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Minutes - 02/25/2008COUNCIL MEETING MINUTES FEBRUARY 25, 2008 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 25, 2008. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Figley Present Councilor Bjelland Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Asst. City Administrator Stevens, Public Works Director Brown, Community Development Director Allen, Police Chief Russell, Public Works Manager Rohman, Recorder Tennant 0030 ANNOUNCEMENTS. A) Public meeting to design new play equipment for Hermanson Park I will be held on February 27, 2008, 7:00 p.m., in the City Hall Council Chambers. B) Public meeting to design new play equipment at Burlingham Park will be held on February 28, 2008, 7:00 p.m., at Soul's Harbor Church of the Nazarene located at 3601 Newberg Highway. Mayor Figley encouraged parents and children in the area of Hermanson and Burlingham parks to attend the meeting for their area and provide input on the equipment design. C) Budget Workshop will be held on March 4, 2008, 7:00 p.m., in the City Hall Council Chambers. Mayor Figley also stated that there is still one vacancy on the Budget Committee and urged interested citizens to contact the City Administrator's office for an application. D) Public Hearing to consider updating Traffic Impact Fees (SDC's) is continued to March 10, 2008, 7:00 p.m., in the City Hall Council Chambers. 0090 PROCLAMATION -NATIONAL READ ACROSS AMERICA DAY2008 - MARCH 3, 2008. Mayor Figley read a proclamation declaring March 3, 2008 as National Read Across America Day in Woodburn to celebrate Dr. Seuss's 104`'' birthday and the community is invited to participate in programs and activities at the Library on Saturday, March ls`, to celebrate this literacy event. Page 1 -Council Meeting Minutes, February 25, 2008 COUNCIL MEETING MINUTES FEBRUARY 25, 2008 TAPE READING 0145 PRESENTATION: 2007 CRIME REPORT. Police Chief Russell presented the report to the Mayor and Council. He stated that this is the fifth year of the complete year of service of Woodburn's Police Information System which allows the department to gather and track information on crime and offenses within the City and to compare data with other local agencies around the state, around the country, and national trends. In Woodburn, he reported that crime rate is down overall on offenses by approximately 12% this year. There was a marginal increase in violent crime but the City saw a reduction in property crimes of almost 13%. This follows a 24% reduction in property crimes the previous year thereby continuing the trend. Index crimes are looked at by FBI to track overall crime standards and violent index crimes include murder, forcible rape, robbery, and aggravated assault. He stated that arson is not considered a property crime nor a violent crime but in the past has been added into property crimes which is how his department tracks this crime. Except for aggravated assault, there was a reduction in each of the violent crime categories. Property crimes consist of burglary, all types of theft, motor vehicle theft, and arson and the City did see a reduction in all of these areas. The adjusted numbers takes into consideration the increase in population and tracks how the City is doing overall and the four-year average reflects an overall reduction of 9.98% in violent crimes and 8.38% in property crimes. In a comparative summary of Woodburn with other select Oregon cities with a population similar to or greater than Woodburn, the City is above some similar sized cities but below many of them and certainly below all of the metro areas. He also stated that the numbers on the survey reflect 2006 data since the 2007 data has not been released yet from the other agencies. The Woodburn data does reflect 2007 crime statistics since this information was pulled from the City's system. He provided statistical information on clearance rate of cases in both violent and property crimes for 2006 and 2007. It was noted that motor vehicle theft is the only area in which the clearance rate was less than 2006 and the City has outpaced the West Coast in clearance rate that the FBI is reporting in all areas. He provided an update on the methamphetaminefssue and its affect on crimes committed such as fraud and identity theft, embezzlement, theft of all types, and other property/persons crimes such as burglary and assaults. He stated that his department has seen several gang offenses but this is also a problem in the metro area and some of the fallout lands in our area when individuals with gang affiliation come into town to try and resolve their issues that may have occurred somewhere else. He also reviewed a chart outlining the top ten incident types responded to by the Police Department in 2007 with the top four incident types being traffic (7,199), public assist (1520), suspicious cases (1470), and self-initiated contact (887). Future strategies for the department will be to continue their assault on crime through enforcement activities, prevention with the Weed and Seed project, and education by strengthening neighborhood connections through police patrol districts and upcoming Citizens Police Academies. The department will also be looking to enhance their patrols which will include the downtown core area (District 2), continue with gang suppression through