Loading...
Minutes - 11/13/2000 COUNCIL MEETING MINUTES NOVEMBER 13, 2000 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 13,2000. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0012 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley Kilmurray Pugh Sifuentez Present Absent Absent Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Deputy Chief Russell, Finance Director Gillespie, Public Works Manager Rohman, Park & Recreation Director Westrick, Library Director Sprauer, City Recorder Tennant 0021 ANNOUNCEMENTS. A) City Hall office closures: City Hall offices will be closed for the Thanksgiving holidays on Thursday, November 23rd, and on Friday, November 24th. Woodburn Public Library will be closed on Thursday, November 24,2000. Woodburn Aquatic Center will also be closed on Thursday, November 24,2000. B) Public Hearing: A public hearing on the Local Law Enforcement Block Grant will be held before the City Council on Monday, November 27,2000. C) Tulip Planting at City Hall: An eagle scout project involves the planting of tulips at City Hall on Saturday, November 18th. Volunteers are encouraged to help with the bulb planting project. 0051 CHAMBER OF COMMERCE REPORT. Cindy Vetter, representing the Chamber, stated that upcoming Chamber events include: 1) Chamber Forum will be held at MacLaren Youth Correctional Facility on November 15th at 12:00 noon. Forum participants will be given a tour of the lattice and metal shops. 2) Business After Hours will be on November 16th beginning at 4:30 pm at the Woodburn Art Center. She stated that the Board of Directors has completed two planning sessions in which the goals have been planned out as to how to move the Chamber into the next year. One of their goals is to increase their membership from 250 to 300. Page 1 - Council Meeting Minutes, November 13,2000 COUNCIL MEETING MINUTES NOVEMBER 13,2000 TAPE READING 0100 CONSENT AGENDA. A) City Council minutes of October 23, 2000 and Special Council meeting minutes of November 7, 2000; B) Planning Commission minutes (draft copy) of October 26,2000; C) Museum Board minutes (draft copy) of October 19,2000; D) Status report on selection of consultant for water study; E) Sound amplification permit for November 19,2000 - Woodburn Company Stores; F) Claims for the month of October 2000; G) Building Activity for the month of October 2000; and H) Planning Project Tracking Sheet. FIGLEy/SIFUENTEZ.... Consent agenda be adopted as presented. The motion passed unanimously. 0120 PUBLIC HEARING: PLANNED UNIT DEVELOPMENT 00-02. MODIFICATION OF THE CONDITIONS OF APPROVAL FOR BOONES CROSSING (Applicant - Polve:on Northwest). Mayor Jennings declared the public hearing open at 7:08 p.m.. Recorder Tennant read the land use statement required under ORS Chapter 197. No declarations were made by the Mayor or Council. Community Development Director Mulder provided background information on the original Planned Unit Development #97-03 which was approved by the Council in November 1999. The application pending would allow for modification of condition of approval "D-1" to allow for the alternative of a sanitary sewer lift station in lieu of requiring a only a deep gravity sewer. He stated that this development consists of approximately 62 acres involving 241 lot single family residential subdivision, 94 multi- family units, and 2 acres of commercial property. The applicant has been in the process of developing the improvement plans for the first phase of the single family development and, during the engineering process, they discovered that it would be very difficult to provide the deep sanitary gravity sewer. They have met with Public Works staff to seek a remedy to their situation and it was agreed upon that a sewer lift station would be a more reasonable solution. The Planning Commission adopted a final order on October 12, 2000 recommending approval of PUD 00-02. Matt Sprague, Alpha Engineering representing Polygon Northwest, expressed his appreciation to the staff and Planning Commission for their attention to this matter. Since all of the pertinent information was outlined in the staff report, he stated that he was available to answer any questions. No one in the audience spoke either for or against the proposal. Mayor Jennings declared the public hearing closed at 7: 17 p.m.. Page 2 - Council Meeting Minutes, November 13,2000 COUNCIL MEETING MINUTES NOVEMBER 13,2000 TAPE READING The Mayor expressed his concern regarding the safety issues involved with installing the deep gravity sewer line and, in his opinion, the lift station will be just as good and less of a safety hazard for installation. Councilor Figley thanked the staff and applicant for detailed and understandable materials in the packet which show that the lift station proposal is cheaper, safer, and just as effective in doing what is necessary. Councilor Kilmurray concurred with the comments made by Councilor Figley. FIGLEYIKILMURRA Y.... concur with the Planning Commission's final order and approve PUD 00-02 and instruct staff to prepare an ordinance to substantiate that decision. On roll call vote, the motion passed unanimously. 0481 COUNCIL BILL 2271 - ORDINANCE LEVYING ASSESSMENT OF COSTS FOR THE IMPROVEMENT OF THE ALLEY BETWEEN HARRISON STREET AND WEST HAYES STREET. Council Bill 2271 was introduced by Councilor Sifuentez. 