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Minutes - 08/09/2004 COUNCIL MEETING MINUTES AUGUST 9, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 9, 2004. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Park & Recreation Director Westrick, Public Works Manager Rohman, Community Development Director Mulder, Management Analyst Smith, Management Analyst Meza-Perfecto, Recorder Tennant Note: Tape recorder was not functioning properly for the agenda items under Announcements and Woodburn Downtown Association presentation. ANNOUNCEMENTS. A) Music in the Park: Library Park at 7:00 p.m. August 10, 2004 - The Fabulous Essentials ~ big band music August 17,2004 - J.T. and the Tourists - old time rock and roll music B) Walt's Run will be held on August 14,2004 at Centennial Park and participants can register at the Aquatic Center. C) Mayor's Cup Golf Tournament: This annual event will be held on August 21, 2004 at the Senior Estates Golf course with tee time at 8:00 a.m.. Applications are available at the Parks and Recreation office. PRESENTATION: WOODBURN DOWNTOWN ASSOCIATION (WDA) DONATION. Martin Ochoa, WDA President, presented a check to the City in the amount of $2,000 to be used towards construction costs associated with the Downtown Plaza. He stated that the funds were raised at the July 25th downtown celebration by sponsors ofthis event. He also thanked the Mayor and Council for their support of changing the downtown parking lot into a park area. The Mayor thanked the WDA and sponsors for their contribution to this upcoming proj ect. Page I - Council Meeting Minutes, August 9, 2004 ~ COUNCIL MEETING MINUTES AUGUST 9, 2004 TAPE READING 0040 PRESENTATION: ICE AGE FLOOD LEGISLATION. Director Westrick reported that the National Park Service study report has been submitted to Congress which would propose an Ice Age Floods National Geographic Trail. This trail would provide for a motor route extending from Montana to Astoria then south to the Willamette Valley as far as Eugene. The trail would interpret the Great Floods that happened in the Pacific Northwest at the end of the last Ice Age which was approximately 12,000-17,000 years ago. Recent studies show that Woodburn has the best preserved animal and plant material from that era and the plan suggests that the tour route needs to have an interpretive center somewhere in the Willamette Valley. The study also suggests that the National Park Service work with local communities to decide where an interpretive center should be located, and to set up loops along this route, one of which has been called the "Mt. Angel Loop" which would wind its way through Woodburn along Highways 213 and 214. In the meantime, the City's current work on the Greenway Master Plan and the Legion Park Master Plan include opportunities for interpretive trails, kisoks and nature centers which will interpret this ancient environment. There is no federal legislation as of yet but it is anticipated that it will be coming soon after the Senate reconvenes from their summer recess. Mayor Figley stated that she will send a letter to Congresswoman Hooley thanking her for her co-sponsorship of this legislation and support of placement of an interpretive center in Woodburn. 0403 CHAMBER OF COMMERCE REPORT. Walt Blomberg, representing the Chamber, provided the following information on upcoming Chamber activities: I) Greeter's Program, August 13t\ 7:30 a.m. - Pepperoni's Pizza at North Park Plaza. 2) Chamber Forum, August 18th, 12:00 noon - Fire Station tour 3) Ribbon Cutting for new business, August 25th - Country Wide Home Loans, 1585 N. Pacific Highway He also stated that Executive Director Jerry Wheeler has taken a position in Lake Oswego as Chamber Director and recruitment has begun to replace Mr. Wheeler. Mr. Blomberg distributed a copy of the Chamber's monthly statistical report to the Council and briefly commented on the increased number of inquiries about Woodburn. Mayor Figley congratulated Mr. Wheeler on his new endeavor but was sorry to see him move on to another community since he has been a positive proponent for Woodburn. 0654 Louis Sherry, 731 Bluegrass A venue, questioned why he should be responsible for paying a water bill that was incurred by the previous owner. He did pay the bill in order to keep his water from being turned off, however, when he asked one of the Councilors about the property lien, he was told that he should not pay the bill since there should be no lien on the property. After doing some further research into this issue, he found that there was an ordinance passed in 1987 that places a lien on the property for unpaid bills. He also Page 2 - Council Meeting Minutes, August 9, 2004 ~ COUNCIL MEETING MINUTES AUGUST 9, 2004 TAPE READING questioned why a Councilor would tell him not to pay the bill when in fact the ordinance requires the property lien. Mayor Figley stated that she was unaware as to what had transpired in this case since she had not spoken to Mr. Sherry about the issue. Administrator Brown stated that he is also unaware of this