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Minutes - 03/11/2002 COUNCIL MEETING MINUTES MARCH 11, 2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 11,2002. 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 Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Null, Community Development Director Mulder, Finance Director Gillespie, Park & Recreation Director Westrick, Public Works Manager Rohman, Asst. City Engineer Torgeson, City Recorder Tennant 0046 Mayor Jennings announced that Councilor Nichols was celebrating his 70th birthday today. 0131 ANNOUNCEMENTS. A) The Mayor reminded the public that ballots for the Special City Election regarding the Urban Renewal project must be dropped off in the ballot box at City Hall or the Marion County Elections office by 8:00 p.m. on Tuesday, March 12th. City Hall will remain open on Tuesday until 8:00 p.m. in order to give voters an opportunity to vote on this issue. B) Public Hearing: Mayor Jennings stated that he will be requesting the Council to continue the Woodburn Development Ordinance public hearing until March 25,2002, 7:00 p.m., so that all Councilors will be present at that meeting for this hearing. C) Library Board Meeting for March 2002 has been moved to Wednesday, March 20, 2002, 12:00 noon in the City Hall Council Chambers. D) Woodburn City Clean-Up Date: United Disposal Service has announced that they will be holding their annual Yard Debris/W ood and Scrap Metal! Appliance clean-up on April 20, 2002 from 7:00 am to 4:00 pm. The United Disposal (Woodburn) facility will be accepting these materials from residents of Woodburn, Gervais, Hubbard, Aurora, and Scotts Mills with the only charge to be assessed are on those appliances that are brought in that contain freon. The Mayor encouraged local residents to take advantage of this offer. E) Election Filing Period for Mayor and Councilors: The election filing period for Mayor, Councilor Ward III, Councilor Ward IV, and Councilor Ward V is now open and Page 1 - Council Meeting Minutes, March 11, 2002 COUNCIL MEETING MINUTES MARCH 11, 2002 TAPE READING nomination petitions will be accepted until Tuesday, August 27,2002 at 5:00 p.m.. 0197 PRESENTATION: HIGHWAY 214 SIDEWALK IN THE VICINITY OF WOODBURN HIGH SCHOOL. Assistant City Engineer Torgeson stated that there are still a couple of items that need to be decided on before the project commences, however, the project schedule is in place and the intent is to construct the sidewalk this summer. He stated that, on the north side of Highway 214, the sidewalk will extend from the existing sidewalk near Meridian Drive east to the existing sidewalk plus a sidewalk up the ramp to North Front Street. On the south side of Highway 214, the sidewalk will extend from the existing sidewalk near Nuevo Amanceer east to the existing sidewalk near Park Avenue. Additionally, a sidewalk will be constructed from N. Front Street down the slope to connect with the sidewalk on the south side of Highway 214. He stated that this project involved wetland issues and sidewalk placement has been adjusted to meet the conditions established by the Corps of Engineers. The sidewalk will be placed within the right-of-way and it will include a 6' planter strip in areas where sufficient area is available. The Oregon Dept. Of Transportation (ODOT) is requiring curbs for drainage purposes. When the cost estimates were originally calculated, curbs were not figured into this amount, therefore, final construction costs will be higher. The project also requires a considerable amount of retaining wall in order to match the elevation of the roadway. The wall height will range from 2.5 feet to 4 feet and will require some type of fencing or railing to protect pedestrians. Staff is still working with ODOT on determining whether or not wall height in areas ofless than 2.5 feet should be fenced or railed. He stated that there is a substantial difference in price between the use of a 4 foot high chain link fence and welded tube steel rails and a determination has not been made as of this date as to what type of fencing material will be used. It was noted that the sidewalk was placed on the outer edge of the right-of-way in order to provide for future widening of Highway 214 to a 4-lane roadway. He reviewed the schedule which would provide for completed plans by April 22nd, bids for this project would be solicited around May 15th, and bid award is scheduled for June 10th. It is anticipated that the project will take 60 -75 days to complete which will be close to the start of the new school year. If the school year begins before the project is completed, the contractors work schedule will be adjusted to accommodate the times in which students are coming to and leaving school. Councilor Bjelland questioned if the curbs would be located on both sides of the road and if they were being placed adjacent to the sidewalk area. Asst. Engineer Torgeson stated that the curbs will parallel the roadway at a distance of25 or 26 feet from the centerline. He stated that some of the curbs would not be needed for drainage or safety and staff may be discussing with ODOT the placement of curbs on certain portions of the roadway that have no particular need for drainage or safety reasons. In regards to financing this project, ODOT is contributing $200,000 with the Page 2 - Council Meeting Minutes, March 11, 2002 COUNCIL MEETING MINUTES MARCH 11, 2002 TAPE READING City and School District paying for the balance of costs. 