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Minutes - 06/24/2002 COUNCIL MEETING MINUTES JUNE 24, 2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 24, 2002. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Present Present Present Present Present Present Absent Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Community Development Director Mulder, Police Chief Russell, Deputy Police Chief Youmans, Finance Director Gillespie, Park Director Westrick, Management Analyst Merwin, City Recorder Tennant 0065 ANNOUNCEMENTS. A) 4th of July Community Celebration: The French Prairie Kiwanis Chuckwagon Breakfast will held at Legion Park from 6:00 - 10:30 am.. Beginning at 1 :00 pm, there will be food, games, and entertainment at the Woodburn High School athletic field with a fireworks display to begin at 10:00 p.m.. B) In observance of the 4th of July holiday, all City offices, the Woodburn Public Library, and the Aquatic Center will be closed. C) Children's Summer Library Programs: The summer programs are free to all youth who have a Library card and a listing of the special events is included in the agenda packet. 0132 CHAMBER OF COMMERCE REPORT. Kathy Wolfer, representing the Chamber of Commerce, stated that Chamber at the Drags will be held on July 18th from 4:30 pm to 6:00 pm at the Woodburn Drag Strip. She also provided the following Woodburn Area Chamber of Commerce year-to-date statistics: 51 relocation packets sent; 853 telephone calls received from within Oregon and 75 telephones from outside of Oregon; 1360 visitors from within Oregon and 465 visitors from outside of Oregon; and e-mails received are 1,413. 0234 CONSENT AGENDA. A) approve the Council minutes of June 10, 2002; B) accept the Planning Commission minutes of May 9, 2002; Page 1 - Council Meeting Minutes, June 24,2002 I COUNCIL MEETING MINUTES JUNE 24, 2002 TAPE READING C) receive the staff report regarding towing services; D) receive the Library's monthly report for April 2002; and E) approve the closure of the Alexandra Court for their neighborhood 4th of July party. FIGLEY/NICHOLS... adopt the consent agenda as presented. Mayor Jennings stated that he was pleased to see that staff is moving forward with a Request for Proposal process to update and improve towing services that are contracted by the City. Following receipt of the proposals, the City will have written contracts with specific towing companies which will include fees to be charged for services. The motion to adopt the consent agenda passed unanimously. 0337 PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT 01-02. ZONE CHANGE 01-05. SITE PLAN REVIEW 01-13 AND PARTITION 01-07 (847 N. CASCADE DRIVE). Mayor Jennings declared the public hearing open at 7:08 p.m.. Recorder Tennant read the land use statement required by ORS Chapter 197. Councilor Figley stated that she is familiar with the parcel in question and she had driven by the location to look at the parcel prior to the hearing. Councilors McCallum, Nichols, and Bjelland stated that they are also familiar with and driven by the property. Community Development Director Mulder reviewed the application submitted by Leon Oliver to approve a Comprehensive Plan amendment from low density residential to high density residential, a zone change from single-family residential to multi-family residential, a site plan review to construct 2 proposed residential care facilities, and a partition application to divide the existing single property into 3 separate lots. The property is located at 847 N. Cascade Drive and is 1.7 acres in size. Currently, there are two single family homes and three accessory buildings on the property. Under the single family residential district, properties are only allowed to have one single family dwelling per lot and, as a result, the subject site is legal-nonconforming with the two homes. As part of this project, the home on the north side of the subject property and an accessory building will be removed which will then make the property in compliance with zoning. He stated that the property to the north of the subject property is zoned commercial office, the property to the east is zoned multi-family residential, the property to the south is single family residential, and the property to the west is zoned public amusement (Senior Estates Golf Course). The application requests the partition of the property to 3 parcels of which parcell & 2 involve the proposed construction of two residential care centers of 5,628 sq. feet in size and housing IS-beds each. Parcel 3 is the southerly parcel and it is proposed that this parcel will remain in its current condition with the existing home remaining on that property. The applicant has not proposed any site plan application for that parcel of land. He stated that the Planning Commission did spend some time on this issue and they approved a final order recommending that the Council approve the Comprehensive Plan amendment on Parcels 1 & 2, and that the zoning be Page 2 - Council Meeting Minutes, June 24,2002 I COUNCIL MEETING MINUTES JUNE 24, 2002 TAPE READING changed from single family residential to multiple family on those two parcels. The Commission then recommended that the Comprehensive Plan amendment and zone change on Parcel 3 be denied, therefore, the zoning on that parcel would remain as single family residential. The Commission also recommended approval of the site plan review for the proposed care facilities on Parcels 1 & 2, and they recommended approval of all 3 parcels as part of the partition application. He stated that the Planning Commission had placed conditions on the site plan as a result of the hearing which included requirements for masonry walls on the north property line of Parcel 1 and the south property