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Minutes - 03/24/2008COUNCIL MEETING MINUTES MARCH 24, 2008 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 24, 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 Attorney Shields, Police Chief Russell, Asst. City Administrator Stevens, Community Development Director Allen, Community Services Director Row, Finance Director Gillespie, Public Works Manager Rohman, Recorder Tennant 0024 APPOINTMENTS. A) Budget Committee: Mayor Figley appointed Allen Ray Quintero Sr. to serve on the Budget Committee, Position II, with his term to expire on December 31, 2010. NICHOLS/MCCALLUM.... approve the appointment of Allen Ray Quintero Sr. to the Budget Committee with a term expiration date of December 31, 2010. B) Wastewater Facility Plan Committee: Mayor Figley appointed the following individuals to serve on the Wastewater Facility Plan Committee: John Reinhardt, Willis Grafe, Barbara Lucas, Ronald Lilienthal, Jerry Bourne, Heidi Bischoff, Dennis Want, and Scott Eden (Marion County Soil and Water Conservation District representative). She stated that there may be a few more appointments but this seemed like a nucleus of individuals who can get started on this project. NICHOLS/MCCALLUM... approve the Mayor's appointments to the Wastewater Facility Plan Committee. The motion passed unanimously. 0090 PRESENTATION: MEDALS OF VALOR. Police Chief Russell stated that in December 2007, the Police Department awarded their second highest medal, Medal of Valor, to Officer Zach Williams, Officer Steve Sloan, and Sergeant Bill Torres. At that time, the Marion County Sheriff's office also awarded their Medal of Valor to these three officers for their courageous attempt to rescue Marion County Deputy Sheriff Kelly Fredinburg from a burning vehicle. Chief Russell read a Page 1 -Council Meeting Minutes, March 24, 2008 COUNCIL MEETING MINUTES MARCH 24, 2008 TAPE READING summary of the event in which the Deputy's vehicle was hit by an on-coming vehicle on Highway 99E but, after multiple attempts to suppress the fire and get to the trapped Deputy, the vehicle became engulfed in flames and forced the officers to abort the rescue. He stated that these officers did their duty in that time of extreme hazard and trauma and kept other individuals safe from approaching the scene of the accident. For their immediate actions, valiant attempts to save a life, and professionalism in an emergency situation, he presented them with the Woodburn Police Department Medal of Valor. Mayor Figley expressed her appreciation of having the opportunity to be here for this award and for their compassion and courage, and for doing their job by going above and beyond the call of duty. While everyone wishes that there would have been a better ending to this incident, she thanked the officers for their courageous act on behalf of the entire Woodburn community. 0215 OREGON YOUTH AUTHORITY PRESENTATION TO THE A.W.A.R.E. FOOD BANK. Brian Florip, Assistant Director of the Oregon Youth Authority and currently Acting Superintendent of MacLaren School, stated that the staff and youth of MacLaren, as part of the Governor's annual food drive in February 2008, generated donations in the amount of $1,400 which equates to about 8,4001bs of food for the A.W.A.R.E. Food Bank. MacLaren values their membership in the Woodburn community and this is one way in which they can extend their appreciation out to the community. Mayor Figley accepted their donation on behalf of the A.W.A.R.E. Food Bank and expressed her appreciation for all that the MacLaren staff and residents have done over the years to help our community in various projects. 0282 CHAMBER OF COMMERCE REPORT. Deb Yager, Chamber President, expressed her thanks for the Council's support and partnership in the formation of WAVA (Woodburn Area Visitor's Association). She reported that the Chamber's Greeter Program at the Oregon Golf Association (OGA) had 63 individuals in attendance last Friday and the Distingusihed Service Award (DSA) Banquet was very successful with 152 in attendance to honor the beneficiaries of the awards for their work. Upcoming Chamber events include: (1) Ribbon cutting at the Senior Estates Grill on March 28th at 10:30 a.m.; (2) On Saturday, March 29"', the Tulip Festival kick-off at the Woodburn Company Stores will include a youth planting sponsored by the Chamber, Al's Garden Center, and the Woodburn Company Stores; and (3) On April 10"', their will be a joint Business after Hours with the Chambers of Silverton, Mt. Angel, and Woodburn at the Glockenspiel Restaurant in Mt. Angel. In regards to WAVA, the Chamber will be opening a position for apart-time Tourism Coordinator who will be accountable to the Vice President of Tourism on the Chamber