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Minutes - 04/24/2006 COUNCIL MEETING MINUTES APRIL 24, 2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 24,2006. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0025 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Interim Community Development Director Zwerdling, Public Works Manager Rohman, Recreation Services Manager Patterson, City Recorder Tennant 0050 ANNOUNCEMENTS. A) Marion County Board of Commissioners will hold a public hearing regarding City ofWoodbu01 Legislative Amendment 06-2, the Woodburn Periodic Review, in the City Hall Council Chambers on Wednesday, April 26, 2006, at 7:00 p.m.. B) Registration for Summer Recreation Programs will begin on May 1, 2006 at the Aquatic Center. C) \Voodburn Public Library Spring Concert series will host the vocal harmonies of Jodee Midura, Mary Curtis, Sally Holstead and Patti Eamons on Sunday, May 7,2006, 2:00 p.m., in the City Hall Council Chambers. () 1 05 APPOINTMENT TO LIBRARY BOARD. Mayor Figley appointed Phyllis McKean to Position VI of the Library Board with her term to expire December 31, 2008. Ms. McKean was in attendance at the meeting to answer any Council questions. NICHOLS/MCCALLUM... approve the appointment of Phyllis McKean to the Library Board - Position VI, with a ten11 expiration date of December 31,2008. The motion passed unanimously. The Mayor also thanked Ardis Knauf who had served on the Library Board for at least 18 months longer than what she really wanted to serve but had agreed to stay on the Board until such time as another individual was appointed. Page I - Council Meeting Minutes, April 24, 2006 T COUNCIL MEETING MINUTES APRIL 24, 2006 TAPE READ ING 0186 PROCLAMATION: VOLUNTEER WEEK- APRIL 23-29.2006. Mayor Figley read the proclamation declaring the week of April 23-29, 2006 as Volunteer Week in the City of Woodburn and encouraged residents to recognize all volunteers for their time, energy, and talents in helping others within our community. She stated that she had read the proclamation at yesterday's Open House at the Library's 100th Birthday Celebration in recognition of the many volunteers who devote time to the Woodburn Library and/or Woodburn Museum. 0275 PRESENTATION: FOOD DRIVE DONATION. Mike Conzoner, Superintendent of MacLaren School, stated that the employees of MacLaren participate in the annual Governor's Food Drive. This year's contribution to the AWARE Food Bank was 6,075 pounds of food which equates to $1,012.00. He presented a check to a representative of the AWARE Food Bank. Mayor Figley thanked Mr. Conzoner for MacLaren's support of programs within our community. 0440 PRESENT A TION: POLICE DEPARTMENT - AFTER APRIL 13. 2006 INCIDENT REPORT. Police Chief Russell stated that there was an April 13, 2006 protest rally in Woodburn relating to potential federal legislation on immigration issues. The Police Department had been unable to obtain much information on what would be occurring and who all would be involved until Wednesday, April 12th, and even then there was very limited information available. This was a loosely organized coalition and students from Woodburn, Gervais, North Marion, and Silverton participated in this event. There was no parade permit applied for or issued by the City and the event did not require street closures. It was estimated that between 400-800 people participated with the initial gathering location at French Prairie Middle School. Participants walked on the sidewalk along Highway 214 to the vacant lot located just east of the 1-5 Interchange. Following a briefrally, the participants transitioned backed to French Prairie, the high school, or back to the area from which they came. There were no buses or other organized transport available to get the students to the rally. Overall, it was an orderly rally but there was some minor rock throwing that was quickly controlled. The City received mutual aid assistance from the Marion County Sheriffs office, State Police, Keizer Police, Sherwood Police, Lake Oswego Police, Salem Police and ODOT. He stated that the Oregon State Police Mobile Response Team (Crowd Control Unit) was on standby but there was no need for them to be used since the crowd did not get out of control. Councilor McCallum questioned if any organization could be identified for organizing this event. Chief Russell stated that it was a number of students from various schools who organized the event. There were some individuals from PCUN and some of their affiliated organizations assisting just prior to the event to get the students organized and on the Page 2 - Council Meeting Minutes, April 24, 2006 r . . COUNCIL MEETING MINUTES APRIL 24, 2006 TAPE READING sidewalks. They also provided some adult supervision during the rally. Councilor McCallum expressed his appreciation to the Woodburn Police Department and to the other agencies who provided mutual aid assistance so that the event was made as safe as possible. Mayor Figley also expressed her appreciation to the Police Department and local agencies who assisted in crowd control for this protest march. Councilor