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Minutes - 09/10/2007 COUNCIL MEETING MINUTES SEPTEMBER 10, 2007 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 10, 2007. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 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, Police Chief Russell, Acting Public Works Director Rohman, Community Development Director Allen, Community Services Director Row, City Recorder Tennant 0028 ANNOUNCEMENTS. A) Woodburn Public Library has resumed their Sunday hours of operation from 1:00 pm until 5:00 pm. B) Celebration of Mexican Independence (September 16) will be held on September 15 and 16, 2007 at the Downtown Plaza. Events include a parade, family and cultural activities, mariachis, food, games, and prizes. Activities will be held from 10:00 am until 9:00 pm on both days with the main event, Celebration of Grito, at 5:00 pm on September 16th. Mayor Figley urged the public to attend and participate in this annual event. C) Recreation and Park Board Meeting for September has been rescheduled to September 18,2007,7:00 p.m., in the Council Chambers. 0055 APPOINTMENT TO LIBRARY BOARD. Mayor Figley appointed Caitlin Brown to serve as the Student Member of the Library Board with her term to expire on August 31, 2008. NICHOLS/MCCALLUM... accept the appointment of Caitlin Brown to the Library Board. The motion passed unanimously. Mayor Figley stated that she is still looking for a Student Member to serve on the Recreation and Park Board and will be working with School Principals to assist in obtaining names of high school seniors who may be interested in being a member of this Board. Page 1 - Council Meeting Minutes, September 10, 2007 COUNCIL MEETING MINUTES SEPTEMBER 10, 2007 TAPE READING 0092 CHAMBER OF COMMERCE REPORT. Walt Blomberg, representing the Chamber of Commerce, stated that the Visitor's Center located at Woodburn Company Stores had 2,500 visitors during the month of August 2007. To date, the Center has had over 13,000 visitors since the first of the year and they are quickly approaching last year's total of20,000 visitors. He announced that the Greeter's Program is again being held on Friday mornings with this Friday's program being held at Chemeketa Community College at 7:30 a.m.. On September 19th, the Chamber will host a forum luncheon at Country Meadows Village at 12:00 noon with guest speaker being Britt Benson Steele from Wellspring Medical Center on the topic "Stress in the Workplace". Lastly, the Crystal Apple Awards will be held on November 2,2007 with West Coast Bank being a Platinum Sponsor along with a number of other businesses sponsoring this event. It is an annual event honoring nominees from all of the surrounding area school districts including St. Luke's and MacLaren. 0149 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, School Superintendent, stated that the School District has over 60 new teachers this year and they have started a Mentor Program in which 20 mentors will begin working with the new teachers. The District has also adopted a new Science Program this year at the middle school level which integrates English language literacy in with the science curriculum as a way of building writing and reading skills as they learn science. At the high school, the district has set-up a centralized reception area in the main foyer so that everyone who comes to the high school will have a central place to go to regardless of the school they want to reach. Lastly, a brand new District website will be up and running on October 1, 2007 which will be displayed in two languages with work taking place on including a third language. 0209 LETTER FROM OREGON ECONOMIC AND COMMUNITY DEVELOPMENT DEP ARTMENT - COMMUNITY DEVELOPMENT BLOCK GRANT APPROVAL. The City has been awarded a Community Development Block Grant in the amount of $300,000 to be used toward Downtown Revitalization with contract documents to be submitted to the City in the near future for review and contract execution. 0225 LETTER FROM U.S. DEPARTMENT OF JUSTICE - WEED AND SEED GRANT APPROV AL. The City has also been awarded a Weed and Seed Grant from the federal Office of Justice Programs. This grant will provide up to $1 million over a five year period with $175,000 available for this year. Page 2 - Council Meeting Minutes, September 10, 2007 COUNCIL MEETING MINUTES SEPTEMBER 10, 2007 TAPE READING 0230 E-MAIL FROM DON BUTLER - W. Hayes Street. Mayor Figley stated that following receipt of the e-mail, Administrator Brown has responded to Mr. Butler regarding status of West Hayes Street / Settlemier Avenue intersection improvements. 