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Minutes - 04/14/2003 COUNCIL MEETING MINUTES APRIL 14, 2003 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 14,2003. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Veliz Present Present Present Present Absent Present Present 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, Senior Planner Zwerdling, Senior Engineering Tech. Scott, Aquatics Manager Newport, City Recorder Tennant Mayor Figley stated that Councilor Nichols was not in attendance due to an illness. 0062 ANNOUNCEMENTS. A) Woodburn Tulip Festival Parade will be held on Saturday, April 19, 2003, 10:00 a.m. in downtown Woodburn. Judging of entries will begin at 9:00 a.m.. B) The Library will be closed on Sunday, April 20, 2003, in observance of the Easter holiday. C) Cesar Chavez Day Celebration will be held at Woodburn High School on April 23rd from 5:00 pm to 8:00 pm. D) Annual Spring Clean-up will be held on April 26th from 8:30 am to 11 :00 am.. V olunteers are asked to report to the Woodburn High School front entrance parking lot for clean-up assignments. 0135 PROCLAMATION: DONATE LIFE MONTH. APRIL 2003. Mayor Figley proclaimed the month of April 2003 as Donate Life Month in support of this lifesaving program and urged citizens to carry a donor card or driver's license that authorizes organ and tissue donation. 0254 PROCLAMATION: VOLUNTEER WEEK. APRIL 27 - MAY 3. 2003. Mayor Figley proclaimed April 27 - May 3,2003 as Volunteer Week within the City recognizing individuals who have given their time, energy, and talents to help others. Page 1 - Council Meeting Minutes, Apri114, 2003 COUNCIL MEETING MINUTES APRIL 14, 2003 TAPE READING 0317 PROCLAMATION: CINCO de MAYO. MAY 5. 2003. Mayor Figley proclaimed May 5, 2003 as Cinco de Mayo Day in Woodburn in celebration of the cultural and linguistic diversity that the Hispanic heritage brings to the United States and our community. 0378 PRESENTATION: OREGON YOUTH AUTHORITY PRESENTATION OF FUNDS TO THE OREGON FOOD BANK. Gary Lawhead, Superintendent of MacLaren's Correctional Facility, stated that February is Oregon Food Drive month and the MacLaren staff, youth, and parents of some youth participated in this year's food drive. As a result, they were able to raise slightly over $2,200 which relates to approximately 26,000 lbs of food, all of which is being donated to the AWARE Food Bank. Nancy Stone, AWARE Food Bank Director, stated that the Governor's Food Drive has been an on-going program in which government employees have been donating cash or food items to the needy. This year, the food bank has experienced an increase in the number of families due to a higher number of unemployed individuals. Last month, the food bank assisted 596 families totaling over 3,000 individuals. She thanked the community for this on-going effort and Councilor Sifuentez for her coordinating this event at MacLaren. Gary Lawhead also thanked Councilor Sifuentez who is MacLaren's Volunteer Coordinator and Food Drive Campaign Chairman. Councilor Sifuentez also expressed her appreciation to City staff and other citizens in Woodburn who contributed to this worthy cause. 0577 PRESENTATION: STATUS REPORT ON OREGON CRIMINAL JUSTICE SYSTEM. Police Chief Russell stated that the City has been challenged by actions taken by other agencies on criminal justice issues within Oregon and this presentation is focused on how those actions are affecting our community and how our Police Dept. is trying to deal with the issues. As part of his slide presentation, he reviewed a flow chart that outlined how an arrest by a police officer moves through the criminal justice system whether it be an adult or juvenile. Our local Police function and state level jail functions are in fairly good shape but our department is operating under constraints due to rest of the system. Staff reductions in the Marion County District Attorney's office have eliminated first offense prosecutions for non-violent misdemeanors and drug possession cases and, with State Supreme Court mandates, will eliminate more cases due to budget constraints. The Oregon State Crime lab has added back 40 lab technicians but their backlog of cases has expanded with their reduction in force. The Law Enforcement Data System (LEDS) is under Oregon State Police and that department has not been reporting crime statistical Page 2 - Council Meeting Minutes, April 14,2003 ._-..,......,...~_. ...~-'_...........------ r COUNCIL MEETING MINUTES APRIL 14, 2003 TAPE READING information to the FBI due to staff reductions. He stated that LEDS reporting to the FBI allows the City to apply for and receive federal grant funds. The FBI has stated that they will continue to look at those grants as they are addressed by last year's crime statistics but it is unknown as to how they will continue to look at that information. The City may need to send our statistics directly to the federal government depending upon what the state decides to do on this reporting. It was also noted that the State Trooper force has been reduced and it takes longer for a trooper to respond to calls in our area. Chief Russell stated that the State Court system is one area that presents a major problem to the City. The main issue is that the courts are not hearing any non-violent misdemeanors until the next fiscal year and arrests now being made are not even scheduled for an arraignment until after July and as late as September 2003. Any indigent defense case will not be held until after July 2003 unless the case is a