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Minutes - 10/10/2005 COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING OOOl DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 10, 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, Police Chief Russell, Interim Community Development Director Zwerdling, Public Works Manager Rohman, City Recorder Tennant 0062 ANNOUNCEMENTS. A)Semi-annual Book Sale: Friends of the Woodburn Public Library will hold their semi- annual book sale on October 21 and 22,2005 from 10:00 am until 4:00 pm at the Library. B) Aquatic Center will be closed for annual maintenance beginning October 22,2005 and will re-open with their regular schedule on November 1, 2005. C) Recreation and Parks Board meeting for October has been cancelled. D) Water Treatment Plant Ribbon Cutting Ceremony and Open House will be held on October 12, 2005, 2:00 pm, at the Country Club Road treatment facility site located between Boones Ferry Road and Astor Way. 0118 PROCLAMATION: PUBLIC WORKS WEEK. Mayor Figley declared the week of October 10-14, 2005 as Public Works Week within the City and urged local citizens and organizations to learn about the services provided by the Public Works Department and recognize the contributions made by Public Works employees to the health, safety, and livability within our community. 0196 PROCLAMATION: DISABILITY EMPLOYMENT AWARENESS MONTH. Mayor Figley declared the month of October 2005 as Disability Employment Awareness Month within the City and urged citizens to learn about people with disabilities including their strengths, abilities, and programs serving their needs. 0255 PRESENTATION: COUNTY-WIDE STRATEGIC PLAN. .Tan Zyryanoff, Marion County Justice of the Peace, stated that Marion County is working Page 1 - Council Meeting Minutes, October 10, 2005 11 COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING on a 5-year strategic planning process and, as a part ofthe process, the County is surveying local communities to solicit input on community needs and desires. The County Commissioners will then establish their goals and take these goals into consideration when developing their annual budget. The process includes surveying Marion County employees, community leaders, and members of the general public. This process will take a few months to complete and next spring the Council will provide the local communities the results of this process. She stated that a lot ofprojects will be funded through this process, however, some projects may involve a partnership in order to meet concerns of the Woodburn community. Mayor Figley suggested that the City be given some additional time to think about the responses but was willing to have some initial discussion at this meeting. Ms. Zyryanoff stated that she would appreciate receiving some responses from the Council at this meeting but additional responses can be made via the County's website. In response to the question regarding issues of concern, the Mayor and Councilors cited the need (1) to address methamphetamine issues including drug intervention, treatment, and child safety; (2) to continue to move County services to cities outside of Salem; and (3) for the County Transportation Plan to be interfaced with the City's Transportation Plan. City Administrator Brown stated that he would like an opportunity to work with management staff to discuss issues of concern that can then be brought up to the Council at the next regular meeting as part of a general business item. By the next meeting, the Council will also have some time to think about their own issues of concern and, following Council discussion, a list of issues will be submitted to the County. Ms. Zyryanoff stated that the County would like to receive the responses from the City no later than November 1, 2005. 1347 PRESENTATION: WATER TREATMENT FACILITY. Public Works Director Tiwari stated that the new treatment facilities were built to (1) remove iron and manganese from the water, (2) meet state and federal regulations under new guidelines, and (3) provide sufficient water to meet needs of our growing community. This was a very large and complex project which began in 1995 and the goals that had been established were accomplished. He proceeded to playa computer presentation that explains the treatment process. Staff is working on having this presentation in both English and Spanish so that it can be used as an interactive educational tool for all ages at the treatment facility. Director Tiwari stated that as of October 12, 2005, almost all customers are receiving water from the new treatment facilities. He also spoke briefly about water hardness and, in Woodburn, the water is considered moderately hard (67 mg to 104 mg). Customers who elect to have soft water need to recognize that if the reason for the softener is to remove iron and manganese then there is no longer a need for them to use the softener. 