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Minutes - 09/11/2006 COUNCIL MEETING MINUTES SEPTEMBER 11, 2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 11, 2006. Mayor Figley observed a moment of silence in remembrance of SgUst Class Richard Henkes who lost his life in Iraq last week. His family members have been part of our community for many years and they deserve all of the support that can be given at this time. 0018 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Absent Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Allen, Police Chief Russell, Finance Director Gillespie, Recreation Services Manager Patterson, Public Works Manager Rohman, City Recorder Tennant 0088 ANNOUNCEMENTS. A) Woodburn Public Library is now open on Sunday afternoons from 1 :00 p.m. until 5:00 p.m.. B) Celebration of Mexican Independence (September 16) will be held on September 16 and 17, 2006 in the Downtown Plaza from 10:00 am until 9:00 pm. This annual event includes a parade on September 17th, family and cultural activities, mariachis, food, games, and prizes. The main event, Celebration of Grito, will be held on Sunday, September 17t\ at 6:00 p.m.. Mayor Figley stated that this celebration is an educational experience and she encouraged citizens to participate and enjoy this event. 0165 APPOINTMENTS. Mayor Figley appointed Judy Wesemann to the Recreation and Parks Board, Position V, with her term expiring December 31, 2006. COX/MCCALLUM... approve the nomination of Judy Wesemann to Position V of the Recreation and Parks Board with her term expiring December 31, 2006. The motion passed unanimously. Mayor Figley introduced Ms. Wesemann who has had a career in different endeavors in the Park and Recreation field as an employee and volunteer for many years. Page 1 - Council Meeting Minutes, September 11, 2006 " .-....- COUNCIL MEETING MINUTES SEPTEMBER 11, 2006 TAPE READING 0220 PROCLAMATION: INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION (IMLA) ANNUAL MEETING IN OREGON. Mayor Figley read her proclamation welcoming IMLA members and their guests to the 2006 1M LA Annual Meeting September 17-20,2006 being held in Portland. It was noted that the last Annual IMLA meeting held in Oregon was in 1946. Mayor Figley stated that proclamations from other Oregon cities have been solicited with the hope that IMLA delegates from the United States and Canada will be greeted in the way that they deserve. 0333 PROCLAMATION: PUBLIC WORKS WEEK - SEPTEMBER 18-22. 2006. Mayor Figley proclaimed the week of September 18-22, 2006 as Public Works Week in Woodburn and urged citizens and businesses to recognize contributions made daily by the City's Public Works staff towards the health, safety, and comfort of our citizens. 0400 PRESENTATION: WOODBURN LIONS CLUB CONTRIBUTION TOWARDS BICYCLE HELMET PROGRAM. Bob Hayes, Woodburn Lions Club, presented a $100 check to Police Chief Russell to be used towards the purchase of bicycle helmets. Chief Russell expressed his appreciation to the Lions Club for their contribution which will be placed into an on-going program which provides helmets to youngsters that cannot afford to purchase a helmet. 0522 Robert Musser, 1289 Astor Way, and Gertrude Tomminger, 1311 Astor Way, stated that a sweet gum maple tree is located in the right-of-way along their property line and this tree has a root system that is creating a lot of damage to their properties. Mr. Musser stated that he is concerned with potential damage to his underground sprinkler system and utility lines while the driveway approach to Ms. Tomminger's property is totally obliterated. Another issue is that the tree drops large seeds around this time of the year with the pulp from the seeds making the pavement surface slippery and hazardous to pedestrians. They have received permission from the Senior Estates Architectural Committee to remove the tree provided that the City gives their permission. He requested Council permission to remove the tree. Public Works Director reviewed the City's policy on tree removal and stated that staff policy is that approval to remove of a healthy tree is not given unless there is utility line damage or a public safety hazard. Mr. Musser questioned if the City would pay for repairs to his sprinkler system if the tree roots damage the system. Public Works Director Tiwari stated that the sprinkler system is the responsibility of the property owner. Councilor McCallum questioned if the sweet gum maple is on the list of "Do Not Plant" trees and Director Tiwari stated that it was on the list. Page 2 - Council Meeting Minutes, September 11, 2006 .