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Minutes - 05/24/2006 SPECIAL COUNCIL MEETING MINUTES MAY 24, 2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 24, 2006. Prior to the start of the meeting, Mayor Figley requested a moment of silence in memory Griselda Galicia whose recent death occurred at the Aquatic Center. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0025 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Absent Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Interim Community Development Director Zwerdling, Police Captain Tennant, Recreation Services Manager Patterson, Senior Civil Engineering Technician Scott, City Recorder Tennant 0107 ANNOUNCEMENTS. A) Holiday Office Closures: In observance of Memorial Day, City offices will be closed on Monday, May 29,2006 while the Library will be closed on May 28th and May 29th. The Aquatic Center will be open from 1 :00 pm to 4:00 pm. B) Budget Hearings: Public Hearings will be held on the City budget and the Urban Renewal Budget on Monday, June 12,2006, in the City Hall Council Chambers. C) Public Hearing Date Change: The Marion County Board of Commissioners has changed the date of the public hearing continuance on Legislative Amendment 06-02 (Woodburn Periodic Review) from May 24,2006 to June 5,2006 beginning at 7:00 p.m in the City Hall Council Chambers. The Commissioners will meet at 6:30 pm to conduct a public hearing on Marion County's Butteville Road issue. D) Board Vacancies: Applications for vacant positions on the Recreation & Park Board and on the Library Board can be obtained through the City Administrator's office. 0242 PROCLAMATION: BUDDY POPPY WEEK - MAY 18-31.2006. Mayor Figley stated that she had learned at a young age that purchasing a buddy poppy contributed to the financial assistance of disabled and needy veterans and their families. She proclaimed May 18-31,2006 as Buddy Poppy Week and encouraged local residents to support Veterans through the purchase of Buddy Poppies. Page 1 - Special Council Meeting Minutes, May 24, 2006 .,," SPECIAL COUNCIL MEETING MINUTES MAY 24, 2006 TAPE READING Jack Ryder, representing the Veterans of Foreign War (VFW) Woodburn Post, stated that poppies are being sold in front of the Safeway and Wal-mart stores. He thanked the Mayor, Council, and City staff for their public service and for the sacrifices they make in fulfilling their duties. He also thanked the Mayor and Council for recognizing the worthiness of the Buddy Poppy program in assisting the troops, the veterans, and community activities. 0432 PRESENTATION: GRAFFITI AND GANGS. Police Chief Russell stated that staff had been requested to provide information to the Council on a status of graffiti and gangs, and ideas on how to improve the situation within our community. He stated that graffiti usually has a gang related component which will mark "turf', make announcements, prove gang loyalty, intimidate those who may read it, and will attract attention. Often times, graffiti is applied by young recruits while older gang members give the directions. The young recruits are, in many cases, looking for a family atmosphere or something to belong to which a gang can provide but that component it is not what many individuals would perceive as normal family values. He reviewed statistical information for January 2006 through April 2006 on vandalism versus graffiti incidents, and vandalism arrests. He stated that officers indicate in the police report if graffiti was used and if the vandalism was gang related which is how the infornlation is captured into the City's tracking system. Currently, there is no offense that tracks graffiti in the FBI crime reporting standards. Examples of vandalism not involving graffiti are tire slashing, window breakage, and other similar criminal mischief offenses. It was also noted that the statistics show what has been reported to the Police Department and there are, most likely, many other cases that have occurred within the City that have not been reported. In regards to vandalism arrests, there are statutory provisions for applying graffiti and possessing graffiti instruments. However, City officers will charge an individual with vandalism rather than graffiti since vandalism is a crime and penalties involve potential fine and jail sentence. Adults are handled through the Marion County criminal justice system while juveniles are handled through the Marion County Juvenile system. He reviewed the process followed by a juvenile when they are taken into custody. If the Judge places a juvenile under probation, the juvenile is provided supervision, potentially eligible for an intervention or treatment programs, may pay restitution or perform community service, and, in some cases, placed in detention. He stated that he has been assured by the Juvenile Department that gang related cases are moved into probation unless the juvenile has agreed to diversion. The Juvenile Judge has full authority to decide what sanctions and how much the parent is involved in the issue. The juvenile system is facing a number of challenges which include a lack of Probation Officer resources, treatment resources, and intervention programs. He reviewed the Police Department's current gang intervention efforts which involves targeted