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Minutes - 09/22/2008COUNCIL MEETING MINUTES SEPTEMBER 22, 2008 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 22, 2008. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Figley Present Councilor Bjelland Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Absent Councilor Nichols Present Councilor Sifuentez Present Staff Present: Interim City Administrator Russell, City Attorney Shields, Asst. City Administrator Stevens, Public Works Director Brown, Interim Community Development Director Labossiere, Police Captain Tennant, Associate Planner Dolenc, Recorder Tennant For the record, Mayor Figley stated that Councilor McCallum was out of town. 0053 ANNOUNCEMENTS. A) Big Read Kick-Off will be held in the Downtown Plaza on Friday, October 3, 2008, from 3:30 p.m. unti15:00 p.m.. 0080 PROCLAMATION: THE BIG READ MONTH 2008. Mayor Figley proclaimed October 2008 as "The Big Read Month" and encouraged all residents to read the book "Bless Me, Ultima" by Rudolfo Anaya during the month of October and to participate in the related discussion groups and events to be scheduled by project coordinators. 0200 Jean Kemp, Real Estate Broker for Estates/Northwest Classic Properties, stated that she and Ms. Ehlen have an issue with the City regarding placement of temporary signs for realtors which they would like the City Council to address. In their case, real estate signs need to be placed near the street in order for clients to view, in advance, properties that are on the market along with the surrounding neighborhood, however, if the signs are placed too close to the pavement, they get picked up by the City because of placement provisions within the current sign ordinance. She felt that something needs to be done to correct this situation and, if no action is taken, then it may be necessary to circulate a petition to bring this ordinance before the voters. Page 1 -Council Meeting Minutes, September 22, 2008 COUNCIL MEETING MINUTES SEPTEMBER 22, 2008 TAPE READING Doris Ehlen, Real Estate Broker for Estates/Northwest Classic Properties, stated that they feel that their business has been discriminated against in that the City picks up their signs all the time whereas other real estate signs located in the public right of way do not get picked up. Mayor Figley requested clarification of what had been communicated to them by staff, specifically, is the problem that the signs are in the public right-of--way or that the problem involves temporary signs. Ms. Kemp stated that the problem is that the signs are too close to the curb. They have received numerous complaints from their clients who have told them that they look for the real estate sign well in advance of the property but, without the real estates firm's ability to place the sign near the curb, the clients do not see the sign until they see the house number and by then the client has already passed the location. When open houses are held, there is a need to have the signs at eye level in order to attract potential clients to the property. As realtors, the inability to have the real estate sign at the curb is their biggest complaint. Mayor Figley stated that the City's Task Force consisting of Councilor Cox, Planning Commissioner Jennings, and Real Estate Broker David Christoff, is currently looking at different Land use issues including the sign ordinance and they are putting together a list of recommendations for possible changes. She also mentioned that a broader spectrum of the business community will be given an opportunity to look at the various issues before anything is officially changed. She stated that prior to the adoption of the current sign code, the City had received numerous complaints from the Highway 99E and Highway 214 area in that the signs in place at that time presented a safety hazard from blocked sight lines and in the number of unattractive signs in the public right-of--way. The current ordinance places restrictions on signage in the public right-of--way. She stated that this issue will be added to the list for review by the Task Force. Ms. Ehlen expressed her appreciation that this issue would be looked at since it is now at a point that they are all getting upset about this and are talking to residents about the need for change in the current regulations. Councilor Cox stated that he is aware of the problem and, as a member of the Task Force, he is willing to look at it since he does not feel that real estate signs do any damage to the community and believes that they are helpful to the property owners and real estate agents. However, the City cannot legally differentiate between allowable signs based on their content. One option might be placing a time limit on the sign while another option might be that temporary signs could be legal in residential zones but not in commercial zones. He stated that several years ago unattractive sandwich board signs located in the commercial areas and within