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Minutes - 03/10/2003 COUNCIL MEETING MINUTES MARCH 10, 2003 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 10,2003. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0010 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, Police Chief Russell, Finance Director Gillespie, Park & Recreation Director Westrick, City Recorder Tennant 0044 ANNOUNCEMENTS. A) Woodburn Downtown Association Annual Dinner and Auction: This event will be held at Lupita's on March 15th beginning at 5:30 p.m.. Persons interested in obtaining tickets to this event should contact Bruce Thomas. B) Celtic Music Concert: The Library will be sponsoring this concert on March 16th at 2:00 p.m. in the City Hall Council Chambers. Guest performers are harpist and multi- instrumentalist David Helfand and violinist Chad Marks-Fife. C) Open House and Workshop: The Recreation and Parks Board will hold an open house and workshop in the City Hall Council Chambers on March 20th beginning at 5 :30 p.m. to obtain public input on the Settlemier Park and Legion Park Master Plans. D) Tulip Festival: The Woodburn Tulip Festival is scheduled for March 29th through April 27th. Mayor Figley also announced that there will be a 9-1-1 Call Center Town Hall meeting in Stayton on March 18th from 6:30 pm to 8:00 pm at the Star Theater. The purpose of this meeting is to receive information on the State's legislation to consolidate 9-1-1 services within the State without providing any State funding to accomplish this consolidation. 0195 APPOINTMENTS TO PLANNING COMMISSION AND THE RECREATION AND PARKBQARD. Mayor Figley appointed Patti Grigorieff to serve on the Planning Commission in the position vacated by Larry Grosjacques with her term expiring December 31, 2004. She also appointed Estanislavo Quinones to serve in Position VI on the Recreation and Parks Page 1 - Council Meeting Minutes, March 10, 2003 <-"""~-,~,- COUNCIL MEETING MINUTES MARCH 10, 2003 TAPE READING Board with his term expiring on December 31, 2006. NICHOLS/SIFUENTEZ... approve the appointments of Patti Grigorieff and Estanislavo Quinones to the Planning Commission and Recreation & Park Board respectively. The motion passed unanimously. 0249 PROCLAMATION: GIRL SCOUT WEEK- MARCH 10-16.2003. Mayor Figley read the proclamation declaring the week of March 10-16, 2003 as Girl Scout Week within the City. 0350 PROCLAMATION: CESAR CHAVEZ DAY - MARCH 31. 2003. Mayor Figley also read the proclamation declaring March 31, 2003 as Cesar Chavez Day in recognition of his achievements during his lifetime. 0485 PRESENTATION: DRUMS OF FIRE - DONATION TO CITY HALL LANDSCAPING PROJECT. Mayor Figley stated that a landscaping project is currently in progress around City Hall utilizing funds that were appropriated during the budget process. However, some additional funds are being donated by Drums of Fire Inc, and Richard Jennings and Larry Kriegshauser were in attendance to make the presentation. Larry Kriegshauser, Drums of Fire President, recounted his involvement with the Salem Drum Corp. (Argonauts) beginning in 1982 which then led to Woodburn having its first Drum & Bugle Corp show about 15 years ago. He stated that Woodburn is the smallest City in the nation to host a Drum Corp show and this annual show has brought over 12,000 youths to Woodburn who have performed in this competition. Drums of Fire Inc. will be turning over this program to the Chamber of Commerce, however, some members of this organization will still assist the Chamber in securing funds and organizing the show. Drums of Fire Inc. has routinely given back funds to the community and to the Parks Department. For example, they have installed and paid for all of the lighting, sidewalks, handicapped access, new restrooms and snack bar at Legion Field. This year, some of the funds will go toward the City Hall landscaping project and purchasing additional bleachers at the high school. He thanked the long term members of this organization who have helped with this program each year, the Woodburn and North Marion School Districts who allow the performers to utilize the school facilities for sleeping accommodations, the merchants who have placed ads in the program booklets, and to the City for partnering with their organization over the years. Richard Jennings stated that Drums of Fire also installed the flag pole at Centennial Park. As a corporation, they are disbanning but, because of their being funded from public funds, they are required to dispose oftheir assets to non-profit organizations. Recipients of their assets will be Woodburn Together, the Woodburn and North Marion School Page 2 - Council Meeting Minutes, March 10, 2003 ~.". "._.