Loading...
Minutes - 08/27/2001 COUNCIL MEETING MINUTES AUGUST 27, 2001 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 27, 2001. CONVENED. The meeting convened at 7:00 p.m. with Council President Figley presiding. 0020 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Absent Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Null, Parks & Recreation Director Westrick, Public Works Manager Rohman, City Recorder Tennant Council President Figley stated that the Mayor was not in attendance at this meeting since he was working at the Oregon State Fair which is something he has done for many years. 0036 ANNOUNCEMENTS. A) Labor Day Holiday Closures: In observance of the Labor Day Holiday on Monday, September 3,2001, the Woodburn Public Library, Aquatic Center, and City Hall will be closed. B) Music in the Park: Upcoming musical event at Library Park: August 28,2001, 7:00 p.m. - Allesandro's Jazz Quartet and the Bill Hughes Band 0104 APPOINTMENT: COMMUNITY CENTER PLANNING COMMITTEE. Mayor Jennings appointed Phil Hand to serve on the Woodburn Community Center Planning Committee. NICHOLS/SIFUENTEZ... approve the appointment of Phil Hand to the Community Center Planning Committee. The motion passed unanimously. 0134 PRESENTATION: SKATE PARK COMMITTEE. Park & Recreation Director Westrick stated that the Skate Park Committee will be looking at a final plan design just prior to the next Park & Recreation Board meeting. A final recommendation will be presented by the Skate Park Committee, along with our Skate Park consultant, to the Recreation & Park Board at their September meeting. At Page 1 - Council Meeting Minutes, August 27,2001 COUNCIL MEETING MINUTES AUGUST 27,2001 TAPE READING this time, the tentative location of the Skate Park will be within Settlemier Park. Evan Thomas, Skate Park Committee Chair, stated that their committee has raised approximately $12,000 over the past few months. He thanked Silverton Hospital, Wal- Mart, MacLaren, and Drums of Fire for their monetary contributions to this project. In addition to the major contributors, several committee members assisted with Drums of Fire set-up and received $300; Debbie Bramlage (Day & Leisure Spa) dontated $120 from haircuts given during the month of April; Eric Hefler donated $30 in lieu of paying Evan Thomas and his brother who assisted him with his moving; and the Fourth of July donation can contained $20. Lastly, Debbie Bramlage organized a raffle with the prize being a new skateboard. The drawing was held just prior to this meeting and the winner of the drawing was Nevin Shook. 0308 CHAMBER OF COMMERCE REPORT. Kristi Olson, representing the Chamber Board, informed the Council of the upcoming Chamber events: 1) Chamber Forum lunch will be held on September 19th, 12:00 noon, at the Woodburn Crossing Conference Center. Guest speaker for this event will be Stan Bunn, State Supt. of Schools. 2) Ch~mber Business Showcase will be held on September 20th at the Woodburn Crossing Conference Center beginning at 12:00 noon and concluding at 6:00 p.m.. She stated that there will be approximately 33 businesses involved in this year's event. 0406 CONSENT AGENDA. 1) Regular and executive session Council minutes of August 13,2001; 2) Planning Commission minutes of July 26, 2001 and August 9,2001; and 3) Hardcastle Railroad Crossing update. NICHOLS/SIFUENTEZ... approve the consent agenda as presented. The motion passed unanimously. 0448 COUNCIL BILL 2338 . ORDINANCE APPROVING AND CONSENTING TO THE TRANSFER AND ASSIGNMENT OF A CABLE TELEVISION FRANCHISE FROM NORTH WILLAMETTE TELECOM (DIRECT LINK) TO WILLAMETTE BROADBAND LLC. Council Bill 2338 was introduced by Councilor Chadwick. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Administrator Brown stated that the staff report is included in the agenda packet which gives background information on the transfer. There are a number of legal requirements that need to be met under federal law and the City is working within a 120-day window on this issue. The request for the transfer was made to the City in May 2001. He stated that the City hired a Cable TV consultant last year for the purpose of doing the analysis Page 2 - Council Meeting Minutes, August 27,2001 COUNCIL MEETING MINUTES AUGUST 27, 2001 TAPE READING work relating to the transfer of the franchise and to assist the City in developing a new franchise agreement. As a condition of this new transfer, there would be a new franchise document negotiated between the City and DirectLink and, to the degree allowed by law, Willamette Broadband. In the report, the consultant states that Willamette Broadband has put together everything that they are required to do under federal law . In looking at the financial capability of the company, it has good financial backing, a good business plan that takes into account the types of