residential burglary or aggravated theft involving $10,000 or more. At the Marion County jail, the budget is tied to the state budget. They are currently at maximum capacity on most days and the ability to get a person in the jail is slim. Individuals arrested but not scheduled for an arraignment date in a short period of time cannot be held at the jail until the arraignment date. County budget problems will potentially call for the elimination of 8 probation/parole officers. The Juvenile Department is facing similar cutbacks, however, Peer Court is still an option for those juveniles who qualify. It was also noted that the Oregon Youth Authority is closing most of their facilities except for MacLaren which will house only the most serious juvenile offenders. The Oregon Dept. of Corrections will house only the most serious felony offenders and all increases in facilities have stopped due to budget constraints. In the Mental Health area, there has been a reduction of local beds for emergency commitments. They have approximately 90 days of prescriptions left to be distributed and there are no doctors available to give an individual assistance in what the individual should do other than to take the prescription. In summary, difficult economic times coupled with increasing crime trends, a lack of sanction for offenders beyond arrest, and the creation of repeat offenders creates public and officer frustration. The Police Department has established certain strategies to deal with the situation which include (1) targeted enforcement such as vehicle theft and graffiti; (2) increasing community policing, alternative problem solving, and crime prevention efforts; (3) increased police presence in problem areas; (4) set a goal of identifying resources to staff a Neighborhood Response Team; and 5) solve problems not just crime symptoms. During this crisis period, our community needs to improve our ability to resolve local crime issues locally, and work with the State and County to have the ability to impose adequate sanctions for offenders to support those efforts. He reiterated that the department's mission statement is to Serve and Protect citizens and property, and to establish partnerships with citizens to create a safe and secure community. He assured the public that the Police Department will work hard to solve the challenges that are before our community, committed to seeing Woodburn succeed, Page 3 - Council Meeting Minutes, April 14, 2003 COUNCIL MEETING MINUTES APRIL 14, 2003 TAPE READING strive to complete the Department's mission, and solve the problems rather than chase the symptoms. 1860 Mayor Figley expressed her appreciation to the Chief for providing the information even though it is very depressing news regarding the condition of our State Courts, State Police, and various other aspects of law enforcement. Chief Russell urged the public to continue to report crimes so that the department can identify specific problem areas within our community and the department can then work to solve the problem in that neighborhood. There may still be some sanctions for those individuals who have had multiple arrests and the department will work with the District Attorney's office on those cases. It was also noted that the Governor will not be seeking any income tax increases and he has stated that he will try to live within the budget which may result in an across the board 16% decrease in the public safety budgets. However, the Department of Corrections has bonded indebtedness that must be paid for on prisons built thereby making the rest of the public safety areas to make up about a 40% share of the reductions. The Police Department staff is trying to develop plans and ways to deal with the issues locally for at least the next two years. 2106 PRESENTATION: CIPRIANO FERREL EDUCATION CENTER STATUS REPORT. Roberto Franco, Farmworker Housing Development Corp. Executive Director (FHDC), provided the Council with a progress report on the Cipriano Ferrel Education Center construction project. He stated that construction began around December 15,2002 and some delay has been experienced due to adverse weather conditions. The contractor has asked for a two week extension on the contract in order to make up the time lost due to the weather. He stated that the construction project is within budget and completion date will be around June 30, 2003. The grand opening date will be October 5, 2003 rather than during the summer months. It is hoped that some projects within the facility will be completed by the grand opening date one of which is an art mural project. He stated that they have been working with the W oodbum High School art classes (metal shop, painting shop, and ceramic class) in making tiles for the center. He also mentioned to the Council that FHDC, in partnership with SAFECO Corp., will be bringing a theater company (Living Voices) from Seattle, W A, to depict the life and work of Cesar Chavez. The evening performance will be held in the Woodburn High School lectorium on April 22, 2003 and there is no charge to attend this performance. Mr. Franco expressed his appreciation to the Council and City staff in assisting FHDC in getting the education center built in our community. Sufficient funds have been secured to build, equip, and furnish the center. FDHC is waiting for one more donation but if it is not obtained it will not affect the project. Page 4 - Council Meeting Minutes, April 14, 2003 -~_._,. ,.--.