>.. "-. COUNCIL MEETING MINUTES SEPTEMBER 11, 2006 TAPE READING Mr. Musser stated that Superintendent Matt Gwynn had looked at the tree about a month ago and said that he would get back to him with a recommendation but he has not heard from him. Mayor Figley stated that she would like to have staff look into this situation as soon as possible and provide a report to the Council at the next meeting. Public Works Director Tiwari briefly described the type of damage that could occur which would result in staff recommending tree removal. Staff will evaluate the situation to protect the tree and report back to the Council. Jackie Ross, 1315 Walton Way, stated that Mrs. Tomminger is her Aunt and she lives about a half a block from her. She stated that she has a similar problem and began working with Randy Scott (Senior CE Tech) about two years ago. He allowed her to remove one of two trees but would not allow her to cut down a tree that was damaging the foundation of her home. She did have the roots cut out of her yard at that time but not all of the roots were cut out so now she has little trees coming up in her yard. Additionally, the balls (seeds) are now falling off of the tree and she has to spend about 10-12 hours a week to rake the balls off of the street in front of her home so that pedestrians do not slip and fall. She felt that the Council should have a consideration for the neighborhoods regarding the trees. She requested that she be allowed to remove the tree on her property. Mayor Figley requested that a staff report be made at the next regular meeting. 1148 Linda Cornett, President of AFSCME Local 642, spoke briefly on the status of current contract negotiations. She stated that some of her co-workers are in attendance at this meeting in an effort to show the Council that they take pride in their work and in the service they provide to the citizens of Woodburn. She outlined the different types of work performed by their membership which is essential to the City's operations. She stated that they are in a limited contract re-opener for wages and health benefits and requested that a fair and equitable settlement between their membership and the City. Mayor Figley thanked the membership for their work throughout the City's organization. 1278 CONSENT AGENDA. A) approve regular and executive session Council minutes of August 14,2006; B) accept the Planning Commission minutes of August 10, 2006; C) accept the draft Planning Commission minutes of August 24, 2006; D) receive the Recreation Services Division Attendance Report for July 2006; E) receive the Recreation Services Division Attendance Report for August 2006; F) receive the Recreation Services Division Revenue Report through July 31,2006; G) receive the Recreation Services Division Revenue Report through August 31, 2006; H) receive the Planning Project Tracking Sheet dated September 7, 2006; and I) receive the Police Department Statistics report for August 2006. MCCALLUM /LONERGAN ... adopt the Consent Agenda as presented. The motion passed unanimously. Page 3 - Council Meeting Minutes, September 11, 2006 COUNCIL MEETING MINUTES SEPTEMBER 11, 2006 TAPE READING 1358 COUNCIL BILL NO. 2637 - ORDINANCE GRANTING A COMPREHENSIVE PLAN MAP AMENDMENT FROM INDUSTRIAL TO COMMERCIAL. A ZONE CHANGE FROM IL (LIGHT INDUSTRIAL) ZONE TO CG (COMMERCIAL GENERAL) ZONE. APPROVAL OF CONDITIONAL USE CASE FILE NO. 04- 10. APPROVAL OF DESIGN REVIEW CASE FILE NO. 05-03 AND APPRO V AL OF SIGN DESIGN REVIEW CASE FILE NO. 06-06 ON PROPERTIES LOCATED SOUTH OF NEWBERG HIGHWAY. EAST OF SOUTH WOODLAND AVENUE AND WEST OF INTERSTATE 5. AND ATTACHING CERT AIN CONDITIONS. Council Bill No. 2637 was introduced by Councilor Bjelland. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Bjelland stated that he missed the meeting at which the public hearing was held and will abstain from voting since he is not privy to all of the information. On roll call vote for final passage, the vote was 4-0-1 with Councilor Bjelland abstaining. Mayor Figley declared Council Bill No. 2637 duly passed with the emergency clause. 