situation but he suggested that the Council look at the ordinance provision on unpaid bills. He stated that he will follow- up on this issue tomorrow to see what, if any, resolution can be accomplished. Councilor Sifuentez stated that she has also received calls in the past from residents regarding the need to pay the previous owners unpaid utility bill in order to receive service. She did not think that it was a fair situation for new owners to pay these bills since they did not incur the charges. Councilor Cox also felt that the ordinance should be updated and be brought up on the staffs work list. It is also his understanding that the liens do not show up until later, therefore, they are not shown on an escrow report. The Mayor stated that escrow agents do not typically pro-rate utilities and she requested that a staff report be made at the next Council meeting on this issue. Councilor Nichols stated that he had spoken with Mr. Sherry and he still stands by his statement that Mr. Sherry should not be responsible for a bill that was incurred by the previous property owner. 1029 CONSENT AGENDA. A) approve regular and executive session minutes of July 26,2004; B) accept the Recreation and Parks Board draft minutes of July 13, 2004; C) accept the Library Monthly Report for June 2004; D) accept the Planning Project Tracking Sheet dated July 20,2004; E) accept the Building Activity Report for July 2004; and F) accept the informational memo on potential Storm Drain easements in the vicinity of Bryan Street as part ofthe Blaine / Bryan / McKinley Storm Drain project. Councilor Cox stated that he had received a letter from Barbara Lucas requesting certain changes or clarifications in the Council minutes. He stated that he had carefully reviewed the minutes, compared the minutes to her letter, and felt that everything she brought up in her letter was covered in the draft minutes. Councilor McCallum also felt that the draft minutes were quite complete and covered the areas addressed by Mrs. Lucas. Councilor Nichols stated that the Recreation and Parks minutes referred to a town hall meeting on August lOth and questioned if this meeting had been cancelled. Director Westrick stated that the town hall meeting has been cancelled. Councilor McCallum also stated that Mrs. Lucas letter will be part ofthe record and on file. MCCALLUM/COX.... adopt the consent agenda as presented. The motion passed unanimously. Page 3 - Council Meeting Minutes, August 9, 2004 ~. COUNCIL MEETING MINUTES AUGUST 9, 2004 TAPE READING 1389 PUBLIC HEARING: NORTHWEST NATURAL GAS FRANCHISE. Mayor Figley stated that staff has requested for a continuance of the public hearing since the new franchise agreement is not available for review and discussion. There is a Council Bill under General Business that would extend the franchise until September 15, 2004 by which time a new Council Bill should be ready for Council consideration. Councilor Cox questioned if a public hearing is needed for the short term extension. City Attorney Shields stated that no public hearing is necessary on the short term extension. Mayor Figley opened the public hearing at 7:30 p.m. and entertained a motion to continue the hearing to allow additional time for drafting and review of a new agreement. COX/NICHOLS... continue the public hearing on the Northwest Natural Gas franchise to September 13, 2004 at 7:00 p.m.. The motion passed unanimously. 1558 Mayor Figley informed the Council and the public that Speaker Cards will be used in the future to give members of the public interested in speaking on agenda items under General Business an opportunity to talk on a subject and to give the Chair an opportunity to know that there is a person in the audience who may have an interest on an agenda item and would like to have their questions answered. 1676 COUNCIL BILL NO. 2523 - ORDINANCE REPEALING THE SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES ADOPTED IN 2003. ADOPTING THE 2004-05 REVISED SCHEDULE. AND PROVIDING FOR ANNUAL REVIEW. Councilor Sifuentez introduced Council Bill 2523. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Cox expressed his concern regarding the escalation of planning fees. He realized that it has been the stated position of the Council to recover 100% of the cost but he feels that, as part of the next budgeting cycle, the fees should be re-evaluated. He stated that he was in agreement that a developer should pay 100% if a subdivision is being proposed, however, in those cases where homeowners will pay for small variances and other small land use actions, he felt that the fees were too high and causes a hardship. Mayor Figley felt that an overall philosophical discussion on fees should be part of the budget process. Councilor Bjelland stated that he also had some concerns in this area and noted that there has been some attempt to adjust the fees in the appeal ofland use actions by designating two different types of appeals. Over the next few months, the City may receive some feedback from property owners who are faced with the new fee