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Minutes - 07/26/1999 COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 26, 1999. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley Kilmurray Pugh Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park & Recreation Director Westrick, Deputy Chief Null, Finance Director Gillespie, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant 0034 Mayor Jennings informed the public that the new video cameras mounted on the walls in the Council Chambers are being used for this meeting. 0021 ANNOUNCEMENTS. A) Police Department Change of Command Ceremony will be held on Wednesday, July 28th, between 2:00 pm and 5:00 pm in the City Hall Council Chambers. The public is invited to attend this event. B) On Thursday, July 29th, a retirement dinner for Police Chief Wright will be held at Rubis Hall. Tickets for this dinner are available at the Police Department. C) Music in the Park: Mayor Jennings stated that the Council had previously approved a sound amplification permit for August 5th, however, the correct date is August 3'd. PUGHlFIGLEY... approve a sound amplification permit for August 3, 1999,7:00 pm to 8:00 pm., as part of the Music in the Park series presented by the Library. The motion passed unanimously. 0081 APPOINTMENT: PLANNING COMMISSION. Mayor Jennings appointed Terry Heer to the Planning Commission with her term expiring on December 31,2001. FIGLEYIKILMURRA Y... appointment of Terry Heer to the Planning Commission be approved. The motion passed unanimously. Page 1 - Council Meeting Minutes, July 26, 1999 ~ . COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING 0097 PROCLAMATION: NATIONAL NIGHT OUT. Mayor Jennings read his proclamation declaring August 3, 1999 as "National Night Out" in Woodburn and urged local residents to support this annual event which promotes crime prevention programs and neighborhood watch programs. 0145 CHAMBER OF COMMERCE REPORT. Marilyn Feller, Chamber Board representative, stated that they were pleased with the turnout at the "Tunes & Berry Concert" recently held at the Settlemier House. She also encouraged citizens to attend the upcoming concerts at Library Park. In regards to Woodburn Company Stores, the Chamber encouraged the public to visit and support the new mall. The next Business After Hours will be held on August 12th at AI's Fruit & Shrub beginning at 4:30 p.m.. She also stated that the annual 'Chamber at the Drags' was held last Thursday and encouraged those who were unable to attend this year to be a participant at next year's event. 0197 COMMUNICATION: NEWS RELEASE REGARDING SENIOR ESTATES PARK. Mayor Jennings read this news release informing the public that a volunteer project undertaken by the Church of Jesus Christ Latter Day Saints, Ward 1, on July 24th enlisted the help of more than 200 people to complete a renovation project at Senior Estates Park. The project included removal of brush, weeding flower beds, tree pruning, and spreading barkdust throughout the 5 acre park. The project was organized by Beverly Parkhurst and the Church is interested in adopting the park for on-going maintenance in the area that they worked. He stated that the City owes this group of volunteers a debt of gratitude for all of their work. Councilor Chadwick stated that, every year, the Church celebrates July 24th which is the date Brigham Young led his followers into Utah. The local Church annually decides which volunteer project they would be undertaking on July 24th and this year they decided to work on Senior Estates Park. She stated that the park looks great and the residents in the area are very grateful to the organization for their willingness to clean-up this area. It was the consensus of the Council that Administrator Brown should send the Church a thank you letter on behalf of the City. 0309 LETTER FROM PLANNING COMMISSION RE: PORTABLE TOILETS. Administrator Brown stated that he had distributed copies of this letter to the Council on the issue of portable toilets at city parks and school facilities. He stated, with the assistance of the Mayor, he would be preparing an appropriate response and suggested that comments from the Council should be given to him over the next few days. 0333 Tom Waggoner, 829 Woodland Ave., stated that if the developer of the factory outlet Page 2 - Council Meeting Minutes, July 26, 1999 - . COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING does put in an arborvitae hedge along Woodland Ave., the shrubs need to be planted 3 foot apart rather than the 6 foot distance previously mentioned by the developer. Councilor Pugh stated that no final decision has been made by the City as to the type of noise barrier the developer will be required to install. Mr. Waggoner stated that he and his wife routinely pick up 6-8 garage sale signs in their area every Monday morning that are unsightly. Other communities in Oregon have sign ordinances that regulate garage sale signs and he suggested that the City look into the feasibility of including a provision in the sign ordinance regulating garage sale signs. Mayor Jennings stated that the City of Portland recently