Loading...
Minutes - 09/10/2001 COUNCIL MEETING MINUTES SEPTEMBER 10, 2001 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 10,2001. 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 Absent Present Present Present Present Staff Present: City Administrator Brown, Assistant City Attorney Won, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Null, Parks & Recreation Director Westrick, Public Works Manager Rohman, Management Analyst Smith, Building Official Nelson, City Recorder Tennant Mayor Jennings stated that Councilor Chadwick was out of town on vacation. 0069 ANNOUNCEMENTS. A) Woodburn Aquatic Center is closed for annual maintenance and it is anticipated to be re-opened by September 28,2001 B) Special Council Workshop will be held on Monday, September 17,2001,7:00 p.m., City Hall Council Chambers, regarding City Council ward redistricting C) Woodburn Library Adult Program: On September 13,2001,7:00 p.m., in the Woodburn High School small commons, a program entitled "Proper Ladies" will be performed by Deborah Goss and Anabel Graetz who will be dressed in elegant Victorian costumes and they will sing old favorites to the audience. D) Park Board Vacancy: Mayor Jennings stated that Janet Greenwell has recently moved out of the City and has resigned from the Park Board. He urged citizens interested in being appointed to this position to contact the City Administrator's office for an application form. 0153 Police Chief Null stated that an arson fire at an apartment complex last Friday night had displaced approximately 80 people. The Police Department is assisting these people in collecting usable clothing, bedding, and furniture. The general public is invited to deliver those items to either City Hall or the Woodburn Armory. If items need to be collected, members of the Police Department will pick up the items and deliver them to the Armory. Page 1 - Council Meeting Minutes, September 10, 2001 COUNCIL MEETING MINUTES SEPTEMBER 10, 2001 TAPE READING Mayor Jennings also stated that cash donations are also welcomed and checks should be made out to the American Red Cross in the name of the fire victims. 0267 PROCLAMATIONS: A) WOODBURN FALL CLEAN-UP MONTH 2001: Mayor Jennings read the proclamation declaring the Woodburn Fall Clean-up Month from September 7, 200 I to October 6, 200 I which will culminate in a city-wide clean-up along the major thoroughfares of the City on October 6th. The Livability Task Force continues to organize clean-up programs to make the City more livable and he urged citizens to take pride in the City and participate in this city-wide clean-up effort. B) DISABILITY EMPLOYMENT AWARENESS MONTH: Mayor Jennings read a proclamation declaring October 2001 as Disability Employment Awareness Month in the City and he urged citizens to learn more about the people with disabilities, their strengths, abilities, and programs which are designed to meet their needs. 0430 PRESENTATION: SUMMARIZED OVERVIEW OF W ASTEW ATER PROJECTS. Public Works Director Tiwari stated that the purpose of this presentation is to cover the entire wastewater project which has been worked on by the City over the last several years. In future meetings, brief presentations will be made on the collection system, main treatment plant, and the re-use (also known as poplar tree plantation). He stated that the wastewater project was a major project beginning in 1991-92 and is now just being completed. The project need was well-defined in that the existing treatment plant was reaching the end of its useful life since the plant was in operation for 20 years. New stringent water quality regulations were introduced by Department of Environment Quality (DEQ) which could not be met by the existing plant. Additionally, more capacity was needed for growth within the City. To date, there has been no legal challenges even though some issues had been brought to the Council that needed to be resolved through Council action. Other outcomes as a result of this project include (1) environmental enhancement, (2) funding of the project within the budget in addition to securing low cost financing over the next 20 years, and (3) this project is technically superior and considered to be an example by DEQ and unique in the nation. He stated that the project worked so well for the following reasons: (1) early identification of future problems such as legal, environmental, funding, technical, and time line; (2) sufficient time was devoted towards developing an alternative solutions; (3) teamwork involved between the public, policy makers, staff, consultants, contractors, and the state agencies; (4) a reasonable time was allowed for engineering work; and (5) construction was divided into different manageable contracts to keep the costs within the projected budget. He Page 2 - Council Meeting Minutes, September 10,2001 COUNCIL MEETING MINUTES SEPTEMBER 10, 2001 TAPE READlNG stated that there were changes made between the initial design phase