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Minutes - 04/10/2006 COUNCIL MEETING MINUTES APRIL 10, 2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 10,2006. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present (7:03 p.m.) Present Present Present Absent Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Interim Community Development Director Zwerdling, Parks & Recreation Director Westrick, Public Works Manager Rohman, Recreation Manager Patterson, City Recorder Tennant Mayor Figley stated that Councilor Nichols had decided not to attend this meeting since his wife is recovering from surgery. 0096 ANNOUNCEMENTS. A) Woodburn Public Library will host a reception on April 23, 2006, 2:00 - 4:00 p.m., to celebrate the 100th birthday of the Woodburn Public Library. Volunteers will also be honored at this event as part of National Volunteer Appreciation Week and entertainment will be provided. B) Planning Commission training workshop will be held on April 20, 2006, 7:00 p.m., in the City Hall Council Chambers. C) Public Hearing will be held before the City Council on April 24, 2006, 7:00 p.m., City Hall Council Chambers, to consider the Millcreek Greenway Master Plan Legislative Amendment 06-01. D) Public Hearing will be held before the City Council on April 24, 2006, 7:00 p.m., City Hall Council Chambers, to consider the sale of City owned property on Gatch Street. 0117 APPOINTMENTS. Mayor Figley appointed Grayce Higgins to the Budget Committee (Position II with term expiring 12/31/2007) and Willis Grafe to the Library Board (Position V with term expiring 12/31/2009). MCCALLUM/SIFUENTEZ... approve the appointments of Grayce Higgins to the Budget Committee and Willis Grafe to the Library Board. The motion passed unanimousl y. Page 1 - Council Meeting Minutes, April 10, 2006 COUNCIL MEETING MINUTES APRIL 10, 2006 TAPE READING 0157 PRESENTATION: CITY OF CANBY PROPOSED COMMUTER BUS TRANSPORTATION BETWEEN CANBY AND WOODBURN. Margaret Y ochem, Canby Transit and General Services Manager, stated that Canby Transit had withdrawn from Tri-Met in 2002 and they have been providing free transportation service to Canby residents through the use of a previously established Tri- Met payroll tax. Their ridership has been requesting that transit service be extended to Woodburn and, as a result, they have secured federal funding for a pilot program through Job Access Reverse Commute (JARC) from Salem Area Mass Transit that has existing JARC funds reserved for rural services. Canby Transit will be matching the $65,000 grant award which will provide for nine (9) round trips from Canby to Woodburn at peak hours going through Aurora and Hubbard. She requested the Council approval of this pilot program and consideration of some financial assistance to help Canby Transit with the $65,000 match funds, however, it is not critical that the City contribute this first year since Canby Transit has sufficient funds to meet the grant match requirement. Councilor Cox stated that the recent article in the Woodburn Independent explained the program very well and expressed his support of this trial program. Councilor McCallum questioned if the City was prepared in the upcoming City budget to contribute to this project. Public Works Manager Rohman stated that there is no cost to the City at this time but a proposal was briefly discussed at the recent Budget Committee workshop to increase the City's transit service by 2 hours for both the fixed route and Dial-a-Ride programs utilizing additional grant funds to pay for these increased service hours. He stated that he is unsure at this time how much money will be available from that grant and if there are some excess funds, staff may propose to the Budget Committee utilizing some funds towards the pilot program. He has also been discussing the possibility of offering one of the City's vehicles to Canby Transit as a standby in the event they need an additional vehicle. In regards to the grant funds for this program, Salem Transit may ask the City to be the recipient of the grant which would then be passed through to Canby Transit. Councilor McCallum questioned potential route changes to match up with this program. Public Works Manager Rohman stated that they would be looking at some minor changes to the City's existing route by July 1, 2006 in order to try and match up the City's service to the service to be provided by Canby Transit. One of the new stops being looked at by the City is the proposed Park-N-Ride lot near the freeway since that will be a bus stop for Canby Transit. The City's increased service hours would provide for an additional hour before and after the existing service hours to help those individuals who use the service to commute to work. He also stated that Salem Transit through the CART Service is looking at some route changes to be effective with the Canby service that will allow them to provide a little better service to our area. There is also transit service currently provided by Canby Transit to Wilsonville, Molalla, and Oregon City so having this new service in Woodburn will open up a lot of options for our local residents. Page 2 - Council Meeting Minutes, April 10, 2006 COUNCIL MEETING MINUTES APRIL 10, 2006 TAPE READING Councilor McCallum questioned the sustainability of this service since grant funds are being used for this pilot program. Ms. Y ochem stated that the grant is for a two-year program and sustainability is based on ridership. She felt that it would take a year to get the program going and the second year is when it is critical to really make it work. In the meantime, participating agencies will also need to look at budgetary resources for continuation of the program into the future. 