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Minutes - 07/23/2001 COUNCIL MEETING MINUTES JULY 23, 2001 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 23, 2001. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0020 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Present Present Present Absent Present Present Absent Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Null, Finance Director Gillespie, Public Works Manager Rohman, City Recorder Tennant 0036 ANNOUNCEMENTS. A) Public Hearing: The City Council will hold a public hearing on the Water Master Plan, water rates, and system development charges on August 13,2001 at 7:00 p.m.. B) Public Hearing: The City Council will also hold a public hearing on the Urban Renewal Plan and a report on the plan at their August 13,2001 meeting. C) Aquatic Center hours of operation have been expanded to include Sundays from 1 :00 p.m. to 5:00 p.m.. D) Walt's Run - 5k RunlWalk, 1 Mile Jaunt: This event will be held on Saturday, August 18th, 8:00 am, at Centennial Park. Sign-ups for this event are underway at the Aquatic Center. E) Music in the Park: Upcoming musical events at Library Park are as follows: July 24,2001, 7:00 p.m. - Joni Harms, Country music recording artist July 31 2001,7:00 p.m. - Roundhouse Bluegrass Band August 7,2001, 7:00 p.m. - Jimnalan-Folk songs and humor F) Fiesta Mexicana: The Mayor reminded the public that the parade is scheduled for Saturday, August 4th, beginning at 12:00 noon. He stated that he will be this year's Grand Marshall and he encouraged the Councilors to participate in this annual event. 0155 PRESENTATION: WATER MASTER PLAN AND WATER TREATMENT PROJECT UPDATE. Public Works Manager Rohman stated that the City had updated the 20 year-old Water Master Plan in December 1997. An examination of the water quality showed that, from a Page 1 - Council Meeting Minutes, July 23,2001 COUNCIL MEETING MINUTES JULY 23, 2001 TAPE READING safety standpoint, the water quality was excellent, however, from an aesthetic standpoint, high concentrations of iron and manganese generated complaints from consumers. The plan identified a deficiency in water storage capacity and it reviewed anticipated regulatory changes in areas such as groundwater, radon, new contaminants, and arsenic. The proposed rule of most concern related to arsenic which, for many years, has been set at 50 parts per billion. In January 2001, the EPA proposed to reduce the level to 10 parts per billion, however, a final rule will not be in place until February 2002. The City has occasionally had samples above the 10 parts per billion level and as high as 13 parts per billion on various wells, however, the normal range is 0 to 9 parts per billion. He stated that the Council had appointed a Water Master Plan Committee in 1998 to review the plan. They had developed a preferred water treatment project alternative along with developing costs for that alternative. The City hired a consultant to perform a water rate study and the Committee monitored the consultant's progress. They considered various alternatives with the consultant and, following a workshop with the Council, a recommended water rate alternative was developed. The Committee also monitored a pilot study which validated the treatment process selected. An open house was held on June 6, 2001 at which time staff, Committee members, and the consultants reviewed both the water treatment and storage project and the water rate and system development charges required to pay for the project. Staff felt that it was a successful open house in which over 100 people attended and those in attendance were, for the most part, in favor of the plans presented. The Water Master Plan Committee met on July 16,2001 and recommended that the revised Water Master Plan, which included updates from the Committee's work over the last 2 years, be approved along with the Water Rate and System Development Charge Study. The next step in this process is for a public hearing to be held before the City Council. Staff has scheduled this hearing for August 13,2001, 7:00 p.m., and consultants for the water treatment project and the water rates and system development charges will be attendance at the hearing to give a short presentation. Representatives from the Committee will also be in attendance to answer questions on these issues. 0523 Mayor Jennings stated that Secretary of State Bill Bradbury will hold a regional meeting at Woodburn City Hall on August 1,2001, 7:00 p.m., to make a presentation on the proposed State Redistricting Plan. The public is encouraged to attend this meeting and, if applicable, comment on the proposed plan. The Mayor reminded the public that applications are being accepted from citizens interested in serving on the Planning Commission. Applications are available in the City Administrator's office at City Hall. Page 2 - Council Meeting Minutes, July 23,2001 COUNCIL MEETING MINUTES JULY 23, 2001 TAPE READING Mayor Jennings also requested that the Executive Session item relating to the evaluation of the City Attorney be deleted from this agenda and rescheduled for a future meeting in which all of the Councilors are present. 