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Minutes - 12/08/2008COUNCIL MEETING MINUTES DECEMBER 8, 2008 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 8, 2008. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0025 ROLL CALL. Mayor Figley Present Councilor Bjelland Absent Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Derickson, City Attorney Shields, Police Chief Russell, Public Works Director Brown, Interim Community Development Director Labossiere, Community Services Director Row, Finance Director Gillespie, Recorder Tennant 0072 PLAQUE PRESENTATIONS TO OUTGOING COUNCILORS. Mayor Figley stated that Councilor Bjelland, who was not present at the meeting since he was out of town, has represented the City very ably on the Council, within State of Oregon and, to soiree extent, nationally. He served as Councilor from 1972 to 1976 and then from 1998 to 2008. He was Chair of MWACT (Mid-Willamette Area Commission on Transportation) and advocated State transportation projects for the City. He was also a nationally known expert on demographic trends from which he was able to show statistically how Woodburn was ahead of other municipalities in growth related issues. Mayor Figley presented a plaque to Councilor Nichols who also served as Councilor from 1974 to 1984 then from 2000-2008. She stated that he has been a dedicated public servant for many years and is a dedicated member of the community. She expressed her appreciation of his friendship, of his being a mentor, and in having the opportunity to serve with him over the years. Mayor Figley also presented a plaque to Councilor Sifuentez who has served as Councilor continually for 23 years. She stated that she was a friend of hers before either one of them were elected to office and she thanked her for her friendship in addition to her many years of service to the community. 0316 OATH OF OFFICE. City Recorder Tennant administered the Oath of Office to Mayor Figley, Councilor Pugh (Ward I), Councilor Schmidt (Ward II), and Councilor Berkey (Ward VI). Councilor Pugh introduced the following individuals who were in attendance at this Page 1 -Council Meeting Minutes, December 8, 2008 COUNCIL MEETING MINUTES DECEMBER 8, 2008 TAPE READING meeting: his wife, his grandson who is an officer in the Coast Guard, and former Councilor Don Hagenauer and his wife. Councilor Berkey thanked her family and friends who have been very supportive of her desire to run for office and she hoped that the they will continue to come and show their support on city issues. Councilor Schmidt introduced his wife and he thanked his constituents for their confidence by electing him into office. The new Councilors then took their seat at the Council bench. Mayor Figley thanked those individuals who have supported her during the recent election and for those who support the City. She also thanked State Representative Betty Komp for her attendance at this meeting. 0774 ELECTION OF COUNCIL PRESIDENT. Mayor Figley stated that, under Charter provisions, the Council President is elected by secret ballot, however, under State law, the ballot cannot be secret. Ballot forms were distributed to the Councilor for them to name a Councilor to serve as Council President. She also stated that City Attorney Shields had prepared a memo to the Council regarding the Mayor's ability to cast a ballot in the event of a tie vote. She then read the results of the ballots -Councilor McCallum 3 votes, Councilor Schmidt received 1 vote, and Councilor Pugh received 2 votes. It was then determined that 3 votes was not sufficient to meet the majority of the Council present, therefore, she called for the Councilors to cast another ballot. The results of that ballot were Councilor McCallum 3 votes and Councilor Pugh 3 votes. Mayor Figley then cast a ballot to break the tie vote and voted for Councilor McCallum. She declared Councilor McCallum as Council President. 1125 ANNOUNCEMENTS. A) City Council to consider cancelling the December 22, 2008 regular meeting due to the holiday schedule under General Business, Item D. B) Holiday Closures: In observance of the Christmas Holiday, City offices will be closed for business at 12:00 noon on December 24, 2008 and will reopen for regular business on December 26, 2008. The Aquatic Center will be closed on December 24 and 25, 2008. The Library will close on December 22, 2008 and reopen with regular business hours on January 4, 2009 for carpet replacement. In observance of the New Year, City offices will be closed on January 1, 2009. The Aquatic Center will be open on December 31, 2008 from 5:30 a.m. to 3:30 p.m. and closed on January 1, 2009. Page 2 -Council Meeting Minutes, December 8, 2008 COUNCIL MEETING MINUTES DECEMBER 8, 2008 TAPE READING 1205 APPOINTMENTS AND REAPPOINTMENTS. Mayor Figley made the following reappointments to City Boards, Planning Commission, and Budget Committee: Library Board: Position VI -Phyllis McKean -term expiration date of December 31, 2012 Recreation and Parks Board: Position VII -Charlene Williams -term expiration date of December 