Loading...
Minutes - 12/13/2004 COUNCIL MEETING MINUTES DECEMBER 13, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 13, 2004. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0130 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, Assistant City Attorney Won, Public Works Director Tiwari, Police Chief Russell, Community Development Director Mulder, Finance Director Gillespie, Park & Recreation Director Westrick, Public Works Manager Rohman, Recorder Tennant Mayor Figley stated that Councilor Bjelland was not in attendance since he was out of town. 0044 OATH OF OFFICE. Recorder Tennant administered the Oath of Office to Mayor Figley, Councilor Nichols (Ward I), and Councilor Sifuentez (Ward VI). Mayor Figley expressed her appreciation to the voters for re-electing her as Mayor and she looked forward to serving the citizens of W oodbum over the next two years. ELECTION OF COUNCIL PRESIDENT. Mayor Figley requested that the Councilors write down on paper their choice as to who should serve as Council President for the next two years. Councilor McCallum questioned if a motion could be made in lieu of the written process outlined by the Mayor. Mayor Figley stated that a motion would be acceptable. MCCALLUM/NICHOLS... nominated Councilor Sifuentez as Council President and a unanimous ballot be cast for her. The motion passed unanimously. 0329 ANNOUNCEMENTS. A) The Library will be closed on Monday, December 20,2004, for staff training on the new CCRLS automation system. Page 1 - Council Meeting Minutes, December 13, 2004 ... '" COUNCIL MEETING MINUTES DECEMBER 13, 2004 TAPE READING B) Holiday Closures: City Hall will be closed beginning 12:00 noon on December 23rd and will re-open on Monday December 27th for the Christmas holiday observance. For the New Years holiday observance, City Hall will be closed on Friday, December 31, 2004. The Library will be open on Friday, December 24t\ from 8:00 am until 12:00 noon and will re-open on Monday, December 27th. For the New Years holiday observance, the Library will be closed on Saturday, January 1, 2005. The Aquatic Center will have open swim December 20-23,2004 from 1 :00 pm to 4:00 pm and will be closed December 24 and 25, 2004. Open swim will resume on December 27-31,2004 from 1:00 pm to 4:00 pm and the Center will be closed on Saturday, January 1,2005. C) Mayor Figley stated that there are vacancies on the Library Board and Planning Commission and urged interested citizens to contact the City Administrator's office for an application form. 0490 CHAMBER OF COMMERCE REPORT. Scott Roerig, representing the Chamber, distributed copies of the monthly statistics for the Mayor and Council to review. He stated that the Chamber has been active in receiving inquiries from both within and outside of the community. Upcoming Chamber events include: 1) Chamber Forum Lunch at the Settlemier House on December 15th at 12:00 noon; 2) Greeter's Program at West Coast Bank on Friday, December 17, 2004; and 3) Greeter's Program at Country Meadows on Friday, January 7,2005. 0614 Richard Jennings, 595 Filbert St., stated that his biggest complaint is that there are not more citizens that come down to City Hall to thank the Mayor and Council for the work that they do for our community. He reviewed the accomplishments of the Council and Mayor over the last year and for the effort they make individually to address issues that come before them in a very professional manner. He also stated that staff leadership is a key component in getting the information to the Council so that responsible decisions can be made by the governing body. 1041 Diana Sarono stated that she is a member of the Chamber's Leadership Youth program which consists of25 students from Woodburn, Gervais, and North Marion High Schools who meet monthly to discuss a variety of issues. Since the start of the program for this school year, topics covered included the importance of cultural differences, and the history of Woodburn, Gervais, and Hubbard. For Christmas, their group will adopt a family consisting of a single mother and four children and they will be providing dinner for the family along with gifts. Their next meeting will be tomorrow (December 14th) and they will be visiting local industries and companies around Woodburn to learn how these Page 2 - Council Meeting Minutes, December 13,2004 ... '" COUNCIL MEETING MINUTES DECEMBER 13, 2004 TAPE READING businesses operate. Future meetings will include the group's visit to non-profit organizations and learn about local government. She stated that Leadership Youth has provided her with an opportunity to learn not only about her community but about herself and the importance of, along with different ways, in which she can give back to her community. 