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Minutes - 03/13/2006 COUNCIL MEETING MINUTES MARCH 13, 2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 13,2006. CONVENED. The meeting convened at 7:00 p.m, with Mayor Figley presiding. 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present (7:13 pm) Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Interim Community Development Director Zwerdling, Finance Director Gillespie, Parks & Recreation Director Westrick, Public Works Manager Rohman, City Recorder Tennant 0096 ANNOUNCEMENTS. A) Woodburn Public Library will have PC Reservation and wireless internet service available which will improve computer and internet access for patrons and allow laptop computer users to connect to the internet in the Library. B) Woodburn Public Library spring concert series will begin on April 2, 2006, 2:00 p,m" City Hall Council Chambers, with performers Glenda McLean and Russ Lenhart, 0143 CHAMBER OF COMMERCE REPORT. Ruby Wolfer, representing the Chamber Board, distributed copies of the new brochure created by the North Willamette Valley Tourism Alliance highlighting all of the quarterly events that will be held in our North Willamette Valley area. She also stated that Mt. Angel Publishing has printed the brochure at no cost to the Chamber. The monthly statistical report was also distributed for Council information, In cooperation with the City and the Chamber of Commerce, the Chamber is moving forward on creating a branding area and they have had a wide range of businesses that have volunteered to be on the branding committee, Ms, Wolfer also confirmed that the Tulip Festival will be held March 20,2006 through April 20, 2006. Page 1 - Council Meeting Minutes, March 13,2006 f COUNCIL MEETING MINUTES MARCH 13, 2006 TAPE READING 0316 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Superintendent, stated that the 4 small high schools have been named by the School Board - Wellness, Business, & Sports School (WEBS); Woodburn Academy of Art, Science, & Technology; the Academy of International Studies; and the Woodburn Arts and Communication Academy. Students have signed up for their choice of school, staff will work on the distribution of students to the schools this week, and parents will be notified as to where their students will be attending the following week. The staffs of those schools are still working on making sure the curriculum for their school is in place and the technical details are taken care of prior to the start of school in the fall. He also announced that Bulldogs on Broadway are presenting a musical comedy titled "To Succeed in Business Without Really Trying" on March 15 - 18,2006 in the high school auditorium, Another activity a number of students participated in was W orId Quest, sponsored by the W orId Affairs Council of Oregon, Woodburn was one of 32 teams participating and we were in the top 3rd. Also, the Woodburn Chess Club attended the State Chess Tournament and they finished in the top half of the "A" category teams (highest category of teams), Councilor McCallum stated that there was a Parent Institute last Saturday at French Prairie Middle School which gave parents an opportunity to connect with businesses and services within our community. He expressed his appreciation to the School District for their efforts in coordinating the program, Superintendent Blomberg stated that they have had this type of program in the past but this year it included City representatives, businesses and services in the area, He hoped that this program was productive for all participants, 0520 LETTER FROM WILLAMETTE BROADBAND. The letter informed the City that Standard Cable Service rate will be increasing by $3.00 per month effective April 1, 2006. 0545 CONSENT AGENDA. A) approve the City Council minutes of February 27,2006; B) accept the Planning Commission minutes of February 9,2006; C) receive the Aquatic Center Revenue Comparison report; D) receive the Building Activity report for February 2006; E) receive the Planning Tracking Sheet dated February 28, 2006; F) receive the Claims report for February 2006; G) receive the informational memo on the City of Canby Proposed Commuter Bus Transportation between Canby and Woodburn; and H) receive the informational memo on the Capital Outlay Transfer within the Police Department. NICHOLS/MCCALLUM... adopt the consent agenda as presented. The motion passed unanimously. Page 2 - Council Meeting Minutes, March 13,2006 COUNCIL MEETING MINUTES MARCH 13, 2006 TAPE READING Councilor Cox arrived at 7: 13 p,m. 0607 COUNCIL BILL NO. 2615 - ORDINANCE AMENDING ORDINANCE 2055 (THE BUSINESS REGISTRATION ORDINANCE) AND SETTING AN EFFECTIVE DATE. Councilor Sifuentez introduced Council Bill 2615, The first reading of the bill was read by title only since there were no objections from the Council. City Attorney Shields stated, for the record, that the title of the ordinance is different from what is listed on the agenda and the Council Bill in the main body of the agenda is the correct title, Recorder Tennant re-read the first reading of the bill and then proceeded to read the second reading of the bill by title only since there were no objections from the Council. 