to final construction. The initial plan designed in 1994 involved project costs estimated at $38,354,000 based on 1994 dollars. Many changes were made to the design of the treatment plant, collection system, and plantation, however, the actual cost, including some funds in placed in reserve, is $38,361,736 which is within 0.2% of the original estimate. He stated that the project did meet the defined goals and it will serve a population of 30,000. In the future, the City will convey information to the public through (1) informational flyers and (2) public tours of the facility next summer. He stated that the staff will use the same approach in working on the upcoming water treatment project. He also stated that the City will need to evaluate the re-use system (poplar tree plantation) over the next few years. He reiterated that staff will be making individual presentations at future meetings on the collection system, treatment facility, and re-use system. Mayor Jennings questioned what, if anything, is being done about mandating agencies located upstream from the City to correct their pollution of the stream. Public Works Director stated that this is a political area for DEQ and solutions need to be addressed. Mayor Jennings stated that there is concern expressed by local residents in that the City was required to make changes to their treatment facility and spend $38 million while upstream polluters are not be required to meet regulations at the same time. Director Tiwari stated that some action is being taken through an alternative solution which has more of a greenway kind of approach whereas some other citizens are saying that the greenway approach is not acceptable and the same requirements should be met by all jurisdictions. Councilor Bjelland questioned if the final design will have a capacity 30,000 as provided for initially. Director Tiwari stated that the capacity for the treatment facility will be at least 5% more for the same cost. For the collection system, he was unsure as to how much more than estimated would be available. This project was phased with the first phase being $38 million and the second phase estimated at $11 million. It is anticipated that the second phase of the project will serve 42,000 population with expansion work to begin around 2010. Research will continue in order to obtain the optimal project as the time approaches for the expansion. Councilor McCallum stated that he had recently toured the facility and was very impressed with the project. He stated that the project improves the livability of the community. He also stated that he was impressed with the monetary savings by utilizing existing portions of the previous plant and in looking into future expansion. Mayor Jennings also stated that the City owes a debt of gratitude to the Citizen Committee who worked diligently on this project and did a great job. Page 3 - Council Meeting Minutes, September 10,2001 COUNCIL MEETING MINUTES SEPTEMBER 10, 2001 TAPE READlNG 1745 COMMUNICATIONS: CASCADE PARK RETIREMENT CENTER 20TH ANNIVERSARY OPEN HOUSE. The Council received an invitation to the open house scheduled for Saturday, September 15th, between 2:00 pm and 4:00 pm.. This event will be held at the Center located at 950 N. Cascade Dr. and will include a buffet and entertainment. 1785 CONSENT AGENDA. A) Approval of City Council minutes of August 27, 2001; B) Acceptance of Livability Task Force minutes of July 26, 2001; C) Acceptance of Museum Committee minutes of May 14, 2001; D) Acceptance of Community Center Planning Committee minutes of August 30, 2001; E) Receipt of Planning tracking sheet dated August 14, 2001; F) Receipt of Building Activity Report for August 2001; G) Receipt of Police Department Activity Report for July 2001; H) Receipt of status report on westerly relieving interceptor sewer construction along Highway 214; and I) Receipt of status report on pedestrian improvement project - design of sidewalk along Highway 214. FIGLEYINICHOLS.... adopt the consent agenda as presented. The motion passed unanimously. 1818 TOURISM AND ECONOMIC DEVELOPMENT GRANT GUIDELINES. FIGLEY/SIFUENTEZ... approve the attached guidelines for City of Woodburn tourist and economic grant. Councilor Bjelland questioned if anyone other than the Chamber of Commerce would qualify for meeting these guidelines. Administrator Brown stated that he had been informed today that the Chamber did not even meet these guidelines since he had been too restrictive in limiting non-profits to 501(c)(3). He did not realize that there were 6 categories of non-profits, therefore, he is recommending that the Council change the language to Non-profits. This change will open up the grant program to more than the Chamber of Commerce. He stated that the concern he had in developing this program was to show accountability and the guidelines have been established for the purpose of achieving the Council goals but, as a recipient of the funds, you need staff and, as