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Minutes - 02/28/2005 COUNCIL MEETING MINUTES FEBRUARY 28, 2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 28, 2005. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Absent Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Police Chief Russell, Public Works Manager Rohman, Community Development Director Mulder, Park & Recreation Director Westrick, Finance Director Gillespie, Senior Planner Zwerdling, Recorder Tennant Mayor Figley stated that Councilor Bjelland was out of town for this meeting. 0050 ANNOUNCEMENTS. A) Woodburn Public Library will begin their "Winter into Spring" concert series with a performance by a Gaelic musician and entertainer, GeoffFrasier, on March 13,2005, 2:00 p.m., at City Hall. B) Public hearing to consider Zone Change 04-04, Boones Ferry Place, has been rescheduled from February 28,2005 to March 14,2005. 0085 CHAMBER OF COMMERCE REPORT. Niki DeBuse, representing the Chamber Board, provided information on the upcoming Chamber events: 1) Greeter's Program will be held on March 4,2005 from 7:30 am to 9:00 am at Countrywide Home Loans. 2) Greeter's Program will be held on March 11 th, 7:30 am to 9:00 am., at Billy-O Deli Pub. 3) Chamber Forum Lunch will be held on March 16, 2005, from 12:00 noon until 1 :15 p.m. at the Tukwila Center for Health and Medicine. The topic of discussion at this luncheon focuses on the High School's restructuring under the Gates Foundation grant. 4) The annual Distinguished Service Awards Dinner will be held on March 18,2005, at Country Meadows Village. Page 1 - Council Meeting Minutes, February 28, 2005 v COUNCIL MEETING MINUTES FEBRUARY 28, 2005 TAPE READING 5) A community auction will be held on April 16th. Organizations coordinating this event are the Woodburn Chamber, Bulldog Foundation, and Woodburn FFA (Future Farmers of America). 0188 LETTER FROM WILLAMETTE BROADBAND. Mayor Figley read a letter from Willamette Broadband (Cable TV and Internet) informing the public that there will be a change in the channel line-up and that they have launched a new internet service. Subscribers to their new internet service will being seeing a slight decrease in on their monthly statement. 0340 CONSENT AGENDA. A) approve the Council meeting minutes of February 14, 2005; B) accept the Special Planning Commission minutes of February 3,2005; C) accept the Planning Commission minutes of February 10, 2005; D) accept the Library Board minutes of February 9,2005; and E) receive the 2003-04 Audit Report. Mayor Figley stated that she was impressed with the implementation of the GASB standards and, even though making the change was extremely difficult for staff since it was a different way of providing information, she found the audit report to be more readable and understandable than in the past. Finance Director Gillespie stated that the new reporting standards did take more effort to provide the required information and has resulted in a delay in getting a final document before the Council. In his opinion, the report does provide more meaningful information for the citizens of our community. The City continues to receive a clean audit report and staff continues to maintain good internal controls which shows that they are paying attention to financial issues that affect their departments. He also stated that copies of the report are available in the Library for public review in addition to the Finance Office. Councilor McCallum questioned if the auditor provides verbal guidance during the year to better the City's accounting practices and procedures. Director Gillespie stated that he does obtain assistance from the auditors during the course of the year as situations arise. Mayor Figley congratulated staff on their continued level of professionalism and integrity relating to financial management issues. NICHOLS/MCCALLUM... accept the consent agenda as presented. The motion passed unanimously. 