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Minutes - 09/27/2004 COUNCIL MEETING MINUTES SEPTEMBER 27,2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 27, 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, Public Works Manager Rohman, Community Development Director Mulder, Park & Recreation Director Westrick, Asst. City Engineer Torgeson, Recorder Tennant 0056 ANNOUNCEMENTS. A) Fall Cleanup will be held on Saturday, October 9,2004 and volunteers participating in the city-wide cleanup effort will meet at Woodburn High School in the front entrance parking lot at 8:30 a.m.. B) Woodburn Fire Department Open House / Safety Fair will be held on October 9, 2004 from 11 :00 a.m. until 3:00 p.m.. C) Women's Health Fair will be conducted by Wal-Mart on October 8, 2004 from 11 :00 a.m. until 4:00 p.m. at their store (3002 Stacy Allison Way). D) Public Works Week will be observed October 11 - 15,2004. E) Public Hearing will be held before the City Council on October 11,2004 at 7:00 p.m. to consider the annexation and zone change of property located at 515 Settlemier Avenue. 0115 APPOINTMENT: RECREATION AND PARKS BOARD. Mayor Figley appointed Brad Hutchison to the Recreation Board and Parks Board, Position I, with his term to expire on December 31, 2004. She introduced Mr. Hutchison to the Council. NICHOLS/MCCALLUM... approve the appointment of Brad Hutchison to Position I on the Recreation and Parks Board. The motion passed unanimously. Page 1 - Council Meeting Minutes, September 27, 2004 - COUNCIL MEETING MINUTES SEPTEMBER 27, 2004 TAPE READING 0158 PROCLAMATION: PUBLIC WORKS WEEK. Mayor Figley proclaimed October 11 - 15,2004 as Public Works Week 2004 in Woodburn. She urged residents to acquaint themselves with the City's Public Works services and to recognize public works employees for their work in providing quality facilities and services to our community. 0256 PROCLAMATION: DISABILITY EMPLOYMENT AWARENESS MONTH. Mayor Figley proclaimed the month of October 2004 as Disability Employment Awareness Month and urged citizens to learn about individuals with disabilities, their strengths, abilities, and programs that serve their needs. 0308 PROCLAMATION: WOODBURN FALL CLEANUP MONTH - OCTOBER 2004. Mayor Figley proclaimed the month of October 2004 as Woodburn Fall Cleanup Month within the City and she urged all citizens to recognize that livability begins at their own residences and to work with friends and neighbors to make Woodburn a beautiful place to live, and to take pride in our City by participating in the City-wide cleanup effort on October 9,2004. 0378 PROCLAMATION: HONORING ROBERTO FRANCO. Mayor Figley stated that Roberto Franco has taken a position with the State of Oregon in a job similar to the one that he held as Executive Director for Farmworker Housing Development Corporation. Mr. Franco will be honored at a going away party, and a welcome for his successor, on October 7, 2004. She is making a proclamation in his honor to publicly thank him for his contribution to the community in providing the leadership in building and promoting decent and affordable housing for farmworkers and their families. 0610 PRESENTATION: FRIENDS OF THE WOODBURN PUBLIC LIBRARY- REPORT ON MUSIC IN THE PARK. Library Director Sprauer introduced the following officers of the Friends of the Library who were in attendance at this meeting: Mabel Kewley, President; Gene Kemp, Vice President; Sandy Kinney, Secretary; and Neil Hawes, Treasurer. She stated that Music in the Park is sponsored by the Friends of the Library along with a number of community sponsors. Once again, it was a very successful year for this program with total attendance of 4,630 in nine weeks and the largest attendance for a single performance was approximately 650. It was noted that there were at least three performances with over 600 individuals in attendance. Library staff member Sandy Kinney presented a limited edition art print to the City which was commissioned by the Friends of the Library and sold as a fundraiser for Music in the Park performances. Page 2 - Council Meeting Minutes, September 27, 2004 COUNCIL MEETING MINUTES SEPTEMBER 27, 2004 TAPE READING Director Sprauer stated that the Friends of the Library organization is a non-profit organization and they do a number fundraisers during the year with donations being given back to our Library. In appreciation for all of the work done by Sandy Kinney on this program, the Library and the Friends of the Library presented her with a Certificate of Appreciation and a bouquet of roses. 