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Minutes - 05/09/2005 COUNCIL MEETING MINUTES MAY 9, 2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 9, 2005. 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 Absent Absent Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Public Works Manager Rohman, Wastewater Treatment Superintendent Sinclair, Recorder Tennant Mayor Figley stated that Councilors Cox and Bjelland were both out of town. 0055 ANNOUNCEMENTS. A) Budget Hearings for fiscal year 2005-06 will be held on May 21,2005,9:00 a,m" in the City Hall Council Chambers, B) Special Election, May 17,2005: Woodburn City Hall is a designated Marion County ballot drop site for this County-wide election and the lobby will remain open on election day until 8:00 p,m.. C) Continued deliberations regarding Periodic Review will be held on May 23,2005 at 7:00 p,m.. D) Sixth Annual Mother's Spa Day will be held on Sunday, May 15th, 1 :OOpm to 4:00 pm, at the Aquatic Center. E) Teen Scene Dance will be held on Friday, May 13th, 7:00 pm to 9:00 pm, at Valor Middle School. F) Teen Scene Swim Night will be held at the Aquatic Center on Saturday, May 21 S\ from 7:00 pm until 9:00 pm. 0204 PROCLAMATION: POLICE MEMORIAL WEEK. Mayor Figley proclaimed the week of May 15-21, 2005 as Police Memorial Week and May 15, 2005 as Peace Officer's Memorial Day in conjunction with National Police week, Page 1 - Council Meeting Minutes, May 9,2005 u COUNCIL MEETING MINUTES MAY 9, 2005 TAPE READING 0320 PRESENTATION: MARION COUNTY PUBLIC SAFETY COORDINATING COUNCIL. Walt Beglau, Marion County District Attorney, stated that he shared Council concerns about a compelling public safety issue regarding a severe epidemic of methamphetamine (meth) throughout Marion County and it continues to collide with daily efforts of law enforcement, social services, businesses, health care, and increasing citizen involvement. In law enforcement, efforts have been focused on protecting children, Methamphetamine is a crippling addiction, has a lucrative profit, and is easy to manufacture which are three examples as to why this problem is so widespread, Property crimes and identity theft is being fueled by the use of this drug and methamphetamine in Marion County is the prevailing motive in 80% or greater of all Identity Theft cases, He briefly reviewed the rising statistics relating to narcotics not only within the County but also specific to Woodburn, He stated that the Public Safety Council has developed a Strategic Plan which was distributed to the Council prior to this meeting, He extended an invitation for the Council to join the Coordinating Council in looking at a sustained and coordinated effort to fight this issue, Marion County Sheriff Raul Ramirez stated that they are communicating the Coordinating Council message County-wide since it affects all citizens whether directly or indirectly, Within the County jail, cases involving 80-85% of individuals in custody have some relation to meth use and the trend in Woodburn shows that the number of arrests continues to increase since the City's law enforcement officers aggressively pursue drug dealers, The number of children taken into protective custody continues to rise and the County is on a record pace of children who will be in need of foster care and there is a need for more families to sponsor foster homes, Treatment is a costly issue that needs to be addressed since the cycle will not cease until appropriate treatment is obtained by users, He stated that concerned community members, elected officials, parents, schools, faith community, local service clubs and organizations, local business leaders, and youth leaders all need to get involved in this effort to combat the meth problem, Involvement includes recognizing the problem, raise the awareness in the community throughout outreach programs, education, collaborate with members of the community, and to work together to communicate and coordinate solutions, Mr, Beglau referred to the 2005 Anti-Drug Strategic Plan and shared with the Council the seven commitments the Coordinating Council would like all communities within Marion County to adopt in order to address this problem, He encouraged the Council to adopt the commitments so that Woodburn can be added to the list of communities willing to partner together to learn about the problem and do something to combat the problem, He also stated that the City of Keizer asked him to communicate to other cities within the County that they had made a motion to take a drug screening as a City Council. Councilor Sifuentez questioned if the Coordinating Council was working closely with the schools since it is critical that the education factors are critical with the young youth, Page 2 - Council Meeting Minutes, May 9, 2005 lJ COUNCIL MEETING MINUTES MAY 9, 2005 TAPE READING Mr. Beglau stated that it also starts with school staff and he will be making a presentation with school staff in Mt. Angel later this week. Councilor McCallum stated that, as a member of the Coordinating Council, he has worked with District Attorney Beglau, Sheriff Ramirez and other members of the Council but much of the credit goes