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Minutes - 11/12/2002 COUNCIL MEETING MINUTES NOVEMBER 12, 2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF l\1:ARION, STATE OF OREGON, NOVEMBER 12,2002. CONVENED. the meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Police Chief Russell, Park & Recreation Director Westrick, Library Director Sprauer, Asst. City Engineer Torgeson, Management Analyst Smith, City Recorder Tennant Councilor Figley requested that an item be added to the agenda relating to a request made by a constituent. The Mayor stated that the item would be added under New Business. 0050 ANNOUNCEMENTS. A) Mayor Jenning's Farewell Party: This event will be held on Friday, November 15, 2002, at St. Luke's Rubis Hall. Tickets are available in the City Administrator's office. B) Library Gardening Program: The Library is sponsoring this program which will be held on Sunday, November 17th, 2:00 p.m., in the City Hall Council Chambers. C) Public Hearing: The public hearing for Woodburn Crest Estates Mobile Home Park will be continued to Monday, November 25,2002, 7:00 p.m., in the City Hall Council Chambers. D) City Hall Office Closure: City offices will be closed November 28 and 29,2002 in observance of Thanksgiving. 0100 Henry Jaeger, 1830 E. Hardcastle, expressed his opinion that, for the most part, the contractors did a good job on the East Hardcastle street improvement project. Additionally, there was an incident involving vandalism of newly poured concrete and the Police Departmeht did a good job in locating the suspects and getting the cement work fixed. He stated that he does have a problem with the placement of the mailboxes on E. Hardcastle. With the improved street, there will be more traffic from motorists bypassing Page 1 - Council Meeting Minutes, November 12,2002 T COUNCIL MEETING MINUTES NOVEMBER 12, 2002 TAPE READING the Hwy. 211/214/99E intersection thereby making it more difficult to safely cross the street to their ma~lbox. He realized that the Post Office has the final say on the placement of the mailboxes, however, he requested assistance from the Council and/or staffto try and get either a route change in order to get the mailboxes in front of the house rather than on one side of the street or lockboxes installed. He expressed concern with the increasing crime rate involving mail theft and indicated that he would be putting in lockboxes for the duplexes he owns along Kennedy Street. Councilor McCallum suggested that he talk to the Postmaster since he has found him willing to listen to the patrons to see if something can be worked out. Mr. Jaeger proceeded to show some photographs of other areas in town in which the sidewalk abuts the curb rather than having a planting strip between the sidewalk and curb. On East Hardcastle, the sidewalk abuts the curb on the north side of E. Hardcastle but on the south side, there is a 1 foot planting strip. He objected to this depth of a planting strip since it is difficult to water and in most cases, property owners will neglect the planting strip thereby making the area unattractive. He suggested that the 1 foot planting strip be filled in with cement which will make it look the same as the north side ofthe roadway. 0738 Public Works Director stated that the sidewalk on the south side of the road was constructed about 3 years ago in order to make the area safer for pedestrians. At the time of construction, the sidewalk was paid for by the City. He stated that the planting strip has advantages such as the ability to install signs or mailboxes without taking away a portion ofthe sidewalk and, from a safety perspective, it keeps children further away from the roadway when they are using the sidewalk. Under the City's new development ordinance, sidewalks are to be placed away from the curb rather than abutting the curb. In this particular case, at the time of the sidewalk installation, there was no right-of-way available to move the sidewalk away from the curb placement on the north side. In regards to the planting strip, the intent is to place barkdust in this area and periodically spray for weeds. He stated that he is in support of the mailboxes on the south side since there are more residences on the south side. He had also talked to the Post Office staff but there is a route problem and they are willing to consider a change if there is a cluster of mailboxes with locking devices which they do not have to pay for. In regards to slowing down the traffic, in many cases, speed signs and traffic enforcement are the more appropriate methods to use rather than placing stop signs at specific intersections unless an engineering report recommends the stop sign placement. Mayor Jennings questioned if a property owner could, on their own, put cement in the planting strip. Director Tiwari stated that there may be some other alternatives rather than cement and staff is willing to talk to property owners that are interested in an alternative to the barkdust concept Page 2 - Council Meeting Minutes, November 12,2002 T COUNCIL MEETING MINUTES NOVEMBER 12, 2002 TAPE READING 1284 CONSENT AG~NDA. A) approve Council regular and executive session minutes of October 28, 2002; B) accept the Library Board minutes of October 9,2002; C) accept the Plapning Commission minutes of September 26, 2002; D) accept the Recreation and Park Board minutes of October 15,2002; E) receive the Police Department activities report for September 2002; F) receive the street closure report for the Centro Cristiano Harvest Festival held on October 31, 2002; G) receive the Planning Project Tracking Sheet dated October 29,2002; H) receive the Building Activity report for October 2002; and I) receive the Library Monthly report for October 2002. FIGLEYINICHOLS... adopt the consent agenda as presented. The motion passed unanimously. 