1390 PRESENTATION: DONATION TO A.W.A.R.E FOOD BANK. Gary Lawhead, Superindent of MacLaren School, thanked Councilor Elida Sifeuentez (Volunteer Coordinator at MacLaren and the food drive coordinator) for all of her efforts in coordinating this month long event. He stated that MacLaren has been a part of this community for a very long time and this is an opportunity for them to give back something to the community. The total contribution of food amounted to 19,895 lbs. Nancy Stone, Director of the AW.AR.E. Food Bank, thanked Elida Sifuentez for her coordination efforts. The dollar amount raised was $3,235 which purchased a majority of the 19,895 lbs offood. She also mentioned that, along with the Governor's Food Drive, they have been working on the Mayor's Food Drive which is called "Heart to Heart" and they have collected over $700 to date. The Woodburn School District has been very helpful this year in raising funds for the Mayor's Food Drive and she expressed her appreciation to Jeannine Hahn for her work in coordinating the School District's participation. She stated that the AW.AR.E. Food Bank has 35 volunteers and that they provide food for over 500 families. Councilor Sifuentez expressed her appreciation to the community for the assistance she was given in making this Food Drive a success. Mrs. Stone stated that $1.00 will purchase 6lbs. of food for the Food Bank. 1717 CHAMBER OF COMMERCE REPORT. Patrick Vance, Chamber Vice-President, stated that the Leadership Youth Program consists of a very impressive group of young people and those individuals involved in coordinating this program should be commended. He stated that next week's topic for the Leadership program is "Politics" and the group will be meeting with Senator Courtney, Commissioner Patti Milne, and candidate Anthony Veliz to learn about the political process and how representative government works. He also thanked those involved in organizing the Distinguished Service Awards dinner which was held on March 1 st. This dinner was a success and it not only recognized individuals for their work but reflected the community support. In regards to the Visitor's Center, it is now open on Saturdays and a person has been hired part-time to help with keeping the center open more days each week. The Chamber is also recruiting for volunteers to become greeters at the Chamber office. Upcoming events include: 1) Business After Hours will be held on March 14th from 4:30 pm to 6:00 pm at the Colonial Gardens Residential Living, 1890 Newberg Highway; and 2) Chamber Forum will be held on March 20th, 12:00 noon in the Rose Room at Woodburn Crossing, with guest speaker being Deb Giard from Chemeketa Community College who will speak on the topic of "Business Survival Resources in Difficult Times". Page 3 - Council Meeting Minutes, March 11, 2002 COUNCIL MEETING MINUTES MARCH 11, 2002 TAPE READING 1959 LETTER FROM MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS (COG). Mayor Jennings stated that the letter informed the City that, since the City is not a current member of COG, they would be extending an invitation to the next most populous seat in Marion County to fill a vacant Board of Director's seat. 1990 LETTER FROM PORTLAND GENERAL ELECTRIC. The Mayor also stated that a letter from PGE regarding the Enron Bankruptcy issue was included in the agenda packet for the Council's information. Administrator Brown stated that he gets letters from PGE periodically and he felt that this letter was a more wide-spread public interest letter that should be shared with the Council. 2035 CONSENT AGENDA. A) approve the Council workshop minutes of February 4,2002 and the Council regular meeting minutes of February 25,2002; B) accept the Planning Commission minutes of February 13, 2002; C) accept the Community Center Planning Commission minutes of February 21,2002; D) receive the Planning Project Tracking Sheet dated March 4,2002; E) receive the Building Activity report for February 2002; and F) approve the claims for February 2002. NICHOLS/SIFUENTEZ... adopt the Consent agenda as presented. Councilor Bjelland commented on the Building Activity report in that the total building permit activity in February 2002 was just under $12 million which is more than the building activity in the fiscal year 2000-01. Mayor Jennings also commented on how the City's building activity continues to move forward even though there has been a downturn in the economy. The motion passed unanimously. 2147 PUBLIC HEARING: WOODBURN DEVELOPMENT ORDINANCE. Mayor Jennings declared the public hearing open at 7:36 p.m.. He requested that the Council continue the hearing to March 25, 2002 since Councilor Figley is absent and this is an important issue in which a full Council should be present. Additionally, he has appointed a Council committee consisting of Councilor Figley and Councilor Bjelland to look at the recommendations of the Planning Commission. He suggested if the Councilors had any questions regarding the proposed ordinance, they direct those questions to the committee in order to get answers before the committee reports back to the Council at the public hearing. The Mayor stated that when testimony is taken from the public on March 25th, he will be limiting the testimony to 5 minutes. Community Development Director Mulder stated that there was a letter submitted on this issue today and questioned if it should be entered into the record at this time.. Page 4 - Council Meeting Minutes, March 11, 2002 COUNCIL MEETING MINUTES MARCH 11, 2002 TAPE READING Mayor Jennings stated that he was aware of the letter, however, he did not want it entered into the Council record until the next meeting at which time all oral and written testimony would be included in the record. NICHOLS/SIFUENTEZ... continue the public hearing until March 25,2002 at 7:00 pm. The motion passed unanimously. 