January 25, 2016 Agenda
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ATHRYN IGLEYAYOR
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HARON CHAUBOUNCILOR ARD
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WOODBURNFIREDISTRICT–1776NEWBERGHWY
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
3.ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None.
Appointments:
None.
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
A.Woodburn Fire District –Fire Chief Paul Iverson
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
None.
6.COMMUNICATIONS
.
None
–
This allows the public to introduce items for Council
7.BUSINESS FROM THE PUBLIC
consideration not already scheduled on the agenda.
–Items listed on the consent agenda are considered routine
8.CONSENT AGENDA
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 December 14, 20151
Recommended Action: Approve the minutes.
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-
6318at least 24 hours prior to this meeting.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-2485.**
January 25, 2016Council Agenda Page i
B.Woodburn Recreation and Park Board minutes of December6
8, 2015
Recommended Action: Accept the minutes.
C.Woodburn Planning Commission minutes of December 10, 201511
Recommended Action: Accept the minutes.
D.Municipal Judge Appointment15
Recommended Action:That the City Council appoint Lori
Coukoulis to be the City’s Municipal Judge and approve the
enclosed employment agreement.
E.Crime Statistics through December 201520
Recommended Action: Receive the report.
F.Building Activity for December 201525
Recommended Action: Receive the report.
9.SWEARING-IN CEREMONY
10.TABLED BUSINESS
None.
11.PUBLIC HEARINGS
A.2015-16Supplemental BudgetRequest26
–Members of the public wishing to comment on items of general
12.GENERAL BUSINESS
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. 2994 -A Resolution Approving Transfers of FY 28
2015-16 Appropriations and Approving a Supplemental Budget
Recommended Action:Hold a public hearing and adopt the
attached resolution approving a supplemental budget for Fiscal
Year 2015-16for the funds and departments listed on Exhibit A.
B.Council Bill No. 2995 -An Ordinance Amending Ordinance 2508 31
to Continue the Imposition of a General Fund Right-of-Way
Charge on City Water and Sewer Utilities
Recommended Action:Adopt the attached Ordinance
2531.
January 25, 2016Council Agenda Page ii
–
These are
13.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
Planning Commission or Administrative Land Use actions that may be called up
by the City Council.
A.Planning Commission Approval of a Design Review and 35
Variance, DR 2015-02 and VAR 2015-01, located at 3001
Newberg Hwy
Recommended Action:No action is recommended. This
item is placed before the Council for informational purposes,
in compliance with the Woodburn Development Ordinance
Section 4.02.02. The Council may call up this item for review if
desired.
B.Planning Commission Approval of a Design Review, Variance 38
and Lot Consolidation, DR 2015-01, VAR 2015-02, PLA 2015-03
at 2895 Progress Way (Universal Forest Products)
Recommended Action:No action is recommended. This item
is placed before the Council for informational purposes, in
compliance with the Woodburn Development Ordinance,
Section 4.02.02. The Planning Commission approved the
requests as submitted, with conditions, on January 14, 2016. The
Council may call up this item for review if desired.
14.CITY ADMINISTRATOR’S REPORT
15.MAYOR AND COUNCIL REPORTS
16.ADJOURNMENT
January 25, 2016Council Agenda Page iii
COUNCIL MEETING MINUTES
DECEMBER 14, 2015
DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF
0:00
MARION, STATE OF OREGON,DECEMBER 14, 2015
CONVENED
The meeting convened at 7:00 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor FigleyPresent
Councilor CarneyPresent
Councilor LonerganPresent
Councilor SchaubPresent
Councilor Morris Present
Councilor EllsworthPresent
Councilor Alonso Leon Present
Mayor Figley acknowledged Marion County Commissioners Kevin Cameron, Janet
Carlson, and Sam Brentano and thanked them for traveling to Woodburn to conduct
the Joint Remand Hearing on the Woodburn UGB Expansion.
Staff Present:
City Administrator Derickson, City Attorney Shields,Assistant City
Administrator Row,Captain Alexander, Public Works Director Scott, Economic and
Development Director Hendryx, Human Resources Director Hereford, Finance Director
Head, Judge Zyryanoff, Recreation Services Manager Wierenga, Aquatics Supervisor
Udermann, Communications Coordinator Horton, City Recorder Pierson
Marion County Staff Present:
Chief Administrative Officer Lattimer, County Counsel
Norris, County Planner Reich, Board Session Coordinator Witherell
ANNOUNCEMENTS
0:02
Holiday Closures:
Christmas: City Hall will close at noon on December 24 and will reopen for
regular business hours on December 28. The Aquatic Center will be closed on
December 24 and 25.The Library will close at noon on December 24 and
reopen for regular business hours on December 26.
New Year: City Hall and the Library will be closed on January 1. The Aquatic
Center will be open 8 a.m. to 4 p.m. on January 1.
The City Council meeting scheduled for December 28 is cancelled. The next
City Council meeting will take place on January 11, 2016 at 7:00 p.m.