part of your mission, either economic development or tourism, but also accountability so that the money is used properly. The idea is that whoever receives the funds will use it wisely for the purpose that it is intended to be used for. Councilor Figley stated that the Oregonian Railway Historical Society would be able to apply for grant funds if it had an employee or could adapt themselves if necessary to apply for the grant program. Page 4 - Council Meeting Minutes, September 10, 2001 COUNCIL MEETING MINUTES SEPTEMBER 10, 2001 TAPE READlNG Councilor Bjelland expressed his concern that the program have some level of flexibility that would allow other nonprofit organizations to apply for grant funding. Councilor McCallum stated that under the classification, Woodburn Together could qualify for funds, however, their mission is not tourism or economic development instead it is community promotion. Councilor Bjelland reiterated that his concern is about restricting the number of nonprofit organizations that would have access to the funds. Administrator Brown stated that the program was designed to include eligible applicants for those groups that had either tourism or economic development within their major goals. A concern expressed by the Council is the full-time staff member requirement. He stated that the idea behind this meeting's discussion is to get feedback from the Council before a final decision is made on the guidelines. He stated that he can modify that portion of the guidelines but reminded the Council that there should still be some language in the guidelines that would require a point of contact person and list someone who would be responsible for the grant funds. The Councilors agreed that the guidelines should continue to show accountability and it was noted that there is some protection in the guidelines in that it is a reimbursement program rather than an outright grant. Administrator Brown stated that other areas of protection are a money match requirement and a minimum grant of $2,500. He stated that the guidelines were not meant to limit the recipient to only one organization, however, the guidelines are intended to try and limit the gross number of applying organizations to a manageable level. Councilor Figley stated that she was pleased to see the accountability of funds as a requirement rather than giving out the funds as a donation. Administrator Brown stated that he would be bringing the guidelines back for final approval in a Council Resolution. The motion to approve the guidelines as modified passed unanimously. 2427 AUTHORIZATION TO PURCHASE MOBILE DATA COMPUTER EOUIPMENT UTILIZING EXISTING PUBLIC AGENCY CONTRACT WITH THE CITY OF SALEM. Staff recommended that the City utilize an existing public agency contract with the City of Salem for the purchase of 7 mobile data computers which have been budgeted for within the City's budget for fiscal year 2001-02. FIGLEYINICHOLS... authorize utilizing an existing public agency contract with the City of Salem for the purchase of 7 mobile data computers and modems from DA T A911 for $44,408.25. Councilor Bjelland questioned if these are laptop computers. Chief Null stated that they have a separate CPU system with the screen mounted on the dashboard of the car with a detachable keyboard. Additionally, it is an external modem Page 5 - Council Meeting Minutes, September 10, 2001 COUNCIL MEETING MINUTES SEPTEMBER 10, 2001 TAPE READlNG which allows for the communication outside in the car. This computer is made for vehicles and it resists high heat and cold temperatures. This system is a 3 watt modem that runs off of cell towers and, following a recent test from the phone company, the system had a strong signal in the Woodburn area. Councilor McCallum questioned the ability of the City to upgrade this equipment as technology changes. Chief Null stated that this system is fully upgradeable and this system will be connected to the City's current IS system for replacement in future years. Mayor Jennings stated that this system will reduce the amount of radio traffic which means that the officer can receive information instantaneously rather than waiting for a reply from dispatch. The motion passed unanimously. 2668 LIOUOR LICENSE APPLICATION: OREGON BERRY INN RESTAURANT. 