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Minutes - 09/09/2002 COUNCIL MEETING MINUTES SEPTEMBER 9, 2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARlON, STATE OF OREGON, SEPTEMBER 9, 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 Present Staff Present: City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Community Development Director Mulder, Park Director Westrick, Finance Director Gillespie, City Recorder Tennant Mayor Jennings stated that Administrator Brown is out oftown on vacation and during his absence, Public Works Director Tiwari was appointed as Acting City Administrator. 0063 ANNOUNCEMENTS. A) Public Hearing: A public hearing on proposed ambulance rate adjustments will be held before the City Council on Monday, September 23, 2002, at 7:00 p.m.. 0092 PRESENTATION: OREGON PARKS AND RECREATION ASSOCIATION. Director Westrick introduced Jeff Munro and Frank Jagodnik who have been touring the City's parks and recreation facilities in an effort to see what resources various communities have available to their residents. Jeff Munro, OPRA President, stated that Woodburn is the 18th of21 agencies they have been touring this year. The site visits have given him an opportunity to compare facilities and to view the different type of work agencies get involved in within their community. He also expressed his appreciation to Director Westrick and Kathy Willcox for their service as OPRA Board members. Frank Jagodnik, OPRA Executive Director, stated that OPRA has 600 members representing over 125 agencies statewide. He stated that OPRA has worked on projects such as the local government grant program through Oregon State Parks. Additionally, they work very closely with the League of Oregon Cities and Special Districts Association on any park and recreation issue. He reiterated their appreciation of having Randy Westrick and Kathy Willcox serve as OPRA Director and Treasurer respectively. Page I - Council Meeting Minutes, September 9,2002 COUNCIL MEETING MINUTES SEPTEMBER 9, 2002 TAPE READING Director Westrick stated that the Association supports the Land Water Conservation Fund which is the revenue source for almost one-half of the Skate Park that will soon be constructed in Settlemier Park, and the local government grant program which has provided for partial funding of Phase II of Centennial Park. He stated that the Association has worked hard for parks and recreation in this state and, in his opinion, the member agencies and residents of the State are better because of the advocacy for parks and recreation for local governments by the Oregon Parks & Recreation Association. 0376 PROCLAMATION: DAY OF REMEMBRANCE - SEPTEMBER 11. 2002. Mayor Jennings read the proclamation declaring September 11, 2002 as a Day of Remembrance within the City in respect for those who lost their lives as a result of the terrorist attack on the USA and to honor police and fire personnel who daily perform courageous acts to protect the citizens in our community. Councilor McCallum requested that a copy of this proclamation be given to each member ofthe City's Police Department and to the Woodburn Fire District. 0532 CHAMBER OF COMMERCE REPORT. Alma Grijalva, representing the Chamber Board, provided the Council with information on the following upcoming Chamber events: 1) Business After Hours will be held on September 12th at Prudential Real Estate Professionals from 4:30 pm until 6:00 pm; 2) Chamber Forum will be held on September 18th in the Rose Room at the Woodburn Crossing Conference Center with the Fire Station and the Community Center bond issues as the topic of discussion; 3) this year's Youth Leadership program will consist of students from Woodburn, North Marion, Gervais, and St. Paul; and 4) the annual Chamber auction will be held on September 27th at the Oregon Golf Association beginning at 5:30 pm. She also stated that the Chamber is doing very well and they will be having a strategic planning session on October 2nd. She encouraged the Council to contact them on anything they would like the Chamber to consider for the upcoming year. 0665 COMMUNICATIONS: LETTER FROM WOODBURN FIRE DISTRICT. Mayor Jennings read a letter from Don Alleckson, Operations Captain, inviting the Mayor and Council to tour the Regional Fire Training facility on September 10th following the regular Board meeting which begins at 7:30 p.m.. Councilors Nichols, McCallum, and Chadwick indicated that they would like to attend the tour. Page 2 - Council Meeting Minutes, September 9,2002 COUNCIL MEETING MINUTES SEPTEMBER 9, 2002 TAPE READING 0750 CONSENT AGENDA. A) approve the regular and executive session Council minutes of August 26, 2002; B) accept the Community Center Planning Committee notes from the meetings of August 8 and 22, 2002; C) accept the Building Activity Report for the month of August 2002; D) receive the Planning Project Tracking Sheet dated September 5, 2002; E) receive the report on the November 5, 2002 General Election filings; F) receive the status report on the Mill Creek Pump Station; G) receive the status report on the Heritage Park ADA Access Ramp; and H) receive the report on the Marion County Library District Feasibility Study. In regards to the telephone poll which was done as a part of the Marion County Library District Feasibility Study, Councilor Figley expressed her pleasure in seeing that almost 90% of the 100 randomly selected telephone interviews rated the Woodburn Public Library as either good or excellent in providing library services. Mayor Jennings requested that this item be removed from the Consent Agenda and be dealt with as a separate item under General Business. FIGLEY/SIFUENTEZ... items A through G ofthe Consent Agenda be accepted as presented. Councilor Nichols stated that in the Council minutes of August 26, 2002, page 3 (Chamber of Commerce), the name "Cathy" Wolfer is spelled with a K and not a C. The motion passed unanimously. 