Loading...
Minutes - 01/11/1999 ) COUNCIL MEETING MINUTES January 11, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 11, 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 Kilmurray 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, Finance Director Gillespie, Library Director Sprauer, Intern Administrative Asst. Smith, City Recorder Tennant 0025 WOODBURN COMMUNITY ACCESS TELEVISION (WCATl ANNUAL REPORT. Jerry Cotter, WCA T President, reviewed the history of this non'profit organization which has, over the years, brought locally produced programming to cable TV subscribers within our community. WCAT is a volunteer organization and interested citizens have been trained to use the equipment for television production. The WCAT Board membership has been expanded from 5 to 7 persons including representatives from the City and School District. A part-time Executive Director was hired in November 1998 in lieu of DirectLink providing 15 hours of staff time each week and funding for this position is from a negotiated agreement with DirectLink. WCAT does receive its funds through the City's franchise agreement and these funds are used for operations and equipment. The organization has been growing slowly and the training schedule has been changed to provide more flexibility to its volunteers. There are approximately 45 trained volunteers within the community but only about 1/3 of those volunteers are active. The Executive Director will be contacting the non-active trained volunteers to see if they would be interested in helping the organization. The relationship between WCAT and DirectLink is very positive and DirectLink has also agreed to pay an additional sum of money monthly to hire 2 high school students to help the Executive Director as needed. WCAT is in the process of developing a business plan which would include issues such as employees, community outreach, equipment, training, and funding issues. A mission Page I - Council Meeting Minutes, January 11, 1999 ,- , m , --I COUNCIL MEETING MINUTES January 11, 1999 TAPE READING statement was also developed by the Board during 1998. There continues to be a need for equipment for on-air operations, field productions, and studio equipment. Local shows are being produced and WCAT has been exchanging shows with other local access centers for airing in their area. In addition to the Council meetings, WCAT has started to video tape the local School Board meetings. In 1999, the hours of programming will increase and they are trying to stablize their schedule so viewers can count on shows being on cable TV at specific times. In regards to funding sources, Mr. Cotter stated that, in the past, WCAT has relied on franchise fees but they are now looking at other sources such as grants, partnerships, and selling sponsorships. ANNOUNCEMENTS. Goal Setting Workshop - The Council will hold a goal setting workshop on January 15th from 6:00 pm - 9:00 pm and on January 16th from 9:00 am - 5:00 pm. Notice of Vacancy on Woodburn Library Board - The Woodburn Library Board has two openings (unexpired terms) on the Library Board. Notice of Vacancy on Recreation and Park Board - The Recreation and Park Board has one vacancy that needs to be filled. Administrator Brown stated that applications are available in the Administrative and City Recorder's offices and interested citizens are urged to submit the application listing (I) which committee they would like to serve on and (2) background or experience they may have which qualifies them for the appointment. The Mayor and Council will evaluate the applications and interviews may be conducted before final selection is made. Press releases have been made regarding the Recreation and Park Board vacancy and additional postings will be made to encourage citizens to apply. Public Hearing on Block Grant - A public hearing will be held before the Council on February 8, 1999 to receive input from the public on the expenditure of 1997 and 1998 Local Law Enforcement Block Grant funds. 0535 CHAMBER OF COMMERCE. Included in the agenda packet was the Chamber of Commerce semi-annual report. Cindy Vetter, Chamber Board member, informed the Council of the following upcoming events: I) Business After Hours will be held on January 14t\ 4:30 p.m., at the Woodburn Medical Clinic (974 N Cascade Drive); 2) Chamber Forum will be held on January 20th, 12:00 noon, at the Woodburn Family Clinic. Guest speaker will be Mayor Jennings who will give a "State of the City" address; 3) The current issue of the Sunset magazine included a great article about restaurants Page 2, Council Meeting Minutes, January 11, 1999 "', --... COUNCIL MEETING MINUTES January 11, 1999 TAPE READING in Woodburn and calls have been made to the Chamber office from individuals who are interested in the Hispanic culture in the downtown area; and 4) Representatives from the Chamber Business Development Committee and the City Administrator met with Senator Marilyn Shannon last week to bring the Senator up to date on the transportation problems in Woodburn. 