0624 PROCLAMATION : NATIONAL NIGHT OUT 2001. Mayor Jennings declared August 7,2001, as National Night Out 2001 in Woodburn and he urged local citizens to participate in this annual event. He stated that he will be visiting various neighborhoods participating in this year's event with the Police Chief and he encouraged Councilors to ride along with them to visit the neighborhoods. They will be meeting at City Hall at 6:00 p.m.. Mayor Jennings also reminded the public that City Administrator Brown will be riding his bicycle from We1ches to Hood River in an annual event which benefits the American Diabetes Association. Donations are still being accepted by the Administrator for this annual event and, to date, he has collected $1,279.00 in donations to this charitable organization. 0827 CHAMBER OF COMMERCE REPORT. Patrick Vance, representing the Chamber Board, stated that the Chamber has relocated their office to a new location within the Woodburn Crossing Plaza. There is now adequate signage from the street and from within the Plaza. The students from MacLaren will soon have the display cases completed for the brochures and maps. Upcoming events include: 1) Annual Chamber Golf Tournament will be held on July 27th at the Senior Estates Golf Course. This year's sponsors are Wal-Mart and Spirit Mountain Casino. 2) The 2002 Community Directory is now in the process of data collection and printing. This year's Directory will include more information on Woodburn's history, schools, government, livability, services, events and businesses. 3) On August 15th, the Chamber Forum lunch at Woodburn Crossing will feature guest speaker State Representative Cliff Zauner. 4) Business after Hours will be held at Hire Calling Staffing Solutions, North Pacific Hwy, between 4:30 pm and 6:00 pm. 5) The annual Chamber Auction will be held on August 18th at Woodburn Crossing. 1024 LETTER OF APPRECIATION FROM BILL BURGESS RE: 4TH OF JULY EVENT. Mayor Jennings read the letter from Bill Burgess, Salem, congratulating the City for the exceptional July 4th activities and fireworks held at the High School. The Mayor stated that this letter is a tribute to the 4th of July Committee who work very hard to make the annual event a success. Page 3 - Council Meeting Minutes, July 23,2001 COUNCIL MEETING;MINUTES JULY 23, 2001 TAPE READING 1102 Bob Day, Vice President of the Board of Directors of Senior Estates and Chairman of the Community Relations Committee, presented their concerns to the Council regarding the upcoming drawing of Ward boundaries. He stated that he had received a letter from City Administrator Brown identifying certain criteria that the Council had established, and that the staff was authorized to contract with the Mid- Willamette Council of Governments (COG) to provide redistricting services. He referenced one of the statutory criteria to be followed "Each district, as nearly as practicable, shall... not divide communities of common interest...". He questioned if COG was knowledgeable enough with Woodburn to identify communities of common interest and, in their opinion, COG cannot adequately do the job of meeting the above criteria unless the City gives COG some guidelines. In their opinion, Senior Estates Golf & Country Club is a community of interest and, for whatever reasons in the past, it has been divided into three different districts. They feel that Senior Estates is being unnecessarily split with their voice in city government being diluted and they see no need or justification for continuing this error in reapportionment. Another criteria is that "No district shall be drawn for the purpose of favoring any... incumbent legislator..." however, an additional criteria has been added by the City to "...retain each incumbent councilor's residence within the same Ward number". He stated that the additional criteria directly conflicts with the legally required criteria of not favoring an incumbent. By making a conscious effort to keep the incumbent in their existing wards, this favors the incumbents thereby adding to the dividing of communities of interest. In their review of the Charter, the reapportionment should not disqualify a councilor in mid-term since the Charter requires that the Councilor at the time of the election be a resident of the ward from which they are elected. Mayor Jennings stated that the Charter requires the Councilor to be a resident of the Ward during the tenure of their office, otherwise, a vacancy is created for that position. He stated that he would yield to the Mayor's expertise on this issue, however, it is a concern and he reiterated that Senior Estates is a community of common interest. He invited the Council to identify other areas of communities of interest and present them to the Council at their August meeting for approval and submittal to COG for consideration when drafting the ward boundaries. In their opinion, there would be less cost to the City by notifying COG in advance of the communities of interest rather than having them re- draft the plan at a later date. Secondly, he suggested that the Council delete the criteria of keeping each Councilor's place of residence within their existing ward since the existence of this criteria makes it more difficult to avoid dividing communities of interest in addition to it being a