0900 PRESENTATION: NEW PERMIT REQUIREMENTS FOR WASTEWATER POLLUTION DISCHARGE. Public Works Director Tiwari stated that regulations are changing for wastewater pollution discharge and upgrades will be made at the treatment plant in order to meet permit requirements as those requirements are established by the Department of Environmental Quality (DEQ) and Environmental Protection Agency (EP A). The Clean Water Act of 1973 continues to impose revised regulations and the City's wastewater treatment facility has been upgraded over the years to meet those regulations. Our most current upgrade was in the year 2000 (Phase I) and planning is in process for Phase II in the year 2009 or 2010. Regulation changes require the City to move forward with upgrades at this time and this presentation will provide the Council with a status report on this issue. Asst. Wastewater Superintendent Stultz stated that the current permit expired in February 2003 and the City has been operating under an extension until a permit is finalized or terminated. A draft permit was received in September 2004 from DEQ offering the City an opportunity to review the draft permit before negotiations begin on the issue. DEQ's time schedule indicates completion of the negotiations and public comment received by November 2004 with renewal by January 2005. Under the current permit requirements, the City records river flows and temperatures twice a week while the new permit would require the City to record the river flows daily. There will also be extensive metals testing on the river to have a comparison between background which is natural versus other causes in the receiving stream in comparison to the effluent. This information will also check on primary pollutants that could be discharged to the river. The mixing zone is another area in which the current permit requirements will be substantially changed. Currently, the City is allowed to use 100% of the river's cross section to mix with the river whereas the new permit requirements will only allow 25%. This decrease in the mixing zone would allow for fish passage through the City's outfall. An RFP is currently out for a mixing zone study to assist staff in the more technical nature of this issue. In regards to wintertime ammonia limits, there are no limits for the winter months because of the dilution in the stream, however, the new wintertime limits will consist of 9.5 parts per billion daily maximum and a 4.2 month average. Current effluent testing requires temperature of the river to be taken 3 times a week and whole effluent toxicity testing once during the 5-year permit cycle. This particular test involves mixing of effluent to different concentrations and tests ran to see if different life stages of certain algae, fish, etc, can survive in the City's effluent. The new permit would require continuous Page 3 - Council Meeting Minutes, September 27,2004 - COUNCIL MEETING MINUTES SEPTEMBER 27, 2004 TAPE READING temperature monitoring and whole effluent toxicity testing. Laboratory testing procedures will involve multiple gloves, breathing apparatuses, etc. since it will be necessary to test to parts per billion rather than parts per million. Temperature is a major issue to be addressed by the City since the new permit would require a maximum discharge temperature of 64.90 F. The City does not have a wintertime limit since the water is cool enough so that the discharge temperature is not of a concern. The new permit will include a compliance schedule to meet the temperature standard. He stated that temperature reduction is the most expensive requirement to meet and natural reduction of temperature is the most cost effective. This would include, but not limited to, the construction of wetlands, storage lagoons, and expansion of the poplar plantation. Director Tiwari stated that temperature is a pollutant to aquatic life which has been brought to the forefront and must now be addressed by the City. Staff will continue to negotiate with DEQ to obtain permit requirements that can be achieved in a reasonable period of time. He also noted that the City has not had a sewer rate change since 1995 but the City may need to look at a rate change in 2009 or 2010. 