0903 PUBLIC HEARING: FRANCHISE FOR AMBULANCE SERVICE IN THE CITY OF WOODBURN. Mayor Jennings declared the public hearing open at 7:16 p.m.. Finance Director Gillespie briefly reviewed the concept of a franchise which is that the right-of-way belongs to the public and for-profit organizations should not use the right-of- way without the public being compensated. This hearing pertains to a franchise for ambulance services provided by Woodburn Ambulance Service, Inc. He stated that the proposed ambulance franchise would be a non-exclusive franchise for 10 years and would require the franchisee to maintain a business office with reasonable hours within the City. It would also require the franchisee to provide 24-hour / 7 days per week responses. The proposed fee is I % with the first year fee to be $12,584 with the fee for each subsequent year to be updated to reflect the actual prior year gross revenues earned by the franchisee from within the city limits. Shawn Baird, representing Woodburn Ambulance Service, Inc., stated that the company has provided ambulance service to the Woodburn community for approximately 25 years. He has been working with the Finance Director to develop a draft ordinance that would serve the interest of all parties. He briefly reviewed their accounting practices which would provide the data necessary to determine the gross revenues subject to the I % fee. Page 3 - Council Meeting Minutes, September 9, 2002 COUNCIL MEETING MINUTES SEPTEMBER 9, 2002 TAPE READING Councilor McCallum questioned Mr. Baird as to how things have changed for their firm due to changes in ambulance industry. Mr. Baird stated that the major change was in the federal Medicare program which has heavily impacted the West Coast states since the reimbursement has moved from the high end for reimbursement to the low end of reimbursement. As a result, Woodburn Ambulance now has at least I paramedic responding to calls but the partner may be trained to a lesser level. They feel that they can still provide the same amount of care but next biggest issue they will be facing will be looking at how many units they can adequately staff not only in Woodburn but in other areas in Marion County in which they do business. No one in the audience commented on the proposed ambulance service. Mayor Jennings declared the public hearing closed at 7:24 p.m.. FIGLEYINICHOLS.... renew the franchise for ambulance service in the City of Woodburn with Woodburn Ambulance and direct staff to prepare an ordinance reflecting our decision similar to the draft ordinance in the agenda packet. The motion passed unanimously. 1402 ACCEPTANCE OF UTILITY EASEMENT: 1550 N. PACIFIC HIGHWAY (Safewav Retail Center). Staff recommended the acceptance of the water line and utility easements from Pacific Realty Association in conjunction with the Safeway Retail Center. FIGLEY/SIFUENTEZ... accept the water line easement granted by Pacific Realty Association, L.P., as described in Attachment A. The motion passed unanimously. FIGLEYINICHOLS... accept the utility easement granted by Pacific Realty Association, L.P., as described in Attachment B. The motion passed unanimously. 1440 ACCEPTANCE OF UTILITY EASEMENT: 1510 N. PACIFIC HIGHWAY (Jehovah's Witness). Staff recommended the acceptance of a utility easement for the extension of water main and franchise utility extensions and upgrades in conjunction with the Safeway Retail Center. FIGLEYINICHOLS... Accept the utility easement granted by Jehovah's Witness. The motion passed unanimously. 1490 MARION COUNTY LIBRARY DISTRICT FEASIBILITY STUDY. Mayor Jennings stated that he felt that the Council needed to go on record on this issue since the consultants did list three options in their report. He felt that the Council should put closure to this issue and recommended that the Council accept Option A as listed in the consultant's report. Page 4 - Council Meeting Minutes, September 9, 2002 -+-~.-. COUNCIL MEETING MINUTES SEPTEMBER 9, 2002 TAPE READING FIGLEY/SIFUENTEZ... acknowledge the recommendations ofthe consultant in connection with the Marion County Library District Feasibility Study and go on record as supporting Option A which is no change. Councilor Bjelland questioned if this issue has been before the Library Board and, if so, do they concur with this recommendation. Director Tiwari stated that this study has been presented to the Board and they have accepted the recommendation to make no changes at this time. Councilor Figley reiterated that the public provided very positive feedback on the our Library and, even though the City taxpayers are paying more for this service than other local jurisdictions, the public seems to feel that they are getting exceptionally good service in return. On roll call vote, the motion passed unanimously. 