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Minutes - 02/27/2006 COUNCIL MEETING MINUTES FEBRUARY 27, 2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 27, 2006. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Absent. Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Interim Community Development Director Zwerdling, Finance Director Gillespie, Public Works Manager Rohman, Police Captain Tennant, City Recorder Tennant Mayor Figley stated that Councilor Sifuentez was not in attendance due to illness. 0060 ANNOUNCEMENTS. A) Election filing period for Mayor and Council Positions: The designated filing period for the following positions will begin March 2, 2006 and conclude on August 29, 2006 at 5:00 p.m.: Mayor - At large position (2 year term) Councilor Ward III - Precinct 835 (4 year term) Councilor Ward IV - Precinct 845 (4 year term) Councilor Ward V - Precinct 855 (4 year term) Residents interested in filing for one of the above positions can obtain an application packet from the City Recorder's office. 0105 APPOINTMENTS: BUDGET COMMITTEE AND LIBRARY BOARD. Mayor Figley appointed John Reinhardt to Position N of the Budget Committee with his term expiring December 31, 2008, and Nancy Kirksey to Position III of the Library Board with her term expiring December 31, 2009. Mayor Figley introduced Mr. Reinhardt to the Council and briefly summarized his qualifications for the Budget Committee position. COX/LONERGAN... approve the appointment of John Reinhardt to the Budget Committee and Nancy Kirksey to the Library Board. The motion passed unanimously. Page 1 - Council Meeting Minutes, February 27,2006 1 COUNCIL MEETING MINUTES FEBRUARY 27, 2006 TAPE READING 0163 PROCLAMATION: GIRL SCOUT WEEK. MARCH 10-16. 2006. Mayor Figley read the proclamation recognizing the Girl Scout organization for 94 years of service to young women nationwide in providing them skills to succeed. Local scout members and their leaders were in attendance to receive the proclamation. 0395 PROCLAMATION: WOODBURN TULIP FESTIVAL. MARCH 25 - APRIL 30. 2006. Mayor Figley proclaimed March 25-April 30, 2006 as Woodburn Tulip Festival Month and encourage the local community members to visit the tulip fields and support this annual event which promotes Woodburn nationwide. Barb Iverson, representing Iverson Farms (tulip field location), was in attendance to accept a framed copy of the Proclamation. 0510 PROCLAMATION: AL'S GARDEN CENTER DAY. MARCH 20. 2006. Mayor Figley stated that AI's Garden Center had been recognized as Garden Center of the Year for 2005 from the Garden Centers of America organization. AI's was selected from among 400 Garden Centers nationwide and they are the first Garden Center on the west coast to be honored. She read the proclamation declaring March 20, 2006 as AI's Garden Center Day and, on behalf of the City, thanked AI's for their contributions to the nursery industry along with improving the quality of life and beautification of our community. Jack Bigej, owner, along with some of his family members and staff were in attendance to accept a framed copy of the proclamation. 0830 PRESENTATION: POLICE OFFICER AWARDS. Awards, along with a brief summary of the actions taken by the employees to achieve the awards, were presented to the following police officers by Chief Russell: Distinguished Service Medal: Sergeant Jason Alexander, Sergeant Jason Brockie, Officer Santiago Kent, Officer John Mikkola, and Officer Lindybeth Wilkin Medal of Valor: Sergeant Jason Alexander, Sergeant Jason Brockie, Officer John Mikkola, Officer Robert Rodriguez, Officer Santiago Kent, Officer Jason Millican, and Officer Rick Puente 1536 PRESENTATION: 2005 CRIME REPORTS. Police Chief Russell stated that the 2005 reports show that Woodburn did not have an increase in violent index crimes (murder, forcible rape, robbery, and aggravated assault) but there was an increase in property index crimes (burglary, theft, motor vehicle theft, and arson). The adjusted crime rate by population gives the City a true idea of what is going on within our community and, for 2005, there was a 1.19% reduction (-1.19%) in violent crimes and a 8% increase (+8%) in property crimes with the total index increased by 8.42% (+8.42%). In looking at a 3-year average, violent crimes decreased by 10.26% Page 2 - Council Meeting Minutes, February 27,2006 T COUNCIL MEETING MINUTES FEBRUARY 27, 2006 TAPE READING (-10.26%) and property crimes are down 5.5% (-5.5%) with the total index decreasing by 4.23% (-4.23%). In regards to case clearance rates, he stated that his department is tracking either at par with or slightly ahead of the Western United States for violent crimes and slightly behind for property crimes. It was noted that violent crimes