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Minutes - 12/09/2002 COUNCIL MEETING MINUTES DECEMBER 9, 2002 TAPE READING 0001 DATE. COUNC~L CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARlON, STATE OF OREGON, DECEMBER 9,2002. 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 Absent Present Present Present Present Present Staff Present: City Administrator Brown, Asst. City Attorney Won, Public Works Director Tiwari, Public Works Manager Rohman, Community Development Director Mulder, Police Chief Russell, Finance Director Gillespie, Library Director Sprauer, City Recorder Tennant 0049 ANNOUNCEMENTS. A) Holiday Closures: City offices and the Library will close at noon on Tuesday, December 24t\ and will reopen on Thursday December 26th. The Aquatic Center will be closed on December 24th and December 25th. For the New Year's holiday, City offices, the Library, and the Aquatic Center will be closed on January 1, 2003. B) Winter Recital/Dance: The Dance, Dance, Dance winter recital will be held on December 14th at Woodburn High School with performances at 1 :00 pm and 3:00 pm.. C) Festival of Music: This annual event will be held on December 16th and 18th at Woodburn High School from 7:00 pm to 9:00 pm. He encouraged the public to attend this free concert. Mayor Jennings also urged the public to drive down Front Street to see the lighted trees. In his opinion, this project has made such a change in this one area and the Woodburn Downtown Association needs to be complimented for getting this project completed. A celebration is being planned for in January but he wanted the public to know that the lights are on and they are just outstanding. APPOINTMENifS. A) Youth CounQil: Mayor Jennings stated that he and Mayor-elect Figley have both reviewed the recommendations to the Youth Council. Under the Teen Scene Program grant, the Youth Council will assist in developing activities, rules, and policies. Page 1 - Council Meeting Minutes, December 9, 2002 I !' r I COUNCIL MEETING MINUTES DECEMBER 9, 2002 TAPE READING The Mayor appointed the following Woodburn High School students to serve on the Council: GivorgyKraskoff, Ryan Kliewer, Christie Cotter, Nargis Rabimova, Laura Pena, David Georgieff, and Margie Felix. Their appointments begin immediately and will expire on September 30,2003. NICHOLS/SIFUENTEZ... approve the appointments to the Youth Council. Mayor Jennings thanked Randy Westrick and Brian Sjothun for their work in interviewing and developing a list of recommended appointees. The motion passed unanimously. 0218 OATH OF OFFICE. The oath of office was recited by Peter McCallum - Councilor Ward III, James Cox - Councilor Ward N, Anthony Veliz - Councilor Ward V, and Kathy Figley - Mayor. Mayor Figley and the new Councilors took their seat at the bench. The Mayor stated that, as her first official act, she wanted to thank out-going Mayor Richard Jennings for everything he has done as a Mayor in addition to being a friend and mentor. She also thanked Mary Chadwick for her service to the City over the last eight years and she presented her with a gift to show the City's appreciation. Mayor Figley also thanked those individuals who have taken a part in her taking the office of Mayor which includes not only the voters but friends, supporters, and constructive critics that she has dealt with over the years. Like the Mayors in the past, she holds the belief that Woodburn is a good place to live and it can be an even better place to live and a better place to be. Her commitment to the public is to play her part in making Woodburn a better place to be. 0668 ELECTION OF COUNCIL PRESIDENT. Election ballots were distributed to the Councilors and the Mayor requested that each Councilor mark one individual to serve as Council President. Recorder Tennant collected the ballots and provided the results to the Mayor. Mayor Figley announced that Councilor Sifuentez was elected as Council President. 0774 PRESENTATIONS. A) Introduction of new Facilities and Aquatics Manager: The City's new Facilities & Aquatics Manager, Steve Newport, stated that he has just moved out from Denver, Colorado which is where he has lived for approximately 5 years and, prior to that, he lived in the Kansas City area for about 20 years. He stated that he is glad to be in Woodburn and is excited about starting his new job. Director Westrick stated that he is also glad to have him working for the City. His responsibilities will be managing the operations of the Aquatic Center and the Community Center. Page 2 - Council Meeting Minutes, December 9, 2002 ,. "'t' '!f ~ l' II COUNCIL MEETING MINUTES DECEMBER 9, 2002 TAPE READING B) Livability Task Force Property Pride Award: Nancy Kirksey pr~sented the Property Pride Award to Woodburn Company Stores for helping to make Woodburn a community of unity and pride in making it a better place to live. A representative of Craig Realty Group and Woodburn Company Stores thanked the Task Force for this recognition award. 