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Minutes - 01/12/2004 COUNCIL MEETING MINUTES JANUARY 12, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 12, 2004. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 055 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Veliz Present Present Absent Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Manager Rohman, Community Development Director Mulder, Parks & Recreation Director Westrick, Senior Planner Zwerdling, Senior CE Technician Scott, City Recorder Tennant Mayor Figley stated that Councilor Cox had mentioned at the last meeting that he would be out of town for this meeting. 0072 ANNOUNCEMENTS. A) City Hall and the Library will be closed January 19, 2004 in observance of the Martin Luther King holiday, The Aquatic Center will be open. B) Transportation System Plan Open House will be held on Tuesday, January 20, 2004, in the City Hall Council Chambers between 4:00 p.m. and 7:00 p.m.. 0092 APPOINTMENTS. Mayor Figley appointed the following individuals to City Boards and Commissions: Budget Committee: Stanley Milne (reappointment) and Flurry Stone (reappointment) - terms to expire December 31, 2006 Planning Commission: David Vancil (reappointment) and Frank Lonergan (reappointment) - terms to expire on December 31,2007 Recreation and Parks Board: Phillip Lagao (reappointment), Rosetta Wangerin (reappointment), and Ann Meyer (reappointment) - terms to expire on December 31, 2006. Mayor Figley stated that there are some additional appointments to be made, however, she will be talking to potential candidates and making appointments at a later date. NICHOLS/MCCALLUM.... approve the Mayor's appointments as presented, The motion passed unanimously. Page 1 - Council Meeting Minutes, January 12, 2004 .,' ,- ~'W."" "_,,."_'''"~.m''''~"_<''_<.__.'_'__._''''''''_'''' ~ ~.....~_..,.~"~ COUNCIL MEETING MINUTES JANUARY 12, 2004 TAPE READING 0172 CHAMBER OF COMMERCE REPORT. Patrick Vance, representing the Chamber Board, stated that 2003 was a successful year for the Chamber and he provided the Council with information on upcoming Chamber events: 1) Greeter's Program will be meeting from 7:30 am to 9:00 am on the following days: January 16,2004 at Cascade Park Retirement Center; January 23,2004 at Yes Graphics; and on January 30, 2004 at the Tukwila Center for Health and Medicine. The January 30th program will be the Relay for Life organizing meeting for this year's summer event. 2) Business after Hours will be Thursday, January 15t\ from 5:00 pm until 6:30 pm at Signworks of Oregon located at Woodburn Crossing. 3) The Chamber's Annual Dinner will be held on January 16th at Tukwila's Orchards Grille. He also introduced Katie Windsor, a Woodburn High School senior participating in the Youth Leadership program, who gave a short presentation on this program. Ms. Windsor reviewed the nomination procedure used to determine which youth are selected to participate in the program. She stated that this program is designed to help youth learn how to be a great leader in their community. The group meets monthly for one full day to learn from community and business leaders. This program provides the participating youth with an opportunity to be adventurous in their own community and to learn how leadership works within their community. On behalf of the Youth Leadership members, she thanked the Council for their support of this program. Mayor Figley also thanked the Chamber for their involvement in this educational program. 0623 LETTER FROM MID-WILLAMETTE V ALLEY COUNCIL OF GOVERNMENTS (COG). Mayor Figley stated that their annual meeting will be held on January 28, 2004 beginning at 6:00 p.m. at the Northwest Viticulture Center in Salem. 0648 LETTER FROM JOHANNA SOLORIO. Mayor Figley stated that a letter of apology had been received from Johanna Solorio who had been involved in a graffiti incident within the City and the Judge had ordered the apology letter as part of her sentence, 0700 Richard Jennings, 595 Filbert St., thanked the Mayor and Councilors for their service to our community and their ability to make decisions that are in the best interest of our citizens while still following federal, state, and local laws. He cited the following decisions as examples of the Council's commendable work: 1) land use action on property proposed to be developed near the 1-5 interchange; 2) retaining cedar trees on east side ofSettlemier Avenue near the Highway 214/Settlemier/Boones Ferry Road intersection improvement project; 3) completion of Phase I Boones Ferry Road Page 2 - Council Meeting Minutes, January 12, 2004 T- ~ ".~......".,._.