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Minutes - 02/23/2004 COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 23, 2004. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bj elland Cox McCallum Nichols Sifuentez Veliz 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, Police Chief Russell, Parks & Recreation Director Westrick, Finance Director Gillespie, Sr. Engineering Technician Scott, Recorder Tennant 0051 ANNOUNCEMENTS. A) Greenway Task Force - Mayor Figley announced that positions are still available for this new Task Force which is being formed to develop greenway plans within the Parks Master Plan. Private property owners along the greenway are encouraged to participate and individuals interested in being appointed to the Task Force need to contact Parks and Recreation Director Randy Westrick for an application form. B) Filing Period for Mayor and Council Positions: The filing period will begin on Friday, February 26, 2004 and conclude on Tuesday, August 24, 2004 at 5:00 p.m.. Positions to be voted upon at the November 2,2004 general election are as follows: Mayor At-large position (2 year term) Councilor - Ward I Precinct 815 (4 year term) Councilor - Ward II Precinct 825 (4 year term) Councilor - Ward VI Precinct 865 (4 year term) C) Woodburn Public Library Board - Positions are currently open for this Board and citizens interested in serving can obtain an application form from the Mayor's office. 0244 APPOINTMENTS. Planning Commission: Mayor Figley provided background information on Richard Knoles, 1213 Goose Creek Rd, who she is appointing to Position 2 on the Planning Page I - Council Meeting Minutes, February 23,2004 '-"Y-... ....-.. ". ....-.._.. ....__...~._. -.. COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING Commission with his term to expire on December 31, 2007. NICHOLS/COX... approve the appointment of Richard Knoles to the Planning Commission with a term expiration date of December 31, 2007. The motion passed unanimously. Greenway Task Force: Park & Recreation Director Westrick stated that the 1999 Parks & Recreation Comprehensive Plan called for continuously publicly owned walking and bicycling pathways through the greenway. The National Park Service's Rivers, Trails, and Conservation program will be providing free technical planning assistance to the City. National Park Service consultant Alexandra Stone will be assisting our staff and Task Force in developing the plans and implementing the public involvement portion of assembling the master plan. The Task Force will have the following functions: 1) be a public sounding board for the plan; 2) assist in doing community surveys; 3) assist in doing inventory of resources; and 4) public information. A public workshop will be held in June to gather input on trails and to promote trails along the greenway. Once the plan is completed in late 2004, the Task Force will no longer be in existence as a planning group but it is hoped that these individuals will continue to be involved as a group to support trails and all of the qualities that trails can provide to a community. The Task Force is comprised of City staff, educators, health care community members, property owners, business owners, and community groups. The Task Force list before the Mayor and Council is not complete but has a sufficient number of members to move forward with the first meeting which is scheduled for March 2, 2004. Ultimately, the plan will provide a guide as to how land is acquired for greenways, how the land is developed, and how the land is managed. Once the plan is complete, staff will apply for recreational trail program funds through Oregon State Parks in addition to other granting agencies for funding pathway proj ects. Councilor McCallum questioned if the community clean-up listed on the Task Force work plan was a new clean-up or part of the Livability Task Force semi-annual clean-up. Director Westrick stated that they would be dove-tailing with the Livability Task Force efforts and he suggested that a member of the Livability Task Force be appointed to this committee. Councilor Cox questioned if the Task Force members actually represent the various interests or agencies or are they just affiliated with the group with no authority to speak for the interest or agency they represent. Director Westrick stated that the members are just affiliated with the interest or agency. Mayor Figley stated that a number of these members had attended an organizational meeting with Ms. Stone and were interested in serving on the Task Force. She stated that her vision for this group is that they are appointed members but if other interested persons attend the meetings they will also have the ability to participate in the discussions. The Mayor appointed the following individuals to serve on the Task Force: Dan Page 2 - Council Meeting Minutes, February 23,2004 "--r-..._.... ....". _..."