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Minutes - 06/11/2007 COUNCIL MEETING MINUTES JUNE 11,2007 TAPE READING 000 1 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 11,2007. 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 Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Finance Director Gillespie, Public Works Director Tiwari, Public Works Manager Rohman, Community Development Director Allen, Police Chief Russell, Wastewater Superintendent Sinclair, City Recorder Tennant 0025 ANNOUNCEMENTS. A) Public Hearing: City Council will hold a public hearing on June 25, 2007, 7:00 p.m., in the City Hall Council Chambers to consider Woodburn Development Ordinance (WDO) Legislative Amendment 2007-01. B) Woodburn Public Library will be closed on Sundays for the summer beginning June 17,2007 and will resume library service on Sundays beginning September 9,2007. 0040 CHAMBER OF COMMERCE REPORT. Walt Blomberg, Chamber President, stated that the Chamber Golf Tournament (Mayor's Cup) will be held on Thursday, June 14th. He reported that the Visitor's Center located at Woodburn Company Stores has been very busy with visitors from all over the United States, primarily from the mid-west, but there have also been visitors from at least 10 different countries. Lastly, June is their membership drive month in which they offer a discount to new members and waive the initiation fee. 0092 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, School Superintendent, stated that 220 students graduated from Woodburn High School last week. He also informed the Council that the School District will begin the process ofreviewing their Strategic Plan in early November to make sure that the goals, objectives and strategies are still important. They will also be engaging, not only school staff, but the community to participate in this process and hope to have the process complete in time for their budget preparation in February 2008. Page 1 - Council Meeting Minutes, June 11, 2007 COUNCIL MEETING MINUTES JUNE 11, 2007 TAPE READING 0128 Miguel Salinas invited the Mayor, Council, and public to join in this year's Pioneros Celebration which will be held on June 24, 2007 at St. Luke's, 587 Harrison Street. The purpose of the event is to celebrate the early agricultural migrants who came to this area in the late 1940's and 1950's. During the war, laborers from Mexico arrived in this area to help with the crops and many remained to become a part of our community. He stated that this event is about celebrating our past, checking out the present, and looking into the future. He thanked all of the pioneros who came in those early years to establish a foundation of cultural, ethnic, and language relationships. Mayor Figley stated that she is looking forward to attending this event again this year to thank these individuals for what they and their families have meant to our community. 0398 Herb Harrison, 924 Oregon Way, requested that he be allowed to remove a tree in his front yard which is located within the City's right of way next to the curb and adjacent to his driveway apron. The pavement, curb and driveway have buckled up 3.5 inches which creates a hazard to pedestrians. If allowed to remove the tree, he will take care of the hazards and replace the tree with one acceptable to the City, however, when discussing this issue with the Street Superintendent, he was told that the tree was healthy and the Council would need to make the decision on tree removal. He submitted photographs to the Council to show the damage that the tree roots have caused to the curb, pavement and driveway. Councilor Cox stated that he would like to see a staff report on this tree removal request brought back to the Council within the near future. Additionally, he would like a summary of what the City's policy currently is so that the Council can review the policy and, if applicable, make appropriate changes. Councilor Nichols also suggested that a barricade be put up around the area to warn pedestrians of the potential hazard. He questioned potential liability if someone is injured as a result of this potential hazard. City Attorney Shields stated that if an accident did occur, then the person hurt would most likely join the property owner and City in any legal action. Administrator Brown stated that he would bring the staff report and a recommendation back to the Council at the next regular meeting. Councilor Sifuentez stated that there are trees in other areas of the City that have similar problems and she requested that the report address not only this case but the global issue of trees that have created a similar pedestrian safety issue. 