take more staff time but, by volume of calls, the police department spends more time on property crimes. He stated that there is a methamphetamine connection with property crimes which include fraud and identity theft, embezzlement, theft, and numerous burglary, assaults, and other related cases. Additionally, Oregon is ranked 5th in the nation on methamphetamine lab seizures and, by state legislative action making certain over the counter drugs to be dispensed from the pharmacy thereby making it more difficult for drug production, the number of lab seizures has decreased and, within Woodburn, there have been no lab seizures since October 2005. However, foreign produced methamphetamine is now being distributed and his staff is targeting their efforts in apprehending those individuals who deal in the foreign produced methamphetamine. His department is committed to maintaining their aggressive enforcement to attack the street level and mid-level dealers which includes foot patrol, the Community Response Team, and the Marion County Sheriffs Office drug team. Prevention work involves working with the Meth Task Force Partners to get information out to the community. In regards to education, the Police Department goals include strengthening neighborhood connections through police patrol districts and district meetings and academies to get key people in to help the department work with the neighborhoods on prevention of crime. Lastly, gang suppression is another topic of discussion which will be brought back to the Council in a future presentation. 2512 Councilor McCallum questioned if the individuals cited for crimes are getting into the system and being held accountable. Chief Russell stated that in the adult system, there is a lot of tolerance by the District Attorney's office on property crimes since their emphasis is on person crimes. They have improved their ability to prosecute drug cases but many of the first time offense property crimes are set aside by the DA's office until such time as there is an additional offense then the first offense is brought forward for legal action. However, his department has discussed with the District Attorney cases in which an individual has numerous petty offenses that need to be dealt with. Within the juvenile system, there are similar issues and a meeting has been scheduled for next week to check on what is happening with some of the cases that are not coming forward. Councilor McCallum stated that he is a member of the Marion County Public Safety Coordinating Council and, during a recent presentation by the Mexican Consulate, it was pointed out that over the last year in Mexico, they had raided and taken over 28 labs producing illegal drugs. The U.S. Attorney is putting resources forward to help combat the drug problem in the United States. Page 3 - Council Meeting Minutes, February 27,2006 T COUNCIL MEETING MINUTES FEBRUARY 27,2006 TAPE READING 2842 CHAMBER OF COMMERCE REPORT. Nick Harville, Executive Director, stated that staff member Ronda Judson will be leaving the Chamber office as of June 30, 2006 and the Chamber is currently in the process of finding a replacement for her. Additionally, they are looking at alternative office space and they are gathering information in order to make an educated decision in the event it is decided to relocate. He stated that the Business Summit was a success and over 150 youth attended the Career Fair. The next step is to hold some smaller roundtable discussions bringing education and industry together to discuss workforce development issues and on how education and industry can work together even more. The Distinguished Service Award (DSA) recipients will be notified tomorrow and honored at the upcoming DSA banquet. Lastly, he provided a brief report on a survey gathered at a recent travel trade show and the top two answers that people associate with Woodburn are 1) Woodburn Company Stores and 2) Tulip Festival. He stated that the Drag Strip also brings a lot of people to our City and many responses did list the Drag Strip on the survey. In regards to the Tourism Center, the number of visitor s has slowed down a little due to the time of the year but it will pick-up in the spring when the Center will be open from 12:00 noon to 9:00 pm. 3278 Nancy Kirksey stated that she has been a resident of Woodburn for 35 years and, just prior to their move, they were told not to come to Woodburn because Woodburn voters did not pass school budgets. She was glad to hear that Woodburn is thought of in a positive perspective based on the Chamber's survey results rather than voting down school budgets. 