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Minutes - 03/22/2004 COUNCIL MEETING MINUTES MARCH 22, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 22, 2004. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Present Present Present Present Present Present Staff Present: City Attorney Shields, Police Chief Russell (Administrator Pro-tern), Public Works Director Tiwari, Community Development Director Mulder, Recorder Tennant Mayor Figley stated that it was her understanding that a number of members in the audience were in attendance at this meeting for the purpose of testifying on issues relating to the Transportation System Plan, however, this was misinformation that was spread. The Planning Commission will be the discussing the Transportation System Plan in about 2 months and it will be on the Council agenda about 1 or 2 months after the Planning Commission's hearing. Notices of upcoming meetings on this issue will be published to alert interested members of the public of the meeting dates and times. 0090 ANNOUNCEMENTS. A) Local Greenway Field Inventory will be conducted on March 27,2004,9:00 a.m., at the Recreation and Parks Department. The public is invited to attend. B) Council Vacancy has occurred due to the resignation of Ward V Councilor Veliz. Citizens within this Ward interested in being appointed to the position are asked to contact the Mayor's office prior to 5:00 p.m. on April 7, 2004. C) Tulip Festival Parade will be held on Saturday, ApriI1?, 2004, 10:00 a.m., starting at the Aquatic Center and winding around the downtown area. D) Spring Clean-up will be held April 24, 2004 from 8:30 am to 11 :00 am. Volunteers are to meet at the Woodburn High School front entrance parking lot. 0312 PROCLAMATION - WOODBURN SPRING CLEAN-UP MONTH. Mayor Figley proclaimed the month of April 2004 as Spring Clean-Up Month and urged citizens, businesses, churches, and civic organizations to work together to make Woodburn a more livable City and to take pride in our community by participating in the city-wide cleanup effort. Page I - Council Meeting Minutes, March 22, 2004 -'-"-y--- .~.--.- - ..--. ._._-_.. . COUNCIL MEETING MINUTES MARCH 22, 2004 TAPE READING 0375 PROCLAMATION - DAVID ELLINGSON: CELEBRATING EDUCATIONAL EXCELLENCE DAY. Mayor Figley stated that she had made this proclamation last Wednesday in honor of David Ellingson, Woodburn High School Biology Teacher, who was recognized by an organization that was interested in tying the accomplishments of the Lewis & Clark Expedition with different educational elements in both history and sciences. Mr. Ellingson was one of a few national winners for this award. Additionally, she stated that Mr. Ellingson was also the recipient of a national award from Radio Shack for his abilities as a Science Teacher. She read her proclamation which proclaimed March 17, 2004 as the David Ellingson/Celebrating Educational Excellence Day. 0538 CHAMBER OF COMMERCE REPORT. Ruby Wolfer, representing the Chamber Board, stated that the Chamber's purpose is to advance and promote the economic and civic interests of Woodburn and the surrounding area. In an effort to fulfill their purpose, every Friday they have a Greeter's program at a local business from 7:30 am to 9:00 am and this program has resulted in the best networking system for the Chamber. Upcoming Chamber events are as follows: Greeter's Program - March 26, 2004: Leisure Time Spa, Glatt Circle April 9, 2004: Bowman Family Dental Office, Glatt Circle Business After Hours - April 8, 2004: Woodburn Shoe Tulip Farm (5:00 pm-6:30 pm) Forum Lunch - April 21, 2004: Tukwila Center for Health and Medicine with Marion County Commissioners Patti Milne and Janet Carlson presenting the "State of the County" address. She also distributed to the Council a copy of the 2004 Tulip Festival Calendar of Events. 0655 WOODBURN DOWNTOWN ASSOCIATION REPORT. Martin Ochoa, WDA President, stated that the WDA Annual Dinner will be held on April 17, 2004. This dinner is open to the public and will include food auctions. He reported that the March 21 sl downtown festival went very well and WDA looks forward to continuing these events in the future He also stated that the WDA will be participating in the Tulip Festival parade on April 17th. 0798 Keith Woolen, spoke on issues surrounding the City's transportation needs. He briefly reviewed his credentials which included a course in City planning which focused on the importance of perimeter planning. Woodburn has a perimeter plan but it has not really been developed to its fullest potential. He stated that he had brought this issue up before the Council twelve years ago and staff has assured him that the missing link will be filled so that the City can depend on using it as a resource. He briefly discussed the need to widen Highway 214 to 4-1anes to improve traffic flow and to construct a cloverleaf at the 1-5 interchange. The other connection is a perimeter road which involves the extension of Evergreen Road and making this roadway into a 4-1ane arterial. Even if Evergreen is only Page 2 - Council Meeting Minutes, March 22, 2004 .--,...