31, 2011 Planning Commission: Position 1 -Patti Grigorieff -term expiration date of December 31, 2012 Position 4 -Kevin Kenagy -term expiration date of December 31, 2012 Budget Committee: Position VI -John Reinhardt -term expiration date of December 31, 2011 COX/LONERGAN..... approve the appointments made by the Mayor. The motion passed unanimously. Mayor Figley stated that there are current openings on the Budget Committee and the Recreation and Park Board. She encouraged the Councilors to make recommendations and/or encourage people they know to submit an application for one of these vacant positions. She encouraged any member of the community to apply for one of these positions or any other board, commission, or committee position that they would be interested in. Applications are available in the City Administrator's office during regular business hours. 1363 PRESENTATION: WALMART GRANTFOR BIG READ LIBRARY PROGRAM. Anna Stavinhoa, Library Manager, introduced Scott Gavin, Manager of the local Wal- Mart store, who will be presenting a grant to the City for the Big Read Library program. She stated that Wal-Mart has been very supportive of Library programs in the past and staff is very appreciative of Wal-Mart's support for Library programs. Scott Gavin stated that Wal-Mart is committed to the community by getting involved in youth programs and education and Libraries are an integral part in helping youth to grow. Their organization has given over $500,000 this year to these types of programs and he presented the City with check for $10,000 for the Big Read program. Mayor Figley expressed her appreciation to Wal-Mart for their generous donation to the City for this Library program. For the record, Library Manager Stavinhoa clarified that the Library will be closed beginning December 22, 2008 and will re-open on January 5, 2009 to replace carpet in the building. She stated that the Library was honored to be one of two cities in Oregon to receive the Big Read grant this year from the National Endowment of the Arts. She briefly reviewed the Big Read program which involves one book to be read by members of the community at the same time who then meet periodically in events and/or discussions around segments of the book. She thanked the organizations and members of the public who have donated in cash and services over $20,000 for this project which Page 3 -Council Meeting Minutes, December 8, 2008 COUNCIL MEETING MINUTES DECEMBER 8, 2008 TAPE READING is about what it costs for books and program administration. As a result of the success of this program, the Library has started up their own book discussion program. 1845 CHAMBER OF COMMERCE REPORT. Don Judson, Executive Director, thanked the retiring Councilors for the work they have done over the years for the community and he congratulated the newly elected Councilors. Upcoming Chamber events are as follows: 1) Chamber Forum will be held on December 10`h, 12:00 noon, at Cascade Park and it will be their annual Christmas celebration. The January 2009 Chamber Forum will include the State of the City Address by the Mayor and with the meeting time tentatively scheduled for 11:30 a.m.. 2) Greeters Program will be held on December 12`h at Wireless Toys located at the corner of Highway 99E and Highway 214, and the Greeter's program on December 19`h will be held at West Coast Bank which will be their Christmas celebration. He stated that the Chamber has elected their new Board members and their Board officers will continue to serve for the next two years. Additionally, they have adopted their budget and, by the end of 2009, the Chamber will be out of debt. The Chamber is also working with Travel Salem (formerly known as SODA) to do a mid- year review of the Chamber's tourism project and for planning for next year. He anticipates being able to provide a report to the Council in January 2009. 2034 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Supertintendent, stated that Nellie Muir Elementary School has been nominated for national recognition as the Title I School of the Year. The State of Oregon can select two schools within the State for this award and Nellie Muir is one of those two schools. During this time of struggle relating to economic issues, he stated that students within the district are participating with the A.W.A.R.E. Food Bank and the Love Santa project to ensure that families have food and kids have toys during the holiday season. He expressed his appreciation of the students and staff for their efforts to support these programs. He announced that the School District has two Budget Committee openings and he invited interested community members to contact the School District office for information on submitting an application for this multi-year commitment to serve on the Committee. Lastly, he reminded the public that the High School students are performing the play "Mouse Trap" on December 12 and 13, 2008, 7:00 p.m., at the High School Lectorium. 