potentially illegal criteria. Mayor Jennings stated that he would like to meet with Mr. Day and any other member of their committee since there are other issues such as equal population that needs to be considered. Mr. Day stated that they understand that population is a factor and another section of the city would need to be added to their area in order to meet that criteria. He reiterated that Page 4 - Council Meeting Minutes, July 23,2001 COUNCIL MEETING MINUTES JUL Y 23, 2001 TAPE READING they want the law to be followed and would like to have their concerns be considered as well. Administrator Brown stated that staff had received the Senior Estates Community Relations Committee letter, dated around July 6, 2001, which expressed a number of these concerns. That information, along with the Hispanic Voter Registration Project Education Program letter, have been provided to COG along with the Council's criteria. His instructions to COG were to do the best they could in taking into account the concerns that were raised by both of those groups and working with the Council's criteria to develop a redistricting proposal that would try to serve the needs of all parties. He plans on holding a workshop later this summer on the a draft proposal. He stated that funds have been included in the budget to develop another alternative if the first proposal is not acceptable. The issue of communities of common interest was raised in the initial letter and he presumes that COG has some experience in dealing with this issue. City staff will look at the initial proposal before it is presented at a workshop and, if COG did not recognize communities of common interest within Woodburn, staff will work with COG on this issue before it becomes public. 1810 CONSENT AGENDA. A) approval of Council minutes of July 9,2001; B) approval of Urban Renewal Agency minutes of July 9,2001; C) Informational letter dated July 19,2001 to Woodburn School District regarding status of the State Highway 214 sidewalk project; D) Claims for the month of June 2001; E) Woodburn Public Library monthly report for May 2001; and F) Planning project tracking sheet date July 7,2001. Mayor Jennings stated that consent agenda item B (Urban Renewal Agency minutes) should reflect Council receipt of the minutes rather than approval of the minutes. BJELLAND/NICHOLS... accept the consent agenda with the amendment as noted by the Mayor. The motion passed unanimously. 1874 ACCEPTANCE OF UTILITY EASEMENT FOR PARALLEL WESTERLY RELIEVING SANITARY SEWER INTERCEPTOR FROM WOODBURN SCHOOL DISTRICT. Staff recommended that the utility easement be accepted by the Council which will allow for the construction of the interceptor in the vicinity of Highway 214 near Goose Creek. Once the sewer main construction activities are completed, the next project scheduled for that area is the installation of sidewalks along Highway 214. BJELLAND/NICHOLS... accept the Utility Easement requested and prepared by the Public Works staff and granted by the W oodbum School District. The motion passed unanimously. Page 5 - Council Meeting Minutes, July 23,2001 COUNCIL MEETING MINUTES JULY 23, 2001 TAPE READING 1909 CONTRACT AWARD: PARALLEL WESTERLY RELIEVING INTERCEPTOR. Bids for this project were received from the following contractors: Gelco Construction, $285,862.75; Emery and Sons Construction, $321,273.00; R & G Excavating, $377,253.00; and Kerr Contractors, $391,671.00. Staffrecommended the acceptance of the low bid which was below the engineer's estimate. BJELLAND/CHADWICK... award the contract for Parallel Westerly Relieving Sanitary Sewer Interceptor to the lowest responsible bidder, Gelco Construction, Inc., in the amount of $285,862.75. The motion passed unanimously. 1945 REOUEST FOR SOUND AMPLIFICATION PERMIT: FIESTA MEXICANA. The Woodburn Latin American Club requested permission to use sound amplification equipment August 3, 4, and 5, 2001 during their annual event. NICHOLS/BJELLAND... approve a sound amplification permit for Woodburn Latin American Club on August 3 and 4, 2001, from 10:00 a.m. to 11 :00 p.m., and on August 5,2001 from 10:00 a.m. to 10:00 p.m.. The motion passed unanimously. 2000 REOUEST FOR SOUND AMPLIFICATION PERMIT: IGLESIA PENTECOSTES. A request was received from Pastor Victor Vargas, Iglesia Pentecostes, for a sound amplification permit on July 29, 2001 from 9:30 a.m. to 4:30 p.m. to be used in conjunction with a singing and speaking program at Library Park. BJELLAND/NICHOLS...approve a sound amplification permit for Iglesia Pentecostes at Library Park on July 29, 2001 from 9:30 a.m. to 4:30 p.m.. The motion passed unanimously. 2030 REOUEST FOR POLICE CHIEF TO BE GIVEN AUTHORITY TO AUTHORIZE STREET CLOSURES IN CONJUNCTION WITH NATIONAL NIGHT OUT BLOCK PARTIES. BJELLAND/NICHOLS.... grant authority to the Police Chief to authorize street closures on Tuesday, August 7,2001, from 6:00 pm to 10:00 pm to accommodate the citizens of Woodburn who wish to close their street for block parties for National Night Out. The motion passed unanimously. 