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Minutes - 11/08/2004 COUNCIL MEETING MINUTES NOVEMBER 8, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 8,2004. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. In observance of Veteran's Day, she expressed her feelings on the importance of this day especially when our country is at war and military personnel are risking their lives in the service of our country. She offered assistance to local families of military personnel by either providing some help or giving them a name of a person to contact that will be able to assist them. She observed a moment of silence in honor and memory of military personnel who have given their lives in the service of our country. 0130 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Absent Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Community Development Director Mulder, Park & Recreation Director Westrick, Police Captain Tennant, Building Official Krieg, Recreation Services Manager Nugent, Teen Scene Program Manager Steyaert, Recorder Tennant Mayor Figley stated that Councilor Nichols was not in attendance due to illness. 0152 ANNOUNCEMENTS. A) Veteran's Day Closures: In observance of Veteran's Day, City offices and the Library will be closed on Thursday, November 11, 2004. The Aquatic Center will remain open for regular business. B) Planning Commission meetings regularly scheduled for November 11 and 25, 2004 have been cancelled due to holiday observance, however, a work session will be held on November 10, 2004 in the City Hall Conference Room at 7 :00 p.m. and a special meeting will be held on November 18,2004 at 7:00 p.m. in the City Hall Council Chambers. C) Aquatic Center Program "Flick N Float" will be held on November 12, 2004 from 7:00 pm to 9:30 pm and patrons will be able to relax in the pool while watching the movie "Shrek 2". D) Aquatic Center will be closed on November 20, 2004 for a swim meet. Page I - Council Meeting Minutes, November 8, 2004 , .. Y. , COUNCIL MEETING MINUTES NOVEMBER 8, 2004 TAPE READING E) Thanksgiving Day Closures: City business offices will be closed on November 25 and 26, 2004. The Library and Aquatic Center will be closed on Thursday, November 25, 2004. 0220 PRESENTATION: EMPLOYEE INTRODUCTIONS. A) Recreation Program - Recreation Services Manager Nugent introduced Dusky Steyaert as the City's new Teen Scene Program Manager. B) Police Department - Police Chief Russell introduced Captain Tom Tennant who will be overseeing the Support Division of the department which entails police work in all areas other than traffic and patrol. Chief Russell stated that he is still in search of a second Captain who will oversee the work of the traffic and patrol divisions. C) Building Division - Mayor Figley read a letter from Don Judson, Mid Valley Bank CEO, expressing his appreciation of the work done recently by Building Official Steve Krieg who worked with their architect on changes that were needed to the preliminary plan and then he worked over a weekend to finalize their building permit thereby allowing them to stay on their construction schedule for an end of January 2005 opening date. She stated that Mr. Krieg has an enormous work ethic, a great deal of good sense and judgement, and an incredible gift of giving people bad news in a way so that they do not hate him or the City. She appreciated his attributes and stated that he deserved public recognition for his work. 0607 CHAMBER OF COMMERCE REPORT. Doug Hess, representing the Chamber Board, stated that the Chamber is looking to build a strong and vibrant Chamber in partnership with the City. He invited the Council and City staff to contact the new Chamber Executive Director Nick Harvell to provide him with input on the Chamber's positive and negative aspects. The Chamber Board of Directors will be meeting on Wednesday, November 10th, to create a program of work for the coming calendar year. Upcoming Chamber events include the following: 1) Greeter's Program - November 19, 2004 will be held at Simon Cornwell Funeral Chapel from 7:30 am until 9:00 am; 2) Chamber Forum Lunch will be held on November 17th at 12:00 noon, Tukwila Center for Health and Medicine, with guest speakers being Police Chief Russell and Marion County Undersheriff Greg Olson on the topic of methamphetamine use; and 3) Crystal Apple Awards Dinner - November 12,2004. Nominations are being accepted for these awards which will be given to teachers, administrators, and support staff of schools in our surrounding area. He stated that the Chamber is still working on its 2005 Membership Directory and Community Guide in partnership with their Chamber members. He also distributed copies of the Chamber statistics relating to the Visitor's Center which shows the incredible growth in the number of contacts and inquiries coming through their website. Page 2 - Council Meeting Minutes, November 8, 2004 r .. T" T COUNCIL MEETING MINUTES NOVEMBER 8, 2004 TAPE READING 0823 COMMUNICATIONS: LETTER FROM LOCAL STUDENT. Mayor Figley stated that she had received a letter from a local student who urged community members to donate food and/ money to the AWARE Food Bank in an effort help those individuals who are in need of assistance. 