Lonergan inquired as to whether or not another rally would be held in the City on this issue. Chief Russell stated that there is a likelihood that the City will see some strong positions on both sides as long as Congress is active on this subject. He has become aware of events scheduled in larger cities on May 1, 2006 but his department is working on contingency planning in case there is some spot protest within our community. Councilor Nichols did compliment the students who walked on Highway 219 back towards Gervais since they were walking in a very peaceful and orderly fashion. It was noted that there were approximately 25-30 officers working to keep this event under control for a total of 114 man hours. Councilor Cox also expressed his appreciation to the Police Department in that they approached this rally with the right attitude by recognizing that people have a right to do what they did and the Department's job was to protect the public's health and safety. 1409 PRESENTATION: POLICE FACILITY UPDATE. Chief Russell stated that construction is scheduled for completion in September 2006 and occupancy soon after. Construction costs continue to be under the target budget and the Construction Manager has assured him that the major budget risks have been addressed. The building will be an efficient and effective work place that will be survivable and operational in the event of a major disaster. He reviewed the construction process that has been completed to date and showed a number of slides beginning with site preparation to current installation of structural steel and stud wall installation. The building will look very much like the conceptual design which was shown to the voters prior to the vote on the bond issue. Councilor Bjelland questioned what the final decision was on the roofing material. Chief Russell stated that it will be a 20-year steel roof with a laminate coating since the copper roofing material originally discussed was cost prohibitive. 2114 CHAMBER REPORT. See corrected Deb Jaeger, representing the Chamber Board, reported that the Branding process is mi nutes of moving forward and the Woodburn Brand Strategy Assessment phase was provided May 8, 2006 background materials and records [rom the research and community consultation conducted by Total Destination Management. On April 19t\ an opening ceremony was held at Woodburn Company Stores for the new information kiosk. She also stated that Kim Gieger is the new Administrative Assistant at the Chamber and she is replacing Page 3 - Council Meeting Minutes, April 24, 2006 COUNCIL MEETING MINUTES APRIL 24, 2006 TAPE READING Ronda Judson who is retiring after serving the Chamber for many years. The Chamber is planning a celebration to honor Ronda Judson which will be held at the Chamber office on Friday, April 14th, from 4:00 pm until 6:00 pm.. Lastly, the Chamber is working with SEDCOR and Chemeketa to create a Truck Driver Training program which would include truck driving and customer service. Councilor McCallum stated that Ms. Judson has requested that in lieu of gifts, donations be given to Relay for Life for the Chamber team. 2290 Jackie !to, 4555 37lh Ave, Salem, stated that she is a member of the Rodriguez family who would like to speak to the Council about Agenda Item l1F. Mayor Figley requested that she hold her comments until the item is discussed by the Council. 2399 CONSENT AGENDA. A) approve the regular and executive session Council minutes of April 10, 2006; B) accept the draft Planning Commission minutes of April 13, 2006; C) receive the Police Department Statistical report for March 2006; D) receive the report on the Aquatic Center Revenue Comparison through March 2006; E) receive the Recreation Services Division attendance reports for February and March 2006; F) receive the Recreation Services Division winter and spring revenue reports for February and March 2006; G) receive the claims report for March 2006; H) receive the report on the removal of street tree located at 255 N. Second Street; and I) consent to the City Administrator's removal, without cause, ofD. Randall Westrick from the position of Recreation and Park Director effective April 13,2006. Councilor McCallum brought up the tree removal report for Council discussion. He stated that he had reviewed the arborist report and, after visiting the site, felt that it was a weak report in that it did not say that it was a safety hazard. His concern is that this is a significant tree and he questioned ifpruning of this tree might not be applicable rather than removal since the tree is experiencing new growth. 