1350 COUNCIL BILL 2422 - ORDINANCE REPEALING THE SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES ADOPTED IN 2001 AND ADOPTING THE 2002-03 REVISED FEE SCHEDULE. Councilor Chadwick introduced Council Bill 2422. Recorder Tennant read the two readings of 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 2422 duly passed with the emergency clause. 1450 COUNCIL BILL 2423 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH CHEMEKETA COMMUNITY COLLEGE FOR PARTICIPATION IN THE CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE (CCRLS). Councilor Chadwick introduced Council Bill 2423. 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 2423 duly passed. 1506 REVISED DRAFT TREE PROTECTION AND PRESERVATION ORDINANCE. Councilor Nichols referred to Section 8(F)(2) and objected to the property owner having to pay a fee in order to bring an appeal before the City Council. Councilor Figley expressed her opinion that this version of the draft ordinance is more palatable in that it does limit a great deal of protection to very large trees and those within the setback areas (street scape) even though it may be on private property. In looking at the entire ordincmce, she would not actively oppose this ordinance but she wondered if it be better to accomplish objectives by a Heritage Tree Program in recognizing and honoring old tre~s and in educating the public about these trees. Page 3 - Council Meeting Minutes, November 12,2002 I , T COUNCIL MEETING MINUTES NOVEMBER 12, 2002 TAPE READING She also request~d that the typographical errors in the draft ordinance be corrected before final action is considered by the Council. Administrator Brpwn stated that the document is still in draft form and he is trying to get more input from the Council before a final draft is prepared and a public hearing is held on this issue. In tegards to the appeal fee, staff had proposed that an appeal fee be charged to recover publication and staff costs similar to what is being done in other areas involving an app~al. Councilor Nichols stated that he could understand the reasoning for trying to recover costs, however, he did not feel that a tree removal or tree topping would require much public notice. Councilor McCallum suggested that the appeal fee be defined in the draft so that the Council can determine whether or not the fee should be imposed. Councilor Bjelland suggested that this draft contain all of the proposed fees before the hearing is held. Councilor McCallum stated that he does have concerns regarding the increase in the tree diameter from 24 inches to 36 inches and in the setback language, however, he could agree to the document as it has been drafted. He advocated the adoption of an ordinance that would preserve heritage trees in our community. Councilor Bjelland briefly reviewed some typographical errors in the draft document and expressed his interest in holding a public hearing on this issue. To date, he has not made a decision as to what direction the City should take, however, increasing the diameter of tree and limiting it to the street scape is more acceptable than making the owner's entire lot subject to tree preservation. He also felt that the dollar amounts need to be included in the draft document so that the Council and public are aware of the amounts before any final action is taken by the Council. Councilor Sifuentez expressed her opinion that it seems to be a good document. Her concern has always been about the rights of the citizens and not infringing upon those rights. She will be in attendance at the public hearing to hear what the citizens have to say about this draft document and is would like to hear comments from the staff and public before finalizing the ordinance. Councilor Chadwick stated that each tree needs to be looked at individually since there are numerous reasons as to why a property owner may want to have it removed. Mayor Jennings suggested that the public hearing will give the Council direction as to whether or not at;l ordinance should be adopted. He reminded the Council that concerned citizens brought this issue to the Council originally and the draft ordinance is an attempt to address the concerns of those individuals. In regards to permit fees, he realized that a property owner would incur costs relating to an arborist and tree removal, however, he has mixed emotions on the requirement of an appeal fee. He also reminded the Council that many cities have some sort of ordinance relating to tree preservation and he agreed that the 36 inch diameter tree is a fairly large tree to protect in addition to street scape. Page 4 - Council Meeting Minutes, November 12,2002 .. T COUNCIL MEETING MINUTES NOVEMBER 12, 2002 TAPE READING Mayor Jennings ~ated that a question had arisen as to why this issue had not gone before the Planning COIJirnission and, based on a determination from the City Attorney that this is not a land use !patter, the issue went directly to