2378 PUBLIC HEARING: SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2001-02. Mayor Jennings declared the public hearing open at 7:40 p.m.. Finance Director Gillespie stated that the supplemental budget is an accumulation of budget adjustments which were reviewed by the Budget Committee in January. He stated that the largest dollar amount involves the increase in Beginning Fund Balance which, in all funds, totals $2.5 million. Approximately 1/3 of this increase is shown in the Sewer Construction Fund and the City had received the reimbursement from the State in the fiscal year following the year in which the expense was made. In regards to the new financial system, the original proposal was to fund this capital expense with a down payment out of savings and enter into a lease agreement for the balance. However, with the increase in beginning fund balance of the General Fund, staff is proposing that the purchase of the financial system be made this year rather than entering into a lease agreement. The telephone franchise fees due from Qwest have not been received as of this date due to the litigation of a court case in Oregon. The supplemental budget reflects a reduction in the anticipated revenues from $130,000 to $0, however, there was a recent court summary opinion issued that would require Qwest to pay the franchise fees. As a result, Qwest has indicated that they will be appealing the lower court ruling. The proposed budget includes $8,000 for connectivity to the Law Enforcement Data Service (LEDS) prior to July 1, 2002 since the Police Department's connection to the Marion- Salem Data Center will be severed on that date. The City is in the process of getting proposals for our own records management system but until such time as that system is implemented it is necessary to have a connection with LEDS. In regards to Parks proj ects, the Centennial proj ect had a deficit of approximately $210,000 since revenues received in 2000-01 did not meet expenses. Of that amount, approximately $96,000 was received after July 1, 2001 from a State grant for this project. The project was overspent by approximately $115,000, however, there is Parks System Development Charges received in the current year that will offset the expense and this fund will once again be healthy. He also explained that the supplemental budget will also move all of the capital costs out of the Parks SDC fund and place them into the General Capital Improvement Fund (CIP) for the purpose of more clearly reporting Parks SDC fund activity. The proposed budget also provides for an additional contingency expenditure $20,000 in the General CIP fund to complete this phase of the rehabilitation project at 347 N. Front Street, a $4,000 expense for court interpreter which was inadvertently left out of the budget when the Court and Recorder's office budget was split at the beginning of the Page 5 - Council Meeting Minutes, March 11, 2002 COUNCIL MEETING MINUTES MARCH 11, 2002 TAPE READING fiscal year, and the budget expense of $5,700 for a utility vehicle replacement from which insurance funds were received during the latter part of fiscal year 2000-01. Councilor McCallum questioned when the noise ordinance would be brought before the Council for consideration since the supplemental budget does include funds for decibel meters and related training costs. Attorney Shields stated that the Council will see a proposed noise ordinance as early as April 2002. No one in the public spoke either for or against the proposed supplemental budget. Mayor Jennings declared the public hearing closed at 7:52 p.m.. 3262 COUNCIL BILL 2375 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2001-2002. Council Bill 2375 was introduced by Councilor Chadwick. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2375 duly passed with the emergency clause. 3344 COUNCIL BILL 2376 - RESOLUTION ENTERING INTO AN AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR THE SETTLEMIER A VENUE RAILROAD CROSSING. Councilor Chadwick introduced Council Bill 2376. 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 2376 duly passed. 3432 LIQUOR LICENSE APPLICATION: EL CAMPECINO RESTAURANT. 553 N. Front Street. Mayor Jennings questioned how the Police Department will know if the compliance plan is being followed by the applicants. Chief Null stated that he has met with both owners of the restaurant and they did agree to the compliance included in the agenda. The owners understand that this establishment is not to look like a bar and the Police Department can go in and test that compliance plan on occaSIOn. Councilor McCallum questioned if the compliance plan is voluntary on the part of the owners. Chief Null stated that this compliance plan is not voluntary and it is a part of the liquor license. OLCC may adopt all of the compliances or they may adopt a part of the compliances, however, the owners will be required to comply with all of the provisions in the compliance agreement as it relates to the City of Woodburn approval. Councilor McCallum stated that he has expressed concern over the number sites in Page 6 - Council Meeting Minutes, March 11, 2002 COUNCIL MEETING MINUTES MARCH 11, 2002 TAPE READING Woodburn that have liquor licenses, however, if the conditions in the compliance plan are followed, these