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Minutes - 06/13/2005 COUNCIL MEETING MINUTES JUNE 13 , 2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 13,2005. 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 Present Present Present Present Present Present Staff.Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Asst. City Engineer Torgeson, Police Chief Russell, Community Development Director Mulder, Finance Director Gillespie, Park & Recreation Director Westrick, Management Analyst Smith, Senior Planner Zwerdling, Associate Planner Pike-Salas, Associate Planner Richling, City Recorder Tennant 0054 ANNOUNCEMENTS. A) Relay for Life event will begin on Friday, June 24th at 6:00 p.m. and conclude on Saturday, June 25th at 12:00 noon. The event will be held at Woodburn High School and proceeds will benefit the American Cancer Society. Mayor Figley stated that the City is a platinum sponsor which was paid for through individual donations from City elected officials and senior management staff. B) Public Hearing will be held before the City Council on Design Review Case File No. 05-01 and Variance Case File No. 05-05 on June 27, 2005, 7:00 p.m., in the Council Chambers. C) July 4th Independence Day Celebration: Scheduled events are as follows: Chuckwagon Breakfast - 6:00 am until 10:30 am Youth Parade beginning at Settlemier Park - 2:00 pm Centennial Park Activities include: Youth games; Disc Jockey; Food concessions; Dance, Dance, Dance performance; performances by the Americana Band and Joni Harms; and Fireworks. D) Independence Day Closures: In observance of Independence Day, City Hall and the Library will be closed on Monday, July 4th. The Aquatic Center will be open on July 4th from 1 :00 pm until 4:00 pm. Page 1 - Council Meeting Minutes, June 13,2005 COUNCIL MEETING MINUTES JUNE 13 , 2005 TAPE READING 0243 PROCLAMATION: TADASHI NAGAI. HONORARY CITIZEN OF WOODBURN. Mayor Figley stated that Foreign Exchange student Tadashi Nagai graduated from Woodburn High School in 1961 and, over the years, has served in Japan's Foreign Service. Currently, his diplomatic assignment is at the Consulate in Portland because of his fond memories of Oregon. She is issued a proclamation naming Tadashi Nagai an Honorary Citizen of W oodbum. She also stated that she would be attending a reception for Mr. Nagai since he will soon be returning to Japan and she will present a framed copy of the proclamation along with Woodburn Bulldog memorabilia. 0420 PRESENTATION: WATER ISSUE (May 25 - 27. 2005). Administrator Brown stated that the purpose of this report is to provide information on what happened, the staff s response, what staff learned from this experience, what is now being done with the water system, and policy issues. He stated that water quality is highly regulated at the federal and state level and the protocols followed are dictated by the regulations of those agencies. This includes water sampling, testing of samples, and notices sent out to the public based on test results. He stated that tests are done weekly and state regulations require 20 different sites within the distribution system in addition to the City wells. The City actually tests 25 sites in addition to the wells on a monthly basis. The tests are done for indicator organisms one of which is for coliform bacteria. This bacteria is carried in the air and soil and, if found in water, is usually a reason for additional testing. One of the additional tests then run is for fecal coliform which is a sub-group ofE-coli. There are a number of different strains ofE-coli most of which are not disease causing agents but they do indicate the presence of fecal matter someplace. The protocol followed is a re-test and if there is no more coliform in the next testing, a notice would then be sent out to all residents within 30 days to inform them of the positive coliform test. However, following an E-coli positive test, if the second test still shows either coliform or e-coli, then it becomes a Tier I violation and a Boil Water advisory is required. He reviewed the chronology of the event beginning with the test samples taken on Monday, May 23rd, and the notification by the lab on May 24th that a positive e-coli test result was from the Parr Road reservoir and a positive coliform test result at the Country Club Road reservoir. As required, additional samples were taken at the reservoir sites and on Wednesday, May 25th, the lab notified the City that the samples taken tested positive for total coliform only. Staff proceeded to notify the public of the boil water advisory, began an aggressive flushing program, worked with State Drinking Water Program technicians on the notices and additional sampling, and the County Health Department who provided information specifically for food service providers. He stated that the City may never know what caused the positive samples because of the extensive amount of flushing that was done to clear the system. It was noted that public notification included the media (television, newspaper, radio), City website, Chamber of Commerce, and School District. It was decided not to do door-to-door notification since there was Page 2 - Council Meeting Minutes, June 13,2005 TAPE READING COUNCIL MEETING MINUTES JUNE 13 , 2005 concern that there might be general panic if residents were told that the water was contaminated when in fact staff was fairly certain that there was not a high level of