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Minutes - 04/23/2001 COUNCIL MEETING MINUTES APRIL 23, 2001 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 23, 2001. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0020 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley Kilmurray Nichols Sifuentez Present Present Present Absent Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Null, Finance Director Gillespie, Public Works Manager Rohman, Park & Recreation Director Westrick, City Recorder Tennant 0038 Mayor Jennings stated that Councilor Figley's surgery went well and she anticipates returning to Council meetings in May. 0084 ANNOUNCEMENTS. A) Woodburn Budget Committee Workshop: The committee will hold a workshop on Monday, April 30th, 7:00 p.m., in the City Hall Council Chambers. B) Special Council Meeting: The Council will meet in a special session on Monday, May 7th, 7:00 p.m., in the City Hall Council Chambers. C) Public Hearing: At the Special Council meeting on May 7th, the Council will hold a public hearing on W oodbum Company Stores Phases II and ill which is a remand hearing from the Land Use Board of Appeals (LUBA). D) Public Hearing: The City Council will hold a public hearing on Monday, May 14th, 7:00 p.m., City Hall Council Chambers, on Annexation #01-00 (Friendly GMC). E) City Council Workshop: A workshop will be held on Tuesday, May 1 st, 7:00 p.m., City Hall Council Chambers, on the Economic Opportunities Analysis study. F) Community Center Planning Committee: Mayor Jennings stated that he would like to make the appointments to the Committee at the first regular meeting in May. To date, he has received 8 applications and he urged citizens interested in serving on this committee to contact the Administrator's office. G) Spa Day at the Woodburn Aquatic Center: On May 6th, this event will be held at the Center from 1:00 pm to 4:00 pm.. Director Westrick stated that the event is geared Page 1 - Council Meeting Minutes, April 23, 2001 COUNCIL MEETING MINUTES APRIL 23, 2001 TAPE READING towards women and there will be massages, manicures, and pedicures. Tickets are available at the Aquatic Center for $15.00. He stated that this event is held the weekend before Mother's Day so that families can be together on Mother's Day. 0192 PRESENTATIONS: FIRE AND CRIME PREVENTION TRAILER _ Jennifer Kilmurrav . Woodburn Fire District. Mayor Jennings stated that the community owes a debt of gratitude to Jennifer Kilmurray who was instrumental in securing funding for a fire and crime prevention trailer that will a provide an educational tool for the community. Jennifer Kilmurray stated that the district had recognized the need for a fire and safety trailer which provides children with hands-on education to learn fire safety in a realistic house environment. In the past, the district has borrowed a fire and safety trailer from the Oregon State Fire Marshal's office, however, the availability of the trailer is limited since any district can borrow the trailer. Therefore, funds were solicited from various organizations in order to have a trailer custom-made to deliver the programs that have been identified as part of the fire and safety prevention program. She stated that the trailer contains a bench-like seating for a classroom setting, a kitchen for the purpose of teaching kitchen fire safety, bedroom for the purpose of giving children an opportunity to practice getting out of bed and crawling low under smoke, and an opportunity to practice crawling out of a window and down a ladder. This trailer has been designed to provide multi-programs for different age groups including adults, and work with the Police Department, Sheriff's Office, and Ambulance to teach saftety/crime preventation programs at the schools, in neighborhoods and apartment complexes, and local safety fairs. Following research on the trailer design, costs, and manufacturers, they found that there were only 2 or 3 manufacturers that made the trailers on the east coast at an approximate cost, including delivery, of $48,000. In lieu of purchasing one of these units, the Fire Department contacted Skyline Industries, located in McMinnville, and a 33' 5th -wheel trailer was designed to meet the department's needs at a cost of $21,000. The total cost of the unit, with the necessary fire and crime prevention equipment, was $29,450. Funding for this unit was provided by McDonald's House charities ($20,000 grant), Woodburn Together ($1,000), Silverton Hospital Foundation ($1,000), Woodburn Fire District ($2,500), Hubbard Fire Department ($1,000), Legacy Health Systems ($1,000), Woodburn Police Department ($1,000), Kiwanis ($500), HOPS ($250), and the Woodburn Volunteers organization ($1 ,200). Yet to be completed on this project is the placement of fire, safety, and emergency service graphics on the outside of the trailer. Agency agreements will be entered into between the Fire Department and other police and fire agencies who will be using the trailer. It is anticipated that use of the trailer for safety programs will begin this summer and it will be used during the next school year to teach students. She thanked all of the donors for their support of this program. Page 2 - Council Meeting Minutes, April 23, 2001 COUNCIL MEETING MINUTES APRIL 23, 2001 TAPE READING 1008 PROCLAMATION: NATIONAL PET WEEK - MAY 6-12. 