Minutes - 01/27/2003
COUNCIL MEETING MINUTES
JANUARY 27, 2003
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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