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Minutes - 01/25/1999 '-'. COUNCIL MEETING MINUTES January 25, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 25, 1999. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley IGlmurray Pugh Sifuentez 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 Wright, Community Development Director Goeckritz, Library Director Sprauer, Park & Recreation Director Westrick, Finance Director Gillespie, Management Analyst Smith, City Recorder Tennant 0022 ANNOUNCEMENTS. Mayor Jennings stated that there are two vacancies on the Library Board and two vacancies on the Recreation and Park Board. He urged interested residents to pick-up an application form from the City Administrator's office. A workshop with the Budget Committee will be held on Saturday, January 30th, 9:00 am in the City Hall Council Chambers. The purpose of the workshop is to review the City's mid-year financial status and to discuss preliminary budget concepts for 1999-2000. This workshop is open to the public but it is not a public hearing. The first of the 1999 winter Chautauqua Series will be held on Wednesday, February 3,d, 7:00 p.m., in the City Hall Council Chambers. Guest speaker will be Secretary of State Phil Keisling who will speak on "The 'Radical Middle' in Oregon Politics". On February 17th, Jeff Uecker will speak on "Utopian Oregon in 20th Century Art", and on March 3,d, Susan Cabello will speak on "Nostotros: the Hispanic People of Oregon". The public is urged to attend these programs. The City Council will hold a public hearing on February 8th, 7:00 p.m., City Hall Council Chambers, on the Heritage Park subdivision annexation. Page I - Council Meeting Minutes, January 25, 1999 - r--------.- COUNCIL MEETING MINUTES January 25, 1999 TAPE READING 0100 PRESENTATIONS. A) Appreciation Award to Library Board Member: Dorothy Jaeger, Library Board Chair, presented a placque to Gloria Predeek for her many years of support and service as a member of the Woodburn Library Board. Ms. Predeek has served a total of 16 years as a member of the Board. Gloria Predeek accepted the award and stated, over the years, that it had been her pleasure to work with Director Sprauer and the Board members. B) Human Rights Commission Awards: Mayor read the citations describing the work and community service provided by each one of the following recipients of the award: Beverlee Koutney (teaches English to Spanish speaking pupils, volunteers time to facilitate citizenship class for immigrants); Obie Garza (efforts in achieving consensus on names of new schools in Woodburn); George Enriquez (Woodburn Post Office); Dr. Richard Steinberg (Pediatric physician); Marina Espinoza; and Officer Kalin Ayhan. Commission Co-chairs Wendy Veliz and Scott Summers assisted in the presentation of the awards. Ms. Veliz stated that the recipients of these awards are ordinary people who have done extraordinary things and the Commission appreciates what they have added to our community. 0500 PROCLAMATION. CATHOLIC SCHOOLS WEEK. Mayor Jennings declared the week of January 31" through February 5th as Catholic Schools Week in Woodburn and requested the citizens to recognize and appreciate the contributions of the catholic schools. 0548 STATUS REPORT ON BUILDING AT 346 N. FRONT STREET (ALSO KNOWN AS THE SALUD BUILDING). Charles Wilson, partner in American Building Enterprises along with Georgia Peters and Mike Wilson, stated that they anticipate the structural design plan to be completed by March with permits to follow. Hopefully, the permits will be issued by mid-April so construction can begin soon after the permits are secured. Councilor Figley stated that her biggest concern has been the structural component and it is imperative to get the building stabilized. Councilor Pugh requested that the property owners report back to the Council if there are any changes to the dates outlined above since this building has been in need of repairs for many years. Page 2 - Council Meeting Minutes, January 25, 1999 r -- -.-----.---r ~ . -, COUNCIL MEETING MINUTES January 25,1999 TAPE READING 0652 CHAMBER OF COMMERCE REPORT. Terri Robinson, Chamber Board member, invited the Council to the following upcoming events: A) Business After Hours, February 11th, 4:30 pm., at Key Title. B) First Citizen Recognition, February 23'd, 7:00 pm, at the United Methodist Church. This is a dessert award ceremony honoring local citizens who give so much to the Woodburn community. C) Student Job Shadowing Day, February 25th. If the City would like to participate, contact the Chamber office to schedule a student. Guest speaker at the luncheon will be Chris Bergstrom, Tigard High School student, who is also a member of the Tigard City Council. Mayor Jennings stated that the City would be participating in the Job Shadowing program. 