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Minutes - 11/14/2005 COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 14, 2005. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, Public Works Director Tiwari, Police Chief Russell, Public Works Manager Rohman, Finance Director Gillespie, Park & Recreation Director Westrick, Information Services Manager Miles, City Recorder Tennant Mayor Figley recognized the sacrifices of military personnel both current and veterans in their service to Oregon and the United States. She also requested for a few minutes of silence to remember those individuals who have lost their lives while in the service and to direct kind thoughts to their survivors. 0077 ANNOUNCEMENTS. A)City offices will be closed on November 24 and 25, 2005 in observance of Thanksgiving. The Aquatic Center and Library will be closed on November 24,2005. B) Holiday Tree Lighting and Coloring Contest will be held on Sunday, December 4, 2005, in the Downtown Plaza. Food will be sold by local vendors between 12:00 noon and 8:00 p.m.. A candlelight procession from Settlemier House to the Downtown Plaza will begin at 5:00 p.m. followed by a tree lighting ceremony at the Plaza. Entertainment will include three different dance and singing groups and a posada for children. 0156 PROCLAMATION: PREMATURITY AWARENESS DAY - NOVEMBER 16. 2005. Mayor Figley read a proclamation proclaiming November 16,2005 as Prematurity Awareness Day in support of the March of Dimes's efforts to fund research and programs to find causes for premature births. Page 1 - Council Meeting Minutes, November 14,2005 T .. COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING 0247 PRESENTATION: INTRODUCTION OF INFORMATION SYSTEMS MANAGER. Finance Director Gillespie introduced Brian Miles as the City's new Information Services Manager. He stated that Mr. Miles is from Phoenix, Arizona and has a strong background in network design and maintenance and has previously done a migration of networks similar to the type of project the City will soon be working on. Mr. Miles expressed his appreciation for the opportunity to work for the City and he will be working on the City's system to make it operate at its full potential. 0388 CHAMBER OF COMMERCE REPORT. Nick Harville, Executive Director, distributed copies of the Christmas brochure that was developed by the Tourism Alliance and it lists all of the scheduled events within the communities represented in the Alliance. He also distributed copies of a document that outlines the second part oftheir series on "Marketing to Latinos". This series focuses on how Anglo businesses should be marketing themselves in order to capture some of the Latino market. This session will be held on December 8, 2005 and he hoped this session will be as well attended as the first session. He stated that the Chamber Board planning retreat will be held on November 14, 2005. Another upcoming event is the Crystal Apple Award on Friday, November 18, 2005. 0496 LETTER FROM PORTLAND-WOODBURN R.V. PARK DATED NOVEMBER 7. 2005. Mayor Figley stated that the letter from the RV Park Manager complimented the Public Works Department, in particular Julie Moore, for reviewing the traffic issues on Arney Road which included placement of directional signs to Woodburn Company Stores on the south side of Arney Road and to re-locate 1-5 directional signs so that the signs are more visible to motorists. The Mayor stated that she had also received a letter from a gentlemen thanking the City for the level of professionalism that the City's Police Officers exhibited in a rather tragic situation. 0562 CONSENT AGENDA. A) approve Council meeting minutes of October 24, 2005; B) approve the Special City Council meeting minutes of October 31, 2005; C) receive the informational report on planned Highway 99E Traffic Median Visibility improvements; D) receive the Building Activity report for October 2005; E) receive the Planning Tracking Sheet dated November 4,2005; and F) receive the claims for October 2005. Page 2 - Council Meeting Minutes, November 14, 2005 T .. COUNCIL MEETING MINUTES NOVEMBER 14,2005 TAPE READING In regards to the Highway 99E Traffic Median Visibility improvements, Councilor McCallum stated that the City will be painting, and maintaining, the median since ODOT no longer has equipment to hand paint. Additionally, ODOT will install reflective wands and buttons on the median strip. Councilor Nichols stated that he did not want to see the islands proposed in the Highway 99E Safety and Preservation project constructed if they will become water collectors in the roadway. Public Works Manager Rohman stated that he would relay this concern to ODOT. NICHOLSIMCCALLUM... adopt the consent agenda as presented. The motion passed unanimously. 0746 TABLED BUSINESS: UNION PACIFIC PIPELINE CROSSING AGREEMENT. Mayor Figley stated that staff work needs to be completed before it will be brought back to the Council for consideration. 