3350 CONSENT AGENDA. A) approve Council minutes of February 13,2006; B) accept the Planning Commission minutes of January 12, 2006; C) receive the Aquatic Center Revenue Comparison report; and D) receive the Recreation Services Division Attendance report. NICHOLS/MCCALLUM... adopt the consent agenda as presented. The motion passed unanimously. 3427 PUBLIC HEARING: AMBULANCE RATES. Mayor Figley declared the public hearing open at 7:55 p.m.. Finance Director Gillespie stated that Woodburn Ambulance had requested a rate increase to offset a 20% decrease in Medicare reimbursements. He reviewed the proposed rates which were included in the staff report. In looking at the request, staff looked at the business's ability to continue operation and, in protecting the consumer, that the proposed rates were not too high. The City's auditors looked at the rate of return and they determined that Woodburn Ambulance's rate of return is 5.5% which is below the industry standard of 12%-15% thereby confirming that the rate increase is justified. In Page 4 - Council Meeting Minutes, February 27,2006 1r COUNCIL MEETING MINUTES FEBRUARY 27, 2006 TAPE READING comparing the rates to other communities, the comparison indicates that the rates are within the range. If the rates are increased, the City anticipates an increase of $1 ,900 per year in franchise fee revenue. Councilor McCallum questioned the percentage of clients that fall into the Medicare category. Director Gillespie stated that he would defer that question to Shawn Baird of Woodburn Ambulance. In regards to the rate of return, he stated that it is based on investment. Councilor Cox stated that a rate of return on investment could be misleading since it is unknown as to what extent executive compensation is provided to insiders and this compensation could skew the rate of return. Director Gillespie stated that the executives are taking some of their compensation out as salary and some of it out in draws against the equity. It was noted that the audit report had been provided by Woodburn Ambulance and the City's auditors were used in a management consultant capacity rather than actually auditing the company's financial records. The comparison to other ambulance companies was a basic survey of information on their ambulance rates. 3950 Shawn Baird, one of three owners of Woodburn Ambulance, stated that the company began in 1978 and is currently serving Woodburn, Mt. Angel, Silverton, and Aurora. Their service area covers approximately 400 square miles which is assigned by the Marion County Commissioners for response to emergency calls. Non-emergency calls are not regulated by the County which is why other ambulance companies are sometimes delivering or picking up patients within the City. During peak hours, they have 5 ambulances stationed for deployment and during off-peak hours, they have 3 ambulances available. Additionally, these ambulances are on a flexible deployment plan to cover those time periods in which one of the unit areas is busy. All of the dispatching is done through NORCOM which has worked very well and they use a local medical director out of Silverton Hospital. They have been committed to doing committee oriented activities which includes various board memberships, an educational program within the schools, a bicycle helmet give away program, and assisting with the Chemeketa Community College para-medic training program by providing two ambulances for their program. In regards to call percentages, he stated that 60% of the calls are covered under Medicare, 10% are covered under Medicaid or Oregon Health Plan, 25% are covered under either employer provided commercial insurance or automobile insurance, and 5% of the calls are private pay. He stated that ambulance companies were put on a national fee schedule about 5 years ago that averaged rates across the nation to come up with a rate that Medicare would pay for ambulance services. As a result, the rate paid to service providers in the states of Oregon, Washington, Alaska, and Hawaii was cut approximately 50% whereas most other states received an increase in reimbursement rates. For example, in calendar year 2000 Woodburn Ambulance would have received $660 from Medicare for a service call whereas in 2005 they only receive $404. As a result, cost shifting is necessary by Page 5 - Council Meeting Minutes, February 27,2006 1 COUNCIL MEETING MINUTES FEBRUARY 27, 2006 TAPE READING increasing rates to the small segment of the population that is covered by other insurance. He reiterated that Medicare and Medicaid covered patients are not affected by this rate Increase. Councilor Nichols questioned the number of individuals covered under their ambulance membership policy. Mr. Baird stated that they have just under 2,000 membership policies and that number has remained fairly constant over the years. The membership