the Council. City Attorney Shields clarified this issue in that the Council could either consider it as a land use matter or to consider it as not a land use matter. Legal staff advised the City Administrator and Council that it not be considered as a land use matter therefore it went directly to the Council. The Council could still send it to the Planning Commission however, it would be sent as an advisory matter and not a land use matter. Councilor Bjelland suggested that there be some flexibility in the ordinance that would allow for the replacement tree to be something other than the same species that was removed. He also requested that the references in the draft to a DBH (Diameter at Breast Height) be associated with a unit of measurement such as inches. Administrator Brown stated that the draft ordinance provides for the Community Development Director to work with the property owner in determining which tree species would be planted as a replacement. It was also noted that replacement trees will be a one to one replacement, however, the diameter of the new tree will be dependent upon the size of the tree that was removed. Since the issue was last discussed with the Council, he had received 3 telephone calls of which 2 callers were definitely against adopting any kind of an ordinance that went beyond current regulations and one caller was expressing concern regarding the principle of regulating what a person can do with their property. The Forester from PGE called last week and expressed concern about the topping provisions and staff will be providing him with a copy of the draft ordinance that will be part ofthe public hearing process so that he can go on record in a more formal manner. Since the Council would like fee calculations to be made prior to the hearing, he suggested that the hearing be held at the first meeting in December. 3182 LIOUOR LICENSE APPLICATION: WOODBURN SHOP-N-KART. 1542 Mt. Hood Avenue. FIGLEy/SIFUENTEZ.... approve an off-premise sales liquor license for Bobby Ellis and Charles Barton at Shop-N-Kart, 1542 Mt. Hood Avenue. The motion passed 5-1 with Councilor Nichols voting nay. 3217 LIOUOR LICENSE APPLICATION: SHARI'S RESTAURANT. 1543 Mt. Hood Avenue. FIGLEY/SIFUENTEZ... approve a limited on-premise sales liquor license for Shari's Management Cotporation and Toni Willis at Shari's of Woodburn, 1543 Mt. Hood Avenue. The motion passed 5-1 with Councilor Nichols voting nay. Page 5 - Council Meeting Minutes, November 12,2002 T COUNCIL MEETING MINUTES NOVEMBER 12, 2002 TAPE READING 3265 CONTRACT A ARD: SANITARY SEWER REHABILITATION OF ALLEY WEST OF FRO T STREET. FIGLEYINICH LS... award the contract for sanitary sewer rehab for the alley west of Front Street to th~ lowest responsible bidder, Emery & Sons Construction, Inc., in the amount of $52,600.00. Mayor Jennings questioned if the alley would be resurfaced once the sanitary sewer work is completed. Director Tiwari stated that the resurfacing project will be a different project involving a local improvement district. The motion to award the contract passed unanimously. 3376 CONTRACT AWARD: WOODBURN SKATE PARK. Bids were received from the following contractors: Select Contracting Inc, $177,389.00; CORP, Inc., $199,500.00; Sheets Construction, $200,169.00; First Cascade Corp, $246,804.00; A.C.S., Inc., $255,553.00; Milroy Golf Systems, $264,454.00; Emery & Sons, $270,000.00; and Axis Curb Co., $289,200.00. Staff recommended the acceptance of the low bid which was below the initial funding projections. FIGLEY/MCCALLUM... award the contract for Woodburn Skate Park to Select Contracting Inc., in the amount of$177,389.00. The motion passed unanimously. 3384 POSITION ALLOCATION - TEEN SCENE COORDINATOR. FIGLEY/SIFUENTEZ... allocate a Recreation Coordinator I position as a project appointment funded through the Woodburn Together OJJDP Drug Free Communities grant. Mayor Jennings stated that this position is designated as a project employee and all salary and benefit costs will be paid for through the grant. Councilor McCallum stated that he is the President of Wood bum Together and, for the record, Woodburn Together does not benefit financially nor does any of the officers or membership from this grant. He reiterated that the grant is a yearly renewable grant for up to 5 years provided that the project goals and objectives are met. Administrator Brown stated that this issue will be detailed out to applicants interviewed for the position and would also be included as a provision in the conditional offer of employment. The motion to allocate the position passed unanimously. 