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Minutes - 08/26/2002 COUNCIL MEETING MINUTES AUGUST 26, 2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 26, 2002. CONVENED. The meeting convened at 7:00 p.m. with Council President Figley presiding. 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Present (7:30 pm) Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Acting Police Chief Null, Park Director Westrick, Senior Planner Zwerdling, City Recorder Tennant Council President Figley stated that, as in the past, the Mayor is working at the Oregon State Fair and he will try to attend a portion of this meeting. 0057 ANNOUNCEMENTS. A) Music in the Park: On August 27,2002, 7:00 p.m., the Maharimbas Marimba and steel drum band will be performing in Library Park. B) Labor Day Closures: City Hall, the Aquatic Center, and the Library will be closed on Monday, September 2,2002 in observance of Labor Day. C) Library Closure: The Library will be closed on Friday, September 6t\ for staff computer training. D) Public Library Hours: On September 8, 2002, the Library will resume its Sunday hours of 1:00 pm to 5:00 pm. E) Public Hearing: A public hearing on the Ambulance Franchise will be held before the City Council on Monday, September 9,2002, at 7:00 p.m.. F) Public Hearing: The City Council will also hold a public hearing on September 9, 2002, 7:00 pm., on proposed ambulance rate adjustments. 0143 PRESENTATION: 9-1-1 CONSOLIDATION PLAN. Acting Police Chief Null stated that the 2001 Legislative session resulted in the passage of House Bill 3977 which (1) extends the sunset of the 911 phone tax to December 31, 2003, (2) requires counties with multi-primary Public Safety Answering Point's (PSAP) Page 1 - Council Meeting Minutes, August 26, 2002 COUNCIL MEETING MINUTES AUGUST 26, 2002 TAPE READING to jointly submit a 911 consolidation plan to Oregon Emergency Management by September 1,2002, and (3) establishes a consolidation incentive fund from 911 revenue received in the 2001-03 biennium which exceeds $56 million. He stated that none of the dispatch agencies in Marion County want the consolidation, however, the legislature is forcing this action to be taken. Currently, Marion County has 4 PSAP's located in Woodburn, Silverton, Stayton, and Salem. It was noted that the 911 consolidation involves forwarding all 911 calls to a central 911 Center within the County and dispatching those calls will remain as a responsibility each agency. Currently, the North Marion County Communications (NORCOM) receives 911 calls and dispatches for fire, ambulance, and police agencies in North Marion County and they transfer 911 calls received for Marion County and Oregon State Police to Salem dispatch. Their share of the 911 telephone tax is approximately $170,000 and, with the loss ofthese funds, the potential cost to the City could be as much as 50% of the revenue loss. A 911 Consolidation Committee was formed in October 2001 and representatives from every fire, ambulance, and police agency within the County participated in the planning process. The Committee prepared the plan under the assumption that all 4 dispatch centers will continue to operate and it identifies the Willamette Valley Communications Center (Salem) as the primary PSAP for Marion County. He reiterated that initial 911 calls would be forwarded to Salem then be transferred back to the dispatch center which increases the amount of time before an agency would respond to the emergency or a call could be dropped during the transfer. The Consolidation Plan also establishes facility, equipment, and personnel consolidation requirements. During the more recent legislative special sessions to balance the State's budget, the legislature extended the sunset of phone tax revenue to December 2008 and they have redirected $7 million from the PSAP Consolidation Fund to other areas. This action results in having no funds identified to assist agencies within each County to fund the consolidation, therefore, it is unknown at this time if the Consolidation Plan will be implemented. In regards to the future of NORCOM, options being considered include (1) keeping NORCOM operational and developing a strategy to replace the loss of911 revenues, (2) keep NORCOM as an operational Primary PSAP but it would be at the expense ofthe 911 participating agencies, (3) consolidate NORCOM with Willamette Valley Communications Center, however, this agency is not interested in an ORS 190 agency even if dispatch consolidation is involved, and (4) consolidate NORCOM with Santiam and Silver Falls communication centers. No decisions have been made to date and there is no action required by the Council at this time. Councilor Bjelland questioned ifthere has been any feedback from legislators as to whether or not they will delay the consolidation process. Chief Null stated that it is still unknown as to what the legislators will do. Agency representatives feel that it is more than likely that the State will back away from its plan since they do not have the money to implement the consolidation.; Page 2 - Council Meeting Minutes, August 26, 2002 COUNCIL MEETING MINUTES AUGUST 26, 2002 TAPE READING Councilor McCallum recognized Chief Null for his efforts in getting all of the representatives together to work on this consolidation plan. He expressed his opinion that the City needs to keep a handle on this issue since this will have a profound economic . impact on the City. With the revenues being moved