0707 WOODBURN DOWNTOWN ASSOCIATION. Susan King stated that the WDA has just completed a planning session and they will be selecting officers who will be installed at their auction on March 17th. 0720 CENTENNIAL PARK TASK FORCE. Councilor Figley, Task Force Chair, stated that she had distributed an updated site plan to the Council and work on the project is progressing. She briefly reviewed the work that has been done as of this date. The deadline for Phase I completion is Memorial Day weekend. She also stated that the Budget Committee will be presented with Phase II of this project and the Task Force will be presenting ideas of how it can be accomplished in the near future. Recreation and Park Director Westrick stated that the American Legion is interested in opening the Memorial Day ceremonies to fly the first flag at the park. He stated that Phase I is about 75% complete and the drainage system is working. 0838 Nancy Kirksey, 1049 McKinley, commented briefly on the use of system development charges for the purchase of the buildings for public works field operations. She stated that she was Mayor at the time the decisions were made and she believes that the Council acted prudently and they were not raiding funds in order to purchase the buildings. She stated that the Council acted on the opportunities to purchase the properties rather than paying substantially more for the properties in future years. She reiterated her belief that it was the prudent use of public funds to purchase these buildings which are located adjacent to existing city public works shops. She also requested an opportunity to speak to the Council following Administrator Brown's livability report. Page 3 - Council Meeting Minutes, January 25, 1999 - T"-....._~~._- -, COUNCIL MEETING MINUTES January 25, 1999 TAPE READING 0919 CONSENT AGENDA. A) Approval of Council minutes of January 4, 1999 (workshop) and January II, 1999 (regular and executive session); and B) Receipt of the Woodburn Berry Center Museum minutes of January 13, 1999; FIGLEYIPUGH... consent agenda be adopted as presented. The motion passed unanimously. 0935 PUBLIC HEARING - BOONES CROSSING PLANNED UNIT DEVELOPMENT: ANNEXATION #97-08. ZONE CHANGE #97-12. CONDITIONAL USE #97-03. VARIANCE #97-12. AND PUD #97-03. Mayor Jennings stated that the developer has requested continuation of this hearing to February 22, 1999. Mayor Jennings declared the public hearing open at 7:32 p.m.. PUGHlFIGLEY.... continue the public hearing to February 22, 1999. The motion passed unanimously. 0965 COUNCIL BILL 1945 - ORDINANCE AMENDING ORDINANCE 1807 (ZONING ORDINANCE) TO PERMIT GOVERNMENT SERVICE BUILDINGS IN DOWNTOWN DESIGN AND CONSERVATION DISTRICT. Councilor Chadwick introduced Council Bill 1945. 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 Jennings declared Council Bill 1945 duly passed with the emergency clause. 1015 COUNCIL BILL 1946 - RESOLUTION APPROVING THE PLACEMENT OF A STOP SIGN ON JUNE WAY AT HIGHWAY 211. Council Bill 1946 was introduced by Councilor Chadwick. 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 Jennings declared Council Bill 1946 duly passed. 1063 AUTHORIZATION TO APPLY FOR TEA-21 FUNDING. Staff has recommended that Council authorize submittal of a grant application for funds to be used in the development of bicycle and pedestrian paths in the Mill Creek greenway at Hermanson Park I, 2, and 3, and sidewalks along various other city streets. FIGLEYIKILMURRA Y... authorize staff to submit the grant application. Councilor Bjelland questioned the estimated cost for completing the greenway project. Director Westrick stated that the preliminary cost is between $300,000 and $400,000 with the cost to the City being 10% of the total project cost. He stated that the City will be submitting 3 separate applications for grant funding. The motion passed unanimously. Page 4 - Council Meeting Minutes, January 25, 1999 r. .. ----.--. ~ . COUNCIL MEETING MINUTES January 25, 1999 TAPE READING 1175 BID AWARD-POLICE CARS. Bids for 2 intermediate size sedans were received from the following vendors: Hillyer's Mid-City Ford, $28,894; and Miles Chevrolet, $26,700. Staff recommended the acceptance of the low bid from Miles Chevrolet. FIGLEY/PUGH...low bid from Miles Chevrolet in the amount of $26,700 for police cars be accepted. The motion passed unanimously. 1190 CONTRACT A WARD: CONSTRUCTION OF PUMP STATION FOR THE POPLAR TREE PLANTATION IRRIGATION SYSTEM. Bids were received from the following contractors: Emery & Sons Construction, $715,180; Copenhagen Utilities, $742,611; PCI Mechanical Construction, $754,655; Triad Mechanical, $764,351; Schneider Equipment, $826,092; Harbor Pacific Contractors, $852,950; Stanley Contracting, $864,666; Emcon, $867,700; W.G. Moe and Sons, $962,500; and 4-Rivers Construction, $989,955. The engineer's estimate for this project was $840,000.00. FIGLEYIBJELLAND... Emery & Sons Construction be awarded the contract in the amount of $715,180.00. The motion passed unanimously. 