Loading...
Minutes - 09/08/2008COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 8, 2008. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Figley Present Councilor Bj elland Absent Councilor Cox Present Councilor Lonergan Absent Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: Interim City Administrator Russell, City Attorney Shields, Asst. City Administrator Stevens, Public Works Director Brown, Interim Community Development Director Labossiere, Police Captain Tennant, Associate Planner Dolenc, Recorder Tennant For the record, Mayor Figley stated that Councilors Bjelland and Lonergan are on vacation. 0070 ANNOUNCEMENTS. A) Viva La Independencia will be held on September 13 and 14, 2008 at the Downtown Plaza from 12:00 noon until 8:00 p.m. each day. B) Parks and Recreation Master Plan draft recommendation presentation will be held on Tuesday, September 9, 2008, 6:30 p.m., in the City Hall Council Chambers prior to the 7:00 p.m. Recreation and Parks board meeting. C) Public Hearing before the City Council will beheld on September 22, 2008, 7:00 p.m, City Hall Council Chambers, regarding annexation of property located at 2400 North Pacific Highway. 0160 CHAMBER OF COMMERCE REPORT. Deb Yager, Chamber President, stated that the Visitors Center had 2,709 visitors (1,751 visitors were from out of state) during the month of August 2008 which is up from the July 2008 numbers. She stated that the Center has a base of 17 volunteers who help man the information center at Woodburn Company Stores and compared that number to Salem's Visitor Association who has a base of 50 volunteers. She urged community members interested in becoming an Information Center volunteer to contact Christine Edick at the Chamber office. Page 1 -Council Meeting Minutes, September 8, 2008 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING Chamber Forum luncheons will begin on September 10, 2008 at Cascade Park which will be sponsored by OSU Federal Credit Union from 12:00 noon until 1:00 p.m.. Guest speaker will be Woodburn Police Detective Puente who will be doing a presentation on Gangs 101. Forum luncheons will beheld on the second Wednesday of each month at Cascade Park. On September 11, 2008, orientation will begin for Leadership Woodburn which is a program promoted by the Chamber with the key sponsor for this program being MaPS Credit Union. The Chamber continues to look for sponsors for this program and she thanked Councilor McCallum for his support for this program which not only supports the youth but the business community with upcoming business leaders. This program will be held every Thursday from 9:30 am to 2:30 pm for 11 youth junior/senior students and 11 adult business leaders. Councilor McCallum questioned what the average number of hours per week a volunteer works at the Center and, in regards to the Leadership program, how many youth and adult participants have signed up for the program. Ms. Yager stated that the shifts are for 3 hours and regular volunteers average two or three shifts per month. In regards to the Leadership program, they have 11 youth and 11 adult participants for the this year's program. Mayor Figley stated that she volunteers at the Visitor Center for about three hours per month and finds this volunteer work as a very interesting experience. 0470 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Superintendent, stated that the school district had a great opening but they did have a bomb scare at the elementary school. This incident was taken seriously with precautions taken to protect the students. Woodburn Police responded immediately and a team of officers were sent in to search the building and grounds. It was noted that other schools in the surrounding area also received bomb scares on their first day of school. He mentioned that test scores show that the District is showing improvement in key areas with the biggest growth in writing. With 60% of the students being English language learners, demonstrating English proficiency through writing is quite an achievement for these students. Some improvement is also being seen in reading. The biggest improvement was in 10`" grade level math and the district is reaping the benefits that have been established for years in that those students are now in high school performing at a much higher level. Some of the scores are not up to the state's average and it is difficult to explain to the public about Woodburn's system to help them understand that over 60% of the students that are in or enter the system do not speak English as their first language and all of the assessments beyond the 3`d grade level are in English. He stated that these students need to learn content and begin to master English simultaneously and they have to grow at a fairly rapid rate in order to catch up with their peers who have been English Page 2 -Council Meeting Minutes, September 8, 2008 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING only speakers their entire life. He stated that Woodburn is far exceeding what others around the State are doing with English language learners and emphasized the need for students to have (1) strong first language skills, (2) continue to build vocabulary and context for language so students can learn content while learning English, and (3) English language development. Lastly, he mentioned that the International Baccalaureate program has been in the School District for 6 years. The number of students now entering that program has tripled and they are very pleased to see the students excel through the program. 