Minutes February 13, 2006
(02-27-2006)

MINUTES OF THE REGULAR MEETING

OF THE ROSEBURG CITY COUNCIL

February 13, 2006

Mayor Larry Rich called the meeting of the Roseburg City Council to order at 7:00 p.m. on Monday, February 13, 2006, in the Roseburg City Hall Council Chambers, 900 SE Douglas, Roseburg, Oregon. Councilor Crowe led the Pledge of Allegiance.

Present: Councilors Phil Gale, Mike Baker (arrived 7:07 p.m.), Tim Freeman, Lanty Jarvis, Rick Coen, Mel Cheney and Stacey Crowe.

Absent: Councilor Jack Reilly.

Others present: City Manager Eric Swanson, City Attorney Kathryn Brotherton, City Recorder Sheila Cox, Consultant Jim Johnson, Public Works Director Clay Baumgartner, Finance Director Cheryl Guyett, Fire Chief Jack Cooley, Human Resources Director Barbara Gershon, Community Development Director Fred Alley, Police Chief Mark Nickel, Community Planner Les Wilson, Fire Battalion Chief Gregg Timm, Administrative Assistant Debi Davidson, Meghan Kalkstein of KPIC and Chelsea Duncan of the News Review.

MAYOR REPORTS

Councilor Cheney was welcomed back after his successful recovery from heart surgery.

Rich proclaimed February 22, 2006 as �Fleet Reserve Association Day,� and presented the proclamation to Jerry Portnell, Treasurer for the new local branch of the Association.

COMMISSION APPOINTMENTS

Cheney moved to re-appoint Steve Skenzick to the Airport Commission. Motion was seconded by Freeman and carried unanimously.

Gale recommended appointment of Milt Bartholomew and Richard Weckerle to the Utility Commission, seconded by Crowe. Rich noted that although Council declined to appoint Bartholomew, the Utility Commission unanimously recommended his reappointment. Brotherton noted that, according to rules recently amended by Council, if the Mayor agreed with the Commission Chair recommendation and no alternate name was brought forward, the Mayor may make the appointment without a vote. A vote is only required if the Mayor and Chair disagree. (Baker arrived at 7:07 p.m.) Inasmuch as a vote was not necessary on the appointments, Brotherton stated the appointments were final under the current Code.

Councilors discussed the �intent� behind the amendment was not to eliminate Council ratification for appointments. Cox offered to provide a proposed amendment at the next meeting to accommodate Council�s wishes for appointments. Freeman moved to postpone all Commission appointments until the ordinance is amended, seconded by Baker. Crowe believed Council does not need to be involved if the Mayor and Chair agreed on the appointment. Cheney and Rich stated they did not intend for the amendment to eliminate the ratification process. Coen asked to move forward noting that even though Council did not approve one of his recommended appointees, he did not wish to revisit the issue. The motion and second were withdrawn. Staff will rewrite the Code to provide for Commission appointment ratification.

AGENDA REVIEW MEETINGS

Rich had asked Council for an evaluation of the Wednesday agenda review meetings. Freeman suggested the meetings may be more helpful if the complete agendas were available prior to the meeting. Staff will make every effort to e-mail agenda material in advance of the meetings. Gale expressed concern that the 4:00 p.m. time prohibits him and members of the public from attending. The majority believed the meetings were helpful and supported their continuation.

MAYOR REPORTS CONTINUED

Rich read a letter from Elaine Cheney expressing appreciation for support during her husband�s illness.

A letter was shared from the State Aviation Board commending Staff on the work conducted to accommodate their January meetings.

Rich reported the Chamber Tourism Committee is forming a subcommittee to work on a project to bring Salmon artwork to the area. This year�s tourism awards will be presented at a June Chamber Forum.

COMMISSION REPORTS

Baker reported the Public Works Commission held two meetings with the Planning Commission regarding the Transportation System Plan. The adoption process will start within the next couple of months. The Commission reviewed design reports for improvement of Stewart Parkway from the Garden Valley Intersection to Harvard Avenue addressing signalization, turn lanes and medians and the possible extension of Keasey Street north to Garden Valley Boulevard.

