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Minutes - 4/23/ 2007 COUNCIL MEETING MINUTES April 23, 2007 TAPE READIN G 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 23,2007. 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 Absent Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Allen, Public Works Manager Rohman, Police Captain Tennant, Senior CE Technician Scott, City Recorder Tennant Mayor Figley stated that Councilor McCallum was unable to attend this meeting due to illness. 0047 ANNOt:NCEMENTS. A) Downtown Plan Update Charrette will be held in the City Hall Council Chambers on (1) April 25, 2007 from 10:00 am to 3 pm, and from 5 :00 pm to 9:00 pm, and (2) on April 26, 2007 from 10:00 am to 3:00 pm. Mayor Figley encouraged community members interested in the suggestions, comments, and ideas of a team of engineers, architects, and others looking at the City's potential Downtown Plan to come to the charrette and offer further suggestions or comments. B) Council 'York Session will be held on May 7, 2007, 7:00 pm, City Hall Council Chambers, to discuss updating Traffic Impact Fees. 0079 PROCLAMATION: POLICE MEMORIAL WEEK - MAY 13-19,2007. Mayor Figley proclaimed the week of May 13-19,2007 as Police Memorial Week within the City and encouraged residents to join in commemorating law enforcement officers, past and present, who have rendered a dedicated service to their communities, and to observe May 15,2007 as Peace Officer's Memorial Day. 0220 PROCLAMATION: NATIONAL AQUATICS MONTH - MAY 2007. Mayor Figley proclaimed the month of May 2007 as National Aquatic Month and urged residents to support and promote aquatic programs at our local facility. Page 1 - Council Meeting Minutes, April 23,2007 w. ..... ..... 11' COUNCIL MEETING MINUTES April 23, 2007 TAPE READING 0280 PROCLAMATION: EI Dia de los Nifios / EI Dia de los Libros - APRIL 30, 2007. Mayor Figley proclaimed April 30, 2007 as EI Dia de los Ninos / EI Diade los Libros (Day of the Child) and encouraged community members to join in the observance of this event in celebration of children, and to recognize and support literacy programs for children and families. U344 CHAMBER OF COMMERCE REPORT. Deb Yager, Chamber Board member, stated that the Chamber continues to have a strong active presence within the Woodburn community which includes promotion of economic development, work force development, and tourism. Financial support for the Chamber is through a combination of membership dues, grants, events, and other donations. She stated that it had come to their attention that there are Transient Occupancy Tax (TOT) funds that were allocated to the Chamber by the City Council in 2004 and 2005 which were not applied for by the Chamber. She requested that the Council consider allowing them to receive those funds at this time. Administrator Brown stated that he had spoken with the Chamber Executive Board last week on this issue. He requested that this item be placed as a general business item on this agenda and he has prepared some statistical information for the Council to review along with a staff recommendation. Mayor Figley stated that this issue will be added as Item F under General Business. 0452 LETTER OF APOLOGY FROM RICARDO ROBLES. Mayor Figley stated that she would respond to Mr. Robles to let him know that his apology has been accepted with the hope that he will do better for himself in the future. 0494 CONSENT AGENDA. A) approve the regular and executive session Council minutes of April 9, 2007; B) approve the Council work session minutes of March 24, 2007; C) accept the draft Recreation and Park Board minutes of April 10,2007; D) accept the draft Library Board minutes of April 11,2007; E) accept the draft Wastewater Rate Review Committee minutes of April 3, 2007; F) receive the report of Claims for March 2007; and G) receive the March 2007 Community Services Department Statistics report. NICHOLS/LONERGAN... adopt the Consent Agenda as presented. The motion passed unanimously. 0546 PUBLIC HEARING: TOUT STREET LOCAL IMPROVEMENT DISTRICT. Mayor Figley declared the public hearing open at 7: 13 p.m.. Public Works Director Tiwari stated that Tout Street is proposed to be this year's proposed gravel street improvement and funding for this improvement would be through a combination of City funds and a local improvement district (LID). Tout Street is Page 2 - Council Meeting Minutes, April 23, 2007 .' .. - 1I" COUNCIL MEETING MINUTES April 23, 2007 TAPE READING located between Settlemier A venue and S. Front Street and the proposed LID would involve 10 property owners. He reviewed the LID process with this hearing being required as part of the process to receive comments from the benefitted property owners. If less than 50% of the property owners file written objections, then the Council can elect to move forward with the project. He stated that the proposed road improvement would provide for a 34' wide street, curb, gutter, and sidewalks. Parking would be allowed on both sides of the street. The estimated project cost is $113,400 of which the City would contribute S81, 900 and the benefitted property owners would contribute $31,500. Revenues within the State Revenue Sharing Fund, Capital Improvement Fund, and Gas Tax Fund would be used to pay for the City's share of the capital improvement. The LID cost allocation is based on 50% lineal footage and 50% on lot area. Staff is proposing a 20-year payment plan under the Bancroft Bonding Act with an interest rate estimated at 6.25%. It was noted that this is the first time a 20-year payment plan has been proposed since prior LID's had a 1 a-year payment plan. Director Tiwari also stated that staff proposes to use existing City funds for interim financing rather than obtaining