Board and will be the Chamber's staff person to coordinate the Chamber's Tourism Page 2 -Council Meeting Minutes, March 24, 2008 COUNCIL MEETING MINUTES MARCH 24, 2008 TAPE READING activities. The Chamber's Economic Development Committee will be doing a special business promotion on April 19`" and 20`" along Highway 99E to attract new customers from Tulip Festival attendees in addition to promoting these businesses to local residents. There will be 10,000 brochures printed for distribution at the Wooden Shoe Tulip Farm and participating businesses. The Chamber Forum will be held on April 16`" at Country Meadows at 12:00 noon with guest speaker being Senator Peter Courtney who will be giving an update on State legislative issues. 0400 MEMO FROM TUDGE ZYRYANOFF DATED MARCH 20, 2008. Mayor Figley stated that a memo had been received from Judge Zyryanoff advising the Mayor and Council of her appointment of Thomas La Follett to serve as Municipal Court pro-tem judge beginning March 25, 2008 until further notice. Councilor McCallum requested clarification as to whether or not the Council still has some control in the appointment of pro-tem judges. City Attorney Shields stated that this is also a new process for the Judge to follow and it is anticipated that there will be minimal appointments to this position. Under the ordinance provisions, the Council can override an appointment but absent that, the Judge is to give Council notice of an appointment. It was also noted that the memo did not include a termination date of the appointment nor does the ordinance include any set terms for an appointment. Councilor Cox also mentioned that the Council does not need to act on the appointment unless they are dissatisfied with the appointment. The Judge can also terminate an appointment at her pleasure. 0479 Thomas Drewek, stated that he had some problems with a individual about 2 years ago with an individual whom he had offered use of his garage for housing and use of his vehicle. This individual also charged a large amount of money on his credit cards. He reported this to the police but nothing has been done. He stated that he has been waiting for 2 years to talk to the Police Chief but has only been allowed to talk to other Police management staff and officers regarding complaints he has filed. He stated that he has continued to be put off by the Police Department to get answers and see what, if any, charges have been filed against individuals that he has reported as performing illegal activities. 0682 CONSENT AGENDA. A) approve the Council meeting minutes of March 10, 2008; B) accept the draft Planning Commission minutes of March 13, 2008; C) receive the Planning Project Tracking sheet dated March 20, 2008; D) receive the Crime Statistics for January 2008 through February 2008; and E) receive the Community Services Department Statistics for February 2008. NICHOLS/MCCALLUM.... adopt the Consent Agenda as presented. The motion Page 3 -Council Meeting Minutes, March 24, 2008 COUNCIL MEETING MINUTES MARCH 24, 2008 TAPE READING passed unanimously. 0713 Councilor Bjelland stated that a citizen has raised some issues and he would like to get a report back from the Police Department regarding these complaints. Police Chief Russell stated that he has had lengthy meetings with Mr. Drewek on several occasions but not within the last few months. Mr. Drewek has several cases pending either before the Marion County Grand Jury or with the Marion County District Attorney's office. He has not been pleased with the outcome from the District Attorney's office although that is not within the Police Department's scope of influence. Within the last week, a detective has been in touch with Mr. Drewek and working on his case and is unsure as to what additional service the department can provide at this time. He disagreed with statements made by Mr. Drewek that officers would not take reports since there a number of reports have been filed by Mr. Drewek. He is more than willing to meet with Mr. Drewek but unsure if he can resolve all of the issues presented. 