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Minutes - 11/25/2002 COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 25, 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, Finance Director Gillespie, Asst. City Engineer Torgeson, City Recorder Tennant Mayor Jennings stated that, since this was his last meeting in which he will be presiding as Mayor, he would be changing the order of the agenda. 0060 PUBLIC HEARING: CONTINUATION OF HEARING ON SUBDIVISION APPLICATION NO. 02-03 (WOODBURN CREST ESTATES MOBILE HOME PARK). Mayor Jennings declared the continuation of the public hearing open at 7:04 p.m.. Recorder Tennant read the land use statement required under ORS Chapter 197. For the record, Mayor Jennings stated that he is not related to, nor ever met, the applicant, Jerry Jennings. Director Mulder stated that this is a proposal to convert the existing Woodburn Crest Estates Mobile Home Park into a 45-10t subdivision. The property is located at the southeast comer of June Way and Highway 211 and is zoned in a multi-family residential district. He stated that the Oregon 2001 Legislature had adopted a new statute (ORS 92.830 to 92.845) that would generally require the City to approve any application to subdivide a mobile home park, notwithstanding local subdivision regulations, which were adopted under the previously existing state law. This new law limits the City's discretion and, in this case, infrastructure concerns needed to be addressed which is why the staff has negotiated a proposed Subdivision Conversion Implementation Agreement with the applicant. The Planning Commission did hold a public hearing on this issue and the Commission did recommend a denial of the application. However, the applicant, city staff, and respective legal counsels did enter into discussions on how the application Page 1 - Council Meeting Minutes, November 25, 2002 " ..... lft t COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READING could be approved. This was based on a desire of the applicant to address the practical considerations that staff had raised throughout the process and on a perception that a maj ority of the Planning Commission appeared to be in favor of allowing the conversion to go ahead if these practical considerations and technical issues could be addressed. The practical considerations primarily relate to the disposition of the infrastructure system within the existing mobile home park and it relates to the number of lots that would be allowed in an approval. The Planning Commission had previously approved a 40-10t mobile home park and this proposal is for a 45-lot subdivision. The proposed agreement would allow for 43-lots in order to compensate the applicant for upgrading the infrastructure within the mobile home park to meet city standards. The applicant has agreed to the proposal which would bind them to compliance of certain conditions and complete various improvements. City staff feels that this proposed agreement adequately addresses staffs concerns regarding the conversion to a subdivision and, with this agreement, staff believes that the City Council is now in a position to approve the application under the new State statute if they so desired. Councilor Bjelland questioned if staff new how many other conversions have taken place since this statute has been in effect. Director Mulder stated that he is aware of one in Donald and one in Salem. Councilor McCallum questioned if all aspects of this project are now standard for a subdivision. Director Mulder stated that the applicant has agreed that, before the City will approve a final plat which can be recorded and creates the lots, the provisions of the agreement must be met. Councilor McCallum questioned if the Planning Commission had taken another formal vote following the original denial. Director Mulder stated that Commission minutes reflect that a majority of the Commission expressed a desire to allow the conversion if staff's concerns and the legal issues could be addressed. No formal action was made by the Commission to change the original decision from a denial. Councilor McCallum also questioned if the proposed agreement is adopted, would it bind the Council in the future to allow future conversions provided that standards are met. City Attorney Shields stated that each case will be looked at individually but one case may have some relevance to future cases. He stated that provisions within this statute do not include certain subdivision law that would normally be applicable and an implementation agreement seemed to be the best method of making this proposal workable. Future cases may have some similarity to this case but each application still needs to be looked at separately. Administrator Brown indicated that staff would like to have future requests be treated similarly, however, it may not be possible in all cases. This particular case has given the City a little more latitude in negotiating some of the improvements than what the City Page 2 - Council Meeting Minutes, November 25, 2002 ..