Crowe reported the Parks Commission reviewed design reports addressing drainage problems on Stewart Parkway and within the Stewart Park Golf Course. The Umpqua Valley Tennis Center participated in the review since their outdoor courts may be impacted by Stewart Parkway widening. Public hearings will be scheduled to discuss ideas for improvement of skateboard park usage.

Crowe reported the Historic Resource Review Commission discussed a hazardous Pine Street residence, National Trust Main Street Program participation, Mill-Pine Historic District improvements and the Umpqua CDC painting project.

Cheney reported the February 28th Airport Commission meeting will be held in the fixed base operator hangar at 7:00 p.m. Swanson reported that in January the Commission discussed lease rates, the Oregon Aviation visit and navigational systems.

Coen reported the Golf Course Commission also received the drainage report and began review of rates for the upcoming golf season.

Gale reported the Utility Commission also discussed drainage issues. Staff corresponded with ODOT requesting a review of the I-5 Bridge and accommodation of the waterline across the bridge. A report on proposed acquisition of the Dixonville Water System will be forthcoming.

AUDIENCE PARTICIPATION

Airport Commissioner Bob Russell, 504 Larson Road, listed his participation as a pilot, airport user, Roseburg Air Show Board Vice President and Master of Ceremonies, President of Experimental Aircraft Association and support network designate for the Airport. He stated he had lobbied for the position of Airport Manager and offered a proposal for operation of airport services. Russell stated he had been advised by the City Manager and Airport Manager that he had exceeded his bounds as an Airport Commissioner by contacting the Oregon Aviation Commission and the FAA. He said they suggested those contacts may jeopardize award of future funds for the Airport and forbade him from contacting those agencies and City Councilors. He indicated Swanson and Baumgartner had told him that his only avenue for information is to be solely through City Staff and if he would not comply, he would need to resign the Airport Commission. Russell indicated he will neither comply with Staff's requests nor resign.

Cheney noted he valued Russell�s dedication to aviation, but could not support individual Councilors or Commissioners independently approaching federal/state agencies. Freeman suggested Russell discuss his concerns with the Airport Commission Chair and meet with Staff to set a path with which all are comfortable so all parties have the same information. Baker agreed and also expressed concern that it may hurt funding opportunities if confusion exists as to proper City of Roseburg representation. Cheney suggested new commission members be oriented as to expectations and process. Jarvis noted that controversy is not an avenue that will further Russell�s goals for FBO status or employment and if it was not Russell�s intent to serve as a team member on the Commission Jarvis would not support his continuance.

Lorrie Knoth, 925 SE Murray Court, stated she lived on the edge of the Ramp Canyon development where her backyard buffer of trees had been removed. As a result she is subjected to construction noise from 7:00 a.m. to 9:30 p.m. and asked Council to review the noise disturbance ordinance to residents may enjoy their properties in the evening. Knoth was referred to Community Development Director Alley who stated there are land use/building code options to address the problem.

Community Planner Les Wilson commended Cooley and Fire Department personnel for response to his recent traffic accident on the Washington Street Bridge.

CONSENT AGENDA

Freeman moved to approve the following Consent Agenda Items

A. Minutes of the Agenda Review Meeting of January 18, 2006.

B. Minutes of the Regular Meeting of January 23, 2006

C. Minutes of the Special Meeting of January 25, 2006

Motion was seconded by Crowe and carried unanimously.

PUBLIC HEARING � OLCC NEW OUTLET, LOS DOS AMIGOS

At 8:18 p.m., Rich opened the public hearing regarding a liquor license for Los Dos Amigos Fiesta, 1444 NW Garden Valley. Cox reported the license would allow full on-premises sales at the business�s new location in the Roseburg Valley Mall. No public comments had been received, and Staff found no reason for denial and recommended approval. As no one else wished to testify, the hearing was closed at 8:19 p.m. Freeman moved to recommend OLCC approval of the new outlet application for full on-premises sales for Los Dos Amigo Fiesta located at 1444 NW Garden Valley Boulevard. Motion was seconded by Crowe and carried unanimously.

