11-14-2011 AgendaCITY OF WOODBURN
CITY COUNCIL AGENDA
NOVEMBER 14, 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
A. City Hall will be closed on November 24th and 25th for the
Thanksgiving Holiday. The Aquatic Center and Library will be
closed on November 24th but will be open normal business
hours the rest of the holiday weekend.
Appointments
B. Brent Glogau- Recreation and Parks Board
4. COMMUNITY /GOVERNMENT ORGANIZATIONS
A. Chamber of Commerce
B. Woodburn School District
5. PROCLAMATIONS /PRESENTATIONS
Proclamations
A. Honoring Leonard Black and the Lavelle Black Trust Fund
Presentations
B. Donation to Woodburn Police Canine Unit
C. Murals
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for
Council consideration not already scheduled on the agenda.
1
2
"Habra interhretes 6ishonibles I)ara aqudfas personas que no �abfan Ing(es, I)revio acmr6o. CoMlAnji ese
a[ (5 9 80- 2 4 8 5...
November 14, 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 October 24, 2011 3
Recommended Action Approve the minutes.
B. Woodburn Library Board minutes of October 12, 2011
Recommended Action: Accept the minutes.
C. Liquor License Full On- Premises Sales Greater Privilege
Recommended Action: Recommend to the OLCC approval of
a Greater Privilege application for a Full On- Premises Sales liquor
license for 7 Seas Restaurant and Bar.
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.
5
11
A. Council Bill No. 2881- A Resolution Establishing the Lavelle 10
Black Trust Fund and Approving Appropriations for the Fund
for Fiscal Year 2011 -2012
Recommended Action: Approve the attached resolution
authorizing the City Administrator to establish the Lavelle Black
Trust Fund to provide funding for the ongoing K9 program.
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
November 14, 2011 Council Agenda Page ii
15. EXECUTIVE SESSION
To review and evaluate, pursuant to standards, criteria and policy
directives adopted by the governing body, the employment - related
performance of the chief executive officer of any public body, a public
officer, employee or staff member unless the person whose performance
is being reviewed and evaluated requests an open hearing pursuant to
ORS 192.660 (2) (i).
16. ADJOURNMENT
November 14, 2011 Council Agenda Page iii
WOODBURN
November 9, 2011
TO: City Council
FROM: Kathy Figley, Mayor
SUBJECT: Park Board Appointment
The following appointment is made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, November 14, 2011. No reply is required if you approve of my decision.
PARK BOARD COMMITTEE
New appointment
o Brent Glogau
1
PROCLAMATION HONORING LEONARD BLACK
AND THE LAVELLE BLACK TRUST FUND
Whereas, the City of Woodburn has enjoyed the service of
various canine officers and their unique ability to both protect and
enhance the efforts of their human handlers over the years, and
Whereas, the City currently has a canine unit whose dogs,
training and equipment have been funded by one -time donations
and whose continued existence depends on the generosity of local
donors; and
Whereas, Leonard Black has made a remarkable and generous
donation of $50 to establish The Lavelle Black Trust Fund,
which will provide an endowment for supporting this valuable
program well into the future,
Now Therefore, I, Kathy Figley, Mayor of the City of
Woodburn, thank Leonard Black for his generosity on behalf of the
citizens, staff and elected body of the City of Woodburn, and call
upon our community to recognize his contribution and thank him
for his support.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the seal of the City of Woodburn to be affixed this 14t day of
November 2011.
Kathryn Figley, Mayor
City of Woodburn
2
COUNCIL MEETING MINUTES
OCTOBER 24, 2011
0:00 DATE COUNCIL CHAMBERS, CITY HALL, CIT Y OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, OCTOBER 24, 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, Public Works
Director Brown, Police Captain Garrett, Police Captain Alexander, Finance Director
Palacios, Recorder Shearer.