1210 SITE PLAN ACTIONS. A) Site Action Plan #98-23: Napa Auto Parts No action was taken by the Council on this site plan. 1240 CITY ADMINISTRATOR'S REPORT. A) Report on Systems Development Charges: Mayor Jennings expressed his opinion that the Administrator had done an exceptional job in his research and analysis. He requested that the Council consider the options presented in the memo and make a decision on this issue at this meeting. The full report is a public record and available for public inspection. Administrator Brown reviewed his report to the Council on the use of system development charges to finance a portion of the cost of the Ladder Factory building and the Hershberger building. The need for this report stemmed from a published Statesman Journal article (December 23, 1998 issue) that suggested that system development charges were misspent on the purchase of the Ladder Factory building (1996) and the Hershberger building (1998). He stated that approximately 45% of the total purchase price was financed through the system development funds (water, wastewater, storm water, and street). The Hershberger property still has one final payment of $149,000 due in July 1999. At the time of the purchase, the Council made a very clear decision around the use of the SDC's because of the desire to have growth pay its own way and capital improvements include facilities or assets. One of the areas of concern is the use of traffic impact fees (street system development charges) which amounted to about 8.5% of the Page 5 - Council Meeting Minutes, January 25, 1999 r- - - ~ T COUNCIL MEETING MINUTES January 25, 1999 TAPE READING total amount of funds spent (approximately $45,000). He reviewed areas of state law and city ordinance as it relates to expenditures of system development charges for increasing system capacity versus construction of office facilities that are more than incidental administrative use. State law does require the listing of the capital improvement to be funded by system development charges to be listed on a Capital hnprovement Plan. The City relied on our consultant, Don Ganer, to provide the City with two opinions that indicated that as long as the City was expanding system capacity and included an item on the Capital Improvement Plan and dealing with the impact of growth requiring for more maintenance, the City had a legitimate expense in buying these buildings. He reiterated that funds other than system development charges were used to pay for 55% of the total cost. In addition, 72% of the additional space purchased was to accommodate growth whereas only 45% of the total cost was charged to the system development funds. The main issue to address is the Capital hnprovement Plan. In the case of the Ladder Factory building, it was on a public works CIP and system development funds were identified as potential financing sources. The 1986/87 CIP did include a City Shops Complex which could be construed to mean more than one building in a defined area. He stated that if there is a technical difficulty on the Hershberger property, it may be that the CIP did not include any specific dollar amount or funding sources. He assured the citizens that all decisions for purchasing property are made in a public session. Additionally, the purchases were discussed in the budget committee meetings and use of the system development funds were part of the final budget document. He submitted 6 options to the Council for their consideration and he recommended that the Council accept option #5. He also stated that he had given this report to the representative of the building industry who had been used as a source for the newspaper article and this individual had requested that the Council delay any action until he and his organization had an opportunity to submit their response to this report. Administrator Brown also spoke briefly on how improvements can be made in the future. He proposed adoption of a consolidated Capital hnprovement Plan (6 year plan) on an annual basis and amend the Capital Improvement Plan if a project arises. Accounting for the system development charges will be on annual basis rather than generating a report as requested. Finally, dissemination of information to the public in a variety of sources will give the public more opportunity to voice their opinions on issues before the Council. Mayor Jennings reiterated his request to the Council to dispose of this issue at this meeting rather than delaying action as requested by the Oregon Builders Association. 2407 FIGLEYIPUGH... 