0738 PUBLIC HEARING: ZONE CHANGE 04-04 (2325 N. BOONES FERRY ROAD). Mayor Figley stated that this hearing had been originally scheduled for this meeting however it has been re-noticed for March 14,2005. Page 2 - Council Meeting Minutes, February 28, 2005 COUNCIL MEETING MINUTES FEBRUARY 28, 2005 TAPE READING 0764 PUBLIC HEARING: LEGISLATIVE AMENDMENT 05-02 - ANNUAL REVIEW OF THE WOODBURN DEVELOPMENT ORDINANCE. Mayor Figley declared the public hearing open at 7: 14 p.m.. Senior Planner Zwerdling presented the staff report outlining proposed revisions to the Woodburn Development Ordinance (WDO) which was adopted in July 2002. Staffhad prepared a list of proposed revisions which had been categorized as (1) minor amendments that did not require Measure 56 notice, and (2) major amendments that did require Measure 56 notice. She stated that this hearing will address the minor amendments to the WDO which were recommended by the WDO Focus Group, forwarded to the Planning Commission for a public hearing, and ultimately adopted by the Planning Commission on February 10, 2005. Councilor McCallum questioned if revision #5 relating to front yard setback would refer to buildings or ponds as a small structure. Planner Zwerdling stated that the code language within the setback open space standards of the code would allow specifically said trellis, arbor, pergola and archway. Councilor McCallum also questioned if revision #15 would reduce the number of parking spaces for new development if the width of a parking space for a compact car slot is reduced. Planner Zwerdling stated that only 20% of the parking spaces can be designated as compact parking spaces and the number of spaces in a development has not changed. This revision will change the WDO to accurately reflect the width of a compact car. No one in the audience spoke either for or against the proposed revisions. Mayor Figley declared the public hearing closed at 7:20 p.m.. Councilor Cox stated that, as a member of the Focus Group, not all of these decisions were easy to make even though they are considered as minor amendments. The Focus Group felt that all ofthese revisions were reasonable adjustments to the WDO. NICHOLS/MCCALLUM... adopt the draft revisions to the WDO based on the findings as presented and instruct staff to prepare an ordinance to substantiate the Council's decision. The motion passed unanimously. 1388 COUNCIL BILL NO. 2555 - ORDINANCE AMENDING ORDINANCE 2312 (WOODURN NOISE ORDINANCE) TO REDUCE CERTAIN DECIBEL LEVELS. (Second Readine) Councilor Sifuentez introduced Council Bill 2555 for its second reading. Recorder Tennant read the second reading ofthe 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 Bi1l2555 duly passed with the emergency clause. Page 3 - Council Meeting Minutes, February 28, 2005 COUNCIL MEETING MINUTES FEBRUARY 28, 2005 TAPE READING 1458 COUNCIL BILL NO. 2558 - ORDINANCE ADOPTING RULES FOR PUBLIC CONTRACTING: ESTABLISHING CERTAIN CLASS EXEMPTIONS: AND PROVIDING PROCEDURE FOR PERSONAL SERVICE CONTRACTS. Councilor Sifuentez introduced Council Bill 2558. The two readings of the bill were read by title only since there were no objections from the Council. Mayor Figley stated that City Attorney Shields had provided a revised Council Bill with an explanatory memo for Council consideration. City Attorney Shields stated that there has been a major change in State law and staff has prepared this document in order to put something in effect prior to March 1, 2004. In general, he followed the State's model rules except where the City could make minor modifications such as in the personal service contract area. He stated that the revised ordinance with the amendments has been given to the City Recorder prior to this meeting therefore there is no need to adopt the amendments by motion. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2558 duly passed with the emergency clause. 1849 COUNCIL BILL NO. 2559 - ORDINANCE ACCEPTING A 2004 RURAL ACCESS TO EMERGENCY DEVICES GRANT RECEIVED DURING FISCAL YEAR 2004-05 AND MAKING APPROPRIATIONS. Council Bill 2559 was introduced by Councilor Sifuentez. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Police Chief Russell stated that the City had originally purchased two defibrillators with grant funds in 2003, however, those units have been found to be defective and the rnanufacturer has gone out of business. New grant dollars have been made available to the City to replace the two units that are inoperable. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2559 duly passed with the emergency clause. 2073 COUNCIL BILL NO. 2560 - RESOLUTION ESTABLISHING A PUBLIC HEARING DATE FOR THE VACATION OF PUBLIC RIGHT-OF-WAY ON A PORTION OF SIXTH STREET FROM WEST LINCOLN STREET TO ITS SOUTH TERMINUS. Councilor Sifuentez introduced Council Bill 2560. The bill was read by title only since there were no objections from the Council. Councilor Lonergan questioned the number of consenting property owners required as part of the vacation process. Public Works Manager Rohman stated that it was his understanding it is adjacent property owners and there were some problems in getting all of the signatures. Prior to the hearing, property owners within the immediate area will receive a written notice of the hearing as required under state law. Councilor Cox stated that this hearing will only start the process and he is willing to Page 4 - Council Meeting Minutes, February 28,2005 COUNCIL MEETING MINUTES FEBRUARY 28, 2005 TAPE READING move forward to see what will happen. On roll call vote, the bill passed unanimously. Mayor Figley declared Council Bill 2560 duly passed. 