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Minutes - 01/12/1998 COUNCIL MEETING MINUTES JANUARY 12, 1998 TAPE READING 0001 DATE.( COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNty OF MARION, STATE OF OREGON, JANUARY 12, 1998. CONVENED. The Council met in regular session at 7:00 p.m. with Council President Jennings presiding. 0007 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Absent Present Present Present Present Present Absent Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Police Chief Wright, Finance Director Gillespie, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant 0030 MINUTES. FIGLEyIHAGENAUER.... approve the special Council meeting minutes of December 15,1997; accept the Planning Commission minutes of December 11, 1997 and the Library Board minutes of December 17, 1997. The motion passed unanimously. 0045 PRESENTATION OF AWARD- Included in the agenda packet was a CERTIFICATE OF APPRECIATION to the City of Woodburn from Woodburn Community Access Television (WCAT) for the City's support ofthis program. Council President Jennings stated that the presentation of Christmas lighting awards will be held over until the next regular Council meeting. ANNOUNCEMENTS. The Council will hold a workshop on Tuesday, January 13'" 7:00 p.m., in the City Hall Council Chambers to review budgetary goals. Budget Committee members and the public are encouraged to attend this workshop. Page 1 - Council Meeting Minutes, January 12, 1998 - . COUNCIL MEETING MINUTES JANUARY 12, 1998 TAPE READING 0100 PUBLIC HEARING - PROPOSED SALE OF REAL PROPERTY. Council President Jennings declared the public hearing open at 7:05 p.m.. Administrator Childs presented the staff report which outlined the proposed sale of a small parcel of city-owned real property (Lot 4, Gar-Lad Addition) located between Hardcastle and Lincoln Street and west of Park A venue. This parcel of land is landlocked with no legal access thereby making it oflittle or no use to the City. The property was originally deeded to the City in 1971 by the developers of an apartment complex located adjacent to and south ofthis parcel. The City has no plans to develop this parcel, therefore, proceeds from the sale of the property would be placed in the Parks & Recreation CIP Fund. A property owner adjacent to this parcel, Vladimir Pendov, has offered to pay $1,000.00 for this parcel. If accepted, he will receive a Quitclaim Deed to the property and be required to obtain title insurance for this transaction. In regards to market value of the property, no formal appraisal was obtained by staff due to the property's limited value. However, the prospective purchaser has submitted written opinions from two local realtors on the value of this parcel ranging from $300 to $500, and city officials knowledgeable on real estate matters concur that the value of the parcel is limited. It was noted that this public hearing is required under ORS 221.725 and sale of the property would require a Council resolution to formalize Council action on this Issue. Bob Engle, Attorney representing Vladimir Pendov, stated that he was available to answer any questions the Council may have regarding his client's proposal to purchase the property. No one in the audience spoke either for or against the proposed sale of real property. Council President Jennings closed the public hearing at 7:10 p.m.. PUGHlFIGLEY.... staffbe directed to prepare an appropriate resolution pursuant to ORS 271.310 to be read and passed at the next Council meeting. On roll call vote, the motion passed unanimously. 0291 COUNCIL BILL 1853 - ORDINANCE AFFIRMING THE DECISION OF THE WOODBURN PLANNING COMMISSION. APPROVING SITE PLAN REVIEW APPLICATION #97-09 AND INCORPORATING AN ADDITIONAL CONDITION (APPLICANT: JACK KOHL). Council Bill 1853 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Council President Jennings stated that no additional public testimony would be allowed at this meeting, however, the applicant's attorney had submitted written arguments to the City within seven days of the close of the hearing and those arguments are discussable by the Council. Councilor Figley stated that, having read the written arguments, she would like to amend Page 2 - Council Meeting Minutes, January 12, 1998 'T""- ..._.._._n_~"'_'__""__._~"'_"..