0880 CONSENT AGENDA. A) approve the regular and executive session City Council minutes of August 11, 2008; B) approve the special and executive session City Council minutes of August 14, 2008; C) approve the special and executive session City Council minutes of August 25, 2008; D) approve the special and executive session City Council minutes of August 28, 2008; E) receive the report on the League of Oregon Cities (LOC) efforts regarding telecommunications franchises; F) receive the report on Claims for July 2008; G) receive the Building Activity report dated August 4, 2008; H) receive the report on the Community Development Director contract termination; I) receive the informational report on the Garbage Franchise Rate analysis; and J) receive the report on the Community Services statistics for July 2008. Councilor Cox referred to item H and stated that he would like to make a motion immediately after the consent agenda items have been approved to ratify the Interim City Administrator's action. Councilor McCallum stated that he was pleased to see the League of Oregon Cities report on telecommunications franchise and the direction that the task force proposal is headed on a gross revenue tax. MCCALLUM/SIFUENTEZ... adopt the Consent Agenda as presented. The motion passed unanimously. COX/NICHOLS.... Council approve and ratify the action taken by the Interim City Administrator in regards to the termination of the Community Development Director's contract. Councilor Cox stated that, even though the Interim Administrator has the authority to terminate the contract, he kept the Council informed of what was going on before any action was taken. The motion passed unanimously. Page 3 -Council Meeting Minutes, September 8, 2008 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING 1065 TABLED BUSINESS: COUNCIL BILL N0.2735 -RESOLUTION APPROVING AN ADJUSTED RATE SCHEDULE AND FUEL RECOVERY FEE SURCHARGE FOR UNITED DISPOSAL SERVICE, INC., SETTING AN EFFECTIVE DATE, AND REPEALING RESOLUTIONS NO. 1833 AND 1843. Mayor Figley stated that it was her understanding that Allied Waste DBA: United Disposal Service was not ready to remove this item from the table. Councilor Cox questioned if it would be appropriate to make a motion to table this item to an indefinite time since it is unknown as to when the information will be put together for Council review. City Attorney Shields stated that this item will continue to appear under Tabled Business until such time as the Council decides to remove it from tabled business. Councilor Cox referred to the report from the Interim City Administrator on the hiring of consultant for an external review of the rates. He stated that he had discussed this issue with Robin Murbach and they are in agreement that no data has been given to the City on rate of return on investment. The City could amend the franchise ordinance and require the rate of return on proceeds versus investments. The report from the Consultant, as outlined by Interim Administrator Russell, stated that a study for the City could be done at three levels of analysis at an hourly rate depending upon which member of the consultant's team did the work. COX/NICHOLS ... the City contribute 50% of the cost of the study at the level 1 analysis at a maximum City contribution amount of $3,000. City Attorney Shields stated that under the public contracting law, the City can directly spend up to $5,000 without a Request for Proposal. Councilor McCallum questioned if this work should be done now or should the Council wait until all of the information is received from United Disposal Service before a consultant is hired. Councilor Cox felt that part of the consultant's job is to ask Allied Waste to turn over documents to establish whatever else the consultant needs to know in order to do the work. Councilor McCallum questioned the estimated number of hours it would take to do this project. Interim Administrator Russell stated that staff has asked for a fixed price from the consultant but have not received a quote as of yet other than the hourly rate. If the quote is above $5,000, then the City would need to go out and get proposals for the service. Councilor Cox stated that if staff is unable to get a price of $6,000 or less of which the City would contribute 50%, then the City will hold off on utilizing his services. He has discussed his concerns with Ms. Murbach and, if the consultant work is too expensive, it may be that the City should consider the rate on return on gross proceeds. Mayor Figley solicited input from