867 Councilor McCallum stated that his wife has a home business that she operates and normally he would declare a potential or actual conflict of interest, however, he had discussed this issue with a representative from the Oregon Government Standards & Practices Commission who confirmed that he was under a class exemption thereby allowing him to participate in the discussion and vote on the matter, Councilor Cox thanked Councilor McCallum for checking into this issue. He stated that he had reviewed the Council Bill very carefully and he complimented staff on putting together this document. Councilor Bjelland requested clarification of the application fee referred to in Section 6 (B) of the ordinance. Administrator Brown stated that an application is required annually in order to receive a license and if the City would deny the license, then the application fee would remain with the City since there was staff time involved in evaluating the application, Councilor McCallum questioned who would be responsible for enforcing this ordinance, Finance Director Gillespie stated that the Finance Department is responsible for identifying as many businesses as possible, and Code Enforcement would actually go out to the businesses to see if they have a business license. Councilor Cox stated that cities with business licensing provisions will never have enforcement at 100% and there is a particular problem with businesses that do not have a fixed location in Woodburn, This ordinance does have one exception for sub-contractors under a contractor's license, All other businesses that do business in Woodburn on a regular basis are expected to have a business license. Councilor Lonergan stated that he works with 5 other cities and, in his opinion, this ordinance is extremely clear compared to the others that he deals with, Additionally, the price for the license is very reasonable, In regards to rental property, he questioned the number of business licenses a property owner would be required to have if the property management is out of their home. Director Gillespie stated that a property owner renting out just one (1) other home is Page 3 - Council Meeting Minutes, March 13,2006 ~ COUNCIL MEETING MINUTES MARCH 13, 2006 TAPE READING exempt from this ordinance but if they rent out two (2) or more homes, they would need one (1) business license. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2615 duly passed, The effective date of the ordinance is April 17, 2006, 1390 COUNCIL BILL NO. 2616 - RESOLUTION ESTABLISHING RATES AND CHARGES FOR AMBULANCE SERVICES IN ACCORDANCE WITH THE FRANCHISE GRANTED TO WOODBURN AMBULANCE. INC. AND REPEALING RESOLUTION NO. 1698. Council Bill 2616 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 2616 duly passed. 1444 COUNCIL BILL NO. 2617 - RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2005-06. Council Bill 2617 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 passage, the bill passed unanimously, Mayor Figley declared Council Bill 2617 duly passed. 1500 LIOUOR LICENSE APPLICATION: A & J MARKET. 689 N. FRONT STREET. A new outlet off-premise application was submitted by Abdulla Hussein DBA: A & J Market, 689 N. Front Street. Councilor Cox stated that he had looked on the corporation division website but did not see this business registered and requested that the business owner verify who A & J is and, if applicable, file a DBA (Doing Business As) with the State. Abdulla Hussein stated that he is the sole owner of the business. Councilor Cox stated that Mr. Hussein does not need to file a DBA ifhe is the sole owner of the business. Councilor McCallum questioned how many businesses in the downtown area have off- premise licenses. Chief Russell stated that, to the best of his recollection, there are two off-premise licenses, Councilor McCallum stated that he does have concerns surrounding past history in the downtown area but he did feel that it would be nice to have another grocery location in that area to serve the local residents. COX/BJELLAND... recommend to OLCC that this license application be approved. On roll call vote, the motion passed 5-1 with Councilor Nichols voting nay. Page 4 - Council Meeting Minutes, March 13,2006 '~ COUNCIL MEETING MINUTES MARCH 13, 2006 TAPE READING 1758 BID # 2005-13: CAROL STREET IMPROVEMENTS. Mayor Figley stated that an updated memo on this issue was distributed to the Council just prior to this meeting, Bids were received from the following contractors: Trademark Construction, Inc" $160,770.00; Parker Northwest Paving, $172,254.00; M L Houck Construction, $183,050.50; Morse Bros., Inc., $186,620,00; Gelco construction, $197,255,00; Eagle- Elsner, $205,697,50; North Santiam Paving Co., $209,900,00; le. Compton, $218,573,50; Kerr Contractors, $218,575,00; D & D Paving, $221,769,11; and C & W Grading, $236,329,50, The engineer's estimate for this project was $176,000.00. BJELLAND/NICHOLS... award construction contract to the lowest responsible bidder, Trademark Construction, Inc, for street and storm drain improvement on Carol Street in the amount of $160,770.00 and that this award be contingent upon the approval of the Oregon Economic Development Department. The motion passed unanimously. 