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Minutes - 10/08/2007 COUNCIL MEETING MINUTES OCTOBER 8, 2007 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 8,2007. 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 Absent Present Present Present Present Staff Present: Administrator Pro-Tern Scott Russell, City Attorney Shields, Acting Public Works Manager Rohman, Community Development Director Allen, Community Services Director Row, Finance Director Gillespie, City Recorder Tennant Mayor Figley stated for the record that Councilor Cox was out of town and City Administrator Brown was out of state attending the ICMA annual conference. 0021 ANNOUNCEMENTS. A) Library Board Meeting: The Board has changed their October 2007 meeting date from October loth to October 17th at 7 :00 p.m. in the City Hall Council Chambers. B) Woodburn Memorial Aquatic Center will be closed for annual maintenance beginning October 11, 2007 and will re-open on November 5, 2007. C) Woodburn Public Library "FOOD FOR FINES" event will end on October 14, 2007. During this event, the Library will waive fines for overdue books when a library patron brings in food for the AWARE Food Bank. 0074 PROCLAMATION HONORING CARMEN RAMIREZ. Mayor Figley stated that Ms. Ramirez is retiring from her full-time work after 35 years of service to the Woodburn community. She read a proclamation honoring Carmen Ramirez for her work throughout the years which included obtaining her nursing certification, being a staff leader at Salud Medical Center, working with families in need of medical care who were homeless or in labor camps, co-founder of Farmworker Housing Development Corporation (FHDC), board member of Oregon Breast and Cervical Cancer Coalition, member of the Marion County AIDS Coalition, member of the Oregon State HIV Planning Committee, and co-founder and board member of Piner os y Campesinos Unidos del Noroeste (PCUN). Page 1 - Council Meeting Minutes, October 8, 2007 COUNCIL MEETING MINUTES OCTOBER 8, 2007 TAPE READING Mayor Figley presented Ms. Ramirez with the proclamation and thanked her for her numerous contributions to our community. Ms. Ramirez expressed her appreciation to the Mayor and Council for recognizing her for all of her work with the farmworkers. She also mentioned that has been the "Santa Claus" for the farmworkers children since 1972 and anticipates continuing in that role. She has been very proud to be a Woodburn resident over the last 36 years. 0210 PROCLAMATION: INTERNATIONAL CREDIT UNION DAY - OCTOBER 18. 2007. Mayor Figley read a proclamation declaring October 18, 2007 as International Credit Union Day within the City and recognized them for their contributions made not only within the Woodburn area but internationally. Mayor Figley presented Nathan Wuerch, OSU Federal Credit Union Branch Manager, with the framed copy of the proclamation since he had brought this day of recognition to the Mayor's attention. 0282 PROCLAMATION: COMMUNITY PLANNING MONTH - OCTOBER 2007. Mayor Figley read a proclamation declaring the month of October 2007 as Community Planning Month within the City extending appreciation to the City's Planning Commission and City Planners for their commitment to public service. Planning Commissioner Jennings and Community Development Director Allen accepted the framed copy of the proclamation. 0374 CHAMBER OF COMMERCE REPORT. Don Judson, Interim Executive Director, informed the Council of the following upcoming Chamber events: 1) Greeter's Program will be at Sterling Savings Bank inside ofWalmart on Friday, October 12th, beginning at 7:00 am. He stated that an average of 40 people attend this weekly event. He encouraged the Mayor and Council to attend and find out about what is happening among the Chamber businesses. 2) Chamber Forum will be on Wednesday, October 17th, 12:00 noon, at Country Meadows. Guest speaker will be Mel Counts with his topic on the success he has had on various team sports. 3) Sixth Annual Crystal Apple Awards will be held on Thursday, November P\ at the Woodburn Armory. He stated that the Chamber co-sponsors this event which honors excellence in education in the North Marion School District, Gervais School District, St. Luke's, Lord High School, and Woodburn School District. He anticipates 50 nominees this year and feels that this event is a real opportunity to let our educators know how much their work is appreciated. He encouraged the public to attend this annual event. Page 2 - Council Meeting Minutes, October 8, 2007 COUNCIL MEETING MINUTES OCTOBER 8, 2007 TAPE READING 0436 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Superintendent, addressed a recent newspaper article which started with a headline that characterized Woodburn as having the worst assessment scores in the State. He stated that this was a false statement when in fact all of the elementary schools have met adequate yearly progress under the No Child Left Behind Act and report cards which will be corning out within the next few days has rated 3 of the 4 elementary schools as strong which is one step below exceptional and one step above satisfactory. Both middle schools are also rated strong and a lot of the programs now in place have been from the ground floor up which is now showing in the "strong" ratings. He reminded the Council that program building does not provide instant results. The high school