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Minutes - 06/08/2009COUNCIL MEETING MINUTES JUNE 8, 2009 TAPE RF.An1NCT 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 8, 2009. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Figley Present Councilor Berkey Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, Assistant City Attorney Stuart, Assistant City Administrator Stevens, Acting Police Chief Blevins, Public Works Director Brown, Community Development Director Hendryx, Finance Director Gillespie, Community Services Director Row, Police Captain Alexander, Urban Services and Transit Division Manager Knorr, HR Assistant Sprauer, City Recorder Tennant 0045 ANNOUNCEMENTS. A} Woodburn Public Library will be closed on Sundays for the summer beginning June 21, 2009 and they will resume opening on Sundays beginning September 13, 2009. B}Community Economic Development Grant for Water Consolidation to expand to areas polluted by arsenic. C) Community Barbeque to welcome home Police Chief Scott Russell will be held June 16, 2009, 6:30 p.m., at Centennial Park. D} Robert Knorr has been hired as the Public Works Urban Services and Transit Division Manager. 0172 PRESENTATION: MARION COUNTY WASTE MANAGEMENT PLAN. Jeff Bickford, Marion County Public Works Environmental Services Manger. Mr. Bickford presented an update on the Marion County's Waste Management Plan, which would serve as a roadmap for the next 15 years. A public hearing is scheduled for June 18, 2009 at 6:30 pm in the City Hall Council Chambers and at other locations throughout the county. The Solid Waste Management Advisory Council consisting of a consultant firm with 16 members, is the primary workgroup for the plan. The planning process for this project will be been done incrementally by chapter. As each draft is reviewed it will be placed on the website for public input. Once the feedback is received they will prepare a final draft for the County Commissioner's review and potential adoption. Page 1-Council Meeting Minutes, June 8, 2009 COUNCIL MEETING MINUTES JUNE S, 2009 TAPE READING There are several key issues for the 2009 Solid Waste Management Plan (SWMP) Update: new programs and services, addressing growing demand, a contract due to expire, new facilities, services and technologies, and fair and equitable rates and fiscal stability. The biggest issue that County faces is that the contracts for operations and the sale of energy are due to expire in 2014. Mr. Bickford presented slides which included charts that compared generated versus disposed solid waste, transfer station tonnages, tonnage at the waste-to-energy facility, waste disposal trends, waste composition, and waste stream characteristics. 0972 The 2009 SWMP Update included three general categories of recommended strategies: 1 } reduce waste generated by people at home and at work; 2) recycle more materials from waste stream through reuse and recycling and focusing more effort into business and multi-family housing recycling; 3) provide a cost effective processing and disposal system and to continue stable, long term system to manage waste that is not recycled. The update also included several options for future waste processing and disposal: l) site anew landfill or bioreactor landfill in Marion County; 2) export waste to Coffin Butte Riverbend (Benton County); 3) export waste to Regional disposal sites (new Arlington, OR); 4} or continue operation of the Waste To Energy Facility (WTEF). 1347 Mr. Bickford briefly reviewed the 2008 Emissions at WTEF. The facility has done a good job falling well below the EPA limits and operating safely. The Solid Waste Fund is a dedicated fund with revenues gained through tipping and franchise fees. The fund covers all cost of operations and includes reserve funds for closure and post-closure of landfills, environmental cleanup, and capital improvements. 1649 The goal for 2014 is to produce less waste, continue to lead State with recovery rate, maintain tip fees, and have less than 5% of waste disposed in landfills. Councilor Lonergan questioned if Browns Island was owned by Marion County, what capacity it is operating at, and why they have not built another facility to meet the growing demand. Mr. Bickford stated that Browns Island is owned by Marion County and is a construction and demolition debris landfill. The plant has an expected 10 to 12 years remaining, but if they find a way to recycle drywall, they maybe able to add an additional 10 years to its life. He explained that a proposal is currently being developed and noted that it is