0741 CHAMBER OF COMMERCE REPORT. Walt Blomberg, representing the Chamber Board, stated that the Woodburn Area Branding Project focus group will hold another meeting on Friday, April14th, to work on determining what Woodburn and the surrounding area means to our residents. In regards to Chamber office personnel, Ronda Judson will be retiring by the end of June and Kim Gieger has been hired to replace Mrs. Judson. The Chamber has been involved in the original kick-off of this year's Tui1ip Festival but the weather has delayed the tulips from blooming. The festival is scheduled to end on April 20, 2006. Lastly, he stated that the kiosk at the Woodburn Company Stores has been erected and an opening dedication is scheduled for April 19th at 10:00 a.moo Councilor Bjelland stated that he serves on the Community Development Partnership which has approved lottery funding in the amount of$15,000 towards the Woodburn Area Branding Project. 0949 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Superintendent, stated that the annual review of the School District's Strategic Plan will be held on Thursday, April 20th. Over the years, this plan has helped set the course and offered numerous ideas about the direction to work towards. The Strategic Planning process been a community and school effort to not only make it happen but to sustain it. Another annual event is the School's budget process and they are currently working on budget priorities for the upcoming school year. On May 11, 2006, the budget will be presented to the Budget Committee at the high school and the public is invited to attend this meeting. The School District is also moving forward with Facilities Planning and they are trying to look at 10 years into the future. It was noted that it has been 10 years since the bond issue was passed for Heritage Elementary and Valor Middle School. In that time, the district has grown almost 1,000 students and it is projected that another 1,000 students will be part of the School District over the next 10 years. The initial strategy was to use modular units due to the tremendous growth of students but a decision was made 3 years ago to build annexes that had infrastructure. Those units were built out of reserves funds and from loans that are being repaid from operational dollars. The Board recently approved completing the annex at the high school which would make it one of the small schools and this annex will also be paid for through operational dollars. The Facilities Planning team is now looking at what the District needs will be in the future and to weigh the options as to whether or not it is time to go out to the community Page 3 - Council Meeting Minutes, April 10, 2006 COUNCIL MEETING MINUTES APRIL 10, 2006 TAPE READING to ask for bond funds for more space. It is anticipated that a proposal will be before the School Board in May 2006. The Wellness Business & Sports School hopes to have a Principal named at the Board's Apri120th meeting. Lastly, District officials have become aware of a call for students to march regarding the Immigration Protest and April 13th has been the date set for students to participate in a march within our community. He stated that students have a right to participate but there are school rules that they have to comply with. Students will not be allowed off school grounds unless they have parent permission. The District has also been reminding their staff that, as a public employee, they are not allowed to participate in or support or promote a political cause. Any staff members that are participating in this march are doing so on their own personal time. He stated that they are working with the organizers to make sure that they understand the rules the school works under and he hoped that they would help the school to support those rules with the students and their families. Administrator Brown stated that once the students leave the school property the concern shifts over to the City, in particular, the safety of the students. He stated that staff has received some information that there may be some sort of march up the highway and assembling near the interchange. He asked Superintendent Blomberg to share any information regarding the names of organizers with the Police Chief prior to the march. Superintendent Blomberg also stated that the District has sent letters to all of the parents of students outlining the school rules. The District has no idea as to how many students may be participating in this march and many details are still not finalized by the orgamzers. 