___'" ]1 COUNCIL MEETING MINUTES JANUARY 12, 1998 TAPE READING Section 3 of the proposed bill relating to the conditions. FIGLEyIPUGH.... amend Section 3 of the ordinance to read as follows: "That the approval of said Site Plan Application is subject to the conditions contained in Exhibit "B", which is attached hereto and, by this reference, incorporated herein and additional conditions imposed by the City Council as follows: 1. That the fence along the western boundary of the development shall be identical to that along the western boundary of the Henry's Farm Subdivision; and 2. That the Applicant shall modify its landscape plan to include additional evergreen trees which measure a minimum of six feet in height at the time of planting along the western boundary fence in areas in a site line between the patios of the upper units and the backyards of neighboring Senior Estates homes; and 3. That the Applicant shall add privacy screens to all westerly facing balconies of the upper units in Buildings Al and A3, the design of which will be consistent with the design of the western perimeter fence. These privacy screens shall each have lattice tops and shall measure 5'6" from the floor of each balcony to the highest point of the lattice." Council President summarized the motion which modifies the original condition made at the December 15th meeting to make the conditions more definitive with some limitations to assure that the property owners on Astor Way adjacent to the development would not have anyone looking into their backyard. In his opinion, the developer has gone to the extreme to try and make sure that he is a good neighbor. In talking to some residents adjacent to the development after the hearing, the meeting the developer had with Senior Estates only included one individual who lived on Astor Way, therefore, the meeting was not very fruitful in expressing the feelings of the adjacent property owners. Councilor Figley stated that she understood the residents concern for privacy and the applicant, in their written argument, had presented conditions that she is comfortable with which is why she has proposed the amendment to Section 3. Councilor Pugh expressed his opinion that this motion corrects the condition to be imposed by the City on this Site Plan. Councilor Chadwick stated that her constituents are opposed to this site plan, therefore, she would be voting against the bill. On roll call vote, the motion to amend Section 3 passed unanimously. Councilor Pugh stated that it is important for the Council to look at the land use laws imposed upon the City and feels that it is a mistake to give a privilege to one area of town as opposed to another area and the Council needs to look at the City overall. On roll call vote for final passage of the bill as amended, the vote was 4-1 with Councilor Chadwick voting nay. Since the bill was introduced at this meeting and did not receive unanimous approval, it will be brought before the Council for final vote at the next regular meeting. Council President Jennings stated that if 120 days falls before the next regular meeting, a special Council meeting will be called so that final action will be taken before the expiration of the 120 day period. Page 3 - Council Meeting Minutes, January 12, 1998 ~ . COUNCIL MEETING MINUTES JANUARY 12, 1998 TAPE READING 0601 COUNCIL BILL 1854 - ORDINANCE AUTHORIZING AMENDMENT #1 TO A SPECIAL PUBLIC WORKS FINANCIAL ASSISTANCE AWARD CONTRACT FOR WOODLAND AVENUE INFRASTRUCTURE IMPROVEMENTS. Council Bill 1854 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings ofthe bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Council President Jennings declared the bill duly passed with the emergency clause. 0645 COUNCIL BILL 1855 - RESOLUTION ENTERING INTO A FACILITIES ATTACHMENT AGREEMENT WITH PORTLAND GENERAL ELECTRIC FOR INSTALLATION OF FIBER OPTIC CABLE. Councilor Hagenauer introduced Council Bill 1855. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Pugh requested that action on this bill be delayed until staff researches grants or other funding methods for burying the fiber optic cable. Public Works Manager Rohman stated that this bill provides for the rental of space on the utility pole which is the least expensive means to network the Library and Aquatic Center to the City's computer system. To the best of his knowledge, no grant funds are available to provide for the burying of utility lines other than the City of Keizer did utilize funds within their Urban Renewal District to pay for burying cables. Councilor Pugh reiterated that he would like to see all utility lines buried within the City and this is an opportune time to start on this type of long range project. Administrator Childs stated that he had looked into burying of lines and was only aware of Keizer's use of Urban Renewal District funds which is a different type of a property tax. The reason for renting this space is to allow us to move forward with our integration of computer information system upgrade by connecting the Aquatic Center and Library to our network system. On roll call vote for final passage, the bill passed unanimously. Council President Jennings declared Council Bill 1855 duly passed. 0778 COUNCIL BILL 1856 .. RESOLUTION ENTERING INTO A FUND EXCHANGE AGREEMENT WITH THE STATE FOR SPECIAL TRANSPORTATION FUNDS TO REALIGN FRONT STREET INTERSECTION WITH SETTLEMIER AVENUE AND TO REMOVE THE "S" CURVE AT THE BOONES FERRY ROAD RAILROAD CROSSING. Council Bill 1856 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Figley expressed her approval for this project and stated that she will be glad to see the slight curve to the railroad crossing removed. Page 4.. Council Meeting Minutes, January 12, 1998 '-" .....