expensive to build new facilities. The bonds used to pay for the last facility have just recently been paid off. Marion County would like to focus more on waste to energy, commercial recycling, and organics. Mayor Figley expressed appreciation for presentation 2406 CHAMBER OF COMMERCE REPORT. Don Judson, Executive Director, stated there would be forum lunch at Wellspring to honor the Leadership Woodburn graduates. The next scheduled Greeters would be June 12, 2009 at US Bank. It will be the last Greeters of the season and will resume September 11, 2009. Page 2 -Council Meeting Minutes, June 8, 2009 COUNCIL MEETING MINUTES JUNE 8, 2009 TAPE uFanrNrT The Chamber golf tournament will begin 8:00 on Friday, June 19, 2009. 2500 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, School Superintendent, stated that the 2009 graduating class received over $2 million in scholarships. On June 18, 2009, the school district will meet to approve the budget for the following year. There will be approximately $2 million in cuts, with no reductions in classes but some reductions in staffing and services. Mayor Figley applauded the 2009 graduates of the Woodburn High Schools. 2654 CONSENT AGENDA. A) Approve the Council meeting minutes of May 1 1, 2009; B) Approve the Recreation and Park Board minutes of May 12, 2009; C) Accept the Community Services Department Statistics for April 2009; and D) Accept the Police Department Crime Statistics report for March and April 2009. Councilor Schmidt stated that the Police Department's January through March statistics were unnecessary because they were included in the January through April statistics. MCCALLUMIPUGH.... Adopt the Consent Agenda as presented. The motion passed unanimously. 2810 TABLED BUSINESS: COUNCIL BILL N0.2774 -RESOLUTION ENTERING INTO AN AGREEMENT WITH THE MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS AND AUTHORIZING CITY ADMINISTRATOR TO SIGN SAID AGREEMENT. MCCALLUMILONERGAN... Move Council Bill 2774 off the table. The motion passed unanimously. Community Development Director Hendryx presented a staff report that proposed entering into an intergovernmental agreement with the Council of Governments on a business assistance program at a prior meeting and would answer any questions. Ray Teasley, Mid-Willamette Valley Council of Governments (COG). Mr. Teasley stated that the City needs to have program that makes it attractive for private lenders to participate and loan money. The City needs to allow private lenders first lien position on collateral. Councilor McCallum asked if there were any protections for City. Ray Teasley stated that all loans require one-to-one collateral coverage. Mayor Figley expressed that some are concerned about the value of the businesses receiving the loans and that this program will not be 100% financing. Ray Teasley explained that the program will only allow up to 50% financing and that there is no way to right all contingencies into the rules. One option is that COG could prepare and submit a staff report to the City on the applications which would identify issues and recommendations. Page 3 -Council Meeting Minutes, June 8, 2009 COUNCIL MEETING MINUTES JUNE 8, 2009 TAPE R F A T~1NCT Councilor Pugh questioned if the City would be sub-contracting the program to COG. Mayor Figley stated that it is reinsuring knowing that COG has loan officers on staff and that they have working relationships with banks. Councilor Cox stated that the resolution is not to adopt the program but rather to enter into an agreement with COG. Community Development Director Hendryx stated that the program is outlined as an attachment to the staff report that includes the program criteria. The program outline sets out a guideline of loan limits of $25 thousand, or as approved by the City Administrator. Councilor Cox explained that there is nothing on the agenda that asks City Council to approve what is set forth in the staff report. There needs to be further discussion on the program guidelines and he believes the procedures and paperwork is flawed and guidelines are too rigid. The program is a good idea but more work is needed. Mayor Figley suggested that the staff report be entered into the agreement with COG. Councilor Pugh suggested that a committee be made to prepare a more complete business assistance program. Mayor Figley stated that there is consensus that a business assistance program would be an effective use of funds but more work should be done. Community Development Director Hendryx stated that the guidelines presented to Council were modeled after the City of Newberg's business assistance program. Ray Teasley explained that cities determine the policies and set general standards. COG then puts together the loan applications and forms and begins to market the program. As loan applications are submitted, COG staff meets with applicants and then prepare staff report for City review. To date, COG has not had discussions with the City on process. Mayor Figley established a committee with Councilors Cox and Pugh and Don Judson, a former banker. Council Bill 2774 will be brought back at the next regular meeting. 