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 Jennings declared Council Bill 2271 duly passed with the emergency clause. 0529 COUNCIL BILL 2272 - ORDINANCE AMENDING ORDINANCE 1900 TO PROVIDE AN APPLICATION PROCESS FOR THE CEREMONIAL DISCHARGE OF FIREARMS. Council Bill 2272 was introduced by Councilor Sifuentez. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2272 duly passed with the emergency clause. 0554 COUNCIL BILL 2273 - RESOLUTION AUTHORIZING RENEWAL OF PARTICIPATION IN THE OREGON COOPERATIVE PURCHASING PROGRAM. Councilor Sifuentez introduced Council Bill 2273. 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 Jennings declared Council Bill 2273 duly passed. 0577 COUNCIL BILL 2274 - RESOLUTION DIRECTING PLACEMENT OF STOP SIGNS IN MONTEBELLO SUBDIVISION. Councilor Sifuentez introduced Council Bill 2274. 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 Jennings declared Council Bill 2274 duly passed. Page 3 - Council Meeting Minutes, November 13,2000 COUNCIL MEETING MINUTES NOVEMBER 13, 2000 TAPE READING 0613 OREGON LIOUOR LICENSE APPLICATION: LOS CABOS RESTAURANT. 1565 N. Pacific Hie:hwav. An application for a Class A Dispenser license was submitted by Rigoberto Robles for the Los Cabos Mexican Restaurant. This business is replacing Sally's Restaurant which did have a Retail Malt Beverage license. FIGLEY/SIFUENTEZ... approve a Dispenser Class A liquor license for Los Cabos Mexican Restaurant at 1565 N. Pacific Hwy. The motion passed unanimously. 0625 BID A WARD #21-01: MAINTENANCE SHOP LUBE PIT AND ROOF REPLACEMENT. Bids for the installation of a lube pit, replacement of some roof trusses, and replacement of the roof at the maintenance shop were received from the following contractors: Kohring Construction Co., $52,175.00; MG Construction, Inc., $53,500.00; Gravo Construction Inc., $55,800.00; Future Painting & Construction, LLC., $58,500.00; Zink Commercial, $61,900.00; B & L Construction, Inc., $72,330.00; Select Contracting, Inc., $79,789.00; and Hannan-Mossman Construction, Inc. $80,523.00. Staff recommended the acceptance of the low bid which was below the engineer's estimate of $55,000.00. FIGLEYIPUGH... Award bid #21-01 for the installation of a lube pit and replacement of the roof at the proposed maintenance shop to Kohring Construction Co. for $52,175.00. The motion passed unanimously. 0647 ENGINEERING SERVICES CONTRACT MODIFICATION: WASTEWATER MAINTENANCE BUILDING. CONTROL BUILDING. AND LABORATORY. Public Works Director Tiwari stated the original engineering work planned for construction of a new lab and control building. However, the bids received were over $1 million more than budget, therefore, it was decided to pursue remodel and add to the existing building which ultimately reduced the cost of this portion of the project by $1.1 million. This reduction in cost brought the total cost of this phase of the project to an amount closer to the original engineer's estimate of costs. In order to bring the project cost back in line with the estimate, Nicoli Engineering was required to modify the design resulting in additional costs for engineering services. Staff is requesting Council approval of $28,895 for the work that was done outside of the scope of the original contract. FIGLEY/SIFUENTEZ... Nicoli engineering be granted additional compensation in the amount of $28,895 for out of scope work as described in this memo and further described by the Public Works Director. The motion passed unanimously. 0835 ACCEPTANCE OF NON-EXCLUSIVE LICENSE AGREEMENT BETWEEN WOODBURN SCHOOL DISTRICT AND THE CITY. In lieu of an easement for the installation of a meter to determine wastewater flow in the Page 4 - Council Meeting Minutes, November 13,2000 COUNCIL MEETING MINUTES NOVEMBER 13,2000 TAPE READING existing sewer main along Goose Creek located on school property, the school district has proposed a non-exclusive license which has been reviewed, and approved, by city staff. FIGLEY/SIFUENTEZ... approve the non-exclusive license agreement between Woodburn School District and the City of Woodburn and authorize the City Administrator to sign the agreement. The motion passed unanimously. 0855 CONTRACT FOR ECONOMIC ANALYSIS AND LAND SUITABILITY STUDY. FIGLEY/SIFUENTEZ...authorize the City Administrator to execute a contract with ECO Northwest in an amount not to exceed $60,000 to complete an economic analysis and land suitability study. Councilor Pugh expressed his concern regarding the large amount of dollars the City expends on consulting fees. Even though this is a necessary study, he feels that it is more for the need to satisfy LCDC rather than a City need. Administrator Brown stated that the two goals to be achieved by this study are as follows: I) satisfy DLCD by providing the economic element of the periodic review and addressing shortcomings in our existing economic element in the City's housing element; and 2) an implementation plan that will design a public investment strategy for providing the statistical infrastructure and cultural/social infrastructure necessary to attract target industries that have higher paying wages, clean, and responsible to the community. He stated that the City's cost share of this project is $10,000 with the balance being paid for by the State of Oregon. The motion passed unanimously. 