Page 1 - Council Meeting Minutes, December 14, 2015
1
COUNCIL MEETING MINUTES
DECEMBER 14, 2015
APPOINTMENTS
Mayor Figley proposed the following appointment and reappointments:
- Woodburn Planning Commission - Claudio Lima, Charles Piper, and Sharon Corning,
- Woodburn Public LibraryBoard - Neal Hawes and Logan Dean Grabill-Brown,
- Woodburn Budget Committee - Matthew Geiger and John Reinhardt.
Lonergan/Ellsworth
... approve the appointment and reappointments.
COMMUNITY/GOVERNMENT ORGANIZATIONS
0:04
Woodburn Chamber of Commerce and Tourism – City Administrator Derickson noted that
the City and Chamber have been talking about a partnership with the newly established
Economic Development Department. Holli Thomas, Executive Director of the Woodburn
Chamber of Commerce and Tourism, provided information to the Council on the Chambers
new partnership with the City and that she will be bringing a proposal to Council at the
beginning of the year.
CONSENT AGENDA
0:11
A. Woodburn City Council minutes of November 9, 2015,
B. Recreation and Park Board minutes of November 10, 2015,
C. Appointment of Chief of Police,
D.New Outlet Off-Premises Sales for Center Market #29,
E. Crime Statistics through October 2015,
F. Building Activity for October 2015,
G.Building Activity for November 2015
Schaub/Ellsworth
... adopt the Consent Agenda. The motion passed unanimously.
SWEARING-IN CEREMONY
0:12
Jim Ferraris was sworn in as the Chief of Police by Judge Zyryanoff. Chief Ferraris thanked
those in attendance and stated that he has two priorities that will always stay with him as
Chief of Police. The first being that he will take the foundation that Chief Russell has left
him and work with the men and women of the police department to make the Woodburn
Police Department the jewel of excellence of the Pacific Northwest. The second priority is
that members of the Woodburn Police Department will work hand in hand with the folks in
the community of Woodburn.
RECOGNITION OF JUDGE ZYRYANOFF
0:22
Mayor Figley announced that Judge Zyryanoff is retiring and thanked the Judge for her
service to the City. Judge Zyryanoff stated the she has enjoyed being a part of the community
and serving the citizens of Woodburn.
15 MINUTE RECESS
Mayor Figley called for a 15 minute recess.
Page 2 - Council Meeting Minutes, December 14, 2015
2
COUNCIL MEETING MINUTES
DECEMBER 14, 2015
PUBLIC HEARINGSA JOINT REMAND HEARING ON THE WOODBURN UGB
-
0:26
EXPANSION
Mayor Figley announced that anyone wishing to speak on this matter must fill out a speaker
card.Mayor Figley opened the public hearing for the City at 7:46 p.m. for the purpose of
hearing public input on the Woodburn UGB Expansion. Chair Carlson opened the public
hearing for the Marion County Board of Commissioners at 7:46 p.m. for the purpose of
hearing public input on the Woodburn UGB Expansion. Mayor Figley announced that this is
a legislative hearing and new testimony will not be taken. Economic Development Director
Hendryx asked the City Recorder if any documents were received in regards to this hearing.
City Recorder Piersonanswered that a letter from Gregory L. Specht of Specht Development
dated December 10, 2015 addressed to Mayor Kathy Figley was received and that the Mayor,
City Council, and County Board members have been provided a copy of this document. She
added that there is an electronic DVD containing the entire existing record on remand which
has also been available on the City’s website. Economic Development Director Hendryx
provided a staff report. Brandon Reich with Marion County public works provided astaff
report. Mayor Figley asked if anyone would like to speak in support of the Woodburn UGB
Expansion. Mary Kyle McCurdy, staff attorney for 1000 Friends of Oregon expressed
appreciation to all involved for coming together with the petitioners and working out this
mediation. She thanked the staff of the City and County and looks forward to working
together in the future. Mayor Figley asked if anyone wished to speak in opposition of the
proposal. No members of the public wished to speak in opposition. Mayor Figleydeclared
the hearing closed at 8:14 p.m. Commissioner Cameron moved to close the hearing for
Marion County. Commissioner Brentano seconded. The motion passed unanimously. Chair
Carlson declared the hearing closed at 8:14 p.m. Councilor Lonergan stated that he is in favor
of this and thanked staff and prior councilors for their work on this. Mayor Figley stated that
this is about our future as a viable community and we are doing the right things for the right
reasons. Councilor Carney stated that he is gratified of the testimony of Mary Kyle McCurdy
and her professionalism in negotiations. Councilor Alonso Leon stated that she appreciates
the perseverance of our City and thanked City Attorney Shields for working so hard on this.
Councilor Morris stated that staff has put a lot of work into something that is going to be a
major asset to the City. Commissioner Brentano stated that he is in support of this. Chair
Carlson stated that she appreciates the work that everyone did to get to this place and pleased
that Woodburn believes this will work for the City.