2048 PRESENTATION: SIGN ORDINANCE ENFORCEMENT STATUS REPORT. Community Development Director stated that the Sign ordinance became effective July 1, 2004 and, as provided for within the current year's budget, an Associate Planner was hired to specifically enforce the new sign ordinance. The new Planner has been actively enforcing the new ordinance for approximately two months. The areas in which the Planner is concentrating her efforts are (1) removal of temporary signs in the public right- of-way, (2) bring temporary signs on private property into conformance, and (3) conduct inventory work relating to legality of existing signs and to bring illegal permanent signs into conformance. To date, over 200 temporary signs have been removed from the public right of way in addition to contact with property and business owners to voluntarily remove their signs. The inventory work related to bringing illegal permanent signs into conformance is more time consuming since, in many cases, existing City records are incomplete or provide insufficient information. Staff will come back to the Council for additional discussion once the evaluation is completed. Councilor McCallum questioned if the Code Enforcement Officers are trained in code compliance. Chief Russell stated that the Police Department has had an on-going discussion with Community Development on Code Enforcement's role in enforcing the ordinance. The officers understand the temporary signs in the public right-of-way issues more so than the more complicated sign issues such as bringing existing signs into conformance. The officers do have the tools necessary to successfully get a case through the court system if it should go that far. Councilor Cox stated that staff presented a comprehensive report in the agenda packet and he appreciated receiving the information. Page 4 - Council Meeting Minutes, September 27,2004 COUNCIL MEETING MINUTES SEPTEMBER 27, 2004 TAPE READING 2556 PRESENTATION: MAYOR'S GOLF TOURNAMENT REPORT. Richard Jennings, 595 Filbert St., stated that the 4th Annual Mayor's Golf Toumament was a successful event this year and proceeds are given back to community programs. A couple of years ago the organizers decided to donate the proceeds to the Teen Scene Program since it benefits middle-school to high-school age students. Other members of the organizing committee include Dick Hammond (Chair), Charlie Piper, Don Judson, Dave and Craig Christoff. The tournament was moved two years ago from Tukwila to Senior Estates Golf & Country Club and their golfpro, Jim White, has done an excellent job in making sure that their tournament is successful. He presented Parks & Recreation Director Westrick with a check in the amount of$I,OOO.OO for use in the Teen Scene Program. 2794 CHAMBER OF COMMERCE REPORT. Niki DeBuse, representing the Chamber Board, expressed the Chamber's appreciation to the public for their support of their annual auction. Upcoming events include: 1) Chamber Forum Luncheon - October 20,2004, 12:00 noon, at the Tukwila Medical Center with Congressworman Darlene Hooley as the guest speaker. 2) Greeter's Program - October 1, 2004, 7:30 a.m., at North Willamette Valley Mortgage Company located at the corner of Highway 214 and Settlemier Avenue. 3) Crystal Apple Awards - November 12, 2004 at the Holiday Inn in Wilsonville. Nominations are being accepted from the community and a Chamber appointed selection committee will select the recipients for this year's awards. Winners will receive a Crystal Apple Award in recognition oftheir contribution to their schools. 4) Festival of Lights holiday lighting contest will be co-sponsored with the Woodburn Kiwanis Clubs and entry details will be available in mid-November. 5) Annual Retreat of the Chamber Board of Directors will be held in November and community input is being sought in preparation for this retreat. 3075 Richard Jennings, 595 Filbert, stated that he has a problem with the School Zone speed since he goes the 20 MPH speed but he has encountered numerous motorists who ignore the speed limit. He suggested that the Police Department work on a community education program to remind motorists of the reduced speed limit in a school zone in addition to increased traffic enforcement in those areas. 3250 Pravel Patel, Best Western Hotel owner, stated that he had purchased the property three (3) years ago and, while trying to evaluate costs, was told that the water and sewer bill is based on the amount of water used. He purchased a new meter to insure correct water flow readings and, when the sewer bill did not change, was told that the sewer bill was not calculated on the water usage. He stated that he owns an 80-room hotel that has a regular occupancy rate of about 40-rooms. He questioned why hotel/motels should be charged for full rate based on number of toilets rather than on actual use. He also Page 5 - Council Meeting Minutes, September 27, 2004 - COUNCIL MEETING MINUTES SEPTEMBER 27, 2004 TAPE READING expressed his displeasure in the City's unwillingness during the roadway construction period to help the businesses near the 1-5 interchange by installing signs that businesses were open to the north and directing motorists to Evergreen Road as an access to their business. Additionally, the roadway from Evergreen west towards