contamination in the system. Additionally, the City did not have the resources to go door-to-door and it was felt that utilizing the mass media spread the word faster. The City was given a 24-hour period oftime to make the notifications but it took staff about 4 hours to get the information out to the businesses and public. On Thursday, May 26th, three of twelve tests came back as positive for total coliform so flushing continued. Re- tests were done on Thursday and on Friday morning, the City was notified that the samples were negative and staffthen went through the reverse process to notify the businesses and public that it was safe to drink and the boil water advisory was lifted. He stated that staff learned from this incident other means of notifying residents through sources such as Senior Estates and Neighborhood Watch commanders. Daily group meetings were also held with staff and representatives from the School District, Fire Department, Chamber, and 9-1-1 Dispatch. Staff also met on June 2nd to analyze what could have been done differently in the event this type of situation may arise in the future. He stated that system engineers will try to find out what did happen since the problem areas were at the reservoir sites. Vents on the reservoirs have been modified to prevent bird droppings from getting into the exhaust ductwork and seals have been checked to make sure that they are tight. Administrator Brown stated that it is anticipated that the new system will be operational within the next 60 days. Even though staff acted quickly to notify the public, he reviewed lessons learned by staff in this type of emergency situation. Lastly, he stated that the City does not chlorinate the water and staff will be researching methods to disinfect the water and to circulate water within the reservoirs. Councilor Bjelland questioned if the lab could hold a sample for a longer period of time in order to identify the type of e-coli. Administrator Brown stated that the City does not have the control over lab tests whereas the State may have the ability to have the lab do further testing. Tom Charboneau, State Drinking Water Program representative, stated that staff did an excellent job and took the lead in this matter. He reiterated that the City may never know what caused the problem. The City has never chlorinated the water and he suggested that the City consider some type of disinfection process. He stated that the City followed all protocol to get the information out to the public. Councilor McCallum questioned if the City will be required to do additional testing beyond what is already being done by the City. Mr. Charboneau stated that the City will continue to do the testing as before because the number of samples is based on the size of the City. The sampling sites used by the City provides very good coverage of the main line water system. Councilor McCallum also questioned if business closures were voluntary or required. Administrator Brown stated that it was his understanding that a limited number of businesses did close, however, they did so because it was too difficult for them to operate under the conditions that were imposed. In regards to reports of illness connected to this Page 3 - Council Meeting Minutes, June 13,2005 COUNCIL MEETING MINUTES JUNE 13 , 2005 TAPE READING situation, Administrator Brown stated that Public Works did check with the County Health Department and, as of Thursday, May 26th, there were no reported cases of illness. Councilor Cox stated that any e-coli would generate the steps taken to notify the public, however, most strains of e-coli are harmless. Mr. Charboneau stated that the second positive e-coli sample, even ifit is a harmless strain, triggers the notification process to the public. If a disinfection process is installed, there may still be a possibility of getting a positive e-coli test result, however, the potential is greatly reduced. The main system is very tight but the reservoirs have a large standing water supply where bacteria could grow but chlorine residual would kill the bacteria in most cases. Councilor McCallum stated that he had heard that there were some individuals who came into the City to take advantage of the situation by selling bottled water and giving out misinformation. Administrator Brown stated that the Ordinance Officers did not locate those individuals. Councilor McCallum expressed his appreciation to all City staff for their work in dealing with this situation. He also mentioned that the Water Quality Report for 2004 also provided information about the bad things that can be in water at anytime including bottled water. Mayor Figley requested that more information on means of disinfection, related costs, and its ability to be initiated with the City's new system be provided to the Council for discussion. She also praised Public Works Manager Rohman and Water Department staff for going the extra effort to provide information to the public and in getting the situation quickly resolved. Councilor Bjelland read an excerpt from the staffreport stating that the City would obtain the services of an independent consultant with expertise in bacterial contamination to inspect and evaluate the reservoirs and distribution system. He reminded the public that the City wants to explore everything so that if there is any chance to identify what caused the contamination or come up with recommendations with ways to minimize the potential of it recurring. 