0991 CHAMBER OF COMMERCE REPORT. Patrick Vance, representing the Chamber of Commerce Board, stated that upcoming Chamber events are as follows: 1) Business After Hours Christmas Open House will be held on December 12th at the Chamber Visitor's Center from 12:00 noon until 7:00 p.m.. Visitors are encouraged to bring a Christmas tree ornament which can be added to the Chamber's tree. 2) Chamber Forum Lunch is being sponsored by Les Schwab Tire on December 18th at the Settlemier House. Reservations can be made by contacting the Chamber office. He also provided a follow-up report on the Crystal Apple Awards which was sponsored by the Chamber in an effort to recognize and honor educators and staff members in the Woodburn School District. There were 10 individuals who received a trophy which was a Waterford crystal apple on a hardwood base with an engraved plaque. Those recognized were Brad Agenbroad, Jenny Crist, Kim Dennis, Kika Garcia, Becky Grubb, Walter Howell, Lynn King, Laura Lanka, Maggie Vasquez, and Pat Waters. The Chamber wants to assure the City that we are truly fortunate with the educational staff members that are in our community. 1208 WOODBURN DOWNTOWN ASSOCIATION REPORT. Bruce Thomas, representing WDA, stated that the lights are now up and they do look spectacular. There will be a celebration in January in which the public will be invited and they will be thanking all of the individuals who helped on this project at that time. 1298 LETTER FROM JAMES COX RESIGNING FROM PLANNING COMMISSION. Mayor Figley stated that Mr. Cox has resigned from the Planning Commission effective today and she thanked him for his service as a Commission member. LETTER FROM WOODBURN EAGLES LODGE #3284 -- CHRISTMAS FOOD DRIVE. Mayor Figley read the letter from the Eagles Lodge informing the public that they are collecting donations which will be forwarded to the Woodburn Food Bank. 1446 Nancy Kirksey gave thank-you gifts to former Mayor Jennings and former Councilor Chadwick. Page 3 - Council Meeting Minutes, December 9,2002 I 'If If l" II COUNCIL MEETING MINUTES DECEMBER 9, 2002 TAPE READING 1617 Richard Jennings, 595 Filbert S1., thanked Administrator Brown for keeping him on track as Mayor and expressed his opinion that the City is extremely fortunate in having him as our Administrator. He also thanked the Council for their support over the last several years. Lastly, he thanked the public for their support during his 22 years in office as either a Councilor or Mayor. 1885 CONSENT AG~NDA. A) approve the regular and executive session Council minutes of November 25, 2002; B) accept the Recreation and Park Board minutes of November 19,2002; C) accept the Livability Task Force minutes of September 17, 2002; D) receive the November 5,2002 General Election certified results; E) receive the report on the Aquatic Center Chemical Separation Building update; F) receive the Mill Creek Pump Station status report; G) receive the Building Activity report for November 2002; H) receive the Planning Project Tracking Sheet dated December 2,2002; and I) receive the report on the Tree and Poison Oak removal in Burlingham Park. NICHOLS/SIFUENTEZ... adopt the consent agenda as presented. The motion passed unanimously. 1950 PUBLIC HEARING: COMPREHENSIVE PLAN MAP AMENDMENT 01-03 AND ZONE CHANGE 01-07 (Applicant: Tim Doman). Mayor Figley declared the public hearing open at 7:32 p.m.. She stated that a request has been made to continue the public hearing to the January 13, 2003 Council meeting. MCCALLUM/NICHOLS... continue the public hearing on this matter to January 13, 2003 at 7:00 p.m.. The motion passed unanimously. At 7:34 p.m., Mayor Figley declared the hearing continued to January 13,2003. 2036 COUNCIL BILL 2424 - ORDINANCE APPROVING SUBDIVISION CASE NO. 02-03 KNOWN AS WOODBURN CREST ESTATES. Councilor Sifuentez introduced Council Bill 2424. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Cox stated that he would disqualify himself from voting on this issue since he was a member of the Planning Commission at the time this issue was originally rejected by the Commission. On roll call vote, the bill passed 4-0 with 1 disqualification. Mayor Figley declared Council Bill 2424 duly passed with the emergency clause. Page 4 - Council Meeting Minutes, December 9, 2002 .,...... l ~ . COUNCIL MEETING MINUTES DECEMBER 9, 2002 TAPE READING 2171 COUNCIL BILJr 2425 - ORDINANCE AMENDING ORD. 2109 TO EXTEND THE PORTLAND G,&NERAL ELECTRIC FRANCHISE UNTIL FEBRUARY 28. 2003. Council Bill 2425 was introduced by Councilor Sifuentez. 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 Figley declared the bill duly passed with the emergency clause. 2259 COUNCIL BILL 2426 - RESOLUTION ENTERING INTO AN AGREEMENT WITH THE CITY OF HUBBARD FOR USE OF THE CITY'S FIREARMS RANGE. Council Bill 2426 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2426 duly passed. 2324 COUNCIL BILL 2427 - RESOLUTION RE-EST ABLISHING THE COMPENSATION SCHEDULE FOR HOURLY AND SEASONAL EMPLOYEES. Councilor Sifuentez introduced Council Bill 2427. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2427 duly passed. 2376 COUNCIL BILL 2428 - RESOLUTION TO KEEP NOVEMBER 11TH AS VETERAN'S DAY. Councilor Sifuentez introduced Council Bill 2428. The bill was read by title only since there were no objections from the Council. Councilor Nichols thanked Nancy Kirksey for bringing this issue to the Council's attention. Mayor Figley stated that a bill was introduced in Congress to designate Veteran's Day as Election Day in Presidential Years. She stated that these are two very important days one of which is for honoring the men and women who have fought and, in many cases, died for our country, and a second day is for exercising your right to vote. These days have historically been kept separate and she feels that the days should continue to be kept separate. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2428 duly passed. 2514 2003 TOURISM AND ECONOMIC DEVELOPMENT GRANT AWARD. NICHOLS/SIFtJENTEZ... grant the 2003 Tourism and Economic Development Grant in the amount not-to-exceed $35,888 pending execution of a fee-for-services contract. Councilor Cox stated that he the railroad project has great potential and hopes that it will be back before the Council. Page 5 - Council Meeting Minutes, December 9,2002 1 ~ I 1; r I COUNCIL MEETING MINUTES DECEMBER 9, 2002 TAPE READING Mayor Figley stated that she is quite involved with the railroad project which is why she has not taken part in this grant proposal or presentation. Administrator Brown stated that it is anticipated that more grant funds will be available during this fiscal year even though this award covers most of the Chamber's request. The grant guidelines do allow for further consideration of grant proposals during the year for supplemental grants or additional allocations. The motion to award the grant to the Chamber of Commerce passed unanimously. 2680 SYSTEM DEV:E~LOPMENT CHARGE (SDC) DEFERRAL FOR CROWN TWO DEVELOPMENT. LLC (Ever~reen Retirement Community). NICHOLS/SIFUENTEZ.... approve the SDC Deferral for Crown Two Development, LLC, contingent upon the execution of a SDC loan contract, and authorize the City Administrator to execute the loan contract. Administrator Brown stated that fees for system development charges are normally paid prior to the time a building permit is issued. In this case, the Parks system development charge of approximately $198,000 was the calculated amount about a year ago but, due to some confusion as to whether it was commercial or residential property, the developer was initially told that the fee would be approximately $500. This error was corrected by the time the application went before the Planning Commission for approval but, at the time the developer obtained the building permit, the developer took exception to paying the higher charge and was given additional time to make the payment. To date, no payment has been made and this is the last opportunity for the City to collect the SDC. The development is now ready for occupancy but the permit is being held up until the SDC payment is made or other arrangements have been agreed to by the City and developer. The sum owing is quite large and the developer would like to have 6 months in which to pay the fee. The City has been working with the developer on this issue and if a loan contract is entered into, there would be an interest charge of 9%. The SDC is currently calculated at $216,716. He stated that the developer has entered