---=. . COUNCIL MEETING MINUTES APRIL 14,2003 TAPE READING 2547 CHAMBER OF COMMERCE REPORT. Doug Hess, representing the Chamber, provided information on upcoming Chamber events: 1) On April 16th, Chamber Forum lunch will be held at Tukwila Center for Health and Medicine from 12:00 noon to 1:15 p.m.. Feature speakers will educate Chamber members on the Cascade Railway, Woodburn Historical Museum, and the Settlemier House. 2) On April 24th, Business after Hours will be held from 4:30 pm to 6:00 pm hosted by A & D Chiropractic and Naturopathic on Pacific Hwy. in Hubbard. 3) On April 19th, the Tulip Festival parade will begin at 10:00 am with Grand Marshals being Charlie and Becky Piper. Additional events to be held in downtown Woodburn on that day are a Downtown Fair at Warzynski Plaza, the Ballet Folklorico Infantil, a children's Easter egg hunt, crafts at the Library, The Mime: Omar Vargas, and a Teen Fashion Show designed and produced by Antonio Acevedo. An Easter egg hunt for adults will also be held at AI's Garden Center and the Woodburn Tulip Festival Drag Races will be held at the Woodburn Drags. Councilor McCallum congratulated Mr. Hess on the recent opening of his restaurant at Woodburn Crossing. 2702 WOODBURN DOWNTOWN ASSOCIATION REPORT. Bruce Thomas, representing WDA, stated that they would be participating in the Tulip Festival parade. After the parade, there will be some activities and food booths at Warzynski Plaza forthe public to enjoy. He stated that WDA has had contacts with the businesses in the downtown area to make them aware of the Tulip Festival activities and encourage their participation. The WDA will be helping at the annual Spring Clean-up and they will continue to work with the businesses on this issue. In regards to their membership, the WDA has completed a database of members with e-mail addresses and agendas will be sent out before the meetings with minutes to be sent out after the meetings. The WDA is also developing a web-page with a calendar of events and the minutes so that the public can read the facts as to what the WDA is doing in the community. The number 1 goal of WDA is to connect the downtown business owners with the WDA and with the Chamber of Commerce. The next WDA meeting will be held on April 161h, 7:30 a.m., at Lupita's on Front Street. 2950 CONSENT AGENDA. A) approve the Council minutes of March 24, 2003; B) accept the Livability Task Force minutes of February 4,2003; C) accept the Planning Commission minutes of March 13,2003; D) accept the Community Center Committee minutes of April 7, 2003; Page 5 - Council Meeting Minutes, April 14, 2003 ......---.. .~-,..._~~" I' COUNCIL MEETING MINUTES APRIL 14, 2003 TAPE READING E) receive the Building Activity Report for March 2003; F) receive the Planning Activity Tracking Sheet dated April 2, 2003; G) receive the Library Monthly report for March 2003; H) receive the Police Department Activities report for January 2003; I) receive the information on 911 Town Hall Consolidation meeting; and H) receive the claims for March 2003. Councilor McCallum thanked the Police Department for the format change made on the Police Department Activities report. COX/SIFUENTEZ... approve the Consent Agenda as presented. The motion passed unanimously. 3087 PUBLIC HEARING: VACATION OF PUBLIC EASEMENT WITHIN THE JOY VILLAGE SUBDIVISION. Mayor Figley declared the public hearing open at 7:50 p.m.. Public Works Director Tiwari stated that the legal notices of this hearing have been published and surrounding property owners notified. To date, no objections on the proposed vacation have been received by the City. He stated that the easement is located east of Boones Ferry Road and was originally planned as an extension of Country Club Road to Miller Farm Road in Tukwila. Plans have since changed and there will not be an extension of Country Club Road. A new subdivision was plotted in the affected area and the vacation process is required to vacate the easement. The City has no interest in keeping the easement since the utilities have been shifted and the public interest will not be prejudiced by the vacation. No one in the audience spoke either for or against the proposed vacation of the public easement. The public hearing closed at 7:55 p.m.. Mayor Figley requested that the ordinance incorporate findings of fact are clear in stating that the public easement is no longer at that location. BJELLAND/COX.... staffbe instructed to prepare an ordinance vacating the utility easement. The motion passed unanimously. 3612 PUBLIC HEARING: ANNEXATION 01-04. ZONE CHANGE 01-03. CONDITIONAL USE 02-08. DESIGN REVIEW 02-19. VARIANCE 03-03, VARIANCE 03-04. VARIANCE 03-05. AND EXCEPTION TO STREET RIGHT OF WAY AND IMPROVEMENTS REQUIREMENT 03-03. Mayor Figley declared the public hearing open at 7:56 p.m.. The Mayor stated that she walks by the affected property at least two or three times each week and she is quite familiar with the property. Her familiarity with the property will probably not have an affect on any decision she may make but if it does she will declare a conflict of interest. Page 6 - Council Meeting Minutes, April 14, 2003 .....~_...,',.,.~.'<_'.'h'_~........-..