2618 Councilor Lonergan declared a possible conflict of interest since he is a neighbor to the property owner requesting the tree removal and he has been familiar with the tree for over 40 years. He removed himself from the Council bench. Public Works Director stated that staff is very conscious of any trees in public right-of- way and before they are removed, they must be reviewed by the City. The property owners have the privilege to maintain and enjoy any tree within the right-of-way and the City does provide some subsidy to property owners in the event there is a need for major pruning or tree removal. Councilor McCallum questioned what the expense would be for pruning versus tree removal. He also stated that he did not see in the report anything that would indicate Page 4 - Council Meeting Minutes, April 24, 2006 l' COUNCIL MEETING MINUTES APRIL 24, 2006 TAPE READING there is a health and safety issue that needs to be addressed. Director Tiwari stated that tree pruning would be similar in cost to tree removal. In this case, something needs to be done to make the area safer for pedestrians and motorists. The property owner had requested that the tree be removed and the City contracted with the arborist to inspect and provide a report. Councilor Cox also felt that the report did not justify that the tree should be removed. Mayor Figley stated that she did not like to ask for the property owner or the City to double pay by first doing a major pruning job followed by tree removal a short time later. Councilor McCallum stated that he had found in his past experience with trees that it was easier to have them trimmed rather than removal when there was no hazard issue to address. Councilor Cox felt that it would be advantageous for Public Works to analyze if the City knows and trusts the arborist and if they are uncomfortable with this arborist, then move forward with having another arborist evaluate the tree. If staff is comfortable with this arborist, then ask him to provide supplemental information to his report so that the Council can make a final decision. Frank Lonergan, 245 N. Second St., stated that during the fall and summer months the tree is beautiful. However, cars are parked under the tree about 15 hours out of each day and several times he has seen limbs fall from the tree. The tree needs some serious pruning and it has torn up the sidewalk over the years. He stated that part of the fault lies with the power and telephone companies in that they have gone through the center of the tree and gutted out the interior making it an unattractive tree. He stated that there is a safety concern in that branches do fall from the tree and this has been on-going for a long time. Cameron Fleck, 255 N. Second, stated that he purchased the home several months ago with the intent of rebuild it to look as nice as Frank Lonergan's home which more likely boost up the property values in that area. He stated that he is willing to take out the tree and the concrete at his expense. He also stated that he had acquired pictures of the tree from the 1950's and it looks the same size now as it was then. He is concerned about the health of the tree based and requested that he be allowed to remove it and replace it as required under the City's tree ordinance. Mayor Figley stated that she would like to obtain an explanation from the arborist as to what "in decline" means since it makes no sense to require the homeowner and taxpayer pay twice if it is a situation that is inevitable. BJELLAND/SIFUENTEZ... consent agenda be approved as presented. On roll call vote, the motion passed 3-2 with Councilors McCallum and Cox voting nay (Councilor Lonergan did not take part in the vote due to a conflict of interest). Councilor Lonergan returned to the Council bench at 7:59 p.m.. Page 5 - Council Meeting Minutes, April 24, 2006 ,. COUNCIL MEETING MINUTES APRIL 24, 2006 TAPE READING 3960 PUBLIC HEARING ON LEGISLATIVE AMENDMENT 06-01: MILL CREEK GREENWAY MASTER PLAN. Mayor Figley declared the public hearing at 8:00 p.m.. Interim Community Development Director Zwerdling stated that this plan is being processed as a Type 5 Legislative Application and the Planning Commission held a public hearing on this application on March 9, 2006. The Commission adopted a final order recommending approval of the Master Plan at their March 23,2006 meeting. 4144 Herb Mittmann, Park Board Chair, stated that there has been a lot of community members involved in the development ofthis plan which included community meeting. A National Park Service plan was used as a guide to develop this plan which will be a basis for any design and construction in the future. He reiterated that the master plan has been done in a broad sense and the design aspect is the next phase. In order to apply for funding sources, the master plan must first be adopted by the City. He stated that the design work must be completed for the whole system rather than doing the work in segments. All of the comments made by the public in the development of the master plan will be considered in the design phase. Questionnaires were distributed to the entire community to obtain information on the greenway master plan and neighborhoods were involved in this process. He stated that there are still some issues pending on property rights in some areas but that will be worked out during the design process. 