the Councilors on utilizing the services of a consultant. Councilor McCallum stated that his concern is on the return of investment made, what Page 4 -Council Meeting Minutes, September 8, 2008 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING type of report will be received, what will the cost be for the consultant's work and the number of hours it will take to provide a report. Councilor Cox stated that Ms. Murbach had provided him information on how much revenue would be generated from each $.25 increase in their basic fuel charge and it was not a large amount. He stated that having a consultant review the financial data and providing a report may not save the City any money, however, the financial reporting requirement is beyond the Council's expertise but it may be in the interest of the public to have a consultant help with the review of the financial reports even if it is not cost effective. Mayor Figley stated that citizens of Woodburn should not be subsidizing people in other Allied Waste operations. Councilor Sifuentez felt that Allied Waste should be providing more information to the City to meet franchise requirements instead of the City bringing in a consultant. Interim Administrator Russell stated that United Disposal is willing to provide more data but the difficulty is with staff analyzing the data versus what other garbage carriers are doing around the State. Councilor Cox questioned Interim Administrator Russell on how he felt about contracting with a consultant. Interim Administrator Russell stated that the new franchise agreement has a consultant piece in it along with a cost share agreement. Based on Council discussion to date, he does not feel that there is a consensus on the fuel surcharge proposal versus a flat rate increase and a consultant maybe able to assist the Council in determining which rate increase approach to accept. Councilor McCallum stated that he was not objecting to the consultant but would like to see the information from United Disposal before the consultant begins work. Councilor Cox stated that he was willing to hold off on making a decision at this time and he withdrew his motion. Councilor Nichols withdrew his second to the motion. 1890 PUBLIC HEARING: GOTTSACKER MEASURE 49 CLAIM AND VESTED RIGHTS DETERMINATION. Mayor Figley declared the public hearing open at 7:32 pm. City Attorney Shields stated that this was not a land use matter and it would not need a reading of the land use statement as required under ORS Chapter 197. Associate Planner Dolenc entered into the record Exhibits E through V which is background information on this issue. He stated that a copy of these Exhibits have been provided to Mr. Gottsacker. Exhibits A through D were included in the agenda packet since they provided more pertinent information for Council review. Associate Planner Dolenc stated that this claim arises from Ballot Measure 37 which was passed by the voters in 2004 establishing certain rights for property owners. Mr. Gottsacker made a claim in 2006 which was sustained by the City Council on March 14, 2007. In 2007, Page 5 -Council Meeting Minutes, September 8, 2008 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE RF.AnTN(T voters passed state-wide ballot Measure 49 which eliminated certain development rights under Measure 37 and required the City to review all Measure 37 claims and determine if compensation or relief was appropriate under Measure 49. This was atwo-step process requiring a tentative determination and then final determination. The tentative determination was made by the Community Development Director who determined that relief was not appropriate under Measure 49. This matter is now before the Council for final determination but this matter does not require a public hearing. The second element of this case is a determination of claimant's vested rights under common law which does require a public hearing. He stated that Measure 49 deals with the establishment of single family homes unless a claimant has made a Measure 37 claim for establishment of single family dwellings or partition or subdivision of property for single family dwellings. Measure 49 criteria speaks to residential uses and in this case, Mr. Gottsacker owns property that, according to his information, has never been used residentially. When he acquired the property, it was located in Marion County and they did not have zoning regulations at that time. Since then, zoning regulations in Marion County were established and it was zoned commercial. When the property was annexed into the City, it continued to be zoned commercial and all of the uses that Mr. Gottsacker has established on the property have been commercial in nature. Therefore, under Ballot Measure 49, there are no rights to a residential use on the property. Staff recommended that the Council find that the claimant is not entitled to relief under Ballot Measure 49. Associate Planner Dolenc stated that the second issue is common law vested rights. He explained that if a person has begun a development, expended