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Minutes - 05/12/2003 COUNCIL MEETING MINUTES MAY 12, 2003 TAPE READING 0001 DATE. COUNC~L CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, ST ATE OF OREGON, MAY 12, 2003. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Veliz Present Absent Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Community Development Director Mulder, Police Chief Russell, Park & Recreation Director Westrick, Asst. City Engineer Torgeson, Senior Engineering Tech. Scott, City Recorder Tennant 0062 ANNOUNCEMENTS. A) City Hall and the Library will be closed on Monday, May 26th, in observance of the Memorial Day holiday. The Aquatic Center will be open on May 26th. B) Pending Council action under agenda item 10K, the regular Council meeting scheduled for May 26,2003 will be held on May 27,2003 at 7:00 p.m.. C) Beginning Sunday, May 25t\ the Library will be closed on Sundays during the summer months. The Library will resume Sunday hours on September 7,2003. D) Recreation and Parks Board Open House and Workshop on Sett1emier Park will be held on May 13, 2003 in the City Hall Council Chambers. The Open House begins at 6:00 p.m. and the workshop begins at 7:00 p.rn.. E) Budget hearings for the City Budget and the Urban Renewal Budget will be held on Saturday, May 17, 2003, 10:00 a.m. in the City Hall Council Chambers. The published hearing notice indicates a start time of9:00 a.m. but the time has been changed to 10:00 a.m.. F) Cascade Surge opening ceremonies will be held at Legion Park on Saturday, May 17th, at 7:05 p.m.. G) Woodburn Interchange Open House will be held on May 29,2003, from 5:00 pm to 7:30 pm in the United Methodist Church Fellowship Hall, 700 N. Cascade Drive. It was noted that there are 2 open houses planned as part of the public involvement portion of the 1-5 Interchange Environmental Assessment and she encouraged the public to attend an open house and offer input as part of this process. Page 1 - Council Meeting Minutes, May 12, 2003 " COUNCIL MEETING MINUTES MAY 12, 2003 TAPE READING H) The Skate Park. ribbon cutting ceremony will be held on May 31, 2003, Settlemier Park at 10:30 a.m.. I) Telephone directories can be recycled using the curbside recycling containers. 0255 PROCLAMATlpN: FIBROMYALGIA AWARENESS DAY. MAY 12.2003. Mayor Figley proclaimed May 12, 2003 as Fibromyalgia Awareness Day within the City in an effort to recognize the needs of people suffering from this chronic illness and to urge citizens to support a cure and assist those individuals and families who are dealing with this disease on a daily basis. 0400 CHAMBER OF COMMERCE REPORT. Greg Lundeen, representing the Chamber of Commerce, updated the Council on the following Chamber events: 1) the Chamber Golf Toumament scheduled for May 16th at the Senior Estates Golf Course has been canceled until June 20th due to standing water on the golf course. 2) On May 20t\ the Leadership Youth Program will complete their community project of painting a mural in the lobby of the Woodburn Children's Center and in building a can shed to collect reusable cans for the Habitat for Humanity program. 3) On May 21 S\ the Chamber lunch forum will be held at the Tukwila Center for Health and Medicine and the Leadership Youth group will be graduating from this year-long program. The Chamber will also honor Mid-Valley Bank and Woodburn Together who are the major sponsors of the Youth program. 4) On May 22nd, Business After Hours will be at Renaissance Homes in Tukwi1a, 733 Fairview Crescent, from 4:30 pm until 6:00 pm. He also provided updated statistical information on the Chamber's Visitor Center which includes informational packets, telephone inquiries, on-site visits, e-mail inquiries, and website hits. Mayor Figley stated that the Chamber has a very good web site and she encouraged the public to visit the website. 0620 CONSENT AGENDA. A) approve the regular and executive session Council minutes of April 14, 2003; B) receive the Woodburn Livability Task Force minutes of February 4,2003; C) receive the Woodburn Livability Task Force minutes of March 25, 2003; D) receive the Library Board minutes of April 16, 2003; E) receive the Recreation and Park Board draft minutes of April 8, 2003; F) receive the Planning Commission minutes of March 27,2003; G) receive the Planning Commission minutes of April 10, 2003; H) receive the Planning Commission draft minutes of April 24, 2003; I) receive the Woodburn Public Library Strategic Plan 2002-2006; Page 2 - Council Meeting Minutes, May 12,2003 r-.' TAPE READING r- COUNCIL MEETING MINUTES MAY 12, 2003 J) receive the Wopdburn Public Library Board By-laws; K) receive the Library monthly report for April 2003; L) receive the BUllding Activity report for April 2003; M) receive the Planning Activity Tracking Sheet dated May 1,2003; N) receive the report on Cascade Surge at Legion Park; 0) report from Police Chief on Changes in Operations for Salvador's Bakery III; and P) report from Police Chief on Street Closure and Sound Amplification Permit for Mother's Day event