Loading...
Minutes - 01/26/2004 COUNCIL MEETING MINUTES JANUARY 26, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 26, 2004. 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 Absent Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Police Chief Russell, Public Works Director Tiwari, Finance Director Gillespie, Community Development Director Mulder, Parks & Recreation Director Westrick, Public Works Manager Rohman, Sf. Engineering Technician Scott, City Recorder Tennant Mayor Figley stated that Councilor Cox was out of town on vacation. 0062 ANNOUNCEMENTS. A) Budget Committee will hold a mid-year budget review worksession on Saturday, January 31, 2004, 9:00 a.m., in the City Hall Council Chambers. B) City Hall is a designated Marion County ballot drop site for the statewide Special Election. Ballots can be placed in the drop box during regular business hours and, on February 3,2004 (Election Day), City Hall will be open until 8:00 p.m.. C) Public hearing on the proposed Sign Ordinance will be held before the Woodburn City Council on Monday, February 23,2004, at 7:00 p.m.. D) Public hearing on the proposed Boones Ferry Road LID will be held before the Woodburn City Council on Monday, February 23,2004 at 7:00 p.m.. E) Mayor Figley stated that there is one more position to fill on the Library Board and she requested that interested citizens submit an application to her for consideration. Mayor Figley also stated that there may be an opening on either the Planning Commission or Budget Committee and she encouraged citizens who are interested in either of those committees to submit an application to her for consideration. LIBRARY BOARD APPOINTMENT. Mayor Figley appointed Neal Hawes to the Library Board with his term to expire on December 31, 2007. MCCALLUMNELIZ... approve the appointment of Neal Hawes to Position IV on the Library Board. The motion passed unanimously. Page 1 - Council Meeting Minutes, January 26,2004 .----""T- .. COUNCIL MEETING MINUTES JANUARY 26, 2004 TAPE READING 0197 PRESENTATION: CERTIFICATES OF ACCOMPLISHMENT TO EAGLE SCOUT MEMBERS. Mayor Figley stated that the rank of Eagle Scout does include a public service component and, in her opinion, community service is always praiseworthy. She expressed her appreciation to each of the Scouts for their work of which they, along with their family and friends, can be proud of and the community can be grateful for. Mayor Figley presented Certificates of Accomplishment to the following Eagle Scouts: 1) Brock Nelson - assisting the Woodburn Family Crisis Center by holding a clothing drive and providing some picnic tables; 2) Kyle Pippert - whitewashed a fence at the Champoeg State Park Visitor Center; 3) Adam Hassell - constructing a play structure at Burlingham Park in West Woodburn; and 4) Steven Pister - updating the landscaping on the south end of City Hall. She stated that trees at Centennial Park have been planted in honor of Adam Hassell and Steven Pister for the work they did on City property. 0558 PRESENTATION: 2002-03 AUDIT REPORT. Finance Director Gillespie stated that the City had, once again, received an unqualified opinion on its financial statements from our auditors. To the best of everyone's knowledge the City has received an unqualified opinion which shows that City management has made a commitment to good internal controls and budgetary controls. The Governmental Accounting Standards Board (GASB) changed the way governments reported their financial operations (GASB 34) with the intent being to make the reports more user friendly and accessible. The conversion took City staff about 18 months to complete during which time the financial accounting practices were changed at the beginning of the fiscal year 2002-03 and the City's fixed assets were appraised by an outside appraiser to account for all of the fixed assets as required under GASB 34. The City's auditors also assisted in this process by identifying areas to be corrected before their field work began in auditing the financial records. Copies of the 2002-03 audit report were distributed to the Council. Doug Partham, Certified Public Accountant (CPA) with the firm Boldt Carlisle, stated that the staff report does a excellent job in summarizing the annual financial report for the City. This was the year for implementation of GASB 34 and it is a task that required a lot of work on the City's part. GASB 34 was so wide sweeping to government that the implementation was staged over 3 years depending upon the size of the governments. W oodbum was in the second of the three groups to implement GASB 34 and the remaining smaller governments will implement GASB 34 in the current fiscal year. He proceeded to review the various financial statements and the difference between the current and prior year statements. Brad Bingenheimer, CPA, stated that the audit report also includes auditor comments as required under state law for the purpose of providing information to the State as to the Page 2 - Council Meeting Minutes, January 26,2004 -~.--T-' COUNCIL MEETING MINUTES JANUARY 26, 2004 TAPE READING City's fiscal responsibility. 1n general, there are no adverse comments other than a few minor budgetary items. It was noted that all of the City's accounting and internal controls were good based on a number of issues that they take into consideration such as size of the City and type of operational activities. Within the document there are additional comments made by the auditors addressing federal requirements and compliance with large federal programs. 