1551 COUNCIL BILL NO. 2638 - ORDINANCE ADOPTING CERTAIN STATE SPECIALITY CODES: SETTING FORTH THE POWERS AND DUTIES OF THE BUILDING OFFICIAL: PROVIDING FOR PROCEDURES AND FEES: ESTABLISHING PENALTY PROVISIONS: AND REPEALING ORDINANCE NO. 2293. Mayor Figley stated that this bill will be held over to the next meeting for the purpose of allowing staff to make some additional revisions to the bill. 1572 COUNCIL BILL NO. 2639 - RESOLUTION ENTERING INTO A JOB ACCESS REVERSE COMMUTE AGREEMENT FOR FISCAL YEAR 2006-2008 WITH THE SALEM AREA TRANSIT DISTRICT. Council Bill No. 2639 was introduced by Councilor Bjelland. Recorder Tennant read the bill by title only since there were no objections from the Council. Public Works Manager Rohman stated that the City is not charging any administrative fees for this program even though he will be spending a small amount of time to review their reimbursement requests. Councilor Cox stated that the program was previously brought before and informally approved by the Council. This is one program that will provide alternative transportation opportunities to residents at minimal cost to the City over the next two years. Councilor McCallum questioned if staff knew how many people were utilizing the service between Woodburn and Canby. Public Works Manager Rohman stated that he will obtain current ridership information. Councilor Nichols questioned the locations where riders board the transit bus. Mr. Rohman stated that the bus has a number of stops along Highway 99E, Highway 214, Evergreen A venue to the downtown area, Hardcastle A venue to Park Avenue, and then Page 4 - Council Meeting Minutes, September 11, 2006 '2+> ...... COUNCIL MEETING MINUTES SEPTEMBER 11, 2006 TAPE READING back onto Highway 214 towards Hubbard and Aurora. Temporary bus stop signs are in place. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2639 duly passed. 1800 CONTRACT AWARD: COUNTRY CLUB ROAD STREET IMPROVEMENTS (Bid #2007-02). Bids were received from the following contractors for street and storm drain improvements on Country Club Road between Astor Way and Boones Ferry Road: Parker Northwest Paving, $433,581.96; D & D Paving, $502,178.31; Kodiak Benge, $515,171.00; MBI, $518,305.46; and KERR Contractors, $545,376.51. Staff recommended the acceptance of the bid from Parker Northwest Paving which was 7% over the Engineer's estimate of$403,219.71. NICHOLS /COX.... award the construction contract to the lowest responsible bidder, Parker Northwest Paving Company, Inc., for street, storm drain and undergrounding improvements on Country Club Road in the amount of$433,581.96. The motion passed unanimously. 1831 CONTRACT AWARD: LAUREL AVENUE / HIGHWAY 99E WATERMAIN INSTALLATION (Aztec Drive to Tomlin Avenue). Bids were received from the following contractors for replacement of existing lines of insufficient size and completion of a watermain loop to increase fireflows in the vicinity and eliminate dead-end water mains: Dunn Construction, $274,878.00; M L Houck Construction, $171,044.40, and KERR Contractors, Inc., $434,832.00. The engineer's estimate for this project was $163,968.00. BJELLAND/MCCALLUM... award a contract to the lowest responsible bidder, M L Houck Construction, in the amount of $171 ,044.40. Councilor Cox noted for the record that on this and the previous contract award, the cost for gasoline and petroleum products have gone up from the original engineering estimate but the percentage increase over the estimate is not that high. The motion passed unanimously. 1909 ACCEPTANCE OF PUBLIC RIGHTS OF WAY ON FRONT STREET AT TOUT STREET INTERSECTION. Staff recommended the acceptance of a public right-of-way conveyed by Victor and Anna Kravets which covers the area in which a sidewalk was inadvertently constructed on private property on S. Front Street. The cost to the City for this conveyance is $925.00. BJELLAND/NICHOLS... accept the public rights-of-way as described on Attachment "A" of the staff report at the intersection of Tout Street and S. Front Street. City Administrator stated that staff would like to make a few changes to the document but also requested that the Council authorize the acceptance with the understanding that the changes will be made. A new warranty deed will be prepared and the property owners Page 5 - Council Meeting Minutes, September 11, 