-"""'____~ COUNCIL MEETING MINUTES APRIL 14,2003 TAPE READING Councilor McCallum also stated that he is familiar with the property and its close proximity to the school. Recorder Tennant read the land use statement required by ORS Chapter 197. Senior Planner Zwerdling stated that the applicant and property owner is the City of W oodbum and the subject site is a 4.69 acre parcel of land located at 828 Parr Road. It was noted that Centennial Park lies to the west and south of the subject property and the middle and elementary schools are located to the east of the subject property. The property to the north is vacant land and is outside of the city limits. The applicant is requesting that the parcel of land be annexed into the City so that a zone change can be made from Urban Transition Farm (UTF) to Public and Semi-Public (P/SP) zone. Annexation of the property will allow for the construction of a water treatment facility which is part of the implementation of the capital improvement as specified in the City's Water Treatment Master Plan. The applicant is proposing a 3,800 sq. foot treatment plant, 80,000 gallon backwash tank, 2.7 million gallon storage reservoir, and a 400 sq. foot well house. The City requested three variances one of which would allow for a barbed wire fence, another variance would allow for the storage reservoir to be 52 feet in height whereas 35 feet is the maximum under the PISP zone, and the third variance would allow a for a 12 foot rear yard setback when the PISP zone calls for a minimum 35 foot rear yard setback. The City also requested an exception to the street right of way and modification of the street cross section for Parr Road which abuts the north side of the site. On April 10, 2003, the Planning Commission approved a final order recommending approval of Annexation 01-04, Zone Change 01-03, Conditional Use 02-08, Design Review 02-19, Variance 03-04, Variance 03-05, and Exception 03-03. The Planning Commission denied Variance 03-03 which is for a barbed wire fence. Mayor Figley questioned if there would be any landscaping that would conceal the height of the storage reservoir. Randy Rohman, Public Works Manager, requested Council reconsideration of the Commission's denial of Variance 03-03. He stated that the fence would be a 6 foot chain link fence with 3 strands of barbed wire on an outrigger arm which is a fairly standard type of security fence. After the events of September 11,2001, there has been increased emphasis in EP A and the federal government on security of facilities from potential terrorism acts. The City is required to complete a vulnerability assessment of the City's water system by June 2004 addressing these security issues. In designing the plant, the City's security consultants prefer that the plant and storage facility be surrounded by a minimum of a 6 foot chain link fence with the 3 strands of barbed wire with the outrigger arms. The chain link fence offers enhanced visibility and the fence, in conjunction with the barbed wire, offers an initial area of deterrence for entry. There will be additional security systems in the interior of the plant for access monitoring. Chain link fence already surrounds the facility however it does not have the barbed wire on the top portion of the fence. He requested that the Council consider modifying the conditions of Page 7 - Council Meeting Minutes, April 14, 2003 , COUNCIL MEETING MINUTES APRIL 14, 2003 TAPE READING approval to allow acceptance of Variance 03-03 which would then allow the installation of the 6 foot chain link fence with the 3 strands of barbed wire on top. In response to the Mayor's concern on the height of the reservoir, he stated that stafflooked at an economical balance between diameter and height of the tank and the 52 foot height will be fairly imposing but will not be too much out of balance if you look at the height of the school buildings. Staff will be looking for an appropriate color to paint the tank that would blend as much as possible with the surrounding area. Trees will be planted around the site to eventually obscure the site. The reservoir will be placed at the rear of the property to lessen the impact from the roadway. Additionally, the property to the north of Parr Road is zoned for residential use and placing it to the rear of the property would also lessen the impact from the future residential area. It was also noted that the Parr Road site is the major treatment facility of the 3 facilities to be built which is why it is a larger storage reservoir. For height comparison, the existing elevated storage tank is approximately 135 feet in height. Mayor Figley stated that she was skeptical of a deterrent effect other than for person(s) just wanting to get into the facility to do graffiti vandalism or something similar in nature. She was also glad that other security issues were being addressed that are far more dangerous relating to tampering with our water supply. Randy Rohman stated that a 6 foot fence can be scaled by most individuals and having the barbed wire will make it a more difficult task for an unskilled intruder to enter and vandalize the area. It was also noted that the security consultants preferred an 8 foot high chain link fence but staff felt that the 6 foot fence would blend in the area. Other security measures include access type of controls, motion type of detection, and security at the tank ladders and at the entry points to the tank itself. Preston Tack, 2197 Camellia Way, stated that, as a member of the Water Master Plan Committee, he was concerned from the beginning as to the safety and integrity of a plant of this kind. It is a vital facility and the City needs to take every means possible to insure that no one can get into the facility to damage it. The fence is only one item but it is a significant item and he urged that the fence be restored to the original plan. No one in the audience spoke in opposition to