~-~-~_. , COUNCIL MEETING MINUTES JANUARY 12, 2004 TAPE READING improvement; 4) good judgement involving the fence issue in Senior Estates; 5) completion of the Skate Park; and 6) Council review and modifications to the Park Master Plan. He also mentioned that he was glad to see that the Council will soon be addressing changes to the Sign ordinance. Mr. Jennings also addressed each Councilor, the Mayor, and staff on their contributions to our City over the years and willingness to make the extra effort to get the work done and improve the livability of our citizens, 1515 Sig Friedman, 1000 Friends of Oregon, 189 Liberty St NE, Salem, stated that the Council had been provided correspondence between his organization, the City Administrator, and the City's consultant Greg Winterrowd regarding Mr. Winterrowd's apparent conflict in interest in recommendations he has made to the City on the City's Urban Growth Boundary. His group has reviewed Mr. Winterrowd's response to the City and they find the response to be misleading. He stated that Mr. Winterrowd acknowledges receipt of payments from OPUS Development which is directly related to the parcel they own west of the freeway while under contract to the City to advise them of Urban Growth Boundary expansion issues. He feels that the report recommendations inflate the overall need for land and it is done in a manner that directly benefits OPUS Development. Additionally, he stated that Mr. Winterrowd's letter acknowledges that OPUS Development paid for his presence at meetings with Marion County and other agencies where he argued for inclusion of OPUS Development property within the urban growth boundary. Since the City has not made any decisions on the proposed urban growth boundary expansion, it was his opinion that Mr. Winterrowd had no business in appearing before the County or State or any other agency to advocate a particular position on the urban growth boundary while under contract with the City. He stated that the City consultant prior to Mr. Winterrowd concluded that no expansion of the urban growth boundary was needed in the foreseeable future and proposals to include large amounts of farm land in the urban growth boundary for industrial purposes were unrealistic. He also stated that Mr. Winterrowd's report identified scenarios which accommodate the inflated land need he projects with smaller expansion than what he recommends to the City. His organization believes that this conflict of interest seriously comprises the integrity of the public process and is unacceptable. Mayor Figley stated that the previous consulting work was done by McKeever & Morris and she questioned if Mr. Morris was still a Board member on 1000 Friends of Oregon. Mr. Friedman stated that Mr. Morris is a Board member and he believed that Mr. Morris was on the Board at the time his firm did the consulting work for the City. Mayor Figley stated that the City will have more than one public hearing on the proposed urban growth boundary expansion and she encouraged public participation in this process. She also stated that Mr. Winterrowd was not in attendance at this meeting to present his side ofthe story, but, regardless of the outcome of this process, the Council is committed to trying to base their decisions on the basis of facts, logic, and their own judgement on our community values. There will be points of views expressed involving Page 3 - Council Meeting Minutes, January 12, 2004 ..,.."'!r' T'" ....~~,....,..............."., COUNCIL MEETING MINUTES JANUARY 12, 2004 TAPE READING both sides of the expansion issue and it is hoped that facts will be addressed rather than personalities. Mr. Friedman stated that he also hoped that the facts will be addressed, however, conflict of interest is a serious matter that both the Council and staff need to recognize. 1992 Lolitta Carl, local farmer, stated that their fann area includes both Woodburn and Hubbard addresses. She is seriously concerned about the impartiality of having a consultant who is being paid by a landowner who wants their land included in the City's urban growth boundary. Since Marion County's major industry is agriculture, the Council needs to realize that surrounding farmers are big supporters of Woodburn and, as a local farmer, she is very concerned that the farmers are not being listened to by local government. She suggested that vacant land within the City be built upon before the urban growth boundary is expanded. 