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Minutes - 01/27/2003 COUNCIL MEETING MINUTES JANUARY 27, 2003 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 27, 2003. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Veliz Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Community Development Director Mulder, Police Chief Russell, Finance Director Gillespie, Park & Recreation Director Westrick, City Recorder Tennant 0054 ANNOUNCEMENTS. A) Author Lecture and Book Signing: K.P. Burke, author of "Proof Through the Night", will be at the Woodburn Public Library on February 2,2003 from 12:00 noon to 4:00 p.m. for a book signing and lecture. Ms. Burke is an Oregon Book Award Finalist for her book about her father's experience as a B-29 fighter pilot and a prisoner of war in Japan in World War II. B) Statewide Special Election - January 28, 2003: City Hall is a ballot drop site for the statewide election. Ballots can be deposited in the ballot box during regular business hours, however, on January 28,2003, the lobby will be open until 8:00 p.m.. C) Teen Scene Programs: The High School Teen Scene program will begin on February 18, 2003 at the Legion Park facility and the Middle School program will begin on March 3,2003 at the Settlemier Park Recreation office. More information on the opening ceremonies will be announced at the next regular Council meeting. 0135 PROCLAMATION: CATHOLIC SCHOOLS WEEK. Mayor Figley proclaimed the week of January 26 through February 1, 2003 as Catholic Schools Week and requested that local citizens recognize and appreciate the contributions of the Catholic Schools and, in particular, St. Luke's School which has been in the Woodburn community for 100 years. She stated that Council President Sifuentez read the proclamation at St. Luke's this morning. Mayor Figley will be at the school on Wednesday to visit with the students. Page 1 - Council Meeting Minutes, January 27,2003 , T 1 r .. r I n COUNCIL MEETING MINUTES JANUARY 27, 2003 TAPE READING 0231 PRESENTATION: LIVABILITY TASK FORCE PROPERTY PRIDE AWARD. Councilor McCallum, representing the Livability Task Force, stated that the Task Force selects one business and one homeowner for a Property Pride Award quarterly and the homeowner recipient for the last quarter was Rosario Rios at 1445 Alexandra Avenue. His home was selected for its renovations, improvements, and its addition to the neighborhood. Mayor Figley presented the award to Mr. Rios who thanked the Task Force and City for the plaque. 0292 PRESENTATION: TAX INCREMENT REVENUE PROJECTIONS - WOODBURN URBAN RENEWAL AREA. Jeff Tashman, Urban Renewal Consultant, stated that the agenda packet includes a memo outlining a financial plan for the Urban Renewal District which will get started later this year. Money for the district will not be received until the next fiscal year and projects will begin once sufficient funds become available to secure bond financing. The projected tax increment revenue in 2003-04 is $105,099 with as much as $420,000 to be collected by the year 2007-08. Tax increment revenues received cannot be spent directly on urban renewal projects since the Oregon Constitution and statutes state that tax increment revenue can only be used to payoff debts, therefore, what is borrowed can be used to pay for projects. The projections show that approximately $80,000 in short term bonds could be purchased for as short as one day and would give the City money that they are allowed to spend instead of the tax money the urban renewal district is not allowed to spend directly. In the following year, it is projected that long term bonds could be purchased that would give the district about $1 million to do designated projects. Councilor Bjelland questioned why a long term bond could not be sold in the beginning knowing that the revenue projections will be available to pay off the bond. Mr. Tashman stated that urban renewal borrowing practice involves very little speculation from both the lender and agency board until there is a binding guarantee that the money will be collected. When long term bonds are sold, the district incurs fixed cost and it is more efficient to incur those costs when the district revenues exceed $100,000 annually. Short term bonds incur a much lower cost to the agency. He also provided information to the Council on the Shilo v. Portland case which addresses the division of urban renewal taxes. The Supreme Court decided in December 2001 that the property taxes must first be divided for urban renewal and then measured against Measure 5. As a result, tax payers within the City will see an urban renewal division of tax on their tax statement, however, the majority of taxpayers will not see an increase in the amount of taxes to be paid. It was also noted that Measure 5 does result in a small loss of revenue to the taxing districts. He stated that the next step will be to work with City Administrator Brown and staff to recommend some strategies on when the agency may want to spend some money and what might be the most effective way to use the urban renewal revenues. Page 2 - Council Meeting Minutes, January 27,2003 .