2249 Jim Hendryx introduced himself to the Council as the City's new Community Development Director. He stated that he will start his position with the City on December 15, 2008 and he looks forward to serving the community. Page 4 -Council Meeting Minutes, December 8, 2008 COUNCIL MEETING MINUTES DECEMBER 8, 2008 TAPE READING 2300 CONSENT AGENDA. A) approve the regular and executive session City Council minutes of November 24, 2008; B) approve the Planning Commission minutes of October 23, 2008; C) approve the Park and Recreation Board minutes of November 18, 2008; D) receive the Building Activity report for November 2008; E) receive the Planning Project Tracking Sheet report dated December 3, 2008; and F) accept the certified election results from the November 4, 2008 General Election. MCCALLUM /LONERGAN ... adopt the Consent Agenda as presented. Councilor Schmidt requested information on the funding for the gazebo. Community Services Director Row stated that the gazebo project has been discussed since the Downtown Plaza was originally opened in the spring of 2005. At the time, a fund raising drive had commenced and the City has raised approximately $21,000 towards that project with the largest donor being the Woodburn Rotary Club. The City has also contributed $35,000 from the Parks System Development Fund bring the total to a little over $50,000 for the gazebo which has recently been purchased and delivery is expected by December 19`". The installation date is scheduled for Saturday, February 7, 2009, and staff is coordinating a community installation project supported in part by the Woodburn Rotary. The motion passed unanimously. 2541 PUBLIC HEARING: VACATION OF A PERMANENT EASEMENT LOCATED AT 1274 FIFTH STREET. Mayor Figley declared the public hearing open at 7:43 p.m. Public Works Director Brown stated that Neuvo Amanecer had approached the City to vacate a portion of the permanent easement since a portion of their Building No. 9 had been constructed on a portion of that easement. He noted for the record that Council Resolution No. 1915 was adopted on November 10, 2008 rather than October 10, 2008 as listed in the staff report. He stated that staff has not received any adverse comments from the public as of this date on the proposed vacation, therefore, staff recommends the approval of the vacation of the portion of the easement as shown in Exhibit 1 in the agenda packet. City Administrator Derickson questioned the length of the easement that is proposed in the area that is outlined in the map. Public Works Director Brown stated that he did not have the distance readily available and would need to refer to the actual legal description. He also mentioned that the City will be retaining the easement shown on the Exhibit since there is a 42" stormwater line that is currently in that easement. Staff has contacted all other public utilities who have reported that they no utilities in that area and staff is proposing only to remove the permanent easement that is impacting the building . Additionally, this easement will Page 5 -Council Meeting Minutes, December 8, 2008 COUNCIL MEETING MINUTES DECEMBER 8, 2008 TAPE READING have no impact on the widening of Highway 214. Councilor Schmidt questioned the distance of the original easement since there must have been a reason for the easement at the time the project was approved by the City. Director Brown stated that he assumed that the original easement was for a storm water line and for some reason when the site was developed, no adjustment was made to the easement. When this project was developed, there were several easements that were vacated and he felt that it most likely was an administrative error that this one easement was not corrected. No one in the audience spoke either for or against the proposed vacation of a portion of the permanent easement. Mayor Figley declared the public hearing closed at 7:49 p.m.. Councilor Cox stated that this seems to be just a formality to clean up a title on a piece of property and the City has an easement on property that they will not need for public purpose. COX/LONERGAN.... authorize staff to prepare an ordinance to vacate that portion of the easement. The motion passed unanimously. 3069 COUNCIL BILL NO. 2757 -RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS DURING FISCAL YEAR 2008-09. Councilor Cox introduced Council Bill No. 2757. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Lonergan questioned what was the intended purpose in replacing the generator. City Administrator stated that the intent was to replace the outdated generator that provides power to City Hall. This generator has not been as reliable as staff would like and replacement with a more reliable generator will allow for City Hall to continue functioning in the event of an emergency or disaster. The generator currently in place is adequate and, although it is not as dependable as staff would like it to be, staff is willing to forego this purchase in order to minimize reductions in the current General Fund budget. Councilor Cox requested clarification on the power issue in that the power level of the current generator is not big enough to supply power to City Hall for both the lights and the computer systems. Finance Director Gillespie stated that the current generator can keep all of the servers up but cannot light the building at the same time. Administrator Derickson stated that in the event of an emergency, only the critical areas of the emergency operations would require electrical usage. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2757 duly passed. Page 6 -Council Meeting Minutes, December 8, 2008 COUNCIL MEETING MINUTES DECEMBER 8, 2008 TAPE READING 3328 LIQUOR LICENSE CHANGE OF OWNERSHIP• LIMITED ON-PREMISES SALES, 435 N. Pacific Highway A Change of Ownership liquor license application was submitted by Woodburn Bowl LLC for a Limited On-Premises Sales license. COX/MCCALLUM.... recommend to OLCC approval of the Change of Ownership application for Woodburn Bowl LLC. Councilor Cox mentioned that the City Council makes a recommendation to OLCC but OLCC is free to disregard the City's recommendation which they have done on a few occasions in the past. Councilor Schmidt stated that he may have a possible conflict based on a name listed on the application and he is not sure if the person is related to the individual he knows or not but will still vote on the issue. The motion passed unanimously. 3435 LIQUOR LICENSE CHANGE OF OWNERSHIP• FULL ON-PREMISES SALES, 1575 Mt. Hood Avenue, Suite 130. A Change of Ownership liquor license application was submitted by Wendy's Happy Garden Buffet, Inc., for a Full On-Premises Sales license. LONERGAN/MCCALLUM..... recommend to OLCC approval of the Change of Ownership application for Wendy's Happy Garden Buffet, Inc.. The motion passed unanimously. 3470 CANCELLATION OF THE DECEMBER 22, 2008 COUNCIL MEETING MCCALLUM/LONERGAN.... cancel the December 22, 2008 meeting of the City Council. The motion passed unanimously. 3500 CITY ADMINISTRATOR'S REPORT. A) Administrator Derickson stated that he had received a letter from Marion County advocating to the Oregon Transportation Commission that the I-5 Interchange project be placed in consideration for federal allocation as part of next year's federal highway funding. He stated that it was his understanding that this federal allocation is not part of the possible economic stimulus transportation package being considered by the new administration. He mentioned that his prioritization of transportation projects are those being of economic return for the investment of infrastructure dollars as opposed to shovel ready projects that may not return an investment to the community and requested that the Council let him know if they do not agree with the approach he is taking in prioritizing projects. B) He also stated that he and his wife had a good time at the Christmas Tree Lighting program last night and he acknowledged those City departments that participated in that program. Page 7 -Council Meeting Minutes, December 8, 2008 COUNCIL MEETING MINUTES DECEMBER 8, 2008 TAPE READING 3648 MAYOR AND COUNCIL REPORTS. Councilor Pugh stated that the interchange project has been discussed for a long period of time and that he cannot accept what he has seen so far but knows that the staff and Council will work hard to change that picture. Councilor Lonergan agreed that the City's participation in last night's event was well done. Additionally, he has received comments from constituents regarding street sweeping in that the private firm is doing a good job sweeping the streets going north and south but some of the streets going east and west have been missed. For example, Garfield Street has not been swept for two or three weeks. Another issue brought up involved trains continuing to blow their whistles as they travel through town during the late night /early morning hours. He questioned if it was possible to enter into an agreement with the railroad to not blow the whistle as much during a certain time period. Administrator Derickson stated that he will have the Public Works Director look into the street sweeping issue and he will check into the whistle issue to see if an agreement could be reached with the railroad. Councilor McCallum stated that the City had previously researched some federally mandated quiet zones but it was going to cost the City some money to implement a quiet zone especially at the Hardcastle Avenue crossing. Administrator Derickson stated that staff will do what they can to minimize the sound without compromising the level of safety required. Councilor McCallum informed the public that the Relay for Life kickoff event is scheduled for January 6, 2009. In the past, the Council and staff have been a sponsor for this annual event and he hoped that they will continue to be a sponsor in this year's event. Lastly, Councilor McCallum also mentioned that the I-5 interchange area continues to have trash deposited on the property and individuals soliciting for money and it does not behoove the City to have this area as a gateway into our community. There are a number of restrictions on the City as to what can be done since the interchange is an ODOT problem but they