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Minutes - 06/26/2006 COUNCIL MEETING MINUTES JUNE 26, 2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 26, 2006. 0010 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 Warks Director Tiwari, Police Chief Russell, Finance Director Gillespie, Public Works Manager Rohman, Interim Community Development Director Zwerdling, Recreation Services Manager Patterson, Asst. City Engineer Torgeson, Sr. Engineering Tech Scott, City Recorder Tennant 0050 ANNOUNCEMENTS. A) Office Closures: City offices and the Library will be closed on Tuesday, July 4th, in observance of Independence Day. The Aquatic Center will be open from 1 :00 p.m. until 4:00 p.m.. B) July 4th Independence Day Celebration: Festivities will be held at Centennial Park beginning at 5:00 p.m. with the 234th Army Band performing at 8:30 p.m. followed by a fireworks display at 10:00 p.m.. Mayor Figley stated that this year's event has been changed in that musical entertainment will begin at 5:00 p.m. with Bill Coleman & Friends followed by the Dance, Dance, Dance troop, then a performance by the 234th Army Band. Additionally, vendors will provide food and drinks this year rather than volunteers catering the event which previously kept food and drink prices very low. She encouraged the public to come and enjoy this annual event. C) Library Summer Reading Program: This program will continue through July 2006 for children and program content includes performers, crafts, storytimes, games, puzzles, videos, and a weekly "Read to the Dog" program. The summer reading program for teens will end in mid-August. D) Public Hearing will be held before the City Council on July 10, 2006, 7 :00 p.m., City Hall Council Chambers, to consider the Country Club Road Local Improvement District (LID). 0180 PROCLAMATION: RECREATION AND PARKS MONTH. Mayor Figley proclaimed the month of July 2006 as Recreation and Parks Month within the City and she urged community members to enjoy our City parks and to participate in recreation programs offered within our City. Page 1 - Council Meeting Minutes, June 26, 2006 ',,",,' T COUNCIL MEETING MINUTES JUNE 26, 2006 TAPE READING 0303 CONSENT AGENDA. A) approve Council minutes of June 12,2006; B) accept the draft Recreation and Park Board minutes of June 13,2006; C) receive the Police Department Statistics report for May 2006; and D) receive the informational staff report regarding the telecommunications franchise with Data Vision Communications. LONERGAN/MCCALLUM... adopt the Consent Agenda as presented. The motion passed unanimously. 0360 COUNCIL BILL NO. 2629 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2005-06. Council Bill 2629 was introduced by Councilor Sifuentez. Recorder Tennant read the two readings of 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 No. 2629 duly passed with the emergency clause. 0424 COUNCIL BILL NO. 2630 - ORDINANCE ADOPTING A BUDGET FOR FISCAL YEAR 2006-07. MAKING APPROPRIATIONS. AND LEVYING TAXES. Councilor Sifuentez introduced Council Bill 2630. The two readings of the bill were 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 No. 2630 duly passed with the emergency clause. 0497 COUNCIL BILL NO. 2631 - RESOLUTION CERTIFYING CITY'S ELIGIBILITY TO RECEIVE STATE-SHARED REVENUES DURING FISCAL YEAR 2006-07. Councilor Sifuentez introduced Council Bill No. 2631. 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 No. 2631 duly passed. 0546 COUNCIL BILL NO. 2632 - RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES DURING FISCAL YEAR 2006- 2007. Council Bill No. 2632 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 No. 2632 duly passed. Page 2 - Council Meeting Minutes, June 26, 2006 ",,",,' .,. COUNCIL MEETING MINUTES JUNE 26, 2006 TAPE READING 0595 COUNCIL BILL NO. 2633 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH CHEMEKETA COMMUNITY COLLEGE FOR PARTICIPATION IN THE CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE (CCRLS). Councilor Sifuentez introduced Council Bill No. 2633. 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 No. 2633 duly passed. 0650 CONTRACT AWARD: HIGHWAY 214 SIDEWALK PHASE 2. As noted in the staff report, this contract provides for an outside consultant to perform the design work for construction of a sidewalk on the north side of Highway 214 with a connection to Front Street. The City has received an ODOT bicycle-Pedestrian Grant in the amount of $480,500 with the City's estimated project cost share being $25,000. BJELLAND/NICHOLS... award the contract to W &H Pacific, Inc., for consulting design services in connection with the Highway 214 Sidewalk-Phase 2 and authorize the City Administrator to execute an agreement for services in an amount not to exceed $107,021.29. The motion passed unanimously. 