policies cover any balances or co-payments and it covers unlimited trips during the year. Even though the membership policies are regulated by the State Insurance Commission, the policies are not considered as insurance. In regards to staffing and response time, he stated that they have 32 full- time employees and 18 part-time employees. The response time within the City is 12 minutes which is within the 90% standard threshold filed with the County. Councilor McCallum questioned if Woodburn Ambulance is responsible for the training of employees. Mr. Baird stated that Woodburn Ambulance provides enough training every month for employees to maintain their certification in addition to courses on special topics. Councilor McCallum questioned the cost to equip an ambulance and cost to keep it up-to- date on a yearly basis. Mr. Baird stated that the initial cost is approximately $70,000 for the vehicle, $10,000 for miscellaneous vehicle equipment, and $20,000 for medical equipment. On the new vehicles, it is anticipated that they will be able to put 400,000 miles on the vehicle (previous vehicles replaced after 200,000 miles) thereby reducing the rate per mile cost. Councilor Cox questioned Mr. Baird on how the membership plan is regulated by the State. Mr. Baird stated that they had done an initial filing with the State Insurance Commission and Woodburn Ambulance is subject to their audit. There are no rate filings with the State. Councilor Cox stated that many of the elderly people in Senior Estates under a very limited income have purchased the membership policies but he has advised them not to purchase the policy since it is an expense that is not necessary since those individuals do have Medicare. He questioned what Woodburn Ambulance does do if a person receives ambulance service, has Medicare, and a membership policy. Mr. Baird stated that they do bill Medicare and if there is a balance, the membership policy is billed. He stated that not all services are covered under Medicare and if that does occur, then the bill reverts back to the patient. The membership policy would protect the patient from unpaid bills. In those cases where the Ambulance company comes out to do an assessment, give an intervention, and then the patient elects not to go to the hospital, Medicare would deny the claim and the patient would be billed for the charge. These charges would then be billed to the membership policy. Councilor Cox questioned if Woodburn Ambulance had franchises with the other cities they service. Page 6 - Council Meeting Minutes, February 27,2006 T COUNCIL MEETING MINUTES FEBRUARY 27, 2006 TAPE READING Mr. Baird stated that they do have a franchise with the City ofMt. Angel. Councilor Cox questioned if Woodburn Ambulance had any agreements with HMO's or insurance companies to provide service for them at a rate which is different from the stated rate. Mr. Baird stated that they do not have any negotiated rates. Councilor Cox stated that the membership policies bring in about $100,000 per year but he is still not fully satisfied with the information provided on these policies. He is not unhappy with the business and realizes that they do need to make a rate of return. Councilor Nichols stated that each trip costs a specific amount of money and if Medicare does not pay the full cost, the membership policy will pick-up the difference. Mr. Baird stated that Medicare will pay for transport to the closest appropriate hospital (Silverton Hospital) and, in many cases, additional transport costs are not covered by Medicare since the patient requests transport to Meridian Park or Salem Memorial hospital. The patient is responsible for the additional transport cost and a membership policy will cover these additional costs.. Tape 2 0001 No one in the audience spoke either for or against the proposed rateincrease. Mayor Figley declared the hearing closed at 8:30 p.m.. Councilor McCallum stated that Woodburn has seen a vast increase in the health care available to our residents and feels that Woodburn Ambulance plays an important part in our community. Ambulance service is very expensive but feels that the rate increase is justified. NICHOLS/MCCALLUM... direct staff to prepare a Resolution to substantiate the Council's decision to grant the increase. Councilor Bjelland stated that the increase is approximately 15.6% increase over a fee schedule that was established in 2002 which is equivalent to about a 4% annual rate increase. As it relates to other health care increases, this is a reasonable rate increase. The Mayor also expressed her support for the requested rate increase. The motion passed unanimously. 0224 COUNCIL BILL 2614 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2005-06. Councilor McCallum introduced Council Bill 2614. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2614 duly passed with the emergency clause. 0305 2006 OLCC LIQUOR LICENSE RENEWALS. Based on established guidelines and procedures for liquor license recommendations, the Police Chief recommended the following renewal of liquor licenses for the year 2006: Page 7 - Council Meeting Minutes, February 27,2006 I COUNCIL MEETING MINUTES FEBRUARY 27, 2006 TAPE READING Off-Premise Sales: 7-11 Store #2353-17416B; Safeway Store #1976; Bi-Mart #643; Crossroads Grocery & Deli; Salvador's Bakery I; E-Z Stop Market Grocery & Deli; Senior Estates Restaurant; Gary's Market #1; Woodburn Shop N Kart; The Raven Inn; O'Donnell Enterprises (AM- PM Mini Mart); OLCC Store #60; Su Casa Imports; Woodburn Stop N Go; Piper's Jewelry; Woodburn Station; Woodburn Fast Serve (Woodburn Chevron); Roth's IGA Foodliner; Young Street Market; Walmart Supercenter #1793; US Market #109; andYour Northwest. Full On-Premise Sales: Chu's Eatery; Los Cabos Mexican Restaurant; Lupita's; Eagle's Lodge #3284; OGA Members Course; Elmer's Restaurant; Denny's at Woodburn; The End Zone Sports Bar; Elk's Lodge #2637; Rumors Bar & Grill; Yun Wah Chinese Restaurant; Salvador's Bakery III/EICorrale; and the Bunker Bar & Grill. Limited On-Premise Sales: Abby's Pizza Inn; Billy 0 Deli & Pub; Pizza Hut; Senior Estates Restaurant; Taqueria Guadalajara; D & D Restaurant; The Raven Inn; 7 Mares Restaurant; Shari's of Woodburn; Nuevo Arandas; Woodburn Lanes; Cactus Grill; Fonzie's Deli; EI Armadillo Loco; and Country Cottage Restaurant. Councilor Cox expressed concern regarding Yun Wah Chinese Restaurant in that they have a high rate of calls especially for being located adjacent to a residential neighborhood. He stated that his constituents complain to him about the noise from the restaurant and incidents occurring in the parking lot. The Police Department has tried to work with the restaurant management and the owners say they are going to cooperate but ultimately there does not seem to be any improvement. Additionally, there are a number of crimes that are occurring in the parking lot and he is appalled by what is going on in that neighborhood. He did not want to put the restaurant out of business but he did not want to support the recommendation to approve the license renewal for this restaurant. Currently the restaurant is under a compliance agreement which does not seem to be working very well and, in hi~ opinion, the owners need to devote some major attention to this issue including having employees whose specific job is to patrol their parking lot at busy times and at closing times. If the owners do not believe that they can afford the patrol, then they should not be operating the lounge. The business could still serve beer and wine with the meals since it is not the food service that causes the problems. He realizes that whatever the Council does do it is a recommendation to OLCC and OLCC will do whatever they want to in regards to the license. He reiterated that the Council should make a stand that this is not a tolerable situation at Yun Wah's. Councilor McCallum questioned how long Yun Wah's has been on a compliance plan. Chief Russell stated that during the latter part of December 2005, Yun Wah's was issued 3 warnings and 1 citation for some offenses and, as a result, is now under an OLCC Page 8 - Council Meeting Minutes, February 27,2006 T COUNCIL MEETING MINUTES FEBRUARY 27, 2006 TAPE READING Compliance Plan which requires them to comply rather than a City compliance plan which is voluntary compliance. Future offenses will lead to sanctions if they do not comply such as suspension or loss of their license. Over the last several weeks, OLCC and the Police Department have been meeting with the owners ofYun Wah's to try and resolve this issue, otherwise, OLCC will impose some type of sanction. Councilor Bj elland questioned if a bar check involves responding to a call for service or if it is the Police Department making an unsolicited visitation of the premise to determine compliance. Chief Russell stated that a bar check is an unsolicited visitation on the part of the police officer. The Council's recommendation will be forwarded to OLCC, however, OLCC will make the final determination of license renewals. Councilor McCallum stated that another restaurant located on Highway 99E had 3 incidents in the previous year for serving minors and he questioned if that situation had been resolved. Chief Russell stated that the establishment has not had any more violations and they have gone through the responsible server program through OLCC. Brief discussion was also held regarding the license Roth's Foodliner has had in the past. With the closing of the store, the license will go away ifit is not used within OLCC's established time period, and once the license is invalid, any new owner would need to apply for a new OLCC license. 