-..._"'0_____0.. , .... . t r COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READING may be looking at in some ofthe older more established mobile home parks in the City. Councilor Bjelland stated that it appears that the City is accepting responsibility to maintain the water system and the sanitary sewer system whereas the streets would remain as private streets and the homeowners association would be responsible for their maintenance. Councilor Figley stated that she was pleased to see that the developers were asked to submit a copy of the Homeowner's Association agreement and the CC&R's. She also hoped that the documents were clear on the face of them to the homeowners that they are responsible for some of the infrastructure and, if it does not meet city standards, the City will not responsible for making improvements that will bring the infrastructure up to City standards. Councilor McCallum questioned ifthere has been a cost to the City on this application other than staff time. Administrator Brown stated that the only cost to the City as of this date has been staff time and staff has tried to engineer this proposal in a way to not incur a cost to the City and to try and minimize the cost to the homeowners. 1078 John Hinkstaff, attorney with Ramis, Crew, Corrigan, & Bachrach representing applicant Jerry Jennings, reiterated that this proposal is a conversion of a mobile home park to a subdivision, therefore, the infrastructure approved by the City previously worked well for a mobile home park but does not necessarily work well for a subdivision. His firm has negotiated with City staff the conversion agreement and the tenants were very appreciative of the opportunity to become homeowners. He felt that there was assurance that the public standards would be met for the water and sewer, and the street would remain as a privately maintained road. Therefore, they believe the concerns of the Planning Commission and staff have been met. They appreciated the cooperation of staff and requested the Council to follow the recommendation of staff in approving this proposed agreement. Councilor Bjelland questioned how many lots were currently occupied within the subject property. It was noted that there are 12 lots currently occupied. 1306 No other comments were received from the audience on this proposal. Mayor Jennings declared the public hearing closed at 7:23 p.m.. Councilor Nichols stated that he is satisfied with the proposal since the applicant has agreed to the provisions asked for by the staff. Councilor Figley stated that the City is tied to statutory requirements and this subdivision will have sub-standard infrastructure since it was originally designed as a mobile home park. However, the public will not have to pay for the infrastructure improvements required as a part of this agreement. Page 3 - Council Meeting Minutes, November 25, 2002 .._"T'_._".____.,._';,..."_~.._.._........,. ,.,. ~._~ .. t T COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READING Councilor McCallum expressed concerns for the future especially since Homeowner's Association and CC&R's are not always followed. He appreciated the staffs work on this project and in helping the developer and owners ofthis park. Councilor Bjelland stated that there have been problems with mobile home parks when in a rental situation which is why the state may have responded in the way that is outlined in the statute. He felt that the negotiated agreement is probably making the best out of the situation and it is probably in the best interest of the residents where they have an opportunity to own their lot as opposed to being potentially faced with increasing fees for space rental. Councilor Sifuentez agreed with the comments made by Councilor Figley and felt that staff did a good job in developing a resolution to this matter. Councilor Chadwick agreed with Councilor Bjelland in that people who own their home will more likely take better care of their property thereby raising the standards. Mayor Jennings stated that the City is required to follow state law requirements, however, the negotiated agreement will establish a set of standards that other developers requesting conversion will also have to meet in the future. Administrator Brown stated that it may be appropriate for the City to discuss this issue with city officials from other areas to see if they are willing to approach our legislative delegations to ask them to take another look at this statute since it is difficult to implement. SIFUENTEZIBJELLAND... staff prepare the ordinance for Council review in support of the application. On roll call vote, the motion passed unanimously. 1741 CHAMBER OF COMMERCE REPORT. Cindy Vetter, representing the Chamber Board, stated that the Crystal Apple A wards was a successful event last Friday and 10 awards were given to local educators. Upcoming events include Business After Hours on December 12th at the Chamber Office, and the Chamber Forum will be held at the Settlemier House on December 18th at 12:00 noon. The Chamber is also looking forward to the tree lighting program at the downtown plaza on December 6th, and there was a great tree lighting program at Woodburn Company Stores yesterday. 