the parks special use permits which is more encompassing than the alcohol provision of the proposed ordinance. If the proposed ordinance is not approved, then she suggested that another ordinance be drafted that would provide for the enhanced penalties. Attorney Shields stated that the policy was written by staff and is not an exhibit to the proposed ordinance. The proposed ordinance gives staff flexibility within certain parameters as it relates to issuance to a permit since that will vary on a case by case basis. Councilor McCallum questioned if the $1,275 fee is waived if the City sponsors the event. Administrator Brown stated that the fee would be waived for city type of events since the primary thrust of the fee is to recover the City's cost of having to deal with the security, Page 3 - Council Meeting Minutes, July 8, 2002 ~.,. '''"--.'''''---'''-"'.~''''~--'~'''"---'~''~-'''''''-->-~ I COUNCIL MEETING MINUTES JULY 8, 2002 TAPE READING planning, and maintenance for that event. The City's Events budget would be taking care of the costs for those same items. Event fee revenues are placed in the General Fund and the City could designate those funds for use by certain departments such as Parks and Recreation. Councilor McCallum stated that, at the last meeting, he shared his concern regarding the City promoting this type of activity and using it as a fundraiser. This being the case, he was concerned about the City taking on more of these events as a fundraiser for special items that are not included in the budget. He felt that the Berry Festival event was important for Woodburn but did not want to see the City promoting sale of alcohol. Even though he is still struggling with this issue, he has come to the conclusion that people have choices and most people are responsible for their actions. 1971 Administrator Brown stated that, if this bill is passed, the City would be very particular about those agencies that the City would partner with, and the City's participation in one of these events would result in a community-wide benefit. Councilor Bjelland stated that he would support the proposed ordinance for the purpose of experimenting with this type of activity. He felt that the City had a degree of control through the policy and directions to City staff on what type of events the City should get involved with in the future. At this time, he only sees the Berry Festival as an City sponsored event of this type and, if things do not work out, the Council could go back to prohibiting alcoholic beverages in Centennial Park. He also felt that the special event park use permit provisions outlined by the Administrator strengthens the proposed alcohol use policy. Councilor Sifuentez stated that she has been struggling with this proposal since she has seen the impact of alcoholic use on families and children. Mayor Jennings reiterated that there will not children allowed inside the compound in which alcohol is being served. He stated that, in his conversations with staff, this will most likely be the only event during the year in which the City would be involved in that would allow for the serving of alcoholic beverages. Councilor McCallum thanked the staff for their work on this issue and he appreciated the comments made by Pastor Jones. As mentioned earlier, this issue may need to be addressed when a new community center is constructed and he would like to see what will occur if alcohol is allowed at Centennial Park as part of the Berry Festival. He expressed his opinion that it all comes back to a revenue issue and this type of event is good for Woodburn but not at the expense of the taxpayer. Mayor Jennings called for a vote on the bill and the vote was 3-3 with Councilors Nichols, Sifuentez, and Chadwick voting nay. Mayor Jennings stated that this is a difficult issue to vote on, however, in reviewing the restrictions in the ordinance and event policy, he felt that he would like to experiment with this event. He compared this event to the annual Hubbard Hop Festival which is an event that does not advertise its beer garden and he hoped that the advertisement for the Page 4 - Council Meeting Minutes, July 8, 2002 T COUNCIL MEETING MINUTES JUL Y 8, 2002 TAPE READING Berry Festival not be founded on the fact that there would be a beer garden. The Mayor voted aye and declared Council Bill 2397 duly passed with the emergency clause. 2580 COUNCIL BILL 2405 - ORDINANCE AMENDING THE COMPREHENSIVE PLAN MAP FROM LOW DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL AND AMENDING THE ZONING MAP FROM RS TO RM ON THE NORTHERN 2/3 OF CERTAIN 1.7 ACRE PROPERTY LOCATED AT 847 N. CASCADE DRIVE. AND APPROVING A SITE PLAN REOUEST FOR 2 RESIDENTIAL CARE FACILITIES. AND A 3-LOT PARTITION ON SAID PROPERTY. Council Bill 2405 was introduced by Councilor Chadwick. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Mayor Jennings questioned if the proposed ordinance designates Parcel 3 as a single family residential (RS) zone. Community Development Director Mulder stated that the partition designates Parcels 1 and 2 as multi-family residential and Parcel 3 as single-family residential. Councilor Bjelland stated that he had voted nay on the motion at the last meeting since he had problems with the site plan relating to the parking spaces. He questioned staff as to whether or not these issues can be addressed separately and voted on separately so that the Council is not placed in a situation in which a decision needs to made on the total package even though a Councilor may only be in favor of a portion of the package. Attorney Shields stated that there is a state statute that requires the City to consolidate land use actions when requested by the developer. He expressed