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Minutes - 06/11/2001 COUNCIL MEETING MINUTES JUNE 11,2001 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 11,2001. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0020 ROLL CALL. Mayor Jennings Councilor Bjelland Councilor Chadwick Councilor Figley Councilor Nichols Councilor Sifuentez Councilor Ward ill position - Vacant Present Present Present 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 0039 Mayor Jennings requested that he be allowed to introduce a general business item out of order and, following the presentation by the Boy Scout Troop and action taken on this general business item, a short reception be held before the Council finishes their business items for this meeting. 0077 LETTER OF RESIGNATION FROM PAMELA KILMURRA Y. Mayor Jennings read a letter dated June 5, 2001 from Pamela Kilmurray resigning her position as Ward ill Councilor effective immediately since she has moved from 1145 Orchard Lane to 2536 Roanoke which is within Ward N of the City. NICHOLS/FIGLEY... accept the resignation submitted by Pamela Kilmurray. The motion passed unanimously. 0148 ANNOUNCEMENTS. A) Public Hearing on June 25, 2001: A hearing before the Council will be held at 7:00 pm in the City Hall Council Chambers regarding an appeal of the Safeway Shopping Center approval. B) Special City Council Meeting will be held on Monday, June 18,2001,7:00 pm in the City Hall Council Chambers for the purpose of presenting the Economic Development Study. Page 1 - Council Meeting Minutes, June 11, 2001 COUNCIL MEETING MINUTES JUNE 11, 2001 TAPE READING C) The Community Center Planning Committee will be holding their first meeting on Tuesday, June 19th. APPOINTMENTS. A) Mayor Jennings appointed Carlos Medina Perez to serve on the Human Rights Commission. FIGLEYIBJELLAND... approve the appointment of Carlos Medina Perez to the Human Rights Commission Ward N. The motion passed unanimously. B) Ward In Councilor - Mayor Jennings stated that he was aware of the pending resignation prior to the date on the resignation letter and had been looking for potential candidates to fill the position once it was officially vacated. As a result, he was able to obtain a commitment from an individual who was willing to serve the balance of the term. Under the authority of the City Charter, Mayor Jennings appointed Peter McCallum, a registered voter and resident of Ward ill, to the position of Ward ill Councilor with his term expiring the first regular meeting in December 2002. FIGLEYINICHOLS... approve the appointment of Peter McCallum to City Council Ward ill. Councilor Figley stated that the Charter provides for the Council to fill unexpired terms of Councilors and it is a responsibility that she does not take lightly. She felt confident that the residents within Ward ill will be well-served by his appointment to this position. On roll call vote, the motion to approve the appointment passed unanimously. 0315 OATH OF OFFICE. Peter McCallum took the Oath of Office as Ward ill Councilor following which he began his term of office. 0453 PRESENTATION BY BOY SCOUT TROOP #691. Roger Midura, fundraising committee chairman for Boy Scout Troop #691, stated that Mayor Jennings had given his troop an idea as to what type of fundraising activity could be done that would help to raise funds for a new Troop trailer. The scouts are supposed to go camping once a month plus one week of every year and, with the size of the scout troop, it was necessary to secure a trailer to haul all of their proper camping equipment. As a result of the Mayor's idea and support, the troop was able to raise sufficient funds to purchase a new troop trailer, build a large shed to store the trailer and camping equipment, and to send some of the boys to summer camp. He thanked the Mayor, Council, Fire Chief Hendricks, Police Chief, and the Public Works department for all of their support on this project. Mr. Midura also introduced the following scouts in attendance at this meeting: Darien Pike, Jeff Eamons, and Matt Phipps. The boy scout Page 2 - Council Meeting Minutes, June 11, 2001 COUNCIL MEETING MINUTES JUNE 11, 2001 TAPE READING project involved painting house numbers on curbs within the City. Darien Pike, newest Eagle Scout member of the troop, presented Mayor Jennings with a Certificate of Appreciation and a framed picture of the trailer purchased by the troop. 0787 COUNCIL BILL 2325 - RESOLUTION HONORING PAMELA KILMURRA Y FOR HER DEDICATION TO THE WELL-BEING OF THE CITIZENS. Mayor Jennings introduced and read Council Bill 2325. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2325 duly passed. Mayor Jennings called for a recess at 7: 18 pm and invited the audience to a short reception honoring Pam Kilmurray and welcoming Peter McCallum as the new Councilor. The meeting reconvened at 7:32 p.m.. 0900 Pam Kilmurray, 2536 Roanoake, suggested to Councilor McCallum that he switch chairs with one of the other Councilors since the Mayor is a taskmaster. Mayor Jennings reminded Ms. Kilmurray that she is still a member of the Community Center Planning Committee and the Urban Renewal Committee. 1010 Mayor Jennings reminded the public that June 14th is Flag Day and he encouraged citizens to display their flags on this day. He also introduced Tara McClain who is the new reporter for the Statesman Journal. 1069 CHAMBER OF COMMERCE REPORT. Administrator Brown, representing the Chamber, informed the public of upcoming Chamber events: 1) Chamber Forum luncheon will be held on June 20th, 12:00 noon, with the guest speaker being Dean Funk, Government Affairs & Community Development Manager for Portland General Electric, who will speaking on the effect of the energy crunch on Woodburn businesses and residents. 2) Business after Hours will be held on June 2pt between 4:30 pm and 6:00 pm at Fluid Communications, 15265 Woodburn-Monitor Rd NE. This business is a marketing graphic and web design company and is located in the Monitor Telephone Co building in Monitor. He also stated that the Chamber office is scheduled to move to a new location within Woodburn Crossing on July 7th & 8th. The new location is across from Huber's Restaurant and the Chamber will be hosting an open house on July 11th. The new office will be larger and they will be opening a convention and visitor's bureau to promote Page 3 - Council Meeting Minutes, June 11, 2001 COUNCIL MEETING MINUTES JUNE 11,2001 TAPE READING tourism. The Chamber is also in the processing of developing a new tourism brochure and a new Quality of Life booklet for the community. 1204 Mel Schmidt, 840 Hermanson, stated that he would like the Council to look at a summary of a survey that was done by the Luckey Company prior to the Council making a decision on the wetlands enhancement project for Hermanson Park ill. He stated that only 1/3 of the property owners received the summary and, based on the results of the summary, he does not feel that the proposed work reflects the desires of the property owners. He also suggested that the Council look at the area behind Legion Park to view the condition of the area when it is considered as minimal upkeep and he did not feel that the property owners should have to view that type of area on a regular basis. He also requested that he be able to bring a short video to the next meeting for Council viewing. 1308 CONSENT AGENDA. A) Council workshop minutes of May 1, 2001; Special Council meeting minutes of May 7, 2001; and Council regular and executive session minutes of May 14, 2001. B) Planning Commission minutes of May 10,2001. C) Library Board minutes (draft copy) of May 9, 2001. D) World Berry Center Museum Committee minutes (draft copy) of May 14,2001. E) Livability Task Force Committee minutes of May 10, 2001. F) Staff report on audit of Portland General Electric (PGE) franchise fee remittances. G) Police activity report for April 2001. H) Library monthly reports for March 2001 and April 2001. I) Building activity report for May 2001. J) Planning Project tracking sheet dated June 7,2001. K) 1-5 Sign Bridge update. L) Hardcastle Avenue railroad crossing update. Councilor Bjelland questioned if repairs to this crossing should be done prior to evaluation of a change in the crossing location. Public Works Manager Rohman stated that repairs made by Union Pacific would not involve City dollars and the concrete spacers Union Pacific will be using are relocateable whereas the rubberized crossings are more difficult to remove. Since it is unknown as to when the Hardcastle Ave. re-alignment would occur, improvements to the existing crossing is desirable. In regards to item K (1-5 Sign Bridge), the Mayor stated that he was not pleased with having this project delayed pending approval of construction plans by the Bonneville Power Administration (BP A). There will be another month delay with this project with the new bid award date scheduled for August 23,2001. FIGLEYINICHOLS... adopt the consent agenda as presented. The motion passed unanimously. Page 4 - Council Meeting Minutes, June 11, 2001 COUNCIL MEETING MINUTES JUNE 11,2001 TAPE READING 1620 PUBLIC HEARING: CITY BUDGET FOR FISCAL YEAR 2001-02. Mayor Jennings declared the public hearing open at 7:43 pm on the 2001-02 budget which includes State Revenue Sharing funds. Finance Director Gillespie reviewed the staff report which included changes to the following funds: 1) establish an endowment fund for the Museum in the amount of $4,000 by transferring funds from the General Fund to the newly established fund, and 2) increase the Mayor and Council's budget by $7,000 for consultant fees relating to the updating of the City ward map. The General Fund operating contingency would decrease by like amounts in order to balance the proposed budget. If approved, the proposed budget would be $15,000 greater than the Budget Committee's recommended budget of $39,979,822. Additionally, the Budget Committee recommended the levy of a permanent tax rate in the amount of $6.0534 per $1,000 assessed valuation and the levy of $180,000 for bonded debt which is outside of the statutory limitation. No one in the audience commented on the proposed 2001-02 budget. Mayor Jennings closed the public hearing at 7:48 p.m.. BJELLAND/SIFUENTEZ... 