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Minutes - 05/27/2003 COUNCIL MEETING MINUTES MAY 27, 2003 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 27, 2003. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Veliz Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Russell, Park & Recreation Director Westrick, Public Works Manager Rohman, City Recorder Tennant 0030 ANNOUNCEMENTS. A) City Budget and Urban Renewal Budget hearings scheduled for May 17, 2003 is continued to May 28,2003 at 7:00 p.m. in the City Hall Council Chambers. B) Skate Park Ribbon Cutting Ceremony and grand opening will be held on Saturday, May 31,2003, 10:30 a.m., at Settlemier Park. e) "Saturday at the Library" will be held on May 31, 2003 at 1 :30 p.m. in the Youth Services area. The afternoon program is entitled "Latin American Music and Song" by Connie Bieberach and Company. D) Public Hearing on the West Lincoln Street local improvement district will be held before the City Council on Monday, June 9, 2003, 7:00 p.m., in the Council Chambers. E) City Budget Hearing before the City Council will be held on Monday, June 9,2003, 7:00 p.m., in the City Hall Council Chambers. The Urban Renewal Budget hearing before the Urban Renewal Agency will be held on Monday, June 9, 2003, 6:45 p.m., in the City Hall Council Chambers. F) Public Hearing on an appeal of Variance No. 03-01 and Sign Review No. 02-12 (Coastal Farm) will be held on Monday, June 9, 2003, 7:00 p.m., in the City Hall Council Chambers. APPOINTMENTS: Mayor Figley stated that she has provided the Council with names of six proposed members of the Sign Ordinance Focus Group and will work on finalizing her list of proposed members for Council appointment at the June 9th Council meeting. Page 1 - Council Meeting Minutes, May 27,2003 r- COUNCIL MEETING MINUTES MAY 27, 2003 TAPE READING 0198 CHAMBER OF COMMERCE REPORT. Greg Lundeen, representing the Chamber of Commerce, provided information to the Council on upcoming Chamber events: 1) a "State of the County" forum will be held on Tuesday, June loth, 5:30 p.m., in the City Hall Council Chambers. 2) Chamber Lunch Forum will be held on June 18th, 12:00 noon, at the Tukwila Center for Health and Medicine. Guest speaker will be Marion County Sheriff Raul Ramirez. 3) Chamber Golf Tournament will be held on June 20th. 4) Drums of Fire event, co-sponsored by the Chamber, will be held on July 2nd. He also provided the Council with survey results from a Youth Leadership activity which randomly asked patrons at Woodburn Company Stores during the Tulip Festival kickoff event a number of questions that were related to tourism. It was noted that there were visitors from Canada and Europe who were interviewed by the students. Lastly, he provided the newest Silver Falls Tour Route brochure which was prepared by the Tourism Committee and Woodburn is now the gateway to the Silver Falls Tour Route. This Route will be on a National Registry for tour routes. He expressed his appreciation to Executive Director Jerry Wheeler for his active involvement on this committee and his ability to secure Woodburn as the gateway on this route. Mayor Figley stated that the brochure included a map and attractive presentation. 0359 LETTER FROM PORTLAND GENERAL ELECTRIC DATED MAY 19.2003. No action was taken by the Council on the letter which informs PGE customers that a 2% rate increase is being proposed to the Oregon Public Utility Commission with an effective date ofJuly 2, 2003. 0390 CONSENT AGENDA. A) approve regular and executive session Council meeting minutes of May 12, 2003; B) accept the Planning Commission meeting draft minutes of May 8, 2003; C) accept the W oodbum Recreation and Park Board meeting draft minutes of May 13, 2003; D) accept the Woodburn Community Center Task Force meeting notes of May 5,2003; E) receive the Claims for April 2003; and F) receive the report regarding the tree removal in Settlemier Park. NICHOLS/SIFUENTEZ.... adopt the Consent Agenda as presented. The motion passed unanimously. Page 2 - Council Meeting Minutes, May 27, 2003 r - -..-" -.--.. COUNCIL MEETING MINUTES MAY 27, 2003 TAPE READING 0440 COUNCIL BIL~ 2453 - RESOLUTION NAMING THE SKATE PARK LOCATED IN SETTLEMI~R PARK AS THE RICHARD JENNINGS SKATE PARK AND DESIGNATING IT AS AN OUTDOOR RECREATIONAL FACILITY. Councilor Sifuentez introduced Council Bill 2453. 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 2453 duly passed. 0509 COUNCIL BIL~ 2454 - RESOLUTION SETTING NEW FARES FOR FIXED ROUTE TRANSIT AND DIAL-A-R1DE TRANSPORTATION SERVICES. Councilor Sifuentez introduced Council Bill 2454. 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 2454 duly passed. The new rates will go into effect on July 1,2003. 