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Minutes - 07/14/2003 COUNCIL MEETING MINUTES JULY 14, 2003 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 14,2003. CONVENED. The meeting convened at 7:00 p,m. with Mayor Figley presiding. 0013 Mayor Figley stated that Police Officer Jim Seeley's wife passed away last Thursday and, out of appreciation and friendship for Officer Seeley and in respect for his wife, she held a moment of silence. 0100 ROLL CALL. Mayor Figley Present Councilor Bjelland Present Councilor Cox Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Councilor Veliz Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Park & Recreation Director Westrick, Finance Director Gillespie, Public Works Manager Rohman, Senior Planner Zwerdling, City Recorder Tennant 0115 ANNOUNCEMENTS. A) Music in the Park 2003: Musical performances are held on Tuesday evenings from 7:00 pm to 8:30 pm with the Roundhouse Bluegrass performing on July 15th and the Maharimbas performing on July 22nd. B) Mayor's Cup Golf Tournament will be held on August 8,2003 at the Senior Estates Golf course. C) 4th Annual Walt's Run will be held on August 9, 2003 at Centennial Park. D) rd Annual Berry Festival will be held on August 8 and 9,2003 at Bauman Farms. E) Sign Ordinance Focus Group: Mayor Figley stated that she has one position still open and she hopes to make appointments to this group at the next meeting, 0211 PROCLAMATION: iOTH ANNUAL NATIONAL NIGHT OUT - AUGUST 5.2003. Mayor Figley read the proclamation declaring August 5, 2003 as National Night Out in Woodburn and urged local residents to support this program which promotes cooperative police-community crime, drug, and violence prevention efforts. She stated that she was looking forward to accompanying the Police Chief or Deputy Chief to visit the neighborhood gatherings and she urged the Council and local citizens to participate in this annual event. Page 1 - Council Meeting Minutes, July 14, 2003 ~ h. . __'~._._...__~.... ......_.. ,', _, ."""" ",_.._.'_~._._._."~'~'__ _K__...~.""""'-_"",__,"'_ _",_~, "'b~ .'" "_~"~~.-...."",,__'_~ COUNCIL MEETING MINUTES JULY 14, 2003 TAPE READING 0336 PROCLAMATION: RECREATION AND PARKS MONTH - JULY 2003. Mayor Figley read the proclamation declaring the month of July 2003 as Recreation and Parks Month within the City and urged citizens to visit City parks, the Aquatic Center, and/or take part in a recreation program or special event. 0422 2003 FRIENDS OF THE PARK AWARDS. Mayor Figley presented awards to the following: 1) Dan Christensen - in recognition for his many years of volunteer service in coaching baseball, basketball, and football to Woodburn area youths. 2) Marion Soil and Water Conservation - in recognition for their partnership with the City to improve the City's environmental quality by providing valuable technical assistance and funding improvements with the Mill Creek Greenway. 0576 CHAMBER OF COMMERCE REPORT. Kathy Wolfer, representing the Chamber Board, stated that the Drums of Fire event continued to be an excellent show and plans are in the making to expand the seating capacity for next year's event. Upcoming Chamber events are as follows: 1) Business After Hours - Chamber at the Drags will be held on July 17th at the Woodburn Drag Strip from 4:30 pm to 6:30 pm. 2) Business After Hours - Miles Chrysler, Jeep, Dodge dealership will host this event on July 24th from 4:30 pm to 6:00 pm. She also distributed the Chamber's monthly statistical report on visitors, telephone calls, e-mail, website hits, and informational packets provided to the public. It was noted that the year-to-date numbers are almost at the annual goal set by the Chamber last year. 0707 CONSENT AGENDA. A) approve the regular and executive session Council minutes of June 23, 2003; B) accept the Planning Commission minutes of June 12,2003; C) accept the Recreation and Parks Board meeting draft minutes of July 8, 2003; D) receive the Aquatic Center revenue comparison report; E) receive the Library Monthly Report for May 2003; F) receive the Building Activity report for June 2003; G) receive the Planning Project Tracking Sheet dated June 18,2003; H) receive the Police Department statistical report for March 2003; I) receive the report relating to the 20th Annual National Night Out event; and J) receive the report listing the claims for June 2003. Councilor McCallum stated that the Teen Scene program continues to operate during the summer months and it is doing very well. NICHOLS/MCCALLUM... adopt the consent agenda as presented. The motion passed unanimously. Page 2 - Council Meeting Minutes, July 14, 2003 ..___..,_'.......-_~_.,__...'.""" .................. .._,.'~_.".""._..-___.", _~. .h__.,~_".,_.~"',_."