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. 2008 PUBLIC HEARING: ANNEXATION #01-02 AND ZONE CHANGE #01-02- PROPERTY LOCATED AT 220 S. PACIFIC HIGHWAY (Woodburn Carcraft). Mayor Jennings declared the public hearing open at 7:49 p.m.. Community Development Director Mulder read the land use statement required by ORS Chapter 197. He then proceeded to review the staff report. The land use application, submitted by property owner Doug Templeton, requested the annexation of 1.5 acres and a change of zone from Marion County commercial general to City commercial general district. It was noted that the property owner is in need of connecting to the City's water line for the purpose of installing a fire suppression system. The Planning Commission adopted their final order recommending Council approval of the annexation and zone change on May 10, 2001. No one in the audience spoke either for or against the proposed annexation and zone change. Mayor Jennings declared the public hearing closed at 7:58 p.m.. FIGLEYINICHOLS... concur with the Planning Commission's final order and approve annexation #0 1-02 and zone change #0 1-02, and instruct staff to prepare an ordinance to substantiate that decision. The motion passed unanimously. 2668 BASKETBALL HOOP LOCATED AT 1415 ALEXANDRA COURT. Administrator Brown stated that the issue before the Council was raised as an objection to a code enforcement action as it relates to encroachment into the City rights-of-way. In Page 5 - Council Meeting Minutes, June 11, 2001 COUNCIL MEETING MINUTES JUNE 11, 2001 TAPE READING this case, a basketball hoop has been permanently erected in the right-of-way on Alexandra Court. To date, the City has taken no enforcement action in order to bring the matter to the City Council at the homeowner's request. Rather than focusing on basketball hoops, he proceeded to review his memo which focuses on the issue of encroachment into right-of-way. Staff is recommending that (1) no action be taken to affirm continued use of the basketball hoop at that location, (2) Council establish policy regarding encroachment of permanent structures in the right of way, and (3) if appropriate, direct staff to develop procedures and criteria for licensing the encroachment of permanent structures. He briefly discussed standards that might be used to establish such as a public benefit, undue hardship after an accidental encroachment, obstruction of right-of-way, and similar types of concerns that would be objective and applied to any application for an encroachment into the right-of-way rather than taking on a case-by-case basis. If the Council would prefer to license encroachments, staff would provide Council with a full report by the end of the calendar year. Unless otherwise directed by the Council, enforcement action regarding the basketball hoop would be held in abeyance until a final decision is made by the CounciL Administrator Brown stated that there are 2 City ordinances that prohibit encroachment into the right-of-way, however, both ordinances do provide for permission and there is no formalized permission process in place at this time. Councilor Nichols stated that, in the past, both permanent and movable basketball hoops have been a problem in that youth would play basketball in the streets. At that time, the City Attorney stated that the City does assume some liability since the right-of-way was being allowed for playground use. He expressed his opinion that basketball hoops not be allowed in the public right-of-way. Administrator Brown reiterated that this issue pertains to permanent structures and code enforcement is enforcing the encroachment ordinance as it relates to movable basketball hoops. Councilor McCallum questioned the number of encroachments within the rights-of-way. Administrator Brown stated that he could not provide an answer to that question, however, unless it is brought to the City's attention, the City has not attempted to identify all of the encroachments. In the area of code enforcement, priorities are placed on property maintenance issues and vehicular issues. Mayor Jennings suggested that the Council take some action on this issue in order to reduce the