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Minutes - 08/10/2009COUNCIL MEETING MINUTES August 10, 2009 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 10, 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 Absent Councilor McCallum Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, Assistant City Administrator Stevens, City Attorney Shields, Public Works Director Brown, Community Development Director Hendryx, Police Captain Alexander, Community Services Director Row, HR Assistant Sprauer, City Recorder Tennant. 0085 ANNOUNCEMENTS. A) Music in the Park Concerts to beheld during the month of August in Library Park beginning at 7:00 p.m. Ty Curtis Band is to perform on August 11 `", The Small Town Bluegrass Band is to perform on August 18t", and The Lab Band is to perform on August 25t". B) City Council Workshop with the Planning Commission will be held on Monday, August 31, 2009 at 6:00 p.m. in the City Hall Council Chambers. The 2°d Revised Downtown Development Plan will be presented by the Consultants for review by the Council, Commissioners, and interested members of the public. C) Natural Hazards Mitigation Plan: The draft plan will be completed and available for comments on August 24, 2009. 0170 PROCLAMATION: BADMAN'S GIANT PUMPKIN WEIGH OFF. Mayor Figley read the proclamation declaring October 3ra and 4t", 2009 as Bauman's Giant Pumpkin Weigh Off and Autumn Harvest Festival as an official Woodburn event and encouraged public participation and support of this event promoting Woodburn throughout the country. Mayor Figley stated that she would be participating in the event by entering a pumpkin into the event and encouraged all others to become involved. Councilor Pugh expressed admiration for the Bauman Family and encouraged everyone to visit Bauman Farms and become involved in their events. Page 1-Council Meeting Minutes, August 10, 2009 COUNCIL MEETING MINUTES August 10, 2009 TAPE READING 0325 CHAMBER OF COMMERCE REPORT. Don Judson, Executive Director, stated that the Chamber has made some changes to their hours of operations. The Chamber is now closed on Mondays and their new office hours are from 9:30 a.m. to 3:00 p.m. Tuesday through Friday. The Chamber Board made a decision to reduce hours and limit paid staff to twenty hours per week. In the meanwhile, the Chamber will continue to focus on promoting the idea that investment is worth their members' time and will grow their business, provide access to education, and help with economic development. They hope that by making reductions now, they will be in better control of their expenses and in a better situation later down the line. On August 11, 2009 Mr. Judson will be a guest at the Downtown Historic Neighborhood Association Meeting. He encouraged the business community to attend and work jointly with the Historic Neighborhood Association to develop a cohesive plan. August 12, 2009 at 12:00 p.m., the Chamber will be hosting a brown bag lunch with a presentation on the Public Works Department's Wastewater Treatment Plant Plan. September 9, 2009 the Chamber will have their first forum lunch which will cover demographic marketing. The next ten sessions will be held at Wellspring and there is a $15.00 lunch fee for Chamber members. Season tickets are also available. September 1 1, 2009 the Chamber will have their first Greeter's at the Woodburn National Guard Armory to honor military First Responders. November 12, 2009 the Chamber will host its Crystal Apple Awards. Public Works Director Brown stated that the August 12th brown bag lunch will be held at the Wastewater Treatment Plant on Molalla Road, rather than at City Hall. 0695 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, School Superintendent, stated that school will be starting the week before Labor Day this year in order to complete the school year by mid June. Mr. Blomberg reminded Council that the School District's drop out rate has steadily declined over the last several years, and has even fallen below the state average which he attributed to the small schools. The graduation rate, however, is one of the lowest statewide. Mr. Blomberg does not believe the graduation rate accurately characterizes the schools. He provided a comparison sheet on schools in the surrounding areas and gave an overview on how the small schools ranked. He explained that the formula to calculate the graduation rate is based on the expectation that every student complete high school within four years, even though the law allows special needs students to extend until age twenty- one. The school district also has a large number of English language learners who are often provided an additional year of high school, through afifth-year program with Chemeketa Community College, to obtain higher level academic skills. Mr. Blomberg explained that if those students that graduate