0960 Norris Seaton, 17240 Boones Ferry Rd., stated that he had addressed the issue of the roughness of Boones Ferry Rd. with the Council last year and, to date, he has not seen much improvement. He was also told that the portion of the roadway within the City would be widened during the year 2000, however, outside of some lines being recently located along the roadway, he has not seen much activity to make the roadway improvements. He questioned the Council as to the status of this project. Public Works Director Tiwari stated that the preliminary design for the Boones Ferry Road improvements are almost complete. This project will involve an assessment district, along with some contribution from the City, in order to generate funds necessary to pay for the improvements. He stated that they have planned for the improvement to commence in the summer of 2001 and it is anticipated that the assessment district formation process will begin in early 2001. He reminded the public that if there are problems with the roadway, the problem will analyzed and there will be a response from the public works department on the problem. Mr. Seaton stated that, following his last visit to the Council, there were some minor repairs made to the roadway to smooth it out Page 5 - Council Meeting Minutes, November 13,2000 COUNCIL MEETING MINUTES NOVEMBER 13,2000 TAPE READING Director Tiwari agreed that there were some problems where service lines crossed from the west side of the road to the main line on the east side. Repairs were made to those areas to smooth out the roadway. He stated that the City has not spent any extra money on this roadway since major improvements will be made in the near future. Mr. Seaton suggested that the contractors be required to put the roadway back to its original condition. Director Tiwari stated that the City does require that it be brought back to its original condition, however, they prefer that a cold patch be put in first followed by a hot patch several days or weeks later which is a smoother finish. 1225 PLANNING COMMISSION ACTIONS. A) Subdivision 00-02 and Variance 00-07: Subdivision of .91 acres divided into six single family lots at 1238 Park A venue - Applicant: Farmworker Housing Development Corporation B) Site Plan Review 00-26: Construction of a swimming pool for Orchard Green and The Links homeowners south of the OGA golf course clubhouse in the Tukwila PUD - Applicant: Tukwila Partners Mayor Jennings expressed his opinion that the Farmworker Housing project is an extremely good project since it will be placing single family homes on bare ground and placing the land and buildings on the tax roll. He questioned if the single access easement of 24 feet is wide enough to accommodate the traffic to those homes. Community Development Director Mulder stated that there would be no parking on that roadway. Additionally, the Commission allowed a variance from 4 driveways to 6 driveways in order to allow the developer to put the garage to the homes facing Park Avenue at the rear rather than direct access onto Park A venue. 1311 CITY ADMINISTRATOR'S REPORT. A) Bequest to the Woodburn Public Library: Library Director Sprauer stated that the Library is a recipient of a bequest from Albert John Saarinen in the amount of $36,301.22 which was given to the endowment fund in the name of Cecil Saarinen. Since she is not aware of any family members to send a thank you note to for this generous gift, she publicly thanked the family for this bequest. She stated that the endowment fund has been used to pay for capital improvements to the Library. B) Building at 347 N. Front Street: Administrator Brown stated that this property, known as the Salud Building, was damaged in March 1993 as a result of an earthquake. The building was declared as a dangerous building and has been uninhabited since that time and a number of engineering studies done by a succession of owners. The City has been working with the current Page 6 - Council Meeting Minutes, November 13,2000 COUNCIL MEETING MINUTES NOVEMBER 13,2000 TAPE READING owner since October 1998, however, the existing owner has no money in which to make necessary repairs or demolish the building. During the budget process, the Committee included $100,000 in the budget to be used for either making repairs or demolition. The City is within a week of obtaining ownership of the building so the problem regarding repairs or demolition will soon be the City's to take care of. He stated that he has had Nicoli Engineering to assess the building, draw design work for both the demolition and a partial reconstruction. If the building is demolished, the walls to this building are also walls to the abutting buildings (known as party walls), therefore, a sheer wall design is necessary to keep the walls to the other buildings in place. In regards to the partial reconstruction, it would bring down the walls to a one-story level building. In anticipation of taking over the building, he released a request for preliminary bids for both scenarios to get a better idea as to what costs would be involved. Unfortunately, the bids came back a lot higher than anticipated with a demolition estimate at $125,000 and a reconstruction to one-story of $218,000. He requested Council confirmation that the dangerous building still needs to be dealt with and that they are in agreement that there is no other alternative