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Minutes - 08/14/2000 COUNCIL MEETING MINUTES AUGUST 14,2000 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 14, 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 Present Absent Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Deputy Chief Russell, Acting Community Development Director Mulder, Public Works Manager Rohman Mayor Jennings stated that he had received a telephone call from Councilor Chadwick earlier today to inform him that she was ill and would not be in attendance at this meeting. 0020 ANNOUNCEMENTS. A) Music in the Park: The next performance will be held on August 15,2000,7:00 p.m., in Library Park. Guest performer will be Leonid Nosov who will be providing Folk Music of the Ukraine. B) E. Walter Lawson Family Fun Run: This first-year event will take place on Saturday, August 19, 2000, 8:00 am., at Centennial Park. The public is encouraged to participate in this event. If Mr. Lawson is well enough to attend this event, the Dial-a- Ride van will transport him to the park since he is currently wheelchair bound. 0039 CHAMBER OF COMMERCE REPORT. Christy Olson, representing the Chamber of Commerce Board, made the following announcements: I) Business After Hours will be held at the Woodburn Dragstrip on August 24th, 4:30 p.m.. Hershberger Motors has donated some of his vehicles to be used at the drags trip, or you can bring out your own car to do a time trial. In addition, there will be a golf cart race and the Council is invited to attend, and participate, at event; and 2) The Business Showcase will be held September 21" from 1 :00 noon to 6:00 pm at the Woodburn Crossing Shopping Center. The Rotary luncheon will be held at the event site Page 1 - Council Meeting Minutes, August 14,2000 IT COUNCIL MEETING MINUTES AUGUST 14, 2000 TAPE READING between 12:00 noon and I :00 pm. The event will also include a plant sale from AI's Fruit & Shrub, cars from the local dealerships, and sales from 35-40 local businesses. Mayor Jennings stated that he would not be in attendance at the dragstrip event, however, Councilor Figley would be taking his place. 0090 CONSENT AGENDA. A) Special Council meeting minutes of July 17, 2000; B) Council meeting minutes of July 24, 2000; C) Council Executive Session minutes of July 24, 2000; D) Planning Commission minutes of July 27, 2000; E) Human Rights Commission minutes of July 1, 2000; F) Claims for the month of July 2000; G) Building Activity Report for July 2000; H) Police Activity Report for March 2000; and I) Planning Project Tracking Report for July 2000. FIGLEY/PUGH... consent agenda be adopted and/or approved as presented. The motion passed unanimously. 0100 REOUEST FOR SOUND PERMIT - TEEN SWIM AND DANCE. The Aquatic Center staff requested permission to use sound amplification equipment for the purpose of holding a Teen Swim and Dance event at the Center on August 18, 2000 from 8:00 pm to 11 :00 pm. Acting Chief Russell recommended that the permit be approved as requested. FIGLEY/SIFUENTEZ .... approve the sound amplification permit for the Woodburn Aquatic Center on August 18th from 8:00 pm to 11:00 pm for a Teen Swim and Dance. The motion passed unanimously. 0118 COUNCIL BILL - RESOLUTION AUTHORIZING LEASE AGREEMENT WITH UNION PACIFIC RAILROAD FOR FRONT STREET IMPROVEMENTS. Attorney Shields stated that a Council Bill number would be assigned after this meeting putting it in sequence order. The bill was introduced and read by title only since there were no objections from the Council. On rolI call vote for final passage, the bill passed unanimously. Mayor Jennings declared the bill duly passed. 0165 BID #20-22: CONTRACT AWARD FOR SIDEWALK CONSTRUCTION ALONG PARR ROAD. Bids for the construction of a 10' wide sidewalklbikelane improvement along Parr Road from the west boundary of the School property to the west boundary of the Centennial Page 2 - Council Meeting Minutes, August 14,2000 '1 .-. ~ COUNCIL MEETING MINUTES AUGUST 14,2000 TAPE READING Park property were received from the following contractors: D&D Paving Co. dba Axis Curb Co., $44,417.25; D&D Concrete & Utilities, $46,035.00; KJS Construction Inc, $54,489.00; and Capital Concrete Construction, $84,705.15. Staff recommended the acceptance of the low bid which was below the engineer's estimate of $54,944.00. FIGLEY/PUGH.... award the contract to the lowest responsible bidder D&D Paving Co., dba: Axis Curb Co., for the Parr Road sidewalklbikelane improvement in the amount of $44,417.25. The motion passed unanimously. 0185 MID-WILLAMETTE VALLEY COMMUNITY DEVELOPMENT PARTNERSHIP. Administrator Brown stated that the Council of Governments (COG) has inquired as to whether or not the City would like to participate on this partnership. The main function to the City at this time is to distribute lottery monies to be used for rural infrastructure funds. Changes in state legislation now give agencies who are non-COG members an opportunity to serve on the Partnership Board. The Mid-Willamette Valley COG has invited Woodburn to participate and authorize either the Mayor or a Councilor to serve on the Board. Staff suggested that the Council be a participant on the Partnership Board in order to protect the interests of our City in the funding process for qualified projects. It was the consensus of the Council that the City participate on this Board since COG is now only a player in this function rather than taking the lead role as they had been assigned in the past. Administrator Brown stated that the Partnership Board will be meeting on Wednesday, August 16'h at 3:00 p.m.. Mayor Jennings requested that