beyond four years are taken into account, many of the Woodburn schools would actually have a higher percentage rate than those on the comparison sheet. The formula the federal government uses to determine the Page 2 -Council Meeting Minutes, August 10, 2009 COUNCIL MEETING MINUTES August 10, 2009 TAPE READING graduation rate does not give credit for the students that graduate beyond four years and is not an accurate depiction of success. Mr. Blomberg explained that Success, Woodburn's alternative high school, also ranks higher in enrollment than any other alternative school nearby, even though many of its students do not graduate within four years. He feels that the federal formula is flawed. Councilor Pugh stated that GED's are also excluded from the formula even though many students who receive them go onto earn their degree. Mr. Blomberg stated that for some students GED's are the best or only alternative to access higher education and believes it is another flaw in the formula that is denigrating to the students and the community. Councilor McCallum questioned if there is anything that can be done to make a change in the formula, even though it has been adopted by the State. Mr. Blomberg stated that the State may adjust the formula to account for special groups that can, bylaw, access education beyond afour-year plan, which include both English language learners and students with disabilities. He stated that at this point in time, due to federal funding opportunities, the State is reluctant to make any changes that will give the perception that they are lowering expectations. Councilor McCallum congratulated the school district and asked if they had a tracking system to monitor specific groups of students. Mr. Blomberg explained that the school district tracks cohort groups and believes it is important because it allows them to measure the impact of programs. Mr. Blomberg stated that Adequate Yearly Progress Report (AYP) is out and two elementary schools, one middle school, and possibly two high schools reached adequate yearly progress. Others have missed the mark by only one or two subgroups, although they continue to make progress. Mayor Figley stated that Woodburn Schools provide both a quality academic experience and a quality life experience. 1840 CONSENT AGENDA. A) Approve the Council minutes of July 27, 2009; and B) Accept the Crime Statistics report for June 2009. MCCALLUM/PUGH...adoptthe Consent agenda as presented. The motion passed unanimously. 1895 COUNCIL BILL N0.2799 -RESOLUTION DIRECTING THAT TWO "NO I~~~~~ PARKING" SIGNS BE INSTALLED ON MARION STREET BETWEEN BRYAN ~, STREET AND FILBERT STREET. Council Bill No. 2799 was introduced by Councilor McCallum. Recorder Tennant read the bill by title only since there were no objections from the Council. Richard Jennings, Filbert Street, thanked Public Works Director Brown for getting this Page 3 -Council Meeting Minutes, August 10, 2009 COUNCIL MEETING MINUTES August 10, 2009 TAPE READING item on the agenda since there is a need to make the roadway accessible for cars to travel both directions. He stated that this particular block is very long and questioned whether or not it would require more than two "no parking" signs. There is one house with one driveway facing Marion Street to the north. Public Works Director Brown stated the City is trying to minimize the expenditure on signage. Public Works will assess the effectiveness of the two signs and make adjustments as needed. Councilor Cox stated that he visited the area and feels that it is the right thing to do to allow for safe travel and questioned what has been done to let the residents know of what is being proposed. Public Works Director Brown stated that when this type of issue is presented, staff must evaluate the area to determine the best decision with the least impact on the residents. Parking must be designated on one side of narrow, local streets. Signs are placed based on sight distance or the number of driveways. The process is complaint driven and the City tries to optimize the final solution. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2799 duly passed. 2412 COUNCIL BILL N0.2800 -RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2009-2010. Councilor McCallum introduced Council Bill No. 2800. 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. 2800 duly passed. 