0581 John Melendez Jr., 335 S. Settlemier, addressed the Council regarding the transferring of SDC rights (system development charges) at 976 N Pacific Hwy (Mall 99). He stated that on September 3, 1998, the City's Public Works Department had verbally informed them that the SDC rights would remain with the site and no additional charges would be assessed. They proceeded to order equipment and signed a 5-year lease with the Mall for the site. About two weeks before opening the business, the City informed them that they would not transfer the rights and would be charging them approximately $100,000 to acquire the SDC rights for that site. He stated that they had placed trust in the verbal agreement thereby making the initial $50,000 investment to order the equipment and secure the lease. Subsequently, they contacted their lawyer, Wally Lien, who submitted a letter to City Attorney Shields. Mr. Melendez provided the Council with a packet of information which included a copy of the letter. Mr. Melendez stated that Ord. 2070 does provide for SDC exemptions and Leroy Miller, former owner of the Laundromat at 976 N Pacific Highway, applied for an exemption for the purpose of expanding his operation at 1188 N Pacific Highway. This exemption was granted to Mr. Miller on November 2, 1998 which was after the City had verbally agreed that the SDC rights would remain at the property. He stated that they do not want to go into an extended legal battle with the City on this issue and requested that they be allowed to move into this site with their Laundromat business without incurring additional system development charges. Attorney Shields advised the Council that, even though Mr. Melendez has a right to express his opinion, the City has received a demand letter from Mr. Melendez's attorney. As the City Attorney, he is not at liberty to contact Mr. Melendez and he has to deal with Attorney Lien. He advised the Council to allow Administrator Brown and himself to look into this matter and possibly meet with the Council in Executive Session. Since there is threatened litigation on this issue, he advised the Council not to make any comments at this point in time. Mr. Melendez stated that he was appearing before the Council for the purpose of voicing his opinion and did not expect any response from the Council at this meeting. 0940 CONSENT AGENDA. A) Approval of Council minutes of December 14, 1998, Special Council meeting minutes of December 18, 1998 and Council workshop minutes of December 18, 1999. Page 3 - Council Meeting Minutes, January 11, 1999 f-..-~" -'" COUNCIL MEETING MINUTES January 11, 1999 TAPE READING B) Acceptance of Library Board minutes of December 16, 1998. C) Acceptance of Planning Commission minutes of December 10, 1998. D) Acceptance of Recreation and Park Board minutes of November 10, 1998. E) Receipt of Police Department Activities Report for November 1998. F) Approval of Claims for the month of December 1998. G) Receipt of Building Activity Report for December 1998. Mayor Jennings stated that he had noticed a couple of spelling errors in the minutes and staff was making the corrections. FIGLEyIPUGH.... consent agenda be adopted. The motion passed unanimously. 0970 PUBLIC HEARING. AMENDMENTS TO THE WOODBURN ZONING ORDINANCE FOR THE DOWNTOWN CONSERVATION DISTRICT. Mayor Jennings declared the public hearing open at 7:32 p.m.. Community Development Director Goeckritz stated that this hearing does not require the reading of the ORS 197 land use statement. He stated that the Planning Commission has recommended that an amendment be made to the Zoning Ordinance, Chapter 40 _ Downtown Design and Conservation District (DDCD), which would allow outright use of municipal or government service buildings. He briefly reviewed background information on this zoning designation and stated that the original land use allowances in that district did not include governmental buildings due to staff oversight in compiling the list of allowable uses. No one in the audience commented on the proposed amendment to the zoning ordinance. Mayor Jennings declared the public hearing closed at 7:37 p.m.. FIGLEyIBJELLAND.... approve the Planning Commission recommendation and direct staff to prepare ordinance with findings and conclusions in approval of the amendment. The motion passed unanimously. 