0274 CONSENT AGENDA. A) approve Council regular and executive session minutes of August 13,2007; B) accept the Recreation and Park Board draft minutes of August 14,2007; C) accept the Special Planning Commission draft minutes of August 30,2007; D) accept the Planning Project Tracking Sheet dated September 6,2007; E) receive the Building Activity Report for August 2007; F) receive the Community Services Department Statistics report for July 2007; G) receive the Code Enforcement Statistics report for July and August 2007; and H) receive the Police Department Statistics report for July and August 2007. NICHOLS/SIFUENTEZ... adopt the Consent Agenda as presented. The motion passed unanimously. 0307 TABLED BUSINESS - ORDINANCE UPDATING AND REVISING THE PROCEDURES RELATED TO TREES WITHIN THE CITY OF WOODBURN. REPEALING ORDINANCE 1908. AND SETTING AN EFFECTIVE DATE. COX/MCCALLUM... proposed tree ordinance be removed from the table and put under General Business Item 11A. The motion passed unanimously. 0328 COUNCIL BILL NO. 2678 - ORDINANCE UPDATING AND REVISING THE PROCEDURES RELATED TO TREES WITHIN THE CITY OF WOODBURN. REPEALING ORDINANCE NO. 1908. AND SETTING AN EFFECTIVE DATE (Second Readin2). This bill was introduced at the last meeting, and after having two readings, was tabled until this meeting. Following a brief discussion, it was determined that the bill should have two readings at this meeting since the bill has been substantially amended since the time it was previously read. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Bjelland questioned if a certified arborist needs to be on-site when a tree is removed, pruned, or treated. Administrator Brown stated that a certified arborist or someone working with or for a certified arborist would be doing the pruning. The intention is that someone who knows what they are doing would be pruning the street or park trees. The certified arborist would not necessarily be on-site but if the arborist has an employee working for them, they would have given the employee instructions as to the proper methods to prune the tree. Page 3 - Council Meeting Minutes, September 10, 2007 COUNCIL MEETING MINUTES SEPTEMBER 10, 2007 TAPE READING Councilor Cox stated that some landscapers are not certified arborists and, once an arborist report has been submitted and a permit granted, it may be difficult to make sure that the arborist instructs the person doing the work on proper way to prune the specific tree or trees. Administrator Brown stated that there is a wide spectrum of contractors in the area that have the Arborist certification. Acting Director Rohman stated that contractors used by the City for any tree removal or pruning has Certified Arborist on staff who then provide direction to the crew. Councilor McCallum stated that pruning is of some concern since some of the trees previously pruned had not been done with the idea of making it a better tree rather it has been to protect an overhead investment (utility lines). Councilor Lonergan questioned if a homeowner could remove and/or prune a tree damaged from a storm. Acting Director Rohman stated that the City will normally take care of street trees damaged by a storm. Councilor Lonergan questioned if there was a time frame in which a tree would need to be replaced. Acting Director Rohman stated that the tree will need to be replaced in a timely manner, however, staff will be looking at the time of the year and other conditions in which to determine when it will need to be replaced. Administrator Brown stated that there is some permissiveness in this proposed ordinance since there may be other issues as to the location of a new tree in the right-of-way rather than replacement at the same location. He recommended that the Public Works Director be given the authority to set a time frame for the replacement. City Attorney Shields stated that proposed ordinance does set an effective date of November 1, 2007 thereby giving the Public Works Department sufficient time to obtain the necessary forms to comply with the permit process. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2678 duly passed. 0634 MILL CREEK GREENWAY GRANT AGREEMENT. The Oregon Parks and Recreation Department awarded the City with a $210,000 grant to be used toward Phase I of the Mill Creek Greenway project which involves construction of a trail system, benches, trash receptacles, and replacement of the playground at Hermanson Park 1. The project design work will begin this fall and construction beginning in the spring or early summer of2008. BJELLAND/MCCALLUM... authorize the City Administrator to enter into a Local Government Grant Agreement with the Oregon Parks and Recreation Department for the Mill Creek Greenway, Phase I, project. The motion passed unanimously. Page 4 - Council Meeting Minutes, September 10, 2007 COUNCIL MEETING MINUTES SEPTEMBER 10, 2007 TAPE READING 0643 OLCC LIQUOR LICENSE CHANGE OF OWNERSHIP - GROCERY OUTLET. 