2212 Carla Michaelson, 17244 Arbor Grove NE, Woodburn, stated that her family owns property in Woodburn and they also have farm outside of Woodburn. She spoke on behalf of a group called Friends and Neighbors of Woodburn and shared their hope that they will be able to work with the Planning Commission and Council in a positive way as the urban growth expansion process moves forward. She is very concerned with the conflict of interest issue surrounding the City's consultant. She did not feel that Mr. Winterrowd's response was compelling or convincing and she hoped that the Council would carefully consider his report since his findings and recommendations may be questionable, She agreed with comments made earlier by Mr. Jennings and felt that the Council has been doing a lot of good for the City and she has confidence that the Friends and Neighbors of Woodburn will be able to work well with the City on the urban growth boundary expansion issue. 2537 Bob Lindsay, 7505 Windsor Island Road, Salem, spoke on behalf of Friends of Marion County who feel that there is a conflict of interest and he strongly suggested that the Council meet this issue head on and clear the air. If the Council chooses to move forward with this expansion, he stated that the report will come under extreme vigorous scrutiny and he did not feel that the City would want to have a cloud over this issue. 2659 Kay Peterson, 13740 Wilco Highway NE, Woodburn, stated that her family lives on a fann 3 miles outside of Woodburn but own a small business located on the comer of Evergreen Road and Stacy Allison Way. She stated that she and her husband both object to the expansion of the City's urban growth boundary with the main reason being that the boundary would expand onto prime farm land. In her opinion, the City should focus on attracting businesses that piggyback onto Woodburn's agricultural economic base. Since agriculture is the County's main industry, the City should try to attract businesses related to agriculture such as companies that make agricultural products. She expressed her concern regarding the consultant's acceptance of payments from the corporation that would like to be included in the urban growth boundary expansion while working for the City. She did not feel that she could trust the objectivity of the report that Mr, Winterrowd prepared for the City. Page 4 - Council Meeting Minutes, January 12, 2004 -r .. COUNCIL MEETING MINUTES JANUARY 12, 2004 TAPE READING 2838 Kathleen Decara read an excerpt from Mr. Winterrowd's response letter to Administrator Brown regarding payments from OPUS. She expressed her opinion that this is an unacceptable ethical lapse and the Council and City Administrator need to look at this serious breach of trust and to take appropriate steps to correct this situation. Mayor Figley thanked the audience for their comments and reminded them that there will be ample opportunity for public comment in the long and complicated process regardless of its outcome. 3008 CONSENT AGENDA. A) approve the regular and executive session Council minutes of December 8, 2003; B) accept the Recreation and Parks Board draft minutes of December 9,2003; C) accept the Planning Commission minutes of December 4,2003; D) accept the Planning Commission minutes of December 11, 2003; E) accept the Library monthly report for November 2003; F) receive the Building Activity report for December 2003; G) receive the Planning Tracking Sheet dated December 30, 2003; H) receive the Aquatic Center Revenue Comparison report; and I) receive the Recreation Division Participation & Revenue Comparisons report. MCCALLUM/NICHOLS.... adopt the consent agenda as presented. The motion passed unanimously. 3112 COUNCIL BILL 2492 - ORDINANCE LEVYING ASSESSMENT OF COSTS FOR EAST HARDCASTLE AVENUE IMPROVEMENTS FROM PACIFIC HIGHWAY 99E TO THE EAST CITY BOUNDARY. Council Bill 2492 was introduced by Councilor Sifuentez. Recorder Tennant read the two readings of 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 2492 duly passed with the emergency clause. 3240 COUNCIL BILL 2493 - RESOLUTION SETTING THE AMOUNT OF PARKS AND RECREATION SYSTEMS DEVELOPMENT CHARGE. ALTERNATIVE RATE REVIEW FEE. AND ALTERNATIVE PAYMENT REQUEST FEE IMPOSED BY ORDINANCE NO. 2250. Councilor Sifuentez introduced Council Bill 2493. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill received unanimous approval from the Council. Mayor Figley declared Council Bill 2493 duly passed. Page 5 - Council Meeting Minutes, January 12, 2004 . _. -.,...,-- ,".._--,," COUNCIL MEETING MINUTES JANUARY 12, 2004 TAPE READING 3337 ENGINEERING REPORT FOR BOONES FERRY ROAD IMPROVEMENT FROM STATE HIGHWAY 214 NORTH TO GOOSE CREEK. NICHOLS/MCCALLUM.... approve the engineering report for Boones Ferry Road improvement from State Highway 214 to Goose Creek and direct staff to prepare a resolution of intent to improve. Public Works Manager Rohman briefly reviewed the local improvement district process. The project area is located on Boones Ferry Road beginning about 50 feet north of Highway 214 and going north to Goose Creek where it will meet with the new improvement on Boones Ferry Road. In regards to lane configuration, there will be one north bound lane and two southbound lanes. One of the southbound lanes will be a right turn lane onto Highway 214 and there will be a southbound lane for thru traffic onto Settlemier Avenue. There will also be a center turn lane for the north portion of the project and then the center turn lane will turn into a left turn lane onto Highway 214. The total estimated cost of the improvement is $529,000 with $243,000 to be paid for by the City and ODOT and the balance to be assessed to benefitted property owners. It was noted that property owners will receive some credits for already improved areas along the street that have curbs and sidewalks. The cost assessed to the benefitted properties involved a combination of trip generation by each of the sites (60%), front footage (20%), and lot area (20%). It was noted that 3 lots do not have front footage so those lots will only be assessed based on trip generation and lot area. The motion passed unanimously. 3871 PUBLIC HEARING: ANNEXATION 02-01 AND ZONE CHANGE 02-02 (Property located at 600 and 610 North Pacific Hiehway - Industrial Weldine Supply Inc.). Mayor Figley declared the public hearing open at 7:52 p.m.. The Mayor and Councilors each stated that they drive by the location regularly and they have visited the site in the past. Recorder Tennant read the land use statement required by ORS Chapter 197. Senior Planner Zwerdling presented the staff report on the application submitted by Industrial Welding Supply Inc.requesting annexation of 1.15 acres of land and zoning designation of Commercial General (CG), The applicant is proposing annexation to allow for future property development to occur with the benefit of city water, sewer, and sanitary storm sewer services. Following the Planning Commission public hearing on this application, they adopted a final order recommending the approval of the annexation and zone change request. No one in the audience spoke either for or against the proposed land use application. Mayor Figley declared the public hearing closed at 8:01 p.m.. NICHOLS/BJELLAND.... approve annexation 02-01 and zone change 02-02 and instruct staff to prepare an ordinance to substantiate the Council's decision. The motion passed unanimously. Page 6 - Council Meeting Minutes, January 12, 2004 ..,.." ---~"'--"...., COUNCIL MEETING MINUTES JANUARY 12,2004 TAPE READING Tape 2 0115 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Design Review 03-22 and Variance 03-28: property located adjacent to 576 Ray J. Glatt Circle (proposed construction of office building) B) Planning Commission's approval of Design Review 03-20 and Variance 03-26: property located at 1000 Country Club Road (proposed construction of steeple and 27 new parking spaces) C) Planning Commission's approval of Partition 03-03 and Variance 03-32: property located at 865 Hardcastle Avenue (divide one parcel into two lots), No action was taken by the Council on the decisions made by the Planning Commission. 0230 CITY ADMINISTRATOR'S REPORT. A) Potential expansion of Metro Boundaries: Administrator Brown stated that an industrial land alternative analysis study was completed by Metro for the purpose of expanding their urban growth boundary, Metro is considering a number of sites to be considered one of which is located south of Wilsonville approaching the area of the Aurora airport. A meeting was held at Woodburn City Hall a few months ago whereby Marion County and Clackamas County cities were invited to discuss the issue with Marion County Commissioners. Last month, the Marion County Commissioners sent a letter to Metro stating their objection to expansion onto the properties south of Wilsonville and suggested that Metro take the additional policy step that they would not proceed south of the Willamette river. Marion County has asked Woodburn to join them in opposing the proposed expansion and to attend the January 20th study session with Metro to verbally express the City's views. He requested that he be allowed to write a letter on behalf of the Council that would reiterate the County's points as to why the expansion should not be considered and to speak about the City's own economic future and ability to attract high paying industry to our community. It was the consensus of the Council that the City Administrator proceed with writing a letter on their behalf and that the letter be reviewed by the Mayor before it is submitted to Metro at the January 20th meeting. 