at Warzynski Plaza. Councilor Cox questioned ifthe Library Board by-laws need to be approved by the Council or can the Council just accept the by-laws. Attorney Shields stated that the by-laws do not need to be approved by the Council. Councilor McCallum brought up for discussion item 8(0) since he is concerned about what the City can and cannot do regarding liquor licenses. In this case, the initial license recommendation was for a restaurant. The proposed change would exclude persons under the age of21 after 9:00 p.m. and the establishment would then become a dance hall or tavern. Even though the business owner has run an good operation in the past, he is concerned about the number of alcohol establishments in the area in addition to Highway 99E being a designated as safety corridor due to the number of automobile accidents along that stretch of roadway in which alcohol usage is a factor. Chief Russell stated that he had questioned OLCC regarding the change in operation and OLCC informed him that the change in operation did not constitute a license change. He met with Mr. Larios who entered into a voluntary compliance plan which is now before the Council for review. This plan contains similar compliance conditions that other local establishments are asked to comply with who conduct similar operations. Even though the compliance is voluntary, he feels that it becomes binding once it is agreed to and it becomes part of the compliance plan that the department works under with the licensees during the year. OLCC takes the position that it is not a license change, therefore, the local government does not have input on the license. Councilor McCallum stated that his general concern is that there could be a change in an establishment's operation that is completely different in nature than what the license was originally approved for by the local government. Police Chief Russell stated that OLCC licensing does not differentiate between a restaurant or dance hall, however, the business owner must disclose all of the operations they will be doing under the OLCC license. Councilor Sifuerttez questioned if Salvador Larios fully understood the conditions in the Compliance Plan and whether or not he had any issues with the conditions. Chief Russell stated that the Compliance Plan was explained to him in both English and Spanish and he did not mention any problems with the plan. Councilor Veliz questioned if the Compliance Plan is a standard practice. Page 3 - Council Meeting Minutes, May 12, 2003 COUNCIL MEETING MINUTES MAY 12, 2003 TAPE READING Chief Russell stat~d that any business which will have dancing and after-hours adult only dancing are asked to sign a compliance plan that is very similar to the one signed by Mr. Larios. Councilor Cox questioned if the business change will meets all City land use regulations. Community Development Director Mulder stated that Mr. Larios had originally submitted an application to expand the restaurant to add the dance hall but the application had a number of problems and Mr. Larios decided to withdraw the application. It is his understanding the Mr. Larios had utilized some ofthe restaurant area to make it into a smaller area dance floor and his establishment is in compliance with the Development Ordinance. It was also noted that a dance hall is an outright permitted use in the land use zone in which the business is located. Councilor McCallum questioned ifthere are any types of fire regulations that are different from a restaurant to a dance hall. Director Mulder stated that he is unsure as to whether or not there are any differences in fire regulations. MCCALLUM/NICHOLS... approve the Consent Agenda as presented. The motion passed unanimously. 1495 COUNCIL BILL 2445 - ORDINANCE VACATING A PUBLIC UTILITY EASEMENT (Joy ViIla~e Subdivision). Councilor Sifuentez introduced Council Bill 2445. Recorder Tennant read the two readings ofthe 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 2445 duly passed with the emergency clause. 1570 COUNCIL BILL 2446 - ORDINANCE ADOPTING A SUPPLEMENT AL BUDGET FOR FISCAL YEAR 2002-03. Council Bill 2446 was introduced by Councilor Sifuentez. The two readings ofthe bill were read by title only since there were no objections from the Council. Administrator Brown stated that the staff report reflects the need to increase the insurance appropriations in the Water and Wastewater funds and the revised ordinance distributed just prior to this meeting includes those appropriations. Since the contingency appropriations are being reduced in each of those funds, there is no change in the bottom line appropriations in those funds. No one in the audience commented on the proposed supplemental budget. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2446 duly passed with the emergency clause. Page 4 - Council Meeting Minutes, May 12, 2003 T-- COUNCIL MEETING MINUTES MAY 12,2003 TAPE READING 1746 COUNCIL BILt 2447 - ORDINANCE ESTABLISHING A FILMING PERMIT PROCESS~ SETTING FEES~ AND PROVIDING FOR PENALTIES. Council Bill 2441 was introduced by Councilor Sifuentez. Recorder Tennant read the two readings of the bill by title only. In regards to procedure, Councilor Cox stated that emergency clauses should be used only when it is a true emergency since the public should have an opportunity to refer an ordinance to the voters and, with the ordinance taking effect right after passage, it gives the public less time to follow the legal steps necessary to put it before the voters. He was not going to vote against this Council bill since it included the emergency clause, however, he hoped staff would look at each ordinance carefully before including an emergency clause. Councilor Cox stated that the $1,000 application fee for a commercial operation is not unreasonable, however, for small operations or non-profit organizations, he felt that there should be some procedure in place that would allow for a lesser fee level depending upon the filming group's budget. Administrator Brown stated that there is a company interested in filming within our community in June and having an ordinance in place immediately will allow the City to regulate this type of activity. Councilor Cox stated that he is amenable to going ahead and adopting the Council Bill at this meeting with the understanding that the Council will revisit the fee schedule within the next few months. Councilor McCallum expressed his concern that, even though the City is taken care ofwithin the proposed ordinance, the neighborhoods may not have the same protection. If permission is given to a filming company, then the neighborhood should have some input before the filming permit is approved. Discussion was held regarding neighborhood exposures and actions the City can take to reduce potential problems that may arise as a result of a filming project. Mayor Figley felt that Section 4 of the proposed ordinance includes a number of safeguards which should provide the City and neighborhoods protection at this time. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2447 duly passed with the emergency clause. 2883 COUNCIL BILL 2448 - ORDINANCE ANNEXING 4.69 ACRES OF PROPERTY INTO THE CITY (828 PARR ROAD). GRANTING ZONE CHANGE FROM COUNTY URBAN TRANSITION FARM TO CITY PUBLIC AND SEMI-PUBLIC APPROVING ~ONDITIONAL USE APPLICATION CASE NO. 02-08. APPROVING DESIGN REVIEW APPLICATION CASE NO. 02-19. DENYING VARIANCE NO. 03-03. APPROVING VARIANCE NOS. 03-04 AND 03-05. AND APPROVING EXCEPTION TO STREET RIGH OF WAY AND IMPROVEMENTS REQUIREME;NT APPLICATION CASE NO. 03-03. AND ATTACHING CERTAIN CONDITION~ Council Bill 2448 was introduced by Councilor Sifuentez. The two readings ofthe bill were Page 5 - Council Meeting Minutes, May 12,2003 'r-~-' COUNCIL MEETING MINUTES MAY 12,2003 TAPE READING read by title only since there were no objections from the Council. Mayor Figley stated that a correction needs to be made in the title in that the property is located west of Elana Drive. It was noted that there was no other reference in the ordinance to the location being east of Elana Drive. MCCALLUM/SIFUENTEZ.... amend the caption to change "East of Elana Drive" to "West of Elana Drive". The motion passed unanimously. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2448 duly passed. 3296 COUNCIL BILL 2449 - RESOLUTION RECOMMENDING V ALLEY ROLLING CORPORATION AS AN OREGON BUSINESS DEVELOPMENT FUND PROJECT. Council Bill 2449 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor McCallum questioned ifthis business would have any waste by-products that the City needs to be concerned with whether it be sewer, water, or garbage. Laura Hagenauer, President of Valley Rolling Corporation, stated that their company manufactures steel roofing and siding materials. They will be producing a steel scrap product that will be recycled and Cherry City metals will pick up the metal products which will be recycled in Salem. The production will be done inside the warehouse located at 310 Broadway Street. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2449 duly passed. 3514 COUNCIL BILL 2450 - RESOLUTION AUTHORIZING THE PROVISION OF FIRE PROTECTION WATER AND SANITARY SEWER SERVICES TO FOOD SERVICES OF AMERICA. INC. PENDING ANNEXATION. Council Bill 2450 was introduced by Councilor Sifuentez. 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 Figley declared Council Bill 2450 duly passed. 3590 COUNCIL BILL 2451- RESOLUTION ENTERING INTO AN AGREEMENT WITH MARION COUNTY FOR THE PURPOSE OF P ARTICIP A TING IN THE OREGON AGENCIES SIMPLIFIED INFORMATION SYSTEM (OASIS). Councilor Sifuentez introduced Council Bi1l2451. 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 Figley declared Council Bill 2451 duly passed. Page 6 - Council Meeting Minutes, May 12,2003 "r--'''-- COUNCIL MEETING MINUTES MAY 12,2003 TAPE READING 3698 COUNCIL BIL~2452 - RESOLUTION OF INTENT TO IMPROVE A PORTION OF WEST LINCOIj.N STREET BETWEEN CASCADE DRIVE AND LEASURE STREET. ADOtT THE LOCAL IMPROVEMENT DISTRICT. ADOPT THE METHOD OF A~SESSMENT. AND ESTABLISH A PUBLIC HEARING DATE. Councilor Sifuentez introduced Council Bill 2452. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Cox questioned why non-remonstrance agreement language is included in the proposed resolution. Mayor Figley stated that, in recent years, situations have occurred in which developments were approved and constructed well in advance of street improvements and the City did not take the sensible steps of either collecting money up front or getting a waiver of remonstrance thereby binding property owners to participate in an improvement project. Councilor Cox stated that a majority of property owners could submit a remonstrance that would still prohibit the improvement. If a majority of owners agree with the improvement, then the resolution establishes the local improvement district and there is no need for a non- remonstrance agreement to be recorded. City Attorney agreed with comments made by Councilor Cox in that, as a legal matter, this Council Bill does not need the non-remonstrance agreement language, however, there is no harm in leaving the language in the bill. Councilor Cox also questioned when the assessment formula is officially adopted since the resolution sets forth the assessment formula. He stated that there are two parcels of land in the improvement district in which the owners may object to inclusion and, if so, does the City still have the ability to amend the formula in order to move forward with the improvement assuming that the majority of the property owners are in favor of the improvement. Attorney Shields stated that, in his opinion, the Council has that discretion and the formula and amounts are established in the ordinance. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2452 duly passed. 4533 CONTRACT AWARD: STREET RESURFACING IMPROVEMENTS (Bid #23-11), Bids for resurfacing Workman Drive, Garfield Street, and McLaughlin Drive were received from the following contractors: Morse Bros., $98,488.50; Parker Northwest, $106,349.50; Roy L. Houck Construction, $118,480.50; D & D Paving, $122,344.00; Salem Road & Driveway, $124,323.00; and North Santiam Paving, $132,121.25. Staffrecommended the acceptance of the low bid which was 30% below the engineer's estimate of$140,000. NICHOLS/MCCALLUM... award the construction contract to the lowest bidder, Morse Bros., for resurfacing Workman Drive, Garfield Avenue, and McLaughlin Drive in the amount of $98,488.50. The motion passed unanimously. Page 7 - Council Meeting Minutes, May 12, 2003 'r----- COUNCIL MEETING MINUTES MAY 12,2003 TAPE READING 4575 CONSULTING ~ERVICES: LIBRARY SPACE UTILIZATION PLAN, Following review of seven proposals from architectural firms, the Library Director has recommended that the proposal submitted by Hennebery Eddy Architects be accepted by the Council. NICHOLS/COX... approve the selection ofHennebery Eddy Architects with Buffalo Design to complete a space utilization plan and/or library remodel/expansion project. The motion passed unanimoul>ly. 4627 MAY 26. 2003 COUNCIL MEETING, NICHOLS/MCCALLUM... move the May 26,2003 regular Council meeting to May 27, 2003. The motion passed unanimously. 4745 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Conditional Use 02-03, Design Review 02-11, and Variance 03-13 (Aquatic Center Chemical Separation Building). No action was taken by the Council to call this matter up for review. B) Planning Commission's approval of Design Review 02-12 and denial of V ariance 03- 01 (Coastal Farm Supply). Councilor Cox stated that he would not be calling this matter up for review but commented on how this application did have a lot of controversy. C) Planning Commission's approval of Conditional Use 02-05, Design Review 02-16, Variance 03-06, and denial of Variance 03-07 (City Water Treatment Plant at 1084 Country Club). No action was taken by the Council on this application. D) Planning Commission's approval of Conditional Use 02-06, Design Review 02-17, Variance 03-09 and Variance 03-10 (City Water Treatment Plant at 2225 National Way). No action was taken by the Council on this application. E) Planning Commission's approval of Design Review 02-14, Variance 03-08, Zoning Adjustment 02-03, and Exception to Right-of-Way 03-02 (West side of Carol Street). No action was taken by the Council on this application. 4802 CITY ADMINISTRATOR'S REPORT. A) Administrator Brown stated that development ofthe City budget is a team document and one of the team members, Finance Director Gillespie, was injured in an accident over the weekend. With him being out of the office, it will delay the final checking of numbers before the budget document is ready for the Budget Committee for final review. Staff is working on trying to get the document ready by the end ofthis week since the budget hearing is scheduled for Saturday, May 17, 2003. Page 8 - Council Meeting Minutes, May 12, 2003 r"_O COUNCIL MEETING MINUTES MAY 12,2003 TAPE READING B) He brought to .the Council's attention the new agenda item format which will not only have consistency in appearance but has, at the bottom, initial lines to make sure that the Administrator, Attorney, and Finance Director had an opportunity