1778 CITY ADMINISTRATOR'S REPORT. Director Tiwari reported that the rip-rap project at the Pudding River was recently completed. This project was authorized by the Council last November, however, it took a substantial amount of time to obtain all of the necessary permits and approval process. The deadline for completing this project was September IS, 2002. 1959 MAYOR AND COUNCIL REPORTS. Councilor Chadwick stated that, after receiving some encouragement from her constituents in Ward IV, she decided to file for the Ward IV Councilor position in the November election. Councilor Sifuentez stated that she had received a complaint from a constituent that the traffic speed on Brown Street is greater than the speed limit and this individual who lives on Brown Street has offered the use of their driveway as a location for the Police Officer to park and watch for violators. The concerned resident had indicated that the problem does occur in the morning hours, however, there are more motorists speeding on that stretch of roadway in the evening hours after 6:00 p.m.. Councilor Chadwick stated that she had also received complaints about the traffic speed and the increased number of vehicles traveling on Astor Way. Mayor Jennings stated that Astor Way is a collector street and the City cannot do anything about the number of cars that travel on that street. Councilor Bjelland gave a briefreport on the Growth Management Framework public hearing that was held before the Marion County Commissioners last week. He stated that the Commissioners had agreed to ask the State to extend the timeframe for getting an agreement between the cities on the intergovernmental agreement and to hold a workshop or series of sessions with the involved cities to explore the concerns that were raised by the cities. Page 5 - Council Meeting Minutes, September 9, 2002 COUNCIL MEETING MINUTES SEPTEMBER 9, 2002 TAPE READING Councilor McCallum stated that the Marion County Law Enforcement Levy publication is now available and he encouraged the public to go to the Marion County website and look at this information before they cast their vote on this measure. He stated that the measure is for $56 million over a 4-year period and there are a number of items involved in the levy. His two concerns involve the closure ofthe sub-station in Woodburn and the new juvenile center. It is his understanding that the County has invested a lot of money to renovate office space located off of Monitor-McKee Road that was given to them for this year for the sub-station. In regards to the juvenile center, it is also his understanding that approximately $200,000 ofthe $500,000 needed to operate this facility will be part of the levy and he is concerned that at the end of 4 years there may be some funding issues that will need to be addressed by the County. Councilor McCallum stated that Saturday, October 12th, will be Woodburn's Fall Clean- up Day and more details will be announced as they are developed by the Committee. 2443 Councilor Figley stated that Woodburn was more direct than some cities in expressing concerns relating to the Growth Management Framework with the County Commissioners. She stated that communication amongst all affected agencies is of a major concern and she hoped that there will be a positive conclusion for all parties involved. Councilor Nichols requested that Willow Street be added to the list of streets that need traffic enforcement for speeding motorists. He suggested that the City look into the installation of speed bumps similar to those that are used in other communities for the purpose of slowing down the speed of traffic. Mayor Jennings stated that he would like to know what liability the City would incur if the speed bumps are installed. He also stated that portable radar guns are also available to the public for their use in reporting specific cars to the Police Department who will then take appropriate action. Director Tiwari stated that the motorcycle enforcement team is doing an excellent job and, unless they are pulled back, the City will continue to see positive results within the City. Mayor Jennings stated that he could not attend the public hearing before the Commissioners, however, he is glad to hear that they are willing to continue discussing this issue. He did express concern that the Commissioners may very well do what they want to do even though the cities are not in total agreement. Councilor Bjelland reminded the Council that the Marion County Growth Management Framework is an intergovernmental agreement and, if the City does not agree with what is being proposed, then the agreement does not need to be signed by the City. Page 6 - Council Meeting Minutes, September 9,2002 COUNCIL MEETING MINUTES SEPTEMBER 9, 2002 TAPE READING 3070 Mayor Jennings expressed his concern about the County's Law Enforcement levy when it includes funding for operations rather than all capital construction costs. Once the 4-year levy expires, there will be a need to continue funding operational costs but there are no designated funds at this time to insure that funding will be available for this purpose. He suggested that the voters look at this issue very closely before making a decision. 3224 ADJOURNMENT. MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:50 p.m.. APPROVED ~~. ATTEST Mary enn t, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, September 9, 2002