2001. Mayor Jennings read a proclamation declaring May 6-12, 2001 as National Pet Week and urged local citizens to take advantage of events planned during this week in conjunction with this observance. 1061 PROCLAMATION: DIA del NINOIDAY OF THE CHILD - APRIL 30. 2001. Mayor Jennings proclaimed April 30, 2001 as Dia del Nino I Day of the Child in Woodburn and urged the citizens to join with all of the children, families, agencies, organizations, schools, and churches to observe the day with appropriate ceremonies. 1186 PROCLAMATION: CINCO DE MAYO CELEBRATION - MAY 5.2001. Mayor Jennings proclaimed May 5,2001, as Cinco De Mayo Celebration Day in Woodburn and encouraged citizens to join in the observance of this day, and to take an opportunity to celebrate the cultural and linguistic diversity that the Hispanic heritage brings to Oregon and the United States. 1283 COMMUNICATIONS: LETTER FROM A.A.R.PJIRS TAX AIDE VOLUNTEERS. Mayor Jennings read a letter from Verla Rogers Harvey, Volunteer Local Coordinator for the Tax Aide Program, expressing her appreciation to the City for the assistance given towards their program by allowing them to use the Community Center as a site location to assist over 300 taxpayers with their 2000 federal and state tax returns. Additionally, they were able to file returns electronically which reduced the time in which taxpayers received refunds to within 3 weeks rather than up to 3 months. This tax aide program serves seniors as well as low to middle income taxpayers regardless of age. Councilor Chadwick stated that all donations made by recipients of the program were donated to the AWARE Food Bank. 1417 Jose Romero, Woodburn School District Parent Involvement Specialist, and Mrs. Lourdes Falcon, PAC Chairperson, stated that they will be conducting their 6th annual Dia del Ninol Day of the Child celebration on April 28th at French Prairie Middle School between 2:00 pm and 6:00 pm. They invited all families to join in the activities focused on honoring the children. 1550 CONSENT AGENDA. A) Council workshop minutes of March 5, 2001; Council regular meeting minutes of March 12 and April 9, 2001; and Council special and executive session minutes of April 12, 2001. B) Park Board minutes (draft) of March 13, 2001. Page 3 - Council Meeting Minutes, April 23, 2001 COUNCIL MEETING MINUTES APRIL 23, 2001 TAPE READING C) Library Board minutes of February 14 and March 14, 2001; draft minutes of April 11, 2001. D) Planning Commission minutes of March 8, 2001. E) Police Department Activity report for February 2001. F) Building Activity report for March 2001. G) Planning Tracking Sheet dated April 18, 2001. H) Library Statistics Report for February 2001. I) Woodburn Library Activity calendar for May 2001 J) Claims for the month of March 2001. KlLMURRA YINICHOLS... approve the consent agenda items A through J as presented. The motion passed unanimously. 1598 COUNCIL BILL 2300 - RESOLUTION CALLING FOR PUBLIC HEARING ON THE ANNEXATION OF PROPERTY LOCATED ON THE EAST SIDE OF HIGHWAY 99E BETWEEN LINCOLN STREET AND AZTEC DRIVE. Councilor Chadwick introduced Council Bill 2300. 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 Jennings declared the bill duly passed. The hearing on Annexation Case #0 1-00 (applicant: Friendly GMC) will be held on May 14, 2001. 1668 COUNCIL BILL 2303 RESOLUTION ADOPTING A SCIENTIFIC EXPLORATION POLICY TO APPLY WITHIN PARKS AND OTHER CITY PROPERTY: AND TO ESTABLISH A PERMIT PROCESS. Council Bill 2303 was introduced by Councilor Chadwick. 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 Jennings declared Council Bill 2303 duly passed. 1734 COUNCIL BILL 2304 - ORDINANCE REGULATING MOTOR VEHICLE. BICYCLE. AND PEDESTRIAN TRAFFIC WITHIN THE CITY: AND REPEALING ORDINANCES 1904. 2078. AND 2191. Council Bill 2304 was introduced by Councilor Chadwick. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Nichols questioned if this ordinance would change the current 72-hour parking restriction that applies to motor homes, campers, and boats. He stated that the complaints expressed by residents in his area are those cases in which the owners park the vehicles on the street for 72-hours, move the vehicles, then park the vehicles at the same location for another 72-hours. Police Chief Null stated that the Livability Task Force discussed this issue as it relates to all vehicles since there are a number of 3-day weekends observed and it is not uncommon for people to drive their vehicle to work, park their vehicle in front of their Page 4 - Council Meeting Minutes, April 23, 2001 COUNCIL MEETING MINUTES APRIL 23, 2001 TAPE READING residence, and not drive the car again until they go back to work. The Task Force felt that a 72-hour restriction was reasonable and it would apply to all motor vehicles. The reason for restriction is to keep the public street from being a storage area for vehicles not being used. Mayor Jennings stated that he was concerned with seeing the number of vehicles being parked across the sidewalk and, after discussing this issue with staff, he stated that parking across the sidewalk is a violation of state law which is why it is not covered under this ordinance. Councilor Nichols stated that there have also been complaints made by residents in his area regarding newspaper delivery persons riding on the tailgate of a pick-up and he questioned what needs to be done to stop this type of activity. Chief Null stated that riding on the tailgate is a traffic violation and, if a citizen can identify the vehicle, driver, and passenger, the department can issue a citation based on a citizen's complaint. Otherwise, he suggested that the department be notified when the delivery persons are in the area and an officer will respond to the location as soon as possible and hopefully stop the vehicle when the violation is taking place. On roll call vote, the bill passed unanimously. Mayor Jennings declared Council Bill 2304 duly passed with the emergency clause. 2355 COUNCIL BILL 2305 - RESOLUTION AUTHORIZING EXECUTION OF A POLICE MUTUAL AID AGREEMENT AMONGST VARIOUS MUNICIPAL. COUNTY. AND STATE LAW ENFORCEMENT AGENCIES. Council Bill 2305 was introduced by Councilor Chadwick. 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 Jennings declared Council Bill 2305 duly passed. 2410 BID #21-10: MANHOLE REHABILITATION. Bids for the rehabilitation of 17 sanitary sewer manholes in the downtown area were received from the following contractors: Gelco Services, Inc., $29,575.00; PEC Inc., $34,950.00; and TSR Corp, $36,658.00. Staff recommended the acceptance of the bid from the lowest responsible bidder. BJELLAND/SIFUENTEZ... award the contract for manhole rehabilitation to the lowest responsible bidder, Gelco Services, Inc., in the amount of $29,575.00. The motion passed unanimously. 2441 IMPROVEMENT OF HIGHWAY 99E RAILROAD CROSSING. Staff recommended the City enter into a cost sharing arrangement with Willamette Valley Railroad to improve the Highway 99E crossing by replacing rails and ties, and by adding a concrete crossing. Page 5 - Council Meeting Minutes, April 23, 2001 COUNCIL MEETING MINUTES APRIL 23, 2001 TAPE READING KILMURRA Y/NICHOLS... authorize cost sharing not to exceed $5,000 for the improvement of the Highway 99E railroad crossing. The motion passed unanimously. 2483 RIGHT-OF-WAY DEDICATION: PARR ROAD/SETTLEMIER AVENUE IMPROVEMENT. Staff recommended the acceptance of a right-of-way dedication from Mrs. Tatiana Strebel for an additional 11 feet of right-of-way that was used for the placement of the bikelane and sidewalk in conjuction with the Parr RoadlSettlemier A venue improvement project. BJELLAND/SIFUENTEZ... accept the right-of-way as described in "Attachment B" (Warranty Deed) of the agenda packet. The motion passed unanimously. 2535 REOUEST FOR SOUND AMPLIFICATION PERMIT AND CLOSURE OF W ARZYNSKI PLAZA - MOTHER'S DAY CELEBRATION. A request was submitted by Salvador Larios, Salvador's Bakery ill, to receive a sound amplification permit on Sunday, May 13,2001, 12:00 pm to 8:00 pm, in order to allow for a live band performance as part of a Mother's Day Celebration at Warzynski Plaza. Staff recommended that the sound amplification permit and closure of Warzynski Plaza be approved provided that Mr. Larios takes the actions outlined in his letter of request dated March 26, 2001 in order to mitigate problems that have occurred in the past. Chief Null also stated that the Council give the Police Department authority to close off Hayes Street from Front to First St., and First St. from Hayes St. to Garfield St. to accommodate a large crowd if it is necessary. KILMURRA Y /NICHOLS... approve closure ofWarzynski Plaza to include street closures from Hayes St. from Front to First St. and First Street from Hayes St. to Garfield St. if the street closure is needed, and to approve the sound amplification permit for public use during a Mother's Day Celebration on Sunday, May 13,2001, from 12:00 pm to 8:00 pm. Mayor Jennings stated that he had requested the City Administrator to write a letter to the Elk's Lodge and other businesses in the affected area to make them aware of the action being taken by the Council. The motion passed unanimously. 