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Minutes - 05/14/2001 COUNCIL MEETING MINUTES MAY 14, 2001 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 14, 2001. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0020 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley Kilmurray Nichols Sifuentez Present Present Absent Present Present Present Present (left at 9:39 pm) Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Null, Finance Director Gillespie, Public Works Manager Rohman, Park & Recreation Director Westrick, Senior Planner Zwerdling, City Recorder Tennant 0040 Mayor Jennings stated that Councilor Chadwick is recovering from surgery and was unable to attend this meeting. 0084 ANNOUNCEMENTS. A) Memorial Day Holiday closures: City Hall, the Aquatic Center and the Woodburn Public Library will be closed on Monday, May 28th, in observance of Memorial Day. B) Public Hearing: The City Council will hold a public hearing on the proposed annexation of property located at 220 S. Pacific Highway (Carcraft) on Monday, June 11,2001, 7:00 pm, in the City Hall Council Chambers. C) Budget Hearing: The City Budget Committee will hold a hearing on the proposed 2001-02 City budget on Tuesday, May 15,2001, 7:00 pm, in the City Hall Council Chambers D) Budget Hearing: The City Council will hold a public hearing on the proposed 2001-02 City budget on Monday, June 11,2001, 7:00 pm, in the City Hall Council Chambers. E) Water Treatment Project Open House: The public is invited to attend this open house on June 6, 2001 which will be held between 4:00 pm and 8:00 pm in the City Hall Council Chambers. Page 1 - Council Meeting Minutes, May 14, 2001 COUNCIL MEETING MINUTES MAY 14, 2001 TAPE READING APPOINTMENTS - Community Center PlanniDl! Committee. Mayor Jennings appointed the following individuals to serve on this committee: Councilor Pamela Kilmurray, Park Board member Sharon Felix, Joan Garren, Loren "Butch" Flomer, Flurry Stone, Carmen Ramirez, Patricia Eamons, Kevin Hendricks, David Vancil, Preston Tack, Melissa Tittle, and Councilor Elida Sifuentez, NICHOLSIFIGLEY... accept the Mayor's appointments to the Community Center Planning Committee. The motion passed unanimously. 0180 PRESENTATIONS: A) Centennial Park Tree Certificate: A donation was made by the "out-laws" of Harold Livesay, deceased, who had been a member of the Woodburn community for many years. His wife, Rose Livesay, accepted the Tree Certificate and, for the benefit of the audience, recounted the family story of how the "in-laws" on her side of the family came up with the term "out-laws". She expressed her appreciation for the City's recognition of the tree donation. B) Human Rights Commission Award: Alicia Hernandez, Commission member, stated that 6 awards are granted annually by the Commission to individuals that do extraordinary things in their daily lives. She also stated that the week of April 23 through April 27, 2001 is Volunteer Week and a special thanks was given to all volunteers who not only volunteer within our community but throughout the nation, She presented the Commission's Award to Anthony Veliz who has taken the time and dedication to help the high school students and to challenge teenagers that are non- members of the high school. Tony Veliz thanked the Commission for presenting him with this award. He stated that his parents are responsible for instilling the value of giving oneself. His parents also gave him the opportunity to have an education and see some of the world, however, the path has led him back to Woodburn where he feels that he should be. He stressed that volunteering shows care and concern for the community, and the community becomes stronger as its citizens work together. 0597 SKATE PARK COMMITTEE REPORT. Bruce Thomas, representing the Skate Park Committee, stated that the kids have been meeting regularly and are enthusiastic about working with the consultant to design a Skate Park. Once the model is designed, the kids will begin working on their fundraising activities. It is anticipated that it will take approximately 3 months for the designer to work with the community, neighbors, kids, and City Council in order to design the Skate Park and to identify a location for the new park. The Oregon State Recreation & Parks Division will be meeting May 21 st through May 23rd at which time they will be reviewing grant applications and it is hoped that they will grant the City a $75,000 grant award for this skate park. Page 2 - Council Meeting Minutes, May 14, 2001 COUNCIL MEETING MINUTES MAY 14, 2001 TAPE READING 0698 PROCLAMATION: PUBLIC WORKS WEEK - MAY 21- 25. 2001. Mayor Jennings proclaimed the week of May 21 - 25, 2001 as Public Works Week within the City of Woodburn urging citizens to acquaint themselves with the problems in providing public works services and recognizing the contributions public works employees make to the health, safety, and comfort of local residents. 0775 CHAMBER OF COMMERCE REPORT. Doug Templeton, representing the Chamber, informed the Council on the following upcoming events: 1) The Chamber Forum will be held on May 16th, 12:00 noon, at the Woodburn Crossing with the speaker being Chamber Executive Director Jerry Wheeler; 2) Business After Hours will be held on May 17th at the Woodburn Veterinary Clinic from 4:30 pm to 6:00 pm; and 3) The recent Student Job Shadow day resulted in 14 high school students and 13 businesses being represented on this very successful event. Additionally, he stated that the United States is very fortunate to have cultural and political diversity that has made our nation very powerful and, within our own community, we have more than our share of this diversity. He congratulated Tony Veliz as recipient of the Human Rights Commission award since Tony Veliz has recognized the diversity and continues to make an effort to make improvements within our community. 