loss a $600,000 lawsuit because of an improper sign ordinance and he cautioned the City in making changes without thoroughly investigating applicable legal issues. Lastly, Mr. Waggoner stated that he was very upset with the traffic situation at the Woodland AvelHighway 219 intersection. His wife was in need of medical attention and he was taking her to hospital but was unable to get out onto the main highway since a flag person directing traffic refused to let them get into the stream of traffic in a prompt manner and, once near the intersection, was unable to get out to the freeway because of the timing of the traffic signals. Councilor Pugh stated that he understood the concerns expressed by Mr. Waggoner but felt that the traffic was handled very well over the weekend with the opening of the mall. It was also noted that Leo Hillyer, Hillyer's Ford, did not object to the barrels being placed in the median between the freeway interchange just west of Arney Road. Mayor Jennings stated that the flaggers were a temporary measure to move traffic out of the mall and the traffic situation will improve when the State installs the traffic signal hard wire system. 0580 CONSENT AGENDA. A) Approve Council minutes of July 12, 1999; B) Accept the Recreation and Park Board minutes of July 13, 1999; C) Accept the Library Board minutes of June 23, 1999; D) Accept the Planning Commission minutes of July 8, 1999; E) Accept the Museum Board minutes of July 14, 1999; and F) Receive the summer Water Use report. FIGLEY/SIFUENTEZ... adopt the consent agenda as presented. The motion passed unanimously. 0595 COUNCIL BILL 1977 - ORDINANCE APPROVING ANNEXATION #98-03. COMPREHENSIVE PLAN MAP AMENDMENT #98-02. AND ZONE MAP AMENDMENT #98-04 FOR THE CONSTRUCTION OF PHASES II AND III OF A FACTORY OUTLET CENTER (Woodburn Comuanv Stores). Since the bill was introduced and read twice at the July 12th meeting, the bill was re-read Page 3 - Council Meeting Minutes, July 26, 1999 ~...,,- ...~, ,~_... ,-,_.,.'--~.. 1 , COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING for the purpose of identifying the action associated with this Council Bill. Councilor Bjelland stated that a typographical error be corrected on the final copy (page 17,1" paragraph, last sentence) to read "...traffic mitigation issues being addressed by the City at the time of the site plan review,...". Attorney Shields stated that the developers attorney, Mike Robinson, had been given a copy of the findings and conclusions and they had only one substantive change to consider on page 9. Staff considered the change which involved the developer's attorney opinion that Plan Policy D-l was 'advisory rather than mandatory', however, staff felt that the sentence prepared by the developer's attorney was beyond the Council's expectations. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1977 duly passed with the emergency clause. 0721 COUNCIL BILL 1982 - ORDINANCE CLARIFYING ORDINANCE 2232 WHICH ANNEXED CERTAIN PROPERTY LOCATED NORTH OF VANDERBECK LANE AND WEST OF BOONES FERRY ROAD. Councilor Chadwick introduced Council Bill 1982. Recorder Tennant read the two readings of the bill by title only. Mayor Jennings stated that, in the future, all legal descriptions will be sent to the Department of Revenue for preliminary acceptance prior to final adoption of an ordinance to annex property into the City. Administrator Brown stated that staff normally sends the legal description to the Dept. of Revenue for review, however, in this case, it was not done and a change is necessary to obtain final approval from the State on this annexation. On roll call vote, the motion passed unanimously. Mayor Jennings declared Council Bill 1982 duly passed with the emergency clause. 0794 SPECIAL EVENTS PERMIT: FIESTA MEXICANA. Staff recommended that a special events permit be issued to the Latin American Club for the 1999 Fiesta scheduled for August 6 - 8, 1999 at Legion Park. FIGLEY/SIFUENTEZ... authorize the Recreation and Parks Director to sign the Special Event Park Use Permit with the Fiesta Committee for the 1999 Fiesta at Legion Park, and, per recommendation of the Police Chief, authorize the use of sound equipment as follows: Friday, August 6"', from 10:00 am to 11:00 pm.; Saturday, August 7th, from 10:00 am to 11 :00 pm; and Sunday, August 8"', from 10:00 am to 10 pm.. The motion passed unanimously. Page 4 - Council Meeting Minutes, July 26, 1999 -.-.. ,~".._..,- --_...__.,-_.._._.-----~--- ~ COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING 0820 REOUEST FOR SOUND AMPLIFICATION PERMIT: CENTRO CRISTIANO CHURCH. A request was submitted by Centro Cristiano Church, 257 W. Lincoln St., to use the Library Park outdoor stage for an outdoor program on Saturday, August 7th, 4:30 pm to 8:30 pm, which will include food and live music. On Sunday, they would like permission to close Lincoln Street between First and Second Street for the purpose of holding an outdoor service on August 8th between 4:30 pm and 8:30 pm. Staff recommended that the requests for street closure and a sound amplification permit be granted. BJELLANDIKILMURRAY... Council approve a sound amplification permit for Centro Cristiano AlG Church for August 7 & 8, 1999 from 4:30 pm to 8:30 pm, and street closure of Lincoln Street between First and Second Streets on August 8, 1999 from 4:30 p.m. to 8:30 p.m.. The motion passed unanimously. 