the freeway accesses Wendy's, Denny's and the Best Western. However, the roadway is not that wide and when there is a car waiting in that street to access the Wendy's Drive-In window, there is insufficient room for motorists to drive in opposite directions. He questioned when the City will be widening the roadway to accommodate the traffic flow to the businesses. He also requested that the signs be replaced that would direct motorists to the businesses that have the access road to the north. Mayor Figley stated that both questions are fairly complex and staff is willing to continue the conversation with him to address his concerns. She requested that he put his questions and concerns in writing so that he can get the thorough answer he deserves. 3518 Robert Hayes, 612 N. Cascade Sp 76, stated that he is concern about young kids riding their bicycles with no helmets and, in the evening hours, bicyclists will ride with no lights. He questioned why there is a state law on the books requiring helmets when the police department does not enforce the law. Chief Russell stated that the City still has a helmet program and there are a limited number of helmets that can be provided to children who do not have one. The Police Department is waiting for some additional grant funds to help with this program. If the child is under the age of 16, the parent is responsible and would be the recipient of a citation if one is issued otherwise the youth is cited into juvenile court. Once the traffic unit is up and running, the Police Department will assign motor officers to work an area that has particular concerns. Councilor Nichols expressed his appreciation to the Police Department for their traffic enforcement work in the West Woodburn area since it has made a big difference in their area. 3940 CONSENT AGENDA. A) approve the regular and executive session Council minutes of September 13,2004; B) accept the Library Board minutes of September 8, 2004; C) accept the Recreation and Parks Board minutes of September 14, 2004; D) accept the Claims for August 2004; E) accept the Police Department Statistics Report for July 2004; F) accept the Aquatic Center Revenue Comparison report; G) accept the report on the feasibility application for the Development of Ray and Joan Kroc Corps Community Center; H) receive the informational report on fall Leaf Collection Program; and I) receive information on Ballot Measure 37. Page 6 - Council Meeting Minutes, September 27,2004 - COUNCIL MEETING MINUTES SEPTEMBER 27, 2004 TAPE READING Mayor Figley requested staff to provide a brief summary of this year's Leaf Collection Program. Public Works Manager Rohman stated that this year's program will be similar to what was done last year. There will be two (2) weekly sweepings of the downtown area, Settlemier Avenue, and West Hayes bike path and residents are allowed to rake leaves that are in the public right-of-way into the street for pick-up. Leaves on the property owner's property are not to be raked into the street. It was noted that residents living adjacent to Settlemier Park are allowed to rake the leaves from their backyard into the street for pickup, and leaves that drop in a property owner's front yard from public right- of-way trees can also be raked into the street for pick-up. Residents can also take their leaves to collection sites at Burlingham Park, Senior Estates Park, Cleveland Street Public Works yard, and Legion Park. A flyer will be distributed with all water bills during the month of October to remind homeowners of the Leaf Collection Program. 4432 Mayor Figley stated that it had recently come to the City's attention that the Ray and Joan Kroc Corps Community Center preliminary application for the first-round of review are being taken locally and the committee feels that they should go through the preliminary step to allow the Salvation Army to determine if Woodburn might be a good fit and provide the committee with an opportunity to educate themselves about the program to see if this program would be a good fit for our community. If this program looks promising, the committee will meet with the Park Board and City Council before a final application is submitted. Councilor Bjelland stated that he has visited the Joan Kroc Community Center in San Diego and it is a fabulous facility with multiple buildings and extensive programs for all ages. Councilor Cox questioned if the Council has ever taken a position on a ballot measure and, if so, he suggested that the Council take a position on Ballot Measure 37. Mayor Figley stated that if the Council were to take a position, it is necessary to preserve the integrity and ethical obligations of City employees. Therefore, she