1813 AWARD OF CONTRACT FOR EMPLOYEE COMPENSATION STUDY. NICHOLS/MCCALLUM... award a contract for an Employee Compensation Study for management and non-represented employees to HR Answers and authorize the City Administrator to execute a services agreement in an amount not to exceed $7,700 plus related expenses. Councilor Nichols questioned as to what related expenses include since it is outside of the professional services amount. Administrator Brown stated that related expenses would be, for the most part, travel time, telephone calls, and some printing expense, He reiterated that the $7,700 is the not to exceed amount and he will be undertaking some negotiations with HR Answers to reduce the expense, The motion passed unanimously. 1919 APPOINTMENT OF ADMINISTRATOR PRO-TEM. BJELLAND/MCCALLUM... appoint Police Chief Russell as Administrator Pro-Tern for the period of March 23, 2006 through April 2, 2006. The motion passed unanimously. 1968 1-5 INTERCHANGE IMPROVEMENTS. Administrator Brown stated that the proposed intergovernmental agreement has some policy implications for the City, This draft agreement has been at the staff level of the City and ODOT over the last year and ODOT has indicated that this is close to the final draft. He stated that the intergovernmental agreement, in its current draft form, would address the interchange facility and obligate the City to an estimated $8 million of the total $48 million cost for interchange improvements. OTC (Oregon Transportation Commission) has been looking at cost share when looking at funding priorities for Page 5 - Council Meeting Minutes, March 13,2006 COUNCIL MEETING MINUTES MARCH 13, 2006 TAPE READING modernization projects like the interchange improvement. He stated that the $8 million cost share is a result of extensive negotiations with aD aT since they originally wanted 25% of the total project cost. Additionally, the $2,5 million the City has already spent on right-of-way purchase is a credit to the City's cost share leaving the City with a $5,5 million balance to be acquired between now and two years after this project in its entirety is programed into the State's plan (STIP) which may be another 6 to 7 years. Some money is available in the City's System Development Fund for this project but there is a need to update the system development charges to get the full cost of the facility into the program. The draft agreement also anticipates a private partnership with the properties in the expanded urban growth boundary and he would anticipate receiving $2 million or more from these partnerships, The difference would be made up from federal funding provided that the federal funds do not come from federal highway sources or from other fees that the Council could impose, The agreement is drafted to provide an "out" if the City is unable to obtain the funding. Councilor Cox stated that he would support the draft agreement and felt that it was open- ended which may be in the City's favor. He also felt that ODaT staff has worked very hard with the City to put together a document that they are willing to submit to aTC for approval. Councilor Bjelland stated that the expansion of the urban growth boundary will provide a large part of the City's funding responsibility through system development charges and traffic impact fees, He stated that ODaT Region 2's recommendation on the amount of money that will be received for STIP 2010-2011 is very limited and they are proposing that the Woodburn interchange would receive about $2 million, It was noted that the amount of money in total to be allocated to Region 2 is substantially less than the total estimated cost for the Woodburn interchange project. In order to fund this improvement, there will need to be additional state and federal funding sources made available. Councilor McCallum stated that moving forward is in the best interest of the City and there will be concerns regarding the system development charges but the intergovernmental agreement will bring the City a little closer to actually getting the interchange improved, Councilor Nichols also expressed his support for the draft agreement. Mayor Figley agreed that the draft agreement is probably the best that the City will be able to get from aDOT, The improvement has been needed for many years but land prices continue to escalate which has increased the total cost of the project and she would rather see moving forward with the improvements sooner rather than later since she did not see the escalating land price trend stopping. Administrator Brown stated that the Marion County Commissioners are looking at a public hearing date the latter part of April 2006 on the urban growth boundary expansion and it is hoped that an intergovernmental agreement can