2994 Newbere: Hie:hwav. FIGLEY/SIFUENTEZ... approve an off-premise sales liquor license for Oregon Berry Inn Restaurant. Mayor Jennings questioned the need for a restaurant to sell liquor to be taken off premise. Chief Null stated that this restaurant receives a lot tourists and this license will allow the business owner to sell Oregon wines to travelers. It was noted that this license will allow the business owner to sell wine and/or beer but it is the intent of the business owner to sell only wine. The motion passed 4-1 with Councilor Nichols voting nay. 2790 LIOUOR LICENSE APPLICATION: CHALET RESTAURANT CAFE. 1001 Arnev Road. FIGLEY/SIFUENTEZ... approve a limited on-premise sales and off-premise sales liquor license for Chalet Restaurant. Mayor Jennings questioned if the Chalet Cafe has received approval from Woodburn Company Stores. Chief Null stated that he did not know if approval had been received or if the tenant needed permission, however, the outlet mall has received special liquor licenses in the past and they have served alcohol at the site. It was also noted that several factory outlet malls have wine stores and they do serve alcohol beverages by the drink. Following a brief discussion on this license application, the vote on the motion to approve the license passed 4-1 with Councilor Nichols voting nay. Page 6 - Council Meeting Minutes, September 10, 2001 COUNCIL MEETING MINUTES SEPTEMBER 10, 2001 TAPE READlNG 3006 LIQUOR LICENSE APPLICATION: DON PEPE'S. 450 N. First Street. FIGLEY/SIFUENTEZ.... Council approve a full on-premise sales liquor license for Don Pepe's Restaurant. Councilor Figley stated that she was in support of the application since the applicant, Jose Alvarez, had signed a voluntary compliance plan. Chief Null stated that he had met with Mr. Alvarez, along with his interpreter, and they had reviewed each one of the elements within the plan. The motion passed 4-1 with Nichols voting nay. 3092 CONSIDERATION OF THE MASTER FEE SCHEDULE. Management Analyst Smith stated that there were some typographical errors in the draft schedule and he reviewed the changes with the Council. FlGLEY/SIFUENTEZ... approve the 2001-2002 draft Master Fee Schedule and set September 24,2001 as the date for adoption. The motion passed unanimously. 3395 CITY ADMINISTRATOR'S REPORT. 1) Status of the Salud Building, 349 N. Front St.: Administrator Brown stated that the design drawings for a I-story treatment and a 2-story treatment are completed. Approximately $300,000 has been budgeted towards the improvement of the building and the two sets of drawings were designed in order to give the Council a choice on the type of improvement. The City has put this project out to bid and a pre-bid conference is scheduled for September 20, 200 1. The bid proposals are to be returned by September 27th and contractors are being asked to submit two bids, one for each treatment. Additionally, contractors are being asked to provide plans that include maximum reuse of existing materials or credit to the City for those materials that can be salvaged. If bids received are within the budgeted price range, staff will bring the bids to the Council at the first meeting in October. It is anticipated that the completion date for this project will be in early 2002. 2) Update on Oregon Transportation Investment Act: Public Works Manager stated that the City's application for funds would fall within modernization projects and it is anticipated that the Mid Willamette Area Commission on Transportation (MW ACT) will receive approximately $17 million for appropriation to projects within their area. In regards to project submittal timeline, the City will need to submit an advance copy of our project application to Oregon Department of Transportation (ODOT) by September 21, 2001 which will allow ODOT staff time to review the various applications and make recommendations. The applications will then be submitted to MW ACT on October 4, 2001. The City has until October 5,2001 to get a completed application packet to ODOT Region IT, however, it is anticipated that the application packet sent in on September 21, 2001 will be close to the final product but minor changes will be allowed until October Page 7 - Council Meeting Minutes, September 10,2001 COUNCIL MEETING MINUTES SEPTEMBER 10, 2001 TAPE READlNG 5th. A special meeting will be held by MW ACT on October 18,2001 to finalize their decision on their project priorities. He stated that staff is looking at submitting an application that would include work at the 1-5 interchange and some widening of Highway 214 with estimated costs close to $17 million. Sources of additional City funds that are being considered to meet the leverage of funds criteria established by the State include (1) an existing interchange project in the Statewide Transportation Improvement Plan (STIP) totaling $4.2 million remain for use in the interchange area and widening along Highway 214, (2) Traffic Impact Fees for work on the interchange and Highway 214 widening; and (3) urban renewal funding for widening of Highway 214 from Evergreen Ave. to the east. He stated that these additional funds will help to make the City's project more competitive when reviewed by ODOT staff. Councilor Nichols questioned what impact the petition being circulated to vote on the urban renewal plan will have on this application. Administrator Brown stated that if the petition results in a election, the City will not be able to use potential urban renewal funds as a match. Therefore, the amount of money available for a city match will be less thereby making us less competitive. He expressed concern in that