2006 COUNCIL MEETING MINUTES SEPTEMBER 11, 2006 TAPE READING will need to sign the new document before the transaction is completed. He referred the Council to the Warranty Deed in the agenda packet in that it refers to a "permanent easement" whereas the City is purchasing the property and, on the following page of the deed relating to City acceptance, staff will be removing the condition that the property is free of encumbrances since the City has not taken the necessary steps to see ifthere are any encumbrances due to the size of the parcel. Staff will also be making some document form changes before the final document is ready for signatures. NICHOLS/MCCALLUM... accept the public rights of way with the changes outlined by the City Administrator. The motion passed unanimously. 2050 EASEMENT ACCEPTANCE - 489 GRANT STREET. Staff recommended the acceptance of a permanent easement from Jonathan Edy for the placement of a sidewalk around a tree to avoid damage to the tree's roots. COX/NICHOLS... accept the permanent utility easement from Jonathan W. Edy, 489 Grant Street. The motion passed unanimously. 2073 FINANCE DIRECTOR EMPLOYMENT AGREEMENT. LONERGAN/NICHOLS ... approve and authorize the City Administrator to execute an employment agreement with D. "Ben" Gillespie, Finance Director, effective October 1, 2006. The motion passed unanimously. 2124 CITY ATTORNEY EMPLOYMENT AGREEMENT ADDENDUM. NICHOLS/MCCALLUM... approve and authorize the Mayor to execute the attached Addendum "E" to the City Attorney's employment agreement. City Attorney Shields declared an actual conflict of interest. The motion passed unanimously. 2168 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission approval of Partition 06-03 and Variance 06-06 located at 917 N. Cascade Drive: Final order approves the partitioning of a .58 parcel into 3 single family residential lots and variance to orient the front property line of Parcel No.1 toward the shared access easement instead ofN. Cascade Drive. B) Planning Commission approval of Partition 06-02, Variance 06-05, and Variance 06-09 located at 1645 W. Hayes Street: Final order approves partition of a I-acre lot into two parcels in the RS zone, a variance to allow the front lot line of Parcel 1 to face the access easement, and variance to the street improvement requirement for West Hayes Street. C) Planning Commission approval of Design Review 05-14 located east of Highway 99E and north of Aztec Drive (Property owner: Industrial Welding Supply): Final order approves construction of a 5,677 sq. ft. commercial building. Page 6 - Council Meeting Minutes, September 11, 2006 COUNCIL MEETING MINUTES SEPTEMBER 11, 2006 TAPE READING D) Community Development Director approval of Design Review 06-11 located at 1475 Mt. Hood Avenue (Property owner: Webstar V, LLC): The site is currently being redeveloped as a medical center and approval was given to construct a pole sign 18 feet tall and 65 square feet in area. E) Community Development Director approval of Design Review 06-07 located at 1785 N. Front Street (Woodburn High School): Approval given for an 84-space parking lot located on the east side of the High School's phase 2 and 3 building expansion project. No action was taken by the Council to bring these land use actions up for review. 2276 CITY ADMINISTRATOR'S REPORT. 1) City Administrator Brown reported that the homes currently being built on Meridian Drive are 3 model homes and there have been conditions placed on those homes in that no occupancy permits will be issued until such time as all of the public works improvements have been completed and accepted by the City. Once the public works improvements have been accepted, the street will be opened for vehicular traffic. 2) In regards to the Oregon Way truck traffic, staff has contacted ODOT to see if they would approve the placement of a sign at the intersection but ODOT's representative has not provided the City with a final decision as of this date. The City does have a sign on Oregon Way which is located approximately 25 feet south of the intersection, however, by the time the truck driver would see the sign it is too late to back up. Staff did take some traffic counts between September 1-5 and found that 98.5% of the traffic is basically cars or motorcycles and most of the trucks on the street are local delivery trucks, buses, and utility trucks. They did not see any trucks with 18-axles during that period of time. He stated that it was difficult to say at this point ifthere would be a time of day or day of the week where traffic enforcement would be an effective use of the police officer's time. Staff will continue to look into this issue and will continue to work with ODOT which may include obtaining permission from ODOT to move the existing sign into the ODOT right-of-way at the Highway 214 and Oregon Way intersection. 