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Minutes - 10/13/2003 COUNCIL MEETING MINUTES OCTOBER 13, 2003 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 13, 2003. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0008 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Veliz Present Present Present Present Present Present Present Staff Present: City Administrator Brown, Asst. City Attorney Won, Deputy Police Chief Youmans, Public Works Director Tiwari, Community Development Director Mulder, Parks & Recreation Director Westrick, Public Works Manager Rohman, Senior Planner Zwerdling, Building Official Krieg, City Recorder Tennant 0042 ANNOUNCEMENTS. A) Woodburn Annual Fall Clean-up will be held on Saturday, October 18th, from 8:30 am to 11 :00 am. Volunteers are to report to the Woodburn High School front entrance parking lot where clean-up assignments will take place. B) Public Hearing will be held on October 27, 2003 to obtain citizen views on the completed Cipriano Ferrel Education Center project and to solicit comments about the City's performance. She stated that this is a beautiful facility that the entire community can be proud of. C) Public Hearing will be held before the Council on October 27,2003 on a proposed Supplemental Budget for fiscal year 2003-04. D) Hermanson Pond workshop will be held before the Woodburn Parks & Recreation Board on October 14, 2003. The public is invited to attend an open house at 6:00 p.m. to learn more about the proposed project followed by a workshop at 7:00 p.m. Mayor Figley stated that a workshop will also be held on October 14th at Lupita's Restaurant located at Front and Garfield Street from 5:00 pm to 7:00 pm on the design of the proposed downtown plaza which will take the place of the half-block parking lot between Garfield and Hayes Street. The public is urged to attend to workshop in order to provide comments on the proposed design. Page 1 - Council Meeting Minutes, October 13, 2003 r "-~.~-'--.............,. 1 T COUNCIL MEETING MINUTES OCTOBER 13, 2003 TAPE READING 0190 APPOINTMENT. Mayor Figley appointed Phillip Lagao to fill the Position III vacancy on the Park & Recreation Board with his term to expire on December 31,2003. NICHOLS/MCCALLUM... approve the appointment of Phillip Lagao to Position III of the Park and Recreation Board. The motion passed unanimously. Mayor Figley stated that there may be another vacancy on the Park and Recreation Board and interested citizens are urged to apply for this board position in the event it becomes open. 0248 PROCLAMATION: A) Fall Clean-Up Month - October 2003. Mayor Figley read the proclamation declaring the month of October 2003 as Fall Clean- up month within the City. She urged local residents to take pride in our community by cleaning up their yards and to assist their neighbors and friends in their yard cleanup efforts during the month of October. The Livability Task Force is organizing the City- wide cleanup day which is scheduled for October 18th. B) Public Works Week - October 20 - 24, 2003. Mayor Figley read a proclamation declaring the week of October 20-24,2003 as Public Works Week in Woodburn. She urged residents to participate in the activities scheduled during this week and to recognize public works employees for their contributions to the health, safety, and comfort of our citizens. 0425 PRESENTATION. Mayor Figley introduced the City's new Building Official, Steve Krieg, who began employment with the City the latter part of September. Mr. Krieg provided the Council with a brief background of his prior work experience and expressed his enthusiasm in taking on the Building Official position with the City. 0527 CHAMBER OF COMMERCE REPORT. Mary Graves, representing the Chamber Board, provided the following information on upcoming Chamber events and activities: I) Chamber Forum lunch will be held on October 15, 2003 at Tukwila Center for Health & Medicine, 12:00 noon, with the guest speaker being John Mitchell, an economist with US Bank Corp, who will provide information on analyzing and forecasting the economy. 2) Greeter's Program will be held on October 17th at the Courtyard Cafe for a breakfast beginning at 7:00 a.m.. 3) Crystal Apple awards will be presented to recipients at the dinner scheduled for November 14, 2003 at Wittenberg Inn in Keizer. Nominations for these awards have increased dramatically over last year and it will be more difficult to select this year's winners. Page 2 - Council Meeting Minutes, October 13, 2003 r-'''- ""~'-,._-,.._-~_.~_.-_.. 'T COUNCIL MEETING MINUTES OCTOBER 13, 2003 TAPE READING 4) A shopping extravaganza at Woodburn Company Stores will be held on November 8th and six non-profit organizations, one of which is the Chamber, are being given an opportunity to raise money for their organization. The organizations sell the tickets at $15 each and they retain $10 of the ticket price. She encouraged interested persons to purchase their tickets from the Chamber to help them raise funds for their programs. 