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Minutes - 03/12/2001 COUNCIL MEETING MINUTES MARCH 12,2001 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 12, 2001. 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 Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Null, Community Development Director Mulder, Finance Director Gillespie, Public Works Manager Rohman, Park & Recreation Director Westrick, City Recorder Tennant 0075 ANNOUNCEMENTS. A) Public Hearing will be held before the City Council on April 9, 2001, 7:00 p.m., on a remand from the Land Use Board of Appeals (LUBA) regarding Woodburn Company Stores. Testimony at the hearing will be limited to specific issues identified in the LUBA remand. 0083 PRESENTATION: HUMAN RIGHTS COMMISSION AWARD TO A.W.A.R.E. FOOD BANK VOLUNTEERS. Alicia Hernandez, representing the Human Rights Commission, stated that the purpose of the award is to heighten awareness and educate citizens about the strengths of diversity. The Commission has selected the AW.AR.E. Food Bank - Nancy Stone and all of the volunteers - for their inspiration to the community and the time Mrs. Stone takes to help those in need within the community. Nancy Stone expressed her appreciation for the recognition award and she reiterated that the work could not be done without the help of her many volunteers and the support of the Board members. Gary Lawhead, Superintendent of MacLaren School, presented a check to Nancy Stone in the amount of $3,000 which was raised by the school staff for the AW.AR.E. Food Bank. Page 1 - Council Meeting Minutes, March 12,2001 COUNCIL MEETING MINUTES MARCH 12, 2001 TAPE READING Mrs. Stone also stated that, thanks to the Mayor's Heart-to-Heart campaign, collections to date total $444 for the purchase of food. Once all of the collections are in, Wal-Mart will match up to $500 for this fundraising project. 0324 PRESENTA TION: NORTH BOONES FERRY ROAD IMPROVEMENTS. Public Works Director Tiwari stated that he plans on bringing in a pre-engineering report to the Council at the April 9th meeting, however, before the report is finalized, he would like to receive some input from the Council as to whether or not they would like to make changes to the staff's direction on this project. He stated that the estimated project cost is $2 million and, due to timing in getting work completed before the start of classes in the fall, he is proposing that the project be completed in two phases both of which involve a local improvement district (LID). The first phase would be from the Boones Ferry Rd/Hwy. 214 intersection north to Goose Creek and it involves 7 property owners within the LID. The proposed Phase I project would include widening to 5 lanes, bikelanes, and sidewalks so that it will be compatible with future improvements made to the Highway 214/Settlemier/Boones Ferry Road intersection. He briefly discussed intersection improvements that need to be made in the future and staff's hope that some financial assistance would be forthcoming from the State since Highway 214 is part of the state highway system. Even though everything is interlinked, the key is to make improvements that will not be very expensive to the City and property owners, and yet work well for the school and general traffic flow. The second phase of the project would provide for a 3 lane road improvement with bikeways and sidewalks, however, it involves a multitude of property owners, and due to the time involved in forming this large of an LID, it will be next summer before Phase IT construction would begin. Additionally, staff is looking at undergrounding utilities for Phase I and, even though it is expensive, it will improve the looks of the community. In order to keep overall costs down, staff is looking at saving as much pavement as possible. Mayor Jennings expressed his opinion that the intersection improvement should be done at the same time as the Boones Ferry Road Phase I improvement. Director Tiwari stated that the intersection improvement has numerous issues involved and ODOT has to approve all of the proposed intersection improvements. It will also involve a larger expenditure from the City and it is unknown if ODOT will contribute to any of the costs if the improvements are made at this time. He is also concerned with the length of time in which it will take ODOT to review, and approve, intersection improvements. In regards to project funding, there will be some system development funds, LID assessments, and other federal funds such as T-21. Staff proposes to