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Minutes - 11/27/2000 COUNCIL MEETING MINUTES NOVEMBER 27, 2000 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 27,2000. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0020 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley Kilmurray Pugh Sifuentez Present Present Present Absent Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Community Development Director Mulder, Police Chief Null, Finance Director Gillespie, Public Works Manager Rohman, Park & Recreation Director Westrick, Library Director Sprauer, City Recorder Tennant 0062 ANNOUNCEMENTS. A) Special Council Meeting on December 4, 2000: Mayor Jennings stated that a special meeting will be held at 6:00 p.m., however, if quorum will be present at 5:30 pm, he requested that the meeting time be changed since he would like to attend the Holiday Music Festival at the high school at 7:00 pm on that evening. Councilor Kilmurray stated that she did not know if she could even attend the special meeting, however, Councilors Bjelland, Pugh, Sifuentez, and Chadwick stated that they would be able to be at the meeting by 5:30 pm. The Mayor also stated that, the Oath of Office will be given to incoming Councilor Nichols who will be unable to attend the December 11 th meeting since he will be out of town on that day. B) Holiday Music Festival: This event will be held on December 1,4, & 6, 2000, 7:00 pm, at the High School Lectorium. He encouraged citizens to attend this year's program. C) Downtown Tree Lighting: On December 9th, 7:00 pm, the tree located in Warzynski Plaza will be lit. Prior to this tree lighting event, the Settlemier House tree will be lit at 6:30 pm and Councilor Sifuentez is organizing a candlelight procession from the Settlemier House down to Warzynski Plaza. He encouraged the public to participate in this annual event. Mayor Jennings thanked Bob Engle and Ben Miller for the donation of the trees at Warzynski Plaza and in the City Hall entry. D) Reception and Oath of Office on December 11, 2000: At the regular Council meeting of December II th, the Oath of Office will be given to the Mayor and Councilors Bjelland and Sifuentez. A reception will be held honoring out-going Councilor Pugh and Page 1 - Council Meeting Minutes, November 27,2000 COUNCIL MEETING MINUTES NOVEMBER 27, 2000 TAPE READlNG the incumbents to their elected position. E) "Dance, Dance, Dance" winter recital: Two performances will be held on December 16th, 4:00 pm and 6:00 pm, at the Woodburn High School Lectorium. F) City Holiday Closures: The Public Library will be closed on December 24 and 25, 2000 and on January 1,2001; City Hall will be closed beginning at 12:00 noon on December 22,2000 and will re-open on Tuesday, December 26,2000; City Hall will also be closed on Monday, January 1,2001; the Aquatic Center will be closed on December 25,2000 and January 1,2001. 0300 Mayor Jennings stated that the pages in the packet were misnumbered and the materials for the Recreation and Parks SDC issue are numbered as IIB but should be 11 C. Mayor Jennings also reminded the public that there are Board and Commission openings for which he is accepting applications and he encouraged interested citizens to apply. He plans on making appointments at the December 11 th Council meeting. Additionally, applications are being accepted for the newly created Urban Renewal Planning Committee which will consist of approximately 18 members of which 9 of the positions will be open to the public. 0424 CHAMBER OF COMMERCE REPORT. Cindy Vetter, representing the Chamber, updated the public on the upcoming Chamber events: 1) Business After Hours will be held on December 14th, 4:30 pm, at the Woodburn Company Stores; 2) Chamber Forum will be held on Wednesday, December 20th, 12:00 noon at the Settlemier House. Advance reservations are required for this event. 3) Settlemier House will be open to the public on December 10, 16, 17, 19,23 and 30, 2000. Admission fee is $5 and it will include hot wassil and cookies. 4) Annual Festival of Lights is co-sponsored by the Chamber and the Kiwanis. Entries for the lighting contest must be filed by December 13th and judging will take place on December 15th. 0540 COMMUNICATIONS: LETTER FROM OREGON DEPT. OF TRANSPORTATION. Mayor Jennings stated that he had received a letter from Dave Bishop, ODOT, informing the City that the sign bridge project is now on the STIP and is scheduled for construction in the summer of 2001. The project will be put out for bid in June 2001. Councilor Pugh expressed his dissatisfaction with the delay on this project since it was his understanding that the developer had already paid his share of the cost. Administrator Brown stated that the developer had paid fOf all of the engineering costs Page 2 - Council Meeting Minutes, November 27,2000 COUNCIL MEETING MINUTES NOVEMBER 27, 2000 TAPE READING for the project which will be an offset to the developer's $50,000 cost share. The City will pay their 1/3 share once the project is completed and the developer will also pay the difference between his share and engineering costs once the project is completed. 