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03-28-2011 AgendaCITY OF WOODBURN CITY COUNCIL AGENDA MARCH 28, 2011 - 7:00 P.M. KATHRYN FIGLEY, MAYOR DICK PUGH, COUNCILOR WARD I J. MEL SCHMIDT, COUNCILOR WARD II PETER MCCALLUM, COUNCILOR WARD III JAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V ERIC MORRIS, COUNCILOR WARD V CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements None. Appointments None. 4. COMMUNITY /GOVERNMENT ORGANIZATIONS A. Chamber of Commerce B. Woodburn School District 5. PROCLAMATIONS /PRESENTATIONS Proclamations None. Presentations A. Mill Street Update 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. "Habra interhretes aisponibles Mara aipdfas personas que no Wblan Ingles, I)revio acuerao. CommitlRese Of (5 98o- 2485. March 28, 2011 Council Agenda Page i 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of March 14, 2011 1 Recommended Action Approve the minutes. B. Woodburn Park and Recreation Workshop minutes of March 8, 3 2011 Recommended Action Accept the minutes. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. 11. GENERAL BUSINESS - Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill No. 2861 - A Resolution Authorizing the Inclusion 6 of the City Hall Security and Emergency Power Improvement Project in Fy 2011 -2012 Capital Improvement Program Recommended Action: Adopt the Resolution. B. 1040 Wilson Street 11 Recommended Action: Authorize the Police Chief and City Attorney to take reasonably necessary actions under the law to address the conditions existing at 1040 Wilson Street, Woodburn, Oregon, including the filing of a complaint in a court of competent jurisdiction. 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. None. 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS March 28, 2011 Council Agenda Page ii 15. ADJOURNMENT March 28, 2011 Council Agenda Page iii COUNCIL MEETING MINUTES MARCH 14, 2011 0:00 DATE COUNCIL CHAMBERS, CITY HALL, CIT Y OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 14, 2011. CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Morris Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Police Chief Russell, Public Works Director Brown, Economic & Community Development Director Hendryx, Finance Director Palacios, City Recorder Shearer. 0:02 COMMUNITY /GOVERNMENT REPORTS A. City Administrator Derickson reported on the Woodburn Chamber of Commerce's efforts to organize the 2011 Fiesta. B. Woodburn School District — David Bautista, Superintendent of the Woodburn School District provided an update on School District events and achievements. Woodburn Academy of Arts & Sciences and Valor Middle School received awards from the Oregon Department of Education. 0:04 PRESENTATIONS A. Chief Russell provided a report on the Community Networking Meeting. B. Mayor's Essay Contest Winners — the Mayor recognized the Winner and Runner up of the Mayor's Essay Contest. There were over 80 essays submitted and the Mayor was pleased with the quality of the entries. 0:13 CONSENT AGENDA A. Approve the Woodburn City Council minutes of February 28, 2011, and B. accept the Crime Statistics report for February 2011. Lonergan /Cox... adopt the Consent Agenda. The motion passed unanimously. 0:14 COUNCIL BILL NO. 2859 — A RESOLUTION FORMALLY INITIATING CONSIDERATION OF LEGISLATIVE AMENDMENTS TO THE WOODBURN DEVELOPMENT ORDINANCE McCallum introduced Council Bill 2859. Recorder Shearer read the bill by title only since there were no objections from the Council. Economic & Community Development Director Hendryx explained the amendment process for the Woodburn Development Page 1 - Council Meeting Minutes, March 28, 2011 COUNCIL MEETING MINUTES MARCH 14, 2011 Ordinance (WDO) at the request of Councilor Cox. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2859 duly passed. 0:20 COUNCIL BILL NO. 2860 — A RESOLUTION ENDORSING THE 99E CORRIDOR PLAN VISION AND GUIDING PRINCIPLES McCallum introduced Council Bill 2860. Recorder Shearer read the bill by title only since there were no objections from the Council. Economic & Community Development Director Hendryx clarified how the Vision Statement was developed. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2860 duly passed. 0:27 CITY ADMINISTRATOR'S REPORT A. City Administrator Derickson requested that Council appoint Public Works Director Brown as Acting City Administrator for March 21 -25. McCallum /Pugh... appoint Public Works Director Brown as Acting City Administrator as requested. The motion passed unanimously. B. Administrator Derickson reported the draft budget it being finalized this week. 0:29 MAYOR AND COUNCIL REPORTS • Councilor Pugh expressed appreciation for the design of the new Walgreens, especially how it reflected the Welcome to Woodburn monument. • Mayor Figley reported on the City & Chamber winning an award from the Oregon Festivals & Events Association for the 2010 Woodburn Fiesta. • Mayor Figley also attended the Oregon Mayors Day at the Capitol. 