0938 Tom Waggoner, 849 Woodland, stated that residents in the West Woodburn area had previously planted a variety of plants in the Woodland Ave. islands which create a beautiful floral display. However, they are now experiencing theft of plants and he requested that the City install signs prohibiting the picking of flowers or digging of plants. Councilor Nichols stated that these individuals have done a wonderful job to beautify the area and he agreed with the request to install the signs. Administrator Brown stated that staff will look to see what can be done and a report will be brought back to the Council. Mr. Waggoner also commended the Police Department and, in particular, the work done by the Code Enforcement Officer Jeff Waters in responding to concerns of residents. 1184 Vladimir Pendov, 359 Olive St., complained about City Attorney Shields' non-response to written communications he had sent to Attorney Shields regarding violations of city ordinances. He also stated that he did not understand why none of his letters were answered, why the City Attorney did not inform him as to what happens between the City Attorney and his tenants, or why the City Attorney does not give him any information as to what is happening with his property. In his opinion, it was an insurance problem but, with it being considered a legal problem, the insurance will not pay. Page 3 - Council Meeting Minutes, May 14, 2001 COUNCIL MEETING MINUTES MAY 14, 2001 TAPE READING Attorney Shields stated that, as a matter of record, Mr. Pendov was involved in some litigation involving his property and the court awarded costs and attorney fees against Mr. Pendov who was party to the lawsuit involving the other side who was someone Mr. Pendov leased the property to. Eventually, he will be discussing the issue with the Council, however, what is stated here is a matter of record. He stated that Mr. Pendov's public comments are calling his actions into question and he would deal with that issue separately. He reiterated that the City Council is his client and he is willing to discuss the issue at the appropriate time. 1560 CONSENT AGENDA. A) Council minutes of April 23, 2001; B) Planning Commission minutes of March 22 and April 12, 2001, and the draft minutes of April 26, 2001; C) Park Board minutes of April 17, 2001 and draft minutes of May 8, 2001; D) Building Activity report for April 2001; E) Planning Department Tracking Sheet dated May 10, 2001; F) Police Department Activity Report for March 2001; G) Library Activity Calendar for May and June 2001; H) Highway 99E Speed Zone Investigation Results: I) Claims for the month of April 2001; and J) Receipt of grant for pedestrian improvement project on Highway 214. In regards to item 8H, the Mayor stated that the ODOT Traffic Management Section has completed the speed zone investigation for the portion of Highway 99E from James Street north to approximately 500 feet south of Industrial Way and they are recommending that this segment of roadway have a reduction in vehicular speed from 45 MPH to 35 MPH. Since the City is in agreement with this speed reduction, ODOT will soon be installing the new speed signs in this area. He also stated that ODOT also studied Highway 99E between Woodburn and Hubbard and they will be reducing the speed along this segment of roadway from 55 MPH to 50 MPH. In regards to item 8J, Mayor Jennings stated that the City has been awarded a $200,000 ODOT grant for the purpose of installing sidewalks along both sides of Highway 214 between Park Avenue and Meridian Drive. The estimated cost for this project is $414,200 with the balance of the project costs being shared by the City and Woodburn School District. In the staff memo, it was also noted that the City would be installing a gravity sewer interceptor in this same corridor prior to the installation of the sidewalks. Councilor Bjelland stated that the City was 1 of 90 applications for the Bicycle/Pedestrian grant program of which Woodburn was 1 of 11 grants awarded by ODOT. FIGLEYINICHOLS.... consent agenda be adopted as presented. The motion passed unanimousl y. Page 4 - Council Meeting Minutes, May 14, 2001 COUNCIL MEETING MINUTES MAY 14, 2001 TAPE READING 1838 COUNCIL BILL 2306 - RESOLUTION ENTERING INTO A CONTRACTUAL SERVICES AGREEMENT AND DESIGNATING HUGGINS INSURANCE SERVICES. INC.. AS THE CITY'S INSURANCE AGENT OF RECORD. Council Bill 2306 was introduced by Councilor Figley. 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 Jennings declared Council Bill 2306 duly passed. 