-- COUNCIL MEETING MINUTES MARCH 22, 2004 TAPE READING a 2-1ane arterial in the near future, it could be used as a detour while Highway 214 is widened and, at the same time, educate the public on the use of this roadway as a alternate route to Parr Road then to South Boones Ferry Road to Highway 99E. He stated that the State has told the public that they have more money to spend on transportation than what they have had since 1-5 was built. He stated that it is up to the Council to make sure that highway funds are used properly and he felt sure that ODOT would be willing to help finance construction costs relating to the construction of a new arterial roadway. He reiterated that it is necessary to develop a plan that everybody agrees on so that it can be submitted to ODOT as soon as possible for funding consideration. Mayor Figley stated that the City is working on the Transportation System Plan update and several ideas within Mr. Woolen's plan are similar to what is either in the current plan or to some proposed suggestions. Public hearings will be scheduled within the next couple of months before the Planning Commission followed by a hearing before the City Council. She encouraged him to participate in these hearings in addition to the public input sessions to be held by ODOT on the interchange plan. Mr. Woolen also expressed his concern about the Highway 214/ Settlemier Avenue intersection improvement in that Settlemier Avenue improvements may lead to the designation of Settlemier Avenue as an arterial street which, in his opinion, should be avoided. 1607 CONSENT AGENDA. A) approve the Council regular and executive session minutes of March 8, 2004; B) accept the Library Board minutes of February 11,2004; C) accept the Planning Commission minutes of February 12, 2004; D) accept the Recreation and Parks Board draft minutes of March 9, 2004; E) accept the Mill Creek Greenway Task Force minutes of March 2,2004; F) accept the Library monthly report for February 2004; and G) accept the claims for February 2004. NICHOLS/COX... approve the consent agenda as presented. Councilor McCallum noted that a corrected page within the Council regular meeting minutes of March 8, 2004 is being inserted into the agenda packet. The motion passed unanimously. 1714 COUNCIL BILL 2503 - ORDINANCE AMENDING ORDINANCE 2313 (THE WOODBURN DEVELOPMENT ORDINANCE). Council Bill 2503 was introduced by Councilor Sifuentez. The two readings of the bill were read by title only since there were no objections from the Council. BJELLAND/COX... approve the ordinance with adding Alternative 4 as Exhibit A of the ordinance. Councilor Cox stated that there has been a number of proposals being discussed regarding off-premise signs and Alternative 4 was just developed today which adequately addresses Page 3 - Council Meeting Minutes, March 22, 2004 r ;....,.._"-"""..........-.,."""~---_."....,,',,..._.~;...._~;'~....~,.,"-,.".~..... COUNCIL MEETING MINUTES MARCH 22, 2004 TAPE READING this issue and, in his opinion, will be in the best public interest. In the event an off- premise sign is part of a legal sign and the off-premise sign itself became illegal and had to be taken down, he did not feel that anyone at staff level would seriously argue that the whole sign would have to be removed. Mayor Figley requested clarification on how the trigger events are looked at to determine if a sign is in compliance as of the effective date of the ordinance since there is a lapse of time between the adoption ofthe ordinance and its effective date. Community Development Director Mulder stated that his interpretation of Alternative 4 would create multiple triggers for off-premise signs but those would all be triggers that would be effective after the effective date of the ordinance. Ifthere were a pre-existing non-conforming off-premise sign, Alternative 4 would not require the sign to be in compliance upon effective date of the ordinance. Something would have to occur either on the premise that the sign is on or on the premise to which the sign relates before it is necessary for the sign to be in compliance. In order to require compliance retroactively, there would need to be some version of Alternative 2 which basically says that upon the effective of the ordinance all off-premise signs must be removed. Councilor McCallum questioned which alternative will be legally defensible to accomplish the Council's objective to remove the off-premise signs. Director Mulder stated that the Focus Group had not addressed the off-premise sign issue. rfthe Council's objective is to get rid of off-premise signs that were not originally granted a variance as soon as possible, then Alternative 2 would accomplish that goal. His interpretation of Alternative 2 is that the off-premise message would need to be removed from the signs while the sign structure could remain since the off-premise message is what makes the off-premise sign and not the structure. If the Council did not want to go that far in requiring removal, then the next best alternative is Alternative 4 since it creates the most triggers for requiring compliance. Councilor Cox stated that he liked