__",, ..'.____'-_.o ._._....__~""_ .____,._,_'..,.... .... COUNCIL MEETING MINUTES JULY 14, 2003 TAPE READING 0812 COUNCIL BILL 2463 - ORDINANCE ANNEXING 41.57 ACRES OF PROPERTY LOCATED AT 350 S. PACIFIC HIGHWAY AND GRANTING A ZONE CHANGE TO CITY IL (Li~ht Industrial) ZONING DISTRICT (Food Services of America. Inc.). Councilor Sifuentez introduced Council Bill 2463. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2463 duly passed. 0929 COUNCIL BILL 2464 - ORDINANCE RELATING TO IMPROVEMENTS OF A PORTION OF WEST LINCOLN STREET BETWEEN CASCADE DRIVE AND LEASURE STREET. ADOPTING A LOCAL IMPROVEMENT DISTRICT. DIRECTING THE CONTRACT AWARD. AND PROVIDING FOR PAYMENT OF COSTS THROUGH ASSESSMENT OF PROPERTIES WITHIN THE LOCAL IMPROVEMENT DISTRICT. Council Bill 2464 was introduced by Councilor Sifuentez. The two readings ofthe bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2464 duly passed with the emergency clause. 1029 COUNCIL BILL 2465 - RESOLUTION INITIATING A LOCAL IMPROVEMENT DISTRICT PROJECT FOR STREET IMPROVEMENTS ON THE ALLEY BETWEEN GARFIELD STREET AND CLEVELAND STREET. Council Bill 2465 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 2465 duly passed. 1082 LIQUOR LICENSE APPLICATION: BOWERS STEAKHOUSE.327N Pacific Hwy. A change of ownership liquor license application for the business establishment located at 327 N, Pacific Highway was submitted by the owners of Bowers Steakhouse and Rumors Bar & Grill. BJELLAND/SIFUENTEZ.... approve a full on-premise sales liquor license for Bowers Steakhouse at 327 N. Pacific Highway. Police Chief Russell stated that Bowers Steakhouse will operate their restaurant in the same building as Rumors Bar & Grill. Initially, Rumors had a license for the restaurant and lounge but Ms. Wiltsey, Rumors owner, will be surrendering her license for the restaurant and she has entered into a partnership with the owners of Bowers Steakhouse who will be operating the restaurant. Councilor Cox stated that OLCC has some very strict regulations to be followed on the joint operation of a restaurant and lounge business, Page 3 - Council Meeting Minutes, July 14,2003 ".. . ' '" ..,."_..,.,.....<>~.,._--.-_"~..,~...,.,.,~......-.-"'__...,_''''..,...,~ ~.."."_.,.~~~,_,._._f~_"".__,.,"'"" COUNCIL MEETING MINUTES JUL Y 14, 2003 TAPE READING Councilor McCallum stated that his concern involves increased activity along Highway 99E. He has no complaints in regards to this particular license application but he is concern about general issues surrounding traffic and other activities that occur along Highway 99E in the Woodburn area. The motion to approve the liquor license application passed 5-1 with Councilor Nichols voting nay. 1370 ACCEPTANCE OF PUBLIC RIGHT-OF-WAY: 395 SHENANDOAH LANE. As a condition of approval in Site Plan Review case 02-06, Kerr Contractors is conveying additional public right-of-way. NICHOLS/COX..... accept the public right-of-way from Kerr Contractors. The motion passed unanimously. 1430 CONTRACT AWARDS: WATER TREATMENT PLANT PROJECT. 1) Bids for Schedule A were received from the following contractors: Slayden Construction, $8,530,000; Stellar J Corporation, $9,065,530; !MCa General Company, $9,073,000; and Harbor Pacific Construction, $9,781,040. The engineer's estimate for this portion of the water treatment plant project was $9,994,000. BJELLAND/MCCALLUM...award City of Woodburn Water Treatment Plant package 3 Schedule A for water treatment plant construction to the low responsible bidder Slayden Construction Inc., for $8,530,000,00. The motion passed unanimously, 2) Bids for Schedule B were received from the following contractors: Brown Minneapolis Tank NW, $2,088,558; T Bailey Inc., $2,172,777; Morse Construction Group, $2,211,400; and Slayden Construction, $2,448,000. The engineer's estimate was $2,890,000. BJELLAND/MCCALLUM...award City of Woodburn Water Treatment Plant package 3 Schedule B for water treatment plant storage reservoirs and tanks to the low responsible bidder Brown Minneapolis Tank NW, LLC, for $2,088,558.00. The motion passed unanimously. 3) Bids for Schedule C were received from the following contractors: Kerr Contractors Inc., $558,240.80; and Dunn Construction, Inc., $583,821.00. BJELLAND/NICHOLS... award City of Woodburn Water Treatment Plant package Schedule C for water transmission line installation to the low responsible bidder, Kerr Contractors Inc., in the amount of$558,240.80. The motion passed unanimously. 1542 ACCEPTANCE OF WATERCOURSE EASEMENT (Lenhardt Property). As a condition of approval in Property Line Adjustment case 02-06, 03-01, and 03-03, Floyd and Gladys Lenhardt are conveying an easement to the City for the purpose of allowing future maintenance of the published 100-year floodway. The property owned by the Lenhardt's is located along Mill Creek between Young Street and Lincoln Street. Page 4 - Council Meeting Minutes, July 14,2003 T' __. .._~.4"_'."