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Minutes - 10/11/2004 COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 11, 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 (7:03 pm) Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Russell, Parks & Recreation Director Westrick, Finance Director Gillespie, Senior Planner Zwerdling, Asst. City Engineer Torgeson, Recorder Tennant 0052 ANNOUNCEMENTS. A) Friends of the Woodburn Public Library Book Sale will be held on October 15 and 16, 2004 from 10:00 am to 4:00 pm at the Library. B) "'Paws for a Cause" will be held at the Woodburn Aquatic Center on October 23, 2004 from 10:00 am to 1 :00 pm. Dogs will be allowed in the pool with admission price being $5.00 and one-half of the proceeds will be donated to the Humane Society. C) Aquatic Center will be closed for annual maintenance from October 23, 2004 through October 31, 2004. The pool will re-open on November 1, 2004 with the regular Monday schedule. D) Public Hearing: The City Council will hold a public hearing on October 25, 2004 on the Northwest Natural Gas Franchise (continued from September 27,2004). o 120 PROCLAMATION: CRIME PREVENTION MONTH. Mayor Figley proclaimed the month of October 2004 as Crime Prevention Month in the City and urged citizens, businesses, and local organizations to work together in promoting and participating in crime prevention programs within our community. 0230 CHAMBER OF COMMERCE REPORT. Alma Grivjalva, Chamber President, stated that the Chamber newsletter is being distributed and it includes a number of articles including the recent Chamber Auction and Police Facility bond issue. She also stated that the newsletter includes her message to Chamber members regarding the Chamber's vision for the future since the Chamber is in Page 1 - Council Meeting Minutes, October 11, 2004 ~ T 1 COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING a transitional change and the Board is looking toward year 2005 and beyond. Her vision has been business and economic development, tourism, and the Chamber's own organizational development. She encouraged all Chamber members to participate in this process. The Chamber Forum will be held on October 20,2004, 12:00 noon, Tukwila Medical Center, with guest speaker being Congressional Representative Darlene Hooley. 0343 COMMUNICATIONS: MARION SOIL & WATER CONSERVATION DISTRICT ANNUAL REPORT. Mayor Figley stated that the annual report is included in this agenda material and reminded the public that the Conservation District does work within the City limits and they have participated with the City on some enhancement programs within our City parks. 0380 COMMUNICATION: CITY OF SALEM INVITATION TO ATTEND THEIR CITY HALL DAY. Mayor Figley stated that the City of Salem has invited City officials to attend their first annual City Hall Day on October 14,2004, 12:00 noon, at Pringle Community Hall. This event is designed to give city officials, legislators, candidates, and interested members of the public an opportunity to meet and discuss issues of concern to cities. Advance reservation is required by contacting the City of Salem. 0404 Sid Friedman, representing 1000 Friends of Oregon, 189 Liberty St., Salem, requested that the Council obtain more input from the public before they submit testimony on November 10, 2004 at the Marion County public hearing regarding the coordinated population projection for Woodburn which will be used by the City in their Periodic Review documents. The City is proposing a population of approximately 35,000 in 2020 for planning purposes which comes from a consultant's study and memorandum. He stated that in the consultant's memorandum that recommended the 34,919 population figure, it made the assumption that the City Council will take actions that might lead the City to grow more rapidly than it would otherwise might and, in their opinion, that is a policy choice that is properly made by the Council and not by staff or a consultant. His organization feels that the City should take a conservative approach to its growth projection rather than a more aggressive stance. He requested that the City slow down the process with Marion County until after the Council obtains more public input on this issue. He also thanked Mayor Figley for her public opposition to statewide Ballot Measure 37 and urged Council passage of the Resolution that is listed on this meeting's agenda. Carla Michelson, 17244 Arbor Grove Rd NE, Woodburn, stated that she has been involved in opposing Ballot Measure 37 and has been involved in several public debates. Page 2 - Council Meeting Minutes, October 11, 2004 T , COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING She stated that even ifthere is a belief that people deserve some compensation for what may happen to them, this is not the measure that will be the best fix since it essentially throws everything back to local governments and will cost an outrageous amount of time and money. If passed, the courts will be the only recourse for property owners who feel that there neighbor has done something that will impact their property values. She felt that the legislators should be coming up with some other mechanism to resolve these types of land use matters. She urged Council support for the resolution