1850 Mayor Figley expressed her opinion that the document seems to be more understandable than prior documents. Councilor McCallum also expressed his pleasure in the audit report and the financial condition of the City. Councilor Nichols felt that audit report shows that the staff is doing an excellent job for our community. 1994 Sam Brentano, Marion County Commissioner, stated that he was recently appointed to serve as Commissioner and he has made a commitment to meet with governmental bodies from each of the 20 cities within the county. He stated that he was Mayor of Sublimity for 10 years from which he gained a unique perspective on local government and hopefully be able to help cities as problems arise. Recently, he attended the Metro meeting with Administrator Brown in an effort to convince Metro that the proposed urban growth boundary line should not extend past the Willamette River. He reiterated that he wants to make himself available to the City to assist in anyway he can. Councilor Bjelland stated that Commissioner Brentano will be the Marion County representative on MW ACT. He welcomed his participation on that commission and encouraged Commissioner Brentano's support of traffic needs for Woodburn and North Marion County. Councilor McCallum also stated that Commissioner Brentano is a graduate from Woodburn High School and he is proud of what Mr. Brentano has done in the business world. 2271 CHAMBER OF COMMERCE REPORT. Patrick Vance, representing the Chamber Board, thanked Councilor McCallum for mentioning at the last meeting that the Mayor was giving her "State of the City" report at the last Chamber Forum. Upcoming Chamber events include: 1) 50th Annual Distinguished Service Awards dinner will be held on Friday, March 12th. Nominations are being accepted by the Chamber and the public is encouraged to bring forth names of persons who work to make Woodburn the special place it is. 2) Greeter's Program on January 30th will be held at Tukwila Center for Health and Medicine concerning the Relay for Life event which has been nationally recognized by the Cancer Society. On February 6th, the Greeter's Program will be held at Prudential Real Estate Professionals on Highway 214 and 99E. The Greeter's Program begins at 7:30 a.m. and concludes around 9:00 a.moo Page 3 - Council Meeting Minutes, January 26, 2004 -.----~-T~ COUNCIL MEETING MINUTES JANUARY 26, 2004 TAPE READING 3) Business After Hours will be held on February 12, 2004 at the Woodburn Pet Hospital on Evergreen Road from 4:30 p.m unti16:00 p.m.. 4) Lastly, the Chamber has scheduled 2 one-hour programs on Overall Safety and Safety Programs for Small Business to be presented by OSHA trainers. These programs will be held during the lunch hour (12:00 -1 :00 p.m.) and there is no charge to attend. The first session will be held on February 6th and the second session on February 20th. 2591 WOODBURN DOWNTOWN ASSOCIATION REPORT. Jose Parra, WDA Board member, expressed his support for the ordinance relating to the February 14th celebration in the downtown parking lot. 2673 Richard Jennings, 595 Filbert Street, stated that at the last meeting he had complimented the Mayor, Council, and staff on the work they had done last year. However, he realized after the meeting that he had forgotten to include the Library Director and City Recorder in his list of staff members being complimented. 2796 CONSENT AGENDA. A) approve the regular and executive session minutes of January 12,2004; B) accept the Library Board minutes of December 10,2003; C) accept the Library monthly report for December 2003; D) accept the audit report for fiscal year 2002-03; and E) accept the Police Department Statistics for the period of January 2003 through November 2003. Councilor McCallum commented on the Police statistics reporting that 226 curfew violations occurred during that period oftime which shows that the curfew law is being enforced by our department. Additionally, another statistic that seemed impressive was the number ofDUII arrests (127). He questioned Chief Russell on the line item entitled "Fugitives for Other Agencies" since it totaled 433. Chief Russell stated that warrants are carried by other courts and any person arrested on a warrant is an outside entity warrant. MCCALLUM/NICHOLS... adopt the consent agenda as presented. The motion passed unanimously. 3040 COUNCIL BILL 2494 - ORDINANCE ANNEXING 1.15 ACRES OF PROPERTY LOCATED NORTH OF AZTEC DRIVE AND EAST OF NORTH PACIFIC HIGHWAY 99E AT 600 AND 610 NORTH PACIFIC HIGHWAY: AND GRANTING A ZONE CHANGE FROM MARION COUNTY CR (COMMERCIAL RETAIL) TO CITY CG (COMMERCIAL GENERAL). Councilor Sifuentez introduced Council Bill No. 2494. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll Page 4 - Council Meeting Minutes, January 26, 2004 -T'- COUNCIL MEETING MINUTES JANUARY 26, 2004 TAPE READING call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2494 duly passed. 