gang enforcement, bi-lingual presentations to parents, intelligence information from our School Resource Officer, School District assistance with gang intervention and Page 2 - Special Council Meeting Minutes, May 24, 2006 '. SPECIAL COUNCIL MEETING MINUTES MAY 24, 2006 TAPE READING prevention activities, working with public and local businesses on graffiti and paint security, and offering a $200 reward for information leading to an arrest. Last summer, a state grant intensified gang offender supervision efforts and Woodburn Police and Juvenile Probation Officers made home visits and street contacts twice a week. This operation was effective at reducing gang violence and incidences last summer but there is no funding for this program in 2006. He also stated that the Police Department is involved in the multi-jurisdictional gang meetings that occur monthly with agencies both to the north and south of Woodburn participating in these meetings. He reminded the Council that Woodburn was one of the first cities in Oregon to adopt a Graffiti Ordinance which requires removal of graffiti within 10 days by the property owner. The Woodburn Development Ordinance (WDO) also requires graffiti resistant coatings on buffer walls and it leaves the door open for additional requirements should the Council decide to change building requirements in that area. Chief Russell stated that graffiti resistant coating does work and if paint is applied it is easy to remove. Staff looked at ordinance provisions from Silverton and Salem relating to daytime curfew generally between 8:00 am to 2 :00 pm that coincides with school time hours. The Silverton ordinance provides for local accountability thru Peer Court for issues not addressed by the Juvenile Division, local supervision is required, there are no gang, youth or parent intervention components, funding is mainly through the City's general fund resources, and there are some potential legal challenges to this ordinance. Another approach used is based on State Statute 163.577 (Parent Accountability) relating to failure to supervise a child. Elements of this statute would apply if it is found that (1) the juvenile is under 15 years of age, (2) juvenile needs to be found in jurisdiction of the court, (3) the parent failed to take reasonable steps to control the child, and (4) the juvenile court has jurisdiction over the first offense. If a parent appears on such a matter in juvenile court, the juvenile court has the jurisdiction and it is a Class A violation on a criminal violation and the limit of restitution is $2,500.00. This statute is available for the Police Department to use but the Marion County District Attorney's office is currently not charging violations at this time. Some of the ordinances adopted by other cities mirror this statute and the local agency is responsible for funding and supervision. He stated that in calendar year 2005, the Police Department charged 484 juvenile offenses and the challenge is to determine which offenses should be put under an accountability ordinance. Staff has been doing some research into this issue and a possible amendment could be made to the City's existing Graffiti ordinance that could be based on ORS 163.577 but would apply to graffiti specific violations. The ordinance could include parental accountability provisions similar to the City's curfew ordinance and, to some degree, be coordinated with the Juvenile Courts efforts. In regards to Spray Paint control, staff could not locate any ordinances in Oregon and adopted ordinances in California have been widely litigated. Staff has been requesting voluntary compliance with local businesses. It was also suggested that changes to the City's code on requiring additional graffiti resistant surfaces might be more effective over time. He reiterated that early intervention is the key to Page 3 - Special Council Meeting Minutes, May 24, 2006 '" SPECIAL COUNCIL MEETING MINUTES MAY 24, 2006 TAPE READING reach gang affected youth. Juvenile staff has requested the County to increase Probation Officer supervision time, provide additional bi-lingual intervention programs, and impose more parental accountability sanctions in gang cases but their requests are part of the County budget process and no decisions have been made as of this date. Challenges to the Police Department involve (1) funding issues from the Juvenile Division, (2) parental involvement, (3) parent education, (4) reporting of graffiti and gang activities by the public, and (5) advocacy with service providers. Actions the Council can taken include giving staff direction on ordinance revisions, supporting the Weed & Seed grant request, and continue to support gang enforcement and education efforts. Mayor Figley expressed her appreciation to the Chief for his time and efforts in preparing a thoughtful and informative presentation to the Council and public. 