0:33 ADJOURNMENT Pugh/McCallum... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:35 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Christina M. Shearer, Recorder City of Woodburn, Oregon Page 2 - Council Meeting Minutes, March 28, 2011 2 Park and Recreation Workshop Minutes March 8, 2011 5:30 — 8:45 p.m. Call to Order Jim Row began the meeting at 5:40 p.m. Present Board Chair Board Secretary Member Member Member Member Student member Rosetta Wangerin Present Joseph Nicoletti Present Zandi Cox Absent Bruce Thomas Present Cheryl Shepherd Absent Tony Waite Present Claudia Urias- Guerrero Present Staff present: Jim Row, Community Services Director; Stu Spence, Recreation Services Manager; Paulette Zastoupil, Clerk III, Scott Derickson, City Administrator INTRODUCTION Jim introduced our new Board members: Tony Waite, Position VII with term expiring in December 2014 and Claudia Urias- Guerrero. Student Position II, with term expiring December 2013. He went on to explain the importance of the having newly appointed Board members participation in the annual goal setting process, and that we waited to conduct this workshop until after both new members were appointed. Aquatic Center Turn -a -Round Project — Scott Derickson Scott Derickson, City Administrator thanked the Recreation and Park Board members for their volunteer service to the city. Jim asked Scott to report on the Aquatic Center Turn - a -Round Project. Scott explained that the national economic crisis began trickling down to the local level a couple of years ago. It became evident in Woodburn when a $980,000 budgetary shortfall developed in 2008 -2009. As a result, it became imperative for the City to tighten its belt and find more efficient ways of doing business. In the process, city departments re- organized and budget saving decisions were made. Board members asked questions and Scott explained that property taxes account for roughly 60% of general fund revenues, and also the way in which building and housing markets affect SDC revenues. The Aquatic Center's $680,000 annual budget is currently subsidized by 480,000 from the general fund. The remaining $200,000 in generated by user fees. With the poor economy and the housing market melt -down contributing to the budget shortfall, the City decided to take a pro- active approach toward helping to re -work the Aquatic Center so that it will better pay for itself. City administration felt that this was a necessary, but challenging step to take or they would end up closing the doors in a couple of years because the general fund would not be able to support it. He refreshed the Board on the hiring process of JP Moss, Swim Essentials as a consultant and then contracting his firm to facilitate the turnaround project. Discussion took place regarding plans for marketing, budgeted repairs, and the process in which changes were being made. Jim stated that most improvements would soon be visible and new programs were being added this spring and staff would be ready for a full and busy program by summer. Jim shared that Keenan, interim manager had put up a suggestion board so patrons could leave comments or suggestions, in which she then answers and posts both question and answer on the board for all to read. He stated that this system seems to be working well. Workshop Minutes Page 1 I Park and Recreation Workshop Minutes March 8, 2011 5:30 — 8:45 p.m. Jim then began the annual workshop and explained how we would focus on reviewing the Recreation and Parks Master Plan recommendations and action plans, discuss each goal and get feedback from Board members. He explained that the annual workshop is helpful in the budget process, setting department goals and priorities for the coming fiscal year. He gave copies of the Community Services Department's 2010 -2011 Work Plan, developed at the beginning of last fiscal year using the feedback from the last workshop, which outlines each division goals to accomplish during this fiscal year. REVIEW MASTER PLAN GOAL 1- 8 Goal 1: Maximize the Planning Effort This goal is being implemented through the current workshop, department work plan and Board meetings. Goal 2: Improve Marketing, Communications, and Credibility Jim reported that the Out and About activity guide publishing frequency has increased from three times per year to quarterly, and is also now translated into Spanish. All program flyers are translated, distributed through schools and Constant Contact email blasts. Jim gave praise to Robyn Stowers for her communication with downtown businesses