~."-.-_.., ....._..,..... _.....,..,_...,,_...~ ""._,~,.._.__.- -'..............._~..-....."''',...."~--,,-~-~-'~,._' .. COUNCIL MEETING MINUTES JULY 14, 2003 TAPE READING NICHOLS/SIFUENTEZ... accept the public improvement / watercourse easement as presented by Floyd and Gladys Lenhardt. The motion passed unanimously. 1596 CONTINUATION OF PUBLIC HEARING: APPEAL OF DESIGN REVIEW 02-12 AND VARIANCE 03-01 - Coastal Farm Supply Expansion. Mayor Figley open the continued public hearing at 7:28 p.m.. BJELLAND/COX... continue the public hearing on Design Review 02-12 and Variance 03- 01 to the City Council meeting of August 11,2003 pursuant to the applicant's request. The motion passed unanimously, 1655 Richard Jennings, 595 Filbert, thanked the City, the Council, and all volunteers who worked on the July 4th event. Even though this year's event was moved to Centennial Park, it was a very successful event. He also felt that having this event on City property was a good idea and the public works staff needs to be recognized for the work they did throughout the day to keep the park clean during the event. He also thanked Christine Jones for her beautiful rendition of the National Anthem, 1921 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Conditional Use 03-04: Request to allow a money/cash transfer business in the General Commercial Zone (Mexico Transfer). No action was taken by the Council on this issue. B) Planning Commission's approval of Conditional Use 03-02, Design Review 03-03, Phasing Plan 03-01, and Variance 03-18: Request to construct a 26,188 square foot building for additional classrooms at Woodburn High School. No action was taken by the Council on this issue. 1980 CITY ADMINISTRATOR'S REPORT. A) City Attorney Performance Evaluation: The City Attorney's contract calls for an annual performance evaluation around the month of July, therefore, an electronic copy ofthe Attorney's job description and evaluation form will be sent to the Mayor and Council (hard copy of documents will be provided to Councilors who do not have e-mail). Staff will be scheduling the City Attorney's performance evaluation for the first meeting in August. B) Space agreement with Farmworker Housing Development Corporation (FHDC): Administrator Brown reminded the Council that during the Budget sessions, approval was given to close the Community Center and, to maintain office space for RSVP, the City would rent office space from FHDC at the Esperanza Court complex. The office space to be leased is enough to house all of the Parks Administration functions and staff is requesting Council authority to enter into an annual lease with FHDC. The specific lease language is still be worked on by both parties, however, staff would like to be able to move to the new facility Page 5 - Council Meeting Minutes, July 14,2003 ... ~,.........",.._,~--"......-"".,.. .,.-,~-~-~,~._~-.._.~..,.,.~~".~ ..,. ,-'....<~_.__. COUNCIL MEETING MINUTES JULY 14, 2003 TAPE READING by July 21,2003. The monthly lease will be $1,228.50 which will provide 4 offices and a fairly large community area as well as support space. MCCALLUM/NICHOLS... authorize the City Administrator to execute a lease as presented. The motion passed unanimously. 2213 MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that he had attended the Cascade Surge game on July 4th then attempted to drive to Centennial Park for the fireworks. The traffic was so congested that they decided to park in the Wal-Mart parking lot and watched the fireworks from that location. By next year, it will be necessary to work out traffic flow and parking issues for this event. Councilor Veliz complimented the Recreation staff for their excellent day camp program. He also stated that he has noticed less graffiti within the City and he thanked the staff for working with the community and businesses on this issue. Lastly, the street improvements continue to move forward and he appreciated the friendliness of the construction workers in trying to keep traffic moving with minimal delays. Councilor McCallum stated that he had also heard a number of comments regarding the July 4th event including the parking and traffic situation. He also stated that the Fire District reported that there were no significant fires due to firecrackers in the Woodburn area this year. Councilor McCallum thanked the Council and administrative staff for their support of this year's Relay for Life event which brought in over $50,000 for cancer programs - a $16,000 increase from last year's event. The City had a Gold Sponsorship while the Police Association had a Silver Sponsorship. He also thanked Randy Westrick who was on the Relay for Life Steering Committee and in charge of entertainment. He reiterated his thanks to the community for their participation and willingness to contribute to this fundraiser. 