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Minutes - 08/23/2004 COUNCIL MEETING MINUTES AUGUST 23, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 23, 2004. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Absent Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Public Works Manager Rohman, Senior Planner Zwerdling, Management Analyst Smith, Recorder Tennant ANNOUNCEMENTS. A) Music in the Park: Library Park at 7:00 p.m. August 24, 2004 - Golden Bough - classical Irish band from San Francisco August 31, 2004 - Joni Harms - country music singer These are the last two music performances for this year. B) Public Hearing: Northwest Natural Gas Company franchise hearing has been continued to September 13, 2004 C) Curbside Food Drive: United Disposal Service will be collecting non-perishable food donations at residential curbs on their customers next regularly scheduled recycle day in September. This annual event is sponsored by the Mid-Valley Garbage & Recycling Association and donations will be given to the Marion Polk Food Share. D) Park & Recreation Board: There are two vacancies on this board and individuals interested in serving on the Board are asked to call the Mayor's office for an application. E) Planning Commission: There is a vacancy on the Planning Commission and individuals interested in serving on the Commission are asked to call the Mayor's office for an application. F) Celebration of Mexican Independence (September 16): This annual celebration will be held on September II and 12 in Settlemier Park from 10:00 am to 9:00 pm on both days. The event will include numerous family and cultural events, mariachis, food, games, and prizes. The main event, Celebration of Grito, will be held on September 12th at 7:00 p.m.. The public is encouraged to attend this event. Page I - Council Meeting Minutes, August 23, 2004 ""-"-'T""-"'''--'->-'.--- . ~ COUNCIL MEETING MINUTES AUGUST 23, 2004 TAPE READING 0185 CHAMBER OF COMMERCE REPORT. Walt Blomberg, representing the Chamber Board, provided information on the upcoming Chamber events: 1) Farewell Open House - August 31": The Chamber will be hosting a farewell open house for Jerry Wheeler who has taken a position as Director of the Lake Oswego Chamber of Commerce. 2) Wellness Expo - August 28'h. This event will be sponsored by Cascade Park and Countryside Living. 0275 CONSENT AGENDA. A) approve the regular and executive session minutes of August 9, 2004; B) accept the Library Board minutes of July 14, 2004; C) accept the Planning Commission minutes of July 22,2004; D) accept the Library Monthly Report for July 2004; E) accept the Police Department Statistics report for June 2004; F) accept the Claims for July 2004; G) accept the Aquatic Center Revenue Comparison report; H) accept the Street Closure report; I) accept the Park Avenue Traffic Signal Warrant Study report; J) receive the information on the execution of Resolution No. 1757 (Council Bill 2511); K) receive the information on the addition of a School Crossing on W. Hayes Street at Cozy Way; and L) receive the information on traffic flagging operations on Arney Road at N. Woodland on September 4,5 and 6, 2004,10:00 am to 7:00 pm, to facilitate traffic flow to and from Woodburn Company Stores. The flaggers will be licensed and bonded and under contract with Woodburn Company Stores. NICHOLS/LONERGAN... adopt the consent agenda as presented. The motion passed unanimously. 0342 COUNCIL BILL NO. 2525 - ORDINANCE AMENDING ORD. 1652 (TECHNICAL AND ENVIRONMENTAL SERVICES CHARGE ORDINANCE). Councilor Sifuentez introduced Council Bill 2525. 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 2525 duly passed with the emergency clause. 0425 COUNCIL BILL NO. 2526 - ORDINANCE AMENDING ORD. 1965 (SANITARY SEWER AND WATER SERVICE ORDINANCE). Council Bill 2526 was introduced by Councilor Sifuentez. Councilor Cox stated that he had concerns regarding language in the proposed ordinance and has been discussing his concerns with Administrator Brown. Page 2 - Council Meeting Minutes, August 23, 2004 ,. COUNCIL MEETING MINUTES AUGUST 23, 2004 TAPE READING COX/BJELLAND... this ordinance be tabled until the next regular meeting and referred back to staff. The motion passed unanimously. 