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«  CITY OF SUTHERLIN Regular City Council Meeting Sutherlin Civic Auditorium Monday, May 12, 2014 – 7PM COUNCIL MEMBERS: Tom Boggs, Frank Egbert, ...»

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CITY OF SUTHERLIN

Regular City Council Meeting

Sutherlin Civic Auditorium

Monday, May 12, 2014 – 7PM

COUNCIL MEMBERS:

Tom Boggs, Frank Egbert, Patricia Klassen, Todd McKnight, Karen Meier, Forrest Stone

MAYOR: Denny Cameron

CITY STAFF:

City Manager, Jerry Gillham

City Recorder/HR Manager, Debbie Hamilton

Deputy City Recorder, Diane Harris Finance Supervisor, Dan Wilson Community Development Director, Vicki Luther Chief of Police, Kirk Sanfilippo Fire District #2 Chief, Greg Marlar City Attorney, Chad Jacobs Audience: Larry Bahr, Dot Huntley, Scott Cameron, Floyd Van Sickle, Jack Trowbridge, Seth Vincent, Tadd Held, Jim & Beth Houseman, James Wraith, Justin Peterman, Judi & Ian Black, Joe Groussman, Jack & Tracy Van Dolah, Donna Pagel, Willie Caldwell, J.

Lindeen Brown, Gayla Holley, Bruce Cortes, Stan McKnight, Jess Miller, Sue Gillham, Brad Litchfield, Zack Mittge, Jacob Masterfield, Greg Henderson, Margaret Wilson, Craig & Bette Hart, Chad Mast, Pam Cameron, Susan Osland, Dan McCormick, Adam Sarnoski, Pat & Barbara Fenton, Dar Yarbrough, Becky Holm, John Bachman, Derek Findly, Phillip Hyatt, Paul Glazner, Brian Burke Sr., Rick Murphy, Brian Gurney, Russ Anderson, Jessica Pierce, Brian Parnell, Dan McCormick, Cy Perkins, Andy Hatfield, Dana Foley, Sam Robinson, Barry Smith, Josh Wagner, Mark Nichols, Tom Spelgatti, Craig Zolezzi Meeting called to order by Mayor Cameron at 7:00 p.m.

Flag Salute:

Mayor Cameron asked if anyone on the Council wished to declare a perceived conflict of interest regarding any item on tonight’s agenda.

Councilor Klassen stated she has a conflict of interest concerning the Alaska Sutherlin Knolls Corporation (ASKC), she will excuse herself when the agenda item is presented. Klassen explained she has been very involved with this project and unable to vote fairly.

Mayor Cameron asked if anyone else wished to declare a perceived conflict of interest. No other statements made.

Roll Call: All present Introduction of Media: Becky Holm, North County News PUBLIC COMMENT (agenda items only) Larry Bahr, resident - explained he understands the City Manager is to be evaluated on his performance at tonight’s meeting; he has found his performance to be outstanding, has excellent proactive efforts in his job and made many improvements to the City and its infrastructure, hopes Council will take comments into consideration during the evaluation.

Sutherlin City Counc

–  –  –

ANNOUNCEMENTS / APPOINTMENTS

None

PRESENTATIONS / PROCLAMATIONS

None

CONSENT AGENDA

o Minutes from April 28, 2014 Regular Meeting MOTION made by Councilor McKnight to approve Consent Agenda as presented; second by Councilor Klassen.

Discussion: None In Favor: Councilors Klassen, McKnight, Meier, Stone, Boggs, Egbert and Mayor Cameron Opposed: None Motion passed unanimously.

ACTION ITEMS/GENERAL BUSINESS

o Resolution 2014.07 – Exercise Power of Eminent Domain Staff Report – CDD, Vicki Luther, stated this agenda item is a continuance from last Council meeting additional information was requested by Council in order to make a decision.

City Manager, Jerry Gillham, stated there are two pieces of information for Council consideration. The owner of the affected property is willing to sell if the City is willing to buy and expressed so in writing, therefore condemnation will likely not be an issue. There is an allocation of $40,000 in grant money to cover costs and purchase of right-of-way. If the resolution is not approved and City goes forward with the purchase of the property, the $40,000 will not go toward that transaction or the costs associated with it, City itself would need to pay these costs.