line of Parcel 2. In regards to the Comprehensive Plan amendment and zone change, the Commission put a condition on that zone change that limited the uses on those properties to the uses allowed in the multi-family residential zone except for multiple family dwellings such as apartments and any uses that would be allowed as a conditional use. This condition would allow for the construction of a care facility as proposed. In regards to the Commission's denial of the Comprehensive Plan amendment for Parcel 3, the Commission felt that Parcel 3 needed to remain as currently zoned to serve as a buffer and as a transition area between the high density residential designation to the north and the established low density residential to the south of the parcel. In regards to the zone change approval criteria for Parcel 3, the Commission did not believe that sufficient evidence was shown to support a zone change for that particular parcel. 1750 Mayor Jennings stated that in the Planning Commission minutes of May 9,2002, Assistant City Attorney suggested that the Commission not condition a Comprehensive Plan amendment and of her concern relating to defense ofa condition that links the zone change to a particular site plan. He questioned if the Commission's recommendation includes any condition that would be in conflict with Assistant City Attorney Won's suggestions. Director Mulder stated that the action taken by the Commission is consistent with Assistant City Attorney Won's advice and he provided some additional information to the Council regarding the Commission's decision to limit the uses allowed to certain uses allowed in that zone and not to a specific site plan. Councilor Bjelland questioned if a fence would be required on the west side of Parcell & 2 since it is being required on the north and south sides. Director Mulder stated that there is an existing fence on the west side, however, on the site plan, the applicant is proposing a new 6 foot vinyl fence along the west side. Councilor McCallum questioned if there is some protection to the City so that construction of this facility cannot later be changed to a boarding house or apartment complex. Director Mulder stated that if this development does not move forward or, if years later a proposal is to change the use to another use, then the conditional zone will remain in place indefinitely until it is changed by a future Council. Page 3 - Council Meeting Minutes, June 24,2002 I COUNCIL MEETING MINUTES JUNE 24, 2002 TAPE READING 2302 Tim Cummings, representing the applicant Leon Oliver, expressed his opinion that their facility will provide a good transition between the residential and commercial areas. He stated that they have a specific use for Parcels I and 2, and they have not made an offer to purchase Parcel 3. He stated that a fence is required on all sides of the facility since it does need to be locked. He provided the Council with a picture of a facility recently completed in Salem which is the style of the proposed facility. Councilor Figley questioned potential traffic impact that would be created by the proposed facility. Mr. Cummings stated that this facility will have minimal traffic impact since the residents do not drive motor vehicles. The applicant plans on applying for an Alzheimer's endorsement and he reiterated Alzheimer patients would be unable to drive. During the daytime hours, it is anticipated that there would be a maximum of 3 caregivers during the day for each facility. Councilor Bjelland questioned how many of the units would be dedicated toward Alzheimer patients. Mr. Cummings did not have an exact number but he did say that the license would give them the ability to utilize the whole facility for Alzheimer patients. Mayor Jennings stated that his concern is the congested parking area along N. Cascade Drive now and, if insufficient parking spaces are provided by the applicant, then it will make N. Cascade Drive even more congested and parking in front of a person's home will be very difficult. Mr. Cummings stated that each facility will have 5 parking spaces with 2 spaces in the garage, one handicapped space, and two regular parking spaces. The facility also provides for a turning area so that there would be no backing out onto Cascade Drive. Councilor Bjelland referred to comments made during the Planning Commission hearing regarding staffing level and he expressed concern regarding the potential need for more staffing based on the number of Alzheimer's patients that the facility could accommodate and the lack of potential off-street parking if there are more employees on staff than what is currently being discussed. Mr. Cummings stated that his company has built 16 other facilities which are Alzheimer's endorsed and the staffing level at these facilities is 2 to 3 employees per shift. Councilor McCallum questioned if the proposed facility would attract more or less Alzheimer patients than the other facilities they currently operate. Mr. Cummings stated that the projected numbers indicate that this facility would be similar to those they have built in the past. Other locations are Redmond, Bend, Hood River, Pendleton, Roseburg (2), Grants Pass (3), Medford (2), Klamath Falls, and Tri- Cities area (2). 