0644 CONSENT AGENDA. A) approve the regular and executive session Council minutes of May 29,2007; B) accept the Budget Committee minutes of May 19,2007; C) accept the Planning Commission minutes of May 24,2007; D) receive the Planning Project Tracking Sheet dated June 6, 2007; E) receive the Building Activity report for May 2007; Page 2 - Council Meeting Minutes, June 11, 2007 COUNCIL MEETING MINUTES JUNE 11, 2007 TAPE READING F) receive the Code Enforcement Statistics report for May 2007; and G) receive the report on the demolition of the 60,000 gallon reservoir. Councilor McCallum complimented the Police Department on gathering the data for the Code Enforcement data which he found to be very enlightening on types of calls responded to and action taken. Councilor Bjelland questioned if the 20 multi-family projects totaling $14.5 million on the Building Activity report was one large project or separate projects. Community Development Director Allen stated that this is one large projected located north of Montebello, north of Cooper Drive and west of Evergreen Road. Councilor Cox questioned what BLlC stood for within the Code Enforcement report. Police Chief Russell stated that BLlC was the acronym for Business License Information Check. MCCALLUM/NICHOLS... adopt the consent agenda as presented. The motion passed unanimously. 0748 PUBLIC HEARING: SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2006-07. Mayor Figley declared the public hearing open at 7:26 p.m.. Finance Director Gillespie stated that the proposed supplemental budget will make necessary budget adjustments to comply with State budget law. He reviewed the following major budget adjustments: (1) move $53,721 in labor costs for the Library Manager from the Community Services Department back to the Library program budget; (2) make the necessary budget transfer from General fund operating contingency to Non- Departmental materials & services for the payment made to the Chamber as previously authorized by the Council in the amount of $12,946 from unclaimed grant funds; and (3) correct line item appropriations within the Bonded Debt fund relating to principal and interest payments made in 2006-07. He stated that if the supplemental budget is approved, the General Fund operating contingency will be 10.5% of estimated expenditures. Councilor Bjelland questioned the $8,500 expense for maintenance of the computer server for Police Records Management. Chief Russell stated that the server is a IBM I-series mini main frame valued around $30,000 and it serves as the main drive for the 9-1-1 Center and for the multi-agency Records Management system. The maintenance agreement will provide for on-going annual maintenance in addition to software operating system upgrades provided by IBM. No one in the audience spoke either for or against the proposed supplemental budget. The Mayor declared the public hearing closed at 7:32 p.m.. BJELLAND/COX... staff prepare an ordinance reflecting the Council's decision on the supplemental budget. The motion passed unanimously. Page 3 - Council Meeting Minutes, June 11, 2007 COUNCIL MEETING MINUTES JUNE 11, 2007 TAPE READING 0935 PUBLIC HEARING: CITY BUDGET FOR FISCAL YEAR 2007-08. Mayor Figley declared the public hearing on the 2007-08 City budget, which includes State Revenue Sharing funds, open at 7:33 p.m.. Finance Director Gillespie stated that the budget before the Council is the same document as recommended by the Budget Committee following their May 19, 2007 budget hearing. The total recommended budget for all funds is $50,558,720. He stated that the Budget Committee had also recommended that the Council levy a property tax rate of $6.0534 per $1,000 assessed value and a general obligation bond levy of $698,250 for fiscal year 2007-08. No one in the audience spoke either for or against the proposed 2007-08 budget. Mayor Figley declared the public hearing closed at 7:34 p.m.. Councilor Lonergan thanked the members of the Budget Committee for their work on this document. NICHOLS/MCCALLUM... direct staff to prepare an ordinance based on the Budget Committee's recommendation including allowable budget adjustments that do not change the tax levy requirement. The motion passed unanimously. 1014 REIMBURSEMENT AGREEMENT FOR SERVICES. MATERIALS. AND PROJECTS. NICHOLS/BJELLAND... approve and authorize the City Administrator to execute the attached reimbursement agreement between the Woodburn Urban Renewal Agency and the City of Woodburn for fiscal year 2007-08. The motion passed unanimously. 1029 TERMINATION OF AGREEMENT WITH RB & G CONSTRUCTION. LLC FOR CONSTRUCTION OF THE WOODBURN POLICE FACILITY. BJELLAND/NICHOLS... authorize the City Administrator to terminate the agreement with RB & G Construction, LLC for construction of the Woodburn Police Facility. City Administrator Brown stated that the Police Facility has been substantially completed since last fall and is being occupied by the department. However, the landscaping and clerestory windows are two major items that still remain to be completed as part of this contract but neither of these items impact the department's ability to operate from the facility. The City has repeatedly tried to get the contractor to complete the all of the work required under the contract but the contractor has either been not willing or able to do the remaining work. The contractor has run into some difficulties with the sub-contractors involving payment issues and, as a result, the sub-contractors have not returned to the facility to complete the work. Within the contract with RB & G Construction, the City is required to send the contractor a letter asking them to take care of the problem(s) within a limited period of time. This letter has been sent and the time period has passed, however, the City has received no response from the contractor. The next step would be for the City to tenninate the agreement which is