1) the City Council determines that both purchases were permissible under State statutes and City ordinances as capacity increasing facilities, 2) the City Council also makes the determination that the Ladder Factory was included on a CIP consistent with the requirements of ORS 223.309, 3) the City Council further makes the determination that the Hershberger purchase technically violates the statute only in so far Page 6 - Council Meeting Minutes, January 25, 1999 ~. ,_.__0..________ ! ~ . COUNCIL MEETING MINUTES January 25, 1999 TAPE READING as it was not included on a Capital Improvement Plan, 4) finally in light of those three determinations, the City Council repay all SDC's associated with the financing of the Hershberger purchase including repayment of approximately $83,202 from operating funds to SDC funds and payment of the additional amount from non SDC sources. Councilor Pugh stated the motion would move funds from the operating funds back to the system development funds. He agreed with the Mayor that this matter should be taken care of at this meeting and, in all of the Council's deliberations, there was never any intention of hiding from the public the use of these funds. The only fault is that the City does not have an updated Capital Improvement Plan and this correction must be made. Councilor Figley added that the City does its business in open meetings in an above board manner without any attempt to hide anything from the public that they have a right to know. She stated that she believes that the Council has been 100% open and above board and the only reason she made the motion is that she did not anyone from the public to think that there is even the slightest suggestion of impropriety, wrongdoing, or not obeying the letter of the law in how the City handles its purchases. She also felt that the financing was done in a way which the Council thought was right and if there was a technical violation, it will be corrected for the future. Councilor Kilmurray stated that she had spent a lot of time reviewing the Administrator's document and it was evident that the Administrator did his homework before preparing his report. Once the Capital Improvement Plan and Master Plans are in place, the City will not have this problem in the future. In her opinion, there may have been a technical violation but she did not feel that the Council had done anything wrong. Councilor Bjelland concurred with the other Councilors and Mayor in complimenting the Administrator on his report. He stated that he had also researched this issue, reviewed the applicable laws and opinions, and does not believe that the past Council did anything wrong. In respect to the motion, the only issue he would have is that he is uncomfortable saying that there is a technical violation. Therefore, he feels that the motion should be amended to say that the court may rule that there was a technical violation rather than the Council going on record saying that there was a technical violation. A strong legal argument could be made that, since these buildings are contiguous, this is all part of the public works complex. Tape 2 Councilor Sifuentez agreed with Councilor Bjelland and expressed her opinion that the Council had done nothing wrong and assured the public that they are careful to run the City properly. Councilor Chadwick also agreed with the statements made by the other Councilors and did not feel that the Council had made any improper expenditures from the SDC funds. BJELLAND/SIFUENTEZ... amend the motion to eliminate item 3 from Councilor Figley's motion where we find that the Hershberger building purchase technically violates Page 7 - Council Meeting Minutes, January 25, 1999 - r-.--.----.-- u COUNCIL MEETING MINUTES January 25, 1999 TAPE READING the statutes due to its not being included on the Capital Improvement Plan. Further discussion was held on the amendment to the motion. City Attorney Shields referred to his memorandum opinion to provide alternative language that the Council may wish to consider. Councilor Bjelland withdrew his amendment and Councilor Sifuentez withdrew her second to the amendment. FIGLEY/PUGH... amend the original motion in the 3'd determination listed to read as follows: Whereas our City Attorney and City Manager have advised the Council that it is arguable how a court of law would rule on the issue of a possible technical violation of the state statute. The motion to amend passed unanimously. On roll call vote, the motion, as amended, passed unanimously. Mayor Jennings encouraged interested citizens to obtain a copy of the report. 