4488 Bruce Thomas, 795 Corby St., expressed his support of the greenway master plan. He stated that the process has been going on for more than the two years in which he was involved in and, once adopted and construction projects take place, this greenway will enhance the City. In his opinion, the greenway should be done in small sections and each section should be done correctly. When finished, residents will be able to access some portion of the greenway within 5 minutes of their home or business and the greenway will touch almost every major school and park with a continuous loop through the City. The path would be wide enough for maintenance vehicles to use in order to take care of the grcenway but access will be limited to walkers, runners, hikers, bicyclists, and handicapped vehicles. Additionally, the path will include signage, benches, and workout stations. Richard Morris, 1210 Judy Street, stated that he was in favor of the plan and he had participated to some extent in the process. He complimented those individuals who put the plan together. Since the area is considered as wetlands, developing the greenway will beautify the area for the City and the neighborhoods. 4942 Sue Christensen, P.O. Box 997 Woodburn, stated that she had participated in some of the meetings for the greenway and shared her concern on the width of the path since it ranges from a minimum of 3 foot wood chips or crushed rock, a minimum of 10 feet for asphalt, and a minimum of 3 feet of paved rest area, bench, and trees. This totals a minimum width of 16 feet which, in her opinion, is a roadway width and felt that this width would encroach into the protected wetlands area. A wetlands study had been completed by the City several years ago which resulted in a commitment by the City to protect the wetlands Page 6 - Council Meeting Minutes, April 24, 2006 l' COUNCIL MEETING MINUTES APRIL 24, 2006 TAPE READING and she did not feel that this plan would provide that level of protection. Interim Director Zwerdling stated that the Woodburn Development Ordinance does have a significant wetland overlay district and any development in a protected wetland area does give referrals to the Department of State Lands and they review proposals. Any restroom facility or play equipment would also be looked at through the Planning Department. Further planning will be required before actual construction projects are allowed along the greenway. Mayor Figley declared the public hearing closed at 8: 14 p.m.. Councilor Bjelland reminded the public that is an approval of a master plan and it will still need to go through design considerations. Issues pertaining to the width and location of the pathway will be addressed and, in those cases where the pathway would be going through areas where it could be sensitive to nature and wetland issues, he hoped that the design would allow for less obtrusive or narrower paths in those areas. He stated that Ms. Christensen expressed valid concerns and hoped that they would be addressed in the final design of the actual pathway. Councilor McCallum stated that he was pleased with the number of people who participated in this project and in the number of opportunities given to the public to respond to this process. COX/NICHOLS... approve the Mill Creek Greenway Master Plan Legislative Amendment 06-01 and instruct staff to prepare an ordinance with findings to substantiate the decision. The motion passed unanimously. 5497 PUBLIC HEARING: SALE OF SURPLUS PROPERTY AT 670 GATCH STREET. Mayor Figley declared the public hearing open at 8: 18 p.m.. Administrator Brown stated that the Council had given staff the direction to begin selling City property that the City had no further use for and the revenues from the sale of these lands would generate some revenue towards a new Community Center. The forms of sale utilized have included a real estate sale, a competitive bid process, and, in this case, a negotiated sale with a non-profit agency. Under State law, the City is required to notice, and hold a hearing in order to give the public an opportunity to comment on the proposed sale. He stated that an appraisal was done in January 2002 and it was based on the assumption that it would be two oflots of undeveloped land. The appraised value at that time was $45,000 and it assumed that the quality of property was good buildable land. However, the City has been using this property for many years for disposal of soil from City projects with questionable material in some of the soil. Additionally, there were some 55-gallon drums at the site that suggested that there might be some type of pollution at the site. In 2001, the City did a Level I environmental analysis and there was enough concern generated out of that assessment that additional environmental work be need to done before this property was sold. In regards to development impact fees, it has been over 10 years since the Council has granted any adjustments to these fees. Approximately 3 years ago he was contacted by Habitat for Humanity seeking for City owned property in Page 7 - Council Meeting Minutes, April 24, 2006 i COUNCIL MEETING MINUTES APRIL 24, 2006 TAPE READING which they could purchase at a reasonable amount so that they could make the difference up on the fees that they would otherwise be paying. Discussion was held with the organization