1575 MT. HOOD AVENUE. Staff recommended approval of a liquor license change of ownership application submitted by Shannon Browning DBA: Grocery Outlet of Woodburn for an Off-Premises Sales license. COX/LONERGAN... recommend to OLCC approval of a transfer of ownership liquor license application for Grocery Outlet. On roll call vote, the motion passed 5-1 with Councilor Nichols voting nay. 0670 ACCEPTANCE OF PUBLIC RIGHTS OF WAY - INDUSTRIAL WELDING SUPPLY (610 N. Pacific Hi~hway and 1475 Aztec Drive). Staff recommended acceptance of the public rights of way being conveyed to the City by Industrial Welding Supply as a condition of approval of Design Review Case No. 05-14. The additional 11 foot width of land will provide a 60 foot right-of-way on Aztec Drive adjacent to the property owned by Industrial Welding Supply Inc.. BJELLAND/SIFUENTEZ...accept the public rights of way as described on Attachments "A" and "B" in the agenda packet. The motion passed unanimously. 0685 REMOVAL OF TWO TREES AT 217 N. SECOND STREET. NICHOLS/MCCALLUM.... uphold staffs denial of the request to remove two poplar trees located at 217 N. Second Street. Councilor Cox stated that this is an incident whereby the property owner has hired an arborist and the arborist report indicates that the trees should be removed. On the other hand, staff is recommending that the trees not be removed since they are healthy. He stated that the trees are overgrown and, according to the arborist report, the trees are unstable because much of the root system is under asphalt and/or concrete. He questioned staff as to why they did not follow the arborist's recommendation in this case. Acting Public Works Director Rohman stated that the arborist did say in the report that the tree was healthy, however, due to the location and the size of the trees, there was some potential for the trees to fall since roots are under the street and sidewalk. The hazard is greater in the winter months but the trees do lose their leaves in the winter thereby taking away some of the risks of failure. Councilor Cox questioned if this request was brought before the Council since it is a proposed denial or if it was brought before the Council as part of an appeal process. Administrator Brown stated that the property owner disagrees with the staffs recommendation to deny and the owner has a right to address the Council before a final decision is made. Councilor Lonergan stated that he used to own this house a couple of property owners before Mr. Ashland. Tom Ashland, property owner, stated that he has been in landscaping for many years which includes mitigation of trees. He stated that the two Poplar trees were topped 40 or Page 5 - Council Meeting Minutes, September 10, 2007 COUNCIL MEETING MINUTES SEPTEMBER 10, 2007 TAPE READING 50 years ago, therefore, the trees have 20 or 30 central ears coming out of the main part of the tree. Those central ears are the main hazard in that they are more likely to break and cause damage. The longer the trees are allowed to stand, the more hazardous the condition since those central ears will be unable to withstand much more weight. If allowed to remove these trees, he would be replacing them with approved street trees and he requested that the Council think about how those replacement trees will look in that area after 20 years. Councilor Cox stated that poplar trees are not on the approved list of trees to be planted in the right of way since this type of tree has some problem with being brittle and having evasive roots. Councilor Lonergan stated that these trees do provide a lot of shade and beauty along Montgomery Street, however, he has seen large branches fall over the years. A wind storm came through the area yesterday and there were at least 45 branches that came off the tree. When an arborist report indicates that the trees are potentially dangerous, then consideration should be given for tree removal. Mr. Ashland stated that his plan is to remove the two trees and replace them with approved street trees and to put root barrier along the street and sidewalk so that the new trees do not have a similar problem. Additionally, they would plant two more trees along Second Street. If allowed to remove the trees this fall, they would then poison the tree stumps since poplar trees do not naturally die and roots sprout up in the surrounding area. A few months later, they will grind out the stumps and plant new trees within the right of way. In any event, he would like to do corrective pruning in the hopes that the trees would be more stable but his preference is to remove the trees and replace them with approved street trees since the poplar trees are a potential hazard. Councilor Nichols stated that he would withdraw his second