1305 CONSENT AGENDA. A) approve the Council minutes of November 22, 2004; B) approve the Special Council minutes of November 29,2004; C) accept the Library Board minutes of November 10, 2004; D) accept the Planning Commission minutes of November 4, 2004; E) accept the Planning Commission work session minutes of November 10, 2004; F) accept the Planning Commission Special Meeting minutes of November 18,2004; G) accept the Library Monthly Report for November 2004; H) accept the status report on the Library Automated System conversion; I) accept the Building Activity Report for November 2004; J) accept the Planning Project Tracking Sheet dated December 8, 2004; and K) accept the Aquatic Center Revenue Comparison report. NICHOLS/MCCALLUM... accept the Consent Agenda as presented. The motion passed unanimously. Mayor Figley stated that the agenda lists the first General Business item as Council Bill 2544, however, that bill has been renumbered to Council Bill 2550. 1410 COUNCIL BILL NO. 2550 - RESOLUTION ESTABLISHING THE COMPENSA TION SCHEDULE FOR CERT AIN HOURLY AND SEASONAL EMPLOYEES. Councilor Sifuentez introduced Council Bill 2550. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote, the bill passed unanimously. Mayor Figley declared Council Bill 2550 duly passed. 1492 COUNCIL BILL NO. 2545 - RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATIONS WITHIN A FUND DURING FISCAL YEAR 2004-05. Councilor Sifuentez introduced Council Bill 2545. 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 2545 duly passed. Page 3 - Council Meeting Minutes, December 13,2004 ... f' COUNCIL MEETING MINUTES DECEMBER 13, 2004 TAPE READING 1550 COUNCIL BILL NO. 2546 - RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2004-05. Council Bill 2546 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Cox stated that the Council had received a comprehensive staff report on accounting measures that need to made to adjust the City's budget based on actual expenses and does not involve any new expenditures. Administrator Brown stated that, in the past, staff has grouped some of these adjustments thereby bring less resolutions before the Council to consider adopting. However, this year staff is attempting to bring adjustments before the Council as they arise which provides for better budget control at the staff level. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2546 duly passed. 1710 COUNCIL BILL NO. 2547 - RESOLUTION DECLARING THE CITY'S INTENT TO REIMBURSE EXPENDITURES WITH THE PROCEEDS OF A FUTURE ISSUE OF GENERAL OBLIGATION BONDS AND SPECIFYING AUTHORIZED USES OF GENERAL OBLIGATION BOND PROCEEDS. Council Bill 2547 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 this bill relates to bookkeeping mechanisms necessary in order to proceed with our Police Facility planning. This bill, along with the next two Council Bills, are being considered by the Council in order to get the bond issue ready for bids and to move forward with obtaining the services of an architect in order to meet the spring construction season. Councilor McCallum stated that it was his understanding that waiting to take action on these issues could delay the building of the facility by several months. Administrator Brown stated that the expected bond closing date is March 9,2005 and waiting until the closing date to contract for architectural services will delay the project. This resolution allows the City to go ahead and contract for these services before the closing date and then be reimbursed for expenditures made from bond proceeds. Secondly, this bill provides notice to the public as to what equipment and furnishings are included in this new facility that are planned for purchase with bond proceeds. If a member of the public elects to challenge one or more of the listed furnishings, they can do so in tax court. By providing this notice at this time, issues relating to use of bond proceeds for equipment and furnishings will be resolved before the bonds are sold. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2547 duly passed. Page 4 - Council Meeting Minutes, December 13,2004 "" r COUNCIL MEETING MINUTES DECEMBER 13, 2004 TAPE READING 1989 COUNCIL BILL NO. 2548 - RESOLUTION AUTHORIZING AN INTER-FUND LOAN FROM THE TRAFFIC IMPACT FEE FUND TO THE POLICE FACILITIES CONSTRUCTION FUND. Councilor Sifuentez introduced Council Bill 2548. The bill was read by title only since there were no objections from the Council. Administrator Brown stated that by moving forward with the architectural services will allow the City to get ready for a spring construction schedule. The intent of this bill is to borrow from the Traffic Impact Fee Fund which has adequate money to pay the architect services and then the fund would be reimbursed once the bond closes for the amount of the loan plus 2.25% interest which is slightly more than what the City is currently receiving on interest payments and less than what would have to be paid if the City secured bond anticipation notes from a private source. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2548 duly passed. 2153 COUNCIL BILL NO. 2549 - RESOLUTION APPOINTING GROUP MACKENZIE ENGINEERING. INC. AS A CONSULT ANT TO PROVIDE ARCHITECTURAL SERVICES FOR THE WOODBURN POLICE FACILITY AND AUTHORIZING SAID AGREEMENT IN AN AMOUNT NOT TO EXCEED $410.000. Council Bill 2549 was introduced by Councilor Sifuentez. The bill was read by title only since there were no obj ections from the Council. Councilor Cox stated that he was comfortable with the Resolution but he wanted a brief report from the Administrator as to why the City is not accepting proposals from other firms at this time. Administrator Brown stated that the City's legal department has done an extensive review on this issue and they feel that the City is on good legal ground for entering into an agreement with this firm who had been contracted to do the police facility pre-design work. It was noted that a pre-design phase did involve a Request for Proposal process and Group MacKenzie Engineering had been selected by the City for pre-design services. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2549 duly passed. 2345 WIRE LINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD. Mayor Figley stated that this agenda item will be deferred since there are still some specifics of the agreement that need to be discussed between the City and Union Pacific. 2360 2005 TOURISM AND ECONOMIC DEVELOPMENT GRANT AWARD. Mayor Figley stated for the record that she is an unpaid Director of Cascade Scenic Railway Inc which is a 50l( c) (3) organization. Page 5 - Council Meeting Minutes, December 13, 2004 ... ,. COUNCIL MEETING MINUTES DECEMBER 13, 2004 TAPE READING NICHOLS/SIFUENTEZ... accept the recommended action to award 2005 Tourism and Economic Development Grant funds to the Woodburn Chamber of Commerce and to Cascade Scenic Railway Inc in the amounts not to exceed $44,000 and $8,000 respectively, and to authorize the City Administrator to execute fee for services agreements with the Woodburn Chamber of Commerce and Cascade Scenic Railway Inc.. Councilor Cox stated that one of the items in the Chamber's grant was seed money for the Drums of Fire program and he questioned if those dollars would be a grant or a loan. Administrator Brown stated that this would be a grant to provide them with operating revenue into the future. He stated that there was a $6,000 balance remaining from prior years grants that could be made available for disbursement this year and since it meets the grant criteria, the committee has recommended that those dollars be available for this event but it could be treated as either a grant or a loan. If the funds are a grant, then he can negotiate with a grant recipient after the Council has made the award. Councilor Cox felt that the proposal is clearly within the scope of what the funds can be spent for, therefore, it is a policy question as to whether or not the money is given to the Chamber or to give them the money with the expectation that it will be repaid if they make money. Even though they will need seed money from year to year, the City should only give them the funds once since they should be able to make enough money off of one event to replenish their seed money for the next year. Councilor McCallum stated that he also had a concern on this proposal since the Drums of Fire event has been held here in Woodburn for a number of years and his interpretation of "seed money" is that the program is just getting started. It was noted that higher priced Corps units had performed last year and the Chamber did not make as much money as they thought they would to offset expenses. He did not want it to be perceived that this grant is a bailout, however, he would agree with this grant proposal provided that, in the future, an annual subsidy is not given to the Chamber for this event. He also noted that the review committee consisted of two Woodburn businesses and a City staff member. He was impressed with the committee's work, concerns, items brought out, and suggestions made which resulted in an excellent job in their recommendations. Administrator Brown stated that he did not expect to see an available balance over the next few years which could be used as additional grant funds. He also stated that it has been increasingly difficult to get three people from the outside together on the same evening to evaluate these applications which is why a staff member was assigned to the committee. On roll call vote, the motion passed unanimously. 