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Minutes - 05/12/2008COUNCIL MEETING MINUTES MAY 12, 2008 TAPE RF.AnTNCT 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 12, 2008. CONVENED. The meeting convened at 7:23 p.m. with Mayor Figley presiding. 0025 ROLL CALL. Mayor Figley Present Councilor Bj elland Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: Interim City Administrator Russell, City Attorney Shields, Asst. City Administrator Stevens, Community Development Director Allen, Public Works Director Brown, Police Captain Tennant, Recorder Tennant 0060 ANNOUNCEMENTS. A) Parks and Recreation Master Plan Findings Presentation will be held on May 13, 2008, 6:30 p.m., in the City Hall Council Chambers prior to the Recreation and Parks Board meeting. B) Budget Hearings on the Fiscal Year 2008-09 City Budget and 2008-09 Urban Renewal Budget will be held before Budget Committee on Monday, May 19, 2008, 7:00 p.m., in the City Hall Council Chambers. C) Primary Election -May 20, 2008: City Hall is a designated ballot drop site during regular business hours, however, the lobby area will remain open until 8:00 p.m. on May 20, 2008 to allow voters to deposit their ballot in the drop box until the election closing time. D) Wastewater Facility Plan Advisory Committee meeting will be held on May 22, 2008, 6:30 p.m., in the Police Department Community Room. E) Memorial Day Closures: City offices, the Library, and the Aquatic Center will be closed for business on May 26, 2008 in observance of Memorial Day. F) City Council regularly scheduled for May 26, 2008 is moved to May 27, 2008 due to the Memorial Day holiday (pending Council action on agenda item 11D). 0134 PROCLAMATION: POLICE MEMORIAL WEEK -MAY 11-17, 2008 Mayor Figley proclaimed the week of May 11-17, 2008 as Police Memorial Week within the City to observe the week with appropriate ceremonies and observances commemorating law enforcement officers, past and present, who have rendered a dedicated service. She also proclaimed May 18, 2008 as Police Officer's Memorial Day Page 1-Council Meeting Minutes, May 12, 2008 COUNCIL MEETING MINUTES MAY 12, 2008 TAPE R F A T1TN(~T in honor of those officers who have died or become disabled in the performance of their duty. She thanked the City's Police Officers for all that they do for our community and to remember Deputy Fredinburg who lost his life last year in the line of duty. 0285 PROCLAMATION: PUBLIC WORKS WEEK -MAY 18-24, 2008. Ma or Fi le roclaimed the week of May 18-24, 2008 as Public Works Week within the Y gyp City to acquaint themselves with problems involved with public works and to recognize public works employees for the contributions they make daily towards the health, safety, and comfort of City residents. Public Works Director Brown introduced public works employees Larry Arendt and Mike Bergeron who are part of the staff planning group for the upcoming Public Works Showcase. Larry Arendt invited the community to Library Park and the Downtown Plaza on May 21, 2008,1:00 pm to 4:00 pm, where each division within Public Works will showcase their operations by providing demonstrations, equipment displays and informational material. Mayor Figley stated that she and the Councilors will have a booth at this event to answer questions and provide information to attendees. 0510 PRESENTATION: CITY COUNTY INSURANCE SERVICES TRUST Valerie Saki, representing City County Insurance Services (CIS), presented a distinguished award to the City for being a charter member of the Employee Benefits program through the League of Oregon Cities and City County Insurance Services over the last 50 years. The benefits program is a health benefits insurance pool for cities which gives member cities better insurance rates and flexibility in plan selection than if the city obtained group insurance as a single entity. At the annual CIS conference in February 2008, CIS recognized the 18 charter members and gave each member apro-rata portion of a $50,000 distribution from CIS. She thanked the City for their continued membership and participation in CIS. Mayor Figley accepted the award on behalf of the City. 0700 PRESENTATION: PALOMAR GAS TRANSMISSION Scottt Ferris, Director of Government Relations for TransCanada, stated that his company is a partner with Northwest Natural Gas in proposing the Palomar Gas Transmission project. A specific issue of concern regarding this proposal had been the placement of the