2070 BULLETPROOF VEST PARTNERSHIP. The Department of Justice has awarded a $1,467.39 grant to the City towards the purchase of 7 new vests in the current fiscal year. The estimated cost for the 7 vests is $4,193.00, therefore, the City's share of the cost will be approximately $2,725.61. BJELLAND/NICHOLS... approve receipt and allocation of Bulletproof Vest Partnership Grant funds for 2001 for the purchase of bulletproof vests. The motion passed unanimously. Page 6 - Council Meeting Minutes, July 23, 2001 COUNCIL MEETING MINUTES JULY 23, 2001 TAPE READING 2109 BID AWARD: CARNEGIE LffiRARY EXTERIOR RENOVATION. Bids for this project were received from the following contractors: First Cascade Corp, $99,996.00; Lake Oswego Construction, $108,411.00; DGS General Construction me., $123,100.00; Select Contracting, $129,988.00; Diamaco, me., $154,300.00; and PCR me., $165,650.00. BJELLAND/NICHOLS... award City of Woodburn Bid #22-03 for Carnegie Library Exterior Renovation to First Cascade Corporation for $99,996.00 and authorize the City Administrator to sign the construction agreement. The motion passed unanimously. 2171 COUNCIL BILL 2334 - RESOLUTION ADOPTING A PREMIUM CONVERSION. MEDICAL REIMBURSEMENT. AND DEPENDENT CARE REIMBURSEMENT CAFETERIA BENEFIT PLAN FOR CITY EMPLOYEES. Councilor Chadwick introduced Council Bill 2334. 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 2334 duly passed. 2234 COUNCIL BILL 2335 - RESOLUTION AUTHORIZING ESTABLISHMENT OF A 401(A) MONEY PURCHASE PLAN AND TRUST IN THE FORM OF THE ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN AND TRUST. Council Bill 2335 was introduced by Councilor Chadwick. 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 2335 duly passed. 2287 PURCHASE OF WATER METER RECORDERS. BJELLAND/NICHOLS... authorize the City Administrator to sign an agreement with Radix Corporation for the purchase of water meter recorders for $15,212.00. The motion passed unanimously. 2350 CITY ADMINISTRATOR'S REPORT. A) He reminded the public that Secretary of State Bill Bradbury will be holding a meeting in the City Hall Council Chambers on August 1 sl regarding the proposed State redistricting plan. He stated that Representative Zauner had contacted him late last week to see if the City would react either in favor or opposition to the proposed plan. The Administrator informed the Council that he has obtained a full-size map of the proposed redistricting boundaries plus a website address for more detailed information. He requested the Councilors to forward any comments to him so that a letter can be submitted to the Secretary of State on this issue. B) Last year, the City had 18 employees participating in a rapid Spanish class which cost Page 7 - Council Meeting Minutes, July 23,2001 COUNCIL MEETING MINUTES JULY 23, 2001 TAPE READING approximately $100 per employee. At the time, other employees wanted to participate but were unable to do so because of scheduling conflicts and other reasons. It is his understanding that Chemeketa College is putting together a conversational Spanish class that would be about 10 weeks in duration and 2 hours per week. Staff is trying to get the particulars on the class and it is his intention to proceed with more Spanish language training for those employees who want to take advantage of this opportunity. 2596 MAYOR AND COUNCIL REPORTS. Councilor McCallum stated that the Woodburn Public Library was mentioned in the Advanced Exhibits & Programs from the National Endowment for the Humanities for our "Prime Time National Reading Project" scheduled for September 25th through October 30th. He stated that it was nice to see the Library mentioned in a national publication. He also thanked the department heads that he has met with so far for orientation. To date, he has met with Library, Police, Finance, Public Works, and the City Attorney. Councilor Bjelland shared information he has gathered recently from being a member of the Mid Willamette Valley Area Commission on Transportation (MW ACT). He stated that annually, approximately $290 million is budgeted within the 2002-2005 STIP (Statewide Transportation Improvement Program) with the majority of the funds going for improvements other than modernization of roadways which is the funding area for the improvement of the 1-5 interchange and Highway 214. Funding for modernization projects total approximately $51 million for the entire State and past experience shows that up to 50% of the money goes for planning, engineering, right-of-way and property acquisitions. A recent study indicated that there is a need for $8 billion to complete all of the modernization projects and the STIP only represents less than 1 % of that total. There is a serious funding shortage for modernization projects which is why the State legislature passed the Oregon Transportation Investment Act of 2001. This legislative action provided $400 million of funds to add to the existing funding for the STIP. At the July 12th MW ACT meeting, an analysis of how the money was to be spent was presented and, as a result, $150 million will be allocated to bridges, $50 million towards highway preservation and load limited highways, and $200 million for increased lane capacity and interchanges on multi-lane highways. Allocation of the $200 million is throughout the different regions of the State and Woodburn's region will receive approximately $69 million which is then further reduced due to a sharing of