2736 BID #21-09: NAZARENE PARK ADDITION RESURFACING IMPROVMENTS. Bids were received from the following contractors for resurfacing various streets in the Nazarene Park Addition (Myrtle St., Sycamore St., Palm Ave., Olive Ave., Cedar Ave., Acacia Ave., and a portion of Willow Ave.): Salem Road & Driveway, $189,155.55; Morse Bros. $193,235.20; D & D Paving, $197,655.30; North Santiam Paving, $201,629.85; and Roy L. Houck Construction, $219,871.90. Staff recommended the acceptance of the low bid which was 13% below the engineer's estimate. Page 6 - Council Meeting Minutes, April 23, 2001 COUNCIL MEETING MINUTES APRIL 23, 2001 TAPE READING NICHOLSIKILMURRY... award the construction contract to the lowest responsible bidder, Salem Road & Driveway, for the Nazarene Park Addition resurfacing improvements in the amount of $189,155.55. The motion passed unanimously. 2804 PUBLIC HEARING: CITY INITIATED ANNEXATIONS. Mayor Jennings questioned if this hearing was quasi -judicial and land use proceedings would be applicable. City Attorney Shields stated that this is a legislative hearing under state law and input from the public is part of the annexation hearing process. Mayor Jennings declared the public hearing open at 7:46 pm. Administrator Brown stated that this hearing is being held as a result of Council's desire to annex all of the various islands that are currently included within, and surrounded on all four sides, of the City boundaries. The concerns expressed by the Council with having these parcels outside of the City included 1) planning and delivery of city services, 2) property owner use of city streets, parks and library without having to contribute to the upkeep of these services through property taxes, 3) issues of improving the N. Boones Ferry Rd. As it relates to the City's ability to include these properties as part of the local improvement district in order to assess costs to all benefitted properties within the project, and 4) ability to have jurisdiction over properties located along Hwy. 99E that would be part of the Urban Renewal District boundaries once the Urban Renewal District is finalized. Staff was directed to move forward with a City initiated annexation process which is allowed under state law. Under this law, the Council only needs to pass an ordinance to annex the properties and no public meeting or hearing is necessary, however, the staff did notify all of the affected properties to invite them to this meeting for public comment. He also stated that staff has notified the Oregon Department of Revenue of the City's intention to annex these properties for the purpose of comment and/or reviewing legal descriptions, however, since the City has not yet heard back from the Dept. of Revenue, staff is recommending that comments be taken at this meeting but the hearing be continued until the next regular meeting so that the legal descriptions can be approved the by Dept. of Revenue. He briefly reviewed the documents in the agenda packet which included maps of the properties to be annexed, and a brief financial analysis that indicates that the property tax rate for these parcels would be expected to increase by approximately $6.0534 per $1,000 assessed valuation and, based on the value of land involved, there would be approximately $21,000 a year in property taxes generated while expenses for services to the City are $16,000. Also included in the report are comments provided by the Public Works department regarding water and sewer services to these properties. 3348 Councilor Bjelland questioned if the County tax rate is replaced by the City tax rate. Finance Director Gillespie stated that county taxes would still be collected since they are used for other sources such as courts, law enforcement, health department and general administration. Page 7 - Council Meeting Minutes, April 23, 2001 COUNCIL MEETING MINUTES APRIL 23, 2001 TAPE READING Administrator Brown also stated that property owners at 2348 Boones Ferry Rd. and 2374 Boones Ferry Rd. did submit letters in opposition to the City Recorder which will be read into the record during the hearings process in which the Mayor takes testimony from the public in opposition to the proposed annexation of lands. 