__._.._c.."_"..__."_,.__.._~.. COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING Hoynacki, Cathy Heisen, Joan Garren, Robin Straughan, Alison Stenger, Jeane Mey, Bruce Thomas, Tim Dickerson, Christopher Pister, David Ellingson, Tom Lonergan, Donovan Reyna, David Torgeson, and Jerry Simonsen. It was noted that staff is trying to get additional Task Force members representing the National Audubon Society and property owners who live along the greenway. COX/BJELLAND... approve the Mayor's appointment of Greenway Task Force members as provided within the agenda packet. The motion passed unanimously. 0925 PROCLAMATION. 1) Spay Day USA - February 24, 2004. Mayor Figley proclaimed February 24,2004 as Spay Day USA within the City and encouraged citizens to have their cats or dogs spayed or neutered or by sponsoring the spaying or neutering of another person's animal in order to reduce overpopulation of these animals within our community. 2) Girl Scout Week - March 7-13,2004. Mayor Figley also read her proclamation declaring the week of March 7-13, 2004 as Girl Scout Week in the City of Woodburn. 1097 PRESENT A TION - LIVABILITY TASK FORCE MEMBER RECOGNITION AWARDS. Mayor Figley stated that the Livability Task Force had received the statewide SOL V Community Group award because of their successful community clean-up projects and other projects such as the flower basket program. The Task Force was recognized when the SOL V representative had attended the Council meeting last fall, however, she offered another award to the Task Force for their work. She stated that the award is given to individuals who have done something special for our community. The City of Woodburn "Certificate of Accomplishment" award was presented to the following Task Force members: Lisa Ellsworth, Jane Christoff, JoAnn Bjelland, Mike Bergeron, Betty Guzman, Nancy Kirksey, Pete McCallum, and Phyllis McKean. 1357 CHAMBER OF COMMERCE REPORT. Pastor Ray Johnson, representing the Chamber of Commerce, stated that the Chamber was partnering with the Wooden Shoe Tulip Company to host a booth at the Yard Garden & Patio show at the Oregon Convention Center on February 27th through February 29th. A raffle has been put together by Woodburn area businesses as a promotional tool and it includes lodging, meals, golf, and a $500 shopping spree at the Woodburn Company Stores. Raffle tickets are $2.00 and will be sold through April 1 st. He also stated that the Distinguished Service Award winners will be announced in the February 25th edition of the Woodburn Independent. This is the 50th anniversary of the DSA and the dinner will be held March 12th at Country Meadows Village. Page 3 - Council Meeting Minutes, February 23,2004 .-...,-T"""..,.--..-..--.----.~-.-.-----..---.--- . COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING He also introduced Stephanie Patricio and Alana Pequeno who shared their experiences as members of the Youth Leadership program which is sponsored by the Chamber. Ms. Patricio and Ms. Pequeno gave a joint presentation on the monthly programs they had attended which included touring the Juvenile Center, MacLaren School, Juvenile Court, Silverton Hospital, Head Start program, and the Settlemier House. They both expressed their appreciation for being selected to participate in this program which gives them an opportunity to learn leadership skills for the future. 1760 COMMUNICATION - Letter from United Disposal Services. Inc. Mayor Figley stated that a letter had been received from United Disposal Services, Inc. informing the City that they had donated $7,512.00 during calendar year 2003 by providing 20 90-gallon street receptacles in the downtown area which were picked up weekly by their company. She expressed her appreciation to this company who has provided a lot of community service over the years not only as a company but through its employees. 1829 CONSENT AGENDA. A) approve Council regular and executive session minutes of January 26,2004; B) accept the Library Board minutes of January 14, 2004; C) accept the Recreation and Parks Board draft minutes of January 13, 2004; D) accept the Planning Commission minutes of January 8,2004; E) accept the Planning Commission minutes of January 15, 2004; F) accept the Budget Committee draft minutes of January 31,2004; G) accept the Library monthly report for January 2004; H) accept the claims for January 2004; I) accept the Crime Statistics Comparison 2002-2003 report; J) accept the Building Activity report for January 2004; and H) accept the Planning Activity Tracking report dated February 3,2004. Councilor McCallum stated that in the Council minutes of January 26, 2004, the number of curfew violations should have been 14 instead of 226. MCCALLUM/NICHOLS... adopt the consent agenda with the correction to the January 26, 2004 Council minutes. The motion passed unanimously. 