0763 PUBLIC HEARING: SALE OF COMMUNITY CENTER PROPERTY. 491 N. Third Street. Mayor Figley declared the public hearing open at 7:14 p.m.. Administrator Brown stated that there were three (3) offers on the table at the time the staff report was written. Since then the offer from Brian Lehman has been retracted. The remaining offers are from Chay LLC. and Mikko Aaby. Chay LLC has been submitted an addendum to increase their offer to $205,000 from the original $195,000 as well additional information on what their plans are for the building. He stated that his original recommendation was to reject both the Chay LLC and Lehman offer and to accept the Mikko Aabyoffer. However, he would now recommend that the Council consider both offers and decide which offer to accept then direct staff to proceed with drafting a resolution for consideration at the next regular meeting. He also stated that he had not signed an acceptance ofChay LLC's addendum and would not do so unless the Council elects to accept their offer since the addendum was just received today. Administrator Brown reviewed background information relating to the sale of this property. A bid had been accepted by the Council in June 2005 but the financing fell through which is why the property was placed back on the market. The public hearing is being held as required under Oregon state statutes for disposition of surplus property and this public hearing was noticed in last week's Woodburn Independent. He stated that the appraisal amount in 2001 was based on a market study of a sales comparison valuation approach and valued at $395,000. The City tried to sell the property outright but received no bids on the property anywhere near the appraisal, however, one bid was received at $160,000. Hallmark Realty then assisted the City is marketing the property and, following their review of comparable property values, the property was listed at $200,000. The bid from Mikko Aaby is in the amount of $200,000 and they have a pre-approval for their loan conditioned upon a number of mortgage company requirements. The rear portion of the Page 3 - Council Meeting Minutes, November 14,2005 .. ... COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING building would used as a residence and the front portion of the building used to operate a computer consulting service. The closing period for this offer would be December 16, 2005. This offer was initially recommended for acceptance since it was a higher sales price and the use was less intensive and potentially less disruptive for the neighborhood. He also stated that a condition of the sale has been for potential buyers to meet commercial office zoning on this property rather than commercial general since it is consistent with the zoning approved within the Periodic Review update and Comprehensive Plan amendments. The second offer was for $195,000 but has been amended to $205,000 and would best any other offer by $1,000 up to a $250,000 maximum. Chay LLC is considering the opening of an Art Center with a variety of uses that would simulate some of the activities held at the Community Center prior to its closing less some of the party activities and the government restaurant activity (Senior Meals program) that was being operated out of the Center. This bid would also close on December 16, 2005 and would be a cash on hand sale. Both offers are good but the choice is being left to the Council as to which offer will be accepted. 1339 Chuck Sirianni, father of Ann Chay of Chay LLC, stated that the funds are currently in escrow and ready for disbursement if the Council accepts their offer. They would like to establish their Art Center program in the Willamette Valley close to Salem and feel that Woodburn is the right location for their program. Joan Ormsby stated that she would be operating a dance studio plus a variety of other art forms. In her opinion, the building could be made very attractive again with the improvements planned by Chay LLC. Mr. Sirianni stated that they are very serious about moving forward with the Performing Arts Center proposal and feel that they would do a good job in working with the City on the improvements. Councilor McCallum questioned the number of students at anyone time in the building. Ms. Ormsby stated that class sizes are generally small in size and they will be offering private classes. Councilor McCallum expressed concern with the amount of parking available next to the building and the potential impact on the neighborhood if on-street parking is required for clients or visitors to the Art Center. Mr. Siranni stated that they realize that the parking off-street parking is limited but felt that they would be able to find solutions to the parking situation if the need arises. They will also be making substantial repairs to the building which will enhance the neighborhood. In regards