Alternative 4 until, in response to the Mayor's question, Director Mulder stated that there would be no triggering event that occurred on or after the effective date therefore Alternative 4 would not reach this sign. He stated that he would be able to accept Alternative 2 instead of 4. Councilor Bjelland express his concern that Alternative 2 would only remove the message and not the sign structure. He suggested that another triggering method be developed that would require the removal of the sign structure. Discussion was held on both alternatives and on potential language changes that would accomplish the objective ofremoving non-conforming off-premise signs. Councilor Cox stated that he would support Alternative 2 but questioned the interpretation that the message be removed but the sign structure would remain in place. Councilor Bjelland stated that he would not have a problem with Alternative 2, however, he would like to see the sign structure removed. Director Mulder stated that if the off-premise message was removed under Alternative 2, the structure mayor may not be conforming depending upon the circumstance. Page 4 - Council Meeting Minutes, March 22, 2004 --T'- COUNCIL MEETING MINUTES MARCH 22, 2004 TAPE READING Additionally, the triggers listed under Section 3.11 0.20(B) would still be applicable to the premises that the sign is on and, if anyone of the 6 triggers do occur, then the non- conforming structure would need to be brought into compliance at that point in time. 3820 The motion and second were withdrawn. MCCALLUM/SIFUENTEZ... adoption of Alternative 2 as Exhibit A to the ordinance. Councilor Nichols stated that, on the advice of the City Attorney, he has a conflict of interest and will not be voting on or discussing this ordinance. Attorney Shields explained that just before the meeting, Councilor Nichols spoke to him about a potential conflict he may have because of a financial interest he has in one of the properties in the area that is being discussed. For the record, Attorney Shields stated only the Government Standards and Practices Commission can give an advisory opinion as to whether or not there is a conflict. Secondly, this is an ordinance which is legislative and applies to the entire City. The statute seems to say that if you are in a class of people, then at most there is a potential conflict. It is an individual choice on how Councilor Nichols decides to proceed and whether or not he wants to declare the potential conflict. Councilor Sifuentez expressed her opinion that many hours have gone into the sign ordinance between the staff, Focus Group, Planning Commission, and Council. She felt that Alternative 2 is the best that can be done at this time even though some citizens and business owners will object to the ordinance provisions. The vote on the motion to adopt Alternative 2 as Exhibit A passed 4-0 (Councilor Nichols did not vote). Councilor Cox expressed his opinion that he was in agreement with all but a .1 % of the proposed ordinance and felt that everyone involved with this project did an excellent job. Mayor Figley stated that it was a tribute to our staff, Focus Group, Planning Commission and general public in developing this ordinance. Discussion was held regarding the July 1 st implementation date and conformance of signs installed between now and the effective date ofthe ordinance. Director Mulder stated that the current sign ordinance is in effect until July 1 st and signs installed prior to the implementation date will need to comply with the current ordinance. During the interim period, staff will be (1) creating the necessary applications required under the new ordinance, (2) educate the public on the ordinance provisions, and (3) look at staffing levels necessary to aggressively enforce the ordinance. Initially, enforcement will focus on temporary signs and illegal permanent signs that were installed without the sign permit. On roll call vote for final passage, the bill passed 4-0 (Councilor Nichols did not take part in the vote or discussion). Mayor Figley declared Council Bill 2503 duly passed. Page 5 - Council Meeting Minutes, March 22, 2004 'I' COUNCIL MEETING MINUTES MARCH 22, 2004 TAPE READING 4620 RIGHT OF WAY AND EASEMENT ACCEPTANCE - N. BOONES FERRY ROAD IMPROVEMENT. Mayor Figley stated that the Public Works Department has requested that this item be taken off of the agenda since some changes need to be made on the documents and additional signatures acquired before they are accepted by the Council. 