0692 ODOT INTERGOVERNMENTAL AGREEMENT - HIGHWAY 214 SIDEWALK PHASE 3. Traffic Enhancement funding in the amount of $790,000 has been awarded by ODOT for the purpose of constructing a sidewalk on the north side of Highway 214 that will link the Phase 2 Sidewalk project to Progress Way. The City's matching funds will be approximately $90,000. BJELLAND/MCCALLUM... authorize the City Administrator to execute an Intergovernmental Agreement pertaining to Transportation Enhancement (TE) funding with Oregon Department of Transportation (ODOT). The motion passed unanimously. 0732 ENGINEERING REPORT: TOUT STREET IMPROVEMENT. Public Works Director Tiwari presented the engineering report for the improvement of Tout Street which is currently a gravel road connecting South Front Street to Settlemier Avenue. The proposed improvement would provide for a 34-foot wide street with sidewalks and on-street parking on both sides of the street. It was noted that this improvement does not include a bike lane since it is a designated local street rather than an access street. The improvement also includes curb and drainage improvements. Properties within the proposed local improvement district (LID) abut Tout Street, however, the distribution of costs are dependent upon the lineal footage abutting the proposed improvement, the area of the property, and whether or not the property has direct access to Tout Street. The estimated cost for this project is $113,400 of which the City's share would be $81,900 with the balance of $31 ,500 to be distributed to the property owners within the proposed LID. It was noted that the City's cost share is based on current City policy and includes budgeted General Fund money to be used towards Page 3 - Council Meeting Minutes, June 26, 2006 ...." T COUNCIL MEETING MINUTES JUNE 26, 2006 TAPE READING improvement projects that would pave gravel streets within our community. Other City funds to be used would be from the Street Capital Improvement Fund, State Revenue Sharing, and Gas Tax. A breakdown of proposed costs to individual property owners was listed in the engineering report and Director Tiwari stated that staff is proposing that the amount listed be the maximum amount charged to each benefitted property owner and, property owners be allowed to repay their share of the cost over a 20-year period under the Bancroft Bond program since this is a gravel street improvement. The interest rate under the Bancroft program would not exceed Y2 percent above the net effective rate of a bond sale and, based on current bond sale rates, the interest rate is estimated at 6.25%. He reminded the Council that property owners can pay off the assessment at anytime without an pre-payment penalties. Councilor Lonergan questioned the current width of Tout Street versus the proposed width. Director Tiwari stated that the gravel portion is currently 18-20 feet wide and the improved roadway would 34 feet which will allow for parking on both sides of the street. COX/MCCALLUM... approve the engineering report as presented for Tout Street and direct staff to prepare a resolution of intent. Councilor Cox stated that he realized that property owners do not like to pay additional dollars for improvements to the infrastructure in front of their property but it will have a direct benefit on the value of their property. Director Tiwari stated that staff had talked to a real estate agent who indicated that the improvement would increase the property value by about 10%. The motion passed unanimously. 1842 OLCC CHANGE OF OWNERSHIP APPLICATION: FONZIE'S DELI. 1585 N. Pacific Hi2hway. A change of ownership limited on-premise sales liquor license application was submitted by Pam D. Goyena DBA: Fonzie's Deli. BJELLAND/LONERGAN... approve a change of ownership application for Fonzie's Deli. On roll call vote, the motion passed 5-1 with Councilor Nichols voting nay. 1877 OLCC NEW OUTLET APPLICATION: WOODBURN GROCERY OUTLET. 1575 Mt. Hood Avenue. A new outlet off-premises' sales liquor license application was submitted by Eddie R. Ryker DBA: Woodburn Grocery Outlet. COX/MCCALLUM... recommend to OLCC approval of a liquor license application for Woodburn Grocery Outlet. On roll call vote, the motion passed 5-1 with Councilor Nichols voting nay. Page 4 - Council Meeting Minutes, June 26, 2006 'O' .... T COUNCIL MEETING MINUTES JUNE 26, 2006 TAPE READING 1921 LIABILITY. AUTO. PROPERTY. AND WORKERS' COMPENSATION INSURANCE FOR FISCAL YEAR 2006-07. NICHOLS/COX... authorize the City Administrator to execute liability, auto, property, and workers' compensation insurance contracts with City County Insurance Services (CIS) for fiscal year 2006-07. The motion passed unanimously. 