and Spanish speaking patrons, and for providing information and promoting activities through the Spanish radio stations. A discussion took place regarding partnerships and how important they are for the department and city. Goal 3: Track Performance Measures This goal is to set service standards in programs, instructors, volunteers, facilities and staff. Jim explained that Public Works is responsible for park maintenance, and that they are currently developing maintenance benchmarks to assure an adequate level of service. Stu shared his program evaluation form was still used and refers back to them for the next planning year. Goal 4: Strategically Increase Programming and Partnerships Solid and successful partnerships have been formed with the Boys and Girls Club, who is running the teen program, youth sports associations to run baseball and soccer programs, the Chamber of Commerce (Fiesta Mexicana). Also, the Tuesday evening downtown market is operated by a volunteer in partnership with the Library's well attended Music in the Park summer series. Discussion took place on the Adopt -a -Park Program, facilitated through the city's park maintenance department, and how it has increased community interest to help maintain our city parks. The membership requested that a list of volunteer needs be compiled. They also requested that Matt Gwynn, Maintenance Manager, attend a future meeting to provide an update on the Adopt -A -Park program. Stu reported that he will be following a new trend of family activities this year which started with the Daddy, Daughter Dinner Dance activity last month. He plans to do family trips and activities throughout the summer. • Goal 5: Increase Cost Recovery and Funding Workshop Minutes Page 2 W Park and Recreation Workshop Minutes March 8, 2011 5:30 — 8:45 p.m. Discussion took place on the economy, depressed housing market and loss of Park SDC revenue. The Board stressed how important it was to update the SDC Methodology, even considering the political issues relating to the poor state of the economy and weak housing market. Jim explained that it would be possible to update the methodology now and phase in any fee increases over time. The benefit to this approach is that the methodology would be updated while the Parks & Recreation Master Plan's cost estimates were still current, while deferring fee increases until the housing market gains strength. The Board discussed their possible interest in communicating their desire to initiate this project to the City Council. Discussion changed to cost recovery strategies, utilizing sponsorships, and how the depressed economy has impacted businesses that have previously sponsored events such as the 4 of July. Stu hopes to have one business sponsor the Easter Egg Hunt this year. Stu stated that grants had been a successful funding source for his division with a Mentoring and Youth Leadership grants. Discussion took place on Woodburn Proud and possible future funding. • Goal 6: Create a Cohesive Operations and Maintenance System for Recreation and Parks Jim explained Public Works was beginning a benchmarking process. • Goal 7: Continue to Provide Equitable Level of Service in Existing Parks and Facilities throughout the Community (discussed along with Goal 8) Goal 8: Plan for Community Growth These two goals focus on making improvements to the infrastructure to meet the need of current and future growth. In discussing each recommended capital project for 2009 -2012, it was found that several projects were either completed or in progress. Discussion took place on needed improvements such as; repairs to the Aquatic Center, amenities at Legion Park, programming at the museum and plaza, and land acquisition for parks and future Greenway Trail development. There was a significant discussion about the Wyffels Park project and the Settlemier Park Boundary questions that are causing the funds to be held up. Board members expressed a desire to conduct a park tour in later spring. There was a discussion about inviting the Kiwanis Club to a future meeting to discuss their plans for Legion Park. Meeting adjourned at 8:40 p.m. Joseph Nicoletti, Board Secretary Paulette Zastoupil, Recording Secretary Date Workshop Minutes Page 3 Date I W OODBURN March 28, 2011 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: AUTHORIZE CITY HALL SECURITY AND EMERGENCY POWER RENOVATION PROJECT TO BE INCLUDED IN THE FY 2011 -2012 CAPITAL IMPROVEMENT PROGRAM RECOMMENDATION That the City Council, upon receipt of a staff briefing, by resolution authorize the City Hall Security and Emergency Power Renovation Project be placed in the Fiscal Year 2011-2012 Capital Improvement Program. BACKGROUND City Hall has been identified as being deficient in providing