1000 COX/MCCALLUM... recommend to OLCC the renewal of all liquor licenses with the exception ofYun Wah's and the staff send, along with the Council's finding, an explanatory letter and to also let OLCC know that the Council would have no objection to Yun Wah's having a license that would allow beer and wine to be served with meals. Councilor Nichols stated that he did not agree with the portion of the motion that would recommend the renewal of all licenses but he did agree with the recommendation not to renew Yun Wah's liquor license. Councilor Bjelland expressed his concern on the types of issues involved since they are not all related to the business operation. For example, parking lot thefts are taking place outside of the establishment and they mayor may not be a result of the patrons within the establishment. Councilor Cox expressed his opinion in that a business continues to be responsible for the acts patrons they serve alcohol to even when they leave the building to go out to the parking lot. This would include the business being responsible for patrolling the parking lot so that patrons do not continue their partying activities outside of the building. He felt that a business located adjacent to a residential neighborhood has a higher duty with regard to the impact it has on their surrounding neighbors. Councilor Bjelland expressed his opinion that this is a compliance issue and should be taken into a compliance program and, since the compliance plan has just recently been issued, they should be given an opportunity to make necessary corrections. Chief Russell stated that the issues being discussed have been part of a compliance plan Page 9 - Council Meeting Minutes, February 27,2006 1 COUNCIL MEETING MINUTES FEBRUARY 27, 2006 TAPE READING but the current issues being addressed by OLCC is over service, an unruly house, and serving visibly intoxicated people. The issues in the parking lot had been addressed in an earlier voluntary compliance plan and those issues have been less of a problem, therefore, the current compliance plan focuses on minors in the lounge, service issues, and fights within the property. He reiterated that non-compliance with the OLCC plan will result in more severe penalties to the establishment. Councilor Cox stated that he would withdraw the portion of his motion that relates to allowing the business to serve beer and wine with their food service. Councilor McCallum agreed to the withdrawal of the language. On roll call vote to recommend renewal of the 2006 liquor license renewals with the exception ofYun Wah's, the motion passed 4-1 with Councilor Nichols voting nay. 1480 CITY ADMINISTRATOR'S REPORT. It was the consensus of the Council that Administrator Brown would contact them individually to provide them with updates on the Community Development Director recruitment. 1525 MAYOR AND COUNCIL REPORTS. Councilor Cox stated that he is willing to serve another 4 years as Ward IV Councilor and plans on filing for the position but, due to his age, he is also willing to let someone else serve on the Council provided that he feels that they would be a good, and qualified, person to serve in this position. If that does occur, he will support them in their campaign for office. Councilor Lonergan stated that this was one of his favorite Council meetings since it included appointments of two good individuals to the Budget Committee and Library Board in addition to the Proclamations and Presentations. He stated that he was very proud to be a part of Woodburn. Councilor McCallum reminded the public that the Mayor's Prayer Breakfast will be held on March loth, 6:30 am, at the United Methodist Church. He also stated that an event is scheduled on March 8th in Woodburn regarding Clean Water and questioned if the Council and general public were invited to attend. Administrator Brown stated that staffhad distributed the information to the Council so that they would be aware of this event, however, it is not a City generated document. The Council is invited to attend and the Mayor will be Master of Ceremonies for this event. Mayor Figley stated that she will be filing for another term as Mayor since she continues to be reminded of all of the positive things happening within our community. Page 10 - Council Meeting Minutes, February 27,2006 T COUNCIL MEETING MINUTES FEBRUARY 27, 2006 TAPE READING 1843 ADJOURNMENT. NICHOLS/MCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:03 p.m.. v ATTEST !llo~ ~,~ MarY Te ant, Recorder City of Wood bum, Oregon Page 11 - Council Meeting Minutes, February 27,2006 1