0853 SOUND AMPLIFICATION REOUEST - WOODBURN DOWNTOWN ASSOC. FOR NATIONAL NIGHT OUT. The WDA requested permission to use sound amplification on Tuesday, August 3td, 7:00 pm to 8:00 pm, for a neighborhood watch event to be held in Library Park in conjunction with National Night Out. FIGLEY/SIFUENTEZ...approve a sound amplification permit for WDA for August 3, 1999, from 7:00 p.m. to 8:00 p.m. The motion passed unanimously. 0868 REOUEST TO GIVE POLICE CHIEF AUTHORITY TO ALLOW STREET CLOSURES IN CONNECTION WITH NATIONAL NIGHT OUT. PUGHlKILMURRA Y.... Police Chief to be given the authority to authorize street closures on Tuesday, August 3, 1999, between 6:00 pm and 10:00 pm, without bringing individual requests back to the Council. The motion passed unanimously. 0897 PUBLIC INPUT ON PROCESS TO EVALUATE THE CITY ATTORNEY AND CITY ADMINISTRATOR. City Attorney stated that this is the time set for public input on the process to be used for evaluating the City Administrator and City Attorney on standards, criteria, and policy directives. He stated that the Oregon Revised Statutes only requires public input on the evaluation process involving the City Administrator but staff felt that it would be beneficial to develop an evaluation form that can be used for other department managers. He reiterated that the public input is on the evaluation form only and not on the evaluation itself. Councilor Bjelland expressed concern in accepting the evaluation form at this time since the public has not had an opportunity to review the form before this meeting. Administrator Brown stated that copies of the document were delivered to the Library last Friday, the newspapers have a copy, and they are also available in the City Page 5 - Council Meeting Minutes, July 26, 1999 'f"-" .,.,..-"-"-...-------. ... ~ , COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING Administrator's office. Since the Attorney is not concerned about delaying his evaluation for two weeks, he suggested that it be held over for two weeks and public input, if any, be taken at that time. Attorney Shields reiterated that there is no legal requirement to public a notice in the newspaper, however, there is a requirement to give the public an opportunity to give input on the evaluation form. 1231 Administrator Brown stated that he had changed the original evaluation form in order to put together an evaluation form that more accurately reflected the skills and knowledge that the Council is looking for from the Executive level management. He reviewed the form he had developed which included a matrix defining each range of performance, an opportunity to comment on specific items, and an assignment of an overall performance score. In his opinion, the form he has drafted is more comprehensive than what has been used in the past and directed more towards the work being done by the management staff. Mayor Jennings stated that he liked the format, however, he felt that the evaluation forms should not be seen by the Administrator prior to the executive session. Administrator Brown stated that he did not expect to see the evaluation forms until they come to the table during executive session but hoped that the Council would be able to come to a consensus on an overall performance rating and then focus on compensation based on the rating. Councilor Bjelland suggested that parts 1,2, & 3 of the form be completed by each Councilor in advance, part 4 be a joint effort of the Mayor and Council, and part 5 involve the employee at the time of the evaluation. He also suggested that the Mayor and Councilors only rate the employee in those areas that they feel comfortable in rating rather than each particular item. Administrator Brown suggested that the Mayor and Councilors come to the executive session with ideas for Part 4 and/or 5. Discussion was held regarding the established job responsibilities and it was noted that copies of the City Administrator job classification had been distributed to the Mayor and Council just prior to this meeting. Following some further discussion on the content of the form, 1898 BJELLANDIPUGH... table the evaluation process until the next regular meeting (August 9, 1999). The motion passed unanimously. Mayor Jennings stated that the Council will take public comment at the August 9th meeting and the evaluation of the City Attorney will be held at the second regular meeting in August. 1953 CONTINUATION OF PUBLIC HEARING: ANNEXATION AND GROWTH MANAGEMENT GOALS AND POLICIES. Mayor Jennings continued the public hearing at 8:03 p.m.. Staff requested that the hearing be continued until August 23, 1999 to allow staff Page 6 - Council Meeting Minutes, July 26, 1999 -_.._,._".-"--,,,~._._--~-'- ...r . COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING additional time to research areas of concern brought forth by the Council. PUGHlBJELLAND..... continue the public to August 23, 1999 at 7:00 p.m.. The motion passed unanimously. 