Councilor Bjelland attend this next meeting as an interim appointment and a final appointment will be made at a later date. 0268 SALEM AREA MAYORS: REOUEST TO IDENTIFY ISSUES. Mayor Jennings stated that the Salem-area Mayors have been meeting informally and, with the upcoming elections drawing closer, they have asked each Mayor to bring to the September meeting a list of issues considered to be of regional importance. The intent of this group is to compile a list of issues that deserve attention of the state legislature in the 2001 session. This list would also be used in a possible pre-election panel discussion with candidates for the Oregon legislature. Issues brought up by the Councilors included transportation, local government funding dependent upon outcome of initiatives at the general election, land use as it relates to the continuing tension between economic diversification/development and farm preservation, land use as it relates to jobs/housing balance, look for ways to preserve revenue sources and to make sure that there are no effecti ve challenges on those in the future. Page 3 - Council Meeting Minutes, August 14,2000 ,. COUNCIL MEETING MINUTES AUGUST 14,2000 TAPE READING 0510 SIDEWALK CONSTRUCTION ON WOODLAND NORTH OF HWY. 219. Administrator Brown stated that the sound wall along the west side of Woodland between Hwy. 219 and Robin Avenue has been completed. At a previous meeting, Councilor Pugh questioned if the City would be able to ask the contractor to install a sidewalk along the wall. Staff has researched this issue and solicited informal bids for the installation of approximately 600' of sidewalk. Contractors submitting informal bids were Kostenborder, $8,250.00, and SD Deacon Construction, $19,786.00. Since the wall is now completed, the contractor now needs to plant the landscaping, however, if the sidewalk is to be installed then the landscaping needs to be delayed. Councilor Pugh stated that there are a few residents who do use that side of the street rather than the east side of Woodland and he suggested that the Council authorize the installation of the sidewalk since it is a high volume traffic area. Councilor Figley agreed that there are pedestrian safety issues involved in this area. Mayor Jennings questioned if the informal bid process is acceptable in this case. Public Works Director Tiwari stated that with low bid being greater than $5,000 and less than $10,000, the informal bid process is acceptable. Staff process has been to take bids that are greater than $5,000 to the Council for approval. This project would be a part of the overall Arney Road improvement thereby allowing for the utilization of system development funds to pay for a portion of the cost since it is an expansion of the system. Administrator Brown stated that staff had considered various funding sources and, since the adjacent property owners no longer had direct access to the sidewalk because of the sound wall, it seemed appropriate that the entire cost for the sidewalk be a publicly funded project. It was also noted that the Arney Road improvement project is on the list of projects within the Capital Improvement Plan. PUGHlFIGLEY... award a construction contract to Kostenborder for the sidewalk installation in the amount $8,250.00. The motion passed unanimously. 0810 PLANNING COMMISSION ACTIONS. A) Site Plan Review #00-07: enlargement of parking lot at Washington Elementary School, 777 E. Lincoln St.. B) Site Plan Review #00-11, Conditional Use #00-02: Building addition to existing facility at Willamette Industries, 2550 Progress Way. C) Site Plan Review #00-16: Construction of tennis courts, Tukwila development. D) Site Plan Review #00-19: Modular classroom at Valor Middle School, 450 Parr Rd.. E) Site Plan Review #00-20: Expand existing parking area at Woodburn Family Clinic, 1390 Meridian Drive. F) Partition #00-04: Subdivide one lot into two lots at Lincoln Heights, 1035 E. Lincoln. G) Lot Line Adjustment #00-02: Administrative approval of request submitted by Robert Engle for property located at 610 Glatt Circle. Page 4 - Council Meeting Minutes, August 14,2000 - COUNCIL MEETING MINUTES AUGUST 14,2000 TAPE READING H) Subdivision #00-01 and Acceptance of Street Dedication: Phase 2 of Montebello and a request to modify conditions 9 and 12 for Montebello Phase I regarding solid walI along east project boundary. Administrator Brown stated that, at the time of agenda preparation, staff felt that the Planning Commission would be issuing the final order on item E (Site Plan Review #00- 20) at their August 10th meeting, however, the Commission decided to delay the final order until the next meeting. Therefore, this item is on the agenda as an informational item only. In this particular case, there is some concern regarding the location of a refuse container. Staff will be asking United Disposal for a written set of its standards for developing a particular site which wilI then be used as guidelines and apply them to the extent that good planning allows. Mayor Jennings stated that item F (partition #00-04) only allows for the dividing of one lot into two lots and it does not approve the site plan for the proposed development of apartments on one of the lots. Acting Community Development Director Mulder stated that a modified site plan will be back before the Planning Commission which will provide for a site-built structure rather than moving an existing structure onto the property. Councilor Pugh complimented the Planning Commission on their action to maintain the solid wall condition in Montebello Phase I (item H). 