significant funds in that development and, halfway through the process the rules change, the person can establish a vested right to continue the development based on the significant expenditure of funds already made. He stated that Mr. Gottsacker has provided a lot of information to the City but has never told staff what development he began prior to zoning that he has continued since then and that he has invested significant funds in developing the property. Mr. Gottsacker does have commercial development at the site but staff is not aware of any new construction or project that is on-going. Mr. Gottsacker does have the right to use and develop the commercial buildings that are on the property in conformance with the Woodburn Development Ordinance but common law vested rights speaks to an on-going development and the record does not have any evidence of on-going development. Staff recommended that the Council deny the claim of common law vested rights. Councilor McCallum questioned if 50% of a project needed to be complete in order to have vested rights. Associate Planner Dolenc stated that the criteria that the Oregon Courts have used include the amount of money spent in relation to the total cost of establishing the use but there is no fine line and the Council can set their own standards as to what constitutes a substantial or significant investment. Councilor Cox questioned if it was true that, in this case, the claimant has given the City Page 6 -Council Meeting Minutes, September 8, 2008 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING practically no evidence of any expenditure that can be tied to a specific development. He stated that Mr. Gottsacker has said that he has had planning fees, attorney fees, and loss of rent none of which are out of pocket expenses related to a specific development. The only thing Mr. Gottsacker has done to the property involves some curb and landscaping expenses. Associate Planner Dolenc stated that Councilor Cox's comments were consistent with their understanding of Mr. Gottsacker's expenses. 2526 Bert Gottsacker, 8518 Parr Rd, stated that he does not feel that the staff recommendation on his common law vested rights is in the best interest of the City. It is his understanding that the decisions on common law vested rights is to be made by the persons who granted the Measure 37 waiver which is the City Council. He stated that staff reports indicate that they made the decision whereas the Council needs to make the decision. He requested that the Council review information he was submitting at this meeting and that they make a final decision on this issue. He stated that the information contains a number of letters submitted to the Planning and Building Departments whose staff members informed him that he could not proceed with building changes since it would not pass code which is why he did not spend a lot of money on the property. The information submitted by Mr. Gottsacker was entered into the record as an Claimant Exhibit A. Mayor Figley stated that is was her recollection that the Council did approve the Measure 37 claim but Council struggled with some of the terms of the claim since Mr. Gottsacker had no specific proposal at that time. Mr. Gottsacker stated that he had gone back to when he had purchased the property since there were no uses at that time. He then asked for the uses from when the County first zoned the property which, at that time, allowed for 120 uses. He stated that when the Woodburn Development Ordinance was adopted, his uses were reduced to 4 which is why he filed the Measure 37 claim against the City. With the first claim, he did not get the appraisal and, with the second claim, the Council granted him a waiver rather than paying him the $205,000 in damages that the appraiser had listed. If he is granted the vested rights, it will send him back to the waiver the Council gave him that will give him the uses that he had when he purchased the property. He reiterated that the Council should read his material before making a decision. No one spoke either for or against the vested rights determination issue. Councilor Cox stated that the Council has been asked to review materials and felt that a decision should be made later after all materials submitted at this meeting have been reviewed. He suggested that the public hearing be closed, however, the record be kept open for 7 days for the applicant to submit any other material then an additional ?days be given for staff to analyze the material and report if anything is new or different. By following this procedure, written input can be obtained from either Mr. Gottsacker or Page 7 -Council Meeting Minutes, September 8, 2008 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING staff then a decision can be made at a subsequent regular meeting. City Attorney Shields reminded the Council that there are two issues before the Council with one being the determination on the Measure 49 claim and the other issue being the vested rights determination. It was his understanding that