the application. Councilor Veliz questioned the placement of the fence. Randy Rohman stated that the fence would be located approximately 8 feet away from the well house and will parallel Parr Road but it will not go all of the way out to the right of way line since there will be a section of trees between the fence and right of way. Mayor Figley declared the public hearing closed at 8:25 p.m.. 6099 Councilor Cox stated that he felt that this was a necessary and well thought out project, however, he concurred with the Planning Commission's decision to deny the variance for the barbed wire fence. In his opinion, barbed wire is not attractive and the fence will be in the vicinity of the school and next to the park A serious terrorist or vandal will not be deterred by the barbed wire and the other security measures must be relied upon to alert Page 8 - Council Meeting Minutes, Aprill4, 2003 ......___.....~.w".....,._.. .. COUNCIL MEETING MINUTES APRIL 14, 2003 TAPE READING staff of the intrusion. He did not see any significant advantage to the barbed wire but felt there was a lot of emotional and aesthetic disadvantage to the barbed wire. He felt that the location of the reservoir was appropriate and was not concerned about the height or size of the tank. Councilor Sifuentez stated that the MacLaren School fence is of a different texture at the top and she questioned if the City looked into that type of fence. Randy Rohman stated that it was considered but the type of fence used at MacLaren is very large and a more imposing structure since it has to be very high. Staff felt that the 6 foot chain link fence with barbed wire was less intrusive. Councilor Bjelland expressed his opinion that the barbed wire fence will not stop an individual from getting into the area who is determined to do serious harm to the facility. He felt that the purpose of the barbed wire fence is to stop the casual person who wants to go into the facility to paint graffiti. He felt that a barbed wire fence would be feasible later if the City feels that it becomes a significant problem which needs to be addressed. Tape 2 Councilor McCallum stated that the treatment facility is a different complex from a park and the Planning Commission has done an excellent job in looking at livability and aesthetic qualities. The staff is also an advocate of livability but they agree with the consultants recommendation to install the fence with barbed wire. In his opinion, the Council should be following the staffs security recommendation and, even though it may not be needed now, it may be needed in the future. He felt that the City should do everything possible to secure facilities whether it be water, electricity, or wells. Councilor Veliz expressed concern with having a barbed wire fence next to a park, school, or residential area. He reiterated that persons intent on getting into the facility will use any mechanism they can in order to get through the fence. If there is a problem that needs to be addressed in the future, he would be willing to look at other options to make the area more secure. Mayor Figley reiterated that she could not support installing a fencing system that she did not feel would be a real deterrent to individuals intent on illegally entering the premises. 0660 COX/BJELLAND... approve in principle the decision made by the Planning Commission in all respects including the treatment of Variance 03-03 which is a denial, and approve the remaining applications, and instruct staff to come back with an appropriate ordinance with findings to support that decision at the next meeting. The motion passed unanimously. 0679 COUNCIL BILL 2440 - ORDINANCE TEMPORARILY CLOSING A PORTION OF NORTH FIRST STREET BETWEEN ARTHUR STREET AND GARFIELD STREET FOR OPERATION OF SATURDAY MARKET. Council Bill 2440 was introduced by Councilor Sifuentez. The two readings of the bill were read by title only since there were no objections from the Council. Page 9 - Council Meeting Minutes, April 14, 2003 or COUNCIL MEETING MINUTES APRIL 14, 2003 TAPE READING Councilor Veliz stated that one local business has a storage area on First Street near Arthur Street and they need to have access to the storage area on Saturdays. Chief Russell stated that the pass-through between Arthur Street and Montgomery Street will be clear so traffic will be able to flow east/west. The Downtown Association stated that they had talked to business owners in this area and the owners did not have a problem with the proposed street closure as long as Arthur Street and Montgomery Street were kept open. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2440 duly passed with the emergency clause. 0854 COUNCIL BILL 2441 - ORDINANCE AMENDING ORDINANCE NO. 2325 (THE MASTER FEE SCHEDULE FOR 2002-2003) TO REVISE OR REMOVE EXISTING FEES AND ADD NEW FEES FOR AQUATIC CENTER. Council Bill 2441 was introduced by Councilor Sifuentez. Recorder Tennant read the two readings of the bill by title only. Director Westrick stated that staff had reviewed the current Aquatic Center fees and charges and presented a new recreation fee package to the Park Board in February 2003. In March 2003, the Park Board approved a recommendation to the Council of a new fee schedule. Normally, fee revisions are reviewed by the Council in October, however, last fall the City was in the process of hiring a new Aquatics Manager and it was decided to wait until a Manager was hired who could then look at the current schedule of fees and make recommendations on a fee structure. He