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Minutes - 04/26/2004 COUNCIL MEETING MINUTES APRIL 26, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 26, 2004. 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 Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Deputy Police Chief Youmans, Public Works Manager Rohman, Park & Recreation Director Westrick, Recorder Tennant 0054 ANNOUNCEMENTS. Board/Commission Vacancies: Mayor Figley stated that the Recreation and Park Board, Library Board, and Planning Commission each have a vacancy and citizens interested in serving in anyone of these positions are asked to call the Mayor's office at City Hall to obtain an application form. City Budget Workshop will be held on Tuesday, April 27th, 7:00 p.m., City Hall Council Chambers, to discuss the Capital Improvement Plan. Open House on Periodic Review Amendments and Urban Growth Boundary Expansion will be held on April 29, 2004, 5:00 pm to 7:00 pm, in the City Hall Council Chambers. "Mother's Day Spa Day" will be held at the Aquatic Center on May 2, 2004 from 1 :00 pm until 4:00 pm. 0165 PROCLAMATION: POLICE MEMORIAL WEEK. Mayor Figley proclaimed the week of May 9-15,2004 as Police Memorial Week and May 15, 2004 as Peace Officers' Memorial Day within the City. She urged local citizens to join in local and national ceremonies to honor law enforcement officers who have provided dedicated service to their communities in safeguarding the rights and security of all citizens. 0298 PROCLAMATION: MENTAL HEALTH AWARENESS. Mayor Figley also proclaimed the month of May 2004 as The Month of Mental Health Awareness and the week of May 2-8,2004 as Mental Health Counseling Week in Page I - Council Meeting Minutes, April 26, 2004 .-. "T-' .......-_. ...........m._._....... .-' COUNCIL MEETING MINUTES APRIL 26, 2004 TAPE READING Woodburn and urged citizens to support of this program by purchasing a Mental Health Awareness postage Stamp and promoting positive mental health. 0410 PRESENTATION: LIVABILITY TASKFORCE PROPERTY PRIDE AWARD TO UNITED DISPOSAL SERVICE. INC. Mayor Figley presented United Disposal Service Inc. with the Livability Task Force Property Pride award for their continued promotion of livability within Woodburn by providing weekly downtown trash pick-up, their role in the spring and fall clean-ups, their annual yard debris clean-up, and recycling program. Councilor McCallum, representing the Livability Task Force, extended his congratulations to United Disposal Service Manager Bob Sigloh for the company's efforts in making Woodburn a better place to live. Bob Sigloh thanked the Livability Task Force, Mayor, and Council for the recognition award. 0539 PRESENTATION: A.W.A.R.E. FOOD BANK CONTRIBUTION. Gary Lawhead, MacLaren Superintendent, stated that February was the Governor's Annual Food Drive Month and, as a result, MacLaren School donated 12,720 lbs of food to the A.W.A.R.E. Food Bank. Nancy Stone, Director of the A.W.A.R.E. Food Bank, expressed her appreciation to MacLaren School for their continued support of their program. She stated that the Food Bank looks forward to the Food Drive in February since the Food Bank has less food available for distribution in January and February due to the amount of food distributed during the holidays. This year, MacLaren gave over $2,000 to the Food Bank. PRESENTATION: CERTIFICATE OF ACCOMPLISHMENT TO GARY LAWHEAD. Mayor Figley presented Gary Lawhead with a Certificate of Accomplishment for his outstanding contributions to the community through his efforts on the annual Food Drive and spring / fall cleanups. She reiterated that her appreciation is extended to the MacLaren staff and students for their work but the Certificate is being awarded to extend her personal thanks to Mr. Lawhead for his community service. 0740 Richard Jennings, 595 Filbert St., congratulated Frank Lonergan on his appointment to the Council. He also announced that the Emerald Empire Bassett Hound Fanciers, Woodburn Recreation & Parks Department, Woodburn Company Stores, former Mayor Jennings, and current Mayor Figley will be presenting the first annual Bassett Hound games in Woodburn on July 18, 2004. For many years these games were held in Lebanon but were discontinued in 2003. As a result, he and Mayor Figley have been working on getting this event held in Woodburn. The games will be held at Legion Park and attendees are being encouraged to come early and stay longer thereby patronizing our Page 2 - Council Meeting Minutes, April 26, 2004 "",,,., '--."......"---.- '",.'", - "._-",,,.,._,,,,, ,,-, .---- COUNCIL MEETING MINUTES APRIL 26, 2004 TAPE READING City's motels, visiting the outlet mall and the community, and visiting our local restaurants. More information will be available as the games draw near and event organizers will be looking for volunteers to help with this event. He also presented Mayor Figley with a T-shirt publicizing this event and stated that a number of these T- shirts have already been sold in California. Mayor Figley stated that there is a small charge to bassett hound owners that want to have their bassett hound participate in the games but the event is free to everyone else attending the event. 