0558 SKATE PARK RULES. Councilor Bjelland stated that he appreciated the way the rules have been listed since they provide a different twist from standard language and hopefully users of the facility will follow the proposed rules. Councilor McCallum stated that he had some concerns regarding the rules focusing on recommended rules versus required. However, since the City's insurance carrier recommended the rules, then he is willing to approve the rules. Councilor Nichols stated that there should be a number of signs posted around the facility that are large enough to be read by the skaters. Director Westrick stated that there will be 3 or 4 signs posted that are approximately 24" by 30L" in size. The Recreation and Park Board will be looking at the rules in about 6 months to determine if any changes need to be made and, if so, they will provide a recommendation to the Council to update the rules. It was noted that the rules will be enforced by Recreation staff, Parks Maintenance workers, and the Police Department. The Skate Park Committee has also indicated that they will self-regulate. COX/MCCALLUM... approve and adopt the Richard Jennings Skate Park Rules as distributed in the Council agenda packet. The motion passed unanimously. 0828 COUNCIL BILL 2455 - RESOLUTION CALLING FOR PUBLIC HEARING ON ANNEXATIO~ OF PROPERTY LOCATED AT 350 S. PACIFIC HIGHWAY (Food Services of America). Councilor Sifuentez introduced Council Bill 2455. 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 2455 duly passed. The public hearing is scheduled for June 23,2003. Page 3 - Council Meeting Minutes, May 27,2003 r-.. COUNCIL MEETING MINUTES MAY 27, 2003 TAPE READING 0887 CONTRACT AWARD: STREET RESURFACING IMPROVEMENTS (Bid #23- 15). Bids for the resurfacing of Montgomery St from Second to Settlemier Ave., Third St. from Cleveland to Harrison St., Fourth St. from Garfield to Harrison St., and Fifth St. from Garfield to Harrison St. were received from the following contractors: Parker Northwest, $93,197.50; Salem Road & Driveway, $100,923.00; Morse Bros., $106,521.50; Roy L. Houck Construction, $108,875.00; D & D Paving, $114,497.00; and North Santiam Paving, $124,492.00. The engineer's estimate for this project was $115,103. NICHOLS/BJELLAND.... award the construction contract to Parker Northwest Paving for the resurfacing of Montgomery Street, Third Street, Fourth Street, and Fifth Street in the amount of$93,197.50. Mayor Figley questioned if staff is comfortable with the low bid amount since it is 19% below the engineer's estimate. Director Tiwari stated that the asphalt price is lower than what had been used in the engineer's calculation a few months ago. The motion passed unanimously. 0979 Norris Seaton, 17240 Boones Ferry Rd NE, brought two concerns before the Council. The first concern related to roadway conditions on Boones Ferry Road at the Country Club intersection. Even though construction is proceeding in this area, he felt that the construction crew could temporarily restore the roadway surface to a more smoother surface. He also questioned the status of the Boones Ferry Road project and anticipated completion date. His second concern related to a picket fence on property located on the southeast comer of Settlemier Avenue and Lincoln Street. He felt that the fence blocked the view of motorists traveling west on Lincoln Street and trying to enter onto Settlemier A venue. Public Works Director Tiwari stated that there is a lot of construction activity going on now along Boones Ferry Road and the roadway will not be smooth until the project is completed. The portion of the project to be completed by July 31 st will be the sidewalk on the west side and all of the undergrounding of utilities from Goose Creek to Vanderbeck Rd. Once this portion of the project is complete, then the street reconstruction project will begin. It is anticipated that the street improvement for this area will be completed in November 2003. He urged the public to be patient with all of the construction activities that are now taking place on this roadway. For the portion of the roadway north of Vanderbeck, there will be no undergrounding or east side sidewalk but the roadway will be improved to Tukwila Drive at the north city limits. He stated that the local improvement district was approved last summer, however, there was a lawsuit filed that delayed the project start date. It was also noted that there will be a bikelane on both sides of the street. Page 4 - Council Meeting Minutes, May 27, 2003 ro-oo---_.