Minutes - 07/12/2004
COUNCIL MEETING MINUTES
JULY 12, 2004
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARlON, STATE OF OREGON, JULY 12, 2004.
CONVENED. The meeting convened at 6:30 p.m. with Mayor Figley presiding.
0005 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present (6:36 pm)
Present
Present
Present (6:35 pm)
Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Police Chief Russell, Park & Recreation Director Westrick, Senior Planner
Zwerdling, Aquatics Manager Newport, Recreation Services Manager Nugent, Recorder
Tennant
0010 EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn into executive session under the statutory
authority ofORS 192.660(1)(h) and ORS 192.660(1)(f).
MCCALLUM/SIFUENTEZ.... adjourn to executive session under the statutory
authority cited by the Mayor. The motion passed unanimously.
0054 The Council adjourned to executive session at 6:31 p.m. and reconvened the meeting at
7:12 p.m..
Mayor Figley stated that no action was taken by the Council while in executive session.
0111 ANNOUNCEMENTS.
A) Music in the Park: Library Park at 7:00 p.m.
July 13, 2004 - Darby O'Gill- Irish music musician and comedy performer
July 20,2004 - Koral Jam - local band playing island music
B) Woodburn Public Library Summer Reading Program:
July 13, 2004 - Native American Songs and Stories by Jack Gladstone
July 15, 2004 - American Folk Music Event by Rick Meyers
July 22,2004 - The Magic of Bob Eaton
Performances are held in the Library beginning at 3:00 p.m..
C) Bassett Hound Games - Legion Park, July 18, 2004, beginning at 10:30 a.m..
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D) 21" Annual National Night Out will be held on August 3, 2004. Neighborhoods
wishing to participate in this annual event are asked to register with the Woodburn Police
Department.
E) Mayor and Council positions: Filing period for the upcoming election concludes on
Tuesday, August 24,2004 at 5:00 p.m.. Positions to be voted on at the November 2,
2004 general election are as follows: Mayor; Councilor Ward I; Councilor Ward II; and
Councilor Ward VI.
0269 APPOINTMENTS - RECREATION AND PARK BOARD.
Mayor Figley appointed Bruce Thomas to the Recreation and Park Board, Position VI,
with his term expiring on December 31, 2005.
BJELLANDIMCCALLUM.... approve the appointment of Bruce Thomas to the
Recreation and Park Board Position VI. The motion passed unanimously.
0303 PROCLAMATION: PARKS AND RECREATION MONTH - JULY 2004.
Mayor Figley read the proclamation declaring the month of July 2004 as Parks and
Recreation Month within the City. She urged local residents to visit City Parks and the
Aquatic Center or to take part in a recreation program or special event during this month
of celebration.
0422 PRESENTATION: FRIENDS OF THE PARKS VOLUNTEER RECOGNITION.
Mayor Figley announced that the recipients for this year's award are as follows:
1) Erin Cramer - Volunteer who has organized the Recreation and Parks Department's
Pee Wee Baseball league.
2) Willis Grafe - Volunteer who has worked with the Recreation and Parks Department
on the Greenway Task Force and the Community Center Task Force.
3) Brian and Diana May - Volunteers involved in many youth sports programs including
youth basebaIVsoftball/T-ball, basketball, soccer, and Walt's Run.
Willis Grafe and Brian & Diana May were in attendance to receive their awards. Mayor
Figley stated Erin Cramer was out of town therefore unable to attend this meeting to
receive his award.
Recreation Services Manager Nugent stated that the Mayor had been very concerned
about cleaning up Centennial Park following the July 4th event. As a result, the
Recreation and Parks Board presented Mayor Figley with an engraved can catcher for
picking up litter.
0642 CHAMBER OF COMMERCE REPORT.
Alma Grijalva, representing the Chamber Board, provided information on upcoming
Chamber events:
I) Chamber at the Drags - July 21, 2004: This annual event will be held at the Woodburn
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Drag Strip and members of the community and other area chambers are invited to
participate.