1897 COUNCIL BILL 2307 - RESOLUTION PROVIDING INCENTIVES TO CONNECT TO THE CITY SEWERAGE SYSTEM FOR PROPERTIES SUBJECT TO COMPULSORY ANNEXATION UNDER ORS 222.750. Councilor Figley introduced Council Bill 2307. Mayor Jennings stated that the last "Whereas" clause in the copy of the bill in the agenda packet refers to "ordinance", however, the original Council Bill has been changed to read "resolution" . Recorder Tennant read the bill by title only since there were no objections from the Council. Public Works Director Tiwari requested that the Council Bill be approved regardless of whatever the Council's decision will be on the annexation issue before the Council since the policy in this bill is similar to the policy approved by the Council in the past. Approval of the bill will authorize the City to pay ~ of the system development charges from the sewer service charge funds. The City's intent is to keep the sub-surface water clean and to encourage property owners on a septic system to connect as soon as possible/ The incentive to the property owner is to receive a subsidy on sewer connection fees if they connect within 1 year of the annexation. He also stated that a past informal policy has been to allow for a 5-year payment plan for sewer connection fees and the Council Bill includes formalization of the payment plan. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2307 duly passed. 2254 COUNCIL BILL 2308 - RESOLUTION AUTHORIZING TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2000-01. Council Bill 2308 was introduced by Councilor Figley. The bill was read by title only since there were no objections from the Council. Recreation and Park Director Westrick stated that his department is requesting funds for the purchase of a Rotadairon which is a soil-renovating device to be used at the City's major parks and, with the purchase of this equipment, the City will be able to charge an hourly rate for use of the equipment against various park grants. He stated that this equipment will help the maintenance staff to get some of the capital improvement Page 5 - Council Meeting Minutes, May 14, 2001 COUNCIL MEETING MINUTES MAY 14, 2001 TAPE READlNG projects completed and to begin with renovation projects within the City. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill duly passed. 2422 COUNCIL BILL 2309 - RESOLUTION ELECTING TO APPLY FOR ENTRY INTO THE OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM LOCAL GOVERNMENT RATE POOL. Council Bill 2309 was introduced by Councilor Figley. 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 Jennings declared Council Bill 2309 duly passed. 2487 COUNCIL BILL 2310 - RESOLUTION CALLING FOR A PUBLIC HEARING ON ANNEXATION OF PROPERTY LOCATED ON THE EAST SIDE OF HIGHWAY 99E APPROXIMATELY 600 FEET SOUTH OF THE WILLAMETTE VALLEY RAILROAD (Woodburn Carcraft). Councilor Figley introduced Council Bill 2310. 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 Jennings declared Council Bill 2310 duly passed, The public hearing will be held on June 11,2001, 7:00 pm, in the City Hall Council Chambers. 2552 COUNCIL BILL 2311 - RESOLUTION SUPPORTING TRANSPORTATION GROWTH MANAGEMENT GRANT APPLICATION FOR TRANSPORTATION UPDATE OF THE CITY'S HISTORIC DOWNTOWN TRANSPORTATION PLAN. Councilor Figley introduced Council Bill 2311. 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 Jennings declared Council Bill 2311 duly passed. 2613 COUNCIL BILL 2312 - RESOLUTION SUPPORTING APPLICATION FOR TRANSPORTATION AND GROWTH MANAGMENT GRANT FROM OREGON DEPT. OF TRANSPORTATION AND OREGON DEPT. OF LAND CONSERVATION AND DEVELOPMENT. Council Bill 2312 was introduced by Councilor Figley. Recorder Tennant read the bill by title only since there were no objections from the Council. Administrator Brown stated that both grant applications would allow the City to do necessary planning in 1) supplementing effort to plan street improvements in the Urban Renewal District, and 2) assist in funding the update of the City's Transportation System Plan which will be done as part of the Periodic Review process. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Page 6 - Council Meeting Minutes, May 14, 2001 COUNCIL MEETING MINUTES MAY 14, 2001 TAPE READING Council Bill 2312 duly passed. 2712 COUNCIL BILL 2313 - ORDINANCE AMENDING ORDINANCE 2157 (WASTEWATER USER CHARGE ORDINANCE). AND REPEALING ORDINANCE 2174. Councilor Figley introduced Council Bill 2313. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Public Works Director Tiwari stated that staff is requesting that this bill be approved regardless of the decision yet to be made by the Council on the annexation of properties. He stated that the City's goal is to keep sub-surface water clean and it is desirable that properties annexed be connected within 1 year. The current ordinance would impose a minimum charge to property owners who are within 100 feet of an adequate sewer main even if the property owner continued to use their septic system rather than connecting to the City's system. The proposed ordinance would remove the service charge, however, he reiterated that a property owner with a failing septic system must be connected to the City's sewer system and they will pay a service charge at that time. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2313 duly passed with the emergency clause. 3036 COUNCIL BILL 2314 - ORDINANCE ADOPTING SUPPLEMENTAL FINDINGS WHICH SUPPORT APPROVAL OF ANNEXATION #98-03. COMPREHENSIVE PLAN MAP AMENDMENT #98-02. AND ZONING MAP AMENDMENT #98-04 FOR ANNEXATION. COMPREHENSIVE PLAN MAP AND ZONING MAP APPROVAL ON 8.0 ACRES FOR PHASES 2 AND 3 OF THE WOODBURN COMPANY STORES. Councilor Figley introduced Council Bill 2314. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2314 duly passed with the emergency clause. 