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Minutes - 07/13/2009COUNCIL MEETING MINUTES JULY 13, 2009 0001 D_ COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 13, 2009. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Figley Present Councilor Berkey Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Stevens, Police Captain Alexander, Public Works Director Brown, Community Development Director Hendryx, Community Services Director Row, HR Assistant Sprauer, City Recorder Tennant 0065 ANNOUNCEMENTS A) Music in the Park: Community concert featuring "Rock Hounds" will be held in Library Park on July 14th at 7:00 PM., and will be hosted by Woodburn Library and Friends of the Library. B) Open House on the Wastewater Facilities Plan Update: On July 15, 2009 from 5:00 PM until 8:00 PM, the City will be hosting a Wastewater Facilities Plan Update open house at City Hall which will include a formal presentation at 6:00 PM followed by a question and answer period. The Wastewater Facilities Plan identifies the future wastewater system needs for the next 20 years and the presentation will provide an explanation on the plan update methodology, findings, key capital improvements needed, and impact on current and future rates. PRESENTATION: WATER SYSTEM CONSOLIDATION GRANT Public Works Director Brown stated that the City is a recipient of an America Recovery Stimulus Grant. The City was notified by Oregon Economic and Community Development Department (OECDD) that an application could be made to obtain grant funding to correct water deficiencies at three modular/mobile home parks located either within or just outside of the city limits. The City completed the application and received $2.8 million to expand the City's water system and provide individual meters and distribution within each of the three modular/mobile home parks. Director Brown stated that staff is recommending Council allow the City Administrator, under the advisement of the City Attorney, negotiate an Intergovernmental Agreement (IGA) with OECDD to proceed with the water system consolidation. Staff is also asking Council if they would like staff to return at the following meeting with a resolution to allow water service to Chateau Ranchette, the modular home park located just outside of the city limits and the Urban Growth Boundary (UGB). Both Shalimar and Driftwood are within the City and are consistent with all City policies associated with providing services. Page 1-Council Meeting Minutes, July 13, 2009 COUNCIL MEETING MINUTES JULY 13, 2009 Councilor Cox expressed concern about extending service to those outside of the city limits and UGB. He stated that he is willing to extend services to those outside of the city provided the City charges more until those properties are annexed into the city. Councilor McCallum questioned whether other facilities would also want to connect with the City's system. Public Works Director Brown stated that he anticipates that other properties are seeking relief. The City will design a system of sufficient capacity that would allow for other properties to connect to the City's system. MacLaren is in a similar situation as the three modularlmobile home parks but has elected to install their own filtration system. If properties request to be added to connect to the City's water system, they would come before Council on a case by case basis. City Administrator Derickson stated that there are prohibitions against extending urban services into rural areas, but this particular situation is different because of the arsenic, and it falls into a health exclusion. The City would not typically expand its services beyond the City limits without annexation unless there is a compelling reason to do so and available funding. Councilor Lonergan asked who disperses funds in the IGA and what would happen if cost over runs $2.8 million. Public Works Director Brown stated that the City, as the grant recipient, would be responsible for cost overruns. The Environmental Protection Agency (EPA} is the federal sponsor for the stimulus grant and state revolving funds will also be expended to the program. Mayor Figley stated that the City is dealing with a situation in which established parks have viable drinking water problems. The situation is unique in that the residents need safe drinking water. City Attorney Shields stated that there are three recommendations under General Business to consider, one of which is to establish an ordinance that would define parameters. Carolyn Steagle, Marion County Environmental Health. Ms. Steagle stated that Marion County has the highest level of arsenic in the state and the water makeup is also the hardest to treat. The maximum contaminant level was 50 parts per billion in 2005 and dropped to 10 parts per billion in 2006. Most of the parks in this area are in the 12 to 15 parts per billion range. She stated that the County's biggest concern will be the $1,700 per lot hookup fee which may stop the project. She stated that the water is not in compliance with EPA requirements and is requesting Council consider waiving or reducing hookup fee. She informed Council that all of the parks were incompliance until the EPA lowered the parts per billion for health concerns. Jerry Curtis, Shalimar. Mr. Curtis thanked staff in their assistance on this project. He stated that there are about 60 low and moderate income residents living in Shalimar and the hookup fee will delay other