to the primary PSAP, this may result in a reduction in service to our community. He stated that the legislative action took place prior to September 11,2001 and, as a result of that tragedy, there is a need for strong dispatch centers which has not been recognized by the legislature in their more recent sessions. Acting Chief Null stated that the original intent of the legislature was to forward monies into one dispatch center in each County as a means of saving money. Councilor Nichols also agreed that this issue is one in which the Council needs to keep a close handle on since time delay in answering calls for service is of a concern to him. Acting Chief Null also stated that the Plan requires that all 4 PSAP agencies sign-off on the Plan before it is sent to the legislature. The Plan was developed by all 4 agencies and it was agreed upon by the agencies, however, at the last minute, Salem wanted some assurances that if the 911 funding went away that they could charge costs back to the individual agencies for providing that service. There was some resistance from the other three agencies since they did not want to give the State any cause to show that it can be done without State funding. To date, 3 of the 4 agencies have signed off on the Plan and he is unsure as to what position Salem is taking on this issue. If the State does not accept the Plan with the 3 signatures, then the State will have to develop their own plan for Marion County's consolidation. 1126 PRESENTATION: PROPERTY PRIDE AWARDS. Phyllis McKean, representing the Livability Task Force, stated that the Task Force works for a cleaner community where there is pride in ownership. Quarterly awards are given by the Task Force for homeowners and businesses. The quarterly award in the homeowner category was given to Dorothy Johanasson, 968 Astor Way, for her conscientious upkeep of her property which makes her neighborhood a better place to live. Mr. Johanasson was in attendance at the meeting to accept the award. The quarterly award in the business category was given to Flamer Furniture located at 609 N. Front Street. Tom Flomer was in attendance at the meeting to accept the award. 1322 CHAMBER OF COMMERCE REPORT. Kathy Wolfer, representing the Chamber Board, announced the following upcoming Chamber events: 1) Business After Hours will be held on September 12th at Prudential Real Estate Professionals on Glatt Circle from 4:30 pm to 6:00 p.m.; 2) the Chamber Forum Lunch will be on September 18th at 12:00 noon; Page 3 - Council Meeting Minutes, August 26, 2002 COUNCIL MEETING MINUTES AUGUST 26, 2002 TAPE READING 3) During the period of September 9th - September 20th, the Chamber office will display Ila's Quilts; and 4) the Chamber Auction will be held on September 27th at the OGA Tukwila. 1430 COMMUNICATIONS: CURBSIDE FOOD DRIVE. Administrator Brown stated that the 7th Annual Curbside Food Drive, sponsored by United Disposal and other garbage haulers in Marion and Polk counties, will be held during the week of September 16th through 20th. Non-perishable food items will be collected and given to the Marion-Polk Food Share. 1531 Joan Garren, 1040 Wilson, requested clarification of the City's graffiti ordinance since there are a couple of homes, in addition to an apartment along Hwy. 99E, that have graffiti on the buildings and she was under the impression that the ordinance called for removal of the graffiti within a certain amount of time. Acting Chief Null stated that once a property owner has been identified and asked to remove the graffiti, the property owner then has 10 days to remove the graffiti. In some cases the removal time period is extended based on weather conditions and type of facade. If the graffiti is not removed within the specified time period, the property owner can receive a citation. 1640 CONSENT AGENDA. A) approve the regular and executive session Council minutes of August 12,2002; B) accept the Planning Commission minutes of July 25, 2002; C) accept the Livability Task Force minutes of July 15,2002; D) accept the Library Board minutes of July 17,2002; E) approve the Claims for the month of July 2002; F) receive the report regarding the Cleveland Street closure for Highway 99E railroad crossing replacement; G) receive the report regarding the 911 Consolidation Plan; H) receive the status report on the Storm Drainage Master Plan; and I) receive the staff report on the Liability, Auto, Property, and Workers' Compensation Insurance for fiscal year 2002-03. MCCALLUMlNICHOLS... adopt the consent agenda as presented. The motion passed unanimously. 1704 Mayor Jennings arrived at the meeting and resumed his seat on the bench at 7:30 p.m.. Page 4 - Council Meeting Minutes, August 26, 2002 COUNCIL MEETING MINUTES AUGUST 26, 2002 TAPE READING 1728 PUBLIC HEARING: SUBDIVISION APPLICATION NO. 02-03 - Proposal to Convert Woodburn Crest Estates Mobile Home Park into a 45 Lot Subdivision. Mayor Jennings declared the public hearing open at 7:31 p.m.. BJELLAND/NICHOLS... continue the public hearing for Subdivision 02-03 to October 28, 2002 City Council meeting. The motion passed unanimously. 