City Attorney, Chad Jacobs, stated City signed an agreement with ODOT, as part of the agreement the City agreed to abide by the Uniform Relocation Act, which carries very specific procedures to follow.

Under federal guidelines, you have to negotiate in good faith for fair market value, listing the procedures involved, lastly being condemnation. However, under state law, the passing of the resolution would be the initiation of the condemnation proceedings. After extensive research, have not found any proof in the federal guidelines stating the actual filing of the resolution associated with the initiation of the litigation.

Requested ODOT confirm federal guideline procedures and if the City has the ability to access the $40,000 allocated in grant funds. Council has the choice to pass the resolution or if not comfortable, would suggest continuing this item next Council meeting, by that time may hear from ODOT for more clarification.

Questions and concerns discussed:

 Can resolution be passed with a contingency to come back to Council before enacting it? Jacobs

- Recommendation is not to do that, condemnation procedures are very strict, if not followed could lead to future legal challenges.

 This would also need to be done for the PacifiCorp land that is believed to be donated to the City?





Yes, that is our understanding.

 If we went back to the original plan for the bridge would this all go away? Yes, it would.

 The original plan for the bridge was on City easement and would go through Scarborough’s property, wouldn’t it make more sense to go back to that plan rather than set a precedent with this resolution? The issue is the Mayor facilitated negotiation session with Mr. Scarborough and City Manager and came to an agreement on what could be done for him therefore making this change; for all practical purposes would be breaking those agreements.

 Due to the issues, suggest a discussion with Mr. Scarborough, therefore avoiding the condemnation issues.

–  –  –

 Would City need to pay for redesigning the bridge? May have to pay some additional costs for changing back to the original design.

 Did you check with surveyors, seems it would be common sense to check on property lines during that time. No did not discuss with surveyors, they work for ODOT, would be happy to find out.

Jacobs – Can continue to the next meeting, however it appears the property owner is willing to sell and second property owner is willing to donate, if this can be done without having to pass the resolution of necessity, would suggest delaying the decision.

 Does this affect a timeline? There is a proposed amendment on hold that has a new timeline.

Luther – ODOT has expressed strong concerns regarding City requesting and pushing the timeline out further, currently the deadline is May 31st, need to acquire the right-of-ways by that time.

MOTION made by Councilor Boggs to continue proposed action of Resolution 2014.07 – Exercise Power of Eminent Domain until May 27, 2014 meeting; second by Councilor McKnight.

Discussion: None In Favor: Councilors Klassen, McKnight, Meier, Stone, Boggs, Egbert and Mayor Cameron Opposed: None Motion passed unanimously.

 Bid Award – Pavement Overlays

Staff Report – CDD, Vicki Luther, reported the bid opening May 1st was for three project overlays:

Dakota St. (Hwy 138 to Clover Leaf Loop; E. Fourth Avenue (Sherwood Drive east to Crown Point: and E. Everett Avenue (Umatilla St. east to Waite St). These projects are expected to be completed this current budget year. Bids came in under engineer’s estimate; lowest bidder was Knife River for $98,982.

Staff recommendation to award the bid as identified.

Councilor Stone – How did you decide on these three areas for the overlays? We actually had five on the list, it was decided two will be moved to next budget year, decision was based upon the wearing on the road. City is planning to have an ongoing program regarding the maintenance.

MOTION made by Councilor McKnight to award contract in the amount of $98,982 to Knife River for FY 2013-14 Pavement Management Overlays as identified; second by Councilor Boggs.

Discussion: None In Favor: Councilors Klassen, McKnight, Meier, Stone, Boggs, Egbert and Mayor Cameron Opposed: None Motion passed unanimously.

o Alaska Sutherlin Knolls Agreement {Councilor Klassen removes herself from Council seat to join audience due to her declaration of conflict of interest}.

Staff Report – City Attorney, Chad Jacobs explained the proposed dedication agreement between Alaska Sutherland Knolls Corporation (ASKC) and the City of Sutherlin for portions of Scardi Blvd. Issues have come before the Planning Commission and there is a pending appeal before the Council. After this document was created, some issues arose, one of which is the creation of a sidewalk that has yet to be resolved. Council can approve the agreement as it was originally drafted or present concerns at this time;

part of the confusion and cause of delay is the location of the proposed sidewalks.