regarding this 6,700 sq.foot lot and a sales price was arrived at for $15,000.00. Based on previous Council direction regarding this potential agreement, the sales agreement includes a number of conditions including a provision in that the property would revert back to the City if the property is not developed as planned and a non- remonstrance agreement in case the City ever decides to propose a local improvement district for Gatch Street improvements. It was also noted that a significant amount of work has been done by Habitat for Humanity at their cost which includes additional valuation of the site, engineers have evaluated site to determine the structure that can be built on the site, cost of the survey work to partition the lot, and pay for all title transfer costs. He stated that the advantage of this sale is that it gives the City an opportunity to sell a parcel of land that is marginal, it gives Habitat for Humanity an opportunity to build another home in Woodburn that will be owner-occupied by a family who will help in the construction of the home, and the property will be placed on the tax rolls. COLlncilor Cox questioned if the reverter conditions would be a part of the deed of conveyance when the transaction is closed, therefore, the owner would not be able to sell the property in future years without being subject to these conditions. Administrator Brown stated that at the time the agreement was prepared the intention was that Habitat for Humanity would do what they said they were going to do with the property within a reasonable time frame. These provisions are not really necessary at this time but are reflective of the document that has been signed. Habitat for Humanity is very excited about this project and have scheduled a groundbreaking for Saturday, May 1, 2006, and they have a person identified to build the home immediately. Councilor Cox stated that there should not be a condition on the property that would limit its use many years into the future. Administrator Brown stated that the resolution within the agenda packet could be amended prior to adoption to keep those provisions that the Council feels should be retained. Mayor Figley stated that she did not feel that they should be included in the deed since it is apparent that Habitat for Humanity will move forward with the building of an owner- occupied home. Councilor Sifuentez questioned if Habitat for Humanity is concerned with building on a fill site. Administrator Brown reiterated that they have done their own engineering inspection work and they do not see it as a problem, however, they do proceed at that risk. Councilor Cox also stated that this is always the possibility that if something really bad is discovered on the lot, the City could have a contingent liability for the cost by being in the chain of title even though we may not have caused the problem. Attorney Shields stated that warranties are fairly basic in this type of sale and it does state that the City, to our knowledge, has used the property in compliance with environmental Page 8 - Council Meeting Minutes, April 24, 2006 T COUNCIL MEETING MINUTES APRIL 24, 2006 TAPE READING regulations. There will always be the prospect that the City might be included in a legal action if an environmental issue is brought forth. In this case, the property is being sold "as is". 0178 Jodee Fischer, President of the North Willamette Valley Habitat for Humanity, expressed her appreciation to the Council for working with their organization and urged the Council to adopt the Resolution. Richard Jennings, 575 Filbert Street, stated that the area has been filled over the years and questioned what might happen if the fill does have some environmental issues in the future. He stated that he is in favor of the property sale but he wanted to be sure that Habitat for Humanity knows that this lot does have underground fill. Councilor McCallum stated that he has seen a lot of fill go into this large parcel over the years but he had also seen a lot of good earth being used as fill. Councilor Bjelland stated that the full parcel size is approximately 32,600 square feet which has been subdivided into two parcels one of which is the lot being sold at only 6,700 square feet. He felt that the majority of the land fill is in the large parcel being retained by the City and this part of the lot has the least amount offill and the best location for placement of a structure. Based on the information received, Habitat for Humanity has done some due diligence from their standpoint to make sure that the site will meet state standards. 