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Minutes - 03/26/2007 COUNCIL MEETING MINUTES March 26, 2007 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 26,2007. 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 Present Present Present Present (7:03 pm) Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Allen, Police Chief Russell, Community Services Director Row, City Recorder Tennant 0050 ANNOUNCEMENTS. A) Budget Workshop to discuss baseline budgets and additional funds requests will be held on Saturday, April 7, 2007, 8:30 a.m., in the City Hall Council Chambers. 0139 PRESENTATION: STATUS REPORT ON DOWNTOWN PLAN. Community Development Director Allen stated that the downtown plan was adopted in 1998 for revitalizing the downtown core and, in 2001, an urban renewal district was fonned to provide funding for projects relating to downtown revitalization. A Growth Management grant was obtained for the purpose of updating the Downtown Plan which is now being evaluated by a team of architects, engineers, traffic, and economists. This consulting team is doing a comprehensive review of the downtown area on both sides of the railroad tracks and portions afFront and First Streets. Their work will focus on areas that need, or could have, some sort of improvements such as traffic circulation, parking, housing, streetscape and design, business mix, and infrastructure that would help to revitalize the downtown area and make it a more livable environment. They are also looking at hurdles such as the railroad tracks for the purpose of getting pedestrians and bicyclists from one side of the tracks to the other. Public meetings were held at Lupita's on March 21 and 22, 2007 whereby the consultants provided preliminary suggestions for downtown improvements and obtained feedback from interested citizens and businesses. The economist also went to the each downtown business on those days to obtain feedback from the owners on potential improvements since not all could attend the meeting at Lupita's. Public involvement at the work sessions were fairly light but he felt that the work of the consultant team to talk to the individual businesses was very productive. The Page 1 - Council Meeting Minutes, March 26, 2007 .,. ...... '1r" COUNCIL MEETING MINUTES March 26, 2007 TAPE READING consultants also had a Spanish speaking person with them at all times so that they could communicate with the Spanish speaking business owners. Preliminary work will be distributed as more infonnation is obtained but some sketches were displayed on what some property could look like under a re-development scenario to better utilize properties in the core area. As part of the project, the consultant team is identifying as to whether or not the City could do things in conjunction with property owners to better utilize Front Street as the core area or primary focus of the downtown, thereby better utilizing the Downtown Plaza and hopefully take the focus away from Front Street which has the railroad tracks paralleling the street. The consultants see First Street as a potential area for improvements that would benefit the downtown by having a better mix of businesses and perhaps some residential use in conjunction with commercial uses. This was the first of a series of public work sessions with another work session to be held in about a month. The consultants are in the process of compiling current and prior City studies provided by staff and comments from the public from which they will provide possible solutions and alternatives for the City to consider in tenns of public facility improvements. They will also be identifying prime properties for some sort of private and/or public improvement along with mechanisms for funding some of these projects. It is anticipated that a completed Plan will be before the Council by September 2007. The consultants are currently working on a summary from the recent work sessions along with a summary memo of the existing conditions, market conditions, housing market analysis, and a retail market analysis. He reiterated that the public will have additional opportunities to comment on the preliminary plan as more work is completed by the consulting team. Administrator Brown that infonnational reports, both written and oral, will be provided to the Council as this project progresses. 0755 PRESENTATION: CERTIFICATE OF APPRECIATION - ERNESTINE YODER. Mayor Figley stated that Ernestine Yoder has been a volunteer in the Municipal Court office over the last 20 years. Since Mrs. Yoder has now decided to retire, Mayor Figley presented her with a Certificate of Appreciation for all of her years of dedicated work as a City volunteer. Mrs. Yoder stated that they have lived in Woodburn since 1961 and volunteering is her way of giving back to the community. She enjoyed working in the Court office and expressed her appreciation to City staff members for their friendship and support over the years. 