COUNCIL BILL NO. 2992 - AN ORDINANCE RESPONDING TO A LCDC
1:02
REMAND ORDER BY ADOPTING AN URBAN GROWTH BOUNDARY;
AMENDING THE WOODBURN COMPREHENSIVE PLAN AND URBAN
GROWTH COORDINATION AGREEMENT TO DESIGNATE AN URBAN
RESERVE AREA AND CREATE TWO 20-YEAR UGB EXPANSION
LIMITATIONS; MAKING LEGISLATIVE FINDINGS TO EXPLAIN THE CITY
COUNCIL'S ACTION ON REMAND; AND DECLARING AN
EMERGENCYLonergan
introduced Council Bill No. 2992. Recorder Pierson read the two
readings of the bill by title only since there were no objections from the Council. On roll call
Page 3 - Council Meeting Minutes, December 14, 2015
3
COUNCIL MEETING MINUTES
DECEMBER 14, 2015
vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No.
2992 duly passed.
MARION COUNTY ORDINANCE CONSIDERATION
1:04
Commissioner Brentano moved that the Chair read the Ordinance by title only twice.
Commissioner Cameron Seconded. The motion passed unanimously. Chair Carlson read the
ordinance by title only twice. Commissioner Cameron moved to adopt the ordinance by
emergency procedure. Commissioner Brentano seconded. The motion passed unanimously.
MARION COUNTY AGREEMENT CONSIDERATION
1:06
Commissioner Brentano moved to acceptthe staff recommendation that we approve and sign
the agreement as provided. Commissioner Cameron seconded. The motion passed
unanimously.
MARION COUNTY BOARD OF COMMISSIONERS ADJOURNMENT
1:07
Chair Carlson adjourned the meeting of the Marion County Board of Commissioners at 8:26
p.m.
COUNCIL BILL NO. 2993 - A RESOLUTION TO COMPLY WITH HB 2174 (2015)
1:09
AFTER RECEIPT OF THE FY 2014-2015 AUDIT REPORT
Lonergan
introduced Council Bill No. 2993. City Recorder Pierson 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. 2993 duly passed.
AQUATIC CENTER USE AGREEMENT
1:10
Lonergan/Morris
…authorize the City Administrator to enter into an Aquatic Center Use
Agreement with Mid-Valley Aquatics.The motion passed unanimously.
MUTUAL AGREEMENT AND ORDER AMENDMENT BETWEEN THE CITY OF
1:11
WOODBURN AND THE OREGON DEPARTMENT OF ENVIRONMENTAL
QUALITY
Lonergan/Alonso Leon
…authorize the City Administrator to sign Amendment No. 1 to the
Mutual Agreement and Order between the City of Woodburn and the Oregon Department of
Page 4 - Council Meeting Minutes, December 14, 2015
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COUNCIL MEETING MINUTES
DECEMBER 14, 2015
Environmental Quality. The motion passed unanimously.
PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
1:12
Planning Commission Approval of a Design Review and Property Line Adjustment, DR
2015-03 and PLA 2015-02, Located at 2100 Progress Way and 1395 Mt. Hood Avenue.
Council declined to call this item up for review.
CITY ADMINISTRATOR’S REPORT
The City Administrator had nothing to report.
MAYOR AND COUNCIL REPORTS
1:12
Mayor Figley wished everyone a joyous holiday season and a great New Year.
Councilor Morris wished everyone a Merry Christmas and happy New Year.
Councilor Schaub stated that she is impressed with the staff that the City of Woodburn has
and wished everyone a Merry Christmas and she looks forward to a great 2016.
Councilor Ellsworth stated that we are in a really exciting time for Woodburn and thanks staff
and citizens for their support. She also wished all a wonderful holiday season.
Councilor Lonerganseconded what has already been said.
Councilor Carney stated that he echoes the remarks of his colleagues and added that he is
proud to be part of this team.
Councilor Alonso Leon wished everyone a Merry Christmas and happy New Year.
ADJOURNMENT
1:16
Morris/Ellsworth
...meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:35 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 5 - Council Meeting Minutes, December 14, 2015
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CityofWoodburn
CityofWoodburn
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
December 8, 20155:30p.m.
CALL TO ORDER
1.
ROLL CALL
2.
Position I Ricardo Rodrigues, Member (12/18) Absent
Position II Vacant, Student Member (12/15) Vacant
Position III Joseph Nicoletti, Board Secretary (12/17) Present
Position IV Rosetta Wangerin, Board Chair (12/17) Present
Position V Chris Lassen, Member (12/17) Present
Position VI Ardis Knauf, Member (12/16) Present
Position VII David Piper, Member (12/18) Present
Staff Kristin Wierenga, Recreation Services ManagerPresent
Staff Josh Udermann, Aquatic Program Supervisor Present
APPROVAL OF MINUTES
3.
Minutes from Recreation& Park Boardmeeting on November 10, 2015
unanimously approved. (Lassen, Nicoletti)
BUSINESS FROM THEAUDIENCE
4.
None
NEW BUSINESS
5.
SDC Process Update-
a.Wierenga shared that the CIP list has been
given to the consultant, who has requested some additional
information around assets and inventory. Consultant will determine
more concrete dollar figures for the CIP project list, which will help to
determine SDC fees. Discussion regarding Transient Occupancy Tax
and who regulates it and if any of those funds go towards things like
the CIP list. Wierenga will follow up with Park Board to gather
answers to their questions regarding the TOT and how those funds are
determined and used.