2673 Councilor Bjelland questioned the level of water hardness and the numbers before and Page 2 - Council Meeting Minutes, October lO, 2005 T'!' T COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING after treatment. Director Tiwari stated that the range of the water (67 mg to 104 mg) remains constant, however, reductions did occur with the rest of the elements addressed through this treatment process. He stated that everything should be in full operation in about one month. Additionally, the computer presentation will be available on the City's website. He encouraged the public to attend the open house on October 12th. Some discussion was held on water pressure and it was noted that booster pumps are available to maintain water pressure. It was also noted that the elevated tank does provide pressure to the system and booster pumps are pumping against that pressure so that the pressure is equalized throughout the system at 55-60 psi. 3440 Travis Tormanen, representing Kennedy Jenks Consultants, commended City staff for all they did over the last three years and he found them to be very dedicated and responsive in working on this project. Councilor McCallum quesioned the amount of water storage. Director Tiwari stated that the total capacity at the reservoirs is 5.4 million gallons and, even if there is a failure at one of the sites, the City can still have water pumped directly from the wells. In regards to a future facility to located in the West Woodburn area, Director Tiwari stated that this facility will most likely not be built until after the City has reached a population in excess of 33,000. 4000 PRESENTATION: EMERGENCY MANAGEMENT UPDATE. Police Chief Russell presented updated information on the City's Emergency Management Plan which provides the procedural guidelines in handling emergencies at various levels. He stated that the Incident Command System (ICS) was established in the 1980's and became the standard for all levels of disaster management with the City beginning our local training in ICS in 1988. The City Council adopted a local emergency management ordinance and rcs was integrated into the City's pIan. As a result of the 9- 11 terriorist act, the federal government developed a National Institute Management System (NIMS) which sets ICS as a national standard and it establishes how agencies will work together and put in protocols on how local governments will interact up the chain with the federal agencies. With the recent natural disaster of hurricane Katrina, NIMS is under a system-wide review of how the system should work and what may need to be done to correct any problems that did occur. He briefly reviewed responsibilities at the federal, state, and local level. It was noted that the City Council is the local authority to declare an emergency and direct staff on the direction to take depending upon the type of emergency. The City's emergency management plan provides for 3 operations levels with Level I being an incident at the department level with little or no mutual aid, Level II being a special or unusual incidents requiring response by multiple departments or mutual aid agencies, and Level III being a large or complicated incident requiring coordinating response. He reviewed the logistics involved in a Level III incident which may include Page 3 - Council Meeting Minutes, October 10, 2005 111 TAPE READING 655l Tape 2 OOOl COUNCIL MEETING MINUTES OCTOBER 10,2005 local, county, state and federal agency involvement. He described the different types of Hazard Specific Plans included in the City's emergency operations plan. Two types of hazard specific plans are (1) natural disasters and (2)man-made disasters such as utility failures, terrorism, civil disorders, water system failures, hazardous materials, transportation and industrial accidents. It was noted that the plans are based a 72-hour self-sustaining period and plan exception is then reviewed for the next 72-hours. The emergency operations plan is currently under review and will be updated so that the NIMS standards can be applied. Each individual emergency operation plan is updated and reviewed as-needed based on an actual experience either within our community or experienced by others. Staffhas been doing a lot of training in basic incident commander and NIMS. Included in the training are police and public works line supervisors, School District employees, and MacLaren School employees. The Command personnel have all had ICS and NIMS and at least one or more general staff specialities training, operations, logistics, and/or finance. The Emergency Program