4335 PUBLIC HEARING: CONSIDERATION OF SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2008-09. Mayor Figley declared the public hearing open at 8:07 p.m. Finance Director Gillespie explained several changes included in the supplemental budget for Fiscal Year 2008-09 including a change in accounting procedures for CIP funds, corrections in erroneous coding of funds, capital improvement projects budgeted by line item, and unexpected repairs to a sewer line cleaner. All changes were tabulated in the staff report. No one in the audience spoke either for or against supplemental budget. Mayor Figley declared the public hearing closed at 8:13 p.m. LONERGAN/PUGH... Direct staff to prepare a resolution. All aye. Page 4 -Council Meeting Minutes, June 8, 2009 COUNCIL MEETING MINUTES JUNE 8, 2009 TAPE R F, A n1NCT 4807 PUBLIC HEARING: CONSIDERATION OF CITY BUDGET FOR FISCAL YEAR 2009-10. Mayor Figley declared the public hearing open at 8:14 p.m. on the City's Budget for Fiscal Year 2009-2010 which includes funds for the State Revenue Sharing Program. Finance Director Gillespie presented the staff report and stated that the Budget Committee met on April 18, 2009 and unanimously recommended a budget, property tax limit, and bond of debt levy to City Council. Since the Budget Committee made their recommendations, the following adjustments are presented for consideration: 1) Housing Rehabilitation fund was approved fora $450,000 housing rehabilitation program. The $225,000 business assistance program presented at this Council meeting would also come from the Housing Rehabilitation fund. 2) PERS reserve should include COLA balance. 3) CIP Environmental Assessment for Highway 214 to Broughton Way/Park Avenue has a cost of $156,342, which should be added to the TIF fund with cost from operating contingency. Finance Director Gillespie explained that these adjustments, along with three additional adjustments, would change the total recommended budget by $293,625 for a total recommended budget of $57,102,667. Finance Director Gillespie stated that the City will not be laying anyone off this year. The City has, however, exhausted all of the ways to avoid layoffs and if the recession continues for another year there will be layoffs. There will be no COLAs for employees in FY 2009-10 as a cost saving measure. The City would like to retain trained staff and come out of the recession strong. No one in the audience spoke either for or against the proposed budget. Mayor Figley declared the public hearing closed at 8:22 p.m. COX/PUGH ... 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. The motion passed unanimously. 5723 PUBLIC HEARING: ESTABLISHMENT OF THE IRONWOOD SUBDIVISION LOCAL IMPROVEMENT DISTRICT FOR REPLACEMENT OF STREET TREES AND SIDEWALK REPAIRS. Open 8:23 pm Councilor McCallum declared conflict of interest and would not participate in the public hearing. Councilor Pugh declared potential conflict because his company has listed property in the affected area but he will participate on a limited basis. Councilor Lonergan stated that he has a family member living in area but does not see a conflict of interest. Public Works Director Brown presented the Ironwood Subdivision Local Improvement District staff report. He stated that public notice has been made, a petition with over 70% Page 5 -Council Meeting Minutes, June 8, 2009 COUNCIL MEETING MINUTES JUNE 8, 2009 TAPE READING neighborhood support was had been completed, and he has received no adverse comments regarding proceeding with LID. Councilor Cox asked a procedural question in regards to approval or adoption. Assistant Attorney Stuart explained that Council would seek to make a resolution to approve the LID. An ordinance approval will allow staff to move forward. No comments for or against. Mayor Figley declared the public hearing closed at 8:28 p.m.. COXlLONERGAN ... Staff prepare a resolution or ordinance approving staff report and approving the LID. All aye. Councilor McCallum did not participate in the