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Minutes - 08/08/2005 COUNCIL MEETING MINUTES AUGUST 8, 2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 8, 2005. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0025 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Absent Absent Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Park & Recreation Director Westrick, Police Captain Blevins, Finance Director Gillespie, Interim Community Development Director Zwerdling, City Recorder Tennant Mayor Figley stated that Councilor Nichols was out of town on a family emergency and Councilor McCallum was on vacation. 0065 ANNOUNCEMENTS. A) Music in the Park: 1) Kim Angelis & Josef - Library Park, August 9, 2005 beginning at 7:00 p.m.. 2) Estella & Alberto - Library Park, August 16, 2005 beginning at 7:00 p.m.. B) Walt's Run will be held on Saturday, August 13, 2005, 8:00 a.m., at Centennial Park C) Public Hearing regarding the sale of property located at 202 Tout Street will be held before the City Council on August 22,2005 at 7:00 p.m.. 0110 CHAMBER OF COMMERCE REPORT. Nick Harville, Chamber Executive Director, stated that the Visitor's Center opened on August 1,2005 and they are averaging 79 visitors per day. Additionally, they have moved more than 5,000 pieces of literature over to the new Center to keep it stocked. He also read a letter he recently received from a local business owner who volunteered some time at the new center and this business owner was very excited about the number of individuals who had stopped by the Center asking questions about Woodburn and the surrounding area. The official Grand Opening will be held on Tuesday, August 9th, at 10:00 a.moo The NorthWillamette Valley Tourism Alliance sub-committee will be working with Bill Baker to begin a Brand Identity process and they will begin identifying focus groups Page 1 - Council Meeting Minutes, August 8, 2005 - COUNCIL MEETING MINUTES AUGUST 8, 2005 TAPE READING within the various communities to give the sub-committee input on what they feel should be included in the target market. This is a major investment of time and money of the 12 communities represented and the 23 members of the sub-committee. The project is scheduled to be concluded in April 2006. The Chamber is also working with the Woodburn Downtown Association (WDA) on a visioning process for downtown. The tree lighting problem along Front Street has been solved and work will be done on a Saturday in the near future to fix the problem. He also thanked the City for their help and cooperation with the new Visitor's Center. 0290 WOODBURN SCHOOL DISTRICT REPORT. Jeanne Hahn informed the Mayor and Council that she had accepted a Communications Specialist position with the McMinnville School District and will be starting employment with them on August 11th. She thanked the Mayor and Council for their support and friendship over the years not only for her personally but for the time she had been working for the School District. She also announced that her replacement, Patricia Martinez, is a former principal for Reynolds School District. There has been some shifting of position responsibilities, and, as a result, Ms. Martinez's title is Director of Community and Parent Outreach. 0414 CONSENT AGENDA. A) approve the regular and executive session Council meeting minutes of July 25,2005. BJELLAND/COX... adopt the consent agenda as presented. The motion passed unanimously. 0440 PUBLIC HEARING: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION (Hazelwood Estates). Mayor Figley declared the public hearing open at 7:08 p.m.. Finance Director Gillespie provided a summary of the staff report regarding this proposed CDBG grant application. The Marion County Housing Authority would like to construct a 32-unit senior apartment housing complex on Carol Street with the major funding for this project through the State Department of Housing and Community Services. The Housing Authority is also proposing that the infrastructure (street, water, and sewer line improvements) be funded through CDBG funds. Administrators for these funds have determined that the City will need to apply for the funds since the improvements will become City property. The project will require no City funding and the road improvements are included in the City's Capital Improvement Program for the current year. Administration of the grant will be through the Council of Governments (COG) and Ray Teasley from COG was in attendance to answer questions on this proposed application. Councilor Bjelland questioned if the entity writing the CDBG grant is the Oregon Housing and Community Services or Economic Community Development Department Page 2 - Council Meeting Minutes, August 8, 2005 COUNCIL MEETING MINUTES AUGUST 8, 2005 TAPE READING since he is an employee of the Housing and Community Services Department and he needed clarification on the