0765 MAYOR SUBMITS FOR RECONSIDERATION COUNCIL BILL N0.2704 (ORDINANCE REPEALING ORDINANCE 2368 (THE 2004-05 MASTER FEE SCHEDULE); ADOPTING THE 2007-08 REVISED SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES: PROVIDING FOR THE ANNUAL REVIEW OF SAID FEE SCHEDULE; AND SETTING AN EFFECTIVE DATE). Mayor Figley stated that the intent of the Council action at the last meeting was to adopt a new fee schedule with the exception of development fees and those fees would remain the same pending further review by the Council. Staff noticed that the language in Council Bill No. 2704, if signed by the Mayor, would repeal all of the development fees rather than keeping the current fees in effect. City Attorney Shields stated that the City Charter states that the Mayor needs to sign a resolution or ordinance, and if it is not signed, the Mayor has a 5-day period to explain why it was not signed and then send it back to the Council. If this is done, then the Council Bill is returned for reconsideration by the Council. The memo from the Mayor explains the problem in Section I and provides language for an alternative Section 1 which would not repeal any planning fees. COX/NICHOLS.... amend Council Bill No. 2704 to substitute the new language submitted with the staff report in place of the previous language in the ordinance. On roll call vote, the motion to amend passed unanimously. On roll call vote for final passage, the bill passed, as amended, unanimously. Mayor Figley declared Council Bill No. 2704 duly passed. 0857 COUNCIL BILL N0.2706 -ORDINANCE CONCERNING THE CARE AND CONTROL OF ANIMALS: ESTABLISHING REGULATIONS AND PENALTIES; AND REPEALING ORDINANCE NO. 1638. Page 4 -Council Meeting Minutes, March 24, 2008 COUNCIL MEETING MINUTES MARCH 24, 2008 TAPE READING Councilor Sifuentez introduced Council Bill No. 2706. 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. 2706 duly passed. 0910 COUNCIL BILL N0.2707 -ORDINANCE AMENDING ORDINANCE 2057 (THE TRANSIENT OCCUPANCY TAX ORDINANCE) AND SETTING AN EFFECTIVE DATE. Councilor Sifuentez introduced Council Bill No. 2707. The two readings of the bill were read by title only since there were no objections by the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2707 duly passed. 0961 COUNCIL BILL N0.2708 -ORDINANCE AUTHORIZING PARTICIPATION OF THE CITY IN THE MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS (MWVCOGI AND DIRECTING THE MAYOR AND CITY RECORDER TO SIGN AN INTERGOVERNMENTAL AGREEMENT. Council Bill No. 2708 was introduced by Councilor Sifuentez. The two readings of the bill were read by title only since there were no objections from the Council. Mayor Figley stated that a number of years ago the City elected not to be a member of COG primarily because of fiscal issues. In the years since then, the City has worked with COG on various issues and has been approached to re-join since they have services that the City would like to be a part of where they can provide something in return. She stated that Ray Teasley from the Council Of Governments is available in the audience to answer any questions the Council may have. Councilor McCallum questioned if Woodburn is the only public entity in Marion County that is not a member of COG. Mr. Teasley stated that St. Paul is the only other City that is not a member this fiscal year but it can change from year to year. Councilor Lonergan stated that membership would make sense with their ability to receive, distribute, and administer grant funds that would only be available to the City if we were to be a member of COG. Councilor Cox stated that the decision to not be a member of COG was made before his tenure on the Council but feels that now is the time for the City to rejoin since membership will provide the City with more grant opportunities. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2708 duly passed. 1089 COUNCIL BILL N0.2709 -RESOLUTION REVISING GUIDELINES PROCEDURES AND PROCESS FOR OBTAINING CITY TOURISM AND ECONOMIC DEVELOPMENT GRANT FUNDS PURSUANT TO ORDINANCE Page 5 -Council Meeting Minutes, March 24, 2008 COUNCIL MEETING MINUTES MARCH 24, 2008 TAPE READING NO 2057 (THE TRANSIENT OCCUPANCY TAX ORDINANCE). Councilor Sifuentez introduced Council Bill No. 2709. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Cox stated that his understanding from the staff report is that this bill would authorize the signing of the agreement, however, he questioned when the agreement would be before the Council for consideration. City Attorney Shields stated that the Resolution would revise the guidelines but a motion would then follow passage of the resolution that would authorize the grant award to the Chamber as outlined in the staff report. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2709 duly passed. 1164 BJELLAND/NICHOLS.... authorize Interim City Administrator to execute an agreement for fiscal year 2008-2009 Tourism and Economic Development Grant Funds in an amount not to exceed $44,400 to the Woodburn Area Chamber of Commerce when all grant requirements are met. The motion passed unanimously. 1183 COUNCIL BILL N0.2710 -RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT NUMBER 24,253 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT. Councilor Sifuentez introduced Council Bill No. 2710. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Bjelland stated that recent developments may potentially change some of the information contained in the staff report. Previously MWACT was asked to prepare a recommendation of projects to be potentially funded if the legislature approved additional funds for transportation infrastructure needs. At the last MWACT meeting, there was an original draft of those projects of which three projects were identified and two of those projects were Woodburn projects (I-5 interchange and Highway 214 improvement from Broughton Way to Park Avenue). He recently received an updated draft proposal which dropped the Highway 214 project, however, he will be bringing this proposal up at the next MWACT meeting. In his discussions with ODOT representatives, they had indicated that there was some political pressure to possibly shift that project. He felt that the City should move forward with this agreement and he will continue to advocate that this project be on the list of potential funding. This resolution will authorize an agreement with the State to move forward with an environmental assessment since it is a key component in showing that the project is ready to be funded in the event funds become available for construction. The environmental assessment will cost $750,000 of which the City will pay $200,000 and the balance will come from dedicated STIP funds. Councilor Cox stated that the environmental assessment is a very preliminary but necessary step before a project can be designed and constructed. He questioned if the money from the State is available even if the project does not get included on the priority Page 6 -Council Meeting Minutes, March 24, 2008 COUNCIL MEETING MINUTES MARCH 24, 2008 TAPE READING list for funding. Councilor Bjelland stated that the funds for the environmental assessment is included in the 2006-09 STIP funding in the amount of $550,000 but the bid for this assessment came in at a higher figure and the City is contributing towards the cost of the assessment. On roll call vote for final passage, the motion passed unanimously. Mayor Figley declared Council Bill No. 2710 duly passed. 1397 COUNCIL BILL N0.2711-RESOLUTION ENTERING INTO IMMEDIATE OPPORTUNITY FUND AGREEMENT NUMBER 24,622 WITH THE STATE OF OREGON AND AUTHORIZING CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT. Councilor Sifuentez introduced Council Bill No. 2711. 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. 2711 duly passed. 1436 COUNCIL BILL N0.2712 -RESOLUTION MODIFYING RESOLUTION NO. 1863 TO ESTABLISH EMPLOYEE COMPENSATION FOR AQUATICS COORDINATOR INCLUDING SALARY AND BENEFITS. Council Bill No. 2712 was introduced by Councilor Sifuentez. 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. 2712 duly passed. 1463 INTERGOVERNMENTAL AGREEMENT FOR CDBG ADMINISTRATION SERVICES WITH THE MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS. Staff recommended entering into an intergovernmental agreement with COG to administer Community Development Block Grant (CDBG) funds received for improvements on Front Street between Harrison Street and Cleveland Street. BJELLAND/NICHOLS... authorize Interim City Administrator to execute the attached intergovernmental agreement for CDBG grant administration services with the Mid- Willamette Valley Council of Governments. The motion passed unanimously. 1479 AGREEMENT FOR PROPERTY RENTAL AT WASTEWATER TREATMENT PLANT. Staff recommended acceptance of the agreement which would allow the Foundation to farm approximately 20 acres of land not currently used by the wastewater facility for treatment purposes. Page 7 -Council Meeting Minutes, March 24, 2008 COUNCIL MEETING MINUTES MARCH 24, 2008 TAPE READING COX/ MCCALLUM.... authorize the Interim City Administrator to enter into an agreement with the Oregon John Deere Museum Foundation to rent property at the Wastewater Treatment Plant to conduct a grain farming operation. The motion passed unanimously. 1498 APPOINTMENT OF INTERIM CITY ADMINISTRATOR. COX/LONERGAN... appoint Police Chief Scott Russell as Interim City Administrator for an undetermined period and during his services as such his base pay be increased 10°Io. The motion passed unanimously. 1556 NEW BUSINESS: COUNCIL BILL N0.2713 -ORDINANCE AMENDING ORDINANCE ORDINANCE 2431 (THE WEST LINCOLN STREET FINAL ASSESSMENT ORDINANCE) TO ADD A CORRECTED ASSESSMENT ROLL. Mayor Figley stated that this bill will correct some clerical errors in the amount of the assessment allocated to each property. The property owners were informed of the correct amount as part of the proposed assessment process earlier this year but the amounts that were listed on the ordinance adopted at the last meeting were incorrect. Councilor Sifuentez introduced Council Bill No. 2713. 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. 2713 duly passed with the emergency clause. 