1978 PUBLIC HEARING: ANNEXATION. ZONE MAP AMENDMENT AND MINOR PARTITION FOR A 5.19 ACRE PARCEL OF LAND LOCATED ADJACENT TO HIGHWAY 214 AND EAST OF FRONT STREET. Mayor Jennings declared the public hearing open at 8:05 p.m.. Councilor Pugh declared a possible conflict of interest on this issue because of certain activities he is carrying on in that area and stated that he would neither comment or vote on this issue. Recorder Tennant read the land use statement required by state law. Public Works Manager Rohman stated that the City is one of the applicants in this land use action since the City will be purchasing a portion of the property for infrastructure needs. The property is divided by Highway 214 with 3.75 acres to the north of Hwy 214 and 1.44 acres to the south of Hwy. 214. The proposed zoning would provide a light industrial designation to the north and public service to the south. The minor partition would allow for the 5.19 acre parcel to become two lots (1.44 acres to the south and 3.75 acres to the north). In regards to access to Highway 214, there is an entrance to Highway 214 towards the eastern side of the lot and there is an existing home business located on that lot that is a conforming use under the proposed zoning designation. No one in the audience spoke either for or against the proposed land use actions. The public hearing closed at 8: 13 p.m.. FIGLEY/SIFUENTEZ.... approve annexation #98-04, zone map amendment #98-05, and minor partition #98-09, and instruct staff to prepare ordinance with findings and conclusions to substantiate this position. The motion passed 5-0-1 with Councilor Pugh not voting because of his declaration of a possible conflict of interest. 2417 SITE PLAN ACTIONS: A) Site Plan Review #99-05: Service station located on Highway 214 adjacent to Oil Can Henry's. KILMURRA YIFIGLEY.... hold a public hearing on site plan review #99-05. Attorney Shields stated that the 120-day rule is in effect and staff needs sufficient time to meet public notice requirements. Mayor Jennings questioned if it would be possible for the Council to visit the site with a staff member to explain the layout of the site plan. Attorney Shields stated that site visits need to be declared at the start of the public hearing and there is no prohibition of visiting the site in advance with staff member(s) and if the Councilors elect to go in small groups, the group size be limited to 3 or less. The motion to hold the hearing passed unanimously. Page 7 - Council Meeting Minutes, July 26,1999 ".-,.. "--,.....~.~-----..,........,.~ "I!r , f" COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING B) Site Plan Review #98-15: Property Line Adjustment #99-01 (Wilson Street). Mayor Jennings stated that the constituent originally concerned about this adjustment, however, the constituent is now satisfied and will not be appealing the Planning Commission's acknowledgment of the administrative approval for the proposed group care facility. No action was taken by the Council on this issue. 2641 MAYOR AND COUNCIL REPORTS. Mayor Jennings stated that the gas tax bill did pass the State House and Senate. He encouraged Triple A members to write to Triple A and ask them to not block the entire bill but to refer the portion on the weight-mile tax to ballot and leave the rest of the bill intact. In regards to the Factory Outlet opening, numerous representatives throughout the community attended the opening ceremonies. He stated that he is impressed with the development and felt that the traffic situation was handled quite well except for the situation brought up by Mr. Waggoner relating to the traffic flaggers. Mayor Jennings asked the Council if, for the Fiesta parade, they would like to ride in train or in a different vehicle. It was the consensus of the Council that the train needs a lot of automotive work and they requested that Councilor Sifuentez contact the parade organizers to see if another vehicle would be available for their use. Councilor Pugh reiterated that passage of the state gas tax bill is one step closer to obtaining state funding assistance to improve the 1-5 interchange area. He also suggested that citizens lobby Triple A to only place the weight-mile tax on a potential ballot measure rather than the entire bill. Tape 2 Councilor Figley provided a brief update on Centennial Park. It is anticipated that the soccer field will be playable this fall. She also stated that the flags were recently stolen from the park, however, the Police Department recovered the flags and a new cable cord will be installed on the flag pole. Councilor Sifuentez questioned if staff had any updated information on the safety issue of pedestrians crossing Highway 214 to the Salud entrance. It was noted that staff was still working on this issue. Page 8 - Council Meeting Minutes, July 26, 1999 ~ . COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING 0069 ADJOURNMENT. PUGHlFIGLEY... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:30 p.m.. APPROVED Richard Jennings, M ATTEST_[Y\~~~ Mary Te ant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, July 26, 1999 ~