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City of Columbia City 1840 Second Street, PO Box 189, Columbia City, OR 97018 (503) 397-4010 |
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Thursday,
March 6, 2008
AGENDA ITEM 1 CALL
TO ORDER/ROLL CALL:
CONVENED:
Mayor Cheryl A. Young called the regular meeting to order at 7:36
p.m. Harold Olsen delivered the
invocation and Mayor Young led the flag salute.
COUNCIL MEMBERS PRESENT:
Mayor
Cheryl A. Young
Councilor
Bill Guy
Councilor
Gary Hudson
Councilor
Sally Ann Marson
Councilor
Bob Schmor
COUNCIL
MEMBERS ABSENT:
None
ALSO
PRESENT:
Leahnette
Rivers, City Administrator/Recorder
ATTORNEY
PRESENT:
Harold
Olsen, City Attorney
A
quorum was present and due notice had been published.
AGENDA ITEM 2 PUBLIC
HEARINGS:
None.
AGENDA ITEM 3 CITIZEN
INPUT:
None.
AGENDA ITEM 4 COUNCIL REPORTS:
4.1 Parks Committee: Chair
Marson said some flowering cherry trees are currently being planted in Jim
Bundy Memorial Park.
4.2 Water Source and Development Committee: Chair Guy
said the Water Committee will meet on March 18th at 7:00 p.m.
Leahnette
said the $400,000 loan amendment is progressing. She said the loan repayment requirements should not impact the
upcoming rate increases we have planned, which are required to maintain the 1%
interest rate on the City's $2.9 million Safe Drinking Water Loan. She said the planned increases are projected
to generate enough revenue to pay the additional debt service requirements for
the $400,000 loan.
Leahnette
said the City has submitted an application to Oregon Water Resources Division
(OWRD) to move the 1939 100 gpm water registration from the abandoned Public
Works well to the two new wells. She
said OWRD has tentatively approved our request, and the application has moved
into the 30-day public comment phase.
Leahnette
said OWRD has also verbally indicated that they plan to tentatively approve the
City's application for a new 500 gpm water right for the two new wells, and
they expect to send written tentative approval to us next week. At that time, she said the application will
also move into the 30-day public comment phase.
Leahnette
said PCR Inc. will need to shut off water to the Chimes Crest area while they
tie-in the new main that runs under the highway. She said they are progressing on the well house and the project
is moving forward. She said the
Columbia River PUD has extended the power to serve the site, and PCR is working
on painting and electrical work.
4.3 Streets Committee: Chair
Hudson said the Street Committee will meet on March 18th at 6:00 p.m.
4.4 Sewer Committee: No report.
4.5 Library report: No
report.
4.6 Other reports: Just having returned from Costa Rica, Harold Olsen complimented
the Mayor and Council on the City's water system (because he learned down there
that you have to be careful about the water you drink), and on the City's
street system (because down there they have very few paved streets, and even in
the middle of town you'll find yourself driving on pit-run rock) and on the
City's sewer system (because down there they don't let you flush toilet tissue
into the sewer, and instead you must dispose of it in a wastebasket next to the
toilet.) He said it is great to be back
in the United States.
AGENDA ITEM 5 CONSENT
AGENDA:
5.1 Approval of the Bills Paid during the
month of February 2008.
5.2 Approval of the Minutes of the Regular
City Council Meeting of February 21, 2008.
5.4 Written report from the City
Administrator/Recorder.
MOVED (MARSON), SECONDED
(SCHMOR) AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE TO APPROVE THE CONSENT
AGENDA.
AGENDA ITEM 6 UNFINISHED
BUSINESS:
6.1 Second reading of Council Bill No. 08-469; Ordinance No.
08-645-O: An Ordinance amending
Ordinance No. 346, an Ordinance establishing regulations and rates for the City
Water System.
The Council completed the second
reading of Council Bill No. 08-469.
MOVED (GUY), SECONDED (HUDSON)
AND CARRIED UNANIMOUSLY TO ADOPT COUNCIL BILL NO. 08-469.
AGENDA ITEM 7 NEW
BUSINESS:
7.1 Spinnaker Way:
Discuss request that the City accept Spinnaker Way from the River Club
Estates Association as a public street.
Mayor Young expressed regret
about the recent news of John Heller's Street of Dreams development in
Washington becoming the subject of arson.
She said River Club Estates (RCE) was thought to be a Street of Dreams
when it was developed years ago.
Leahnette explained that several
RCE residents representing the RCE Homeowner's Association approached the City
Council several weeks ago and asked the City to accept Spinnaker Way as a
public street. She said Spinnaker Way
was developed as a private road and is 30 feet wide. She said it is shown as Tract A on the Assessor's Tax Map and the
RCE Homeowner's Association owns it.