1964 SITE LEASE AGREEMENT FOR ANTENNA ON WATER TOWER. Staff recommended approval of the agreement which would allow for the placement of an antenna on the downtown water tower which would allow this non-profit agency to operate a low-power FM radio station (96.3) with programming similar to public radio which will target the Latino community. An FCC permit has been obtained and the new station (KPCN) must be on the air by November 17, 2006. BJELLAND/SIFUENTEZ... approve and authorize the City Administrator to execute the attached site lease agreement with Pineros y Campesinos Unidos del Noreste, Inc. (PCUN) and Centro de Servicios para Campesinos, Inc.. Larry Kleinman, representing PCUN, thanked City Administrator Brown and Public Works Manager Rohman for their work on preparing the agreement before the Council. Adrian Valladares and Jose Morales briefly reviewed their vision which is to actively inform and educate people within the community along with their goal of engaging people to be more active within the community. On August 18-20,2006, a celebration is planned to build (set-up) the radio station and to hopefully be on air on August 20th. Councilor Cox stated that he will vote in favor of this motion which seems like an interesting program and accomplishes the goals they are hoping to achieve. From the City's point of view, it will provide an additional small revenue stream in addition to the benefit of having another public communication method especially within the Latino community. Councilor Bjelland stated that an interesting aspect to this project is that it will be broadcasted in not only Spanish but two other native languages which are most likely not normally heard over the radio. The motion passed unanimously. 2268 REIMBURSEMENT AGREEMENT FOR SERVICES. MATERIALS. AND PROJECTS. Staff recommended the execution of the Reimbursement Agreement with the Woodburn Urban Renewal Agency for fiscal year 2006-07 which will facilitate the reimbursement of costs advanced by the City on budgeted projects and expenses. NICHOLS/SIFUENTEZ... authorize Mayor to execute the reimbursement agreement as presented. The motion passed unanimously. Page 5 - Council Meeting Minutes, June 26,2006 "" "''''''' T COUNCIL MEETING MINUTES JUNE 26, 2006 TAPE READING 2309 MARION COUNTY PERIODIC REVIEW AGREEMENT. Administrator Brown stated that the draft Memorandum of Understanding (MOU) will need approval from the County but the Council, if they are in agreement with the City Attorney's report and they are in agreement with the principles outlined in the draft Memorandum of Understanding, could approve the MOU at this meeting. City Attorney Shields briefly reviewed his report (Memoradum Opinion No. 2006-01) which addressed issues regarding a Council executive session to discuss the County's response to the periodic review amendments and the authority to enter into an agreement with private parties for payment of costs associated with a subsequent process. He explained the distinction between legislative and quasi-judicial proceedings. Councilor Cox stated that ifthere is an increased population growth projection that allows the City to consider additional properties to add to the urban growth boundary, then anyone can submit an application which would then be reviewed on their own merits. Attorney Shields stated that a quasi-judicial proceeding provides an advantage to the private party in that the timing and consultants are controlled by the private party. Councilor Cox stated that he has had a change in his position on this issue since Attorney Shields has stated in his legal opinion that the Council could enter into reimbursement agreements with applicants. Additionally, based on the draft Memorandum of Understanding, the City's periodic review plan will be approved by the County Commissioners and then, as a separate matter, other issues brought up by the County will be addressed. Administrator Brown stated that staffs point of view is that there is some conditionality involved. The motion adopted by the County stated that they would move the Periodic Review Plan forward but their staff needed to do a coordinated population projection change and they wanted the City to participate in a discussion regarding changing density standards. The County has also asked the Council to enter into the agreement. Councilor Cox expressed his opinion that if the draft agreement is approved, the Council is, at least morally, committed to doing something but, before that is even done, the existing package before the County Commissioners will be approved and forwarded to the State. The County will then do their work in changing the population projections and, after that