1833 Mayor Figley stated that the Marion County Board of Commissioners will be holding a public hearing at Woodburn City Hall on Apri126, 2006, 7:00 p.m., on the proposed expansion of the City's Urban Growth Boundary. She encouraged members of the public who would like to submit testimony on this proposed expansion to do so either at the hearing or by submitting letters to the Commissioners. 1895 John Gervais, 360 3rd St., Gervais, stated that there has been a lot of discussion before the Council on tagging and graffiti. He has been a involved in about 3 of those cases and was extremely pleased that the Woodburn Police Department was able to apprehend the individuals involved. He has since received letters of apology from the juveniles along with restitution and, in one instance, a parent with her son came to apologize. He was also pleased to see that the Juvenile Department is trying to teach the juveniles that there is some sort of accountability for their actions. 2100 CONSENT AGENDA. A) approve the City Council minutes of March 13,2006; B) accept the draft minutes of the Recreation and Park Board of March 14, 2006; C) accept the Planning Commission minutes of March 9, 2006; D) accept the draft Planning Commission minutes of March 23,2006; Page 4 - Council Meeting Minutes, April 10, 2006 COUNCIL MEETING MINUTES APRIL 10, 2006 TAPE READING E) accept the Library Board minutes of March 8, 2006; F) receive the Building Activity report for March 2006; G) receive the Planning Project Tracking Sheet dated April 5, 2006; H) receive the Woodburn Library reports for the period of January 2006 through March 2006; and I) receive the report on the Union Pacific Rail Line Crossing Agreement. MCCALLUM/COX.... adopt the consent agenda as presented. Councilor Cox expressed his displeasure with Union Pacific Railroad's unwillingness to work with the City and, even though he understands the reasons behind what was done by the Council and would be voting in favor of this motion, he wanted the public to know what a terrible position Union Pacific has placed the City in by requiring the license agreement. The motion passed unanimously. 2257 COUNCIL BILL NO. 2618 - ORDINANCE AMENDING ORDINANCE NO. 2399 (THE BUSINESS REGISTRATION ORDINANCE) TO ADD A REPEALING CLAUSE. Council Bill 2618 was introduced by Councilor Sifuentez. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Attorney Shields stated that Ordinance No. 2055 is in effect until April 17,2005 (effective date of Ordinance No. 2399) and adoption of this ordinance will add language to Ordinance No. 2399 which would repeal Ordinance No. 2055. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2618 duly passed with the emergency clause. 2450 COUNCIL BILL NO. 2619 - RESOLUTION DIRECTING CITY ENGINEER TO PREP ARE AN ENGINEERING REPORT FOR STREET IMPROVEMENTS ON TOUT STREET FROM SOUTH FRONT STREET TO SETTLEMIER AVENUE. Councilor Sifuentez introduced Council Bill 2619. 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 2619 duly passed. 2510 COUNCIL BILL NO. 2620 - RESOLUTION SUPPORTING MARION COUNTY INTERAGENCY METHAMPHETAMINE DRUG TASK FORCE. Council Bill 2617 was introduced by Councilor Sifuentez. 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 2620 duly passed. Page 5 - Council Meeting Minutes, April 10, 2006 COUNCIL MEETING MINUTES APRIL 10, 2006 TAPE READING 2569 ACCEPTANCE OF PROPOSAL FOR WASTEWATER TREATMENT PLAN TEMPERATURE AND WINTER AMMONIA REDUCTION ALTERNATIVE SELECTION. Staffrecommended the acceptance of the proposal submitted by CH2M Hill which would provide for engineering services to address thermal load and ammonia-nitrogen limits on water discharged to the Pudding River. The City renewed our National Pollutant Discharge Elimination Permit System (NPDES) permit in December 2004 and, as part of the permit requirements, the target date to complete a plant temperature and winter ammonia reduction alternatives evaluation and selection is December 31, 2006. COXILONERGAN... accept the proposal ofCH2M Hill Inc. for wastewater treatment plant temperature and winter ammonia reduction alternatives evaluation and selection and authorize the City Administrator to execute an agreement with CH2M Hill Inc. in an amount not to exceed $49,994.00. The motion passed unanimously. 2619 LIQUOR LICENSE APPLICATION: LA AZTECA.153 GRANT STREET. A new outlet off-premise application was submitted by Tienda Mexicana La Azteca Inc. for a new small grocery store outlet to be located at 153 Grant Street.. SIFUENTEZ/BJELLAND... recommend to the Oregon Liquor Control Commission (OLCC) approval of a new outlet liquor license application for La Azteca. The motion passed unanimously. 2680 LIQUOR LICENSE APPLICATION: ROADRUNNER V WOODBURN. 