---" , T , , r . 11 COUNCIL MEETING MINUTES JANUARY 27,2003 TAPE READING 1700 CHAMBER OF COMMERCE REPORT. Kristi Olson, representing the Chamber, stated that the annual Chamber dinner was held January 17th. Various awards were presented including "Member of the Year" which was presented to Bruce Thomas. She also provided information to the Council on upcoming Chamber events: 1) Business After Hours - January 30th, Lupita's Restaurant, to celebrate the downtown lighting display; 2) Business After Hours - February 13th at Woodburn Pet Hospital from 4:30 pm to 6:00 pm; 3) Chamber Forum lunch - February 19th at Tukwila Medical Center with guest speaker Senator Peter Courtney; and 4) Distinguished Service Awards dinner on Friday, March 7t\ at the Country Meadows Living facility. Nomination deadline for this award will be on Thursday, January 30th. 1836 WOODBURN DOWNTOWN ASSOCIATION REPORT. Bruce Thomas, representing WDA, stated that they were partnering with the Chamber for this special Business After Hours on January 30th to celebrate the downtown lighting display. The lights will be kept on year-round and details on how funding for the electrical costs will be explained at that time. Awards of appreciation will be given to the City, Woodburn Public Works, the Burlingham Trust, Henkes Electric, Long Bros. Building Supply, Woodburn Rental, and former Mayor Richard Jennings. The WDA appreciates all of the effort everyone put into this project. He also stated that the WDA Annual Dinner will be held on March 15th. This is the group's major fundraiser for the year and he invited everyone to attend. Councilor McCallum congratulated (1) Bruce Thomas on his Member of the Year award and (2) Kristi Olson for an outstanding year as Chamber President. 2000 CONSENT AGENDA. A) Approve regular and executive Council meeting minutes of January 13, 2003; and B) Receive the report on the Alley Sewer project. NICHOLS/BJELLAND... accept the consent agenda as presented. The motion passed unanimously. 2048 COUNCIL BILL 2430 - ORDINANCE GRANTING PORTLAND GENERAL ELECTRIC A NON-EXCLUSIVE FRANCHISE FOR 10 YEARS TO OPERATE AN ELECTRIC LIGHT AND POWER SYSTEM WITHIN THE CITY. Councilor Sifuentez introduced Council Bill 2430. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Administrator Brown stated that the PGE representative was unable to attend this Page 3 - Council Meeting Minutes, January 27,2003 , f 1 1 r I m COUNCIL MEETING MINUTES JANUARY 27, 2003 TAPE READING meeting, however, he did discuss with her issues that might be addressed at this meeting. He stated that there are about 50 cities within PGE's service area and they have been in the process of negotiating new franchises with a number of these cities. The main question she is confronted with relates to what will happen to PGE if it is sold. He stated that the City tried to address in the franchise agreement some level of assurance and continuity in City service. It has also been found that this is a matter of statewide public interest and the Public Utility Commission (PUC) regulates the manner in which transfers of ownership of utility companies take place as well as to determine when a service is going to change hands from one provider to another. The agreement does contain language with respect to the transfer of the franchise portion and will require PGE to assist the City in evaluating who they were working with so that the Council could make a more informed decision about making a transfer. There is also some continuity language that relates to any change in the operator if PGE ceases to be and it is cut up into a number of smaller providers. There is a requirement that the utility company continue to provide service so long as this is their designated service area. As a result, the City will need to be more active with the Oregon PUC ifthere comes a time when the City is concerned who PGE is selling to. Overall, there is not much change in the franchise and the City will continue to receive franchise fees and privilege taxes, and the ability to regulate what goes on within the City's rights-of-way. On roll call vote, the motion passed unanimously. Mayor Figley declared Council Bill 2430 duly passed. 