0852 CONSENT AGENDA. A) approve the regular and executive session Council minutes of March 12,2007; B) accept the Recreation and Park Board draft minutes of March 13,2007; C) accept the Planning Commission draft minutes of March 8, 2007; D) accept the Community Services Department statistics report for February 2007; E) receive the Police Department statistics report for February 2007; and Page 2 - Council Meeting Minutes, March 26, 2007 .' ...,.' ........." """1 COUNCIL MEETING MINUTES March 26, 2007 TAPE READING F) receive the Transient Occupancy Tax (TOT) Audit report. Councilor McCallum questioned the number of businesses audited and if the remaining businesses would be audited in the next fiscal year. Finance Director Gillespie stated that 3 of the 6 businesses were audited and staff has not made the decision yet if the remaining businesses will be audited in fiscal year 2007-08 or 2008-09. Each business audited receives a copy of the results that pertain to their business. Councilor McCallum questioned if the businesses that were not audited are provided infonnation on deficiencies that were found by the auditors so that they could review their practices to make sure that they are in compliance with the ordinance. Director Gillespie stated that staff has not made contact with the other businesses as of this date. Councilor McCallum stated that one ofthe mistakes made by a business was quite costly to the customers and the business benefitted because money was returned. However, to make sure that the same mistake is not being made by other businesses, he felt that the businesses should receive some general infonnation on the findings of the audit. Director Gillespie stated that all businesses were audited 5 years ago and found to be in compliance at that time. The error referred to in the staff memo was a practice that has occurred since the last audit. He also stated that the money being returned was not charged to the guests. Councilor Cox expressed his concern regarding the City's current ordinance requirement that the tax paid by customers is based on posted rates rather than actual rate paid by the customer. Within this type of business, the posted rate is more often higher than what is actually paid because the hotel/motel industry has a multitude of rates charged to customers such as commercial, individual, government, weekend, seasonal, and discounted rates for memberships with specific organizations. In his opinion, the Transient Occupancy Tax is a tax on the guest and not the motel, therefore, the City should only charge a tax on the actual room rate paid by the customer. He suggested that the Council consider a change in the ordinance language within the near future. Finance Director Gillespie stated that the current ordinance is consistent with generally accepted accounting principles and with the IRS tax code since the revenue is on the full revenue and the discount then becomes a expense revenue. A discounted rate is an expense no different than any sort of promotional expense to the business. Any change in the ordinance is a policy decision by the Council. It was the consensus of the Council that is issue be placed on a future agenda for further discussion. MCCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion passed unanimously. Page 3 - Council Meeting Minutes, March 26, 2007 .' '..," ,,,,,... "11" COUNCIL MEETING MINUTES March 26, 2007 TAPE READING 0925 COUNCIL BILL NO. 2659 - RESOLUTION SETTING AMOUNT OF THE PARKS AND RECREATION SYSTEMS DEVELOPMENT CHARGES UNDER AN EXISTING METHODOLOGY: ESTABLISHING AN AL TERNA TIVE RATE REVIEW FEE: AND SETTING AN EFFECTIVE DATE FOR IMPOSITION OF THE FEES AND CHARGES. Council Bill No. 2659 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Bjelland stated that the adjustment factor is a combination of the change in average market value of the land and the change in construction cost index with each getting a 50% weight. Over the two period, the increase was 11.5% and he questioned if there was any indication as to how much of that percentage represented the increase in market value of land versus construction cost index. Community Services Director Row stated that this resolution provides for a two-year adjustment since one was not made in 2006. The 2006 total adjustment, taking into account both factors, was 4.92% and the 2007 total adjustment was 6.3%. The cost index factors for 2006 was about a 50/50 share, and for 2007, the property valuation was slightly higher than