Museum Committee-
b.Committee has held their first meeting and
there is a lot of enthusiasm around starting a “friends of” group so that
they may begin fundraising to help complete some of the projects. The
committee will also be creating a project ranking list, to help drive
grant proposals and fundraising efforts. Once created that list will be
shared with the Park Board. Currently the committee has a full slate of
7 members.
OLDBUSINESS
6.
None
6
DIVISION REPORTS FROM DEPARTMENT
7.
AQUATICS
a.
Financial Update - October
Expenses – 14% or $4774 higher than 2014, still ~$7000 lower for
the FY
Revenues – 12.8% or $1,601 higher than 2014
Attendance – 2339 admissions, 205 lower than last year
Good attendance with 2 additional days being closed and
the spa being closed for a week
Discussion regarding potential CIP for improvements to the floors
of both locker rooms.
Program Update
Swim Lessons – USA Swimming approved our application to
become a local partner for the Make-A-Splash program
Group fitness numbers were lower again
We have hired a new yoga instructor with 5 new classes
Added two new water fitness classes
Marketing/Other
Pool Closure – maintenance projects, locker room painting, deck
joint caulking, family changing room floor epoxy, spa re-grout,
carpet cleaning
Spa Heater will be replaced soon
Wading pool pump went out and will be replaced soon
Ran a successful Groupon campaign to attract new members
Sold 25 new memberships, 12 family, 11 adult, 2 senior
Deal only available to new members – not active in past 18
months
Not great revenue but hoping to attract more long-time
members $3745 discounted to $1056
HVAC – DX Recovery Unit project is complete and in operation
RECREATION
b.
Youth Sports
Pee Wee basketball ended and taking youth registrations currently.
Developing a stronger relationship with the Blazers on a future
basketball academy.
Utilizing an affordable online coaching plans program from an
Oregon based company for coaches during the basketball season.
We are starting with just basketball first to see if this is a resource
that will be used by coaches. The plans are tailored to age and skill
level.
Question & discussion regarding parent feedback survey to gauge
parent’s thoughts on the coach and season. Because of the changes
in personnel at the Recreation Supervisor position surveying has
7
not happened the last couple years, but current Recreation
Supervisor Jessica Villanueva plans to implement the survey again,
as well as the “coach kudos” program.
Working on laying out a plan for 2016 sports. For new programs,
considering bringing back flag football but in the summer and
starting a youth cheer program in August to coincide with youth
football.
Adult Programs
Trip to the Grotto was very popular with over 25 attending.
Broadway Trip for Taffata Christmas this Saturday with 12
attending.
Events
Mayor’s Tree Lighting was wet and windy but still had roughly
75-100 turn out.
Next up is Daddy Daughter Dinner Dance in Feb.
Youth Advisory Board
Helping with various projects around the community.
Received many student applications and the Mayor is currently
reviewing them with a plan to appoint positions in January, along
with Rosetta’s vacant position.
The normal Park Board workshop that happens every year in
January will be moved to the February meeting so that the newly
appointed Park Board members are able to participate.
Adult Sports
Break from adult sports currently. Men’s league winter starting up
in Jan.
Museum
Have a new collection volunteer coming in to help process new
artifacts.
Receiving bids currently on new HVAC system with a goal of
installing the new system by the end of February 2016. Small
problem with the Museum’s existing power supply level that is
impacting ability to secure an adequate HVAC system. Cost would
be about $5,000 to upgrade the power supply level to
accommodate current HVAC systems.
PARKS & FACILITIES
c.
Park Benches
City currently has 125 park benches made of pressure treated
wood, and painted to help preserve them. There is no storage at
park sites or a central location for the benches during the winter.
Parks Maintenance staff move what benches will fit under cover at
the park itself to try to preserve the benches for as many years as
8
possible. Every year a couple benches are added and a few that
have reached the end of their use cycle are removed.
Leaf Season
Every fall Parks Maintenance has a concentrated effort of leaf
removal around City facilities and parks. They have a consistent
removal schedule for each location, and spend a good deal of time
each fall on this effort.
Winter Activities
They will be conducting annual maintenance on equipment.
They are conducting any indoor projects they can while the
weather is bad.
Will be refinishing those park signs that need a little update and
preservation work.
They have been busy the last month with storm response for high
water, trees, tree limbs, and ice.
Park Signs
Costs & locations for the new park signs that Council approved are
being collected. Council will review those numbers and then give
direction on which signs to replace first based on the budget
available.
Centennial Park Playground
Voting on the playground design is being conducted. Wierenga
shared comments from the Facebook page. While community
members are unable to always make a Park Board meeting to
provide comment, they are willing to participate in online forums
to give opinions and recommendations. The majority of the
comments focused on the need for an all-inclusive playground, and
a waterpark in Woodburn. Wierenga encouraged Park Board
members to research “Harper’s Playground” in Portland, which is a
great example of an all-inclusive playground.
