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Minutes - 08/13/2007 COUNCIL MEETING MINUTES AUGUST 13, 2007 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 13,2007. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0012 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, Public Works Manager Rohman, Community Development Director Allen, Police Chief Russell, Finance Director Gillespie, City Recorder Tennant 0024 ANNOUNCEMENTS. A) Music in the Park: Molly's Revenge will be performing on August 14, 2007, Golden Bough on August 21, 2007 and The Dukes of Juke will perform on August 28, 2007 in Library Park with performances beginning at 7:00 p.m.. B) North Front Street Playground Project: Community Services Department is recruiting volunteers to help build a new playground at North Front Street Park on Saturday, September 8, 2007. The project will begin at 8:00 a.m. and work should be completed by mid-afternoon. Mayor Figley stated that the project is similar to the KaBoom! project completed last year at Nelson Park and, as participant in last year's project, she felt that it was very inspiring to see the project go from a pile of materials to a playground within a few hours. Individuals interested in volunteering are asked to register with the Community Services Department. 0053 CHAMBER OF COMMERCE REPORT. Don Judson, Interim Executive Director, stated that the Chamber has experienced some staff changes with the loss of Kim Geiger, Office Assistant, at the beginning of July, and Nick Harville, Executive Director, at the end of July. He stated that he took over the interim position since (1) he enjoys building an organization out of nothing or to take something that is good and making it better, and (2) his wife had previously worked for the Chamber for 5 years and she has decided to help him at the Chamber office. He felt that the Chamber has some challenges ahead of them but they are having to look at reorganization. During his interim, items to be focused on include: 1) return the Chamber to a sound financial footing; Page 1 - Council Meeting Minutes, August 13, 2007 COUNCIL MEETING MINUTES AUGUST 13, 2007 TAPE READING 2) focus on more member-driven activities such as business member net-working; and 3) the need for the Chamber to be a better partner on tourism. He stated that Mr. Harville did a great job in making everyone aware that Woodburn is becoming a tourist mecca with various tourist attractions in the surrounding area. The City has provided grant funds over the past several years for tourism but not all costs are easy to quantify for grant accounting. He stated that he would be suggesting that a separate accounting entity be established which would employ people to work with attractions and festivals to make the visitor's center more successful, run the center when volunteers are not available, and pay for tourism memberships. This entity would also apply for the City's tourism grant funds rather than the Chamber applying for the funds. He stated that he would like to help the Chamber get a future plan and a two-year budget in place while he is Interim Director. Mr. Judson also stated that he has learned that a member of the Council has been organizing the Chamber Forum for 20 years and, in recognition, he presented Councilor Pete McCallum with a plaque in appreciation for his service to the Chamber. Upcoming Chamber activities are as follows: 1) Ribbon cutting at Woodburn Pet Hospital on Friday, August 11\ at 4:30 p.m.; 2) Greeters beginning on September 7th at Woodburn Independent, and 3) Chamber Forum on September 19th. Mayor Figley expressed her appreciation to the Chamber for the work they have done which includes the Visitor Center at Woodburn Company Stores. Councilor McCallum also thanked the Chamber for the recognition award. 0312 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, School Superintendent, stated that he is a member of the Chamber Board and was glad to have Mr. and Mrs. Judson in the Chamber office to keep it operational. The School year will begin on September 4, 2007, however, during the summer months, the district hired 50 new staff members a majority of which filled positions vacated by staff members who have retired or elected not to return to Woodburn this year. He also announced the selection of 3 Principals, 4 Assistant Principals, and 2 Directors (Student Services and Bi-lingual Services) to fill vacant positions. It was noted that 7 out of these 9 positions were filled by individuals currently on staff at the School District. He stated that the School District has a number of goals but over the last few years, one in particular continues to be an on-going goal. The goal states "Every student to reader, Every student to writer" which implies the District's continued efforts in the areas of language arts and literacy in grades K-12. In regards to enrollment, he anticipated a 2% increase over last year. Page 2 - Council Meeting Minutes, August 13, 2007 COUNCIL MEETING MINUTES AUGUST 13, 2007 TAPE READING 0505 CONSENT AGENDA. A) approve the regular and executive session minutes of July 23,2007; B) receive the Community Services Statistics report for June 2007; C) receive the Planning Project Tracking Sheet dated August 10,2007; D) receive the Building Activity report for July 2007; E) receive the Claims report for July 2007; F) receive the Video Production - City Life TV Programming report; and G) receive the Electronic Payment of Water / Sewer Bills (Bank Drafting) report. Councilor Cox stated that he was pleased to see electronic payment of utility bills as a bill pay option to utility customers at a relatively low cost to the City. He questioned if the City has been researching the possibility of implement paperless billing for those customers who have signed up for the electronic payment process since paperless billing will save the City in paper and mailing costs. Finance Director Gillespie stated that he could see the advantage of paperless billing and would look into this process. MCCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion passed unanimously. 