to a potential catering business, the food would be prepared in the existing kitchen but the catering would be done off-site. There would be no parties held at the Center, however, they are still looking at potential uses of the building in order to create some sort of cash flow. Councilor Cox reminded the Council that whatever plans Chay LLC make for uses of the building will need to be consistent with commercial office zone. Page 4 - Council Meeting Minutes, November 14,2005 T I COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING Councilor Sifuentez reminded the Council that there is a City-owned parking lot located about 1 block away from the Community Center. Councilor McCallum reiterated his concern about the impact on-street parking will have on the neighborhood. 2059 Mike LaVoive spoke on behalf of his fiancee Mikko Aaby regarding their proposed use of the property as a residence in the back portion and the front portion of the building housing his computer consulting business. He stated that their business will not impact the neighborhood since his company, Vmedia Services, is an IT base business where they put together virtual tours on the internet. He goes out to the job sites to photograph and then processes them on the computer. Traffic flow would be minimal since clients generally upload their data on the computer and send it over to his business for processing and uploading on the web. In regards to making repairs to the property, they would be able to invest about $50,000 immediately to make upgrades to the building. 2424 Councilor Lonergan felt that both were viable offers that would be good for Woodburn but was inclined to go with the offer submitted by Mikko Aaby. Councilor Sifuentez stated that she was inclined to go with the offer from Chay LLC in that their presentation was well done and felt that their proposal would provide a service that our community presently needs since it will most likely be a few years before the City is able to construct another Community Center. Councilor Cox reminded the Council that presentations made by parties are helpful but not legally binding on their behalf. He felt that both were good offers and felt that going with the highest offer would be beneficial to the City. Councilor McCallum stated that he would like people to come to downtown Woodburn but was concerned with the neighborhood impact if a business generated a lot of traffic. Councilor Nichols felt that the second offer has a better opportunity of survival at this time realizing that the first offer will benefit the community at large. Councilor Bjelland stated that this was not an easy decision since there are impacts on the total community, the neighborhood, and the dollar amount is relatively minor compared to the total impacts on the community. The second offer is a more financially viable investment since it is intended to be a shared residence and business. The first offer would be relying on attracting enough clients to justify the investment in the business. Mayor Figley stated that she could be persuaded that the first offer could be conditioned upon the purchaser working with the City to minimize the situations that did come up while the building was being utilized as a Community Center. However, she felt that the second offer would be a good fit for the neighborhood and the amount of money involved in the purchase price is not significant and she would prefer the less intensive use of the building. No one in the audience spoke either for or against either one of the proposals. Councilor Bjelland questioned if the building is, or being, considered as a historic building thereby qualifying for tax credits. Page 5 - Council Meeting Minutes, November 14, 2005 I COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING Administrator Brown stated that to the best of his knowledge the building would not be considered as a historic building and it is not on a historic register at this point in time. Mayor Figley closed the public hearing at approximately 7:50 p.m.. LONERGAN/MCCALLUM... accept the offer from MikkoAaby in the amount of $200,000.00. On roll call vote, the Councilors voted 3-3 with Councilors Bjelland, Sifuentez, and Cox voting nay. Mayor Figley voted aye and stated that the Community Center building would be sold to Mikko Aaby. The Mayor also thanked Chay LLC for their proposal and interest in the Woodburn community and for their professionalism in their presentation. 3411 COUNCIL BILL NO. 2597 - RESOLUTION AUTHORIZING EXECUTION OF COLLECTIVE BARGAINING AGREEMENT WITH AMERICAN FEDERAL OF STATE COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 642. Councilor Sifuentez introduced Council Bill 2597. Recorder Tennant read 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 2597 duly passed. 3534 COUNCIL BILL NO. 2598 - RESOLUTION ESTABLISHING EMPLOYEE COMPENSATION INCLUDING SALARY AND BENEFITS. Council Bill 2598 was introduced by Councilor Sifuentez. 