to pursue at this point to take care of this problem. In regards to the preliminary bids, neither take into account any scrap value of some of the materials such as old growth timbers that are 50 feet or longer, brick, electrical work, and an operable elevator. However, the scrap value will not generate $118,000 which would bring the cost down to $100,000. Additionally, he requested a local realtor to provide some comparables that similar real estate in the downtown area would sell for if property was purchased at a later date and it was found that, for a building of 10,000 sq feet or larger, the cost would be at least $218,000 if not more. In his opinion, there are uses for this building such as moving the museum to a larger space so that exhibits can be rotated and a wider variety of information can be provided to visitors. Commercial uses could also be considered but he did not feel that sufficient revenues would be generated to pay for the work to be done. He suggested that further design work be completed in order to look at 3 different bid specifications - 1) full demolition, 2) first story reconstruction, and 3) put the building back to a safe condition and seal it watertight but still at its existing height. Funding options he would like to consider include selling off surplus city property that are individual parcels that are owned by the City but not being used. If the design work is authorized, the cost will be approximately $3,500 to $4,000. It is proposed that the designs would be released to contractors asking them to bid on anyone or all three of the options, or, in the alternative, provide another alternative that they believe would accomplish the City's goals more efficiently and at a lower cost. This method would involve a longer process, however, it may generate enough creativity in the private sector that the work may be accomplished at a lesser amount. All proposals will be reviewed and it would be closer to February before a contract could be awarded. In the meantime, staff will look for funding options and will meet with the Budget Committee in January during the mid-year review to discuss the additional financing requirements. Page 7 - Council Meeting Minutes, November 13,2000 TAPE READING COUNCIL MEETING MINUTES NOVEMBER 13, 2000 Mayor Jennings stated that, as far as he is concerned, he is not interested in demolition of the building. The first floor would be an option but he would rather see the City obtain bids in keeping the second floor and using it as rentable space. As the City grows, building space will be needed and there is some value in looking toward the future. Councilor Pugh also stated that, at the last meeting, the Council elected to pursue an Urban Renewal Program and, with the downtown area being a part of that program, demolishing the building is, in his opinion, not acceptable. He also felt that the City should spend only the amount of money necessary to make it acceptable. Once the Urban Renewal Program is adopted, there may be extensive changes to that block. He is willing to consider a one-story building with a facade upgrade but is hesitant to consider a second story for city offices since the future of the building is unknown. Councilor Sifuentez expressed her opinion that the building be preserved which includes the second story. She felt that this is a project that could involve the community, therefore, make it a building that the community can be proud of. Councilor Kilmurray stated that she would prefer to keep the building in the original condition rather than a one-story building. Administrator Brown stated that renting offices will not pay for the costs incurred by the City and the Council will need to spend money on this project that they will never see get back just to make the building safe and eliminate the blight. Councilor Figley also stated that she is not interested in demolishing the building. She would prefer to look at the alternatives of one-story versus two-story and she is interested in obtaining an inventory list of property that could be sold for the purpose of generating cash. She would like to explore the issue of restricting property that is sold so that it is not used for uses that the Council and community do not find as the highest or best uses. Administrator Brown stated that he will be asking for a one-story and a two-story design. The two-story design would be a pay-as-you go concept so that the City is not looking at full refurbishment at this time. C) Progress Report on Urban Renewal: Administrator Brown stated that the upcoming issue of the Woodburn Independent will include a notice to the public soliciting citizen involvement on an Urban Renewal Planning Committee. This committee would be used to assist City staff and our Urban Renewal consultant in finalizing the proposal that will be brought before the Planning Commission and Council in 2001. It is anticipated that the committee will consist of 15 to 18 members with a some of the seats filled by various jurisdictional representatives such as the county, school district, and fire board. The remainder of the positions will be filled by representatives of positions identified in the advertisement. The City Administrator's office will be distributing the application form to interested citizens. The second step of the urban renewal process is