3500 CHAMBER OF COMMERCE REPORT. Nick Harville, Chamber of Commerce Executive Director, provided the Council with a packet of information which included statistics and a profile of travelers that come to Marion County. The Woodburn Company Stores, along with other attractions in the surrounding area, has turned Woodburn into a tourist destination and the Chamber is working to capitalize on this tourism to market the Woodburn area. The Chamber Board has expanded the area for which they represent and have adopted the Hubbard Business Economic Development Group. Additionally, the Chamber was instrumental in creating the North Willamette Tourism Alliance which includes 12 communities in the surrounding area. Later this summer, a new Visitor's Center will be located at the Woodburn Company Stores and this is a partnership between Oregon Travel Information Page 4 - Council Meeting Minutes, June 13, 2005 COUNCIL MEETING MINUTES JUNE 13 , 2005 TAPE READING Council, Woodburn Company Stores, and the Woodburn Area Chamber of Commerce, The Chamber will be operating both Visitor's Centers until the lease at the present location expires. He also stated that the Salem Convention Visitor Association will be dissolving as of June 30, 2005 and now the tourism alliance has become even more important because it will be the method to promote the tourism within the County outside of Salem. 4313 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Superintendent of Woodburn Schools, stated that there were 257 students graduating from high school last week which was Woodburn's largest graduating class at Woodburn. There were 143 scholorships totaling $1.3 million, 17 students achieved the Certificate of Initial Mastery issued by the State, 23 students were part of the National Honor Society, and 39 students graduated with an Oregon Honor's diploma. It is anticipated that this year there will be 3 times more students completing the full international baccalaureate diploma which is one of the most rigorous programs available to students in high school. Heritage Elementary School was shown on Public Broadcasting System regarding this school's tri-lingual educational program. At Washington School, there is a new mosaic in the foyer that illustrates diversity and unity within our community. Lastly, the School District continues to grow and planning will soon begin to address space needs. A Facilities Planning Team will be put together in August to work on this project and persons interested in being a part ofthis team are asked to contact the District Office. Councilor McCallum stated that the Woodburn School District is being noted for its successes with their students, however, Superintendent Blomberg will be a featured presenter at a state-wide conference in August to share information on how to succeed while working with limited resources. 4926 CONSENT AGENDA. A) approve the Council minutes of May 23,2005; B) accept the Planning Commission minutes of May 12,2005; C) receive the Building Activity report for May 2005; D) receive the Planning Tracking Sheet dated June 6, 2005; and E) receive the report on Claims for May 2005. MCCALLUMlNICHOLS... consent agenda be adopted as presented. The motion passed unanimously. 5030 PUBLIC HEARING: SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2004-05. Mayor Figley declared the public hearing open at 8:13 p.m.. Finance Director Gillespie outlined proposed changes in the current budget to adjust revenues and appropriations within the General Fund and the General Fund Capital Improvement Fund. Within the General Fund, grant funds were received for police Page 5 - Council Meeting Minutes, June 13,2005 COUNCIL MEETING MINUTES JUNE 13 , 2005 TAPE READING overtime, increased recreation fee revenue will be used to fund additions to the Teen Program, and operating contingency will be reduced to pay for additional Periodic Review consulting services and for the purchase of some amenities in the Downtown Plaza. The proposed budget adjustments will increase the General Fund revenues by $34,282 and operating contingency will be reduced by $31,000. The General CIP Fund revenue will increase by $71,000 and the Downtown Plaza appropriation will increase by a like amount to pay for contract change orders and the plaza amenities. No one in the audience commented on the proposed supplemental budget. Mayor Figley closed the public hearing at 8:17 p.m.. COX/SIFUENTEZ... authorize staff to draft a budget ordinance reflecting appr.oval of a supplemental budget as presented in the staff report. The motion passed unanimously. 5555 PUBLIC HEARING: CITY BUDGET FOR FISCAL YEAR 2005-06. Mayor Figley declared the public hearing open at 8: 19 p.m. on the 2005-06 City budget which includes State Revenue Sharing funds. Finance Director Gillespie briefly reviewed the 2005-06 budget as recommended by the Budget Committee. He stated that the budget financial summary was published in the newspaper on June 8, 2005. Staff has proposed changes to the recommended budget in the Water Fund ($16,000 for chemicals), General CIP Fund ($32,500 for Centennial Park Ballfield #3), and multiple Public Works construction projects since these projects will not be completed until after July 1,2005. He also stated that staffwill be returning in July 2005 with a Supplemental Budget request for Council consideration of additional funding of construction projects related