adequate security for elected officials, staff, and the general public. Recent local, state, and national events have demonstrated that public buildings need to provide adequate separation and control of administrative, legislative, and public space within the building to provide safety and security for all building users. Today's social reality with regard to threats generated by individuals or groups carrying out acts of violence against government representatives and public employees was not a design major design criteria when our City Hall was constructed. City Hall functions as a major financial transaction facility. With municipal court fines, utility billing, and permit fees, the number of transactions can be high. The number of cash payment transactions is higher than many other communities due to the demographics of Woodburn. The current level of security provided for these financial transactions is inadequate. City Hall is the hub of our municipal telecommunications network and the current building configuration fails to provide an adequate level of security for this function and the availability of emergency power is inadequate. The existing emergency generator has exceeded its reliable service life and is under- sized to provide the amount of emergency power for City Hall to function as a Agenda Item Review: City Administrator _x_ City Attorney _x Finance _x_ I Honorable Mayor and City Council March 28, 2011 Page 2 community resource in the event of an emergency or disaster should commercial electrical power not be available. DISCUSSION Staff has worked with DECA Architecture Inc. to develop a scope of work needed to enhance City Hall security. Representatives from DECA will be presenting to Council a presentation on the scope of the project. The key features of the project include: • Install card reader system in 43 doors • Install bullet resistant glass in transaction window • Install bullet resistant materials in Council /Court bench • Install new doors to Council Chamber • Relocate Community Liaison office with enhanced security • Install security measures for basement area • Install panic hardware for exit doors • Improve building circulation for the public with signage and enhanced access to key service areas • Replace and upgrade emergency generator • Upgrade electrical transfer control and distribution panels • Replace carpeting and ceiling the in Finance and Court office areas The estimated cost of the proposed security and electrical service upgrades for City Hall is approximately $470,000. The current General Fund Capital Improvement Program has insufficient funds available to complete the proposed improvement project. Funds will need to be obtained by incurring debt in order to complete this project. Due to the objective improving the safety of elected and court officials, staff, and the public, it is not feasible to mitigate the existing building deficiencies in a segmented or partial manner. The scope of project is the minimum needed to provide a higher level security and improve the functionality of City Hall. Authorization to include the proposed City Hall Security and Emergency Power Improvement in the Fiscal Year 2011 -2012 Capital Improvement Program is requested. In addition, Council authorizes the City Administrator to include the proposed project as part of the Fiscal Year 2011-2012 Proposed Budget. Council final project approval would be provided with the adoption of the Fiscal Year 2011 -2012 budget. Should Council approve the project in the FY2011 -2012 budget, construction would begin in August 2011. 7 Honorable Mayor and City Council March 28, 2011 Page 3 FINANCIAL IMPACT The City Hall Security and Emergency Power Improvements will be financed by issuance of some form of debt. Staff is currently reviewing different alternatives for funding the project (it should be noted that the debt would be repaid from General Fund revenues). Those alternatives range in differing terms, rates and amount of annual payment. Terms range from five (5) to twenty (20) years with interest rates ranging from 3.5% and could be as high as 6.0 %. Based on those assumptions the payment could range from a maximum of $131,000 per year for a five year period to a minimum of $41,800 per year for a 20 year period. That funding source and repayment amount would be provided as part of the Fiscal Year 2011 -2012 Proposed Budget. I COUNCIL BILL NO. 2861 RESOLUTION BILL NO. 1992 A RESOLUTION AUTHORIZING THE INCLUSION OF THE CITY HALL SECURITY AND EMERGENCY POWER IMPROVEMENT PROJECT IN FY 2011 -2012 CAPITAL IMPROVEMENT PROGRAM WHEREAS, City of Woodburn staff has identified the purpose and need to improve building security and emergency power for City Hall; and WHEREAS, the improvement of building