0552 OREGON LIOUOR LICENSE CHANGE OF OWNERSHIP - SALVADOR'S BAKERY III. 320 N. Pacific Hil!hwav. Staff recommended the approval of the change of ownership request submitted by the new owners/limited partners Rita Aviles, Sylvia Aviles, and Francisco Melendez. The owners have entered into a compliance plan with the Police Department. BJELLAND/SIFUENTEZ.... approve a change of ownership application for Salvador's Bakery III. The motion passed 4-1 with Councilor Nichols voting nay. 0591 OREGON LIOUOR LICENSE CHANGE OF OWNERSHIP - THE END ZONE. 980 N. Pacific Hil!hwav. Staffrecommended the approval of the change of ownership application submitted by B. Sydney Enterprises, LLC. COX/LONERGAN... approve the change of ownership application for The End Zone. Councilor Lonergan questioned if the manager lives in Covington, W A which is quite a distance from Woodburn. Chief Russell stated that the Covington, WA is the manager's current address but he is in the process moving to our area to take over management and ownership of the business. On roll call vote, the motion passed 4-1 with Councilor Nichols voting nay. 0679 REMOVAL OF TEMPORARY INCREASE IN AUTHORIZED STAFFING LEVEL. BJELLAND/COX... eliminate the temporary increase in the authorized staffing level for police officers since the insurance settlement is now finalized. The motion passed unanimously. 0705 CITY ATTORNEY EMPLOYMENT AGREEMENT. NICHOLS/SIFUENTEZ... approve and authorize the Mayor to execute the attached amendment to the City Attorney's employment agreement. City Attorney Shields declared a conflict of interest and stated that he is not providing legal advice on this matter. The motion to approve the amendment to the agreement passed unanimously. 0778 PLANNING COMMISSION / ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's Denial of Variance 04-10 (WESMAR Land Company, 2875 Newberg Highway): The variance requested Commission approval to increase their sign height from the maximum 35 foot height allowed under the Sign Ordinance to 41.5 feet and to increase the 75 sq. foot maximum area to 140.4 square feet. On August 19,2004, the Planning Commission adopted their final order to deny the application. Page 3 - Council Meeting Minutes, August 23, 2004 -,--"<-'.' ......,...~._~."'.. 'I' ---T' COUNCIL MEETING MINUTES AUGUST 23, 2004 TAPE READING No action was taken by the Council on this application. B) Community Development Director's Approval of Administrative Design Review 04-08 (Cascade Park Retirement Center, 950 N. Cascade Dr.) The applicant requested design review approval to complete the exterior and facade improvements to the Center which were subsequently approved by the Community Development Director. No action was taken by the Council on this application. 0823 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that his employment contract will be expiring in September and he will be forwarding performance evaluation forms for the Council to complete along with other applicable documents. An executive session will be scheduled for the next regular meeting. He also stated that a local business has recently e-mailed question(s) to the Councilors regarding operation of the sign ordinance. He is in process of preparing a response and he will circulate the response amongst the Mayor and Council before it is released to the business. 0900 MAYOR AND COUNCIL REPORTS. No comments were made by the Mayor and Council at this meeting. 0926 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(h), ORS 192.660(1)(f) and ORS 192.660(1)(e). NICHOLS/LONERGAN... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:18 p.m. and reconvened at 7:27 p.m.. 0960 Mayor Figley stated that no decisions were made by the Council while in executive session and no action is needed as a result of items discussed. 0985 ADJOURNMENT. BJELLAND/NICHOLS.... meeting be adjourned. The meeting adjourned at 7:28 p.m. ATTEST fJ1~~ - ~ Mary Te nt, Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, August 23,2004 .... ... , "'.~-~-_....--"...,'.., Executive Session COUNCIL MEETING MINUTES August 23, 2004 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 23, 2004. CONVENED. The Council met in executive session at 7:20 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 Absent Present Present Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant The executive session was called under the following statutory authority: ]) to conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS I 92.660( 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 7:26 p.m.. ATTEST~ ~~- Mary Ten t, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, August 23, 2004 _.~._.- '--~......,..-~'.- T T ~"_..._._.._."I"