discussion or on the vote. 6334 PUBLIC HEARING: VACATION OF BROADWAY STREET BETWEEN "A" STREET AND "B" STREET. Mayor Figley declared the public hearing open at 8:29 p.m. Public Works Director Brown explained the purpose for the vacation of Broadway Street between "A" and "B" Street was to consolidate the public works yard and fueling station, and to provide fuel storage capacity during emergency situations. He stated that the vacation provides for, and does not want to impede commerce activities. Tape 2 Public Works Director Brown stated that he had received a letter from Mr. Payne with PALO, LLC and Valley Rolling, and has had discussions with Doug Colemen with Industrial Machine, and Wolfer's Heating. He explained that the City has a commitment to work with businesses and the vacation would better utilize the square footage dedicated towards the street and still allow for commerce activity. City Administrator Dericksonstated that correspondence has been received by City Council from PALO, LLC and Valley Rolling. Public Works Director Brown stated that those in the affected area have been notified but the responses have come late in the process. Those who object the project are concerned that they are giving up a tangible ability to transit and utilize the area with no reassurances that the City will not block off the street in the future. There were none in favor who wished to speak. Laura Hagenauer, Valley Rolling -PALO, LLC, 310 Broadway Street, Woodburn, OR. Ms. Hagenauer explained that their main concerns were employee parking and to continue semi-truck use on the street. Chris Karsseboom, 810 E. Cleveland Street, Woodburn, OR. Mr. Karsseboom expressed his concern for the property owners who may not be able to lease their buildings if the roadway is vacated. 0555 Larry Payne, PALO, LLC, 21100 S. Deer Creek Lane, Colton, OR. Mr. Payne is the owner and property manager of PACO, LLC and explained that he will continue to be in objection until he receives written assurance from Council that the vacation will not hinder the lease of the property in the future or affect Valley Rolling Metals. Page 6 -Council Meeting Minutes, June 8, 2009 COUNCIL MEETING MINUTES JUNE 8, 2009 TAPE R F A TITNfT Doug Coleman, Industrial Machine, Woodburn, OR. Mr. Coleman is the president and owner of Industrial Machine and spoke with Public Works Director Brown about the vacation. He explained that Dan Brown had assured him that the City would accommodate their needs and they would be able to continue to use Broadway Street to load and unload their semi-trucks. Mr. Coleman would like written assurance. Public Works Director Brown stated that the roadway can be better utilized if it is vacated and allow for commerce activity. Currently, Broadway Street is atwo-lane street with parking on both sides and amenities that are not being used. Asemi-truck lane could be added to allow for semi-truck traffic with a limited access permit for local deliveries. He explained the benefits of the project and how it complies with City goals. Mayor Figley stated that she would have liked to see the permit arrangement prior to taking any action. Public Works Director Brown stated that the City would need to negotiate and address the local delivery restriction permit. Councilor Pugh asked that Public Works Director Brown bring an agreement to Council that would provide assurance to the property owners and tenants that they would be able to continue use on Broadway Street. Councilor Schmidt expressed concern over how initial agreements are changed over time. Councilor Cox asked if Public Works Director Brown was unaware of opposition. Public Works Director Brown stated that he did not know of many f the concerns until latter part of last week. Mayor Figley agreed with Councilor Pugh and feels that there needs to be a provision or agreement with the property owners. Councilor Cox agreed with Mayor Figley and Councilor Schmidt in that initial agreements are often changed over time, and that once current staff is gone, verbal commitments are often forgotten. He also expressed concern that vacating a street for the City' business purposes maybe an inappropriate reason to vacate a public street unless everyone is in agreement. 1587 Mayor Figley declared the public hearing closed at 8:59 p.m. Council would like to see documentation at the time the vacation ordinance presented. 