3162 CONTRACT AWARD: STREET RESURFACING PROJECTS. Administrator Brown stated that a revised memo was distributed at this meeting to replace the memo in the agenda packet since the bid specifications did not include resurfacing of a portion of West Hayes Street. However, the next bid package will include the resurfacing of a portion of West Hayes Street. Bids for the resurfacing of Columbia Drive and South Cascade Drive were received from the following contractors: Parker Northwest Paving Co, $87,534.50; Morse Bros, $89,997.25; Salem Road & Driveway, $98,649.00; North Santiam Paving, $98,871.00; and D & D Paving, $112,936.25. Staff recommended acceptance of the low bid from Parker Northwest Paving which was below the engineer's estimate. Page 7 - Council Meeting Minutes, May 14, 2001 COUNCIL MEETING MINUTES MA Y 14, 2001 TAPE READING FIGLEY /BJELLAND... bid #21-15 for the resurfacing of Columbia Drive and South Cascade Drive be awarded to the lowest responsible bidder, Parker Northwest Paving Co, in the amount of $87,534.50. The motion passed unanimously. 3334 BID AWARD: AERATORlCOMPOSTER UNIT. A bid for an aerator/composter unit to be used for turning and aerating biosolids to accelerate processing in the wastewater facility drying beds was received from Corvallis New Holland, Inc. in the amount of $16,572,00. Staff has evaluated this bid and found that it is a reasonable amount to pay for this specialized piece of equipment. FIGLEY/SIFUENTEZ... Bid #21-14 for an aerator/composter unit be awarded to Corvallis New Holland, Inc., in the amount of $16,572.00. The motion passed unanimousl y. 3374 LIQUOR LICENSE APPLICATION FOR FULL ON-PREMISE SALES LICENSE FOR SU CASA IMPORTS. 1032 N. Pacific Hi2hwav. A liquor license application for a full on-premise sales was submitted by Rafael and Isabell Mendoza, owners of Su Casa Imports which is located in the Mall 99 North Pacific Plaza. The full on-premise sales license will allow for the sale of distilled spirits, malt beverages, wine, and cider for consumption at the license premise. FIGLEY/SIFUENTEZ... approve a full on-premise sales liquor license for Su Casa Imports with special conditions as outlined in the Compliance Plan. Councilor Kilmurray questioned if, under the type of license being considered, would a patron be able to order a drink without ordering food. Chief Null stated that patrons could only order alcoholic beverages if food has been ordered. Additionally, the store will have a very small restaurant within the store in order meet the conditions of the license. The vote on the motion was 4-1 with Councilor Nichols voting nay. 3506 ACCEPTANCE OF ODOT PEDESTRIAN SAFETY ENFORCEMENT GRANT. Staff recommended the acceptance of an $1,800.00 grant which will target enforcement of crosswalk safety laws. Enforcement activities will be held on five different days between May 17,2001 and July 1,2001 at different crosswalk locations including the new crosswalk on Highway 214. FIGLEYIKILMURRA Y... approve the acceptance of the grant in the amount of $1,800.00 from ODOT Traffic Safety Division for enforcement of crosswalk safety laws. The motion passed unanimously. 3548 PROPOSAL TO INCREASE THE TRANSIENT OCCUPANCY TAX. Administrator Brown requested that, if the Council was agreeable to the proposal being outlined, staff be authorized to increase the transient occupancy tax from 6% to 9% and to Page 8 - Council Meeting Minutes, May 14, 2001 COUNCIL MEETING MINUTES MAY 14, 2001 TAPE READING dedicate the revenues generated from this tax increase to support tourism and economic development. He stated that the current ordinance provides for a 6% lodging tax whereas the statewide average for this tax is 8%. Larger cities along the 1-5 corridor such as Portland or Eugene charge 9% or 9.5%. Additionally, Woodburn operators are allowed to retain 10% of the money collected to offset their costs in collecting and accounting for the tax. Since 1998, the City has collected an average of $21,000 per year per percent of tax levied, but, on the conservative side, staff feels that the City would collect annually between $18,000 and $20,000 for each percent levied. He also stated that in 1998, the Council amended the ordinance to eliminate the revenue sharing with the Chamber, however, they did enter into a contract for services for marketing Woodburn and the Chamber received $8,000 annually for this service. If the transient occupancy tax is increased, staff proposes to use the additional funds generated from this tax for tourism and event promotion. This includes providing some budgetary funds for our Management Analyst to have a stable funding source to promote city-wide events such as the Tulip Festival, 4th of July, Christmas celebrations, and a signature event such as a berry or harvest festival. The Chamber Board would also like to get involved with a Visitor's Bureau, however, they are faced with having difficulty in generating revenue to accomplish their goal of marketing Woodburn as a tourist and business attraction, He stated that the Chamber has recently revised their membership fee structure but there is still a need for outside financial support. He stated that the 6% tax already being charged is considered as a discretionary funding source and is used to support the cost of services used by visitors, whereas, the additional tax would be considered as a dedicated funding source to generate additional tourism, create additional job opportunities, and strengthen our local economy. The staff proposal is to increase the tax by 3% effective July 1,2001 of which 1 % would be dedicated to the Events Program which would promote tourism and economic development activities, and the balance would be treated as a grant award program. Organizations that have tourism and economic activities could apply for funds to provide visitor services or promote tourism or economic development. This would be a competitive source of funding for single