necessary for the City to complete the work independently. The City has held back sufficient retainage to pay for the work that needs Page 4 - Council Meeting Minutes, June 11,2007 COUNCIL MEETING MINUTES JUNE 11, 2007 TAPE READING to be completed plus liquidated damages owed to the City for failure to fully complete the project on time. Councilor Cox also stated that, in addition to the retainage, this construction project is bonded and the bonding company is required to complete the project if the contractor does not. In the event the costs to complete the project exceed the retainage, the City does have the right to recover the difference from the performance bond. Administrator Brown also stated that the performance bond is the relief for any sub- contractor who has a pay issue rather than dealing with the City. The motion to terminate the agreement with RB & G Construction, LLC passed unanimously. 1195 COUNCIL BILL NO. 2666 - RESOLUTION ADJUSTING WASTEWATER RATES AND SETTING EFFECTIVE DATES. Councilor Sifuentez introduced Council Bill No. 2666. Recorder Tennant read the bill by title only since there were no objections from the Council. Public Works Manager Rohman stated that the current wastewater rate schedule was adopted in 1995 to pay for construction costs of the treatment plant facility and costs associated with the operation of this new facility. Over the last few years, operational and maintenance costs, along with the need to update the facility to meet current DEQ requirements and a need to increase the SRF loan reserve requirement, have significantly reduced the revenue reserves and it has become necessary to look at rate adjustments. A Citizen's Wastewater Rate Review Committee was appointed by the Mayor to review the rates. A consultant was also hired to work with staff and the Committee to develop a new wastewater rate structure. A copy of the report was included in the agenda packet for Council review. Deb Galardi, Galardi Consulting, reviewed the objectives and results of the study. She stated that one of the issues addressed with this analysis was the hotel/ motel rate structure which is currently part of the residential and multi-family rate structure. The proposed rate structure would be to reclassify the hotel/motel customers as commercial customers for purposes of assessing wastewater rates. The Committee looked at the revenue requirements over the next three years which include operation and maintenance costs, contingency, DEQ reserve requirements for loan payments, and short term capital improvements. The Facilities Plan being developed will identify the longer term capital improvements needed to meet regulatory requirements. She stated that the Committee looked at three different methods of recovering required revenue over the three year period and have recommended that a 12% annual rate increase would be in the best interest of the community. 1540 Public Works Manager Rohman stated that the Committee consisted of John Reinhardt (Chair), Jeff Southwell (Vice-Chair), Martin Peterson, Willis Grafe, and Kaimas Patel. John Reinhardt expressed his appreciation to the Mayor and Council for his appointment to this Committee. He also felt that the staff and consultant did an outstanding job in Page 5 - Council Meeting Minutes, June 11,2007 COUNCIL MEETING MINUTES JUNE 11, 2007 TAPE READING answering technical questions posed by members of the Committee. In his opinion, the recommended approach for the rate adjustment was reasonable and should be implemented to meet financial needs of our wastewater facility. Councilor Cox stated that he would prefer not to increase the cost of services but, after 11 years, it does need to be done. Increasing regulations relating to discharge requirements will necessitate future adjustments and he felt that the Committee did a good job in reviewing rates and in recommending that adjustments be made on an annual basis over the next three years. 1663 Councilor McCallum also thanked the Committee for their work on this project. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2666 duly passed. 1683 COUNCIL BILL NO. 2667 - RESOLUTION DECLARING CITY'S ELGIBILITY TO RECEIVE STATE-SHARED REVENUES DURING FISCAL YEAR 2007-08. Council Bill No. 2667 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 No. 2667 duly passed with the emergency clause. 1710 MUTUAL AGREEMENT AND ORDER BETWEEN THE CITY AND THE OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY. BJELLAND/MCCALLUM... authorize the City Administrator to sign a Mutual Agreement and Order between the City of Woodburn and the Oregon Department of Environmental Quality. Wastewater Superintendent Sinclair stated that the negotiated document will change the requirements of the City's discharge permit to parameters that are more favorable to the City. In December 2004, the City renewed its National Pollutant Discharge Elimination System (NPDES) pennit which included a compliance schedule for temperature reduction and winter ammonia reduction. The permit standard was an estimate of the Total Maximum Daily Load (TMDL) for discharge to the Pudding River and, with the TMDL for the MolallalPudding basin still unknown, staff requested that the compliance schedule be delayed until the TMDL had been finalized later in this calendar