the public right-of--way was a major problem and distracted from the appearance of the neighborhood and, in some cases, created safety hazards. He also stated that this will take some time to work out and not to expect any changes in the immediate future. Page 2 -Council Meeting Minutes, September 22, 2008 COUNCIL MEETING MINUTES SEPTEMBER 22, 2008 TAPE READING 0792 CONSENT AGENDA. A) approve the regular and executive session City Council minutes of September 8, 2008; B) accept the Recreation and Parks minutes of September 9, 2008; C) accept the August 2008 Claims report; D) accept the Community Services August 2008 statistics report; E) accept the Planning Commission minutes of July 24, 2008; F) accept the August 2008 Crime Statistics report; and G) accept the August 2008 Code Enforcement Statistics report. NICHOLS/LONERGAN ... adopt the Consent Agenda as presented. The motion passed unanimously. 0836 TABLED BUSINESS: COUNCIL BILL N0.2735 -RESOLUTION APPROVING AN ADJUSTED RATE SCHEDULE AND FUEL RECOVERY FEE SURCHARGE FOR UNITED DISPOSAL SERVICE, INC., SETTING AN EFFECTIVE DATE, AND REPEALING RESOLUTIONS NO. 1833 AND 1843. Mayor Figley stated that this item will remain on the table. 0860 PUBLIC HEARING: ANNEXATION 2008-01 AND ZONE CHANGE 2008-01 Located at 2700 North Pacific Hi~hwa~ Mayor Figley declared the public hearing open at 7:16 p.m.. Councilor Nichols stated that he knows were the property is located and has been at the site. Associate Planner Dolenc read the land use statement required under ORS Chapter 197. He stated that the subject property is a .48 acre parcel located on Highway 99E south of the MacLaren School property. It is owned by Cascadia -Woodburn Self Storage LLC and it is intended to be used as part of that development. The property is designated as commercial on the City's Comprehensive Plan with abutting property currently zoned as commercial and, across the highway to the west, the zoning is commercial and industrial. He stated that the Planning Commission has recommended approval of Annexation 2008- 0l and Zone Change 2008-O1. He also stated that the agenda packet did not include the legal description, therefore, he submitted the legal description into the record. Jesse Loverien, Cascadia Development, stated that they are trying to make the property more f nancially feasible and, by bringing it into the City, they would be able to gain access to City services and utilities. Cascadia Development does not have a plan as to what they will be putting on the property at this time, however, they do hold properties and then lease it out. If approved, they will be looking for a business that would have some use for the property and then they would build something to meet the client's needs. Another option is that the parcel could be used to service the storage for the self-storage facility abutting the proposed property to be annexed. He also stated that if the property Page 3 -Council Meeting Minutes, September 22, 2008 COUNCIL MEETING MINUTES SEPTEMBER 22, 2008 TAPE READING is annexed and a decision is made to develop the parcel, they will need to make application to the City and bring in water and sewer services to the property. No one in the audience spoke either for or against the proposed annexation and zone change. Councilor Lonergan questioned staff on the procedure followed on this application since the application had been turned in 5 months ago and this application did not seem to have any issues. Associate Planner Dolenc stated that this application did take longer than usual since current Planning Department staff had not been through an Oregon annexation process before and it involved additional notification procedures mandated under state statute. City Attorney Shields stated that an annexation is a land use action and incorporation of new territory. In this case, the City has consolidated the hearing to avoid the city-wide election since the property owner has consented to the annexation. Mayor Figley closed the public hearing at 7:28 p.m. NICHOLS/LONERGAN..., instruct staff to prepare an ordinance to substantiate the Council's decision to approve Annexation 2008-01 and Zone Change 2008-01. The motion passed unanimously. 1775 COUNCIL BILL NO. 2744 -RESOLUTION TO INITIATE A LOCAL IMPROVEMENT DISTRICT TO REPLACE STREET TREES AND REPAIR SIDEWALKS IN THE IRONWOOD NEIGHBORHOOD. Council Bill No. 2744 was introduced by Councilor Sifuentez. The two readings of the bill were read by title only since there were no objections from the Council. Councilor Cox stated that there is a need to proceed but if the report is brought back to the Council in October, he will not be in attendance to provide any input on the report therefore, he wanted to express his concern about the legality of assessing costs to a Homeowner's Association rather than individual properties. Councilor Lonergan questioned the age of the trees. Mayor Figley stated that the trees could be around 9 years old, however, they are sweet gum trees and the shallow root system has caused a lot of damage to the sidewalks, curbs, and irrigation system. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2744 duly passed. 1960 COUNCIL BILL N0.2745 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY FOR JUVENILE PROBATION OFFICER SUPPORT. Council Bill No. 2745 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, Page 4 -Council Meeting Minutes, September Z2, 2008 COUNCIL MEETING MINUTES SEPTEMBER 22, 2008 TAPE READING the bill passed unanimously. Mayor Figley declared Council Bill No. 2745 duly passed. 2017 COUNCIL BILL N0.2746 -RESOLUTION MAKING A FINAL DETERMINATION THAT CLAIMANT IS NOT ENTITLED TO RELIEF UNDER MEASURE 49, SECTION 9 AND VOIDING THE CITY COUNCIL'S PREVIOUS DECISION UNDER MEASURE 37. Council Bill No. 2746 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections. City Attorney Shields stated that he had distributed a memo to the Mayor and Council just prior to this meeting. He stated that, earlier today, Mr. Gottsacker had dropped off the letter attached to the memo and, even though the record is closed in offering evidence, he felt that it was fair and proper to put the letter in front of the Council since it deals with the way the resolution is drafted. At the last meeting, the motion was to direct staff to draft an order or other appropriate document. Staff had elected to draft a resolution and originally the resolution said "withdraw the approval" which is what the City of Portland normally does. The resolution before the Council says "void the approval" and he explained that the Oregon Supreme Court case in Corey v. DLCD (2008) made it very clear that in the instance where there is a Measure 37 waiver that is granted, then what is left is common law vested rights which is a separate item from this resolution. Under Measure 49 what the Supreme Court said in the Corey case, is that policy wise the voters approved Measure 49 and that it substituted for Measure 37. He stated that he had added the "voiding" language since he believes it is in accord with Measure 49 and, in particular, with the Supreme Court opinion interpreting Measure 49. Councilor Lonergan stated that he was not at the last meeting when the public hearing was held but, even though he has read the Council minutes, did not feel that he could vote on this resolution. Councilor Bjelland stated that he was not at last meeting, however, he has read the material submitted at the last meeting, material submitted subsequently by Mr. Gottsacker and staff, and would be voting on the resolution. On roll call vote for final passage, the bill passed 4-0-1 with Councilor Lonergan abstaining. Mayor Figley declared Council Bill No. 2746 duly passed. 2315 ASSERTION OF COMMON LAW VESTED RIGHTS FOR THE PROPERTY LOCATED AT 500-510 AND 514 NORTH PACIFIC HIGHWAY AND IDENTIFIED ON MARION TAX ASSESSOR'S MAPS AS TAX LOT 051 W17B000200. NICHOLS/ COX... direct staff to prepare a resolution to deny the claim of common law vested rights in regards to the subject property located at 500-510 and 514 North Pacific Highway. Page 5 -Council Meeting Minutes, September 22, 2008 COUNCIL MEETING MINUTES SEPTEMBER 22, 2008 TAPE READING Councilor Cox stated that the public hearing had been closed at the last meeting but additional time had been provided to Mr. Gottsacker to submit additional information. He did not believe that there was anything in the additional information submitted that would change the staff's recommendation or change his opinion on this issue. The motion passed unanimously. 2412 BID NO. 2009-03: AWARD OF CONSTRUCTION CONTRACT FOR SANITARY SEWER PIPE AND MANHOLE REHABILITATION ON W. HAYES STREET Bids for the project were received from the following contractors: Michel's Corp., $39,895.00; Insituform Tech., Inc., $44,060.00; and Pacific Liners Co., $47,105.00. Staff recommended the acceptance of the bid submitted by Michel's Corp. which was within 20% of the Engineer's estimate. NICHOLSBJELLAND ... award the construction contract for W. Hayes Street Sanitary Sewer and Manhole improvements to Michel's Corp. in the amount of $39,895.00. The motion passed unanimously. 2440 BID N0.2009-02: AWARD OF CONSTRUCTION CONTRACT FOR STACY ALLISON WAY AND LAWSON AVENUE RESURFACING IMPROVEMENTS. Bids were received from the following contractors: Knife River, $267,787.08; Salem Road & Driveway, $293,099.22; Roy L. Houck Construction Co, $297,993.35; North Santiam Paving Co., $306,729.45; Parker NW Paving Co., $314,701.06; Brix Paving Co., $337,461.44; and Cemex, $345,480.64. Staff recommended the acceptance of the bid submitted by Knife River which was within 10% of the Engineer's estimate. NICHOLS/LONERGAN .... award the construction contract for the Stacy Allison Way and Lawson Avenue resurfacing improvements to Knife River in the amount of $267,787.08. Councilor Lonergan questioned when these streets were last resurfaced since they do receive more truck traffic than most city streets. Public Works Director Brown stated that he did not know when they were last resurfaced, however, staff would like to discourage truck use on Lawson Avenue since truck traffic should be using Evergreen Road. Additionally, improvements are currently being made at the intersection of Highway 214 and Evergreen Road to make the turn movement easier for trucks. The motion passed unanimously. 