if only a portion of the total project is funded since the City did not have the projected match funds, then ODOT will spend transportation improvement dollars in another jurisdiction. In the event the urban renewal plan is approved by the voters, the City will then have the match funds available but there is no guarantee that the State will then provide the remaining funds to make the widening improvements on Highway 214. He also stated that if the urban renewal plan is placed on the ballot, the City will need to take a much less active role than what has been done up to this point in time. Impartial information can be provided by the City but a political action committee will need to be formed to carry forward with promoting urban renewal. It was noted that the deadline for submitting the signatures is September 13th at 5:00 p.m.. To date, the City Attorney has prepared, and published, the ballot title as required by state law. Councilor Bjelland questioned if the $17 million request covers total project cost or does the matching funds increase the total project cost. Public Works Manager Rohman stated that the total project cost is approximately $22 million. Councilor Bjelland stated that he would not be in attendance at the next Council meeting, however, in his conversation with individuals on MW ACT, he feels that the two projects being considered for funding is Woodburn and NewberglDundee. It is his understanding that NewberglDundee will be submitting a request for the full amount of money. As a strategy, he feels that it would be advantageous to the City to submit a proposal that is for $16.9 million but break it down into phases. MW ACT will be prioritizing projects and submitting their recommendation to Region IT who will then select projects from the 4 Area Commissions on Transportation and make a recommendation on prioritization to the full Oregon Transportation Commission. At the last MW ACT meeting, there was a large Page 8 - Council Meeting Minutes, September 10, 2001 COUNCIL MEETING MINUTES SEPTEMBER 10, 2001 TAPE READlNG number of supporters of the NewberglDundee project who spoke on behalf of the project. He suggested that the City try to do likewise at the October 5th public hearing in order to gain support for the Woodburn project. He stated that there are no matching funds for the NewberglDundee project at this time and supporters are trying to raise funds in an effort to go back to Washington, D.C., to try and get funding for their project. The application for the NewberglDundee project will be for approximately $17 million and it will provide funds for design, environmental impact statements, and some property acquisition. He reiterated that Woodburn needs to be well-represented at the October 5th meeting in order to successfully compete for these funds. This will include attendance by Representatives and Senators from this region, Mayor Jennings, Chamber of Commerce, and any other interested parties that can either attend or submit letters in support of the need to have the interchange and Highway 214 widened to deal with the serious traffic issues that address not only Woodburn but the surrounding communities. He stated that there has been some interest expressed by MW ACT members to distribute funds to more than 1 jurisdiction. The Oregon Transportation Commission is the final arbitrator of projects to be funded and, based on information they have distributed, they would like to have projects in which the public can see results which is what Woodburn's project would provide rather than the NewberglDundee project. 5994 Mayor Jennings stated that there is currently $4.2 million in the STIP to construct the right-turn lane at the interchange. He stated that the City's project will involve construction whereas the NewberglDundee project will not include construction. He suggested that the City's application provide for 2 or 3 phases rather than going in with a $16 million project with no flexibility. Councilor Figley stated that she is already committed to attending the October 5th meeting in order to make a presentation on the East Marion Rail project and she will also lobby on the City's project. Tape 2 0018 MAYOR AND COUNCIL REPORTS. Councilor Bjelland recounted some of the information brought forth by supporters of the NewberglDundee project at the last MW ACT meeting. He reiterated that the Oregon Transportation Commission is looking at funding projects that will see results within the next few years which may be to the City's advantage. If the City's application is broken down into projects, it will give the City some flexibility when it comes to the negotiations that will take place at the October 18th MW ACT meeting when the final recommendation is made by MW ACT to the Oregon Transportation Commission. Councilor Bjelland stated that the Mid Willamette Valley Community Development Partnership will be meeting next week. At this meeting, the prioritization for the use of