being considered at this meeting. Lolita Carl, 17564 Shank Rd NE, Hubbard, also thanked the Mayor for taking a stand in opposition of Ballot Measure 37. She felt that it would create untold chaos and cost ifit is passed by the voters. She also expressed her opinion that the citizenry of the area surrounding Woodburn needs to be invited to a Council meeting to give public on a projected population estimate rather than relying on a consultant's opinion who was also paid by a development company that wants to have the zoning change on farmland they have an interest in. She reminded the Council that some of the City's main businesses supported by the agricultural industry are threatened by population expansion and the urbanization of farmland. She urged the Council to give a lot of consideration as to the population that the City is aggressively urbanizing farmland rather than respecting this already viable industry that is supporting this community. Kathleen Carl also urged the Council to slow down the process and give the public some time to comment this population figure before the staff ends up negotiating a coordinated population figure with Marion County. She also appreciated the Council's consideration of adopting the resolution to oppose Ballot Measure 37. Theodora Target, 13305 Carl Rd NE, Hubbard, also encouraged the Council to take their time with the population forecast and sees the 34,919 population as a very aggressive approach to growth. Even though she is not opposed to growth, she would like to make sure that the growth is in terms of quality of life for all of the citizens within this community. She lives about a mile from the current urban growth boundary and has been a member of the community most of her life. She would like to have her views, along with those who live in and around the City, to have the opportunity to express their opinions about the position Woodburn takes towards growth over the next 16 years. 1194 Mayor Figley stated that there are some issues that are quite global that will have extension public discussion and public hearings at both the Planning Commission and City Council levels. Among those issues will be the Transportation Plan update and expansion of the urban growth boundary. These areas will include discussions on community priorities and values and there will be ample opportunity offered to City residents and any other individual who would like to express their views. In regards to population, the City has taken population figures into account when forecasting the size of the City for infrastructure projects, parks, and other issues that require the City to build in some excess capacity. The consultant figure is not a number that was a surprise to the Page 3 - Counci I Meeting Minutes, October 11, 2004 . T , COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING Council and, in looking at the City's transportation needs and how they are met depend, on part, on high or low the City's population figure. In recent years, the City's population growth has been high in comparison to other areas within the County. She stated that City Attorney Shields had provided the Council with information on how much of this decision lies with the City versus County and, in this case, the decision lies with the County. The City will be attending the hearing and addressing the County with what the Council believes is the best information available. Members of the public are invited to attend the hearing before the County Commissioners to give their input on this issue. Councilor Bjelland stated that he sits on the Population Estimates Sub-committee for the Urban Growth Boundary Amendment Process that the State of Oregon is going through to look at the whole issue of the difficulties in expanding urban growth boundaries in Oregon. A critical issue identified is the difficulty in getting acceptable population estimates to define what an urban growth boundary should encompass as far as population. They have been looking at this issue since many counties do not do the coordinated population forecast and it has been a real problem for Woodburn in attempting to get a coordinated population forecast. In his work position, he has developed programs in estimating population projections and he has done his own analysis on the projection of Woodburn's population and feels that the population number should be significantly higher than the consultant's recommendation. One of the primary methodology has been the average increase in population over a number of years. At the Marion County level, the percentage increase reflects a 2.8% annual population increase for the City, however, the actual census information for Woodburn reflects a 4.1 % annual increase over the last 14 years. The population growth over the last 3 years has been about 4.4% annually. If one would assume these same percentage levels, then the population projection at 2020 would be closer to 44,000. He feels that the 35,000 population figure is an extremely conservative number and feels that the City would be remiss in planning for that population growth. If changes are made to the periodic review process, it is hoped that these issues and assumptions are reviewed every 5 years. The committee is in the process of drafting proposed