0958 CITY ADMINISTRATOR'S REPORT. A) Analysis of Ballot Measure 93 (state-wide initiative): Administrator Brown stated that the League of Oregon Cities had forwarded information on Ballot Measure 93 to the City and they have suggested that the Council adopt a Resolution in opposition to this measure. In reviewing the level of involvement the staff would have in either opposing or supporting a ballot measure, staff felt uncomfortable presenting anything to the Council that would have been developed using public funds in order to take a position. Therefore, staff has elected to provide the Council with objective facts on this measure as to what it appears to do and the affect it may have on the City. As individuals, they can elect to discuss this issue with the press, constituents, or the League office, but staff is prohibited from expending public money when an official position is taken. He stated that Measure 93 (Taxpayer Protection Initiative proposed by Bill Sizemore) will limit increases in taxes for certain fees and charges to no more than 3% increase over the levels where they existing in December 1998 unless those fees and charges are approved by a super majority vote of the voters. The super majority requirement would require a measure to pass by the same percentage amount that Measure 93 had been approved by the voters. For example, if Measure 93 passed by 80%, then subsequent measures to increase fees and charges would also have to pass by 80% of the vote. Fees not subject to the super majority are certain 9-1- I charges and police assessments and they need only to pass by a simple majority vote. He also listed Page 5 - Council Meeting Minutes, August 14,2000 . f .. .... COUNCIL MEETING MINUTES AUGUST 14,2000 TAPE READING examples of fees and charges exempt from this measure such as court fines and forfeitures, local improvement districts, charges equal to the amount that would be charged by a private provider if a customer could get the very same service from a private provider, and mass transit charges. Under this measure, an increase in the fee charged for reproducing copies would be subject to the same voting provisions as a multi-million bond measure. The measure treats everything as if it was a tax, therefore, all ballot language will indicate that a tax increase is involved even though it may only be a fee or charge which creates apprehension on the part of the voters and could work adversely towards getting the fee and/or charge approved. This measure would be retroactive to December 1998 and would require agencies who have increased fees or charges over the 3% limit to refund the excess fee or charge which was over the limit within a certain period of time. In analyzing the City's current fees and charges, the greatest impact to the City is in the area of planning and recreation. These fees were increased in the Master Fee schedule to recover costs to the programs and, if a refund is required, the staff estimates the refund to be approximately $26,000. Staff also feels that the system development charges and traffic impact fees originalIy established several years ago were at a 100% level but the Council specifically chose to subsidize those charges over a period of time, therefore, the current system development charges and traffic impact fees appear to be within the levels contained in Measure 93. He also stated that the material from the League included information on other initiatives that involve monetary issues impacting the state and/or local governments. Further information will be forthcoming to the Council once staff has received estimates from the state and an analysis is completed. Councilor Pugh expressed concern regarding funding for transportation projects that are much needed within our community. Mayor Jennings requested that the Council go on record opposing Measure 93 and, if the League or any other individual is interested as to the Council's position, they can obtain a copy of the Council minutes. Councilor Bjelland questioned if any legal ruling has been issued that would allow the City to recover its costs. Administrator Brown stated that, to his knowledge, there is no legal ruling at this time and it is his belief that litigation would occur later. Each City wilI have to defend what they have done and ultimately be restricted by the language in the measure. Staff will continue to look into this matter. PUGHlFIGLEy.... Council go on record objecting to Ballot Measure 93. The motion passed unanimously. Councilor Figley stated that, in her capacity as Council President and as a member of one of the League of Cities committees on Community Development, she will be writing a letter from her home to the person who sent the information to the Council stating that the Council adopted the motion and inform them that they are welcomed to obtain the records. Page 6 - Council Meeting Minutes, August 14,2000 .. COUNCIL MEETING MINUTES AUGUST 14, 2000 TAPE READING B) Business Showcase: This year, staff will be having more than one booth area in order to provide information to the public on the Camegie Library renovation project, Community Center Visioning project, Motorcycle traffic program, the potential K-9 program, School Resource and DARE programs. The cost for booth space will be approximately $150.00. C) Administrator Brown introduced Jim Mulder as the Acting Community Development Director and is assuming the full responsibilities of the department. 