give Phase I more financial support than Phase IT since it requires a wider street to take care of traffic congestion near the intersection. The turn lane is being added to the design in order to take care of the capacity thereby allowing for the use of system development charges or Page 2 - Council Meeting Minutes, March 12, 2001 COUNCIL MEETING MINUTES MARCH 12, 2001 TAPE READING traffic impact fees as a financial source for a portion of the project. Another issue briefly discussed involved the inclusion of benefitted properties currently outside of the city limits but adjacent to the existing roadway. Mayor Jennings stated that another process is being initiated to annex properties to the City which are surrounded by the city limits. Director Tiwari stated that if benefitted properties are still located outside of the city limits at the time the LID is formed, the City can request that the County assess the property or look at other options which would then require those properties outside of the city to pay for their share of the costs at a later date. 1340 Councilor Nichols stated that he would like to see the intersection improved, however, he questioned as to how long it will take to generate sufficient funds in the Urban Renewal District in order to help fund the intersection project. Administrator Brown stated that this intersection is included in the Urban Renewal project list, however, it may take 5 or 6 years to generate the amount of revenue necessary to make the improvements. Councilor Bjelland stated that he would like to see staff provide the following three alternatives: 1) project without any intersection improvements, 2) a project with minimal amount of intersection improvements, and 3) a project with all of the intersection improvements. A decision can then be made based on costs and impacts. Director Tiwari stated that he will be contacting ODOT to see if they would be willing to pay for a portion of costs associated with the intersection improvements. 1555 ANNOUNCEMENT - ANNUAL CLEAN-UP DAY. MARCH 24.2001. Mayor Jennings stated that residents can take their yard debris and scrap metal/appliances to United Disposal on Saturday, March 24th, between 7:00 am and 5:00 pm. There will be a charge for appliances that contain freon such as refrigerators and freezers. 1625 INTRODUCTION OF DEAN MORRISON. Public Works Director Tiwari introduced Dean Morrison who has been an employee of the City for approximately 20 years. Up until last July, Mr. Morrison served as the City's Assistant City Engineer and he continues to work in a part-time capacity on the City's engineering staff. Over the years, Mr. Morrison has given the City excellent service and he has come up with ideas that have been beneficial to the City. One idea in particular involves a transpirator process in which he was able to develop a process that allows use of effluent on grass roots and trees as an alternative to discharging the effluent to the Pudding River. Mr. Morrison did some testing of his idea at the wastewater plant and, as a result, the City did get involved with the patent on his idea. Mr. Morrison paid for the material costs to test his idea and, as a result, his idea is now worth many hundreds of thousands of dollars. When the popular tree plantation process was initially discussed by the consultants, the City had no problem with it because of similarity with Mr. Morrison's Page 3 - Council Meeting Minutes, March 12,2001 COUNCIL MEETING MINUTES MARCH 12,2001 TAPE READING grass root system that had already been tested with positive results. The City was the first in the nation in implementing this process and he reiterated that the City has excellent staff members who can think about process improvements that will benefit the City and other local governments in years to come. He also reminded the Council that a majority of all costs relating to the work and filing fees for the patent were paid for by Mr. Morrison. Dean Morrison thanked the Director for his introduction and stated that his work did result in findings that 90% of the ammonia in water is eliminated by this process. 2467 CHAMBER OF COMMERCE REPORT. Phil Hand, representing the Chamber Board, reviewed the upcoming Chamber events: 1) Business After Hours - March 15th, West Coast Bank, from 4:30 pm to 6:00 pm 2) Business After Hours - March 22nd, Wooden Shoe Bulb Co., from 4:30 pm to 6:00 pm 3) Chamber Forum - March 21 st, at Woodburn Family Medical Clinic. Prior to the Forum, beginning at 7:50 am, there will be a Drug Free Workplace conference which is co-sponsored by OML Laboratories and Woodburn Family Medical Clinic. 