modifications to the rule and the Oregon Administrative Rules that govern the Goal 14 rule. He stated that the City is not planning any future things to drive increased population but, if anything, will be far short of what the actual pressures have been within the City. 1788 Councilor Cox stated that he has been on the Planning Commission for 5 years and on the Council for 2 years and there has never been a time when population growth projections were not on the table and being discussed at all levels. While on the Planning Commission, these same issues were before them and the numbers were in the same range that the consultants have recommended. These numbers were talked about long before Consultant Winterowd was ever in the picture. He feels that it is the Council's job to responsibly respond to what growth will be and there are many intangibles that determine growth that the Council has no direct control over. The Council would be remiss if they did not allow for what they seem to think what is likely to happen and to Page 4 - Council Meeting Minutes, October 11, 2004 T" '" COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING prepare for that growth. There may not have been a public hearing on the specific issue of growth but it has been discussed at many public meetings at the Planning Commission and Council levels. Under the administrative rules, the figure is supposed to be set, in part, based on scientific evidence and, although he appreciated the importance and necessity of public input, just providing an unscientifically based number does not meet all of the requirements. Councilor McCallum stated that his experience with consultants would indicate that the population growth figure is too low but feels that the City has followed the process and the Council should continue to pursue the recommended number. Councilor Nichols stated that he had previously served on the Council and the Council at that time had spent a substantial amount of time trying to catch up with the growth factor since no one planned for the future. The City is now in the position of looking into the future but now the State and County are involved. He stated that the Council's job is to take care of the citizens of Woodburn in a manner that is appropriate and that is what the Council has been doing. Councilor Lonergan concurred with comments made by the Mayor and Councilors and reminded the audience that the November 10, 2004 meeting is a public hearing before the Marion County Commissioners. Mayor Figley reiterated that this is a County decision and the Council realizes that the transportation system plan, any urban growth boundary expansion, and any updates to the Comprehensive Plan involve a public process at which any member of the public is welcomed to attend and give input. 2390 Thomas Drewek, 683 N. Second St., stated that he has been a resident of Woodburn since 1988. His philosophy has been to help people but in the process he gets ripped off. He also objected to the City's selective pre-textual profiling in that many of the police officers simply look at a car based on its age or condition and finds some reason to stop that car and then try to look for something to cite or arrest the individuals for because an older car most often means a poor person. In many cases, the arrest records will reflect mostly Hispanics since they do not have the money nor the nice fancy cars. He also had a problem with the swimming pool in that the admission price has raised from $1.75 when it first opened to the current price of $2.50. He has also noticed that pool attendance is down, hours of operation are reduced, it is overstaffed, and half of the employees are not working when they should be. He also has a problem with the Police Department in that he had over $2,000 in jewelry missing from his home and he contacted the Police Department to report the loss. Several hours later he was contacted by the department and he told them who had stolen the jewelry and where it was located along with other information on persons living at that same location. The Police Department has failed to take any action to recover his property. Lastly, he had parked his car on his lawn since the street sweeper was going to sweep the street in front of his home during the early Monday morning hours. As a result, he received a citation for parking his car on his lawn Page 5 - Council Meeting Minutes, October 11, 2004 T' ~ COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING with a fine amount of $750.00. He could not understand how he could get a citation for trying to do something reasonable for the City when is he is not bothering anyone else. He felt that the City was trying to steal money from the people that they can get it from the easiest rather than arresting burglars and drug dealers. Since his car was towed away, he had to pay another $150.00 to get his car released whereas the towing bill in Portland is $30.00. He did not understand why it was so much more expensive in Woodburn to get a person's car cleared. 3027 CONSENT AGENDA. A) approve Council minutes of September 27, 2004; B) accept the Building Activity report for September 2004; C) accept the Planning Project Tracking Sheet dated September 23,2004; and D) accept the Library monthly report for September 2004. MCCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion passed unanimously. 