1555 MAYOR AND COUNCIL REPORTS. Councilor Kilmurray stated that, following the Fiesta event, she had received comments from constituents expressing concerns regarding event parking and she requested that off- site parking along with a shuttle service be addressed in next year's event agreement. She also stated that concerns were expressed regarding the loudness of the music on Friday night about 20 minutes prior to the time authorization was given for sound amplification. She thanked the Fiesta Committee for listening to the concerns of the citizens and the City prior to this year's event, however, there is still some room for improvement. Administrator Brown stated that, from staff's perspective, this year's event went smoother than in the past and the organizers of the event felt comfortable with their relationship with the City. The event had its own private security at the event site, however, the Police Department did patrol the neighborhood areas. For an event that size, he felt that there was marginal impact and it is anticipated that future events will get even better. Councilor Kilmurray suggested that for next year, the planners for Fiesta Days talk with the Neighborhood Watch groups in advance. She expressed her wilIingness to attend those meetings. Councilor Sifuentez expressed her appreciation to those volunteers who worked on the "Days of Caring" through United Way. She also stated that she would be running for another term on the City Council. Councilor Pugh stated that he is very upset with the Woodburn Independent who has refused to print the agendas in the Saturday edition of the paper. He feels that it is an obligation of the newspaper, therefore, he will be pursuing this matter with the newspaper. Mayor Jennings complimented the Police Department with the care that was being taken at Legion Park. AdditionalIy, he feels that communications between the Fiesta event organizers and the City has improved over previous years and it will get even better before next year's event. The Mayor also questioned when the Police Motorcycles were going to be arriving and the motorcycle traffic team in operation. Page 7 - Council Meeting Minutes, August 14,2000 '1 ~" COUNCIL MEETING MINUTES AUGUST 14,2000 TAPE READING Deputy Chief Russell stated that the department has been utilizing a patrol unit with a mobile video system to record the entire traffic stop incident. The patrol unit is marked but it does not have any overhead lights thereby allowing the car to blend in with the traffic and it has been very successful especially at intersections with traffic lights. The motorcycles are scheduled to be delivered in September. Mayor Jennings informed the public that the City is placing an emphasis on traffic enforcement. Councilor Figley stated that she, along with Mayor Jennings and Councilor Chadwick, visited the skateboard facility located in Newberg and they were very impressed with the size, quality, and design of the facility. Additionally, the skateboarders displayed good behavior and the facility was very clean. She encouraged other interested persons to tour this facility since the goal is to construct a skateboard facility within our community. Mayor Jennings stated that the City of Newberg had appointed a Board to oversee the operation of the skateboard facility and the youngest member is age 10 while the oldest member is age 22. He reiterated that the facility was very clean, rules were being followed, and it is a very nice skatepark. FolIowing the Newberg tour, they went to Tualatin where there was trash all over the facility. Ultimately, the difference is in how the skatepark is administered and the involvement of users. Councilor Figley also announced that it was Administrator Brown's birthday tomorrow, therefore, she requested that a recess be taken by the Council since she had brought in a birthday cake in celebration of this event. 2106 The Mayor called for a recess at 8: 10 pm and reconvened at 8:30 p.m. (Tape recording ended at this time) EXECUTIVE SESSION. Mayor Jennings entertained a motion for the Council to adjourn into executive session under the authority of ORS 192.660(1 )(h), ORS 192.660(1 )(f), and ORS 192.660( I)(i). FIGLEY/PUGH... Council adjourn into executive session under the state statutes listed by the Mayor. The motion passed unanimously. Before proceeding into the executive session, City Attorney Shields advised the Mayor and City Council that he had an actual conflict of interest since, as a result of his performance evaluation, he could receive a direct pecuniary benefit or detriment. Second, he stated that he could not represent the City on the matters concerning his evaluation because of his conflict of interest. Finally, he said that he was aware of his right under the Oregon public meetings statute to be evaluated in an open session and he waived the right to an evaluation in open session. The Council adjourned to executive session at 8:32 p.m. and reconvened at 10:29 p.m.. Page 8 - Council Meeting Minutes, August 14,2000 I"' T COUNCIL MEETING MINUTES AUGUST 14,2000 TAPE READING Mayor Jennings stated for the record that no decisions were made in executive session. FIGLEY/PUGH... grant the City Attorney a 5% annual raise effective 12 months from the effective date of last year's annual increase. The motion passed unanimously. FIGLEY/PUGH... eliminate the term of the City Attorney's contract and make it ongoing until resignation or termination. The motion passed unanimously. FIGLEy/SIFUENTEZ.... update the original 1997 document with all changes authorized since it was first signed. The motion passed unanimously. ADJOURNMENT. A motion was made that the meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:31 p.m.. ,- APPROVED RIC ATTEST ACL ~ Mary T-<;Q;ant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, August 14,2000 "IT