year. The Mutual Agreement and Order will ease the NPDES requirements and aligns the compliance schedule with the finalization with the Mo1allalPudding River basin TMDL. The City will still need to follow all other DEQ pennit requirements. Ultimately, the City will be able to proceed with a design and construction of a temperature reduction facility based on final TMDL thereby reducing the City's financial risks. He stated that DEQ was more than willing to work with the City on this issue because they also realized that they were putting the City at some financial risk without knowing the final TMDL. The Mutual Agreement and Order will require the City to complete planning, design, and construction of a temperature reduction facility and winter ammonia facility, if needed, within 5 years Page 6 - Council Meeting Minutes, June 11, 2007 COUNCIL MEETING MINUTES JUNE 11, 2007 TAPE READING after the DEQ Commission approves the Pudding River / Molalla basin TMDL. The motion to authorize the Mutual Agreement and Order passed unanimously. 2115 COMPENSATION ADJUSTMENT FOR WATER SUPERINTENDENT. City Administrator Brown recommended the adjustment of the Water Superintendent's salary from Non-Union Grade 8 to Grade 9 as a result of the compensation study of non- union positions completed by HR Answers, Inc.. COX/MCCALLUM... adjust the salary range for the Water Superintendent from Non- Union Grade 8 to Grade 9 retroactive to February 1,2007. The motion passed unanimously. 2136 LIQUOR LICENSE - NEW OUTLET FULL ON-PREMISE SALES: SENIOR EST A TES GOLF AND COUNTRY CLUB (1776 Country Club Road). BJELLAND/SIFUENTEZ... recommend to Oregon Liquor Control Commission the approval of a new outlet application for Senior Estates Golf and Country Club, Inc.. On roll call vote, the motion passed 5-1 with Councilor Nichols voting nay. 2170 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS: A) Planning Commission approval for a 50,000 square foot office building (Design Review 2006-05, Exception 2007-01): Property located west of Wellspring Medical Center and east of Progress Way. No action was taken by the Council to bring this action up for review. 2183 CITY ADMINISTRATOR'S REPORT. Administrator Brown thanked Superintendent Sinclair for his work on the negotiated document with DEQ and to the rest of the department in their role as part of the team in working on this issue. 2225 MAYOR AND COUNCIL REPORTS. Councilor McCallum reminded the public that the annual Relay for Life event will be held on June 22 and 23, 2007 at the high school athletic field. The event begins at 6:00 pm and will conclude the following day at 12:00 noon. He thanked the Mayor, Councilors, and Department Heads for contributing the City's sponsorship and reiterated that no taxpayer dollars were used towards this sponsorship. He also thanked those City employees who are participating in this annual fundraising event. Councilor Bjelland provided a briefreport on the last MW ACT meeting which included an agenda item on train speeds. He stated that this was an interesting presentation and reported that cities have virtually no authority or access to setting train speeds. The railway through Woodburn is a Class 4 Railroad which allows train speeds up to 60 MPH for freight trains and 80 MPH for passenger trains and the Federal Railroad Administration has the ultimate authority in establishing speed limits. He stated that Page 7 - Council Meeting Minutes, June 11,2007 COUNCIL MEETING MINUTES JUNE 11, 2007 TAPE READING there are currently 30 freight trains that pass through Woodburn and it is anticipated that this number will increase since more freight is being moved by rail. In fact, a 20-year projection indicates that the number of trains passing through Woodburn will double since no new railways are being constructed. He did not feel that the concept of building a channel so that the train can go underground would be feasible based on information he has received. 2447 Councilor Bjelland also stated that the issue of the potential funding for the Park N Ride is still before the Oregon Transportation Commission since they are waiting to see if the Eddyville road construction project will need some of this money to pay for construction cost overruns. Councilor Sifuentez encouraged the Mayor and Councilors to attend to Pioneros on June 24th at St. Luke's thereby giving them the opportunity to share history with those individuals who originally settled here. Mayor Figley stated that she had attended the High School graduation ceremony and reiterated her congratulations to the Class of 2007. Last Saturday, she joined Mayor Potter as part of the Oregon Mayors marching unit to celebrate the IOOth anniversary of the Rose Festival. She also stated that she was looking forward to speaking at the Sth grade celebration for French Prairie Middle School later in the week along with participating in the Relay for Life and various other events that make this community a great place to live. 2555 ADJOURNMENT. NICHOLS/MCCALLUM... meeting be adjourned. The meeting adjourned at S:12 p.m.. The motion passed unanimously. I AP\ROVE~ \ ,---..- / .' . / ',~ _/~. /" _"x j' -" + ')1 -- . ATTEST II~ V"'-'''-~ Mary nnant, Recorder City of Wood bum, Oregon Page 8 - Council Meeting Minutes, June 11, 2007