850 LAWSON AVENUE. A change of ownership liquor license application was submitted by L & L Convenience LLC for an off-premise with fuel pumps license. This license would replace the Woodburn Exxon Station license located at 850 Lawson Avenue. LONERGAN/SIFUENTEZ... recommend to OLCC the approval of a change of ownership liquor license application for Roadrunner V Woodburn. Councilor McCallum stated that he understands the rules of OLCC and the rules adopted by the Council, however, he has a personal concern about off-premise liquor sales at gasoline convenience stores. Councilor Lonergan questioned the restriction placed on liquor sales at 24-hour operations. Chief Russell stated that convenience stores open 24-hours are required to lock their coolers between 2: 15 am and 2:30 am and there are no liquor sales until 7:00 a.m.. Alcohol stored in boxes are not required to be removed or locked up, however, sales are not allowed until 7:00 a.m.. The motion passed 4-1 with Councilor McCallum voting nay. 2915 BID # 2005-15: STREET RESURFACING IMPROVEMENTS. Bids were received from the following contractors for resurfacing of Blaine Street, McKinley Street, Bryan Street, Tomlin Avenue, George Street, and Landau Drive: Parker Page 6 - Council Meeting Minutes, April 10, 2006 COUNCIL MEETING MINUTES APRIL 10, 2006 TAPE READING Northwest Paving, $252,604.90; Roy L. Houck Construction, $281,722.00; D & D Paving, $288,321.25; Brix Paving, $291,026.01; Salem Road & Driveway, $298,180.30; Morse Bros., $304,502.00; and North Santiam Paving, $309,633.60. The engineer's estimate for this project was $293,630.00 BJELLAND/NICHOLS... award construction contract to the lowest responsible bidder, Parker Northwest Paving, for resurfacing improvements to various streets in the amount of $252,604.90. The motion passed unanimously. The motion passed unanimously. 2960 BID NO. 2005-10: STREET RESURFACING IMPROVEMENTS. Bids were received from the following contractors for resurfacing South Woodland A venue, West Lincoln Street, Santiam Drive, and the City Hall parking lot: D & D Paving, $203,633.50; Roy L. Houck Construction, $217,452.75; Parker Northwest Paving, $218,748.00; Morse Bros., $238,004.00; Brix Paving, $250,385.11; Salem Road & Driveway, $250,872.50; and North Santiam Paving, $256,380.50. The engineer's estimate for these improvements was $219,539.50. BJELLAND/MCCALLUM... award the construction contract to the lowest responsible bidder, D & D Paving, for resurfacing improvements to various streets in the amount of $203,633.50. The motion passed unanimously. 3070 BID NO. 2006-18: SETTLEMIER PARK ELECTRICAL UPGRADE - PHASE I.. Bids were received from the following contractors to address code deficiencies in power supply at Settlemier Park to the restroom, restore operation of two security lights near the skate park, and makes some provisions for future changes to lighting at the softball field: Kerr Contractors, $32,000.00; Fah1er Electric, $36,907.00; Boede Construction, $42,750.00; Stade1i Underground, $48,816.00, and Kunert Electric, $68,488.00. It was noted that an upgrade to the main electrical panel supplying the Aquatic Center, Chemical Separation building, softball field, and restroom is scheduled for October 2006. COX/SIFUENTEZ... award the contract for Settlemier Park Electrical Upgrade - Phase I, Bid No. 2006-18, to the lowest responsible bidder, Kerr Contractors, in the amount of $32,000.00. The motion passed unanimously. 3111 ODOTINTERGOVERMENTALAGREEMENTFORINTERCHANGE FUNDING. COXlSIFUENTEZ... authorize the City Administrator to execute an interchange funding agreement with the Oregon Department of Transportation. Councilor Cox stated that the draft form of this agreement was discussed at the last Council meeting and the language in this document is substantially the same as what was in the draft document. Councilor McCallum stated that this agreement allows for either party to "opt out" if there is a lack of funding for interchange improvements. Administrator Brown stated that the City would not be asked to pay ODOT until a notice Page 7 - Council Meeting Minutes, April 10, 2006 COUNCIL MEETING MINUTES APRIL 10,2006 TAPE READING to proceed is issued which will not happen until ODOT has funding for the project. The City has already spent $2.5 million on right-of-way and if the program never moves forward, the City will be able to recapture the property. City Attorney Shields stated that the "opt out" provision was initially unilateral that would let the State out if there was no funding but now this provision is reciprocal. The motion passed unanimously. 3376 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Conditional Use 06-01: Property located at 689 N. Front Street, Space C. This approval allows for the establishment ofa grocery store to be located at the corner of Front Street and Harrison Street. B) Community Development Director's Approval of Design Review 05-15: Property located at 916 N. Pacific Highway. This approval allows for the conversion ofa retail space to a restaurant within the Mall 99E complex. No action was taken by the Council to bring these land use actions up for review. 