2656 Councilor Cox stated that, subject to potential costs, the Council should consider fine tuning the City's ordinance to bring in a separate Graffiti ordinance violation and bring in some of the parental sanctions that would be available, and to work with parents, at the municipal level. He did not feel that the City would get much assistance from the County due to lack of resources. Additionally, it is unknown as to how much time or expense the additional work would place on the City's Municipal Court and some type of system would need to be set up to monitor and track at the police level. rfthe City can work out the financial issues so that it can be handled within our Municipal Court structure without a large financial investment, he was inclined to use that as the City's first approach to address this issue. Councilor Bjelland stated that he would also like to see ifthere are some components under the category of vandalism that would fall under the same category as graffiti and, if so, include those vandalism offenses since it all involves damage to property and the intent is to stop gang involvement as early as possible. Chief Russell stated that staff had been talking about an ordinance that would involve any gang related crime but the issue is to establish what is gang related and staff will continue to look at that issue to see if there is a way to encompass more than graffiti. Councilor Cox stated that he was sympathetic to the problems Marion County Juvenile Department faces but feels that it is unacceptable that the County just forwards a letter to the parents. Councilor Bjelland felt that it would provide an incentive for the parents participating in the educational classes if they know that they could be held financially responsible for the actions of their child. It was the consensus of the Council to support staff in their research and to return to the Council with a proposal. 3106 CONSENT AGENDA. A) approve the Council minutes of May 8, 2006; B) accept the Recreation & Parks Board draft minutes of May 9, 2006; C) accept the Planning Commission draft minutes of May 11, 2006; D) accept the Library Board minutes of April 12, 2006; Page 4 - Special Council Meeting Minutes, May 24, 2006 '" SPECIAL COUNCIL MEETING MINUTES MAY 24, 2006 TAPE READING E) accept the Library Monthly Report for March 2006; F) receive the Claims Report for April 2006; G) receive the Recreation Services Division Attendance Report for Apri130, 2006; H) receive the Recreation Services Winter and Spring Revenue Report through April 30, 2006; and I) receive the Police Department Statistical Report for April 2006. NICHOLS/COX... adopt the Consent Agenda as presented. The motion passed unanimously. 3233 ENGINEERING REPORT FOR COUNTRY CLUB ROAD IMPROVEMENT. Public Works Director Tiwari distributed corrections to the document which made A minor modification to a table in reference to area and a minor correction to unit cost detemlination. He stated that this project extends along Country Club Road from one (1) lot east of Astor Way to approximately one (1) block west ofBoones Ferry Road. The improvement includes sidewalks and bikelanes in addition to the two travel lanes for a total roadway width of 36.5 feet. The project cost is estimated at $452,500 which also includes street lighting and undergrounding. He displayed the local improvement district boundary which will include the back lots adjacent to Country Club Road (25%) and front frontage is used for those properties that have direct access to Country Club Road (75%). The properties to the north of the proposed improvement would, in total, be assessed $67,575, however, the developer of those properties has paid $67,600 in advance for this improvement so those properties would not be assessed additional dollars. It was also noted that staff is proposing that the assessment would be the maximum amount to be charged for the improvement and if the project cost more than the estimate, then the City would provide for the additional funding. The Telephone Company made improvements to their property within the last couple of years and were required to improve Country Club Road to their west property line as part of the condition of approval as part of their land use application. The City's overall support for this project is approximately S 179,200 with funding sources through system development charges and the Street / Storm Drain Capital Improvement Fund. He stated that the City's contribution provides for a significant savings to the property owners compared to the property owners paying for the improvements in front of their property. Staff recommended that the Council accept the Engineering Report with the modifications distributed to the Council at this meeting. Councilor Lonergan questioned if the Telephone Company was given an opportunity to be a part of this improvement project. Director Tiwari stated that the Telephone Company wanted to do their improvements about two years ago and they could have waited but they elected to move forward with the building improvement which then required them to make the roadway improvements. Councilor Lonergan questioned why bikeways are on both sides of this street. Page 5 - Special Council Meeting Minutes, May 24, 2006 ,"" SPECIAL COUNCIL MEETING MINUTES MAY 24, 2006 TAPE READING Director Tiwari stated that bikeways in that area are necessary for pedestrian safety. In order to have a single bike lane along the street, there needs to be a specific break between the roadway and the bike lane. Councilor Cox stated that he had previously had numerous questions on the report but has talked to the Director and those questions have been answered satisfactorily. BJELLAND/NICHOLS... approve the engineering report as modified for Country Club Road improvements from Boones Ferry Road to Astor Way, and direct staff to prepare a resolution of intent to improve the roadway. The motion passed unanimously. 