or multi-year contracts. Administrator Brown stated that he had brought this proposal before the Chamber and local hotel/motel operators for their input. The Chamber has expressed their support and the Tourism Committee of the Chamber is also in support even though they will need to apply for grant funding. On the other hand, not all of the hotel/motel operators are in favor of the increase, however, a majority of them are members of the Chamber Board and Tourism Committee who are in favor of the increase. He reminded the Council that the Budget Committee is aware of this proposal and they have made provisions in the budget for the events program funding. Councilor Bjelland questioned if the dedicated revenues in the grant award program would be dedicated to outside agencies only or would the City be able to prepare a application for funding a proposal that meets the criteria. Page 9 - Council Meeting Minutes, May 14, 2001 COUNCIL MEETING MINUTES MA Y 14, 2001 TAPE READING Administrator Brown stated his proposal would allow for city departments or related agencies to apply for the funds on equal standing with non-profit organizations. Councilor Figley spoke in favor of making the funds available to the City and different non-profit agencies. FIGLEYIBJELLAND... direct staff to prepare an ordinance which increases the City's transient occupancy tax from 6% to 9% and dedicate the resulting revenues to activities supporting tourism and economic development. The motion passed unanimously. 4889 CANCELLATION OF MAY 28. 2001 COUNCIL MEETING. Administrator Brown stated that the next regular Council meeting falls on Memorial Day and he questioned if the Council would like to cancel that meeting and, if so, do they want to meet on May 29th if is necessary in order to conduct business. BJELLAND/SIFUENTEZ... cancel the May 28,2001 regular meeting. The motion passed unanimously. 5103 CONTINUATION OF PUBLIC HEARING: CITY INITIATED ANNEXATIONS. Mayor Jennings continued the public hearing at 8: 16 p.m.. Administrator Brown stated that there were a number of issues raised at the last meeting, one of which was getting the legal descriptions approved by the Dept. of Revenue. To date, the State has responded back on all but a couple of the descriptions and it is anticipated that the State will have completed their review of the descriptions prior to the June 11 th Council meeting. Another issue brought up by property owners involved septic systems and the City's position as to when they would be required to connect to the City's system. Fees were another issue as it relates to both water and sewer, and costs related to line extensions. It was also noted that the location of the city limits is being defined through extensive research by planning staff and with the County Assessor's office. He stated that Council action taken earlier in this meeting would provide some relief from the system development charges and would allow property owners to pay the system development charges over time. Staff is proposing that, if a property owner is on a working septic system or working water well, there would be no requirement to connect to the City's system until such time as the septic system or water well fails. Under the ordinance, the property owners could pay Y2 of the sewer system development charges within the first year and then connect at anytime in the future without having to pay the full or current fee for connection. Another resolution adopted by the Council eliminates the payment of a user fee to those properties involved in a compulsory annexation unless they are using the sewer system. For those properties in which sewer is being used but no water, staff would use the city-wide average of $27.00 per month, however, if a property owner could meter their water flow and staff would look at those documented numbers to see if a lower monthly rate could be established. In regards to line extensions in the area of Laurel A venue, staff is estimating the cost of an upgrade from a Y2 inch line to a 4 inch Page 10 - Council Meeting Minutes, May 14, 2001 COUNCIL MEETING MINUTES MAY 14, 2001 TAPE READING line at $60,000 with another $60,000 if fire hydrants are included, and staff proposes that the City would participate by contributing the $60,000 for the fire hydrants. In order to extend the sewer line, the estimated cost is $238,000 and this cost would be paid for by the property owners. Mayor Jennings stated that the water line was installed by a developer in the 1940's and it serves 7 parcels of land along Laurel A venue. In regards to taxes, property owners will see an increase in their tax bill by the amount of the City's permanent tax rate of $6.0534 per $1,000 assessed valuation. Lastly, he stated that the Planning Department and the City Attorney's office have developed findings and conclusions that need to be considered as part of the record of this public hearing, 6030 Public Works Director Tiwari reviewed the system development charges, requirements to connect to the City's system, service charge and billing, and utility extension issues. He stated that the current system development charge for connecting to the water system is $1,452.00 and it was noted that there would be no reduction to the property owner if they elect to connect within one year of the annexation. The current wastewater system development charge is $2,977.00 of which one-half of the fee ($1,488.50) would be charged to the property owner if connected or paid for within 1 year of the annexation as provided for