conditions will go a long way to make a more sociable, livable atmosphere in the downtown area. He also stated that, in the future, he would like to obtain information on how these various licenses are distributed and if certain types of licenses are concentrated in one area rather than throughout the City. Chief Null stated that the Police Department will be monitoring this establishment during the course of the year and the Council will get a report next February on the number of calls for service as part of the renewal process. Councilor McCallum stated that he would like a status report once OLCC has made a decision on which conditions, if not all, they are adopting as part of the license approval. BJELLAND/MCCALLUM... approve a compliance plan as a condition of approval for a liquor license for El Campecino and approve a conditional Limited On-Premise liquor license for El Campecino. The motion passed 4-1 with Councilor Nichols voting nay. 3982 RIGHT-OF-WAY ACCEPTANCE - EVERGREEN ROAD. Staff recommended the acceptance of right-of-way from Capital Development Company in conjunction with the Wal-Mart expansion project. The right-of-way is 74 feet in width and will provide for the extension of Evergreen Road to the proposed south access from Wal-Mart. BJELLAND/SIFUENTEZ... accept the right-of-way being conveyed by the Capital Development Company and as described on Attachment "A" in the agenda packet. The motion passed unanimously. 4025 REJECTION OF BIDS FOR POLE BARN AT THE W ASTEW A TER TREA TMENT PLANT - Bid #22-20. NICHOLS/SIFUENTEZ... reject all bids received on City of Woodburn Bid Number 22- 20 for a pole barn at the Wastewater Treatment Plant. The motion passed unanimously. 4099 CITY ADMINISTRATOR'S REPORT. A) Award of Safe Drinking Water Revolving Loan and Water/Wastewater Financing Loan Program loans for the water treatment and storage project: Administrator Brown stated that the City has accumulated $16.4 million in State loan monies at below market interest rates which will make it more affordable to the City in making the water treatment upgrades over the three years. He stated that this is very good news for the City and the next process will be an agreement with the State to solidify the loans. Mayor Jennings congratulated the staffin securing the low interest loans for this upcoming capital project. Councilor Chadwick questioned the bacteria level in the water. Public Works Manager Rohman stated that the City tests bacteria level monthly (32 Page 7 - Council Meeting Minutes, March 11, 2002 COUNCIL MEETING MINUTES MARCH 11, 2002 TAPE READING samples each month) and there has never been any bacteria from the wells, however, occasionally a positive sample is found in some of the distribution systems. There has never been a dangerous type of bacteria found in any of the water samples. B) Boones Ferry/Settlemier/Highway 214 Intersection Project: Administrator Brown stated that this project was discussed at the last meeting and, as a result, there has been a change in the construction timeline since the report was presented to the Council. Due to the timing of the approval of the intersection, he proposed that a new completion schedule be adopted in order to allow staff time to secure all of the approvals needed to proceed with the project and to take care of issues relating to the configuration of the intersection and potential saving or loss of trees around that intersection. Under the revised schedule, pending approval of property owners in the Local Improvement District (LID), construction of the segment ofBoones Ferry widening from Goose Creek north to Vanderbeck would be completed during this construction season. In the year 2003, other LID's would be formed for the remainder of the project's street improvements, reconfiguration of the intersection which includes saving or removal of trees, and pursual of ODOT funding for a portion of costs to widen the intersection. He reiterated that this project will not be completed until the fall of 2003 since there are still a number of issues that need to be resolved. Mayor Jennings stated that he and Councilor McCallum had looked at the cedar trees on Settlemier Avenue near the intersection and requested staff to look into saving the trees which has delayed submittal of the plans to ODOT. Councilor McCallum stated that he wanted all alternatives looked at before a final decision is made on the design. He stated that livability and trees are very important for our community and, even though we need to protect our environment, it is imperative that we protect our children by making traffic/pedestrian safety improvements. Administrator Brown stated that a certified arborist was hired to look at the trees near the intersection. The arborist has provided a report which states that the trees are approximately 50 years of age or older and the life cycle of that type of tree could be 150- 200 years. Without taking core samples, the arborist felt that the trees look very healthy for the amount of strain that location puts on those trees. Staff is now looking at the cost of right-of-way acquisition on both the east and west sides as well as the time and cost implications of a reconfiguration of the interchange. It is anticipated that an updated report will be provided to the Council within the next two months. Councilor Bjelland stated that removal of those 3 trees will make a dramatic difference to the look of that area and, if at all possible without incurring a significant cost, the City would be well served in saving the