3076 PUBLIC HEARING: ANNEXATION 04-01. ZONE CHANGE 04-01. PROPERTY LINE ADJUSTMENT 04-02. AND PROPERTY LINE ADJUSTMENT 04-03 REGARDING ANNEXATION AND ZONE CHANGE ON CITY OF WOODBURN PROPERTY LOCATED AT 515 S. SETTLEMIER AVENUE. Mayor Figley declared the public hearing open at 7:50 p.m.. For the record, the Mayor stated that she lives 4 houses down from the property in question and is very familiar with the property and location. The Councilors also stated that they are familiar with the property but have no conflict of interest or potential conflicts of interest. Senior Plamler Zwerdling stated that the property is owned by the City of Woodburn and they have applied for the annexation of 3.11 acres located at 515 S. Settlemier. They have also requested a zone change from Marion County Urban Transition Farm (UTF) to City Single Family Residential (RS) and Public and Semi-Public Zoning (P/SP) District, and to adjust the property lines on 3 tax lots to adjust the boundary of the property. The annexation and zone change request has been made for the purpose of enlarging the existing City well-site property to accommodate the construction of a storm water regional detention facility on the rear west side of the property. On September 9,2004, the Planning Commission adopted their final order recommending Council approval of the application subject to conditions of approval as outlined in the final order. David Torgeson, Asst. City Engineer (applicant), expressed his appreciation to Mrs. Hazel Smith for her donation of the property for public use. If approved, a regional storm water detention facility will be designed and constructed to support future growth of the City in this area. No one in the audience spoke either for or against the proposed land use application. The Mayor declared the public hearing closed at 8:00 p.m.. Page 6 - Council Meeting Minutes, October 1l, 2004 ....,. COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING NICHOLS/COX... approve Annexation 04-0l, Zone Change 04-01, Property Line Adjustment 04-02, and Property Line Adjustment 04-03, and instruct staffto prepare an ordinance to substantiate the Council's decision. On roll call vote, the motion passed unanimously. 3872 COUNCIL BILL NO. 2534 - RESOLUTION DENYING VARIANCE APPLICATION 04-10 FOR THE PROPERTY LOCATED AT 2875 NEWBERG HIGHWAY. Councilor Sifuentez introduced Council Bill 2534. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2534 duly passed. 3960 COUNCIL BILL NO. 2535 - RESOLUTION REGARDING STATE-WIDE BALLOT MEASURE 37. Mayor Figley stated that Councilor Cox has distributed copies of this proposed bill to the Council for their consideration. She stated that the Council understands that their main work is to conduct business of the City and, in general, do not take a political position on issues when conducting City business. However, an exception is being made on Ballot Measure 37 since they feel that it is a measure that many of them would believe has a significant negative impact on both the finances and quality of life in Woodburn and the surrounding area. She also stated that the Council was being scrupulous about what the law allows elected officials to do regarding political issues versus what is not allowed to be done by publicly salaried employees. Councilor Sifuentez introduced Council Bill 2535. Councilor Cox, author of the Resolution, read the bill in full as requested by Councilor Bjelland. Councilor McCallum stated that he would not normally take a position on a ballot measure, however, in this case, he would strongly support the Resolution to oppose Ballot Measure 37. He also thanked Councilor Cox for all of his work in bringing this Council Bill to the Council for consideration. Councilor Lonergan also thanked Councilor Cox and expressed his support for the passage of this bill. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2535 duly passed. 4516 COUNCIL BILL NO. 2536 - RESOLUTION AUTHORIZING TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2004-05. Council Bill 2536 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 Page 7 - Council Meeting Minutes, October ll, 2004 . ...' ,. COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING passage, the bill passed unanimously. Mayor Figley declared Council Bill 2536 duly passed. 4585 COUNCIL BILL NO. 2537 - RESOLUTION ENTERING INTO AN AGREEMENT WITH WOODBURN GRANGE NO. 79 FOR THE PURPOSE OF WIDENING SETTLEMIER AVENUE. Councilor Sifuentez introduced Council Bill 2537. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2537 duly passed. 466l ACCEPTANCE OF BANCROFT BOND APPLICATION. Staff recommended acceptance of a Bancroft Bond application submitted by Sukhrob & Mavjuda Rabimov, l454 Greenview Court, on October 5, 2004 thereby giving them an opportunity to participate in the installment program for their share of the costs associated with the East Hardcastle Avenue local improvement district. BJELLAND/NICHOLS... under the authority ofORS 223.210 the Council accept the attached Bancroft Bond application which was filed after the initial 10-day filing period on the East Hardcastle LID. The motion passed unanimously. 