2) Chamber Forum - August 8, 2004: This event will be held at the newly remodeled Fire
Department with Mid-Valley Financial Services as the sponsor for this event.
3) She urged the Council to adopt Council Bill 2518 which is a resolution supporting the
application of the Regional Tourism Promotion Committee for a Mid-Willamette Valley
Rural Investment Fund Grant. In her opinion, this grant would be very beneficial to our
community in promoting tourism.
0811 Sid Friedman, representing 1000 Friends of Oregon, provided the Council with copies of
letters previously submitted to the City requesting (1) copies of public records relating to
the Periodic Review work tasks concerning the urban growth boundary analysis and the
transportation system plan. and (2) notification of City work sessions on Periodic Review
work tasks and receive copies of draft work tasks that are submitted to the State. The last
letter requesting this information was dated June 10, 2004 and, as of this date, they still
have not received any response from the City whether it be acknowledgment of receipt of
the letter or the requested documents for review. He stated that he had called City
Administrator Brown who had returned his telephone call today to let him know that he
was unsure as to when the documents would be available for review. Mr. Friedman
expressed his opinion that all of the documents requested in their letter dated June 10,
2004 are public records and they should be allowed to review the materials. Additionally,
he did not feel that the staff had been giving his organization timely meeting notices
thereby limiting their ability to participate in the periodic review process. He requested
that the Council direct City staff to make the periodic review files available for public
inspection or, if in the alternative, to provide a timely response to their request for
documents.
Mayor Figley stated that City staff is in the process of evaluating the request from 1000
Friends of Oregon understanding that some materials that have been requested may be
privilege or exempt.
Mr. Friedman stated that he would like to review those records that staff agrees are public
records while they await the City's resolution on the other documents they have
requested.
1123 Carla Michaelson, 17244 Arbor Grove Rd., stated that she had sent a written request to
Community Development Director Mulder for the Transportation System Plan and Mr.
Mulder did call her on the deadline date she had provided in her letter and informed her
that the staff was within a few days of having a final draft document. She attended a
work session on the Transportation System Plan and she received the document about the
same time as the Council and Planning Commission members received their documents.
She also spoke briefly on Ballot Initiative 36 which will most likely become a state-wide
ballot measure. This ballot initiative would compensate property owners if government
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regulations cause a loss in their property values. In her opinion, the ballot measure is
poorly written, very costly. and will create an enormous administrative burden on
government entities. She expressed her hope that it will be possible for the City Council
to join with other groups opposing this ballot measure.
Mayor Figley stated that she is in opposition to this ballot initiative since she feels that
taxpayers pay for programs that matter such as public safety, infrastructure, parks, and
libraries.
1494 Theadora Tarbot, 13305 Carl Rd NE, Hubbard, encouraged the City to be forthcoming in
providing the periodic review documents to the public since she feels that it is crucial for
the public to have access to the relevant information in order to participate in the public
process.
1552 CONSENT AGENDA.
A) approve the regular and executive session Council minutes of June 28, 2004;
B) accept the Recreation and Parks Board draft minutes of June 15,2004;
C) accept the Planning Commission minutes of June 24, 2004;
D) accept the Community Center Task Force meeting notes of June 29, 2004;
E) receive the Police Department Statistics report for May 2004;
F) receive the Street Closure and Sound Permit request for July 16, 2004;
G) receive the Building Activity report for June 2004; and
H) receive the Planning Project Tracking Sheet dated July 8, 2004.
MCCALLUM/NICHOLS.... adopt the consent agenda as presented. The motion passed
unanimously.
1627 PUBLIC HEARING: CITY COUNCIL CALL UP FOR REVIEW OF
CONDITIONAL USE CASE FILE NO. 04-02 "THE CASH STORE" (790 Lawson
Street).
Mayor Figley declared the public hearing open at 7:37 p.m..
No declarations were made by the Council. Recorder Tennant read the land use statement
required byORS Chapter 197.