Bike Racks
Bike racks have been installed at the Plaza.
FUTURE BOARD BUSINESS
8.
BOARD COMMENTS
9.
Wierenga-
Thanked and recognized Rosetta Wangerin for her 15
years on the Park Board.
Piper-
Happy to hear that the bike racks are up at the Plaza.
Knauf-
Thanked Wangerin for her years of service on the Park
Board.
Lassen-
Thanked Wangerin for her years of service on the Park
Board.
9
Nicoletti-
Thanked Wangerin for her years of service on the Park
Board. Also stated that a destination all-inclusive playground for
children in Woodburn is a priority forhim in the next few years.
Wangerin-
Graciously accepted the thank you’s for her service.
And asked about the ability of wheelchair bound children
accessing playground equipment with the wood chips the City uses
to fill in the play area. Wierenga said there are other materials in
use at all-inclusive playgrounds that would make it more
accessible for all children.
ADJOURNMENT -
10.6:30pm
10
11
12
13
14
Agenda Item
January25, 2016
TO:Honorable Mayor and City Council through City Administrator
FROM:Jim Row, Assistant City Administrator
SUBJECT:
Municipal Judge Appointment
RECOMMENDATION:
That the City Council appoint Lori Coukoulis to bethe City’s Municipal Judge
and approve the enclosed employment agreement.
BACKGROUND:
After more than 34 years of service to the City, Janice Zyryanoffis retiring from
her position as Municipal Judge, effective January 12, 2016.Pursuant to section
10 of the Woodburn City Charter, the Municipal Judge is one of threepositions
appointed directly bythe City Council.
DISCUSSION:
On November 9, 2015, the City Council appointed three of its members to serve
on the Municipal JudgeRecruitment Committee. After conducting an initial
screening, the committee interviewed three of the six applicants and
subsequently offered the position to Lori Coukoulis.
Lori has a private law practice in McMinnville and currently serves as
Woodburn’s Pro Tem Judge. She has also taken over Judge Zyryanoff’s courts in
Hubbard, Aurora, Mt. Angel and Silvertonand is experienced in the operation of
municipal courts.
The enclosed employment agreement is for a term of three years.
:
FINANCIAL IMPACT
Expenditures related to the employment of the Municipal Judge are included in
the adopted FY 2015/16 budget.
Agenda Item Review:City Administrator __x____City Attorney __x____Finance __x___
15
EmploymentAgreement
Lori L. Coukoulis
City of Woodburn
Municipal Judge
THIS AGREEMENT
is made and entered into this day of January 25, 2016 between the
City of Woodburn, anOregon municipal corporation, hereinafter referred to as “City”, and
Lori L. Coukoulis, hereinafter referred to as “Coukoulis,” both of whom understand and
agree as follows:
RECITALS
Whereas
,Pursuant to the Woodburn City Charter, it is the responsibility of the City
Council to appoint a Municipal Judge.
Whereas
, City Council desires to employ the services of Lori L. Coukoulis as Municipal
Judgeforthe City of Woodburn and to provide an inducement for herto remain in such
employment; and
Whereas
, it is the desire of the CityCouncilto provide certain benefits, establish certain
conditions of employment, and to set working conditions of said Employee; and
Whereas
, Coukoulisunderstands, agrees and desires accept the position of Municipal
Judgefor the City of Woodburn; and
Whereas
,with the approvalof the City Council, theMayorhas authority to execute this
agreement on behalf of the City.
Now, therefore
, in consideration of the mutual covenants herein contained, the parties
agree as follows:
1.Duties
City hereby agrees to employCoukoulisas the Municipal Judge,of the City of
Woodburn to perform on a continuing basis the functions and duties, which are
generally described inSection 22 ofthe Woodburn City Charter.
2.Hours of Work
Coukoulis shall devote sufficient time to complete the duties and responsibilitiesof
her position.Coukoulis shall ensure effective maintenance of the docket and
provide adequate opportunities for court appearances by the public.
3.Term
16
A.The term of this Agreement shall be for three (3) years commencing on
January25, 2016 and ending January24, 2019 (“Services Period”).
B.The term of this Agreement may be extended by written consent of the
parties fora period mutually acceptable to both parties (Continuing Service
Period).If theparties decide to extend this Agreement, negotiations shall
commence by July 15, 2018.
4.Termination
Coukoulis’s employment with the City shall be “at will”. As such, nothing in this
Agreement shall prevent, limit or otherwise interfere with the right of City for any
reason whatsoever with or without cause to terminate the services ofCoukoulisat
any time as provided herein.
5. Resignation
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of Coukoulisto resign at any time from this position with Citysubject to the
provisions of the Agreement. In the eventCoukoulisvoluntarily resigns this position
before the expiration of the aforesaid term of employment,Coukoulisshall give
City a minimum of sixty (60) days written notice, unless the parties agree
otherwise.