1083 CHAMBER OF COMMERCE REPORT. Jeanne Hahn, representing the Chamber Board, updated the Council on scheduled Chamber activities through mid-May 2004. 1) Greeter's Program will be meeting at the following locations between 7 :30 am and 9:00 am: April 30th - Courtyard Cafe May 7th - Bratton & Associates May 14th - American Diagnostics of Woodburn 2) Business After Hours will be held on May 13th from 5:00 pm to 7:00 pm at Perfect Image Gift Shop located in the Woodburn Crossing Shopping Center. 3) Chamber Forum Luncheon will be held on Wednesday, May 19th, at the Tukwila Center for Health and Medicine from 12:00 noon to 1:00 p.m.. This month's feature event will be the 3rd Annual Project Leadership Youth Graduation ceremony. She presented the Council with copies of the new Chamber tourism brochures along with office statistics through March 2004. It was noted that the total number of contacts made is up by approximately 10,000 from last year. 1284 WOODBURN DOWNTOWN ASSOCIATION (WDA) REPORT. Mary Lou Cornejo, WDA Vice President, stated that the WDA annual dinner raised over $5,000 which will help their organization with expenses relating to the downtown lighting project and other downtown projects. Over the years, the WDA has really grown with much more to offer and she urged the Council and community to visit the downtown businesses. They envision the downtown area to be vibrant and visited by local residents and tourists thereby impacting the way of life in a positive manner. She also thanked the Police Department for stepping up their efforts in the downtown area to try and eradicate those unwanted elements so that everyone who comes to the downtown area will feel safer in addition to having a good time. She reported that the WDA did have a float in the April 17th Tulip Festival parade. She also thanked the Mayor and Council for their added support in the numerous events being held in the downtown area. The next event is scheduled for May 9th to celebrate Mother's Day. Page 3 - Council Meeting Minutes, April 26, 2004 COUNCIL MEETING MINUTES APRIL 26, 2004 TAPE READING Mayor Figley added that the events have been quality events and she has enjoyed attending these events. 1681 CONSENT AGENDA. A) approve Council minutes of April 12,2004; B) accept the Recreation and Park Board minutes of April 13, 2004; C) accept the Planning Comminutes minutes of April 8, 2004; D) accept the Library Monthly Report for March 2004; and E) accept the Claims for March 2004. MCCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion passed unanimously. 1744 COUNCIL BILL NO. 2506 - RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 21575 WITH THE STATE OF OREGON (Fundin~ Assistance for new Paratransit V an). Council Bill 2506 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 2506 duly passed. 1808 COUNCIL BILL NO. 2507 - RESOLUTION AUTHORIZING EXTENSION OF CONTRACTUAL SERVICES AGREEMENT WITH HUGGINS INSURANCE SERVICES. INC.. AS THE CITY'S INSURANCE AGENT OF RECORD. Councilor Sifuentez introduced Council Bill 2507. The bill was read by title only since there were no objections from the Council. Councilor Cox questioned if the agent receives significantly less in an actual payout as a result of commissions they receive on insurance they write for the City. Recorder Tennant stated that for most of the City's coverage, the City has made arrangements for a directly written account and the premium paid does not include a commission. We do have a couple of small policies that cover specific insurance needs in which the insurance company does pay our Agent a commission and, in those cases, the commission is deducted from the annual fee. Councilor McCallum questioned if the City would be soliciting proposals at the end of the two year period since this particular company has been the City's Agent of Record since 1994. Recorder Tennant stated that Huggins Insurance Services had been selected as Agent of Record following the 1994, 1997, and 2001 Request for Proposal process and staff will solicit proposals in 2006 for Agent of Record. On roll call vote, the motion passed unanimously. Mayor Figley declared Council Bill 2507 duly passed. Page 4 - Council Meeting Minutes, April 26, 2004 .. "-----T--.--~.-'--" COUNCIL MEETING MINUTES APRIL 26, 2004 TAPE READING 2068 RE-OPENING OF MARION COUNTY WORK CENTER. NICHOLS/BJELLAND... authorize staff to draft a letter to the Marion County Budget Committee in support of the Marion County Work Center. Mayor Figley expressed her support of the re-opening of the Center to house offenders rather than releasing them soon after they have been arrested because of a lack of jail space. Councilor McCallum stated that he had served on the Marion County Public Safety Coordinating Council and one of the messages the Council tried to get across to the various representatives was that there was a need for more jail space and the Work Center is the first step in accomplishing this task. The motion passed unanimously. 