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Minutes - 06/28/2004 COUNCIL MEETING MINUTES JUNE 28, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 28, 2004. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0060 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Absent Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Russell, Finance Director Gillespie, Park & Recreation Director Westrick, Public Works Manager Rohman, Community Relations Officer Javier M. Perfecto, Recorder Tennant Mayor Figley stated that Councilor Bjelland was not in attendance due to illness. 0050 ANNOUNCEMENTS. A) Community Center Task Force will meet in the City Hall Council Chambers on June 29, 2004 at 7:00 p.m.. B) Lewis & Clark Discovery Box - presentation by the Army Corps will be held at the Woodburn Public Library on July 1, 2004 at 3:00 p.m.. C) Independence Day Celebration - July 4, 2004 - Activities scheduled include 1) Chuckwagon Breakfast at Legion Park (6:00 am - 10:30 am); 2) Youth Parade (2:00 pm- Settlemier Park); 3) traditional July 4'h activities following the parade to be held at Centennial Park; 4) T -ball game at Centennial Park beginning at 2:30 pm; 5) musical entertainment by Bill Coleman and the Americana Band will begin at 6:00 pm; and 6) Fireworks at Centennial Park (10:00 pm). D) City Hall and the Library will be closed on Monday, July 5th, in observance of the July 4th holiday. The Aquatic Center will be open from 12:00 noon until 5:00 p.m.. E) Music in the Park begins on July 6,2004,7:00 p.m., in Library Park. Guest performers will be the The Maharimbas performing African and Caribbean marimba musIc. F) Police Facility Open House will be held on Tuesday, July 5,2004,5:30 p.m., in the City Hall Council Chambers. G) Comical Clown and entertainer Tyler Bechtel will perform at the Woodburn Public Library on July 8, 2004 at 3:00 p.m.. Page I - Council Meeting Minutes, June 28, 2004 COUNCIL MEETING MINUTES JUNE 28, 2004 TAPE READING H) Public Hearing will be held on July 12, 2004, 7:00 p.m., to consider City Council call-up of Conditional Use 04-02 (Cash Store). 0250 APPOINTMENTS. Mayor Figley stated that the Park & Recreation Board and the Library Board each have one student appointed as a Board member. Appointments to the Boards are effective September 1" or upon resignation of the current student Board member if the resignation occurs prior to September 1 st. She appointed Cristal Sandoval to serve on the Park & Recreation Board and Yesenia Chavez to serve on the Library Board. MCCALLUM/NICHOLS... approve the appointment of Crista 1 Sandoval and Ysenia Chavez to the student positions on the Park & Recreation Board and Library Board. The motion passed unanimously. 0545 CONSENT AGENDA. A) approve the regular and executive session Council minutes of June 14, 2004; B) approve the Council work session minutes of June 7, 2004; C) accept the Planning Commission minutes of June 10, 2004; D) receive the Library Statistics report for May 2004; E) receive the Street Closure report for June 23, 2004 through July 7, 2004; F) receive the Compliance Agreement for 1024 Young Street pursuant to chronic nuisance Ordinance 2136; and G) receive the status report on the construction of a right turn lane on Highway 214 for northbound 1-5 access. NICHOLS/MCCALLUM... adopt the consent agenda as presented. The motion passed unanimously. 0620 PUBLIC HEARING - SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2004-05. Mayor Figley declared the public hearing open at 7: 12 p.m.. Finance Director Gillespie reviewed his staff report on proposed revenue and expenditure adjustments to the current budget. He stated that the proposed supplemental budget will provide for (1) the replacement ofa patrol vehicle that had been totaled in a recent accident; (2) utilization of Local Law Enforcement Block Grant funds to purchase one of the leased patrol cars; (3) purchase of a dedicated server for the Police Records Management System; (4) library shelving which was ordered in 2002-03 but not delivered until budget year 2003-04; (5) an adjustment to the Parks Maintenance budget by transferring Personnel Services appropriations to Materials & Services appropriations since the department elected to contract with a temporary agency rather than hiring an employee to perform the work; (6) increased appropriations to pay for construction expenses relating to the Chemical Separation building at the Aquatic Center; (7) Police Records Management system expansion; (8) ADA improvements to Heritage Park; (9) additional appropriations to pay for Association Building improvements; (10) Page 2 - Council Meeting Minutes, June 28, 2004 COUNCIL MEETING MINUTES JUNE 28, 2004 TAPE READING appropriations to pay for purchase of a house sold at the Sheriffs sale that had a housing rehabilitation loan outstanding; (11) correct contingency amounts to zero balance within the Special Assessment, Traffic Impact Fee Fund, Central Stores Fund, and Equipment Replacement Fund; (12) appropriation adjustment to the Water Treatment Plant Fund to pay for contractor payments during the current fiscal year; and (13) to pay for an easement cleaner that was budgeted for in 2002-03 but not received until the current fiscal year. Councilor Cox questioned if the appropriation listed in the Housing Rehabilitation Fund is the property recently discussed for purchase by the Council. Administrator Brown stated that the staff had purchased the property at the Sheriff s sale last Tuesday. No one in the audience commented on the proposed supplemental budget. Mayor Figley declared the public hearing closed at 7: 19 p.m.. COX/NICHOLS .... authorize staff to draft an ordinance making supplemental appropriations and contingency transfers to the budget for fiscal year 2003-04. The motion passed unanimously. 