1633 COUNCIL BILL -MILL CREEK GREENWAY PHASE I PROJECT Mayor Figley stated that testimony from audience would be limited to two minutes since topic has been discussed in great lengths previously. Community Services Director Row stated that a working group of comprised of six individuals, three in favor and three against, was made to address citizen concern over the Mill Creek Greenway Phase I Project. All members of the group participated in a site visit and at the May 19, 2009 meeting five of the six members attended and discussed significant points, including crime, property values, and impact to wildlife. Not every member supported the project but they worked together to identify the following nine recommendations: Page 7 -Council Meeting Minutes, June 8, 2009 COUNCIL MEETING MINUTES JUNE 8, 2009 TAPE RF.AnTNfT 1) The trail south of the pond should be constructed at least 25 feet from property line; 2) in Hermanson Park III, Wilson Street north edge of the pond the trail should be constructed along the tree line, immediately to the east of the creek; 3) Trail surface should consist of screen gravel fines rather than woodchips in the section by Wilson Street to Deer Run Street; 4) A four to five foot buffer mowed on each side of the screened gravel fines trail; 5) The observation platform should be moved from the east side of the pond to the clearing at the north side of the pond and should face south; 6) Good signage should be included at key trail access points and should identify the Greenway Trail and important park rules; 7) The City in cooperation with the Meadow Park Homeowner's Association should install private property/no trespassing signs on the tennis and basketball courts; 8) The cherry tree adjacent to the proposed sidewalk on Marshall Street should be removed to enable the sidewalk to remain a consistent five foot width; 9) And street lighting for security should be provided at the trail heads and the City should work with adjacent property owners to confirm their desire for lighting. At the May 19th meeting, four out of the five members felt that there would be minimal impact on wildlife. The group also articulated a desire for the City to make a commitment to maintain and improve safety and maintenance in the project area, which are detailed in the staff report and involve both the Police Department and the Public Works Department. Staff is aware that not all residents will be in agreement with the work done by the committee but feel that the nine recommendations provide good design changes and are best option for the City. If Council chooses to move forward with the project and incorporate the recommendations, the bid can open this summer and work outside of the wetland areas can begin. Councilor Schmidt asked where the platform would be in respect to the creek and if the City planned to remove the reed canary grass. Community Services Director Row stated that the platform would be on the north side of the pond on east side of creek. He explained that reed canary grass is an aggressive, invasive plant and the City plans to mow the area along the trail but leave the remaining grass as it is until complete eradication can be taken during a wetlands restoration. Councilor Lonergan asked what the annual maintenance would be for the gravel fines trail. Community Services Director Row stated that the annual maintenance for the gravel fines portion of the trail would be less than for wood chips, although the plan still needs to be approved by DSL. City Administrator Derickson asked if the project included two different buffer areas. Community Services Director Row stated that there would be an un-mowed buffer along the creek and a four to five foot mowed buffer along trail. Councilor Berkey asked if the Oregon State Parks have ever had a breach of contract. Community Services Director Row further explained process in working with Oregon Page 8 -Council Meeting Minutes, June 8, 2009 COUNCIL MEETING MINUTES JUNE S, 2009 TAPE READING State Parks and what the consequences would be if the City chose to change the original proposal or back out of the grant. City Administrator Derickson stated that if the City backed out the grant it would not only have to pay back the money, but also be unable to procure future grants because credibility to administer the grants has been compromised. Councilor Schmidt presented photos of the Mill Creek Greenway area including photos of Cleveland Street's current four foot wide sidewalk; ban tail birds in 2006; graffiti on fences; graffiti in the gazebo; height of the reed canary grass; ducks in a pond in 2005; and geese in another pond area. 3981 Linda D.Mayer - 914 Meadowvale Lane, Woodburn, OR. Ms. Mayer stated that she found the original survey on the