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Minutes - 11/24/2008COUNCIL MEETING MINUTES NOVEMBER 24, 2008 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 24, 2008. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0005 ROLL CALL. Mayor Figley Present Councilor Bjelland Absent Councilor Cox Present Councilor Lonergan Present (7:06 pm) Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Derickson, City Attorney Shields, Police Chief Russell, Public Works Director Brown, Interim Community Development Director Labossiere, Recorder Tennant 0020 ANNOUNCEMENTS. A) Public hearing before the City Council will be held on December 8, 2008, 7:00 pm, City Hall Council Chambers, regarding the vacation of a permanent easement at 1274 N. 5`" Street. B) The Oath of Office will be given to the Mayor and Councilor elects at the December 8, 2008 Council meeting. C) In observance of the Thanksgiving Holiday, City offices will be closed for business on November 27 and 28, 2008. The Library and Aquatic Center will be closed on November 27, 2008. The Library will be open for normal business hours beginning on Friday, November 28`". The Aquatic Center will be open for open swim on Friday, November 28`", from 1:00 pm unti13:30 pm and will resume normal business hours on Saturday, November 29`". 0072 APPOINTMENT TO PLANNING COMMISSION. Mayor Figley appointed Kevin Kenagy to serve on the Planning Commission (Position 4) to fill a vacant position that has a term expiration date of December 31, 2008 and also re- appointed him to that position for the period of January 1, 2009 through December 31, 2012. COX/NICHOLS... approve the appointment of Kevin Kenagy to the Planning Commission. The motion passed unanimously. Page 1 -Council Meeting Minutes, November 24, 2008 COUNCIL MEETING MINUTES NOVEMBER 24, 2008 TAPE READING 0124 PRESENTATION: WALMART. Mayor Figley stated that the Wa1Mart representative was unable to attend this meeting so this agenda item will be rescheduled for a future meeting date. 0150 CONSENT AGENDA. A) approve the regular and executive session City Council minutes of November 10, 2008; B) receive the Community Services Department Statistics report for October 2008; C) receive the Crime Statistics report for October 2008; D) receive the Code Enforcement Statistics report for October 2008; E) receive the Claims report for October 2008; and F) appoint City Administrator Derickson to the Woodburn Chamber of Commerce Board. NICHOLS /MCCALLUM ... adopt the Consent Agenda as presented. Councilor Cox questioned if, under Item F, Administrator Derickson would be appointed to the Board or would he be the City's liaison to the Board. Administrator Derickson stated that it was his understanding that the Board position is that of being liaison in addition to being a Board member. The motion passed unanimously. 0220 TABLED BUSINESS: COUNCIL BILL N0.2735 - A RESOLUTION APPROVING AN ADJUSTED RATE SCHEDULE AND FUEL RECOVERY FEE SURCHARGE FOR UNITED DISPOSAL SERVICE INC.; SETTING AN EFFECTIVE DATE; AND REPEALING RESOLUTIONS 1833 AND 1843 Administrator Derickson stated that United Disposal Service has now rescinded their request a fuel recovery fee surcharge. 0245 COUNCIL BILL NO. 2755 -ORDINANCE DESIGNATING PUBLIC PARKING ON THE OREGON DEPARTMENT OF TRANSPORTATION PROPERTY NEAR. THE WOODBURN I-5 INTERCHANGE; PROVIDING FOR CIVIL ENFORCEMENT. Councilor Sifuentez introduced Council Bill No. 2755. Recorder Tennant read the two readings of 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. 2755 duly passed with the emergency clause. 0337 COUNCIL BILL N0.2756 -RESOLUTION GRANTING APPLICATION DR 2008-03; ADOPTING FINDINGS AND CONCLUSIONS• AND IMPOSING AN ADDITIONAL CONDITION WITH FINDINGS. Council Bill No. 2756 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. Councilor Cox stated that he would excuse himself from the vote for the same reasons Page 2 -Council Meeting Minutes, November 24, 2008 COUNCIL MEETING MINUTES NOVEMBER 24, 2008 TAPE READING that he did not participate in the hearing at the last meeting. On roll call vote for final passage, the bill passed 4-0 with Councilor Cox not participating in that decision. Mayor Figley declared Council Bill No. 2756 duly passed. 0415 AUTHORIZE THE CITY ADMINISTRATOR TO ENTER INTO AN OREGON PUBLIC WORKS EMERGENCY RESPONSE MUTUAL AID AGREEMENT. NICHOLS/MCCALLUM ... authorize the City Administrator to enter into an Oregon Public Works Emergency Response Mutual Aid agreement sponsored by the Oregon Department of Transportation (ODOT). The motion passed unanimously. 0443 AWARD OF CONSTRUCTION CONTRACT FOR THE NORTH FRONT STREET IMPROVEMENTS (PHASE 1~ Bids for Phase 1 of the North Front Street improvement project were received from the following contractors: Valley Pacific Construction, $848,906.13; Alpine Construction, $883,423.00; Emery & Sons, $955,620.00; Nutter Corporation, $983,983.00; Canby Excavation, $986,653.00; CivilWorks NW Inc., $993,177.00; K & E Excavating Inc., $1,028,337.00; R & R General Contractors, $1,104,956.11; Kerr Contractors, $1,098,907.80; Rutan Construction, $1,130,563.97; Rotschy Inc., $1,228,032.00; Big River Construction, $1,284,293.39; Ross Bros. & Company Inc., $1,418,576.03; and Gelco Construction, $1,804,243.50. NICHOLS/MCCALLUM... award the construction contract for Phase 1 of the North Front Street Improvements to Valley Pacific Construction in the amount of $848,906.13. Councilor Cox expressed his pleasure in seeing that the bids came in substantially less than the engineers estimate, however, for the record, he stated while this issue has been under discussion over the last 2 or 3 years, he has had some serious misgivings about the undergrounding of utilities all of the way out to Highway 214. He stated that he was particularly opposed to the undergrounding when the financing