0412 Jerry Blem, 759 Blaine Street, stated that he lives 2 lots away from the property being considered for sale. He stated that he was unaware that this parcel was going to sold by the City and he had been looking for a parcel in the area to build a home on for himself and would have liked to have had the opportunity to make an offer on the land. He stated that he is a life-long resident of Woodburn and has been looking in that area for a vacant lot for a building site. 0485 Councilor Sifuentez questioned Mr. Blem ifhe would have been interested in the lot if it had been up for sale 5 years ago. Mr. Blem stated that he was unaware of the City's intention to put that lot up for sale. He had been under the assumption that when City property was put up for sale it was either posted or listed for sale so that the public had an opportunity to purchase. City Attorney Shields reviewed the process the City must follow when it sells property. It was noted that it is possible to have a competitive sale if the City thinks it serves the public's interest. It is also possible, like in this situation, to have a negotiated sale. There is some legislation and litigation that upheld negotiated sales since it is not a land use decision and that under the state statute the City merely has to determine that it is surplus property and that it is in the City's interest to sell the property. Within State Statute Chapter 221, cities are required to publish a notice of sale, outline the terms of the sale, property value and how it is determined, and declare it as being surplus property. He reiterated that the public has a right to discuss the sale of surplus property with the Council. Page 9 - Council Meeting Minutes, April 24, 2006 '!' COUNCIL MEETING MINUTES APRIL 24, 2006 TAPE READING 0768 Mayor Figley declared the public hearing closed at 8:42 p.m.. Councilor Cox stated that there are two conflicting policies to discuss and the Council needs to make a judgment call on which policy to follow. One policy is for the City to obtain maximum dollar for public property and everybody should be treated equally. Another policy is that there are certain programs and organizations in which the Council favors their policies and they be given the opportunity to negotiate with the City without opening up the process to anyone else who would offer a dollar more. He stated that this is surplus property that needs to be sold and he has no problem with the proposed transaction except for some details about the terms. Councilor McCallum felt that the Council has not provided subsidies over the past several years and felt that a fair transaction will be made with Habitat for Humanity since the property could have been difficult to sell under the circumstances. Councilor Bjelland stated that many cities do land banking for projects like this in order to provide it to developers of affordable housing as low market prices. Additionally, Habitat for Humanity has invested a lot of their time and money into making sure that this sale goes through and it would be unfair to them to put this out into an open competitive bid. Mayor Figley agreed that Habitat for Humanity has acted in good faith and the City has tried to act in good faith with them. At this point, she felt that the City would be breaching that faith and trust if the negotiated sale did not go through. There is a family counting on having their home being constructed and she is supportive ofthis sale. COllncilor Sifuentez also expressed her support of the negotiated sale but encouraged residents interested in purchasing surplus City property to contact City Hall to see what other property might be available. COX/MCCALLUM... declare this property as surplus property and approve the sale to Habitat for Humanity after the staff has drafted an appropriate resolution documenting the Council's decision, and the sale price be $15,000.00. On roll call vote, the motion passed unanimously. 1198 COUNCIL BILL 2621 - RESOLUTION DECLARING CERTAIN CITY PROPERTY LOCATED AT 670 GATCH STREET TO BE SURPLUS PROPERTY AND AUTHORIZING THE CITY ADMINISTRATOR TO SELL SAID PROPERTY TO HABITAT FOR HUMANITY. Councilor Sifuentez introduced Council Bill 2621. Recorder Tennant read the bill by title only since there were no objections from the Council. COX/LONERGAN... amend to delete sub-paragraph A of Section 4 concerning single family owner-occupied self-help homesite, and secondly, to further amend Section 4 by adding a provision that the buyer will agree to indemnify to the extent permitted by law the City against future liability for environmental clean-up on the site. Habitat for Humanity representatives did not object to the language as proposed in the motion. Page 10 - Council Meeting Minutes, April 24, 2006 ,. COUNCIL MEETING MINUTES APRIL 24, 2006 TAPE READING On roll call vote, the motion to amend passed unanimously. On roll call vote for final passage, the bill passed unanimously as amended. Mayor Figley declared Council Bill No. 2621 duly passed. 1488 COUNCIL BILL NO. 2622 - RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 22829 WITH THE STATE OF OREGON. Council Bill No. 2622 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 No. 2622 duly passed. 1543 COUNCIL BILL NO. 2623 - RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2005-06. Council Bill No. 2623 was introduced by Councilor Sifuentez. 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 unanimously. Mayor Figley declared Council Bill No. 2623 duly passed. 