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Minutes - 07/23/2007 COUNCIL MEETING MINUTES JUL Y 23, 2007 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 23, 2007. 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 Absent Absent Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Manager Rohman, Community Development Director Allen, Police Chief Russell, City Recorder Tennant Mayor Figley stated for the record that Councilor McCallum was unable to attend this meeting due to illness and Councilor Lonergan was out of town. 0021 ANNOUNCEMENTS. A) Music in the Park: The Ty Curtis Band will be performing on July 24, 2007 and Roundhouse Bluegrass will perform on July 31, 2007 in Library Park with performances beginning at 7:00 p.m.. B) 24th Annual National Night Out: This annual event is scheduled for Tuesday, August 7,2007, from 6:00 pm until 10:00 pm. Neighborhood groups wishing to participate are asked to register with the Police Department. C) Walt's Run will be held on August 11,2007 at Centennial Park. This annual event will begin at 8:00 a.m. and registration forms can be obtained at the Aquatic Center. UUS4 PROCLAMATION: HENAN INTERNATIONAL FRIENDSHIP DAY. Mayor Figley proclaimed July 24, 2007 as Henan International Friendship Day within the City of Woodburn and encouraged community members to attend the China-Henan Perforn1ing Arts Tour performance at Woodburn High School, 7:00 p.m., on July 24, 2007. 0094 Robert Hayes stated that he has made contributions through the Lions Club towards the purchase of bicycle helmets for youngsters who cannot otherwise afford a helmet since youth age 16 and under are required to wear helmets when riding a bicycle. He expressed his opinion that when a state law is in force which requires a helmet when riding a bicycle Page 1 - Council Meeting Minutes, July 23, 2007 COUNCIL MEETING MINUTES JUL Y 23, 2007 TAPE READING then the law should be enforced by the police, otherwise, the law should be repealed. Unfortunately, there are still many youngsters who do not wear helmets and, in some cases, parents who do not take this law seriously. Police Chief Russell expressed his appreciation to Mr. Hayes for his contribution towards bicycle helmets and the assistance he has given the Police Department in the past. He agreed that parents need to be responsible by making sure that there children have, and wear, helmets when riding a bicycle or skateboarding. The Department does have helmets available and they are distributed when children do not have one. A list of helmet recipients is kept by the department so that contact can be made with the parents if the youth is not wearing a helmet. Councilor Cox stated that the law was passed to protect children from head injuries as a result of a fall but adults should also wear a helmet. He briefly mentioned that he had been in a bicycle accident about two years ago and the bicycle helmet saved him from severe head injuries. 0252 CONSENT AGENDA. A) approve the Council minutes of July 9, 2007; B) accept the draft Recreation and Park Board minutes of July 10,2007; C) accept the draft Library Board minutes of July 11,2007; D) receive the report on Claims for June 2007; and E) receive the Police Department Statistics report for June 2007. NICHOLS/COX... adopt the Consent Agenda as presented. The motion passed unanimously. 0271 COUNCIL BILL NO. 2676 - RESOLUTION ENTERING INTO A SPECIAL TRANSPORTATION AGREEMENT WITH SALEM AREA MASS TRANSIT DISTRICT FOR FISCAL YEAR 2007-2009. Councilor Sifuentez introduced Council Bill No. 2676. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Sifuentez stated that the Dial-a-Ride Program provides a much needed transportation service for the elderly and disabled of our community who are not able to drive. On roll call vote, the bill passed unanimously. Mayor Figley declared Council Bill No. 2676 duly passed. 0312 COUNCIL BILL NO. 2677 - RESOLUTION ESTABLISHING EMPLOYEE COMPENSATION INCLUDING SALARY AND BENEFITS. Council Bill No. 2677 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 No. 2677 duly passed. Page 2 - Council Meeting Minutes, July 23, 2007 COUNCIL MEETING MINUTES JULY 23, 2007 TAPE READING 0338 OLCC LIQUOR LICENSE CHANGE OF OWNERSHIP - FULL PREMISE SALES: HAPPY GARDEN BUFFET. 1575 MT. HOOD AVENUE. A Change of Ownership application was submitted by Happy Garden Buffet, Inc., for a full on-premise sales license. It was noted that this location previously housed the Bunker Bar and Grill which also had a full on-premise sales license prior to its closing. BJELLAND/COX... recommend to OLCC approval of a Change of Ownership application for the Happy Garden Buffet, Inc., formerly known as The Bunker. The motion passed 3-1 with Councilor Nichols voting nay. 0356 OLCC LIQUOR LICENSE ADDITIONAL PRIVILEGE - OFF-PREMISE SALES: THE RAVEN INN. 262 N. PACIFIC HIGHWAY. An application for an additional privilege, Off-Premises Sales, was submitted by The Raven Inn Inc. Councilor Cox expressed his opinion that The Raven Inn is basically a tavern and this additional license would allow them to sell beer and wine which can then be taken off- premise. He felt that there are plenty of other stores within the City that have an off- premise sales license and it is not necessary to have a tavern sell alcohol to a patron that can be taken off the premises. Councilor Nichols also stated that approval of an off-premise sales license to this type of establishment will most likely result in similar establishments requesting