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Minutes - 10/13/2008COUNCIL MEETING MINUTES OCTOBER 13, 2008 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 13, 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 Absent Councilor Lonergan Absent Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: Interim City Administrator Russell, City Attorney Shields, Asst. City Administrator Stevens, Public Works Director Brown, Interim Community Development Director Labossiere, Police Captain Tennant, Recorder Tennant For the record, Mayor Figley stated that Councilor Lonergan had another meeting to attend involving his daytime job and Councilor Cox is on vacation. 0052 ANNOUNCEMENTS. A) Welcome Reception for Scott Derickson will be held on Wednesday, October 15, 2008, from 4:00 pm unti17:00 pm in the City Hall Council Chambers. She encouraged members of the public who would like to meet him to attend the reception and welcome him to our community. She stated that Mr. Derickson will begin his employment with the City on Tuesday, October 14`'' 0091 PRESENTATION TO INTERIM CITY ADMINISTRATOR RUSSELL. Mayor Figley thanked Scott Russell for his months of dual service to the City in both the Interim City Administrator and Police Chief positions. She presented him with a certificate of appreciation for his dedicated service and a job well-done during his appointment period of March 2008 to October 2008. Interim Administrator Russell expressed his appreciation to the Mayor and Council for their support over the last several months. 0250 CHAMBER OF COMMERCE REPORT. Deb Yager, Chamber President, stated that the first installment of the Leadership program began last month in Salem where the participants faced, and successfully completed, individual and team challenges. The next installment will be on Thursday, October 16`'' Page 1 -Council Meeting Minutes, October 13, 2008 COUNCIL MEETING MINUTES OCTOBER 13, 2008 TAPE READING and will cover the topic of "Woodburn Now and Then" whereby information and speakers will share information and coverage to gain a deeper knowledge of the Woodburn community, its culture, and its heritage. On Tuesday, October 14"', 9:00 am, an economic development committee meeting will be held and, later that day at 4:00 p.m., a Latino networking group will meet at the Chemeketa building to discuss their economic concerns. 0380 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, School Superintendent, stated that the student enrollment has increased by 370 since 2006 with total enrollment now at 5,250 students. The district continues to gain new students into the district and it continues to present challenges at the various schools. The School Board decided not to put a bond measure on the November ballot and even though the need is still there, they will wait until the economy is better before a measure is submitted to the voters. In regards to annual school ratings, all of the Woodburn schools were rated satisfactory and two were rated strong (Lincoln Elementary and French Prairie Middle School). Lastly, he stated that he is working on a state committee relating to new graduation requirements for students that are currently in the 9`h grade. These students will face increased demands on classes that they must take but they will also have to pass an assessment for essential skills. The State Board of Education determined that, in addition to the credits earned, students have to show competencies in skills such as reading, writing, speaking, and math problem solving. There is a list of approximately ten skills but this year's 9`'' graders will only deal with four skills Discussions are now taking place to try and figure out how to make that system work since it is a fairly complicated system and it will get more complicated for students entering the system over the next several years. Councilor Bjelland questioned the annual enrollment increase rather than over a 2 year period. Superintendent Blomberg stated that the increase has been 3-4% annually and Woodburn continues to grow in student enrollment whereas about 60°Io of the school districts in Oregon have had a decrease in enrollment. Councilor McCallum complimented Superintendent Blomberg on his explanation of the State reports that were reported in the Woodburn Independent and felt that the Superintendent's position was excellent in that the district could do better but the current rating system needs improvement to bring it more in line with the federal No Child Left Behind Act and it is confusing in that educational requirements must be merged to try and meet at least the State's satisfactory school rating. Superintendent Blomberg stated that he understands that the public wants some picture of how schools are doing. However, district staff