2288 ANNEXATION POLICY AFTER PASSAGE OF BALLOT MEASURE 37. Councilor Cox expressed his opinion that the City should require a waiver but feels that the City of Forest Grove waiver goes too far in that the waiver would also waive any future claims as it pertains to that property. He agreed that property owners who want to be annexed should not be able to use the fact that they are now in the City as a basis for Measure 37 claims. City Attorney Shields agreed with Councilor's Cox comments and he will bring back a Resolution to the Council at their next regular meeting. 2450 PLANNING COMMISSION AND/OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Partition 04-06, Variance 04-26, and Variance 05-02 (1123 McKinley Street). Allows for the partitions of a lot into 2 parcels, variance approval to the street standards McKinley Street, and a variance approval to allow parcel #2 (which is a flag lot) to have the front property line oriented toward the private access strip. B) Community Development Director's approval of Partition 05-03 (Boones Crossing PUDlo Approves applicant request for modifying the condition of approval by allowing them to provide an easement for access through phase 1 ofBoones Crossing PUD to parcel 1 created in Partition Application Case 04-07. Councilor Cox requested clarification on the condition of approval which had been required at the time the plat was recorded and he questioned what would take the place of this condition. Director Mulder stated that the previous condition would allow for the phasing of the PUD and the condition that was put on it originally stated that before the PUD could be recorded the streets would need to be dedicated in the first phase. The applicant has chosen to grant easements for the streets instead of building all of the streets within the development at this time in order to allow the recording of a partition to create a different phased area.. The City will ultimately end up with paved public streets once the property is developed. 2661 CITY ADMINISTRATOR'S REPORT. 1) Sale of Police Facility Bonds - Last Wednesday, the City did sell the bonds with the low bidder UGS Financial Services being the bidder of choice and the true interest cost of their bid was 4.067%. All of the bond bids were within .1 % of each other and there were 7 bidders for the bonds. This bid was about .3% lower than the figure used when the bond issue was being proposed and Page 5 - Council Meeting Minutes, February 28, 2005 COUNCIL MEETING MINUTES FEBRUARY 28, 2005 TAPE READING taxpayers will see a slight reduction as a result of this sale. The City will not be receiving a premium since the bond market was strong enough last Wednesday that the underwriter took a discount on this issue. The City will receive about $6.99 million for our new facility and the closing date is scheduled for March 9, 2004. 3050 MAYOR AND COUNCIL REPORTS. Councilor Cox stated that he had obtained a copy of a memo from City Attorney Shields that had been prepared in February 2003 on the subject of emergency clauses on council bills. He has asked that this memo be distributed to the Council at their next meeting. He agreed with the comments made by City Attorney Shields and reiterated that the standards should be thought through and a policy decision made by motion. Councilor Nichols congratulated Executive Assistant Clay on her new design of the agenda packet. Councilor McCallum invited the Council to the Relay for Life kickoff event to be held on March 9,2005 at Tukwila Center for Health & Medicine from 5:30 pm to 6:30 pm. Fundraising has already started and teams are being formed for this year's event. Mayor Figley stated that she had participated in the Mayor's Day at the Capitol last Wednesday. After talking to Mayors from other communities, she felt our City is very civil, forward thinking, and conscientious at not only the level of the Mayor and Council but also the entire City staff level. 3410 ADJOURNMENT. NICHOLS/MCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:53 p.m.. -------. III .---r-I' ATTEST / ~. (~~ Mary Te ant, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, February 28, 2005