in the recently adopted ordinance. It was noted that existing homes within the proposed annexed areas would not be subject to system development charges for traffic impact, parks, or storm drain. He also reminded the Council that the goal is to keep the environment clean and the reduction in the sewer system development charge, in addition to allowing a 5-year payment plan, has been designed as an incentive for the property owners to connect to existing lines. In regards to water, property owners are under no requirement to connect and they will be required to pay the full system development charge at the time of connection. He reiterated that the property owners would be responsible for the full cost of any line extensions except for the Laurel A venue water line in which the City would contribute towards the cost of the fire hydrants, Tape 2 0046 Joe Samiov, 1420 Commerce, stated that his property is approximately 700 feet away from the closest sewer line and is very concern with the cost of the extension if it is required. Mayor Jennings stated that property owners do not have to hook-up to the sewer system unless their system fails. Ray Peterson, 1640 Laurel, stated that he is within 100 feet of the sewer line coming off of Tomlin Street but the line is undersized in order for him to connect to at this time. He was concern that if he paid the Yz fee now he may still be required to pay the full fee in a couple of years when a sewer line is extended that he can connect to. Director Tiwari reviewed the current water and sewer rates and how sewer rates would be determined if the property owner is on a water well rather than connected to City water. In regards to properties along N. Boones Ferry Road, there is a sewer line that would Page 11 - Council Meeting Minutes, May 14, 2001 COUNCIL MEETING MINUTES MAY 14, 2001 TAPE READING service each of those properties and owners would be required to connect to the sewer system if their septic system fails. There is no requirement that they connect to the sewer system provided that their system is in working order and, until such time as they do connect to the system, they do not pay any monthly service fees. In regards to Laurel Avenue, there is a very small water line and, if the property owners wish to pursue an upgrade, they could petition for a local improvement district (LID) and pay their share of the benefitted costs. He also stated that a loop water line does improve the water quality and creates better water flow. If the property owners along Laurel A venue wish to have the sewer line extended, the estimated cost is $230,000 which could also be petitioned for through the LID process. It was noted that the sewer line needs to be extended from Highway 99E since the Tomlin Avenue line is shallow. He also stated that the City has not done any engineering on the extension of this line nor have they proposed any method in which to allocate costs of the improvements back to the benefitted property owners. He briefly reviewed the LID process which would be followed in the event the property owners along Laurel Avenue decide to pursue water and/or sewer line extensions. Mr. Saminov reiterated that his house is still 600 feet away from an existing line and the cost for him to put in a line is very high for just one house. He also questioned if the zoning would be changed as part of this annexation process. Administrator Brown stated that the City is in the process of doing periodic review and the City will undertake the zone changes as part of this process. In regards to the sewer system development charge, any property owner being annexed can pay the fee up front at the reduced rate and reserve their right to connect at a later date without paying the full SDC rate in place at that time, and there will be no monthly service charge until such time as the property owner is using the sewer service. Any water or sewer line extensions are installed by private contractors employed by the property owner and those lines must meet City specifications. Ray Peterson questioned what time frame would be involved to install a water and/or sewer line extension. Director Tiwari stated that if the property owners initiate the LID process, it will take about 2 years from the time of initiation to completion of work. Mr. Pendov stated that he owned property on Laurel and, while trying to develop the property, was told that he could not extend his sewer line to Highway 99E without incurring a very high cost. He stated that properties in this area are experiencing septic system failures due to storm water problems in the area. He approached the property owners surrounding his property to try and get them to participate in an LID, however, they were not willing to pay their share of costs. Director Tiwari stated that property owners will be required to connect if a septic system is failing or, if connection is not feasible, they will need to install a pumping system. As part of any development, the developer is responsible for contracting for infrastructure improvements that meet City specifications. A developer can work with property owners Page 12 - Council Meeting Minutes, May 14, 2001 COUNCIL MEETING MINUTES MAY 14,2001 TAPE READING that would benefit by the line extensions in order to share costs associated with the improvements utilizing the LID process. Debbie Monnier, 328 Parr Rd, stated that their home is located 70 feet from the sewer lines, however, the School District owns property between their property and the sewer line. She