~.....'_........._,.~o_,_.,.~".._~~__._~.__~..._._,.,"'--'__,_."~. COUNCIL MEETING MINUTES MARCH 10,2003 TAPE READING Districts, and the City. Mr. Jennings presented Administrator Brown with a check for $1,000.00 to be used toward the City Hall landscaping project. He thanked the City and staff for all of the support given to Drums of Fire over the last 15 years. Mayor Figley thanked Drums of Fire for their work in providing enjoyable entertainment to the community over the years. 1126 LIVABILITY TASK FORCE PROPERTY PRIDE AWARDS. Councilor McCallum, representing the Livability Task Force, stated that normally there is a business and a residence on a quarterly basis, however, this time they have elected to make a small change in that practice. He presented a Property Pride Award to Mid-Valley Bank for not only the pride taken in keeping up the exterior of their business but also for their welcoming interior design which includes a fireplace and comfortable easy chairs. Don Judson stated that, on behalf of his Board of Directors who had the vision to start another local bank and to his employees who make the vision a reality, he was honored to accept the award on their behalf. Councilor McCallum also presented a Property Pride Award to the Woodburn School District for their continuing efforts to maintain the school buildings and grounds in a manner that brings pride to our community. Bill Key, District Maintenance Supervisor, accepted the award on behalf of the School District. 1440 CHAMBER OF COMMERCE REPORT. Patrick Vance, representing the Chamber Board, expressed his thanks to all those who attended the Distinguished Service Awards banquet last Friday night. Upcoming events sponsored by the Chamber are as follows: 1) Business after Hours - March 13, 2003 at Silver Creek Assisted Living from 4:30 pm to 6:00 pm.. 2) Business after Hours - March 27, 2003 at Courtyard Cafe at the Woodburn Crossing Shopping Center from 4:30 pm to 6:00 pm. 3) Chamber Forum Luncheon will be held on March 19th at the Tukwila Center for Health and Medicine with the feature speaker being Jan Margosian from the Oregon Dept. of Justice who will talk about business and consumer fraud. 4) Tulip Festival will begin March 20th and end April 25th with the grand kick-off being March 29th from 12:00 noon to 4:00 pm at Woodburn Company Stores. Mr. Vance also introduced Lisa Kuznetsov, Leadership Youth Team member, who would briefly share information with the Council about the Leadership Youth program. Ms. Kuzentsov stated that she is a Junior at Woodburn High School and proud to be a member of Leadership Youth. She stated that the Team has attended numerous field trips that include speakers on a wide variety of topics relating to cultural diversity and career Page 3 - Council Meeting Minutes, March 10, 2003 COUNCIL MEETING MINUTES MARCH 10, 2003 TAPE READING development. This program has inspired her to be a step ahead in trying to do great things with her life and for her community. 1820 WOODBURN DOWNTOWN ASSOCIATION. Bruce Thomas, representing WDA, stated that the WDA annual dinner and auction will be held on March 15th and there are still a few tickets remaining. He expressed his appreciation for the support the WDA has been receiving from the community at large. Additionally, the new WDA Board will take office on March 19th. 1955 CONSENT AGENDA. A) approve the Council minutes of February 10,2003; B) accept the Library Board minutes of February 12, 2003; C) accept the Livability Task Force minutes of November 17,2002; D) accept the Planning Commission minutes of January 23,2003; E) accept the Planning Commission minutes of February 13, 2003; F) receive the claims for January 2003; G) receive the Building Activity Report for February 2003; H) receive the Planning Tracking Sheet dated March 3, 2003; I) receive the Library monthly report for February 2003; J) receive the Notice of Street Closure for February 11, 2003; and K) receive the Oregon Medical Assistance Program Brokerage report. NICHOLS/BJELLAND.... adopt the consent agenda as presented. The motion passed unanimously. 