Leahnette explained that the
current Development Code does not permit the development of private roads. However, she said a developer recently
received a variance from the Planning Commission to serve three lots with a
private road. She said typically all
properties must have public street frontage.
Mayor Young said RCE was
developed as a Planned Unit Development in the County. She said if Spinnaker
Way had been developed as a public street it would have been required to meet
different specifications. She said she
believes the road is well constructed.
Councilor Marson asked if there
was an understanding when RCE was developed that the City would accept the
street at a later date as a public street.
Leahnette said the meeting
minutes reflected quite a bit of discussion about the private road. She said from the minutes it was very clear
that the Homeowners Association would be responsible for the street. She said the RCE Subdivision was created
when the land was still within Columbia County, and it was later annexed into
Columbia City after many of the homes were built. She said the private road is 30 feet wide, and a local public
street currently requires a 50-foot public right-of-way. She said the private road allowed the
developer to create more lots than would have been permitted with a public
road.
Leahnette said there are also
three private road cul-de-sacs off of "H" Street within Columbia
City. She said all three cul-de-sacs
are privately owned by the two sets of property owners at the end of each
cul-de-sac.
Harold suggested the City
Council may want to have the City Engineer conduct some core samples to see how
the street was constructed if they intend to consider accepting the street.
Councilor Hudson said RCE was
probably developed in the early 1990's, and at that time the City Council
expressed concerns about the private road.
He said now 15-17 years later the road is at the point where it begins
to show some wear and may need some maintenance, and he is not sure that the
City wants to assume that responsibility.
He said at a minimum he would want to see the core test results and the
City Engineer's opinion about it. He
said the road is substandard, and a fire engine and an ambulance will block
it. Councilor Hudson suggested that
maybe the road should be resurfaced first, and then we talk about accepting
it. He said the core testing should be
at the expense of the Homeowner's Association.
Marilyn Heaton of the RCE
Homeowner's Association said they don't believe Spinnaker Way is
substandard. She invited members of the
Council to take a drive along it, and suggested they would find it to be one of
the nicest streets in the City. She
said "M" Street is a City street, and it definitely is not to
standards and it does not have a turnaround.
Councilor Hudson said when he
referred to Spinnaker Way as substandard, he was referring to its width. He said "M" Street was developed
years ago and it has always been a public road. He said Spinnaker Way looks like it is in fairly good condition
and is probably well built, but we can't be certain without taking core
samples. Council Hudson said he
believes it would be inappropriate for the City to take possession of Spinnaker
Way without knowing how it is constructed.
In addition, he said the surface has been used for more than 15 years,
and it is reaching the point where it will require some maintenance.
Marilyn said they are just
asking that they be treated fairly. She
said they pay a large amount of taxes to Columbia City. She said from what she understands the new
section of Third Street that will serve the new homes will not be built like a
City street.
Leahnette said the developer on
Third Street will be constructing a 1/2-street improvement, built to City
standards. She said that is the
maximum amount of responsibility that the City can place on the developer
because they are only developing property along one side of the street. She said at a later date, a future developer
may develop the other side of the street, or the City will complete the
development when that project reaches the top of the City's priority list and
funds become available.
Mayor Young said improvements to
Sixth Street are currently at the top of the City's priority list.
Mayor Young said this is one of
those unfortunate dilemmas. She said
the RCE homeowners are residents and tax payers of Columbia City. She said when the development occurred, the
developer did not want to meet the requirements for a public road, so they
developed a private road with the understanding that all of the property owners
will share in its maintenance. She said
years pass, and then new owners come in and they don't remember the discussions
that took place during the development approval process.
Mayor Young explained that the
City would be doing a few citizens a good deed by taking over the
responsibility of maintaining the street, but how else would the City
benefit? She said at first the RCE
residents would be pleased with the City for taking over the street, but they
might get upset with the City later when the maintenance of the street doesn't
take priority over the other streets.
Leahnette said this is one of
the reasons the City's Development Code does not allow the use of private
roads. She said a private road usually
benefits the developer because it is less costly, and the title documents
clearly address the maintenance responsibilities related to the private
road. However, she said at some point
those property owners begin to feel they aren't being treated fairly, and the
City Council is presented with a difficult decision like this one.
Marilyn asked if Spinnaker Way
was developed to County road standards, and how those road standards varied
from City road standards.