-. JI I COUNCIL MEETING MINUTES JANUARY 12, 1998 TAPE READING On roll call vote for final passage, the bill passed unanimously. Council President Jennings declared Council Bill 1856 duly passed. 0847 COUNCIL BILL 1857 - RESOLUTION ENTERING INTO A JOINT FUNDING AGREEMENT WITH U.S. GEOLOGICAL SURVEY FOR WATER RESOURCES INVESTIGATIONS. Council Bill 1857 was introduced by Councilor Hagenauer. 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. Council President Jennings declared Council Bill 1857 duly passed. 0876 COUNCIL BILL 1858 - RESOLUTION ENTERING INTO A PERSONAL SERVICES AGREEMENT WITH W ALTER J. WENDOLOWSKI TO PROVIDE LAND USE PLANNING SERVICES ON A TEMPORARY BASIS. Councilor Hagenauer introduced Council Bill 1858. 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. Council President Jennings declared Council Bill 1858 duly passed. 0900 COUNCIL BILL 1859 - RESOLUTION GIVING CITY COUNTY INSURANCE SERVICES TRUST NOTICE OF POTENTIAL WITHDRAWAL FROM MEMBERSHIP IN THE SELF-INSURANCE POOL. Council Bill 1859 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1859 passed unanimously. The bill was declared duly passed by Council President Jennings. 0926 OBNOXIOUS VEGETATION ABATEMENT LIEN PROCESS -- Administrator Childs briefly reviewed the enforcement and lien process established under Ordinance 1822. Ifthe City is required to abate the obnoxious vegetation, the Ordinance includes a schedule for assessing costs to the property owner. During 1997, two property owners did not remit the amounts due on their Statement of Costs. The property owners have been notified that this is the meeting date and time in which they can talk to the Council on their specific case. A) Guenter H. Lang et al- Property located at 1422 Hardcastle Ave.: The property owner was not present at this meeting and the City has received no response to letter or Statement of Costs. FIGLEYIHAGENAUER... direct staffto prepare a resolution declaring the Statement of Costs to be correct and impose a lien on the subject property. Councilor Pugh stated that he did not object to having a lien placed on the property, Page 5.. Council Meeting Minutes, January 12, 1998 ~ . COUNCIL MEETING MINUTES JANUARY 12, 1998 TAPE READING however, he questioned if an additional charge should be charged when a lien is actually placed on the lien. This additional charge would be a further inducement for the property owner to comply with the law before a lien is attached to the property. Administrator Childs stated that this would be a separate issue which the Council could explore for future consideration and any changes to the costs imposed would require an amendment to the ordinance. Councilor Pugh stated that it was his intention to bring this issue before the Council for consideration at a future date. The motion passed unanimously. B) Warde Hershberger - Property located in the 2900 block of Stacey Allison Way: Warde Hershberger, 2380 Miller Farm Rd., stated that he had contracted with an individual to cut the tall grass within the 10 days specified by the Notice. The individual had made two passes in the field when the mowing deck had broke. When he was able to return to the site, the property had already been cut by a contractor for the City. In his opinion, the City should have contacted him to see what the status was ofthe mowing since it was obvious that an attempt had been made to mow the property before the City's contract cutter was sent to finish the job. He stated that he does not mind paying the bill for mowing the field, in fact, he had written a check and mailed it to the City made payable to the contract cutter in the amount of the actual cost to mow the field ($52.50) rather than the $125 listed on the Statement of Costs. He reiterated that he did not feel that he received a fair chance of someone contacting him to find out why it was not completely mowed. Councilor Figley questioned the procedure when following up on these notices and whether or not property owners are contacted prior to the contract cutter doing the work. Administrator Childs stated that the written notice is served on the property owner and if the vegetation is not cut and the City has received no response from the property owner, a contract cutter is hired by the City. He stated that he would need to review the ordinance and/or specific notice to see if the City is responsible to contact the property owner or whether the owner should be contacting the City. He also stated that he did not know what the Police Department's specific internal policy has been on this issue. Councilor Figley stated that these two situations are different and she stated that a formal policy needs to be in place and followed by the staff. Police Chief Wright stated that the ordinance is enforced on 150 to 200 different properties and the minimum number of steps to enforce the ordinance is followed. All property owners must be treated the same otherwise staff negates the Council authority and the validity of the ordinance. Since the ordinance does not require re-contacting the property, the question is whether it's the property owner's responsibility to contact the City before the land is mowed or is it the City's responsibility to contact the property Page 6 - Council Meeting Minutes, January 12, 1998 T'" _."