to the Greenview Pump station and the Industrial Pump station since the outstanding contractor payments for these two proj ects exceed the amount that a budget can increase over the Budget Committee's recommendation. Councilor Cox questioned the amount that will be carried forward for the two pump stations. It was noted that the Greenview Pump station will require a supplemental budget of $124,300 and the Industrial Pump station will require $165,000. Beginning fund balance will be used as the revenue source for these expenditures. No one in the audience spoke either for or against the proposed 2005-06 budget. Mayor Figley declared the public hearing closed at 8:28 p.m.. BJELLANDIMCCALLUM.... authorize staff to draft a budget ordinance based on the Budget Committee's recommendation including allowable budget adjustments that do not change the tax levy requirement as presented in the attached memo. The motion passed unanimously. Page 6 - Council Meeting Minutes, June 13,2005 COUNCIL MEETING MINUTES JUNE 13 , 2005 TAPE READING 6792 APPEAL OF DESIGN REVIEW CASE FILE NO. 05-01 AND VARIANCE CASE FILE NO. 05-05 (1475 MT. HOOD AVENUE). Mayor Figley stated that it was her understanding that the applicant's attorney has requested that the public hearing be continued on these matters until the next regular Council meeting. Mayor Figley declared the public hearing open at 8:29 p.m.. COX/SIFUENTEZ.... continue the public hearing for Design Review Case File No. 05- 01 and Variance Case File No. 05-05 to the City Council meeting of June 27,2005. The motion passed unanimously. Tape 2 0010 PERIODIC REVIEW DELIBERATIONS. Mayor Figley stated that City Attorney Shields provided a memo to the Council just prior to this meeting regarding staff recommendation to reopen the record for the submission of written materials to accept testimony to comply with the new version of Goal 14. City Attorney Shields stated that the LCDC had adopted a new Goal 14, however, the new version of the Goal has not yet been filed with the Secretary of State. He reviewed his recommendation which would relate to 1) changes made by the City to the Periodic Review Tasks, 2) City's incorporation of the new Goal 14 into the findings, and 3) respond to any written testimony received by the Council on June 13,2005 submitted after April 20, 2005. Until the new Goa1l4 is in effect, it would be premature for the City to proceed with final adoption of an amendment to the urban growth boundary. Greg Winterowd, Winterbrook Planning, stated that LCDC's new version of the Goal was adopted about 6 weeks ago but as of today it still has not been filed with the Secretary of State. The new version has some substantial advantages to the City and it is critical to adopt findings that would be applicable to the Goal in effect at the time ofthe adoption. Attorney Shields also stated that he had City Council Speaker Cards submitted by Attorneys Brian Moore and Roger Alfred who would like to orally address the City Council if an opportunity is given. He advised the Council that oral testimony would require re-notice of the hearing thereby giving all interested persons an opportunity to give testimony. Mayor Figley stated that there is a trade-off in that the City wants to be fair and there has been ample opportunity for oral testimony and then a generous period for additional written testimony. In reviewing the City Attorney's recommendation, she felt that limiting additional testimony to written testimony under the parameters he has outlined would be acceptable whereas she would strongly urge the Council not to reopen the hearing for oral testimony unless there is a subject that the Council feels it is vitally important. Councilor McCallum stated that he could accept Attorney Shields recommendation to reopen the record for limited written testimony. Councilor Cox stated that he agreed in general with the written testimony within a limited time frame but the record should not be opened for oral testimony. He stated that there Page 7 - Council Meeting Minutes, June 13, 2005 COUNCIL MEETING MINUTES JUNE 13 , 2005 TAPE READING were some new twists with the new version of the goal and it is a very important matter to a lot of people financially and to the public. He stated that the Council may choose to consult with staff or consultants to help interpret those new submissions but that is not going to give rise to a new realm of opening the matter up for new testimony of those who do not agree with the City's staff or consultants. He also questioned the meaning of "changes made by the city to the Periodic Review work tasks". It was noted that the intent is to accept testimony that relates to staffs new recommended changes since the Council's last hearing. COXIBJELLAND... re-open the record on Legislative Amendment 05-01 to receive the following documents that were submitted and received by the City after the April 20, 2005 deadline: 1) Petition from Daniel Orsbome received April 22, 2005; 2) letter from the Serres Family received May 5, 2005; 3) letter from Richard Stein received May 23, 2005; 4) letter from Roger Alfred received May 23,2005; 5) packet of materials from Richard Stein received June 2, 2005; and 6) letter from Roger Alfred received June 13, 2005; and to re-open the record in this matter to allow written responses to any of the matters that were just mentioned as being received and to relate to the City's incorporation of new Goal 14 into its findings; and to changes made in staff recommendations to the materials originally presented to the Council at the beginning of the public hearing; and the date for the submission of all of the above mentioned written materials is close of business on June 27, 2005. Following a brief discussion on the content of the motion, the Council unanimously passed the motion. 