The regular meeting was called to order by Mayor Young at 7:30 p.m. Mayor Young delivered the invocation and led the flag salute.

COUNCIL MEMBERS PRESENT:

Mayor Cheryl A. Young

Councilor Bob Schmor

Councilor Marian Calnon

Councilor Bill Guy

Councilor Gary Hudson

COUNCIL MEMBERS ABSENT:

None

ALSO PRESENT:

Leahnette Rivers, City Administrator/Recorder

Jim Bundy, Public Works Superintendent

ATTORNEY PRESENT:

None

A quorum was present and due notice had been published.

None

AGENDA ITEM 3 CITIZEN INPUT:

3.1 Improvement Permit within City Right-of-Way: The City Council reviewed a request dated March 9, 2001, from Finos and Earline Lunsford for an Improvement Permit to build a retaining wall within an unimproved right-of-way on property located at 2210 First Street. In the letter, Mr. and Mrs. Lunsford explained that they would like to build a retaining wall on the northeast side of the alley, which would be approximately four feet in height at the highest point. They said the reason for the wall would be to level the ground and maintain control of the blackberry vines and morning glory, which grow uncontrolled in the right-of-way. They said due to the steep slope of the alley, it cannot be mowed safely, and becomes an endless battle to have a decent looking back yard. Leahnette explained that if the Council approves the request, an agreement will be entered into and recorded which indicates that the City can request that the improvements be removed, at the applicant's expense, at any time.

Councilor Schmor asked if the plan was to place the retaining wall in the center of the alley. Leahnette Rivers noted that there is no plot plan accompanying the request, and the letter specifies the northeast side.

Selma McNeely of Scappoose explained that she and her husband own a lot adjacent to the Lunsford's property towards the river. She said she does not know why they are complaining about blackberries because her husband maintains their lot. She said Mr. Lunsford plans to put the retaining wall next to their lot, so they will not have access to the back of their lot, and he will have control of the entire alley, while they will have control of none of it. She said they would like to object to the issuance of this permit. She said they do not currently use the alley, but they are not willing to give up their ability to use it in the future. She said they are not living there at this time, but they intend to at some point in the future.

Jim Bundy said he has looked at the site, and he did not realize the retaining wall would run the full length of the property.

Councilor Schmor suggested the Council require the Lunsfords to submit a plot plan before a decision is made.

It was the consensus of the Council that the Lunsford's submit a plot plan for further consideration at the April 5, 2001 Council Meeting. Mayor Young invited Mr. and Mrs. McNeely to attend that meeting.

H. McNeely of Scappoose said he thought the alleys belonged to everybody, and provided the public with free access.

Leahnette Rivers noted that Harold Olsen will also be present at the next meeting, and she said he has expressed an interest in hearing from adjacent property owners when a request of this nature comes in. She said Mr. Olsen may be concerned about the Council authorizing this permit to use public land if objections are filed by other interested property owners.

Hudson Franchise Agreement: Jason Hudson of Hudson Garbage Service referred to his letter dated March 15, 2001, asking the City Council to consider renewing the current franchise agreement with Environmental Waste Systems for a new ten-year period. Mr. Hudson explained that the current franchise agreement will expire during the year 2002. He said they are looking at putting some new equipment on line in July. He said it is difficult to finance new equipment over five years if the franchise agreement doesn't cover that period of time. He said they are also considering a curbside yard debris service in St. Helens. He said this would involve another cart that would be placed at the curb. He said if they do move forward with this option in St. Helens, they will also offer it to Columbia City residents.

It was the consensus of the Council that they would be willing to negotiate a new contract at this time.

4.1 Parks Committee: Chair Calnon said the Parks Committee would like to move forward with the development of a Parks Master Plan. She said the Committee reviewed a proposal from CIDA to complete the work for $5,181. She said the Committee recommended the Council move forward with accepting the proposal if the references indicate that CIDA's past performance has been satisfactory. Leahnette Rivers said she did check CIDA's references and they were all good. Chair Calnon also reported that the Committee discussed how to finance needed projects. She said they have a plot plan ready for other improvements to Harvard Park, and they want to move forward with completing those improvements.

4.2 Water Source and Development Committee:. Chair Guy said the Water Committee has not met recently. Leahnette Rivers said the engineer will be here tomorrow to begin fieldwork on the Reservoir Siting Analysis. She said they are also preparing a scope of work for the Water Rate Study. She said the contract documents are being prepared for the drawdown test work, and the project will go to bid very soon.