3052 Barbara Sharpie, 855 N. Cascade Dr., questioned if the conditional zoning was for all three parcels or just for Parcel 1 & Parcel 2 since the applicant is not making an offer on Page 4 - Council Meeting Minutes, June 24,2002 I COUNCIL MEETING MINUTES JUNE 24, 2002 TAPE READING Parcel 3. Mayor Jennings stated that Parcel 3 was denied by the Planning Commission and that parcel will remain as single-family residential. Ms. Sharpie expressed her opinion that the off-street parking will be insufficient since family members will be there to visit the patients plus there will be doctors, physical therapists, and other care providers coming to the facility. She stated that Cascade Drive currently experiences high traffic volume and on-street parking is very limited already. Ron Lilienthal, 595 N. Cascade, questioned if a condition can be imposed that would require demolition of the house on Parcel 3 or at least bring it up to building standards. Mayor Jennings stated that there is not a lot the City can do unless there is drug activity going on at that house or its condition is determined to be a nuisance under one of the City's ordinances. Police Chief Russell stated that the Council is empowered under the dangerous building ordinance but there are some standards that have to be met and a legal process to go through before anything can be done. Vema Hall, 797 N. Cascade, questioned if the Methodist Church had been approached by the City or any other parties in this area to either give, sell, or rent a portion of their parking area to reduce the congested parking along Cascade Drive. She stated that she lives across from the Church and the parking area is never filled. In regards to the current users of on-street parking, the majority ofthe on-street parking is being used by employees and/or visitors of the Cascade Park Retirement Center and employees ofthe clinic. Patricia Lilienthal, 595 N Cascade, reiterated that there is a parking issue that needs to be addressed since the number of off-street parking spaces being allowed will not be sufficient to meet the needs of the facilities. As a former teacher in the nursing field, she is aware of the ratio between patients and staff, and, in the case of a locked facility, three employees is not enough when it comes to an Alzheimer's unit with 15 beds. Inger Stigerts, 966 Oregon Way, stated that she lives on the west side of the golf course straight across from subject property and, at this time, there is no fence on the west side of subject property. She questioned the definition of a vinyl fence and, based on what was brought up in the Planning Commission hearing, it was her understanding that it would be a 7 foot fence rather than a 6 foot fence as discussed during this hearing. Director Mulder stated that there is no requirement that this development buffer itself from the golf course, however, the applicant is the one proposing the fence for their own purposes. He stated that there is a limitation on the fence height in that it cannot exceed 7 feet. Mr. Cummings stated that the fence would be a solid vinyl fence which will provide for a nice-looking fence that requires no or minimal maintenance. They would not object to installing a 7 foot fence rather than a 6 foot fence. 3943 During rebuttal, Mr. Cummings stated that he had pulled the site plan to review the number of parking spaces and it shows that they have 5 parking spaces plus a 2-car Page 5 - Council Meeting Minutes, June 24,2002 I COUNCIL MEETING MINUTES JUNE 24, 2002 TAPE READING garage. In other facilities that they have constructed, the communities required 3 parking spaces. He stated that they worked with the City's Planning Department in order to meet all of the City's code requirements. He also stated that they have a smaller facility than most providers for this type of service and there will not be a one-on-one ratio of staff to patients. At the facilities they operate, doctors do not come on-site and family members provide this service. There is a nurse that delegates duties to staff members and the nurse does come to the site for about 15 hours per week. Councilor McCallum questioned if the garage would have enough space to park two cars since it is also going to be used for storage and set-up space. Mr. Cummings stated that they have used the garage for storage but it is still large enough to park two cars. Councilor Bjelland stated that the record shows that the applicant has been involved in approximately 20 projects and he questioned as to the age of oldest project. Mr. Cummings stated that they have been constructing facilities over the last 3 12 years. Councilor Bjelland stated that he had concerns regarding comments made by Mr. Oliver during the Planning Commission hearing regarding the need for one-on-one care for Alzheimer patients in the advanced stages of that disease. Mr. Cummings stated that Mr. Oliver is the land use person he uses when dealing with new developments and the one-on-one has not been the case. Councilor McCallum questioned if Mr. Cummings constructs and operates all of the facilities that have been mentioned in this hearing. Mr. Cummings stated that the first 16 or 18 facilities are operated by someone else but he will be operating the one in Salem and he has hired an Administrator to manage the operation. Mayor Jennings stated that the concern is traffic and parking and how this facility will affect those issues. 4724 Councilor Figley questioned the interior landscaping design as shown on the site plan. Mr. Cummings stated that the driveways will be connected so that there is one access point and there is greenspace in between the two units rather than looking at parking spaces. Councilor Nichols questioned if having 1 parking space for 4 beds is a standard practice. Director Mulder stated that the 1 parking space for 4 beds is the parking requirement per City code. At this time, the code does not have a requirement for employees working at a facility of this type. 5075 Councilor McCallum questioned the need for garages if there are no plans for permanent staff to move in and, by eliminating the garages, more parking spaces may be available. Don Reeser, representing the developer, stated that they had developed these two buildings so that they would look like residents therefore blending into the area. He stated that they did not want their facility to look like a big box rather they wanted the buildings to fit into a residential neighborhood. He also stated that the State has recently reorganized the stages of Alzheimers from 5 to 3 and typically the first stage of Page 6 - Council Meeting Minutes, June 24,2002 I COUNCIL MEETING MINUTES JUNE 24, 2002 TAPE READING Alzheimer's are the "big box" locations since they take low care whereas the second and third stages are more advanced with limited visitors generally before and after regular working hours. 