0740 CONSENT AGENDA. A) approve the City Council regular and executive session minutes of September 22, 2003; B) accept the Library Board minutes of September 10, 2003; C) accept the Planning Commission minutes of September 25,2003; D) receive the Library monthly report for September 2003; E) receive the Aquatic Center revenue comparison report for September 2003; F) receive the Police Department statistical report for the period of January 2003 through July 2003; G) receive the list of claims for the month of September 2003; H) receive the Building Activity report September 2003; I) receive the Planning Project Tracking Sheet dated September 16, 2003; J) receive the list of activities planned for Public Works Week for October 20-24,2003; and K.) receive the information on the changes to the fall Leaf Pickup Program. COX/BJELLAND... adopt the consent agenda as presented. The motion passed unanimously. 0814 PUBLIC HEARING: APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL OF DESIGN REVIEW 03-16 (770 N. Pacific Hi~hway). Mayor Figley declared the public hearing open at 7:15 p.m.. Recorder Tennant read the land use statement as required under ORS Chapter 197. Mayor Figley stated that she regularly drives by the site once or twice a day and, in addition, she has spoken with the applicant one time before the applicant's filing of the appeal. Councilor McCallum stated that he is also familiar with the property but has not been at the location since the new business has been in operation. Councilors Nichols and Bjelland stated that they are also familiar with the site. Councilor Cox stated that he has actually gone to the property to look at the site in preparation for this hearing but he has had no other contacts. Director Mulder stated that the applicant had appealed the Community Development Director's decision to approve a design review application to allow the conversion of a parcel of property previously used as a car dealership to a retail use specializing in the sale of produce. The site plan approval required access to E. Blaine Street which is a private roadway and an easement from the property owners would be required to provide Page 3 - Council Meeting Minutes, October 13,2003 r-'" ._.._..~....__.._---,...- T ..._..........,_.......__....~-,...__.._.~---. T COUNCIL MEETING MINUTES OCTOBER 13, 2003 TAPE READING traffic circulation to the retail business. Subsequent to the decision, the applicant appealed the decision on September 19t\ however, subsequent to that appeal, the applicant submitted a revised site plan to address the conditions of approval. The revised site plan will allow for on site circulation for access to Highway 99E thereby no longer necessitating the need to obtain an easement. Staff has provided the Council with revised findings and conditions that reflect the revised site plan which meets all of the requirements. Staff recommended that the Council approve Design Review application 03-16 subject to the modified findings and conditions. Councilor Bjelland questioned the process to be followed in making a final decision since the development ordinance allows for the Community Development Director to make a decision on this type of application. Assistant City Attorney Won stated that the appeal necessitates Council approval or denial by ordinance with applicable findings. Mr. Morrow, representing the applicant, stated that they are in agreement with the staffs recommendation. Mayor Figley declared the public hearing closed at 7:26 pm.. NICHOLS/MCCALLUM... concur with the modified findings in support of Design Review 03-16 and approve Design Review 03-16 with the modified conditions, and direct staff to prepare an ordinance to substantiate its decision. The motion passed unanimously. 1551 PUBLIC HEARING: CITY COUNCIL CALL-UP FOR REVIEW OF DESIGN REVIEW 03-14 "WINCO FOOD'S MODULAR" (400 Woodland Avenue). Mayor Figley declared the public hearing open at 7:26 p.m.. Recorder Tennant read the land use statement required by ORS Chapter 197. Councilor Cox stated that he has viewed the site from 1-5 and have driven onto the Winco property where this modular unit is proposed to be sited. Councilor McCallum stated that he has not driven onto the property but has tried to view the site location from 1-5. Mayor Figley stated that she has driven by the site and Councilor Nichols stated that he has also viewed the site from 1-5. Senior Planner Zwerdling reviewed the staff report on this application which had received the Community Development Director's approval to place a 320 sq. foot modular office building on the east side of the Winco property. This decision was called up for review by the Council at their September 8th Council meeting. The applicant, Iverson's Unlimited Inc., is proposing to place the modular office to the west of an existing truck check-in point to the Winco distribution facility. The office will be used by a contractor who unloads freight trailers at the docks. Councilor Cox stated that it was his understanding that the proposed office building is to be located at the base of, and adjacent to, the existing building. Page 4 - Council Meeting Minutes, October 13, 2003 'r""'---< ,,,..",,, "------....--.-"'r'" ,.-."