0995 Thomas Drewek, 683 Second St., stated that at his last visit to the Council, he had commented on the cost to utilize the Aquatic Center and he requested that the Council look into the attendance records since he did not feel that the number of patrons justify the higher admission prices. He referred to his past experience as a Head Lifeguard and expressed his opinion that the operational costs could be reduced by reducing the number of staff members on duty when the pool is open for public use. He also suggested that the Chamber look into the issue of why one store is allowed to refuse to take back empty cans and bottles that they sell while other larger stores do take back the empty cans and bottles. He objected to a small store making an extra $.05 with each drink sold while the larger store has to payout an extra $.05 for a bottle or can that they may not have sold. He suggested that the Councilor Chamber look into why this is being allowed to happen. Lastly, he had recently received a telephone call from the Woodburn Mini-Storage informing him that his unit, along with a few others, had been broken in to and he is missing about $5,000 worth of items. He arrived at the storage unit at about 1 :00 pm and was told by the management that they had not contacted the Police Department since the Police will only respond to the tenant's call for service. He called the police at 2:00 pm and at 3:00 pm and was told that day shift was busy. He waited until 4:30 pm and still no police officer responded. Three days later, he still has not had an officer contact him about the break-in at the storage unit. He expressed his dissatisfaction with the Police Department since he is unable to obtain a report until there is a conviction but ifthere is no investigation then the criminal is not caught and he is unable to get a report. 1430 CONSENT AGENDA. A) approve the regular and executive session Council Minutes of October 25,2004; B) accept the Planning Commission minutes of October 14,2004; C) accept the Park Ave and Highway 214 intersection report; D) accept the Building Activity report for October 2004; E) accept the Planning Tracking Sheet dated October 29,2004; and F) accept the Annual Review of the Woodburn Development Ordinance report. Councilor McCallum referred to the report relating to the concerns brought up by the Council several months ago about the pedestrian crossing at Park Avenue to the Salud Medical Center and providing more reflectors or some other device to alert motorists of the Hwy. 99E median locations. He stated that ODOT has now responded back to the City stating that a traffic study was done last year with their findings being that the Park Avenue intersection at Hwy. 214 did not warrant a traffic signal and they funds are not available at this time to complete another study nor make any improvements to the area. Page 3 - Council Meeting Minutes, November 8, 2004 , .. T. 1r COUNCIL MEETING MINUTES NOVEMBER 8, 2004 TAPE READING Administrator Brown stated that circumstances are subject to change at that intersection with the approval to build a Police Facility just west of the intersection. Construction of this facility may impact the traffic in the area and the State may be willing to re-evaluate the need in the future. MCCALLUM/COX... adopt the Consent Agenda as presented. The motion passed unanimously. Mayor Figley called for a briefrecess at 7:28 p.m. and reconvened the meeting at 7:39 p.m.. 1621 PUBLIC HEARING: CONTINUATION OF NORTHWEST NATURAL GAS COMP ANY FRANCHISE HEARING. Mayor Figley opened the continuation of the public hearing at 7:40 p.m.. Councilor Cox declared a potential conflict of interest in that he owns Northwest Natural Gas stock worth approximately $6,000.00 but did not feel that it disqualifies him from participating as a Councilor on this issue. Administrator Brown stated that this hearing had been continued over the last few months for the purpose of giving the staff an opportunity to complete the negotiations of a new franchise with Northwest Natural Gas. For all of the time spent on this document, there is very little significant difference between this document and the one that has been in place for the last 10 years. Staff has focused on maintaining the City's rights that were included in the prior franchise ordinance. He stated that the City was interested in (1) maintaining our ability to regulate the work and to make sure