Page 2 -Council Meeting Minutes, February 25, 2008 COUNCIL MEETING MINUTES FEBRUARY 25, 2008 TAPE READING enforcement and intervention, and reaching out to the community with District meetings, projects, and strategic planning. He stated that community involvement is necessary which involves coming forth to be a witness and testify in court if the need arises to turn a case into a conviction. In summary, he felt that the statistics provide a positive message about crime reduction within our City but there is concern about the future with a reminder that it is important to stay vigilant especially in the front of gangs and gang violence. Mayor Figley reminded the public that if they see something of concern they are encouraged to call the police even if it is just to provide information since that information may lead to solving a case. 0566 CHAMBER OF COMMERCE. Don Judson, Executive Director, provided updated information on the following: 1) Greeter's Program will be held at Leisure Time Day Spa on February 29`'' and at Miles Chevrolet on March 7~'; 2) The Distinguished Service Awards banquet will be held on March 14"' at Wellspring with a 6:00 pm social and dinner at 7:00 pm. He encouraged attendees to purchase their tickets early since there generally is a rush of people wanting to purchase tickets once the winners are announced in the March 4''' newspaper. 3) In regards to the proposed Woodburn Area Visitor's Association (WAVA), bids have been received from a couple of companies to produce materials and, from that, a budget has been prepared which the Chamber Board approved last Wednesday. Based on the City Administrator's recommendation, he would like to come to the next regular Council meeting withe the proposed budget and a request for Transient Occupancy Tax (TOT) funds for the July 2008 through June 2009 period at the same level as this year with very specific things to be accomplished. The Chamber has had financial challenges over the last several months and in order for them to complete surmounting those, the Chamber will need to operate for about six months this year without an Executive Director compensation. Members of the Board will take over various parts of the Executive Director job. The Board also approved hiring him as the permanent Executive Director starting October 1, 2008 and he will take a leave of absence to work on the Youth Golf program then will resume his position in October. Councilor McCallum questioned where the City is at in the TOT grant fund process. City Administrator Brown stated that April 15` would be the normal time for issuance of a Request For Proposal (RFP) but he has discussed with Mr. Judson the possibility of getting something before the Council before the end of March so that the Council would be in a position of making a decision as to whether or not to diverge from the path taken in the past and directly give it to an organization which would require an amendment as well as some guideline changes or to follow the RFP process. Mr. Judson stated that one of the challenges in the grant request has been that the Chamber spends the money then they receive reimbursement from the grant funds. Page 3 -Council Meeting Minutes, February 25, 2008 COUNCIL MEETING MINUTES FEBRUARY 25, 2008 TAPE READING However, WAVA will be by itself and they have no money at this time to pay anyone for services provided to the Visitor's Center. Councilor McCallum expressed concern about not giving other organizations an opportunity to obtain some grant funds to promote City tourism activities. Mayor Figley stated that the issue can be discussed at the next meeting and requested that the material be submitted to the City and distributed with the agenda packet materials. 0760 CONSENT AGENDA. A) approve the regular and executive session minutes of February 11, 2008; B) accept the Recreation and Parks Board draft minutes of February 12, 2008; C) receive the Planning Project Tracking Sheet dated February 21, 2008; D) receive the 2007 Crime Statistics report; E) receive the Police Department Statistics report for January 2008; F) receive the Code enforcement Statistics report for January 2008; and G) receive the Community Services Department Statistics report for January 2008. NICHOLS/MCCALLUM... adopt the Consent Agenda as presented. The motion passed unanimously. 0789 PUBLIC HEARING: COUNTRY CLUB ROAD STREET IMRPOVEMENT BETWEEN BOONES FERRY ROAD AND ASTOR WAY LOCAL IMPROVEMENT DISTRICT (LID) FINAL ASSESSMENTS. Mayor Figley declared the public hearing open at 7:33 pm. Public Works Director Brown presented the staff report on the proposed final assessment of the Country Club Road improvement between Astor Way and Boones Ferry Road. He stated that staff did not receive any public communications to the Public Works office regarding this hearing. The project was authorized by the Council in July 2006 and the scope of the project consisted of constructing two travel lanes per City standards, bike lanes on both sides of the street, and there is no on-street parking. The improvement included curbs, surface water management, street lighting, and undergrounding utilities. The estimated project cost was $452,500 with the benefitting property share being $273,300 and the City's share being $179,200. The actual project expenditure was $506,934.12 with the cost over run being absorbed