2218 LIQUOR LICENSE CHANGE OF CONDITIONS - Chateau Benoit Winery Outlet Store. 1001 Arney Rd. #406. Councilor McCallum stated for the record that his daughter works for the attorney firm Miller Nash as the Assistant Director of Client Services. He has no financial arrangements with his daughter and he does not have any other connection with Miller Nash. He did not feel that there was a conflict of interest but he did want it noted for the record. Deputy Chief Youmans stated that Chateau Benoit does have a Winery liquor license which allows for the sale of sealed containers, wine tasting, and wine by the glass service with food. The applicant is requesting approval for a change of conditions whereby they would be allowed to provide exterior service of wine by the glass. The applicant will have no more than six tables and twelve seats outside of their business with staff members monitoring the area. Linda Strand, representing the applicant, stated that there will be a fence around the tables. Councilor McCallum stated that he had some initial concerns about allowing alcohol consumption in a public area outside the confines of a building since children would be in the open area adjacent to the business. He questioned if only adults would be in the designated exterior area. Ms. Strand stated that under the winery license children could be in the exterior space, however, they are only allowed to serve wine by the glass with a meal to persons of legal age. Predominantly, they want to sell sealed bottles of wine to the public. Councilor Cox expressed his opinion that this is an appropriate location and, even though it will be very visible, it is out of the mainstream of foot traffic. It is a common practice to have lunch with a glass of wine and sidewalk cafes are not uncommon. Ms. Strand also stated that there will be soft drinks, water, and juice available in addition to the wine. Page 5 - Council Meeting Minutes, April 26, 2004 ~". . -".... -_."",,-- .~-_.._.....-... --....---.....-.--.. ..", .. ......... COUNCIL MEETING MINUTES APRIL 26, 2004 TAPE READING COX/BJELLAND... approve the proposed change to allow wine by the glass in exterior areas at Chateau Benoit Winery Outlet Store. The motion passed 5-1 with Councilor Nichols voting nay. 2623 CONTRACT AWARD: DEMOLITION OF HOUSE 0060 Mt. Hood Avenue). Mayor Figley stated that this item was being removed from the agenda and will be placed on the agenda for the next regular meeting. 2650 CONTRACT AWARD: BOONES FERRY ROAD UNDERGROUNDING UTILITIES. Bids for undergrounding of utilities on Boones Ferry Rd from Goose Creek south to Highway 214 and a for a portion of Settlemier Avenue south of Highway 214 were received from the following contractors: C & M Construction, $260,555.50; North Sky Communications, $263,655.80; Western Undergrounding, $289,725.00; Henkels & McCoy, $321,217.18; and EC Company, $382,070.00. COX/NICHOLS.... award the construct contract to the lowest responsible bidder, C & M Construction, for the undergrounding of utilities on Boones Ferry Road and a part of Settlemier Avenue in the amount of $260,555.50. The motion passed unanimously. 2725 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Conditional Use 03-07, Design Review 03-23, and Variance 03-29: Allows for modification of Conditional Use No. 02-05 and Design Review No. 02-16 to an approved water treatment facility located at 1084 Country Club Road, and Variance approval to the front yard landscaping standard. B) Planning Commission's approval of Planned Unit Development 03-02 and Variances 03-34, 03-35, 03-36, and 04-06: The final order provides for (1) modification of Condition of Approval #24 of Planned Unit Development Case File No. 99-01 in that an additional public access will not be required for the proposed 16 single family dwelling lots and common area in Phase III of the links at Tukwila; (2) PUD Preliminary plan Approval and PUD Design Plan Final Approval for "Links at Tukwila Phase III"; and (3) variances to the required lot width, depth, and coverage requirements, and to exceed the 250 foot cuI de sac length requirement. No action was taken by the Council on either one of these two actions. 