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Minutes - 06/23/2003 COUNCIL MEETING MINUTES JUNE 23, 2003 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 23, 2003. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Veliz Present Present Absent Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Russell, Park & Recreation Director Westrick, Finance Director Gillespie, Public Works Manager Rohman, Street Superintendent Gwynn, City Recorder Tennant Mayor Figley stated that Councilor Cox was out of town, therefore, unable to attend this meeting. 0047 ANNOUNCEMENTS. A) Skate Park Temporary Closure: In order to complete final construction tasks, the Skate Park will be closed June 25,2003 through July 2,2003. B) Special Activities at the Library: June 26, 2003 - 2:00 p.m.: Roland Smith, author, will give a talk and slide presentation July 3, 2003 - 2:00 p.m.: Anne Louise Sterry, radio star, will sing and tell stories July 10,2003 - 2:00 p.m.: Teen Group will do face painting & sidewalk art for kids C) City Hall and Library will be closed on July 4th in observance of the holiday. The Aquatic Center will be open for public swim. D) Independence Day Celebration - July 4th: Activities scheduled within the City on July 4th include the annual Chuck Wagon breakfast at Legion Park from 7 :00 a.m. until 11 :00 a.m.; Youth Parade at 1 :00 p.m. beginning at Settlemier Park and concluding at Centennial Park; traditional 4th of July activities at Centennial Park; Koral Jam Band and other musical talent will entertain the crowd beginning at 6:00 p.m.; Cascade Surge soccer game at Legion Park beginning at 7:05 p.m.; and the Fireworks display will start after dusk. Page 1 - Council Meeting Minutes, June 23, 2003 -"-,...,._~.~.......<=~---...--..~_. ~ COUNCIL MEETING MINUTES JUNE 23, 2003 TAPE READING E) Public Hearing: The public hearing before the Council for Coastal Farm Supply has been continued to July 14, 2003, 7:00 p.m., in the City Hall Council Chambers. F) Park and Recreation Board Vacancy: Mayor Figley stated that there is an opening on the Board and citizens interested in serving on this Board are urged to apply. Mayor Figley also stated that the agenda included an item for appointments to the Sign Ordinance Focus Group, however, no appointments will be made at this meeting. 0313 PROCLAMATION: RELAY FOR LIFE. Mayor Figley read the proclamation declaring the week of June 22 - 28, 2003 as the American Cancer Relay for Life week and June 27 & 28th as Relay for Life Days within the City, and urged citizens to recognize and participate in the fight against cancer. She also stated that the City of Woodburn is a gold sponsor for the Relay for Life and all contributions made to obtain this gold sponsorship were paid for by the City management team, the City Council, and Mayor rather than using taxpayer dollars. 0484 PRESENTATION TO CITY EMPLOYEE - MATT GWYNN. Mayor Figley stated that she had received a number of comments on how much better the City parks look this year and, in particular, the landscaping around City Hall. Many extra hours were put in by Street Superintendent Gwynn on his own time to beautify our park areas. Mayor Figley introduced Matt Gwynn and expressed her appreciation for all of his work in beautifying our City. 0564 CHAMBER OF COMMERCE REPORT. Don Judson, representing the Chamber Board, stated that there were 25 teams participating in the annual Chamber Golf Tournament and the two winning teams were from Senior Estates. Upcoming Chamber events are as follows: 1) Grand Opening of Perfect Image Gift Shop on Thursday, June 26th, from 5:00 p.m. to 7:00 p.m.; 2) Grand Opening of the second Woodburn branch of Mid-Valley Bank on June 26th; 3) Relay for Life event will be held on June 27th and June 28th; and 4) Drums of Fire event will be held on July 2nd at the Woodburn High School athletic field. He stated that the Chamber is taking over this event from a group that has organized the event for many years. Tickets are still available but they need to be purchased at the Chamber office in advance of the event. 0714 CONSENT AGENDA. A) Approve the Council regular and executive session minutes of June 9, 2003; B) Accept the Recreation and Park Board draft minutes of June 10,2003; Page 2 - Council Meeting Minutes, June 23, 2003 "~"" ,. .,....~"---_.,~..,-.........."--'-".........,..--.,.._--,,._.__....~ . COUNCIL MEETING MINUTES JUNE 23, 2003 TAPE READING C) Accept the Planning Commission draft minutes of May 22, 2003; D) Accept the Livability Task Force minutes of April 22, 2003; E) Accept the Livability Task Force draft minutes of June 17,2003; F) Accept the Community Center planning notes of June 2, 2003; G) Receive the Claims for May 2003; H) Receive the Liability, Auto, Property, and Workers' Compensation Insurance report for fiscal year 2003-04; and I) Receive the proposal regarding the Portland General Electric (PGE) governance structure. MCCALLUM/NICHOLS... adopt the consent agenda as presented. The motion passed unanimously. 