to review the documents. In the future, staff hopes to be able to have a better control on budget items as they come before the Council and, if applicable, budget adjustments would be made when the transfer is approved rather than waiting until mid-year or at the end of the fiscal year to make the adjustments. Revenue adjustments will continue to require a supplemental budget but appropriation transfers can be taken care through resolutions or ordinances without any specific notice requirements. C) Administrator Brown stated that he and Director Mulder went to Salem today to the Governor's office and Senator Courtney's office to discuss the City's upcoming application for an Urban Growth Boundary amendment. The purpose of the meetings was to look for assistance in trying to get the expansion through in a timely and, hopefully, trouble-free way so that the City can advance its industrial development needs and advance the Governor's industrial development needs. The City's Planning Consultant, Greg Winterowd, and a representative from Opus Northwest (owner of a large parcel within the UBG expansion area) also attended the meetings. 5260 MAYOR AND COUNCIL REPORTS. Councilor McCallum expressed his appreciation to the Mayor, Council, and department heads in contributing to the Relay for Life event thereby securing a major sponsorship for the City. He also congratulated the School District for its "Back to School" week in which a number of adults participated in. Lastly, on behalf of the Livability Task Force, he thanked participants at the Clean-up and, even though it was poor weather, there were over 60 volunteers. Councilor Sifuentez stated that she had attended the Strategic Planning for the high school last week and was encouraged by our youth's willingness to look into the future for meeting the strategic plans that began several years ago. With the Library's Strategic Plan recently adopted, she felt that Woodburn as a whole is striving to envision what are community will look like over the next 10 to 20 years. Councilor Nichols stated that he is constantly amazed when going into Salem the number of people who now talk about Woodburn with praise rather than downgrading our community. These individuals are now acknowledging that Woodburn is a good community which is continuing to grow. He also enjoyed his experience at Valor during the "Back to School" week program. Councilor Veliz stated that yesterday's Mothers Day event in downtown Woodburn was a huge gathering and it looked like everything went well. He also congratulated all ofthe high school students, staff, and volunteers on an excellent May Day production at the high school. He stated that he had participated in the Strategic Planning process and one thing he noticed is that there is collaboration between the City, Woodburn School District, Chemeketa, and Page 9 - Council Meeting Minutes, May 12, 2003 r--'- COUNCIL MEETING MINUTES MAY 12,2003 TAPE READING other major organizations which is helping to maximize our taxpayer's dollars. Mayor Figley stated that the Mayor's Youth Summit was very enlightening and productive and follow-up meetings will take place in the future. She will be working on various things to improve communications between adults and youth within our community. She also stated that the Mayor's Prayer Breakfast will be held on Saturday, May 17th, 7:30 a.m., at the United Methodist Church Fellowship Hall. This event is sponsored by the Kiwanis and individuals interested in attending can obtain tickets from former Mayor Jennings or other Kiwanis members. 6049 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660( 1)( d) to conduct deliberations with persons designated by the governing body to carryon labor negotiations, and ORS 192.660(1 )(f) to consider records that are exempt by law from public inspection. MCCALLUM/SIFUENTEZ.... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 8:25 p.m. and reconvened at 8:39 p.m.. 6076 Mayor Figley stated that no decisions were made by the Council while in executive session. ADJOURNMENT. NICHOLS/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjo '\ b'd-tcJ 3 ATTEST /YJ ~--+ Mary' Tent, Recorder City of Wood bum, Oregon Page 10 - Council Meeting Minutes, May 12, 2003 r-.-----.'.---..--. Executive Session COUNCIL MEETING MINUTES May 12, 2003 DA TE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 12,2003. CONVENED. The Council met in executive session at 8:30 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Veliz Present Absent Present Present Present Present Present Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant The executive session was called under the follow statutory authority: 1) to conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(1)(d); and 2) to consider records that are exempt by law from public inspection pursuant to ORS 192.660(1 )(f). ATTEST fY/~-r;:.~ Mary T e t, Recorder City of Woodburn, Oregon ADJOURNMENT. The executive session adjourned at 8:37 p.m.. Page 1 - Executive Session, Council Meeting Minutes, May 12,2003 r -~-'-------'-"---'--'-