0:00 ANNOUNCEMENTS
City Hall and the Library will be closed Friday, November 11, 2011 in observance of
Veterans Day. The Aquatic Center will be open during normal business hours.
0:01 COMMUNITY /GOVERNMENT REPORTS
A. Woodburn Area Chamber of Commerce — City Administrator Derickson reported on the
Chamber Auction.
B. Woodburn School District — David Bautista, Superintendent, provided an update on the
work of the Instructional Space Task Force.
0:10 PRESENTATIONS
A. 2009/10 Audit — Finance Director Palacios provided an overview of the Fiscal Year
2009/10 Financial Audit. An unqualified opinion was received.
0:24 CONSENT AGENDA
A. Approve Woodburn City Council minutes of October 10, 2011,
B. Approve Woodburn City Council Executive Session minutes of October 10, 2011,
C. Accept the Fiscal Year 2009/10 Audit Report,
D. Accept Woodburn Recreation and Park Board minutes of October 11, 2011, and
E. Accept the Crime Statistics report for September 2011.
Pugh/McCallum.... adopt the consent agenda as presented. The motion passed
unanimously.
Page 1 - Council Meeting Minutes, October 24, 2011
I
COUNCIL MEETING MINUTES
OCTOBER 24, 2011
0 :25 COUNCIL BILL NO. 2878 — AN ORDINANCE RELATING TO
REAPPORTIONMENT OF WARD BOUNDARIES, REPEALING ORDINANCE
2304, AND DECLARING AN EMERGENCY
Councilor McCallum introduced Council Bill 2878. Recorder Shearer read the two
readings of the bill by title only since there were no objections from the Council. Mayor
Figley declared Council Bill No. 2878 duly passed.
0:27 COUNCIL BILL NO. 2879 — A RESOLUTION AUTHORIZING THE ISSUANCE OF
WATER SYSTEM REVENUE AND REFUNDING BONDS AND A MASTER
WATER SYSTEM BOND DECLARATION
Councilor McCallum introduced Council Bill 2879. Recorder Shearer read the bill by title
only since there were no objections from the Council. Councilor Cox stated that he had
raised a lot of questions when this issue first came up and he is satisfied that all of his
questions have been answered and is fully supportive of the action. On roll call vote for
final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2879
duly passed.
0:29 COUNCIL BILL NO. 2880 — A RESOLUTION AUTHORIZING THE ISSUANCE OF
WASTEWATER REVENUE AND REFUNDING BONDS AND A MASTER
WASTEWATER SYSTEM BOND DECLARATION
Councilor McCallum introduced Council Bill 2880. Recorder Shearer read 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. 2880 duly passed.
0:30 CITY ADMINISTRATOR'S REPORT
• City Administrator will be issuing his monthly update soon.
0:30 MAYOR AND COUNCIL REPORTS
• Councilor McCallum commended staff and Council for approving the Reapportionment
without political controversy and for the passage of the bond resolutions which will save
a considerable amount of ratepayer money.
0:31 ADJOURNMENT
McCallum/Lonergan... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 7:30 p.m.
KATHRYN FIGLEY, MAYOR
ATTEST
Christina M. Shearer, Recorder
City of Woodburn, Oregon
Page 2 - Council Meeting Minutes, October 24, 2011
W
LJ
w ooduurn
PUBLIC LIBRARY
City of Woodburn
Public Library Board Minutes
October 12, 2011 • 7:00 p.m.
aODBURN
1xr. +�po�n�e.f re6Y
1. CALL TO ORDER
The meeting and was called to order at 7:00 p.m.
2. ROLL CALL
Position I
J.D. Mitchoff (12/13)
Present
Position II
Kristen Matthews (12/13)
Absent
Position III
Nancy Kirksey, President (12/13)
Present
Position IV
Neal Hawes, Vice - President (12/11)
Present
Position V
Willis Grafe (12/13)
Present
Position VI
Phyllis McKean (12/12)
Present
Position VII
vacant
(Student Member)
3. MINUTES —July 13, 2011
Neal Hawes /J.D. Mitchoff - Motion to accept the minutes as written and seconded. The
motion passed unanimously.