be finalized and entered into their record, Page 6 - Council Meeting Minutes, March 13,2006 f COUNCIL MEETING MINUTES MARCH 13, 2006 TAPE READING 2932 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Design Review 05-10, Conditional Use 05-03, Variance 05-14, Variance 05-15, Variance 05-16, and Variance 05-17: Property located at 540 N. Settlemier Avenue. This approval allows for the expansion of the existing Oregon Child Development Coalition Head Start facility. Councilor McCallum stated that the action taken by the Planning Commission was last Thursday, and even though staff provides good background information, the Council does not have the ability to see the comments of the Commissioners until after the Council has to make a decision as to whether or not to call it up for review. He realized that it was not always possible to receive the minutes due to the short time frame between the two meetings but wanted to express his feelings on this issue. Councilor Cox stated that City ordinance gives the Council the right to call up a decision at the next regular Council meeting after Planning Commission approval and he agreed that it would be nice to have the minutes but understands that it is not always possible to obtain the minutes due to timing. He questioned if the Planning Commission approval was unanimous in this case. Interim Director Zwerdling stated that it was a unanimous decision of the Commission to approve the land use actions within this application. 3114 CITY ADMINISTRATOR'S REPORT. 1) Administrator Brown stated that he had asked staff to do their best to try and keep items off of the March 27,2006 agenda since he was not going to be at that meeting. A decision as to whether or not there will be a meeting on March 27th will be made over the next 7 to 10 days. 2) Administrator Brown also stated that, beginning April I st, the City Hall office hours of operation will be from 7:30 a.m. until 5:30 p.m. in an effort to try and serve more people in our community. The expanded hours will be a 3-month trial program from April 1 st until June 30th and staff will be keeping track of the number of individuals served to determine if one or both of those expanded hours is something the City would want to continue to operate. Additionally, all City offices will be open during the lunch hour. He also stated that there may be times when an office might not be open at 7:30 a.m.due to a staff member's illness. There will be an item in the City's newsletter to let the public know of the expanded hours. Staffwill report back to the Council near the end of the trial period. Councilor Lonergan questioned if this expansion of time would involve overtime expense or if it involved a change in staff schedules. Administrator Brown stated that it would be a change in schedule and most departments would be handling the change by bringing in one-half of their staff to work 7:30 am to 4:30 pm and the other staff members would work from 8:30 am until 5:30 pm.. 3) A recent letter from the Tax Assessor's office informed the City that the SUMCO decision on land valuation had been reached and the City's share of the loss in property tax Page 7 - Council Meeting Minutes, March 13,2006 COUNCIL MEETING MINUTES MARCH 13, 2006 TAPE READING dollars is approximately $28,200 annually. 4) Administrator Brown reviewed an organizational concept that he has been looking into since Library Director Sprauer will be retiring on June 30, 2006 and currently the Assistant Library Director positin is vacant. This concept would allow for the reorganizing of two departments - Library and Parks & Recreation - in a way that could be more efficient for the City. The consolidation of these two departments would be renamed to the Community Services Department. This is a model he is aware of from cities in California and he has found a number of cities in Oregon that also use this model. Larger cities in Oregon include Tualatin and Oregon City and he has discussed their program with their City Managers to see how it was done, why it was done, and how it is working. He has received positive reviews from the Managers. In almost every case, a retirement prompted the decision to reorganize and, in most cases, the other department head picked up the slack. His proposal would be to eliminate the Library Director and Recreation Director positions and replacing those positions with a Community Services Director. The Assistant Library Director position would be renamed to Library Manager and then re- organize the Library under that individual into two sections - Public Services section (Adult and Youth Services), and the Technical Services section (Technical service and Circulation). These two sections would have a Senior Librarian or Lead Librarian to oversee work within their assigned section. Benefits to the reorganization is that (l) there is a great deal of similarity between these programs as well as potential overlap, (2) the planning functions can all be done by one individual, (3) both departments are looking at facility expansion, (4) both are