requested Councilor Cox to write down the motion and/or any materials for Council consideration since the Council can do as they wish from the bench but City employees cannot take a political position. She agreed that there are some problems with the land use laws and some improvements could be made to local planning and zoning but, as far as she is concerned, having the general public pay millions of dollars to compensate people for imagined slights is just horrible. Councilor Cox stated that he would be glad to undertake this project for presentation at the next meeting. It was the consensus of the Council that there is a need to be cautious on the number of political positions that are taken by the Council but, in this case, they agreed that it would be prudent for them to take a stand on this measure. Page 7 - Council Meeting Minutes, September 27, 2004 - COUNCIL MEETING MINUTES SEPTEMBER 27, 2004 TAPE READING Administrator Brown requested that Councilor Cox make adequate copies of the document he prepares for distribution to the Mayor and Council since the City should not be paying for duplicating costs in including this in the agenda packet. NICHOLS/MCCALLUM... adopt the consent agenda as presented. The motion passed unanimously. 4918 PUBLIC HEARING: CONTINUATION OF NORTHWEST NATURAL GAS COMPANY FRANCHISE HEARING. Mayor Figley called for the continuation of the public hearing at 8: 12 p.m.. BJELLANDINICHOLS... continue the public hearing to the Council's regular meeting of October 25,2004 at 7:00 p.m.. The motion passed unanimously. 5000 PUBLIC HEARING: APPEAL OF VARIANCE CASE FILE NO. 04-10 (2875 NEWBERG HIGHWAY). Mayor Figley declared the public hearing open at 8:13 p.m.. Mayor Figley stated that she has driven by the business and sign in question for many years on an almost daily basis but that will not affect her decision. All of the Councilors declared that they are familiar with the business and sign location. Recorder Tennant read the land use statement required under ORS Chapter 197. Director Mulder reviewed the Planning Commission's final order which would deny the request for a variance from Donald Kelley, applicant, and WESMAR Land Company, property owner, to increase their sign height from 35 foot maximum to 41.5 feet maximum and to increase the 75 sq. foot maximum sign area to 140.4 sq. feet at their business located at 2875 Newberg Highway. He stated that the applicant filed an appeal to the Commission's final order and, as a de nova hearing, new evidence and testimony can be presented by any party. Director Mulder stated that the subject property is zoned as General Commercial (CG) and Wendy's Restaurant occupies the subject site. The applicant owned a 41.5 foot high pole sign that was located on the north edge of Newberg Highway which had been installed prior to the adoption of the previous Woodburn Sign Ordinance. ODOT condemned a portion of the subject site to allow for the widening of Newberg Highway and, as a result, removed the Wendy's sign. The property will be compensated for the property taken as part of the condemnation proceeding which includes the sign that was removed. The sign ordinance in effect prior to July l, 2004, allowed for a freestanding sign up to 35 feet in height and a maximum area of75 sq. feet. It was noted that on the same day that the applicant filed the variance, the applicant filed a separate sign permit application for a new Wendy's sign which is 15'10" high and an area of 54 sq. feet. The sign permit for the smaller sign was approved on June 28,2004 and has been recently installed. He reviewed the Planning Commission's findings on this variance application which are included in the Commission's final order and included in the Council agenda materials. Page 8 - Council Meeting Minutes, September 27, 2004 COUNCIL MEETING MINUTES SEPTEMBER 27,2004 TAPE READING Tape 2 Councilor Cox questioned if the 120-day rule is a factor on this application. Director Mulder stated that it is applicable and the time period will expire on October 15, 2004. Councilor Cox stated that he had heard that WESMAR Land Company had sold this property and, if so, does WESMAR have standing to pursue this appeal. Attorney Shields stated that he did not know if there was a change in property owners and suggested that the applicant answer this question. Councilor Cox also questioned if the smaller sign would be removed if the variance is granted since the ordinance only allows for one (1) freestanding sign per premise. 