-o COUNCIL MEETING MINUTES MAY 27,2003 TAPE READING Councilor McCallum stated that he has found that the traffic flaggers have been very professional and move the traffic along as soon as possible in a safe manner. Mr. Seaton stated that he was not against the construction project but feels that the contractors could maintain the temporary road surface better than what it is currently. In regards to Mr. Seaton's second concern, Director Tiwari stated that the information will be given to Code Enforcement to insure that the visual clearance standards are properly enforced. 1603 Richard Jennings, 595 Filbert St., stated that a recent news announcement stated that the most visited facility in 2002 within the State of Oregon was Spirit Mountain Casino, however, the second most visited facility was Woodburn Company Stores. As a member of the Tourism Committee, he stated that they have found a few errors on the map one of which shows Highway 214 going down Cleveland Street rather than Young Street. He stated that the map shows the various roads in the City and, even though the map is incorrect, motorists will not get lost when driving the tour route. Lastly, he encouraged the public to attend the Skate Park Opening Ceremonies on May 31 SI and, in his opinion, the kids will help to police the rules that the Council has adopted. 1777 PROPOSED NUISANCE ORDINANCE. Police Chief Russell stated that several current livability ordinances were updated by staff and presented to the Livability Task Force for review. The proposed ordinance incorporates provisions of the existing noxious vegetation thereby reducing the number of ordinances on the City's books and providing for a uniform abatement process. The Task Force discussed the proposed ordinance extensively and they are recommending that the Council adopt the proposed ordinance. Chief Russell stated that the proposed ordinance is before the Council for discussion so that staff can continue to finalize the document for presentation at a future Council meeting. Mayor Figley stated that the proposed ordinance looks more logical and precise than the current ordinances. She felt that residents should be given some reasonable time to take care of nuisances once it is brought to their attention. Councilor Cox felt that the proposed ordinance was a good effort on the part of the Task Force. He agreed that the proposed ordinance does roll the whole package into one and, for the most part, provides objective standards. He does have some legal points that he will be working with the City Attorney on before a final document is before the Council. Councilor McCallum stated that he is pleased with the document recommended by the Task Force. He did have a concern regarding the snow and ice provision (Section 4(F)) in that it was unclear as to when a property owner would be obligated to remove the snow and/or ice from the sidewalk on their property. Discussion was held on the proposed language and staff will continue to review the language to clarify when a property owner is required to remove the snow and ice. Page 5 - Council Meeting Minutes, May 27,2003 ....r-..-.-...---...-.-- I COUNCIL MEETING MINUTES MAY 27, 2003 TAPE READING Councilor Cox felt that it was important to carefully study this provision since common sense is necessary to determine when removal should be required. However, he cautioned the Council that a civil liability can be created when language in the ordinance makes removal mandatory. Councilor Veliz suggested that, once the ordinance is adopted, public education and awareness of the new ordinance should be made utilizing WCAT, utility bills, City newsletter, newspaper, and other media sources. 2490 JLR/BRUCE PACK REOUEST FOR CITY SERVICES. Mayor Figley stated that an extensive staff memo, in addition to supporting documentation, was included in the agenda packet for Council review. Don Kelley, attorney representing JLRlBruce Pack, provided background information on the owners of the property who operate a meat packing/speciality meat design operation in Sublimity and Silverton. Currently, his client owns and operates a freezer warehouse operation at the Agri-Frozen site which was previously owned by Agri-Pac and, before that, Birds Eye Corporation. He stated that his clients purchased the Agri-Frozen site to utilize the freezer space for their operation, however, they are now looking at options available for expanding their business either at the Woodburn site or Silverton site. They purchased the property with the understanding that sewer and water had been available since 1962. There is a water and sewer line that runs through this property that serves the Food Services of America property to the south of the Bruce property. The water line provides for domestic purposes and fire suppression. It is also his understanding that the wells on the property match the water capacity of the City and, at times in the past, it has been a cooperative effort where the