6. Compensation
During Services Period,City agrees to pay a wage ofeighty-fivedollars ($85) per
hour, for services renderedpursuant to this agreement. Such wagesshall be
payable in installments at the same time as the regular employees of City are paid
and are subject to normal and/ or authorized deductions.At its discretion, the City
Council may periodically conduct a review of Coukoulis’sperformance, at which
time, an increase in salary maybe negotiated.
7. Public Employees Retirement System
If Coukoulis meets theOregon Public Employees Retirement System’s eligibility
requirements, City shall pay both the “employee” and “employer” portions for
Employee retirement program under the Oregon Public Employees Retirement
System.
8. Sick Leave
Coukouliswill earn 1 hourof sick leavefor every 30 hours worked. Sick leave will
accrue to a maximum of 80 hours and may only be used in a manner that is
consistent with the City’s personnel policies.
17
9. Judge Pro Tem
Pro Tem Judges shall be selected from a list of qualified candidates that have been
approved by the City Council. Coukoulis shall arrange for a Pro Tem Judge should
she be unable to perform her regular duties due to illness, personal leave or
unanticipated personal needs.
10. Liability
City agrees to indemnify, hold harmless and defend at its expenseCoukoulisfrom
any and all claims, actions, losses, damages, charges, expenses or attorney’s fees
to whichCoukoulismay be subject to arising out of, or resulting from the
performance ofher official duties hereunder, excepting from criminal acts or gross
negligence. Notwithstanding the foregoing, City’s obligation under this Section
shall not apply to any punitive or exemplary damages that may be awarded by a
Court againstCoukoulis.
11. Other Terms and Conditions
A.City may from time to time fix other terms and conditions relating to
Coukoulisperformance hereunder, provided such terms and conditions are
not inconsistent or in conflict with the provisions of this Agreement.
B.Coukoulisshall performher duties in accordance with all the laws,
ordinances, rules, and regulations applicable to herposition.
C.The entire Agreement between the parties with respect to the subject matter
hereunder is contained in this Agreement. Except as herein expressly
provided to the contrary, the provisions of this Agreement are for the benefit
of the parties solely and not for the benefit of any other person, persons or
legal entities.
D.Coukoulisacknowledges that she has not been induced to enter into this
Agreement by any representation or statements, oral or written,not
expressly contained herein or expressly incorporated by reference. City
makes no representations, warranties and guarantees contained in this
Agreement.
12. Notice
Any written notice hereunder shall become effective as of the date of mailing by
registered or certified mail, and shall be deemed sufficiently given if sent to the
addresses as stated in this Agreement, or at such other address as may hereafter
by specified by notice in writing. In lieu of mailing, written notice shall become
effective as of the date it is personally delivered to the addressee. Any notice
18
required to be given under the terms and conditions of this Agreement shall be
given as follows:
City of WoodburnLori L. Coukoulis
Scott Derickson, City Administrator Municipal Judge
270 Montgomery Street606 NE Second St
Woodburn, OR 97071McMinnville, OR 97128
13. Severability
If any part, term, or provision of this agreement is held by the courts to be illegal
or in conflict with the laws of the State of Oregon, the validity ofthe remaining
portions of the Agreement shall not be affected and the rights and obligations of
the parties shall be construed and enforced as if the Agreement did not contain the
particular part, term, or provision.
In Witness Whereof
, the parties hereto have executed this Agreement on the day and
year first written above.
KATHRYN FIGLEYLORI L. COUKOULIS
MAYORMUNICIPAL JUDGE
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25
Agenda Item
January 25, 2016
TO:Honorable Mayor and Councilthrough City Administrator
FROM:Sarah Head, Finance Director
SUBJECT:
2015-16 Supplemental Budget Request
RECOMMENDATION:
Hold a public hearing and adoptthe attached resolution approving a
supplemental budget for Fiscal Year 2015-16 for the funds and departments listed
on Exhibit A.
SUPPLEMENTAL BUDGETS GENERALLY:
Every year, after the budget is adopted by Council, circumstances and events
arise that were either unforeseen or not quantifiable at the time the budget was
prepared and adopted. In addition, supplemental budgets can be used to
correct errors or oversights.
Oregon Budget Law provides for changes to adopted budgets through a
supplemental budget process that requires that the City provide public notice of
the proposed changes and, if the change is greater than 10percentof any fund’s
total expenditures, hold a public hearing to discuss the proposed changes and
accept public testimony on the changes. Staff provided the required public
notice via the Woodburn Independentand the hearing will be held at the Council
meeting onJanuary25prior to consideration of the resolution.
th
Like the adopted budget, supplemental budget requests must be balanced.
What that means is net revenue and net expense for the request must be equal.
This can be accomplished by budgeting additional revenueor by reducing
another expenditure category (such as contingencies).
DETAILS OF THIS REQUEST
Insurance Fund: Materials & Services$100,000
The increase in Materials & Services represents additional funds needed for
workers’ compensation expenses to meet totalexpenditures for FY 2015-16 with
an offsetting decrease in Contingency.
Agenda Item Review: City Administrator ___x___City Attorney ___x___Finance ___x____
26
Honorable Mayor and City Council
January 25, 2016
Page 2
General Fund: City Attorney Department $50,000
This increase represents personnel services costs due to changes in staffing.