0186 Don Kelley, attorney representing WESMAR Land Company, stated that he had not heard of any sale of the property by WESMAR Land Company or that they are even in the process of selling the property. With regard to the 120-day rule, they would willing to extend the 120-day period as necessary to allow the Council time to deliberate or further investigate this application. He stated that staffhas prepared a good report and, on the practical side, he expressed his opinion that the decision to deny the variance was unfair since the widening of the roadway created a hardship on the business by not only taking land for the road improvement but removed the sign that had been of the same height that is being requested on the variance. He also included, for the record, a legal memo he had prepared on vested rights expressing his opinion that his client's sign was removed by ODOT therefore the action was not voluntary on the part of his client. In regards to just compensation, he stated that his client will be paid for the sign but the vested right to have the same sign is not the same thing and the impact is the ability to use that is being lost by his client. For the record, he also requested that the Planning Commission record be included in this hearing record in whole. Attorney Shields stated that the entire Planning Commission record is before the Council. Attorney Kelley stated that the record includes three affidavits in the file that provide answers to a number of questions that staff has stated were not answered - (1) a traffic engineer's report, (2) a sign expert's report, and (3) a restaurant operator's report. He mentioned that Mr. Schaffer's report cites that there could be a traffic danger associated with a smaller sign. He argued that a public policy should be established that would allow property owners to replace the sign that was removed at the same height and size when government action required the removal of the original sign. In regards to the 15'10" sign now in place, he stated that he would argue that the application granted by City staff was for a 35 foot sign. The application was not well worded or completed but the property owner had talked about a 35 foot sign with Senior Planner Zwerdling. Her report refers to a this height of a sign but the illustration attached to the application showed a 15 foot high sign. He felt it was wrong to hold the applicant responsible for this hardship when they would not have done anything regarding the sign if the property had not been condemned. He stated that there are signs around this property that are taller than the sign height proposed in the variance. He agreed that the City does have a Page 9 - Council Meeting Minutes, September 27, 2004 COUNCIL MEETING MINUTES SEPTEMBER 27, 2004 TAPE READING problem with sign clutter but that should be done in an orderly way to beautify the City. He expressed his opinion that failure to grant this variance would unduly penalize a property owner because they were required to give up land. He urged the Council to approve the variance so that they can keep the same sign that they had before the property was taken as part of the condemnation proceeding. 0960 Councilor Nichols questioned if the 15 foot sign has been installed rather than the 35 foot sign that was discussed but not granted by staff. Attorney Kelley stated that he has not seen the 15 foot sign but understands that it has been installed. He also stated that the 15 foot sign was ordered as a stop gap measure so a sign would be at the facility, however, they are requesting a variance for the 41.5 foot sign which was at the location previously. They have asked the staff to give them an opportunity to bring the issue before the Council that addresses the staff s decision to grant only a 15 foot sign rather than a 35 foot sign. To date, staff has not responded to give them an opportunity to come before the Council. He will be asking to have that brought back to the Council but did not feel that it should be done until the variance application is taken care of. This whole issue came to the forefront when his client's representative came to the City for a construction permit for a 35 foot tall sign but was told that it could only be 15 foot based on the illustration attached to the application. It is his understanding that there is no appeal process on the sign permit issued by staff. City Attorney Shields stated that this issue is not part of the variance and will need to be addressed separately at a different time even though this issue does have some relevance since it is mentioned in the report. No one in the audience spoke either for or against the application. Attorney Kelley noted for the record that not one citizen has appeared to object to this variance application nor have they written a letter objecting to the sign height. Mayor Figley declared the public hearing closed at 8:53 p.m.. Councilor Cox stated that the issue before the Council relates to the variance on the height of the sign and, as an individual who has tried a number of condemnation cases, the major of damages in a condemnation case is the value of the property taken plus the damage to the remainder of the property caused by the taking. In this case, the fact that they do not have access directly onto the highway will be an element of compensation and, as a result, the arguments regarding the impairment of the profitability and value of their business will be taken care of monetarily. 