questioned if they would be responsible for purchasing an easement from the School District and to pay for the costs to extend to the sewer, or would the City bring the sewer line to their property line. Director Tiwari stated that the City would be willing to facilitate in obtaining the easement, however, it will be the responsibility of the property owner to pay for the costs to install the line from the house to the sewer line. Recorder Tennant read a letter in favor of the proposed annexations from Attorney Michael Robinson who represents a property owner that owns a parcel of land located in the vicinity of Stacy Allison Way. Mayor Jennings closed the public hearing at 9:08 p.m.. 2137 Councilor Kilmurray stated that she was pleased with the work done by staff on this issue and the options that have been provided to the property owners. Councilor Figley stated that, even though she had not been at the initial hearing, she felt that the issues of concern expressed by the property owners have been addressed by staff. FIGLEY/SIFUENTEZ... approve the island annexations as set forth and direct staff to prepare an ordinance reflecting their decision. BJELLANDINICHOLS... amend motion to include the findings of fact prepared by staff in support of the annexations be attached to the ordinance. The motion to amend passed unanimously. The motion, as amended, passed unanimously. 2300 PUBLIC HEARING: ANNEXATION #00-01 AND ZONE CHANGE #00-01 (Friendlv GMC located at 770 N. Pacific Hil!hwav). Mayor Jennings declared the public hearing open at 9: 11 p.m.. Recorder Tennant read the land use statement required by ORS Chapter 197. Community Development Director Mulder stated that the property owner has requested annexation of their property due to a failed septic system and they must hook-up to the City's sewer system. The property is located at 770 N. Pacific Highway and is contiguous to the city limits. In conjunction with the annexation request, the applicant is requesting a change in zone from Marion County Commercial Retail to City Commercial Retail zoning. The Planning Commission has held a public hearing on this application and they have recommended approval based on the findings and conclusions in their final order. There were no declarations made by the Mayor or Councilors regarding ex-parte contact. Tony Miller, applicant, stated that one septic system has failed, therefore, they only have one restroom available for use. He requested permission to start working on connecting Page 13 - Council Meeting Minutes, May 14, 2001 COUNCIL MEETING MINUTES MAY 14, 2001 TAPE READING to the City's sewer line in order to get more restroom facilities open at the business. Administrator Brown stated that staff will provide assistance in expediting the permit process. Councilor Bjelland also stated that the City fees will not be waived if there is a connection to the City's system even though the applicant may have to go to the County in order to obtain permits to begin work prior to the annexation of the property. Mr. Miller stated that he realized that all City fees would be applicable. Mayor Jennings declared the public hearing closed at 9: 17 p.m.. FIGLEYIKILMURRAY... concur with the Planning Commission's final order and approve annexation #00-01 and zone change #00-01, and instruct staff to prepare an ordinance to substantiate that decision, The motion passed unanimously. 3035 Roy Smith, 2580 N. Boones Ferry, expressed his appreciation to the Council and staff for answering all of his questions that were brought up during the public hearings on the proposed annexations of property which are surrounded by city limits. 3080 PLANNING COMMISSION ACTIONS. A) Partition #01-02: Request to divide a commercial parcel located at 110 Arney Road into two separate parcels. No action was taken by the Council on this partition which was approved by the Planning Commission at their May 10,2001 meeting. B) Site Plan Review #01-05 through #01-08: Request to place temporary classroom modular units at Lincoln Elementary School, Heritage Elementary School, Nellie Muir Elementary School, and Washington Elementary School. Councilor Kilmurray questioned the need for more modular units since the elementary schools are utilizing year-round school. Mayor Jennings stated that the School District is going back to a single calendar school year and the modular units are necessary to meet classroom size needs. The School District has not utilized the year-round school track system for some time since there was a lot of controversy on the track system when it was in place. Councilor Kilmurray stated that she would like to receive some follow-up information from the School District on this issue. No action was taken by the Council on the Planning Commission action. 