0601 COUNCIL BILL NO. 2678 - ORDINANCE UPDATING AND REVISING THE PROCEDURES RELATED TO TREES WITHIN THE CITY. REPEALING ORDINANCE NO. 1908. AND SETTING AN EFFECTIVE DATE. Councilor Sifuentez introduced Council Bill No. 2678. Recorder Tennant read the two readings of the bill by title only. Councilor Cox stated that he had reviewed the proposed bill which is basically what was asked for by the Council, but there are a few grammatical changes, most of which are grammatical, that he would like to discuss with staff before it is adopted. He was prepared to go over the changes but felt that it might be more efficient ifhe were able to talk to staff prior to the next meeting. He stated that he did want to discuss with the Council under definition of street trees the following: (1) an editorial change in Section 1(1) by adding in the first sentence "...the trunk of which lies within the right-of-way..."; and (2) at the end of that same sentence, a policy issue that pertains to a dedicated public easement. He felt that there are a lot of easements, such as utility easements, that are located along the back or side of property line and are not adjacent to the street. He felt that it is outside of the spirit of the ordinance to try and regulate trees within those areas and focus should be on trees along the street rather than on other parts of the property. He requested an opportunity to discuss with staff his proposed changes before final action is taken by the Council. Administrator Brown stated that continuation of this agenda item would be appropriate and staff will work with Councilor Cox on his proposed changes. NICHOLS/COX... table Council Bill No. 2678 until the first meeting in September. Page 3 - Council Meeting Minutes, August 13, 2007 COUNCIL MEETING MINUTES AUGUST 13, 2007 TAPE READING Mayor Figley suggested that anyone who may have concerns contact Administrator Brown so those concerns can be addressed before the next meeting. Administrator Brown stated that the effective date will also be extended as part of the changes to the proposed ordinance. The motion to table the bill passed unanimously. 0791 COUNCIL BILL NO. 2679 - RESOLUTION ENTERING INTO LOCAL AGENCY AGREEMENT NUMBER 23.291 WITH THE STATE OF OREGON (Hiehway 214/ Settlemier Avenue/Boones Ferry Road Intersection Improvements). Council Bill No. 2679 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. Councilor Bjelland questioned when project construction will begin. Public Works Manager Rohman stated that staff anticipates a construction start date in late November 2007. Administrator Brown stated that staff had considered delaying the construction until next summer but a decision was made to move forward yet this year since ODOT was willing to proceed and delaying could increase the project cost. Councilor McCallum requested that staffwork closely with the School District and surrounding neighborhood since this is a very congestive traffic area during the week. Manager Rohman stated that the work will most likely be done at night because of the traffic volume and residents in the area will be provided with project information. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2679 duly passed. 0912 COUNCIL BILL NO. 2680 - RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 24412 WITH THE STATE OF OREGON (Transit Operatin2 Assistance). Council Bill No. 2680 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. 2680 duly passed. 0939 COUNCIL BILL NO. 2681 - RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 24413 WITH STATE OF OREGON (Public Transportation Vehicle Preventative Maintenance Fundin~. Councilor Sifuentez introduced Council Bill No. 2681. 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 No. 2681 duly passed. Page 4 - Council Meeting Minutes, August 13, 2007 COUNCIL MEETING MINUTES AUGUST 13,2007 TAPE READING 0964 COUNCIL BILL NO. 2682 - RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 24414 WITH STATE OF OREGON (Capital Purchase Assistance for New Paratransit Van). Council Bill No. 2682 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. Councilor McCallum questioned if the paratransit van is used to travel outside of the city limits. Public Works Manager Rohman stated that grant funds will pay about 90% of the purchase price and the van is used to transport between 6 and 8 passengers elderly and disabled passengers primarily within the city limits. This new vehicle will replace an existing paratransit van that is about 9 years olds which is in fair condition and the this vehicles will be used as a back-up van. Once the van is ordered, it will take about six months before it is delivered to the City. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2682 duly passed. 1034 COUNCIL BILL NO. 2683 - RESOLUTION ENTERING INTO AMENDMENT NUMBER 1 TO CLEAN WATER ST ATE REVOLVING FUND LOAN AGREEMENT NO. R98413 WITH THE STATE OF OREGON. Councilor Sifuentez introduced Council Bill No. 2683. 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. 2683 duly passed. 