0665 CONSENT AGENDA. A) Council regular and executive session minutes of November 13,2000; B) Park Board minutes (draft) of November 14,2000; C) Planning Commission minutes (draft) of November 9,2000; D) Library Board minutes (draft) of November 8,2000; and E) Annual System Development Charges report for fiscal year 1999-2000. PUGHlSIFUENTEZ... accept the consent agenda in its present form. The motion passed unanimously. 0692 PUBLIC HEARING: LOCAL LAW ENFORCEMENT BLOCK GRANT. Mayor Jennings stated that, following this hearing, the Council only needs to pass a motion to reflect their decision on this grant. Mayor Jennings declared the public hearing open at 7:15 p.m.. Police Chief Null stated that the Police Department was awarded a local law enforcement block grant from the Department of Justice in the amount of $11,144. This amount, coupled with a required City match of $1,238, brings the total funding allocation to $12,382. As part of the grant conditions prior to release of these grant funds, a local advisory board must make a recommendation as to the proposed use of these funds and a public hearing must be held for the purpose of receiving public comment on the use of grant funds. The Advisory Board met on October 31, 2000 to review proposed uses of the funds and they recommended that the funds be used towards the purchase of a Mobile Computer System with a back-up proposal being an enhancement to the Bicycle Patrol Program. He stated that the Mobile Computer System proposal will cost approximately $200,000 of which $90,000 has already be set aside by the Budget Committee and an additional $60,000 to $80,000 will need to be allocated over the next 24 months in order to purchase the equipment and software. The City has 24 months in which to expend the grant funds. No one in the audience commented on the proposed use of the Block Grant funds. Mayor Jennings declared the public hearing closed at 7:20 p.m.. Councilor Kilmurray expressed her hope in the City being able to fund the mobile computer system within the next 2 years. BJELLAND/KILMURRA Y... approve reciept and allocation of Local Law Enforcement Block Grant funds for the purchase of Mobile Computer Terminal equipment and software, or four (4) patrol bikes, associated bike equipment, and overtime pay. The motion passed unanimously. Page 3 - Council Meeting Minutes, November 27,2000 COUNCIL MEETING MINUTES NOVEMBER 27,2000 TAPE READING 1186 COUNCIL BILL 2275 . ORDINANCE MODIFYING A CONDITION OF APPROVAL FOR BOONES CROSSING PLANNED UNIT DEVELOPMENT. Council Bill 2275 was introduced by Councilor Chadwick. Recorder Tennant read the two readings fo the bill by title only since there were no objections from the Council. Mayor Jennings stated that the condition being modified is the requirement of a deep gravity sewer line to a sewer lift station. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2275 duly passed with the emergency clause. 1304 AMENDMENT TO AGREEMENT FOR URBAN RENEWAL CONSULTING SERVICES. Administrator Brown stated that the City has an existing contract with Spencer and Kupper which provided for 3 elements of work, one of which is the feasibility study presented in October 2000, the second and third being a design and visioning process for the downtown area and the compilation of the urban renewal plan. The consultants had intended to sub-contract out the design and visioning portion of the contract to an architect, however, the governor's office is interested in this project and have offered the City some money to expand the visioning process to make it more bi-lingual and user friendly to spanish-speaking individuals. This creates more administrative workload for the consultant and they have proposed to take that portion of the activity out of their contract. The amendment before the Council takes out the second element with a reduction in price on the contract. This will require a separate contract with the design consultant which has not been done as of this date. There will be some additional cost to this project, a portion of which will be offset from grant funds. SIFUENTEZ/KILMURRA Yo.. approve the amendment and authorize the Mayor to execute an amended agreement for urban renewal consulting services with the firm of Spencer and Kupper. The motion passed unanimously. 