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Minutes - 12/11/2006 COUNCIL MEETING MINUTES DECEMBER 11, 2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 11, 2006. 0015 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Absent Absent Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Allen, Police Chief Russell, Finance Director Gillespie, Public Works Manager Rohman, Building Official Krieg, City Recorder Tennant Mayor Figley stated that Councilors Bjelland and Cox had previously made arrangements to let the Council know that they would not be at this meeting. 0048 OATH OF OFFICE. Mayor Figley stated that staff had researched the issue regarding Councilor Cox not being at this meeting to be sworn into office and, as a result, it has been determined that Councilor Cox will be sworn into office prior to the next meeting he attends so that he can resume his official duties. City Recorder Tennant administered the Oath of Office to Mayor Figley, Councilor McCallum (Ward III), and Councilor Lonergan (Ward V). Mayor Figley stated that it has been a privilege for her to serve as the City's Mayor for the last four (4) years and Councilor for twelve (12) years before her election to the Mayor's seat. She also stated that she is looking forward to the next two (2) years as Mayor since this is a wonderful, progressive, and exciting community to live in and feels that great things will be done within our community over the next two (2) years. Councilors McCallum and Lonergan agreed with comments made by the Mayor and expressed their appreciation to the voters within their Wards for the opportunity to continue their Council positions. 0247 ELECTION OF COUNCIL PRESIDENT. Mayor Figley stated that the City Charter calls for a Council President to be elected after each biennial general election who would preside in the absence of the Mayor and the election of the Council President is to be conducted by ballot. She distributed ballots to the Councilors to name the person of their choice. Page 1 - Council Meeting Minutes, December 11, 2006 ..' T. "" COUNCIL MEETING MINUTES DECEMBER 11, 2006 TAPE READING John Gervais, Woodburn Independent, stated that under Oregon Government Standards and Practices there is no such thing as a secret ballot. Attorney Shields clarified that the election is held regularly under the City Charter and, since the City is required to follow the Charter provisions which were voted upon by the registered voters of the City, the Charter calls for the election to be by ballot. The Charter process calls for the Mayor to gather the ballots, read them, and make the results public. Mayor Figley questioned if the person elected, based on the ballots received at this meeting, needs a majority of the full Council membership or just of the Councilors present. City Attorney Shields stated that a majority of the Councilors present is all that is needed to determine who will serve as Council President. Mayor Figley read the ballots which contained one (1) vote for Councilor McCallum, one (1) vote for Councilor Lonergan, and two (2) votes for Councilor Sifuentez. Mayor Figley declared Councilor Sifuentez as Council President. 0400 ANNOUNCEMENTS. A) Holiday Closures: City Hall offices and the Library will be closed at noon on Friday, December 22, 2006 and will re-open for regular business hours on Tuesday, December 26,2006. The Aquatic Center will be closed on December 24 and 25,2006. For the New Year's Holiday, City Hall and the Library will be closed on January 1,2007. The Aquatic Center will be closed December 31,2006 and January 1, 2007. B) Mayor's Holiday Concert will be held at the Woodburn High School on Tuesday, December l2, 2006, and Thursday, December 14, 2006, beginning at 7:00 p.m.. Mayor Figley gave all of the credit for organizing this event to Councilor Nichols who has been able to line up talented local individuals to perform at this annual musical event. 0490 REAPPOINTMENTS TO BOARDS AND COMMISSIONS. Mayor Figley reappointed the following individuals to serve in their respective positions: Budget Committee: Position IV - Stanley Milne - term expiration of December 31, 2009 Library Board: Position II - Mary Chadwick ~ term expiration of December 3l, 20 1 0 Planning Commission: Position 6 - Ellen Bandelow - term expiration of December 31, 2010 Position 7 - Richard Jennings - term expiration of December 3l, 2010 Recreation and Parks Board: Position III - Joseph Nicoletti - term expiration of December 31, 2009 Position IV - Rosetta Wangerin - term expiration of December 3l, 2009 Position V - Judy Wesemann - term expiration of December 31, 2009 Mayor Figley stated that she will be making some additional appointments at the first meeting in January but felt that it was an appropriate time to reappoint those individuals Page 2 - Council Meeting Minutes, December ll, 2006 .., T. .. COUNCIL MEETING MINUTES DECEMBER 11,2006 TAPE READING who are already serving in the above positions and have expressed an interest in continuing to serve for another term. MCCALLUM/SIFUENTEZ... Council confirm the Mayor's appointments to the Boards and Commissions as presented. The motion passed unanimously. 0553 COMMUNICATIONS. Mayor Figley informed the public that the Council had received a copy of a letter from Keith Woolen expressing his thoughts on planning issues that had been brought up in a recent Woodburn Independent editorial and his letter, dated December 11, 2006, was addressed to the Woodburn Independent. 