4) A Hometown Hero A ward program is being sponsored by Woodburn Company Stores and the Woodburn Independent. Recipients of the award will receive a $50 certificate from the Company Stores along with a small plaque and an article in the newspaper. Nomination forms are available at the Chamber office. 2750 CONSENT AGENDA. A) Council minutes of February 26, 200 I; B) Planning Commission minutes (draft) of February 22,2001; C) Claims for the month of February 2001 ; D) Planning Dept. Tracking Sheet; E) Building Activity Report for February 2001; F) Highway 214 sidewalk project status report; and G) Report on installation of a caution light on Highway 211 at the Wastewater Treatment Plant. FIGLEYINICHOLS... adopt the consent agenda as presented. The motion passed unanimously. 2825 COUNCIL BILL 2295 - ORDINANCE DECLARING THAT BLIGHTED AREAS EXIST WITHIN THE CITY. RECOGNIZING NEED FOR AN URBAN RENEWAL AGENCY TO FUNCTION IN THE CITY. AND PROVIDING FOR EXERCISE OF THE AGENCY'S POWERS BY THE MAYOR AND CITY COUNCIL. Council Bill 2295 was introduced by Councilor Chadwick. Councilor Figley stated that, after consulting with the Government Standards and Page 4 - Council Meeting Minutes, March 12, 2001 COUNCIL MEETING MINUTES MARCH 12,2001 TAPE READING Practices Commission, she has decided to declare a conflict of interest and not participate in this discussion due to the fact that she owns property in the affected area and, therefore, might expect a financial benefit from this action. She stated that she will not be taking any part in this discussion. Mayor Jennings stated that no questions would be asked of Councilor Figley and she will not be giving any answers. Attorney Shields stated that, with the declaration, Councilor Figley will not be participating in the discussion nor will she be voting if a vote is taken. Recorder Tennant read the bill by title only since there were no objections from the Council. Mayor Jennings stated that the Council Bill has been modified from the language on the bill in the agenda packet in that the Section 3 and 5, along with the title, has been rewritten to include "... Mayor and City Council". This action was taken for the purpose of allowing the Mayor to vote in case of a tie. The second reading of the bill was read by title only. On roll call vote for final passage, the bill passed 5-0. Mayor Jennings declared Council Bill 2295 duly passed. 3082 COUNCIL BILL 2296 - RESOLUTION ENTERING INTO AN AGREEMENT WITH UNION PACIFIC RAILROAD FOR LEASE OF PREMISES FOR HIGHWAY PURPOSES.. Council Bill 2296 was introduced by Councilor Chadwick. Recorder Tennant 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 Jennings declared the bill duly passed. 3152 COUNCIL BILL 2297 - RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF ALL LANDS SURROUNDED BY THE CITY. Council Bill 2297 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2297 duly passed. 3260 COMMUNITY CENTER PLANNING COMMITTEE. Mayor Jennings stated that he had requested the City Administrator to prepare the staff report which is in the agenda packet to outline the process to be followed in establishing the Committee. He stated that, to date, he has obtained commitments from 2 volunteers and is working on getting a third person to be a part of the committee. Administrator Brown reviewed his report which provided information on the criteria for service, qualifications of applicants, and the groups those applicants would represent as the potential users of a new center. A paid advertisement will be placed in the W oodbum Independent soliciting citizen participation on this committee and the Councilors are also urged to contact persons that they feel would meet the qualifications and ask them to Page 5 - Council Meeting Minutes, March 12,2001 COUNCIL MEETING MINUTES MARCH 12,2001 TAPE READING apply for one of the positions on the committee. Applications are available at the City Administrator's office. 3408 ACCEPTANCE OF LATE BANCROFT BOND APPLICATIONS. Staff recommended that the following Bancroft Bond applications submitted by the following property owners be accepted by the Council: 1) Downtown Alley Local Improvement District (Ord. 2273): Luis & Luisa Quintero, Thomas Flomer, and David & Jennifer Lindenmuth. 2) Parr Road Local Improvement District (Ord. 2278): Luka & Anastasia Vshivkoff. FIGLEYINICHOLS... under the authority of ORS 223.210, accept the Bancroft Bond applications as listed in the staff memo. The motion passed unanimously. 