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Minutes - 06/12/2006 COUNCIL MEETING MINUTES JUNE 12, 2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 12,2006. 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Finance Director Gillespie, Recreation Services Manager Patterson, City Recorder Tennant 0042 ANNOUNCEMENTS. A) RSVP Volunteer Appreciation Event: An "Old Fashioned Strawberry Social" will be held on Saturday, June 24, 2006, from 2:00 pm until 3:30 pm at Cascade Park Retirement Center. B) Summer Reading Program: Sign-ups for this year's Summer Reading Program will begin on June 17,2006 at the Library. This year's theme is "Paws, Claws, Scales & Tales". C) Library Closure during the summer months: Beginning Sunday, June 18, 2006, the Library will be closed on Sundays through the summer months and will re-open on September 10, 2006. D) Relay for Life Event: This annual event will begin on Friday, June 23, 2006 at 6:00 pm and conclude on Saturday, June 24, 2006 at 12:00 noon. Proceeds from this event will benefit the American Cancer Society. Introduction of new Assistant City Attorney. City Attorney Shields introduced Jonathan Stuart as the City's new Assistant City Attorney who started his employment with the City on June 1, 2006. He stated that Mr. Stuart is a recent graduate from Law School, however, with his work experience from City County Insurance Services and, prior to that, as a Law Clerk in the Marion County District Attorney's office, he feels that Mr. Stuart has made good use of his time to acquire the legal background which will be of a benefit to the City. 0198 APPOINTMENT: LIBRARY BOARD - POSITION I. Mayor Figley appointed Ardis Knaufto serve on the Library Board - Position I, with her term expiring on December 31, 2006. Page 1 - Council Meeting Minutes, June 12, 2006 '" '.... r COUNCIL MEETING MINUTES JUNE 12,2006 TAPE READING NICHOLS/SIFUENTEZ.... approve the appointment of Ardis Knauf to the Library Board with her term expiring on December 31, 2006. The motion passed unanimously. 0230 PROCLAMATION: RELAY FOR LIFE WEEK - JUNE 19-25.2006. Mayor Figley read the proclamation declaring the week of June 19-25,2006 as Relay for Life Week within the City and June 23-24, 2006 as Relay for Life Days and urged local citizens to support this annual community event. She urged citizens to show support to those individuals living with cancer and to honor those individuals who have lost their lives to cancer. She also stated that a corporate banner is hanging at the entrance to City Hall since the City is a platinum sponsor for this event. Personal donations made by the Mayor, Council, and senior management staff paid for this platinum sponsorship. Mayor Figley presented the framed proclamation to Event Chairperson James Audritsh. Mr. Audritsh expressed his appreciation to the City for their support and encouraged the public to attend this annual event. 0490 PRESENTATION: WOODBURN SCHOOL DISTRICT FACILITIES REPORT. School Superintendent Blomberg stated that a Facilities Task Force has been meeting over the last nine (9) months to evaluate school facilities needs based on projected growth, current facility needs and future facility needs. The Task Force consisted of approximately 20 individuals representing all segments of the community and they have recommended the following: 1) need to construct enough space for an additional 750 students in grades K-8; 2) core facility at Nellie Muir School be expanded with the addition of 10 classrooms; 3) expand the High School; and 4) purchase property within the Urban Growth Boundary for a future school site. He stated that Woodburn is one of the youngest and fastest growing communities and it is anticipated that the School District will grow by almost 2,000 students over the next 10 years. The District currently has approximately 4,800 students with over 900 of those students being taught in modular classrooms. At Washington and Lincoln elementary schools, about one-third (1/3) of the students are taught in a modular classroom. He reviewed the student population at each one of the schools all of which are well beyond the core facility limitations in addition to the impact the increased student population has on the libraries and cafeterias. The estimated cost of a new K-8 school is approximately $26 million, expansion of Nellie Muir core facility is approximately $8.7 million, High School expansion is $3.1 million, and the purchase of an estimated 10 acres of land will be between $2-$3 million in today's market. If the total package is kept under $40 million, the cost to the taxpayer will be about $2.00 per $1,000 assessed valuation. He stated that the School District can no longer afford to use their reserves to buy space or rent modular units without diminishing their ability to serve the students. The City continues to see residential growth which results in more students within the schools. In regards to construction costs, it will only get more expensive in the future and, in Page 2 - Council Meeting Minutes, June 12,2006 '..,. T COUNCIL MEETING MINUTES JUNE 12, 2006 TAPE READING comparison to 10 years ago, current construction costs have doubled. He also stated that the District has made some very positive gains in student achievement and continuing to overcrowd the present facilities will jeopardize the progress made to date. In his opinion, good schools and good facilities