1946 PUBLIC HEARING: ZONING TEXT AMENDMENT 04-01 - A PROPOSAL TO REVISE THE TEXT OF THE WOODBURN SIGN ORDINANCE. Mayor Figley stated that she had asked the Community Development Director to do a presentation in connection with this hearing in order to let the public see what is being talked about as far as size, height, content, and style, and to give the public an opportunity to ask questions without being a proponent or opponent on the proposal. Mayor Figley opened the public hearing at 7:37 p.m.. She also stated for the record that she does own a commercial building which does have a Page 4 - Council Meeting Minutes, February 23,2004 ---- --...-". '--'---'.--'" -------. _... COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING sign but she has no opinion as to whether or not this ordinance will affect her sign and she is not concerned about it since this proposal has global concern and any decision she makes will be based on public input. Community Development Director Mulder stated that he is having technical difficulties with the power point presentation and another staff member is trying to figure out what needs to be done to get the program operational. Mayor Figley declared a recess on this hearing until later in the meeting so that staff can try to resolve the computer problem. (See Tape 2 - Tape Reading 1875) 2349 PUBLIC HEARING: BOONES FERRY ROAD IMPROVEMENT. Mayor Figley declared the public hearing open at 7:40 p.m.. Public Works Director Tiwari reviewed the Local Improvement District (LID) process and this hearing has been called to receive public input either for or against the proposed improvement. In addition to the legal notice published in the local newspaper, letters were sent to all property owners identified in the Resolution ofIntent informing them of this hearing and information on the LID process. To date, the only written remonstrance received was from Dr. M.L. Tyler, 1034 N. Boones Ferry Rd., and a copy of the remonstrance has been distributed to the Council at this meeting. The project boundary is from Highway 214 north to Goose Creek. The estimated proj ect cost is $511,324 of which the City and ODOT (Oregon Dept. Of Transportation) will be funding $243,000 and the balance of $286,000 would be assessed to benefitted property owners. He reviewed the project design which includes 3 southbound travel lanes near the intersection and 1 lane traveling northbound, sidewalks, and bikelanes. The assessment of costs to properties within the assessment boundaries is a combination of trip generation (60%), front footage (20%), and land area (20%). Properties that have improvements along the front footage will be given a credit for their existing curb and sidewalk and these credits are outlined in the Resolution of Intent which was adopted by the Council on January 26,2004. Upon completion of the improvement, benefitted property owners will be given an opportunity to participate in the Bancroft Bond re-payment program and the estimated interest rate under this program is 6%. In the event there are cost overruns, the City will absorb the additional cost and the property owners will be charged only the estimated assessment amount. He recommended that the Council authorize staff to analyze the remonstrances received and provide a recommendation for further Council action. Director Tiwari also stated that Superintendent Walt Blomberg had planned on attending this hearing but would not be here until about 8:30 pm since he had another meeting to attend. He requested that this hearing be continued until he does arrive so that he can provide public input on this improvement project. Following the staff report, the Mayor called for testimony from proponents and opponents, however, no one in the audience came before the Council to offer testimony. At 7:57 p.m., Mayor Figley held the public hearing open for the purpose of waiting for Page 5 - Council Meeting Minutes, February 23, 2004 ~ _... ~ ._~ ... ~_... ---...... .....-..-.-......- COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING Supt. Blomberg to arrive and then allow him to provide testimony either in favor of or against the proposed improvement. Director Tiwari will provide his rebuttal statement following Supt. Blomberg's testimony and the Council will be able to ask questions prior to the closure of the hearing. (See Tape 1 - Tape Reading 6484) 3708 PUBLIC HEARING: SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2003-04. Mayor Figley declared the public hearing open at 7:58 p.m.. Finance Director Gillespie stated that the Budget Committee had reviewed the proposed supplemental budget as part of the mid-year review workshop held in January 2004. He reviewed the staff report that outlined the supplemental budget line item adjustments in revenues and expenditures. He discussed in more detail the proposed adjustments to the Police Department budget, the downtown plaza project, and water revenues. It was noted that the Council had adopted a resolution which took effect on December 1, 2003 that scaled back the originally established water rate increase taking into account the experience from the previous rate increase. He also stated that the proposed supplemental budget also includes an additional $830 in the Parks Department budget to pay off the East Hardcastle LID assessment for park property located within the boundaries of the LID. This expenditure was not included in the original report to the Budget Committee as part of their mid-year review work session. For all funds, the beginning fund balance is increased by $977,837, the revenue projections are increased by $875,451, the expenditure projections are increased by $480,845 and the operating contingencies are increased by $1,372,443. No one in the audience spoke either for or against the proposed supplemental budget. Mayor Figley declared the public hearing closed at 8:07 p.m.. NICHOLS/MCCALLUM... direct staff to prepare ordinance that will provide for a total increase in beginning fund balance of $977,837, revenues increased by $875,451, appropriations increased by $480,845, and contingencies increased by $1,372,443, as outlined in the staff report. The motion passed unanimously. 4554 COUNCIL BILL 2498 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2003-04. Councilor Sifuentez introduced Council Bill 2498. 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 2498 duly passed with the emergency clause. 4677 COUNCIL BILL 2499 - RESOLUTION AMENDING CERTAIN COMPENSATION STANDARDS FOR NON-UNION POLICE SERGEANTS. Council Bill 2499 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 2499 duly passed. Page 6 - Council Meeting Minutes, February 23, 2004 ---~-~", -.,' "~'''.'~''''-'.~--''''~-''''''~~ COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING 4744 LIQUOR LICENSE RENEWALS FOR 2004. COX/BJELLAND... recommend to Oregon Liquor Control Commission (OLCC) the renewal of the liquor licenses for the businesses listed in the staff report for the year 2004. Councilor McCallum stated for the record that he would be voting yes on this motion even though there are individual businesses on the list that he has some concerns about. Establishments listed in the staff report are as follows: Off-Premise Sales: 7-11 Store #2353-174l6B, Bi-Mart #643, Safeway Store #407, Crossroads Grocery & Deli, Salvador's Bakery I, E-Z Stop Market Grocery & Deli, Senior Estates Restaurant, Gary's Market #1, Woodburn Shop N Kart, The Raven Inn, O'Donnell Enterprises (AM-PM Mini Mart), OLCC Store #60, Su Casa Imports, Westview Texaco 1, Piper's jewelry, Woodburn Fast Serve (Woodburn Chevron), Roth's IGA Foodliner, Young Street Market, Woodburn Shell, Wal-mart, US Market, Your Northwest. Full-On-Premise Sales: Chu's Eatery, Los Cabos Mexican Restaurant, Lupita's , Eagles Lodge #3284, OGA Members Course, Elmer's Restaurant, La Sierra Restaurant, The End Zone Sports Bar, Elk's Lodge #2637, Rumors Bar & Grill & Bowers Steakhouse, Yun Wah Chinese Restaurant Limited On-Premise Sale: Abby's Pizza Inn, Pizza Hut, Arandas Taqueria, Salvador's Bakery III, Senior Estates Restaurant, Taqueria Guadalajara, D & D Restaurant, The Raven Inn, La Unica, Shari's of Woodburn, Denny's at Woodburn, La Palapa, Woodburn Lanes, Cactus Grill, Fonzie's Deli. The vote on the motion was 5-1 with Councilor Nichols voting nay. 4878 TRANSFER OF J.M. SMUCKER COMPANY WASTEWATER DISCHARGE PERMIT AND CAPACITY W ASTEW ATER DISCHARGE NICHOLS/COX... approve the transfer of the most current J.M. Smucker Company wastewater discharge limits to the Sabroso Company as follows: specific permitted load limits for a maximum peak of 800,000 gallons per day of flow, 4,300 pounds per day of Biochemical Oxygen Demand (BOD), and 2,700 pounds per day of Total Suspended Solids (TSS). The motion passed unanimously. 