that any disruption of the right-of-way was corrected to the City's satisfaction, (2) the Public Works Department and City Engineer's office were adequately involved in the opening or closing public rights-of-way, and (3) to maintain the City's right to charge both a franchise fee and a privilege tax. Northwest Natural Gas was looking for more flexibility in the use of the right-of-way and less coordination with the Public Works Department, and, more significantly, asking that work required of them because of private development be compensated by private development. The proposed franchise ordinance would provide for location and relocation of the utility's facilities to be paid for by private parties or a private development where the location or relocation is for the benefit of a specific party or development. He stated that the reason for the short break before this hearing was to give the Council revised verbiage for Section 12 since gross revenue needs to be defined in the proposed bill. Staff is proposing that the language from the current ordinance replace the language in the proposed bill. Councilor McCallum stated that he understood their need for confidentiality but questioned if the City would be able to obtain the maps and lines in the case of an emergency. Attorney Shields stated that staff had expressed their concern about public works having access to the plans and the new ordinance provision does layout the foundation that Page 4 - Council Meeting Minutes, November 8, 2004 , ~ T T' COUNCIL MEETING MINUTES NOVEMBER 8, 2004 TAPE READING needs to be laid under the public records law to control access to the documents but the City still has the documents. This language is similar to what has been adopted by the City of Tigard in their franchise ordinance with Northwest Natural Gas. Administrator Brown stated that the proposed ordinance does allow the City to perform an audit of their financial records at the expense of the City unless it is found that the franchisee has shorted the City in the calculation of their fees. In regards to the tax, it is a combination of a 3% franchise fee and 2% privilege tax. The franchise fee is a fee paid to the General Fund for the use of the right-of-way and the privilege tax is a fee paid into the Public Works fund for road and right-of-way projects. Councilor Lonergan questioned if the City ever receives any complaints regarding the service provided by the franchisee. Administrator Brown stated that he had not received a complaint on Northwest Natural Gas during his tenure with the City. No one in the audience spoke either for or against the proposed franchise ordinance. Mayor Figley declared the public hearing closed at 7:51 p.m.. BJELLAND/MCCALLUM... Council adopt an ordinance granting a non-exclusive gas utility franchise to Northwest Natural Gas Company and fixing the terms, conditions, and compensation of such franchise. On roll call vote, the motion passed unanimously. 2522 COUNCIL BILL NO. 2541 - ORDINANCE GRANTING A NON-EXCLUSIVE GAS UTILITY FRANCHISE TO NORTHWEST NATURAL GAS COMPANY. Councilor Sifuentez introduced Council Bill 2541. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. BJELLAND/MCCALLUM... amend Council Bill 2541 by substituting the new Section 12 (1) which was distributed to the Council at this meeting. Councilor Cox stated that the language in the current ordinance had somehow been deleted by the word processor when documents were being re-drafted during the negotiations process and the amendment replaces the sub-section of Section 12 by putting back the language from the current ordinance. City Attorney reiterated that Section 12 (1) from the current ordinance will be inserted into the ordinance before the Council, and he then read the section into the record. On roll call vote, the motion to amend the ordinance passed unanimously. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared the bill duly passed with the emergency clause. 2935 COUNCIL BILL NO. 2542 - ORDINANCE AMENDING ORDINANCE NO. 2060 (THE WOODBURN PARK ORDINANCE) TO MODIFY THE PARK EXCLUSION PROCESS. Council Bill 2542 was introduced by Councilor Sifuentez. The two readings of the bill were read by title only since there were no objections from the Council. Chief Russell stated that the Police Department, along with the Parks Department, have Page 5 - Council Meeting Minutes, November 8, 2004 .. y' 1r' COUNCIL MEETING MINUTES NOVEMBER 8, 2004 TAPE READING presented this bill to the Council for review and approval. The existing ordinance included provisions that were subsequently ruled unconstitutional in federal civil court and the proposed amendments to the current ordinance includes the changes required by the federal court. Councilor Cox questioned how many park exclusion orders have been written. Chief Russell stated that there have been about 6 orders written over the last 12 months. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2542 duly passed with the emergency clause. 3113 OLCC LIQUOR LICENSE: THE BUNKER BAR & GRILL. INC. (1575 MT. HOOD AVENUE). Staff recommended that the Council recommend to OLCC the approval of a full on premise sales liquor license to The Bunker Bar & Grill (owners Terence Priser and Mark Wolf). BJELLAND/COX... recommend to OLCC approve a liquor license application for The Bunker Bar & Grill Inc.. Councilor McCallum stated that it was his understanding that there was a separation between the bar / dance area and the family dining area. Chief Russell stated that the plans as drawn show the restaurant in the front part of the building, the lounge area in the rear with a mezzanine area. It was his understanding that the dancing will not start until 9:00 p.m. and the proprietor had mentioned to him that they are looking at ballroom style dancing in an effort to reach out to certain segments of the community. Councilor McCallum stated that the City has added a number of outlets over the last two years and one of the key points is scrutiny from our law enforcement. He questioned how often the liquor establishments are scrutinized by the Police Department. Chief Russell stated that his staff does about 9-20 bar checks on a monthly basis. If there is an issue involving specific establishments, those establishments would take more of a precedence for bar checks than other licensees. Councilor McCallum stated that he does have concerns regarding the number of establishments in the Highway 99E area, however, the owners ofthis establishment have entered into a voluntary compliance agreement that seems to be very strong. It was noted that OLCC receives a recommendation from the City on an application but OLCC makes their own decision on the application. The staff recommendation is based on the criteria established by Council policy and on adopted OLCC law. On roll call vote, the motion passed unanimously. 3696 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission approval of Planned Unit Development 04-04 (Hazelnut / Miller Farm PUD): Modification of Phase I ofPUD Case File No. 92-01 Page 6 - Council Meeting Minutes, November 8, 2004 ~ ... T COUNCIL MEETING MINUTES NOVEMBER 8, 2004 TAPE READING B) Planning Commission approval of Design Review 04-17 and Variance 04-24 (965 and 1025 N Boones Ferry Rd): Woodburn School District request for pole signs with reader board C) Planning Commission approval of Conditional Use 04-09 (1741 Mt. Hood Avenue): Allowance of payday loan establishment in a General Commercial (CG) zone Councilor Cox referenced the School District proposed signs and stated that the Council should recognize that a break is being given to the School District that would not be given to private business in the same circumstances. 3811 CITY ADMINISTRATOR'S REPORT. (A) Sale of Property to Habitat for Humanity: Administrator Brown stated that several years ago the City did an appraisal of properties owned by the City that might be considered as surplus property. One of the properties identified was a 2- lot parcel located on Gatch Street just south of Lincoln Street and the Mill Creek area. Much of the property is a slope to the bottom of the creek area and some of the land is in the wetland. Additionally, some of the property contains fill from various City projects from the dumping of soil and other materials over the years. The appraisal suggested that there might be adequate space for 2 lots depending upon what could be done with compaction and wetland issues and a fair value might be $30,000 for each lot. The report also cautioned the City that an environmental analysis indicated that the fill may contain some materials that it should not have when it was dumped. A level I analysis was done and it was found that there were some things that might need to be excavated such as buried chunks of asphalt but it was not of great concern to the consultants. There are some issues to the usability of the property and the potential need for an engineered foundation in order to site a home on the property which may make the property less desirable to sell. The Habitat for Humanity is interested in doing a project in W oodbum and they had approached the City to see if development fees could be waived or reduced. An option available would be to sell one of the lots for an amount less than the appraised value such as $15,000 but they would be required to pay the full development fees which is about $15,000. If the Council would agree to selling the property at a reduced price, then staff proposes that a lot line adjustment be made to bring those two lots into a different configuration where the one facing the street would be smaller and more like a normal