3699 POSITION V A~ANCIES AND TERM EXPIRATION ON BOARDS AND COMMISSION~. Mayor Jennings reported that there are two positions on the Budget Committee with a term expiration qate of December 31, 2002; one vacancy on the Planning Commission with the election of Jim Cox to the Council with a term expiration of December 31, 2003, Page 6 - Council Meeting Minutes, November 12,2002 T COUNCIL MEETING MINUTES NOVEMBER 12, 2002 TAPE READING and two position& on the Commission with a term expiration date of December 31, 2002; three positions on the Recreation & Park Board with a term expiration date of December 31, 2002; and two positions on the Library Board with a term expiration date of December 31, 2002. Mayor-elect Figltty stated that she would like to encourage interested citizens to complete a cover letter and application form and submit it to her for consideration. She stated that some of the curr~nt members have indicated that they would like to be re-appointed, however, there aI1e still several openings that need to be filled. Applications are available through the City Administrator's office at City Hall. 3922 PUBLIC HEAR[ING: CONTINUATION OF HEARING ON SUBDIVISION APPLICATIO~ NO. 02-03: WOODBURN CREST ESTATES MOBILE HOME PARK. Mayor Jennings opened the continued public hearing at 8:03 p.m. and stated that the Council is being asked to once again continue the hearing until November 25,2002 so that the attorneys can work on an agreement. FIGLEYIMCCALLUM... continue the public hearing for Subdivision 02-03 to the November 25, 2002 City Council meeting. The motion passed unanimously. 4009 NEW BUSINESS. A) Constituent Request: Councilor Figley stated it had come to her attention this summer that some constituents had an interest in honoring Mayor Jennings in a way that was quite tangible and appropriate. In particular, her constituents had discussed the possibility of naming the new Skate Park after Mayor Jennings. She had staff research the issue of naming a facility after a living person, and as a result, found that there were no restrictions. Evan Thomas, President of the Skate Park Committee, read into the record a letter of appreciation to individuals and organizations that worked towards making the project a reality. In the letter, he also expressed the Skate Park Committee's support for naming the Skate Park after Mayor Jennings. Also in attendance at the meeting lending his support for the naming of the facility was Skate Park Committee Secretary Fred Muroviov. Councilor Figley suggested that naming the park after Mayor Jennings is tangible token of appreciation t~at has a great deal of meaning to the Mayor. FIGLEYINICHOLS... Skate Park be named as the Richard Jennings Skate Park. The motion passed UI1lanimously. 4421 PLANNING CQMMISSION / ADMINISTRATIVE LAND USE ACTIONS. A) Partition #02-01: Director Mulder's administrative approval to divide a residential property into two lots (property located at 1820 E. Hardcastle Ave). Page 7 - Council Meeting Minutes, November 12,2002 l' COUNCIL MEETING MINUTES NOVEMBER 12, 2002 TAPE READING B) Residential Ajrchitectural Standard Substitution #02-01: Director Mulder's administrative approval to allow three alternate architectural elements to substitute for two required arcqitectural standards (1222 Roy Avenue). Mayor Jennings questioned ifthe partition involves the same property that had been before the Council previously and the request at that time had been denied by the Council. Since the Director was not present at the meeting to answer questions on this issue, he requested that this action be called up by the Council for review. FIGLEY/SIFUElNTEZ... Partition #02-01 be reviewed by the Council. City Attorney Shields stated that Council action to bring the matter up for review will hold the administrative action in abeyance until a final decision is made. The motion passed unanimously. 4663 MAYOR AND COUNCIL REPORTS. Councilor Chadwick stated that her opponent, Jim Cox, did win the election for Councilor in Ward IV and she has found that her 8 years on the Council, in addition to the serving on the Library Board, Budget Committee, and RSVP Council, has been a fulfilling experience for her in taking part in the City government. She plans to continue to stay active in W oodbum City government and looks forward to the future. Councilor Sifuentez stated that she had attended the League of Oregon Cities Conference and the biggest issue under discussion related to the Public Employees Retirement System (PERS) and pending legal actions to protect local governments. The League is also planning on bringing before the legislature a bill to give cities more time to review liquor license applications and to allow cities to recommend the granting or denial of licenses. President Bush had also sent a representative to the conference who listened to the issues affecting Oregon and he solicited ideas from the attendees that could be taken to the President. Overall, she felt that the conference was very educational. She also reminded the public that the Mayor's Roast will be held on Friday, November 15th, at St. Luke's Rubis Hall. Tickets can be purchased in advanced at the City Administrator's Office or they can be purchased at the door. Proceeds from this event will benefit a local charity. Councilor Bjelland questioned the status of the Hermanson Park Wetland Mitigation Project. Asst. City Engineer David Torgeson stated that he had spoken recently to Paul Sedorak on this issue and, due to delays from other agencies having jurisdiction over this project, the work will not commence until next summer when the ground dries out to where there is minimal damage to the soil. Page 8 - Council Meeting Minutes, November 12,2002 I , T COUNCIL MEETING MINUTES NOVEMBER 12, 2002 TAPE READING Councilor BjellaJ1.d stated that he was under the impression that they were delaying the project until the wet season began so that anything planted would be established but now they are looking ctt the summer months when plants need more water to survive. Councilor BjelIand stated that at the last MW ACT meeting, there was some minimal discussion on the sidewalk project along Highway 214 