5012 2004 TOURISM AND ECONOMIC DEVELOPMENT GRANT AWARD. NICHOLS/SIFUENTEZ... award a 2004 Tourism and Economic Development Grant in to the Chamber of Commerce in an amount not to exceed $48,970; authorize the City Administrator to execute a fee for services agreement with the Chamber of Commerce; and authorize the City Administrator to negotiate an amendment to the agreement increasing the total grant to $50,000 to include elements of the Woodburn Downtown Associations' proposal in the Chamber's 2004 work plan. City Administrator stated that two proposals were submitted for the grant funding with the Chamber proposal focusing on their tourism and Visitor Bureau activities and the other proposal was submitted by the W oodbum Downtown Association that would have Page 7 - Council Meeting Minutes, February 23,2004 _'__...~..._~._".."".;"....._.__h..^...,.,~,' _'" ,."';".,"_.^...__.~~".,~..;...,-..,..,.'__,__~__.~ COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING developed a marketing brochure for the various Latino restaurants located in the downtown area. The Review Committee felt that the Chamber's proposal most closely reflected what the Council is trying to accomplish with this grant, however, they did like the WDA's proposal. The Committee felt that the dollars requested by the WDA were in excess of what was needed to accomplish their proposal. They suggested that staff work with the Chamber to see if it was possible to incorporate some additional aspect in the Chamber's marketing to deal with the downtown Latino restaurants and, ifit is possible, add some additional grant dollars to the Chamber grant. Councilor McCallum questioned ifplans are being made to open the Visitor's Bureau 7 days per week during the summer months. Jerry Wheeler, Chamber Executive Director, stated that the current Chamber budget provides for the office to be open 6-days per week during the summer months (reduced hours on Saturday) and there are no plans to open the office on Sundays during the summer months. In regards to the Oregon Garden, the W oodbum Chamber is a strong promoter of the Garden since a majority of tourists travel through Woodburn to get to the Oregon Garden and they stop at the Chamber office to obtain directions. Councilor Veliz questioned the status of the WDA proposal ifit is not combined with the Chamber's grant funding. Administrator Brown stated that the WDA would need to resubmit their proposal if it is not combined with the Chamber. It was noted that the WDA proposal was for approximately $7,500 and the intent of the Committee was to blend some aspect of their proposal into the Chamber's marketing if that was possible. In order to apply for grant funds, applicants need to be a local non-profit organization. The City had sent notices of funding availability to 6 or 7 different organizations within our community, however, only two applications were received. The motion passed unanimously. 6484 CONTINUATION OF BOONES FERRY ROAD LID PUBLIC HEARING. Mayor Figley continued the public hearing at 8:28 p.m.. Supt. Walt Blomberg stated that the improved roadway will provide better traffic flow in front of the schools and improved entrance/exit from the school property. The School District does support the proposed project and they understand that there will be some changes to their current parking lot, however, the City will be working with them to re- analyze their parking lot setup so that they do not lose any parking spaces. He expressed his appreciation in working with Director Tiwari who has involved the District throughout the process, listened to their concerns, and made some adjustments. He is confident that this project will be done well with little inconvenience as possible to the School District. Tape 2 Councilor McCallum thanked Supt. Blomberg for attending this hearing and providing supportive comments on the project that will improve the safety of the children walking Page 8 - Council Meeting Minutes, February 23,2004 -~<_.<~--r-......_~-'---.'_._._... ----..-.--.......-.-----.--.---.. COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING to and from school. Mayor Figley offered proponents and opponents of the proposed improvement another opportunity to provide testimony, however, no one in the audience spoke on this issue. Director Tiwari stated that he had been contacted by a couple of property owners during the recess of this hearing who live on the north side of the area to be improved who thought they were going to be assessed, however, since they live outside of the assessed area they left this meeting. In regards the remonstrance, Dr. Tyler objected to the traffic generation number used to calculate his share of the assessment. Dr. Tyler is stating that his business generates traffic generation of 30 rather than 