City's liability exposure. Councilor Figley agreed with the Mayor's comments and briefly outlined her concerns on this issue. She supported the staff's proposal to research the issue and bring back a report for the Council to review at a later date. Councilor Bjelland felt that further research was needed before any decision as how the Council would deal with this specific issue. Page 6 - Council Meeting Minutes, June 11, 2001 COUNCIL MEETING MINUTES JUNE 11, 2001 TAPE READING BJELLAND/SIFUENTEZ... instruct staff to research the issue of all types of encroachments in to public rights-of-way and then report back to the Council at a later date to present alternatives for how the Council should deal with those types of issues in the future. Brief discussion was held regarding the length of time in which the staff would report back to the Council. Since there were no objections from the Council, staff will bring the report back to them as soon as practical but no later than the end of the year. The motion passed unanimously. In regards to this particular action, Administrator Brown suggested that the Council take no further action at this time and leave it as an administrative decision. Councilor Nichols questioned the City's liability if no action was taken. City Attorney Shields stated that the City may have some liability but, as a discretionary matter, this action has not been singled out. Instead, direction has been given to look at the total picture and to report back within a certain time period. Councilor Bjelland also expressed his concern that, if the Council takes action to allow the encroachment to continue, the City may be accepting greater liability that would not be there if no action was taken until adequate measures are made available to address these issues. Attorney Shields agreed with the statement made by Councilor Bjelland. He stated that, for the record, the Council is making a discretionary decision to direct staff, with a time frame, to look at encroachment along with the liability issue, and the Council is not acting on this particular request. 4247 COUNCIL BILL 2315 - ORDINANCE APPROVING ANNEXATION OF .98 ACRES OF PROPERTY LOCATED BETWEEN LINCOLN STREET AND AZTEC DRIVE ON EAST SIDE OF HIGHWAY 99E. AND GRANT ZONE CHANGE TO CITY COMMERCIAL RETAIL (770 N. Pacific Hil!hwav). Council Bill 2315 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 On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2315 duly passed. 4388 COUNCIL BILL 2316 - ORDINANCE ANNEXING CERTAIN ISLAND PROPERTIES PURSUANT TO ORS 222.750. Councilor Chadwick introduced Council Bill 2316. The two readings of the bill were read by title only since there were no objections from the CounciL Councilor Bjelland stated that approval of this bill will remove one of the goals previously established by the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2316 duly passed. Page 7 - Council Meeting Minutes, June 11, 2001 COUNCIL MEETING MINUTES JUNE 11,2001 TAPE READING 4531 COUNCIL BILL 2317 - ORDINANCE AMENDING ORDINANCE 2057 (TRANSIENT OCCUPANCY TAX) TO DEDICATE CERTAIN PERCENTAGE OF TAX TO TOURISM AND ECONOMIC DEVELOPMENT AND TO RAISE THE AMOUNT OF THE TAX. Councilor Chadwick introduced Council Bill 2317. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Mayor Jennings stated that, to date, no formal objection has been raised by the local businesses regarding the proposed tax increase. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared the bill duly passed. 4709 COUNCIL BILL 2318 - ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE TO DATA VISION COMMUNICATIONS. A DIVISION OF GERVAIS TELEPHONE COMPANY. TO OCCUpy CERTAIN RIGHTS-OF-WAY WITHIN THE CITY. Council Bill 2318 was introduced by Councilor Chadwick. The two readings of the bill were read by title only since there were no objections from the Council. Councilor Bjelland questioned running fiber optic cable to the Montebello Subdivision and then running copper from that to residents in the area interested in having DSL service and the need, if any, for a switching station within a certain distance of the line. John Hoffman, General Manager for Gervais Telephone Co., stated that there is a limitation of DSL and it is generally 1 or 2 miles from the electronic box that is at the end of the fiber cable. If the box is put in the subdivision, they will be able to fan out about 18,000 feet with DSL service. However, they have now decided not to use the fiberlcopper hybrid and instead will bring the fiber to each home and eliminating the copper. Instead of DSL, it will be a high-speed broad ban internet service that will be much faster than DSL. He stated that the current speed is up to 10 megabits per second now and in January it is scheduled to be upgraded to 100 megabit per second service. Brief discussion was also held regarding the telephone numbers and calling pattern which is established by the Public Utilities Commission (PUC). The telephones installed within Woodburn would have the same current Woodburn rate center for both local calling and extended area service. He also stated that they have signed an interconnect agreement with Qwest. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2318 duly passed. Page 8 - Council Meeting Minutes, June 11, 2001 COUNCIL MEETING MINUTES JUNE 11,2001 TAPE READING 5458 COUNCIL BILL 2319 - RESOLUTION ENTERING INTO INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY FOR STRIPING OF PAVED ROADS FOR 2001 AND AUTHORIZING CITY ADMINISTRATOR TO RENEW FUTURE AGREEMENTS FOR STRIPING. Council Bill 2319 was introduced by Councilor Chadwick. 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 Council Bill 2319 duly passed. 5557 COUNCIL BILL 2320 - RESOLUTION AUTHORIZING CITY TO APPLY FOR A LOCAL GOVERNMENT GRANT FROM OREGON PARKS & RECREATION FORA SKATE PARK. Council Bill 2320 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 2320 duly passed. 5623 COUNCIL BILL 2321 - RESOLUTION AUTHORIZING CITY ADMINISTRATOR TO SIGN APPLICATIONS AND COMMIT CITY RESOURCES ON BEHALF OF THE CITY FOR OPERATIONAL AND CAPITAL GRANTS SUBMITTED TO THE PUBLIC TRANSIT DIVISION OF THE OREGON DEPT. OF TRANSPORTATION. Councilor Chadwick introduced Council Bill 2321. 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. 5707 COUNCIL BILL 2322 - RESOLUTION ENTERING INTO ADDENDUM AGREEMENT WITH SUZANNE CRANE ENGINEERING. INC.. Council Bill 2322 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, Council Bill 2322 passed unanimously. Mayor Jennings declared the bill duly passed. 5784 COUNCIL BILL 2323 - RESOLUTION CERTIFYING ELIGIBILITY OF CITY TO RECEIVE STATE SHARED REVENUES DURING FISCAL YEAR 2001-02. Council Bill 2323 was introduced by Councilor Chadwick. Recorder Tennant read the bill by title only since there were no objections from the CounciL On roll call vote, the bill passed unanimously. Mayor Jennings declared Council Bill 2323 duly passed. Page 9 - Council Meeting Minutes, June 11, 2001 COUNCIL MEETING MINUTES JUNE 11, 2001 TAPE READING 5852 COUNCIL BILL 2324 - RESOLUTION ENTERING INTO A SITE LEASE AGREEMENT FOR SPACE ON THE WATER TOWERS WITH CRICKET OREGON PROPERTY COMPANY. Council Bill 2324 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the CounciL Councilor Bjelland questioned if there were any limitations on the number of antennas on the water towers and if the lease amount was different from the amount charged to other companies which have antennas currently on the water towers. Public Works Manager Rohman stated that the least cost is identical to the other companies which already have antennas installed on the water towers. He stated that Crickett Oregon Property Company is a newer company that has been providing their service to other cities in the northwest with their niche in the market being that they provide a local only cell phone with unlimited calling in a local area on a flat rate. 6255 ACCEPTANCE OF BANCROFT BOND APPLICATION. Staff recommended the acceptance of a Bancroft Bond application submitted by Konstantin and Maria Verbin which would allow for installment payments on the Downtown Alley assessment. FIGLEY/SIFUENTEZ... accept the Bancroft Bond signed by Konstantin and Maria Verbin, tax account #92880-100, which was filed after the initial 10-day filing period on the Downtown Alley local improvement district. The motion passed unanimously. Tape 2 0001 BID AWARD: WEST LINCOLN WATER MAIN REPLACEMENT. Bids for the replacement of the water main were received from the following contractors: 4 Rivers Construction LLC, $17,622.00; All-Ways Excavating & Construction LLC, $19,877.50; Bob's Backhoe Service LLC, $21,014.00; Canby Excavating, Inc., $22,961.65; MICC, LLC dba Oregon Siteworks, $25,975.00; Scharff Bros. Contractors, $27,025.00; Coffee Grounds Enterprises, $30,065.00; Western Utility & Excavation, $31,083.33; G.V.S. Construction, $31,122.85; and Dunn Construction, $35,141.00. FIGLEY/SIFUENTEZ... award bid #21-16 for the West Lincoln water main replacement to the lowest responsible bidder, 4 Rivers Construction LLC, in the amount of $17,622.00. Mayor Jennings questioned if this would be the time to get the rest of West Lincoln Street paved. Public Works Director Tiwari stated that there is a lengthy process involved in the local improvement district process. He reminded the Council that the budget for the new fiscal year does include some funds to be used towards paving graveled streets within the City. The motion to award the bid passed unanimously. Page 10 - Council Meeting Minutes, June 11, 2001 COUNCIL MEETING MINUTES JUNE 11, 2001 TAPE READING 0129 STREET CLOSURES. BJELLAND/FIGLEY... approve the street closure requests for 1) First and Hayes Street (July 16,2001),2) Independence Avenue (July 21,2001 with a rain date of August 4, 2001), and 3) Alexandra Court (July 4,2001) as recommended by staff. The motion passed unanimously. 