4702 BID AWARD: MUNICIPAL WELL 14 RAW WATER TRANSMISSION LINE. Bids for the construction of the transmission line from Well 14 to the National Way treatment plant were received from the following contractors: Kerr Contractors, Inc., $142,798.70; Dunn Construction, Inc., $202,532.00; and Western Underground, Inc., 5>250,607.00. Staffrecommended the acceptance of the bid submitted by Kerr Contractors, lnc.. BJELLAND/MCCALLUM... award bid for Municipal Well 14 raw water transmission line to the low responsible bidder, Kerr Contractors, Inc., for $142,798.70. The motion passed unanimously. 4768 APPOINTMENT OF ADMINISTRATOR PRO-TEM. Administrator Brown stated that he will be attending an ICMA Conference in San Diego, CA and, while he is out of town, he recommended the appointment of Public Works Director Tiwari as Administrator Pro-Tern. NICHOLS/LONERGAN... appoint the Public Works Director as Administrator Pro- Tern for the period of October 16, 2004 through October 20, 2004. The motion passed unanimously. 4736 LEAGUE OF OREGON CITIES CONFERENCE AND BUSINESS MEETING. Councilors Sifuentez and Nichols stated that they would be attending the annual conference. Administrator Brown also suggested to Councilor Lonergan that he may be interested in Page 8 - Council Meeting Minutes, October ll, 2004 . T' r COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING attending either a portion of or the entire conference and budgeted funds are available to pay for his attendance at this conference. COX/MCCALLUM... appoint Councilor Sifuentez as the delegate and Councilor Nichols as the alternate. The motion passed unanimously. 5007 KROC INITIATIVE TASK FORCE. Parks & Recreation Director Westrick stated that a feasibility application was submitted to the Salvation Army requesting grant funding from the Kroc Initiative for a community center that would be owned and operated by the Salvation Army. He stated that the Community Center Task Force has been invited to make a presentation to the Kroc Initiative Task Force on October 28,2004 to supplement the application materials previously submitted. Since the center is owned and operated by the Salvation Army, they would also need to be the owner of the property where it is located. The Task Force had been considering the construction of a facility on park property and, if that was the case, then the City would need to find a way to deed the property to the Salvation Army. He stated that Captain John Van Cleefhas been very helpful in providing detailed infonnation to assist the Task Force in developing a proposal that may be forwarded to Salvation Army Headquarters for funding consideration. Captain Van Cleef attended a recent Task Force meeting and he stated that his organization is a strong supporter of a single campus whereas the Task Force has been considering a split campus. The Task Force is still in favor of the split campus and will further discuss this issue before the October 28th presentation date. He reviewed the process that will be followed over the next several months if the Task Force's application is accepted as a preferred application by the Cascade Division of the Salvation Army who will then submit it to the Western Territorial Headquarters for further consideration. Recipients of the funding awards will be announced in May 2006. 5585 Councilor Bjelland stated that he is familiar with the Joan Kroc Center located in San Diego, California, and, based on his understanding of her and the Salvation Army's interest and background, he suggested that the City's application should strongly emphasize the demographic makeup and economic condition of Woodburn. He had recently done some research on the average adjusted gross income of 80 cities in Oregon and Woodburn rated number 74 or 75 in addition to being the the largest community of those that were on the lower end of the scale. He feels that this information will be very beneficial to impart to the Salvation Army and the Joan Kroc organization since they are interested in funding community centers in areas which do not have the normal financial means in order to fund a community center. He felt that the more the City's application can reflect this issue then the better the chance the City will have in moving toward the next step of the process. He also felt that inclusion of an alternative that would provide for a single campus would also be beneficial in the event the Salvation Army was unwilling to accept a split campus proposal since this is opportunity needs to be pursued by the City. Page 9 - Council Meeting Minutes, October ll, 2004 ,. , COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING Councilor Cox stated that the Salvation Army is a very good organization and he feels that the Task Force needs to strongly consider a single campus site especially if the Salvation Anny has already indicated that a split campus could be a deal breaker. Mayor Figley stated that she attended the meeting with Captain Van Kleef and he had stated that the Salvation Anny is not interested in duplicating facilities but interested in building facilities and in giving opportunities where none currently exist. Additionally, the Salvation Army prefers not to have a swimming pool as part of a center and the City's pool is great facility. She also felt that the City would be in a better financial