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Minutes - 10/28/2002 COUNCIL MEETING MINUTES OCTOBER 28, 2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, ST ATE OF OREGON, OCTOBER 28,2002. 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 (7:02 pm) Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Community Development Director Mulder, Police Chief Russell, Park & Recreation Director Westrick, Finance Director Gillespie, Recreation Supervisor Sjothun, Management Analyst Smith, City Recorder Tennant 0063 ANNOUNCEMENTS. A) Temporary Closure of Aquatic Center: The facility will be closed for annual maintenance from October 27th through November 8th. B) General Election, November 5, 2002: Registered voters were reminded that Woodburn City Hall is a designated Marion County ballot drop site. C) Closure of City Offices: City Hall will be closed on Monday, November 11 th, in observance of Veteran's Day. D) Rescheduling of Council Meeting: The regular Council meeting scheduled for November 11,2002 has been rescheduled to Tuesday, November 12th, at 7:00 p.m... E) Rescheduling of Recreation and Park Board Meeting: The November 12, 2002 meeting ofthe Board has been rescheduled to Tuesday, November 19th. APPOINTMENT. Mayor Jennings appointed Vasily Chernishov to the student position on the Library Board with his term to expire on September 30, 2004. FIGLEY/MCCALLUM... approve the appointment of Vasily Chernishov to the student's position on the Library Board. The motion passed unanimously. Page I - Council Meeting Minutes, October 28, 2002 COUNCIL MEETING MINUTES OCTOBER 28, 2002 TAPE READING 0126 CHAMBER OF COMMERCE. Mary Graves, representing the Chamber Board, provided information on the following upcoming events: I) Crystal Apple Awards, sponsored by West Coast Bank, are scheduled for November 22nd with the event to be held at the Wittenberg Inn in Keizer. These awards are presented for outstanding achievement by Woodburn School District employees and it is an opportunity for our community members to thank award winners for their outstanding effort in their work to educate Woodburn's children. Tickets for this event can be purchased either through the School District or Chamber office. 2) Woodburn's Community Profile Book will soon be re-printed. This is a team project between the Chamber and the Woodburn Independent and the Chamber will be using this book as a fundraiser for the upcoming year. 3) Chamber Forum Luncheon will be held on November 20th and the guest speaker will be Fred Miller, Senior VP with PGE, who will be providing information on electrical rates, PGE ownership, and the energy outlook for 2002 in the Portland Metro and Mid- Willamette Valley areas. She also reported that the Chamber has launched a campaign to boost local tourism with an advertisement and caption that will provide a more consistent image of Woodburn. The Chamber is interested in receiving public comment on the caption. Additionally, she updated the Council on increased visitor counts and website hits over the last year. Councilor Figley complimented the Chamber on their website which displays an extremely positive and professional website. Ms. Graves also provided information on the annual Christmas Treelighting Ceremony scheduled for November 24th at Woodburn Company Stores. She stated that this is the 4th year for this event and numerous programs have been planned focusing on a family theme. The tree lighting ceremony will begin at 5:00 p.m.. 0548 DOWNTOWN ASSOCIATION REPORT. Bruce Thomas, WDA Vice President, reported on the progress of the tree lighting project. The wiring will be done on November 9th and lights will be strung in the trees along Front Street. It was noted that the lights will be operational year-round. Additionally, the WDA, Chamber, and Chemeketa Community College will be presenting a cross culture marketing class on December 5th at 7:00 p.m.. 0638 COMMUNICATIONS: CURBSIDE FOOD DRIVE. A letter was received from the Mid-Valley Garbage & Recycling Association informing the Council that the 7th Annual Curbside Food Drive resulted in 11.44 tons of non- perishable food items donated to the Marion Polk Food Share. It was noted that the Council received a corrected copy of the letter at this meeting which indicates that 135,000 pounds of food had been collected since 1996. Page 2 - Council Meeting Minutes, October 28, 2002 COUNCIL MEETING MINUTES OCTOBER 28, 2002 TAPE READING 0680 CONSENT AGENDA. A) approve the regular and executive session Council Minutes of October 14,2002; B) accept the Library Board minutes of October 9,2002; C) receive the report on the Public Works Leaf Pick-up and Disposal Program for the fall of 2002; D) receive the report on the ICMA 401(a) Money Purchase Plan Consolidation; and E) receive the Woodburn Police Department Activities Report for August 2002. FIGLEY/SIFUENTEZ.... adopt the consent agenda as presented. The motion passed unanimously. 0722 COUNCIL BILL 2420 - RESOLUTION ENTERING INTO AN AGREEMENT WITH FARMWORKER HOUSING DEVELOPMENT CORPORATION RELATING TO CIPRIANO FERREL EDUCATION CENTER. Council Bill 2420 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 2420 duly passed. 0775 COUNCIL BILL 2421 - RESOLUTION AUTHORIZING FIRE PROTECTION WATER AND SANITARY SEWER SERVICES TO FOOD SERVICES OF AMERICA. INC.. PENDING ANNEXATION. Council Bill 2421 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. Mayor Jennings stated that Food Services of America, Inc., has submitted a letter to the City stated that they would be applying for annexation to the City. The Resolution also provides for a six-month sunset clause and if the annexation has not been completed, water could be turned off to the facility. Administrator Brown stated that it is anticipated that the annexation will be completed within the next 3 or 4 months. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2421 duly passed. 