3603 Roy Smith, 2580 N. Boones Ferry Rd., stated that he was not in favor of the annexation even though the City is allowed to annex their land without their consent. He questioned the Council as to what costs are involved regarding water and sewer since he currently has a working septic system and a private well and does not want to incur additional bills for services that he is not receiving. Public Works Director Tiwari stated that, under federal and state laws, the City is required to provide water and sewer services to property owners adjacent to the City even if they are not part of the City since water pollution is a primary concern. The Dept. of Environmental Quality (DEQ) does require the City to respond to health hazards. He stated that if a parcel of land is located within 300 feet of sewer service and the septic system on that parcel does fail, DEQ will not allow the property owner to replace the septic system. Under the City's current ordinance, which has been approved by DEQ, properties located within 100 feet of a service main line where the property owner can connect to the sewer line, the property owner must either connect to the sewer line and begin receiving sewer service within 1 year of the annexation, or, the City will start to bill the property owner at the regular rate. The property owner is required to pay the connection fee for collection and treatment system development. In regards to water service, property owners are encouraged to abandon their well if they can connect to city water service for the purpose of insuring water quality within the City's water system. If a well continues to be used by the property owner, they are required to have a backflow prevention device installed so that bacteria, if any, will not flow into the City's water system. Property owners are not forced to connect to the City's water system if they have their own water well. He also stated that the City is willing to work with all of the property owners interested in connecting to the City's system and that a payment plan can be developed with the individual owners so that the fees can be paid over a period of time. Cindy Smith, 2580 N. Boones Ferry Rd., stated that their home was built in 1958 and the reason for their purchasing this parcel of property is because is was close to town and that it had well water rather than city water. She objected to be forced into accepting an annexation that she does not feel would be of benefit to them. Mayor Jennings stated that the City has been remiss in not annexing these properties previously since state law does require the City to take this action. Director Tiwari reminded the public that the ordinance is in place to protect the underground water from being polluted. Under the ordinance approved by DEQ, the property owners are given 1 year in which to make a connection to the sewer system without being charged a monthly fee. If the property owner elects to continue to use their own septic system after that Page 8 - Council Meeting Minutes, April 23, 2001 COUNCIL MEETING MINUTES APRIL 23, 2001 TAPE READING year, they will be charged for the service even though they are not using the service. In regards to water, most property owners are willing to connect to city water if they have a failure of their water well due to the costs involved in drilling a new well. Mrs. Smith expressed her concern in paying the additional city property taxes since they do not see the service benefits that they would be receiving from these increased taxes. Director Gillespie stated that all property owners benefit from city services such as parks, library, and law enforcement and they all share in the cost of providing those services. 4806 Jack Kohl, 8725 Citizen Dr., Wilsonville, stated that he currently has an application pending before staff on the annexation of property known as the Van V alkenberg site. He questioned that, if the annexation is approved, the expediency of the City in determining the zoning of the property. Mayor Jennings stated that, under state law, the property can be annexed without changing the zone designation and staff will administer the Marion County zoning provisions until zone changes are processed for the subject properties. He stated that, to change the zone, the property owner would have to follow the normal comprehensive plan hearing process and that the 120-day rule does not run on a comprehensive plan change. Attorney Shields reiterated that the 120-day rule normally applies just to permits and, if you have a comprehensive plan change with it, the rule would not normally apply. It was noted that the City is following through on the annexation process and it will be the property owners responsibility to apply for the comprehensive plan change ifthey would like to obtain a change in the designation prior to the completion of the City's overall Periodic Review process. 5421 Ron and Debbie Monnier, 328 Parr Rd., questioned staff on the following: 1) how staff determines the 100 foot location from a service line and what the hook-up fees are, and 2) how are sewer rates determined if there is no water usage by the property owner. Director Tiwari stated that the current hook-up charge to the city system is $2,977 and the monthly sewer service charge for those properties not using city water service is $20.20 which is the minimum charge for all properties using city sewer service. In regards to the connection to a city line, the property owner is required to connect if their property line is located within 100 feet of a sewer service line. Costs for bringing the service line from the home to the city service line are borne by the property owner. Roy Smith expressed his objection to being required to abandon his working septic system within one year of the annexation. 