1631 COUNCIL BILL NO. 2714 -RESOLUTION AUTHORIZING THE DEPARTMENT OF COMMUNITY SERVICES TO APPLY FOR LOCAL GOVERNMENT GRANTS FROM THE OREGON PARKS AND RECREATION DEPARTMENT FOR THE FINAL PHASE OF DEVELOPMENT AT CENTENNIAL PARK. Mayor Figley stated that this bill will authorize the Community Services Director to apply for a grant through the Oregon Parks and Recreation Department to complete projects at Centennial Park which include the fourth ball field, install sports field lighting and construct a concessions building, outdoor basketball court, and picnic shelter. Council Bill No. 2714 was introduced by Councilor Sifuentez. 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. 2714 duly passed. 1675 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's Approval of Case EXCP 2008-021ocated at 987 Lawson Avenue: Approval given for a Type II Exception to Street Right-of-way and improvements relating to construction of a 260 square foot drive-through espresso Page 8 -Council Meeting Minutes, March 24, 2008 COUNCIL MEETING MINUTES MARCH 24, 2008 TAPE READING stand (Design Review 2007-11). B) Planning Commission's approval of Design Review 2007-12, Variance 2007-07, and Exception 2007-08 located at 845 E. Lincoln Street: Approval given fora 15-unit multiple-family development, a variance from WDO 2.104.06 B and Table 2.1.5 which limits density in RM zone to 16 dwelling units per acre, and an exception to street right- of-way and improvements on East Lincoln Street. C) Planning Commission's approval of Design Review 2007-131ocated at 1755 Mt. Hood Avenue: Approval of Type III Design Review with conditions for the construction of a new fast food and drive-through restaurant to be located in the parking lot of the new Mid-Valley Plaza Mall. D) Community Development Director's approval of Zoning Adjustment 2008-02 located at 1275 Cooley Road: Approval given for a Type II zoning adjustment to allow a proposed single family dwelling to encroach into the rear yard setback. Mayor Figley stated that she has been advised that the applicant of property to be developed at 845 E. Lincoln Street has chosen to appeal and, in order to allow the Council to treat this process as a new hearing rather than limiting it to the issues raised on appeal, she recommended that the Council make a motion to hold a de novo hearing. COX/MCCALLUM... Design Review 2007-13 be brought up before the Council at a de novo hearing. The motion passed unanimously. 1736 CITY ADMINISTRATOR'S REPORT. Police Chief Russell stated that he will do his best to serve the Mayor, Council, and citizens during his interim appointment as City Administrator. He informed the Council that the Department Heads will be meeting tomorrow to discuss the Additional Funds requests to obtain staff consensus on a list of recommended allocation of funds that are in excess of baseline budgets for fiscal year 2008-09. The Budget Committee will be provided with the recommendation at their upcoming budget workshop. 1766 MAYOR AND COUNCIL REPORTS. Councilor Lonergan stated that moving to the Council agendas being on laptop computers is an excellent example of recycling and he appreciated the move since, in this case alone, the City did not have to print over 150 pages of paper for each agenda packet. Councilor McCallum congratulated Interim City Administrator Russell on his appointment and felt that this first meeting went very well. Councilor Sifuentez requested that the Council Bill numbers be listed on the bill itself for ease of finding the document in the agenda packet. Councilor Cox questioned Interim City Administrator Russell as to which location within the City offices he will be located at during his appointment period. Interim Administrator Russell stated that he will have office hours at both City Hall and Page 9 -Council Meeting Minutes, March 24, 2008 COUNCIL MEETING MINUTES MARCH 24, 2008 TAPE READING the Police Department but the Police Department will always be able to find him whenever he is needed. Mayor Figley stated that she, along with Councilor Bjelland and Asst. City Administrator Stevens, interviewed the three firms that did submit requests that met the City's standards. All of the firms are highly respected and long established firms that submitted nearly identical proposals, therefore, Asst. City Administrator Stevens will be checking references with afollow-up meeting on Wednesday, March 26"', to develop a recommendation for Council consideration. A special Council meeting will be called for Monday, March 31, 2008 to authorize hiring of a recruitment firm. It was the consensus of the Council to meet at 6:30 p.m.. 1909 AD.TOURNMENT. NICHOLS/LONERGAN... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:05 pm. APPROVE): ATTEST ~~ Mary Ten t, Recorder City of Woodburn, Oregon Page 10 -Council Meeting Minutes, March 24, 2008