5302 Mayor Jennings declared the public hearing closed at 8: 18 p.m.. Councilor Chadwick was concerned about the parking issue. Councilor Bjelland expressed his opinion that there is a need for this type of facility but questions if there is adequate on-site parking for the staff and visitors. Councilor McCallum stated that he has mixed emotions on this application but the Planning Commission has given the Council a recommendation that the applicant has met the goals in those areas in which they have findings of approval. He has concerns regarding the off-street parking because he is aware of how limited the parking is now while visiting at the Cascade Park Retirement Center. He applauded the applicant in making the facility look natural as it relates to the neighborhood but has some concerns on the mixing of patients within the facility but that is an issue to be addressed by the licensing agency. Mayor Jennings stated that there is a difference between traffic and parking, and he is more concerned about the parking issue. He questioned the City Attorney as to whether or not staff could be asked questions at this time. 5715 City Attorney Shields stated that the Council could not take anymore evidence but they can take information from the staff regarding contents of the ordinance or public hearing record. He stated that the question as to whether or not traffic and parking are different is an appropriate question of staff since it is a question on code requirement. Director Mulder stated that traffic and parking are two very different issues since one is an issue as to where cars go once they are on-site and the other issue is how they affect the street system. Councilor Figley stated that she agrees with the Planning Commission findings with the one caveat that she shares with the Council in that she is a little concerned as to whether or not there is enough on-site parking. This is an area that already is experiencing problems and walking is not a convenient option since there are no sidewalks along this side of the street. Councilor Nichols stated that his initial concern related to traffic since it is already difficult to get onto Highway 214 at the Cascade Drive intersection. He was unsure as to whether or not the on-site parking spaces would be sufficient to meet their needs. FIGLEY/MCCALLUM... concur with the Planning Commission's final order and deny Comprehensive Plan Amendment 01-02 and Zone Change 01-05 as they pertain to Parcel 3, approve Comprehensive Plan Amendment 01-02, Zone Change 01-05, and Site Plan Review 01-13 as they pertain to proposed Parcels 1 and 2, and approve Partition 01-07. Councilor Figley stated that her only concern is with the site plan review issue as it pertains to parking on Parcels 1 and 2. Councilor McCallum stated that the School District has rented space from the Presbyterian Church and, even though that type of arrangement cannot be made a part of Page 7 - Council Meeting Minutes, June 24,2002 ~ l I COUNCIL MEETING MINUTES JUNE 24, 2002 TAPE READING a condition, he felt that this type of suggestion would be worth pursuing by the applicant and other businesses in the area. Councilor Bjelland suggested that the City look at updating the City's parking standards for different types of facilities especially for those new types that are coming into our community. Tape 2 Attorney Shields stated that the Planning Commission's Final Order is based on of the existing code and a new code will be in effect as of July I, 2002 which has a different standard for on-site parking. Director Mulder stated that the new code for a nursing care facility is .25 spaces per living unit while an assisted living facility is .75 spaces per living unit. A living unit is defined as a room or suite of rooms providing living and sleeping facilities for one or more persons for either cooking, eating, or sanitation facilities that are shared. On roll call vote, the motion passed 4-1 with Councilor Bjelland voting nay. Attorney Shields stated that an ordinance will be brought back to the Council for formal action. 0542 DEPUTY POLICE CHIEF INTRODUCTION. Police Chief Russell introduced Debbie Youmans as the City's new Deputy Police Chief. He stated that she had been with the Lake Oswego Police Department over the last 25 years and he summarized her law enforcement work experience. She will be sworn into office on Tuesday, June 25t\ at 11:30 am in the City Hall Council Chambers. 0634 COUNCIL BILL 2395 - ORDINANCE ADOPTING A BUDGET FOR FISCAL YEAR 2002-03. MAKING APPROPRIATIONS. AND LEVYING TAXES. Council Bill 2395 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 2395 duly passed with the emergency clause. 0737 COUNCIL BILL 2396 - ORDINANCE AMENDING ORDINANCE 2300 TO REVISE THE 2001-02 MASTER FEE SCHEDULE RELATING TO WOODBURN DEVELOPMENT ORDINANCE 2313 AND LIEN SEARCH FEES. Council Bill 2396 was introduced by Councilor Chadwick. The two readings of the bill were 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 2396 duly passed with the emergency clause. 