schedule and the Council can address it by determining whether there are other similar situations that might merit a reduction in this philosophy of 100% recovery. Councilor Cox concurred with comments made by Councilor Cox and he has some concerns about the fees that might eliminate property owners that do not have the Page 4 - Council Meeting Minutes, August 9, 2004 COUNCIL MEETING MINUTES AUGUST 9, 2004 TAPE READING financial resources to pursue a land use action. He also thanked Management Analyst Smith for his excellent memo outlining the different philosophies on fee recovery. Administrator Brown stated that staff will look at the fees and suggested that waiting until the budget cycle would be more convenient to the timing of other issues staff is working on. He also mentioned that the planning fees do not recapture the full cost of planning work since the fees are only charged when an application is submitted. Even though it has been referred to as 100% recovery, there is still a fair amount of costs subsidized by the General Fund. On roll call vote, the bill passed unanimously. Mayor Figley declared Council Bill 2523 duly passed with the emergency clause. 2232 COUNCIL BILL NO. 2524 - ORDINANCE AMENDING ORDINANCE NO. 2133, NORTHWEST NATURAL GAS COMPANY FRANCHISE. TO EXTEND THE ORDINANCE TO SEPTEMBER 15. 2004. Council Bill 2524 was introduced by Councilor Sifuentez. The two readings of the bill were read by title only since there were no objections from the Council. Councilor Cox stated for the record that he did own some stock in Northwest Natural Gas but it is a small amount and would not rise to the level under the State Ethics Law that would disqualify him from voting on this issue. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2524 duly passed with the emergency clause. 2418 INTERGOVERNMENTAL AGREEMENT FOR SCHOOL RESOURCE OFFICER. Staffrecommended the acceptance of the agreement which will continue to provide an officer at the High School with the School District paying approximately 80% of the cost for this position. BJELLAND/NICHOLS... authorize the City Administrator to sign an agreement with the Woodburn School District for School Resource Officer services. The motion passed unanimously. 2444 AGREEMENT FOR PERIODIC REVIEW CONSULTING SERVICES. COX/MCCALLUM... authorize the City Administrator to execute an agreement for Periodic Review consulting services and any related documents with Winterowd & Brooks, LLC, for fiscal year 2004-05, a copy of the agreement is included in the agenda packet. The motion passed unanimously. Page 5 - Council Meeting Minutes, August 9, 2004 ~ COUNCIL MEETING MINUTES AUGUST 9, 2004 TAPE READING 2487 APPLICATION FOR TRAFFIC ENHANCEMENT PROGRAM HIGHWAY 214 SIDEWALKS. NICHOLS/MCCALLUM... approve application for Traffic Enhancement Program of Oregon Department of Transportation (ODOT), and authorize staff to submit application affirming the future availability of Local Matching Funds in the amount of $74,000. The motion passed unanimously. 2538 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's Approval of Partition 04-04 (1791 West Lincoln Street). Councilor Cox stated that the lots created by this partitioning would be approximately 14,000 sq. feet and he questioned if(1) the City has any control over saying that the lots are too large or (2) will the City get in trouble with the overall urban density under the City's guidelines by creating 4 lots in that size range. Director Mulder did not feel that these few lots would affect the overall density. The City has no maximum lot size but there is a minimum lot size. In the Periodic Review package of amendments, there is a proposal to create a maximum lot size on the nodal over layer. In this particular request, the size of the lots have more to do with the shape of the parcel since there is an existing house in the front of the parcel. The applicant is proposing to subdivide the rear lot next year into two parcels. No action was taken by the Council to bring this item up for review. 2796 CITY ADMINISTRATOR'S REPORT. Administrator Brown thanked the Downtown Association and the Downtown Merchants that sponsored the July 25th Celebration and their contribution to the Plaza. The specific contributors were Ace Septic & Excavating, Inc. ($500), Lupita's Restaurant ($460), Love's Pasteleria ($640), and Novedades Reyes ($400). Mayor Figley reiterated that they deserve the City's thanks for what they have done in making these events happen. She stated that these are fun family events and encouraged residents to attend a future event to see how enjoyable they are. Administrator Brown updated the Council on the status of the plaza. He stated that last week he received a set of95% drawings on this project and there is some minor mechanical engineering that is being completed relating to the fountain. The drawings should be complete in about two weeks and it may still be possible to get the project moving before winter. 