1462 Mayor Figley stated that the sign ordinance was updated to improve the looks of the east side of the interchange area along with other areas of the City. This ordinance involved a lot of public input and, over time, changes in the roadway by ODOT would reduce the clutter of signs in that commercial area. She was hesitant in making an exception to the new ordinance requirements. Additionally. the Wendy's business itself has a large sign displayed on their building identifying their business whether a freestanding sign is installed or not. Page 10 - Council Meeting Minutes, September 27,2004 COUNCIL MEETING MINUTES SEPTEMBER 27,2004 TAPE READING Councilor McCallum concurred with the remarks made by Mayor Figley and felt that Wendy's has an advantage over other businesses in that area since they have ODOT signs on 1-5 which brings motorists into Woodburn looking for their restaurant. As a patron of Wendy's, he is aware that the construction did have a lot of trials and tribulations but the crowds were still there when he would patronize the business. NICHOLS/MCCALLUM.... variance be denied and the staff be directed to draft an ordinance with findings to support the decision. On roll call vote, the motion passed unanimously. 1712 CITY ADMINISTRATOR EMPLOYMENT AGREEMENT. COX/BJELLAND... authorize the Mayor to execute the new employment agreement to be extended to the City Administrator as purported in the agenda materials. The motion passed unanimously. 1780 COUNCIL BILL NO. 2530 - ORDINANCE AMENDING ORDINANCE NO. 2133. NORTHWEST NATURAL GAS COMPANY FRANCHISE. TO EXTEND ORDINANCE TO NOVEMBER 15. 2004. Councilor Sifuentez introduced Council Bill 2530. 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 Council Bill 2530 duly passed with the emergency clause. 1860 COUNCIL BILL NO. 2531 - RESOLUTION ESTABLISHING NON-UNION EMPLOYEE COMPENSATION. Council Bill 2531 was introduced by Councilor Sifuentez. 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 2531 duly passed. 1920 COUNCIL BILL NO. 2532 - RESOLUTION DIRECTING THAT STOP SIGNS BE INSTALLED ON MERIDIAN COURT AND MERIDIAN DRIVE AT THE INTERSECTION OF HAZELNUT DRIVE. Council Bill No. 2532 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 2532 duly passed. 1977 COUNCIL BILL NO. 2533 - RESOLUTION DIRECTING THAT STOP SIGNS BE INSTALLED ON COZY WAY. NORTH COURT. AND MAPLEWOOD COURT WHERE THEY INTERSECT WITH WEST LINCOLN STREET. Councilor Sifuentez introduced Council Bill 2533. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, Page 11 - Council Meeting Minutes, September 27,2004 COUNCIL MEETING MINUTES SEPTEMBER 27, 2004 TAPE READING the bill passed unanimously. Mayor Figley declared Council Bill 2533 duly passed. Councilor Cox stated that about 1 Y2 years ago he had suggested that stop signs would be appropriate on the intersecting streets that tee into Astor Way but was told at that time that the traffic volume was not sufficient to warrant stop signs. He still feels that it is a dangerous situation and the recently adopted Council Bills would indicate that traffic counts are not important but it is based on minor streets intersecting with important streets. If that is the criteria, then the City should be doing the same thing on Astor Way. 2121 LIQUOR LICENSE CHANGE OF OWNERSHIP: EL ARMADILLO LOCO (550 NORTH FIRST STREET). A change of ownership liquor license application was submitted by Arturo Sanchez DBA: El Armadillo Loco for a limited on premise sales license. COX/BJELLAND... recommend to OLCC that the ownership change be approved. Councilor McCallum questioned if private parties are excluded from this license. Chief Russell stated that dancing is not allowed under the compliance plan Mr. Sanchez signed with the City and the limitation is acoustic versus amplified sound. On roll call vote, the motion passed 5-1 with Councilor Nichols voting nay. 2268 CONSULTANT SELECTION FOR WASTEWATER TREATMENT PLANT OUTFALL MIXING ZONE STUDY. Staff received proposals from CH2H Hill, Inc., Kennedy/Jenks Consultants, and Vigil Agrims Inc. for a mixing zone study to update the City's local