if Councilor McCallum wanted to withdraw his motion. Councilor McCallum stated that he did not want to withdraw his motion since the word used is 'potential' which could be applied to any tree within the City and he is more interested in the possibility of saving the trees. Mr. Ashland stated that these are not normal trees because they were cut in half many years ago and the cutting previously made is the worse thing that can be done to a tree even though in the 1970's and 1980's it was thought to be the best thing that could be done to a tree. These trees will never be a stable tree because there is no central leader in the tree and the weight on the limbs will eventually cause those limbs to break. Councilor Cox stated that these trees are approaching the end of their life span and when they get brittle and begin to rot, tree limbs will drop and create a hazardous situation. It was noted that Mr. Ashland had obtained his own arborist report, however, the arborist report in the agenda packet was from the arborist the City hired to evaluate the trees. Councilor Lonergan stated that when his family moved to the home next door to the property being discussed in 1959 those trees were fully established at that time. Page 6 - Council Meeting Minutes, September 10, 2007 COUNCIL MEETING MINUTES SEPTEMBER 10, 2007 TAPE READING 1152 On roll call vote on the motion to uphold the staffs denial of the request to remove the two popular trees, the motion failed 1-5 with Councilor McCallum voting aye. Councilor Cox stated that he would like to see a copy of the arborist report obtained by Mr. Ashland in addition to having a little time to view the trees so that he would feel more confident on making a decision on this issue. COX/NICHOLS... table this issue for two weeks and, in the meantime, obtain the other arborist report and view the trees. The motion passed unanimously. 1215 OREGON LIQUEFIED NATURAL GAS (LNG) PIPELINE PROJECT- RESPONSE TO ENVIRONMENTAL IMPACT STATEMENT. BJELLAND/COX.... authorize Mayor Figley to sign a letter to respond to the Federal Energy Regulatory Commission regarding the potential impacts of locating a 30- to 36- inch diameter natural gas pipeline within the Woodburn Urban Growth Boundary. Councilor McCallum suggested that copies of the letter be sent to our State Senator, State Representative, U.S. Senate representatives, and Congressional representative Hooley. Councilor Cox expressed concern on how this proposed project is being presented to affected landowners. Administrator Brown stated that staff has been keeping close watch on this proposed project since there is far too much at stake. City Attorney Shields also stated that staff will look at what procedures or legal actions can be taken to intervene in that proceeding. The motion passed unanimously. 1318 LEAGUE OF OREGON CITIES CONFERENCE BUSINESS MEETING. BJELLAND/NICHOLS... appoint Councilor Sifuentez as the voting delegate to represent Woodburn at the League of Oregon Cities annual business meeting. The motion passed unanimously. 1329 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTION. A) Planning Commission's Approval of Variance 2007-02, Design Review 2007-07, and Street Exception 2007-06, located at 2655 and 2665 Progress Way (Fleetwood Homes) - Allows Fleetwood Homes to display and sell manufactured homes on a portion of their property. No action was taken by the Council to bring this matter up for review. 1352 CITY ADMINISTRATOR'S REPORT. A) Administrator Brown stated that all of the recruitment brochures for an Assistant City Administrator have been sent out and advertisements have been placed in a variety of locations. As of today, he has already received 11 applications for the position and is hopeful that there will be a large number of applicants to select from. The closing date for this recruitment is October 15, 2007. Page 7 - Council Meeting Minutes, September 10, 2007 COUNCIL MEETING MINUTES SEPTEMBER 10, 2007 TAPE READING B) In regards to a limited recruitment for a consulting firm to help with the re-advertising process for a new Public Works Director, he had sent out a Request for Proposal to eight firms but only two responded. Either one of these firms could do the work proposed, however, he was interested in contracting with a firm that had done a number of Public Works Director recruitments within the last three years since they may have a good base of potential applicants on file. Both firms turned in at least a dozen recruitments with one having a lot more experience in doing recruitments over the years. However, the price difference between the two firms were significant. He has been in contact with both firms and the lowest proposal, which includes all costs, is approximately $10, 000 and the other proposal is