0559 MAYOR AND COUNCIL REPORT. Councilor Bjelland reminded the Council that MW ACT has a vacant position due to the resignation ofMt. Angel's Mayor from the commission. Any suggestions as to possible candidates need to be submitted to MW ACT staff or himself for consideration by MW ACT. He reminded the Council that finding an elected individual who is supportive of the 1-5 interchange improvement and any other projects that affects Woodburn or North Marion county would be beneficial in supporting our efforts to make transportation improvements within the surrounding area. Page 7 - Council Meeting Minutes, January 12, 2004 " ........"._,.__....__'4'-4.~_-I._--"..""....."...............^....."k._..._.,...~~........,..,~......~*......._....-~..,.....,.u_,~.-.... ..,.~.~<,.""."t"....~"., COUNCIL MEETING MINUTES JANUARY 12, 2004 TAPE READING Councilor Sifuentez thanked public works for keeping the streets clean during the recent snow and ice storm. Councilor Nichols also thanked the Street Department for cleaning up a clogged storm drain grate in his neighborhood which had turned into a traffic hazard as a result of the runoff from the snow and ice storm. Councilor Nichols stated that the Music Festival was a success and he thanked the Cable TV staff (WCA T) for their assistance in taping and re-playing the event on community access channel during the Christmas season for the community to enjoy. Councilor Veliz thanked former Mayor Jennings for his comments and reflections on the work that has been done by the Mayor, Council, and staff over the past year. He also thanked the following organizations and City departments: 1) the Chamber of Commerce and, in particular Jerry Wheeler, for their leadership as it pertains to the Student Leadership Program; 2) the Woodburn Downtown Association for the work they have done with the downtown tree lighting and other activities held in the downtown area; 3) the Parks and Recreation staff for their various programs and friendliness to program participants; and 4) Public Works staff for clean-up efforts following the recent storm.. Councilor McCallum stated that the Mayor will be the guest speaker at the Chamber Forum on January 21 st who will be giving her "State of the City" report. He also thanked former Mayor Jennings for his comments. Lastly, the City's quarterly newsletter was recently distributed to the public and he expressed his appreciation to staff for this excellent publication. 1063 Mayor Figley stated that reporter John Gervais did a great job on reporting the Court of Appeals decision pertaining to the LUBA decision, however, she wanted to clarify a few points: 1) the opposing party was awarded court costs which were about $100 rather than attorney fees that can be very high; 2) this decision did involve the Court of Appeals ruling that the Land Use Board of Appeals is correct in saying that it did not get jurisdiction over the appeals filed by the Cities Woodburn, Silverton, and Stayton; and 3) other litigation is pending as to whether or not LCDC had jurisdiction on this issue. Mayor Figley also thanked the Police and Public Works staff for the extraordinary job they did dealing with the snow and ice storms. She really appreciated all of their extra work including the door to door check in the area affected by the power outage. Additionally, she appreciated the fact that Woodburn was one of the few cities that did not completely close during the week due to the weather conditions. The Library did close for a short period of time and some departments were not fully staffed but City Hall was open which shows the extra effort on the part of the staff to provide a service to our community. Page 8 - Council Meeting Minutes, January 12, 2004 """ ..^_..,"'...._~.._...,,'."__'~.4"..__...--.-.......~~__~._'...........~___-.....---...,,,,_._..-,~,_.,...._.""t-'_. COUNCIL MEETING MINUTES JANUARY 12, 2004 TAPE READING 1330 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660(1) (h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed; ORS 192.660(1 )(f) to consider records that are exempt by law from public inspection; and ORS 192.660( 1 )( e) to conduct deliberations with persons designated by the governing body to negotiate real property transaction. NICHOLS/SIFUENTEZ... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 8:20 p.m. and reconvened at 9:02 p.m.. 1358 Mayor Figley stated that the Council took no action while in executive session. ADJOURNMENT. MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:03 p.m.. APPRO ATTEST ~~ Mary Term , Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, January 12, 2004 T'" "'" ~...~._-