1846 WOODBURN DOWNTOWN ASSOCIATION REPORT. Bruce Thomas, representing the Downtown Association, stated that organization members are putting the lights on the trees along Front Street and it should be done later this week. On December 6t\ the lighting ofthe tree will be held at Warzynski Plaza. He also reported that the WDA, Chamber, and Chemeketa Community College are working together on a class called "Cross Cultural Marketing". This class will be held on December 5th at the Computer Center near the Chamber office and it is free for members of businesses interested in increasing their business by diversifying their marketing. Page 4 - Council Meeting Minutes, November 25, 2002 ~ .. - _t T COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READING 2036 ANNOUNCEMf:NTS. A) Public Hearing regarding the Tree Protection and Preservation Ordinance was scheduled for December 9th, however, the Mayor stated that it was his understanding that the Council would like to change hearing that to a later date. NICHOLS/SIFUENTEZ... public hearing be postponed until the second meeting in January 2003. All aye. B) Public Hearing to consider a Comprehensive Plan Map Amendment #01-03 and Zone Change #01-07 will be held on December 9, 2002 at 7:00 p.m.. C) Thanksgiving Holiday Closures: City Hall and the Library will be closed on November 28 and 29, 2002. The Aquatic Center will be closed on November 28, 2002. D) Holiday Tree Lighting Ceremony, December 6, 2002: A pinata party will begin at 6:00 pm at St. Luke's Rubis Hall to be followed by a Posada to Warzynski Plaza for the tree lighting ceremony at 7:00 p.m.. Following the tree lighting, the Downtown Association will be hosing a hot chocolate reception at Lupita's. Councilor Sifuentez urged the public to attend this event. E) Christmas Festival of Music: The Mayor stated that this "free" concert will be held on December 16th and December 18th, 7:00 pm to 9:00 pm, at the High School Lectorium. 2241 Preston Tack, 2197 Camelia Way, had attended the Mayor's Roast on November 15th and he suggested that a repeat performance be held by the comedy team of Russell and Shields. 2364 Nancy Kirksey, 1049 McKinley, stated that she had made a promise on Veteran's Day at Belle Passi Cemetery that she would write a letter to the Editor of the local newspaper encouraging citizens to sign a petition that would keep Veteran's Day separate from Election Day. She supports the beliefs of the Benevolent Order of Elks and the Veterans groups that combining the Day, even though it would occur only once every four years, would diminish the sacrifice that the Veteran's have made for the protection of our freedom. She read the resolution drafted by the Elks which will be published in the local newspaper and she encouraged everyone to go on the web site and ask that House Bill 62 be defeated. Mayor Jennings stated that he had a copy of the resolution and he is offended that anyone would want to demean the practice that this country has had in place since 1918. He asked that the Council give some consideration between now and the next meeting as to whether or not the Council is willing act on that resolution and forward a copy of it to our congressional delegation. 2804 TRUST DEED - CIPRIANO FERREL EDUCATION CENTER PROJECT. Administrator Brown stated that the City's involvement in this project has been to seek and obtain a $600,000 Community Development Block Grant on behalf of the Page 5 - Council Meeting Minutes, November 25, 2002 ------ 1 -.... If .. '" COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READING Farmworker Housing Development Corporation (FHDC). The total project cost is estimated at $1.2 million. The Council had previously authorized the execution of an agreement with FHDC that addressed the relationship that the City would have with FHDC during the construction period and during the next five years under which the grant provisions would apply to the City. In order for the project to move forward, it is necessary to have a Trust Deed executed which would take security from that property that will be built upon and puts in the City's name for the period of five years. Once the Trust Deed is adopted, then the next step would be to let the bid award for the construction work. There were a number of issues that needed to be worked through before the Trust Deed could be brought before the Council for consideration. He reviewed his staff report which listed a number of steps that staff has taken to ensure that the City's liability and risks have been minimized. It was also noted that the architect has been asked to sign a partial waiver of construction lien agreement to insure that there are no further outstanding encumbrances arising from unpaid work through November 20, 2002 which is the date all of the Trust Deed documentation was put together. He stated that there is still an outstanding encumbrance of $87,500 in favor of the State of Oregon, with the City taking second position, and there are a couple of pieces ofFHDC property that will be sold with the proceeds going to eliminating that encumbrance. There will be another $20,000 encumbrance that will be maintained most likely throughout the life of this five year agreement. The City's main concern relates to cost overruns that may be incurred with this type of project and staff proposes through diligent construction management to make sure that