2924 BID AWARD: UTILITY TRACTOR. Bids for a utility tractor to be shared by Street Maintenance and Parks Maintenance were received from the following vendors: Oregon Vineyard Supply Co, $44,439.00; Linn Benton Tractor, $46,968.00; Lenon Implement Co., $49,160.25; and Ernst Hardware Co., $49,850.00. Page 6 - Council Meeting Minutes, December 13,2004 ... ,. COUNCIL MEETING MINUTES DECEMBER 13, 2004 TAPE READING NICHOLS/COX... award the bid for the purchase of a utility tractor to Oregon Vineyard Supply Co., in the amount of $44,439.00. Councilor Lonergan questioned the business location of Oregon Vineyard Supply Co.. Public Works Manager Rohman stated that they are located in Aurora, Oregon. The motion passed unanimously. 2977 RECREATION AND PARKS DIRECTOR EMPLOYMENT AGREEMENT. NICHOLS/MCCALLUM.... approve and authorize the City Administrator to execute an employment agreement with D. Randall Westrick, Recreation and Parks Director, effective January 1,2005. The motion passed unanimously. 3029 CANCELLATION OF DECEMBER 27.2004 REGULAR COUNCIL MEETING. MCCALLUM/NICHOLS... cancel the December 27,2004 City Council meeting. Mayor Figley stated that the City Charter requires that the Council meet only once a month. The motion passed unanimously. 3096 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Conditional Use 04-07, Design Review 04-13, Variance 04-19 and Variance 04-20: Application for conditional use and design review of a 400 sq. foot well house along with variances for landscaping and paved driveway width standards located at 3099 N. Pacific Highway. B) Planning Commission's approval of Design Review 04-16 and Variance 04-27 (Simon-Woodburn Funeral Chapel, 1050 N. Boones Ferry Road): Application to construct a 864 sq. foot accessory building in the northeast corner of the property and waiver of the development ordinance requirement to construct a solid brick or architectural wall along the north property line. C) Planning Commission's approval of Design Review 04-21 and Variance 04-29 (Warzynski Plaza, 350 N. First Street): Application to convert the existing parking lot to a public plaza and to waive the boundary street improvement standard for Garfield Street which is a designated minor arterial. D) Planning Commission's approval of Design Review 04-12, Conditional Use 04-06, and Variance 04-21 (Arthur Academy Mastery Leaning Institute, 591 Gatch Street): Application to install a 3,694 sq. foot modular classroom structure to establish a K-2 charter school in an RS (residential single family) zone. No action was taken by the Council on these land use actions. Page 7 - Council Meeting Minutes, December 13, 2004 .... T" COUNCIL MEETING MINUTES DECEMBER 13, 2004 TAPE READING 3190 CITY ADMINISTRATOR'S REPORT. Council Goal Setting Workshop: Administrator Brown stated that he would like to schedule a goal setting workshop for either January 8, 2005 or January 15, 2005. He requested that the Mayor and Councilors contact his office to let staff know date preferences so that a workshop can be scheduled. He also stated that staff is planning on holding a budget meeting on the last Saturday of January which is why he is looking at scheduling the goal setting workshop earlier in January. 3346 MAYOR AND COUNCIL REPORTS. Councilor Cox stated that he also had some major problems with the railroad agreement and requested that staff contact him to discuss the issues before staff gets to far into the finalization of the agreement. Councilor Cox stated that for approximately two months the Council was assured by staff that the reason for the delay in the traffic signal movement was that it was ODOT's fault since they had to approve the City's application. The City now has the permit and is moving ahead with the temporary signal, however, he feels that there was a miscommunication to the Council as to the status of the permit. He had received some information from Planning Commission members that the hold up was on the part of the City and not ODOT. He requested that the Council receive a full report on the earliest possible date. Administrator Brown stated that it was his understanding that the permit itself was not applied for until recently since ODOT requires a complete design approval before they would allow the City to submit the design package with the permit application. There was quick turnaround on the permit application. Staff did have discussion with the Council on how staff was having difficulty with ODOT in getting the approvals needed and staff might not have been clear enough with Council about what staff was trying to get approval of. He is still waiting to get some more specific information from staff regarding plan submittal for review, length of time to get those plans approved, and what changes were required during that period of time. Councilor Cox stated that the Council had been assured that the work would be completed before school started, however, that was not the case and his point is that the City should not blame ODOT for the delay if in fact City