Leahnette said she doesn't know
what the County road standards were back in the early 1990's, and the City
didn't inspect the construction work so we have no way of knowing how the
street was constructed. She suggested
Marilyn might visit with Columbia County representatives to have these
questions answered. She said regardless
of what those standards were, the core sampling tests are the only way the City
can confirm how the road was actually constructed.
Marilyn asked for the definition
of a private road. She said the
Spinnaker Way is open to the public, and the City's street sweeper cleans it,
and the curbs are painted.
Leahnette said if the City is
sweeping and/or painting the curbs in Spinnaker Way it is either due to an
oversight on our part, or it is a courtesy we are extending.
Marilyn asked if they can block
off Spinnaker Way if it is a private road.
Harold said it depends on
whether or not it is a street that is dedicated to the public but has not been
dedicated to the City, or if it is actually a private road owned by RCE, in
which case they probably have the right to block it off. However, he said people that have been using
it for 15 years have probably created rights through adverse possession or
adverse use that would prohibit it from being blocked off. He said without knowing more about the
situation it is a difficult question to answer.
Mayor Young said if the RCE
Homeowner's Association is willing to pay for the core sampling and
engineering, the City can have the street tested.
The Council continued to discuss
this matter at length with staff.
It was the consensus of the
Council that City staff ask the City Engineer to develop a cost estimate and
scope of work to present to the RCE Homeowner's Association so they can make a
decision about whether or not they want to proceed with this request by paying
for the work.
7.2 Construction Excise Tax Intergovernmental Agreement: Construction Excise Tax intergovernmental
Agreement to Collect and Remit Tax between St. Helens School District No. 502
and the City of Columbia City.
Harold explained the legislative
authority that permits this tax and this agreement. The Mayor and Council discussed this Agreement with staff a
length.
MOVED (SCHMOR), SECONDED
(HUDSON) AND CARRIED UNANIMOUSLY TO AUTHORIZE SIGNATURE TO THE AGREEMENT.
7.3 Construction Excise Tax Memorandum of Understanding (MOU): MOU between the City of Columbia City and
St. Helens School District 502 relating to the calculation of the School
District Construction Excise Tax.
MOVED (MARSON), SECONDED
(HUDSON) AND CARRIED UNANIMOUSLY TO AUTHORIZE SIGNATURE TO THE MOU.
7.4 Emergency Operations Plan: Discussion of draft Emergency Operations Plan for the City of
Columbia City, Oregon.
Leahnette said she previously
received comments from Councilors Schmor and Marson, and she asked if there are
other comments or recommended changes. She said she is working on developing a
final draft of the plan to bring back to the Council for adoption.
No other comments were
heard. Mayor Young thanked the
Committee Members that worked on the development of the plan.
7.5 Council Bill No. 08-470; Resolution No. 08-906-R: A Resolution adopting Policy Goals and
Objectives for the City of Columbia City, Oregon, for fiscal year 2008-09.
MOVED (HUDSON), SECONDED
(SCHMOR) AND CARRIED UNANIMOUSLY TO ADOPT COUNCIL BILL NO. 08-470.
7.6 St. Helens wholesale water charges: Letter dated February 13, 2008, from Chad
Olsen of the City of St. Helens regarding wholesale water charges.
The Council reviewed a letter
dated February 13, 2008, from Chad Olsen of the City of St. Helens explaining
that St. Helens had adopted a new wholesale water charge of $1.71 effective
March 1, 2007, but they had inadvertently not made the change to their utility
billing software. As a result, the
letter explained that Columbia City was under billed by $26,697 during past
months.
Harold said he has not had an
opportunity to make contact with Columbia City's rate consultant, Paul
Mathews. As a result, the Council
postponed action on this matter until Harold has had an opportunity to discuss
this with Mr. Mathews.
AGENDA ITEM 8 OTHER
BUSINESS:
Community Hall rental rates: The Council reviewed a spreadsheet showing a
history of Community Hall expenses vs. rental revenue since July 1, 2000. The Council reviewed the information and discussed
it at length with staff. Councilor Guy
suggested that it is likely time for us to upgrade the lighting fixtures in the
building. He will provide some
estimates about the amount of energy we could save by replacing the lighting
fixtures. Staff will provide
information to the Council about utility usage levels, and Leahnette will have
an energy audit conducted.
Referral and Acknowledgment for
proposed concerts: Leahnette
asked the Mayor and Council to review Columbia County's referral and acknowledgment
for the Lowell MacGregor Group, LLC concert proposal for the summer of 2008 on
property located to the north of Columbia City. She asked that comments about the proposal be returned to her by
March 13, 2008.
AGENDA ITEM 9 ADJOURNMENT:
There being no further business
to come before the Council, the meeting adjourned at 8:45 p.m.