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Minutes - 07/27/2009COUNCIL MEETING MINUTES JULY 27, 2009 TAPE RF,AniNC 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 27, 2009. 0015 CONVENED. The meeting convened at 7:00 p.m. with Council President McCallum presiding. ROLL CALL. Mayor Figley Absent Councilor Berkey Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Pugh Present Councilor Schmidt Present Staff Present: Assistant City Administrator Stevens, City Attorney Shields, Acting Police Chief Blevins, Public Works Director Brown, Community Development Director Hendryx, Police Captain Alexander, Community Services Director Row, HR Assistant Sprauer, City Recorder Tennant Council President McCallum stated that Mayor Figley and City Administrator Derickson were not in attendance since they were in Washington D.C. lobbying for the I-5 Interchange improvements. He stated that he spoke to them earlier in the morning and they had already delivered materials, spoke with staff, and made appointments with over twenty members of Capital Hill. 0154 PROCLAMATION: NATIONAL NIGHT OUT 2009. City Recorder Tennant read a proclamation declaring August 4, 2009 as "National Night Out" in Woodburn and encouraged citizens to support the 26th Annual National Night Out by honoring this observance with appropriate programs, ceremonies, and activities. Council President McCallum stated that this is a tremendous evening out and there will be many neighborhoods that are participating in the event. He encouraged those that will be having a Block Party to contact the Police Department so that proper precautions can betaken. BUSINESS FROM THE PUBLIC. 0380 Tom Sauvain, property owner of 689 N. Front Street. Mr. Sauvain spoke on behalf of business owner, Sachin Thapd, who recently purchased A&J Market. He explained that he was unaware of any problems with A&J Market and was only notified a few months ago that there was an issue with pipes and bongs. He stated that the pipes and bongs Page 1-Council Meeting Minutes, July 27, 2009 COUNCIL MEETING MINUTES JULY 27, 2009 TAPE RF.AniNC which were of concern are gone and he is in support of Sachin Thapd. Mr. Sauvain explained that their goal is to clean the area he will put a "no paraphernalia" clause into future lease requirements, and he would like to strengthen communications between him and the Police Department. Captain Alexander stated that as of today, all of the paraphernalia is gone and he had a lengthy discussion with the business owner last week in regards to City expectations. Sachin Thapd, co-owner of A&J Market. Mr. Thapd stated that A&J Market is his second business. He experienced drug and gang issues at his Portland location and it took it two years of working with the Police Department to clean the area. He explained that when he purchased A&J Market from the previous owner the contract required him to purchase all of the products, including the paraphernalia. At the time of purchase, his intent was to sell the existing paraphernalia but not replace it. 1034 Mr. Thapd stated that he has been working with Officer Puente to resolve this issue and is also considering changing the business name so people do not associate his business with the previous owner's business. He also stated that the paraphernalia is gone and guaranteed that it would not come back. Mr. Thapd would like to be a positive influence in the community. Councilor Pugh questioned if Mr. Sauvain had already changed the lease to include the no paraphernalia requirement. Tom Sauvaine stated that they have a general lease agreement and they will be changing the lease agreement for this property and the other two properties they lease in this area. Councilor Lonergan stated that he would be in favor of making a recommendation to OLCC to accept the change in ownership of the business liquor license. Captain Alexander stated that today the Police Department received a second application from the business owner which will be on the next Council agenda. Councilor Berkey inquired of the new business name. Mr. Thapd said that he would like to rename the market Max Mart & Deli. 1533 CONSENT AGENDA. A) Approve the Council Minutes of July 13, 2009; B) Accept the Building Activity Report for June 2009; C) Accept the proposal of Enterprise Fleet Management in the amount of $84,000 to provide municipal vehicle lease services for the Woodburn Police Department; and D) Schedule the annual evaluation of the City Attorney for August 10, 2009. Councilor Schmidt questioned the number of vehicles included in the Enterprise Fleet Management proposal. Captain Alexander stated that six vehicles are included with the Enterprise proposal from the Tualatin headquarters. The vehicles are unmarked and include a maintenance package. The City would continue to use Hillyer's Mid-City Ford for general maintenance of the patrol vehicles. The Police Department is currently on a month to Page 2 -Council Meeting Minutes, July 27, 2009 COUNCIL MEETING MINUTES JULY 27, 2009 TAPE RF,An1NC month lease and delaying a decision would lessen the funds available. There was discussion amongst the Council and Captain Alexander in regards to whether or not the City should put out a local bid. Council President McCallum stated that he was unfamiliar with public contract requirements and questioned if preferential treatment could be granted