staff was the cause for the delay. Public Works Director Tiwari stated that there are two processes followed: 1) plan approval of the design by ODOT, and 2) permit process once the design plan has been approved. He briefly reviewed the design approval process which does flow through more than one ODOT office which resulted in some delay. He stated that there must have been some miscommunication and is interested in knowing what the rumors are so that he can respond to those rumors. Administrator Brown stated that staff will complete the time line process for inclusion in a Council report. Page 8 - Council Meeting Minutes, December 13, 2004 ... ,. COUNCIL MEETING MINUTES DECEMBER 13, 2004 TAPE READING In regards to the current project status, Director Tiwari stated that the temporary traffic signals are still on wires but the permanent signals will be on masts when the intersection is improved. It is anticipated that the intersection will be improved next summer and the City has purchased the right-of-way on Settlemier Avenue in order to expedite the improvement project. Councilor Cox stated that he did attend the seminar on Ballot Measure 37 and felt that it was a good two-day session. Based on information received at the seminar, it seems very unlikely that the Oregon Legislature will make material changes to the measure during the upcoming session. It is unlikely that the legislature will even clear up the ambiguities and will most likely wait until the next legislative session since the voters passed the measure based on specific language content and they would like to have it go through the system for a period of time before they make any changes. He also felt that the ordinance passed by the Council is better than ordinances adopted by other local governments. He did not think that the City would get a large number of Measure 37 claims but claims will be filed involving rural areas in the City's urban growth boundary and other rural areas beyond the urban growth boundary. He stated that he had attended a different seminar on Measure 37 which was also very good. An issue brought up in these meetings focused on big box stores that have outlived their usefulness and are now vacant creating an economic and visual blight on the commercial areas. Councilor Nichols thanked his constituents who voted him back into office for the next 4 years. He also thanked the Mayor for allowing him to work on the Mayor's Music Festival which was a very good two-day evening program. He also felt that Mr. Jennings comments regarding professionalism was an accurate statement and assured the citizens that the Council will continue to work towards improving our community. Councilor Lonergan congratulated the Mayor on a successful Christmas Tree Lighting Program. Councilor McCallum thanked ODOT for cleaning out the brush in the interchange area. He questioned if, under the current sign ordinance, ifthe individuals waving the signs are in violation of the sign ordinance. Director Mulder stated that he would need to look into the definition of temporary signs and will report back to the Council. Councilor McCallum also expressed concern regarding the use of delivery trucks parked in different directions on their parking lot in order to advertise their business. Councilor Cox stated that the Focus Group spent hours trying to draft language that would address these types of issues and it is very difficult to write something that will past legal standards and yet be fair to all parties. Page 9 - Council Meeting Minutes, December 13, 2004 ... r COUNCIL MEETING MINUTES DECEMBER 13, 2004 TAPE READING Councilor McCallum agreed with Councilor Cox and feels that the new standards will make the City more attractive as signs are replaced. Councilor Sifuentez also thanked the voters in her Ward for giving her another 4 years on the Council. Additionally, she thanked the Councilors and Mayor for being visionaries with the goal to make Woodburn a wonderful City and a wonderful place to live, work, and play in. She expressed her appreciation to the staff for their great work in providing information to the Mayor and Council. Mayor Figley reiterated her thanks to the voters for her re-election to office and to the Council and staff for making her job, for the most part, easy and a pleasure to perform. 5676 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660(1)(h) and ORS 192.660(1)(f). NICHOLS/COX... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned into executive session at 8:20 p.m. and reconvened at 8:28 p.m. Mayor Figley stated that no action was taken or decisions made by the Council while they were in executive session. 5730 ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:29 p.m.. ATTEST C Mary Ten nt, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, December 13, 2004 '... or.'