1065 COUNCIL BILL NO. 2684 - RESOLUTION ENTERING INTO AMENDMENT NUMBER 1 TO CLEAN WATER STATE REVOLVING FUND LOAN AGREEMENT NO. R98414 WITH THE STATE OF OREGON. Council Bill No. 2684 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 No. 2684 duly passed. 1092 CONTRACT AWARD - TOUT STREET IMPROVEMENTS. BID NO. 2008-04. Bids for the improvement of Tout Street between Settlemier A venue and South Front Street were received from the following contractors: D & D Concrete & Utilities, Inc." $91,715.00; Parker Northwest Paving, Inc., $93,017.50; Kerr Contractors, Inc., $107,850.00; Clear Span Construction, LLC, $114,807.00; Knife River, Inc., $115,632.00; North Santiam Paving Co., $133,592.00; and R C Landworks, Inc., $145,716.50. The engineer's estimate for this project was $102,233.00. NICHOLS/MCCALLUM... award the construction contract to the lowest responsible bidder, D & D Concrete & Utilities, for street improvements on Tout Street in the amount of$91,715.00. The motion passed unanimously. Page 5 - Council Meeting Minutes, August 13, 2007 COUNCIL MEETING MINUTES AUGUST 13,2007 TAPE READING 1109 OREGON ECONOMIC AND COMMUNITY DEVELOPMENT ENERGY GRANT. Staff recommended submittal of an application for an Energy Feasibility fund grant in the amount of $24,750 to finance the second phase of a wood-to-energy study relating to the use of the poplar trees to generate power at the wastewater treatment plant. BJELLAND/SIFUENTEZ... authorize the Mayor to execute the attached grant application signature page. The motion passed unanimously. 1125 ADDENDUM TO AGREEMENT WITH G.S. (FRANK) TIWARI RELATED TO OREGON PUBLIC EMPLOYEE RETIREMENT SYSTEM (PERS) INTEGRATION. NICHOLS/SIFUENTEZ... authorize the City Administrator to execute the attached addendum to the agreement related to PERS integration with G.S. Tiwari. Councilor Cox stated that he was glad to see that this issue had been resolved. Mayor Figley stated that Mr. Tiwari is retiring later this week after many years of City service and she wished him well during his retirement years. The motion passed unanimously. 1150 CANCELLATION OF AUGUST 27. 2007 COUNCIL MEETING. NICHOLS/MCCALLUM... cancel the August 27, 2007 Council Meeting. The motion passed unanimously. 1175 CITY ADMINISTRATOR'S REPORT. 1) Administrator Brown reminded the Council that the League of Oregon Cities Conference will be held in Bend on September 27 - 29, 2007 and if interested in attending, he requested that they contact his Executive Assistant Jan Clay. 2) Administrator Brown informed the Council that the individual he had selected for the Public Works Director position has decided not to take the position and it will be necessary to re-advertise for the position. In the meantime, Public Works Manager Randy Rohman has agreed to take over the leadership ofthe department for a limited period of time. He discussed with the Council the possibility of having a narrowly focused professional recruitment to try and get a larger pool of applicants to select from. As part of the initial recruitment process, he had completed a salary survey to determine the pay range, prepared a recruitment brochure, advertised in numerous publications and websites, and by direct mailings. He felt that the work is still valid and the salary competitive but what is lacking is the direct ability to call individuals who are currently Public Works Directors or ready to make the move to that position. A professional recruitment consulting firm would be able to assist the City in this aspect ofthe recruitment process. He stated that he would like to send out Request for Proposals to a number of these firms to see what they might do to assist the City and ifthe cost for this service is between $9,000 - $12,500, he felt that it would be money well spent since this Page 6 - Council Meeting Minutes, August 13,2007 COUNCIL MEETING MINUTES AUGUST 13, 2007 TAPE READING is a very important staff position to the City. It was the consensus of the Council for the City Administrator to move forward with the Request for Proposal process. 3) Administrator Brown reminded the Council that Frank Tiwari is retiring on August 16, 2007 and an Open House is scheduled from 2:00 pm until 4:00 pm on that day in the Council Chambers. 1333 MAYOR AND COUNCIL REPORTS. Councilor Bjelland stated that an issue came up at the last MW ACT meeting by ODOT staff informing MW ACT that project costs for the Highway 22 project (StaytonlSublimitity interchange) came in significantly over budget by at least $4.7 million and they had asked for a consensus :from MW ACT as to how to proceed by either (1) not moving forward with the project, (2) eliminating phases of the project, or (3) by taking previously allocated money for future projects from the upcoming STlP. It appears that the consensus ofMW ACT is that they did not want to stop the project nor did they want to eliminate phases of the project. At the next MW ACT meeting, they will be asked to make a recommendation as to which of the projects in the upcoming STlP should be cut to fund the Highway 22 interchange project without any modifications. Projects under consideration for taking allocated funds from are the Newberg / Dundee project and the Woodburn 1-5 interchange projects. He strongly encouraged City staff and local businesses to come to the next MW ACT meeting because, at the last meeting, members of the Stayton and Sublimity area were present to lobby for the completion of their project without modifications. Woodburn should make its best case as to why funds should not be taken away from the 1-5 interchange project. He expressed his