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Minutes - 10/27/2003 COUNCIL MEETING MINUTES OCTOBER 27,2003 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 27, 2003. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0008 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Veliz Present Absent Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Police Chief Russell, Public Works Director Tiwari, Community Development Director Mulder, Finance Director Gillespie, Parks & Recreation Director Westrick, Public Works Manager Rohman, Management Analyst Smith, City Recorder Tennant Mayor Figley stated that Councilor Bjelland had announced at the previous meeting that he would be out of town for this meeting. 0042 ANNOUNCEMENTS. A) Aquatic Center will be closed October 27 through November 1, 2003 for annual maintenance and the pool will re-open on Monday, November 3, 2003. B) Community Center Task Force Committee will meet at 7:00 p.m. on Monday, November 3, 2003, at City Hall. C) Public Hearing will be held before the Council on Monday, November 10, 2003, regarding the East Hardcastle Avenue local improvement district final assessments. D) Public Hearing will be held before the Council on November 10,2003, 7:00 p.m., to review the Planning Commission's approval of Design Review 03-12, Phasing Plan 03- 02, and Variance 03-21 regarding property located on the north side of Stacey Alison Way across from Wal-Mart. E) Public Hearing will be held before the Council on November 10, 2003, 7:00 p.m., to review the Community Development Director's approval of Zoning Adjustment 03-03 regarding property located at 1300 Astor Court. F) Marion County Board of Commissioners will hold a work session in the Woodburn City Hall Council Chambers on November 10, 2003, 2:00 p.m., to discuss Metro's potential industrial land expansion south of Wilsonvi1le. Page 1 - Council Meeting Minutes, October 27, 2003 ...,.,. --- . ,--~...._.~_.,_.. " . COUNCIL MEETING MINUTES OCTOBER 27, 2003 TAPE READING G) Holiday closures: City Hall and the Library will be closed on Tuesday, November 11, 2003, in observance of Veteran's Day. The Aquatic Center will be open on this date. H) Recreation and Parks Board meeting scheduled for Tuesday, November 11 t\ has been rescheduled to November 18, 2003 due to the Veteran's Day holiday. I) Recreation and Parks Board retreat will be held on Wednesday, November 12, 2003,6:00 p.m., in the Recreation and Parks office located at 160 Cleveland Street. J) Children's Book Week is being celebrated at the Library from November 17-23, 2003. Oregon author and children's entertainer, Carmen Bernier-Grand, will perform on November 15th at 1 :30 p.m.. On November 22nd at 1 :30 p.m., teen ballerinas, Jackie Hunsinger-McConnell and Carrie Boudreau, will perform dances from The Nutcracker ballet. K) Chautauqua Program will be presented on November 16,2003,2:00 p.m., in the City Hall Council Chambers. This program is being presented by naturalist Gail Wells and is entitled "Lewis and Clark Meet Oregon's Forests". L) City Council / Planning Commission work session will be held on Monday, November 17th, 7:00 p.m., City Hall Council Chambers, regarding periodic review issues. Councilor McCallum questioned the content of the work session to be conducted by Marion County on November 10th at City Hall. Administrator Brown stated that Metro is interested in expanding industrial land within their Urban Growth Boundary and, as part of the periodic review process, they are required to look at a number of alternative locations for expanding urban growth boundaries. One of the areas Metro is looking at for industrial land expansion is in the area of south Clackamas County / north Marion County just south ofWilsonville. Some coordination meetings have been held with Metro prior to this meeting and City staffs concern is that Metro would be creating about the same amount of industrial land that Woodburn is trying to develop within our Urban Growth Boundary for the same purposes and Woodburn would be competing with Metro for that interest. Metro is interested in providing industrial land outside of the heart of the Portland area whereas Woodburn has an economic interest by trying to provide jobs for people who live in the Woodburn area. Marion County seems to have an opinion similar to Woodburn's staff since they have a number ofland use issues that go beyond the City's concerns. The public meeting on November 10th is an opportunity for representatives from the City and the general public to talk about this issue and hopefully a policy statement would be developed by the County regarding Metro's bid. He encouraged the public to attend this meeting to obtain information on this issue and, at a subsequent Council meeting, staff will make a recommendation to the Council about a formal course of action. Director Mulder stated that Metro had looked at other areas but, due to opposition from certain groups citing the need for Metro to look at more locations, Metro decided to consider the area located just south of Charboneau which is still in Clackamas County. Page 2 - Council Meeting Minutes, October 27, 2003 ,,'""-' """~,-~",--"._..,-",,. ... 1r" COUNCIL MEETING MINUTES OCTOBER 27,2003 TAPE READING The area under discussion is very close to the Marion County line and traffic issues are a major concern to County officials. Councilor Cox stated that he was under the impression that Metro was considering expansion into Marion County, however, the current proposal seems to involve Clackamas County only. Mayor Figley emphasized that this work session is a public meeting and interested citizens are encouraged to attend. 