2475 ACCEPTANCE OF PROPOSAL FOR MUNICIPAL VEHICLE LEASE. City Administrator Derickson stated that he and Police Chief Russell had met with Councilor Pugh earlier in the day to discuss the police vehicle lease. The State bid requirements under the law are fairly prohibitive in terms of where the City can purchase leased vehicles. Although the City solicited local dealerships for bids, they must also go through the designated State bid dealership, which is located in Canby. Councilor Pugh stated that he also contacted Representative Komp to address the issue at the State legislature in the future. Councilor Cox stated that the concerns expressed at the prior meeting have been addressed in the staff report and he has no problem with the proposal. PUGH/MCCALLUM...acceptthe proposal of Enterprise Fleet Management in the amount of $84,000 to provide municipal vehicle lease services for the Woodburn Police Department. The motion passed unanimously. Page 4 -Council Meeting Minutes, August 10, 2009 COUNCIL MEETING MINUTES August 10, 2009 TAPE READING 2b73 LIQUOR LICENSE CHANGE OF OWNERSHIP FOR OFF-PREMISE SALES: Arco AM/PM #3527, 2720 Newberg Highway. A change of ownership license was submitted by Convenience Management Services Inc., for an off premises sales liquor license. COXIPUGH ...recommend to OLCC approval of a change in ownership application for Arco AM/PM #3527. Councilor McCallum stated that he intends to vote for the change in ownership but does not agree that gasoline stations should be able to sell alcohol. The motion passed unanimously. 2765 LIQUOR LICENSE CHANGE OF OWNERSHIP FOR OFF-PREMISE SALES: _A & J Market, l34 Harrison Street. A change of ownership license was submitted by Thapa Corportion for an off premises sales liquor license. COX/MCCALLUM... recommend to OLCC approval of a change of ownership application for the A & J Market. Councilor McCallum stated that he appreciates the business owner and landlord for appearing at the last meeting and explaining the situation, and he wished them good luck. Mayor Figley expressed her appreciation to both the landlord and the business owner. The motion passed unanimously. 2879 CENTENNIAL PARK GRANT AGREEMENT. Mayor Figley stated that she is glad to see that the City will have sufficient funds to complete Centennial Park after all of these years. COX/MCCALLUM...authorize the City Administrator to enter into a Local Government Grant Agreement with the Oregon Parks and Recreation Department for the $500,000 grant awarded to the City for the Centennial Park Project. Councilor McCallum stated that he is also appreciative of staff for obtaining funds to complete the project. City Administrator Derickson thanked Community Services Director Row for attending a Sunriver event to advocate and secure funding for this project. Almost sixty projects were submitted for funding and only fifteen were selected, with Woodburn receiving the largest award granted. Councilor Schmidt asked if the project would have an impact on next year's little league season or if they would be able to work around it. Community Services Director Row explained that Community Services is already in communication with the Youth Baseball Association and making plans for the following season. There will be some impact but the City will work with the contractor to try to minimize the impact and/or provide alternative field sites at the schools. The motion passed unanimously. Page 5 -Council Meeting Minutes, August l0, 2009 COUNCIL MEETING MINUTES August 10, 2009 TAPE READING 3154 CANCELLATION OF AUGUST 24, 2009 COUNCIL MEETING. Mayor Figley stated that the cancellation of the August 24th meeting would be due to the lack of business and the tendency for people to be out of town for Labor Day. City Administrator Derickson stated that he feels that business can wait until the first regular meeting in September. MCCALLUM/COX...cancel the August 24, 2009 regular meeting. The motion passed unanimously. 3245 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTION: A) Planning Commission approval of Design Review 2009-01, Conditional Use 2009-01, and Exception to Street Right-of Way and Improvement Requirements 2009-03: Property located at 1630 Park Avenue, tax lot OS1W08CA03100. Oregon Military Department submitted applications for the addition of 2,800 square feet of classroom space and remodeling 6,500 square feet of the existing structure. In lieu of requiring an improvement to Alexandra Avenue at this time, the Planning Commission imposed as a condition of approval that the Military Department will pay an amount to the City for half street improvements. The Military Department will also sign anon- remonstrance document for participation in future street improvements to Park Avenue. 3293 CITY ADMINISTRATOR'SBEPORT. A) National Night Out was a success. The City had nineteen community groups register with the police department and either a member of the police department or a city representatives made attendance at each meeting. The number one concern expressed to the City was traffic enforcement and speeding. 