to local contractors. City Attorney Shields explained that it was a City decision to put out for a local quote but it must be pursuant to state law. Councilor Cox questioned whether a Request For Proposal (RFP} could be published as a general RFP in addition to being delivered to local businesses. City Attorney Shields stated that the City could put out a general RFP and hand deliver it to local businesses. Councilor Schmidt inquired of the contract's length. Captain Alexander stated that the proposal is for three years and they would like Enterprise to begin servicing the vehicles near the end of the month. The cars leased from the State require the City to have maintenance from the State fleet shop in Salem and the State fleet shop rates have increased up to 100%. Council President McCallum stated that Council could either accept the proposal and focus on establishing policy to encourage local businesses be included in the bidding process in future RFP's or start the process over to include the local dealerships. COX/PUGH... Table Item C of the Consent Agenda until the following meeting and have staff research the direction, and return with the best option and procedures to look locally for contract services. Councilor Cox stated that he would not be averse to starting the process over unless it has an adverse financial impact to the City. The motion passed unanimously. COXILONERGAN... Remaining items of the Consent Agenda be adopted as presented. The motion passed unanimously. 2679 COUNCIL BILL N0.2794 -ORDINANCE CLARIFYING THE CITY COUNCIL'S AUTHORITY UNDER ORDINANCE 2401 TO PROVIDE WATER AND/OR SEWER SERVICES OUTSIDE CITY BOUNDARIES IN THE CASE OF A PUBLIC EMERGENCY. Council Bill No. 2794 was introduced by Councilor Lonergan. 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. Council President McCallum declared Council Bill No. 2794 duly passed with the emergency clause. Page 3 -Council Meeting Minutes, July 27, 2009 COUNCIL MEETING MINUTES JULY 27, 2009 TAPE READING 2815 COUNCIL BILL N0.2795 -RESOLUTION RATIFYING THE CITY COUNCIL POLICY DETERMINATION TO EXTEND WATER SERVICES OUTSIDE CITY BOUNDARIES BASED UPON A PUBLIC HEALTH EMERGENCY EXISTING IN THE WATER DISTRIBUTION SYSTEMS OF THE SHALIMAR, DRIFTWOOD, AND CHATEAU RANCHETTES DEVELOPMENTS. Council Bill No. 2795 was introduced by Councilor Lonergan. 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. Council President McCallum declared Council Bill No. 2785 duly passed. 2899 COUNCIL BILL N0.2796 -RESOLUTION DIRECTING THAT THREE "NO PARKING" SIGNS BE INSTALLED ON BROWN STREET NEAR THE INTERSECTION OF EAST CLEVELAND STREET. Council Bill No. 2796 was introduced by Councilor Lonergan. Recorder Tennant read the bill by title only since there were no objections from the Council. Public Works Director Brown stated that the City had resurfaced Brown Street and added a left turn lane. The "No Parking" signs are needed to utilize the full width of the pavement to accommodate traffic. It was noted that Brown Street is very busy has a traffic count of 2500 cars per day. On roll call vote for final passage, the bill passed unanimously. Council President McCallum declared Council Bill No. 2796 duly passed. 3150 COUNCIL BILL N0.2797 -RESOLUTION ENTERING INTO AMENDMENT NUMBER 4 TO CLEAN WATER STATE REVOLVING FUND LOAN AGREEMENT N0. R98413 WITH THE STATE OF OREGON. Councilor Lonergan introduced Council Bill No. 2797. 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. Council President McCallum declared Council Bill No. 2797 duly passed. 3223 COUNCIL BILL N0.2798 -RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE MID-WILLAMETTE COUNCIL OF GOVERNMENT COG) FOR THE PREPARATION OF AN ECONOMIC DEVELOPMENT PLAN. Council Bill No. 2798 was introduced by Councilor Lonergan. The bill was read by title only since there were no objections from the Council. Councilor Pugh asked if any backup data that has been discussed previously. Community Development Director Hendryx stated that to date, a work program has not been developed. He stated that he has gone before the Chamber's Economic Development Subcommittee. Page 4 -Council Meeting Minutes, July 27, 2009 COUNCIL MEETING MINUTES JULY 27, 2009 TAPE READING Councilor Cox stated that the NTE amount is $6,000. He feels that the City has an obligation to proceed with this program with the Chamber and is in support of the project. On roll call vote for final passage, the bill passed unanimously. Council President McCallum declared Council Bill No. 2798 duly passed. 3550 AWARD OF CONSTRUCTION CONTRACT FOR IRONWOOD SUBDIVISION STREET TREE REPLACEMENT AND SIDEWALK REPAIR PROJECT. Council President McCallum declared a conflict of interest and turned the gavel over to Councilor Lonergan. Bids for the improvement project were received from the following contractors: Kerr Contractors, $83,743.00; D & T Excavation, $88,022.30; Gelco Construction, $101,985.00; and JP Contractors, $111,115.00. Staff recommended that the contract be awarded to the lowest bidder, Kerr Contractors. COX/PUGH... Award the construction contract for Ironwood Subdivision Street Tree Removal l Replanting and Sidewalk Repair Project to Kerr Contractors in the amount of $83,743.00. Councilor Lonergan questioned why the bids were higher due to mobilization. Public Works Director Brown stated that mobilization is a line item in the bid