approximately $17,500. He is in the process of completing reference checks and requested Council authorization to hire one of these two firms with a not to exceed contract amount of $17,500 with the hope that he is able to enter into a contract with the firm that has proposed the lesser amount. COX/MCCALLUM... authorize the City Administrator to enter into a contract with one of these two firms in an amount not to exceed $17,500. The motion passed unanimously. C) Administrator Brown stated that earlier in this meeting several staff members were thanked for their work on the Weed and Seed project, however, one individual overlooked was Recreation Services Manager Steve Patterson. He stated that Mr. Patterson has also accepted a position with another agency and will be leaving the City's employment at the end of September. 1550 MAYOR AND COUNCIL REPORTS. Mayor Figley thanked all of the staff members, neighbors, and volunteers who worked on the North Front Street Playground project last Saturday. This was a very positive and fun event with Steve Patterson and Jim Row were instrumental in their efforts for organizing this construction project and all of their hard labor on the day ofthe event. She stated that neighborhood children also participated by shoveling bark chips down the pile for volunteers to spread around the new site and was impressed with the work ethic those children displayed. Councilor McCallum stated that the property owned by ODOT near the interchange often times looks like a used car lot. He questioned if ODOT is monitoring the activity at the lot and, ifnot, can the City send them a letter to let them know about the number of vehicles parked on the property. Chief Russell stated that he will see ifthere is a law that would apply regarding offering vehicles for sale adjacent to a City street even though it is a State Highway. Inmate work crews have done some work out there to keep the lot clean and staff will see what can be done to restrict vehicle sales on the property. Councilor Bjelland acknowledged the Mayor, City Administrator, Betty Komp, and several other members from our community for attending the MW ACT meeting last week. MW ACT was asked to make a recommendation on how to deal with the apparent Page 8 - Council Meeting Minutes, September 10, 2007 COUNCIL MEETING MINUTES SEPTEMBER 10, 2007 TAPE READING cost overrun on the Stayton-Sublimity interchange project and the consensus was to fund the project as designed and to pull money from other projects to pay for the cost overrun. After an extensive discussion, it was the consensus ofMW ACT to recommend that funds be pulled from three projects one of which was the Woodburn interchange project. Additionally, it was the consensus ofMW ACT to backfill these projects with future MW ACT funds. There was also consensus to petition the Oregon Transportation Commission to look elsewhere for funds to make-up the shortfall but, given the fact that this is an MW ACT project that has an overrun in addition to two other significant Oregon Transportation projects that are having funding difficulties let alone concerns about the federal government cutting back some of the money that Oregon had planned to receive from them, there is no extra money available. It would take an act of the State legislature or Congress to add money into the STIP process. 1891 Councilor Sifuentez invited the public to Cascade Park for an Open House to celebrate their 26th year in the Woodburn community. The event will be held on September 2pt from 12:00 noon until 4:00 pm and activities will include tours and food. 1921 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660(2)(i). NICHOLS/MCCALLUM... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The meeting adjourned to executive session at 8:05 p.m. and reconvened at 9:17 p.m.. 1932 Mayor Figley stated that no action was taken by the Council while in executive session. 1949 ADJOURNMENT. MCCALLUM/LONERGAN... meeting be adjourned. The meeting adjourned at 9: 18 p.m.. AITEST f1(~~~ Mary T enna , Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, September 10, 2007 Executive Session COUNCIL MEETING MINUTES September 10, 2007 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 10, 2007. CONVENED. The Council met in executive session at 8: 10 p.m. with Mayor Figley presiding. 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 Attorney Shields (8:53 pm - 9: 16 pm), City Recorder Tennant Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. The executive session was called pursuant to ORS 192.660(2)(i) to review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing. ADJOURNMENT. The executive session adjourned at 9: 16 p.m.. ATTEST ~ ~ Mary Te t, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, September 10, 2007