0820 COUNCIL BILL 2397 - ORDINANCE AMENDING ORDINANCE 2060 (PARK USE ORDINANCE) TO PROVIDE FOR USE OF ALCOHOLIC BEVERAGES IN CENTENNIAL PARK FOR EVENTS WHICH ARE CONDUCTED PURSUANT Page 8 - Council Meeting Minutes, June 24,2002 , COUNCIL MEETING MINUTES JUNE 24, 2002 TAPE READING TO A SPECIAL EVENT PARK USE PERMIT. Councilor Chadwick introduced Council Bill 2397 and Recorder Tennant read both readings of the bill by title only since there were no objections from the Council. Councilor Nichols expressed his opinion that the City should not be allowing this type of activity. The Council went through this same type of request with the Community Center many years ago and the City continues to pay for police protection for the purpose of keeping drinking drivers off the streets and now the City is considering the allowance of persons to consume alcoholic beverages at a City park. Then those same individuals will drive on the City streets following consumption of alcohol, same as what occurs in a tavern. Administrator Brown reviewed his staff report which outlines the proposal to allow for a beer and/or wine garden to go along with the Woodburn Berry Festival which is a signature event being developed for the City. He stated that these beer and wine gardens are mainstays of a lot of these sort of festivals that are found not only in Oregon but in other states where community-wide festivals are held. These are highly regulated areas which are cordoned off and separate security has been provided to regulate intake of patrons. The area is segregated and minors are not allowed to get into the area where alcohol is being served. Before the Council is a proposed ordinance with a set of guidelines that would be pretty difficult to meet by anybody other than very serious and responsible parties. Staff is suggesting that, under a very limited set of circumstances which includes the requirement that the organization take use of the entirety of Centennial Park, the organization may be able to serve alcoholic beverages. There would be a minimum fee of$I,275 and the organization would be required to have a Special Events Park Use Permit. The permit requires the submittal of a security plan which is approved by the City plus a site plan and details on other preventative measures to be taken to segregate minors from that area. Another requirement would be that an OLCC license is necessary to serve alcohol at this event and alcohol could not be brought into the area by patrons. Additionally, OLCC guidelines require that at least two different types of foods be served in conjunction at that location. It was noted that this ordinance would allow for anyone else who meets this criteria to take advantage of this type of activity provided that all of the City conditions are met. There are no guarantees that there will not be some trouble but staff felt that the limitations would address a majority of the concerns. He stated that previous concerns regarding alcohol use which focused more on individuals or small groups being able to come and go, whereas this proposal will limit the ability for serving alcohol at Centennial Park to large organized events with responsible persons putting on those events. He stated that, whether or not the Council passes this ordinance at this meeting, it is an issue that he wanted to get out to the Council for consideration since the new Community Center plan has the proposed structure on the portion of Settlemier Park that is not deed restricted and staff would be coming back to the Council to discuss the possibility of serving alcoholic beverages or allowing people, under the right set of regulations, the opportunity to serve alcoholic Page 9 - Council Meeting Minutes, June 24,2002 1 COUNCIL MEETING MINUTES JUNE 24, 2002 TAPE READING beverages at that facility in order keep the revenue flows necessary to make these facilities a going concern. The immediate issue is whether or not alcoholic beverages can be served at the Berry Festival next month with the longer term issue being something the Council can begin to think about with respect to a new Community Center facility. The ordinance also amends the Special Use Policy for the park and there would be a Special Event Permit application that would need to be submitted and approved by administrative staff. 1405 Councilor Figley stated that there are events of this type all over the state and her concerns are in the area of liability insurance impacts for the City and any feedback received from other jurisdictions that have had a similar type of policy. Chief Russell stated that the Use license is granted either to a permittee who currently has an GLCC permit and does either catering or has the ability to have an off-site license. The conditions that would apply to that GLCC license in and/or on their premise would apply to wherever they go to an off-premise event. The permitee would also be responsible for making sure that patrons do not over indulge and that food is available. Another license is available to municipalities that are just as restricted. The City has the ability to make sure that the security plan calls for enough people to monitor what is going on so that patrons are not being over dispensed. The responsibility is on the permittee but the Police Department does feel comfortable with the way the Parks Use Permit is drawn up so that when it is presented to the Police Department it can be either affirmed or denied depending on what will be supplied for their security and their providers. It was noted that there are no restrictions on who can obtain the park use permit but only OLCC will determine who the permittee is who can dispense the alcohol and OLCC is the regulatory agency that issues the temporary sales special event license. In regards to the liability insurance, Recorder Tennant stated that applicants are required to list the City as an