2570 OLCC CHANGE OF OWNERSHIP -MARGARITAS 1593 Mt. Hood Ave. A Full On-Premise Sales change of ownership liquor license was submitted by Dancin Bear Properties LLC, DBA Margaritas. Jake Jacobsen, representing the owner, expressed their appreciation on the support they have received from the community and they will continue to work hard to make sure that Page 6 -Council Meeting Minutes, September 22, 2008 COUNCIL MEETING MINUTES SEPTEMBER 22, 2008 TAPE READING they have a business that is a safe and comfortable place for patrons. BJELLAND/LONERGAN....recommend to OLCC approval of a Change of Ownership application for Margarita's Full On-Premise Sales liquor license. Councilor Nichols stated that because of his religious affiliation, he will not be able to vote in favor of the recommendation. On roll call vote, the motion passed 4-1 with Councilor Nichols voting nay. 2720 OLCC CHANGE OF OWNERSHIP -JACK'S PUB AND EATERY, 2267 Country Ciub Road. A Full On-Premise Sales change of ownership liquor license was submitted by Jack's Place LLC DBA: Jack's Pub and Eatery. Interim City Administrator Russell stated that this property was formally known as Billy O Deli in Woodburn Crossing. BJELLAND/SIFUENTEZ... recommend to OLCC approval of a Change of Ownership application for Jack's Place LLC for a Fu11 On-Premise Sales liquor license. On roll call vote, the motion passed 4-1 with Councilor Nichols voting nay. 2791 OLCC NEW OUTLET -IMPERIAL MARKET & DELI, 320 N. Pacific Hig_hwaX, Suite 120. A new outlet liquor license application was submitted by Carlos and Anita Morales, DBA: Imperial Market & Deli for Off-Premises Sales. BJELLAND/LONERGAN... recommend to OLCC approval of a new outlet application for Imperial Market & Deli. On roll call vote, the motion passed 4-1 with Councilor Nichols voting nay. 2850 POSITION UPGRADE: WASTEWATER OPERATOR II TO OPERATOR III. NICHOLS/LONERGAN.... authorize the upgrade of a Wastewater Division Operator II position to an Operator III position. The motion passed unanimously. 2885 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Design Review 2008-03, located at Highway 214 along the S-curve (approximately 1901 Newberg Highway), tax lot 052W12DA01600. COX/LONERAN.., call this land use action up for City Council review. Councilor Cox requested that this issue be deferred until the first meeting in November since he would not be at either of the October meetings provided that there is no conflict with the 120-day rule provision. Interim Administrator Russell stated that the 120 day expiration date is December 18, 2008, therefore, a final order needs to be adopted by the Council prior to that date. Councilor Cox stated that he will be disqualifying himself when it is brought up because Page 7 -Council Meeting Minutes, September 22, 2008 COUNCIL MEETING MINUTES SEPTEMBER 22, 2008 TAPE READING he does have a personal interest in this matter but he does believe that the Council should be reviewing this action. The motion passed unanimously. 3063 CITY ADMINISTRATOR'S REPORT. A) In regards to the garbage franchise rate study, a scope of work for the consultant has been developed and staff is waiting on a price for the work. If it is within the Council's direction, staff will move ahead on the work. He stated that he has been in touch with Robin Murbach from Allied Waste (United Disposal Service) who is also waiting on the outcome of the consultant fee proposal. B) Interim Administrator Russell stated that he has also asked the Community Services Department to do a brief after action report on each special event held by the City in case the Council has any questions or needs information. A copy of the report will be provided to the Mayor and Council on the Mexican Independence Day Celebration held September 13 and 14, 2008 at the Downtown Plaza. 3155 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez stated that she will be gone for 2 weeks to Chicago IL, however, she will be back for the next regular meeting. Councilor Cox stated that he will be missing the two meetings in October. 3233 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660(2)(d). NICHOLS/SIFUENTEZ.... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:51 pm and reconvened at 8:17 pm. Mayor Figley stated that no action was taken by the Council during executive session. 3270 ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The ion passed unani ously. The meeting adjourned at 8:18 p.m.. ,r -~----- --~`~ ~KAT RYN IGL Y, ATTEST ~ ~-h Mary Tennant, Recorder City of Woodburn, Oregon Page 8 -Council Meeting Minutes, September 22, 2008