plan would have included a mechanism that would have resulted in PGE placing a separate charge on the ratepayers bill. Former Administrator Brown was able to work around that issue and it is no longer the problem, however, in general principle and particularly during these tough economic times, he is still opposed to the idea of spending that much public money to underground utilities beyond the core business district which would be north of the Front Street and Hardcastle intersection. Mayor Figley commented on how a number of the bids were below the engineer's estimate of $1,417,867.88 which means that the City is benefitting from a sign of the times in the economy. The motion passed 4-1 with Councilor Cox voting nay. Page 3 -Council Meeting Minutes, November 24, 2008 COUNCIL MEETING MINUTES NOVEMBER 24, 2008 TAPE READING 0613 ACCEPTANCE OF PUBLIC UTILITY EASEMENT. Staff recommended the acceptance of a permanent easement and right-of--way for the right to construct, reconstruct, operate, and maintain public utilities from Chemeketa Community College. COX/NICHOLS... accept the public utility easement granted by Chemeketa Community College for the purpose of providing a vault for underground utilities. Councilor Lonergan questioned as to why this utility easement is now coming up before the Council rather than it being taken care of at the time the building was constructed. Councilor Cox stated that this easement is part of the undergrounding project which was not known at the time of construction. The motion passed unanimously. 0678 CITY ADMINISTRATOR'S REPORT. A) Administrator Derickson stated that he had organized a meeting last week with Downtown Business owners, the Mayor, and staff. He stated that it was a very good meeting and he intends to continue to hold periodic meetings with the Downtown Business owners and people with business interests in the downtown area. B) On Saturday, he stated that he rode with Police Sergeant Kent on his graveyard shift and he found that the staff was extremely professional and well-qualified. He expressed his thanks to Chief Russell for providing him with that opportunity and for his leadership in the department. He also stated that he learned some things about the community that he feels may need to be looked at in the future but, overall, he was very impressed with the community. 0762 MAYOR AND COUNCIL REPORTS. Councilor Nichols expressed his appreciation to Public Works Director Brown for getting some of the badly needed repair work done at the intersection of Highway 214 and Evergreen Road and at Highway 214 and Lawson Avenue. It was also his understanding that repairs to Hayes Street is still on the agenda for next year. Councilor McCallum expressed his appreciation to Councilors Nichols, Bjelland, and Sifuentez for their hard work and dedication while serving on the Council. Councilor Sifuentez stated that a constituent had brought to her attention that on Brown Street where the road improvements are being done, the manholes rise above the current pavement and there is concern about damage to motor vehicles. It was her understanding that the residents had recently received a letter that the project will not be completed until next summer and she questioned if there was a way for public works to make the roadway more even with the manhole rise. Public Works Director Brown stated that the contractor had put in tapers where the pavement was uneven but he would check with staff to see if temperature was an issue in getting the asphalt down. He stated that there will be a rise and motorists will need to slow down and avoid the manholes if possible, however, it will not be an abrupt Page 4 -Council Meeting Minutes, November 24, 2008 COUNCIL MEETING MINUTES NOVEMBER 24, 2008 TAPE READING obstruction that the motorist will hit. A decision had been made by staff to postpone putting the overlay on until next spring and putting in the transitions will make the road safer. Councilor Sifuentez stated that being on the Council has been a wonderful journey over the years for her and she thanked everyone who has supported her during her tenure. Mayor Figley also expressed appreciation to Councilors Nichols, Bjelland, and Sifuentez for their years of service to the community and for their friendship. 1012 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the statutory authority of ORS 192.660(2)(1). NICHOLS/SIFUENTEZ.... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. City Attorney Shields stated that this executive session is his performance evaluation and he has a conflict in terms of advising the Council on this matter. Additionally, he waived his right to an open session and he had requested that an evaluation be performed by this Council before the new Councilors take office. The Council adjourned to executive session at 7:20 p.m. and reconvened at 8:12 p.m.. 1063 Mayor Figley stated that no action was taken by the Council while in executive session. 1074 ADJOURNMENT. NICHOLS/SIFUENTEZ ... meeting be adjourned. The motion passed„unanimously. The meeting adjourned at 8:13 p.m.. ~,,.-~ YN FI l ATTEST Mary Te t, Recorder City of Woodburn, Oregon Page 5 -Council Meeting Minutes, November 24, 2008 Executive Session COUNCIL MEETING MINUTES November 24, 2008 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 24, 2008. CONVENED. The Council met in executive session at 7:27 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Councilor Bjelland Absent Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Recorder Tennant, City Attorney Shields (7:46 pm until adjournment) 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 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 8:10 p.m.. APPRO ATTEST Mary Te ant, Recorder City of Woodburn, Oregon Page 1 -Executive Session, Council Meeting Minutes, November 24, 2008