benefit the entire community and they can be the pride of any community. Councilor Cox questioned if the property owned by the School District, which is outside of the City's current urban growth boundary, will be a location for a new school. Superintendent Blomberg stated that even if that particular piece of property is brought into the urban growth boundary within the near future, he did not see it as a viable option for the location of the next school since the infrastructure is not there and it would be cost prohibitive at this time within the projected bond measure amount. In regards to the Task Force report, the Board is in the process of talking about the report and getting the recommendations out to the community for comments. No later than their July meeting, the School Board will need to act on the report by either approving it in whole or modifying the report. Councilor McCallum questioned ifthere was a commitment to build a school in the future at the east Woodburn site which is currently outside of the urban growth boundary. Superintendent Blomberg stated that the property was purchased with the intent to build a school at that location but there are no short term plans to build at this location. The land is still in the ownership of the School District but until residential growth is around the site and infrastructure is available, the District does not plan on building on that 19-acre site. 1542 CHAMBER OF COMMERCE REPORT. Superintendent Blomberg, representing the Chamber Board, reported that the Chamber continues to receive 65 or more visitors daily at the Company Stores Visitor's Center. Volunteers continue to be trained and visit the locations to make sure that they know enough about our community to share information with the visitors. In regards to the location of the Chamber office, plans are being made to move from Fairway Plaza to Downtown across from Flomer's by September 2006. The Chamber is working with businesses and property owners along Highway 99E to search for ways to promote the area thereby reducing the number of empty buildings. The Chamber is also working with Chemeketa to provide Adult Employee Education programs. 1650 COMMUNICATIONS. A) Community Center Location in Legion Park: A memo from the Parks & Recreation Board dated January 6,2006 was distributed to the Council recommending that the Legion Park master plan not include a community building in Legion Park. B) Hazelwood Estates Opening on June 23, 2006: The Council was invited to attend the opening of Marion County Housing Authority's Hazelwood Estates which is a low income housing development for seniors located on Carol Street. Page 3 - Council Meeting Minutes, June 12, 2006 ".., '...,. T COUNCIL MEETING MINUTES JUNE 12, 2006 TAPE READING 1686 Richard Jennings, 595 Filbert Street, thanked Councilor Bjelland for stepping forward to provide input to the Marion County Commissioners at their June 5th hearing on Legislative Amendment 06-02 (Woodburn Periodic Review). He felt that the Commissioners took a different approach on the issue before them after hearing comments from Councilor Bjelland. He urged the Council to satisfy the Commissioners so that the legislative amendment can move forward to the State level for approval. 1812 Eric Yaillen, Director of Communications for the Oregon Golf Association (OGA), shared with the Council some of the plans the OGA is considering at the golf course in an effort to find ways that the City and the OGA can work together. Mr. Yaillen stated that, as a Park and Recreation Board member, he was able to bring forth to the Board the OGA's proposal to start a First Tee Chapter which is a nationally recognized education program designed for grades K-12 that utilizes the game of golf to teach nine life skills such as honesty, respect, goal setting, and perseverance. Some management changes have taken place at the golf course and the direction the Board wants to take is to become a more integral part of the community which hopefully will include some public I private partnerships whether it be for a community center or development of the north side of their property, which is being considered as part of the urban growth boundary expansion, as park and recreation space. He reiterated that the OGA is looking at various options and opportunities in order to be a more integral part of the community. 2045 CONSENT AGENDA. A) approve the Council minutes of May 22, 2006; B) approve the Special Council meeting minutes of May 24, 2006; C) receive the Claims for May 2006; D) receive the Building Activity report for May 2006; E) receive the Planning Tracking Sheet dated June 6,2006; and F) receive the Aquatic Center Revenue Comparison report. MCCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion passed unanimously. 