3340 MAYOR AND COUNCIL REPORTS. Councilor McCallum thanked staff for the completeness of staff reports that aid the Council in making decisions. Councilor Schmidt questioned if the City could allow a community garden on Park Avenue, as it does not need the property for other purposes. Councilor McCallum stated that the location had been discontinued due to monitoring and commercial ventures and atone time, the property had been put up for sale. Councilor Berkey asked about status of a family adopt-a-park program. Public Works Director Brown stated that the adopt-a-park program is actively ongoing and there have been four to five applications received to participate in the program. Community Services Director Row stated that Community Services has been working in partnership with Public Works since Public Works is responsible for the maintenance of parks. Public Works staff have attended park board meetings to present a draft adopt-a- parkprogram, they have an application in place, and they are currently taking in Page 6 -Council Meeting Minutes, August 10, 2009 COUNCIL MEETING MINUTES August 10, 2009 TAPE RFAl11N(: applications from various groups. They are working towards getting a program in place and are beginning the implementation. Councilor Berkey asked who they were notifying to become involved. Community Services Director Row explained that involvement includes organizations, churches, and individuals. As of now, they have not taken an active role to recruitment. Public Works Director Brown stated that the draft plan is not restricted to parks but can be publicly owned grounds such as the Library or Aquatic Center. They would like to tailor the location to the capabilities of those volunteering. Mayor Figley stated that while she and City Administrator Derickson were in Washington DC, they were lobbying for reauthorization of safety lieu, a federal transportation package geared towards correcting safety hazards on the freeway system. Both the Oregon Transportation Commission and the Oregon Department of Transportation (ODOT) feel this project is appropriate to include in the federal project if congress chooses to reauthorize it. Since her February trip to Washington DC, the Oregon legislature included $43 million in the state transportation package for this project and Representative DeFazio's transportation committee has taken action on safety lieu reauthorization and included $15 million for the project in their recommendation. She and City Administrator Derickson returned to Washington DC because of different estimates from the congressional staff about how fast action might take place. At this point, action would take place on the Senate side and it would be important to be on the radar before the summer recess and in case any progress took place. While there, they provided packages on the City to all of the senators on any one of the three committees that will hear parts of this proposal, had meetings with both Senator Wyden's and Senator Merkley's transportation teams, and had a productive meeting with Congressman Schrader. ODOT is now asking for $22 million out of safety lieu when funding is authorized. Reauthorization isexpected to be up for discussion next year, depending on the economy. Mayor Figley also stated that they recently became aware of a stimulus funding package for projects that are not necessarily shovel-ready and the Oregon Transportation Commission will recommend that this project be included. Mayor Figley also stated that she enjoyed National Night Out, Walt's Run, and the Fiesta parade. 4365 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660(2}(i}. City Attorney Shields stated that he waive his right to an open session and declared a conflict of interest and cannot represent City in the Executive Session. PUGH/MCCALLUM... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. Page 7 -Council Meeting Minutes, August 10, 2009 COUNCIL MEETING MINUTES August 10, 2009 TAPE READING The Council adjourned into executive session at 8:07 p.m. and reconvened at 9:31 p.m.. Mayor Figley stated that no action was taken by the Council while in executive session. ADJOURNMENT. SCHMIDT/MCCALLUM...meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:41 p.m.. APPRO ATTEST Mary Te ant, Recorder City of Woodburn, Oregon Page 8 -Council Meeting Minutes, August 10, 2009 Executive Session COUNCIL MEETING MINUTES August 10, 2009 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, August 10, 2009. CONVENED. The Council met in executive session at 8:30 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Councilor Berkey Present Councilor Cox Present Councilor Lonergan Absent Councilor McCallum Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Attorney Shields (9:08 p.m.), HR Assistant Sprauer 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 to review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing pursuant to ORS 192.660 (2)(i). ADJOURNMENT. The executive session adjourned at 9:39 p.m.. APPRC ATTEST Mary nnant, Recorder City of Woodburn, Oregon Pagel -Executive Session, Council Meeting Minutes, August 10, 2009