will continue to work towards a higher than satisfactory rating since they want to work on students succeeding in their education. Page 2 -Council Meeting Minutes, October 13, 2008 COUNCIL MEETING MINUTES OCTOBER 13, 2008 TAPE READING 0810 Brighton Youd, Aurora, stated that he was working on an Eagle Scout project and he had previously discussed with the Mayor a project that he felt was meaningful and would have a greater impact on the community. After seeing a Welcome Woodburn sign that was in need of repair on Highway 214 near I-5, he decided to work on the construction of a new sign that would provide an attractive entrance to the Woodburn community. He spoke with Brice Corporation (Woodburn Crossing) who has agreed to allow him to construct a sign on property they own on the corner of Evergreen Road and Highway 214. To date, he has been putting in a lot of time in designing the sign and gathering donations. He distributed a copy of the design for Council viewing and stated that the sign would be made out of stone. He also mentioned that he continues to collect donations for this sign. Mayor Figley expressed her thanks to Mr. Youd for his persistence in looking into this type of project and to Brice Corporation for allowing him to construct the sign on their property. 1060 CONSENT AGENDA. A) approve the regular and executive session City Council minutes of September 22, 2008; and B) accept the September 2008 Claims report; NICHOLS/MCCALLUM ... adopt the Consent Agenda as presented. The motion passed unanimously. 1090 TABLED BUSINESS: COUNCIL BILL N0.2735 -RESOLUTION APPROVING AN AD.TUSTED RATE SCHEDULE AND FUEL RECOVERY FEE SURCHARGE FOR UNITED DISPOSAL SERVICE, INC., SETTING AN EFFECTIVE DATE, AND REPEALING RESOLUTIONS NO. 1833 AND 1843. Mayor Figley stated that this item will remain on the table. 1125 COUNCIL BILL N0.2747 -ORDINANCE ANNEXING 0.48 ACRES OF PROPERTY INTO THE CITY OF WOODBURN LOCATED ON THE EAST SIDE OF PACIFIC HIGHWAY 99E AND NORTH OF STATE HIGHWAY 211 AT 2400 NORTH PACIFIC HIGHWAY, AND GRANTING A ZONE CHANGE FROM MARION COUNTY CR (COMMERCIAL RETAIL) ZONE TO CITY OF WOODBURN CG (COMMERCIAL GENERAL) ZONE. Council Bill No. 2747 was introduced by Councilor Sifuentez. 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. 2747 duly passed. Page 3 -Council Meeting Minutes, October 13, 2008 COUNCIL MEETING MINUTES OCTOBER 13, 2008 TAPE READING 1236 COUNCIL BILL N0.2748 - RESOLUTION DENYING A CLAIM FOR COMMON LAW VESTED RIGHTS FOR THE PROPERTY LOCAT AT 500-510 AND 514 NORTH PACIFIC HIGHWAY. Council Bill No. 2748 was introduced by Councilor Sifuentez. The bill was 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. 2748 duly passed. 1290 COUNCIL BILL N0.2749 -RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN OREGON PARTNERSHIP FOR DISASTER RESILIENCE MEMORANDUM OF UNDERSTANDING. Council Bill No. 2749 was introduced by Councilor Sifuentez. Recorder Tennant read the bill 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. 2749 duly passed. 1340 COUNCIL BILL N0.2750 -RESOLUTION ADOPTING AN INTERGOVERNMENTAL AGREEMENT FOR THE NORTH MARION COUNTY COMMUNICATIONS CENTER (NORCOM). Councilor Sifuentez introduced Council Bill No. 2750. Recorder Tennant read the bill 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. 2750 duly passed. 1395 POSITION CHANGE FROM AFSCME TO CONFIDENTIAL. Staff recommended the changing of an Administrative Assistant classification to a confidential position thereby allowing the employee to work in both the Community Development Department and Human Resources. BJELLAND /MCCALLUM ... authorize changing an AFSCME represented Administrative Assistant classification to a confidential classification as specifically described in the staff report. The motion passed unanimously. 1422 REIMBURSEMENT OF EXCESS TRAFFIC IMPACT FEE COLLECTED PER CLAIM BY POLEN DEVELOPMENT, LLC FOR HOLLYWOOD VIDEO STORE. Following a review of the original assessment versus an alternate methodology preformed by Group MacKenzie, Public Works Director Brown recommended that Polen Development LLC be reimbursed $39,458.28 from the Transportation System Development Charge fund. NICHOLS/BJELLAND .... authorize reimbursement to Polen Development LLC a sum Page 4 -Council Meeting Minutes, October 13, 2008 COUNCIL MEETING MINUTES OCTOBER 13, 2008 TAPE READING of $39,458.28 for over collection of traffic Impact Fees associated with the Hollywood Video store. Mayor Figley thanked Public Works Director Brown for his efforts in evaluating the original assessment and two other alternative methodologies to determine an amount that should be returned to the developer. The motion passed unanimously. 