into a number of leases and people have sold their homes in order to move into this retirement community. Some of these people are making do with other accommodations until they can get into this development. He stated that staffs motivation in trying to work out a deferral recommendation is to get these people into their new homes as quickly as possible. The loan contract is a promise to pay the fee at 9% interest for 6 months with the ability to carry the loan contract for another 6 months at 12% interest if they have paid at least 50% of their fees by June 2003. He reiterated that this is an unsecured loan but the City has the ability to place a lien on the property. It is unknown though as to whether or not the lien would be in a first position. Staff is looking at the financial position of the limited liability corporation to see ifthere are other assets that could secure this loan, and looking at the title report of the property to determine the encumbrance on this project to see ifthere is enough security for the SDC fee. He Page 6 - Council Meeting Minutes, December 9,2002 I ~ I '11''''- , ~ ,. COUNCIL MEETING MINUTES DECEMBER 9, 2002 TAPE READING requested guidanoe from the Council in the event the City could not have the first position whether it be to hold off issuing the occupancy permit until the fee is paid or to issue the permit once the loan contract is signed and rely on the contract language to protect the City into the future. 3179 Councilor Cox suggested that even though $200,000 is a lot of money, in terms of the overall project cost this is quite small. He resents the feedback he is receiving from members ofthe Senior Estates community that the City is at fault in not letting the seniors move into their new homes. He reiterated that the developer gave the tenants a date in which they could move in before the building was ever finished or ready for occupancy. Additionally, the developer has known of the SDC's for over a year and is the one who is responsible for getting them paid. He felt that the Council should do something to make it work but he is concerned about securing the loan and, if the Council approves the loan contract, tight guidelines should be placed on the Administrator so that he can go back to the developer with a economically sound plan. Mayor Figley stated that she had a similar conversation with the Administrator last week and she feels that security and indemnity are of priority. Assistant City Attorney Won expressed her opinion that this proposal would fall under the Bancroft Bonding Act since the state statute makes all of the Bancroft Bonding Act provisions apply to system development charges including parks. Under this Act, it would give the City first position ifthere was a default. Councilor Cox stated that he would have no objection to the loan contract ifit can be structured to give the City a first lien position under the Bancroft Bonding Act. Administrator Brown stated that he would like to get this issue resolved within the next week and he will be providing the Council with a report on how it was handled. The motion passed unanimously. 4079 OWEST AUDIT. Administrator Brown stated that there is a consortium of Oregon cities that determined last year to go through the franchises of the various utility companies that cities franchise with to make sure that cities are getting paid correctly. W oodbum participated in one last year involving Portland General Electric and it was found that PGE owed our city approximately $140,000. Of these funds received, $10,000 has been retained in the City's fund balance for use in our share of another audit in 2002-03 involving Qwest. The consortium works through the City of Portland and Hillsboro and costs for the audit will be shared by participating cities. It is estimated that Woodburn's cost will be $6,000. If the Council agrees to participate, staff will bring back an appropriation request through a supplemental budget process. NICHOLS/SIFUENTEZ...authorize the City Administrator to execute the intergovernmental agreement related to the telecommunications financial review services. The motion passed unanimously. Page 7 - Council Meeting Minutes, December 9,2002 t ~ '11'1' r II COUNCIL MEETING MINUTES DECEMBER 9, 2002 TAPE READING 4371 ALTERNATE TRAFFIC IMPACT FEE RATE CALCULATION FORSAFEWAY. I Safeway had comttnissioned Kittleson & Associates to submit an alternative rate review which would reduce their traffic impact fee from $856,184.18 to $476,533.15. Following review of the submitted document with our consultant Don Ganer, staff is recommending that the alternative traffic impact fee rate request be rejected. NICHOLS/SIFUENTEZ.... reject the alternative Traffic Impact Fee rate for Safeway. The motion passed unanimously. 