Mr. Gottsacker believes that he should qualify under common law vested rights but he agrees with staff that the property is commercial and, in terms of the Measure 49 claim, he agrees with staff that he does not qualify. He stated that the Measure 49 claim under the statute needs to be decided by October 1, 2008. However, the vested rights claim is common law and there is no deadline corresponding to that. Mr. Gottsacker agreed that he does have commercial property and does not qualify under Measure 49 but he does believe that his claim is for a common law vested rights. COX/MCCALLUM.... deny relief under Measure 49, Section 9, and instruct staff to bring back an appropriate order or other document to effectuate that decision and, secondly, close the public hearing but keep the record open for Mr. Gottsacker to submit any additional documentation he wants within 7 days which includes the documentation given at this meeting and, after that 7 day period, staff has an additional 7 days to write a memo to Council as to whether or not any of this additional documentation makes any changes at all in staff's findings and recommendations in the report. The motion passed unanimously. Mayor Figley declared the hearing closed at 7:54 p.m.. 3437 COUNCIL BILL NO. 2739 -ADOPTION OF HABITABLE RENTAL HOUSING ORDINANCE. Council Bill No. 2739 was introduced by Councilor Sifuentez. The two readings of the bill were read by title only since there were no objections from the Council. Councilor Cox stated that this bill is the culmination of years of effort and, although it is a final product that the Council is able to agree on, he is well aware that not everyone feels as enthusiastic as he and Councilor McCallum do on this matter. He feels that this ordinance will be another tool to cover the terrible situation that one would not want to happen in our community. He did not feel that this would create a new level of bureaucracy or any new licensing or permitting but it will be there if it is ever needed. Councilor McCallum concurred with Councilor Cox's comments and stated that the next step is to get the word out through public education. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2739 duly passed. Page 8 -Council Meeting Minutes, September 8, 2008 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING 3652 COUNCIL BILL N0.2740 -ADOPTION OF A RESOLUTION REGARDING THE APPEAL OF CASES DR 2008-01 AND EXCP 2008-03 FOR WOODBURN CROSSING DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF EVERGREEN ROAD AND HIGHWAY 214. Council Bill No. 2740 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. 2740 duly passed. 3739 COUNCIL BILL NO. 2741 -RESOLUTION AUTHORIZING OF THE SALE OF SURPLUS CITY OWNED PROPERTY FROM TAX LOT 3400 (Intersection of Cleveland Street and Brown Courtl. Council Bill No. 2741 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2741 duly passed. 3809 COUNCIL BILL N0.2742 -RESOLUTION ENTERING INTO 2004 2005 AND 2006 FUND EXCHANGE AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION (ODOT) FOR NORTH FRONT STREET PROJECT. Councilor Sifuentez introduced Council Bill No. 2742. 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. 2742 duly passed. 3899 COUNCIL BILL N0.2743 - WOODBURN DEVELOPMENT ORDINANCE AMENDMENTS. Councilor Sifuentez introduced Council Bill No. 2743. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Cox stated that this is another ordinance that has also been a culmination of a long process which includes reviews by a Focus Group, a lot of staff work, Planning Commission review, then submitted to the City Council for review. He stated that he had not read the final document in its entirety but he is relying on the fact that staff has done what the Council has told them to do after reviewing the draft documents. Councilor McCallum stated that this is a very important document that some people have difficulty with because of its length and provisions but it is a protection for the public. This document will continue to have changes into the future but provisions in the development ordinance is for the betterment of our community. Mayor Figley stated that the current Woodburn Development Ordinance was completely new and replaced an existing ordinance. When a complete re-write is done, no matter how thorough you are and try to anticipate problems, there will be inconsistencies, factual errors, things that have unattended consequences, and things that do not just work out Page 9 -Council Meeting Minutes, September 8, 2008 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING well in actual practice. This ordinance amendment does not cover all of the revisions that need to be considered but she appreciated the staff time involved in getting this many of the revisions to this stage. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2743 duly passed. 