2050 PUBLIC HEARING: 2002-03 SUPPLEMENTAL BUDGET. Mayor Figley declared the public hearing open at 7:35 p.m.. Finance Director Gillespie stated that the supplemental budget would adjust the beginning fund balance to actual amounts for all funds in which the variance was greater than $10,000. The majority of the beginning fund balance increases were attributable to system development charges. In the General Fund, the beginning fund balance was less than budgeted since the T &E service fees were miscalculated in both the 2001-02 and 2002-03 budgets. Also in the General Fund, property taxes to be collected will be less than budgeted. Other revenue adjustments in the General Fund include receipt of Qwest franchise revenues, police service grant funds, police records management agreement fees, Teen Scene grant, planning fees, and Periodic Review planning grant. Even though the supplemental budget includes adjustments for many of the City's funds, the General Fund was the area that had the most changes in both revenues and expenditures. The Budget Committee had met and reviewed the proposed supplemental budget during their mid-year review work session. It was noted that, after all revisions have been made, the General Fund Contingency has been reduced from the 10% level to 7.3%. Page 4 - Council Meeting Minutes, March 10, 2003 COUNCIL MEETING MINUTES MARCH 10,2003 TAPE READING No one in the audience spoke either for or against the proposed supplemental budget. Mayor Figley declared the public hearing closed at 7:38 p.m.. 2379 COUNCIL BILL 2436 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2002-03. Councilor Sifuentez introduced Council Bill 2436. 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 2436 duly passed with the emergency clause. 2480 COUNCIL BILL 2437 - RESOLUTION ESTABLISHING A PUBLIC HEARING DATE FOR THE VACATION OF A PUBLIC UTIILITY EASEMENT. Council Bill 2437 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 2437 duly passed. The public hearing will be held before the Council on April 14, 2003 at 7:00 p.m.. 2544 POSITION ALLOCATION - AQUATIC CENTER. Staff recommended that two part-time positions be reclassified as Special Projects Program Managers with one of the positions to coordinate the water safety program and the other position to coordinate all water fitness programs. This request would not increase the number of staff members but it would reduce the number of temporary employee allocation and increase the full-time equivalent allocation. It was noted that one individual on staff is already coordinating the water safety program and another individual would be promoted to coordinate the water fitness program. There is no immediate negative fiscal impact, however, one of these positions will be eligible for 2 more 5% step adjustments over the next two years. NICHOLS/BJELLAND... approve the allocation of two part-time Special Projects Program Manager positions within the Aquatic Center and reduce the temporary employee allocation from 8 to 7 full-time equivalents. The motion passed unanimously. 2774 LIQUOR LIC~NSE APPLICATION: W AL-MART STORE #1793. The Police Chief recommended that a favorable recommendation be forwarded to OLCC to allow off-premise sales of liquor which, under the license type, includes distilled spririts, malt beverages, wine, and cider. BJELLAND/MCCALLUM.... approve an Off-Premise Sales liquor license for Walmart Stores, Inc., Woodburn. Councilor Bjelland questioned what type of alcohol is covered under distilled spririts. Page 5 - Council Meeting Minutes, March 10, 2003 COUNCIL MEETING MINUTES MARCH 10, 2003 TAPE READING Chief Russell stated that distilled spirits should not have been included in the list of alcohol that can be sold under an off-premise sales license since only OLCC agency stores can sell distilled spirits within the State. On roll call vote, the motion passed 5-1 with Councilor Nichols voting nay. 2982 COUNCIL GOALS - CITY FACILITIES. Administrator Brown's staff report summarized the discussions held during the March 3, 2003 goal setting workshop relating to City facilities. By consensus, the following bullet points were agreed upon: · Plan and organize for the construction of a new Police Facility · Continue effort to build a new Community Center . Evaluate and develop recommendations for Library space needs · Sell surplus City properties · Complete Parks master planning activities . Evaluate long-term site requirements for Public Works corporation complex NICHOLS/MCCALLUM... adopt the additional goal activities for 2003-05 reflecting the consensus reached on March 3, 2003 regarding City facilities. The motion passed unanimously. 