2960 MAYOR AND COUNCIL REPORTS. Councilor Nichols thanked the Downtown Association and the sub-committee for their contribution. He stated that the group is very enthused about the downtown plaza and it will be the highlight for them when it is completed. Page 6 - Council Meeting Minutes, August 9, 2004 COUNCIL MEETING MINUTES AUGUST 9, 2004 TAPE READING Councilor McCallum thanked the Fire Department for the use of the fire engine for the Fiesta Parade and City employee Steve Newport for driving the vehicle. Councilor McCallum also questioned Director Tiwari on the traffic issues that will surface once school is in session since the intersection is not complete. Director Tiwari stated that there are two parts to this project - one being north Boones Ferry Rd to Goose Creek and the other being the Highway 2l4/Settlemier/Boones Ferry Road intersection and Settlemier Avenue south to Harrison St.. The intersection and Settlemier Avenue project is part of the ODOT project which will be done at a later date. There will be a temporary signal installed to deal with the widening ofBoones Ferry Road. All parties including the School District are aware of the project status and it is anticipated that only minor work will be done on Boones Ferry Road after school is in session. In regards to the intersection and Settlemier Avenue project, the City has done all that they can, including acquisition of property, in order to facilitate the widening of Settlemier Avenue. Councilor Bjelland stated that the rubber partitions on the Cleveland Street railroad spur line are loose and potential traffic hazards. Director Tiwari stated that staff will contact the Railroad Company regarding the loose partitions since the City is not allowed to make any repairs within 18 inches of the railroad tracks. Councilor Bjelland also stated that he was glad to see that work has begun on the 1-5 interchange project which will provide for a right-hand turn lane on Highway 214 for traffic going northbound onto 1-5. Councilor Sifuentez stated that residents have also asked her about the Boones Ferry Road improvement since they are concerned about traffic flow when school begins in September. Director Tiwari stated that other than the temporary signal, all of the major work will be done with all traffic lanes useable by the time school begins. The first week school is in session, there will be no work done by the contractors, however, the contractors will return the following week to complete the minor work. Additionally, the trees that were removed will be replaced but with a different variety. Staff is working with the School District to determine the variety and number of trees to be planted. In regards to the Hwy 2l4/Settlemier Ave intersection improvement, it will most likely occur next summer during school break. ODOT will be the agency releasing this contract since it is a State Highway improvement. Mayor Figley thanked the neighbors within our community who offered their hospitality last Tuesday as part of the National Night Out event. She also congratulated the organizers of the Fiesta on 40 successful years. 4004 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority ofORS 192.660(1)(i). Page 7 - Council Meeting Minutes, August 9, 2004 -..-.- -_..,--'"-,..~,._"._-_._'-"_._._--. COUNCIL MEETING MINUTES AUGUST 9, 2004 TAPE READING City Attorney Shields stated that this evaluation is of his position, therefore, he has an actual conflict of interest and he is unable to represent the Mayor and Council. He also understands that he has the right to an open hearing and, under the statute, he is waiving that right. NICHOLS/MCCALLUM... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned into executive session at 8:07 p.m. and reconvened at 9:48 p.m.. 4075 Mayor Figley stated that no action was taken by the Council during the executive session. COX/MCCALLUM... for the next one year period effective August 1, 2004, the Council increase the City Attorney's salary under his contract by 4% of his base salary which would include the COLA (Cost of Living Adjustment) which would normally be effective this fall. The motion passed unanimously. 4192 ADJOURNMENT. LONERGAN/NICHOLS... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:50 p.m.. ATTEST jJl~~t Mary Te t, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, August 9, 2004 ..." .._-- ._."'_..__.__.._.._'_...,-_._.._~_._._~--_..,~._."'_._-,~--_.- Executive Session COUNCIL MEETING MINUTES August 9, 2004 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 9, 2004. CONVENED. The Council met in executive session at 8:10 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present 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 Recorder Tennant, City Attorney Shields (9:03 pm - 9:30 pm), City Administrator Brown (9:31 pm - 9:46 pm) The executive session was called to review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing pursuant to ORS 192.660(1 lei). ADJOURNNMENT. The executive session adjourned at 9:47 p.m.. { --- -+ ATTEST ;1 ct.{.. /H~C~ Mary enn~, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, August 9, 2004 ~...-." ._._-~_., .--..-. .,.,-,. .--._. ~,.