4224 FOUR HOUR PARHING REQUEST ON N. FIFTH STREET. Councilor Nichols questioned as to how parking will be monitored if the 4 hour limit is adopted by the Council. Interim Administrator Russell stated that in most cases, this will be a complaint driven process and staff will need to document that the vehicle has not moved for 4 hours in order to write a citation. The Police Department is getting closer to being able to have Code Enforcement Officers write parking citations but it is his understanding from Code Enforcement Officers that is very difficult when complaints are received about vehicles being stored while in actuality they are parked at a location for less than 72 hours which, if more than 72 hours, it would fall into the Storage Ordinance currently in place. Public Works Director Brown stated that staff had been trying to follow a pattern used in other multi-family residential areas where numerous complaints had been received regarding parking and congestion. He agreed that it is hard to distinguish when people violate the storage requirements or are just moving vehicles around where there is insufficient parking for residents. Councilor Cox questioned if there had been any input from the management of Nuevo Amanaceer or from the church since these are the two parties affected by the time limitation. He questioned what problem is being caused if vehicles are parked for more than 4 hours but less than 72 hours. If the parking is causing congestion, then he could agree with the time limitation. He stated that he would like some information as to why motorists are parking out on the street in that area since it only serves the housing development and the church. Director Brown stated that the issue was presented to him as a public safety issue and, with parking on both sides of street, people are not able to move around. Residents of the area had been filing complaints and it was his understanding that, without any enforcement, the management of Nuevo Amanaceer cannot do anything for the residents of their facility to make sure that they have proper access to what is appropriate parking. Councilor McCallum question if there is a limit on the number of cars for each unit at Nuevo Amanaceer. Director Brown stated that he did not know how many vehicles were allowed per unit but there is usually more vehicles parked in the area then the number of parking spaces allocated. He stated that he has talked to staff about the parking issue but has not spoken to management at Nuevo Amanaceer or looked directly at the situation but it was his understanding that there was a strong desire by the residents to get this under control. Page 10 -Council Meeting Minutes, September 8, 2008 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING Councilor Sifuentez expressed her opinion that staff should talk to the Nuevo Amanaceer management before the City takes any action. She stated that the facility has an active tenants committee that meet monthly and they should be participating in working out a solution to the problem. Mayor Figley agreed that input should be obtained from the management and the church before action is taken. Director Brown stated that he will do more research on this issue and report back at a later date. 4970 PROGRAM IMPLEMENTATION: POLICE CANINE TEAM. Interim Administration Russell stated that the Police Department is ready to move forward on this program and funding allocations would be included in the next budget amendment. Training will begin in September at a nationally accredited police canine team training academy in Denver, Colorado. NICHOLS/MCCALLUM... receive the donations and authorize the implementation of a Police canine program. Councilor McCallum expressed his support of this program, however, in regards to the process, he would have liked to have known about it before funds were raised since there are budget commitments that need to be addressed in order to maintain the program. Interim Administrator Russell stated that there were some very excited Woodburn Police Association members that moved forward with this project before he was aware of their solicitation of donations. In the future, he will make sure Council approval is given. Councilor Cox stated that he is also in support of the program but everyone needs to understand that once it is approved, there is a commitment to move forward whether or not donations continue to be received in the future. He stated that he is holding $2,250 in trust from a couple of individuals who have elected to remain anonymous and he did not want to turn the money over until it is known that the program will move forward. Interim Administrator stated that the money in the staff report is what has been received to date ($22,000) and he assured the Council that staff will get the job done with the money that has been made available. Councilor McCallum reiterated his appreciation to all those who donated to this program and, in particular to Walmart for their very large donation. Councilor Cox suggested that a Resolution be passed to acknowledge all of those people, organizations, and businesses who have contributed to this program. The motion passed unanimously. 