water supply from this property has been used by the City for fighting a major fire. The main issue relates to sewage treatment and, if the owners elect to expand their business to include processing, it would be more convenient for them to have the continued use of the City's sewer system. He stated that opening a processing plant could create 200-300 jobs, however, they would like to expand their business without annexing to the City. It was his understanding that the City has a policy against allowing new owners of the same property to continue using city services that previous owners have historically used. In his opinion, the primary policy of the City should be to look at jobs created. The utility line is already in place and it is in use by Food Services of America even if JLR/Bruce Pack does not use the service. He asked that the Council consider the potential of jobs, consider the history and his client's belief that the services would be continued like it had been through the previous owners, and that the City allow them to continue using those services. 3290 Councilor McCallum questioned who made the overture that water and sewer came with the sale of the property. Mr. Kelley stated that he believed that there were contacts made with City staff and his clients believed that they were told that the services were in place and it would stay there. Page 6 - Council Meeting Minutes, May 27,2003 r -'~_.~-""-'---"-"""--""--+---" COUNCIL MEETING MINUTES MAY 27, 2003 TAPE READING However, this would not legally bind the City to continue the services. To date, his research has not resulted in locating a written document that was agreed to by the City and Birds Eye when the lines were installed that would require the City to continue the service to the property. There was a written agreement between the City and Agri-Frozen which would allow for termination by either party. He suggested that when Birds Eye put in the initial lines, they must have believed that those services would be available to the property. In regards to use of water for fire suppression, it was his understanding that decades ago there was some sort of a plant fire within the City and the Fire Department back pumped into the same pipelines that are available into the City's system. Councilor Cox questioned what the difference in the tax levy would be to his client if the property is annexed to the City since this information was not included in the agenda packet. Mr. Kelley stated that, to the best of his recollection, it would be approximately $3.00 per $1,000 assessed value. The property owners do not feel that the taxes are the issue in this case. One of the concerns his client has is their unfamiliarity with the City's land use laws. They are very familiar with Marion County laws and they are comfortable with working with the County. He also stated that, at the rate this company continues to grow, they will be able to use the entire facility for freezer warehouse space if necessary rather than utilize it for meat processing. Mayor Figley stated that she was on the Council for 12 years before becoming Mayor and, in the early 1990's, discussion was held at the Council level on large employers who were not in the city limits and that there was no particular plan to encourage them to annex into the City. As a result, a long standing Council policy has been in place in fairness to other industries within the City using these City services. Mr. Kelley stated that the Bruce's would not be in competition with any other business in Woodburn, however, the cities (Woodburn and Silverton) would be in competition as to who would get the jobs as a result of their expansion. He suggested that the City consider the creation of jobs as a reason for allowing the usage of utility services without requiring annexation. Councilor Nichols stated that when the original agreement was made with Birds Eye for fire protection, the City was in short supply of water during the summer months. The agreement with Birds Eye stated that if the City was in need of the water, Birds Eye would immediately suspend their operations in order to divert the water to the City. Later, when the new portion of the plant was built, there was a provision in the agreement in which the City would provide water to Birds Eye for fire protection. He expressed concern over allowing a new owner of property to be exempt from the City's policy to annex in order to receive utility services while another new owner is required to annex. Mr. Kelley disagreed with any potential discrimination suit based on the type of facts described by Councilor Nichols. He reiterated that his client is mainly interested in obtaining sewer services and, as his clients consider their