proposed trail to be vague but responded and participated on the Greenway committee. She explained that she has more concerns that have not been discussed with Council and believes the views presented by staff have been slanted. As it stands, she does not believe this portion of the trail should move forward and there are SDC's available to cover the costs spent on this portion of the project. She urged staff to consider voting against this portion of the project. An e-mail had also been forwarded to Council. Brenda Tuley -1088 Hermanson Street, Woodburn, OR. Ms. Tuley stated that she also attended the initial Greenway committee meeting but did not attend May 19t" meeting because it was implied that the project would be approved regardless of the groups' views. She stated that at the initial neighborhood meeting in April there were approximately seventy people in attendance and the majority were in opposition to the project. The three City Council meetings regarding the Greenway project have indicated the same levels of opposition. 45$8 Douglas Hannan - 978 Amity Ct, Woodburn, OR. Mr. Hannon purchased his property approximately five years ago due largely to the appeal of the open area behind his home. He explained that he is opposed to this project not only for security reasons but also due to fiscal responsibility. 4730 Christina Arevalo - 980 Wilson Street, Woodburn, OR. Ms. Arevalo agreed with Ms. Tuley and believes that a majority are against this phase of the trail project in the geenway. She also stated that the wetland mitigation that has taken place south of Wilson Street over the last four to five years has been unsuccessful and indicates poor maintenance habits. She questioned the enforcement of the twelve food asphalt pedestrian walkway and the whether there would be wetland mitigation during construction. Richard Lowry, 479 Fifth Street, Woodburn, OR. Mr. Lowery stated that he is in favor of project and disagrees with the previous speakers in that the majority of people are against the project. He feels that this is a very good project for the City of Woodburn and security concerns have been overstated. An e-mail had also been sent to City Council. Durrell Crays -167 N. Settlemier Avenue, Woodburn, OR. Mr. Craize thanked Councilor Schmidt for the photos he provided and stated that the images he presented are the exact reason why the project should move forward. The Mill Creek Greenway area is Page 9 -Council Meeting Minutes, June 8, 2009 COUNCIL MEETING MINUTES JUNE 8, 2009 TAPE u F a nrNr one of the most beautiful areas of Woodburn and the property belongs to everyone not the adjacent property owners. Mr. Craize stated that he also participated in the committee and the nine recommendations should address any concerns. Lisa Ellsworth - 798 Wilson Street, Woodburn, OR. Ms. Ellsworth stated that she is also in support of project. She explained that livability is important to her and project would provide affordable recreation. She stated that she has heard people express their fears but explained that when trails go into an area crime rates tend to drop. This project would enhance the entire Woodburn area. Richard Bjelland - 88$ Wilson Street, Woodburn, OR 97071. Mr. Bjelland stated that he is also in support of project and believes it will play a key role in developing infrastructure that is needed within the City of Woodburn. He explained that he enjoys walking on trails versus streets and would like areas to observe and participate in. He stated that the graffiti is on fenced areas in the Meadow Park development which are not included in the greenway project. He also stated that he believes this project is an important economic development opportunity and a great use of stimulus funds. If the City does not proceed with this project it will receive another grant from State Parks. 5763 Zandi Cox, 968 Hermanson Street, Woodburn, OR. Ms. Cox stated that she is not a supporter of original plan and believes there is a communication problem with the City and its residents and the project does not have the support it needs to move forward. She hopes that original plan is taken off the table but does not want the project to be cancelled altogether. She urged council to consider the project with the nine recommended changes. Chris Karsseboom - 810 E. Cleveland Street, Woodburn, OR. Mr. Karsseboom stated that the City does not have the money to spend on this project and the majority of property owners are against it. The maintenance expense will be great and no one thinks of the long term affect of the project. Kelly