ANNEXATION REPORT AND POLICY

Johnson reviewed a proposed annexation policy designed to address various issues including unincorporated islands, Consent to Annexation Agreements, new developments, evaluation of City service provision, etc. He noted that a previous draft suggested immediate annexation if water service is desired in lieu of accepting a consent to annex agreement. To address that issue, Johnson suggested amended language that would deny access to City water service unless the property is annexed. Therefore, water would only be provided to property which is contiguous to the City limits and can immediately be annexed. With the exception of Lane County, property must be contiguous to the City in order to be annexed. This proposed revision would force subdivision development to occur only upon annexation and under City Codes. Baker stated this amendment would put the onus on the developer to garner support from neighboring properties to become contiguous.

Johnson suggested Council may wish to conduct a public hearing to allow input from those that may already be considering development plans that would be negatively impacted by the potential amendment. Gale noted the amendment would also eliminate receipt of the outside service fee from new properties. Swanson explained that Section B.3. �Full Range of City Services in a Timely Manner,� is meant to recognize that full city services cannot be expected immediately upon annexation. If those services could not be developed over three years, the City would not initiate annexation of the property.

Johnson stated, depending upon Council direction, the following actions would be implemented; 1) Municipal Code change presented regarding new consent to annex agreements; 2) Staff analysis of island annexation; 3) Staff analysis of annexation of property lying near the existing City limits; 4) negotiations with service providers for urban services intergovernmental agreements.

In anticipation that public hearings will be scheduled on the matter, Freeman moved to direct the City Manager to prepare an amendment to Roseburg Municipal Code Section 5.04.060 which would not allow an irrevocable consent to annexation agreement to extend water service to properties located outside the City limits. Motion was seconded by Baker and failed with Gale voting nay. Jarvis indicted he would abstain from future motions on this matter, describing the issue as �hodge podge.�

Freeman moved to approve the proposed annexation policy as amended by the previous motion to not allow municipal water service unless the property is annexed to the City of Roseburg. Motion was seconded by Baker and carried with Gale voting nay and Jarvis abstaining.

Freeman moved to direct the City Manager to initiate annexation proceedings consistent with the adopted annexation policy, Section B.2. for the unincorporated islands within the City limits. Motion was seconded by Baker and carried with Gale voting nay and Jarvis abstaining.

Freeman moved to direct the City Manager to analyze all properties near the existing City limits to determine if any properties have an existing and valid consent to annexation agreement in place and would be good candidates for annexation. Motion was seconded by Baker and carried with Gale voting nay and Jarvis abstaining.

Freeman moved to direct the City Manager to begin negotiations with Douglas County, Douglas County Rural Fire District #2, Roseburg Urban Sanitary Authority, the Umpqua Basin Water Association and the Dixonville Water Association to establish or to update urban service intergovernmental agreements, consistent with ORS 195.060 through 195.085. Motion was seconded by Baker and carried with Gale voting nay and Jarvis abstaining. (Jarvis and Cheney left at 9:06 p.m.)

URBAN GROWTH BOUNDARY POLICY AND RESOLUTION NO. 2006-03

Alley reviewed a proposed Urban Growth Boundary (UGB) Policy to support orderly managed community growth based upon established criteria and cost effective delivery of city services. (Cheney returned at 9:13 p.m.) Under the Summary, of page 3 of the policy, Staff recommended the first two policy directions regarding individual UGB expansion applications be eliminated.

Freeman moved to adopt the Urban Growth Boundary policy with elimination of subsections 1 and 2 of the Summary. Motion was seconded by Baker and carried unanimously.

Freeman moved to adopt Resolution No. 2006-03 regarding expansion of the Roseburg Urban Growth Boundary. Motion was seconded by Baker and carried unanimously.

Baker moved to direct the City Manager to: 1) initiate an application to expand the Urban Growth Boundary in the Charter Oaks areas to include all the properties identified in the �green zone� as identified on the map included in the packet and any contiguous properties which may wish to be included; and 2) to direct the City Manager to have pre-application conference with the State Department of Land Use and Conservation and any other affected agencies, and based upon the outcome of such conference, amend the map accordingly. Motion was seconded by Freeman and carried unanimously.