General Fund: Non-departmental $100,000
This increase represents professional fees costs due to unforeseen expenses.
General Cap Const Fund: Capital Outlay $85,776
These increases to revenues and Capital Outlay are for the playground
replacement at Centennial Park and the Museum HVAC project.
Museum Endowment Fund: Transfers Out $3,040
This transfer represents the use of prior museum donations onthe Museum HVAC
project.
FINANCIAL IMPACT:
Exhibit A displays the supplemental budget as posted in the newspaper.
27
COUNCIL BILL NO. 2994
RESOLUTION NO. 2071
A RESOLUTION APPROVING TRANSFERS OF FY 2015-16APPROPRIATIONS AND
APPROVING A SUPPLEMENTAL BUDGET
ORS294.463(1) permits “transfers of appropriations” within any
WHEREAS,
fund “when authorized by official resolution or ordinance of the governing body”;
and
ORS294.463(2) limits “transfers of general operating contingency
WHEREAS,
appropriations to no more than fifteen (15) percent of the total appropriations of
the fund” unless adopted pursuant to a supplemental budget;and
transfers made pursuant to any of the above must state the need
WHEREAS,
for the transfer, the purpose for the authorized expenditure and the amount of
the appropriation transferred; and
ORS294.471(1)(a) permits supplemental budgets when “an
WHEREAS,
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
ORS294.473requires thegoverning body to hold a public
WHEREAS,
hearing on the supplemental budget when the estimated expenditures
contained in the supplemental budget for fiscal yearor budget period differ by
ten(10) percent or more of any one of the individual funds contained in the
regular budget for that fiscal year; and
the transfers contained herein are made pursuant to ORS
WHEREAS,
294.463; and
the supplemental budgetcontained hereinis made pursuant to
WHEREAS,
ORS 294.471; and
a public hearing was heldJanuary 25, 2016 onthe supplemental
WHEREAS,
budget changes,
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
That pursuant to the applicable ORS provisions cited above, the
Section 1.
City Council hereby approves the transfers of appropriations and supplemental
budget for FY 2015-16in the amounts listed in Exhibit “A.”
Page 1 – COUNCIL BILL NO. 2994
RESOLUTION NO. 2071
28
Approved as to Form:
City AttorneyDate
APPROVED:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 2 – COUNCIL BILL NO. 2994
RESOLUTION NO. 2071
29
30
Agenda Item
January25, 2016
TO:Honorable Mayor and City Council
FROM:Scott Derickson, City Administrator
SUBJECT:
An Ordinance Repealing Section 2 of Ordinance 2508
:
RECOMMENDATION
Adoptthe attached Ordinance 2531.
BACKGROUND:
On June 10, 2013, the City Council adopted Ordinance 2508 - Imposing a General
Fund Right-of-Way (ROW) Charge on City Water and City Sewer Utilities Effective
with the 2013-14 Fiscal Year and expiring at theend of the 2017-18 Fiscal Year (see
attached).
The General Fund ROWCharge, established with the passage of Ordinance 2508,
is based on use of the City ROWby City utilities (e.g. water and sewer). In addition
to private franchise fees, many Oregon jurisdictions employ this type of charge in
order to support diminishing General Fund resources.
For Woodburn, theROWcharge generatedapproximate annual revenues of
$548,700 (Water Fund Charge: $167,865 + Sewer Fund Charge: $380,847), which
allows the City to maintain critical General Fund services and programs while
minimizing the depletion of reserves. These services are to the benefit of both
property tax and utility rate payers. The loss of this revenue will require offsetting
reductions in General Fund expenditures.
:
DISCUSSION
The issue that should be addressed is the accuracy of the City Council’s Five-Year
General Fund Projection. Under the present ordinance, this projection must factor
in the loss of ROW revenue beginning in FY 2018-19. More specifically, the City’s
projected General Fund revenue (see attached) shortfallgrows to $652,247 in FY
2017-18, which includes the last year of franchise fee revenues. These shortfalls are
attributed to increased personnel costs such as PERS, healthcare, etc. Then,
because Ordinance 2508 expires June 30, 2018, the General Fund shortfall
Agenda Item Review:City Administrator __x____City Attorney ___x___Finance ___x__
31
Honorable Mayor and City Council
January 25, 2016
Page 2
expands to $1,342,729 in FY 2018-19 and additionally to $1,685,223 in FY 2019-20.
Because of this anticipated revenue shortfall, and uncertainty about continuing
the ROW fee, there is strong pressure to begin cutting General Fund expenses in
the upcoming budget process to be more in line with projected revenues,
therefore reducing the projected shortfall.
By removing Ordinance 2508’s expiration clause, and maintaining ROW revenue
estimates, the Finance Department will lower projected General Fund shortfalls
on which current budgetary decisions are being made and minimize General
Fund cuts and/or use of cash reserves.
I would also like to stress that the City Council continues to maintain full control
and approval of the ROW utility charges both today and in the future either as
part of the annual budget process or as a general policy decision.