proposed gas line within the southwest portion of the City's urban growth boundary expansion area, however, the most recent proposal would move the propose gas line to just south of the proposed urban growth boundary expansion area. He introduced Bruce Anderson, Regional Community Relations Manager for NW Natural Gas and Debra Olep, Community Outreach staff member, who were also in attendance at this meeting. Mr. Ferris provided background information on this proposed project and its benefits to the citizens of Oregon. He stated that this proposal has been discussed for Page 2 -Council Meeting Minutes, May 12, 2008 COUNCIL MEETING MINUTES MAY 12, 2008 TAPE R F A T1TN("T over 10 years since the Willamette Valley is served by only one interstate natural gas pipeline. Northwest Natural Gas has had some concern about redundancy and that the Willamette Valley is one of the few major metropolitan areas in the United States that only has access to one interstate natural gas line pipeline. If something would happen to that line and an additional line installed, they would be able to provide natural gas to customers with minimal, or no, interruption in service. Additionally, another line would provide customers a diversity of supply to give ratepayers the best possible price on natural gas. In regards to global climate change, natural gas is considerably cleaner than coal, which nationally, accounts for 50% of the nation's electric generation and 40% in the State of Oregon. Standards have been adopted by Oregon, Washington, and California in which coal can no longer meet in terms of carbon emissions and natural gas is the source many are moving towards since natural gas is more than twice as clean as coal and natural gas is becoming the fuel of choice for electric generation until some other renewable source is able to carry the major share of the load for electric generation. Palomar prof ect was initially designed to spur off of the natural gas northwest pipe that runs through Central Oregon from Maupin to Molalla which is where Northwest Natural Gas has a gate station which is then distributed to the local distribution network. It was then decided to propose another pipeline that would go from the mouth of the Columbia where another LNG terminal is also being proposed into Molalla. Northwest Natural Gas's involvement in this project is that they believe they would be major customers of LNG source gas which would benefit Oregon and Washington consumers. The proposed pipeline would be 220 miles in length from Maupin to Bradford Landing on the Columbia River with Molalla being the center point. The issue of concern is dealing with the base route. The City had contacted them early on in this project on the route and, as a result, they have redesigned the proposed route which be outside of the City's urban growth boundary expansion area and this alternative route will be used when they file their application later this year. Landowners around the alternative route have already been contacted and permissions have been received. These landowners will be asked fora 120 foot wide constructionright-of way, and a 50 foot wide permanent easement. Within the permanent easement, landowners will only be asked to restrict their activities on 10 feet on each side of the gas line. Landowners will be fully compensated for the real estate value of the right-of way and easement, and for any damage to property and crop loss. The pipe is 36 inches in diameter and will carry up to 1.2 billion cubic feet of gas daily which is why they want to keep the pipe away from populated areas and structures. In regards to safety concerns, Gas Transmission Northwest has been operating in Oregon since 1961 and they have never had an unintentional release of gas from the pipeline that resulted in any third party damages or injury. They monitor the pipeline continually and they are able to detect any kind of reduction in pressure with valves being located along the line that will cutoff the gas supply quickly. Routine inspections are conducted both from the ground and from aerial patrols. They anticipate filing their application in December 2008, followed by an environmental impact statement in the spring or summer Page 3 -Council Meeting Minutes, May 12, 2008 COUNCIL MEETING MINUTES MAY 12, 2008 TAPE READING of 2009 with the hope that a final environmental impact statement issued at the end of 2009 so that approvals can be adopted. Proposed