Minutes - 03/26/2007
COUNCIL MEETING MINUTES
March 26, 2007
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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
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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
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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.
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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.
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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.
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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..
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ATTEST (l1~r;;~~
Mary Te nt, Recorder
City of Woodburn, Oregon
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