Senior Planner Zwerdling reviewed the staff report which outlined the findings and
conclusions that were adopted by the Planning Commission in their decision to approve
the conditional use application submitted by Cottonwood Financial. The applicant is
proposing to operate a pay day loan business in the office tenant space of an existing
business located at 790 Lawson Avenue and conditional use approval is required for this
type of business in a commercial general zone. It was noted that the Planning
Commission's Final Order did not list any conditions of approval.
2148 John Junkin, attorney representing Cottonwood Financial, expressed his support of the
staffs position and Planning Commission's decision on this conditional use application.
He stated that they had reviewed the Council minutes of June 14,2004 regarding the
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Council's call up of this matter and the basis for the call up seems to the be the Council's
concern that Cottonwood Financial may be using a billboard located off premise to
advertise their business. He reiterated that their client is taking no position as to the
legality or illegality of any off premise signs within the City. He requested that a copy of
the letter received from the sign company's attorney along with some other material on
this issue be entered into this record. Mr. Junkin stated that the attorney for the sign
company did present some compelling argument but that is not their argument. He stated
that his client's position is that they complied with the criteria for the conditional use
permit and they will advertise wherever it is legal and appropriate to do so. He requested
that the conditional use be approved and his client not be conditioned to do something
that they may be entitled to do legally elsewhere in the City. He reiterated that his client
is not taking a position on the sign ordinance since that is something between the City and
the sign owner. His client did sign a contract with the sign company and they would be
proceeding with use ofthe sign unless it is deemed to illegal for them to do so.
2438 Richard Jennings, 595 Filbert, questioned if the building in which this business will be
located was originally designed for tenants.
Councilor Lonergan stated that the building owner had designed the building for two
tenants.
Mayor Figley declared the public hearing closed at 7:50 p.m..
2548 Councilor Cox stated that he had called up the design since a new sign ordinance was
soon to be in effect and, in reading the Planning Commission minutes, there was a
question asked of the applicant on the issue of signs. The applicant had responded with
an answer about signs on the premise and the off premise sign was not mentioned even
though it had been displayed a few weeks before. He felt that the applicant gave the
Planning Commission an incomplete answer which led him to believe this was the time to
address the sign issue in connection with the conditional use which was still open for the
Council to review. Since then, the Council has been advised by their attorneys that
although those concerns may have been legitimate, they are not a part of what the Council
is to look at under conditional use permits. The legality or illegality of off premises signs
is covered under a different ordinance and not part ofthe conditional use process.
COX/NICHOLS.... approve the action ofthe Planning Commission and direct staff to
prepare an ordinance to approve Conditional Use Case File No. 04-02.
Councilor Bjelland agreed with most of Councilor Cox's comments but was not sure ifhe
fully agreed with the interpretation that off premises signs are not a legitimate issue of
conditional use permitting. Since the decision for this conditional use was accomplished
during a period of time in which the City's sign ordinance was not in effect, he agreed
that this conditional use should be approved but did not want to say that the Council will
not be examining this issue on any subsequent conditional uses that might be submitted in
the future that would include off premises signs.
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Councilor McCallum expressed his opinion that the Council has the right to call up land
use actions and, in some cases, it is a matter of clarification that can be handled very
quickly.
On roll call vote, the motion passed unanimously.
2953 COUNCIL BILL NO. 2518 - RESOLUTION SUPPORTING THE APPLICAITON
OF THE REGIONAL TOURISM PROMOTION COMMITTEE FOR A MID-
WILLAMETTE V ALLEY RURAL INVESMENT FUND GRANT.
Councilor Sifuentez introduced Council Bill 2518. 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 5-1 with Councilor Cox voting nay. Mayor Figley declared Council Bill
2518 duly passed.
3163 CONTRACT AWARD FOR TEMPORARY TRAFFIC SIGNAL AT HIGHWAY
214/ BOONES FERRY ROAD.