time frame for right-of way acquisition and construction will be in calendar years 2010 and 2011. These pipelines are built to last 100 years or more and he stated that the pipeline in Central Oregon has been in place for 46 years. They are built to withstand all sorts of seismic issues and designed to minimize whatever seismic issues that would arise. Councilor McCallum questioned as to how much competition there is for this pipeline. Mr. Ferris stated that for the pipeline there are a variety of natural gas projects since there are 3 LNG terminals being proposed (Bradford Landing about 35 miles up the Columbia River, Oregon LNG at mouth of Columbia near Warrenton, and one in Coos Bay). Each of those terminals would then have a pipeline affiliated with it. There are also several proposals to bring Rocky Mountain gas into Oregon. They are anticipating only one LNG terminal will be built and only one pipeline will be built. Councilor McCallum expressed his appreciation for this presentation and for the alternative route being proposed. Mr. Ferris stated that interstate natural gas pipelines have been federally regulated for 70 years but what change in 2005 was that LNG terminals are now under federal authority whereas previously they were under state authority. Councilor Bjelland stated that it appears that the biggest growth component in natural gas demand over the next 20 years is power generation and he questioned what constitutes power generation that uses natural gas. Mr. Ferris stated that electricity is generated by the burning of natural gas in turbines with 90% of new power generation which is providing electricity to homes and businesses being built in the United States. Mayor Figley thanked Mr. Ferris for his presentation on this project and for the proposed relocation of the pipeline outside of the City's proposed urban growth boundary expansion area. 1910 CHAMBER OF COMMERCE REPORT. Deb Yager, Chamber President, stated that for the month of April, the Chamber office fielded 202 calls of which 197 was on Chamber business and they received 62 Chamber visitors to the Chamber office. The Visitor's Center had 2,276 visitors which is up 700 from last month and 916 of those visitors were from outside Oregon. She also mentioned that their cyber visits were 6,173 which is following a similar trend level as in 2007 for the first 4 months of the year. The first class of graduates from the Woodburn Business Police Academy graduated on April 29, 2008. She stated that she was one of 13 graduates and she thanked the Police Department for providing Officer Rick Puente, class instructor, and, to date, they have logged that they have been able on three occasions to thwart activity based on what they had learned in the academy. She commended Officer Puente and Chief Russell on the whole aspect of this training which empowers them to create a business watch Page 4 -Council Meeting Minutes, May 12, 2008 COUNCIL MEETING MINUTES MAY 12, 2008 TAPE R F A nTNCT community. To the best of their knowledge, this academy is the first one of its kind in the northwest and possibly the only active business watch association in the nation. The second Business Academy class will be specifically directed toward the Latino downtown merchants and it will be done in Spanish. A third academy is anticipated before the end of the calendar year. 2177 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Superintendent, stated that a recent fire behind French Prairie Middle School caused $250,000-$300,000 damage to the maintenance storage area. Vandals had started a portable toilet on fire which was placed next to the storage building that also served as a warehouse for the nutrition services department. All of the food products were contaminated so they are not able to use the food for the students, however, the can goods will be donated to the A.W.A.R.E. Food Bank. This loss did not create any delay for students attending school and they have a plan for distributing food to the school buildings, therefore, each facility will have less food on site for preparation until repairs are completed. He also mentioned that Public Works Director Dan Brown and the City's maintenance staff is working on a project between French Prairie Middle School and Lincoln Elementary School which includes student involvement to improve the drainage. He stated that several students had entered the Oregon Holocaust Resource Center annual essay