1840 COUNCIL BILL 2410 - RESOLUTION CALLING A SPECIAL ELECTION TO SUBMIT TO THE VOTERS THE QUESTION OF CONTRACTING A GENERAL OBLIGATION BONDED INDEBTEDNESS IN THE AMOUNT OF $5.075.000 TO CONSTRUCT. EQUIP. AND FURNISH A CITY COMMUNITY CENTER. Administrator Brown stated that the Community Center Planning Committee had evaluated the location, size, design, and financing for a new Community Center. He stated that the Community Center elevations provided in the agenda packet is the facility recommended to be constructed at an estimated cost of$5.82 million. Of the total cost, the Committee anticipates receiving approximately $820,000 from grant revenues, sale of city-owned surplus property, and from fundraising campaigns. The Committee has recommended that the remaining $5 million be financed through a general obligation bond. Two alternatives have been provided to the Council with the first alternative being the full $5 million plus $75,000 for bond closing costs, be a general obligation on the ad valorem taxes. The second alternative, which is the recommended alternative of the Committee, would be a general obligation bond for $5,075,000 and for the Council to dedicate approximately $1.5 million from Parks and Recreation system development charges that are or will be collected for park uses towards future principal and interest payments. This alternative would effectively reduce the amount that would be paid by the taxpayer over the life of the bonds. The policy choice is to dedicate a revenue that has not been received yet which may result in property tax rates for meeting the principal and interest payments fluctuating each year. Staff calculations indicate that the $1.5 million in systems development charges is a reliable number and feel fairly confident that the revenues will be there over the time period in which the bond payments are made. He reminded the Council that taking the $1.5 million for this project will take these funds out of the revenue stream for any other Park SDC projects that the City may want to fund in the future. He reiterated that the staff is recommending Alternative 2 and the Committee is also endorsing this alternative. Mayor Jennings expressed his opinion that alternative 2 would be the best alternative since it would place less of a tax burden on the property taxpayers. Councilor Sifuentez stated that the Committee strongly recommends alternative 2 since they are looking at what would work best for the taxpayers in the City. Councilor McCallum questioned what the plan would be regarding the construction project ifthe bond measure passes but the additional revenue sources does not meet the estimated $820,000. Page 5 - Council Meeting Minutes, August 26, 2002 COUNCIL MEETING MINUTES AUGUST 26, 2002 TAPE READING Administrator Brown stated that the City would have the choice of either scaling back on the project or substitute some other source of revenue other than system development charges. The payback period for the bonds will be either 15 or 20 years depending upon the market rates at the time of issuance. Staffhas been working with bond counsel on the preparation of the Council Bill but no detail work has been done with the financial advisors as of this date. BJELLAND/SIFUENTEZ.... recommend alternative 2 as the approach to be taken to finance the Community Center. The motion passed unanimously. Councilor Chadwick introduced Council Bill 2410 with alternative 2. 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 2410 duly passed. Mayor Jennings also congratulated the Community Center Planning Committee on a job extremely well-done and asked for their help in getting the measure passed by the voters. 2680 COUNCIL BILL 2411 - RESOLUTION AUTHORIZING EXECUTION OF POLICE RECORDS MANAGEMENT SYSTEM AGREEMENT WITH THE CITY OF SIL VERTON. Council Bill 2411 was introduced by Councilor Chadwick. Recorder Tennant read the bill by title only since there were no objections from the Council. Mayor Jennings questioned if approval of this agreement will help the City to retain NORCOM. Acting Chief Null stated that there is a possibility that it will have an impact on the PSAP in the future but, as it now stands, this agreement will not be of help at this point in time. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2411 duly passed. 2790 COUNCIL BILL 2412 - RESOLUTION AUTHORIZING EXECUTION OF A POLICE RECORDS MANAGEMENT SYSTEM AGREEMENT WITH THE CITY OF HUBBARD. Councilor Chadwick introduced Council Bill 2412. 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 2412 duly passed. 2845 COUNCIL BILL 2413 - RESOLUTION ENTERING INTO TRANSPORTATION GROWTH MANAGEMENT GRANT AGREEMENT NO. 19786 WITH THE STATE OF OREGON. Councilor Chadwick introduced Council Bill 2413. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final Page 6 - Council Meeting Minutes, August 26, 2002 COUNCIL MEETING MINUTES AUGUST 26, 2002 TAPE READING passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2413 duly passed. 2920 LIQUOR LICENSE APPLICATION: La Sierra Mexican Restaurant. A liquor license application was submitted by Felix Lopez-Arcechiga for a full on- premise sales license at his establishment located at 553 N. Front Street. FIGLEY/SIFUENTEZ... approve a compliance plan as a condition of approval for a liquor license for La Sierra Mexican Restaurant and approve a conditional full on-premise liquor license for La Sierra Mexican Restaurant. The vote was 5-1 with Councilor Nichols voting nay. 2973 BID REJECTION : HIGHWAY 214 SIDEWALK CONSTRUCTION - PHASE 1. Staff recommended the rejection of the only bid that was received for this project in the amount of$755,027.80 which was substantially higher than the engineer's estimate of $508,265. Staff has been in contact with ODOT regarding the bid amount and further discussions will be held with ODOT on financing and