3444 EXTENSION OF "NO PARKING" ALONG EAST LINCOLN ST. IN FRONT OF WASHINGTON SCHOOL. A request was made by the school to extend the "No Parking" to the area in front of the school beginning at the school's west driveway and going east approximately 350 feet. The parking restriction would be in place only during school hours and it was requested for the purpose of providing better visibility and increased safety for the students. Staff recommended that the signs be installed. SIFUENTEZlFIGLEY... approve the installation of signs for "No Parking During School Hours" along the north side of Lincoln Street from the west driveway at the school east approximately 350 feet. The motion passed unanimously. 3525 APPROVAL OF SOLICITOR'S LICENSE FOR BOY SCOUT TROOP #691. A request was submitted by Roger Midura, Boy Scout Troop #691 Committee Member, for a solicitor's license for the troop, with a waiver of fees, so that the troop members could perform a fundraising community service project involving the painting of resident and business address numbers on the curb next to the driveway. If approved, this project will be held during the month of April 2001. FIGLEY/SIFUENTEZ... approve a solicitor's license for Boy Scout Troop #691 and waive the licensing fees. The motion passed unanimously. 3585 REQUEST FROM MID-WILLAMETTE VALLEY MAYOR'S COALITION REGARDING SENATE BILL 1149 - ELECTRIC DEREGULATION INITIATIVE. Mayor Jennings stated that the Coalition is asking local governments in the Mid- Willamette Valley to voice opposition to Senate Bill 1149 which partially deregulates the electric power industry in Oregon and goes into effect in October 2001. In his opinion, the electric and gas utilities need to be regulated so that problems that were experienced in California due to deregulation will not surface in Oregon. He stated that a resolution Page 6 - Council Meeting Minutes, March 12,2001 COUNCIL MEETING MINUTES MARCH 12, 2001 TAPE READING was included in the agenda packet and, if the Council so desires, a Council Bill number will be assigned and the bill introduced for Council action. It was the consensus of the Council to assign a number to the Council Bill. COUNCIL BILL 2298 - RESOLUTION URGING ADELA Y IN THE IMPLEMENTATION OF ELECTRIC DEREGULATION IN OREGON. Councilor Chadwick introduced Council Bill 2298. Recorder Tennant 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 Jennings declared Council Bill 2298 duly passed. 3760 CANCELLATION OF MARCH 26. 2001 COUNCIL MEETING. Mayor Jennings stated that the City Administrator will be out of town the last two weeks in March and the City Attorney will be out of town the week prior to the next regular meeting. Therefore, staff recommended that the March 26th meeting be canceled. BJELLANDINICHOLS.... cancel the March 26, 2001 Council meeting. The motion passed unanimously. 3850 CITY ADMINISTRATOR'S REPORT. A) Cable TV Franchise Renewal: Administrator Brown stated that consultant Steve Jolin is assisting the City with the evaluation of the existing system and the Cable TV renewal process with DirectLink. As part of the process in evaluating the existing system, three meetings have been scheduled for April 4th to fulfill the community ascertainment phase, and, upon completion of this phase, information received would be put into a package that would be used to negotiate a franchise renewal or, if needed, to put out a bid for a competitor. Under federal communications law, the City needs a solid base of information and statistics available since the City can only ask for what is reasonable and for what the community has indicated their desires are as it relates to community access. B) Preemption Bills - Transient Occupancy Tax: Administrator Brown stated that HB 2934 has not yet been introduced to legislative committee, however, he felt that it was necessary to inform the Council prior to it going to committee and, if agreed to by the Council, authorization be given to send a letter to the City's various legislators and the committee members should it go before the committee. As drafted, the bill would create the authority for the State to charge a 1 % transient lodging tax that would be attached to any transient lodging tax currently being imposed in a city. It also limits the local agencies ability to both increase the lodging tax in the future and to use the taxes collected. Voter approval would be required for any subsequent increases and it earmarks the money for tourism/marketing activities. Also, the lodging operator would be