0381 B) Livability Report: Administrator Brown read this report to the Council since it was distributed at this meeting. In summary, at the recent team building workshop, all of the Councilors had identified livability as a priority and the need to engage the citizens to develop a vision of a more liveable community. The Mayor has requested that a livability program be submitted to the Council for their consideration. This program would relate to the appearance of some of Woodburn's neighborhoods, commercial areas, downtown core, and transportation Corridor. It would also look at a wider variety of entertainment and/or activities to bring residents together and promote tourism. Traffic circulation is another issue that would improve the livability of the community. The Mayor has proposed that a Livability Task Force be appointed with Nancy Kirksey being named as Chair and she proposes to appoint Joanne Bjelland as her Co-Chair. Task Force members appointed would foster a multi-talented, multi-disciplined group that can represent, reach, and recruit a wide variety of residents who have a desire to carry the work forward over the next two or three years. It is recommended that an open recruitment for applications from citizens interested in serving on this Task Force. Recognition to property owners should be given and a program established utilizing volunteer help to assist those who cannot maintain their property due to age or infirmary. Volunteers would also be used for neighborhood and community wide efforts and for work to be done in public rights of way. An awards program should be established for individual homes, businesses, and neighborhoods. His report also commented on the need to continue applying for Housing Rehabilitation grant funds and the potential formation of an Urban Renewal District for the downtown area. He recommended to the Council that, if they implement the program outlined in the report, the Task Force start with the awards, recognition, and code enforcement program. Page 8 - Council Meeting Minutes, January 25,1999 .1-----------.--1' ~ 1 COUNCIL MEETING MINUTES January 25, 1999 TAPE READING FIGLEy/SIFUENTEZ.... adopt the City Administrator's livability report and authorize the Mayor to appoint a Livability Task Force. Nancy Kirksey, 1049 McKinley, stated that the original kick-off date was scheduled for February 14th, however, since this date falls within a 3-day holiday weekend, it may not be the best time to do the kick-off for this program. An alternative date would be March 17th which is St. Patrick's Day. With the Council's permission, they would like to do the dedication of Lillian Warzynski Court on that date and recognize a homeowner, a business, and a neighborhood. She also questioned the Council as to whether or not they would like to hold a town meeting after the dedication as part of the "visioning" process. Cake and coffee could be served at this meeting. She stated that this project will be a lot of work but also fun. She urged citizens interested in becoming a member of this Task Force to pick up an application at City Hall. Discussion was held regarding the town meeting concept and how it can be built into the visioning process. The motion passed unanimously. 1109 MAYOR AND COUNCIL REPORTS. Councilor Kilmurray stated that the speed limit on north Boones Ferry Road is 45 MPH which seems excessive in an area that has several housing developments in the area and no sidewalks for pedestrians. Public Works Director Tiwari stated that he would contact the Speed Control Board and, if it is within the City's authority, then staff will take care of the request. Councilor Sifuentez stated that Nancy Kirksey will do an excellent job as Co-Chair of the Livability Task Force. Mayor Jennings stated that several citizens had asked when the "State of the City" address would be replayed on Cable TV and he was informed by Phil Blair of WCA T that the times are announced on the bulletin board on Channel 16. In addition, he will get a copy of the tape to share with the Council. He also stated that he is extremely proud of the Council for the work they did at their workshop and in their determination to engage the community. He stated that the Glatt House is having a "People Show" from February 6th through February 27th featuring various WiIlamette Valley artists. The hours are Tuesday through Saturday, 12:00 noon to 4:00 pm, and they encouraged the Council to attend the show. The new Glatt House ribbon cutting will be at 10:00 am on February 13th and he will attend the ceremony. Mayor Jennings also stated that Councilor Kilmurray will be the Council liaison to the Woodburn Fire District Board. Page 9 - Council Meeting Minutes, January 25, 1999 -I ----.--- ~ . COUNCIL MEETING MINUTES January 25,1999 TAPE READING 1331 EXECUTIVE SESSION. FIGLEYIBJELLAND... adjourn to executive per ORS 192.660 (I)(f) and ORS 192.660(l)(h). The motion passed unanimously. The meeting adjourned to executive session at 9:05 p.m. and reconvened at 10:07 p.m.. Mayor Jennings stated that no decisions were made in the executive session. 1350 PUGHlKILMURRAY... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:08 p.m.. APPROVED ~AJ~. "f" RICHARD JEN S, MA OR ATTEST III ..~ Mary ~t, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, January 25, 1999 1- ..--..-- ~ T