near the high school. Administrator Brown stated that it has been about 6 weeks since staff discussed this issue with ODOT staff and it was the City's desire to get approved plans back from ODOT so that the project could be put out for bid. The last bid on this project was considerably higher than the estimate. It had been agreed that the City would continue to work on the design and the two bids would be rolled together in the hope of getting a lower bid. Staff is also attempting to obtain a funding agreement with ODOT to lock in contributions from all parties. ODOT project funds involve the availability of funds in the Preservation Project which will extend to Mt. Angel. It was noted that there has not been a final commitment from the School District to contribute to the sidewalk project and it is unknown as to whether or not any funds are available in their capital budget. Asst. City Engineer Torgeson stated that he learned today that ODOT now believes that they do not have sufficient funds available for the entire Preservation Project. At this time, they are looking at starting the project in Mt. Angel and going west to Woodburn. Therefore, there may not be funds for the sidewalk project. Administrator Brown stated that, as of today, the City does not have sufficient funds to make up the difference not paid by the State when in fact the State should be paying for a much larger share of the costs since it is an improvement being built on the State Highway system. Councilor Bjelland stated that he would like to look into this issue further since Woodburn deserves to get its reasonable share of funding. Mayor Jennings stated that he would be pursuing this issue with local state representatives if funds do not become available since it was told to the Woodburn citizens that this sidewalk project would be completed and the City cannot pick up the entire project cost. 6526 Councilor McCallum thanked Councilor Bjelland for his work on these transportation issues. He also congratulated the Woodburn Fire District on their successful bond election even though there are approximately 400 ballots yet to be counted once signatures are verified. He also congratulated the Woodburn High School Soccer team for their victory Qver Jesuit High School last week. Woodburn did lose in their quarter- final game, however, what they accomplished was fantastic and they deserve recognition. Councilor Figley thanked the voters who elected her as Mayor and she congratulated Councilor McCallum, Jim Cox, and Anthony Veliz. She also thanked Councilor Page 9 - Council Meeting Minutes, November 12,2002 T COUNCIL MEETING MINUTES NOVEMBER 12, 2002 TAPE READING Chadwick for her eight years of hard-working service to the community. She stated that she had attended a portion of the League of Oregon Cities conference and she had found that the networking opportunities were very interesting and productive. She has made tentative plans with Mayors from surrounding communities to meet and discuss issues that affect all of them. Tape 2 She reported that she and Administrator Brown had attended an informational presentation put on by the City of Portland regarding their proposed buyout of Portland General Electric. She will be attending a follow-up session at Portland State University next Tuesday where representatives from different public/private utilities will be speaking about the options available. Councilor McCallum reminded the Council that at the Chamber Forum next week the guest speaker will be Fred Miller from Portland General Electric. Councilor Nichols congratulated the new Mayor and Councilors elected into office. He also distributed a flyer inviting the public to attend a Shakespeare Program put on by the Horne Schoolers. The program will be held on November 16th at 1 :00 pm and 4:00 pm with ticket prices being $4.00. This program will be held at the Church of the Nazarene. Mayor Jennings complimented the Public Works Director for the flying of the flag at the Public Works Annex which shows respect and our support to our country. He also stated that he was disappointed that the Community Center levy did not receive voter approval but was thankful that the Fire District levy passed. He felt very honored that the Skate Park has been named after him. The groundbreaking will be held on November 23rd which also happens to be his birthday. Lastly, he thanked Councilor Chadwick for all of the time she has given as a Councilor and in representing the residents within her Ward. 0397 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)( e) and ORS 192.660(1 )(f). FIGLEYINICHOLS.... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 8:40 p.m. and reconvened at 8:54 p.m.. Page 10 - Council Meeting Minutes, November 12,2002 I , T COUNCIL MEETING MINUTES NOVEMBER 12, 2002 TAPE READING 0416 Mayor Jennings Sltated that no decisions were made in executive session. FIGLEYIMCCALLUM... authorize the City Administrator to execute a property donation agreement with Hazel M. Smith, Trustee of the Hazel M. Smith Revocable Living Trust, on a portion of parcel called tax lot 4100 located in the 300 block of South Settlemier Street. The motion passed unanimously. 0465 ADJOURNMEl'1lT. FIGLEY/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:55 p.m.. APPROVED ATTEST ~~ ~ Mary Te t, Recorder City of Woodburn, Oregon Page 11 - Council Meeting Minutes, November 12,2002 T