Jacobucci- 949 Deer Run Lane, Woodburn, OR. Ms. Jacobucci is treasurer of the Meadow Park Homeowners Association and stated that after reading the nine recommendations, she feels that it is a good move to construct the trails. Joe Jacobucci - 949 Deer Run Lane, Woodburn, OR. Mr. Jacobucci is president of the Meadow Park Neighborhood Association and is also in support of the project. He also stated that on behalf of the neighborhood association, their greatest concerns were security, traffic and trash. Mayor Figley thanked everyone who spoke and to those who attended to listen to comments. Tape 3 Mayor Figley stated that she believes the modifications made by the Greenway committee are enhancements and feels strongly that this is the first phase of a project that will enhance the City. She stated that she understands and respects the concerns of neighbors for their privacy and security, and called a neighborhood meeting because of crime concerns. Mayor Figley supports the project as amended. Councilor Pugh agrees with Community Services Director Row in that the experience Page 10 -Council Meeting Minutes, June 8, 2009 COUNCIL MEETING MINUTES JUNE 8, 2009 TAPE READING learned from this project has been good for everyone, and is proud that the City does not force projects and tries to bring as much satisfaction as possible. PUGH/ MCCALLUM... staff restructure the plan to include the nine recommended items for Council to make its decision. Councilor McCallum asked where construction of the project would stand if Council waited until the following meeting in June to make its decision. 300 Community Services Director Row stated that there no guarantees that work will get done this year and there would be no work in the wetlands area. Councilor Cox stated that if the motion passes it would be sufficient authority to begin bidding on the project. Councilor Schmidt stated that he is aware that the property is owned by City but the area presented in his photos was donated to the City by a homeowner's association. He explained that when he moved to the area sixteen years ago there was no graffiti. Graffiti did not appear until the area was opened up. He also expressed concern that the path would provide easy access to a known drug house in area and if the grass is not mowed it will provide a lot of hiding spaces. Councilor Lonergan stated that he has seen great movement with this project and the City and community coming together to provide these nine recommendations. He stated that the land was donated to the City by multiple developers with a vision that, if funds were available, the area could be developed and it would be a great asset to the City. He agreed that security is a big issue but is in favor of the project. Councilor McCallum stated that he has heard from many residents both in support and opposition and expressed his appreciation for their comments. He stated that he feels that this will be a tremendous asset to the City, and although there will be problems, the City will address them. He thanked everyone that participated. Councilor Cox stated that he hopes everyone feels that they were respected throughout the process and that they were listened to. 0852 Councilor Berkey expressed her appreciation for all of the input. The vote was 5-1 with Schmidt voting nay. 0$60 COUNCIL BILL N0.2780 -ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2008-09. Councilor McCallum introduced Council Bill No. 2780. Recorder Tennant read the two readings of 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. 2780 duly passed with the emergency clause. Page 11-Council Meeting Minutes, June 8, 2009 COUNCIL MEETING MINUTES JUNE 8, 2009 TAPE READING 0979 COUNCIL BILL N0.2781-ORDINANCE AMENDING ORDINANCE 2070, 2111.2250 AND 2438 IN ORDER TO ALLOW FOR INSTALLMENT AND DEFERRAL PAYMENT OPTIONS FOR SYSTEMS DEVELOPMENT CHARGES. Councilor McCallum introduced Council Bill No. 2781. The two readings of the bill were read by title only since there were no objections from the Council. Councilor Cox stated that he will be voting nay since he feels that this ordinance needs some additional work and would like to discuss it with the City Attorney before the next regular meeting. Following brief discussion amongst the Councilors, the vote was 4-2 with Councilors Pugh and Schmidt voting nay. Mayor Figley stated that this bill will be brought back to the Council at their next regular meeting for final action. 