construction cost (9% property valuation and 3.5% construction index factor). Councilor Cox questioned how the City would obtain trending infonnation in the future if the County would not be providing this infonnation. Director Row stated that the same fonnula outlined in the ordinance has been used for several years and there has been different interpretations on which market value factor should be used. The City does have the weighted trending number for next year but, after that, there will need to be Council discussion on which value increase number should be used. Staff is proposing to update the Parks System Development Charge methodology and this will be one of the questions to be answered as part of this process. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2659 duly passed. 1965 COUNCIL BILL NO. 2660 - RESOLUTION AUTHORIZING COMMUNITY SERVICES DEPARTMENT TO APPLY FOR LOCAL GOVERNMENT GRANTS FROM THE OREGON PARKS AND RECREATION DEPARTMENT FOR MILL CREEK GREENWAY PHASE ONE PROJECT AND THE BURLINGHAM PARK PLAYGROUND RENOVATION. Councilor Sifuentez introduced Council Bill No. 2660. The bill was read by title only since there were no objections from the Council. Councilor Lonergan questioned the need for the Resolution when applying for these grant funds. Community Services Director Row stated that a Resolution is required as part of the State grant program application process. Page 4 - Council Meeting Minutes, March 26, 2007 .,. ,......,. ...." f' COUNCIL MEETING MINUTES March 26, 2007 TAPE READING On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2660 duly passed. The next agenda item was listed in the packet as Council Bill No. 2662, however, the Mayor changed the number to Council Bill No. 2661 in order to keep the number in sequential order. 2092 COUNCIL BILL NO. 2661 - RESOLUTION OF INTENT TO IMPROVE TOUT STREET BETWEEN SETTLEMIER AVENUE AND SOUTH FRONT STREET. ADOPT THE LOCAL IMPROVEMENT DISTRICT: ADOPT THE METHOD OF ASSESSMENT: ESTABLISH A PUBLIC HEARING DATE: AND DIRECT THE CITY RECORDER TO GIVE NOTICE. Councilor Sifuentez introduced Council Bill No. 2661. 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. 2661 duly passed. 2209 ACCEPTANCE OF PUBLIC UTILITY EASEMENT - 1275 FIFTH STREET. Staff recommended the acceptance of a public utility easement from Fannworker Housing Development Corporation for the installation of a stonn sewer line at the end of, and between, Second and Third Streets. NICHOLS/MCCALLUM... accept the public utility easement described on Attachment "A". The motion passed unanimously. 2236 ACCEPTANCE OF PUBLIC UTILITY EASEMENT - LOCATED BETWEEN FIRST AND SECOND STREETS. Staff recommended the acceptance of a public utility easements from (1) Fannworker Housing Development Corporation and (2) Ruben and Maura Rodriguez for the extension and looping of a water main line between First and Second Streets. NICHOLS/COX... accept the public utility easements described on Attachment "A" and Attachment "B". The motion passed unanimously. 2270 UPGRADE AN INFORMATION SERVICES (IS) TECHNICIAN POSITION TO AN IS SPECIALIST POSITION. NICHOLS/BJELLAND... approve upgrading the IS Technician position to an IS Specialist position. The motion passed unanimously. 2300 DESIGNATION OF ADMINISTRATOR PRO-TEM. Administrator Brown recommended the appointment of Community Development Director Allen as Administrator Pro-tem while he is on vacation. Page 5 - Council Meeting Minutes, March 26, 2007 , ." ..... ,'" '11" COUNCIL MEETING MINUTES March 26, 2007 TAPE READING BJELLAND/NICHOLS... appoint Community Development Director Jim Allen as Administrator Pro-tem for the period of March 27 through March 31,2007. The motion passed unanimously. 2417 CITY ADMINISTRATOR'S REPORT. City Administrator Brown stated that he had no additional infonnation to report at this meeting. 2431 MAYOR AND COUNCIL REPORTS. Councilor Lonergan welcomed the Boy Scout troop to the City Council meeting. Councilor McCallum also mentioned to the Scouts that the Council may go quickly over some of the agenda items, however, the agenda packet contains a substantial amount of infonnation covering the items to be considered and the packet is distributed a few days before the meeting so that the Mayor and Councilors have time to review the material prior to the meeting. The agenda is also on the City's website for review by the public. Councilor Bjelland stated that he would not be in attendance at the next regular meeting since he will be out of the State on vacation. 2670 ADJOURNMENT. NICHOLS/COX.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:42 p.m.. / I I AP~ ATTEST (l1~r;;~~ Mary Te nt, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, March 26, 2007 ." ..... "lr'