57. The ordinance allows for analysis of the trip generation number by an independent professional engineer in the event the property owner feels that the trip generation number is less than the national average. Staff is willing to analyze the number if the Council so desires instead of requiring Dr. Tyler to hire an independent professional engineer to perform the analysis since it will cost Dr. Tyler more to hire the engineer than it would be to pay for his share of the assessment cost. If the staff analyzes the trip generation, it would be a basic review looking at their appointment records to determine if the trip generation number at the business to see if it is substantially less than the number which has been used from the Trip Generation book from the Institute of Traffic Engineers. This national book is the standard used by the City in determining trip generation numbers for residential, commercial, and industrial uses. He also stated that he had spoken with a representative from the Tukwila property who had suggested that properties within Glatt Circle also be assessed since they can exit from Glatt Circle across his property to Boones Ferry Road. Staff is not proposing that Glatt Circle properties be assessed since the private roadway is not a defined legal right-of-way. He reiterated that he has informed property owners that remonstrances need to be made in writing and if no comments are made by a property owner then it is assumed that the property owner is in agreement with the proposed improvement. Councilor Cox questioned if the assessment is being made on what the owner is now using or on the potential use of the property. Director Tiwari stated that the trip generation is looked at as it is today within the zone and establishment use according to the national Trip Generation book. The average in the book is the national standard and City ordinance does allow for a traffic study to be made by a professional engineer, at the property owner's expense, and the Council can make an adjustment to the trip generation number ifthey agree with the professional engineer's findings. Discussion was held between Director Tiwari and the Councilors to clarify how trip generation is applied based on current and future property use. Councilor Cox questioned as to why the property located at the north end of the project and on the east side of the roadway was not being assessed. Director Tiwari stated that the property is non-buildable low land and, consistent with what has been done in the past, the City has avoided assessing property that is on non- Page 9 - Council Meeting Minutes, February 23,2004 'I' COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING buildable land. In the event vacant property is buildable, staff uses the trip generation book utilizing current zoning as the basis for the number of trips. If there is an existing business, the trip generation average is used for that type of business. Stafflooks at a combination of methods to calculate the assessment (trip generation, front footage, and area) so that property owners pay their share according to the established Council policies. In regards to the 10% adjustment, there is an area owned by Tukwila which has a secondary access and the property use is not included in the trip generation manual so staff wanted to have the ability to analyze this particular assessment after the resolution adoption date and to be able to adjust the estimated assessment by no more than 10% of the original estimate in the resolution. Mayor Figley declared the public hearing closed at 8:58 p.m.. NICHOLS/COX... direct staff to prepare an assessment ordinance. Councilor Cox stated that he feels that the Council should stay with the trip generation numbers provided by the manual since clientele of a particular business can change at anytime. The motion passed unanimously. 1875 CONTINUATION OF PUBLIC HEARING - SIGN ORDINANCE. Mayor Figley continued the public hearing at 9:03 p.m.. Director Mulder stated that revising the sign ordinance was a Council goal during fiscal year 2002-03 and staff developed a revised draft which was completed in March 2003. The Mayor appointed a 9-member focus group to review the draft ordinance and they completed their review in November 2003. The "Final Focus Group Draft" ordinance was presented to the Planning Commission in December 2003 and a public hearing was held before the Planning Commission on January 15, 2004 to receive public input on this draft document. The Commission adopted a final order recommending Council approval of the Final Focus Group Draft ordinance subject to a revision in this draft to identify "blimps" as a prohibited