0781 COUNCIL BILL 2459 - ORDINANCE ADOPTING A BUDGET FOR FISCAL YEAR 2003-04. MAKING APPROPRIATIONS. AND LEVYING TAXES. Councilor Sifuentez introduced Council Bill 2459. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote, the bill passed unanimously. Mayor Figley declared Council Bill 2459 duly passed with the emergency clause. 0864 COUNCIL BILL 2460 - RESOLUTION CERTIFYING THE ELIGIBILITY OF THE CITY TO RECEIVE STATE-SHARED REVENUES DURING FISCAL YEAR 2003-04. Council Bill 2460 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 2460 duly passed. 0912 COUNCIL BILL 2461- RESOLUTION DECLARING CITY'S ELECTION TO RECEIVE STATE REVENUES DURING FISCAL YEAR 2003-04. Council Bill 2461 was introduced by Councilor Sifuentez. 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 2461 duly passed. 0962 COUNCIL BILL 2462 - RESOLUTION ENTERING INTO A WATER / W ASTEW A TER FINANCING PROGRAM FINANCIAL ASSISTANCE AWARD CONTRACT WITH THE STATE OF OREGON. Councilor Sifuentez introduced Council Bill 2462. The bill was read by title only since there were no objections from the Council. Mayor Figley stated that this resolution will authorize the City to receive an $8.4 million loan from the State for the City's water treatment project. Page 3 - Council Meeting Minutes, June 23, 2003 ."'-"--'''- ... ,.. COUNCIL MEETING MINUTES JUNE 23, 2003 TAPE READING On roll call for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2462 duly passed. 1065 LIQUOR LICENSE APPLICATION: YOUR NORTHWEST. INC.. Police Chief Russell recommended the approval of an off-premise sales liquor license to Your Northwest, Inc., for their business located at Woodburn Company Stores. BJELLAND/SIFUENTEZ... approve an off-premise sales liquor license for Your Northwest, Inc., located at 1001 Arney Rd. #416. The motion passed 4-1 with Councilor Nichols voting nay. 1105 LIQUOR LICENSE CHANGE OF OWNERSHIP APPLICATION: CACTUS GRILL T AQUERIA. Chief Russell also recommended the approval of a limited on-premise sales liquor license to the owners of Cactus Grill Taqueria who will be taking over the restaurant portion of the business inside Su Casa Imports located at 1032 N. Pacific Highway. BJELLAND/SIFUENTEZ... approve a limited on-premise sales liquor license for Cactus Grill Taqueria located at 1032 N. Pacific Highway. Councilor McCallum questioned if this license is beer only whereas the current license allowed the owners of Su Casa Imports to have a full commercial license. Chief Russell stated that Su Casa Imports did have a full license for distilled spirits in the restaurant portion, however, with the lease ofthe restaurant portion, the new restaurant operators want a beer-only license. Su Casa Imports will maintain their off-premise license which allows them to sell beer and wine. The vote on the motion was 4-1 with Councilor Nichols voting nay. 1233 V ACATION OF THORN STREET STUB ADJACENT TO SETTLEMIER PARK. BJELLAND/VELIZ... initiate vacation of the portion of Thorn Street right-of-way between Settlemier A venue and the west Settlemier Park boundary. The motion passed unanimously. A public hearing will be held in the near future on this proposed vacation. 1266 WEST LINCOLN STREET LOCAL IMPROVEMENT DISTRICT. Staff recommended that the Council proceed with the improvement project since representatives from only 15.11 % of the benefitted properties submitted a written remonstrance to the street improvement project. NICHOLS/MCCALLUM... instruct staff to prepare an ordinance ordering improvements to the unimproved portion of West Lincoln Street and adopting the Local Improvement District for said improvements. The motion passed unanimously. Page 4 - Council Meeting Minutes, June 23, 2003 T COUNCIL MEETING MINUTES JUNE 23, 2003 TAPE READING 1312 BID AWARD 23-16A: AQUATIC CENTER CHEMICAL SEPARATION BUILDING FOUNDATIONS. Bids were received from the following contractors: InSite Construction, $26,649; Daneal Construction, $26,780; and Mocon Corporation, $35,000. BJELLAND/NICHOLS... award Bid #23-16a for the foundation work on a chemical separation building at the Aquatic Center to the lowest responsible bidder, InSite Construction, for $26,649.00. The motion passed unanimously. 1360 BID AWARD #23-17: STREET RESURFACING IMPROVEMENTS. Bids for street resurfacing projects were received from the following contractors: D & D Paving, $68,746.15; Morse Bros., $74,896.15; Parker Northwest Paving, $75,443.15; Salem Road & Driveway, $77,443.15; North Santiam Paving, $87,312.95; and Roy Houck Construction, $91,447.50. The engineer's estimate for this project was $82,000.00. NICHOLS/VELIZ... award the construction contract to the lowest responsible bidder, D & D Paving, for resurfacing Greenview Drive, Greenview Court, Audrey Way, June Way and Orchard Lane in the amount of$68,746.15. The motion passed unanimously. 