there are no changes to the construction costs unless the very strict application of change order procedures is followed. He stated that the goal has been to make sure that there is not money owed that the City would then be responsible for to a creditor. Staff is recommending that the Trust Deed be approved by the Council since the benefit of this facility in our community outweighs the risk and staff will do what they can to further minimize any risk to the City. If approved, the Trust Deed will be recorded and there will be escrow instructions that will be prepared and forwarded to a Title Company in order to obtain title insurance in the amount of $600,000. Mayor stated that, as a member of the fundraising committee, this has been a very difficult and lengthy process and he feels that there needs to be a certain amount of trust between the City and FHDC. He reminded the public that there are no tax dollars going into this particular project rather funds from a multitude of private donors and the grant will be paying for this facility. FIGLEY/SIFUENTEZ... accept the conveyance of the attached trust deed to secure the Cipriano Ferrel Education Center property. Councilor Figley stated that this is a project that would be beneficial to the community and, with her experience in the title insurance field, there are times in which the end result is a default. In this case, she does not feel that default is an issue. Her concern is that the project adhere to typical customary standards as to the progress of the project versus Page 6 - Council Meeting Minutes, November 25, 2002 T I T COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READING project disbursements. She feels that the controls developed by staff will give the City every remedy that may be needed in a worse case scenario even though she does not feel that it will be ne~ssary in this case. The vote on the motion passed unanimously. 3641 CONTRACT AWARD: CIPRIANO FERREL EDUCATION CENTER PROJECT. Bids for the Center were received from the following contractors: Centrex Construction, $975,000.00; R.B. & G. Construction, $1,045,500.00; Pro-Tek Construction, $1,062,740.00; Silco Construction, $1,070,000.00; First Cascade Corporation, $1,079,800.00; 2KG Construction, $1,079,890.00; Cedar Mill Construction, $1,089,000.00; Precision Construction, $1,098,290.00; Team Construction (N/R), $1,119,700.00; J.E. Inc, $1,148,845.00; Corp, Inc., $1,170,000.00; Nomarco Construction, $1,173,000.00; Cisneros Construction, $1,183,823.00; Sheets Construction, $1,186,800.00; and Woodburn Construction, $1,197,000.00. FIGLEY/SIFUENTEZ... award the contract for Cipriano Ferrel Education Center to the lowest responsible bidder, Centrex Construction Inc., in the amount of$991,315.00 which amount includes the base bid of $975,000 plus bid alternates #1 and #2. The motion passed unanimously. 3690 LAND USE PARTITION #02-01 (1820 E. Hardcastle): City Council Options. Administrator Brown stated that this was a simple lot partition in which the project met the established guidelines. This parcel had been before the Council in the past, however, it had involved a zone change plus a number of other issues that did not receive Council approval. In this case, the partition allows for the separation of a house from the rest of the lot. FIGLEY/MCCALLUM... rescind the Council motion to bring this issue up for public hearing. The motion passed unanimously. 3794 Mayor Jennings proceeded to give Chief Russell a roll of Police Dept. security tape that he had acquired from years past. He gave Public Works Director Tiwari an orange cone that had been used by the Park & Recreation Department. Lastly, he gave Mayor-elect Figley a number of items that he had uncovered in his office that he felt might come in useful during her tenure. 4269 CONSENT AGENDA. A) approve the regular and executive session Council minutes of November 12,2002; B) accept the Library Board minutes of November 13,2002; C) accept the Planning Commission minutes of October 24, 2002; D) approve the claims for October 2002; E) receive the Water Treatment Project Update report; and Page 7 - Council Meeting Minutes, November 25, 2002 I r 9 T COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READING F) receive the status update on the November 5, 2002 General Election. FIGLEYINICHOLS... consent agenda be adopted as presented. The motion passed unanimously. 4314 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Site Plan Review #02-06 and Variance #02-03: Property located at 395 Shenandoah. B) Planning Commission's denial of Variance #02-04: Wells Fargo wall signs at 1530 N Pacific Highway. No action was taken by the Council on these issues. 4340 CITY ADMINI~TRATOR'S REPORT. Administrator Brown stated that there was a sewage spill across Highway 214 near the High School early this morning. Public Works staff responded very quickly to this incident and it was found that a temporary pipe separated at the pump station construction site. The sewage spill involved approximately 20,000 to 25,000 gallons of which it is estimated that 5,000 gallons made its way into Mill Creek. Staff had contacted the Department of Environmental Quality and City crews had a majority of spill cleaned up by 5: 00 am this morning. The staff feels confident that they have taken care of any health concerns regarding the spill and signs have been posted both upstream and downstream warning people not to be in the creek due to the spill. 