maintenance projects. George Haight, Chateau Ranchette. Mr. Haight explained that Chateau Ranchette is currently in noncompliance with the EPA's 2006 new arsenic standards for maximum content. In 2008, the Oregon Department of Human Services served Chateau Ranchette with a notice of violation and gave the park three options to comply, with the best option being to connect to the City's water system. He stated that Chateau Ranchette serves 43 separately owned lots, it is not an affluent neighborhood, and requested that the Council Page 2 -Council Meeting Minutes, July 13, 2009 COUNCIL MEETING MINUTES JULY 13, 2009 take the fee issue into consideration. Councilor Cox stated that connecting to the City's water system may cause a financial hardship for the park's residents and asked if there was any way for the system development charges (SDC) to be bancrofted. Public Works Director Brown stated that SDC's can be bancrofted for all three parks, both inside and outside of the city limits. City Administrator Derickson stated that the SDC Ordinance provides a provision for the City's credit and there will be right of way acquisition needed as a part of the project. He stated that the City has also discussed acquiring the water rights associated with the wells that exist on the properties as a commodity that impacts the aquifer that the City wells draw from, that would potentially bring down the costs of the SDC's for the properties. Mayor Figley stated that the reason the City would allow these three modular/mobile home parks to connect to the City's water system has to do with the public health issue. Councilor Schmidt questioned the methodology used to calculate SDC's. Councilor Cox explained that SDC's are determined by the load a dwelling puts on a system and the measure of benefit they receive from connecting to the system. Mayor Figley stated that Council must make a decision on the hookup fees and what the cost should be to receive regular water service. Public Works Director Brown stated that the water service fee for outside users has been established under the current ordinance. 2220 CHAMBER OF COMMERCE REPORT Don Judson, Executive Director, informed the Council of the upcoming Chamber events: (1) Woodburn Area Tourism would have their monthly meeting on Tuesday, July 21 St at 10:00 AM which is open to the public. (2) Annual Chamber at the Drags will be held on July 23`a with qualifying beginning at 5:30 PM. Chamber at the Drags is a kickoff for Christmas in July at the Woodburn Dragstrip and admission is either an unopened toy for Toys for Tots or food for the Aware Food Bank. Please call to RSVP. (3) An informational brown-bag lunch will be held on August 12th in the City Hall Council Chambers to review the Wastewater Treatment Plant. 2400 BUSINESS FROM THE PUBLIC Hank Barron, West Woodburn. Mr. Barron stated that there is a drug problem in West Woodburn. He stated that individuals are released from jail soon after they are arrested and they continue to create problems for the neighborhoods. He would like the City to address the situation. 2702 CONSENT AGENDA A) Approve the Council regular minutes of June 22, 2009; B) Approve the Library Board minutes of June 24, 2009; and C) Approve the Claims for April and May 2009. PUGH/LONERGAN... Adopt the Consent Agenda as presented. The motion passed unanimously. Mayor Figley identified two typographical errors in the Council minutes: l) Council Bill Page 3 -Council Meeting Minutes, July 13, 2009 COUNCIL MEETING MINUTES JULY 13, 2009 2789 Councilor Schmidt's name in the title of the bill, and 2) Transient Occupancy Grant Disbursement for 2009-12FY, second paragraph, verifying should be varying. 2872 COUNCIL BILL N0.2766 -ORDINANCE MAKING TEXT AMENDMENTS TO THE WOODBURN COMPREHENSIVE PLAN AND ADOPTING THE PARKS AND RECREATION MASTER PLAN AS ASLIB-EXHIBIT TO THE WOODBURN COMPREHENSIVE PLAN Councilor McCallum introduced Council Bill No. 2766. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Schmidt brought up the discussion on plan review from the previous meeting and asked if this would also be reviewed every two years. City Administrator Derickson stated that staff is currently compiling a list of City plans that outlines the purpose, whether they are statutorily required, their stance in the development process, and identifies those that are used as tools for policy direction. The list will be brought to Council the first meeting in August. Community Development Director Hendryx stated that the land use process, which includes the Comprehensive Plan, has a twenty year horizon that the City can review periodically at the Council's discretion. City Administrator Derickson explained that once an ordinance is adopted, the plan belongs to the Council. City Council can receive advice and recommendations from its citizen's panels and committees. Councilor Pugh suggested a motion for the review of City plans. Mayor Figley stated that staff will bring the list of plans to the first meeting in August and suggested Council defer a formal policy decision until then. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2766 duly passed with the emergency clause. Councilor Lonergan thanked everyone for their work on this project. 