PLANNING COMMISSION REPORT

Alley provided an outline of major projects being addressed by the Planning Commission including work on the Transportation System Plan and the draft Hillside Development Ordinance. This and future reports will not discuss land use actions addressed by the Planning Commission which may come forward to the Council. Baker commended the Commission on their work.

AIRPORT LEASE AND RENTAL RATE ADJUSTMENT

Swanson reported he and Baumgartner proposed to work with legal counsel and airport tenants to revise the long-term lease policy and implementation of rental rate increases. In addition, they recommend t-hangar rate adjustments be incorporated over a two year period effective July 1, 2006. Baumgartner reported the FAA discourages disparate lease agreements but recognizes that they legally cannot required the City to change existing leases. Several Councilors supported no change in their previous rate action if all tenants do not agree with the changes.

Freeman noted specific lease requirements regarding use of the leasehold property are not being followed, i.e. operations of non-aviation related business. Baumgartner noted Staff is hiring an Airport Manager who can begin enforcement work. Coen suggested that business operations be allowed as a positive economic step. Cheney noted some businesses are being conducted in leased hangars contrary to FAA regulations.

Freeman moved to authorize Staff to negotiate with tenants for revisions to the long-term lease agreement as recommended by Staff to phase in an increase to $0.25 per square foot in July 2010 with annual CPI adjustments thereafter only if all the arbitrating tenants will agree by May 1, 2006. ($0.17/sf effective 7/1/06; $0.19/sf effective 7/1/07; $0.21/sq 7/1/08; $0.23/sf 7/1/09; $0.25/sf 7/1/10; annual CPI increases thereafter effective 7/1/11). Motion was seconded by Cheney. Brotherton noted the Municipal Code requires the matter to be addressed by the Airport Commission prior to final action by the City Council. Motion was voted on and carried unanimously.

Freeman made a motion stating that if the City successfully negotiates with tenants for the revisions to the long-term lease agreement as recommend by Staff and obtains agreements from 7 tenants that arbitrated by May 1, 2006, then the City shall annually increase the lease and rental rates for monthly agreements, with a two-year phase in, at the same percentage rate as the percent increase in CPI, beginning on July 1, 2008. Motion was seconded by Baker. Crowe opposed the motion stating the City should tie the rates to the CPI regardless of the actions of the corporate tenants. Motion was voted on and carried with Crowe voting nay.

CITY MANAGER ACTIVITY REPORT

Swanson shared a report on the following matters (Cheney left at 10:07 p.m.):

� Department Head meetings

� 1200C Permit Update � City will discontinue management of that program

� Quality Control Committee Update

� Airport Fixed Base Operator - Selection due next week

� Department Head budget retreat

� Insurance/Employee Benefit Bid Exemptions � not required by State law, but Swanson recommended no changes in current practice

� Police/Fire Headquarters Building RFP

� Building Condition Survey RFP

� FEMA presentation

� Visitors & Convention Commission now meeting on third Tuesdays

� Intergovernmental cooperation process on major transportation issues, such as the Harvard Avenue Bridge extension

� Ward III Neighborhood Walk on February 15th

ITEMS FROM MAYOR, COUNCILORS OR CITY MANAGER

Freeman shared questions from Councilor Reilly regarding the �no-cut policy� and lane closures in high traffic areas.

Freeman reported he was appointed to the League of Oregon Cities General Government Committee.

Freeman referenced earlier Council discussion regarding legal counsel review and expressed concerned about the delay in receiving the legal opinion regarding Commission appointments.

Crowe reported the Cow Creek Band is presenting programs on methamphetamine abuse on February 28th at 7:00 p.m., in the Roseburg High School Auditorium. Jack Stump will speak on history and development of meth in Oregon. Pamela Abernathy of Marion County will make a presentation on the same day at 1:00 p.m.

Meeting adjourned at 10:21 p.m.

Debi Davidson

Administrative Assistant

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