opinion that the pullout of the public/private partnership effort relating to the Newberg / Dundee project has significantly reduced the chances of that project moving forward. He will be discussing with other members ofMW ACT his opinion that money should be pulled from projects that are a long way off into the future especially if currently allocated funds are to be used for property acquisition rather than construction. He also mentioned that MW ACT and Region II had recommended that the $2 million not used from the West Eugene Parkway project be allocated to the Woodburn 1-5 interchange Park-N-Ride facility, however the Oregon Transportation Commission (OTC) decided to hold back this money since they are concerned with construction costs relating to the Perrydale project. He also received a copy of a memo today addressed to MW ACT staff which provided information on the delay of final approval ofthe 2008-2011 STIP by OTC since there is a potential shortfall of anticipated project funds due to Oregon legislative actions and Federal Highway Trust Fund allocations. Since MWACT has a limited number ofprojects within the STIP, the reduced amount of funds available for projects may also affect the Woodburn 1-5 interchange project and he felt that the City should do whatever they can to keep the interchange project moving forward. The next MW ACT meeting is scheduled for Page 7 - Council Meeting Minutes, August 13, 2007 COUNCIL MEETING MINUTES AUGUST 13, 2007 TAPE READING September 6,2007,3:30 p.m., in the Senate meeting room in the Salem Transit Center. He recommended that staff and anyone else interested in this issue to attend this meeting to lobby for the 1-5 interchange project. Administrator Brown stated that he would work on getting a group of people together to attend this meeting in addition assisting staff on preparing a presentation to MW ACT. Councilor Cox stated that he gets frustrated on seeing projects throughout the State that he knows are on there second and third upgrades while nothing has been done at the Woodburn interchange. 1690 Councilor Sifuentez stated that she had enjoyed being in the Fiesta parade and, on National Night Out, visiting a number oflocal neighborhoods with the Mayor and Sgt. Tlusty. She was pleased with the positive comments made by residents regarding our community and listened to residents who had expressed their concerns on various issues. 1724 Councilor McCallum thanked Councilor Sifuentez for bringing up at the last Council meeting the need for some type ofa traffic control device on Highway 214 at the Park Avenue intersection since that intersection is routinely used by pedestrians going to or coming from the Salud Medical Center. Councilor Cox questioned if ODOT would permit the City to install a traffic light if the City had the funds to pay for the improvement. Administrator Brown stated that he has had this discussion with ODOT but was told at that time that the intersection did not meet their warrants so the City would not be allowed to install a traffic light. ODOT did state that if the City wanted to do a traffic warrant study, they will let the City proceed with the study rather than waiting for ODOT's next study. However, staff feels that the City needs to wait until Salud is fully operational with their expanded facility and the Police Facility is in full use so that there is better cross street counts at that intersection. It is anticipated that the City will be discussing the study with the Council in a year or so. 1830 EXECUTIVE SESSION. Mayor Figley stated that an executive session was not needed regarding litigation, however, she did entertain a motion to adjourn to executive session for the other executive session items under the authority ofORS 192.660(2)(f), ORS 192.660 (2)(e), and ORS 192.660 (2)( i). NICHOLS/SIFUENTEZ... adjourn to executive session under the statutory authority cited by the Mayor. City Attorney stated for the record that under ORS 192.660(2)(i) he has a right to an open hearing but he is waiving that right and, secondly, he is unable to give legal advice on that executive session item because of a conflict of interest. The motion passed unanimously. Page 8 - Council Meeting Minutes, August 13, 2007 COUNCIL MEETING MINUTES AUGUST 13,2007 TAPE READING The Council adjourned to executive session at 8:03 p.m. and reconvened at 9:31 p.m.. 1861 Mayor Figley stated that no decisions were made by the Council while in executive seSSIOn. 1865 ADJOURNMENT. NICHOLS/MCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:32 p.m.. ATTEST Mary Te ant, Recorder City of Woodburn, Oregon YtA Page 9 - Council Meeting Minutes, August 13, 2007 Executive Session COUNCIL MEETING MINUTES August 13, 2007 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 13, 2007. CONVENED. The Council met in executive session at 8:05 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 Present Staff Present: City Administrator Brown (8:05 pm - 8: 18 pm and 8:53 pm - 9: 18 pm), City Attorney Shields (8:05 pm - 8: 18 pm and 9:25 pm - 9:30 pm), City Recorder Tennant 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 pursuant to the following statutory authority: (1) ORS 192.660(2)(f) to consider records that are exempt by law from public inspection; (2) ORS 192.660(2)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions; and (3) ORS 192.660(2)(1) to review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing. ADJOURNMENT. The executive session adjourned at 9:30 p.m.. ATTEST !!1,~~ Mary ant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, August 13, 2007