sign. It was noted that the sign ordinance revision is being processed as a Type V legislative process and a periodic review task. The current sign ordinance was last revised in 1994 and the deficiencies in the current ordinance require a comprehensive revision. It is proposed that the current sign ordinance would be repealed and the proposed amendments would be incorporated in to the W oodbum Development Ordinance by adding a section containing sign regulations. He reviewed the general modifications to the sign ordinance which include (l)revisions to the definitions, (2) revisions to the permit procedures and requirements, (3) new design review requirement for pole signs and use of neon tubing on building exteriors, (4) revisions to the list of exempt and prohibited sign types, (5) new provisions allowing temporary signs on a limited basis, (6) revisions to sign regulations for all zoning districts modifying the number, are, height, and placement of signs permitted on a given piece of property, and (7) revised regulations pertaining to non-conforming signs. He stated that the revisions are consistent with the goals and policies of the Comprehensive Plan and no changes are Page 10 - Council Meeting Minutes, February 23,2004 .,.. ......-..,--. ,_. . .-.-..-.-. COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING proposed that would require an amendment to the City's Comprehensive Plan. Following the staff report, Director Mulder proceeded to begin the power point presentation, however, once again, technical difficulties prohibited the use of the computer for this presentation. Mayor Figley called for a short recess at 9: 17 pm and the meeting reconvened at 9:27 pm. 2972 Mayor Figley stated that the equipment was not operational, however, she offered the audience an opportunity to comment on the proposed sign ordinance revisions and stated that she would continue the public hearing to the next regular meeting at which time the presentation will be made. Alma Grijalva, 856 Gatch St., spoke on behalf of the Woodburn Chamber of Commerce and expressed their support of the process used to create the proposed sign ordinance. She thanked the Council and staff for the opportunity to work on the Focus Group and be a part of this process to develop the draft ordinance. They did have some issues that they were concerned with relating to the process and draft ordinance prepared by staff but they felt that they were able to work through the issues as a member of the Focus Group. She urged the Council to adopt the proposed ordinance with as few changes as possible. It is also their desire to hold a workshop or seminar that would provide a forum by which the City staff would be invited to attend and educate the business community on sign ordinance provisions and compliance issues. Charlie Piper, 2625 Meadow Lane, stated that, as a general rule, he is not in favor of sign ordinances however, since changes will be made to the existing ordinance, he has faith in the Focus Group and Planning Commission in that they have done a fair job in weighing both sides and coming up with the best case scenario. He encouraged the Council to adopt the draft ordinance as it has been presented to the Council. 3271 Richard Edmonds, owner of Woodburn Automotive and Mufflers, Hitches, & More (525 N. Pacific Hwy.), expressed his opposition to the draft ordinance. He stated that he had addressed several issues at the Planning Commission hearing and not all of his issues were answered by the staff or Commission at the hearing. He has been trying to get a sign for a several years but has been declined 3 or 4 times. The proposed ordinance will decrease the size of the sign for his multiple business from 150 sq. foot to 50 sq. feet. He disagreed with the proposed ordinance language that pertains to (1) the grandfather clause only being in effect until such time as it needs repair or replacement, (2) the prohibition of the internally illuminated awnings, (3) limitations placed on a reader board, (4) front footage determination, and (5) landscape requirements that promote installation of monument signs. In his opinion, the Focus Group was handpicked by the City and does not reflect the opinions of the businesses within the City. He objected to the proposed regulations that would further limit the ability of a business to advertise. He has been in the process of circulating a petition amongst businesses that would request the City to include their input in a new sign ordinance. Due to the amount of time it is taking him to meet with other business owners, he requested that the Council delay action on the new Page 11 - Council Meeting Minutes, February 