1183 CENTENNIAL PARK PHASE I DESIGN CONTRACT EXTENSION. Administrator Brown stated that staff is recommending the contract with Leisinger Designs be extended to May 31, 1999 since inclement weather and drainage problems have delayed the project. It is also recommended that the contract amount be increased by an amount not to exceed $14,500 since additional engineering time is required to find solutions to the storm water problems and the project has been redesigned to keep it within the budget. PUGHlFIGLEy.... move to extend the contract with Leisinger Designs for design and construction management service at Centennial Park and not to exceed $14,500 through this budget year. The motion passed unanimously. Page 4 - Council Meeting Minutes, January 11, 1999 ~''---' - . , COUNCIL MEETING MINUTES January 11, 1999 TAPE READING 1267 BID A WARD - SETTLEMIER PARK ACTIVITY CENTER. The following bids were received for the Settlemier Park Activity Center: Option 1 Option 2 Modem Building Systems $76,730.00 $49,230.00 Pacific Mobile Structures $84,011.00 $55,033.00 Commercial Mobile Structures 77,921.00 52,153.00 Capitol Modular 90,409.00 59,714.00 Administrator Brown stated that the Parks Department is recommending the acceptance of the low bid under Option 1 from Modem Building Systems. Option 1 provides for an activity center and office space while Option 2 only provides for the activity center. The original budgeted amount of $50,000 was an estimate based on a proposal to install a modular unit for housing Park offices since the offices needed to be moved from the second floor of the Community Center. As plans moved forward, the scope of the project changed and it became apparent that there was a need to add a second Drop-In Center site. Even though the Parks administrative offices will be moved to either City Hall or the newly purchased bank building, the office space can be used by Recreation Program Coordinator. Total project cost is estimated to be $105,000 which includes site preparation and a 15% contingency. In order to fund this proposal, staff recommends the transfer of $40,000 of the previously appropriated amount of $50,000 from the Community Center Master Plan and $15,000 from the Recreation & Parks CIP - Neighborhood & Park Maintenance Projects Fund. If the Community Center Master Plan appropriations are used for this project, consideration will need to be given to rebudget these funds for next fiscal year. If contingency funds are used, it will impact the purchase of picnic tables and benches that were planned to be installed at Centennial Park this year. Councilor Chadwick expressed her opinion that Option 1 should be pursued since that area of town does need a location for afternoon youth programs. Councilor Sifuentez stated that she wants the Activity Center but she also wants the Community Center. However, she would be willing to approve the project provided that money is earmarked in next year's budget for the Community Center project. Councilor Bjelland questioned what the Community Center Master Plan would entail. Administrator Brown stated that the Park Board is currently looking at this issue and it will involve the replacement of the building currently being used since there are concerns regarding the usability and safety of the upstairs. The master plan would start the process to evaluate options that would provide a multi-purpose facility with a recreational orientation. The amount budgeted for the master plan would provide consulting services, however, it is quite late in the fiscal year and the $10,000 remaining balance would be sufficient to cover the consulting work done on this project through June 30th. It was also noted that the modular unit can be moved to another location at a later date if the need arises. Page 5 - Council Meeting Minutes, January 11, 1999 ~'-'~ COUNCIL MEETING MINUTES January 11, 1999 TAPE READING Councilor Kilmurray expressed her support of the modular unit that would provide both an activity center and office space. Funds need to be spent wisely and there is a need for another location to provide youth on the west side of town a program that has proven to be successful. Councilor Figley stated that she has been impressed with the good work done at the existing Drop-In Center and an the opportunity to expand is very positive. With the recent upgrades to Settlemier Park, it is becoming more of a family park and having a combination office and activity center will further enhance the park. Councilor Pugh expressed his support for this project and funding for the Community Center master plan can be addressed in the upcoming budget process. FIGLEYIPUGH.... award a construction contract to the lowest qualified bidder, Modern Building Systems, in the amount of $71,240.00 for Option #1. The motion passed unanimously. 