lottery funds will be developed for the current budget year. Once the list is developed, he will get the information back to the City so that projects can be submitted. Page 9 - Council Meeting Minutes, September 10,2001 COUNCIL MEETING MINUTES SEPTEMBER 10, 2001 TAPE READlNG Councilor Sifuentez requested that the traffic reader board can be placed on Lincoln Street since she has received a number of complaints from residents regarding the increased speed of motorists on this street. Councilor Nichols stated that, after the unfortunate tragedy involving the death of police officers in the Albany area, it makes him appreciate the City's police officers for the work they do, and the citizens within the community should do likewise. Additionally, he congratulated the Fire Department for 100 years of service and they should also be given a "thank you" for a job well done since they also put their lives on the line. Councilor Figley agreed with the comments made by Councilor Nichols. She also thanked the Fire Department for their years of service and, even though there was a lot tragedy last Friday night when so many of our residents lost their possessions and residences as a result of the apartment fire, the Fire Department did a tremendous job and there were no injuries or loss of life. She also stated that the Fire Department did have a nice little parade on Saturday, however, she wished it had been better publicized. Lastly, the East Marion Rail Project has incorporated and organizers are setting up an organizational board meeting on Wednesday. The group will have sub-committees and they are seriously beginning the planning and zoning process in the 4 cities along the rail line and to begin looking for funding. She will be reporting periodically back to the Council on the progress made by the committee along with fundraising activities. Councilor McCallum also congratulated the Fire Department. The open house was very informative and he enjoyed the dinner. He also thanked the Police Department and all emergency service workers who protect the citizens in our community. Additionally, he expressed his appreciation to the Mayor for the Proclamation regarding Woodburn's Clean-up month and specifically the October 6th Clean-up Day. The Livability Task Force is combining with the Tulip Festival Committee to plant tulips on October 6th which will enhance Woodburn during the spring months. Councilor McCallum stated that, in the last agenda packet, a status report from staff indicated that Union Pacific Railroad would be making repairs to the Hardcastle Ave. crossing during the month of September. He informed the citizens that it is the responsibility of Union Pacific to keep the railroad tracks in good repair, however, they are on their own time schedule. City staff and ODOT have been trying to get Union Pacific to move faster in making the repairs since, under law, only the railroad can make repairs to their tracks. Mayor Jennings stated that he, along with Public Works Director Tiwari and Parks & Recreation Director Westrick, had been at the fire scene last Friday night and, if there can be any good that became apparent following the incident, there were 3 or 4 of the very Page 10 - Council Meeting Minutes, September 10, 2001 COUNCIL MEETING MINUTES SEPTEMBER 10, 2001 TAPE READlNG prominent Hispanic members of our community that walked up to him and commented on how, when people work together, things can happen. They were very grateful to the City for their presence and in providing vans for transportation to the Armory. This became an effort in which everybody worked together, both Anglo and Latino, offering assistance to those who were displaced. He was very impressed with the community response and it proved that Woodburn is a City of Unity and people are willing to help. 0606 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn to executive session under the authority of ORS 192.660( 1 )(i) to review and evaluate the performance of the City Administrator. FIGLEY/SIFUENTEZ... adjourn to executive session under ORS 192.660(1)(i). The motion passed unanimously. The meeting adjourned to executive session at 8:40 pm and reconvened at 10:01 p.m.. Mayor Jennings stated that no decisions were made by the Council in executive session. He stated that the evaluation will be continued in two weeks. Mayor Jennings stated that Council President Figley will be fulfilling one of his duties as it relates to an Eagle Scout ceremony since he will be participating as a member of a 4- person panel that will be at the Oregon Assoc. of Nurserymen meeting that day to discuss the impact of the Latino population. He assured the Council that this will be a positive meeting with the association. 0690 ADJOURNMENT. FIGLEYIBJELLAND... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:03 p.m.. APPROVED~ RIC ARD JENNlN S, A YOR ATTEST (Y}~~ M~nt, Recorder City of Woodburn, Oregon Page 11 - Council Meeting Minutes, September 10, 2001