discharge limits calculations and heavy metal water quality requirements. Following review of the proposals, staff recommends the acceptance of the proposal from Vigil Agrims Inc.. BJELLAND/SIFUENTEZ... authorize the City Administrator to sign a professional services agreement with Vigil Agrims Inc. to perform the Wastewater Treatment Plant Outfall Mixing Zone Study. Councilor Cox stated that this was not a fixed price contract and there is only $50,000 budgeted for this study. COX/NICHOLS.... amend the motion to add that the total services payable under the contract would not exceed the budgeted amount of $50,000 without further Council authorization. The motion to amend passed unanimously. The motion as amended passed unanimously. 2423 CITY ADMINISTRATOR'S REPORT. 1) Woodburn Development Ordinance Update: Administrator Brown stated that the update has been divided into two sections with one section being fairly minor items of general nature while the other section includes items that have policy choices and will require some Measure 56 notice involving notification of potentially affected property owners. Staff will be scheduling some public hearings before the Planning Commission and Council to discuss and approve any amendments. Page 12 - Council Meeting Minutes, September 27,2004 COUNCIL MEETING MINUTES SEPTEMBER 27, 2004 TAPE READING Prior to the hearings, staff would like follow a similar procedure used when the ordinance was originally developed by working with a Focus Group to review changes. The previous Focus Group was comprised of the Council President, Planning Commission Chair, and a representative from the Real EstatelBuilding industry. It was the consensus of the Council to proceed with the Focus Group concept and Councilor Cox agreed to serve as the Council representative. 2) World War II Airplane: Administrator Brown stated that the City has a World War II vintage trainer plane that has been housed at MacLaren since the 1970's. It is inaccessible to the public at the school and the practical problem he is faced with annually is that the federal government military office contacts the City to complete forms on how the City is maintaining the plane. A couple of years ago he began to look for ways to transfer the ownership of the plane to an agency other than the City. He has been contacted by the City of Baker City who is interested in taking over the plane from the City and, unless the Council objects, he will assist them in disassembling the plane and moving it to Baker City. 3) Executive Search for Chamber Executive Director: Administrator Brown stated that he is on the Executive Search Committee and there were 14 applications received for the position. The Committee will be meeting on Wednesday to discuss which applicants will be contacted for an interview in October. 2948 MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that he was concerned about the Letters to the Editor in Woodburn Independent regarding the condition of sidewalks within the City. He questioned why the City is not keeping the sidewalks in good repair throughout the community. Director Tiwari stated that the sidewalk ordinance requires property owners to maintain the sidewalks on their property. The City does give notice to property owners when staff hears of a hazardous condition and the owners can apply for up to a $500 subsidy towards the repairs. Councilor McCallum invited the public to join the Livability Task Force on October 9th, 8:15 am at the Woodburn High School, to cleanup litter along City streets. The Fire Department is also holding an Open House on October 9th at the newly remodeled main fire station on Newberg Highway. He also stated that the Fire Department has hired Paul Iverson as the new Fire Marshal1. Councilor McCallum also questioned if ODOT had responded back to the City on the Highway 99E median and Park Avenue issues. Public Works Manager Rohman stated that he had not heard from ODOT as of this date. Councilor Bjelland stated that invitations were sent to the Mayor and Council on the upcoming MW ACT Legislative Review session at their first meeting in October. He encouraged the Mayor and Councilors interested in finding out about some of the transportation issues covering the three county area to attend this meeting. Page 13 - Council Meeting Minutes, September 27,2004 ~ COUNCIL MEETING MINUTES SEPTEMBER 27, 2004 TAPE READING 3304 Mayor Figley stated that she has been informed that there is no need for an Executive Session. 3335 ADJOURNMENT. MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:23 p.m.. ATTEST~~ ~ Mary Te t, Recorder City of Woodburn, Oregon Page 14 - Council Meeting Minutes, September 27,2004 -