things that it should in making this decision, the plant is being purchased for a conservative price, and the company has anticipated the cost of system upgrade. The only question that has been raised is that the company has very limited experience operating as this company. The principals of this company have come together from other places with a lot of experience but this is a relatively new venture. For that reason, staff is recommending that, in the proposed transfer ordinance, a number of conditions have been included that would provide for some level of security such as performance bonds, guarantees of performance, and financial securities to make sure that the City is covered in the unlikely event of a default. The proposed ordinance also has a provision (Section 1, item b) whereby the City is asking for independent unconditional guarantees of franchise performance by all of the principals of Willamette Broadband which does include a number of different partners. He stated that the provision may not be legally allowed and, if it is not allowed, then staff will be back before the Council to discuss this provision. He reiterated that the City is working within a 120-day rule and staff is recommending approval of the ordinance with the understanding that staff may be back to the Council within the next couple weeks asking for a modification to the ordinance. Councilor Bjelland questioned if the negotiation of an extension of the franchise is a separate process from this transfer. Administrator Brown stated that the transfer and extension are separate processes, however, the ordinance does tie the processes together. At this time, the City is within the window for franchise renewal that occurs before the current term expires (October 2002). The City will need to renew a franchise with either the transferee or the transferor. The City has made this transfer conditional upon a successful completion of negotiations with a document that is mutually agreeable to both parties. Councilor Bjelland stated that an interest he has expressed in the past relates to access to broadband capacity that most people in the City do not have and cable is one way in which that type of broadband access can be provided from the internet. He questioned if the new company has indicated if they would bring broadband capabilities to Woodburn residents and, if so, what time frame they are looking at to provide that service. Administrator Brown stated that staff has provided the franchisee with a form of a franchise document that includes the technical requirements that the City would expect to see occur during the franchise period. This document also includes a time frame for system upgrade. Staff has not met with the franchisee to discuss the finer points of the Page 3 - Council Meeting Minutes, August 27,2001 COUNCIL MEETING MINUTES AUGUST 27, 2001 TAPE READING document and actual negotiations will take place within the next 90 days. He reminded the Council that staff did conduct a community ascertainment study, held public workshops, and surveyed the community to accumulate supporting documentation for what is being asked for in the next franchise document. Pete Luscombe, President of Willamette Broadband, stated that there are details to be worked out but he feels that those details can be worked out between the City and his company. He stated that they will be upgrading the system and will, most likely, bring in broadband services and modems since that is what the their business is about and they hope to make it successful. There is not a set timetable as of yet and he would anticipate providing the additional services within the next two years. He reiterated that the details on how many more channels and the type of broadband services are not clear yet but there will be some improvements. On roll call vote for final passage, the bill passed unanimously. Council President Figley declared Council Bill 2338 duly passed with the emergency clause. 1176 COUNCIL BILL 2339 - RESOLUTION ADJUSTING WATER RATES. Council Bill 2339 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. On roll call vote, the bill passed unanimously. Council President Figley declared Council Bill 2339 duly passed. The effective date of this resolution is November 1,2001. 1230 COUNCIL BILL 2340 - RESOLUTION ENTERING INTO AN AGREEMENT WITH THE SALEM AREA TRANSIT DISTRICT KNOWN AS THE "STF 108 AGREEMENT" FOR FISCAL YEAR 2001-02. Councilor Chadwick introduced Council Bill 2340. 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 Figley declared the bill duly passed. 