-,,, ," ~ COUNCIL MEETING MINUTES OCTOBER 13, 2003 TAPE READING Ms. Zwerdling stated that she was unaware of any map showing the location adjacent to the existing Winco building. The proposed building will have vertical wood siding to match the vertical metal siding on the Winco warehouse, same paint color, a flat metal roof, and brick skirting. Jim Iverson, representing the applicant, stated that the modular unit would be placed next to the guard shack since the drivers nor his employees are not allowed on the Winco property until such time as they check-in. The proposed location is the most efficient location for them in order to expedite the unloading of the trucks. He stated that the building would be located about 70 feet away from the existing guard shack and about 170 feet away from the main building. It was noted that the building would be owned by Iverson's Unlimited Inc even though it is located on Winco property. Mayor Figley declared the public hearing closed at 7:43 p.m.. 2594 Councilor Cox stated that this was the first project reviewed under the new Woodburn Development Ordinance standards and, after re-reading the code section as to which standards should be applied, he did not feel that staff had addressed the provision that loading facilities should be located out of site or should be adequately screened from view. Even though it is a small building, he felt that the building should be out of sight since the building will not be made to look like the existing check-in building. Otherwise, the building should be located in the truck loading area where is out of the public view. Councilor Nichols stated that there is some landscaping along the east side of the property which should put the building out of the view of the public. Councilor Cox stated that some of the landscaping will put the building out of sight over the next two or three years, however, further south, he did not know if the trees would ever get large enough to screen the view. Councilor McCallum stated that security arrangements weighed heavily on the placement decision by the applicant and there seemed to be an attempt by the applicant to have the office building blend into the main building design. Councilor Cox stated that the existing check-in building has a red pitched roof and he would not object to the building at the proposed location if it had the same roof pitch, however, the applicant would have to incur more of an expense to change the roof pitch. Councilor Bjelland suggested that from an operational standpoint, it is reasonable to assume that the building should be at the proposed location, however, he would prefer to see the building designed more like the guard station if the Council has the right to enforce that type of action on this matter. Councilor Veliz felt that the trees would be sufficient to screen the building in the future since it is such a small building within the whole complex. Councilor Sifuentez expressed her opinion that the application should be approved if it meets the standards within the ordinance. Page 5 - Council Meeting Minutes, October 13,2003 r"" '----.~. -....,.. ---...T... . ...... -... __^''-~~",",'''''''~.'M,,"''"'''~.'''''''~.~'''~'.'..~..''''~'~_ "T COUNCIL MEETING MINUTES OCTOBER 13, 2003 TAPE READING Mayor Figley expressed her opinion that this building is very small compared to the main warehouse and she did not have any concerns regarding the Director's decision since the landscaping will eventually screen the building. BJELLAND/VELIZ.... concur with the Community Development Director's decision of approval for Design Review Case File No. 03-14. The motion passed 5-1 with Cox voting nay. BJELLANDIMCCALLUM... instruct staff to prepare an ordinance to substantiate the Council's decision. The motion passed unanimously. 3868 COUNCIL BILL 2475 - RESOLUTION ESTABLISHING EMPLOYEE COMPENSATION FOR MANAGEMENT / NON UNION GENERAL SERVICE EMPLOYEES. Council Bill 2475 was introduced by Councilor Sifuentez. 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 Figley declared Council Bill 2475 duly passed. 3972 COUNCIL BILL 2476 - RESOLUTION ENTERING INTO COOPERATIVE IMPROVEMENT AGREEMENT NUMBER 20911 WITH THE STATE OF OREGON. Councilor Sifuentez introduced Council Bill 2476. The bill was read by title only since there were no objections from the Council. Councilor Cox stated that the proposed street will be necessary no matter where Evergreen Avenue will eventually connect on out as it goes north of the existing roadway. However, he objected to the future extension of Evergreen to the north to connect at Country Club Circle. On roll call vote, the bill passed unanimously. Mayor Figley declared Council Bill 2476 duly passed. 4172 COUNCIL BILL 2477 - RESOLUTION REVISING GUIDELINES. PROCEDURES AND PROCESS FOR OBTAINING CITY TOURISM AND ECONOMIC DEVELOPMENT GRANT FUNDS PURSUANT TO ORDINANCE NO. 2057 (TRANSIENT OCCUPANCY TAX ORDINANCE). Council Bill 2477 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Veliz questioned ifthe revised grant requirements would apply retroactively to the Chamber of Commerce grant. Administrator Brown stated that it is his intent to apply it retroactively since the Chamber is having difficulty in meeting the match requirement for grant year 2002. It was noted that the Chamber was the only organization that submitted a grant application in 2002 Page 6 - Council Meeting Minutes, October 13,2003 <, -,_..