required to be reimbursed for their cost of collecting and accounting at a minimum of 5% of the Page 7 - Council Meeting Minutes, March 12,2001 COUNCIL MEETING MINUTES MARCH 12,2001 TAPE READING tax collected. Currently, the City gives lodging operators 10% of the tax collected, however, the bill as written, would be required to pay some additional funds to the lodging operator since the tax collected for tourism and marketing would be at 100% of the amount assessed versus the amount assessed less the lodging operator fee. The larger problem is that our current tax is a local discretionary revenue which has been put to General Fund uses such as street maintenance and law enforcement activities. This bill would preempt the City's ability to utilize proceeds from the lodging tax for funding activities that are not classified as tourist activities. He recommended that the Council take a position in opposition to this bill and authorize the Mayor to sign a letter similar to the draft letter in the agenda packet. Mayor Jennings stated that he feels this proposed bill is an infringement on home rule and urged the Council to oppose this bill. FIGLEYINICHOLS... go on record as being opposed to HB 2934 and authorize the Mayor to sign the letter being discussed with minor modifications that may be necessary to tighten up the language in the letter. Councilor Figley agreed that local governments are very well-qualified to make decisions and she disliked state legislation that seems to think that local governments are unable to make appropriate financial decisions. The motion passed unanimously. 4611 C) Letter from State House Committee on Rules, Redistricting and Public Affairs: Administrator Brown reminded the Council that they are responsible for redistricting and reapportionment of the boundaries within the City as a result of the most recent federal census. The criteria to be followed in this process is listed in ORS 188.010 and it applies to state legislative and congressional district boundaries in addition to City Ward boundaries. The House Committee on Rules, Redistricting and Public Affairs and the Senate Committee on Rules and Redistricting will be accepting public testimony to collect information from the citizens regarding this issue prior to the actual development of a state-wide redistricting plan. He reiterated that the public testimony before the legislative committees will only be applicable at the state level and, later this year, the City will begin its own redistricting/reapportionment process. D) Administrator Brown stated that he will be out of town on vacation March 19-30, 2001. During his absence, he will be leaving Public Works Director Tiwari in charge of daily operations of general business and the Police Chief in charge of police activities. NICHOLS/KILMURRA Y....arrangements made by the Administrator to appointment Prank Tiwari as City Administrator pro-tern for general business operations and Chief Null for police activities while the Administrator is on vacation be approved. The motion passed unanimously. Page 8 - Council Meeting Minutes, March 12,2001 COUNCIL MEETING MINUTES MARCH 12,2001 TAPE READING 5050 MA YOR AND COUNCIL REPORTS. Councilor Figley stated that she was glad to see that the legislative committees are beginning the public input process since there are certain features of our own House and Senate Districts that do make any sense and she intends to express her views to the committee. She encouraged other local citizens to take advantage of this opportunity to express their views on house/senate district boundaries. Councilor Kilmurray stated that she will be out of town for the April 9th Council meeting. Councilor Bjelland agreed with comments made by Councilor Figley and he encouraged public involvement on redistricting. In regards to the Cable TV franchise renewal process, he expressed his opinion that it is very important that the City is not only looking at the Cable TV aspect but delivery of services specifically in the area of internet and broadban capabilities. Councilor Sifuentez expressed her thanks to the MacLaren staff who supported her in the most recent food drive for the AWARE Food Bank. Councilor Chadwick reminded the Councilors that the Woodburn Downtown Association dinner and auction will be held on Friday, March 16th, at 6:00 pm. 5474 ADJOURNMENT. FIGLEY/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8: 17 p.m.. APPROVED~ RICHARD JENNIN , M YOR ATTEST Mary en nt, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, March 12,2001