1405 LIABILITY INSURANCE COVERAGE FOR COPA MEXICO USE OF LEGION FIELD. Mayor Figley stated that this memo was a late addition to the agenda packet and staff is recommending that the Council waive the insurance requirements and be a participating sponsor for this first-time event in Woodburn. Councilor Veliz stated that he is the Board President of the Latino Educational and Recreational Network (L.E.a.R.N.) which is a non-profit organization co-hosting this event. BJELLAND/NICHOLS... waive insurance requirements for Latino Education and Recreation Network (L.E.a.R.N.) and extend liability coverage for Copa Mexico July 12, 13, & 19,2003. The motion passed unanimously. 1497 PUBLIC HEARING: ANNEXATION 03-01 AND ZONE CHANGE 03-01 (350 S. P ACIFIC HIGHWAY - FOOD SERVICES OF AMERICA). Mayor Figley declared the public hearing open at 7:25 p.m.. Recorder Tennant read the land use statement required under ORS Chapter 197. Mayor Figley stated that she is familiar with and drives by the property regularly. Councilor McCallum stated that he is also familiar with and drives by the property regularly. Community Development Director Mulder stated that the application would annex 41.57 acres of land into the City and would change the zoning from Marion County Commercial Page 5 - Council Meeting Minutes, June 23, 2003 .~. .>.,.....-..._.~..=--".".~-'-- ..~. .."........................->< .-" COUNCIL MEETING MINUTES JUNE 23, 2003 TAPE READING General and General Industrial zones to City of Woodburn Light Industrial zone. The Planning Commission heard the proposal at their May 22, 2003 meeting and they adopted the final order recommending approval of the annexation and zone change at their June 12, 2003 meeting. The property is currently developed with a large warehouse and distribution facility operated by Food Services of America. He stated that the applicant proposes to annex this property in response to a requirement set by the City Council as a condition of the City in continuing to provide public services to the property. The application satisfies all of the approval criteria for an annexation and zone change. 1950 Steve Abel, attorney representing Food Services of America, expressed his appreciation on the work done by City staff and the Planning Commission on this application. He stated that they are in agreement with the Commission's final order. No testimony was received in opposition to the annexation and zone change application. Mayor Figley declared the public hearing closed at 7:33 p.m.. BJELLAND/NICHOLS... approve Annexation 03-01 and Zone Change 03-01 and instruct staff to prepare an ordinance to substantiate the Council's decision. On roll call vote, the motion passed unanimously. 2152 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE DECISIONS. A) Conditional Use 03-03 and Design Review 03-04: The Planning Commission had approved a request from the Woodburn School District to construct a 19,670 square foot building for additional classrooms at Heritage Elementary School. No action was taken by the Council on this issue. 2184 MAYOR AND COUNCIL REPORTS. Councilor Veliz stated that he would be out of town the latter part of July and unable to attend the July 28,2003 regular meeting. Councilor McCallum thanked the Mayor for the Relay for Life proclamation and invited the public to attend this event which begins on Friday, June 27th, at 6:00 p.m.. At 10:00 p.m., the luminary ceremony will be held to read the list of names of people who have been lost to cancer and of those who have survived cancer. On Saturday, June 28th at 11 :30 a.m., the final lap and closing ceremonies will be held. Councilor McCallum also stated that Todd Bowman will begin his term on the Woodburn Rural Fire District Board and he will be replacing Phyllis McKean who has been on the Board for approximately 16 years. The remodeling project for the fire district is moving ahead and they hope to do groundbreaking ceremonies in August 2003. Councilor Sifuentez also stated that she would not be attending the July 28th regular meeting since she will be out of town. Mayor Figley stated that she would be in attendance for the opening ceremonies of the Relay for Life and will be walking in the Mayor's lap at the closing of the event. She also plans on participating on a bi-partisan team that will include State Representative Zauner Page 6 - Council Meeting Minutes, June 23, 2003 .. ,---- It ..... COUNCIL MEETING MINUTES JUNE 23, 2003 TAPE READING and State Senator Courtney. Councilor Nichols urged citizens to participate in the 4th of July activities and to attend the Drums of Fire event on July 2nd. 2527 EXECUTIVE S~SSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660( 1)( e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. NICHOLS/BJELLAND... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:41 p.m. and reconvened at 8:03 p.m.. Mayor Figley stated that no action was taken by the Council while they were in executive seSSIOn. 2570 ADJOURNMENT. NICHOLS/VELIZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:04 p.m.. .- ATTEST Mary Ten t, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, June 23, 2003