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Minutes - 09/25/2006 COUNCIL MEETING MINUTES SEPTEMBER 25, 2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 25,2006. 0025 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, Community Development Director Allen, Pollce Chief Russell, Recreation Services Manager Patterson, Public Works Manager Rohman, City Recorder Tennant 0058 ANNOUNCEMENTS. A) Woodburn Public Library upcoming activites: 1) Spanish storytime on Tuesdays at 4:30 pm beginning September 26, 2006; 2) Infant / Toddler time on Tuesdays at 10:30 am beginning October 3,2006; and 3) Family storytime with short stories and crafts on September 30,2006. 0110 CONSENT AGENDA. A) approve regular and executive session Council minutes of September 11, 2006; B) accept the draft Planning Commission minutes of September 14,2006; C) accept the draft Library Board minutes of September 13, 2006; D) receive the claims for August 2006; E) receive the Building Activity report for August 2006; F) receive the Library monthly report for August 2006; G) receive the Canby Transit Ridership report on the Canby to Woodburn service; and H) receive the Tree Removal Request report (1289 Astor Way). Councilor Cox stated that he had reviewed the tree removal report and concurs with the recommendation that the tree be professionally pruned. The property owner had requested removal of the tree but staff did follow procedures in evaluating this request and a staff recommendation was made based on the Arborist's report. Councilor McCallum also stated that he had found the Arborist's report more infonnative than some of the arborist reports received in the past. COX/NICHOLS... acceptance and adoption of the Consent Agenda. The motion passed unanimously. Page 1 - Council Meeting Minutes, September 25,2006 COUNCIL MEETING MINUTES SEPTEMBER 25, 2006 TAPE READING 0229 COUNCIL BILL NO. 2640 - ORDINANCE ESTABLISHING RULES OF CONDUCT FOR THE WOODBURN PUBLIC LIBRARY: PROVIDING FOR ENFORCEMENT PROCEDURES AND AND EXCLUSION PROCESS. Councilor Sifuentez introduced Council Bill No. 2640. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Cox stated that the proposed ordinance appears to be appropriate, however, he objected to the inclusion of the emergency clause since the reason for the emergency, as stated in the emergency clause, no longer exists since school is already in session. He expressed his opinion that the public has a right to file a referendum petition and, unless he is convinced otherwise, would be voting no on this Council Bill at this particular meeting. Councilor McCallum stated that, as a former School Administrator, he understands the staffs desire to get this ordinance adopted as soon as possible. He felt that it was unfortunate to have to adopt this ordinance since people have a right to access the Library but there are some people who are not being responsible and staff needs to have the ability to take appropriate action when the need arises. Administrator Brown stated that this issue came to his attention more recently during the Library Manager recruitment process and staff has been working diligently to get the ordinance drafted and reviewed by the Library Board. Staff had intended to get the ordinance before the Council prior to the start of school, however, the Library Board did not meet until the middle of September 2006 and the sooner the bill is adopted the less likely problems will arise that cannot be dealt with as needed thereby creating less disruption for other patrons. Councilor Cox reiterated that he did not object to the proposed ordinance but felt that the reason for the emergency was not applicable. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2640 duly passed with the emergency clause. 0622 COUNCIL BILL NO. 2641- RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 23344 WITH THE STATE OF OREGON FOR TRANSIT SERVICES. Councilor Sifuentcz introduced Council Bill No. 2641. 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 2641 duly passed. 0653 COUNCIL BILL NO. 2642 - RESOLUTION AUTHORIZING TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2006-07 (Winterbrook Planning Amended Agreement for Consulting Services). Council Bill No. 2642 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Lonergan questioned how long staff would expect the need for consulting services for the City's comprehensive plan periodic review tasks. Page 2 - Council Meeting Minutes, September 25,2006 COUNCIL MEETING MINUTES SEPTEMBER 25, 2006 TAPE READING Administrator Brown stated that he hoped this project would be concluded by the end of this calendar year, however, it could be extended for any length of time if protracted hearings, remands, or various levels of appeals occur. Over time, the City can rely less on the consulting service but our Community Development Director needs additional time to familiarize himself with the record which is very extensive. In all likelihood, the City will need to maintain some attachment to this consultant for this project but the goal is to minimize the service needs in the future. This amendment provides for an additional cost in fiscal year 2006-07 of $6,000 since $4,000 had been set aside in the previous fiscal year but these dollars had not been appropriated in the current budget. The proposed bill will transfer General Fund operating contingency funds to the Planning Division to pay the full amount of the amended agreement ($10,000). Councilor Cox stated that the periodic review process will go on for sometime but, in his opinion, Greg Winterowd and his firm have done an excellent job on this project. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2642 duly passed. I I I 0959 COMMENT ON PROPOSED 2008-2011 STIP CST A TEWIDE TRANSPORTATION IMPROVEMENT PLAN). NICHOLS/LONERGAN... authorize the Mayor to send the attached letter supporting inclusion of the Woodburn 1-5 modernization project in the 2008-2011 STIP to the Mid- Willamette Valley Commission on Transportation (MW ACT). Councilor Nichols expressed his opinion that it was an excellent letter for submittal to MWACT. Councilor McCallum expressed his appreciation for the background infornlation included in the letter and to Councilor Bjelland for his work on the Commission. Councilor Bjelland agreed that it was a very well-prepared letter and staff report on the subject which will be very informative for the new MW ACT members who are not familiar with this project which will serve North Marion County. The motion passed unanimously. 1078 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Conditional Use 06-01, Design Review 06-08, Phasing Plan 06-01, and Variance 06-10 located at 575 and 591 Gatch Street (Arthur Academy Charter School). Councilor Lonergan questioned if private schools are on the tax rolls. Administrator Brown stated that he did not believe that they were on the tax rolls but will report back to the Council. No action was taken by the Council to bring this land use action up for review. Page 3 - Council Meeting Minutes, September 25, 2006 ,- COUNCIL MEETING MINUTES SEPTEMBER 25, 2006 TAPE READING 1190 CITY ADMINISTRATOR'S REPORT. I) Administrator Brown mentioned that Public Works Manager Rohman wrote the letter to MW ACT and he appreciated Mr. Rohman's quick turn-around time in preparing the letter. 2) Administrator Brown also stated that the Recycling Program will be on the next meeting agenda for additional discussion. Staff will be contacting individuals who have asked to be notified when this subject would be discussed by the Council and hopefully a decision on this issue can be made within the near future. 1267 MAYOR AND COUNCIL REPORTS. Councilor Nichols expressed his appreciation for the copy of the report titled "The New Pluralism in Woodburn, Oregon" which was recently provided to the City. The study was published in September 2006 but was actually conducted in 2003-04 and, even though some information is now outdated, he felt that the report was very interesting, well- written, and easy to follow. Administrator Brown stated that a copy of the report has been provided to the Library's Reference Desk so interested citizens can review the document. Mayor Figley also felt that it was interesting to see what an outside academic team's perspective is on Woodburn as a community which was quite positive. Councilor McCallum stated that he had spent last week back in Washington D.C. for the American Cancer Society's Celebration on the Hill. He was very proud to see Woodburn's Relay for Life banner hanging with all of the other banners around the country. He reported that Woodburn's Relay for Life 2006 event raised over $118,000. Councilor Bjelland stated that he had been an invited speaker at the 2006 Diversity Conference held in Salem which was attended by over 1,000 individuals. He briefly referred to the report on the Woodburn community and stated that the demographic changes taking place and the continuing diversity of population and its impacts is being seen by communities throughout most of Oregon. Councilor Sifuentez stated that she went to the presentation on the report and the authors will cventually write a book that will include much more information. She is very proud to be able to share information that involves Woodburn to other citizens of Oregon. She also encouraged the City to put the report on the City's website. Councilor Cox stated that he was also impressed with the report and would highly recommend the report to be read by individuals interested in knowing how things are now in our community and the directions we are heading. Councilor Cox also mentioned that the attendance by local AFSCME employees has been noted. Mayor Figley stated that she was very impressed with the Dance Troupe performing at the Mexican Celebration last week and she thanked everyone involved in putting together this annual 2-day event. Page 4 - Council Meeting Minutes, September 25,2006 COUNCIL MEETING MINUTES SEPTEMBER 25, 2006 TAPE READING 1674 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(d). NICHOLS/MCCALLUM... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. I I I I The Council adjourned into executive session at 7:29 p.m. and reconvened at 7:54 p.m.. 169U Mayor Figley stated that no action was taken by the Council during the executive session. l695 ADJOURNMENT. MCCALLUM/BJELLAND... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:55 p.m.. APPRO ATTEST {L Mary Ten nt, Recorder City of Woodburn, Oregon Page 5 - Council Meeting Minutes, September 25, 2006 - Executive Session COUNCIL MEETING MINUTES SEPTEMBER 25, 2006 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 25,2006. CONVENED. The Council met in executive session at 7:33 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant The executive session was called under the statutory authority of ORS 192.660 (1)( d) to conduct deliberations with persons designated by the governing body to carryon labor negotiations. ADJOURNMENT. The executive session adjourned at 7:52 p.m.. APPR ATTEST If/a~~ Mary T e ant, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, September 25, 2006