4. BUSINESS FROM THE PUBLIC
None.
5. OLD BUSINESS
Review of Summer Sunday Hours — John Hunter
John reviewed the history of the decision to stay open on Sunday throughout the entire
summer. He stated that this was the first time that the Library has been open on Sundays
during the summer and the numbers show that people seem to like it. Of the monthly
attendance totals, Sunday contributed 6.5% in June, 7.1% in July and 4.6% in August.
The summer Sunday statistics revealed 2,821 patrons which showed Sunday to be busier
than Saturday. John attributed this in part to Woodburn being 59% Latino where Sunday
is considered family day.
The Board felt it was a successful trial and confirmed that the Library should stay open
on Sundays year -round as long as there was no additional financial impact to the city
budget.
Page 1 of 3
I
6. BOARD REPORT
Friends of the Library Report — John Hunter
The Friends of the Library book shop continues to earn steady revenue. John shared that
the city Finance department has changed the money handling procedures in regards to the
money taken in from the book shop. All sales are now rung into the cash register,
deposited into the city account, then monthly, a check will be issued to the Friends of the
Library. This new system allows us to keep daily revenue records and run monthly
reports. With the many book donations, Judy Spence keeps the book store fully stocked,
ready to sell, and it continues to be successful. John and the Board praised Judy for all
the work she puts into the book shop.
7. NEW BUSINESS
Highlights from the State Library Report — John Hunter
John shared that last year's statistics showed 18,723 registered borrowers which is a
significant increase from last year. The Library's service population extends well beyond
the city boundaries to the surrounding rural areas. So technically, in this wide area we
serve approximately 35,000 patrons. Revenue recovery is a big focus within the city, and
John submitted several ways that the library is bringing in revenue: $78,000 from CCRLS
for patrons who use the basic rural area cards; $21,500 fines and fees; $2,852 from the
State Ready to Read Grant, which is a huge portion of the support of the Library's
Summer Reading Program. John reported that the Library added 6,082 new items last
year, including: 3,928 books; 688 DVDs; 1,138 magazine issues. Together, these items
cost $77,870. The Library also offers access to 15,900 audio books and 12,588 eBooks
through CCRLS' membership in the Oregon Digital Library Consortium, or Library2Go.
Patrons are bringing into the Library their Kindles and other e -book readers, asking for
help using Library2go. The Library was open 2,897 hours and had 193,088 patrons in the
door; it circulated a total of 165,037 books, magazines and DVDs; hence fewer people
came through the door, but checked out more items. Librarians answered 19,252 general
information questions and conducted 7,545 reference interviews. Adult and Youth
services staff offered 322 programs, including Music in the Park, in which 14,742 people
participated.
8. MANAGER REPORTS
Coffee Shop — John Hunter
Jim Row, Community Services Director; Steve Krieg, City Building Official; Dan
Brown, Public Works Director and John met and concluded that the existing staff lounge
in the Carnegie building was the best area for a future coffee shop. Some of the concerns
that were raised included: health codes that may require modifications to the HVAC
system, a possible need to upgrade the electrical system, and accessibility issues related
to the exits. John shared that, in the next couple weeks, Dan Brown will bring in a
consultant to do feasibility study and report. The concept will then most likely be
presented to the City Council asking for authorization to proceed.
Discussion took place on the various ways the coffee shop could be configured to save
money.