4753 ACCEPTANCE OF EASEMENT: WOODBURN SCHOOL DISTRICT NO. 103. Staff recommended the acceptance of a public utility easement from the School District to provide for a connection to supply irrigation water for landscaping plants along Highway 214 near the high school. COX/SIFUENTEZ... authorize staff to accept the public utility easement granted on May 18, 2006 by the W oodbum School District. The motion passed unanimously. 4840 ACCEPTANCE OF EASEMENT: NUEVO AMANECER. LTD. Staff recommended the acceptance of a public utility easement from Nuevo Amanecer, Ltd. for construction of a new water line to irrigate landscape plants along Highway 214. BJELLAND/NICHOLS... authorize the acceptance of a public utility easement granted on May 18,2006 by Nuevo Amanecer, Ltd. The motion passed unanimously. 4890 BID #2005-007-19: BROWN STREET STORM DRAIN IMPROVEMENTS. Bids were received from the following contractors for construction of a new storm drain between Brown Court and Wilson Street: Eagle-Elsner, Inc., $205,408.65; MI Houck Construction Co., $191,862.20; Dunn Construction, Inc., $195,091.00; NW Kodiak Construction, LLC., $172,395.00; and Kerr Contractors, Inc., $135,799.00. The engineer's estimate for this project was $191,692.00. COX/SIFUENTEZ... award the contract for Brown Street Storm improvements, Bid #2005-007 -19, to the lowest responsible bidder Kerr Contractors, Inc., in the amount of $135,799.00. The motion passed unanimously. 4952 CONTRACT AWARD: COMMUNITY CENTER PRE-DESIGN.O Councilor Cox stated that he had read the staff memo and questioned as to who was on the selection team. Recreation Services Manager Patterson stated that the team consisted of City Administrator Brown, Asst. City Engineer David Torgeson, Park & Recreation Board Chair Herb Mittman, and himself. Page 6 - Special Council Meeting Minutes, May 24, 2006 'I' SPECIAL COUNCIL MEETING MINUTES MAY 24, 2006 TAPE READING Councilor Nichols questioned as to where the facility would be located since no decision has been made by the Council on the siting of a new Center. Recreation Services Manager Patterson stated that the Request for Proposal (RFP) specified that the pre-design would include one component with fitness facilities that would be an add-on renovation to the Aquatic Center and the second component is a cultural community center at a place yet to be determined. Part of the RFP is to do a site analysis and make a recommendation to the City on a location. Administrator Brown stated that the consultant would look at some of the alternate sites that the City has considered and they would perform a better site analysis on the fitness of those sites and, once a preferred site has been selected, a pre-design would be drawn to show what the Center would look like on that site. Councilor Nichols expressed some concern regarding consulting costs since the City has done some preliminary design work in the past on a community center building. Councilor Cox stated that this work will need to be done if the City ever expects to have a Community Center and he felt that the City should go ahead with the pre-design work now. The recommended final site selection for the Center will be part of the consultant's work. He also expressed his concern that the City would spend this large amount of planning money and never find a way to finance the construction ofthe facility. Administrator Brown stated that funds received from the sale of the old Community Center (approximately $200,000) have been set aside for this project and the department is trying to obtain a Community Development Block Grant (approximately $300,000) with the hope that between these two amounts the addition to the Aquatic Center can be built. He has more concern regarding construction of the cultural center component of this project and, within this RFP, the City is also requesting some assistance in looking at financing opportunities. The consultants being recommended have had experience in working with non-profit organizations and he felt that the City should obtain some good advice on how the City might be able to go about finding the money needed to construct the cultural center. Mayor Figley stated that the City should get some firm numbers and fairly solid pre- design work as to what will be added onto the Aquatic Center. 5600 COX/SIFUENTEZ... award the architectural pre-design contract to Careleton / Hart Architecture P.c. for the amount not to exceed $34,135.00 plus related reimbursable expenses not to exceed $1,800.00. The motion passed unanimously. 5667 OUTSIDE CITY LIMITS WATER SERVICE: 280 S. PACIFIC HIGHWAY. NICHOLS/COX... authorize the disconnection of the water service at 280 S. Pacific Highway. Councilor Cox stated that passage of this motion will take care of the immediate problem but there still needs to an ordinance brought before the Council to address the policy Issue. Page 7 - Special Council Meeting Minutes, May 24, 2006 '" SPECIAL COUNCIL MEETING MINUTES MAY 24, 2006 TAPE READING Administrator Brown stated that staff will be bringing an ordinance before the Council at a later date. The motion passed unanimously. 