3203 COUNCIL BILL 2495 - ORDINANCE PROHIBITING PUBLIC PLACE PARKING IN A PORTION OF THE DOWNTOWN AREA TO PREVENT INTERFERENCE WITH OPERATION OF THE 2004 FEBRUARY 14TH CELEBRATION AND PROVIDING CIVIL ENFORCEMENT. Council Bill 2495 was introduced by Councilor Sifuentez. The two readings of the bill were read by title only since there were no objections from the Council. Councilor Bjelland questioned the need for the ordinance rather than just closing the parking lot. Administrator Brown stated that the ordinance gives the City the ability to issue citations or tow vehicles if necessary to clear the parking area which will be used for the celebration. This is the first year for this event and the Downtown Merchants have indicated a desire to put on periodic events using the area what will eventually be known as the plaza. There is a partnership and affiliation between the merchants and the Downtown Association. Staff has also asked the merchants to approach the WDA to provide the indemnification that is necessary to protect the City. The City will not be providing insurance which is why either the merchants or WDA need to have the coverage. On roll call vote, the motion passed unanimously. Mayor Figley declared Council Bill 2495 duly passed. 3569 COUNCIL BILL 2496 - RESOLUTION ENTERING INTO AN AGREEMENT WITH NETASSETS CORPORATION FOR THE PURPOSE OF PROVIDING ON-LINE LIEN SEARCHES. Council Bill 2496 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. Mayor Figley stated that she regularly use the services ofthis company in her work and she finds them very user friendly and the fees they charge are passed on to the person initiating the transaction. On roll call vote for final passage, the motion passed unanimously. Mayor Figley declared Council Bill 2496 duly passed. 3776 COUNCIL BILL 2497 - RESOLUTION OF INTENT TO IMPROVE BOONES FERRY ROAD FROM STATE HIGHWAY 214 TO GOOSE CREEK. ADOPT THE LOCAL IMPROVEMENT DISTRICT. ADOPT THE METHOD OF ASSESSMENT. AND ESTABLISH A PUBLIC HEARING DATE. Councilor Sifuentez introduced Council Bill 2497. The bill was read by title only since there were no objections from the Council. Public Works Director Tiwari stated that the proposed local improvement district project Page 5 - Council Meeting Minutes, January 26,2004 -----,-----..'"'-. -,.-.,-..... COUNCIL MEETING MINUTES JANUARY 26, 2004 TAPE READING would begin approximately 50 feet north of Highway 214 to the improved area at Goose Creek. He summarized the proposed project improvements which includes additional traffic lanes going to the south and one lane of traffic going to the north, undergrounding of utility lines, sidewalks, and bikelanes. There will be some trees removed on the west side ofBoones Ferry Road, however, trees will be replaced after the project is completed. The calculation method in determining the costs to each property owner involve trip generation (60%), front footage (20%), and lot area (20%). Credits will be given to three property owners for existing improvements along Boones Ferry Road. The estimated cost of the project is $511,324 of which the City's funding support is $243,000 and the proposed assessment to benefitted properties is $268,324. Property owners will be offered the opportunity to pay for their assessments under the Bancroft Bonding program with the interest rate estimated at 6%. If the project moves forward, the estimated assessments will be the maximum amount property owners will pay and the City will pick up the difference in cost if the project cost exceeds the estimate. Staff plans on meeting with the property owners to update them on the project prior to the February 23rd meeting. Councilor Bjelland stated that the cost per square foot listed in the proposed resolution under Section 7(D)(3) calculates to $.017 per square foot instead of $.03 per square foot. Director Tiwari stated that if there is an error in the calculation, staff will correct the calculation, however, the amount of dollars to be assessed is correct. Councilor Veliz questioned if publicly owned property is treated the same as privately owned property. Director Tiwari stated that the City's past practice has been to authorize the estimated assessment at a maximum amount so that property owners know that they will not pay any more than the estimate for the improvement. Property owners, whether public or private, are all treated the same in determining the cost to individual properties. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2497 duly passed. The public hearing will be held on February 23,2004 at 7:00 p.m.. 0639 FISCAL YEAR 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS. NICHOLS/SIFUENTEZ... approve acceptance of the grant funds in the amount of $7,793.00. Chief Russell stated that the City has received local law enforcement block grant funds from the federal government for several years, however, those funds have been reduced to some degree now that they are being handled through the office of the State Police. The City applied for $7,793 for the purpose of purchasing one of the City's leased police vehicles which is about to be returned. This vehicle has less than 40,000 miles and it will be completely outfitted for under $10,000. The intent is to use this vehicle for the School Resource Officer and other details that do not have a marked unit available. The motion passed unanimously. Page 6 - Council Meeting Minutes, January 26,2004 y COUNCIL MEETING MINUTES JANUARY 26, 2004 TAPE READING 0807 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's approval of Zoning Adjustment 03-05 (property located at 1303 Umpqua Road): Zoning adjustment allows for a fence height of 62 inches measured from grade to be located on the property line adjacent to Astor Way. No action was taken by the Council on this zoning adjustment approval. 