0651 APPOINTMENT: RECREATION AND PARK BOARD POSITION V. Mayor Figley stated that the person in this position has had some attendance issues and it is necessary to fill the position. She thanked Frank Anderson for all of his work on the Board over the years, however, over the last few months, he has not been in attendance at the meetings. Therefore, she has excercised her authority under Resolution 1291 and have determined that the position is vacant due to the lack of attendance and lack of response from Mr. Anderson. In order to complete the vacancy, a motion is necessary from the Council declaring that the position is vacant since he has not met the requirement of attending at least 50% of the meetings within the last quarter. MCCALLUM/SIFUENTEZ... Recreation and Park Board position occupied by Frank Anderson be declared vacant. The motion passed unanimously. The Mayor declared Position V of the Recreation and Park Board vacant. Mayor Figley then appointed Ann Meyer to the vacant position with her term expiring on December 31,2003. NICHOLS/SIFUENTEZ... approve the appointment of Ann Meyer to the Recreation and Park Board Position V. The motion passed unanimously. 0803 PRESENTATIONS: A) SMART Program - Beth Upersod, SMART Program Area Manager, stated that this program is sponsored by the Oregon Children's Foundation and this program has been in operation at Washington Elementary School since January 2002. This program is offered state-wide and has over 11,000 volunteers who read to children. The Oregon Children's Foundation is trying to mobilize Oregonians to step up and join in this program by coming out to public schools and taking one hour each week to read to the same two children from October through May. The Foundation provides to the school a coordinator whose position is to organize the volunteers and to manage the books. The children are provided 14 books each year to take home and create a library. Woodburn has a tremendous need for this program and about 30 volunteers have been recruited which is about one-half of their goal. Eventually, the foundation hopes to be at all of the schools in Woodburn. She urged interested individuals to contact Brenda Shoup at Washington Elementary to sign up as a volunteer. Page 3 - Council Meeting Minutes, October 27, 2003 ......-_.,..._~~"-,,-_.~...._-,........_.----.- .- .. ~--,_...._~-....... COUNCIL MEETING MINUTES OCTOBER 27, 2003 TAPE READING B) Mayor's Cup Contribution to Teen Scene Program - Richard Jennings, 595 Filbert, stated that this is the 4th year in which the Mayor's Cup Golf Tournament has been held and proceeds from this event have been donated to various youth programs such as the Skate Park, Speech Team, and Golf Team. This year the event organizers have decided to contribute to the Teen Scene Program. Other committee members include Dick Hammond, Craig Christoff, Dave Christoff, Don Judson, Charlie Piper, and Brian Sjothun. The committee is considering making the Teen Scene Program the permanent recipient of funds disbursed from this event since it reaches the most kids within our community. Mr. Jennings presented Brian Sjothun, Recreation Supervisor, with a check in the amount of$I,500.00. 1480 Police Facility Planning Update- Police Chief Russell reported that the Request for Proposals have been received from 11 consulting firms to complete the police facility needs assessment and pre-design project. Staff is currently reviewing the proposals and a recommended contract award will be presented to the Council at their November lOth meeting. He stated that planning for the creation of a Police Facility Committee is also underway and former Police Chief Paul Null and former Mayor Richard Jennings have expressed an interest in serving on this committee. Once the Council has appointed a committee, the intent is to move forward to meet with the Committee to (1) help determine how best to communicate the department's needs and objectives and, (2) to work on the pre-design project and needs assessment. 1675 Water Treatment Facilities Status Updates- Public Works Manager Rohman stated that it has been a longtime goal of the City to improve the aesthetic quality of the City's water supply and the adopted Water Master plan provides for a water treatment method that will remove iron and manganese from the water. He provided the Council with an update on the construction work in progress. Two new municipal wells have been drilled, the Water Control Center and 2 well-houses should be completed by the end of December 2003, and water transmission lines are close to completion. The treatment plant site construction is well underway at all three sites (Parr Road, Country Club Road, and National Way sites) and scheduled for completion during the winter of2004 with plant operation in early 2005. Construction of the steel reservoirs will soon begin at all three sites. He stated that there will be a need to drill another well in 2004 to serve the National Way treatment site and install transmission lines to the reservoir. The Water Control Center, located on Young Street, will be the central operations center and each plant will have a radio relay system that will connect each plant to the control center where all computer operations will occur and each plant will be monitored from the control center. Page 4 - Council Meeting Minutes, October 27, 2003 .....,__., ___u__~_'"..~..-.-..___'_~...._~_"__...~_..."""..