2116 PUBLIC HEARING: SUPPLEMENTAL BUDGET HEARING FOR FISCAL YEAR 2005-06. Mayor Figley declared the public hearing open at 7:35 p.m.. Finance Director Gillespie stated that the supplemental budget covered several appropriation adjustments but the major adjustments are 1) inclusion of a Homeland Security Grant for upgrading the Police Department's field reporting computer system, and 2) finalizing the funding for the Downtown Plaza. In regards to the Plaza, the City's budget for 2003-04 included $75,000 to be transferred from General Fund to the General Fund CIP but only $15,000 was transferred that year since the project was not completed. The final contractor payment now needs to be paid and the $60,000 transfer in the supplemental budget provides the revenue and appropriation within the General Fund CIP Page 4 - Council Meeting Minutes, June 12,2006 ...,. I COUNCIL MEETING MINUTES JUNE 12,2006 TAPE READING fund to make the final payment. In addition to the items listed in the staff report, he requested that the Council add the following appropriation adjustments: 1) a transfer of $4,400 from the General Fund to the General Fund CIP Fund which provides funding for the completion of Centennial Park ballfield #3 (excluding the scoreboard which will be installed in 2006-07), and 2) an appropriations increase in the Building Maintenance Fund in the amount of $20,000 for funding natural gas utility bills ($10,000 transfer from General Fund and $10,000 from Building Maintenance Fund operating contingency). It was noted that City Hall and the Aquatic Center are the major users of natural gas which is why staff is proposing a transfer of funds from the General Fund. No one in the audience commented on the proposed supplemental budget. Mayor Figley declared the public hearing closed at 7:43 p.m.. COX/MCCALLUM... direct staff to prepare an ordinance on the supplemental budget as outlined in the staff report in addition to the $4,400 transfer for Centennial Park and the $20,000 appropriation for the natural gas increase. On roll call vote, the motion passed unanimously. 2675 PUBLIC HEARING: CITY BUDGET FOR FISCAL YEAR 2006-07. Mayor Figley declared the public hearing on the 2006-07 City budget, which includes State Revenue Sharing, open at 7:44 p.m.. Finance Director Gillespie stated that the Budget Committee began meeting in February 2006 and concluded with their hearing on May 20,2006. The Committee is forwarding a recommended budget in the amount of$52,914,589 along with levying the tax rate of $6.0534 and a tax levy in the amount of$683,550 for bonded indebtedness. He stated that staff is recommending a change in the recommended budget that affects the General Fund appropriations but does not affect the total budget amount of $52,914,589. The change involves the addition of a Program Manager in the Recreation Division since the Park & Recreation Department currently has two supervisory positions vacant and there is a need to have an adequate number of supervisors to oversee the programs and part-time / seasonal staff. Additionally, the City is trying to get a community foundation fonned which requires some time and skills which are beyond the ability of staff members that are currently scheduled to be employed in fiscal year 2006-07 . The recommendation would be to add one full-time Program Manager for six months to work on the foundation and apply for grant funding for recreation programs. The cost for this 6-month position is $27,000 of which $23,000 can be funded through savings in the proposed Recreation Program supplies and services budget and $4,000 would be funded out of the General Fund contingency. Councilor Lonergan questioned how long it would take to hire an individual to fill this position. Director Gillespie stated that the Teen Scene Program Coordinator, whose position will be eliminated at the end of this fiscal year, has the skills to fill this position and staff proposes to move this individual into this 6-month position. Page 5 - Council Meeting Minutes, June 12, 2006 ...,. I COUNCIL MEETING MINUTES JUNE 12, 2006 TAPE READING Councilor Cox expressed concern about staffs last minute proposal to make a personnel change within the budget since this is a major staffing change that should have been presented to the Councilor Budget Committee earlier. Administrator Brown stated that this recommended personnel change had occurred rather quickly which is why it is now being brought forth to the Council. Councilor McCallum stated that he appreciated hearing the concerns expressed by Councilor Cox, however, he felt that this proposed personnel change should be considered since that department is undergoing some particular pressures. Councilor Nichols questioned if the proposed change had taken place since the agenda packet was distributed last Friday. Director Gillespie stated that the vacancies within the Parks Department have occurred within the last 2 months and the Recreation Manager had been asked to look at the Department's staffing to see what can be done to get through the next few months. Those numbers were finalized last Friday after the agenda packet was prepared. Administrator Brown stated that the major change is a net $4,000 reduction in operating contingency and those dollars would be appropriated to the recreation program. The Recreation Services Manager was asked in May 2006 to look at staffing levels and see if there was a way to cut back on the number of part-time employees since there are a lot of individuals who receive a just a few hours of work each week. The intent is to try and schedule an employee to work closer to the 19 hours per week as provided for within the City's Personnel Policy Manual rather than being employed 2-3 hours per week thereby creating opportunities for the employees who work more hours to obtain salary adjustments over time in addition to the City having a better trained employee. In regards to the Teen Scene Program, funding will end on June 30, 2006 and the individual overseeing this program has a number of