stated that the new fee structure is intended to: I) develop a formula that drives the way the City fees for daily admissions and multiple admission pass program; 2) provide market pricing in the mid-range; and 3) improve cost recovery and move toward the 50% recovery goal. Director Westrick stated that to obtain the 50% recovery, there will be a need to make some operational changes to accomplish this goal. Staff will be monitoring fees and attendance in an effort to maximize recovery and yet not eliminating people from the use of the pool. Steve Newport, Aquatics Manager, reviewed the recommended revisions to the fee schedule. In daily admission fees, a new category of Youth (ages 13 -17) is recommended. In Aqua Aerobics, currently the City only charges the daily admission fee but surrounding facilities charge an additional fee for that program. Punch card discounts would be lowered in that current practice is to have a 10 visit punch card whereby a patron pays for 9 visits and the loth visit is free. He is proposing that the 10 visit card be eliminated and replaced by a 20 visit card whereby a patron pays for 19 visits and the 20th visit is free. In regards to yearly membership fees, he is proposing a change in the formula based on visits to the facility. The calculation of the family membership fee is Page 10 - Council Meeting Minutes, April 14, 2003 ---"........--..._~_. ... T' COUNCIL MEETING MINUTES APRIL 14, 2003 TAPE READING based on the number of family members to receive a membership card. He also proposed an annual pass with a monthly billing to make it more affordable during the year rather than paying up-front. The monthly billing would involve a contract with the patron and include an administrative fee for servicing the account. The 3-month pass will also be increased using a similar formula method. Lastly, swim lessons, lifeguard training, and pool rentals will also be increased to recover most of the costs incurred in providing these classes and facility rental. Councilor McCallum expressed his concern that the youth are hit the hardest in the new category and it is important that staff carefully watch the situation so that this group does not get left out due to the price increase. Over the years, the City has tried to provide activities for the youth and, even though everyone needs to pay, this group seems to get hit the hardest with the restructuring. He understood that cost recovery needs to be considered but he did not want to exclude these individuals from use of the facility due to the admission cost. Aquatic Manager Newport stated that his reasoning for raising the youth prices was that they are harder to manage and it requires more manpower to monitor the pool during open swim. Currently, the usage numbers for each group have not been kept by staff. Councilor Cox stated that he agreed with Councilor McCallum but felt that the revenue figures versus operational costs show that the City needs to do the best they can to reasonably recover as much as the City can without causing too much of a hardship on any of the user groups and maintaining pool utilization. He felt that this is an opportunity to try and increase the revenue and if numbers are down then look at revisions this fall when the Master Fee Schedule is updated. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2441 duly passed with the emergency clause. 2206 COUNCIL BILL 2442 - RESOLUTION AUTHORIZING TEMPORARY INCREASE IN THE POLICE DEPARTMENT POLICE OFFICER STAFFING LEVEL FOR THE PERIOD OF APRIL 15.2003 THROUGH MAY 31. 2003. Councilor Sifuentez introduced Council Bill 2442. 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 Figley declared Council Bill 2442 duly passed. 2280 COUNCIL BILL 2443 - RESOLUTION ENTERING INTO AN BLANKET PURCHASE AGREEMENT WITH SALEM AREA TRANSIT DISTRICT TO PROVIDE NON-EMERGENCY MEDICAL TRANSPORTATION FOR MEDICAID AND OREGON HEALTH PLAN RECIPIENTS. Council Bill 2443 was introduced by Councilor Sifuentez. 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 Figley declared Council Bill 2443 duly passed Page 11 - Council Meeting Minutes, April 14,2003 --"..........--.. .,-~_.-................~............--.. COUNCIL MEETING MINUTES APRIL 14, 2003 TAPE READING 2349 COUNCIL BILL 2444 - RESOLUTION COMMITTING MATCHING FUNDS. ENSURING FISCAL OVERSIGHT. AND IDENTIFYING THE SIGNATURE AUTHORITY FOR THE WOODBURN HERITAGE CENTER EXTERIOR AND FACADE IMPROVEMENTS PROJECT. Councilor Sifuentez introduced Council Bill 2444. The bill was read by title only since there were no objections from the Council. Councilor Bjelland questioned if the City had received any updated verification on the status of the grant request. Administrator Brown stated that staff had called the State agency that administers the grant last week and was told that there was a reservation given and it is the State's intent to honor the reservation. Staff is proceeding as if the City will receive the money, however, if the State decides not to award the funds staff will notify the Council. On roll call vote, the bill passed unanimously. Mayor Figley declared Council Bill 2444 duly passed. 