by the City since the LID ordinance guarantees the benefitted property owners a fixed assessment amount. Within the benefitting property share, there is a $67,000 assessment for all lots associated with the Heritage Park subdivision. Of the City's share of the cost, $54,200 will be paid from Traffic Impact Fees (TIF), $7,650 from Gas Tax, and $171,784 from the Street /Storm Capital Improvement Program. Councilor Lonergan questioned what the cost over run might have been attributed to. Director Brown stated that he did not have specific information on this project but stated that what usually occurs in this situation is an understanding of the scope of work that is involved and there may have been additional improvements that were not well defined. Page 4 -Council Meeting Minutes, February 25, 2008 COUNCIL MEETING MINUTES FEBRUARY 25, 2008 TAPE READING However, the amount of the cost over run is a reasonable amount for a project of this size. Councilor Cox questioned if the $67,000 paid by the Heritage Park developer is an amount equal to the same share based on the formula within the ordinance as other benefitted property owners will be required to pay who are not in Heritage Park. Director Brown stated that he would confirm the methodology to make sure that it was equitable but he feels that staff was very thorough in looking at the methodology for applying the formula equitably. Councilor Cox stated that it was his recollection that the same formula was used on all parcels within the LID so that no one was being treated differently. City Administrator Brown referred back to the Boones Ferry Road LID project where the developer of Heritage Park had paid a portion of that road improvement but property owners within that subdivision still had to pay about one-half of the cost of the assessment to their specific property. No one in the audience spoke either for or against the proposed final assessment. Mayor Figley declared the public hearing closed at 7:40 pm. Councilor Bjelland stated that a 10°Io cost overrun is not uncommon and this amount is less than what ODOT is experiencing with their construction projects. COX/SIFUENTEZ.... staff draft an ordinance to establish the final amounts. The motion passed unanimously. 1080 PUBLIC HEARING: WEST LINCOLN STREET IMPROVEMENT BETWEEN CASCADE DRIVE AND LEASURE STREET LOCAL IMPROVEMENT DISTRICT (LID) FINAL ASSESSMENTS. Mayor Figley declared the public hearing open at 7:42 p.m.. Public Works Director Brown stated that he did receive a telephone from one individual inquiring about the reimbursement process and he did share with that individual that reimbursements will be made to current property owners. Ordinance No.2341established the LID in July 2003 with the project scope being to widen the roadway to 34 feet with parking on both sides of the street, curbs, sidewalks, ADA ramps at intersections, and street lighting. The estimated project cost was $194,500 with the actual construction cost being $166,074. The City contribution for the project was $40,000 plus a $711.14 cost for wetland acquisition. Benefitting properties that have paid the estimated assessment listed in Ordinance No. 2341 will be reimbursed for the difference between the estimate and final assessment amount. In this particular LID, some of the assessments in the original LID were applied to undeveloped property which has since developed and the methodology being applied for reimbursement is to apply the original estimated contribution to the actual parcel that were developed and then compute what the final assessment will be for each one of those particular parcels based upon the reduced project cost. No one in the audience spoke either for or against the proposed final assessment. Page 5 -Council Meeting Minutes, February 25, 2008 COUNCIL MEETING MINUTES FEBRUARY 25, 2008 TAPE READING Mayor Figley declared the public hearing closed at 7:46 p.m.. COX/NICHOLS... approve the proposed assessment and direct staff to prepare an ordinance for Council action to establish these final assessments. The motion passed unanimously. 1222 COUNCIL BILL N0.2700 -ORDINANCE APPROVING FISCAL YEAR 2007-08 SUPPLEMENTAL BUDGET AD.TUSTMENT5. Councilor Sifuentez introduced Council Bill No. 2700. 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. 2700 duly passed with the emergency clause. 1262 CITY ATTORNEY EMPLOYMENT AGREEMENT.. City Attorney Shields declared a conflict of interest since this is his employment agreement and he is unable to provide legal advice in regards to this agreement. He stated that he did draft the agreement and he could discuss re-drafting the agreement if necessary. Councilor Cox stated that he has read the agreement and feels that it does incorporate the things that the Council said they were willing to do at the previous meeting. NICHOLS/MCCALLUM....authorize the Mayor to execute Addendum "F" of the employment agreement with N. Robert Shields. The motion passed unanimously. 1304 APPOINTMENT OF ADMINISTRATOR PRO-TEM. Administrator Brown recommended the appointment of Police Chief Russell as Administrator Pro-Tem while he is out of the office for the remainder of the week. BJELLAND/LONERGAN ... appoint Police Chief Scott Russell as Administrator Pro Tem for the period of February 26 through February 29, 2008. The motion passed unanimously. 