~_'__..... COUNCIL MEETING MINUTES OCTOBER 27, 2003 TAPE READING 2382 Transportation Systems Plan Update- Public Works Manager Rohman stated that the City had previously received a Transportation Growth Management grant to update the City's Transportation Systems Plan. In conjunction with that grant, the ODOT Transportation Planning and Analysis Unit agreed to do the transportation modeling that would be required for the update. ODOT then contracted with CH2M Hill, with Kittleson & Assoc as a sub-consultant, to do the actual Transportation System Plan work for the update. They have been working with City staff on a number of issues including urban growth changes to develop a draft plan. There have been some delays with the ODOT modeling program, however, it is anticipated that the plan will be completed by next spring. Once the draft is finalized by the consultants, workshops will be held to solicit public comment before a recommended plan is presented to the Council. 2588 WOODBURN DOWNTOWN ASSOCIATION REPORT. Bruce Thomas, WDA President, stated that he is impressed with the activity level at the Skate Park and the Skate Park has turned out to be a very beneficial recreational site for our youth. The Saturday Market is now over for this year and he expressed his appreciation to Mike Bergeron and Lisa Ellsworth for volunteering their time over the last 23 weeks to help with this market. The WIC program and Senior program recipients take advantage ofthe Saturday market since their coupons are to be used for fruit and vegetables freshly grown in the Willamette Valley. The Holiday lighting program will be held during the first weekend in December. The WDA recently sent out their newsletter and will working on increasing their membership over the next couple of months in addition to working on their 2004 budget. Lastly, the WDA will soon begin working on repairing the tree lights along Front Street. 2771 COMMUNICATIONS: LETTER FROM OLCC REGARDING SALVADOR'S BAKERY III. Mayor Figley stated that a full on-premises sales license was granted to Salvador's Bakery III for their business operation located at 320 N. Pacific Highway. Even though the Council recommended denial, the license approval was not unexpected based on current liquor laws and administrative rules. Councilor McCallum noted that he has been concerned about traffic safety ever since Highway 99E has been designated by ODOT as a Traffic Safety Corridor. In the letter from OLCC, they indicate that the City is not located within a designated problem area with a history of serious and persistent problems. He was disappointed in the Commission's decision even though the Council knew in advance that the Commission would most probably reverse the Council's recommendation. Page 5 - Council Meeting Minutes, October 27,2003 T -...- COUNCIL MEETING MINUTES OCTOBER 27,2003 TAPE READING 2909 Todd Bowman, 167 N. Settlemier, requested information on the change in the leaf pickup program. Director Tiwari stated that the program his department is now operating under provides for sweeping Settlemier Street twice a week and leaves located between the sidewalk and curb can be raked into the curb and picked up during regular sweeping times. Twice a week sweeping in this area is being done due to the number of trees within the street right-of-way. The property owners are to dispose of the leaves that fall on their property and disposal can be accomplished by taking the leaves to a disposal site at designated locations within the City, utilization of the recycle bin provided by United Disposal Service, or leaf compo sting. Safety has been the main theme in making the changes now in effect. Leaves are very slippery when wet and piling the leaves up on the roadway and/or within the right-of-way make it very dangerous not only to city employees trying to pick up the leaf piles but to pedestrians using the sidewalks. Young children also like to play in the piles of leaves. In the past, property owners were raking not only their front yard leaves out to the roadway but also bringing their backyard leaves out for the City to pickup. It was noted that for many years there were no other alternatives available to the property owner to dispose of leaves in a convenient way which is why property owners brought their leaves out to the roadway. Alternative disposal methods are now available and escalating costs have been a factor in limiting the level of service for leaf removal. 3597 Todd Bowman stated that his main concern involves front yard leaves. The trees on his and his mother-in-law's property benefit the City and, since they are not in a position to remove the trees due to the fact that they are along Settlemier, the City should share in the responsibility for leaf removal. He agreed that what is allowed should be clarified and it should be made better since he did not want to be an unfair burden to other city residents, however, the leaves do not fall straight down. He does not have a vehicle in which to haul the large amount of leaves to one of the collection sites and he requested that this issue be re-evaluated. Stewart Foster, 300 S. Settlemier, spoke on behalf of several of his neighbors who have their backyards abutting the back side of Settlemier Park. The leaves from the park are falling into their backyard and, in the past, they have put their leaves in the street. They are also looking for a solution to the problem. Director Tiwari stated that trees are a value to the community and that his staff will try to work with the property owners. Leaves in the park are being picked up by the City and if the leaves are blown from the backyards into the park then the leaves will be taken care of. In regards to front yard leaves, the backhoe operation creates the majority of the problem and he is willing to work with the property owners to increase the number of days each week the street sweeper operates along Settlemier and the surrounding area for a 6-week period. Mayor Figley stated that over the years property owners have abused the program to the point that the backhoe had to be used regularly to remove leaves from the roadway. Use Page 6 - Council Meeting Minutes, October 27,2003 ................ ..._.--~-",",--_._-,-~.>_.~"",""~".,.~.~--.........._-.....<,~,....~"_.."",,, T COUNCIL MEETING MINUTES OCTOBER 27,2003 TAPE READING of this equipment, in addition to the labor costs, has become a significant expense within the City budget. She expressed her desire to see the Public Works Director work with the residents to develop a workable program. Councilor McCallum expressed his appreciation to Mr. Bowman and Mr. Foster bringing this topic up for discussion. He felt that staff also needs to work with the French Prairie Historical Society since the Settlemier House has numerous trees on their property. Carrie Brassel, 241 N. 3Td Street, questioned the process to follow in having trees pruned. Administrator Brown stated that trees in the right-of-way require City permission for pruning or removal. Director Tiwari stated that right-of-way trees are the responsibility of the owner, however, there is a cost sharing program available in the event there is expensive pruning or removal involved. The City will evaluate the condition of the trees and will work with the property owner on alternatives. Peggy Dinges, 199 N. Settlemier, requested that the City reconsider their decision and allow front yard leaves to be placed in the right of way for weekly pickup. She suggested that a schedule be established so that they could pile the leaves in the strip just before the scheduled pick up date. They do not have a truck to haul the leaves to a disposal site and there would be too many plastic bags used if they bag the leaves. Mayor Figley suggested that increased communication with the affected neighbors would be beneficial. Director Tiwari stated that they do sweep Settlemier and West Hayes Street on Monday morning before school starts in order to have safer streets for the children. Richard Jennings, 595 Filbert Street, stated that the leaf pickup program was never intended to be utilized city wide and had been focused on the downtown area west to Settlemier. The program does provide a service to property owners who do have trees along the right-of-way and those trees do provide an aesthetic value to our community. Mr. Foster stated that the Skate Park is well used by the youth, however, the park does attract other influences that are a deterrent such as drug and alcohol use. He has called the police department to report this type of activity which has been going on in the park, and, realizing that the activity was in existence before the Skate Park was completed, he is concern that this problem may escalate with the increased number of youth in the park. He requested that the Police Department make more rounds in the park to discourage this type of illegal activity. He also expressed concern about the traffic speed along Settlemier Avenue and suggested that speed bumps be considered that would slow traffic down. Councilor Nichols stated that his neighborhood has a similar traffic speed problem, however, the City is unable to afford the number of policemen that it would take to enforce the traffic speed laws throughout the City. Police Chief Russell stated that he has noted the concerns expressed by Mr. Foster and he will try to have more police patrol in Settlemier Park. Additionally, when complaints on Page 7 - Council Meeting Minutes, October 27, 2003 .... -~ . ~_.'-"'-'-'.'._-----r-'-M_--""."---'.- COUNCIL MEETING MINUTES OCTOBER 27,2003 TAPE READING traffic speed are received by the Police Department, they do evaluate the complaints and assign traffic detail as necessary. Councilor Cox stated that the speed bumps have been of interest to him over the last few years and he has noticed that a number of cities have installed these bumps on streets. He suggested that the City explore the feasibility of going into a traffic calming device program. Administrator Brown stated that the last Council goal setting session (2-year plan) did include an item on the feasibility of traffic calming devices. This item was left open ended and staff had flexibility in working on this issue when time permitted which is why it has not taken high priority in terms of studies. He feels that there will be time available this winter and staff will try to prepare a report by next spring. Todd Bowman thanked the Council for giving them an opportunity to share their concerns. He also stated that a traffic counter was placed on Settlemier near their home and he questioned ifthe information obtained is available to the public. Mayor Figley stated that she had asked the counters be placed at 3 intersections where she felt the traffic volume on the cross streets and Settlemier were such that traffic hazards existed. Public Works has been compiling the information with the aid of the Police Department and this information is available to the public. She expressed her appreciation to the individuals who attended this meeting to talk to the Council on this Issue. 6573 CONSENT AGENDA. A) approve the Council regular and executive session minutes of October 13, 2003; B) accept the Library Board minutes of October 8, 2003; C) accept the Recreation and Park Board draft minutes of October 14, 2003; D) accept the Planning Commission minutes of October 9,2003; and E) receive the status report on the West Lincoln Street improvement. NICHOLS/SIFUENTEZ....adopt the Consent Agenda as presented. The motion passed unanimously. Tape 2 0001 COUNCIL BILL 2478 - ORDINANCE REPEALING THE SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES ADOPTED IN 2002: ADOPTING THE 2003-04 REVISED SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES AND PROVIDE FOR THE ANNUAL REVIEW OF SAID FEE SCHEDULE. Council Bill 2478 was introduced by Councilor Sifuentez. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Management Analyst Smith informed the Council of two corrections to the proposed ordinance: 1) the date in Section 1 should read November 12,2002; and 2) the fee schedule for swimming lessons and adult swimming lessons should not have been Page 8 - Council Meeting Minutes, October 27,2003 .......--... ^.......,.~....._,. -,.._.~-~-~---~~--r-............---..-........,~._."."'''.~~_...~''-"'''.~........<,.._-~-""-'. v f COUNCIL MEETING MINUTES OCTOBER 27,2003 TAPE READING increased and a corrected schedule has been distributed to the Council just prior to this meeting. Councilor McCallum questioned clarification of the fee charged to families participating in the After School program. Director Westrick stated that the fee is currently $50 per year and the new fee schedule will increase the annual fee to $100 beginning the fall of 2004. Both After School Clubs are operating at capacity with the $50 fee and the staff will monitor the attendance and report back to the Council once the new fee is in place. Staff is also willing to work with parents to establish a payment plan to assist families in continuing their participation in this program. Councilor Veliz questioned the different fees listed for use of athletic fields and youth programs versus adult programs. Director Westrick stated that the philosophy has been to reduce the financial burden on organizations that serve youth. Fees for sports are based on the field used rather than a certain sport. Mayor Figley suggested that park user fees may be a topic of discussion at the upcoming Recreation and Park Board retreat. Councilor McCallum questioned the how much of a problem NSF checks are for the City. Finance Director Gillespie stated that the NSF fee is the market rate used by other businesses. Generally, the NSF checks that do come in are for utility bills and the number ofNSF checks is increasing but he was unsure if the volume is increasing faster than the customer base. Councilor Veliz questioned the increase in the water deposit fee from $40 to $75. Director Gillespie stated that the problem seems to be with renters and landlords have asked the City to raise the water deposit in order to protect their interest. Councilor Veliz also questioned the effeciency of placing the red notices on the door notifying the customer of potential water turnoff. In his view, the red notice is a type of public humiliation since it lets the general public know that a customer had not paid their bill. Director Gillespie stated that staff views the red notices as a last good faith effort to notify the customer that their water will be turned off if payment is not made by a specific date. Councilor Sifuentez agreed that the notice is a reminder for customers to either make the required payment or make payment arrangements. Councilor Nichols agreed with comments made by Councilor Veliz and cited the type of letter sent by Portland General Electric to remind customers to pay their delinquent bill. Councilor McCallum stated that sending a letter is not a guarantee that the customer receives notice and it is more expensive to send a letter certified mail. Councilor Cox suggested that people who are negligent in paying their bill are generally under other financial hardships. In his opinion, the bill is already 45 days past due and Page 9 - Council Meeting Minutes, October 27,2003 ...'''''... "',,,-,,,, -.".-.---"T""-.------' COUNCIL MEETING MINUTES OCTOBER 27,2003 TAPE READING placing the red notice on the door is the appropriate method of notifying the customer of the potential turn off of water for non payment. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2478 duly passed with the emergency clause. 1389 COUNCIL BILL 2479 - ORDINANCE APPROVING DESIGN REVIEW APPLICATION NO. 03-14 AFFECTING PROPERTY LOCATED AT 400 WOODLAND AVENUE. Councilor Sifuentez introduced Council Bill 2479. The two readings of the bill were read by title only since there were no objections from the Council. Councilor Cox questioned if the ordinance needed to have a unanimous vote on the first time introduced in order to pass at that meeting. Attorney Shields stated that the vote must be unanimous and, anticipating a split vote, staff did check on the time line for this land use action and found that another reading at the next regular meeting would still be within the 120-day rule. On roll call vote, the motion passed unanimously. Councilor Cox stated that he had voted no on the motion to draft the ordinance but voted aye on this ordinance since it accurately reflects the decision made by a majority of the Council. Mayor Figley declared Council Bill 2479 duly passed with the emergency clause. 1536 COUNCIL BILL 2480 - ORDINANCE APPROVING DESIGN REVIEW APPLICATION NO. 03-16 TO CHANGE USE OF PROPERTY LOCATED AT 770 N. PACIFIC HIGHWAY FROM AN AUTOMOBILE DEALERSHIP TO A RET AIL BUSINESS SPECIALIZING IN THE SALE OF PRODUCE. Council Bill 2480 was introduced by Councilor Sifuentez. 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 2480 duly passed with the emergency clause. 