2475 ENGINEERING REPORT: WEST LINCOLN STREET IMPROVEMENT. Public Works Director Tiwari stated that this project is on the Capital Improvement Project list and the engineering report is the next step in the local improvement district process. The proposed improvement would pave the gravel road surface to the standard local residential street width of 34 feet (approximately 1, I 00 feet in length), provide on- street parking and sidewalks on both sides of the street, curbs, drainage, and lighting improvements. The project is located on West Lincoln Street beginning just west of Kotka Street and extending west to meet the improved street portion near Cascade Street. The City has replaced the sub-standard storm drain and water lines. The estimated cost for this project is $194,500 with the cost distribution being a $40,000 cost share from the City, and a local improvement district assessment of $154,500. He stated that the distribution of costs to properties within the local improvement district were calculated based on a combination of lineal front footage (50%), area per acre (50%), and, if applicable, a $500 driveway approach cost. It was also noted that properties within the district that currently have another means of access to an improved public street would receive a 50% reduction in the area cost distribution. The maximum assessment to benefitted properties will be the amount as proposed in the engineering report and any additional costs for this project would be paid for by the City. Some of the benefitted properties are in the development application process and, as part of the Planning Commission's approval, there will be condition that either the developer would sign a non-remonstrance agreement which would be recorded at the County or the developer could pay their share of the estimated assessment in cash. It was also noted that work done in that area to date would not be assessed against the benefitted properties. Property owners will be able to finance their share of the assessment over a ten-year period at an estimated interest rate of 6.5%. Interim construction financing will be accomplished Page 12 - Council Meeting Minutes, April 14, 2003 >~-~....._-~ COUNCIL MEETING MINUTES APRIL 14, 2003 TAPE READING through interfund borrowing of city funds. Staff recommended that the Council approve the engineering report as presented and direct staff to prepare a resolution of intent to improve the street. Councilor Cox questioned if the Council could change the formula for the assessment distribution before the ordinance is passed to authorize the improvement once the engineering report is approved. Director Tiwari stated that the engineering report outlines staffs recommendation and the resolution of intent will set a public hearing date. During the hearing, Council will receive input from the affected property owners and, at that time, the Council can modify the formula which would result in a change of the assessments. The next step would then be passage of an ordinance to authorize the improvement which also establishes the assessment for each benefitted property. COX/MCCALLUM... approve and accept the engineering report as presented and direct staff to prepare a resolution of intent. The motion passed unanimously. 3810 BID NO. 23-10: HERITAGE PARK ACCESS RAMP CONTRACT AWARD. Bids for an ADA compliant access ramp at Heritage Park were received from the following contractors: Pacific Land Construction, $21,659.00; Axis Curb, Inc., $24,463.00; Parker NW Paving, $28,332.50; Westview Builders, $30,093.00; and ACS, Inc., $39,744.00. The Engineer's estimate for this project was $19,500. BJELLAND/SIFUENTEZ... award the contract for Heritage Park access ramp to the apparent low bidder, Pacific Land Construction, in the amount of$21,659.00. The motion passed unanimously. 3850 BID NO. 23-12: SELF-PROPELLED EASEMENT CLEANER. Bids for an easement cleaner were submitted by the following vendors: Municipal Supply Company, $20,077.00; EnviroClean, $23,123.00; and Ben-Ko-Matic, $24,374.00. BJELLAND/SIFUENTEZ.... award City of W oodbum Bid Number 23-12 for a self- propelled easement cleaner to Municipal Supply Company for $20,077.00. The motion passed unanimously. 3907 LIQUOR LICENSE APPLICATION: DENNY'S AT WOODBURN. A change of ownership liquor license application was submitted by Denny's at Woodburn, LLC. BJELLAND/SIFUENTEZ... approve a Limited On-Premise Sales liquor license for Denny's at Woodburn, LLC, 2919 Newberg Highway. The motion passed unanimously. 3963 CANCELLATION OF APRIL 28. 2003 COUNCIL MEETING. Mayor Figley stated that she would be on vacation and Councilor Sifuentez would be out of town on April 28th, therefore, she suggested that the meeting be cancelled. Page 13 - Council Meeting Minutes, April 14, 2003 COUNCIL MEETING MINUTES APRIL 14, 2003 TAPE READING MCCALLUM/COX... cancel the City Council meeting of April 28, 2003. The motion passed unanimously. 4030 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Conditional Use 02-04, Design Review 02-15, and Variance 03-03 (515 S. Settlemier Avenue). The Planning Commission approved an application submitted by the City of Woodburn on a conditional use and design review for a proposed 400 square foot well house and a variance to street standards. No action was taken by the Council on this decision. B) Planning Commision's Action on Conditional Use 02-07, Design Review 02-18, and Variance 03-02 (202 Young Street). The Planning Commission approved an application submitted by the City of Woodburn on a conditional use and design review for a proposed 3,730 square foot water system control center to be located at 202 Young Street. Variance 03-02 involved street right of way and street improvement requirements to Young Street (Variance A), "A" Street (Variance B), "B" Street (Variance C), and Broadway Street (Variance D). The Commission approved Variances A, B, and C, and denied the full street improvement on Variance D. No action was taken by the Council on this decision. 