1510 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's approval of a Type II Design Review of SIGN 2008-05, located at 1475 Mt. Hood Avenue, tax lot 051W08B2800. The Type II Sign Design Review approved by Interim Director Labossiere allows for a five square foot addition to an existing pole sign on the Wellspring Medical Center property. No action was taken by Council to bring this land use action up for review. 1545 CITY ADMINISTRATOR'S REPORT. A) Interim Administrator Russell stated that he did enjoy his time as Interim Administrator and thanked staff for all their help during this interim period. B) He also stated that staff has received some questions regarding the City's financial status during the current economic situation, however, staff will not know much until next month's revenue projections are prepared. According to Finance Director Gillespie, tax collections (those that are being paid ahead of time) are above average and ahead of the City's projections. C) Public Works Director Brown stated that several weeks ago he had asked the Council to limit parking on Fifth Street near Highway 214 to 4 hours and the Council had requested that he go back and confirm with Nuevo Amanaceer the reasoning for that request. He stated that he had met with Maria Guerro of Nuevo Amanaceer and discovered that they are involved in an extensive capital improvement program in their housing development due to a water intrusion mold problem. Currently, the facility has about 50°Io occupancy during this construction project and a lot of the motor vehicle congestion is being created due to construction vehicles, contractor materials storage, and other related issues. She has specifically requested that the City not move forward on the parking limitation until July 2009 when they have completed their capital improvement project. 1725 MAYOR AND COUNCIL REPORTS. Councilor McCallum extended his appreciation to Scott Russell for a job well-done as Interim Administrator. Councilor Bjelland concurred with Councilor McCallum's comments and mentioned the difficultly in managing both the Police department and overall City operations. He also informed the Council that the MWACT meeting for October was cancelled due to a lack Page 5 -Council Meeting Minutes, October 13, 2008 COUNCIL MEETING MINUTES OCTOBER 13, 2008 TAPE READING of business. Councilor Sifuentez stated that the economic situation has been troublesome for many community members but assured them that there will be a recovery. She also thanked Interim Administrator Russell for his work over the last several months. Mayor Figley stated that she had been involved in the opening of the North Marion Senior Center and in the kickoff for the "Big Read" sponsored by the Library. She stated that she will be reading the book and participating in the discussions with other community members. 1888 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660(2)(d), ORS 192.660(2)(f), and ORS 192.660(2)(h). NICHOLS /MCCALLUM .... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:32 pm and reconvened at 8:00 pm. 1900 Mayor Figley stated that no action was taken by the Council during executive session. BJELLAND/NICHOLS.... authorize the City Administrator to execute a release of bond discharge agreement with Zurich North American and RB&G Construction LLC in final settlement of all claims related to the construction of the Woodburn Police Facility. The agreement must be in a form approved by the City Attorney and is contingent upon the Police Chief being provided an acceptable warranty on the metal roofing. The motion passed unanimously. 1966 AD.TOURNMENT. NICHOLS/BJELLAND ... meeting be ad The meeting adjourned at 8:03 p.m.. APPI ATTEST ~ 1 Mary Ten nt, Recorder City of Woodburn, Oregon Page 6 -Council Meeting Minutes, October 13, 2008 Executive Session COUNCIL MEETING MINUTES October 13, 2008 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 13, 2008. CONVENED. The Council met in executive session at 7:35 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Councilor Bjelland Present Councilor Cox Present Councilor Lonergan Absent Councilor McCallum Absent Councilor Nichols Present Councilor Sifuentez Present Staff Present: Interim City Administrator Russell, City Attorney Shields, City Recorder Tennant, Assistant City Administrator Stevens (7:47 pm - 7:58 pm) Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. The executive session was called pursuant the following statutory authority: (1) ORS 192.660(2)(h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed; (2) ORS 192.660(2)(f) to consider records that are exempt by law from public inspection; and (3) ORS 192.660(2)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations. ADJOURNMENT. The executive session adjourned at 7:58 p.m.. ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 -Executive Session, Council Meeting Minutes, October 13, 2008