0584 CONSENT AGENDA. A) approve the Council work session minutes of November 20, 2006; B) approve the Council regular and executive session minutes of November 27,2006; C) receive the Building Activity report for November 2006; D) receive the Planning Project Tracking Sheet dated December 5, 2006; E) receive the Police Department Statistics report for November 2006; and F) receive the certified Election Results for the November 7, 2006 General Election. NICHOLS/MCCALLUM... adopt the Consent Agenda as presented. The motion passed unanimously. 0650 COUNCIL BILL NO. 2650 - ORDINANCE ADOPTING CERTAIN STATE SPECIALITY CODES~ SETTING FORTH THE POWERS AND DUTIES OF THE BUILDING OFFICIAL~ PROVIDING FOR PROCEDURES AND FEES~ ESTABLISHING PENALTY PROVISIONS~ AND REPEALING ORDINANCE NO. 2293. Council Bill No. 2650 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. 2650 duly passed with the emergency clause. 0751 AUDIT REPORTS FOR FISCAL YEAR 2005-06. Finance Director Gillespie presented the Council with the financial statements for the City of Woodburn and for the Urban Renewal District. Since the City Council is also the Urban Renewal Agency Board, both reports were provided at this meeting rather than calling a separate meeting of the Board for this one business item. He stated that copies of the reports are available on the City's web site and at the Woodburn Public Library. In this year's audit report is a new letter from the Auditors directed to the City Council highlighting two items where they feel internal controls could be improved. It was noted that this letter is a audit requirement which went into effect this year. The first item in the audit letter related to total cash reconciliation and staff will do total cash reconciliation every month beginning with reconciliation of the November 2006 transactions. It was Page 3 - Council Meeting Minutes, December 11, 2006 ..' -- 'T'- ,,""' COUNCIL MEETING MINUTES DECEMBER 11, 2006 TAPE READING noted that in the past staff had been doing cash reconciliations every two or three months as time allowed. The second item involved the Auditor's suggestion to have a separation of duties within Municipal Court between those employees who receive money from defendants and those employees who have the ability to make monetary adjustments to fines. He stated that he has discussed this issue with the Judge and, with Court having only 3 staff members, it is not really feasible to totally separate the cash receipting from the ability to make adjustments. He has discussed with the Auditors the ability of a Court computer report with all of the adjustments that are made and then have it viewed by either the Judge or himself, and the Auditors are satisfied that it will meet their concerns. Councilor Lonergan questioned how much a staff member can adjust a citation. Recorder Tennant stated that citations issued provide a bail amount and the Judge has already authorized, through the Traffic Violations Bureau, a set reduction in the bail amount to those defendants who appear at the Court office prior to the date and time of the hearing and elect to plead guilty or no contest If the defendant appears in Court and is found guilty, then the Judge's sentence would be the adjustment to the original bail amount. Periodically, there may be some other minor adjustments made to a defendant's account but the majority of all adjustments are related to the initial judgment amount on the citations. Finance Director Gillespie stated that it was his intent to have a document available with the adjustments authorized by a manager so that an auditor can see that someone other than a Clerk taking the money has authorized the adjustments. He reminded the Council that, even though it may be very routine in nature, it is very important for the City to have annual audits in order to give the Council, management staff, and the public an opportunity to review the financial records of the City. 1212 PERIODIC REVIEW WORK TASK REMAND ORDER. Mayor Figley referred to the staff report in the agenda packet and commented on the one remand that dealt with having street standards that may call for 24,29, or 34-foot wide streets but the Department of Land Conservation and Development (DLCD) feels that it should be no more than 28-feet wide. She was surprised that street width would be of state-wide concern and she, along with staff, would recommend appeal of this issue. Councilor McCallum questioned if street width is mentioned in State law or administrative rule. Community Development Director stated that street width is a discretionary standard and is a minimized street concept. He felt that DLCD did not like the way the City had addressed the concept in the Periodic Review document which is why it was included in the remand order. Under the remand process, the City would submit information to the DLCD for an eventual hearing before the Land Conservation and Development Commission (LCDC). The City is already on the LCDC agenda for a hearing during the latter part of January 2007 on the referrals that the DLCD staff did not make a decision on relating to the commercial and industrial lands within the proposed urban growth Page 4 - Council Meeting Minutes, December 11, 2006 ..' 'T'. """, II COUNCIL MEETING MINUTES DECEMBER 11, 2006 TAPE READING boundary and this item, if appealed, would most likely be addressed by the LCDC at the January meeting. LONERGAN/NICHOLS... instruct staff to prepare an appeal process of item number 4 and authorize the City Administrator or his designee to submit the appeal documents. The motion passed unanimously. 