transformation did create some problems and he agreed that the below satisfactory assessment scores are unacceptable. His staff has been working hard to improve the scores and he believes that they will improve, however, it will take more than 1 year of small schools to produce higher assessment scores. He reiterated that the newspaper headline is not fair to the employees, students, or families of the school district. He has shared his concerns with the newspaper and there will be a rebuttal in the October 9th newspaper. Superintendent Blomberg stated that he has been discussing the Construction Excise Tax with Administrator Brown and a contractual agreement will be brought before the Council within the next few weeks for consideration. The School District feels that it is important to them to adopt the tax in order to take some of the burden off current taxpayers as new development occurs. He also invited the Mayor and Council to the Crystal Apple Awards to show support to the schools in our area. This event will give attendees an opportunity to hear about some of the good things that make a difference for the kids and, in the long run, for our community. Councilor McCallum questioned if the previous computer problem relating to state testing had an impact on the scores recently released. Superintendent Blomberg stated that students had to take last year's test in June 2007 due to computer errors at the state level and everyone in the state experienced a similar problem. Councilor McCallum questioned if the School District tracks kids that who have been in the Woodburn system throughout their careers. Superintendent Blomberg stated that they have done cohort groups but what makes it more difficult is that the cohort gets so small in many of the areas by the time a student gets to high school. The District loses about 55% of their students between kindergarten through grade 8 because of mobility. The biggest cohort group is typically the English language learner or Latino cohort. The District has been tracking mostly to determine the programs for English language learners but they are also now tracking kids that are in the dual language program. Page 3 - Council Meeting Minutes, October 8, 2007 COUNCIL MEETING MINUTES OCTOBER 8, 2007 TAPE READING 0716 Councilor Bjelland felt that cohorts are extremely important when analyzing the educational system because anomalies can be created which is what is occurring at this time. When looking at the cohorts, there can be increased performance in every single cohort yet the school's score can be lower because there may be a different distribution of the make-up of the cohorts. He stated that it is unfortunate that the school average score is often looked at rather than seeing the performance increase of each cohort. Superintendent Blomberg agreed with comments made by Councilor Bjelland and assured the public that they have programs in place that are working for the students and staff is working extremely hard to try and assure that our community can be respected and will produce solid citizens. The small schools (high school) is a 4-year experience to get students ready for testing and not the 18 months which the small schools has been in place. The small schools is a means of giving students a more personalized education by making it more relevant, rigorous and meaningful to them so that they will be prepared to go to college or be employable. 0835 CONSENT AGENDA. A) approve the regular and executive session Council minutes of September 24,2007; B) accept the draft Recreation and Parks Board minutes of September 18, 2007; C) accept the draft Planning Commission minutes of September 27,2007; D) receive the report on Building Activity for September 2007; E) receive the report on the Planning Tracking Sheet dated October 4,2007; and F) receive the report on Claims for September 2007. MCCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion passed unanimously. 0872 COUNCIL BILL NO. 2685 - ORDINANCE REGULATING THE PLACEMENT AND PERMITTING OF NEWSRACKS. Council Bill No. 2685 was introduced by Council Sifuentez. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Lonergan questioned the time period of the permit. City Attorney Shields stated that it would be an annual permit unless the publication itself is different then a new permit application would be required. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2685 duly passed with the emergency clause. 0941 COUNCIL BILL NO. 2686 - ORDINANCE AMENDING ORDINANCE NO. 2399 (THE BUSINESS REGISTRATION ORDINANCE) TO ELIMINATE THE EXEMPTION OF PRODUCERS OF FARM PRODUCTS. Councilor Sifuentez introduced Council Bill No. 2686. The two readings of the bill were read by title only since there were no objections from the Council. Councilor McCallum questioned the effective date of the ordinance. Page 4 - Council Meeting Minutes, October 8, 2007 COUNCIL MEETING MINUTES OCTOBER 8, 2007 TAPE READING City Attorney Shields stated that this bill will go into effect 30 days after passage by the Council. It was noted that there is no specific renewal date for all businesses rather a license is in effect for one year after issuance and renewal is each year thereafter. Don Judson, Chamber Interim Executive Director, stated that with the City's agricultural heritage, the City has previously exempted people from the license requirement