1096 COUNCIL BILL NO. 2514 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2003-04. Councilor Sifuentez introduced Council Bill 2514. City 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 2514 duly passed with an emergency clause. 1189 COUNCIL BILL NO. 2515 - ORDINANCE ADOPTING A BUDGET FOR FISCAL YEAR 2004-05. MAKING APPROPRIATIONS. AND LEVYING TAXES. Council Bill 2515 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 2515 duly passed with an emergency clause. 1259 COUNCIL BILL NO. 2516 - ORDINANCE VACATING A CERTAIN PORTION OF AN EXISTING 20-FOOT UTILITY EASEMENT WITHIN THE GOOSE HOLLOW PHASE ONE SUBDIVISION. Council Bill 2516 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 2516 duly pass with an emergency clause. Page 3 - Council Meeting Minutes, June 28, 2004 COUNCIL MEETING MINUTES JUNE 28, 2004 TAPE READING 1360 COUNCIL BILL NO. 2517 - RESOLUTION DECLARING CITY'S ELECTION TO RECEIVE STATE REVENUES DURING FISCAL YEAR 2004-05. Councilor Sifuentez introduced Council Bill 2517. The bill read 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 2517 duly passed. 1443 LIABILITY. AUTO. PROPERTY. AND WORKERS' COMPENSATION INSURANCE FOR FISCAL YEAR 2004-05. Staffrecommended the acceptance of the insurance proposals submitted by City County Insurance Services (CIS). NICHOLS/SIFUENTEZ... authorize City Administrator to execute liability, auto, property, and workers' compensation insurance contracts with City County Insurance Services for fiscal year 2004-05. Councilor Cox questioned Administrator Brown as to which alternative he was considering for the workers' compensation insurance. Administrator Brown stated that the options include a guaranteed plan, a deductible plan, and a retrospective plan. The deductible and retrospective plans offer larger cost savings to the City, and, ifthe losses are below $65,000, the retrospective plan will save the City approximately $15,000 over the guaranteed plan. The guaranteed plan requires a premium of approximately $165,000 and limits the City's liability to that premium amount no matter how much loss is incurred by the City. However, the budget appropriations for 2004-05 are only $145,000 and the premium could be substantially lower if the departments and employees work on prevention measures in order to keep claim costs down. Councilor Cox stated that he was willing to give the City Administrator discretion to make the decision on the workers' compensation option and that he was not adversed to taking some risk. The motion passed unanimously. 1779 CONTRACT AWARD: STREET RESURFACING IMPROVEMENTS. Bids for resurfacing Umpqua Road, Umpqua Court, Stnafield Road, Randolph Road, Sallal Road, Sallal Court, and the repair of Corby Street were received from the following contractors: Parker Northwest, $224,432.09; North Santiam Paving, $278,122..65; D & D Paving, $284,667.17; Eagle Elsner, $292,427.30; Morse Bros. $303,104.95; and Salem Road & Driveway, $335,814.12. It was noted that the lowest bidder was 13% below the engineers estimate of$256,746. NICHOLS/COX.... award the construction contract to the lowest responsible bidder, Parker Northwest Paving Co.. for resurfacing improvements to various streets in the amount of $224,432.09. The motion passed unanimously. Page 4 - Council Meeting Minutes, June 28, 2004 COUNCIL MEETING MINUTES JUNE 28, 2004 TAPE READING 1819 FISCAL YEAR 2006-07 PEDESTRIAN OR BICYCLE IMPROVEMENT GRANT (ODOT). Staff recommended Council approval of an ODOT Pedestrian or Bicycle Improvement Grant application requesting $480,500 for sidewalk connection along the north side of Highway 214 from the high school driveway to Front Street and will link to the sidewalk project currently under construction to the west of the high school. NICHOLS/SIFUENTEZ... approve an application for an ODOT Pedestrian and Bicycle Improvement Grant in the amount of$480,500, and authorize staff to submit the application the application to the Oregon Department of Transportation. The motion passed unanimously. 1882 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Variance 04-09 (3009 North Pacific Highway) B) Planning Commission's approval of Subdivision 04-01, Variance 04-01, Variance 04- 07 and Exception 04-01 (west of Cooley Road) C) Planning Commission's approval of Design Review 04-01 and Conditional Use 04-01, and Denial of Variance 04-05 (2401 N. Boones Ferry Road) D) Planning Commission's approval of Planned Unit Development 04-02 and Variance 04-08 (Goose Hollow at Tukwila) E) Planning Commission's approval of Design Review 04-02 (Oil Can Henry's - 1780 Mt. Hood Avenue) No action was taken by the Council to bring these land use matters up for review. 