1440 Community Development Director Mulder highlighted on the map the staff s recommended changes to the Periodic Review amendment package and Urban Growth Boundary expansion proposal that was presented at the public hearing. Urban Growth Boundary changes are as follows: I) area that was originally proposed located west of Butteville Road in the southwest area ofthe proposed expansion area be relocated to the eastside ofI-5 south of the current proposed urban growth boundary; and 2) remove the portion of the OGA golf course which primarily relates to an issue regarding Class I soils. Greg Winterowd, Project Consultant, stated that the OGA golf course area was originally included since it was part of a planned development approved years ago by the City. However, the City will face a challenge in getting this area approved since the area has Class I and II soils. He stated that the new Goal 14 rule would give the City the ability to include land based on special characteristics and an argument could be made that this land is good for high-end housing which is why it should be included. If the City elected to include the area in its final adoption, then the City could be a test case before LCDC. He reminded the Council that Class II soils are only supposed to be brought into the UGB if it is necessary to cross over Class II soils in order to get to Class III soils. He could see no reason to extend the UGB to include only Class II soils when there were no Class III soils to get to beyond the Class II soils. Page 8 - Council Meeting Minutes, June 13, 2005 COUNCIL MEETING MINUTES JUNE 13 , 2005 TAPE READING Councilor Cox questioned if the developer who is now required to put in the emergency access road be required to put in a full road if the UGB expansion is implemented as outlined on the map. Director Mulder stated that the developer would be required to put in a full road if it came into the urban growth boundary. He stated that another map change involved the change of a designation of an exception area located in the northeast comer of the proposed UGB expansion since it was an original mapping error. In the downtown area, the original proposal was to change zoning from commercial office but the proposal ,is now to keep the zoning as it is now. A change was also made to the boundary line for the Interchange Management Area Overlay thereby excluding residential area and coinciding more with commercial areas since those are the areas the overlay regulates. He also stated that the triangular piece at the south end of the Winco property is actually a part of the Winco property therefore it should not be included in the Southwest Industrial Overlay or within the Interchange Management Area. 2658 Director Mulder summarized the information that has been provided to the Council which includes all written testimony; copies of Council minutes; responses from Consultant Winterowd and staff on various comments; draft response letter to DLCD and the Marion County comments; response from Public Works Department to Serres Family comments; recommended revisions (attachment F) to the proposed amendment package which includes revisions to the Comprehensive Goals and Policies, the Woodburn Development Ordinance, and Public Facilities Plan; map of recommended revisions; draft Urban Growth Boundary Coordination agreement with the County; and a Citizen Involvement report that will be updated before final adoption. 2953 Greg Winterowd discussed the new Goal 14 language that would control how urban growth boundaries are amended, The new language specifically states that (1) it is a 20- year population forecast, (2) that the UGB justification report does not need to be in all of the findings as part ofthe Comprehensive Plan, (3) that a formal exceptions process does not need to be followed, and (4) it includes language that when determining need local government may specify characteristics such as parcel size, topography, or proximity (to roads, interchanges) necessary for land to be suitable for an identified need. He stated that the changes in the Goal would be advantageous to the City since the new Goal is better written, and it puts everything into one place. It is also his belief that the Commission will be interpreting this Goal for the very first time in the City's case and there is positive staff report for what is being recommended. Councilor Bjelland stated that Goal 14 has been in place for 30 years and it did not anticipate all of the situations that have arisen in the land use arena over that period of time. The new Goal takes into account decisions made through the Court system or have been adopted by LCDC in addressing the land use issues that have come before them. He felt that it would be wise for the City to move forward once the new Goal 14 is effective since it is a key element in the City's Economic Opportunities Analysis program. Mr. Winterowd entered into the record the Goal 14 adopted language dated April 28, Page 9 - Council Meeting Minutes, June 13,2005 COUNCIL MEETING MINUTES JUNE 13,2005 