1216 COUNCIL BILL N0.2782 -ORDINANCE TO ESTABLISH A LOCAL IMPROVEMENT DISTRICT TO REPLACE STREET TREES AND REPAIR SIDEWALKS IN IRONWOOD SUBDIVISION. Council Bill No. 2782 was introduced by Councilor Lonergan. Councilor McCallum declared a conflict of interest since he lives in the Ironwood Subdivision and stated that he would not participate in the discussion or vote on the bill. Councilor Pugh declared potential conflict because his company has listed property in the affected area. The two readings of the bill were read by title only since there were no objections from the Council. Councilor Cox questioned if there was a need for an emergency clause in or to begin work on this project immediately. Since staff did not feel that the emergency clause was necessary, Mayor Figley called for a vote on the Council bill. 1426 On roll call vote for final passage, the bill passed 5-0 (Councilor McCallum did not take part in the discussion or in the final vote). Mayor Figley declared Council Bill No. 2782 duly passed. Mayor Figley stated that, following the public hearing, staff was asked to work with adjacent property /business owners before the Council would bring this bill up for consideration. BETWEEN "A" STREET AND "B" STREET. COUNCIL BILL N0.2783 -ORDINANCE TO VACATE BROADWAY STREET 1453 COUNCIL BILL N0.2784 -RESOLUTION AUTHORIZING SIGNERS ON THE CITY'S U.S. BANK ACCOUNTS. Councilor McCallum introduced Council Bill No. 2784. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote final Page 12 -Council Meeting Minutes, June 8, 2009 COUNCIL MEETING MINUTES JUNE 8, 2009 TAPE READING passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2784 duly passed. 1 S2S COUNCIL BILL N0. Z785 -RESOLUTION AUTHORIZING THE INSTALLATION OF STOP SIGNS ON FAIRWOOD CRESCENT, JUNE WAY,. AND JUNE CIRCLE. Council Bill No. 2785 was introduced by Councilor McCallum. 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. 2785 duly passed. 1600 OLCC APPLICATION FOR NEW OUTLET FULL OFF-PREMISES SALES AND LIMITED ON-PREMISE SALES: Sip Wine & Bistro,1001 Arney Rd, Suite 812. LONERGAN/COX ...Recommend that OLCC approve a New Outlet application for Sip Wine & Bistro. Councilor McCallum questioned if this location was previously licensed by OLCC and if there were rules in place for outdoor serving of alcohol in a fenced area. All aye. 1745 CITY ADMINISTRATOR'SREPORT. City Administrator Derickson stated that he received a memo from Mary Tenant regarding Judge Zyryanoff requesting to appoint apro-tem judge. Councilor Cox stated that he would like more information on the pro-tem judge. Council has 30 days to disapprove Judge Zyryanoff's appointment. City Administrator Derickson also stated that the congressional six-year reauthorization bill will move to the floor of the United States Congress at any time and the Senate Committee, the legislation that has the $1 S million allocation for the City's interchange project, is still forming. City Administrator Derickson believes it will be beneficial for the Mayor and himself to attend to secure efforts in Washington DC and would like Council's support. The Councilors expressed their support for Mayor Figley and City Administrator Derickson to visit Washington DC and represent the City. 2110 MAYOR AND COUNCIL REPORTS. Councilor Schmidt stated that he and several others had been contacted regarding the number of taxi services operating in the city. City Administrator Derickson stated that he and City Attorney Shields have had discussions and will return to Council with recommendations that provide a framework to ensure that the taxi services are not a detriment to the community but a provide a valuable service. Page 13 -Council Meeting Minutes, June $, 2009 COUNCIL MEETING MINUTES JUNE 8, 2009 TAPE RFanrNr~, 2266 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660(2)(4). PUGHIMCCALLUM....a4journ to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 10:40 pm and reconvened at 11:06 pm. Mayor Figley stated that no action was taken by the Council while in executive session, however, they would be introducing a Council Bill for Council consideration. 2380 COUNCIL BILL N0.2786 -RESOLUTION AUTHORIZING EXECUTION OF COLLECTIVE BARGAINING AGREEMENT WITH AMERICAN FEDERATION OF STATE COUNTY, AND MUNICIPAL EMPLOYEES ~AFSCME) LOCAL b42 EFFECTIVE JULY 1, 2009 THROUGH JUNE 30, 2012. Council Bill No. 2786 was introduced by Councilor McCallum. 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. 2786 duly passed. 2477 ADJOURNMENT. PUGH/MCCALLUM ..,. Meeting be adjourned. The motion passed unanimously. The meeting adjourned at 11:08 p.m.. APP ..--- ATTEST Mary e t, Recorder City of Woodburn, Oregon Page 14 -Council Meeting Minutes, June 8, 2009