1848 COUNCIL BILL 1943. RESOLUTION ENTERING INTO LOCAL AGENCY FUND EXCHANGE AGREEMENT NUMBER 17048 WITH THE STATE OF OREGON TO EXCHANGE FEDERAL SURFACE TRANSPORTATION PROGRAM FUNDS. Council Bill 1943 was introduced by Councilor Chadwick. 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 Jennings declared Council Bill 1943 duly passed. 1927 COUNCIL BILL 1944 - RESOLUTION CALLING FOR PUBLIC HEARING ON ANNEXATION OF PROPERTY LOCATED NORTH OF VANDERBECK STREET AND WEST OF BOONES FERRY ROAD. Council Bill 1944 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. Mayor Jennings stated that the final order has been presented to the Planning Commission as of this date but it will be completed before the February 8th public hearing. If the final order has not been approved by the Commission, the hearing will be held over to another date. On roll call vote, the bill passed unanimously. Mayor Jennings declared Council Bill 1944 duly passed. 2000 AUTHORIZATION OF MANAGEMENT ANALYST I POSITION. Administrator Brown reviewed his request to have the Council approve the creation of a Management Analyst I position effectively January 12, 1999. The individual who would be filling this permanent classification has been working as an intern in the administration office and has worked with several departments on a variety of projects. He has also served as liaison to the Woodburn Downtown Association and in meetings with other Page 6 - Council Meeting Minutes, January 11, 1999 - . COUNCIL MEETING MINUTES January 11, 1999 TAPE READING agencies. There continues to be a need for an individual to assist in formulating and implementing new programs and researching information for management staff. Funding for the position will be provided from charges to user departments and from the general fund. This position will be placed at the same level as a project manager classification which starts at $2,480 per month with the cost for the remaining portion of fiscal year 1998-99 estimated at $17,500. The estimated cost for 1999-2000 is $45,290 which does provide for step advancement and a COLA adjustment. Since there are no funds in the budget at this time, if approved, he will bring back a request for a contingency fund transfer for a portion of the cost. PUGHlFIGLEY... move to endorse the creation of a Management Analyst I for the City Administrator's office effective January 12, 1999. Mayor Jennings expressed his opinion that the City is not large enough for an Assistant City Administrator but we are large enough for a Management Analyst position. The Councilors expressed their support for the new position. The motion passed unanimously. 2365 1997-98 CITY AUDIT REPORT. Finance Director stated that the financial audit for the period of July 1, 1997 through June 30, 1998 was recently completed by our auditing firm of Boldt and Carlisle. Once again the City has received an unqualified opinion. This clean opinion is attributed to everyone in the City who has responsibility for internal control or policy decisions. He briefly explained that the best opinion given by auditors is unqualified which says that the statements fairly represent the business activity of the organization. Other types of opinions are an adverse opinion (statements do not represent what happen in that year) and a qualified opinion (statements are fair with these qualifications). Like all other public agencies around the country, he stated that the audit report for 1998-99 will probably receive a qualified opinion since the Governmental Accounting Standards Board and the American Institute of Certified Public Accountants are taking different positions on disclosure of Y2K preparedness. Copies of the audit report are available in the Finance Office if the Councilors are interested in reviewing the report. 2540 SITE PLAN ACTIONS. A) Oregon Golf Association #98-20: No action was taken by the Council on this issue. B) Universal Forest Products #98-22: No action was taken by the Council on this issue. 