Page 2 of 3
I
July - September 2011 Statistics
Quarterly report showed that circulation was up 3.3 %, whereas other libraries in CCRLS
showed a decrease. John asked if the Board had noticed the new courier truck that
delivers books to Polk, Yamhill and Marion counties. He explained that Woodburn is
considered a net loaner and, for every book loaned, the library receives $1.50 in
compensation from CCRLS. Woodburn remains the top loaner in the cooperative, which
reinforces the fact that the collection is up -to -date and popular. Computer use statistics
showed a decline of 6% in July, an increase of 1% in August, and a decrease of 2% in
September. The general downward trend in computer use that was caused by a
reconfiguration of the computers to favor longer sessions and the use of patrons' own
equipment seems to have ended, and indeed there are now times where folks have to wait
to use the computers. John stated that the IS department will soon install PC reservation
and print management software on the computers in the Youth Services area.
John shared that the Library is now offering one -on -one computer training, in Spanish or
English, on Monday, Tuesday or Wednesday nights. Patrons can schedule a time to get
computer training that is targeted to their specific needs. John also shared that through
CCRLS, the library is now able to offer such online services as: Ancestry.com, Chilton
Auto Repair and Power Speak language- learning software.
9. FUTURE BOARD BUISNESS
Next scheduled meeting is January 11, 2012
10. ADJOURNMENT
JD Mitchoff/Neal Hawes — Motion to adjourn meeting and seconded at 7:40pm.
Paulette Zastoupil, Recording Secretary
Date
Page 3 of 3
7
WOODBURN
November 14, 201 1
TO: Honorable Mayor and City Council through City Administrator
THRU: Scott Russell, Chief of Police
FROM: Jason R. Alexander, Captain
SUBJECT: Liquor License Full On- Premises Sales Greater Privilege
RECOMMENDATION
The Woodburn City Council recommend to the OLCC approval of a Greater
Privilege application for a Full On- Premises Sales liquor license for 7 Seas
Restaurant and Bar.
BACKGROUND
Applicant: Sotero Encisco Chavez
1505 James St.
Woodburn, OR 97071
951 -575 -6122 (HM)
503-982-3838(WK)
Business: 7 Seas Restaurant and Bar
595 N. Pacific Hwy #B
Woodburn, OR 97071
503 - 982 -3838
Owners: Same as Applicant (Above)
Agenda Item Review: City Administrator _x City Attorney _x
Finance
W
Honorable Mayor and City Council
November 14, 201 1
Page 2
License Type: Full On- Premises Sales - Permits beer, wine, cider, hard alcohol
sales for on- premise consumption only.
On October 17, 2011, the Woodburn Police Department received an
application, requesting approval for a Greater Privilege for 7 Seas Restaurant
and Bar located at 595 N. Pacific Hwy #B Woodburn, Oregon. This location is
currently the 7 Seas Restaurant and Bar and currently holds a Limited On-
Premises Sales liquor license through the Oregon Liquor Control Commission.
The business will be open Thursday through Friday, 11:00am to 2:30am and
Saturday and Sunday 8:OOam to 2:30am (minors excluded after 7:OOpm). There
will be hot food service while the business is open and alcohol will be served
during this time. There will be recorded music and DJ music, karaoke, video
lottery games, and pool tables. The Police Department has received no
communication from the public or surrounding businesses in support of or
against the new outlet.
DISCUSSION
The Police Department has completed a background investigation, in
connection with the OLCC, on the applicant and found nothing of a
questionable nature, which would preclude the issuance of this license. OLCC
will be adding one additional requirement, which will only allow minors in the
business until 7:OOpm.
FINANCIAL IMPACT
None
I
'�, - QOODBURN
7, .
r AA
November 14, 201 1
TO: Honorable Mayor and Council, through City Administrator
FROM: Ignacio Palacios, Finance Director
SUBJECT: Establishment of the Lavelle Black Trust Fund
RECOMMENDATION:
Approve the attached resolution authorizing the City Administrator to establish
the Lavelle Black Trust Fund to provide funding for the ongoing K9 program.
BACKGROUND:
On October 7, 2011 the City was informed by Leonard Black, a private
individual, that he would donate $50,000 to the City for the K9 program in the
name of Lavelle Black. The purpose of the donation is to provide funding to
"cover the ongoing expenses of operating the police department K9 program."