--..,"~~;---_._-_.-._~>.~""'.,-_.._'-_.~~".....,--~-........ t COUNCIL MEETING MINUTES OCTOBER 13, 2003 TAPE READING which was subsequently funded by the City. Councilor McCallum stated that the grant program began in 2001 and problems do need to be worked out in order to make the grant program available to more non-profit agencies for tourism and/or economic development growth. Administrator Brown stated that the City would still be looking at the recipients ability to meet the City's various financial compliance guidelines in addition to meeting the 25% match requirement. If an audit is required, the grant recipient would be required to pay for the audit, however, the cost could be applied towards their 25% match. Based on current revenues received, the total amount of funds available for distribution under this grant program is approximately $40,000. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2477 duly passed. 4800 LEAGUE OF OREGON CITIES CONFERENCE AND BUSINESS MEETING. Councilor Sifuentez stated that she would be in attendance at the conference on Sunday. Councilor Veliz stated that he would be attending the conference but was unsure ifhe would be there for the program on Sunday. MCCALLUM/BJELLAND.... appoint Councilors Sifuentez and Veliz as delegate and alternate delegate for voting at the business meeting. The motion passed unanimously. 4992 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's approval of Zoning Adjustment 03-03 (1300 Astor Way). Councilor Cox stated that this matter has been topic of discussion in Senior Estates and, since there are no other front yard fences in Senior Estates at this time and to make it taller than the code allows, is sufficient reason to call this matter up before the Council for review. COX/NICHOLS... call the matter up for Council review. The motion passed unanimously. B) Planning Commission's approval of Design Review 03-12, Phasing Plan 03-02, and Variance 03-21 (north side of Stacey Allison Way across from Walmart). Councilor Cox stated that he had read the Planning Commission minutes and, after talking to the Commission's Chairman, expressed his concern with traffic impacts of this proposed project even though there may be limitations on what the City can do regarding this issue. Councilor McCallum agreed that traffic impact is one of several items that the Council should look at within this proposal. COX/BJELLAND.... call the matter up for Council review. The motion passed unanimously. Page 7 - Council Meeting Minutes, October 13, 2003 r-.' -.-,....--T'" T COUNCIL MEETING MINUTES OCTOBER 13, 2003 TAPE READING C) Planning Commission's approval of Subdivision 03-04 and Variance 03-24 (1851 West Lincoln Street). Councilor Cox brought to the Council and staffs attention a concern about protecting a tree which is adjacent to public right-of-way on West Lincoln Street. Councilor McCallum concurred with Councilor Cox that tree preservation is of high priority throughout our community. Councilor Nichols suggested that there be improved communication between Public Works and Planning regarding tree preservation. Director Tiwari stated that it is staffs intent to preserve the tree, however, it will require an easement provided by the adjoining property owner so that the sidewalk could circle around the tree in order to save the tree. 5700 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that staff has been working on methods to improve communications between management staff and to better inform employees about City issues so an employee who is the citizen's first contact will provide general information on projects but, more importantly, will give the employee information on which department or city employee will be able to provide the citizen with additional information on a specific issue. 5960 MAYOR AND COUNCIL REPORTS. Councilor Cox stated that two letters were received from neighbors of the Hermanson Pond project representing a different point of view than what was expressed by staff. He encouraged those individuals to attend the October 14th workshop to discuss their views with the Recreation and Park Board. Councilor Nichols stated that he had attended the dedication of the Cipriano Ferrel Education Center yesterday and there was a large turnout of citizens who were very enthusiastic about the facility. He was impressed with the support for this facility which will be a tremendous asset to our community. Councilor Veliz concurred with Councilor Nichols statement and added that this project shows what kind of partnerships can be created when efforts are joined together. He reminded the public that this facility is open to the community for use as meeting space and/or events and persons interested in reserving space need to contact the Farmworker Housing Development Corporation. Councilor Veliz also complimented the Recreation Department on the great job being done in the After School programs and Aquatic Center with both recreational activities being enjoyed by youth and adults. Councilor Veliz stated that this parents live off ofN. Boones Ferry Road and they are very happy with the progress of the project and with the professionalism of workers on the job site. However, increased truck traffic on the roadway is of a concern to them. Page 8 - Council Meeting Minutes, October 13, 2003 ,...