0162 REOUEST FOR SOUND AMPLIFICATION PERMIT - APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS. Pastor David Ramon requested a sound amplification permit to allow for a church service and music at Library Park. As required under City policy, he has obtained a facilities use permit from the Parks & Recreation Department. FIGLEY/SIFUENTEZ... approve a sound amplification permit for the Apostolic Assembly of the Faith in Christ Jesus for Saturday, July 14,2001, and Saturday, August 11,2001, from 12:00 noon to 4:00 pm.. The motion passed unanimously. 0191 REOUEST FOR SOUND AMPLIFICATION PERMIT. STREET CLOSURE. WAIVER ON INSURANCE REOUIREMENT. AND EXTENSION OF CITY LIABILITY INSURANCE COVERAGE FOR DRUMS OF FIRE EVENT. Mayor Jennings declared a conflict of interest since he is Treasurer of Drums of Fire, Inc. which is a co-sponsor with the City on this event. Councilor President Figley presided over this item of business. The event is scheduled for July 2, 2001 at Legion Field. NICHOLSlMcCALLUM.... grant the request for the sound amplification permit, street closure, waiver of the insurance requirements, and extension of the City's liability insurance coverage for the Drums of Fire event. The motion passed unanimously. 0271 GRANT A WARD - JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM. Mayor Jennings stated that this State grant award will provide the majority of the funding needed for the implementation of Woodburn Peer Court which is a community-based program of prevention and intervention for first time youth offenders. Participating in this project are the City, Woodburn School District, Marion County Sheriff's Department, Woodburn Together, Marion County Juvenile Department, and the Woodburn Fire District. Marion County will be the fiscal agent for this program, therefore, the grant funds accepted by the City will be forwarded to the County. Councilor McCallum stated that he is the President of Woodburn Together, however, he has no financial interest in this program and funds will be accounted for by Marion County. Page 11 - Council Meeting Minutes, June 11, 2001 COUNCIL MEETING MINUTES JUNE 11, 2001 TAPE READING BJELLAND/SIFUENTEZ... approve receipt and allocation of the Juvenile Accountability Incentive Block Grant funds for Woodburn Peer Court. The motion passed unanimously. 0347 SKATE PARK DESIGN CONSULTANT. Proposals were received from 3 firms and, following interviews, the Skate Park Committee recommended that the City enter into a contract with Purkiss Rose - RSI to assist in the design, construction documents, and construction administration related to the proposed Skate Park. FIGLEY/SIFUENTEZ... authorize staff to draft contract with Purkiss Rose - RSI for preparation of conceptual design (not to exceed $7,500), construction documents (not to exceed $9,000) and construction administration (not to exceed $4,500). The motion passed unanimously. 0429 PLANNING COMMISSION ACTIONS. A) Site Plan Review #01-03, Variance #01-03, and Variance #01-05: Evergreen Retirement Community to be located south of West Hayes Street, north of Evergreen Road, and east of Harvard Drive. No action was taken by the Council on this land use application. 0450 CITY ADMINISTRATOR'S REPORT. A) Administrator Brown reminded the Mayor and Council of available dates in which they can go to the Woodburn Independent and have their pictures taken for the newspaper's file photos. B) He also stated that the City had received notice last week from Marion County that there will be a 125 foot tower being installed at the Viesko plant site on Arney Road which is located outside of the City's Urban Growth Boundary. The administrative approval has been given by the County's Community Development Director and, if the City wishes to appeal this decision, the appeal needs to be filed by June 12th. The property in which this tower will be erected is zoned as industrial which is the same zoning classification that the City would require this type of tower to be placed on if it were located within the City. The Council took no action on this issue. C) Public Works Manager Rohman informed the Council, and general public, that the City did report to the State Health Division a total coliform violation for June 2001. He emphasized that the coliform bacteria samples did not contain either fecal or E-coli bacteria. He stated that coliform sampling is done monthly at each water well and he reiterated that coliform is a naturally occurring bacteria which is normally harmless. The City flushed the distribution lines in the area and a another sample was