1630 WOODBURN POLICE ASSOCIATION CONTRACT. Administrator Brown stated that the staff report outlines the significant changes from the existing contract to the new contract. The document in the agenda packet includes the redline strikeout / bold face version of the document so that the Council can see the specific changes in the document. He stated that negotiations took several months and, at this point, both parties feel that they have negotiated a fair agreement. The City's intention has also been to negotiate an agreement that will retain employees and make it easier to recruit employees when the need arises. Councilor Cox thanked the Police Chief and Administrator Brown for their many months of work in negotiating this labor contract and he felt that they were able to come up with an acceptable resolution to a difficult problem. Page 10 - Council Meeting Minutes, October 27,2003 ~"'-"""""-""-""-- r .. ',~.~--<>- COUNCIL MEETING MINUTES OCTOBER 27,2003 TAPE READING NICHOLS/MCCALLUM.... approve the agreement with the Woodburn Police Association effective through June 30, 2005 and authorize the City Administrator to execute the agreement. The motion passed unanimously. 1852 BID AWARD: OZONE GENERATOR. Bids for a replacement ozone generator at the Aquatic Center were received from the following vendors: Lincoln Equipment Inc., $12,193.10; Carefree Pool and Spa, $15,250.00; Trio Industries, $15,865.00; and DEC Industries, $15,995.00. NICHOLS/COX.... award the bid for an ozone generator to Lincoln Equipment Inc. for $12,193.10. The motion passed unanimously. 1874 INTERGOVERNMENTAL AGREEMENT FOR HIGHWAY 214 SIDEWALK CONSTRUCTION. Councilor Cox stated that it is his understanding that the Council is being asked to approve the intergovernmental agreement and authorize the City Administrator to sign the agreement within its present form subject to negotiations within 3 or 4 specific areas that the Administrator is still negotiating on with the State. Councilor McCallum felt that it is imperative that the City move forward in working with the State to obtain an agreement that would allow for design and funding changes agreed upon between ODOT and the City. Pedestrian safety is of high priority and, even though he has concerns regarding the increase in cost, the City has laid out to ODOT what financial support we are willing to provide towards this project. NICHOLS/MCCALLUM.... authorize the City Administrator to execute an intergovernmental agreement with the Oregon Department of Transportation for Highway 214 sidewalk construction. Councilor Cox stated that the agreement is only between the City and ODOT, however, the School District had previously made a substantial financial commitment towards the project cost. He questioned if the School District has budgeted funds for this project and, if so, how much are they willing to contribute if this proj ect goes through to completion. Administrator Brown stated that the School District still has the funds available and the Superintendent is still committed to spending that money on the project. The City does not have a signed document between the City and School District that provides a specific amount of dollars, however, he plans on trying to secure a letter of intent or memorandum of understanding from the School District before he signs the intergovernmental agreement with ODOT. Councilor Cox questioned if any private land will need to be acquired if the project is constructed as tentatively designed. Administrator Brown stated that the language in the agreement will state that the City is only donating land that is owned by the City and, if additional land is required, ODOT will handle any other land acquisitions. Page 11 - Council Meeting Minutes, October 27,2003 ,,~...._. . ~'.,,*_.~.~,---- ... ~ COUNCIL MEETING MINUTES OCTOBER 27, 2003 TAPE READING Councilor Veliz questioned if street lighting is still a negotiable item since the area is very dark. Administrator Brown stated that the City has been suggesting from the beginning that roadway lighting be a part of this project. The intergovernmental agreement speaks of conduit only, however, staff has received some acknowledgment from ODOT that there will be more lighting provided than just the conduit. The project budget includes $76,000 which is far short of the City's estimated cost to provide southside lighting with roadway fixtures. He stated that there will be some level of lighting provided but he does not have a definitive answer on how much or whether the City will be satisfied with what ODOT plans on installing along the roadway. This item is still being negotiated with ODOT. Our Public Works Department has acquired the services of an individual who is knowledgeable about roadway lighting and he is currently looking at this issue to provide the City with recommendations for what is necessary to provide for a safe environment. He briefly discussed the potential need to spend an additional $62,000 of City dollars for the purpose of building a pedestrian bridge which would then take the sidewalk away from the highway at the crossing of the creek. ODOT will not build the bridge as part of this project and it will be up to the City to build the bridge. Administrator Brown stated that if the Council authorizes him to execute the intergovernmental agreement, the bridge is not one of the items that is negotiable and, unless otherwise directed by the Council, he will go forward with spending extra City dollars to build the bridge provided that the environmental process allows the construction of the bridge. If the cost is greater than $62,000, the City would still have the right to decide not to build the bridge and would then agree to the alternative of placing the sidewalk within 12 feet of the travel lanes as currently proposed. Mayor Figley agreed with the staffs preference to separate the sidewalk from the street since it is a major highway. The motion passed unanimously. 