0839 CITY ADMINISTRATOR'S REPORT. A) Completion of Sidewalk along Highway 214: Administrator Brown stated that he had executed an agreement with ODOT regarding the construction of a sidewalk along Highway 214 from Nuevo Amanecer housing development to Park Avenue on the south side and from Meridian Drive to the high school pedestrian crossing on the north side. The intergovernmental agreement provided for the City to pay $176,000, the School District $106,000, and the balance to be paid by ODOT. Of the City's share, $62,000 was associated with the construction ofa pedestrian bridge to provide a safe crossing at the creek and take pedestrians away from the highway area. ODOT has now completed another study associated with this project and it has been determined in the geo-technical report that the sub-surface peat soil conditions will require the placement of retaining walls on the backside of the sidewalk in order to keep the sidewalk from going downhill into the creek bottom. Alternatives offered by the State were to 1 )move the sewer lines or 2) agree to a proposal that moves the sidewalk up to the edge of the road surface for an area of approximately 500 feet in the vicinity of the creek crossing. Due to the expense of moving the sewer lines and concern about working in the wetland environment, staff is recommending the sidewalk be placed near the edge of the road surface. In order to provide a safe separation between vehicular traffic and pedestrians at the creek crossing, ODOT regulations require a solid barrier. ODOT is proposing a continuous concrete barrier of approximately 2 feet wide and 3 feet high. Even though this is not the most attractive separation, it should provide a greater level of safety to the pedestrian. He has told ODOT that the City will settle on the placement of the sidewalk next to the roadway with the placement of the concrete barrier as a means of separating the pedestrians from the traffic. Councilor Nichols expressed concern with youth trying to jump the concrete barrier rather than going to the designated crossing. Administrator Brown stated that he looks at the barrier as a means of pedestrian safety and the City will continue, through education and some level of enforcement, to impress upon the youth that they need to stay on the pedestrian side of the barrier and to use the crossing in order to get to the high school. Councilor Veliz stated that the biggest concern is for pedestrian safety and the barrier may not be attractive but it will provide some level of safety to pedestrians. Administrator Brown also stated that there will be plenty of room on Highway 214 for bicyclists rather than their using the sidewalk. Page 7 - Council Meeting Minutes, January 26,2004 ----.-.- -'--y-- ,------ COUNCIL MEETING MINUTES JANUARY 26, 2004 TAPE READING Councilor Bjelland expressed his hope that this will be a temporary solution in the hope that Highway 214 will be widened in the future and the barrier may be cost effective in the event the sidewalk is moved once a long term final solution has been determined by ODOT. Administrator Brown also stated that ODOT is trying to meet a March bid date on this project with construction to begin in the early summer and completion by November 2004. B) Metro Meeting regarding potential boundary expansion: Administrator Brown stated that he was pleased to join the Marion County Commissioners at the recent meeting with Metro and he presented the letter he wrote on behalf of the Council expressing the City's concerns on the proposed expansion of the urban growth boundary south of Wilsonville. Points brought out during the meeting pertained to the protection of farmland, protection of the University field station, and economic development in the W oodbum area. He reviewed comments he made to Metro on (1) the need to provide economic opportunity in W oodbum on a strong regional or state economy and the sharing of economic wealth, (2) the City's urban growth boundary desires and the need to add industrial land to provide enhanced employment opportunities to meet anticipated growth and raise the standard of living, and (3) the City's desire to protect the industrial land that will be brought in so that it does not get converted to commercial land. By June 30th, Metro will have finished their deliberations and there will be more opportunities to comment on this issue if the City so desires. C) Transient Occupancy Grant: Administrator Brown stated that this will be the third year for this grant and applications have been received from organizations interested in securing grant funds. The Council has a set of guidelines established on how grant funds should be used and a process has also been followed in previous years to evaluate proposals. This year, he has had difficulty getting the group of evaluators together and it has created some anxiety with the applicants since they have not been able to make their presentation. Even though the method used in past seems to be the preferred method of the Council, other methods that could be implemented include allowing City staff to evaluate the applications or having two Councilors listen to the applicant's presentations and then making a recommendation to the full Council. Councilor McCallum expressed his opinion that an outside evaluation as the City has done in the past is the method that should be used in determining grant funding. Mayor Figley agreed with comments made by