Manager is trained in all of the ICS and NIMS and in all of the general staff and command specialities. He stated that he has completed all of the required training except for the Unified Command School. In regards to emergency management exercises, the City has participated in local exercises involving the City, Fire District, Ambulance service and other involved agencies. Councilor McCallum questioned if the City participated in last Saturday's event in Salem. Chief Russell stated that the City had asked to actively participate but Salem only wanted the City to be a evaluator, therefore, the City did not participate. However, the City will do their own exercise in the spring of 2006. Unified Command meetings have begun and members have identified some things that they would like to do which includes the updating of the Emergency Plan, generating systems for resource management tracking, developing a joint information system, and enhancing local and state-wide communication both radio and data. The Emergency Preparedness Group (line supervisors, operators, and staff from different agencies) are doing staff training and small exercises for the purpose of building up to this larger scale spring exercise. The Police Department and Unified Command are also working on regional disaster planning such as a large earthquake that would have wide regional issues. It was also noted that the Community Response Teams are trained by the Fire Department and Ambulance Services whereas Community Preparedness is part of a Red Cross training program. Councilor McCallum thanked the Police Chief for this detailed presentation. He questioned how the public would be notified of an emergency situation. Chief Russell stated that mass media is the fastest way provided that it is good infonnation that is released. Another option is an emergency broadcast system in a real emergency situation. Another system is a reader board along the roadways. In regards to door-to-door notification, this type of notification is too labor intensive and staffis needed to get other things in place during an emergency situation. Page 4 - Council Meeting Minutes, October 10, 2005 m T COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING 0450 CHAMBER OF COMMERCE REPORT. Nick Harville, Executive Director, updated the Council on the following Chamber activities: 1) Chemeketa Community College will be working with the Chamber to develop some hospitality curriculum that can be offered at the Woodburn campus; 2) SEDCOR (responsible for Marion and Polk Counties Economic Development) will be creating some training classes in Woodburn to train workers for the purpose of raising the skill level of workers; 3) On October 19, 2005, the Chamber will be partnering with Data Vision to put on a seminar at Mid-Valley Bank titled "Marketing to Latinos" for the purpose of educating Anglo businesses about the demographics of the Latino businesses in Woodburn and within this region. It was noted that in a few months this type of program will be a reversal in an effort to educate Latino businesses about marketing to Anglos. 4) The North Willamette Tourism Alliance met last Wednesday and, in attendance, was Terry Cole from ODOT and Mike McCarthy from Marion County. He stated that an ODOT consultant presented a map to the Tourism Alliance that covers our entire region and this map will be given to the Alliance at no cost provided that ODOT is given a calendar of events so that they can plan traffic control months in advance. He stated that the Alliance will give ODOT an annual report of events that cause traffic congestion. The map will provide primary and secondary routes through the communities which should relieve some of the pressure on the main routes used by tourists. He stated that another advantage to the map is that they can mark out bike routes and driving tours for tourists. ODOT and the County see this as an opportunity to go out and display portable signs to route motorists through the communities. 0830 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Superintendent, stated that the School District has over 4,800 students this year which is about 100 more than last year. In looking toward the future, a Facilities Planning Team is trying to develop what the district's needs will be over the next 10 years. If a bond issue is proposed, it is anticipated that the measure will be on the November 2006 ballot. He spoke briefly on how the Woodburn School District is being rated within the State and all of the elementary schools are satisfactory, French Prairie middle school will be rated satisfactory and Valor middle school will be rated strong. However, the high school will be rated low even though they have shown improvements but not enough to bring it to