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Minutes - 09/24/2007 COUNCIL MEETING MINUTES SEPTEMBER 24, 2007 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 24,2007. CONVENED. The meeting convened at 6:30 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 Absent Present Present (6:50 pm) 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 Mayor Figley stated that Councilor McCallum was out of town on business. 0013 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660(2)(h) and ORS 192.660(2)(f). NICHOLS/COX... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned into executive session at 6:32 p.m. and reconvened at 7:00 p.m.. Mayor Figley stated that no action was taken or decisions made by the Council while in executive session. 0065 CONSENT AGENDA. A) approve Council regular and executive session minutes of September 10, 2007; B) accept the draft Planning Commission minutes of September 13,2007; C) receive the report regarding Claims for August 2007; D) receive the Community Services Department Statistics report for August 2007; E) receive the Planning Project Tracking Sheet report dated September 21,2007; F) receive the report on the procedure involved in the Federal Energy Regulatory Commission (FERC)'s consideration on the proposed Oregon Liquefied Natural Gas Pipeline (LNG) project; and G) receive the report on the Fall Leaf Collection Program. Page 1 - Council Meeting Minutes, September 24, 2007 COUNCIL MEETING MINUTES SEPTEMBER 24, 2007 TAPE READING NICHOLS/LONERGAN... adopt the Consent Agenda as presented. The motion passed unanimously. 0092 TABLED BUSINESS - TREE REMOVAL. 217 N. SECOND STREET. BJELLAND/NICHOLS... remove the item from the table. The motion passed unanimously. 0104 TREE REMOVAL. 217 N. SECOND STREET. Mayor Figley stated that the staff recommendation is to deny an application for removal of the two trees located on the south side of the property which abuts Montgomery Street. Additionally, the property owner had an arborist evaluate the condition of the trees earlier this year. A copy of the June 13,2007 report which was addressed to the City was distributed to the Councilors just prior to this meeting. She called for a 10 minute recess in order to allow the Councilors time to read this report. Tom Ashland, property owner, stated that he had included with the report photos of the sidewalk, curb, tree canopy of the tree on his property and the tree canopy of a healthy poplar tree. He stated that the recommendation from both arborists is to remove the trees and replace them. He did not have any additional information to add in support ofthe removal other than the sidewalk and the basement of the house is impacted by the tree roots. He stated that tree roots are not only surfacing on the north side of his property but they are now starting to push up the asphalt on Second Street. His main concern is the hazard of the trees. Councilor Bjelland stated that one of the staff reports recommended pruning the trees to save them and he questioned if Mr. Ashland had discussed tree pruning as an option with the arborist. Mr. Ashland stated that he had discussed tree pruning and his arborist had told him that he did not think it was feasible. The problem with the tree is shown on the photograph (Figure 3) in that the area where the tree has been topped and/or pruned in the past is very low in height compared to the current height and width of the tree. He also referenced the City's arborist report which states that the trees have outgrown the area in which the area in which they were planted. He has done considerable research regarding this tree specimen and feels that the best option would be to remove the trees and replant it with an approved street tree that is compatible with an upland area. 0370 Everett Hemshorn, 112 N. Settlemier, stated that he has lived at that location for over 35 years and during that time, he has seen a lot of the City trees disappear. The Black Walnut trees are dying due to some type of disease and in many cases, the trees are not being replaced. He suggested that the Council be careful about removing trees that are not obviously unhealthy or a hazard. If the trees are removed, he would like to see the trees replaced with trees that, over time, would become stately attractive shade trees. Mayor Figley stated that the City does have the ability to require the replacement of the trees that are removed within the public right-of-way. Page 2 - Council Meeting Minutes, September 24, 2007 COUNCIL MEETING MINUTES SEPTEMBER 24, 2007 TAPE READING 0510 Durrell Crays, 167 N. Settlemier, urged the Council to accept the staff recommendation on this matter and to try pruning the trees before removing them since they are older, established trees. He stated that he was forced to remove a 100-year old black walnut tree from his property this year because it had died and black walnuts are dying all over the area. These older trees are a hallmark of the City and ifit is the decision of the Council to remove the trees, he would like to see a condition that the trees be replaced with something that would achieve the majesty and stature of the trees that are currently there. 