3217 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that the City is the recipient of a grant award from the Silverton Hospital in the amount of $6,500 for the funding of the Skate Park preliminary design work including site selection and site plan. On behalf of the City, he expressed his appreciation to the Hospital for their contribution towards this project. Page 14 - Council Meeting Minutes, May 14, 2001 COUNCIL MEETING MINUTES MAY 14, 2001 TAPE READING 3323 MAYOR AND COUNCIL REPORTS. Councilor Nichols expressed his appreciation for the removal of the blue tarp off of the City's building at 347 N. Front Street. He also stated that he was unable to attend the employee recognition dinner, however, he expressed his appreciation to all of the City employees for their work. Councilor Figley stated that the Woodburn Independent had run a poll on how local citizens felt on restoring the Steam Engine and running it. Of the total respondents, 87% responded favorably to the restoration and operation of the Steam Engine. She encouraged citizens to attend the next Train Committee meeting on June 6th, 1 :00 pm to 3:00 pm, in the City Hall Council Chambers. An ODOT representative doing a feasibility study regarding the rail line will present a report and may have additional information on available equipment and possible funding sources. She also expressed her appreciation for all of the get well wishes and prayers for her return to good health. Councilor Kilmurray also expressed her appreciation to city staff for their hard work in accomplishing the work that is done within our community and making it a great place to live. Councilor Bjelland also extended his appreciation to the employees for the excellent job they do in our community. Councilor Bjelland reported on the following items from the Mid-Willamette Valley Advisory Commission on Transportation: 1) The ODOT Rail Division and rail issues were discussed at the last meeting with one of the topics being the West Salem Line Tourist Train Project which would go through Woodburn to Stayton. Funds have been awarded to study that project. Additionally, the ODOT Rail Division is an administrator of all highway railway grade crossings in the State and, with the high speed rail project approval from Seattle to Woodburn, the ODOT Rail Division has undertaken a study of all the rail crossings along the high speed rail access and will be especially interested in any crossings that need to have significant improvements and/or safety concern. This may help the City to expedite improvements to the Hardcastle Ave. railroad crossing, 2) Commuter Rail project between Beaverton and Wilsonville is another item of interest which is being studied. He, along with representatives from Keizer and Salem, expressed interest in seeing if that project could be extended down into the Salem area. This particular project is on the Burlington/Northern Santa Fe rail line, therefore, if there was a stop in Woodburn it would be located out in West Woodburn. He stated that there is too much freight traffic on the Union Pacific rail line, therefore, it would not accommodate a commuter line which is on a set schedule. He suggested that the City take this project into consideration when updating the Transportation Plan. 3) Another topic of discussion was a report on a Highway 99E corridor safety project from Salem to Canby which shows that the area around Woodburn has one of the highest accident rates of any highway in the State of Oregon. The report indicates that a lot of the Page 15 - Council Meeting Minutes, May 14, 2001 COUNCIL MEETING MINUTES MAY 14, 2001 TAPE READING accidents involve pedestrians and bicyclists, and it also states that the roadway is underlit from a street light standpoint especially in the vicinity of the intersections. He felt that this would be a useful document in providing evidence that there needs to be significant safety improvements on Highway 99E in the Woodburn area. 4) He stated that the anticipated completion date of the Commuter Rail project from Beaverton to Wilsonville is September 2004 at an anticipated cost of $85 million. He also stated that the City of Canby would like the project to at least cross the river so that they could provide a transportation hook-up from Canby to the rail project. Councilor Bjelland stated that at another meeting he attended before the Land Conservation & Development Commission (LCDC), there was a presentation of an Oregon Guide for Reducing Street Widths which was a document prepared by a State Code of Design team comprised of interested parties in the design of streets within Oregon. They obtained approval for various types of narrower streets which could be adopted by cities. He has a copy of the document which he will be giving to City staff. Councilor Sifuentez expressed her opinion that the Employee Recognition dinner was well organized and attended by City staff. She also expressed her appreciation to the staff for their dedication to the City. Mayor Jennings stated that Kezia Merwin did an excellent job in putting the program together and he thanked the Council for providing the funds for this event. He expressed his hope that the Council will continue the recognition dinner in the future. 4463 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(f) and ORS 192.660(1)(h). FIGLEY/SIFUENTEZ... adjourn to executive session under the statutory provisions cited by the Mayor. The motion passed unanimously. Councilor Sifuentez left the meeting at 9:39 pm. The Council adjourned to executive session at 9:39 p.m. and reconvened at 10:07 p.m.. 4495 Mayor Jennings stated that no decisions were made by the Council while in executive seSSIOn. FIGLEYIBJELLAND... delegate to the City Administrator the authority to file an appeal in Marion County Circuit Court Case #OOC 1 0897, Baker v City of Woodburn and Craig Realty Group, within the time period prescribed by law. The motion passed unanimously. Page 16 - Council Meeting Minutes, May 14, 2001 COUNCIL MEETING MINUTES MAY 14, 2001 TAPE READING 4560 ADJOURNMENT. BJELLANDINICHOLS... meeting be adjourned. The motion passed unanimously, The meeting adjourned at 10:09 p.m.. ? APPROVED RICH AITESTm~ Mary Ten ant, Recorder City of Woodburn, Oregon Page 17 - Council Meeting Minutes, May 14, 2001