the Downtown Visioning and Design session. He stated that the City has received some assurances from the Governor's office that a Page 8 - Council Meeting Minutes, November 13,2000 COUNCIL MEETING MINUTES NOVEMBER 13, 2000 TAPE READING financial assistance grant will be made available to provide some bi-lingual outreach. He has been working with Latino community leaders in forming an outreach program. A sub-consultant is being used in this effort and it is anticipated that the design work will begin in January 2001 and completed in 6 to 8 weeks. In the meantime, the Urban Renewal Planning Committee will be looking at legislative issues around designing the district. It is anticipated that this project will be completed by the end of the fiscal year. 2736 Mayor Jennings stated that one of the items of discussion at the League of Oregon Cities conference was Ballot Measure 7. Several local governments are in the process of drafting an enabling ordinance which needs to be adopted before December 7, 2000. He encouraged staff to continue with their research on this issue and, if necessary, draft an ordinance for Council consideration and adoption prior to December 7th. City Attorney Shields stated that he is aware of two or three cities that are in the process of drafting an enabling ordinance and he will move forward on this issue. 2902 MAYOR AND COUNCIL REPORTS. Mayor Jennings stated that the City's bond measure for financing parks and community facilities was defeated by the voters, therefore, staff is now looking at Plan B in order to accomplish some of the improvements that would have been funded by the bond measure. He reminded the public that it will take longer than originally planned to make some of the park improvements. He also reminded the public that there will be openings on a number of City Boards and Commissions as of December 31 st. He encouraged interested citizens to obtain an application at the City Administrator's office and return it prior to the December 11 th Council meeting so that appointments can be made prior to January 2001. Mayor Jennings requested that staff provide all of the Councilors with the Oregon Government Standards and Practice Laws booklet which provides public officials with guidelines on ethics. He also complimented the artist on the art exhibit in City Hall which uses recycled tin materials. The art is for sale and the public is encouraged to drop by City Hall to view and/or purchase the art. 0061 EXECUTIVE SESSION. Mayor Jennings requested that the Council move into executive session under the following statutory authority: 1) ORS 192.660(1)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions; 2) ORS 192.660(1)(h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed; and 3) ORS 1 92.660( 1 )(f) to consider records that are exempt by law from public inspection. Page 9 - Council Meeting Minutes, November 13,2000 COUNCIL MEETING MINUTES NOVEMBER 13, 2000 TAPE READING FIGLEY ISIFUENTEZ... adjourn to executive session under the ORS statutes cited by Mayor Jennings. The motion passed unanimously. The meeting adjourned to executive session at 8:30 pm and reconvened at 9: 11 pm. Mayor Jennings stated that no action was taken by the Council while they were in executive session. 0080 FIGLEYIKILMURRA Y... City Administrator be authorized to execute on behalf of the City a new lease agreement with Wes and Zinaida Toran for the property located at 828 Parr Road, Marion County, Oregon. The motion passed unanimously. 0100 FIGLEYIKILMURRA Y.... City Attorney be authorized to take whatever legal action is necessary, including the filing of an answer, to protect the City's second mortgage position in the case of Bank of New York v. Scheratsti and Citv of Woodburn. Marion County Circuit Court No. 00C1826. The motion passed unanimously. Mayor Jennings reminded the Councilors that he would like to make appointments to the various Boards and Commissions at the first meeting in December. Therefore, if they know individuals interested in applying for, or interested in re-appointment, to encourage them to contact the Administrator's office for an application form. 0130 ADJOURNMENT. PUGHlFIGLEY... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:14 p.m.. ATfEST fY\";:;ft~ Mary Tenn t, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, November 13, 2000 Executive Session COUNCIL MEETING MINUTES November 13, 2000 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 13,2000. CONVENED. The Council met in executive session at 8:35 p.m. with Mayor Jennings presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley Kilmurray Pugh Sifuentez Present Absent Absent Present Present Present Present Mayor Jennings 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, Public Works Director Tiwari (8:35 pm to 8:58 pm), City Recorder Tennant The executive session was called under the following statutory authority: 1) ORS 192.660(1)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions; 2) ORS 192.660(1)(h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed; and 3) ORS 192.660(1)(f) to consider records that are exempt by law from public inspection. ADJOURNMENT. The executive session adjourned at 9: 10 p.m.. APPRO~~ RIC ARD JENN GS, A YOR ATTEST ~~---r~ Mary en ant, Recorder City of Woodburn, Oregon Page 1 - Council Executive Session Minutes, November 13, 2000