position to continue operational costs for the swimming pool and maybe some complementary equipment such as workout or movement equipment and let the Kroc Center provide for the indoor gyms, ballrooms, indoor soccer, meeting rooms, etc.. Administrator Brown suggested that the Council consider the endorsement of a Resolution to support an application at the next meeting and, as the process continues, there will be other opportunities to execute contracts and make some decisions that would impact the City. Councilor McCallum expressed appreciation to the Task Force for moving forward with the application process, however, there may be some future financial obligations from the City and the City needs to be in a position to make the those decisions which will protect the City and community. Councilor Bjelland felt that the ownership and operation by the Salvation Army would remove a lot of potential financial concerns of the City as opposed to a City owned faci lity. Councilor McCallum agreed with Councilor Bjelland but stated that there seems to be restrictions that may close the doors on some community members or on some activities and the on development of our own recreation programs. He wants to make sure that the City is aware of the issues as this project moves along even though he does not want to do anything that would be a deal breaker unless there was really something big that would surface in this process. Mayor Figley stated that she was pleased with comments made by Captain Van Kleef relating to how they operated their facilities and programs offered. She also stated that she had gone on-line to look at programs held at the proto-type Kroc Center in San Diego and it looks very much like Portland Parks, the YMCA, or the Woodburn Recreation Reporter other than it is a much bigger facility and a lot more activities. She felt comfortable that any of our community members could go to this facility and participate in their activities. 6458 Director Westrick stated that if the City's application is selected for further review at the Western Territorial Headquarters, the City will still have a few months to decide if we want to pursue this application or to withdraw from the process. Councilor Nichols reminded the Council that this facility will involve not only Woodburn but a number of smaller communities around Woodburn such as Donald, Hubbard, Gervais, Aurora, Molalla and Mt. Angel. Page 10 - Council Meeting Minutes, October ll, 2004 . .... 1" COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING Mayor Figley stated that a point they will be making with the Salvation Army is that Woodburn, other than the pool, is very facilities poor whether it be parks, schools, libraries, or community center and has a very large number of young families and lower income young families that would benefit from this type of facility. 0145 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that the Plaza project has involved the coordination of City staff, landscape architect, structural engineers, electrical engineers, and some geo- technical staff in order to make sure that the demolition of the existing parking lot and evaluation of the sub-structure takes places to insure that whatever is constructed on the new plaza will stand in a sturdy fashion. There is quite a bit of electrical work incorporated into this project to not only light the plaza but to have adequate amperage for amplified music and general electrical use by vendors during an event. Additionally, staff is working with PGE to move a transformer box so that the box will be less obstmctive. The fountain will be a recirculating fountain which has caused it be looked upon as more of a swimming pool type rather than a fountain which has resulted in more in-depth review as to what the systems are that aide the recirculation and water purification. All of these issues have delayed the project from going out to bid as planned this summer. Another issue that has now surfaced is the escalating cost of concrete during this last construction season and, as a result, the City's consultant has found that the concrete bids have been coming in at 20%-30% higher than anticipated. Since the City does not have budgeted funds to meet this cost increase and with winter months approaching, staff will be delaying the project until the spring with the hope of a better construction bid for this project. Bids would be accepted in November or December with the hope that the project would commence in March or April with a target completion date of June 30, 2005. In the meantime, activities at this site will be scheduled through the end of the year such as downtown association events and the Christmas celebration. 0456 Councilor Nichols expressed his personal thanks to Mrs. Hazel Smith for all that she has done for the Woodburn community and for her generous donation of property for the City's new well site and storm water detention facility. 