Oregon budget law, ORS 294.480 provides that a supplemental budget is
required when a change to the adopted budget is necessary due to
"unforeseen circumstances ". Budget law provides for exceptions to the
requirements of a supplemental budget under ORS 294.326(3) when the
unforeseen circumstance is due to certain conditions including "specific
purpose grants and gifts." When those conditions occur, the City Council can
approve the appropriation of the funds and establish the required fund via a
resolution.
The donation to the City by the Black family is a designated gift and is subject to
the exception noted above.
DISCUSSION:
As required by budget law, upon acceptance of the donation the City will
establish a separate fund. For accounting purposes, it is designated as a "trust
fund" to ensure the proper use of the proceeds as designated by the donor.
The fund's name will be the Lavelle Black Trust Fund (Fund 695) and the purpose
of the fund is to establish a program to provide additional funding for the City of
Agenda Item Review: City Administrator —x— CityAttorney_x_ Finance—
x-
10
Honorable Mayor and City Council
November 14, 201 1
Page 2
Woodburn's Police K9 operation. The use of proceeds will be limited to ongoing
costs associated with the replacement, care, training, and equipping of K9 units.
The donation proceeds will be deposited within the City's interest bearing
account (Local Government Investment Pool). Any interest earnings from the
donation proceeds will be allocated and credited monthly to the Lavelle Black
Trust fund.
FINANCIAL IMPACT:
The establishment of a new fund in the City's current fund structure should have
no direct impact on current operations nor will the management of the ongoing
trust fund have a significant impact on Finance or Police staff.
For the 2011 -2012 Fiscal Year the Lavelle Black Trust Fund will appropriate
revenues in the amount of $50,000 and a nominal amount for interest earnings
for the remainder of the year. Additionally, $5,000 will be appropriated for
anticipated costs of materials and services for the new K9 unit's equipment and
training. The remaining balance will be held in contingency.
11
COUNCIL BILL NO. 2881
RESOLUTION NO. 2005
A RESOLUTION ESTABLISHING THE LAVELLE BLACK TRUST FUND AND APPROVING
APPROPRIATIONS FOR THE FUND FOR FISCAL YEAR 2011 -2012.
WHEREAS, the City desires to accept a donation from Leonard Black, a
private individual, to fund the City's Police K9 program, and
WHEREAS, the City is willing and able to comply with the requirements of
uses of the proceeds as designated by the donor, and
WHEREAS, the City will establish a trust fund to account for the proceeds
and uses of the donation, and
WHEREAS, ORS 294.480(1) (a) permits supplemental budgets when "an
occurrence of condition which had not been ascertained at the time of the
preparation of a budget for the current year or current budget period which
requires a change in financial planning ", and
WHEREAS, ORS 294.326(3) provides exceptions to supplemental budget
requirements when specific circumstances are met, including the receipt of
specific purpose grants and gifts that have been designated by the grantor or
donor, and
WHEREAS, the establishment of the Lavelle Black Trust Fund and
appropriations for the fund comply with ORS 294.326(3); NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That pursuant to the applicable ORS provisions cited above,
the City Council hereby authorizes the establishment of the Lavelle Black Trust
Fund and approves the appropriations for FY 2011 -2012 in amounts listed in
Exhibit A.
Approved as to Form:
City Attorney Date
APPROVED:
Kathryn Figley, Mayor
Page 1 - COUNCIL BILL NO. 2881
RESOLUTION NO. 2005
12
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 2 -COUNCIL BILL NO. 2881
RESOLUTION NO. 2005
13
Exhibit A
City of Woodburn
Lavelle Black Trust Fund
FY 2011 -2012
Category Original Supplemental Revised
Donations - (50,000) (50,000)
Miscellaneous - (125) (125)
Materials & Services - 5,000 5,000
Contingency - 45,125 45,125
14