Only one bid was received for a temporary traffic signal at the intersection of Highway
214/ Settlemier Avenue / Boones Ferry Road intersection during construction of the
Boones Ferry Road widening project and to complete some advance work for the
intersection improvement to be contracted by ODOT. The bid was submitted by Lantz
Electric, Inc. in the amount of $59,786.00 which is approximately 8% over the engineer's
estimate of$55,000.
BJELLAND/MCCALLUM... award the construction contract to the lowest responsible
bidder. Lantz Electric Inc., for the installation of the temporary signal at Highway 214
and Boones Ferry Road in the amount of$59,786.00.
Public Works Director Tiwari stated that installation of a temporary traffic signal is a very
specialized area and staff had expected three bids but received only one bid for this
project. The bidder has been pre-qualified and stafffee1s that the contractor will be able
to complete the project.
The motion to award the contract passed unanimously.
3163 POLICE FACILITY PRE-DESIGN PROJECT.
Police Chief Russell summarized his staff report which provided background information
on current and future space needs for the police department. Currently, police facilities
and operations are located out of City Hall, Mall 99 (East precinct), and Wastewater
Treatment Plant Police Storage. In 2003-04, the Council established a goal to plan and
organize for a new police facility and, as a result, property was purchased in the 1000
block ofMt. Hood Avenue for the proposed facility. Additionally, funds were budgeted
for a Police Facility Pre-design project which would provide for a space needs study, site
evaluation, concept level design, and project budget. Design firm Group Mackenzie was
selected to work on this project and they worked closely with staff, a police facility task
force, and with the general public to develop a basic design and estimated project cost.
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He stated that the proposed site will provide for future expansion of any police facilities
that might be placed on the site, allow for good access control from the site, and provide a
good location for emergency operations. The needs assessment looked at police service
needs to the year 2020 serving a population of35,000. As part of this process, he stated
that meetings were held with the neighbors surrounding the proposed site, adjacent
businesses, and an open house was held last week to discuss the project with comments
received being taken into consideration in finalizing the pre-design being presented to the
Council at this meeting.
Jeff Reeves, Group Mackenzie, reviewed issues that his firm looked at in developing the
plans for this project. Site location was an issue since it included a neighborhood to the
east, wetlands and steep topography, Highway 214 to the north, and Legion Park to the
south. It was noted that placement of a 20,000 square foot community center on this site
could be compatible with a police facility based on their preliminary investigation. It was
also determined that the best access point to Highway 214 would be close to the east
property line and a secondary access is proposed along the northerly property line of
Legion Park to Park Avenue. The site plan displayed how the building would be situated
on the property. It is proposed that there would be a 30 foot buffer on the east property
line and the adj acent neighborhoods requested that a berm be landscaped to separate their
neighborhood from the police facility instead of a fence or wall. He reviewed the
building floor plan which is divided into 3 zones. The public zone includes the reception
area, community meeting room, community policing area, soft interview rooms, and
administrative areas. Locker rooms, patrol rooms, storage and evidence processing rooms
are located in the second zone. Lastly, the holding cells are located in the third zone. He
displayed the conceptual design of the building with elevations. The estimated cost of the
building alone is $155 per square foot. The estimated cost for the complete project
including on-site and off-site improvements, firing range improvements, and other related
costs is $7,065,596.
4784 Councilor Cox expressed his opinion that an excellent job was done on this pre-design
project.
Councilor McCallum stated that he was a member of the Police Facility Task Force and
he was surprised with the highly technical nature of this building which included forensic
evidence location, general evidence location, holding cells, and compliance with state and
federal regulations. He requested that the Chief address the 9-1-1 Center in the that is
included in the proposed plan.
Chief Russell stated that the police operations are closely tied to NORCOM 9-1-1 which
is a separate agency. NORCOM currently leases space from the City and they our housed
in the City Hall basement. The proposed facility will provide space for their operations,
however, there is no guarantee that they will move over to the new facility. If they decide
not to move to the new facility, the Police Department could either change the space
requirement and build the space for future police operations or not to build the space at
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all. The 9-1-1 Board would like to negotiate for space when the time comes but they are
not willing to make a commitment at this time.