additional insured so that the Special Events Policy insurance limits would include the City. If the City is sponsoring the event on City property, there is the liability exposure that is a part of use of our grounds but the insurance requirement for the alcohol permittee will provide the City with some additional protection. Councilor McCallum stated that this is not an easy decision for him to make since he does belong to other organizations that fight against alcohol use. He felt that the Administrator had laid out good rationale even though he does not particularly agree with all of the points. Ultimately, the City needs to look at ways of generating income to keep facilities available for public use. He did not feel that the City should be in the promotion of alcohol but, in looking at it as a revenue generator and it can be done safely, it does need to be considered. His involvement with organizations that spend millions of dollars on prevention, treatment, and enforcement of violation of alcoholic rules is why he would be opposed to this proposed ordinance. His lack enthusiasm for changing the present ordinance comes from a number of reasons, one of which is that it opens the door for other things such as the Community Center. Some local businesses Page 10 - Council Meeting Minutes, June 24,2002 , .. , COUNCIL MEETING MINUTES JUNE 24, 2002 TAPE READING want to have alcoholic beverages at their location but have been turned down by the City and he is worried that any number of things can happen if an organization does follow the application process and holds an event. He stated that he will be voting in favor of the ordinance since the current ordinance was not meant to be restrictive on events such as the Berry Festival. In his opinion, the Berry Festival could stand on its own merits without involving alcohol but he understands why the issue is before the Council. He feels that people need to have a choice and people are responsible. He also felt that this type of festival will attract people to Woodburn and the City needs to look at this opportunity for generating revenue in the community. He will continue to look at each case that comes along individually and he does not want to see the City in a position where the City needs to raise money through alcoholic sales in order to keep operating. It is his hope that revenues generated will go towards the promotion of Woodburn and local residents will support and volunteer at this event. Councilor Nichols agreed that the Berry Festival will be a great event and a great asset to the community but he disagreed with having to allow alcohol as a means to raise revenues. An alternative would be to pay an entrance fee at the gate in lieu ofthe allowing alcohol to be served. Problems have been experienced in the past at the Community Center and at the Woodburn Armory and he does not want the City to get involved in this type of activity. Councilor Figley stated that she was on the Park Board, along with Councilor Nichols, when they were dealing with some of the issues affecting the Community Center and she acknowledges how offensive noise or bad behavior can be in a neighborhood setting. In this case, Centennial Park does not have the same neighborhood issues that might be applicable for either Settlemier Park or Legion Park. Even though the Berry Festival probably has enough going on for it to stand on its own, she agreed with Administrator Brown that this is an issue that will be addressed again if a new Community Center is built. She does not feel that the City is trying to prey on people's weaknesses when there is a market for conventions, anniversaries, weddings, and that type of function where having a caterer able to serve alcohol and not being able to serve alcohol would have an impact on the decision as to where the event is held. Even though the Community Center is not a topic as it relates to this proposed ordinance, it does need some thought for the future and for this particular special event given the restrictions which seem to be comparable to those that are seen in other communities. At this time, she is prepared to vote in favor of the ordinance but she is also fully prepared to vote to repeal the ordinance if there is a potential problem at a later date. The vote on Council Bill 2397 was 4-1 with Councilor Nichols voting nay. This bill will be brought back to the Council at the next regular meeting since it did not receive unanimous approval on the first date it was introduced for Council consideration. Page 11 - Council Meeting Minutes, June 24,2002 1 COUNCIL MEETING MINUTES JUNE 24, 2002 TAPE READING 2546 COUNCIL BILL 2398 - RESOLUTION AUTHORIZING TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2002-02. Council Bill 2398 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 2398 duly passed. 2615 COUNCIL BILL 2399 - RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATIONS WITHIN A FUND DURING FISCAL YEAR 2001-02. Councilor Chadwick introduced Council Bill 2399. 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 received unanimous approval and Mayor Jennings declared the bill duly passed. 2656 COUNCIL BILL 2400 - RESOLUTION ACCEPTING A GRANT FROM THE CORPORATION OF NATIONAL SERVICE RELATING TO THE RETIRED SENIOR VOLUNTEER PROGRAM AND MAKING APPROPRIATIONS. Councilor Chadwick introduced Council Bill 2400. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 2400 passed unanimously. The Mayor declared the bill duly passed. 2718 COUNCIL BILL 2401 - RESOLUTION AUTHORIZING TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS TO CLOSEOUT THE CENTENNIAL PARK PROJECT. Council Bill 2401 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 received unanimous approval of the Council. Mayor Jennings declared Council Bill 2401 duly passed. 