4100 CITY ADMINISTRATOR'S REPORT. A) Administrator Brown reminded the Council that a budget workshop will be held on April 15th at 7:00 p.m.. B) The next quarterly City newsletter will be going out to the public next week and, in his opinion, the newsletter is improving with each edition. C) The City will be an official sponsor of the Relay for Life at the gold level membership. Contributions to fund this sponsorship have been committed by department heads and City Council rather than public funds being used for the sponsorship. 4314 MAYOR AND COUNCIL REPORTS. Councilor McCallum thanked staff and Council for participating in the Relay for Life event which is a fundraiser for the Cancer Society. This year's sponsorships have already gone over 2.5 times their established goal and event coordinators are now forming teams. The Woodburn Police Association is also a sponsor and they are forming a team for this event. Councilor McCallum also reminded the public of the Spring Clean-up scheduled for April 26th and groups partnering with the Livability Task Force on this project are Portland General Electric, Woodburn Downtown Association, Chemeketa, and MacLaren. Page 14 - Council Meeting Minutes, April 14, 2003 r COUNCIL MEETING MINUTES APRIL 14, 2003 TAPE READING Lastly, Councilor McCallum invited the public to attend Woodburn Together's annual meeting on April 29th, 6:30 p.m., Tukwila Medical Center, with the guest speaker being State Senator Peter Courtney. Topics of discussion will be programs such as the Teen Scene Program and Peer Court. Members will also elect a new President for 2003 at this meeting. Councilor Sifuentez informed Councilor McCallum that MacLaren volunteers will be doing clean-up on Friday, April 25th, from north city limits along Highway 99E (Patrick Industries) south to AI's Garden Center. She also thanked all volunteers who give up their valuable time and talents to the City to make our community a better place. Mayor Figley stated that she was given the opportunity to select a Mayor's Choice Trophy at the Glatt House Tulip Festival Art Show and to award certificates to the various winners. She gave credit to the Glatt House organization who has worked many years to provide quality art to our community. The Mayor stated that she would be out of town the week of April 28th and will try to find a replacement for the two events she had been asked to attend during that week. Mayor Figley also announced that the City will be having a July 4th celebration as in the past and, even though economic times may be harder compared to the past and there are still unknowns about terrorist activities, the committee is moving forward with plans for this year's celebration. The location for the celebration has been changed to Centennial Park due to the continued development in the Tukwila area, safety constraints and fire issues. The committee is also organizing a 4th of July parade from Legion Park to Centennial Park. 4957 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of (1) ORS 192.660(1 )(h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed; (2) ORS 192.660( 1 )(0 to consider records that are exempt by law from public inspection; and (3) ORS 192.660( 1)( d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations. MCCALLUM/SIFUENTEZ...adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 9:43 p.m. and reconvened at 10:07 p.m.. 4996 Mayor Figley stated that no decisions were made by the Council in executive session. COX/BJELLAND... Council authorize the City Attorney to prepare, and the Administrator to sign, a settlement agreement with Hollywood Entertainment Corp. to include the following terms: Page 15 - Council Meeting Minutes, April 14,2003 --" --..-- t COUNCIL MEETING MINUTES APRIL 14, 2003 TAPE READING 1. That Hollywood will not seek a variance for the Highway 99E off-premises sign but will remove it within 30 days after the agreement is signed; 2. The City will allow the two existing wall signs on the building to remain on the building and will not enforce the Woodburn Sign Ordinances to require the removal of those two signs with the understanding that it will be those two specific signs for that specific owner only; 3. The City will agree to pay to Hollywood the sum of$720.00 to reimburse them for their cost in removing the off-premise sign; and 4. The agreement, upon signing, will be binding on both the City and Hollywood Video. The motion passed unanimously. 5170 ADJOURNMENT. MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:09 p.m.. ATTEST ;r;:4~ Mary Ten nt, Recorder City of Woodburn, Oregon Page 16 - Council Meeting Minutes, April 14, 2003 r Executive Session COUNCIL MEETING MINUTES April 14, 2003 DA TE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 14,2003. CONVENED. The Council met in executive session at 9:50 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Veliz Present Present Present Present Absent Present Present Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant The executive session was called under the follow statutory authority: l) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660(1)(h); 2) to consider records that are exempt by law from public inspection pursuant to ORS 192.660(1 )(f); and 3) to conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(1)(d). APPRO ~- ADJOURNMENT. The executive session adjourned at 10:06 p.m.. ATTEST (f 1~~~ Mary Ten nt, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, April 14, 2003 T