an off-premise sales license. He felt that many patrons at these establishments have already been consuming alcohol prior to their purchasing the beer or wine to take with them and this could result in more problems associated with motorists drinking and driving. Councilor Cox stated that his comments are not directed toward the operations at The Raven Inn since he believes it has been a clean operation over the last few years but he did not feel that it should justify the expansion of the liquor license privileges. COX/SIFUENTEZ... recommend to OLCC denial of the liquor license application. Administrator Brown stated that he is willing to write a letter to OLCC expressing the various concerns of the Council, however, the City's role in this process is advisory and OLCC has final authority on granting or denying a liquor license application. On roll call vote, the motion passed unanimously. 0456 CONTRACT AWARD: WEST LINCOLN STORM SEWER EXTENSION. BID #2007-12. Bids for the installation of a 30-inch diameter storm sewer main from the existing West Lincoln Street main to the Cascade Drive intersection were received from the following contractors: North Santiam Paving, $196,521.00; Kerr Contractors, Inc., $227,490.00; and Kuenzi Communications, LLC, $311,210.00. Staff recommended the acceptance of the bid from North Santiam Paving which was 5.5% higher than the engineer's estimate of $186,300.00. Page 3 - Council Meeting Minutes, July 23,2007 COUNCIL MEETING MINUTES JULY 23, 2007 TAPE READING BJELLAND/SIFUENTEZ... award the construction contract to the lowest responsible bidder, North Santiam Paving, for the West Lincoln Storm Sewer extension in the amount of $196,521.00. The motion passed unanimously. 0490 CONTRACT AWARD: PEDESTRIAN WARNING DEVICE. BID #2008-01. The only bid received from a qualified bidder for pedestrian warning devices to be installed at the intersection ofBoones Ferry Road / Henry's Boulevard and at the intersection of Hardcastle A venue / Park A venue was submitted by Signal Construction Group, LLC in the amount of$54,077.00. The bid was 13% below the engineer's estimate of $62,080.00. BJELLAND/NICHOLS... award the construction contract to the lowest responsible bidder, Signal Construction Group LLC, for the Flashing Beacon installation at Hardcastle! Park Avenue and Boones Ferry Road / Henry's Boulevard intersections in the amount of$54,077.00. Councilor Cox stated that he would be voting in favor of the motion, however, he was surprised at the cost of this project. Councilor Sifuentez questioned when some pedestrian light would be installed on Highway 214 / Park A venue (also known as the Salud Medical Center crossing) since there are numerous pedestrians crossing at that busy highway intersection. Administrator Brown that staff has contacted ODOT numerous times to get them to do a warrant count and they have done this count, however, as of this date, the traffic warrants do not support the light and ODOT will not install the light until the traffic warrants are met nor will they allow the City to install a light on the State Highway. They have given the City pennission to do our own study which they will reserve the right to evaluate later but the City wants to make sure that the new Police Facility and Salud are in full operation when that occurs with the hope that there has been a change in the side street traffic enough to meet the traffic warrants. The motion to award the contract passed unanimously. 0562 CITY ADMINISTRATOR'S REPORT. 1) Front Street Project Update: Administrator Brown stated that the City is the recipient of an immediate Economic Opportunities Grant from the State in the amount of $250,000. This grant will be focused on street works ability to bring new jobs to the area through the support and expansion of the local businesses. Another grant has been applied for through CDBG in the amount of $300,000 and staff submitted responses to a short list of questions today with an expectation that the City will receive a response on the grant application by the end of August. lfboth grants are received, the City is still short about $450,000 to complete the project as originally designed. If the City elected not to do some of the electric work in the alley in addition to some savings in street or sidewalk work, the project would be reduced by approximately $300,000 which then brings down the amount short to about Page 4- - Council Meeting Minutes, July 23,2007 COUNCIL MEETING MINUTES JUL Y 23, 2007 TAPE READING $150,000. He felt that this was an amount that staff could work with to complete the project. Staff will be discussing the undergrounding portion again with PGE and will be updating the Council in September to discuss options available at that time based on funding resources secured versus estimated project costs. 2) Tree Removal on Oregon Way: Administrator Brown stated that an arborist had evaluated the tree condition and looked at root trimming as an alternative to save the tree. The arborist has determined that there is too much root mass that needs to be removed in order to adequately get into the driveway area, therefore, the tree should be removed. Staff will be sending a letter to the property owner, Mr. Harrison, authorizing him to remove the tree along with a list of approved street trees and the size of replacement tree. In this case, the City will not be subsidizing the cost of the removal since there is no public infrastructure damaged by the tree roots at this time. 3) City Attorney Evaluation: Administrator Brown stated that City Attorney Shields is due for an annual performance evaluation in August and evaluation materials will be sent out to the Mayor and Council tomorrow with the evaluation scheduled for the next regular meeting. 