is completed, the City will receive and process applications to add specific properties to the urban growth boundary. Attorney Shields referred to the draft agreement which has a provision in which the parties would bear their own costs which would mean that they would control their own applications and consultants and the City would facilitate the process. Administrator Brown provided the Council with draft agreement proposals #1 and #2. Staff is recommending that the Council approve draft agreement #1 provided that any changes proposed by the County Commissioners are not substantial. COX/MCCALLUM... authorize the Mayor to execute on behalf of the City the Memorandum of Understanding (version labeled #1) or something substantially equivalent to it, to resolve this issue. Page 6 - Council Meeting Minutes, June 26, 2006 .-' COUNCIL MEETING MINUTES JUNE 26, 2006 TAPE READING Councilor Bjelland referred to version #2 regarding the population projections and stated that the County is going to be required to do a coordinated population forecast with all of the cities in Marion County and he did not feel that the proposed language really added anything to the memorandum of understanding since that is something the County will need to do anyway. He also stated that a memorandum of understanding is to layout the intents of the parties and feels that a statement saying that the City will consider amendments states the City's intent to do so. Councilor Cox stated that the word undertake implies "pre-deciding to do it" and, according to quasi-judicial proceeding, the Council is not suppose to pre-decide anything. He had no objections to some changes in the wording within version #1 as long as it does not change the major substance of the document. Councilor McCallum expressed his appreciation of the work of County and City staff and he hoped to achieve a win-win situation for everyone involved. The motion passed unanimously. 3680 WEED AND SEED LETTER OF INTENT. Recreation Services Manager Patterson stated that the Letter of Intent is the first step in the application process in order to become officially recognized by the Department of Justice as a potential location for grant funding. He also stated that the Department of Justice has specific guidelines that need to be followed and, as a part ofthe process, community meetings were held to identify strategies for reducing crime, violence, and gang activity within the City. Councilor McCallum stated that the $1 million grant covers a five-year period, however, he questioned what types of commitments the Department of Justice would expect from the community after the grant has ended. Recreation Services Manager Patterson stated that there are some sustainability expectations in the grant process but the sustainability portion goes to the process of implementing the strategy through collaboration with other organizations and agencies to continue on with the Weed and Seed effort. He stated that Weed and Seed is a strategy and it can be as basic as a network of Neighborhood Watch organizations that utilize resources from the grant to target specific neighborhood renovations that would improve the neighborhood with the hope that it would reduce crime in that area, or it can be as complicated as having the County Probation Department in a longer lasting partnership with the City to follow up with juvenile delinquency probation expectations. The strategy would be to make better use of resources at the local level involving multiple agencies and organizations and the funding goes for those extra elements that could not be funded through that collaborative effort. BJELLAND/MCCALLUM... approve a Letter ofIntent to submit an application for the fiscal year 2007 Weed and Seed Grant. The motion passed unanimously. Page 7 - Council Meeting Minutes, June 26,2006 -' .. COUNCIL MEETING MINUTES JUNE 26, 2006 TAPE READING 3996 KaBOOM PLAYGROUND EQUIPMENT REPLACEMENT AGREEMENT. NICHOLS/LONERGAN... enter into a grant contract with KaBoom to replace the playground at Nelson Park. The motion passed unanimously. Administrator Brown publicly recognized Recreation Services Manager Patterson for his work on this grant. The City had received notification ofthis grant the day before the deadline and Recreation Services Manager Patterson diligently worked on getting the application together and to create the relationships the City needed to obtain this grant. 