1485 PARK AND RECREATION SYSTEM DEVELOPMENT CHARGES. In the staff memo, it was recommended that the discount for Parks and Recreation Systems Development charges be removed since the parks and community facilities bond issue did not pass at the November 7th election and the methodology originally adopted in November 1999 included a credit to offset potential property taxes paid by new development assuming the passage of the bond measure. KILMURRA Y/PUGH.o. direct staff to prepare a revised Parks & Recreation Systems Development charge fee resolution. The motion passed unanimously. Page 4 - Council Meeting Minutes, November 27,2000 COUNCIL MEETING MINUTES NOVEMBER 27, 2000 TAPE READING 1588 PROPOSAL TO SHARE COST OF NEW REFUSE CONTAINERS IN THE DOWNTOWN AREA. Mayor Jennings recommended that the City allocate funds for this project which is a joint project with the Woodburn Downtown Association. SIFUENTEZlBJELLAND... approve the cost share proposal to place refuse containers in the downtown area. SIFUENTEZlBJELLAND... amend motion to provide for a 50% cost share not to exceed $3,270.00. The motion to amend passed unanimously. The motion, as amended, passed unanimously. 1745 CITY ADMINISTRATOR'S REPORT. A) Economic Opportunities Analysis Contract with ECO Northwest: Administrator stated that the final details of the contract are being worked out in order to keep within the $60,000 cost range and still provide information required by the City and State. It is anticipated that the contract will be let on Thursday and the contractor will begin their work on this study. B) League of Oregon Cities Time Capsule: Administrator Brown stated that LOC is putting together a time capsule as part of their 75th anniversary celebration. Cities are invited to send a small item which is representative of the City today which can be shared with people when it is opened in 100 years. The item needs to be submitted by December 31 st and he asked the Council and/or public for ideas of what to forward to the League. C) Memorandum Opinion No. 2000-03: In Hubenthal v. City, LUBA case No. 2000- 050, LUBA remanded the case to the City to address the 24th, 25th, and 26th assignments of error and sustained a portion of the 33rd and 34th assignments of error in part. In order for the City to proceed with this case, the applicant must submit a written request to proceed with the remand, a public hearing scheduled before the Council with the scope of the hearing limited to the assignments of error sustained by LUBA, and Council determination as to whether the two relevant portions of the Zoning Ordinance have been adequately addressed. D) Memorandum Opinion No. 2000-04 (Ballot Measure No.7): City Attorney Shields distributed copies of his memorandum opinion to the Council for discussion purposes since a proposed ordinance will be considered by the Council at the December 4th Special Council meeting. He stated that the implementation date for Ballot Measure 7 is December 7, 2000 and, if the Council decides to adopt an implementation ordinance, it needs to be adopted prior to that date. He stated that there is no model ordinance emerging from local government staff members, however, the Attorney General's opinion is expected very shortly. The two model types being considered by attorneys involve a land use model and a claims process model. After reviewing these two model types, he feels that the claims process model would be most appropriate and the draft ordinance in the agenda packet follows this type of model. He reviewed the Page 5 - Council Meeting Minutes, November 27, 2000 COUNCIL MEETING MINUTES NOVEMBER 27, 2000 TAPE READING notice of claim application process outlined in the draft ordinance. Another major point is whether or not the local government has the option to decide in the face of the constitutional provision if compensation is due either to pay an amount or to elect not to apply this regulation. He also stated that claims filed under this ballot measure would not be covered by our insurance and settlements made would be paid for through the City's General Fund. In any event, there will be Ballot Measure 7 litigation pending on this issue for some time and until those issues are decided by the courts it is unknown as to what impact the measure will have on the City. 3109 Further discussion was held with the Council on the notice of claims process, retroactivity of claims as provided for in the measure, how federal and state requirements imposed by the City onto affected property may impact the City, and claim settlement. It was also noted that amendments to the ordinance can be adopted in the future once future court rulings and legislative actions have been addressed by the respective parties. 5134 MAYOR AND COUNCIL REPORTS. Councilor Chadwick thanked the public for their cards, telephone calls, best wishes, flowers and prayers over the last 3 months while recovering from her illness. Councilor Sifuentez commended the Mayor for organizing several the holiday activities within our community. Mayor Jennings stated that it is his understanding that the Woodburn Independent is featuring an article on upcoming holiday activities including the Golf Cart Parade. He also informed the public that the motorcycles are now being used by Officers Seeley and Prinslow as part of the City's traffic enforcement program. 5364 ADJOURNMENT. PUGWSIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:20 p.m.. APPROVED ATTEST 1Jf1iij; ~ Mary Ten ant, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, November 27,2000