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 2598 duly passed. 3600 COUNCIL BILL NO. 2599 - RESOLUTION AUTHORIZING EXECUTION OF COLLECTIVE BARGAINING AGREEMENT WITH THE WOODBURN POLICE ASSOCIATION. Council Bill 2599 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Lonergan questioned the language in Article 11 regarding time spent by an assigned officer for off-duty canine care. Chief Russell stated that the federal 9th Circuit Court issued a ruling on how officers would be compensated for canine care and the language in the proposed agreement is consistent with the court's decision. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2599 duly passed. Page 6 - Council Meeting Minutes, November 14,2005 COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING 3805 COUNCIL BILL NO. 2600 - RESOLUTION AUTHORIZING THE WASTEWATER TREATMENT PLANT TO ELECT TO USE DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) APPROVED INTERIM HEADWORK LOADING LIMITS. Councilor Sifuentez introduced Council Bill 2600. 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 2600 duly passed. 3908 ACCEPTANCE OF PUBLIC RIGHTS OF WAY AND PUBLIC UTILITY EASEMENT. Staff recommended the acceptance of the public right of way and public utility easement from the Marion County Housing Authority in conjunction with Hazelwood Estates development located at 825 Carol Street. NICHOLS/BJELLAND... accept the attached Public Rights of Way as described on Attachment "A" and the Public Utility Easement as described on Attachment "B" in the staff memo. Councilor Cox stated that the easement document is headed Public Utility Easement but the content of the document provides for an easement to operate franchise utilities and does not cover the publicly owned water, sewer, and storm drain lines. He questioned if the easement before the Council will ever be needed for the publicly owned utilities. Public Works Director Tiwari stated that there would be no need for an easement for publicly owned utilities since the current easement already includes the publicly owned utilities and the extra five (5) feet will provide sufficient area for the franchise utilities to perform their work in installing and/or repairing their lines. The motion passed unanimously. 4153 ACCEPTANCE OF PUBLIC STORM SEWER AND PUBLIC WATER MAIN EASEMENT. Staff recommended the acceptance of the easements from the Oregon Golf Association as a condition of approval in conjunction with The Links at Tukwila Phase IV PUD. BJELLAND/NICHOLS... accept the attached Public Storm Sewer Easement as described on attachment" A" and the Public Water Main Easement as described on Attachment "B" in the staff report. The motion passed unanimously. 4237 CITY ADMINISTRATOR'S REPORT. A) Marion County Strategic Planning - Administrator Brown stated that staff had prepared a list of issues and answers to the discussion questions based on those issues in order to give the County a more prepared answer to their questions. He stated that staff is focusing on 1) Land Use to facilitate Economic Development, 2) an ailing Criminal Justice System, 3) needed Transportation improvements, and 4) Education. He also referred the Council to the last question on the list of discussion questions which asked Page 7 - Council Meeting Minutes, November 14, 2005 .. COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING for additional suggestions and staff listed emergency preparedness, cultural awareness, and recreation programs as programs that should be considered for future County funding. Councilor Bjelland suggested that under question #2, the bullet point to streamline land use processes include the periodic review and urban growth boundary amendment process. Administrator Brown suggested that the Mayor and Councilors review the staff s responses and let him know within the next couple of days if they have any other changes they would like to make before he forwards the information to the County. B) Intergovernmental Agreement with ODOT regarding funding at the 1-5 interchange improvement - Administrator Brown stated that he has been negotiating with ODOT the local share of the interchange improvements since ODOT does not have a specific dollar amount or split that has been established by the State. ODOT has informed the City that unless there is a local match a project will have a much more difficult time being funded by the State. He stated that negotiating an agreement is important to the City since the City's Transportation System Plan relies on ODOT designation of the interchange as a planned improvement. Negotiations to date have resulted in a 15% local share and he is working on getting that to be a known dollar amount with credit for the $2.5 million previously spent for property purchase plus credits for federal earmarked funding and whatever other sources that might be obtained by the