0485 City Attorney Shields briefly reviewed a procedural change that was on this agenda relating to the Council Bill on the variance application. In the past, the Council has adopted an ordinance on this type of application even though they are considered a limited land use action. However, a resolution is just as acceptable and he will continue to identify it as a resolution unless the Council prefers to have it changed back to an ordinance. He reiterated that not all land use actions will be classified as a resolution but for a limited land use action the ordinance is not necessary. Councilor Cox stated that he had noticed the change but now understands the reason for the change and does not disagree with the use of a resolution for a limited land use action. Page 1 I - Council Meeting Minutes, October 11, 2004 T' COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING 0584 MAYOR AND COUNCIL REPORTS. Councilor Nichols informed the public that there are some telephone calls coming in from Florida announcing to people that they are eligible for grants of $10,000 or more if they would verify the fact that they have a bank account. If anyone has received this type of call and given out a bank account number, he urged them to notify their bank immediately so that they can be on alert for transactions that were not authorized. Councilor McCallum thanked the all of the volunteers who participated in the city-wide cleanup effort last Saturday and, in particular, Woodburn Kiwanis, French Prairie Kiwanis, Woodburn High School Key Club, and the Mayor. The volunteer group was smaller than usual but there were still a number oflitter bags filled. The volunteers also commented on how the area is getting cleaner and the improvement is noticeable. He also stated that Walt Howell, Success School staff member, has been pleased with the cooperation that he has received from the City, in particular the Recreation, Parks, and Library, in placing high school students in intern positions and the work being done by staff with these students. Councilor McCallum requested that Chief Russell update the Council on a Community Conversation scheduled for October 19th. 0767 Chief Russell stated that there will be a Community Conversation meeting on October 19, 2004, 7:00 p.m., at Woodburn High School to talk about the methamphetamine issue in the greater W oodbum area. Local agencies involved in this program are Woodburn Together, the School District, Police Department, Marion County Sherriffs Office, Marion County Health Department, and Marion County Public Safety Coordinating Council and they are looking at the enforcement, prevention, and treatment (educational) aspects. The Police Department is working with Woodburn Together to try and present a general framework of discussion since they, like the Police Department, have goals that they would like to achieve to reduce drug usage within our community. Interested members of the public are urged to attend this meeting. Councilor McCallum questioned if staff had received any response back from ODOT on the Highway 99E median strips. Administrator Brown stated that staff has not heard back from ODOT but will contact them to check on this issue. Councilor Cox also questioned the status of ODOT approving the temporary signal pennie Public Works Director Tiwari stated that based on the latest information, it will be at least two weeks away from getting the necessary permit. Councilor Bjelland stated that MW ACT had issued invitations to legislators, elected officials, and candidates to attend their meeting last Thursday and there were more than 60 people in attendance. He felt that the presentation on the transportation issues facing the three county region went very well and emphasized the need to find funding solutions to make necessary transportation improvements within this region. Page 12 - Council Meeting Minutes, October ll, 2004 ',." T COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING 1166 Councilor Bjelland also questioned the violation amount on a parking on lawn citation which was brought up earlier by Mr. Drewek. City Attorney Shields stated that a $750.00 fine under the City Code would be a Class I Civil Infraction which is an absolute maximum fine and the Judge imposes fines on a case by case basis as to what transpires during the hearing. Mr. Drewek stated that the citation reads that the violation must be corrected and failure to correct the violation will result in a $750.00 fine. Councilor Cox stated that this was a warning citation. Councilor Sifuentez requested that Chief Russell talk to Mr. Drewek regarding the issues that he has brought up before the Council. Mayor Figley expressed her appreciation to the Cleanup volunteers including the two mothers and their children that worked with her on picking up the litter along Young St.. She also reminded the public that October 12, 2004 is the last day to register to vote in the upcoming General Election and encouraged those who have not registered as of yet to do so and exercise their right to vote on candidates and measures. 1528 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the ORS 192.660(1)(h),ORS 192.660(1)(f), and ORS 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 into executive session at 8:57 p.m. and reconvened the meeting at 9:37 p.m.. 1554 Mayor Figley stated that no decisions were made by the Council while in executive sessIOn. 1580 ADJOURNMENT. MCCALLUM/SIFUENTEZ... meeting be adjourned. The meeting adjourned at 9:38 p.m.. ATTEST /74~~~ Mary enri t, Recorder City of Woodburn, Oregon Page l3 - Council Meeting Minutes, October ll, 2004 "T'J'