construction warrants. ] 605 Councilor Sifuentez stated that a member of the audience did not understand English and she requested that a short recess be taken for the purpose of interpreting the staff s presentation in case the property owner has questions or would like to submit an objection to the LID. Mayor Figley called for a recess at 7:32 pm and reconvened the meeting at 7:42 pm. No one in the audience spoke either for or against the proposed improvement, however, one written objection was received from Ms. Koffler, 198 Tout Street. Mayor Figley declared the public hearing closed at 7:43 pm. Councilor Lonergan expressed his support for the paving of Tout Street. Councilor Sifuentez agreed that the street needs to be improved and felt that the City is striving to work with property owners to make improvements. Councilor Cox also mentioned that the property owners should see their property values increase by an amount more than their assessment amount. Mayor Figley stated that improving the street will also improve the neighborhood in that she has seen in other areas of town where, once their street is paved, property owners take more pride in their homes. BJELLAND/NICHOLS... staff to prepare an analysis on the public input received and report back to the Council at the next regular meeting. The motion passed unanimously. 1936 COUNCIL BILL NO. 2662 - RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO THE COLLECTIVE BARGAINING AGREEMENT WITH AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 642. Councilor Sifuentez introduced Council Bill No. 2662. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final Page 3 - Council Meeting Minutes, April 23, 2007 '0 ...' ...', r COUNCIL MEETING MINUTES April 23, 2007 TAPE READING passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2662 duly passed. 1995 POSITION UPGRADE: LEAD CODE ENFORCEMENT OFFICER. NICHOLS/COX... authorize the upgrade of one (1) Code Enforcement Officer position to a Lead Code Enforcement Officer position.. Administrator Brown stated that he had notified the Union of the City's intent and, pursuant to the Collective Bargaining Agreement, the City does have the right to establish positions and establish the salary. However, the City is required to confer with the Union on the salary and the Union has notified the City that they are not satisfied with the salary level. In his opinion, the salary level is appropriate for the additional duties and he will be conveying that information to the Union in a meeting later this week. The motion passed unanimously. 2110 LIQUOR LICENSE CHANGE OF OWNERSHIP: A & J MARKET. 689 N. FRONT STREET. Staff recommended Council approval to OLCC a change of ownership off-premise sales license which was submitted by Abdulla M. Hussein and Adwia H. Shamakh DBA: A & J Market, Inc.. BJELLAND/SIFUENTEZ... recommend to the Oregon Liquor Control Commission approval of a liquor license change of ownership for A & J Market, Inc.. Administrator Brown stated that an additional owner is being brought into this business in addition to changing the business name from A & J Market to A & J Market, Inc.. The motion passed 4-1 with Councilor Nichols voting nay. 2189 LIQUOR LICENSE NEW OUTLET: NUEVO ARANDAS, 550 N FIRST STREET. Staffrecommended Council approval to OLCC a limited on-premises sales new outlet license which was submitted by Antonio Sevilla and Cecilia Murakawa DBA Nuevo Arandas. BJELLAND/SIFUENTEZ... recommend to the Oregon Liquor Control Commission to approve a liquor license application for a new outlet, Nuevo Arandas. Councilor Lonergan questioned the status of the license currently in place at 450 N. First Street since the owners are moving their business to 550 N. First Street. Captain Tennant stated that the license currently in place at 450 N. First stays at that location for the remainder of the OLCC license period, and, as ofthis date, the owners have not notified OLCC that they want to cancel their license at 450 N. First Street. The motion passed 4-1 with Councilor Nichols voting nay. 2262 LIQUOR LICENSE CHANGE OF OWNERSHIP: TAQUERIA GUADALAJARA, 995 N. PACIFIC HIGHWAY. Staff recommended Council approval to OLCC a limited on-premises sales change of Page 4 - Council Meeting Minutes, April 23, 2007 ,. .', "'1 r COUNCIL MEETING MINUTES April 23, 2007 TAPE READING ownership license which was submitted by Taqueria Guadalajara, Inc.. BJELLAND/COX... recommend to the Oregon Liquor Control Commission to approve a liquor license application for a change of ownership, Taqueria Guadalajara, Inc.. The motion passed 4-1 with Councilor Nichols voting nay. 2291 CHAMBER REQUEST FOR ADDITIONAL FUNDS NOT DISBURSED FROM PREVIOUS GRANT AWARDS. Administrator Brown stated that the Chamber relies on "soft" money such as grants and fundraising activities to meet their expenses and currentIy the Chamber is experiencing a cash flow problemo The Transient Occupancy Tax (TOT) grant does provide for some cash flow assistance in that the ordinance allows for an advance payment equal to 1/4th of the awarded grant amount. This has been used in some years as additional support for cash flow in time of need during the grant year. In this particular year, the Chamber has not been able to expand their line of credit to the degree that they need and some of the other rcvenues they had anticipated have not been received. Additionally, the City is behind in our allocation of TOT grant funds for 2007. The grant is issued on a competitive basis and no organization is entitled to the grant funds. The Chamber is the largest organization receiving these funds and they do have a significant impact on City tourism, economic development and industrial development. In reviewing different options available, staff did