-. .....-.. .... ---,...--r-------..~-.~~.-..-..----.-..-. COUNCIL MEETING MINUTES OCTOBER 13, 2003 TAPE READING Lastly, he urged citizens to attend both workshops on Tuesday evening to provide input on these upcoming projects which will increase the quality of life in our community. Councilor McCallum stated that he had attended the loath anniversary of S1. Luke's School on Friday evening, and on Sunday he attended the Cipriano Ferrel Education Center dedication. Tape 2 0002 In regards to the fall cleanup, he had recently been notified that the Livability Task Force had been nominated, and received, an Oregon community group award from SOL V (Stop Oregon Litter & Vandalism) for City cleanup efforts. The Task Force will receive the award in November at the Nike campus in Beaverton. SOL V representatives will be attendance at Saturday's event to take pictures and interview individuals. Councilor McCallum also questioned when the final paving would be done on Boones Ferry Road. Director Tiwari stated that most of paving was completed today and the paving of the approaches at the street intersections along Boones Ferry Road would be completed on Tuesday. 0128 Councilor Bjelland urged citizens to attend the workshops on Tuesday since they are projects being addressed that can have a significant impact on the City and specific neighborhoods. He also reported that a MW ACT meeting was held recently, however, there was no significant information to impart to the Council. There is conflicting information on how much money will be available to the Area Commissions on Transportation to invest in modernization projects in the future especially in light of the OTIA II and III funds that were recently approved by the legislature. Lastly, Councilor Bjelland stated that he would not be in attendance at the next regular Council meeting since he will be out of town. Councilor Sifuentez stated that the MacLaren School staff will be participating in the clean-up campaign on Friday, October 17th, by picking up litter along Highway 99E from the north city limits (Patrick Industries) south to AI's Garden Center. Mayor Figley expressed her congratulations to the staff, students, and alumni of St. Luke's School who recently celebrated their lOOth year anniversary. She also felt honored and privileged to be one of the speakers at the dedication of the Cipriano Ferrel Education Center. Persons interested in receiving a tour of this facility can contact the Farmworker Housing Development Corporation to set up a time for a tour. In regards to a new community center, the Mayor stated that she, along with other committee members, toured numerous community centers to see what type of facility could be built without incurring bonded indebtedness. She feels very optimistic about the approach now being taken to try and find funding for construction and operation in a responsible manner. Page 9 - Council Meeting Minutes, October 13, 2003 .. .-.,....~-.r--.--. ......- ..---.-........ .---~-.--- T COUNCIL MEETING MINUTES OCTOBER 13, 2003 TAPE READING 0380 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the statutory authority ofORS 192.660(1)(h) and ORS 192.660(1)(f). NICHOLS/MCCALLUM... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 8:38 p.m. and reconvened at 8:48 p.m.. 0403 Mayor Figley stated that no decisions were made by the Council while in executive seSSIOn. COX/MCCALLUM... Council authorize and direct the City Attorney to proceed with the appeal of the recent LUBA decision. The motion passed unanimously. 0455 ADJOURNMENT. NICHOLS/BJELLAND... meeting be adjourned. The meeting adjourned at 8:50 p.m. ATTEST (Y\~~ Mary Te nt, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, October 13, 2003 ..~_..~_....,.___~....~._......"..-._~...........H.......'''~''''''_~_.......__'''...........___"W".._._._;O.~""'"'.._'""'"..-.,,~,______ r Executive Session COUNCIL MEETING MINUTES October 13, 2003 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 13, 2003. CONVENED. The Council met in executive session at 8 :41 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Veliz Present Present 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, Asst. City Attorney Won, City Recorder Tennant The executive session was called under the following statutory authority: A) To consult with counsel concerning the legal rights and duties of a public body with regard to current litgation or litigation likely to be filed pursuant to ORS 192.660(1)(h); and B) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f). ADJOURNMENT. The executive session adjourned at 8:46 p.m.. ATTEST_(V\~T~ ~~ Mary 'Ie nt, Recorder City of Woodburn, Oregon Page I _ Executive Session, Council Meeting Minutes, October 13, 2003 po " . .....--,.- "-'r" . ........~ " ~..,"".,_~_._M.=.,'",....O-<.....'."..4"._ ,. .-.. ......,-.---.-.- r