City for this improvement. The local share would be borne by the City but could be passed on through traffic impact fees and/or assessments to be paid by private development. Additionally, the City will also be able to utilize ODOT's investment bank so that if the City will not have all of the money available when required under the agreement the City will be able to borrow from ODOT and repay the money within 2 years after the project goes on the STIP which is about the same time that construction costs will need to be paid. He also stated that he will be talking to Marion County about contributing towards the City's local share since this interchange serves North Marion County. The Council will be provided with an intergovernmental agreement for review within the near future. Councilor Bjelland stated that he was glad to hear that negotiations are currently at a 15% local share rather than the initial 25% share ODOT had requested since no other City interchange area would come close to that figure and Woodburn should not have to pay that high of a percentage of cost. C) Administrator Brown stated that Greg Protham (Greg Protham Company) has been working on the Community Development Director position profile with the next step being advertisement for this position. In regards to the salary level, the former Director was being paid around $76,000 and, with COLA, the number would be closer to $80,000. Mr. Protham has requested that he be allowed to advertise a salary range of $70,000 - $85,000. Administrator Brown requested Council approval to set the salary range as suggested for the purpose of putting out an advertisement and then seeing what Page 8 - Council Meeting Minutes, November 14, 2005 T .. COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING response the City gets for an applicant pool. Under the current time lines for this recruitment, the City will probably not make a hiring offer until the end of February with a start date approximately 30 days later. The Council had no objection to setting the salary range at $70,000 - $85,000. D) Letter of Intent to Retire - Administrator Brown stated that he had received a letter of intent to retire from Library Director Linda Sprauer effective June 30, 2006. He stated that she recently had a contract renewal and the new contract goes through June 30, 2006. 5650 MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that the Holiday Music Festival will be held at the High School Lectorium on December 6 and 8, 2005 beginning at 7:00 p.m.. Councilor McCallum extended his congratulations to the Woodburn Meth Task Force who presented an Anti-Meth Showcase earlier this month which was very well-attended and Chief Russell gave an excellent job in presenting information to the attendees. He stated that the Task Force is looking at doing a community-wide presentation. Councilor Sifuentez stated that she had attended the League of Oregon Cities conference last weekend and one ofthe big issues discussed at the conference was the Measure 37 land use issue which is now before the Oregon Supreme Court. Once a court decision has been made, it will most likely generate more ballot measures for voters in upcoming elections. Another issue involved the methamphetamine problem state-wide and she felt that within our own community it is necessary to target the Hispanic population for education in order to try and combat this problem. She stated that it was important that the Council support the Police Department in every effort they can to combat this growing drug use problem within our community. 6008 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(i) to conduct the performance review of the City Administrator. MCCCALLUM/SIFUENTEZ... adjourn to executive session under the statutory authority cited by the Mayor. Administrator Brown acknowledged his right to have his review conducted in open session however he was waiving his right so that the review can be done in closed seSSlOn. The motion passed unanimously. The meeting adjourned to executive session at 8:23 p.m. and reconvened at 9:06 p.m.. 6081 Mayor Figley stated that no decisions were made by the Council while in executive seSSIon. Page 9 - Council Meeting Minutes, November 14, 2005 I COUNCIL MEETING MINUTES NOVEMBER 14, 2005 TAPE READING COXINICHOLS... amend the City Administrator's contract for the forthcoming year effective October 1,2005 to grant him a four percent (4%) increase in salary for the contract period plus his COLA adjustment which was already adopted by the Council at this meeting in a previous matter, and an appropriate addendum to the contract be brought back to the Council for approval and execution at the next meeting. The motion passed unanimously. 6209 ADJOURNMENT. NICHOLSIMCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:08 p.m.. ATTEST ~~ Mary Tenn t, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, November 14,2005 T I