give it to the City to take care of even though the City cannot do anything unless ODOT allows it since they are the property owner. He suggested that the City do an educational article to remind the community of the City's inability to do much on this issue. Administrator Derickson stated that he had recently learned that pan handling is a protected form of constitutional free speech. He stated that ODOT should be maintaining the area, however, ODOT will say that they do not have the resources to maintain the property. Currently, the City does pick up some trash at the interchange but they do need to be careful that they do not pick up personal property. Councilor Berkey questioned where the Relay for Life kickoff event will be held. Councilor McCallum stated that the event will be held at Wellspring and Councilors will be receiving an invitation to the event. Councilor Cox thanked the Relay for Life organizers for having the kickoff event early this year. He also questioned City Administrator Derickson on his views regarding the Page 8 -Council Meeting Minutes, December 8, 2008 COUNCIL MEETING MINUTES DECEMBER 8, 2008 TAPE READING definition of projects that would be eligible for federal economic relief program if it is passed by the new administration. Administrator Derickson stated that he had attended a meeting last week which included ODOT staff and representatives from Senator Wyden's office. He expressed his opinion that projects to be considered should be ones that would provide a longer term return when additional investment and development would occur around improvements such as the I-5 interchange project. He believes that the criteria at both the state and federal levels should take that into consideration rather than just approving projects that are shovel-ready. However, it will take advocacy on behalf of the State and City representatives going to the officials and working with delegates in the hopes of obtaining those type of considerations and maybe even some direct earmark based on the logic that there are two tiers of projects to be considered. He stated that some shovel ready projects will return economic investment and they should be prioritized and called out specifically for funding. Councilor Cox stated that he would rely on Administrator Derickson to coordinate what he believes would be a good strategy to accomplish what he has described and he is willing to help in any way he can to advocate funding for the interchange. Administrator Derickson stated that communities across the nation are lining up to advocate for their projects and the City's goal is to insure that our project is at the table in order to obtain the construction financing and commitment to proceed on the project. The Council may want to consider a joint workshop with ODOT to talk about issues of concern such as the Park n Ride, interchange, trash, and solicitation. However, ODOT will most likely say that the shovel readiness criteria is most likely where the economic stimulus funds will go at the state level even though he feels that ODOT should be advocating for longer term economic projects. Councilor Cox stated that there are potentially three different pots of money with one being the Economic Stimulus package, another being the proposed administration's general appropriation for transportation, and the third being earmarked federal funds for the City's interchange project. However, under the new Congress, he felt that earmarked funds will not be in favor at the federal level. He reiterated that the City needs to keep on top of all of the financial possibilities and do whatever possible to obtain funding for the interchange even if it involves City staff to advocate at both the state and federal level. Councilor McCallum stated that the City has had many promises made regarding the interchange improvement only to have it continually delayed by the State. Administrator Derickson stated that he has spoken with ODOT representatives and shared with them the importance of improving the interchange and how it would have state-wide impact given the economic opportunity that exists in this region which does not exist elsewhere in the State. Mayor Figley stated that the Marion County Commission has written a letter of support for having the I-5 interchange project in the Appropriations' bill for the next time period Page 9 -Council Meeting Minutes, December 8, 2008 COUNCIL MEETING MINUTES DECEMBER 8, 2008 TAPE READING and the City will also put something together tomorrow to make sure that it is on the Oregon Transportation Commission's agenda on Wednesday. Mayor Figley stated that a Woodburn Police Officer was recently injured when hit by a motor vehicle. She reminded the public to drive carefully and be patient even though traffic congestion can be frustrating. She wished everyone an enjoyable holiday season. 5336 ADJOURNMENT. MCCALLUM/COX ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:17 p.m.. ~--- I ATTEST ~~-r Mary Tennant, Recorder City of Woodburn, Oregon Page 10 -Council Meeting Minutes, December 8, 2008