talents that can be used in a number of other programs. In her background is her ability to put together a 501(3)(c) foundation which is something that the City has been trying to put together in order to apply for larger grant funding and to receive tax-exempt donations. Additionally, she will be able to provide the department with management assistance since Recreation Services Manager Patterson is overseeing the Department's overall program until such time as a Community Services Director is hired. The initial proposal for the Program Manager position was for one (1) year but he felt that funding for a six (6) month position would be more cost effective and, in the meantime, he would expect the foundation to be formed and grant applications submitted for City programs. Staff has been told that there are grants available but the hindrance is that the City does not have a foundation and these grants are not available to cities. His intent is to retain savings generated by the reorganization of the Library and Park & Recreation Departments into a Community Services Department which is why other adjustments have been recommended in the leisure services budget. He reiterated that Recreation Services Manager Patterson has been re-evaluating the recreation program costs in materials and services and he feels that he can provide the scheduled programs with a lesser amount of funds in materials and services thereby making those savings available for personnel costs associated with the proposed Program Manager position. Page 6 - Council Meeting Minutes, June 12,2006 I T COUNCIL MEETING MINUTES JUNE 12, 2006 TAPE READING Councilor Cox expressed concern in the City having an extra $23,000 in the materials and supplies accounts. Administrator Brown stated that the department has been able to obtain small grants for services and supplies but the City has a much more difficult time obtaining grant funding for staff positions. Director Gillespie stated that half of the $23,000 is from supplies and services while the other half of the savings is from part-time positions. Councilor Cox stated that he knows that the Park & Recreation Department has a need for money and the explanation on the savings is understandable. However, he is still not happy with staff bringing forth this proposal at the last minute but will support the budget proposal. No one in the audience commented on the proposed City budget for fiscal year 2006-07. Mayor Figley declared the hearing closed at 8:01 p.m.. Councilor McCallum thanked staff for their work in preparing an understandable budget document which includes the department's goals and how those goals integrate into the Council's goals. Councilor Bjelland reminded the Council that the overall City budget is over $52 million and he felt that this minor adjustment is very minuscule in comparison to the scope of the total City budget. He commended staff in doing a good job in preparing the budget and continuing to hold the line on expenditures even with the significant growth within our community. Councilor Nichols also expressed his support for this budget but would have liked to have been informed of the recommended adjustment before this meeting even though he now understands it better following the City Administrator's explanation BJELLAND/NICHOLS...authorize staff to draft a budget ordinance based on the Budget Committee's recommendation including allowable budget adjustments that do not change the tax levy requirement with the inclusion of the minor adjustment recommended at this meeting. On roll call vote, the motion passed unanimously. 4256 COMMUNITY DEVELOPMENT DIRECTOR EMPLOYMENT AGREEMENT. Mayor Figley introduced Jim Allen who has been selected as the City's new Community Development Director. She stated that he has been employed by Polk County and has a range of experience which is outlined in the City Administrator's staff report. Mr. Allen stated that he is excited about the new challenges and opportunities before him and is looking forward to begin his work with the City. COX/MCCALLUM... approve the City Administrator's appointment of Darrell 1. Allen to the position of Community Development Director and authorize the City Administrator to execute an employment agreement with him effective July 17, 2006 as submitted in the agenda packet. Page 7 - Council Meeting Minutes, June 12,2006 "i T COUNCIL MEETING MINUTES JUNE 12, 2006 TAPE READING Administrator Brown stated that the agreement is contingent upon the completion of conditions within the offer of employment and obtaining Mr. Allen's signature on the employment agreement. The motion passed unanimously. 4515 COUNCIL BILL NO. 2627 - RESOLUTION GRANTING UNITED DISPOSAL SERVICE. INC.. AN ADJUSTED RATE SCHEDULE FOR PROVIDING SOLID WASTE SERVICE WITHIN THE CITY AND REPEALING RESOLUTION NO. 1787. Councilor Sifuentez introduced Council Bill No. 2627. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Lonergan declared a possible conflict of interest since he works for Allied Waste which owns United Disposal and he will not be taking part in the discussion or voting on this issue. Councilor Cox stated that he could understand the request for a rate increase since fuel costs alone have escalated over the last year. He stated that the City does not have a good evaluation process on a rate increase available that would justify the need for a reasonable rate adjustment but felt that the rate of return outlined in the report is a reasonable rate of return. According to the report submitted by United Disposal, their rate of return is very low but an auditor could make the company justify the figure. He also questioned if Allied Waste bought stock in United Disposal Service since, under the State's Corporation Division records, the United Disposal Service Corporation still exists but its headquarters are now in Scottsdale, Arizona. Robin Murbach, General Manager of United Disposal Service, stated that Allied Waste had purchased Waste Control Systems in 2000 which is the System United Disposal used to run under and the last five years has been more of a decentralized operation but now they are moving into more unity and the name change will be seen on the trucks. She reiterated that the business is still locally operated. She also mentioned that United Disposal had a yard debris disposal increase in April 2006 which is incorporated in the rate adjustment request before the Council. Councilor McCallum stated that United Disposal and its employees continue to be very active in community affairs and he hoped that the company will continue their community involvement into the future. Councilor Cox questioned if the stock in United Disposal Service is owned by Allied Waste or its officers. Ms. Murtock stated that the stock was owned by Allied Waste. Councilor Cox questioned ifthere is a provision within the franchise ordinance that talks about the sale or transfer of the franchise. Attorney Shields stated that this was an old agreement and he thought there was a provision in the ordinance but would research the question for the Council.. Ms. Murbach stated that United Disposal Service is doing business as Allied Waste and that information was filed five years ago. Page 8 - Council Meeting Minutes, June 12,2006 '..,. T COUNCIL MEETING MINUTES JUNE 12, 2006 TAPE READING Councilor Bjelland stated that a financial statement was included in the agenda packet and questioned if this statement encompassed more than the City of Woodburn. Ms. Murbach stated that the statement represented only Woodburn's piece of their financial statements and the statement is audited at the corporate level. She also mentioned that in the City of Salem, their franchise agreement includes a statement that the typical rate of return for a trash company is between 8% and 12%, however, she is only asking for a 4% rate ofreturn in Woodburn with the intent to discuss rates annually with the City Administrator because she understands it is difficult for people to accept increases and she preferred to be conservative on the rates. On roll call vote, the motion passed 5-0 with Councilor Lonergan abstaining from the discussion and voting. Mayor Figley declared Council Bill 2627 duly passed. Ms. Murbach introduced proposals to bring co-mingled cart recycling to the City. One proposal would be to have co-mingled recycling and yard debris picked up weekly and the other proposal would be to have the yard debris weekly and the co-mingled recycling done bi-weekly. For the bi-weekly recycling, the estimated cost is $1.80 per month and it would provide all customers with a 90-gallon cart. With the co-mingled recycling, customers in other cities have been able to reduce their current regular garbage cart size from, for example, 90 gallon cart to 65 gallon cart, thereby reducing their overall monthly garbage service rate. Councilor McCallum was in favor of the Council looking into this type of program but agreed that change is not always easy for people to make. Ms. Murbach stated that communities that do have the co-mingled recycling have had great success with this program. Administrator Brown stated that, upon approval by the Council, this service would be included in their rate schedule and the Council would continue to look at this program as part of the overall rate schedule. He also stated that the current recycling program involves open bins and the cart will keep the recycled materials contained in the cart rather than being scattered throughout the neighborhood from windy conditions. The County also has some recycling targets they are trying to meet and more involvement by the customers in the recycling program will give the County more of an ability to meet those targets. Tape 2 Ms. Murbach stated that they have not put out any survey within the City to see what response they would receive on the co-mingled recycling and her past experience has been that cities have inserted a survey in their newsletter in order to get customer feedback. Until she receives a firm vote from the City on the implementation of a program, she would not be able to get a specific start-up date from Allied Waste since the price of a truck and containers are extremely expensive. Administrator Brown stated that the next newsletter will soon be sent out to the community and he was willing to put together some information and/or survey for inclusion in the newsletter. Councilor Cox expressed concern about raising rates for current operations and now Page 9 - Council Meeting Minutes, June 12,2006 ...,. , i T COUNCIL MEETING MINUTES JUNE 12,2006 TAPE READING discussion is taking place to add another service that will again raise the monthly rate. In his area, many customers may already have the 20 gallon cart and they would not be able to scale back any further in order to save money on their monthly bill. However, he does like the program concept. Ms. Murbach stated that she would pull up the records for each Council Ward to provide the Councilors with information on the cart sizes utilized by their customers. 