Gillham explained, concerns were voiced at a previous meeting concerning additional vehicle traffic associated with the Galpin development adding pedestrian hazards along Scardi Blvd/Dovetail Lane; the sidewalk would be approximately 1,000 ft. rather than the previously estimated 500 ft. This is a high priority for Council and a long term best interest for that sidewalk to be put in place and the responsibility of owner of that development.

–  –  –

Councilor Boggs – Is the only issue with that portion of the road? There is another question and concerning the infrastructure owned by the Home Owners Association (HOA) and if it is part of that right-of-way and how it may affect this agreement.

Attorney, Zack Mittge, speaking on behalf of ASKC, stated he was not anticipating the sidewalk issues at tonight’s meeting; these concerns were presented at the latter part of last week, have not had a chance to review. In 2007 there was a discussion between the City and ASKC regarding the sidewalk on the northerly side of Scardi Blvd. At that time it was in agreement that the ending location of the sidewalk would be at the end of Dovetail Lane. As-built drawings have been submitted to the City Attorney regarding that discussion, as well as draft language regarding private utilities located in the right-of-way under Scardi Blvd.

Would like to urge Council to authorize City Manager to sign this agreement once the final form is available; want to get the sidewalk issue clarified and resolved before dedication agreement is to be signed. Appreciate City Manager, Gillham, raising questions regarding the sidewalk issues.

Councilor Stone – Concerned that City took over a street that is substandard, with no curb or gutters on the north side of Scardi Blvd. and now the taxpayers have to pay for a sidewalk, curb and gutter for a subdivision ASKC wants to build. Mittge - To the best of my knowledge the agreement was City would take over the dedication of the street. The property that I believe you’re talking about is industrial property located west of this development, with the understanding that when the industrial user came in to develop this property, the sidewalk, curbs and gutters would be part of that development. The end of the dedicated area would be just short of Culver Loop parallel to the edge of Lot #52.

After discussions regarding the proposed agreement, Councilor Boggs suggested tabling the approval, would like to tour the site with Public Works, for a better understanding.

MOTION made by Councilor Boggs to table the approval of the Alaska Sutherlin Knolls Agreement as until next Council meeting; second by Councilor McKnight.

Discussion: Jacobs – For clarification purposes, this dedication agreement was a process to resolve the appeal that is related to the Galpin Development, approved by the Planning Commission. Under State law, the City has 120 days for the land use process; that time will end around June 20th, will need to be acted on at the next Council meeting. If this does not go through and the appeal has to happen, will have to schedule the hearing itself at the first meeting in June in order to meet that deadline.

Councilor Egbert – Requesting maps or aerials showing the area identified in the proposed agreement.

In Favor: Councilors McKnight, Meier, Stone, Boggs, Egbert and Mayor Cameron Opposed: None Abstain: Councilor Klassen, conflict of interest Motion carried.

o Council Meeting Time Limit Mayor Cameron stated there has been a request to put a time limit on Council meetings.

Councilor Klassen – Would like to propose, with some adjustment to the agenda, limiting meeting end times to 9:00 pm. If meetings need to go beyond that time, would need to be done by Council vote.

Suggesting Council Comments limited to five minutes per Council member.

Councilor McKnight – Concerned with Public Comment (non-agenda items) at the end of the meeting, many times the public leaves the meeting because of the late night. Read a statement regarding discussions at meetings, “Remember monthly meeting time is limited, please ask questions or make statements that will benefit the group; individual comments or questions that can be handled on a one to one basis should be handled outside the meeting”. Concerned Council Comments portion of the agenda regarding lists of questions that lead to debate, meeting gets off track, repeated questions are presented, if

–  –  –

questions are not answered contact the City Manager with email or phone call or put on the agenda for discussion.

MOTION made by Councilor Boggs to limit Council meetings to 9:00pm; second by Councilor McKnight.

Discussion: Council Klassen – If full Council decides to extend time limit on a topic would require a majority vote by Council.

AMENDED MOTION made by Councilor Boggs to limit Council meetings to 9:00pm, if extended time is needed would require Council majority vote.

Discussion: Council Egbert – Concerned not receiving enough information from Staff to be able to make a decision and does not understand the problem with late meetings.

City Manager, Gillham, stated the two items on the agenda that required more information were anomalies regarding information received earlier today.



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