TAPE READING 2005, a photograph which is already in the record but blown up to a readable scale, and a memorandum dated April 14, 2004 which identifies soil types and what crops are grown with those soil types. Councilor McCallum questioned the status of the School District request. Mr. Winterowd expressed his opinion that it is hard to find affordable sites for schools and the School District had some good reasons for buying the land that they did. After reviewing the law and the objections from 1000 Friends, he felt compelled that the Council recommend that this property not be included at this time. He stated that the land need on the public side had been increased based on a recommendation from the School District. However, the land chosen by the School District is on Class II soils at the edge of the growth boundary and part of a much larger cluster area of Class II soils between the UGB and the Pudding River. He felt that it was a target for an appeal and did not feel that the City had enough information to defend inclusion of the land. He also was glad to here that the School Superintendent had informed the Council that they would be working with a Facilities Planning Team to address future facilities needs of the district. He reminded the Council that this process has been worked on since 2000 and if the UGB is amended now there is IS-year supply of land rather than a 20-year supply but the City is bound by the 20-year population projection that has been coordinated with Marion County. He stated that there will most likely be a need to amend the growth boundary for school and residential lands soon after this UGB expansion is approved. He reiterated that all of the projections that have been done are based on 15 years away rather than 20 years. 4100 Councilor Cox requested additional detail about the changes that were made in the Interchange Management Overlay relating to the scope of how it would work. Director Mulder stated that staff continues to refine the proposed ordinance and addressing comments as far as having a minimum threshold for a type of development that would trigger compliance with the ordinance. A lot of the amendments related to putting the draft ordinance into the format of the City's current ordinances. Substantive changes included establishing a 20 peak hour vehicle trip minimum and amendments to the tables of the properties that would be subject to the ordinance. The minimum threshold amendment would address the concerns expressed by the Real Estate group. To be subject to the ordinance, parcels would need to be at least one (1) acre in size. Councilor Cox stated that the Interchange Management Overlay Area is a way of striving for a portion of Woodburn to have concurrency in that development would not occur until infrastructure is available to serve the property. Within our City, the limiting factor has been and will continue to be traffic growth. He has been thinking about having some concurrency requirement for the City as a whole and he would like to get some response from staff on this issue. Director Mulder stated that the concurrency issue would be coming forward to the Focus Group as part of the Woodburn Development Ordinance updates. Mr. Winterowd stated that every concurrency ordinance he has seen has a safety valve in Page 10 - Council Meeting Minutes, June 13, 2005 COUNCIL MEETING MINUTES JUNE 13 , 2005 TAPE READING that a developer could go ahead with a proposal provided that they have an assured means of fixing problem within a period of time and then be a part of a solution to the problem. The intent is to give ODOT some assurance that the City will not overburden the interchange and will work with the property owners to make sure that they pay their fair share, ODOT and the City will also contribute money for road improvements so that over time there will be an interchange that will work, and then the City will make sure that the capacity is not used up sooner than expected. The numbers in the document are based on a level of development that is in the proposed plan. Administrator Brown stated that the Council would next discuss this issue in July since June 27, 2005 is the deadline for submission of written testimony. 5016 Mayor Figley recessed the meeting at 9:42 p.m. and reconvened at 9:47 p.m.. 5042 HERMANSON POND DEED RESTRICTIONS. Mayor Figley stated that there was nothing in the document that is inconsistent with the development of the park as a wetland. Councilor Cox stated that the restrictions were reasonable, however, he has learned through the years that problems arise with future interest in property and deed restrictions. These restrictions may be acceptable now but they could create problems years into the future. The State legislature had adopted a statute a few years ago to limit the bad effects of some of those future interests but did not know ifit applied to public land. He expressed his hesitation to put in restrictions that would be permanent and never have the right to remove. He would like to have the deed restrictions either limited to a period of years or that those restrictions would not be removed or modified without the consent of one of the agencies mentioned in the staff report. Director Westrick stated that the Department of State Lands (DSL) permit is required to perform the work which includes deepening and expanding Hermanson pond, removing and abating noxious non-native plant materials, and