2570 CITY ADMINISTRATOR'S REPORT. A) Status Report on Factory Outlet Stores: Public Works Manager Rohman stated that the Factory Outlet project approval included several different offsite improvements. Staff has been monitoring this project and are Page 7 - Council Meeting Minutes, January 11, 1999 -." COUNCIL MEETING MINUTES January 11, 1999 TAPE READING concern with offsite improvements relating to the installation of a traffic signal at Woodland Ave and Hwy. 219 and on roadway improvements that involve the local improvement district (LID) process. A meeting was held with the developer on December 2, 1998 and they had indicated that they had been working with the benefitted property owners and would be bringing forth a petition to initiate the improvement projects. Staff has not heard from the developers since that date and staff is concern that center will be ready for opening before the improvements are completed. He stated that an alternative to the LID process is the developer entering into private agreements with the other benefitted property owners to fund the projects but staff has not heard if the developer is considering this funding approach. He reminded the Council that a condition of approval was the completion of the offsite improvements prior to the City issuing the Factory Outlet Center a certificate of occupancy. Councilor Pugh stated that he would be willing to assist staff in getting the developer's attention on this issue since the offsite improvements are necessary before the center opens for business. It was the consensus of the Council to aggressively pursue this issue. Administrator Brown stated that staff was going to follow-up with a letter to the developer. B) Final Public Employees Retirement System (PERS) Contract: Administrator Brown stated that the contract has been signed by all parties and a copy of the final contract is included in this packet for Council information. 3075 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez stated that she and the Mayor attended a church service yesterday in West Woodburn at which time they spoke to the congregation about the City and encouraged them to become involved. Councilor Figley expressed her opinion that the Park Department is doing a fine job on upgrades and is excited about the progress at Centennial Park. The project is moving along and will be open later this spring. Councilor Pugh stated that he had attended the Transportation Committee meeting which is addressing issues relating to the 1-5 corridor. Information will be given to the legislature while they are in session and it is hoped that it will have a positive effect in accomplishing future projects especially in our area. He expressed his appreciation to Willis Graff for his attendance and input at the meeting. Mayor Jennings stated that he was pleased to see the large number of people attending the Woodburn Invitational Swim Meet last Saturday. In regards to the League of Oregon Cities Elected Officials workshop, it will be held in Wilsonville on February 19th and 20th and the City will pay registration fees for those who decide to attend. Registration deadline is February 12th. Page 8 - Council Meeting Minutes, January 11, 1999 -,. . . COUNCIL MEETING MINUTES January 11, 1999 TAPE READING Mayor Jennings stated that he had received an invitation to attend the Woodburn Community Safety Net Committee meeting on January 13th, 12:00 noon, at the Family Medical Center. The topic of discussion is the AWARE Food Bank. The Woodburn Downtown Association and U.S. Bank are having a workshop on Thursday, January 21", 7:00-9:30 p.m., in the City Hall Council Chambers. The topic will be on how to "Improve Your Business Climate - Service with a Smile". Secretary of State Phil Keisling will be a part of the Chautauqua series program on Wednesday, February 3'd, beginning at 7:00 p.m.. This program is open to the public and will be held in the Council Chambers. Mayor Jennings stated that Councilor Sifuentez has agreed to be the liaison between the Council and Woodburn School Board. If she is unable to attend a School Board meeting, either he or the Council President will attend the meeting in her place. Mayor Jennings also requested that the new Councilors receive a copy of the Oregon Liquor Control Commission guide for liquor licensing. EXECUTIVE SESSION. FIGLEYIBJELLAND.... move into executive session under ORS 192.660(1)(f) and ORS 192.660(1)(h). The motion passed unanimously. The Council adjourned to executive session at 8:36 p.m. and reconvened at 10:05 p.m.. 0238 In regards to the workshop on January 15'h, Administrator Brown stated that it will begin at 6:00 p.m. and conclude around 9:00 p.m.. On Saturday, January 16th, the workshop will begin at 9:00 a.m. and conclude around 5:00 p.m.. 0299 Mayor Jennings stated that no decisions or motions were made in Executive Session. FIGLEYIPUGH... authorize the City Attorney to file a complaint in Marion County for enforcement of the dangerous building ordinance against the property located at 333 N. First Street. The motion passed unanimously. 0256 ADJOURNMENT. FIGLEY/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:08 p.m.. ~~ ' APPROVED _' b... D _"",. .~~ RI HARD J INGS, \<\ YOR ATTEST /lIeu- ~ Mary Teftant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, January II, 1999 -..,.--....----. - .