city lot size. This would then bring the property in away from the slope and wetlands. The City would maintain a 20 foot easement for the purpose of getting into the City property to the creek bottom for future potential development of the greenway. Mayor Figley expressed her support for the potential sale of the property as described by the City Administrator. Councilor Cox questioned if the property remaining would be for future public use rather than selling the land to another private party. Page 7 - Council Meeting Minutes, November 8, 2004 .. Y. 1r COUNCIL MEETING MINUTES NOVEMBER 8, 2004 TAPE READING Administrator stated that there are a number of development issues with the remainder parcel. He also stated that the a sales agreement would include language that ifthere was a problem with the property and the organization was not going to be able to use it, then the property would be returned to the City for sale price rather than allowing it to be sold to another party. It was the consensus of the Council to allow the City Administrator to move forward with the negotiations for the sale of the property to the Habitat for Humanity. (B) Administrator Brown thanked the voters of the City for the approval of the bond issue and he appreciated their confidence in the City. He also thanked the "Yes On" Committee that worked hard to get the measure passed and the next step is to build the facility. He reviewed the following list of work that will need to be done in the near future that would culminate in the constmction of the facility: 1) meet with the Financial Advisor and Bond Counsel to look at the timing of the bond Issue; 2) pay the debt on the property and reduce the interest being paid on the interfund loan; 3) relocation of the driveway to the far east property line and public works staff will start the negotiating process with ODOT for an access permit in addition to laying out the parameters for the traffic impact analysis; 4) pre-design work has been done on this project but there is a need for an architect to complete the final design work and prepare a final document which will be put out to bid; 5) second access issue will be addressed during the design phase; 6) determination will need to be made if construction management will be done by the architectural firm or whether an independent construction manager will be hired to oversee the project; 7) preparation of the bid document, release of the bid, evaluation ofthe responses, and ultimately the award of the bid. It is anticipated that the facility will be completed and ready for occupancy by the end of the calendar year 2006. Councilor McCallum stated that the bond issue was sold on the need to get something done soon but he was pleased to see that staff is looking out for the taxpayer when determining a favorable time period in which to sell the bonds. The City team on the financing portion of this project will consist of the City Administrator, City Attorney, Finance Director, and City Recorder. The Police Chief and City Administrator will be in charge of architect and constmction managers on this project. Councilor McCallum suggested that stafflook into having an independent Constmction Manager rather than relying on the architectural firm. Chief Russell also thanked the public and the "Yes On" Committee for their support of this project. Page 8 - Council Meeting Minutes, November 8, 2004 l' .. T'. l' COUNCIL MEETING MINUTES NOVEMBER 8, 2004 TAPE READING 5351 3) Chief Russell responded to comments made earlier by Mr. Drewek. He stated that the department has responded to and continues to respond to burglaries at storage units and owners do not need to be present but the owners are the ones who are able to tell the officer what has been stolen. There continues to be calls at storage units involving community property issues whereas a husband and wife in some sort of a domestic dispute do not agree as to who owns what property and the Police Department needs to be careful as to how this type of call is handled by the officer. In regards to availability of police reports, State law and department policies say that any police report when the case is closed (i.e. arrest has been made or closed because there is no ability to further the prosecution) the report is available to the public. Cases that remain open are not available and the public would need to contact the District Attorney's office. Lastly, he stated that the department was very busy last Friday and the department did try to make contact with Mr. Drewek on a couple of occasions but were unable to make the connection. Staff will contact him to take the case. Mayor Figley expressed her appreciation for the clarification and reminded the public that, a number of years ago, the Council did make a policy decision to put property crimes at a lower priority since calls in progress need to be attended to by the police staff. Councilor McCallum also stated that, when working on the police facility bond issue, many of his constituents had mentioned that they appreciated the contact and follow-up from the Police department when they called in a complaint. 