funding source before he continued participation on this issue. It was noted that the grant would be through Economic Community Development Department. Councilor Cox questioned if staff felt that this would have minimal impact on city staff administration time. Finance Director Gillespie stated that the City had previously been the grant administrator for the Cipriano Ferrel project and, in this case, staff feels that there will be less staff time involved. Ray Teasley, COG, stated that the Marion County Housing Authority is asking the City to sponsor an application on their behalf and the purpose of this hearing is to hear comments from the public on the proposed application. Once the hearing is concluded, the City can make a decision as to whether or not to move forward with an application for this project. No one in the audience spoke either for or against the proposed application. Mayor Figley declared the public hearing closed at 7:14 p.m.. BJELLAND/COX... direct staff to submit, in cooperation with the Marion County Housing Authority, a Community Development Block Grant application. The motion passed unanimously. 0773 COUNCIL BILL NO. 2584 - RESOLUTION DECLARING THE CITY'S INTENT TO REIMBURSE EXPENDITURES FOR LOCAL IMPROVEMENT PROJECTS WITH PROCEEDS OF FUTURE ISSUES OF BONDS OR OBLIGATIONS. Councilor Sifuentez introduced Council Bill 2584. 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 2584 duly passed. 0840 ACCEPTANCE OF PROPERTY DEDICATION - KATHRYN'S ESTATES SUBDIVISION (Case No. 04-0n. Public Works Director Tiwari stated that the property to be dedicated has been used for park purposes and storm water detention since 1989, however, the property owner, Sage SG, Inc., has the right to revoke the existing license agreement. As part of a final plat approval for Kathryn's Estates Subdivision, the property owner needs to comply with a condition that the area be dedicated to the City once the plat is recorded with Marion County. Councilor Cox questioned the City's role in maintenance of the area proposed to be dedicated to the City. Director Tiwari stated that this was one of the first detention areas built within the City and the City has been maintaining the area since it was originally built. The area will continue to be used as play area during the summer months and detention area for storm water during the winter months. Page 3 - Council Meeting Minutes, August 8, 2005 COUNCIL MEETING MINUTES AUGUST 8, 2005 TAPE READING BJELLAND/COX... authorize the City Administrator to accept the property dedication of "Tract A" as shown on the preliminary plat of Kathryn's Estates Subdivision from Sage SG Inc. to the City of Woodburn. The motion passed unanimously. 0999 INTERGOVERNMENTAL AGREEMENTS WITH MARION COUNTY. Staff recommended that the City enter into intergovernmental agreements with Marion County for (1) continued plumbing and electrical program support and (2) for structural and mechanical inspections and plan reviews on a as-needed basis. BJELLAND/COX.... authorize City Administrator to sign intergovernmental agreements (IGA's) with Marion County for (1) plumbing and electrical progam support and (2) structural/mechanical inspections and plan reviews once the language of the IGA's has been finally agreed upon. Councilor Cox stated that the City Administrator is being given discretion to decide on the actual final version but he is comfortable with approving this motion since he (1) trusts the City Administrator and (2) the Council is basically continuing an agreement that has been in place previously. The motion passed unanimously. 1053 INTERGOVERNMENTAL AGREEMENT FOR SCHOOL RESOURCE OFFICER. Staff recommended that the City enter into a renewal agreement with the Woodburn School District for School Resource Officer services whereby the District would pay approximately 80% of salary and fringe benefit costs for this position. BJELLAND/LONERGAN... authorize the City Administrator to sign an agreement with the Woodburn School District for School Resource Officer services. Councilor Cox stated that agreement will continue of a very successful program. The motion passed unanimously. 1107 UNION PACIFIC RAILROAD PIPELINE CROSSING AGREEMENT. BJELLAND/SIFUENTEZ.... authorize City Administrator to execute a pipeline crossing agreement with Union Pacific Railroad. Councilor Cox stated that he did not like the agreement as drafted by Union Pacific and submitted to the City. The agreement is necessary for a project in which the City would be investing $190,000 and Union Pacific would only be issuing a license to the City which could be revoked by the Union Pacific without any reason with a 30-day notice. If the license is revoked, the City would be required to remove the pipeline crossing at the City's expense. He also objected to the $2,400 one-time license fee which he did not feel the City should pay based on terms and conditions