4420 CANCELLATI~N OF COUNCIL MEETING. NICHOLS/MCCALLUM... cancel the regularly scheduled Council meeting of December 23,2002. The motion passed unanimously. 4485 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's approval of Residential Architectural Standard Substitution 02-02 (1084 Comstock Way). Councilor Cox stated that this is one of the first cases in which the City has applied the new Woodburn Development Ordinance (WDO) and he would like to see this case called up before the Council. If no action is taken by the Council, the developer would be allowed to install a roof that is less than the 25-year requirement under the WDO and, in lieu thereof, the porch would be larger than what was required and the roof pitch is slightly steeper than otherwise required. He is concerned that if this is the type of tradeoffs being allowed, there are tradeoffs in almost every building which then weakens the strength of some of the City's requirements. He would like to see the Council set some policy on how it should be handled administratively otherwise the City may run the risk of not having a solid development ordinance. Councilor McCallum stated that he had also had concerns and did not object to having it called up for Council review. Asst. City Attorney Won stated that the Council has the authority to call up any item for review. This particular application is subject to the 120-day rule. Community Development Director Mulder briefly left the meeting in order to find out the 120-day expiration date so that the Council could make the appropriate motion (see tape reading 5469). 4898 NEW BUSINE~S: ECONOMIC DEVELOPMENT STRATEGY. Administrator Btown stated that the Council had adopted an economic development strategy about 18 months ago that has the City pursuing all of the work that would lead up towards an Urban Growth Boundary expansion. Special attention has been placed on the Marion County Growth Management project as it has been unveiled over the last several months. The Council has responded to the County Board of Commissioners both in writing and personally regarding the negative impact of the document on the City's ability Page 8 - Council Meeting Minutes, December 9,2002 'p l' II COUNCIL MEETING MINUTES DECEMBER 9, 2002 TAPE READING to meet its economic vision through urban growth boundary expansion. County staff has been meeting with. City staff to work on this issue and the revised version of the document prepared by the County does look better than what it had in the past. The City had gone on recoI1d before the County Commissioners at the end of November identifying four specific areas of concern that still exist all of which were very important to the City and two of those concerns were addressed in the final decision made by the Commission on December 4th. The two outstanding issues involve the coordinated population forecast for the year 2050 and efficiency standards for any land that would be brought into the City through an urban growth boundary expansion. The coordinated population number is used in a variety of other calculations that serve to put a stop on the City's ability to reach its economic potential. The efficiency standards relate to the density per acre that the County would be requiring the City to maintain rather than acknowledging the density per acre. In this case, the City would be required to have a density of about 10 units per acre which is considerably more than what the Council has said in the past that they want to see as a minimum imposed on any project in the City. The City received in today's mail a Notice of Decision dated December 6,2002. Staff has consistently told the County that the City would reserve the right to file a LUBA appeal over this matter and he requested authority to file a Notice of Intention to Appeal to LUBA. He has had contact with the City Administrator of Silverton who has stated that they will be appealing this decision. He stated that the City has built our case to where our staff feels that they have a good case that can be submitted to LUBA. If an appeal is filed, it needs to be done within 21 days of the decision. COX/MCCALLUM...authorize the City Administrator to file a Notice of Intent to Appeal with LUBA concerning this matter. The motion passed unanimously. 