5853 Memorandum Opinion on Ballot Measure37: Attorney Shields stated that he had prepared this memo in an effort to provide the Council some preliminary information on this measure which will take effect on December 2, 2004. The Council will be addressing this issue over the next few weeks. 6040 MAYOR AND COUNCIL REPORTS. Mayor Figley expressed her appreciation to the voters for the passage of the police facility bond issue. She also thanked the voters for her re-election as Mayor and stated that it was a privilege to serve the Woodburn community. Councilor Lonergan thanked the Police Chief for responding with a memo on some different complaints in the packet. Councilor Bjelland also thanked the voters who voted for him to continue serving in his Ward. He stated that his term on MW ACT expires December 2004 and if the Council so desires, he is willing to continue to serve on MW ACT. In regards to MW ACT, he stated that in the 2006-07 Pedestrian Bicycle Program recommended projects, Woodburn's 2nd phase of the sidewalk project on Highway 214 (completion of pedestrian ramp to N. Front Street) has been forwarded to the state-wide level for approval ($480,500 grant). A public hearing will be held before MW ACT at their next meeting on the applications for the Traffic Enhancement Program. The City submitted a grant application for the 3rd phase of the Highway 214/ Progress Way project ($622,400) and suggested that the City Page 9 - Council Meeting Minutes, November 8, 2004 ~ T T COUNCIL MEETING MINUTES NOVEMBER 8, 2004 TAPE READING have a representative at the hearing to present testimony in support of this grant application. He stated that this 3rd phase would be the final link provision of sidewalks on both sides of Highway 214 out to Highway 99E and access to Front Street. It was noted that the initial grant was for over $1 million and, if all phases are completed, the total cost will be over $2 million to improve the pedestrian ways along Highway 214. The MW ACT public hearing will be held on December 8, 2004. Councilor Bjelland stated that it would be beneficial to have one person presenting the City's grant application and then have letters from other interested parties in support of this project. MW ACT will be making a decision on the recommended projects following the hearing. Tape 2 Councilor Sifuentez also thanked her constituents for giving her the opportunity to serve another term on the Council. She also stated that she had attended the League of Oregon Cities Conference and the topic of discussion was Measure 37 which was recently passed by the voters. She reported that attorneys are looking at the issue to see how it would affect local cities. She also stated that attendance at the conference does re-engerize her since it reinforces her belief in making the community a better place to live. Councilor Cox stated that he had received some calls from Senior Estates residents regarding City crews picking up garage sales signs that are placed in the public right-of- way. He stated that the public right-of-way does extend 8-10 feet back from the curb line and, even though it has been the law that signs are not to be in the right-of-way, he felt that the planner hired to enforce the sign code should focus on addressing the many other implementation problems identified in the sign ordinance. He reiterated that it is against the law to place the garage and real estate signs in the public right-of-way. 0319 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(h) and ORS 192.660(1)(f). MCCALLUM.lSIFUENTEZ.... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 8:48 pm and reconvened at 9:05 p.m.. 0340 Mayor Figley stated that no action was taken by the Council while in executive session. In connection with the Baker vs City of Woodburn case relating to the Woodburn Stores reimbursement district issues and the points raised in the Court of Appeals in directing a remand to clarify that matter and bring it to conclusion, COX/MCCALLUM....direct the Public Works Director to prepare a report clarifying the issues raised by the Court of Appeals and file a report with the Council in response to those issues. The motion passed unanimously. Page 10 - Council Meeting Minutes, November 8, 2004 r . TO' 1 COUNCIL MEETING MINUTES NOVEMBER 8, 2004 TAPE READING 0438 ADJOURNMENT. BJRLLAND/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:07 p.m.. APPROV ATTEST /}7~ ~ Mary Ten nt, Recorder City of Woodburn, Oregon Page 11 - Council Meeting Minutes, November 8, 2004 . ,... ,