6392 Victor and Pam Leder, Laurel A venue, stated that they have their own septic system at this time, however, it is their understanding that there are plans pending for the installation of a new sewer line. She questioned if a new water line would be installed at the same time since the line currently in place which services their home is an old 2" line and they have very poor water pressure. Page 9 - Council Meeting Minutes, April 23, 2001 COUNCIL MEETING MINUTES APRIL 23, 2001 TAPE READING Director Tiwari stated that the City maintains existing water and sewer mains. Problems associated with the lines from the main to the home are the responsibility of the property owner and, in the case of water, an undersized line will often cause low water pressure. He stated that he would look into this particular situation to see what had occurred in the past and, if necessary, the line would be upgraded. He also stated that any abandonment of a water or sewer system is the responsibility of the property owner. Tape 2 0112 Rudy Sonnen, 888 Brown Street, stated that he has been on City water and sewer for over 25 years, however, if he is required to abandon his water well, he will not be able to water his pasture for his horses. He also stated that the annexation map for his property designates an incorrect location of the city limits since the county assessor maps show a different city limits line and he is currently paying city taxes on a portion of the property that the City claims is land not currently inside the City. Additionally, he has two neighbors that have split properties like himself who did not receive notice of the hearing based on the discrepancies in the maps. 334 Community Development Director Mulder stated that his staff is working on determining the precise boundaries of the city limits which is one of the reasons for the request to continue the public hearing. Director Tiwari stated that, in those cases where there are no water or sewer lines available and there is an expectation on the part of the property owner that the City will come and install new lines because of this annexation, this will not occur since expansion of the service lines are costs borne by the property owners benefitted by the expansion. If the benefited property owners want to have the service line extended to their properties, a local improvement district can be formed which will provide the property owners with the ability to pay for this line extension over a lO-year period. He reiterated that the City will pay for maintenance and replacement of existing city lines whereas they do not pay for the extension of a main line. A lengthy discussion was held on this issue and staff will prepare a more detailed report for the next meeting. Ray Peterson, 1640 Laurel Ave., expressed his opinion that the City should provide the water and sewer service to the property owners if the property is annexed to the City. Additionally, property owners who do connect within the first year should receive a reduced connection fee. Tom Gorman, N. Boones Ferry Rd., stated that a sewer service line was installed last summer down the middle of N. Boones Ferry Rd. and he questioned if he would also have to pay a portion of the cost associated with that service line installation. Director Tiwari stated that the property owners only need to pay the connection fee to the service line since the developers of the properties surrounding the area have already paid for the sewer line. Roy Smith reiterated his objection to the connection fees that would be charged by the City Page 10 - Council Meeting Minutes, April 23, 2001 COUNCIL MEETING MINUTES APRIL 23, 2001 TAPE READING along with his expense to install the lines from the main line to his house. Victor Leder also requested information on what streets are being considered for improvements in which an assessment district would be formed along with the potential costs to individual property owners. 1146 Administrator Brown stated that he has noted the questions that have been brought up by the Council and property owners, and staff will be prepared to answer as many questions as possible at the next meeting. Regarding the question on specific street assessment costs, he stated that staff would not be able to provide that information at this time, however, during the local improvement district formation process, that information would be provided to all property owners benefitted by the improvement. Additionally, staff will bring back for discussion various City ordinances, rules, regulations and policies for review as it relates to water and sewer fees. Administrator Brown read letters in opposition to the proposed annexation from: 1) Stewart Miller, 2348 N. Boones Ferry Rd, and 2) Lewis & Ronda Nauta, 2374 N. Boones Ferry Rd. 1428 BJELLAND/SIFUENTEZ... continue the public hearing to May 14, 2001 at 7 :00 p.m.. The motion passed unanimously. Mayor Jennings stated that the hearing on May 14th will be re-opened to accept all testimony and not limited to a specific issue. 