trees. There were no objections voiced by the Council on the revised project schedule. C) Brick Give-away Event: Administrator Brown stated that this was a successful event in Page 8 - Council Meeting Minutes, March 11, 2002 COUNCIL MEETING MINUTES MARCH 11, 2002 TAPE READING which over 100 people took advantage of the opportunity to take free bricks from the pile in the parking lot behind the Association Building (347 N. Front St.). It was noted that the bricks were approximately 110 years old and many of them did not survive the dismantling as a whole brick. If anyone is still interested in getting some bricks, they are asked to come to City Hall and complete a waiver document. Over the next few months, the City would like to solicit some photographs and stories as to what the people did with the bricks which would then be compiled into a community piece as historical information. 5192 MAYOR AND COUNCIL REPORTS. Councilor McCallum thanked the individuals who worked on the Urban Renewal Campaign and reminded those who have not voted to turn in their ballots by tomorrow (8:00 p.m.). He stated that it had been an interesting campaign and he hoped that it would turn out to be a plus for Woodburn. He thanked Event Coordinator Kezia Merwin for her work in organizing the brick give- away event and, in his opinion, this event is another showing of what makes Woodburn unique and a pleasure to live in. He also thanked the staff in starting the budget workshop process, and the documents provided to the Committee, along with the presentations, were excellent. Councilor Bjelland stated that he had received a correspondence from one of his constituents regarding the water deposit not being sufficient to cover costs incurred when tenants leave an unpaid water bill that could be up to 90 days in arrears before the landlord is aware of the delinquent bill. He gave the correspondence to staff to look into the issue further to determine if any changes should be made in either the water deposit amount or notification to users when bills are in arrears. Councilor Bjelland reported on the most recent Mid Willamette Area Commission on Transportation (MW ACT) meeting which focused on a 2-year extension of the current Statewide Transportation Improvement Plan (STIP) to 2007. It was noted that there will be approximately $54 million per year in modernization funds available which translates into about $13 million annually for Region 2 which is then split down even further to several Area Commission on Transportation groups within Region 2. MW ACT anticipates receiving approximately $4-5 million annually from these modernization funds. The State is also looking at forming a Development STIP and a Construction STIP that will allow projects to be brought up to the point in time that they will be available for construction. The two STIP's had been discussed in the past but not implemented due to budget constraints. He outlined the process that would be followed if the Development and Construction STIPs are implemented to make the process more efficient on new projects since it takes a significant amount of time once a project is initiated to completion. He reminded the Council that even if there were funds available for a significant redevelopment of the Woodburn 1-5 interchange, it would be a few years Page 9 - Council Meeting Minutes, March 11, 2002 COUNCIL MEETING MINUTES MARCH 11, 2002 TAPE READING construction. The two STIP's had been discussed in the past but not implemented due to budget constraints. He outlined the process that would be followed if the Development and Construction STIPs are implemented to make the process more efficient on new projects since it takes a significant amount oftime once a project is initiated to completion. He reminded the Council that even if there were funds available for a significant redevelopment of the Woodburn 1-5 interchange, it would be a few years before any ground would be broken based on preliminary work that needs to be completed before bids are solicited. MW ACT is looking to see if there can be any additional phasing on the 1-5 interchange project since the City currently has $4.2 million in the current STIP to do some of the environmental assessments and partial improvement for right-turns onto 1-5. Councilor Bjelland stated that ODOT is also pushing for an improvement of Highway 99E from Salem to Aurora because of safety concerns. In the Woodburn area, there has been a number of injury related and fatality accidents on Highway 99E which is why it has become a high priority for ODOT. Councilor Sifuentez thanked all who participated in raising funds for the A.W.A.R.E. Food Bank. She stated that there will be one more event for this fundraiser which will be a luncheon on April 8th that will provide a diverse menu from local restaurants. Councilor Chadwick stated that Councilor Sifuentez is to be congratulated for all of her hard work in coordinating the food drive and in her many other projects that she works on within the community. Councilor Chadwick also stated that in the February 22nd issue of Senior Estates News and Views, there was an excellent article in the paper on Preston and Doris Tack. 6600 Mayor Jennings stated that he was informed by the City Attorney that there was no need for an executive session. 6605 ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:29 p.m.. .~ , APPROVED RICHARD JENN OS, 'A YOR --------. ATTEST r"'\~ 'I~, . _.J:... Mary Te ant, Recorder City of Woodburn, OR Page 10 - Council Meeting Minutes, March 11, 2002 T Jr'lll T