Minutes - 08/10/2009COUNCIL MEETING MINUTES
August 10, 2009
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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.
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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
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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
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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.
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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.
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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
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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.
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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
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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