to Commissioner Patti Milne who is the Chair of the Coordinating Council. He stated that there was a lot of discussion on the seven action items and, at the last meeting, they were given statistics on the first four months on how some of the cases have gone down and there seems to be some shift but it will continue to be a long hard fight to combat this problem, Chief Russell stated that the County and Coordinating Council have been partners throughout this process, Last September, the Police Department began work on this issue and have done about 10 presentations around the community on meth in an effort to get the message out and a local meth Task Force was formed. This Task Force will be working with businesses and working with the schools. He also has two retired officers who will be presenters of the Meth Watch program to local businesses, He reiterated that the department is supportive of the work the Coordinating Council is doing throughout the County on this issue, 1724 PRESENTATION: RESEARCH TO INCREASE WASTEWATER TREATMENT EFFICIENCY. Public Works Director Tiwari stated that the City was the first in the nation to irrigate poplar trees with effluent and, at the time it was done, it was proven to DEQ that they should approve this process using an irrigation system which used the water at a certain rate, The rate was established and the City's permit allows us to discharge effluent onto the plantation. Currently, the City has about 100 acres of plantation and eventually the City may need as much as 300 acres thereby making it necessary to start looking at ways to make it more efficient. One way to increase efficiency may be to irrigate with higher intensity and, if this works, it will provide the City with substantial savings. Another issue now before the City is the temperature requirement and the City must discharge water to the river that would change the temperature ofthe river no more than 30, He introduced CH2M Hill Engineer Mark Madison who was also the engineer involved in the original poplar tree plantation design, Mr. Madison stated that the proposed research would be to look at improving the efficiency of the systems that the City already has and the objective of the research is to evaluate the feasibility of cooling the treated wastewater to the use of natural technologies, Some of the rationale is that the new permit has temperature limits on discharges to the river. Types of cooling process includes mechanical refrigeration, evaporative cooling towers, crop irrigation and soil cooling, and evaporation from wetland surfaces, The cooling techniques to be evaluated at the City's plant include crop irrigation and soil cooling on part of the poplar tree farm, and evaporative cooling from Page 3 - Council Meeting Minutes, May 9,2005 I COUNCIL MEETING MINUTES MAY 9, 2005 TAPE READING wetlands on the adjacent McNulty farm, He stated that they are proposing parallel research to get data not only in Woodburn but other existing sites, Grant funding has been applied for at the Oregon Garden to do research on their poplar field and they are irrigating from City of Silverton's wastewater on several varieties of poplar trees, The research has been scheduled so that the new findings can be included as an alternative in the City's future treatment plant expansions, They would like to start trials in the spring and go through next fall, collect the data, and make recommendations in November or December 2006 as to whether or not this technology has merit and what the appropriate loading range would be as an alternative in part of the City's expansion plans, Six acres would be used as the test plot and data would be collected weekly, He stated that the other research would be to cool with evaporation from wetlands on the McNulty farm, The proposal is for a 1/4 acre site on the east end of the McNulty farm be used to conduct research on the cooling to include wetlands on natural soils surrounded by low berms planted with native wetland plants and surrounded by trees, There would be about 2 days of detention time in the water which is the amount oftime to give an optimal amount of cooling in the summer and the flow would be slow, The installation of the system would include monitoring equipment and automated water level and temperature sensors at the inlet/outlet of the wetlands, The water that would go through the wetlands is fully treated, The analysis of the data would be similar to the crop irrigation and soil cooling, It is anticipated that the results will show that 60% of the inflow is going to flow through the system, be cooled, and be discharged into the river so that flows to the Pudding River can be maintained. The water temperature reduction will be about 60 to 90 F which is supported by results from modeling and similar wetland systems in Silverton at the Oregon Gardens and at the City of Salem, It is also expected that results will show that cooler water can be discharged through the wetlands system to the Pudding River, 2850 CHAMBER OF COMMERCE REPORT. Bill Rhoades, representing the Chamber, provided the Council with a copy of an excerpt from the draft 2005-07 Strategic Marketing Plan presented by