Jim Bundy said the bottom of the well has been grouted in, and the water quality field tests show some improvement. He said they are struggling with what they will do with 215 gallons per minute of water during the drawdown testing.

Councilor Schmor asked if there is any way that the new well can be put on line before next fall. Leahnette Rivers explained that the Committee has discussed whether or not a temporary connection could be made this summer. She said the engineer needs to check with the regulatory agencies to see if this would be an option.

Leahnette Rivers reported that the City of St. Helens has completed their draft Water and Sewer Rate Study. She said she and Councilor Schmor recently met with them to review the study. She said she still has some unanswered questions about their methodology, but at this point, it looks like Columbia City's sewer usage charge will drop from approximately $1.31 per 100 cubic feet of flow to $0.83 per 100 cubic feet. However, she said water usage charges are expected to increase from $0.77 per 100 cubic feet to $1.28 per 100 cubic feet. She said she and Councilor Schmor will attend the St. Helens City Council Workshop next Tuesday, which is when their Council will review the draft rate study reports.

Jim Bundy said Portland sells their water for $0.77 per 100 cubic feet. He said Columbia City's recent leak detection work was mentioned during the American Water Works Association Conference in Eugene, and was used as an example of how valuable it can be.

4.3 Streets Committee: Chair Hudson said the Street Committee has not met since the last Council Meeting. Leahnette Rivers said the final plans for the Fifth Street project have been received, and the engineer is currently drafting the contract documents to bid the project.

4.4 Other Reports: None.

AGENDA ITEM 5 CONSENT AGENDA:

5.5 Written Report from the Public Work Superintendent.

5.6 Written Report from the City Administrator/Recorder.

MOVED (HUDSON), SECONDED (SCHMOR) AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE TO APPROVE THE CONSENT AGENDA.

Leahnette Rivers explained that Harold Olsen did review the City's Water Agreement with St. Helens, and he does agree that the City cannot allow a permanent water service connection outside of the City limits and Urban Growth Boundary.

Lynn Jones said it is still too wet to get a well drilling rig up behind the house. He said they would like a temporary connection if they cannot have a permanent connection.

Mayor Young said it sounds like the temporary connection to the hydrant can be allowed during the construction phase, but the house cannot be connected to the City's water service.

The Council continued to discuss this request at length with staff and Mr. Jones. They also suggested Mr. Jones approach Brian Little with the City of St. Helens with his request.

MOVED (HUDSON), SECONDED (GUY) AND CARRIED UNANIMOUSLY TO REGRETFULLY DENY THE REQUEST FOR WATER SERVICE TO PROPERTY LOCATED OUTSIDE OF THE CITY'S URBAN GROWTH BOUNDARY.

Mayor Young explained that the temporary hydrant connection may continue until the construction of the home is complete.

Leahnette Rivers explained that Harold Olsen has provided two sets of findings for consideration by the Council. She said one set of findings affirms the Planning Commission decision and denies the variance, and the other set of findings reverses the Planning Commission's decision and approves the variance. She said he drafted two sets of findings based upon input from the City Council at the last meeting, which was both in support of and in opposition of the variance request.

Councilor Schmor said the Findings of Fact reversing the Planning Commission's actions appear to be legitimate, reasonable and honest, and provide a satisfactory answer to the problem.

Councilor Calnon expressed support of Councilor Schmor's position.

Mayor Young said she has tried to come up with a way to justify the variance, but cannot agree in good conscience. She said she is in favor of the other set of Findings because she cannot, in all fairness, say that the Findings to reverse the Planning Commission's decision would be right. She expressed her support of the Findings of Fact affirming the decision of the Planning Commission.

Councilor Guy said, in the interest of the City, he agrees with the Findings of the Planning Commission in denying the request, because it really is not a hardship. He said when you read the details, there has been no established hardship.

Councilor Hudson said he has reread the testimony, minutes and items of record. He said common sense says it is only two feet, but when he applies the City's rules to the process, he cannot come up with a decision supporting the variance. He said he is in favor of the supporting the Planning Commission in denying the variance.

MOVED (HUDSON), SECONDED (GUY) AND CARRIED TO SUPPORT THE PLANNING COMMISSION'S DENIAL OF THE VARIANCE BASED UPON THE FINDINGS OF FACT AND CONCLUSIONS OF LAW. Councilors Schmor and Calnon cast nay votes.

The Council completed the second reading of Council Bill No. 01-193.

MOVED (GUY), SECONDED (SCHMOR) AND CARRIED UNANIMOUSLY TO ADOPT COUNCIL BILL NO. 01-193, AN ORDINANCE PRESCRIBING LICENSING GUIDELINES TO BE FOLLOWED IN REVIEWING APPLICATIONS AND MAKING RECOMMENDATIONS ON LIQUOR LICENSE APPLICATIONS.

