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CITY OF WOODBURN CITY COUNCIL AGENDA SEPTEMBER 8, 2008 – 7:00 P.M. FIGLEY, MAYOR WALTER NICHOLS, COUNCILOR WARD 1 RICHARD BJELLAND, COUNCILOR WARD II PETER MCCALLUM, COUNCILOR WARD III JAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V ELIDA SIFUENTEZ, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS – 270 MONTGOMERY STREET **Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo. Comuníquese al (503) 980-2485.** September 8, 2008 Council Agenda Page i 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. Viva La Independencia September 13 & 14 from noon – 8:00 p.m. at the Downtown Plaza. B. The Parks and Recreation Master Plan Draft Recommendation Presentation will be held on September 9 at 6:30 pm in the Council Chambers prior to the Recreation and Parks Board meeting. C. Public Hearing on the Annexation of Certain Property Located at 2400 North Pacific Hwy and Identified on Marion County Tax Assessor’s Maps as tax lot 051W08A05000, September 22 at 7:00 p.m. Appointments: G. None 4. PROCLAMATIONS/PRESENTATIONS Proclamations: A. None. Presentations: B. None. 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn School District 6. COMMUNICATIONS A. None. ---PAGE BREAK--- September 8, 2008 Council Agenda Page ii 7. BUSINESS FROM THE PUBLIC – This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA – Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of August 11, 2008, regular and executive session Recommended Action: Approve the minutes. B. Woodburn City Council minutes of August 14, 2008, special and executive session Recommended Action: Approve the minutes. C. Woodburn City Council minutes of August 25, 2008, special and executive session Recommended Action: Approve the minutes. D. Woodburn City Council minutes of August 28, 2008, special and executive session Recommended Action: Approve the minutes. E. LOC Efforts Regarding Telecommunications Franchises Recommended Action: Receive the report. F. Claims for July 2008 Recommended Action: Receive the report. G. Building Activity Report dated August 4, 2008 Recommended Action: Receive the report. H. Termination of Community Development Director Contract Recommended Action: Receive the report. I. Information on Garbage Franchise Rate Analysis Recommended Action: Receive the report. J. Community Services July 2008 Statistics Recommended Action: Receive the report. ---PAGE BREAK--- September 8, 2008 Council Agenda Page iii 9. TABLED BUSINESS A. Council Bill 2735 – A Resolution Approving An Adjusted Rate Schedule And Fuel Recovery Fee Surcharge For United Disposal Service, Inc; Setting An Effective Date; And Repealing Resolutions 1833 And 1843. Recommended Action: It is recommended the City Council consider the resolution. 10. PUBLIC HEARINGS A. Gottsacker Measure 49 claim and Vested Rights determination Recommended Action: After conducting a public hearing, direct staff to prepare an order for adoption: Finding Claimant is not entitled to relief under Measure 49 Section 9, and Denying the claim of common law vested rights in regards to the subject property. 11. GENERAL BUSINESS – Members of the public wishing to comment on items of general business must complete and submit a speaker’s card to the City Recorder prior to commencing this portion of the Council’s agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill 2739 – Adoption of Habitable Rental Housing Ordinance Recommended Action: Approve the attached proposed ordinance providing for standards for rental property livability and enacting penalties for failure to comply with the standards. B. Council Bill 2740 - Adoption of a resolution regarding the appeal of cases 2008-01 and EXCP 2008-03, for Woodburn Crossing development located at the northeast corner of Evergreen Road and Highway 214 Recommended Action: Adopt the resolution approving the land use application. C. Council Bill 2741 – A resolution authorizing of the sale of surplus city owned property from tax lot 3400 Recommended Action: Pass the attached resolution authorizing the sale of surplus property. ---PAGE BREAK--- September 8, 2008 Council Agenda Page iv ---PAGE BREAK--- September 8, 2008 Council Agenda Page v D. Council Bill 2742 – A resolution entering into 2004, 2005, and 2006 Fund Exchange Agreement with ODOT for North Front Street Recommended Action: Approve the attached resolution entering into a 2004, 2005, and 2006 Fund Exchange Agreement with the Oregon Department of Transportation for construction of the North Front Street project and authorizing the Interim City Administrator to sign said agreement. E. Council Bill 2743 - Woodburn Development Ordinance Amendments Recommended Action: Approve the attached Ordinance. F. Four Hour Parking Request on N. Fifth Street Recommended Action: Approve the installation of four hour parking signs on both sides of N. Fifth Street south of Hwy. 214 to the barricade adjacent to the south property line of Nuevo Amanaceer. G. Program Implementation: Police Canine Team Recommended Action: It is recommended the City Council receive the donations and authorize the implementation of a Police canine program. H. Designation of Voting Member at LOC Conference Recommended Action: Designate a City Council Member to attend LOC Conference. I. City Attorney Evaluation Recommended Action: Schedule annual evaluation date. 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS – These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A. None. 13. CITY ADMINISTRATOR’S REPORT 14. MAYOR AND COUNCIL REPORTS 15. EXECUTIVE SESSION A. To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(2)(d). ---PAGE BREAK--- September 8, 2008 Council Agenda Page vi 16. ADJOURNMENT