who have grown their products which they sell within the city limits. The current dispute is one of the City's longest employers AI's Garden Center and this dispute sterns from how much of their own product do they raise and sell at their local store. The City feels that they should be a part of the business license program but AI's feels that they produce a majority of their product and should be exempt from the ordinance. He has listened to both sides and there are good arguments for each side. The City would like all businesses operating within the City limits subject to business license and regulations but AI's feels that they have been a business within the City for a long time and should be given some respect due to their contribution to Woodburn. The recent Municipal Court lawsuit incurred thousands of dollars on both sides over a $50 business license fee to determine if AI's was exempt from the current ordinance and the Judge ruled that AI's was exempt. He feels that this was a waste of money on both sides and that there should be a way to compromise. His concern is that the Council has the legal right to make this change in the ordinance with the effective date 30 days from passage of the ordinance and enforce AI's to obtain a license in the amount of $50. However, if that is done, the City will further alienate one of the City's best community minded employers and parts of the business community. He suggested that the Council defer consideration of this matter for 30 days and let emotions on both sides cool down. In the meantime, he suggested that discussions take place with both parties to see if a resolution can be made that both parties can agree to. Councilor Bjelland stated that he had some concern when he originally read the proposed ordinance since there is some history in this case, however, the original intent of the exemption for farm products was to exempt those farmers who wanted to periodically bring their produce into the City and sell it. The situation is different now and passage of the proposed ordinance could prohibit farmers from selling their product periodically. After discussing this issue with the City Attorney, a way of dealing with the periodic sales is for the farmers to obtain a special business permit which is currently being done under city ordinance for other types of businesses who sell products within the City on a periodic basis. He agreed that AI's began as a produce business but they have migrated and grown becoming not just a farm stand but an operation that looks very much like a business. Councilor Nichols agreed that the business license fee of $50 is a very minimal amount to be paid and AI's does provide a lot of publicity for Woodburn but AI's now has three other business locations in different communities selling the same products. He felt that the costs incurred by both parties on this lawsuit was ridiculous especially when you look license fee amount. Page 5 - Council Meeting Minutes, October 8,2007 COUNCIL MEETING MINUTES OCTOBER 8, 2007 TAPE READING Councilor McCallum stated that 902 businesses in Woodburn have paid the license fee and many of them are not multi-million dollar businesses. City Attorney Shields stated that the current ordinance has an exemption for special events of 3 days or less duration and the other exemption is in those cases where a business is required to be licensed under another City ordinance. Through those exemptions, a farmer's market could be addressed rather than requiring the $50 business license fee. He stated that his role is to draft what the Council requests and exemptions are a matter of policy to be determined by the Council. Mayor Figley stated that she seemed to recall voting on a business tax in 1991 following the passage of state-wide Ballot Measure 5 and could not recall having a business tax prior to that date. City Attorney stated that a business registration ordinance was passed in the early 1990's and it was an administrative fee for registering a business and not a tax. Councilor Sifuentez questioned Mr. Judson as to why AI's Garden Centers object to the $50 business license fee. Don Judson felt that it was the principle of the matter in that they still feel that they produce the majority of what they sell. He agreed that AI's has more than one location but what is seen at the Woodburn location is a lot of what AI's produce. As Interim Director, he is trying to keep his members happy so that the Chamber can work with the City to make the community better. He also believes that it is the principle of the matter and if there is a way to grandfather the business in or to allow them a period of time to obtain a license or some other means of compromising then it should be considered rather than immediately requiring the license without any communication between AI's and the City since the court ruling was in favor of AI's. Councilor McCallum stated that the court ruling was that the City either needs to correct the language or leave the ordinance as it is currently whereby AI's would be exempt. He did not feel that the City was trying to ramrod this ordinance amendment through since there had been a great deal of work trying to work with AI's to resolve this before it ever went to court but the business decided to take it to court. Mr. Judson reiterated that he is trying to represent Chamber members but he is