Leahnette Rivers said all of the references for Cherry Williams and CIDA were very positive. She said City staff will assist with the project, which has kept the costs down to a minimum. She recommended the Council authorize signature to the contract with the following changes as recommended by Harold Olsen: 1) that CIDA's liability be limited to the extent of their insurance coverage; 2) that the sentence in the third paragraph from the bottom of page 2 of the conditions and exclusions include the addition of the phrase, "completed at the time," to finish the sentence; and 3) that the first sentence in the second paragraph from the bottom of page 2 of the conditional and exclusions include the addition of the phrase, "which is not the fault of CIDA," after the word termination.

MOVED (CALNON), SECONDED (SCHMOR) AND CARRIED UNANIMOUSLY THAT WE ENTER INTO THIS AGREEMENT WITH CIDA FOR PROFESSIONAL PARK PLANNING SERVICES FOR THE DEVELOPMENT OF A PARKS MASTER PLAN WITH THE CHANGES RECOMMENDED BY OUR ATTORNEY.

Resignation of Shaun McQuiddy: MOVED (HUDSON), SECONDED (GUY) AND CARRIED UNANIMOUSLY TO ACCEPT THE RESIGNATION OF OFFICER SHAUN MCQUIDDY EFFECTIVE APRIL 1, 2001.

Hiring of Jim Carlson: MOVED (SCHMOR), SECONDED (GUY) AND CARRIED UNANIMOUSLY TO HIRE JIM CARLSON AS A REGULAR POLICE OFFICER AS RECOMMENDED BY THE CHIEF OF POLICE.

Stop signs: It was the consensus of the Council that stop signs be placed on Penn and Franklin Streets at Sixth Street near Harvard Park as recommended by the Chief of Police.

Regulation of Sexually Oriented Businesses: The Council discussed an article from the IIMC News Digest relating to the regulation of sexually oriented businesses. Leahnette Rivers said she did contact the City of Hillsboro, and they are not currently in the process of adopting regulations of this nature. Councilor Guy suggested she check with the City of Beaverton, because one of the City's he works with is looking at regulating these types of businesses. Councilor Schmor suggested we attempt to locate a copy of regulations that have held up under a challenge in a City of similar size to ours.

Joint Planning Commission/Citizen Advisory Committee Meeting: Leahnette Rivers encouraged the members of the Council to attend the Joint Planning Commission/Citizen Advisory Committee Meeting scheduled for April 10, 2001 at 7:00 p.m. She said the meeting will be held in the basement of the Four Square Church. She distributed copies of the draft Vision Statement and draft Guiding Principles that were developed by the City's land use consultants based upon input they received during the recent community vision process. She asked the Council to review the materials prior to the joint meeting.

Interpretation of Section 36, Subsection 3 of the Subdivision Ordinance: Leahnette Rivers asked the Council to interpret Subsection 3 of Section 36 of the City's Subdivision Ordinance. She said she has a developer that may want to make a request to pay money in lieu of providing land for park purposes as required by the Ordinance. She said the money must be equal to the fair market value of the property that the developer would otherwise contribute to the City. She asked how the City is to arrive at that fair market value, and questioned if it would be based upon the fair market value of the gross area of the subdivision before it is divided, or if it would be equal to the fair market value of the land the City would receive within the subdivision after the land is divided. The Council discussed this at length. It was the consensus of the Council that staff ask the City Attorney, check to see what the City did in the case of the Voguely subdivision, and check with other cities that have a similar practice to see how they handle it.

Measure 7 Legal Fees: It was the consensus of the Council that the City donate $500 as requested by the League of Oregon Cities for legal services related to Measure 7.

Sewer Problems: Jim Bundy said the Elementary School recently had a sewer blockage. He said the School's sewer lines do not appear to have enough fall, and this is what caused the blockage.

Zoning Ordinance Update: Councilor Guy suggested the City look at amending the Zoning Ordinance to address the issue of decks vs. carports and outbuildings which encroach into the setback area. Leahnette Rivers said staff has added this item to a long list of other proposed changes to the ordinance.

OAWU Board: Jim Bundy said he was recently elected to serve on the Oregon Association of Water Utilities Board of Directors. He said he will need to travel every other month to meetings in Salem. Leahnette Rivers and the Council expressed support of his involvement in this capacity.

There being no further business to come before the Council, the meeting adjourned at 8:45 p.m.

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