the funds between various MW ACT's within this region. There will be significant competition for the dollars which will be available over the next 4 years. The legislature has put this program on a fast- track scenario and projects to be funded must be selected by the Oregon Transportation Commission by February 1, 2002. There will be an expedited selection process to identify those projects to be funded. A two step process will be followed: 1) criteria screening process which identifies those projects eligible for funding and, 2) prioritization Page 8 - Council Meeting Minutes, July 23, 2001 COUNCIL MEETING MINUTES JULY 23, 2001 TAPE READING of those projects that meet the screening criteria. At the July meeting, MW ACT began work on developing their recommendations for the prioritization factors that will be used to select from the list of screened projects to be recommended to the Oregon Transportation Commission for funding. MW ACT has recommended that some additional factors be included in the prioritization factors and the 2 factors that he pushed for, which was included in the recommended list, provided that 1) interchanges that serve more than 1 community should have priority, and 2) projects that can show that it improves the economic viability of the local areas should also have priority. Another factor approved by MW ACT would look at improvements that reduce congestion in a downtown area which does affect cities such as Newberg and Dundee. In his opinion, the City will need to do some lobbying within the MW ACT Committee itself since each of the MW ACT Committees will be recommending projects to the Oregon Transportation Commission. On August 9th, the Oregon Transportation Commission will adopt the criteria by which projects will be considered, which includes the prioritization, and the deadline for submitting the required application for a lane capacity and interchange projects is October 5th. To date, the MW ACT Committee has indicated that the Dundee/NewberglHighway 22 is their #1 project with the Woodburn interchange and widening project is ranked #2. Yamhill County has undertaken a fairly extensive effort to lobby the federal legislature to try and obtain some federal funding for the Dundee/NewberglHighway 22 project which will be a long term project since a final design has not been determined. Some interest has been expressed by the MW ACT Committee to spend some of the available funds to help move this project forward. Woodburn needs to look at developing a proposal that would include local funding which will aide Woodburn it getting some share of the funds that will be made available within Region 2. He reiterated that the $4.2 million for the interchange and Hwy 214 improvements is still in the STIP which is a selling point for the City. 3979 Administrator Brown questioned if a current Transportation Systems Plan was one of the criteria to be considered. Councilor Bjelland stated that the criteria does address Transportation Systems Plans and he is unsure if the City's existing Transportation System plan will satisfy that particular criteria. He suggested that the City work closely with ODOT staff on this issue. Additionally, letters of support and/or recommendations from other cities such as Mt. Angel, Silverton, and St. Paul would be beneficial in trying to secure funding for this improvement. 4227 In regards to the Flower Basket Program, Councilor Bjelland stated that not all of the money that had been pledged has been received and there is concern as to whether or not sufficient funds will be available to continue with the watering program. Final invoices are being sent to those who made pledges earlier in the year. Donations are still being accepted by the Livability Committee for this on-going program. Page 9 - Council Meeting Minutes, July 23, 2001 COUNCIL MEETING MINUTES JULY 23, 2001 TAPE READING 4320 Councilor Chadwick stated that she had attended the recent Music in the Park performance which generated a large attendance. She hoped that this weekly event will continue to draw the large crowds at Library Park. Mayor Jennings stated that he had also attended the performances and reminded the public that Country music artist Joni Harms will be performing on July 24th. Mayor Jennings reminded the Council that this year's League of Oregon Cities convention will be held in Eugene and some rooms have been set aside for the Councilors who wish to attend. He requested that the Councilors who plan on attending contact the Administrator's office so reservations can be made within the next two weeks. 4470 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn into executive session under the authority of ORS 192.660 (1)(f) and ORS 192.660 (1)(h). MCCALLUMlNICHOLS... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The meeting adjourned to executive session at 8: 10 p.m. and reconvened at 8:28 p.m.. 4505 Mayor Jennings stated that no decisions were made in the executive session nor are any required to be made in the open session. 4535 ADJOURNMENT. NICHOLSIMCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:29 p.m.. ~~ APPROVED ..L.... -~ RI ARnJENN GS,~ ATIEST fY/'::{t; ~ Mary Te ant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, July 23,2001