5508 DESIGNATION OF VOTING MEMBER AT LEAGUE OF OREGON CITIES CONFERENCE. COX/MCCALLUM.... designate Councilor Sifuentez or the Mayor to be the designated voting member at the League of Oregon Cities conference. Page 11 -Council Meeting Minutes, September 8, 2008 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING It was noted that Councilor Sifuentez may not be in town for a portion of the conference and, if not, Mayor Figley will try to attend the annual meeting in her place. The motion passed unanimously. 5656 CITY ATTORNEY EVALUATION. Mayor Figley suggested that the evaluation be done at the next meeting and she requested that City Attorney Shields provide the Mayor and Councilors with the evaluation materials in advance of the meeting. Councilor McCallum stated that he would not be in attendance at the next meeting since he will need to be out of town. Councilor Cox stated that he will be at the next meeting but not at the following meetings in October. He questioned if the evaluation could be held off until first meeting in November when all of the Councilors should be present. City Attorney stated that he is willing to hold off on the evaluation. In the meantime, he will prepare a quarterly report that will combine two quarters into one report for the Mayor and Council's review. 6018 CITY ADMINISTRATOR'S REPORT. A) Interim Administrator Russell updated the Council on the September 13`h and 14`" event at the Downtown Plaza. Neighbors within the downtown area were sent letters about the upcoming event which included the hours of operation. Additionally, new sound monitoring equipment has been obtained and staff has been trained to operate the equipment so that staff can monitor both the upper A scale and the lower B scale for base noise. Amplified sound hours have also been changed to 8:00 p.m. for both days whereas it had been at 9:00 pm in previous years. The goal is to have a fun event for everyone and to respect the neighbors in the area. Staff has also talked to a number of neighbors and requested that they give the City feedback while the event is being held. B) Interim Administrator Russell stated that the Second Business Police Academy will be held October 7 - 10, 2008 and the Chamber is helping the Police Department to publicize this event. He stated that any business member is invited to participate in this program. Councilor Nichols questioned as to what has been done about the parking situation for the downtown event since there were complaints last year about parking. Interim Administrator Russell stated that there are some street closures to assist with parking and it was his understanding that there will be some people available to help direct people as to where to park. In regards to Cornwell's lot, staff will make sure that is is closed and posted appropriately. 6330 MAYOR AND COUNCIL REPORTS. McCallum congratulated Woodburn High School Bulldogs for their recent varsity football game 49-13 win over Roosevelt High School. This was their first win in 41 Page 12 -Council Meeting Minutes, September 8, 2008 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING games and he wished them the best of luck for rest of the season. Mayor Figley stated that she had attended, and voted, at the MWACT meeting in lieu of Councilor Bjelland who was out of town. She stated that ODOT projects take time and money and shared with the Council that the current ODOT estimate time frame for finishing the environmental assessment for widening Highway 214 from I-5 to Park Avenue is 18 months. She also stated that ODOT will be discussing a pedestrian crossing at Park Avenue within the environmental assessment report. In regards to the Park and Ride lot, it is scheduled to be completed in 2010. Lastly, at the current pace, engineering. planning and everything but actual construction of the interchange could be done by 2011. Tape 2 0030 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660(2)(d). NICHOLS/MCCALLUM.... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned into executive session at 8:30 pm and reconvened at 9:07 pm. 0048 Mayor Figley stated that no decisions were made or action taken by the Council while in executive session. 0062 ADJOURNMENT. NICHOLS/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:08 p.m.. ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 13 -Council Meeting Minutes, September 8, 2008 Executive Session COUNCIL MEETING MINUTES September 8, 2008 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 8, 2008. CONVENED. The Council met in executive session at 8:35 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Councilor Bjelland Absent Councilor Cox Present Councilor Lonergan Absent Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: Interim City Administrator Russell, City Attorney Shields, Assistant City Administrator Stevens, 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 ORS 192.660(2)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations. ADJOURNMENT. The executive session adjourned at 9:05 p.m.. ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 -Executive Session, Council Meeting Minutes, September 8, 2008