1980 CITY ADMINISTRATOR'S REPORT. 1) Business License Fee Committee- Administrator Brown stated that during the budget process, the Budget Committee discussed the formation of a working Business License Fee Committee comprised of representatives from Chamber of Commerce and the Downtown Association to work with staff to develop some mechanism for increasing the business license fee. There have not been any meetings with that group yet because he had been receiving feedback from the business community about the need to capture all of businesses that do not have a business licenses currently before trying to spread an increase to those businesses that have paid their business license fees. Over the last few weeks, staff has been going over different data bases to look for businesses that are not currently licensed with the City and it does seem that it is resulting in staff finding a number of businesses that are not currently licensed. With a larger base to pay the business license fees, the result may be that the initial increase may be a lesser amount in order to generate the revenue estimate in the budget document. Staff is working toward getting a business license fee ordinance before the Council by October when the majority of the Neighborhood Response Team is expected to begin their work. Page 5 - Council Meeting Minutes, June 28, 2004 ... """",___",_,_~"",.__~_~__'---~'C-'-'-"""_.~--'~-' COUNCIL MEETING MINUTES JUNE 28, 2004 TAPE READING 2) Administrator Brown stated that he, along with the Mayor and Community Development Director, met with Marion County representatives for the purpose of asking Marion County to initiate a process that would change the City's coordinated population number. Staff believes that the revised numbers that have come out from the State Department of Administrative Services are still unrealistically low and, in order to move forward with the City's Comprehensive Plan amendments and Urban Growth Boundary expansion proposal, a higher population number is needed for W oodbum. At this meeting, the City did get an agreement from the County to initiate the process and the Board of Commissioners will be looking at a resolution that would set a public hearing date for them to look at their own comprehensive plan numbers and give the City additional population distribution above what the City is currently entitled to receive under the 1997 Coordination. Even though the public hearing will allow public testimony on the issue, he felt that the City has established a good cooperative relationship with the County Board at this time. He will notify the Council as to when the hearing will take place and he will be making a presentation at the hearing on behalf of the City. Mayor Figley stated that it was pleasant to get the level of cooperation and professionalism from Commissioner Milne and her staff, and she felt that it was a very productive meeting. 2300 MAYOR AND COUNCIL REPORT. Councilor Nichols reminded the public that there will be a multitude of activities going on within our community on July 4th and he was very pleased to see the willingness of community members to participate in these activities. Councilor McCallum provided a report on the Relay for Life event which was held June 25th and 26th. The organizers set specific goals for this event and they were as follows: 1) Sponsorship goal from the business community generated over $15,000; 2) Team goal this year was 40 teams and there were at least 48 teams at the relay; 3) Participant goal this year was 400, however, they ran out of T-shirts at 620; and 4) This year's goal in raising funds was $63,500 and, to date, over $67,500 has been collected. He expressed his appreciation to the citizens of Wood bum and the surrounding community in making this event so successful. He also thanked the Mayor, Council, Department Heads, employees, Chief Russell, and the support of the Police Department and Public Works Department. He reiterated that this is the third year for this event and it has mushroomed into a tremendous event for our community. Mayor Figley stated that she enjoyed participating in the Relay which is a very positive event to raise funds for cancer research, education and provide support to individuals or family members. She also stated that she is looking forward to the City's annual 4th of July activities and she encouraged residents to participate in this year's event. Page 6 - Council Meeting Minutes, June 28, 2004 COUNCIL MEETING MINUTES JUNE 28, 2004 TAPE READING 2815 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192 660(1)(h), ORS 192.660(1)(f), and ORS 192.660(1)(e). NICHOLS/MCCALLUM.... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:45 p.m. and reconvened at 8: 12 p.m. 2842 Mayor Figley stated that no action was taken by the Council during the executive session. ADJOURNMENT. NICHOLS/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:13 p.m.. ATTEST ~~ Mary Te t, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, June 28, 2004 _,_.,_,_"__.._.,__,.__...M_......---__...."..___..,.____"'~~._-_.-