satisfactory rating. He stated that going to a small schools concept for the high school should improve the future ratings since it will allow more focLls on curriculum and more relevance in school. The School Board will be acting on the fOllr school concept at their October 20, 2005 meeting and the themes for the schools include Health / Wellness, Applied Sciences, Technology, Engineering; International School; and Arts and Communication. Page 5 - Council Meeting Minutes, October 10, 2005 n COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING As a member of the Chamber Board, he also urged the Council to vote favorably on the Transient Tax grant funds to the Chamber since they are dedicated to the idea of Tourism and Economic Development. Councilor Bjelland expressed his opinion that the small school initiative is an excellent way to go and having only a 5% dropout rate in Woodburn is an illustration of the School District's effort to make sure that students remain in school as long as possible. Completion of school will determine not only the student's long term economic well- being but that of the community since they are the future work force that drives the economy. 1365 CONSENT AGENDA. A) approve Council meeting minutes of September 12,2005; B) approve the regular and executive session minutes of September 19, 2005; C) accept the Library Board minutes of September 14, 2005; D) accept the Planning Commission minutes of August 25, 2005; E) accept the draft Recreation and Park Board minutes of September 20,2005; F) receive the report on Claims for the month of August 2005; and G) receive the Fall Leaf Collection Program informational report. Councilor McCallum requested that staff provide an updated Recreation report since it has not been in the agenda packet over the last three months and he would like to see cunent statistics on recreation programs and the pool. MCCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion passed unanimously. 1466 TABLED BUSINESS: UNION PACIFIC RAILROAD PIPELINE CROSSING AGREEMENT. City Administrator Brown stated that staff will be prepared to discuss this item with the Council at the next regular Council meeting. 148l COUNCIL BILL NO. 2590 - RESOLUTION ENTERING INTO THE STF 108 MARION COUNTY RURAL AGREEMENT WITH SALEM AREA TRANSIT DISTRICT FOR FISCAL YEAR 2005-2006. Councilor Sifuentez introduced Council Bill 2590. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2590 duly passed. Page 6 - Council Meeting Minutes, October 10, 2005 - COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING l555 COUNCIL BILL NO. 2591 - RESOLUTION AUTHORIZING TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2005-06. Council Bill 2591 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 2591 duly passed. l606 2006 TRANSIENT OCCUPANCY TAX GRANT FUNDS. Nick Harville, Chamber Executive Director, stated that the new Visitor's Center had drawn 2,247 visitors in the first 30 days and disbursed over 13, 000 pieces of information about Woodburn and the surrounding area. Information obtained through surveys at this location gives the Chamber an opportunity to evaluate how to market and promote Woodburn and to gather information for the purpose of targeting the markets. The Visitor Center is funded completely through the Chamber and it is a partnership between the Oregon Travel Information Council and Woodburn Company Stores. The Chamber staffs the Center and the estimated cost to operate the Center is $25,000. Councilor Nichols questioned how much financial support has other local communities given to the Chamber to support the Center since the Chamber is promoting Woodburn and the surrounding communities. Mr. Harville stated that several of the communities with a Chamber or businesses have purchased several panels in kiosks to display literature. Within the Tourism Alliance, the Woodburn Chamber is leveraging their dollars with Chamber organizations in Silverton and Mt. Angel to provide better marketing of the various communities. In some cases, the contribution is in-kind services rather than monetary. However, he will be approaching these communities for monetary support over the next year. Councilor Nichols stated that the Chamber has been doing an excellent job in bringing tourists into Woodburn and feels that the new Center will improve the numbers even more. Mr. Harville stated that the proposal was for $53,000 which includes marketing, tourism promotions, Center operations, and printing. However, the grant amount would be approximately $44,000 based on projected transient occupancy tax revenues for fiscal year 2005-06. Councilor McCallum agreed that the Chamber has done a great job in promoting tourism but the City's current ordinance calls for a competitive process