drawn, however, tests results will not be in until June 12th. Page 12 - Council Meeting Minutes, June 11, 2001 COUNCIL MEETING MINUTES JUNE 11, 2001 TAPE READING D) Public Works Manager Rohman also informed the Council that the Oregon Dept. of Transportation will be installing a protectivelpermissive left turn phasing traffic signal at the Lincoln/Highway 99E and Hardcastle/Highway 99E intersections. These signals are being installed as part of an ODOT study on this type of traffic signal phasing. He stated that ODOT had evaluated various signal locations throughout the state and selected two locations in Woodburn to conduct the study. ODOT intends to have the signals operational by June 14th. 1372 MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that the Church of Nazarene will be hosting a community event with a concert on June 30th and, on July 1 st , they will be having a picnic which will include various games and activities for all ages in a pre-celebration of July 4th. The public is invited to attend. Councilor McCallum expressed his thanks to the Mayor and Council for the honor of appointing him to this position. He also thanked his family for their encouragement and support in this appointment. 1517 Councilor Bjelland stated that he had attended a Mid-Willamette Valley Area Commission on Transportation (MWV ACT) meeting last week and several items of interest relating to Woodburn were discussed at this meeting. First of all, the commuter train study from Beaverton to Wilsonville has now been extended to Salem and the analysis is in process by the State. Secondly, House Bill 2142 may be passed by the legislature which will provide funding for modernization and preservation of roadways. This bill authorizes the issuance of highway user tax bonds and the Commission plans on being active to secure their fair share of funds for improvements. A major project that could be funded through these dollars is Woodburn's 1-5 interchange and Highway 214 improvements since this project is on ODOT's STIP, however, the City needs to address the Transportation Systems Plan (TSP) as soon as possible so that the City does not lose an opportunity to make improvements at the interchange. Mayor Jennings stated that it is his understanding that AAA and the trucking industry are not opposing this legislative bill. Councilor Bjelland also stated that ODOT had completed a Highway 99E safety corridor study and the report indicates that Woodburn sections of this roadway are in the forefront of accidents and fatalities. There is also a significant number of pedestrian fatalities in the Woodburn area along this roadway. He stated that he would be presenting the report to staff and MWV ACT is requesting the City to provide responses to issues outlined in the report. The study involved the area between north Salem city limits to south Canby city limits from which it was divided into sections and analyzed by sections. It was found that a significant number of accidents are alcohol related and several of the recommendations in the report relate to traffic enforcement in specific areas along Highway 99E. Another issue in the report is the lack of lighting on Highway 99E which Page 13 - Council Meeting Minutes, June 11, 2001 COUNCIL MEETING MINUTES JUNE 11,2001 TAPE READING has resulted in a higher number of pedestrianlbicycle accidents within our city limits. Administrator Brown stated that staff will try to have a report back to the Council for their review at the next regular meeting. Councilor Sifuentez reminded the Mayor and Council that there is a School District recognition dinner scheduled for June 14th, 4:30 pm, in the high school commons. Councilor Chadwick stated that she was glad to be back in attendance at the Council meeting. Mayor Jennings referred to the Planning Commission minutes of May 10,2001, page 8, and expressed concern in that the Commission is still bringing up the issue of Goose Creek (not Mill Creek). In his opinion, this issue should be closed since the Corps of Engineers has denied the City's request to enclose the drainage ditch and the City has elected not to appeal the Corps decision. 2553 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(f), and ORS 192.660(1)(h). FIGLEYIBJELLAND... adjourn to executive session under the statutory provisions cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 9:26 pm and reconvened the meeting at 9:47 p.m. Mayor Jennings stated that no decisions were made by the Council while they were in executive session, and no motions are required during the regular session. 2595 ADJOURNMENT. FIGLEYINICHOLS... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:48 p.m.. APPROVED e~ ~ ./" RI HARD JENN GS~A YOR ATTEST fYl~ ~ Mary Te nt, Recorder City of Woodburn, Oregon Page 14 - Council Meeting Minutes, June 11, 2001