Councilor McCallum and even though not receiving funds at the beginning of the calendar year may be hardship, the grant program was never intended to be full funding for any of the parties asking for the grant. Administrator Brown stated that he hoped to get the evaluation group together within the next week or so and come back to the Council at their next regular meeting with a Page 8 - Council Meeting Minutes, January 26,2004 "'--"T~ COUNCIL MEETING MINUTES JANUARY 26, 2004 TAPE READING recommendation. If he is unable to get the three people together that he has worked with in the past, staff may need to try and find a substitute regardless of their affiliation with the Chamber of Commerce. Councilor McCallum urged the Administrator to try and not have any of the evaluators member of the Chamber since the Chamber is an applicant. Councilor Bjelland suggested that it may be advantageous to have someone from outside the local area that is knowledgeable about tourism with the two other evaluating members within our local area. Administrator Brown reiterated that it is his intention to get a group of people together within the next two weeks in order to move forward with the decision making process for this grant program. It was the consensus of the Council to continue to follow the process used in the past even though there may be a delay in disbursing funds to the grant recipient(s). D) Administrator Brown stated that he had attended the "New Partners for SMART Growth" conference held in Portland last week. He provided a briefreport on the topics discussed during this national conference which included safety and security, diversity, social equity, and housing issues. E) Administrator Brown expressed his appreciation to staff members Matt Smith and Paulette Zastoupil for their work in getting the agenda packet out last Friday while he was out of the office attending the conference. 3242 MAYOR AND COUNCIL REPORTS. Councilor Veliz expressed his appreciation to the Public Works staff in their continued clean-up efforts of damage sustained during the recent snow/ice storm. The Skate Park is now open again and the facility is being used regularly. He also expressed appreciation to the Recreation Department on the youth basketball program and he assured the Council that there is a very strong partnership between the City's Recreation Department and the School District. He has been very impressed with the staff's leadership and organizational skills and are very respectful to the participants and spectators. Lastly, he informed the public that Chemeketa Community College now has the pre-financial aid forms available for anyone who is interested in attending the school this fall and he urged college attendees to submit the forms as soon as possible. Councilor McCallum stated that Mayor Figley did an excellent job on the "State of the City" address at the recent Chamber Forum. He felt that she was well received by the audience and they seemed to be comfortable with the direction of the City. Councilor McCallum also stated that he had attended the last Fire Board meeting and received a tour of the new Fire station which is still scheduled for completion by April 15, 2004. The facility and new equipment should meet the needs of our community for the next 20 years. Page 9 - Council Meeting Minutes, January 26,2004 ~".......... ,....q,,-,_."_.._..,.,._-,~."............._~.....-..--"'~.~~.,^".,~,,~----" COUNCIL MEETING MINUTES JANUARY 26,2004 TAPE READING Councilor Bjelland stated that MW ACT may have a Councilor from Mt. Angel interested in serving on the Commission to replace the former Mayor ofMt. Angel. Councilor Sifuentez expressed her opinion that things are going very well for Woodburn and she continues to receive positive comments from community members. Councilor Nichols stated that the Mayor did an excellent job in presenting our community to the attendees at the Chamber Forum by not only reviewing the City's past accomplishments but in looking into the future of our City. Mayor Figley stated that she was proud to have been able to give the "State of the City" address and the work being done shows that the City is in for a very positive future. 4129 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority ofORS 192.660(1)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. NICHOLS/SIFUENTEZ.... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The meeting adjourned into executive session at 8:55 p.m. and reconvened at 9:07 p.m.. 4166 Mayor Figley stated that no matters were decided in executive session. ADJOURNMENT. NICHOLS/MCCALLUM.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:08 p.m.. APPRO ATTEST ~~~ Mary enn t, Recorder City of Wood bum, Oregon Page 10 - Council Meeting Minutes, January 26, 2004 "--'r- Executive Session COUNCIL MEETING MINUTES January 26, 2004 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 26, 2004. CONVENED. The Council met in executive session at 8:59 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Veliz Present Present Absent Present Present Present Present Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant The executive session was called to conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(1)(e). ADJOURNMENT. The executive session adjourned at 9:06 p.m.. ATTEST f7} 0-0L~1~ Mary Tenn t, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, January 26,2004 . '_'__,' ,__..,___ ____ ._._ '_._~_'M'_."'___'__' .