SEDCOR and Travel Oregon. He stated that the Chamber is also working on a Visitor's Center with Oregon Travel Infonnation Council and the Woodburn Company Stores with their goal being to promote tourism in the North Willamette Valley, It is there understanding that travelers who come into town spend about $200 per day and it is their goal to keep visitors in Woodburn for an extra day or two and, if possible, acquaint them with our City as a potential place of residence, 3057 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Superintendent, stated that the School District is an integral part of and committed to this fight against methamphetamine, They understand and see the damage being done to children and they understand that the long-term fight involves education of Page 4 - Council Meeting Minutes, May 9,2005 1 COUNCIL MEETING MINUTES MAY 9, 2005 TAPE READING which they need to be a part of, It will take a concerted effort by parents and the community to agree on how best to fight this problem and the schools will do what they can to educate the students about the use of the drug, Upcoming events within the School District include: 1) Art Show at the High School on May 11,2005 from 3:30 pm until 5:00 p,m.. 2) Members of the Middle School Builders Clubs (sponsored by the Woodburn Kiwanis) will be performing community service work on May 20, 2005 by cleaning Champoeg Park. 3) Approximately 20 letters of intent have been received regarding the Small Schools Initiative and the District is encouraging individuals to continue submitting their letters of intent. Another informational meeting will be held at the High School on May 12th at 7 :00 p,m.. 4) Key Communicators Group will be meeting on May 24th at 6:30 p,m. and on May 25th at 7:00 a,m, at French Prairie Middle School. 5) Community Preparedness Training will be held on May 11, 2005, 6) The School District Budget Committee has approved a budget for 2005-06'but the legislature has not finalized their work in determining how much money will be distributed to schools state-wide, The budget was based on a $5.25 billion allocation to schools and he is hoping to see that allocation approved by the State, Based on that allocation, the School District has had to invest one-half of their reserves into this year's budget to support increasd PERS retirement contributions, purchase of new science textbooks, and deferred short and long-term maintenance. 3498 LETTER FROM BERT GOTTSACKER. Mayor Figley stated that the City had received a letter dated May 4,2005 from Mr, Gottsacker. Also included in the agenda packet is a memo from City Attorney Shields to Administrator Brown providing a legal opinion (Memorandum Opinion 2005-02) on the City's response to Mr. Gottsacker's letter, Mayor Figley encouraged anyone considering the filing of a Measure 37 claim to give the Council as much information as possible to allow the Council an opportunity to evaluate a claim as outlined in Ordinance 2378, 3580 CONSENT AGENDA. A) approve the Council minutes of April 25, 2005; B) accept the Planning Commission minutes of April 14, 2005; C) receive the Building Activity report for April 2005; D) receive the Planning Tracking Sheet dated May 4, 2005; E) receive the Police Department Statistics report for March 2005; and F) receive the Aquatic Center Revenue Comparison report, Page 5 - Council Meeting Minutes, May 9,2005 'I COUNCIL MEETING MINUTES MAY 9, 2005 TAPE READING MCCALLUM/NICHOLS... consent agenda be adopted as presented. The motion passed unanimously, 3659 COUNCIL BILL 2570 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY FOR USE OF INMATE WORK CREWS. Councilor Sifuentez introduced Council Bill 2570, Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor McCallum questioned as to how extensive the City uses work crews and in what areas. Public Works Manager Rohman stated that the City has used State of Oregon inmate work crews in the past primarily in labor intensive work in the parks and right-of-ways, The Marion County work crew has a little more flexibility than the State and utilizing the County work crew will give the City another source, This program is very cost effective and valuable in getting work completed. Both the State and County provide security /supervision and the City will provide one or two employees to assist with the projects, The intergovernmental agreement will expire June 30, 2005 since the County likes to review their costs annually but the Resolution will allow the City Administrator to sign future agreements with the County for work crews, Mayor Figley and Councilor Lonergan stated that they have seen improvements in Settlemier Park from the work completed by a work crew, On roll call vote for final passage, the bill passed unanimously, Mayor Figley declared Council Bill 2570 duly passed, 3984 COUNCIL BILL NO. 2571 - RESOLUTION AUTHORIZING THE CITY TO APPLY FOR A TRANSPORTATION AND GROWTH MANAGEMENT GRANT FROM THE OREGON DEPT. OF TRANSPORTATION AND OREGON DEPT. OF LAND CONSERVATION AND DEVELOPMENT. Council Bill 2571 was introduced by Councilor Sifuentez, 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 2571 duly passed. 