restoring natural native habitat. He did not feel that DSL would object to adding on the stipulation that restrictions could be lifted with DSL's consent. City Attorney Shields stated that he also had some concern regarding the permanency of the restrictions and was willing to work on drafting a legal document that is acceptable to the Council. Director Westrick stated that project documents can still be prepared in anticipation ofthe permits and he will work with the two state agencies who will be funding these improvements. BJELLAND/COX... authorize the City Administrator on behalf of the City to record a document containing restrictive covenants noted in the staff report against the City owned property located at Hermanson Pond with the addition that a waiver or a removal of that deed restriction through a DSL waiver be included. The motion passed unanimously. Page 11 - Council Meeting Minutes, June 13, 2005 COUNCIL MEETING MINUTES JUNE 13 , 2005 TAPE READING 5868 MID-WILLAMETTE COMMUNITY ACTION AGENCY. Councilor Bjelland stated that he was recently approached by an individual who was interested in serving on the Board of Directors of the Mid-Willamette Valley Community Action Agency. This Agency is a partner with a non-profit agency that receives federal and state funding for a multitude of purposes such as Head Start program, poverty related programs, community service programs. The Agency's constitution requires representation from various sources one of which is elected officials, He stated that Woodburn could request representation on the Board of Directors and then designate an official representative to serve on the Board. He recommended that Jenne Arana be designated as the elected official representative who, up until a couple of months ago, was Administrator of the Community Services Division for Oregon Housing and Community Services Department. She is a resident of Keizer, however, she does have a strong interest as an Administrator for the Community Services division. She also helped to set up the Family Referral Agency in Woodburn through the Community Action Agency, is very knowledgble about the programs, and would be an advocate for our community. He stated that the Community Action Agency Director is desirous of having someone serve on the Board that would represent the North Marion County area since representation in the past has been primarily Polk County and the City of Salem, Discussion was held in regards to the need to have a representative on the Board and in designating a representative to the Board that is not a resident of the City or from within the North Marion County area. MCCALLUM/COX... nominate Councilor Lonergan to serve on the Mid- Willamette Valley Community Action Agency Board of Directors. The motion passed unanimously. Councilor Lonergan designated Jenne Arana as his representative on the Board. Tape 3 0272 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission approval of Conditional Use 05-01 and Design Review 05-02: Woodburn Police Facility (1060 Mt. Hood Avenue) B) Planning Commission approval of Design Review 04-10, Variance 04-34, Variance 04-35, Variance 05-08, and Property Line Adjustment 05-04: Cascade Park (950 North Cascade Drive) C) Community Development Director's approval of Partition 05-02: Boones Crossing PUD No action was taken by the Council to call these applications up for review. 0345 MAYOR AND COUNCIL REPORTS. Councilor McCallum expressed his appreciation for the support extended to this year's Relay for Life event to be held on June 24-25,2005. There are over 700 individuals scheduled to participate and he reminded the public that Safeway is providing dinner at $4.00 per plate with all funds going to the Relay, the Luminary ceremony is scheduled for 10:00 pm. On Saturday beginning at 7:00 am, Team Woodburn (City Attorney Shields Page 12 - Council Meeting Minutes, June 13,2005 COUNCIL MEETING MINUTES JUNE 13 , 2005 TAPE READING and Public Works Manager Rohman) will be running a mini-marathon, and the Mayor's lap will begin at 11 :30 am. Mayor Figley also congratulated the High School Graduating Class of2005. 0472 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). It was noted that no discussion would be held regarding labor negotiations. MCCALLUM/NICHOLS... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The meeting adjourned to executive session at 10:14 p.m, and reconvened at 10:45 p.m,. 0500 Mayor Figley stated that the Council took no action while in executive session and no action is necessary in open session. NICHOLS/SIFUENTEZ.... meeting be adjourned. The meeting adjourned at 10:46 p.m.. ATTEST fYl~ ~ Mary T e t, Recorder City of Woodburn, Oregon Page 13 - Council Meeting Minutes, June 13, 2005 Executive Session COUNCIL MEETING MINUTES June 13, 2005 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 13,2005. CONVENED. The Council met in executive session at 10: 16 p.m. with Mayor Figley presiding. ROLLCALL. 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, City Recorder Tennant Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. The executive session was called under the following statutory authority: 1) 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 2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(l)(f). ADJOURNMENT. The executive session adjourned at 10:44 p.m.. ATTEST rY\~ ~d Mary Te t, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, June 13,2005