4645 MAYOR AND COUNCIL REPORTS. Councilor Nichols questioned the status of the Mill Creek sewage lift station project. Director Tiwari stated that the project should be done before December 25,2002. Councilor Nichols also expressed his appreciation to the community who attended the Home Schooler's Shakespeare Play and stated that the performers did an excellent job. Councilor Figley thanked the Mayor for his gifts and for his years of dedicated service to the City. Councilor McCallum stated that he had enjoyed the program honoring the Mayor on November 15th and he has appreciated the Mayor's assistance and encouragement. He congratulated the Police Department in their immediate response to a car prowler call in his neighborhood and he reminded the public that homeowners need to lock their vehicle doors when they have them parked in their driveway to protect any valuables in the car and potential vehicle theft. He also reminded the public that solicitor's are required to have a City license and residents are encouraged to call the Police Department to report any solicitor who does not have a license. Councilor Bjelland stated that he has also enjoyed his time in working with the Mayor and with Councilor Chadwick, and will welcome their continued participation in city various activities. Page 8 - Council Meeting Minutes, November 25, 2002 i . T COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READING Councilor Sifuentez thanked all of those who participated in the Mayor's party and the Woodburn Independent for their publicity. Approximately $250 will be donated to St. Vincent's de Paul local charity and $250 will be donated to the St. Luke's Correctional Ministry. She stated that she will miss working with the Mayor and Councilor Chadwick on City issues. Councilor Chadwick stated that she had also enjoyed the party and she congratulated Councilor Sifuentez in organizing the party. Mayor Jennings questioned when the E. Hardcastle sidewalks would be completed. Director Tiwari stated that the sidewalk would have been finished earlier, however, the City has asked the contractor to place the blocks at a slightly different location plus there are a couple of improvements that will be made based on requests of the property owners. On the north side of the road, a couple of sidewalk areas have not been completed since it involves the Postal Department and staff felt that it was best to wait until a final decision was made on the mailbox issue. Councilor Figley stated that the actual surface of the street near the east end does not seem to be as smooth as what she would expect for a new street. Director Tiwari stated that he would have the roadway checked by his staff. 5545 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn into executive session under the authority ofORS 192.660 (l)(e), ORS 192.660 (1)(h), and ORS 192.660 (l)(f). BJELLAND/SIFUENTEZ.... adjourn to executive session under the statutory authority listed by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 8: 17 p.m. and reconvened the meeting at 8:56 p.rn.. 5570 Mayor Jennings stated that no decisions were made in executive session. The Mayor suggested that the Council consider putting the existing Community Center on the market as surplus property, along with other property that the City should dispose of, rather than putting capital funds into the building. The Meals Program does use the facility regularly, however, providing them advance notice of the City's intention to put the property on the market will give them time to find a different meal site location. Sale proceeds could then be placed in an account for a new Center or wherever the Council would like to place the money for future use. Administrator Brown stated that the financing plan for a new Center did identify the sale proceeds from that facility to be put back into a new Center. He stated that he would like to make some contact with the Senior Nutrition Program management and give them a few months to think about what they would like to do when the City would come to them Page 9 - Council Meeting Minutes, November 25, 2002 T t r ~ r COUNCIL MEETING MINUTES NOVEMBER 25, 2002 TAPE READING and give them the right of first refusal to purchase the building. Councilor McCallum requested that staff provide a list of surplus property. Administrator Brown stated that a list was developed last February which included the Community Center, community gardens on Park Avenue, a lot on Gatch Street, and the old Wastewater Treatment plant. There are some easements and right-of-ways that are also surplus but not large enough to sell as a parcel. Staff had also looked at under utilized and unused facilities located on Young Street and the Association Building. 6187 ADJOURNMENT. NICHOLS/SIFUENTEZ.... meeting be adjourned. The mo!ion passed unanimously. " '-" The meeting adjourned at 9:03 p.m.. ATTEST /1':::11:; ~ Mary Term , Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, November 25, 2002 j T r