2880 MAYOR AND COUNCIL REPORTS. Councilor McCallum thanked all of the volunteers and groups participating in the Spring Cleanup including the Key Club, PGE, Boy Scouts, MacLaren School, and other local organizations. He also thanked the Woodburn Fire District for providing the fire engine for the Mayor and Council to ride on during the Tulip Festival parade. Page 6 - Council Meeting Minutes, April 26, 2004 COUNCIL MEETING MINUTES APRIL 26, 2004 TAPE READING Lastly, he reminded the Council and public that the Mayor's Prayer Breakfast will be held on Saturday, May 8th, beginning at 7:00 am at the United Methodist Church. This annual event is sponsored by the Woodburn Kiwanis and the French Prairie Kiwanis. Councilor Bjelland stated that the next MW ACT meeting include discussion and prioritization the STIP constmction projects for 2007-09 STIP period. Woodburn has a couple of projects proposed and the 1-5 Interchange project will be at the top ofthe list. In regards to the 1-5 interchange right-hand turn lane improvement, staff stated that this project is scheduled for ODOT's May bid letting which is the last Thursday of the month. Ifthe bid is let, then construction should begin in July 2004 and it may take 90 days to complete the project. Councilor Sifuentez stated that she had read the Park & Recreation pamphlet and thought it looked great. She thanked the department for their continued effort in providing impressive programs for our youth. Councilor Cox complimented those responsible for the landscaping project around City Hall last year which is now beginning to look very nice. Mayor Figley stated that the landscaping on the south side of the building was performed by a boy scout but the rest of the project was done by City staff. The west side design was done by Park & Recreation Board Chair Herb Mittmann but executed by City staff. Administrator Brown also stated that a lot of the work that was done by City staff was done on their own time as well because they wanted to make sure that the project looked good. 3226 Mayor Figley stated that the Interchange Focus Group had an interesting discussion on design issues pertaining to developing the 1-5 interchange area to show it as a positive gateway to our community. The general public will soon be able to provide their comments on what can be done to make this project look very attractive along with other issues that they may want to express an opinion on relating to interchange improvements. She also stated that she, along with other Mayors, County Commissioners, and Tribal Representatives from our general area, had received an invitation from John Van Landingham, LCDC Chairman, to talk to LCDC (Land Conservation Development Commission) about issues in the land use process that are hampering economic development, or in hampering cities or communities in their planning activities. She felt that it was a positive and frank discussion with LCDC and appreciated LCDC's willingness to give the representatives an opportunity to express their views on the land use process. It was also noted that the Commission did take a bus tour that went through parts of Woodburn and Community Development Director Mulder was one of the tour guides. Page 7 - Council Meeting Minutes, April 26, 2004 COUNCIL MEETING MINUTES APRIL 26, 2004 TAPE READING Councilor Bjelland stated that five of the seven LCDC members are new and he had an opportunity to present to them the methodology and models he had been working on at the Housing workshop that was held before the Mayor met with the Commission that day. He felt that the Commission would be more attuned to listening to cities and people participating in the periodic review process in order to mitigate the problems that have been existing with the periodic review process. He stated that he had been appointed to the Economic Development Planning Advisory Committee for the LCD and LCDC and they will be looking at a lot of issues involving economic development improvements. He also stated that he had been appointed to the Governor's Economic Revitalization Team Advisory Committee on economic development and how to eliminate some of the barriers that have been existing to move economic development along in this process. 3658 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(h), 192.660(1)(f), and 192.660(1)(e). NICHOLS/MCCALLUM... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:58 p.m. and reconvened at 8:26 p.m.. 3690 Mayor Figley stated that no action was taken by the Council in executive session. ADJOURNMENT. COX/MCCALL UM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:27 p.m.. APP ATTEST [f1~ ~.. Mary Te ant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, April 26, 2004 . ......__., ...__........_._~.._'~....,...~._.,_""......~._._,..,_._^.. .-'-""_,_....~..^'........"_._..h.....,.,__'~...............__"..... Executive Session COUNCIL MEETING MINUTES April 26, 2004 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 26, 2004. CONVENED. The Council met in executive session at 8:00 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present 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, Public Works Director Tiwari, City Recorder Tennant The executive session was called under the following statutory authority: (1) to conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(1)(e); (2) 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); and (3) to consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f). ADJOURNMENT. The executive session adjourned at 8:24 p.m.. APPRO ATTEST j!1~<~~- Mary 'Ten t, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, April 26, 2004 ....'.".-.. . _.... ..... ',' ~ -...... .- -... .--.--.....-.