0912 STATE-LOCAL AGREEMENT RE: SETTLEMIER PARK SKATE PARK. FIGLEYINICHOLS... authorize the Mayor to sign the State-Local agreement with the State for a Land and Water Conservation Fund grant in the amount of$91,406.26 for the Settlemier Park Skatepark project. Mayor Jennings stated that the money has not been made available as of yet and signing this agreement will put the City one step closer to receiving funds when it does become available at the federal level. The motion passed unanimously. Page 3 - Council Meeting Minutes, October 28,2002 COUNCIL MEETING MINUTES OCTOBER 28, 2002 TAPE READING 1003 2002-03 DRAFT MASTER FEE SCHEDULE UPDATE. FIGLEY/MCCALLUM... approve the 2002-03 draft master fee schedule. Councilor Nichols stated that the hardship relief provision for utility bills applies only to those with $10,000 or less yearly income and, in his opinion, this amount is way below the poverty level. In those cases with a family size of more than 3, this income level should be increased to at least $12,000 ifnot $14,000. Administrator Brown stated that Councilor Nichols had brought this to his attention before and staff had promised him that they would look at income level. Unfortunately, that was not done but staff wi1l100k at this number and bring it up to a value that is more reflective of today' s poverty level figures or percent of poverty level. This may involve a sliding scale based on family size. Staff will also provide a report on how many households are currently under the hardship relief program. The motion passed unanimously. 1353 LIBRARY DIRECTOR EMPLOYMENT AGREEMENT. FIGLEy/CHADWICK.... approve and authorize the City Administrator to execute an employment agreement with the Library Director effective November 1, 2002. The motion passed unanimously. 1403 PUBLIC HEARING: Continuation of Subdivision Application No. 02-03 Reeardine Woodburn Crest Estates Mobile Home Park. Mayor Jennings stated that he would be opening the continued public hearing, however, he would request that it be continued until the first meeting in November per the request of the applicant and City staff. The Mayor opened the continued public hearing at 7:24 p.m.. FIGLEYINICHOLS.... continue the public hearing to the November 12,2002 Council meeting. Mayor Jennings stated that an agreement has been reached, however, the necessary development agreements have not been finalized for submittal to the Council. The motion to continue the public hearing passed unanimously. 1467 Mick DeSantis, 173 McLaughlin Dr., expressed his opposition to the Council's previous position regarding tree preservation within the City. In his opinion, property owners have property rights when the trees are outside of the public right-of-way and property owners have a right to groom their property to meet their needs. He did not feel that government should dictate whether or not a tree or trees can be cut down. He feels that the Street Tree provision in the Zoning Ordinance requires tree plantings so close that it should be considered as a hedge and, in his opinion, this landscape planting requirement is not attractive. Additionally, he questioned the City's logic in prohibiting the removal of older trees that could result in damage to a person's home during a windstorm whereas the City Page 4 - Council Meeting Minutes, October 28, 2002 COUNCIL MEETING MINUTES OCTOBER 28, 2002 TAPE READING will close down a City park during a windstorm as a safety precaution even though all of the trees look healthy. He reminded the Council that trees have a life just like people and the condition of the tree is not something that can always be seen from the outside ofthe tree. He reiterated that the Council should let the property owners make their own decision about trees on their property. 1963 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that there are two more components to the Cipriano Ferrel Education Center involving a trust deed which conveys an interest in the property to the City as part of the City's obligation in taking a $600,000 grant on behalf of this agency, and the responsibility of bidding out the construction work as the recipient of the grant. It was noted that bids came in higher than the architect's estimates so there has been some value engineering taking place to see if there is a way to get the project back under a cost figure that would then make it feasible for the money that is available. The Trust Deed is being worked out between attorneys and, if it can be completed by the first of next week, he questioned if the Council would be available to meet in a Special Meeting before the next regular Council meeting. It was the consensus ofthe Council to meet next Monday, November 4th, ifthe two issues are ready for Council consideration. 2184 MAYOR AND COUNCIL REPORTS. Councilor Figley stated another meeting will be held in Wilsonville tomorrow in regards to the what the City of Portland is doing on the possible acquisition ofPGE. As a PGE customer, she will be attending this meeting in addition to the Chamber Forum in November. Councilor McCallum congratulated the Public Works Department for the dedication of the Wastewater Treatment Plant and the flagpole at the Public Works building last week. At the flag dedication, the Oregon National Guard was represented which made a difference in that ceremony. He also congratulated the staff for the City newsletter which was a hi-lingual publication with several good stories and information. Lastly, as a co-chair of the Relay for Life event, he, along with co-chairs Cathy Heisen and Rhonda Judson, were nominated for a national award for that event and, even though they did not receive the award, they were invited to go to Orlando, Florida to talk about how they involved the community in this event. He will be attending this conference around November 21 st which is in the same time period as the Crystal Apple Awards, the Skatepark dedication, and the Christmas Treelighting program. Councilor Sifuentez also mentioned that the community newsletter is sponsored by merchants within the City and she commended Javier Meza for his efforts on this project. Page 5 - Council Meeting Minutes, October 28,2002 COUNCIL MEETING MINUTES OCTOBER 28, 2002 TAPE READING She also reminded the community that the Mayor's Roast will be held on November 15th and persons interested in attending are asked to call her for details on this event. Mayor Jennings stated that he had also received a positive comment on the layout ofthe newsletter from a local resident. 2585 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn to executive session under the authority ofORS 192.660(1)(e) and ORS 192.660(1)(f). FIGLEYINICHOLS.... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:42 pm and reconvened at 8:28 pm. 2608 Mayor Jennings stated that no decisions were made as a result of the executive and no action is required by the Council. 2625 ADJOURNMENT. FIGLEY /NICHOLS.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:30 p.m.. APPROVED~~ . ~ RICH RD JENNING MA Yrnr--' ATTEST @r~~ Mary ennant, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, October 28, 2002