0510 COX/NICHOLS... authorize the removal of these trees with the appropriate conditions concerning replacement. Councilor Lonergan stated that the trees are beautiful but he has seen a lot of damage done by these trees over the years. The way the trees currently stand, he could not see where pruning would save these trees which are over 60 years old. There are two (2) arborists that both recommend that they be removed and the property owner is willing to remove the trees thereby saving the City an expense in the future. He stated that he believes in tree preservation but, in this case, feels that the trees should be removed. Councilor Nichols expressed his opinion that there are other problems such as surfacing roots which will continue to be an issue if the trees are pruned. Councilor Cox stated that he is also in favor of this motion even though he hesitates to go against the recommendation of staff. He loves the mature tree canopy, however, trees need periodic maintenance and trees have a useful life span. These particular trees are a relatively short-lived tree, are relatively brittle, have invasive roots, are not on any approved street tree list, have no structure, and, in his judgement, have overwhelmed that site. These trees have been poorly topped and pruning the trees will only continue with the existing problem of being a potential hazard. Even though the trees are not diseased, they are infested with English Ivy which will eventually cause the death of a tree. Both arborists agree that the trees are hazardous and have recommended removal. Mayor Figley stated that many of our mature trees are reaching the end of their life span and is concerned with potential hazardous conditions with weak limbs falling to the ground. She strongly urged the Council to require replacement trees from the City's approved list of the appropriate size if the decision is to remove the trees. Administrator Brown stated that the City's ordinance requires the replacement tree to be at least a 2-inch caliber plus it must be of a canopy size and structure of the ones in the surrounding street area. Councilor Bjelland stated that tree canopy is a very important feature and amenity that the City should have. His preference is to see trees remain, however, felt that there is strong enough supporting evidence to justify a decision to remove the trees. 0815 Councilor Sifuentez also expressed her desire to keep the trees but realizes that the trees may be a hazard and should be removed. The vote on the motion to remove the trees passed unanimously. Page 3 - Council Meeting Minutes, September 24, 2007 COUNCIL MEETING MINUTES SEPTEMBER 24, 2007 TAPE READING 0839 LIQUOR LICENSE CHANGE OF OWNERSHIP - LIMITED ON-PREMISES SALES: MUGSY'S BAGELS. 1585 N. Pacific Hi~hway. Suite F. A change of ownership liquor license application was submitted by Steve Scott and Jesse Klein DBA: Mugsy's Bagels. LONERGAN/BJELLAND... recommend a change of ownership application for Mugsy's Bagels at 1585 N. Pacific Highway. The motion passed 4-1 with Councilor Nichols voting nay. 0866 OREGON DEPARTMENT OF HUMAN SERVICES GRANT AGREEMENT - RETIRED SENIOR VOLUNTEER PROGRAM (2007-2009). BJELLAND/NICHOLS...authorize the City Administrator to enter into a grant agreement with the Oregon Department of Human Services. The motion passed unanimously. 0879 CONTRACT AWARD: LEGION PARK ACCESS TO WOODBURN POLICE FACILITY IMPROVEMENT (BID NO. 2008-03). Bids for the street improvements were received from the following contractors: Rinker Materials, $116,153.15; D & T Excavation, $121,792.36; Knife River, $132,130.15; Ge1co Construction, $139,572.50; and Kuenzi Communications, $148,498.00. Staff recommended acceptance of the low bid which was within 10.5% of the Engineer's estimate. BJELLAND/COX... award construction contract to the lowest responsible bidder, Rinker Materials, for street improvements for Legion Park Access in the amount of $116,153.15. The motion passed unanimously. Acting Public Works Director Rohman stated that the project will be completed this year. 0928 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's Approval of Design Review 2007-02, located at 395 Shenandoah Lane (Kerr Construction) - Allows for construction of a 6,250 square foot storage building that would include a truck wash area. Councilor Cox stated that he did not wish to call this matter up for review, however, he wanted to mention that, at the Planning Commission level, arriving at the original land use development approval was not an easy task for the Commission. Kerr Construction has done what has been required of them and they have done a good job, therefore, he has no objection to this additional improvement. 