3030 DRAFT LETTER SUPPORTING WILLAMETTE VALLEY RAILWAY'S REQUEST FOR FEDERAL FUNDING. Mayor Figley stated that, as Mayor and a Board member of the Cascade Scenic Railway, she had been asked to bring this draft letter before the Council to see if there was a willingness on the part of the Council to support Willamette Valley Railway's request for federal funding to upgrade the rail line from Woodburn to Stayton. The owner of the line, David Root, has been making some improvements, however, to bring the line up to the standards needed for the operation of the Cascade Scenic Railway plus some increased freight traffic, it requires a substantial amount of money. Mr. Root has requested $990,000 from the federal government and is asking the City for letters of support of his application to be sent to our congressional delegation. NICHOLS/SIFUENTEZ.... authorize Mayor to execute the letters to the appropriate people. Councilor McCallum questioned if the City has, in the past, provided support to private businesses in seeking money from government sources. Administrator Brown stated that he has not had any experience with doing that in the past here in Woodburn, however, he has done similar types of things in other agencies since this type of improvement would assist the community and provide economic development stimulus. Page 6 - Council Meeting Minutes, March 10, 2003 ---..---+---- COUNCIL MEETING MINUTES MARCH 10, 2003 TAPE READING Mayor Figley stated that the Council had previously passed a Resolution in support of the Cascade Scenic Railway project. The motion passed unanimously. 3372 Mayor Figley stated that an additional Business Agenda item was placed before the Council at the start of this meeting relating to the Oregon Public Employees Retirement System contribution rates scheduled to go i.nto effect July 1,2003. Due to its importance, she gave the Councilors a few minutes to read the following documents: 1) Memo from City Attorney involving the conflict of interest issue on the PERS Resolution; 2) Letter from League of Oregon Cities regarding challenges to 2003 PERS Rate Order; and 3) Council Bill 2438 authorizing the filing of an appeal on behalf of the City of the February 11, 2003 PERS Board decision regarding contribution rates. Administrator Brown stated that the Council had discussed this at their January 27th meeting but, at that time, the League of Oregon Cities did not have the challenge paperwork together since the PERS Board did not act on this issue until February 11 tho Staff has drafted a new Council Bill that includes all of the items that need to be authorized in order for the City to join in the challenge. Some concern had been expressed regarding potential conflict of interest which is why the City Attorney's memo has been put before the Council. City Attorney Shields stated that almost everyone involved in trying to reform the PERS system are members ofPERS. Additionally, it is the Government Standards and Practices Commission that would govern conflict of interest and, in this case, his memo is intended to help the Council to individually decide ifthey had a conflict. At most, he feels that a potential conflict would exist with Councilors currently under or retired from the PERS program but ultimately the decision lies with the Commission. He clarified the difference between an actual conflict of interest and a potential conflict of interest. An actual conflict would be a definite benefit and the Councilor or Mayor would not be able to participate on that issue. A potential conflict would still allow the Councilor or Mayor to participate and vote on the issue. Councilor Cox questioned if the attorneys representing the cities on this challenge would be able to handle Woodburn's interest since, for the most part, our employee's pay the 6% pickup rather than it being paid by the City. Attorney Shields stated that the firm of attorneys will be able to handle the City's interest. Page 7 - Council Meeting Minutes, March 10, 2003 COUNCIL MEETING MINUTES MARCH 10, 2003 TAPE READING 3946 COUNCIL BILIr 2438 - AUTHORIZING THE FILING OF AN APPEAL ON BEHALF OF TIfE CITY OF WOODBURN OF THE FEBRUARY 11.2003 OREGON PUBIrIC EMPLOYEE RETIREMENT SYSTEM BOARD DECISION. Council Bill 2438 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. Councilor Bjelland announced that, as a current member of PERS, there is a potential conflict of interest but, due to the fact that the class is so large and that all governmental employees are included who are members of PERS, he does not feel that it is an actual conflict of interest and it would not influence his ability to vote on this issue. Councilor Sifuentez declared a potential conflict since she is a current member ofPERS. Councilor Veliz declared a potential conflict of interest since he is also a member of PERS. Councilor McCallum also declared a potential conflict of interest even though he is a retired member of PERS and does not feel that it would influence his ability to vote on this issue. He stated that the system needs to be looked at but it is also necessary to watch out for the interests of not only our taxpayers but also our employees. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2438 duly passed. 4226 Councilor Sifuentez left the meeting at 8:10 p.m. since she had been called back to her office. 4245 PLANNING COMMISSION / ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's approval of a design review proposal (DR 02-13) for an ATM Kiosk at Wells Fargo Bank, 1539 N. Pacific Highway. No action was taken by the Council to bring this proposal before the Council for review. 4290 MAYOR AND COUNCIL REPORTS. Councilor Nichols congratulated the Distinguish Service Award (DSA) recipients for all of their achievements and work within our community. After attending this function, he also saw the need for a new community center which would provide a facility large enough to hold large meetings and community functions. Councilor Veliz echoed the Mayor's comments in the proclamations for Girl Scout Week and Cesar Chavez Day. He, along with his family, have benefitted from the Girl Scout organization and from the work done by Mr. Chavez. He also urged the public to attend the Open House on the Park master plans so that their ideas can be voiced and considered by the Board and Council in the development of the plans. Councilor McCallum also congratulated the DSA winners and commented on how 3 out of the 8 recipients were W oodbum High School graduates that have stayed in, and contributed to, the community. He also congratulated Warde Hershberger who received Page 8 - Council Meeting Minutes, March 10, 2003 COUNCIL MEETING MINUTES MARCH 10, 2003 TAPE READING a 40-year award from the Woodburn Fire District at their recent annual awards dinner. Lastly, he stated that the High School Teen Scene Center at Legion Park had recently opened and the attendance at the Center has been in excess of their expectations. The middle school Center will open on March 31 sl at Settlemier Park. Councilor Bjelland provided the Council with an update on the most recent Mid- Willamette Area Commission on Transportation (MW ACT) Region II meeting relating to problems Oregon faces in funding large scale transportation projects through the traditional STIP funding process. This was the first meeting on this subject and they anticipate future meetings to see if they can develop a strategy that will be looked upon by the Oregon Transportation Commission as a pilot project to see if this type of strategy can be worked out with other Regions in the State. In another matter, MW ACT went through another process to select which projects would be earmarked projects under the upcoming OTIA funding mechanism through the federal government. The three projects they earmarked were 1) Newberg-Dundee, 2) Woodburn Interchange, and 3) Polk County interchange. None of the 3 projects were selected by ODOT to go before the Oregon Transportation Commission as recommended earmarked projects. The legislature is also experiencing problems relating to the decaying nature of Oregon bridges which will cost, based on a preliminary analysis, $4.7 billion over the next 20 to 30 years. The legislature is working on funding mechanisms to address both the bridge problem and the State's inability to keep up with transportation improvements. Mayor Figley stated that Councilor Cox has expressed an interest in being Councilor Bjelland's alternate at MW ACT. Councilor Bjelland stated that he would announce at the next MW ACT meeting that Councilor Cox is his alternate. Mayor Figley stated that she had enjoyed the DSA dinner and felt that the recipients were an exceptional worthy group. She also enjoyed the facility and hospitality at Country Meadows. In regards to the interchange issue, the environmental study has begun and, over the next few weeks, she will be a member of a Focus Group that will provide input on the study. 5806 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS I 92.660(h), ORS 192.660( 1 )(f), and ORS 192.660(1)( d). NICHOLS/BJELLAND... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The meeting adjourned to executive session at 8:28 p.m. and reconvened at 9:10 p.m.. Page 9 - Council Meeting Minutes, March 10, 2003 COUNCIL MEETING MINUTES MARCH 10, 2003 TAPE READING 5857 Mayor Figley stated that no actions were taken by the Council during the executive session. She also stated that the notice was broader than it needed to be and the only item discussed was under ORS 192.660(1)( d). 5930 ADJOURNMENT. MCCALLUM/BJELLAND... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:12 p.m.. APPROVE ATTEST fJ1~ ~ Mary Ten ant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, March 10, 2003 ....-..,~.........._~...