2698 PUBLIC HEARING: SUPPLEMENTAL APPROPRIATION AND CONTINGENCY TRANSFER. Mayor Figley declared the public hearing open at 9: 15 p.m.. Finance Director Gillespie reviewed the proposed changes to the 2003-04 budget: 1) Settlemier and Legion Park master plans were budgeted for in the prior fiscal year, however, the plans were not completed until after the beginning of the current fiscal year. Staff is recommending that $2,500 within the General Capital Improvement Fund be transferred from operating contingency to the Parks capital outlay line item within this fund to pay the balance of the costs incurred for this project. 2) Construction of the Cipriano Ferrel Education Center was also recently completed and additional grant funds in the amount of $86,000 will be received during the current fiscal year to pay for final costs. The proposed budget will increase the revenues in this fund Page 12 - Council Meeting Minutes, October 27,2003 ..'~-' ,.,"",.....,.~_._-~ w r ~ r COUNCIL MEETING MINUTES OCTOBER 27,2003 TAPE READING and the corresponding appropriation is in the capital outlay budget category. 3) Budgeting for a plan for future remodeling of the Library was delayed during the regular budget preparation process for 2003-04 since costs for this project were uncertain. The proposed budget provides for a $58,000 appropriation for this plan and funds for the project cost will be transferred from the Library Endowment Fund to the General Capital Improvement Fund. No one in the audience commented on the proposed supplemental budget. Mayor Figley declared the public hearing closed at 9: 17 p.m.. NICHOLS/MCCALLUM... direct staff to prepare an ordinance to approve the proposed supplemental budget. The motion passed unanimously. 2932 PUBLIC HEARING: CIPRIANO FERREL EDUCATION CENTER. Mayor Figley declared the public hearing open at 9: 18 p.m.. Management Analyst Smith stated that this hearing is the second public hearing required under the Community Development Block Grant which was secured by the City as one of the funding sources of the Cipriano Ferrel Education Center. He reviewed the staff report outlining the work accomplished by City staff on this project in order to comply with grant requirements and the partnership that has developed with Farmworker Housing Development Corporation (FHDC) who will be operating the Education Center located on the grounds of the Nuevo Amanecer housing complex. As part of the grant requirements, the City will hold a Trust Deed to the property for 5 years after which time the City intends to convey the property back to FHDC. It was noted that the initial intent was for the City to be a pass-through for grant funds while the Council of Governments (COG) would administer the grant. As the project progressed, it required the City to become more actively involved and staff costs exceeded the $15,000 administrative costs provided for within the grant. Councilor Cox stated that this was a very good project, however, now that the project is completed, it is obvious that working with at least four different agencies makes a project much more complicated. Mayor Figley commented on how much extra work was required by the City staff in order to administer the grant and to protect public funds. She reiterated that the facility is very beautiful and will provide classroom and meeting space within our community. 3575 Roberto Franco, FHDC Executive Director, expressed his appreciation to the City staff for their assistance with this project. From this experience, he has learned that this project has been a way of bringing people together in working towards a common goal. FHDC will be making every effort to make the facility available to the community and not just to residents of the housing complex. Classroom space is being made available to Headstart, adult education classes, and for a computer lab, and partnerships are being made with Chemeketa, Oregon Child Development Corp., and the School District for these programs. One of the fundraisers involved soliciting sponsors for tiles made by high Page 13 - Council Meeting Minutes, October 27,2003 .,' ....,...' ..." ~>.~,,~..- ^,,_._,.,,"- ... ",r--.....---.-. COUNCIL MEETING MINUTES OCTOBER 27,2003 TAPE READING school students and there are 200 tiles yet to be sold at $25 each. Richard Jennings, 595 Filbert St., stated that he had served on the Fundraising Committee and the City's willingness to participate allowed them to secure sufficient grant funds to complete the project. He stated that Mr. Franco put together a Fundraising Committee that was able to ferret out contributions from a multitude of sources and it took the Committee three years to raise enough funds so that an application for grant funds could be submitted. He reiterated that this facility is for our community and not just for the residents of the housing complex. In his opinion, the City did take extra steps in order to make sure that the projects was completed properly and they will continue to monitor the proj ect. Mayor Figley declared the public hearing closed at 9:38 p.m.. 4250 PLANNING COMMISSION AND/OR ADMINISTRATIVE LAND USE ACTIONS: A) Planning Commission's approval of Design Review 03-18: construction of warehouse facility on National Way. Councilor McCallum questioned ifthe applicant will be responsible for landscaping at the back of the site. Director Mulder stated that the applicant is required to provide some sort of ground cover on the back of the site but that could be just a seed mixture. B) Planning Commission's approval of Conditional Use 03-06 and Design Review 03-13: placement ofa propane tank on property located at 2221 N. Pacific Highway. No action was taken on this application. 