0964 CITY ADMINISTRATOR'S REPORT. A) Administrator Brown provided the Council with an update on the City's court case involving AI's Garden Center. In this particular case, AI's Garden Center argued that they should be exempt from the City's business license ordinance since they are producers and sellers of farm products. Staffs reading of the ordinance was that they Page 4 - Council Meeting Minutes, September 24, 2007 COUNCIL MEETING MINUTES SEPTEMBER 24, 2007 TAPE READING should have a business license since products sold were not exclusively raised by this family owned business and the ordinance language was tailored more for the small grower than a large garden center. This case was heard before our pro-tern Municipal Judge last Thursday who ruled that the City's interpretation of the ordinance was incorrect and felt that the language of the exemption in that section of the ordinance was to vague to take the position that a license was required. Councilor Cox stated that the ruling was quite a surprise to him since, in his judgement, the business is no more of a small farm vegetable stand than Safeway grocery store in addition to selling so many other items than farm produce which are not directly related to their family. He did not feel that it was ever the intent of the Council that this type of business should be exempt any more than any other businesses in the City. He strongly suggested that the ordinance be amended to so that AI's Garden Center will have to pay the business license fee like any other business in our community. It was the consensus of the Council for the staff to bring back an ordinance for Council consideration that would solve this problem. 1112 2) Administrator Brown stated that he would be attending the International City County Management Association annual conference in Pittsburgh, PA, October 7-9,2007. He has been invited by the ICMA to be a presenter on the subject of Cultural Diversity - Building Community Across Cultural Boundaries. The City has been recognized by a number of different agencies, as well as ICMA, for best practices in this area. He recommended the appointment of Police Chief Russell as Administrator Pro-Tem while he is out of town. BJELLAND/COX... Police Chief Russell be appointed as Administrator Pro-Tern for October 8 and 9, 2007. The motion passed unanimously. 1160 3) Police Chief Russell informed the Council of an upcoming television program regarding the methamphetamine epidemic. This program will be aired on October 9, 2007 from 7:30 - 8:00 pm on all local Portland channels excluding Public Broadcasting. The documentary, Crystal Darkness, originated in Las Vegas and has been aired in Reno, Denver, and is now coming to Portland. This program has had a lot of impact on people, driven a lot of people to treatment, and provided topics of discussion on meth issues. He feels that Oregon has made progress into the small meth production operations but the key is to reduce the demand for meth. The Police department will have additional staff members available that evening to field calls following this documentary. The telephone calls will come through the Oregon Partnership Against Drugs and the Police Department will respond to any safety issues. He has spoken with School Superintendent Blomberg and they are trying to get prepared for any issues that may arise the following day at school. He expressed his appreciation to the Council for their support on the meth issue in the past and encouraged them to watch the program on October 9th. Page 5 - Council Meeting Minutes, September 24, 2007 COUNCIL MEETING MINUTES SEPTEMBER 24, 2007 TAPE READING 1244 MAYOR AND COUNCIL REPORTS. Councilor Bjelland stated that in the packet was some material on state-wide Measure 49 (land use measure to clarify previously adopted state-wide Measure 37) and he expressed his support of the position that was intended. He realizes that staff cannot be involved in preparation of any documents on this measure but he did feel it would be advisable for the Council to support Measure 49. Mayor Figley stated that ifthere was a consensus of the Council, she would be willing to write something on the issue so that it is very clear that it does not involve City staff and costs incurred for producing the document are not charged to the taxpayers. Councilor Cox stated that he would assist the Mayor on this project. Councilor Sifuentez questioned Chief Russell if the documentary, Crystal Darkness, will be advertised to parents within our community. Chief Russell stated that the organization has the video currently on their web site and they are mounting an advertising campaign for the October 9th television program. Councilor Sifuentez suggested that PCUN radio station be given the information for informing their listeners of this upcoming program. Councilor Cox also suggested that it be broadcasted on our local access channel. Mayor Figley stated that she is very pleased with seeing the number of children playing on the new playground equipment at the North Front Street park. 1430 ADJOURNMENT. NICHOLS/SIFUENTEZ.... meeting be adjourned. The meeting adjourned at 7:52 p.m.. ATTEST A1f1n ~ Mary nnant, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, September 24, 2007 Executive Session COUNCIL MEETING MINUTES September 24, 2007 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 24,2007. CONVENED. The Council met in executive session at 6:24 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 Absent Present Present (6:50 pm) Staff Present: City Administrator Brown, City Attorney Shields, 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 under the following statutory authority: 1) To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660(2)(h); and 2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(2)(f). ADJOURNMENT. The executive session adjourned at 6:59 p.m.. ATTEST /YIrlt, ~ Mary T ant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, September 24, 2007