for organizations to apply for grant funds. However, the staff report indicated that this would be a one-time situation to award a grant to the Chamber in the full amount. Administrator Brown suggested that it be considered a one-time situation thereby giving the Council an opportunity to review statistical information on the Center over the next year. Additionally, the Council will need to change the ordinance if the Council elects to do business differently than how it has been done in the past since the ordinance was adopted to provide accountability for the money being distributed. The ordinance was Page 7 - Council Meeting Minutes, October lO, 2005 l'! COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING also written to require the funds be distributed through a grant process, however, it did not need to be done through a competitive grant process. The Council had adopted guidelines which are very stringent and do require a competitive process. He felt that Council would have the flexibility in the ordinance to grant the funds to the Chamber as long as the funds are granted rather than dedicated to the Chamber. In any event, the Council will need to make some change to the guidelines whether it be waiving them for the year or to take out the competitive process. If the Council would elect to provide the Chamber with a dedicated funding source for the future, then the ordinance will need to be changed. Mayor Figley stated that she is a board member of Cascade Scenic Railway and they are in the process of spending a grant that was awarded this time last year. If the ordinance is not changed, they would be considering submittal of a grant proposal to the City next October. She stated that there are other non-profit groups that could apply for these funds and she did not want to make a change to the ordinance other than dispensing with the competitive process for this year only. Di scussion was held regarding the distribution of all of the funds to the Chamber for one year with a degree of accountability agreed upon between the City and the Chamber. Mr. Harville stated that the Chamber's budget for this year does not include any Transient Occupancy Tax funds and these funds, if received, will accomplish the goals and tasks that they have set out to achieved. Councilor Cox stated that he is in agreement with granting the funds to the Chamber for this year only but reiterated that the Chamber could not regard these funds as an entitlement and that they need to continue to be accountable and, at some point in time, there may be other applicants for funds with worthy projects that will get some of the funds. Councilor Bjelland questioned the occupancy rate of existing hotels / motels within the City. Mr. Harville stated that most of the properties do very well in the summer months but occupancy is down to 9% during the rest of the year. 3188 COX/NICHOLS... direct the City Administrator prepare appropriate documents to be submitted to the Council for awarding the grant for one year for the full amount without any change in the ordinance with a waiver for this year of the annual competitive bidding process. The motion passed unanimously. 3250 OREGON LIQUOR LICENSE APPLICATION: BILLY O'DELl & PUB. 2267 Country Club Road. Billy 0 Deli, LLC, submitted an application for a full on premise sales liquor license which would allow for the sale and service of distilled spirits, malt beverages and wine for consumption on the premise. Page 8 - Council Meeting Minutes, October 10, 2005 n T COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING BJELLAND/SIFUENTEZ.... recommend to the Oregon Liquor Control Commission (OLCC) the approval of a liquor license for Billy O'Deli & Pub granting greater privileges. Chief Russell stated that the current license allows for the sale and service of malt beverages and wine for consumption on the premise. To date, there has been no incidents at the location. Councilor McCallum stated that he still has concerns about allowing alcohol sales in the general area in which this business is located. The motion passed 4-2 with Councilors McCallum and Nichols voting nay. 3518 OREGON LIQUOR LICENSE APPLICATION: RUMORS BAR & GRILL. 