2773 COUNCIL BILL 2402 - RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT WITH MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS FOR GRANT ADMINISTRATION SERVICES FOR THE CONSTRUCTION OF THE CIPRIANO FERREL EDUCATION CENTER. Council Bill 2402 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 2402 duly passed. Page 12 - Council Meeting Minutes, June 24,2002 , I' I COUNCIL MEETING MINUTES JUNE 24, 2002 TAPE READING 2835 COUNCIL BILL 2403 - RESOLUTION GRANTING UNITED DISPOSAL SERVICE. INC. AN ADJUSTED RATE SCHEDULE FOR PROVIDING SOLID WASTE SERVICE WITHIN THE CITY AND REPEALING RESOLUTION NO. 1447. Councilor Chadwick introduced Council Bill 2403. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill received unanimous approval. Mayor Jennings declared Council Bill 2403 duly passed. 2900 COUNCIL BILL 2404 - RESOLUTION ENTERING INTO A GRANT CONTRACT WITH OREGON DEPT. OF LAND CONSERVATION AND DEVELOPMENT (DLCD) FOR PERIODIC REVIEW OF PLANNING ACTIVITIES. Council Bill 2404 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. The Mayor declared Council Bill 2404 duly passed. 2991 LIABILITY. AUTO. PROPERTY. AND WORKERS' COMPENSATION INSURANCE PROPOSALS FOR FISCAL YEAR 2002-03. FIGLEY/NICHOLS... authorize the City Administrator to secure insurance contracts for fiscal year 2002-03 for general liability, property, and workers' compensation coverage following further analysis of quotes received from the insurance companies. The motion passed unanimously. 3025 RECEIPT AND ALLOCATION OF GRANT FUNDS FOR PURCHASE OF BULLETPROOF VESTS. The Police Department has received a Bureau of Justice Assistance grant in the amount of $2,077.94 which will provide for 50% of the funds required to purchase 7 bulletproof vests. FIGLEY/NICHOLS...approve receipt and allocation of grant funds for the purchase of bulletproof vests. The motion passed unanimously. 3080 BID NO. 22-28: CONTRACT AWARD FOR MILL CREEK WASTEWATER PUMP STATION AND INTERCEPTOR IMPROVEMENT PROJECTS. Bids were received from the following contractors: Emery & Sons, $367,800.00; Triad Mechanical, $711,336.00; and TEK Construction, $781,000.00. The engineer's estimate for this project was $356,100. FIGLEY/MCCALLUM... award the bid for Mill Creek wastewater pump station and interceptor improvements project to the lowest qualified bidder, Emery & Sons, in the amount of $367,800. Mayor Jennings questioned if the area along the south side of Highway 214 near Front Page 13 - Council Meeting Minutes, June 24,2002 .. .... I COUNCIL MEETING MINUTES JUNE 24, 2002 TAPE READING Street will be cleaned up once this project is complete. Public Works Director Tiwari assured the Mayor and Council that the area will be landscaped. Councilor Figley questioned the difference in the bids from the contractors. Director Tiwari stated that staff has reviewed the bids and feels comfortable with the bid presented by Emery & Sons who is a responsible contractor that has worked in the area for a long time. The City's engineer's estimate is close to that of the bid, however, the City will be careful to make sure that the work is performed as to the specifications. The motion passed unanimously. 3217 BID NO. 22-30: CONTRACT AWARD FOR RESURFACING IMPROVEMENTS. Bids for the resurfacing project were received from the following contractors: Parker Northwest Paving, $81,510.50; D & D Paving, $84,402.50; Morse Bros., $92,731.50; Roy L. Houck, $94,160.50; Salem Road & Driveway, $96,267.50; and North Santiam Paving, $96,469.00. The engineer's estimate for this project was $95,262.00. BJELLAND/MCCALLUM... award the construction contract to the lowest responsible bidder, Parker Northwest Paving, for the resurfacing improvements to Country Club Terrace, Stark Street, Jana Avenue, Jana Court, and Stark Court in the amount of $81,510.50. The motion passed unanimously. 3273 BID NO. 22-25: CONTRACT AWARD FOR CONSTRUCTION OF A POLE BARN BUILDING AT THE W ASTEW A TER TREATMENT PLANT. Bids for a pole barn were received from the following contractors: M & W Building Supply, $40,243.00; Parker Buildings, Inc, $48,677.00; MSS, Inc., $54,836.00; Richard Freedle Construction, $56,575.00; Al Fromherz Construction, $72,784.00; and Cleary Building Corporation, $74,566.00. FIGLEY /NICHOLS... award the contract for the construction of a pole barn building at the Wastewater Treatment Plant to M & W Building Supply in the amount of $40,243.00. The motion passed unanimously. 3311 ANNUAL SYSTEM DEVELOPMENT CHARGE REPORT. Finance Director Gillespie provided an annual report on system development revenues and projects funded as required by state statute. NICHOLS/FIGLEy.... adopt the report. The motion passed unanimously. 3359 OLCC LICENSE APPLICATION: THE RANCH RESTAURANT AND LOUNGE (980 N. PACIFIC HIGHWAY). A change of ownership liquor license application was submitted by TT &C, Inc (Thomas & Trudy Thiele and Cynthia Markovitz) for the Ranch Restaurant and Lounge. Staff recommended that a Full On-Premise Sales license be approved by the Council. FIGLEY/BJELLAND... approve the liquor license change of ownership. The motion Page 14 - Council Meeting Minutes, June 24,2002 ., .. I COUNCIL MEETING MINUTES JUNE 24, 2002 TAPE READING passed 4-1 with Councilor Nichols voting nay. 3396 SITE PLAN REVIEW #02-04: REOUEST TO PLACE MODULAR CLASSROOM A T WOODBURN HIGH SCHOOL. No action was taken by the Council on the Planning Commission's action to approve the School District's proposal to place a modular classroom on the north side of the high school within an existing parking lot. 3453 CITY ADMINISTRATOR'S REPORT. A) Letter to Marion County Board of Commissioners regarding the Urban Growth Management Project: Administrator Brown stated that the letter distributed at this meeting was prepared