4656 PUBLIC HEARING: ZONE CHANGE 03-02 - REOUEST TO CHANGE ZONING DESIGNATION FROM SINGLE FAMILY RESIDENTIAL (RS) TO COMMERCIAL OFFICE (CO) ON PROPERTY LOCATED AT 1840 NEWBERG HIGHWAY. Mayor Figley declared the public hearing open at 8:10 p.m.. Mayor Figley and the Councilors stated for the record that they are familiar with the location of the property since they routinely travel past the subject property which is located along Highway 214. Recorder Tennant read the land use statement required by ORS Chapter 197. Director Mulder stated that the property consists of 3 parcels located on 1.48 acres. The current zoning designation is single family residential, however, the current Comprehensive Plan designation is commercial. The applicant is proposing the zoning change which would make the zoning designation consistent with the Comprehensive Plan. The proposal is for commercial office because the Comprehensive Plan text discusses this specific area as a commercial office zone because of its location and desire for a lower traffic generating type of commercial use. The proposal satisfies all the approval criteria that is applicable for this application and the Planning Commission had adopted a final order recommending Council approval at their February 26,2004 meeting. 5330 Tim Brown, 295 Shenendoah Lane, Woodburn, stated that he was the owner of the property and, in regards to access to the property, there is currently a roadway cut directly off of Highway 214. They are in the process of working with ODOT to get the driveway cut re-approved and discussions have been held with the Fire District to share a driveway as an alternative access in the event ODOT does not approve the access. Councilor McCallum stated for the record that he has known Mr. Brown for many years but his friendship will not have any affect on his vote. No one in the audience spoke either for or against the land use proposal. Mayor Figley declared the hearing closed at 8:20 p.m.. Councilor Cox expressed his opinion that this proposal does not have any impact on the surrounding properties and it will bring it into compliance with the Comprehensive Plan. BJELLAND/COX... approve Zone Change 03-02 and instruct staff to prepare an ordinance to substantiate the Council's decision. The motion passed unanimously. Page 6 - Council Meeting Minutes, March 22, 2004 ... --. -_..~ -~_. "-..- .....- COUNCIL MEETING MINUTES MARCH 22, 2004 TAPE READING 5841 PLANNING COMMISSION AND/OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Design Review 03-21, Variance 03-27, and Variance 04-04: Expansion of existing office building located at 669 and 681 Glatt Circle. No action was taken by the Council on this land use approval. 5938 CITY ADMINISTRATOR'S REPORT. Administrator Pro-Tern Russell stated that he had nothing to report at this meeting other than the business of the City has been carried along well during the City Administrator's absence. Mayor Figley expressed her opinion that Chief Russell has gone above and beyond the call of duty in taking part in the discussions with various Councilors, Mayor, and staff involving the proposed changes to the sign ordinance. 6029 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez stated that she will work with the MacLaren staff to participate in the litter pick-up along Highway 99E on April 24th. Councilor Cox questioned if one of the public comment items listed on the agenda could be eliminated. It was noted that the second public comment gives citizens an opportunity to either come in late to the meeting to bring an issue before the Councilor to express their views on an action taken by the Council earlier in the meeting. Councilor Nichols stated that visitors traveling through Woodburn to visit the Tulip fields are welcomed by our community even though the increased traffic clogs Highway 214. Councilor McCallum stated that the Mayor and staff participated in a Youth Leadership program at City Hall last Tuesday and the feedback he has received on the program was that staff had done an excellent job of presenting problems that arise in City government. He also stated that he had attended a methamphetamine conference in Salem last week with Deputy Chief Youmans which was a community gathering to start addressing their methamphetamine problems. The conference included a general session followed by their attending a couple of small group sections. In the public officials session that he attended, it was noted that there is a need to have a strong component in your City of keeping up your housing standards, and making sure that buildings and neighborhoods look good otherwise it attracts that type of element. He felt good about the efforts of the City and Livability Task Force in this area. It was a worthwhile conference and the theme he is trying to carryout through the Marion County Coordinating Public Safety Council is that the methamphetamine problem needs to be addressed nationwide and not just in one local area. Mayor Figley stated that she did host the Chamber Leadership Youth for a portion of the day in which they devoted to studying about government. She enjoyed working with the Page 7 - Council Meeting Minutes, March 22, 2004 ~'._-~---y--'._-'_. COUNCIL MEETING MINUTES MARCH 22, 2004 TAPE READING four different mock Councils on four different issues that were presented by staff. She also stated that she was looking forward to joining the recently appointed Greenway Task Force on the inventory of the wetlands on Saturday, March 27th. Tape 2 ADJOURNMENT. MCCALLUM/NICHOLS... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:30 p.m. APPRO .--/ ~/ .' , ../ \ \ ATTEST fl;. ~ Mary T~, Recorder City of Wood bum, Oregon Page 8 - Council Meeting Minutes, March 22, 2004 ...-~- ._~U