1606 COUNCIL BILL NO. 2624 - RESOLUTION ENTERING INTO AN INMATE WORK PROGRAM AGREEMENT WITH THE STATE OF OREGON FOR USE OF INMATE WORK CREWS AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT AND FUTURE STATE OF OREGON INMATE WORK PROGRAM AGREEMENTS FOR USE OF INMATE WORK CRE\VS THAT MAY BE RECEIVED BY THE CITY. Councilor Sifuentez introduced Council Bill No. 2624. The bill was read by title only since there were no objections from the City. Mayor Figley stated that utilization of the work crews have enhanced the condition of the parks and has freed our staff to do the skilled work necessary to keep up park maintenance for public use. Councilor McCallum questioned if the City has had any problems in the past with this program. Administrator Brown stated that the City has not had any problems as ofthis date. Public Works Manager Rohman stated that he had not heard of any problems and that the State does a thorough screening of inmates to determine who will be allowed to work as part of one of these crews. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2624 duly passed. 1773 CONTRACT AWARD: STREET RESURFACING IMPROVEMENTS. Bids were received from the following contractors for resurfacing Rainier Road, Thompson Road, Vanderbeck Lane, Cahill Way, Broughton Way, Dellmoor Way, Page 11 - Council Meeting Minutes, April 24, 2006 T COUNCIL MEETING MINUTES APRIL 24, 2006 TAPE READING Hampton Way, and Ecola Way: Morse Bros. Inc., $274,999.35; Parker Northwest Paving, $299,544.80; Eagle-Elsner, $314,991.10; D & D Paving, $315,176.05; Salem Road & Driveway, $322,932.05; North Santiam Paving, $325,559.95; Roy L. Houck, $333,333.33; Brix Paving, $364,575.71; and Hoss Paving, $371,559.20. NICHOLS/MCCALLUM..... award the construction contract to the lowest responsible bidder, Morse Bros., Inc., for resurfacing improvements to various streets in the amount of $274,999.35. The motion passed unanimously. 1822 WATER SERVICE AT 280 S. PACIFIC HIGHWAY. Administrator Brown stated that there is a request to defer any consideration on this item since the attorney representing the property owner was unable to attend due to illness. Councilor Cox suggested that the Council postpone this item for 30 days and ifit cannot be resolved within that time then it be brought back before the Council. He stated that he was in favor of the general policy but would like to postpone any site specific action. Administrator Brown stated that he would like to ask for a postponement to the next meeting since the letter received today is significantly different letter than the one received by staff last week from the same firm. In that letter, it basically said that the City had to give the property owners the water service since they are current water customers even though they are outside of the current city limits. However, he stated that there is case law that differs from the attorney's original letter to the City. Mayor Figley stated that she would like to have some policy discussion relating to city services for property outside of the City. In the past, it had been policy that property owners were to annex into the City for these services since it is a fairness issue to current city residents. However, for this particular site specific request, she felt that the property owners should be given the opportunity to address the Council. Councilor Bjelland stated that there are two issues before the Council and felt that discussion on the policy is appropriate for this meeting. He concurred that it if there is movement to begin annexation into the City on this particular property and, if that is the direction being taken, then a decision regarding turning off the water can be delayed to a subsequent meeting. 2112 Jackie Ito requested that the letter from Attorney Rhoten be recognized and that this agenda item be tabled in order for her family and their attorney to further discuss more thoroughly the possibility of voluntarily annex into the City. It is important that water be provided for a fire sprinkler system for this property. Mayor Figley reiterated that the City has historically taken the position that city services require the voluntary annexation into the City which is why this issue is before the Council. It was the consensus of the Council to include this item on the next Council agenda. Page 12 - Council Meeting Minutes, April 24, 2006 " COUNCIL MEETING MINUTES APRIL 24, 2006 TAPE READING 2346 Administrator Brown stated that there are 17 properties spread around the City with a little over half of these properties being zone commercial and all are located along Highway 99E with many of them on South Pacific Highway 99E. Several of the residential properties are also located off of Highway 99E. The properties are all contiguous with City limits and there would be no hindrance to annexation other than the property owners reluctance to annex into the City. Staff has been discussing as to why water service has been allowed to continue at a location that is no longer in use, change of use, or change in ownership. These are similar triggers that are used in other City development codes and staff would like to bring the policy more consistent with other development policies. In fairness to all of those properties