4224 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that the property tax bills have gone out and this bill does include a line item under the Local Government accounting for Urban Renewal. Along with the tax bill, there was a tri-folded document on how to read the tax bill and, within that document, was information on the Urban Renewal line item. As stated in the document, this line item does not reflect a tax or a tax increase as a result of Urban Renewal but rather a change in the law that requires the Assessor to show the amount of money being transferred to the Urban Renewal District from the other taxing entities that would have otherwise received the funds. He reiterated that Urban Renewal did not impose a new tax on the taxpayers and it has not increased the local government taxes. He reviewed how Urban Renewal takes money away from each entity by taking away the assessed value growth within the district and growth dollars are then distributed to the Urban Renewal District. Originally, the voters were informed that the tax bills would not show urban renewal as a line item, however, a court case decided in December 2002 changed the way in which County Assessors show the effect of urban renewal and the Page 14 - Council Meeting Minutes, October 27,2003 .....-... ... 1r- .... COUNCIL MEETING MINUTES OCTOBER 27,2003 TAPE READING methodology on how it would show on the tax bill was not worked out until after the vote was taken in March 2002. Even though an amount is shown on all tax bills, it still relies on the growth inside the district boundary to create a number that is transferred from general taxes as a consequence of implementation of that court case. If urban renewal was not in place in Woodburn, the taxpayer would still pay the total amount of the tax bill only it would be distributed differently to the local government entities. Mayor Figley stated that she was surprised to see the urban renewal line item on property she owns outside of the Urban Renewal District. As a reminder, the overall taxes did not increase as a result of urban renewal, and the amount levied is still determined by the value of the property in the district rather than the value of the property within the City. 5467 MAYOR AND COUNCIL REPORTS. Councilor Nichols reminded the public that operators on electric and gas scooters are required to wear helmets and follow the rules of the road. He encouraged residents to call the Police Department if they have questions regarding the operation of scooters. He also reminded the public that bicyclists under the age of 16 are also required to wear helmets. Councilor Veliz thanked Lupita's for hosting the open house to review plans for the downtown plaza. He also reminded the public that Chemeketa will be hosting an open house at their new facility on Wednesday, October 29t\ from 3:00 p.m to 6:00 p.m. with a short program to be held at 4:00 p.m.. Councilor McCallum stated that he had attended several events during Public Works week and was particularly impressed with the dedication at the Wastewater Treatment facility. He thanked the Public Works staff for making W oodbum a better place to live. He also complimented Public Works on the Boones Ferry project which is getting closer to completion. Lastly, he thanked all of the individuals who participated in the Clean-up Day. Approximately 70 people volunteered for this event and the turnout was larger than what the Livability Task Force had anticipated. He thanked Management Analyst Smith for organizing this event on short notice. Councilor Sifuentez also thanked Public Works for the events sponsored during Public Works Week. Following the ribbon cutting for the bus, she, along with Director Tiwari, rode the bus and solicited comments from riders as to what they would like to see in the future. Mayor Figley had the opportunity to dedicate both the Wastewater Facility and the Mayor's Rose garden. She was very impressed with the healthy condition of the roses compared to the roses in front of Portland City Hall. The new landscape has made our City Hall very attractive. In regards to the Wastewater Treatment facility, it is a very environmentally friendly plant and a very efficient, well designed, and well-run plant which the citizens can be very proud of. Page 15 - Council Meeting Minutes, October 27,2003 .. ..-....P- T ----......."~~--.._--..,,...~--. 'I" COUNCIL MEETING MINUTES OCTOBER 27, 2003 TAPE READING 6328 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(h) and ORS 192.660(1)(f). NICHOLS/MCCALLUM... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The meeting adjourned to executive session at 9:57 p.m. and reconvened at 10:10 p.m.. 6380 Mayor Figley stated that no action was taken by the Council while they were in executive seSSIOn. 6400 ADJOURNMENT. COX/MCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10: 11 p.m.. ATTEST M(J:::a~ City of Woodburn, Oregon Page 16 - Council Meeting Minutes, October 27, 2003 "".~_.._._------_.._~ Executive Session COUNCIL MEETING MINUTES October 27, 2003 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 27,2003. CONVENED. The Council met in executive session at 10:00 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Veliz Present Absent Present Present Present 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 Press: John Gervais, Woodburn Independent The executive session was called under the following statutory authority: A) To consult with counsel concerning the legal rights and duties of a public body with regard to current litgation or litigation likely to be filed pursuant to ORS 192.660(1)(h); and B) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f). ADJOURNMENT. The executive session adjourned at 10:09 p.m.. APPRO ATTEST h ~ Mary enn t, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, October 27,2003 ...."-.......-- .....,_,_".___._a,..._,----.._.,._..~,._.."........___..'-~ f"