by the City's Consultant Greg Winterowd based on areas of discussion at the June 18th Council workshop on this issue. He reviewed the contents of the draft letter and solicited comments from the Council before the final letter is signed by the Mayor and submitted to Marion County. NICHOLS/FIGLEY... Mayor sign the letter and submit to Marion County. Councilor Bjelland felt that some of the language in the letter was harsher than what he would have anticipated since the Council did express some concerns about certain issues until some additional clarification was received. He felt that the letter had a certain tone to it that appears that the Council is against the concepts in general and he referred to the language on the second page, third paragraph from the end of the letter, as an example. He stated that he did not want to get into loggerheads with the County and he does not want to give the County the impression that the City will never be interested in signing a compact that would cover the areas that all jurisdictions can agree to. Further discussion was held regarding the contents of the letter and Administrator Brown stated that he would change the wording in the area addressed by Councilor Bjelland to say "..Some are concerned..." rather than "...We are concerned...", and reference in that same paragraph, last sentence, to add "...this particular "countywide framework..." so that it is clear that the document that was recently reviewed by the Council is the one that Council has some concerns and would like clarification on before entering into a compact. The motion passed unanimously. B) Letter to Marion County Board of Commissioners regarding a Law Enforcement Bond Levy: Administrator Brown stated that it had recently come to staffs attention that the Commissioners will be holding a public hearing on a proposed Law Enforcement Bond Levy on July 3, 2002, therefore, staff had drafted a letter for Council consideration, and if approved, the Mayor would sign the letter which would be submitted to the County Commissioners as part of the hearing process. Mayor Jennings stated that he is aware of at least one other city that feels similar to Woodburn regarding the County's attempt to place a bond levy on cities who will not be Page 15 - Council Meeting Minutes, June 24,2002 .... ... I COUNCIL MEETING MINUTES JUNE 24, 2002 TAPE READING receiving any benefit from the levy. Councilor McCallum stated that he had already received a telephone call from a Marion County Commissioner regarding Woodburn's potential opposition to the proposed levy. He stated that he had indicated to the Commissioner that, as a private citizen, he would be in favor of the levy just to get the discussion out in the open and before the people. Administrator Brown stated that staff had been notified late Friday of the upcoming public hearing and it was decided to include it on this agenda since there would not be another Council meeting before the July 3rd hearing. With the Council's permission, he would send a copy of this letter to all of the cities in Marion County that currently provide their own police service and suggest that they consider sending a similar letter to the County. 4570 NICHOLS/FIGLEY... authorize the Mayor to sign the letter and forward it to the Marion County Board of Commissioners. The motion passed unanimously. 4593 MAYOR AND COUNCIL REPORTS. Councilor Nichols invited the public to attend a pre-4th of July musical program at the Nazarene Church on June 30th at 10:00 am which is open to public. Councilor Figley encouraged Woodburn residents to attend the Chuckwagon Breakfast and/or the 4th of July Celebration at the high school. Councilor McCallum stated that he serves as Council liaison to the Fire Department, and, at their last meeting Board has gone on record that they will be submitting a $4.6 million bond issue for new equipment and a new fire station for the November 2002 ballot. He also reminded the public that the "Relay for Life" for cancer research will be held at the high school beginning on Friday, June 28th, at 6:00 pm and will continue through Saturday, June 29th, until 12:00 noon. The opening ceremony for this first year event in Woodburn will be held on Friday at 7 :00 p.m. and the luminary ceremony will be held on Friday at 10:00 p.m.. 4850 Mayor Jennings expressed his opinion that the Fire Department has been very supportive of the City on the Urban Renewal program and he will be supporting their effort to pass a bond levy in November since he feels that there is a need for these capital improvements. He also stated that he will be at the Relay for Life in support of this fundraiser for the Cancer Society. 4990 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn into executive session under the authority ofORS 1 92.660(1)(h) and ORS 1992.660(1)(f). FIGLEY/NICHOLS... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 9:46 p.m. and reconvened the meeting at Page 16 - Council Meeting Minutes, June 24,2002 1 COUNCIL MEETING MINUTES JUNE 24, 2002 TAPE READING 10:00 p.m.. 5017 No action was taken by the Council during executive session. Mayor Jennings questioned the status of negotiations with AFSCME (American Federation of State, County, and Municipal Employees) and WPA (Woodburn Police Association). Administrator Brown stated that negotiations will begin in July with AFSCME representatives, whereas negotiations with the Woodburn Police Association will begin later this year since their contract will expire on June 30, 2003. 5140 ADJOURNMENT. FIGLEY/NICHOLS... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:03 p.m.. APPROVED. ATIEST M(!h~~ City of Woodburn, Oregon Page 17 - Council Meeting Minutes, June 24,2002 .... -~.-~-".".._....., ...._-,~"~,,..'"-,~~~,._._-,-,_._----- ,