4169 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's approval of Design Review 06-03: The approval allows for vehicle wholesale business on property located at 2885 National Way. Councilor Cox briefly commented on his recollections from prior WDO committee discussions relating to allowable uses in the Industrial Park zone which focused on moving away from operations that were totally sales operations, however, sales operations would still be allowed as a conditional use. He questioned if this application is a conditional use. Interim Director Zwerdling stated that the Commercial General zone includes Auto Sales as a conditional use. This applicant would be doing wholesale trade and they will not have customers coming to the site. The vehicles will be stored at this location and it will not include a sales office. No action was taken by the Council on this land use issue. 4340 CITY ADMINISTRATOR'S REPORT. A) Administrator Brown stated that the Capital Improvement Program (CIP) budget has included a grant funded line item over the last three years to dig out Hermanson Pond and to create a fishery and walking paths. Grant funds would be from the U.S. Dept. of Agriculture (USDA) in the amount of $50,000. In discussions with the Recreation and Park Board, two issues of concern were brought forth: (1) playground equipment funding and (2) making sure staff stayed on top of the Hermanson Pond project. In looking at the status of the Hermanson Pond project, staff found that there was a tight timeframe in order to get the work done within the contract period. Additionally, engineering specifications needed to be developed in order to put the project out to bid and, once the engineering department looked at the project, it was found that the cost of digging the pond out was estimated to be $175,000. Staff has been working with the USDA and they are willing to allow the City to keep the grant and try to do some limited amount of work in the area of the pond such as removing some non-native grasses and then replanting it with native species. The timeframe has not been removed and the USDA is expecting the City to provide plans towards the first of the month since it will still need to go out to bid. He stated that there is a strong possibility that the grant may need to go back USDA in the event the City cannot get what needs to be done within the established timeframe. Page 8 - Council Meeting Minutes, June 26, 2006 ..,. ,. COUNCIL MEETING MINUTES JUNE 26, 2006 TAPE READING Councilor Bjelland stated that a developer was required to do a portion of the Hermanson Pond project as part of a mitigation effort and he questioned if that was ever accomplished. Administrator Brown stated that the Luckey Company did complete their piece of the project even though it took a long time to get it completed. 2) Administrator Brown informed the Council that a Retirement Celebration will be held for Library Director Linda Sprauer on Friday, June 30, 2006, City Hall Council Chambers, between 2:00 pm and 5:00 pm. 4 795 MAYOR AND COUNCIL REPORTS. Councilor Nichols wished all members of the community a safe and enjoyable holiday. Councilor McCallum thanked the community for their great effort in Relay for Life and the Council, senior management, and participating employees for their support. This year's goal set by the Committee was $88,000, the goal set by co-chairs James & Gina Audritsh was for $100,000, and the amount raised to date was over $112,000. Councilor Sifuentez stated that she had received an invitation from George Fox University to submit a proposal to them outlining specific volunteer projects their staff and students could do for local communities. This year's volunteer date is scheduled for September 6, 2006 and she urged staff to see what, if any, projects could be submitted to the college for their consideration. Councilor Cox questioned when the United Disposal Franchise is scheduled to come back before the Council. Administrator Brown stated that staff had put an article in the recent City Newsletter on the proposed recycling program and staff will bring back information once data has been gathered in addition to any information United Disposal can provide on current can size usage within the City. Mayor Figley reiterated that the Relay for Life event is a reminder of how many community members are cancer survivors, how their life has been prolonged and the quality of their lives enhanced through the efforts of our community. She also encouraged community members to come out to Centennial Park to enjoy the evening program and the fireworks display. Mayor Figley stated that there would not be an Executive Session. Page 9 - Council Meeting Minutes, June 26, 2006 .....,. T COUNCIL MEETING MINUTES JUNE 26, 2006 TAPE READING 5406 ADJOURNMENT. MCCALLUM/NICHOLS... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8: 18 p.rn.. ~ APPROVE ATTEST fY) ~ --r;,~, Mary Te nant, Recorder City of Woodburn, Oregon V' -' t Page 10 - Council Meeting Minutes, June 26,2006 "..,. ,.