:
FINANCIAL IMPACT
By removing the June 30, 2018 expiration date of Ordinance 2508, the City can
more accurately project General Fund revenuesas part of the City Council’s Five-
Year Forecast, thus allowing more accurate projection to base budgetary
decision. The proposed Ordinance 2531will maintain approximately $548,700 of
annual General Fund ROWrevenue beyond FY 2017-18.
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COUNCIL BILL NO. 2995
ORDINANCE NO. 2531
AN ORDINANCE AMENDING ORDINANCE 2508 TO CONTINUE THE IMPOSITION
OF A GENERAL FUND RIGHT-OF-WAY CHARGE ON CITY WATER AND SEWER
UTILITIES
on June 10, 2013 the Woodburn City Council adopted
WHEREAS,
Ordinance 2508 establishing a General Fund Right-of-Way charge on the
City’s Water and Sewer Funds. For FY 2015-16, the General Fund Right-of-Way
fee generated approximately $548,700 in General Fund revenue; and
Section 2 of Ordinance 2508 contains an expiration date of
WHEREAS,
June 30, 2018, which iswell within the City General Fund forecasting model for
budget development and administration;and
annual right-of-way GeneralFund revenues support critical
WHEREAS,
General Fund services and programs including Police, Library services, Parks,
Aquatics, etc. The projected loss of General Fund Right-of-Way revenues are
contributing to significant General Fund revenue shortfalls;and
the City Council wishes to continue the General Fund’s Right-
WHEREAS,
of-Way franchise fee beyond the June 30, 2018expiration date,which will
reduceprojected General Fund revenue shortfalls, minimize potential General
Fund reductions and preserveGeneral Fund cash reserves and contingencies;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 2 of Ordinance 2508 is repealed.
Section 1.
Approved as to form:
City AttorneyDate
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Council Bill No. 2994
Page- 1 -
Ordinance No. 2531
33
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson,City Recorder
City of Woodburn, Oregon
Council Bill No. 2994
Page- 2 -
Ordinance No. 2531
34
Agenda Item
January 25, 2016
To: Honorable Mayor and City Council through City Administrator
From:Jim Hendryx, Economic and Development Services Director
Subject:
Planning Commission Approval of a Design Review and Variance,
DR 2015-02 and VAR 2015-01, located at 3001 Newberg Hwy
:
RECOMMENDATION
No action is recommended.This item is placed before the Council for
informational purposes, in compliance with the Woodburn Development
Ordinance Section 4.02.02. The Council may call up this item for review if
desired.
:
BACKGROUND
The applicant requested a Design Review for fivecommercial buildings totaling
to the
approximately 30,000 square feet of gross floor area, and a
variance
requirement for a screening wall abutting residential development along Robin
Avenue.
FINANCIAL IMPACT:
This decision is anticipated to have no direct public sector financial impact.
Additional development may slightly increase City revenues.
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___
35
Honorable Mayor and City Council
January 25, 2016
Page 2
Site
Masters Development - 3001 Newberg Hwy
DESIGN REVIEW SITE PLAN (REDUCED SIZE)
36
Honorable Mayor and City Council
January 25, 2016
Page 3
VARIANCE – Screening Wall Requirement
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Agenda Item
January 25, 2016
To: Honorable Mayor and City Council through the City Administrator
From:Jim Hendryx, Economic and Development Services Director
Subject:
Planning Commission Approval of a Design Review, Variance and Lot
Consolidation,DR 2015-01, VAR 2015-02, PLA 2015-03 at 2895 Progress
Way (Universal Forest Products)
:
RECOMMENDATION
No action is recommended. This item is placed before the Council for
informational purposes, in compliance with the Woodburn Development
Ordinance, Section 4.02.02. The Planning Commission approved the requests as
submitted, with conditions, on January 14, 2016. The Council may call up this
item for review if desired.
BACKGROUND:
The applicant (Universal Forest Products) requests a Design Review for a 25,000
square foot manufacturing building, a 5,000 square foot office and a 2,000
square foot fitness building. A variance is required for the street improvement,
as the cul-de-sac exceeds the maximum street length of 250 feet and the
sidewalk would be constructed on the west side of the street. Additionally, there
are several properties involved with the application and the lots are being
consolidated into one lot.
FINANCIAL IMPACT:
This decision is anticipated to have no direct public sector financial impact.
Additional development may slightly increase City revenues.
Agenda Item Review:City Administrator __x____City Attorney ___x___Finance __x___
38
Honorable Mayor and City Council
January 25, 2016
Page 2
Site Location
Subject
Properties
Industrial Ave
Progress Way
Hwy 99E
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Honorable Mayor and City Council
January 25, 2016
Page 3
DESIGN REVIEW SITE PLAN
25,000Mfg.Building
5,000 SF Office Building
2,000 Fitness Building
& Parking
Progress
Way
40
Honorable Mayor and City Council
January 25, 2016
Page 4
VARIANCE – PROGRESS WAY Cul-de-sac Length and Sidewalk
Construction
Sidewalk
Construction
Progress Way:New Cul-de-sac
and Sidewalk Construction
41