4) Public Works Director Recruitment Update: Administrator Brown stated that a limited number of applications had been received and interviews had been conducted last week. Of the four individuals interviewed, he has selected a finalist and is now in the process of conducting a background check. The next step would be a conditional offer of employment and, if all goes well, a new Director would be employed as of September 1,2007. 5) Legion Park Gang Suppression Activity Report: Police Chief Russell stated that gang activity is cyclical and the event that occurred the weekend of July 14th was considered a "spree" rather than an "escalation". In this case, one group escalated the behavior which then led to multiple events over the weekend. Currently, this case is under investigation and information on this specific case cannot be divulged at this time. Staff became concern that an escalating mode had begun so staff deployed a field force of officers trained in gang investigation and community response officers. Numerous contacts were made and a number of individuals arrested from which management staff reviewed the infonnation, provided inforn1ation to the investigators, and determined how best to respond to the situation. This approach worked very well and quelled the gang activity. He reiterated that this was a good investigation and culminated in arrests that have good cases for the District Attorney's office to pursue. He stressed to the community that it is important for everyone, especially parents, to be watchful and involved in looking at gang activity. The Marion County Health Department, Marion County Juvenile, and the Police Department are available to provide or find assistance for parents who are in need of dealing with this issue. He stated that the Police Department will continue to strictly enforce the laws especially in the area of gang crimes in addition to looking for resources to help parents struggling with troubled youths. Page 5 - Council Meeting Minutes, July 23,2007 COUNCIL MEETING MINUTES JUL Y 23, 2007 TAPE READING 0920 Councilor Sifuentez questioned how much intervention the Police Department has done with the Schools and parents. Chief Russell stated that the department has had 4 classes within the last year in both English and Spanish in recognizing gang behavior at the middle school level since this is the age group that tends to begin thinking about joining a gang. Officer Puente is at the high school everyday and does a lot with high school students on a one-on-one basis which has been more effective than a group setting. Marion County Juvenile has other programs available, however, those programs are provided after an offense has occurred. Councilor Sifuentez stated that she had been at a meeting in Silverton last month and participants were discussing all of the great things Woodburn Together was doing in the Silverton and Molalla area. She stated that she is an advocate for parenting classes and youth presentations but feels that 4 times a year may not be enough to reach everyone and suggested that monthly meetings be considered to educate the parents and provide support. Chief Russell stated that if Weed N Seed funding is approved, it is hoped that a local class in English and Spanish on parenting tough teens will be made available. Currently this class is being offered once a quarter in English in Salem which does not do our local parents much good when then are not fluent in English nor, in some cases, able to get to Salem for the class. This class is available after a youth has been in trouble and the hope is that help can be provided to these parents prior to their children getting into trouble. 1058 MAYOR AND COUNCIL REPORTS.. No comments were made by the Mayor or Councilors. 1070 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660(2)(h), ORS 192.660(2)(f), and ORS 192.660(2)e). NICHOLS/SIFUENTEZ... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The meeting adjourned to executive session at 7:38 p.m. and reconvened at 8:38 p.m.. 1081 Mayor Figley stated that no decisions were made by the Council while in executive seSSiOn. Page 6 - Council Meeting Minutes, July 23, 2007 COUNCIL MEETING MINUTES JUL Y 23, 2007 TAPE READING 1090 ADJOURNMENT. NICHOLS/BJELLAND... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:39 p.m.. ATTEST Mary Tennant, Recorder City of Woodburn Page 7 - Council Meeting Minutes, July 23, 2007 Executive Session COUNCIL MEETING MINUTES July 23, 2007 DA TE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 23,2007. CONVENED. The Council met in executive session at 7:42 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 Absent Absent Present Present Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. The executive session was called pursuant to the following statutory authority: (1) ORS 192.660(2)(h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed; (2) ORS 192.660(2)(t) to consider records that are exempt by law from public inspection; and (3) ORS 192.660(2)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. ADJOURNMENT. The executive session adjourned at 8:37 p.m.. ATTEST (77 "'tfr. --;;:-~~ Mary'Te ant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, July 23, 2007