options, the sewer service will Page 7 - Council Meeting Minutes, May 27, 2003 ,.. ._,-----~--,-,' COUNCIL MEETING MINUTES MAY 27, 2003 TAPE READING be a crucial issue. Councilor Cox stated that Mr. Kelley has done a good job in advocating his client's position, however, in his opinion, the Council has established a position over the years and he sees no reason to either change the policy or make an exception to the policy. City Attorney Shields stated that the no motion is required by the Council if there is a consensus to make no changes to their established policy. Mr. Kelley questioned when the policy was initially established. Mayor Figley stated that this philosophy was on the table as early at 1991 and has been a topic of discussion on several different projects in that southeast industrial area and areas along the freeway. Additionally, the City did proceed with some mass annexations on the basis of a fairness issue in that residents and businesses receiving city services needed to pay city taxes and be subject to city zoning and other regulations. Administrator Brown stated that Food Services of America is the most recent Resolution in which the City formally extended services to that business during that time in which they were planning for annexation to the City. Councilor Bjelland stated that it appears that Bruce Pack has a concern over the difference in potential treatment between Marion County and the City. He questioned if Mr. Kelley had examples of specific areas that are of concern. Mr. Kelley stated that he would like to have a discussion with Councilor Bjelland off the record since it would serve no purpose at this meeting. He thanked City staff for their courtesy and cooperation during this process. 5248 PLANNING COMMISSION OR ADMINSTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Design Review 02-10 and Variance 02-06 (1385 Meridian Drive). No action was taken by the Council on this application. 5390 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that the Mayor did a good job at the LCDC hearing in representing the interests of the City. 5436 MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that he was pleased with the Chamber report on the number of people coming to Woodburn to shop and that, once again, the Tulip Festival was very successful. He is also looking forward to some of the other events planned this summer within our community. Councilor McCallum congratulated the Mayor for her speech at the Mayor's Prayer Breakfast and former Mayor Jennings who was Master of Ceremonies for the event. He also congratulated Councilor Nichols who was given an award as lay citizen for Woodburn for all of his work in not only civic but religious matters. Councilor McCallum congratulated Walt Blomberg who will be returning to the Page 8 - Council Meeting Minutes, May 27,2003 ...'-.-....-...---..' COUNCIL MEETING MINUTES MAY 27, 2003 TAPE READING Woodburn School District as Superintendent and he is looking forward to continued cooperation between the City and School District. Lastly, Councilor McCallum congratulated the Police Department for their work with the downtown merchants and the formation of a Downtown Business Watch program which he feels will payoff extremely well in the future. Councilor Sifuentez stated that she is looking forward to Saturday's opening ceremony for the new Skate Park. She was also glad to hear that there are so many visitors to the Woodburn Company Stores. Mayor Figley added her congratulations to former Mayor Jennings who is being honored by having the skate park named after him. Mayor Figley reported on the Land Conservation & Development Commission (LCDC) hearing held on May 23,2003 during which she and City staff met for 5-6 hours with the Commission and their staff regarding the Marion County issue. She stated that the City did get LCDC's agreement to back off the mandatory dictated densities which Marion County was hoping to enforce. Other legal issues will be dealt with by our City Attorney at the appropriate time. Overall, she was impressed with the professionalism of the Vice- Chair of the Commission who took over half-way through the hearing and the intelligent questions which were asked by all of the Commissioners. She understands that it is a difficult issue and a very politically charged set of issues that the Commission are asked to deal with. She felt that it was a productive meeting and she thanked City staff and the City's Consultant Greg Winterowd for their participation at the meeting. 6088 ADJOURNMENT. NICHOLS/MCCALLUM... meeting be adjourned. Tge motion passed unanimously. The meeting adjourned at 8:26 p.m.. ATTEST ~~~ Mary Ten ant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, May 27,2003 r-'--