1325 WATER SERVICE DELINQUENT AND SERVICE INTERRUPTION FEES AND NOTICE. Mayor Figley stated that the agenda packet includes a report on the subject of delinquent and service interruption fees and notice. She stated that there are suggestions made and this is an opportunity for the Council to have some policy discussion either at this meeting or in the future as to whether or not something should be done differently. Councilor Cox agreed that the red tag is not a good practice to hang on the door especially in those cases where a person inadvertently or rarely has an emergency and does not pay on time. On the other hand, there are some customers who do not bother to pay the bill until they get the red tag. If the staff recommendations are adopted, there will still be some customers who will get their water turned off and will have to pay additional fees. Page 6 -Council Meeting Minutes, February 25, 2008 COUNCIL MEETING MINUTES FEBRUARY 25, 2008 TAPE READING BJELLAND /COX ...direct staff to draft an ordinance amendment to make changes to water billing delinquency procedures and charges as outlined in the staff report. The motion passed unanimously. City Administrator Brown stated that the Council will see a simple amendment to the ordinance that would suggest that this would be addressed through the Master Fee schedule rather than identifying specific fees in the amendment. The Master Fee schedule will be coming before the Council within the near future and it will have a new section dealing with water rates and fees. 1405 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's approval of Design Review 2007-10, located at 770 N. Pacific Highway: Design Review application approved subject to conditions, for a proposed furniture store in the existing building. The application addresses a portion of the nonconforming improvements on the property to an existing building and site which were completed prior to this property being annexed to the City. Community Development Director Allen stated that this would be a new and used furniture store formerly based out of Portland. Councilor McCallum questioned if there is a possibility that the proposed store ends up being something different now that they have received approval. Director Allen stated that a change of use is always a possibility and, in the past, this property has been used as a car dealership and a fruit company . The structure was originally built when the property was still in Marion County and, as a result, it does not have all of the improvements normally associated with property inside the city limits such as parking and landscaping areas. The owners are leasing the property out to someone who wants to operate this furniture business, therefore, the tenant may change in the future but this land use decision will move toward making this property look more like property that has gone through a City review for a land use application. In this particular case, one of the provisions of the Development Ordinance is anon-conforming structure clause that allows a limited number of items to be reviewed and, in an effort to bring the property into compliance with those particular improvements, the applicants were dealing with loading, landscaping, refuse facilities, buffer walls, and parking. The conditions also focus on any safety related issues that the Building Code may have such as the required placement of a water fire hydrant on their side of the street in lieu of extra fire sprinklers in the building to meet Fire Code. 1580 CITY ADMINISTRATOR'S REPORT. A) City Administrator Brown stated that employment contracts with the Police Chief and City Recorder will be up this June and both contracts have provisions that indicate they are to give him notice if they are interested in extending their contract. He has spoken to Page 7 -Council Meeting Minutes, February 25, 2008 COUNCIL MEETING MINUTES FEBRUARY 25, 2008 TAPE READING both individuals and he intends to re-negotiate or at least re-create an extension on these two contracts so that they can continue their employment with the City. 1613 MAYOR AND COUNCIL REPORTS. Councilor McCallum requested that background information be provided to the Council if staff is recommending that Council consider deviating from the procedure on the TOT funds since he wants to be able to keep the door open for other organizations to receive funds. City Administrator Brown stated that he will be giving the Council a full background report on this issue at the next meeting so that they can make a decision on this issue. He will also try to meet with Mr. Judson prior to the next meeting to see if they can come in with an agreed proposal. Councilor Bjelland stated that he had testified before the House Committee on Transportation on transportation issues and the role of Area Commissions on Transportation (ACTS). He felt that his comments went over very well and stated that he tried to make the Committee aware that there is a serious financial funding issue and there needs to be new sources of revenue for financing transportation infrastructure. Councilor Sifuentez stated that she will be out of town March 7-16, 2008, therefore, she will not be at the March 10`h Council meeting. 1717 ADJOURNMENT. COX/MCCALLUM ... meeting be adjourned. The motion passed unanimously. T1 ATTEST Page 8 -Council Meeting Minutes, February 25, 2008 City of Woodburn, Oregon