that have annexed in the past because the City required them to annex, this policy to allow the discontinuance of water service is a good policy that benefits the rate payers within the City and the taxpayers in general. He stated that there are no City ordinances that address this specific matter. Additionally, there are some property owners with sewer service, some of which have both water and sewer service, but staff is focused on water service at this time. In the event there is a agreement between a property owner and the City regarding water / sewer service, the policy would not be applied. It was the consensus of the Council for staff to proceed with drafting an ordinance on a policy defining triggers that would require the property owner to annex into the City in order to receive city services. 2926 LIQUOR LICENSE - CHANGE OF OWNERSHIP APPLICATION: TOP OF THE TEE RESTAURANT. 1776 COUNTRY CLUB ROAD. A change of ownership Limited On-Premise liquor license application was submitted by Top-O-Hill Restaurant, Inc., DBA: Top of the Tee Restaurant located at 1776 Country Club Road. BJELLAND/SIFUENTEZ... recommend to the Oregon Liquor Control Commission approval of a liquor license application for Top of the Tee Restaurant. On roll call vote, the motion passed 5-1 with Councilor Nichols voting nay and stating that he had nothing against the Top of the Tee Restaurant but he is opposed to all alcohol sales and what alcohol consumption does to an individual. 3009 PARTICIPATION IN MODEL SIGN ORDINANCE COMMITTEE. Attorney Shields requested Council approval of his participation on a Committee that would draft model sign code provisions in compliance with recent court decisions. BJELLAND/MCCALLUM... approve the City Attorney's participation. The motion passed unanimously. Page 13 - Council Meeting Minutes, April 24, 2006 ,. COUNCIL MEETING MINUTES APRIL 24, 2006 TAPE READING 3100 City Attorney Shields provided a brief update on the Assistant City Attorney position. This recruitment process resulted in a number of qualified applicants and, after interviewing 6 candidates today, he felt that he would be able to select an individual to fill the position. 3205 PLANNING COMMISSION OR ADMINISTRATION LAND USE ACTIONS. A) Planning Commission's approval of Design Review 05-13 located at 1539 Mt. Hood Avenue: Approve construction of a 11,633 square foot multi-tenant commercial building which will house restaurant and retail space. No action was taken by the Council to bring this item up for review. 3248 CITY ADMINISTRATOR'S REPORT. A) Administrator Brown stated that he is working with City Consultant Greg Winterowd to put together a presentation for the public hearing before the Marion County Commissioners. Presenters will include the Mayor, a Planning Commission representative, our Consultant, and staff members. He invited other Councilors interested in giving testimony to contact him tomorrow to discuss presentation material. B) In regards to the Community Development Director recruitment, there will be 6 applicants invited to interviews on May 12th. The interview process will include being interviewed by the department personnel, City Department heads, and a group of Administrative individuals. On May l3t\ he will then interview those individuals who advance to the next interview phase. He hopes to be able to have a hiring decision before the Council by the following Council meeting. C) In regards to Council Bill No. 2623, the contingency fund transfer of $5,000 provides for a beautification project along Highway 214. A red maple tree will be planted along the length of the parkway between Meridian Avenue and slightly beyond the high school on the south side of the roadway. The State has given the City approval for the landscaping project which will include a drip irrigation system and placement of a drip irrigation system out to the median strip. 3525 MAYOR AND COUNCIL REPORTS. Councilor McCallum wished the Library a happy 100 years and yesterday's program to celebrate this event was very good. Mayor Figley added that it was exciting to be a part of a community that really cares about its Library services. COllncilor Sifuentez stated that it is National Volunteer Week and she thanked all of the volunteers in the Woodburn community for their time and talents in making our community stronger. Councilor Cox stated that she had a received a letter from Patti Westfall regarding the parking of motor homes in front of residences and how owners look at different ways to get around the City's 72-hour rule. He hoped that the City would do something about this Page 14 - Council Meeting Minutes, April 24, 2006 ,. COUNCIL MEETING MINUTES APRIL 24, 2006 TAPE READING issue whether it be enforcement or making an amendment to the ordinance. Administrator Brown stated that staff is looking into this issue and a report will be made to the Council. 4020 ADJOURNMENT. MCCALLUM/NICHOLS ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:30 p.m.. APPR I ...--r-' ') ATTEST (v ~ / ~+ Mary TenD t, Recorder City of Woodburn, Oregon Page 15 - Council Meeting Minutes, April 24, 2006 l'