1300 COUNCIL BILL 2341 - RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 20013 WITH THE STATE DEPT. OF TRANSPORTATION FOR OPERATING ASSISTANCE FUNDS DURING FISCAL YEAR 2001-02. Council Bill 2341 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. Council President Figley declared Council Bill 2341 duly passed. Page 4 - Council Meeting Minutes, August 27, 2001 COUNCIL MEETING MINUTES AUGUST 27, 2001 TAPE READING 1357 COUNCIL BILL 2342 - RESOLUTION ENTERING INTO AGREEMENT NO. 20031 WITH STATE DEPARTMENT OF TRANSPORTATION FOR CAPITAL ASSISTANCE FUNDS TOWARDS THE PURCHASE OF A NEW CITY BUS. Council Bill 2342 was introduced by Councilor Chadwick. Recorder Tennant read the bill by title only since there were no objections from the Council. Public Works Manager Rohman stated that the City is the recipient of a $124,904 capital assistance grant from the State towards the purchase of a new City bus. The City's match is approximately 10% which is about one-half of the amount the City would have had to match if federal funds had been received. The cost for the new bus is included in the City budget for the current fiscal year. On roll call vote for final passage, Council Bill 2342 passed unanimously. Council President Figley declared the bill duly passed. 1438 COUNCIL BILL 2343 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH CHEMEKETA COMMUNITY COLLEGE FOR PARTICIPATION IN THE CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE (CCRLS). Council Bill 2343 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. Council President Figley declared Council Bill 2343 duly passed. 1510 AUTHORIZATION TO UTILIZE AN EXISTING PUBLIC AGENCY CONTRACT WITH DOUGLAS COUNTY FOR THE PURCHASE OF A NEW STREET SWEEPER. Staff recommended that the Council authorize the utilization of another public agency's contract as provided for under ORS 279.015. In this case, Douglas County had solicited bids for a vacuum sweeper of the size and equipment features required by the City. Bids from vendors that were submitted to Douglas County were as follows: Ben-Ko-Matic Equipment Co., $147,750.00; and Pacific Equipment Co., $149,402.00. BJELLAND/SIFUENTEZ... authorize an existing contract with Douglas County to purchase a street sweeper offered by Ben-Ko-Matic Equipment Co. for $147,750.00. The motion passed unanimously. 1556 REQUEST FOR SOUND AMPLIFICATION PERMIT AND STREET CLOSURE FOR ALEXANDRA AVE. FROM PARK AVE. TO TIERRA LYNN STREETS FOR VICTORY OUTREACH MINISTRY. A request for a sound amplification permit and street closure was submitted by Suzanne Ybarra on behalf of Victory Outreach Ministry. This event would be held on September 15th from 3:30 pm until 8:00 pm.. Page 5 - Council Meeting Minutes, August 27, 2001 COUNCIL MEETING MINUTES AUGUST 27, 2001 TAPE READING NICHOLS/SIFUENTEZ... approve the request for a sound amplification permit and street closure as recommended by staff. The motion passed unanimously. 1620 REQUEST FOR SOUND AMPLIFICATION PERMIT FOR TEMPLO GETHESEMANI-APOSTOLIC CHURCH OF JESUS CHRIST. A request for a sound amplification permit was submitted by Daniel Nava on behalf of the Templo Gethesemani-Apostolic Church of Jesus Christ. They will be conducting a musical evangelical outreach event on September 22nd between 12:00 noon and 4:00 pm at Library Park. SIFUENTEZlNICHOLS.... grant the request for a sound amplification permit as recommended by staff. The motion passed unanimously. 1661 CITY ADMINISTRATOR'S REPORT. 1) Transportation Funding Application: Public Works Manager Rohman stated that HB 2142 was passed by the legislature which provided $400 million in bonding authority for modernization, pavement preservation, and bridge projects (2001 Oregon Transportation Investment Act). The Oregon Transportation Commission (OTC) has outlined guidelines on how the funds will be apportioned. There will be $200 million for modernization projects of which $68 million has been allocated to Region 2. The projects have to be submitted to Region 2 by October 5th. Prior to that date, the Mid- Willamette Area Commission on Transportation (MW ACT) will have to review the projects, therefore, the City will need to submit its application into ODOT for review who will then submit to MW ACT. Prior to this legislative act, the City's 1-5 interchange project was #2 on the MW ACT list while the #1 project was the NewberglDundee bypass project. In reviewing the eligibility criteria, the City's project fits well within the OTC criteria, however, the City may need to do a little more work on our own Transportation System Plan related to the interchange study work performed by the State and the City's adopted Transportation Plan. In staff's opinion, the NewberglDundee project does not meet all of the eligibility criteria at this time while the City's project does fit within the eligibility criteria and would have a strong chance of being selected by OTC for funding. The City's Urban Renewal Plan has looked at the widening of Highway 214 past the limits of the interchange project (Hwy. 214 at Evergreen east to the Hwy. 214 underpass at Front Street) and staff