willing to help in trying to resolve this issue with AI's. He agreed that the City can change the ordinance but suggested that it be done in the spirit of cooperation as much as possible. He requested that there be a 30 day delay in voting on the proposed amendment and he would be willing to talk to AI's about this issue. Councilor Sifuentez stated that she is willing to wait 30 days at which time there will be a full Council present and the City Administrator will also be present. Councilor Lonergan also believed that it is the Council's responsibility to set policy and that the business license is fair. He knows what other cities are charging for a business license and does not feel that the amount charged is excessive. However, he also respects the history and effort which AI's has done in this City and the family atmosphere they have provided over the 50 years they have been in business in Woodburn. He felt that an Page 6 - Council Meeting Minutes, October 8, 2007 COUNCIL MEETING MINUTES OCTOBER 8, 2007 TAPE READING additional 30 days before action is taken is not an unreasonable amount of time. Richard Jennings stated that business registration began in an effort to find out who did business within the City for Police Department information and it was not a tax. The business tax carne in later years to generate more revenue for the City and other cities in Oregon had a business tax in place. The public perception right now is that the Council is adopting an ordinance now in order to get even with Al's since they won a court case. He expressed his opinion that that the City should not even pursue the amendment at this time. Mayor Figley stated that she would be supportive of waiting long enough to see if something can be discussed and brought back to the table, however, she has trouble looking at another business owner and saying that this rule applies to them but not to a business that is bigger, richer, or better connected. She has no wish to get even with a business that she made a point of honoring last year and one that she has done business with for many years but there does need to be one set of rules that needs to apply to everybody. MCCALLUM/SIFUENTEZ... continue consideration of this Council Bill until the first meeting in November 2007. The motion passed unanimously. l589 COUNCIL BILL NO. 2687 - RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATIONS DURING FISCAL YEAR 2007-08. Councilor Sifuentez introduced Council Bill No. 2687. 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. 2687 duly passed. 1615 COUNCIL BILL NO. 2688 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT CONTRACT AMENDMENT WITH CHEMEKET A COMMUNITY COLLEGE THROUGH ITS CHEMEKET A COOPERATIVE REGIONAL LIBRARY SERVICE (CCRLS). Council Bill No. 2688 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. 2688 duly passed. 1650 PARKS AND RECREATION MASTERPLAN UPDATE. Proposals were received from five (5) firms to evaluate the current system and develop a well-planned systemic approach to managing community parks and recreation with the project culminating in the development of recommendations to eliminate current deficiencies and evaluate the City's Parks System Development Charges (SDC's). BJELLAND/MCCALLUM... authorize the City Administrator to execute a Personal Services Agreement with Group MacKenzie for the Parks and Recreation Master Plan Update project. The motion passed unanimously. Page 7 - Council Meeting Minutes, October 8, 2007 COUNCIL MEETING MINUTES OCTOBER 8, 2007 TAPE READING 1664 NEW BUSINESS: STATE-WIDE BALLOT MEASURE NO. 49. Mayor Figley stated that she had drafted a Resolution in support of Ballot Measure 49 as discussed at the previous Council meeting. She stated that she had drafted the resolution away from City Hall, printed the document using her own paper, and had personally delivered copies of the document to the Council. Under state law, the Mayor and Council can take a position on political issues, however, staff cannot take any position and City funds cannot be used for political activities. BJELLAND/SIFUENTEZ... support the resolution prepared by the Mayor. The motion passed unanimously. Mayor Figley reiterated that no public funds are being used on this issue. 1710 CITY ADMINISTRATOR'S REPORT. Administrator Pro-Tern Russell stated that he did not have anything to report to the Council. 1735 MAYOR AND COUNCIL REPORTS. Councilor McCallum extended his condolences to local business owner Mindy Smith who recently lost her granddaughter as a result of a plane crash 7 weeks ago. Ms. Smith also lost her husband, son, daughter-in-law, and grandson at the time ofthe crash and he encouraged the public to keep her and other members of her family in their thoughts and prayers for their loss. Councilor Sifuentez stated that she had an exceptional experience in Bend at the League of Oregon Cities annual conference. She was inspired with what other cities have been doing in their downtown areas and she also brought back copies of the summaries of legislative bills prepared by LOC for the Mayor and Council. Mayor Figley thanked Councilor Sifuentez for attending the LOC conference annually on behalf of the City. 1820 ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The meeting adjourned at 8:03 p.m.. APPROV ATTEST /ll~ ~ Mary Te ant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, October 8, 2007