3444 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that staff has been invited to apply for a "Weed and Seed" grant offered through the Department of Justice to address enforcement and activities to promote the prevention and intervention. Recipients of this grant would be required to have a task force made up of the various agencies who would participate in this program. This particular grant would be a multi-agency effort and a letter of intent will need to be sent off to the Department of Justice either April 27th or in June 2006 if the Council elects to pursue this grant opportunity. Program design will come after the letter of intent but he stated that he would like to move forward with developing the letter of intent so that the City can apply for the $1 million grant which will extend over a five year period. Councilor Sifuentez felt that this would be an excellent grant for the City if we were to receive it. 3776 MAYOR AND COUNCIL REPORTS. On behalf of the Relay for Life organizers, Councilor McCallum thanked the City for their contribution as a Platinum sponsor. He stated that personal contributions from the Mayor, Council, and Department Heads were received to fund this sponsorship and no taxpayer money was involved. Mayor Figley stated that it is a wonderful feeling to be a part of the Relay for Life event since funds raised go for Cancer research which is a disease that could strike people of all ages, incomes, and national origins. Woodburn has had remarkable success in raising funds even though we are considered as a less wealthy community but we are, in fact, wealthy in every respect that matters. Councilor Lonergan thanked Councilor McCallum for his work on the Relay for Life event and, even though he is no longer event Chair, he is still actively involved in organizing this event. Page 8 - Council Meeting Minutes, April 10, 2006 COUNCIL MEETING MINUTES APRIL 10,2006 TAPE READING Councilor Bjelland reiterated that the Community Development Partnership did recommend a little more than $15,000 for the Chamber's Branding Project. There is one more review level for this application to go through for final approval. Councilor Cox referred to a copy of the letter received from OLCC regarding the Yun Wah Restaurant license renewal and, even though OLCC had already renewed the license before the City's letter was received, he did not feel that the Council was seriously saying that the license should be denied. By submitting the letter, OLCC is now aware of the problems and hopefully they will take better control of what is happening at that location. The letter from OLCC stated that the Salem Field office has been provided with a copy of the City's letter and invited the City to contact the field office on this issue. If it is necessary to take a closer look at this establishment next year, he suggested that the City file an extension with OLCC thereby giving the staff and Council additional time to make a recommendation. Administrator Brown stated that staff had delayed in bringing this issue before the Council since staff was waiting to see what OLCC would be doing to with that particular problem. 4296 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). BJELLAND/SIFUENTEZ... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 8:05 p.m. and reconvened at 8:28 p.m.. 4343 Mayor Figley stated that no action was taken by the Council while in executive session, however, Council action will be taken as a result of an item discussed. COX/MCCALLUM... authorize the City Attorney to file a lawsuit against Emmert International Properties Ltd in order to make them follow through on their obligation to remove the house from the City property located 828 Parr Road, or to take such further additional legal action that may be appropriate to enforce the City's rights in this situation. The motion passed unanimously. 4415 ADJOURNMENT. BJELLAND/LONERGAN... meeting be adjourned. The meeting adjourned at 8:29 p.m.. APPRO ATTEST (J7CCl(;(Te., L? u,d-- Mary Tenn t, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, April 10, 2006 Executive Session COUNCIL MEETING MINUTES April 1 0, 2006 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 10,2006. CONVENED. The Council met in executive session at 8: 10 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Absent Present Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant Press: John Gervais, Woodburn Independent Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. The executive session was called under the following statutory authority: 1) To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660(1)(h); and 2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f). ADJOURNMENT. The executive session adjourned at 8:26 p.m.. APP ATTEST ----- - " )Ly~~ Mary e nt, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, April 10, 2006