0250 COUNCIL BILL NO. 2628 - RESOLUTION OF INTENT TO IMPROVE COUNTRY CLUB ROAD FROM BOONES FERRY ROAD TO ASTOR WAY. ADOPT THE LOCAL IMPROVEMENT DISTRICT. ADOPT THE METHOD OF ASSESSMENT. AND ESTABLISH A HEARING DATE. Council Bill No. 2628 was introduced by Councilor Sifuentez. The bill was read 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 2628 duly passed. 0310 LIQUOR LICENSE APPLICATION: PERLA'S RESTAURANT. 553 N. FRONT (New Outlet). A Full On-Premises Sales Liquor License application was submitted by Raymunda Arellano, DBA: Perla's Restaurant. COX/BJELLAND...recommend to OLCC approval of a liquor license application for Perla's Restaurant. The motion passed 5-1 with Councilor Nichols voting nay. 0370 WOODBURN COMPREHENSIVE PLAN PERIODIC REVIEW UPDATE AND URBAN GROWTH BOUNDARY EXPANSION PROPOSAL Administrator Brown stated that Council is being asked to give conceptual approval and direct a letter to the County indicating the Council's willingness to go along with initiating a legislative amendment to include additional properties into the City's Urban Growth Boundary in addition to those properties which are already included in the proposal that has been approved by the Council and submitted to the County. He stated that the staff report provided background information on this issue and the County Commissioners, after hearing public testimony, felt that there a couple more properties that should be included in the urban growth boundary proposal but yet they did not want to upset the process to the extent that it would put the City's proposal in jeopardy at the state level. He stated that the Board of Commissioners would like to see their own staff initiate a change in the coordinated population projection which would potentially create space to justify additional property coming into the City to support residential need. When that number is determined, the County Commissioners would then be asking the City to initiate a Legislative Amendment to bring in these additional properties. The properties being looked at is the School District property, Tukwila Partners property, and 68-acres of the Serres property. Staff believes that a Legislative Amendment does not allow the City the ability to look specifically at a very limited number of properties since Page 10 - Council Meeting Minutes, June 12,2006 "'..,. T COUNCIL MEETING MINUTES JUNE 12, 2006 TAPE READING it is a quasi-judicial decision rather than a legislative decision which looks at a broader number of properties. Administrator Brown stated that a letter from Attorney Richard Stein representing the Serres family was distributed to the Councilors just prior to this meeting disagreeing with the staffs position on this matter. The Board of Commissioners is looking for some type of formal agreement with the City to show that there is some type of commitment to move this forward in the future. The City's proposal has been approved by the Board as it stands contingent upon an agreement that the rest of the work will be done. Staff suggested that the Council consider including the following conditions back to the County as part of signing an agreement: 1) Population projection be completed first so that the City will know what the acreage requirement is before too much work is completed; 2) the cost of this particular work be borne by the benefitted properties; 3) it not be carried through any appeals process rather it move forward to the State for review; and 4) condition the agreement so that all potentially relevant properties would be considered and not just the three properties suggested by the Board. He stated that the reasoning behind the benefitted properties paying for the additional work is that the Council believes that the proposal they have approved contains no errors and any work being done outside of the original proposal is being done to satisfy the County or these specific properties. Councilor Cox suggested that this issue be discussed in executive session since the City is talking about potential litigation and he would feel much less constrained ifhe could talk about it in executive session keeping in mind that any final decision needs to be made in open seSSIOn. John Gervais, representing the Woodburn Independent, objected to the executive session in that they have standing and he did not feel that is was appropriate for the Council to meet in executive session at this point in time. City Attorney stated that there are some questions as to what could or could not be discussed and an executive session would need to be noticed for a subsequent meeting. He stated that he has had some significant input into the staff report prepared by the City Administrator and would be able to answer questions relating to the report. Councilor Lonergan questioned how many other property owners might be involved. Mayor Figley stated that the County is talking about three (3) properties but staff has some concern that if it is based on revised population estimates that it may offer justification for other properties and, in addition, other types of use such as more commercial andlor industrial. Councilor Cox stated that the coordinated population was generated