feels that the leveraging of potentially additional funds would further the project to include more widening of Highway 214. One of the constraining factors as a result of this project is that the State intends to let two separate bond issues and, in their plan, the funds will need to be expended by October 2008. In looking at the environmental process, acquisition of right-of-way, professional engineering and design associated with the interchange project and construction time, it is staff's feeling that the City fits very well into the time criteria and it gives the City some time to potentially line up additional match funding through the Urban Renewal program. Page 6 - Council Meeting Minutes, August 27,2001 COUNCIL MEETING MINUTES AUGUST 27, 2001 TAPE READING 2322 Councilor Bjelland questioned if a decision has been made as to whether or not the City's project will encompass both the interchange project and the widening of Hwy. 214 to Front Street underpass project or just the interchange project. Public Works Manager Rohman stated that the project that has been under discussion at various levels of the State and MW ACT deals only with the interchange, however, extending the project shows fairly significant leveraging of additional money from the Urban Renewal funds which could have a very significant effect since it is a prioritized factor established by OTC. At this time, there has been limited discussion with ODOT on the Hwy. 214 project extension. Councilor Bjelland stated that the $68 million for Region 2 includes 3 other area commissions, therefore, it is anticipated that only 1/4 of the funds will be made available for funding within the Mid Willamette Area Commission on Transportation and there is the potential that each area will only be able to fund 1 project out of the available funds. Councilor Figley questioned that if the City would have a money match available through other sources if the Urban Renewal program is not in place at the time decisions are made by MW ACT and/or OTC. Administrator Brown stated that urban renewal would generate enough money to make this project work, however, the City has been reserving system development charges for the interchange project and widening of Highway 214. He did not feel that a 10% match would be sufficient leverage to complete both projects and the more money available will improve the City's chances to compete for available funds. The concern at this point is to communicate to the State that this is a source of funds available to the City. In his opinion, the City will be a lot less competitive if urban renewal is not a source of funds available for project improvements and it is hoped that the other criteria will carry more weight in getting project approval rather than the leveraging of other funds. Councilor Bjelland stated that, as a member of MW ACT, the prioritized factors are looked at closely and the more the City can show leverage to support the project the greater the chance that the City's project will be selected. Since Woodburn will be one of the larger projects submitted, we may be able to receive $12-$14 million supporting Woodburn's infrastructure and transportation needs. He stated that it is very critical that the Council do everything in its power to give the City the best chance it can in being successful in competing for available transportation funds. 2762 2) City Administrator's Evaluation: Administrator Brown requested that the Council evaluate his performance at the next regular meeting. He also requested that prior to the meeting, the Council review his current employment agreement which expires September 10,2001. Page 7 - Council Meeting Minutes, August 27, 2001 COUNCIL MEETING MINUTES AUGUST 27, 2001 TAPE READING 2852 MA YOR AND COUNCIL REPORTS. Councilor McCallum stated that the Woodburn Fire District will be 100 years old on September 8th and he will be attending the dinner scheduled for that evening. In addition, he encouraged the public to contact the Fire District to obtain a schedule of events that will be occurring the day. Councilor Figley also congratulated the Fire District on this special event and sent her regrets for not being able to attend the dinner since she will be attending a previously scheduled private event. Councilor Sifuentez encouraged the Woodburn community to continue to visit the Saturday Market which will be held through the end of October. This market has a lot to offer such as woodcrafts, plants, and vegetables. The Saturday Market, located in the downtown parking lot (Warzynski Plaza), is open every Saturday from 9:00 am to 3:00 pm. 3007 ADJOURNMENT. NICHOLSIMCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:54 p.m.. APPROVED~ ~ RI HARD JEN GS, A YOR ATTEST f'r\~~~ Mary Tennant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, August 27, 2001