design issues. A project design that meets ODOT approval will be prepared and the City will call for bids based on the agreed upon project design. FIGLEYINICHOLS... reject all bids received August 6, 2002 for Highway 214 sidewalk construction Phase I. The motion passed unanimously. Administrator Brown stated that this project is the sidewalk work that was going to be done on both sides of Highway 214 in the area ofthe crossing at the high school. This is a combination project being funded by ODOT, the City, and the School District. This particular bid rejection reflects a bid on the City's portion ofthe work that was to be completed during this fall. He did not feel that it would involve much project re-design but it is hoped that bid timing will generate a larger competitive pool. This delay will result in the sidewalk being constructed in the early spring which will be closer to the time frame in which the State will complete the paving during the summer months. 3150 MARION COUNTY GROWTH MANAGEMENT FRAMEWORK. Mayor Jennings stated that he had read the letter in depth and agreed with the contents of the letter. Additionally, he had spoken to Commissioner Franke on this issue and let him know that the Council did not feel that they had been given a chance to provide input. It was his understanding that other cities in the County would be attending the August 28th hearing before the Commissioners also objecting to the document. Councilor Bjelland stated that he will be attendance at the August 28th hearing and that he found some troubling statements in the material prepared by the City's consultant in that the consultants had incorrect information. For example, he challenged them on the amount of land they were showing for Woodburn and, after the consultant check their records, they found that instead of 850 acres it should have been about 50% more than Page 7 - Council Meeting Minutes, August 26, 2002 COUNCIL MEETING MINUTES AUGUST 26, 2002 TAPE READING that acreage. If Woodburn grows to the amount of population that is being discussed, the amount of land under the consultant's assumptions to expand the urban growth boundary is significantly higher than what the letter currently states. He also stated that some of the demographic projections were incorrect based on the census data that has been released. He felt that there are some very legitimate issues that have been raised with the letter and concerns with the framework as it is structured. In his opinion, further discussion of a framework that includes greater participation of the cities and their feelings on this matter take place before it is voted upon at the County level. Administrator Brown stated that he felt that the letter had been well-framed by the City's consultant and it raises a number of technical issues that the City needs to raise at the public hearing. The primary thrust of the message is that while the City wants to coordinate with the County, the City wants to do it in a thoughtful way and there is no reason to rush through this process. Councilor McCallum felt that the letter was excellent and it raises a number of issues that need to be addressed and there is no rush in judgement to be made. He agreed that the City needs to cooperate and work with the County and other cities. FIGLEY/SIFUENTEZ... authorize the Mayor to sign the attached letter to be entered into the record on behalf of the City for the Marion County Board of Commissioners hearing on August 28,2002. The motion passed unanimously. 3810 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that materials needed to conduct his performance evaluation will be distributed to the Mayor and Council later in the week. This evaluation will be scheduled for the second regular meeting in September. 3888 MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that, while visiting the State Fair, he had been told by a number of people that the Oregonian had written a rather derogatory article on W oodbum and he wanted to assure the public that it is safe to go to downtown Woodburn. Councilor Figley stated that she felt the article was similar to what the Oregonian has printed on a regular basis. She reiterated that she walks regularly in the downtown area and has never experienced any problems. Councilor McCallum stated that he enjoyed the opening celebration for Safeway and Wells Fargo bank. At this celebration, the Police and Fire Departments had equipment on display for the public to view. Councilor Sifuentez stated that the Community Center Planning Committee had spent a lot of time on this project and she thanked them for their dedication and willingness to come up with a plan that would provide a facility to meet community needs for the least amount of money. Councilor Chadwick stated that she also enjoyed the opening the Safeway store. Page 8 - Council Meeting Minutes, August 26, 2002 COUNCIL MEETING MINUTES AUGUST 26, 2002 TAPE READING 4508 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)( d). FIGLEY/MCCALLUM... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The meeting adjourned to executive session at 8:08 p.m. and reconvened at 8:28 p.m.. 4540 Mayor Jennings stated that no decisions were made in executive session. 4588 ADJOURNMENT. FIGLEY/MCCALLUM... meeting be adjourned. The motion passed unaniously. The meeting adjourned at 8:29 p.m.. APPROVED ~~ RICHARD JENN GS, MAYOR '--'---. ATTEST a~~ City of Woodburn, Oregon Page 9 - Council Meeting Minutes, August 26, 2002