5762 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Partition 06-01 and Variance 05-11 located at 715 Corby Street - Partition of existing .81 acre parcel into three (3) single family residential lots in the medium density residential zone (RM) and a variance to the street improvement requirement for Corby Street. B) Community Development Director's approval of Design Review #06-01 located at 2285 National Way - Allows for the construction of a 160 square foot drive-thru coffee and espresso kiosk. No action was taken by the Council on these two land use issues. 5828 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that the Weed and Seed program could bring potentially $1 million to our community over the next several years to deal with the enforcement side of gang activity and a more social side by providing youngsters a better outlet as well as some counseling programs. Communities who have been successful with this program in the past have established a steering committee or strategy task force and staff would like to follow a similar model in developing our own program. A meeting has been scheduled for May 25,2006,6:30 p.m., in the Library's Multi-Purpose room and a number of agencies have been invited to attend to assist in the development of a strategy in order to be successful in applying for these funds. Interested Councilors are invited to attend this meeting. Councilor Cox questioned if any of these grant funds would be available for the Teen Scene program in fiscal year 2006-07. Administrator Brown stated that the Weed and Seed program operates on a federal fiscal year and funding would not be available to the City until fiscal year 2007-08. If the Teen Scene program were to continue in 2006-07, it would need to come from other revenue sources. 6125 City Attorney Shields stated that he has hired Jon Stuart as Assistant City Attorney with his start date being June 1, 2006. He thanked the City Administrator, Police Chief, and Newberg City Attorney Terry Mahr in helping him with the selection process. 6227 MAYOR AND COUNCIL REPORTS. Councilor Nichols expressed his wish that everyone will have a safe and enjoyable Memorial weekend. Councilor Lonergan apologized to the Council and staff for not making it to the last City Council meeting but he was unable to attend due to a business commitment. Page 8 - Special Council Meeting Minutes, May 24, 2006 "" SPECIAL COUNCIL MEETING MINUTES MAY 24, 2006 TAPE READING Councilor Bjelland reported that at the Region II meeting, MW ACT was successful in getting both of their proposed projects approved by Region II and these projects have been forwarded onto the Consensus Committee on the Connect Oregon projects. One of those projects is the Willamette Railroad line improvement. Since each of the five Regions are assured of receiving $15 million and MW ACT had submitted $15,074,000 in projects, he felt pretty comfortable that the rail line improvement would be funded. He stated that he would continue to work on getting that project approved since he will be serving on the Consensus Committee for Connect Oregon and he hoped to obtain some additional money for other MW ACT projects. Connect Oregon funds will be made available for approved projects yet this year. Councilor Bjelland stated that he was also asked to participate in the American Planning Association of American Institute of Certified Planners recent seminar entitled "The Housing Plan". He was one of three seminar speakers and his subjects were the (1) Housing Needs Assessment process and (2) Changing Demographics and their Impact on Housing. The other two speakers were the Deputy Director from California's Department of Housing & Community Development and the Research Director for the National Housing Institute. There were about 500 planners from across the United States and Canada who participated in the seminar session. He felt honored to be asked to put forth the Oregon housing model that he had developed which has been recognized as a best practices across the United States. He will be obtaining a CD-Rom which he will pass on to our staff in case they are interested in the topics covered during the sessions. Mayor Figley congratulated Councilor Bjelland for his work and she was glad to here that he was nationally recognized for his work on the housing model since he puts in a lot of effort in this field. Tape 2 Councilor Sifuentez questioned as to when the City might see some progress on the I-5 interchange. Public Works Manager Rohman stated that staff is hoping to see some improvement begin within the next five years. Once the project gets started, it will be a 2-year construction project. Mayor Figley stated that the street trees that have been planted along Highway 214 near the high school look very attractive and feels that the landscaping project is a great addition to the community. Page 9 - Special Council Meeting Minutes, May 24, 2006 .,. SPECIAL COUNCIL MEETING MINUTES MAY 24, 2006 TAPE READING 0154 ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:30 p.m.. ATTEST Mary Te ant, Recorder City of Woodburn, Oregon Page 10 - Special Council Meeting Minutes, May 24, 2006 ".