3648 COUNCIL BILL N0.2774 -RESOLUTION ENTERING INTO AN AGREEMENT FOR BUSINESS LOAN ASSISTANCE SERVICES WITH THE MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS AND AUTHORIZING CITY ADMINISTRATOR TO SIGN SAID AGREEMENT Council Bill No. 2774 was introduced by Councilor McCallum. The bill was read by title only since there were no objections from the Council. Councilor McCallum thanked Councilor Pugh and Councilor Cox for their work on this program which protects the City in addition to providing a service to the community. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2774 duly passed. 3809 COUNCIL BILL N0.2792 -RESOLUTION ESTABLISHING A BUSINESS ASSISTANCE LOAN PROGRAM; ADOPTING BUSINESS ASSISTANCE LOAN GUIDELINES; AND SETTING OUT PROCEDURES FOR THE CONSIDERATION OF LOAN APPLICATIONS Council Bill No. 2792 was introduced by Councilor McCallum. 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 Page 4 -Council Meeting Minutes, July 13, 2009 COUNCIL MEETING MINUTES JULY 13, 2009 Council Bill No. 2792 duly passed. 3865 COUNCIL BILL NQ. 2793 -RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO IMPLEMENT A PROGRAM TQ PROMQTE ECONOMIC DEVELOPMENT BY DEFERRING THE COLLECTION OF SYSTEM DEVELOPMENT CHARGES FOR SINGLE FAMILY RESIDENTIAL DWELLINGS Councilor McCallum introduced Council Bill No. 2793. 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. 2793 duly passed. 3947 INTERGOVERNMENTAL AGREEMENT WITH OREGON ECONOMIC AND COMMUNITY DEVELOPMENT (OECDD) FOR (1) LOCAL WATER SYSTEM CONSOLIDATION GRANT, (2) AMERICAN RECOVERY AND REINVESTMENT ACT, AND (3) SAFE DRINKING WATER REVOLVING LOAN FUND PUGH/LONERGAN... Allow extension of City water services outside the City limits and Urban Growth Boundary based upon this specific public health emergency and direct staff to memorialize this policy decision in an ordinance to be submitted to Council next meeting. The motion passed unanimously. LONERGAN/PUGH... Authorize the City Administrator to enter into an Intergovernmental Agreement (IGA) with the Oregon Economic and Community Development Department (OECDD) to participate in a grant program to consolidate local non-viable water systems into the City's viable municipal water system. Councilor Cox stated that the general practice has been to first negotiate an agreement and then return with a document for Council to approve. City Administrator Derickson agreed with Councilor Cox in that the general practice has been to first negotiate an agreement and then return to Council with a document for approval. He stated that in this case, time is of the essence. Public Works Director Brown explained the importance in abiding by the EPA's timeline. The motion passed unanimously. COUNCILOR COX/LONERGAN... Authorize the Public Works Director to complete the design, obtain all required permits, finalize the scope of work for the IGA, and prepare the contract documents in compliance with procurement requirements. The motion passed unanimously. 4444 OREGON LIQUOR LICENSE CHANGE OF OWNERSHIP FOR OFF- , PREMISES SALES: A & J Market, l34 Harrison Street A change of ownership liquor license application for off premises sales was submitted by Thapa Corportion. LONERGAN/PUGH... Recommend to OLCC denial of a Change of Ownership liquor license application for A & J Market. The motion passed unanimously. Mayor Figley stated that she has heard complaints about sales of drug paraphernalia and would not want to recommend approval if that activity was currently occurring. Councilor Lonergan and Councilor Pugh agreed with Mayor Figley in that their reasons Page 5 -Council Meeting Minutes, July 13, 2009 COUNCIL MEETING MINUTES JULY 13, 2009 for denial were related to sales of drug paraphernalia. There was discussion amongst the Council in regards to the reasons why they recommend the denial of a Change of Ownership liquor license application for A & J Market to OLCC, which include that the market had been asked to remove the material, the material is two blocks from a school, and that it is morally wrong. Councilor Pugh suggested that the Police Department deliver a copy of this motion to other markets to warn them of Council's decision. Councilor McCallum expressed concern over how alcohol and liquor is controlled. The motion passed unanimously. 4759 AWARD OF THE TRANSPORTATION AND GROWTH MANAGEMENT (TGM) GRANT APPLICATION TO DEVELOP A HIGHWAY 99E CORRIDOR PLAN LONERGAN/MCCALLUM... Accept the Transportation and Growth Management (TGM) Grant for Highway 99E Corridor Plan project and authorize the City Administrator and Community Development Department to negotiate with TGM. The motion passed unanimously. 4820 CITY ADMINISTRATOR'SREPORT He and the Mayor Figley will be absent at the next meeting as they will be lobbying for funds for the I-5 interchange. City Administrator Derickson also stated that there were no arrests or citations made for July 4~' enforcement of illegal fireworks. 4989 MAYOR FIGLEY AND COUNCIL REPORTS Councilor Pugh stated that on a recent trip near the Canadian border he met someone who visits the Woodburn Company Stores. Councilor McCallum thanked Mayor Figley, Council, and staff for contributions to the Woodburn Relay for Life event. He also complimented City Attorney Shields and his team members for running at the event on Saturday. Councilor Schmidt felt Relay for Life had a great turnout by the community and stated the event raised over $73,000. 5361 ADJOURNMENT MCCALLUM /LONERGAN... Meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8 :27 PM. Page 6 -Council Meeting Minutes, July 13, 2009 APPR ATTEST Mary Te ant, Recorder City of Woodburn, Oregon Page 7 -Council Meeting Minutes, July 13, 2009