in need of doing fund raising, and (5) both departments are involved in trying to form the Woodburn Community Foundation. Ifthe foundation is not formed over the next few months, the Community Services Director would get the foundation in place, be responsible for grants and grant writing, and be responsible for all of the work with architectural services, Request for Proposals, and construction management for the expansion of both of these facilities. The day to day operations of the department would be conducted by the managers of each division since the Community Services Director would be a general manager or administrator type of individual. His plan would also be to move the administration of the two departments into City Hall once the Police Department moves into their new facility and he would propose utilizing some of the existing clerical staff in other City departments that could use some additional part- time help. It would also eliminate the office rental expense the City is currently paying for the Recreation office 160 W. Cleveland and it would eliminate the need for a Library Administrator on the second floor of the Library thereby opening up additional space to be used for collections or other purposes. By reorganizing, the potential cost savings each year will be approximately $90,000 of which a majority of these savings will go back into these programs. He stated that he has talked to both department heads, an individual on the Recreation Board, a couple of individuals on the Library Board one of which is a member of the Friends of the Library, and they did not express any displeasure with the proposal. He requested Council feedback so that he can move forward with the hiring Page 8 - Council Meeting Minutes, March 13, 2006 f COUNCIL MEETING MINUTES MARCH 13, 2006 TAPE READING process of a Library Director or Manager. Mayor Figley stated that she is open to new ideas and, in looking at the facilities needs of the City over the next few years, she felt that Administrator Brown's proposal made sense. Councilor Nichols expressed his opinion that this is a good plan that would work very well and give a boost to both departments. Councilor McCallum stated that his concern would be to find the right person and having the right individuals under the Community Services Director to manage the various divisions. He agreed that the City should move forward with the proposal. Councilor Bjelland questioned if the Library Board and Park & Recreation Board would continue to be separate Boards. Administrator Brown stated that the model includes separate boards and the Director would serve both Advisory Boards which are of an asset to the City. Councilor Cox stated that he had some concern in finding a Director that could cover the broad range of functions but, in general, he is in favor of the proposal since it has the potential of being more efficient. Councilor Sifuentez stated that the plan looks good but hoped that staff will not be coming before the Council after several months wanting an Assistant to the Director. Administrator Brown stated that he would move forward with recruiting for a Library Manager but it may be August before a Community Services Director is hired. 4960 MAYOR AND COUNCIL REPORTS. Councilor McCallum thanked the Mayor for her presentation at the Mayor's Prayer Breakfast and the Woodburn and French Prairie Kiwanis for org~nizing this well-attended community event. Councilor Bjelland stated that he had given a brief report earlier in the meeting on the Region II funding proposal for 20 I 0-20 II and MW ACT will be reviewing the proposal over the next couple of meetings. He will then be meeting with the Chairs of the other Area Commissions of Transportation to come up with a joint Region II proposal. Councilor Sifuentez questioned how the Police Officer is working out at the high school especially in light of the gang member issues. She has heard some positive feedback from parents after the officer went to their home to speak to the them about gang-related issues involving their child and she expressed her willingness to support the Police Department in any way she can in order for the department to continue to take this positive approach. Chief Russell stated that Officer Puente is working hard to work with families and educate them about gang issues. He had also met with the Juvenile Division last week to talk about some of those issues and they have assured him that all gang cases are moving forward. The Juvenile Division also has a proposal moving ahead that would change the way they are dealing with gang cases which includes rolling in more parental accountability. He should hear more from the Juvenile Division next week and he will then provide a report to the Council. Page 9 - Council Meeting Minutes, March 13, 2006 f COUNCIL MEETING MINUTES MARCH 13, 2006 TAPE READING 5291 ADJOURNMENT. NICHOLS/MCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8: 17 p.rn.. APPRO ATTEST /lc'1t ~ Mary Ten nt, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, March 13, 2006 f