Councilor McCallum felt that the 9-1-1 system serves our area well and, like the police
department, they are running out of space and it is hoped that they will be willing to lease
the space at the proposed facility.
Councilor Cox questioned ifit would be feasible to have a firm commitment from the
NORCOM before the construction design is finalized.
Administrator Brown felt that the City has time to negotiate an agreement with
NORCOM before the design is finalized, however, staff needs a bond levy amount from
the Council within the next two weeks that includes the construction ofthe space and, if
the space is not built, then the savings from not building the space can be used to pay
back the bond sooner and ultimately reduce the cost to the taxpayers.
Mr. Reeves stated that if the space is not constructed at this time, the building design can
be such that an addition can be built at a later date.
Councilor Bjelland questioned if consideration had been given to phasing the facility.
Mr. Reeves stated that it is more economical to design the building for a 20 year period
rather than a 10 year period. If the project looks at a 10 year period, the project cost will
be almost double the amount.
Discussion was held on issues relating to the second access to the property. Alternatives
included secondary access to (I) the east to Park Avenue, (2) northwest corner across the
Public Works property, and (3) south to Queen City Blvd. The key to the second access
is the overall Master Park Plan. Staff will be evaluating the alternatives and cost
estimates will be prepared then submitting a separate recommendation to the Council as
to which alternative would be the best route to take. The cost for the secondary access is
not included in the bond dollars since staff feels that there are funds available to do the
work when the time comes.
Councilor Lonergan questioned if the department will have a problem with the traffic on
Highway 214 when responding Code 3 from the proposed facility.
Chief Russell stated that Highway 214 will be an issue in any direction, however, with the
additions and expansions planned, the department is comfortable with what has been
proposed since having the railroad overpass on Highway 214 allows the officers to access
the east and west sides of our community without having to wait at a train crossing or be
blocked by a stopped, stalled, or derailed train.
In regards to a community center, Administrator Brown stated that staff had asked Group
Mackenzie to take a preliminary look as to whether or not a community center could be
placed on this site. The consultants feel that the building could be located there if it is
decided in the future to use this site.
Councilor McCallum stated that this bond issue will only fund a police facility and a
community center is not under discussion at this time.
Mayor Figley also stated that if a community center would ever be at this location, the
center would incur some obligations to pay back some benefit that it received from the
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police facility bond measure including infrastructure and property. She reiterated that the
community center process is not nearly as far along as the Police Facility project.
6322 MCCALLUM/SIFUENTEZ... approve the police facility design documents and
program budget, and direct staff to prepare an ordinance placing a bond measure on the
November 2, 2004 ballot to fund the design and construction of a new police facility.
The motion passed unanimously.
6460 SUPPLEMENTAL 2004 TOURISM AND ECONOMIC DEVELOPMENT GRANT
AWARDS.
Mayor Figley stated that she had a potential conflict of interest in that area due to the fact
that she is an unpaid Director of Cascade Scenic Railway Inc.. She also stated that she
was not a part of any decision making process about the grant award although, as a Board
member, was among those on this Board in favor of submitting a grant application. If
there is a controversy on this issue that would result in her breaking a tie vote, she would
not take part in the vote.
COX/NICHOLS.... award a supplemental 2004 Tourism and Economic Development
grants in amounts not to exceed $5,000 to the Woodburn Downtown Association and the
Cascade Scenic Railway; authorize the City Administrator to execute a fee for services
agreements with the Woodburn Downtown Association and the Cascade Scenic Railway;
and approve a transfer in the amount of$IO,OOO from the General Fund Contingencies to
the General Fund Non-Departmental budget to establish accounts for recommended
grants.
Councilor Cox explained that he was in favor of this grant award since it does not involve
use of funds for planning consultants which is what the grant application for regional
tourism promotion would do if a Mid- Willamette Valley Rural Investment Fund grant is
awarded to the Regional Tourism Promotion Committee.