3) City Attorney Shields thanked the Council for their willingness to allow him to participate on the IMLA conference work committee. There will be approximately 800 municipal lawyers coming to Portland for this conference beginning Saturday, September 16th. He also expressed his appreciation to the Mayor for her proclamation which has been a state-wide project involving cities of all sizes. 2806 MAYOR AND COUNCIL REPORTS. Councilor Lonergan referred to the City's 2005 Water Quality Report which he recently received in the mail and he urged our citizens to take the time to read this excellent report. Councilor McCallum questioned ODOT's anticipated completion date of the Highway 214/ Boones Ferry Road / Settlemier Avenue intersection improvement. Public Works Manager Rohman stated that the latest information from ODOT is that they Page 7 - Council Meeting Minutes, September 11, 2006 COUNCIL MEETING MINUTES SEPTEMBER 11, 2006 TAPE READING have a bid opening date projected for the latter part ofNovmeber 2006. There has been some recent ODOT projects that had to be re-bid and re-scoped due to the high cost of asphalt. It is anticipated that most of the work will be done in the summer of2007. Councilor McCallum also congratulated the Salem-Keizer Volcanoes Baseball team who recently won the Northwest Championship Baseball League. Councilor Bjelland reported that the upcoming MW AC meeting will have two important items on the agenda one of which is MW AC's biennial presentation to the candidates for the legislature and public offices on the transportation issues facing MW AC's three- county region, and the second item of interest is the public hearing for the 2008-2011 STIP funding cycle and the Woodburn Interchange project is one of the items proposed to be funded in the State Transportation Funding plan. The MW AC meeting will be held on the first Thursday in October 2006 in the hearing room at the Marion County Courthouse Square. Councilor Bjelland stated that the increase in materials cost has increased transportation project costs by more than 15% over the last year due to higher oil and cement prices. Ultimately, these price increases are having a serious impact on future transportation projects which have been scoped and bid estimates prepared based on lower material costs. Councilor Nichols expressed his appreciation to the Water Department staff for their quick response and handling of a water line break on Willow Street. Mayor Figley stated that the KaBoom! playground equipment construction project was completed on August 24th and it was a very worthwhile and positive event. She expressed her appreciation to everyone who helped with this project. 3487 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(d). NICHOLS/MCCALLUM... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The meeting adjourned to executive session at 7:55 p.m. and reconvened at 8:13 p.m.. 3506 Mayor Figley stated that no decisions were made by the Council while in executive seSSIOn. APPR 3525 ADJOURNMENT. LONERGAN/NICHOLS... meeting be adjourne . The meeting adjourned at 8: 14 p.m.. ~- i::- ATTEST ~ ~ . ~ Mary Te ant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, September 11, 2006 Executive Session COUNCIL MEETING MINUTES SEPTEMBER 11, 2006 DA TE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 11, 2006. CONVENED. The Council met in executive session at 7:58 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 Present Absent Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant The executive session was called under the statutory authority of ORS 192.660 (l)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations. ADJOURNMENT. The executive session adjourned at 8: 11 p.m.. ATTEST /1/ I I Ma T ant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, September 11, 2006 ... .......