--"--'~-" ._--,.._,."..,~_.'~. ~ COUNCIL MEETING MINUTES JANUARY 12, 1998 TAPE READING owners. If an extra step is added, it needs to be applied evenly to all property owners. Council President Jennings stated that this is an opportunity for the Council to hear extenuating circumstances from the property owner before a decision is made to place a lien on the property. In his opinion, the ordinance should not be modified to include an additional step to contact the property owner since the appeal step gives property owners an opportunity to present their case to the Council. Administrator Childs stated that the City had received a check from Mr. Hershberger in an amount he thought should be paid to the contract cutter and the check was made out to the contractor. The City sent the check back to Mr. Hershberger since the contractor had already been paid by the City. After some additional discussion on this specific case, FIGLEY IHAGENAUER... the $52.50 that the City has paid to Mr. Paradis for mowing the property owned by Mr. Hershberger be established as the amount due and that the City be authorized to accept Mr. Hershberger's check in the amount of$52.50 in reimbursement for that expense. Councilor Pugh questioned if the city charge would be waived as proposed in this motion. Councilor Figley stated that it is the intent of her motion to waive the additional city charges due to extenuating circumstances. Administrator Childs suggested that a specific time line be included in the motion in which the amended amount must be paid. Councilor Figley reiterated that she is proposing covering of costs rather than imposing a lien and she amended her motion to include that payment is to be made within 30 days. Councilor Hagenauer agreed to add that the bill must be paid within 30 days. Attorney Shields stated that a resolution would not be necessary unless the established cost is not paid within 30 days. The motion passed unanimously. 1687 ACCEPTANCE OF EASEMENT - CENTENNIAL SUBDIVISION. Staff recommended the acceptance of a utility easement from Windsor Properties Ltd. and Ronald A. Smith which has been conveyed to the City for the relocation of an existing sanitary sewer to the new main at the end of Orchard Lane. FIGLEYIPUGH... accept the utility easement as presented. Councilor Hagenauer questioned the need for the easement at this time since his property which is located adjacent to Centennial Subdivision has not been connected. Public Works Director Tiwari stated that it is his understanding that the sewer service going to the Halter's over the last 10 years or so needs to be brought to public right-of- way. The developers and the Halter's agreed to this connection and the City did not want to disagree with the parties when they had already reached an agreement. Councilor Hagenauer stated that he would come into the Public Works office to discuss Page 7 - Council Meeting Minutes, January 12, 1998 ~ COUNCIL MEETING MINUTES JANUARY 12, 1998 TAPE READING connection location problems he is experiencing as a result of the development. The motion passed unanimously. 1842 ACCEPTANCE OF EASEMENT - HENRY'S FARM SUBDIVISION. Staff recommended the acceptance of a utility easement from Town Investments for the extension of utilities within the development. FIGLEYIPUGH... utility easements described on attachments A and B be accepted as presented. The motion passed unanimously. 1864 ACCEPTANCE OF PROPOSAL FOR FIBER OPTIC CABLING. Staff recommended the acceptance of a proposal from Advanced Communications Technology for fiber optic cabling. The proposal amount was $11,000.00. FIGLEYIHAGENAUER.... accept the proposal of Advanced Communications Technology and authorize city staff to negotiate an agreement for the installation of fiber optic cabling between City Hall, Aquatic Center, and the Library. The motion passed unanimously. 1885 ACCEPTANCE OF PROPOSAL FOR CATEGORY 5 CABLING. FIGLEYIHAGENAUER.... accept the proposal ofCommWorks and authorize the city staff to negotiate an agreement for the installation of category 5 cabling in City Hall. Council President Jennings requested Finance Director Gillespie to explain category 5 cabling. Director Gillespie stated that category 5 cable is a flat cable like the telephone cable and it replaces co-ax cable currently in place. The cable will be able to serve future needs at a desk whether it be adding a phone or computer and will facilitate the telephone project at a later date. The motion passed unanimously. 