4058 REOUESTS FOR PROPOSALS - EVALUATION OF EMPLOYEE BENEFITS. Administrator Brown stated that he did not believe that the City would be getting the amount of service that the City really wanted out of this proj ect and felt that it would be to the City's benefit to start over and obtain new proposals with a more defined scope of service, By re-advertising for Requests for Proposals, represented employees will be more involved in the development of scope of work and in the selection process before the Health Care Committee begins their work in evaluating employee benefit plans, Page 6 - Council Meeting Minutes, May 9,2005 .. COUNCIL MEETING MINUTES MAY 9, 2005 TAPE READING NICHOLSIMCCALLUM... reject all proposals to provide services for the evaluation of employee benefits based upon a finding that it is in the public interest to do so, The motion passed unanimously, 4204 PUBLIC WORKS DIRECTOR EMPLOYMENT AGREEMENT. MCCALLUM/SIFUENTEZ... accept the employment agreement with the Public Works Director as presented, The motion passed unanimously, 4275 CITY ADMINISTRATOR'S REPORT. Administrator Brown informed the Council that he had received an offer on the Community Center and he then made a counter offer which was accepted by the individual interested in purchasing the property, In order to dispose of the property, a public hearing process is required and he will be scheduling a hearing for the next regular Council meeting to discuss the proposed sale ofthe Community Center property. 4360 MAYOR AND COUNCIL REPORTS. Councilor Lonergan stated that the Council was challenged to step up and take drug a test and he would be willing to take the test. Additionally, he would not be at the next Council meeting since he will be out of town, Councilor McCallum stated that he has already taken the drug test. Councilor Nichols and Mayor Figley stated that they have not taken a drug test but felt confident that the results would be negative, Councilor McCallum stated that he had made a request at the last meeting for a report on the Renaissance Access Road which Administrator Brown had provided but requested that the Administrator provide a brief verbal report, Administrator Brown stated that the City had approved additional development in the Tukwila subdivision, One of the conditions of approval was the construction of an emergency access road and the attempt on the part of the developer to seek a Goal exception from Marion County to allow the development of that roadway to full City standard across EFU zoned property to Boones Ferry Road This roadway development would be anticipated if the property is brought in through the UGB expansion, however, the City would like to have seen this improvement made sooner due to safety concerns, Among the conditions were amounts placed in bond to build this road through the promise of a development agreement and the promise that they would go forward to seek the Goal exception before the UGB expansion project was finished and decided upon, The application was made to the County and, after a hearing was held before the Hearings Officer, the recommendation from the Hearing's Officer was that the applicant did not thoroughly make their case for a Goal exception. As a result, the County Commissioners concurred with the Hearings Officer's recommendation and the application was denied, The emergency access road can be built under current land use law as an allowable use Page 7 - Council Meeting Minutes, May 9,2005 I COUNCIL MEETING MINUTES MAY 9, 2005 TAPE READING and that will still be done. However, to build a roadway to City standards is on hold until such time as it is determined if a UGB expansion in that area is approved and, if approved, there is still a promise that a road will be built and a bond is still in place to make sure that funds are available for that purpose, Councilor McCallum stated that the developer is building excellent homes but residents in that area have great concerns about the increase in traffic and the access in and out of the development. In the future, he will be looking much more carefully at those types of issues since it appeared that there was a good case for granting the Goal exception but it ended up being a change in the anticipated result. Councilor McCallum also reminded the Council that the Mayor's Prayer Breakfast will be held on Saturday, May 14, 2005, from 7:00 am to 9:00 am. Tickets are still available from Kiwanis members, Mayor Figley stated that this is a Kiwanis function and she is looking forward to participating in this annual breakfast event. 5084 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority ofORS 192,660(1)(h) and ORS 192.660(1)(f), NICHOLS/SIFUENTEZ... adjourn into executive session under the statutory provisions cited by the Mayor, The motion passed unanimously, The Council adjourned into executive session at 8:16 p,m, and reconvened at 8:27 p,m.. 5130 Mayor Figley stated that no decisions were made by the Council while in executive seSSIon, 5156 ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned, The motion passed unanimously, The meeting adjourned at 8:28 p,m.. ATTESTd1~~ MarY ant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, May 9,2005 I