perform an analysis of how much money, and when, grant dollars were not applied for by the Chamber even though they had been awarded the grant dollars. Over the last five years, there has been $12,946 unexpended with grant year 2004 and 2005 being the majority of the unexpended years. In the first of those two years, the Chamber \-vas unable to draw down as much money since they were not able to adjust their budget once they realized they were not going to spend money in one area but could spend it another grant eligible area. The grant guidelines are stringent and hold recipients accountable for expenditures and, after the start of the 4th quarter of a grant year, budget adjustments are not allowed. In grant year 2005, the Chamber was very frugal about their expenditures and they did not spend all of the grant funds allocated to them. The grant funds are kept by the City and not made available for future City general expenditures. In the past w'hen funds were available or extra dollars received, the Council had awarded mini-grants to applicants to reduce the unexpended TOT revenues. He recommended that the Council consider allocating the $12,946 unexpended revenue balance to the Chamber to assist them with their cash flow. In the meantime, the Chamber Board is looking at their collections, budget tightening, and expanding their letter of credit. If approved, this would be a one-time infusion of cash in order to keep the Chamber open. He reiterated that the Chamber is in partnership with the City in that the Chamber assists the City in a numbcr ofissLles and they help to convey the City's points of view out to their membership. Councilor Lonergan questioned how much money the Chamber generally receives annually in TOT grant funds. Page 5 - Council Meeting Minutes, April 23,2007 l' ... 11' COUNCIL MEETING MINUTES April 23, 2007 TAPE READING Administrator Brown stated that annual TOT grant funds available are approximately $44,000 and previous allocations to the Chamber have been from a low of $35,200 to a high of $48,900. He also stated that grant recipients are not entitled to grant funds not claimed by the end of the grant year and those funds become a discretionary amount that the Council can allocate in the future as long as grant guidelines are met. If the Chamber would have collected those dollars in the years allocated, unspent dollars would have moved forward in their fund balance and they might not be in the position they currently are in with cash flow. He reiterated that the City wants the grant recipients to be accountable for the dollars received and the Chamber has been very thorough in meeting all of the City's reporting requirements over the years. To date, there has been no requests for the unexpended funds and, in about three (3) weeks, he will be sending out notices to about 15 organizations for Request for Proposals for the current grant year. In past years, there have been only one or two proposals submitted in anyone given year. Councilor Cox stated that he would vote in favor of the request, however, he hoped that the Chamber understands that this is not how the City wants business to be done in the future. He agreed that there is logic in the request but the Chamber needs to remember that they will need to apply and compete for the grant funds for 2007 and this is how the money should be allocated. BJELLAND/SIFUENTEZ... authorize the City to issue to the Chamber of Commerce this request for the TOT funds in the amount of$12,946.00. Administrator Brown stated that staff will be bringing back to the Council at the next regular meeting a budget transfer request. Councilor Bjelland stated that he agreed that the City needs to be careful on how funds are allocated but he also feels that the Chamber is a likely beneficiary of future funds. He felt that it would be advisable on their part when they make a request in the future for the TOT funds, they identify what part of their proposal will be continuing obligations versus projects that will be completed during the grant year. This will allow the Council to then make a policy decision as to whether or not the City should be obligated for some portion of the TOT funds to either fund the Visitor Center or some other on-going program. The motion passed unanimously. 334U CITY ADMINISTRATOR'S REPORT. Administrator Brown reminded the Mayor and Council that the Employee Appreciation Day will be held on Wednesday, April 25, 2007, between 11:30 am and I :30 pm at Lupita's Restaurant. 3392 MAYOR AND COUNCIL REPORTS. Councilor Nichols reminded the public that grass and vegetation within the City needs to be regularly mowed. Mayor Figley encouraged interested community members to attend the Downtown Plan Charrette so that their opinions can be heard before the plan is finalized. Page 6 - Council Meeting Minutes, April 23, 2007 W' ....',' r COUNCIL MEETING MINUTES April 23, 2007 TAPE READING 3475 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under statutory authority ORS 192.660(1 )(h) and ORS 192.660(1 )(f). NICHOLS/SIFUENTEZ... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned into executive session at 8:07 p.m. and reconvened at 8:23 p.m.. 3485 Mayor Figley stated that no decisions were made by the Council while in executive seSSlOn. COX/NICHOLS... authorize the City Attorney to take all necessary actions for the City of Woodbum to intervene on the side of the Oregon Land Conservation & Development Commission in tIle case of 1000 Friends of Oregon vs. LCDC which is the Court of Appeals review of Order No. 07-WKTASK-001720. The motion passed unanimously. 3555 ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjoumed at 8:24 p.m.. / 00/ .--' , , ~ f ' ATTEST /!" (.Z.(. 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