outlined in the proposed agreement. He suggested that the City try to negotiate with Union Pacific to get something more permanent than a 30-day revocable agreement. He also suggested that staff explore the City's rights as a public body as it relates to eminent domain to require Union Pacific to Page 4 - Council Meeting Minutes, August 8, 2005 - COUNCIL MEETING MINUTES AUGUST 8, 2005 TAPE READING give the City a permanent easement. He suggested that this proposed agreement be tabled until the legal questions are answered and, in the meantime, staff work with Union Pacific to see if they are willing to negotiate further with the terms of the agreement. Councilor Lonergan agreed with comments made by Councilor Cox and questioned staff if there were other agreements in place similar to this proposed agreement. Director Tiwari stated that Union Pacific is requiring the same language from Portland General Electric (PGE) which PGE has already agreed to. The City had previously entered into agreements with Southern Pacific (which has now been purchased by Union Pacific) and even though the wording is a little different, their agreement with the City is that, at the railroad's option, they will remove the pipeline and bill the City for the cost of the removal. He stated that he is willing to talk to Union Pacific representatives to see if they are willing to work with the City in modifying the language to address the concerns of the Council. Mayor Figley questioned if there had been any relocation of City lines either forced or demanded by the railroad. Director Tiwari stated that there has never been a requirement from the railroad to remove city lines unless, like in this case, there was a reason to remove or add a new line for city services. Councilor Cox stated that his concern is that, even though the railroad may not have any intent on removing lines at this time, circumstances may change in the future that would result in a change of Union Pacific policy and the license agreement could be terminated thereby requiring the removal of the lines. The City has a substantial investment of public funds in this project and he objected to paying premium dollars for a license fee when Union Pacific can require the City to remove the pipeline with a 30-day notice. He suggested that the City Attorney look into the rights of the City in this type of case since, if it was any party other than the railroad, the City could state the public purpose need, provide the declaration of intent to acquire it for public purpose and a monetary offer, and, if it was not accepted, a condemnation case could be filed. Even though a condemnation case is not the method in which the City normally follow, he would like to know if the City has the right to pursue a condemnation case against the railroad. He would not object to the fee for a permanent easement but reiterated his objection to paying the fee for a license agreement. Councilor Bjelland requested staff to also look into prior Union Pacific agreements for other type of city services that required an underground crossing. Director Tiwari stated that staff wi1llook into the language of existing agreements not only with our City but with other public agencies. It was also noted that, in addition to the proposed license fee, the railroad also requires that the City reimburse them for costs incurred in having a railroad inspector present at the site whenever boring for the underground line is being done. BJELIAND/SlFUENTEZ.... table this agreement until the next regular Council meeting. The motion passed unanimously. Page 5 - Council Meeting Minutes, August 8, 2005 - COUNCIL MEETING MINUTES AUGUST 8, 2005 TAPE READING 1938 LIOUOR LICENSE CHANGE OF OWNERSHIP: FONZIE'S DELI. 1585 N. Pacific Hi~hway. Premier Deli Services LLC submitted a change of ownership application for a Limited On Premise Sales liquor license at Fonzie's Deli located at 1585 N. Pacific Highway. BJELLAND/LONERGAN... recommend to OLCC the approval of a change of ownership application for Fonzie's Deli. The motion passed unanimously. 1986 MAYOR AND COUNCIL REPORTS. On behalf of the St. Luke's Guadalupe Society, Councilor Sifuentez presented the City with a $1,000 donation for the Downtown Plaza. Mayor Figley expressed her appreciation to the Guadalupe Society for their generous contribution to this City project. 2020 Mayor Figley stated that the Executive Session as listed on the agenda will not be held since the City Attorney has informed her that there is no need to discuss the litigation at this meeting and, with the absence of the City Administrator and two Councilors, Attorney Shields has requested that his evaluation be held over to the next meeting. 2074 ADJOURNMENT. BJELLAND/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:35 p.m.. ~ ATIEST /~~ ~~ Mar/Ten nt, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, August 8, 2005