2378 COUNCIL BILL 2431 - ORDINANCE DENYING COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION CASE NO. 01-03 AND ZONE CHANGE APPLICATION CASE NO. 01-07 AFFECTING PROPERTY LOCATED AT 373 GATCH STREET. Council Bill 2431 was introduced by Councilor Sifuentez. The two readings of the bill were read 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 2431 duly passed with the emergency clause. 2489 COUNCIL BILL 2432 - ORDINANCE APPROVING RESIDENTIAL ARCHITECTURAL STANDARD SUBSTITUTION APPLICATION CASE NO. 02-02 AFFECTING PROPERTY LOCATED AT 1084 COMSTOCK WAY. Council Bill 2432 was introduced by Councilor Sifuentez. Recorder Tennant read the two readings of 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 2432 duly passed with the emergency clause. Page 4 - Council Meeting Minutes, January 27,2003 .--- T .. t , )' r . n COUNCIL MEETING MINUTES JANUARY 27, 2003 TAPE READING 2688 COUNCIL BILL 2433 - RESOLUTION AUTHORIZING EXECUTION OF A MOBILE DATA SYSTEM AGREEMENT WITH CITY OF SILVERTON. Councilor Sifuentez introduced Council Bill 2433. 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 Figley declared Council Bill 2433 duly passed. 2738 COUNCIL BILL 2434 - RESOLUTION AUTHORIZING EXECUTION OF A POLICE RECORDS MANAGEMENT SYSTEM AGREEMENT WITH THE CITY OF MT. ANGEL. Council Bill 2434 was introduced by Councilor Sifuentez. 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 Figley declared Council Bill 2434 duly passed. 2825 COUNCIL BILL 2435 - RESOLUTION AUTHORIZING THE CITY TO PARTICIPATE IN THE LEAGUE OF OREGON CITIES 2003 PERS RATE CHALLENGE. Administrator Brown stated that a memo from LaC was received late Friday informing the City that the PERS Board did not adopt the final rates at their last meeting. The League is recommending that no action be taken at this time since it is unknown what final rates will be adopted by the Board and whether or not appeal action will be taken by LOC. However, Administrator Brown suggested that the Council go ahead and adopt the Resolution in anticipation of something taking place later this spring. If no action is taken by LaC, then the City will not be contributing towards the rate challenge. Council Bill 2435 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. Councilor McCallum stated that the proposed rates do have a profound effect on not only Woodburn but other cities and agencies under the PERS program. He questioned what effect the action pending before PERS would have on our employees. Administrator Brown stated that he has more knowledge about the impact on the City finances rather than the employee but, until PERS takes official action and other legal issues are decided upon, it is unknown as to the impact on the employee. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2435 duly passed. 3126 COUNCIL BILL 2436 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL COOPERATION AGREEMENT WITH THE WOODBURN SCHOOL DISTRICT FOR FACILITY USE. Council Bill 2436 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. Page 5 - Council Meeting Minutes, January 27, 2003 --. T T l r r I TI COUNCIL MEETING MINUTES JANUARY 27, 2003 TAPE READING Councilor McCallum questioned if the athletic fields of the high school are considered as playgrounds in the agreement and therefore open to the public until sunset. Director Westrick stated that the agreement includes the grounds of the elementary schools which are recognized as neighborhood parks in the City's Comprehensive Plan and there are no exceptions in the agreement that would allow closure of a specific elementary school ground. Councilor McCallum stated that the agreement states that the school grounds are tobacco- free and questioned if drug-free should be included in this statement. He also questioned if workers' compensation issues were addressed since there had been concerns in the past if a park employee was injured while doing clean-up at the school facility when a custodian was also present who could have done the work. Director Westrick stated that recreation employees working on school property are asked to only do work which is within their job descriptions. He also stated that the agreement will not provide more access to facilities rather it formalizes many informal agreements that have emerged over the last few years. Councilor McCallum stated that there is a very long history of sharing facilities between the City and School District for the betterment ofthe community. Councilor Nichols questioned if the agreement should be amended to include drug-free facilities. Director Westrick stated that the School Board has adopted the agreement as it is before the Council. He suggested a letter of understanding rather than amending the agreement itself and, when the agreement is updated, the language then be included in the new agreement. It was also noted that the agreement is in effect until it is terminated by one or both parties. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2436 duly passed. 3953 ACCEPTANCE OF PUBLIC RIGHTS-OF-WAY: ARNEY LANE. Staff recommended the acceptance of public rights-of-way from Craig Realty Group - W oodbum LLC in accordance with requirements within the Agreement Accepting Proposed Amended Conditions dated January 28,2002. NICHOLS/MCCALLUM... accept the public rights-of-way for the future extension of Arney Lane. The motion passed unanimously. 3987 ACCEPTANCE OF UTILITY EASEMENTS: HARVARD MEADOWS APARTMENTS. Staff recommended the acceptance of a water line easement from KWDS LLC in conjunction with the Harvard Meadows apartment complex. NICHOLS/MCCALLUM... accept the water line easement for the Harvard Meadow Apartments. The motion passed unanimously. Page 6 - Council Meeting Minutes, January 27,2003 ,..-. T .. --- T , 'I' r . " COUNCIL MEETING MINUTES JANUARY 27, 2003 TAPE READING 4021 POSITION ALLOCATIONS: PART-TIME TEEN SCENE STAFF. Staffrecommended the addition of part-time staff members to provide on-site daily supervision of the teen centers and other programs related to this new project which is being funded through the Woodburn Together OJJDP Drug Free Communities grant. NICHOLS/COX... allocate two part-time Program Managers and six part-time Recreation Leader positions funded through the Woodburn Together OJJDP Drug Free Communities grant. The motion passed unanimously. 4092 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's Denial of Subdivision 02-06 and Variance 02-07: Applicant W.F. Ringnaida requested subdivision of2.01 acres into 7 lots and a variance to allow for no street improvements on Ogle Street. No action was taken by the Council on the Planning Commission's decision. 4148 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez congratulated the teachers, administrative staff, and students at 8t. Luke's School for their contribution to the community. She stated that after she had read the proclamation, the students spoke about the community deeds that they have done so far this year and, in her opinion, we are growing future leaders within our community. Councilor Nichols also congratulated St. Luke's School for their active involvement within the community. Councilor Veliz thanked the Downtown Association for the lights since it has made a great improvement to the area. He also congratulated Parks & Recreation and the School Board for solidifying the partnership for use of facilities. He also thanked military personnel serving our country since many are now being called up for active duty and they, along with their families, need our support. Councilor McCallum also added his congratulations to St. Luke's School and his thanks to the School Board. In addition, he congratulated Mayor Figley for her fine presentation at the Chamber Forum on the "State ofthe City" address. Councilor Bjelland stated that he would be attending a Mid-Willamette Valley Transportation meeting on Wednesday, January 29th, to discuss with interested parties and leaders what major transportation issues the Willamette Valley faces and how to proceed with dealing with some of the bigger issues where there has been difficulty going through the traditional financing method for improvements. Also, Region II Area Commission of Transportation will be getting together to discuss strategy in dealing with big projects within Region II. This will include setting aside some portion of the traditional STIP funding process for big projects and how to deal with prioritizing and selecting those projects within Region II. This particular meeting will be held in later February or March. He briefly summarized the list of larger projects that will be addressed by the Commission and the decisions yet to be made in allocating available funding. Page 7 - Council Meeting Minutes, January 27,2003 '."~ -"r- . T , 1" r . COUNCIL MEETING MINUTES JANUARY 27, 2003 TAPE READING 4750 Councilor Bjelland also distributed some additional census information to the Council that provides a split out of household incomes in Woodburn which was briefly discussed during the goal setting workshop. Mayor Figley stated that the Goal Setting session was held last Saturday and it was very productive. A future work session will continue Mayor and Council discussion on City facilities. 4922 ADJOURNMENT. NICHOLS/MCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:15 p.m.. ///~-- ATIEST /J~~. Mary Te nt, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, January 27,2003 t T , r r I n