1475 PLANNING COMMISSION ACTIONS: A) Site Plan Rewiew #00-12, Variance #01-14, and Partition #01-01 _ Property located at the southeast corner of Highway 99E and Highway 211 (Applicant: Pacific Realty Associates, L.P.) No action was taken by the Council on this matter. 1512 CITY ADMINISTRATOR'S REPORT. A) Boones Ferry RoadlHighway 214 Intersection Improvement Project: Administrator Brown stated that, last month, staff had provided an initial report on this project which is included in the City's Capital Improvement Plan (CIP) for fiscal year 2001- 02. Staff had proposed that the project be completed in three phases with the first phase being completed during the summer of 2001 while students are on summer break. Councilors had expressed an interest in having the Highway 214/N. Boones Ferry RdlSettlemier Ave. intersection improved at the same time. Since this portion of the project would include the state highway, the City is required to receive ODOT approval of any improvements. Additionally, the City would like to receive some funding from ODOT rather than paying all of the costs directly related to the intersection improvements from City funds. Other issues of concern related to the local improvement district, pending annexations, extension of costs to properties not part of the compulsory annexation and how costs might be extended to those benefitted properties. In summary, he suggested that the project needs Page 11 - Council Meeting Minutes, April 23, 2001 COUNCIL MEETING MINUTES APRIL 23, 2001 TAPE READING to be taken in total and the area to be improved abutting the school property needs to be completed at the same time as the intersection improvement. He requested that his staff report be accepted by the Council and that the bulk of the project be delayed to fiscal year 2002-03 with anticipated completion later next year. BJELLANDINICHOLS... accept the City Administrator's report on Boones Ferry RdlHighway 214 intersection improvement project and acknowledge delay of this project until fiscal year 2002-2003. The motion passed unanimously. 1933 B) Direct Link Cable Television Service update: Administrator Brown stated that the City had received notice from Direct Link informing customers that monthly rates increased as of May 1, 2001. 2036 MAYOR AND COUNCIL REPORTS. Councilor Kilmurray requested that the Police Department try to increase traffic patrol on Highway 99E since there continues to be a problem with motorists going through red lights at the signalized intersections on Highway 99E. Councilor Sifuentez stated that the annual School District Music Festival will be held on April 24th beginning at 7:00 pm at the Woodburn High School gym. The public is invited to attend this event which involves all of the district schools. On April 30th through May 4th, the district will be celebrating "Back to School" week which gives the community an opportunity to visit the schools. Interested citizens are encouraged to call the school(s) to see what is going on that week and to visit on days of interest. Councilor Sifuentez also stated that "National Volunteer Week" will be held April 22nd through April 28th and she thanked all of the volunteers within the City that contribute in any number of ways. She also encouraged city staff to recognize our volunteers during this week. Lastly, she informed the Council that she will be providing them with copies of the School Board Notes so that they will be able to keep up with current issues/actions before the Board. Mayor Jennings stated that he had received a number of telephone calls from citizens who are upset when their television screen goes blank during a Council meeting because of the 2-hour programming time frame established by Direct Link. He suggested that the Administrator discuss this issue with our Cable TV consultant to insure that live programs continue until they are finished. Administrator Brown stated that a questionnaire will be sent out with the water bills requesting customers to complete the customer satisfaction survey questionnaire. This information will be used by the City in negotiations with Direct Link on the next franchise agreement. Page 12 - Council Meeting Minutes, April 23, 2001 COUNCIL MEETING MINUTES APRIL 23, 2001 TAPE READING 2387 ADJOURNMENT. NICHOLSISIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9: 10 p.m.. APPROVED~A ,r- RI ARD JENNING MA Y\>R ~ ATTEST ~ I~.J- Mary Ten nt, Recorder City of Woodburn, Oregon Page 13 - Council Meeting Minutes, April 23, 2001