327 N. Pacific Highway. Blackbird Enterprises LLC submitted a Change of Ownership application for a full on- premise sales liquor license. Chief Russell stated that Ms. Wiltsey had owned the bar for several years and the restaurant had been a joint effort with Bowers Steakhouse. The restaurant operators have since left and Ms. Wiltsey is now liquidating all of her holdings with the exception of the Raven Tavern. It was noted that Rumors Bar & Grill currently holds a full on-premise license. BJELLAND/SIFUENTEZ.... recommend to the Oregon Liquor Control Commission approval of the change of ownership application for Rumors Bar & Grill. The motion passed 5-1 with Councilor Nichols voting nay. 3639 ACCEPTANCE OF BANCROFT BOND APPLICATIONS. Staff recommended the acceptance of Bancroft Bond applications submitted by the following property owners within the Boones Ferry Road Localln1provement District: Anna Ganovicheff, Humberto & Wanda Palafox, Dean & Shelly Mallon, Olga M. Contreras & Martin Cruz Salcido, Darryl & Emily Jensen, Donald & Rhonda Judson, Theresa Joy, Tom Capps, Thomas & Elaine Yoder, Thomas & Shaylene larsen, Santiago & Kelly Kent, Rex & Keenin Young, Arina Hall, Tobin Saalfeld, Allen & Lana Hubenthal, Jose Guzman, Gary & Katherine Mueller, Anthony & Mariana Temple, Richard & Victoria Bellum, Richard Everson, and Catherine Holland. COX/MCCALLUM... accept the Bancroft Bond applications submitted by property owners within the Boones Ferry Road Localln1provement District which were filed after the initial 10-day filing period. The motion passed unanimously. Page 9 - Council Meeting Minutes, October 10, 2005 11 COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING 3686 AWARD OF CONTRACT: EMPLOYEE BENEFIT INSURANCE AGENT OF RECORD. BJELLAND/NICHOLS.... award a contract for Employee Benefit Insurance Agent of Record to the firm of Willis of Oregon, Inc. and authorize the City Administrator to execute an agreement for an amount not-to-exceed $32,000.00. The motion passed unanimously. 3729 CONTRACT AWARD: IMPROVEMENTS TO PARR ROAD AND NO NAME STREET. Bids for street improvements were received from the following contractors: Morse Bros. Inc., $306,078.20; Parker Northwest Paving, $306,519.10; Civil Works NW, S331,122.50; Eagle Elsner, $349,435.00; D & D Paving, $358,071.50; North Santiam Paving Co, $368,898.00; 2KG, $385,000.00; Kerr Contractors, $385,350.50; and Roy L Houck, $398,429.75. NICHOLS/MCCALLUM... award the construction contract to the lowest responsible of Morse Bros., Inc. for street improvements on Parr Road and No Name Street in the amount of $306,078.20. Councilor McCallum stated that he was glad to see that No Name Street will soon be paved and the City will have one less unpaved street within our city limits. The motion passed unanimously. 3818 ENERGY SAVINGS PERFORMANCE CONTRACT AT THE WASTEWATER TREATMENT PLANT. Staff recommended that BacGen be awarded a contract to provide a facilities audit and energy efficient upgrades to the Wastewater Treatment facility which will be funded by the Energy Trust of Oregon. NICHOLS/SIFUENTEZ... authorize the City Administrator to execute an agreement with BacGen Technologies to provide energy efficient upgrades and process optimization at the Wastewater Treatment Plant. The motion passed unanimously. 3870 LEAGUE OF OREGON CITIES CONFERENCE AND BUSINESS MEETING. Administrator Brown stated that Councilor Sifuentez is the only member of the Council who has expressed an interest in attending this year's conference and staff has registered her for the conference. MCCALLUM/COX.... Councilor Sifuentez represent the City at the Annual Business Meeting. The motion passed unanimously. 4016 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's approval of Design Review 05-08 (1776 Country Club Road): Applicant requested approval to construct a 960 square foot accessory building. Page lO - Council Meeting Minutes, October 10, 2005 ~ COUNCIL MEETING MINUTES OCTOBER 10, 2005 TAPE READING Councilor Cox stated that this is a very small structure but it does point out one of the many inconsistencies in the Development Ordinance which includes the notice requirements. Interim Director Zwerdling stated that notices of the application were sent to 290 property owners. No action was taken by the Council to call this approval up for review. 4184 CITY ADMINISTRATOR'S REPORT. Administrator Brown reminded the Council that this is the time of the year that his performance evaluation is due. He will be sending out the evaluation forms and would like to put it on the next agenda under executive session. 4216 MAYOR AND COUNCIL REPORTS. Councilor Lonergan stated that he will be out of town for the next meeting. Councilor McCallum thanked Chief Russell and Public Works Director Tiwari for their presentations at this meeting. Councilor Bjelland stated that he is also scheduled to be out oftown for the next regular meeting and questioned if the evaluation could be held over until the first meeting in November. Administrator Brown agreed with the Council's request to conduct the performance evaluation in November. 4353 ADJOURNMENT. MCCALLUM/SIFUENTEZ... meeting be adjourned. The meeting adjourned at 9:38 p.m.. {!j ~ / ATTEST ~ ~ Mary Ten t, Recorder City of Woodburn, Oregon Page II - Council Meeting Minutes, October 10, 2005 11