contest with one student being a 1st place winner, another student was a 3rd place winner, and another student receiving honorable mention. Two students from Valor Middle School were invited to Washington D.C. to share what their school has been doing in the healthy choice program as part of the Alliance for Healthier Generation. He also stated that Nellie Muir and Lincoln Elementary Schools were both honored by the State Superintendent of Schools for closing the achievement gap. Sixteen schools were honored throughout Oregon and Woodburn was the only school district that had two schools receiving this honor. He informed the public that a Teen health fair will be held on May 15, 2008 from 3:00-6:00 pm at Woodburn High School which will address health issues involving teens. A group of Lincoln Elementary School students placed 2nd in the Northwest 5th and 6th grade Thinking Cap Quiz and they competed against almost 30 teams from Oregon, Washington, Idaho, Montana, and Wyoming. He stated that students in one of the small high schools alone (Arts, Science, & Technology Academy) has earned over $700,000 in scholarships. On May 20th, the district's music festival will be held and he encouraged the public to attend this annual event. Lastly, the high school graduation ceremony will be held on June 6th at the high school athletic field. 2630 CONSENT AGENDA. A) approve the Council meeting minutes of April 28, 2008; B) approve the Council special meeting /workshop minutes of April 23, 2008; C) accept the Library Board minutes of April 9, 2008; Page 5 -Council Meeting Minutes, May 12, 2008 COUNCIL MEETING MINUTES MAY 12, 2008 TAPE RF.A~TNCT 2699 D) receive the Building Activity report for April 2008; E) receive the Planning Tracking Sheet dated May 7, 2008; and F) receive the informational staff report on the Liquor License Request for Condition change submitted by Wellspring. NICHOLSIMCCALLUM .. adopt the Consent Agenda as presented. The motion passed unanimously. PUBLIC HEARING: TOUT STREET IMPROVEMENT BETWEEN SOUTH SETTLEMIER AVENUE AND SOUTH FRONT STREET LOCAL IMPROVEMENT DISTRICT {LID) FINAL ASSESSMENTS. Mayor Figley declared the public hearing open at 8:05 p.m.. Public Works Director Brown submitted a corrected Exhibit A for attachment to the staff report. He stated that the public hearing notice in the newspaper had the correct amount listed for each benefitted property and what was included in the Exhibit in the agenda packet had included a $500 fee for one property owner which will be collected separately, Councilor Cox questioned why the Bancroft bond interest rate was at 6.25%, whereas the interest rate on another proj ect is at a lesser rate. Recorder Tennant stated that the interest rates were established when the ordinances authorizing the improvements were adopted. No one in the audience spoke either for or against the proposed final assessment and no written remonstrances were received. Mayor Figley closed the public hearing at 8:09 p.m.. COXIMCCALLUM.... instruct staff to prepare an ordinance for Council action establishing the final assessment amounts as presented. The motion passed unanimously. 3040 PUBLIC HEARING: BOONES FERRY ROAD IMPROVEMENT BETWEEN HIGHWAY 214 AND GOOSECREEK LOCAL IMPROVEMENT DISTRICT {LID) FINAL ASSESSMENTS. Mayor Figley declared the public hearing open at 8:10 p.m.. It was noted that there were no changes to the staff report in the agenda packet. No one in the audience spoke either for or against the proposed final assessment and no written remonstrances were received. Mayor Figley closed the public hearing at 8:11 p.m.. Councilor McCallum stated that he was unsure if he had a conflict of interest on this issue since he did not live right in this area but he would be abstaining from voting on this issue. LONERGANINICHOLS.... staff prepare an ordinance for Council action on establishing the final assessment amounts for Boones Ferry Road LID between Goosecreek and Highway 214. The motion passed 5-0-1 with Councilor McCallum abstaining. Page 6 -Council Meeting Minutes, May 12, 2008 COUNCIL MEETING MINUTES MAY 12, 2008 TAPE RF.AT~1N~T 3185 COUNCIL BILL N0.2720 -RESOLUTION ENTERING INTO GRANT AGREEMENT N0.24844 WITH STATE OF OREGON AND AUTHORIZING INTERIM CITY ADMINISTRATOR TO SIGN SAID AGREEMENT. Councilor Sifuentez introduced Council Bill No. 2720. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2720 duly passed. 