security and emergency power in City Hall is needed to provide an enhance level of safety for the public, legislative and judicial officials, and staff, and WHEREAS, the existing building does not meet current design criteria for buildings providing the municipal services that take place in City Hall with regard to legislative, judicial, and administrative functions serving the community of Woodburn; and WHEREAS, delay in accomplishing improvements to mitigate the current security and emergency power deficiencies of City Hall possesses a real and serious threat to public safety and emergency preparedness; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. City of Woodburn staff is directed to proceed with the inclusion of the City Hall Security and Emergency Power Improvement Project in the FY 2011-2012 Capital Improvement Program. Section 2. City Council authorizes the City Administrator to include the City Hall Security and Emergency Power Improvement Project as part of the Fiscal Year 2011-2012 Proposed Budget. Section 3. City Council authorizes the City Administrator to seek adequate funding for the City Hall Security and Emergency Power Improvement Project as part of the project inclusion in the Fiscal Year 2011-2012 Proposed Budget. Page 1 - Council Bill No. 2861 Resolution No. 1992 I Section 4. City Council will provide final approval of the City Hall Security and Emergency Power Improvement Project with approval of the Fiscal Year 2011-2012 Proposed Budget by the budget committee and final adoption by City Council. Approved as to Form: City Attorney Date APPROVED: Kathy Figley, Mayor Passed by Council Submitted to the Mayor Approved by the Mayor Filed with the Office of the Recorder ATTEST: Christina Shearer, Recorder Page 1 - Council Bill No. 2861 Resolution No. 1992 10 W OODBURN March 28, 2011 TO: Honorable Mayor and City Council FROM: Scott Russell, Police Chief N. Robert Shields, City Attorney SUBJECT: 1040 Wilson Street RECOMMENDATION Authorize the Police Chief and City Attorney to take reasonably necessary actions under the law to address the conditions existing at 1040 Wilson Street, Woodburn, Oregon, including the filing of a complaint in a court of competent jurisdiction. BACKGROUND Since 2007, Code Enforcement has had repeated contact with the owner /occupants of 1040 Wilson Street on various code violations. This has resulted in numerous citations and defaults for failure to appear in municipal court. Several other code violations have been investigated in recent months. In addition an ongoing pattern of calls for police services and ongoing criminal issues have arisen at the location in the last 10 -12 months. On March 15, 2011, the Woodburn Police Department's Tactical Services Unit, assisted by Marion County Sherriff's Office S.W.A.T and the South Metro Gang Task Force, served a search warrant at 1040 Wilson St. for evidence related to the unlawful possession and delivery of methamphetamine, as well as possession of stolen property. The search warrant was result of a 3 month long investigation into illegal drug sales as well as reported stolen property in residence. Investigators seized evidence of unlawful possession and delivery of meth, and a sawed -off shotgun. Sixteen individuals were arrested and lodged at the Marion County Jail as a result of this operation. DISCUSSION Upon service of the search warrant officers found the residence at 1040 Wilson Street had been without power and water for about six weeks and the conditions encountered upon entry appeared to violate city ordinances. Agenda Item Review: City Administrator _x City Attorney _x Finance _x 11 Honorable Mayor and City Council March 28, 2011 Page 2 While there are certain constitutional limitations on the actions the City may take involving private property, the City has a legitimate role in providing for the public health and safety. Previous efforts to bring the owner /occupant into compliance with city ordinances have not met with success in either cooperative compliance or municipal court resolution. Police action has addressed the ongoing criminal activity at this time and these cases are now in the hands of the Marion County District Attorney's Office for prosecution. However, the potential public safety, health, and code violations remain. The Police Department is currently in the process of documenting evidence of public safety, health, and code violations observed on scene and the City Attorney's office is assessing the City's legal options. We are requesting authorization by the City Council so that we can proceed ahead with most prudent and effective processes available to resolve this matter. We will keep the City Council informed as to its status. FINANCIAL IMPACT Unknown at this time. 12