submittals. He explained that he had underestimated mobilization because he expected a different group of bidders for the project. Instead of landscape contractors submitting bids and subcontracting out the sidewalk repairs, more construction contractors bid on the project with plans to subcontract out the landscaping. The City will be absorbing the cost overrun since the ordinance places a maximum amount to be assessed to the property owners. Councilor Cox stated that it is difficult getting LID's approved unless the City takes the risk and provides property owners a maximum amount to be paid. The motion passed 5-0 since Council President McCallum did not participate in the discussion or vote. 4049 WEED AND SEED INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY JUVENILE DEPARTMENT FOR TRACKER PROGRAM SERVICES. Community Services Director Row stated that this is a continuation of an agreement and provided a revised document to the Council. There is a minor change in language requested by the County in Section 2.1 and 2.2 and also a correction to the Financial Impact Section on Staff Report. The contract's NTE was updated from the prior agreement to $32,124, which is funded entirely by the federal grant. Councilor Lonergan asked how many years the City has this agreement. Community Services Director Row stated that as of September 30t", the City will reach the end of two years in the agreement. The City's application for the third year is pending and the City expects to hear of its status in early to mid August. He stated that he does not Page 5 -Council Meeting Minutes, July 27, 2009 COUNCIL MEETING MINUTES JULY 27, 2009 TAPE READING have statistical data available to measure the program's success but mentioned that last fall Chief Russell had commented on how pleased he was with the program's progress. LONERGAN/SCHMIDT... Authorize the City Administrator to enter into an Intergovernmental Agreement with Marion County for probation officer services in support of the Weed & Seed Tracker Program. Council President McCallum stated that he is very pleased with how this program is being operated and feels that partnerships with outside organizations and the County will benefit everyone. The motion passed unanimously. 463 8 CAPITAL DEVELOPMENT AND THE CITY OF WOODBURN PROPERTY EXCHANGE TO FINALIZE CITY ACQUISITION OF REGIONAL STORM/SURFACE WATER DETENTION AND SANITARY SEWER FACILITIES (Town Center At Woodburn Plat). Public Works Director Brown explained the importance of having municipal control over the regional water quality facility and the history of the project. He stated that Capital Development would benefit by having a more developable parcel in the vicinity of the sanitary sewer lift station and the City would maintain the facility. Councilor Schmidt inquired of the location of the two parcels. Public Works Director Brown stated that the lift station is at the north end of the Wal- Martparking lot and the water quality facility is between Stacy Allison and the freeway. SCHMIDT/PUGH... Authorize staff to negotiate an agreement between the City and Capitol Development to exchange real property within the Town Center at Woodburn Development as outlined in the Staff Report. Councilor Cox questioned if the Council will be voting on a final agreement. Council President McCallum stated that it would be brought back to Council for a final agreement. The motion passed unanimously. 5525 MAYOR AND COUNCIL REPORTS. Councilor Berkey encouraged residents to participate in the National Night Out event on August 4t" Councilor Schmidt stated that he has an issue when stop signs and stop lines are placed where motorists are unable to see on-coming traffic and views are obstructed. Council President McCallum mentioned that there have been sign obstructions at the Boones Ferry Road intersection and would like the City to educate the public on the proper procedure for sign placement. Councilor Berkey inquired of the proper procedure for citizen complaints or questions. Public Works Director Brown stated that Public Works is responsible for the stop lines and explained that they are intended to protect pedestrians. Motorists are expected to stop Page 6 -Council Meeting Minutes, July 27, 2009 COUNCIL MEETING MINUTES JULY 27, 2009 TAPE READING behind the stop bars to ensure that there are no pedestrians and then roll out into the intersection area before entering cross traffic. Councilor Cox stated that sometimes overgrown landscape limits the view at intersections and asked if those types of complaints should also be directed towards Public Works. Public Works Director Brown stated that those types of complaints should also be directed to Public Works and explained that the City is more careful in their current landscape requirements near intersections to avoid obstructions. Council President McCallum stated that Walt Blomberg, Woodburn School District Superintendent, has announced his retirement after the next school year (613012010). Council President McCallum also thanked Woodburn Proud for the Woodburn Proud Appreciation at the Downtown Plaza last Saturday and expressed appreciation for all of those in attendance. 6575 ADJOURNMENT. LONERGANIPUGH... Meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:27 p.m. AP ATTEST Mary e t, Recorder City of Woodburn, Oregon Page 7 -Council Meeting Minutes, July 27, 2009