3253 COUNCIL BILL N0.2721-RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY FOR PLUMBING AND ELECTRICAL PROG~ SUPPORT AND AUTHORIZING INTERIM CITY ADMINISTRATOR TO SIGN SAID AGREEMENT. Council Bill No. 2721 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 No. 2721 duly passed. 3313 LIQUOR LICENSE APPLICATION (New Outlet) - DOS ARBOLITOS MUSICA LATINA y MAS,1585 N. Pacific Hi~hwaX Suite B. Staff recommended the approval of the license application which would provide for the sale of alcohol for off premises consumption. LONERGAN/SIFUENTEZ... approve the liquor license application. Councilor Cox questioned what type of business has applied for this license. Interim Administrator Russell stated that this business sells music and CD's with some general merchandise and they are located on the west side of Highway 214 in a business complex. Councilor Cox stated that this is not a typical store that would sell alcohol, and even though he may not agree with OLCC, they define the kinds of businesses that they license to sell alcohol and he did not see any reason for the City to deny the license. Councilor McCallum agreed that restaurants and stores that have food are locations that can sell alcohol but feels that OLCC has, over the years, gone from a control situation to a revenue generation. He felt that this change has, in part, resulted from legislative actions to increase revenues in the state budget. He did not obj ect to sending a message to OLCC on this issue and wished more communities would do so. Following a brief discussion on this issue, the motion passed 4-2 with Councilors Nichols and McCallum voting nay. 3799 RESCHEDULING OF MAY 26, 2008 COUNCIL MEETING. NICHOLS/SIFUENTEZ.... regular meeting of May 26, 2008 be rescheduled to Tuesday, May 27, 2008. Councilor Bj elland stated that he would be out of the state on that date and will not be in attendance. Page 7 -Council Meeting Minutes, May 12, 2008 COUNCIL MEETING MINUTES MAY 12, 2008 TAPE RF,AnTNCT 3860 The motion passed unanimously. PLANNING COMMISSION OR ADMINISTRATOR LAND USE ACTIONS. A} Community Development Director's Approval of Partition 2008-021ocated on Stacy Allison Way (Sanitary Sewer Lift Station): The partition allows for the division of one lot into two parcels with the intent to convey the parcel that houses the lift station to the City at a future date. B) Community Development Director's Approval of Partition 2008-01 and EXCP 2008-05, located at 1050 West Hayes Street, Tax Lot 051 W07CC08200: The partition allows for the division of one lot into three parcels and an exception to the street right-of way and improvements for West Hayes Street. No action was taken to bring these land use actions up for review. 3923 CITY ADMINISTRATOR'SREPQRT. Interim Administrator questioned if the weekly updates provided to the Council needed any changes in the amount of information provided. It was the consensus of the Mayor and Council that the information provided was sufficient. Councilor Lonergan expressed his appreciation of Public Works being so proactive in responding to a letter that was in the Woodburn Independent regarding a high water / sewer bill. The response from Public Works was extremely admirable by going out and finding a leak at the residence which shows true service to our community. 4104 MAYOR AND COUNCIL REPORTS. Councilor Nichols reminded the public that hot weather will soon be here and tall grass needs to be cut since tall dried grass is a potential fire hazard . Councilor McCallum reminded the Mayor and Council that the Mayor's Prayer Breakfast will be held on Tuesday, May 13th, 6:30 a.m., at the United Methodist Church. He also reminded the public that Relay for Life will be held on June 20 and 21, 2008 and teams are out raising money for this annual event. He also thanked the businesses for their sponsorship and the teams who are working to raise funds. Councilor Sifuentez questioned how much advance notice staff had of Senator Obama's visit to Woodburn. Interim Administrator Russell stated that staff had about 45 minutes advance notice. 4354 EXECUTIVE SESSION. Mayor Figley stated that City Attorney Shields has informed her that no executive session is necessary. Page 8 -Council Meeting Minutes, May 12, 2008 COUNCIL MEETING MINUTES MAY 12, 2008 TAPE READING 4380 ADJOURNMENT. MCCALLUMISIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:25 p.m.. APP ATTEST Mary Te ant, Recorder City of Woodburn, Oregon Page 9 -Council Meeting Minutes, May 12, 2008