5469 Residential Architectural Standard Substitution 02-02: Director Mulder stated that the application was submitted November 13, 2002 and Council has until March to make a final decision. COX/MCCALLUM... Community Development Director's approval of Residential Architectural Standard Substitution 02-02 be called up before the Council. The motion passed unanimously. 5603 CITY ADMINI$TRA TOR REPORT. A) Administrator Brown stated that he had received an invitation to participate as a panel member in today's Oregon Economic Summit that was held up at the Oregon Convention Center. He shared Woodburn's economic development experience to a group of about 1200 participants who were attending the Summit for the purpose of trying to develop some policies for the new administration on economic development in the State. His Page 9 - Council Meeting Minutes, December 9,2002 I 1!''' ,: II COUNCIL MEETING MINUTES DECEMBER 9, 2002 TAPE READING discussion related to creating adequate industrial land supply which is what the City is trying to work on in order to expand the urban growth boundary. B) Administrator Brown welcomed the new Councilors and thanked Mary Chadwick for her service as Councilor. He also thanked for them for their progressive attitude and for giving him and staff the latitude to get work done rather than just talking about it. He stated that Dick Jennings is an individual that would come into his office regularly to keep pushing him to keep on track and to get things accomplished. Administrator Brown thanked him for the opportunity to work with him over the last four years. 6195 MAYOR AND COUNCIL REPORTS. Councilor Nichols thanked Dick Jennings for the opportunity to work with him and to wish him the best for the future. Councilor Veliz stated that he looks forward to continuing his public service in the City and he feels that great things will be accomplished. Councilor McCallum also thanked Dick Jennings for the opportunity to serve on the Council and he welcomed the new Councilors and Mayor. Councilor Sifuentez thanked Dick Jennings and Mary Chadwick for their dedication to the City and commitment to make Woodburn a better place to live. She also wished the community a Merry Christmas and Prosperous New Year. Councilor Cox stated that he was glad to be on the Council. Mayor Figley stated that she does work full-time but she will be working all-day in Woodburn. She encouraged citizens to call and make an appointment to meet with her on Wednesdays and she will be available for evening and weekend functions. She also wished the public a wonderful Christmas and all the best in the upcoming New Year. 6743 SIFUENTEZIMCCALLUM... recess for a short reception. The motion passed unanimously. The Council took a recess at 8:35 p.m. and reconvened at 8:50 p.m.. Tape 2 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(e), ORS 192.660(1)(h), and ORS 192.660(1)(f). NICHOLS/SIFUENTEZ... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously The Council adjourned to executive session at 8:51 p.m. and reconvened at 9:03 p.rn.. 0046 Mayor Figley stated that no decisions were made by the Council during executive session. Page 10 - Council Meeting Minutes, December 9,2002 I .,.~ 1'1 II COUNCIL MEETING MINUTES DECEMBER 9, 2002 TAPE READING 0062 ADJOURNME!'fL NICHOLS/SIFlJENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjo~rned at 9:04 p.m.. ATTEST fll..":;JJ;;.. ~ Mary Te t, Recorder City of Woodburn, Oregon Page 11 - Council Meeting Minutes, December 9, 2002 I 1f r " " Executive Session COUNCIL MEETING MINUTES December 9,2002 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 9,2002. CONVENED. The Council met in executive session at 8:52 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Veliz Present Absent Present Present Present Present Present Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, Asst. City Attorney Won, City Recorder Tennant Press: John Gervais, Woodburn Independent The executive session was called under the follow statutory authority: 1) to conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(1)(e); 2) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660(1 )(h); and 3) to consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f). ATTEST ;1/~~ Mary T e ant, Recorder City of Woodburn, Oregon ADJOURNMENT. The executive session adjourned at 9:00 p.m.. Page 1 _ Executive Session, Council Meeting Minutes, December 9,2002 T 1f , l-: r I