his concern that, from a legal procedural viewpoint, a site plan review is subject to the 120-day rule and, if processed at the same time as a Comprehensive Plan amendment, the site plan review is not subject to the 120-day rule. He stated that, in many cases, it is difficult to process land use issues separately. Councilor Bjelland stated that he did not mean for the land use issues to be processed in a sequential manner rather the issues could be processed in a parallel manner and issues could be voted on as individual items as opposed to rolling them all into one vote. Attorney Shields stated that separating the issues will require multiple ordinances to be acted upon by the Council. Councilor Bjelland suggested that the issue on whether or not the Council has the right to split-up the issues or rolled into one vote at the same time be looked into further. He agreed that it would be beneficial to consider all the issues at the same time but whether or not it is legally required that it come up under one ordinance which is a pass/fail on all aspects of the land use issue for a particular parcel of property is a question he would like clarification on. Page 5 - Council Meeting Minutes, July 8, 2002 i W , COUNCIL MEETING MINUTES JUL Y 8, 2002 TAPE READING Mayor Jennings agreed that, in this case, his main concern was the parking issue even though the standards had been met by the applicant. Following some further discussion on the separation of land use issues, Attorney Shields stated that staff can look into the options that are available to the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2405 duly passed. 3326 COUNCIL BILL 2406 - RESOLUTION ENTERING INTO A SAFE DRINKING WATER REVOLING LOAN FUND FINANCIAL ASSIST ANCE AWARD. LOAN AGREEMENT. AND PROMISSORY NOTE WITH THE STATE OF OREGON. Council Bill 2406 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2406 duly passed. 3392 COUNCIL BILL 2407 - RESOLUTION ENTERING INTO COOPERATIVE IMPROVEMENT AGREEMENT NO. 18859 WITH THE STATE OF OREGON TO IMPROVE THE HIGHWAY 211 AND COOLEY ROAD INTERSECTION. Councilor Chadwick introduced Council Bill 2407. Recorder Tennant 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 Jennings declared Council Bill 2407 duly passed. 3452 LIOUOR LICENSE APPLICATION: US MARKET 109.398 N. Pacific Hiehway. A limited off-premise sales liquor license application was submitted by Lal Sidhu for a newly established grocery store to be located at 398 N. Pacific Highway. FIGLEY /BJELLAND... approve a limited off-premise sales liquor license for US Market 109 at 398 N. Pacific Highway. The vote was 5-1 with Councilor Nichols voting nay. 3538 AGREEMENT FOR URBAN RENEWAL CONSULTING SERVICES. Administrator Brown requested authorization to execute a contract with Jeff Tashman of Tashman Johnson LLC who has a particular strength in the on-going administration and legal aspects of an urban renewal district. The contract would provide for consulting services on a retainer basis as the City moves forward on the various steps to be taken in order to implement an urban renewal program. The consulting services contract would be limited to a maximum of $10,000 which was approved in the newly adopted city budget. NICHOLS/FIGLEY... agreement for urban renewal consulting services with Tashman Johnson LLC in an amount not to exceed $10,000 be executed by the City Administrator. The motion passed unanimously. Page 6 - Council Meeting Minutes, July 8, 2002 '1''' T COUNCIL MEETING MINUTES JULY 8, 2002 TAPE READING 3680 PLANNING COMMISSION ACTIONS. A) Site Plan Review 02-02: Winco Foods, 400 S. Woodland Ave. (addition to existing facility). No action was taken by the Council on this site plan which was approved by the Planning Commission. 3712 MAYOR AND COUNCIL REPORTS. Mayor Jennings thanked Councilor Nichols for the invitation to Souls Harbor Church on June 30th for the patriotic musical program which was a very uplifting program for him to attend. The Mayor stated that he spent all day at the high school on July 4th and he thanked the Police Department for their assistance and presence at this event. He also thanked the Fire Department for bringing out the Fire Prevention trailer which was also a popular children's attraction focusing on fire and home safety. Additionally, he thanked the voters for approving the school bond issue which upgraded the high school athletic field so that it can be considered as a multi-purpose facility. Since June 28th, it has been used as the site for the Cancer Relay for Life, the Drums of Fire program, and the annual July 4th community celebration. He thanked the high school staff for their assistance in working with the event coordinators to make these events a success. Councilor McCallum thanked the community for participating in the Relay for Life event, in particular, the walkers who were taking their turn during the windy and rainy weather conditions. When organizing the event, it was hoped that 10 teams would participate and they would raise $7,000 towards cancer programs. In the end, there were 33 teams participating and approximately $34,000 was raised to fight cancer. He stated that plans are already underway for next year's event. He also thanked the W oodbum School District for the use of the athletic field and, in particular Athletic Director Hank Vredenburg, for his assistance in getting the field ready for this and the subsequent events. Councilor McCallum stated that Marion County had a public hearing on July 3rd regarding a proposed public safety levy. Following the hearing, the Commission decided to place a measure on the November ballot for a 4-year, $14 million per year public safety levy. He stated that he had addressed the Commission as a private citizen asking them to seriously look at the concerns that the cities and other people had about the elements of the levy. He had suggested, barring any changes, that it should go to the voters to let them decide. The Commission's vote was 2-1 with Commissioner Milne voting nay and the levy was left as proposed by the Public Safety Council. One of his major concerns on this issue is that the Public Safety Council has recommended the levy over a 4 year period but they have not taken any steps to try and find another way to fund the juvenile center which will be a very expensive building if it is constructed. Page 7 - Council Meeting Minutes, July 8, 2002 ,_." ,._,,_,,___.....