Councilor McCallum stated for the record that he is a member of the Woodburn
Downtown Association but not a Director or officer for that organization, and would not
be voting on this motion.
Tape 2 Administrator Brown stated that these grants are one-time projects and funding mayor
may not be available for supplemental grants. The regular grant is advertised based on an
estimate of transient occupancy tax dollars. There is a provision in the contract that is
executed with the recipients that if money is not received as anticipated then the
recipients grant is reduced back proportionateley. If more dollars are received then
anticipated, then a reserve is built up and a supplemental grant could be considered by the
Council.
The motion passed 5-0 (Councilor McCallum did not vote on this motion).
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0100 Richard Jennings, 595 Filbert St., spoke briefly regarding the proposed police facility
bond measure and stated that once the Council adopts the ordinance to place the measure
on the ballot, City staff will need set aside and let a Political Action Committee (PAC)
take over promoting the passage of a bond levy. He stated that there was a lot of work
done by the staff and consultants to design a facility that the task force feels will work for
our City. He reiterated that it is a necessity that a new facility is constructed to meet
mandated requirements, centralize operations, and provide space for a minimum of 20
years. He stated that the task force feels that this is a well-thought out plan and it is now
time to proceed with promoting the bond issue in order to get the facility built.
0301 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS.
A) Community Development Director's approval of Administrative Design Review
04-09 (850 Lawson Avenue): Approval of a request to convert 1,300 sq. feet of office
space into a convenience store at the Exxon Station.
B) Community Development Director's approval of Partition 04-03 (WinCo Foods):
Approval of request to partition an existing 82.122 acre parcel into an 80.182 acre parcel
and a 1.94 acre parcel.
C) Planning Commission's approval of Design Review 04-07 (west of 275 Arney
Road): Approval of application to construct a commercial building that would house a
1,550 sq foot coffee shop and a 2,050 sq foot sandwich shop.
Councilor McCallum questioned if the approval of Design Review 04-09 now allows the
building originally approved as office space to house a convenience store and that the
Planning Commission has nothing to do with what products are located in the
convenience store such as alcoholic beverages.
City Attorney Shields stated that service of alcoholic beverages is a matter of state law.
0458 MAYOR AND COUNCIL REPORTS.
Councilor Nichols stated that he was glad to see that there were no accidents or fires on
the Fourth of July.
Councilor McCallum requested that the staff look into the marking of the Highway 99E
safety island at the Hwy 99E/2 1 4/2 1 1 intersection. Many constituents have expressed
concern on the marking since it is hard to see especially in the dark and on rainy nights.
Administrator Brown stated that he had spoken with Councilor McCallum before this
meeting and he is willing to call ODOT to see what can be done to increase the visibility
of both islands.
Councilor Cox expressed his hope that Mr. Friedman's letter will be effectively and
openly responded to by staff before the next regular meeting. He regrets that Mr.
Friedman's letter had not been responded to by now and the open meetings and records
law needs to be adhered to. He realizes that there are some documents that the
organization may not be entitled to but those records that they are entitled to should have
been provided to them by now for review.
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Administrator Brown also believe that it is regrettable that it has not been responded to by
this time and staff will do the best they can within the next week to make sure there is a
response put together and directed by to Mr. Friedman. This is not your typical public
information request and there is an substantial amount of information that has been asked
for and staff has had to look at all of the various aspects of this request to determine what
needs to be responded to. Director Mulder will be returning from vacation next Monday
and this will be a top priority when he returns.
Mayor Figley thanked all of the individuals associated with the City of Woodburn and the
other volunteers who made the Fourth of July event such a huge success. For next year,
the organizers are already discussing things that can be done differently to make the event
even more successful.
0875 ADJOURNMENT.
MCCALLUM/NICHOLS... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:55 p.m..
APPROVE
ATTEST fY/~ ~~
Mary Te nt, Recorder
City of Woodburn, Oregon
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