23, 2004 I .._-~- COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING sign ordinance until the businesses have a time to review the proposed ordinance and make additions or deletions to the draft ordinance. Mayor Figley stated that the hearing will be continued for another two weeks and she encouraged anyone interested in providing input to contact the Community Development Department and/or attend the next regular meeting. NICHOLS/SIFUENTEZ.... continue the public hearing to March 8, 2004 at 7:00 p.m.. Councilor Bjelland stated that the reader board signs are addressed in the proposed ordinance but he did not see where the draft defined how often the reader board can change its message. Mayor Figley stated that this is one item that needs to come up under the discussion phase. Councilor Cox questioned if an off-premise sign, specifically the Fairway Motel, currently in place but the use for which the sign was originally installed is no longer there, can be rented to another individual for a totally different advertisement. In his opinion, the grandfathered sign should only be allowed as long as the underlying use for which it was originally erected is still in operation. He asked that staff provide information on this issue at the next meeting. Councilor Bjelland agreed with Councilor Cox, however, he was interested in finding out if there were any contract issues relating to sign rental that need to be addressed in the draft ordinance. Councilor Bjelland also brought up the issue of flags since it is defined as a sign but questioned if it created limitations under the sign code. 4440 Mayor Figley called for a vote on the motion to continue the hearing and it passed unanimously. 4700 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's approval of Partition 03-04 (1515 West Lincoln Street). No action was taken by the Council on this approval. 4735 MAYOR AND COUNCIL REPORTS. Councilor Bjelland stated that Mid-Willamette Valley Area Commission on Transportation (MW ACT) will meet on March 4, 2004 to review and prioritize projects that need to be developed so that they may be eligible for construction in the future. Of the eight development projects being considered, two are of interest to Woodburn with one of the projects being the North Marion County interchange study and the other project being the Oregon 99E/W oodbumlHubbard Highway improvement study. There are significant projects under review and he is unsure as to how high these projects will rate on the list of projects to be studied. He also informed the Council that he was reappointed as Vice Chair of MW ACT for the next year. Page 12 - Council Meeting Minutes, February 23, 2004 .- "..--. "._ .~. "_"".',,-"_M"". . COUNCIL MEETING MINUTES FEBRUARY 23, 2004 TAPE READING Councilor Sifuentez stated that there will be visitors from Japan within our community later next month and she requested ideas from the Council as to locations these individuals can visit that will be of interest to both teenagers and elders. Councilor Veliz announced that he will be stepping down from his Councilor position within the near future since he has purchased a new home in Woodburn which is located in a different Council Ward. He expressed his appreciation to the Mayor, Council, and citizens for their support during his tenure as Ward V Councilor. He plans on continuing to serve the City in whatever capacity he can since he will still be a resident of the City. 5236 Mayor Figley stated that there will be a need to appoint an individual to fill the position and she encouraged interested citizens to call her and discuss this opportunity. Councilor McCallum thanked Mayor Figley for appearing at the Relay for Life Kickoff event last week. This annual event will be held the last weekend in June and he stated that Mayor Figley has consented to lead the Mayor's walk. He also congratulated the High School Teen Scene program which is celebrating their one year anniversary today. The Middle School Teen Scene program will be celebrating their one year anniversary on March 15th. 5504 Mayor Figley stated that on February 20th she also gave a Certificate of Accomplishment to Sergei Zelenskei who also obtained the rank of Eagle Scout. She stated that he is one of two known individuals that has earned every badge that a Boy Scout can earn which is a remarkable accomplishment. Staff informed the Mayor that there was no need to hold an executive session. 5638 ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The meeting adjourned atl 0:00 p.m.. The motion passed unanimously. ATTEST fI1~~ Mary Ten ant, Recorder City of W oodbum, Oregon Page 13 - Council Meeting Minutes, February 23,2004 r