prior to the finalization of the proposed plan now before the Commissioners and he felt that the County's position to now include some additional properties are being made for purely political reasons. The City had requested a higher population figure from the beginning but the County was unwilling to agree to a higher number until this recent public hearing. He also felt that the City could not do a legislative amendment and have it apply only to specific properties pre-determined in advance. Additionally, he did not think that the City could charge property owners for costs incurred for this supposed benefit of making a Page 11 - Council Meeting Minutes, June 12,2006 "! T COUNCIL MEETING MINUTES JUNE 12, 2006 TAPE READING legislative change. He stated that he was very reluctant to bring this issue to a vote at this meeting. Councilor Bjelland stated that Marion County was not talking about changing the existing coordinated population forecast that was used for preparation of the urban growth boundary expansion as submitted to them, however, they are talking about extending that forecast into a future date such as 2030 and then, upon that basis of a higher population forecast, have some sort of a legislative amendment that would justify the additional land to the proposed urban growth boundary to support that population. He did not want to go down the path to change the coordinated population forecast that is in the proposed plan. He felt that there are several issues to be addressed one of which is what should the agreement be that the City is prepared to enter into with the County, and another issue is what is the City really able to accomplish given the land use and legal environment that the City will need to operate in. He felt that if the proposed urban growth boundary is accepted, the City will be far short of the 20 years already since this plan would be to year 2020, therefore, there is logical rationale that could be used to cooperate with the County to come up with a more acceptable coordinated population forecast that could be used to support additional expansion. Councilor McCallum felt that the City is moving forward with the urban growth boundary expansion process and he is comfortable with the parameters laid out in the staff report. He does have some concerns one of which is the potential additional cost to the taxpayers of Woodburn but he would like to move ahead and hopefully not run into any roadblocks. Councilor Cox stated that he is also concerned about the additional $100,000 that may be incurred at the expense of the taxpayer. He reiterated that he would like to hear in executive session what the other options are if the Council would decide to say no to the County's proposal. Administrator Brown stated that staff will see if this issue can be discussed in executive session and, if so, one will be scheduled. Staffwill also provide a legal opinion on the issue of the incurred costs being paid for by the property owners being benefitted by the change or by the taxpayers of Woodburn. A report will be prepared for the next regular meeting. 1708 MAYOR AND COUNCIL REPORTS. Councilor McCallum reminded the public of the Relay for Life annual event June 23-24, 2006. Councilor Bjelland stated that the Consensus Committee for Connect Oregon is recommending to the Oregon Transportation Commission the allocation of $2.34 million for the improvement of the rail line between Woodburn and Stayton. This upgrade will allow for increased size in rail cars, a better chance for industries to locate along those lines, and potential passenger train service. In a meeting with Region II to review the 2008-2011 State Transportation Improvement Program (STIP) Funding for state highways, the Woodburn interchange received an additional $2 million towards its Page 12 - Council Meeting Minutes, June 12,2006 ...... r COUNCIL MEETING MINUTES JUNE 12, 2006 TAPE READING improvement and monies were set aside to complete two other projects that have been on the STIP project list for some time. With these projects completed, it is hoped that additional funds will be made available in the future for the City's interchange project. Unfortunately, it may be 2010-2011 before any work might be done on the 1-5 interchange project. Lastly, at the last MW ACT meeting a presentation was made by a representative from the Federal Highway Administration regarding the Bottleneck Initiative and each State has been asked to provide a list of the significant bottlenecks that are currently within their transportation system. The Woodburn 1-5 interchange was one of the ten (10) locations listed as a significant bottleneck in the State of Oregon which means that our interchange will become more prominent in the federal highway administration's viewpoint and hopefully will give us a better chance of receiving some other federal source of funding to improve the interchange especially since it is one of the lesser expensive projects within the State. Included in the cost of this project is the widening of Highway 214 to the interchange. 2243 Mayor Figley stated that she had attended the graduation ceremonies at the High School and she offered her congratulations to the Class of 2006. 2266 ADJOURNMENT. MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:08 p.m.. ATTEST /l~~~ M ary' Ten t, Recorder City of Woodburn, Oregon Page 13 - Council Meeting Minutes, June 12,2006 ...... T