1968 NEW BUSINESS. PUGHlFIGLEY... direct staff to come back with an ordinance that would impose an administrative cost once a City billing has been processed for removal of obnoxious vegetation and it is not paid within 5 days and a lien is processed. Councilor Pugh stated that there is an additional cost to the City for placing a lien on a parcel of property and there should be an inducement for people to react to making the required payments within the specified time period. He did not have a specific administrative charge in mind, however, he suggested $250.00 as an amount to consider. Administrator Childs stated that one or more ordinances would need to be amended based on the content of the motion. Councilor Pugh stated that he would eliminate the payment within 5 days language within the motion. Page 8 - Council Meeting Minutes, January 12, 1998 r' >....."._..._-~_.,.'.....-,._._.._" ~ . COUNCIL MEETING MINUTES JANUARY 12, 1998 TAPE READING Councilor Figley stated that she does not disagree with the philosophy, however, she would support an enforcement method done by the City of Portland in which an inspector is sent out regularly until the situation is taken care. Each time an inspector is sent out, an additional charge is imposed. Councilor Pugh feels that multiple reinspections could be considered as harassment and may not be as effective whereas an extra cost imposed as part of the lien may result in the owner either paying or challenging the costs. Attorney Shields stated that, based on his recollection, the amounts within the obnoxious vegetation ordinance was enhanced to cover administrative charges involved in the potential imposition of a lien. Councilor Pugh expressed his opinion that an additional charge should be imposed when a lien is actually placed on a piece of property and it should be more than a conservative administrative charge. During a brief discussion, it was the consensus of the Council for staff to review the ordinances in which liens are not automatically applied. The motion passed unanimously. 2394 Council President Jennings requested that an engineer's study be done to see ifit is feasible to post a right-turn only sign at the development under discussion at this meeting (Site Plan Review #97-09) in order to direct traffic towards Boones Ferry Road rather than Astor Way. Administrator Childs stated that he understood what Councilor Jennings was looking for in requesting the study and some sort of a feasibility study would be investigated by staff. Councilor Jennings stated that he did not want to spend a lot of money on this study but did want to know whether or not the right turn only concept would work. 2497 Councilor Jennings also stated that the City of Stayton is hosting a Planning Commission training seminar on January 24th and he urged interested Planning Commission members, Councilors, and staff to attend this seminar which includes topics on land use and transportation planning. 2575 SITE PLAN ACTIONS. A) Site Plan Review #97-14 -Sears Retail Building: No action was taken by the Council on this site plan review. STAFF REPORTS. A) DEQ Public Hearing on City's wastewater permit and related issues: The Department of Environmental Quality (DEQ) will hold a public hearing on January 12, 1998, in the Woodburn Community Center Fireside Room, to receive input from the Page 9 - Council Meeting Minutes, January 12, 1998 T-- '-~"-'._-""~--~~'------'~'-~ ~. COUNCIL MEETING MINUTES JANUARY 12, 1998 TAPE READING public regarding 1) the renewal and modification of the City's National Pollutant Discharge Elimination System (NPDES) Permit, 2) revision of the Pudding River Total Maximum Daily Load (TMDL), and 3) modification of the stipulation and final order (SFO). 2600 ADMINISTRATOR'S REPORT. Administrator Childs requested that Councilors interested in attending the Planning Commission training seminar let him know by early tomorrow. 2648 MAYOR AND COUNCIL REPORTS. Councilor Figley expressed her appreciation to the Public Works Department for their work in sanding the city streets this morning. 2661 EXECUTIVE SESSION. FIGLEYIPUGH... adjourn to executive session to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed under the authority of ORS 192.660(1 )(h), and to consider records that are exempt by law from public inspection under the authority of ORS 192.660(1 )(f). The motion passed unanimously. The Council adjourned to executive session at 8:20 pm and reconvened at 9:23 pm. 2696 FIGLEYIPUGH... City Council direct the City Engineer and City Attorney to meet with D & D Paving to attempt to resolve concerns regarding the Parr Road street improvement contract and, if necessary, report back to the City Council with the results of their meeting. The motion passed unanimously. 2716 ADJOURNMENT. PUGHlFIGLEY... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:25 p.m.. APPROVED r~., _,_. NANCY A. ",,../ ./ .......-'j(~"t-_- ATTEST~ ~~ ennant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, January 12, 1998 -- --,....,'-_.._.._.,_._.._-,-,~~----~ 11 I