__.~__.___-....~___..............._._m..__.'~~.;.___......."'""..""-.....,,_......._______ or . , COUNCIL MEETING MINUTES JUL Y 8, 2002 TAPE READING 4477 Councilor Figley expressed her appreciation to July 4th organizers Larry Grosjacques, Vee and David Ott, and Mayor Jennings. Additionally, she thanked Mrs. Kristine Jones for her singing of the National Anthem. Approximately 600 flags were distributed to attendees at this annual event. Councilor Nichols concurred with the Councilors on the continued success of the July 4th Celebration at the high school. Additionally, a Patriotic Program was presented by members of the Souls Harbor Church and this community event, which has been held annually over the last 4 years, was well-attended this year. He congratulated the Surge Soccer Team for their # 1 standing in the northwest league. Councilor Bjelland stated that the City can be proud of the activities that have been put on in the City over the last 10 days. Councilor Bjelland reported that on Thursday, July 11th, the Mid-Willamette Valley Area Commission on Transportation will be addressing the prioritization of the OTEA and STIP funds for investing the transportation dollars in Oregon. He reviewed the legislative action which allowed for the selling of bonds to fund transportation projects state-wide. Of the $400 million authorized, the State will be selling $321 million in an effort to boost Oregon economy and take advantage of the favorable interest rates. With the lower interest rates, the legislators have authorized an additional $100 million in bonds and MW ACT will be addressing their recommendation for projects within this region for utilization of bond funds at the upcoming meeting. In regards to the 2005-07 STIP funds, the City's Hwy. 214 widening project was the second highest rated development project by MW ACT.. The cost to do the 1-5 interchange project is approximately $33 million of which almost half of the cost is related to right-of-way acquisition. Staff has looked at the feasibility of splitting the project into parcels since the entire Region 2, comprised of 4 Area Commissions on Transportation, will have approximately $33 million to divide among the 4 areas. He stated that Administrator Brown has been in contact with ODOT staff for the purpose of securing Woodburn's fair share of the upcoming STIP funds. He suggested that the City strongly consider moving forward with the acquisition of right-of- way in those areas around the project area that could be developed in the near future thereby locking in future right-of-way costs. Mayor Jennings agreed that the City will not get the total $32 million of STIP funds and looking at the right-of-way acquisition portion of the project should be considered. Administrator Brown stated that has been in contact with ODOT Region 2 staff who have indicated that the likelihood of the City getting the full amount of STIP funds is very slim. The $4.2 million for 1-5 interchange improvements is still in the STIP and it has been suggested that the Administrator write a letter on behalf of the Council asking MW ACT to move the project forward on the Development STIP as a $15 - $17 million project. He stated that an Environmental Review and other studies need to be completed over the next two years before a design is finalized. During this time, it will give the City Page 8 - Council Meeting Minutes, July 8, 2002 r' T COUNCIL MEETING MINUTES JULY 8, 2002 TAPE READING an opportunity to work with federal government representatives to try and secure federal funding to complete the project. By being on the development STIP, the City has an opportunity in the future to secure some construction dollars to make transportation improvements. The City will be asked to make a match of an amount larger than the amount available as of this date. Over the next two years, the studies will give the City an opportunity to update our Capital Improvement Plans and to implement a new TIF that would allow the City to collect more development funds in order to meet the match requirements. BJELLAND/FIGLEY... Administrator be instructed to draft a letter conveying the Council's decision to seek right-of-way and professional engineering costs associated with the improvement of the Woodburn interchange and associated widening of Highway 214. The motion passed unanimously. 6408 Councilor Sifuentez thanked the citizens for their involvement with the 4th of July event. She also stated that volunteers are needed to help the Farmworker Housing Corporation in painting 6 homes that were recently built in the area. Councilor Chadwick agreed with comments made by other Councilors in that our citizens should be proud of Woodburn and of the activities that they participated in over the last week. Mayor Jennings stated that there would not be an executive session. 6670 ADJOURNMENT. NICHOLS/MCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:31 p.m.. APPROVED ATTEST m~ ~~ Mary enn , Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, July 8, 2002