2633 Councilor Bjelland stated that he had attended the Mid- Willamette Valley Area Commission on Transportation (MW ACT) meeting last week and it was announced that Gervais Mayor Sandra Foote has resigned from her commission on MW ACT. He suggested that the Mayor and Council try to recruit someone from the North Willamette Valley that will have a strong interest in supporting the Woodburn interchange in its continuing fight for its fair share of transportation dollars. It was noted that the position must be filled by an elected official from one of the cities in the North Marion County area. 2891 Councilor Sifuentez thanked all of those individuals who made the 4th of July celebration possible in our community. She also reminded the Mayor that she will be out oftown for the July 28th Council meeting. Mayor Figley repeated sentences that were on the Friends of the Parks certificates in that "..Woodburn is a Great Place To Be.." and, in different ways, events such as Drums of Fire Page 6 - Council Meeting Minutes, July 14,2003 ...... _....,.._~...,.'"'.....,~...,'........-*-_..~...-....,~-_.._..,-~'----,......~-~._,.....- ,...-........-.._._.._,-"-;-~..-.-.__._-----,_.,~,--,--~...." COUNCIL MEETING MINUTES JULY 14, 2003 TAPE READING and Relay for Life reflect a very positive community where people enjoy doing what they can for others, 3003 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the following statutory authority: 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 )(f) to consider records that are exempt by law from public inspection;\ 3) ORS 192,660(1 )(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions; and 4) ORS 192.660( 1)( d) to conduct deliberations with person designated by the governing body to carry on labor negotiations. 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 the meeting at 8: 12 p.m.. 3043 Mayor Figley stated that no official action was taken by the Council in executive session, however, a couple of matters were identified that will require Council action during open seSSiOn. COX/MCCALLUM... City Attorney be authorized to pursue collection and, if necessary, to file a lawsuit in a court of competent jurisdiction to obtain payment of the full amount of the transient occupancy tax owed to the City, including interest and penalties, which is due from the operators of LaQuinta Inn at 120 Arney Road, Woodburn, Oregon, and any other legally responsible parties at the City Attorney's discretion that might be brought in to that, and to force by judgement or other legal proceedings as the City Attorney deems appropriate. The motion passed unanimously. Councilor Bjelland questioned as to when the Council may want to address policies and procedures as it relates to this type of issue in the future, Mayor Figley suggested that proposed ordinance revisions be developed by staff and presented to the Council for consideration in the near future. NICHOLS/VELIZ.... City Administrator be authorized to execute an agreement and all documents necessary for the City to purchase the property located at 1060 Mt. Hood Avenue, Woodburn, Oregon, tax lot #4800, from Leonard L. Van Valkenberg at the purchase price of $364,000 and, in addition to the City's standard terms of conditions for the purchase of real property, the following terms and conditions have been agreed to: 1) that the seller pay any delinquent taxes and all taxes for the year 2003-04; Page 7 - Council Meeting Minutes, July 14, 2003 .". '___.........._,.._..~'~.u~.~".,..,_.. .e~..._.....~_, "........-'~...-.~,_._,.-..-'~ , " - .. ..~,,~..""""'-,,---"" ..., ...... COUNCIL MEETING MINUTES JUL Y 14, 2003 TAPE READING 2) that the City pay all closing fees and costs including the cost of title insurance; 3) that the seller shall remove all junk automobiles from the real property prior to the closing date; 4) that the purchase of the property shall be contingent upon the City's approval of an environmental assessment of the property performed at the expense of the City; and 5) that the closing shall occur in escrow on or before September 1, 2003. The motion passed unanimously. 3375 ADJOURNMENT. MCCALLUM/SIFUENTEZ.... meeting be adjourned. The meeting adjourned at 8:17 p.m.. ATTEST ft/~~ Mary T e ant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, July 14,2003 '9" ~....,_...... ,..'^ ......._M.,....~_..___.".........----___.__,.._.~_~ .w., "" '. ."....".,........-".. ....'. "'_..,,~.',..."N_.'__~_._.,,._~~._~.~""---'-". ~