1513 MARION COUNTY INTERAGENCY METHAMPHETAMINE DRUG TASK FORCE. Police Chief Russell provided background information on the Marion County's efforts to obtain funding for methamphetamine enforcement which would include prevention, intervention, and education. Marion County has been able to raise about $300,000 and they have offered some grants to agencies in an effort to create a Task Force to attack this problem for at the least the next 10 months. There is an opportunity for additional funding for this program through sources they have already generated funding through in addition to other state grants that will be made available. The City is also working on a Weed N Seed grant that could provide the City with funding sources to assist with this program. Agencies being offered an opportunity to participate in receiving grant funds are Salem, Keizer, Woodburn, and Marion County. According to the District Attorney, County Sheriff, and Police Chiefs from Salem and Keizer, Woodburn is a key member in making this Task Force work since they feel that there is a very strong connection between the drug trafficking organizations in Marion County and all of the major agencies need to be involved. If the City would accept the funding, we would need to hire another officer to fill the patrol officer position that would be vacated when a current officer is assigned to the Task Force. He would anticipate being able to make the assignment in February 2007 without putting a drain on the service level currently being provided to our community. NICHOLS/MCCALLUM... accept the grant funding from the Governor's Blue Ribbon Task Force in order to provide a Meth Strike Force investigator. The motion passed unanimously. l770 WASTEWATER RATES. Mayor Figley referred to the staff report which provided background information on the need to begin review of wastewater rates. The current rate structure was established in 1995 but current funding needs for facility upgrades, loan repayments, and operations requires some additional revenues to meet necessary budget appropriations. Staff recommended the appointment of a Citizen Wastewater Rate Advisory Committee to participate in an interim rate study evaluation and authorization to obtain the services of a professional consultant to conduct the interim rate study. NICHOLS/LONERGAN... staff initiate the steps needed to implement a wastewater rate increase, for the Mayor to appoint a Citizen Wastewater Rate Advisory Committee, and the City Administrator be authorized to enter into an agreement for professional Page 5 - Council Meeting Minutes, December ll, 2006 .. 1:' "", COUNCIL MEETING MINUTES DECEMBER 11, 2006 TAPE READING services to conduct an interim rate study to address operational, facilities planning, and some construction funding needs in the Wastewater Funds. The motion passed unanimously. 1925 ACCEPTANCE OF PUBLIC RIGHTS-OF-WAY ON PAYNE STREET. Warranty Deeds were submitted by the following property owners for the purpose of expanding the width of the currently unimproved public right-of-way from 40-feet to 50- feet which would then allow for the future construction of Payne Street: Michail & Raisa Gladkiy, Ivan & Yevgeniy Keptya, Pavel Saverchenko, Isaias Hernandez, and Pedro Marinez Hernandez. LONERGAN/MCCALLUM... accept the warranty deeds for public right-of-way as described in the attached map. The motion passed unanimously. 1964 APPOINTMENT OF ADMINISTRATORPRO-TEM. NICHOLS/MCCALLUM... appoint Police Chief Scott Russell as Administrator Pro Tem for the period of December 13, 2006 through December 23,2006 and Finance Director Gillespie as Administrator Pro Tem for the period of December 24,2006 through January 1, 2007. The motion passed unanimously. 2038 CANCELLATION OF DECEMBER 25.2006 REGULAR COUNCIL MEETING. MCCALLUM/NICHOLS... City Council meeting for December 25,2006 be cancelled. The motion passed unanimously. 2090 CITY ADMINISTRATOR'S REPORT. 1) Administrator Brown stated that there is no need for the Executive Session regarding labor negotiations since he has nothing to report to the Council on at this time. 2) He also wished the Mayor, Council, staff, and general public a happy and safe holiday season. 2136 MAYOR AND COUNCIL REPORTS. Councilor Nichols invited the public to attend the Mayor's Holiday Concert on December 1 ih and 14th with each performance to be held at W oodbum High School beginning at 7:00 p.m.. He also wished everyone a safe and happy holiday season. Councilor McCallum invited the public to view the large beautiful Christmas trees at Woodburn Company Stores, Settlemier House, and Downtown Plaza. Councilor Sifuentez thanked the citizens of Woodburn who have decorated their homes for the public to enjoy during this Christmas season. She also wished everyone a Merry Christmas and Happy New Year. Mayor Figley also wished everyone a happy holiday season. Mayor Figley stated that Attorney Shields had informed her just prior to this meeting that there was no need for an executive session regarding litigation issues. Page 6 - Council Meeting Minutes, December 11, 2006 .' 'T. """ COUNCIL MEETING MINUTES DECEMBER 11, 2006 TAPE READING 2224 ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:40 p.m.. ATTEST 11 '1t ;;:,--,,~ Mary Ten ant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, December 11, 2006 .' 'T" '..