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Minutes - 06/10/2002 COUNCIL MEETING MINUTES JUNE 10,2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 10,2002. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Manager Rohman, Asst. City Engineer Torgeson, Police Chief Russell, Community Development Director Mulder, Finance Director Gillespie, Park Director Westrick, Management Analyst Smith, City Recorder Tennant 0051 ANNOUNCEMENTS. A) Woodburn Public Library will be closed on Friday, June 21,2002 for staff training. B) City Council Workshop with Marion County Growth Management Task Force will be held on Tuesday, June 18,2002, 6:30 p.m., in the City Hall Council Chambers. C) Public Hearing: City Council will hold a public hearing on June 24,2002, 7:00 p.m., in the City Hall Council Chambers regarding Comprehensive Plan Map Amendment #01- 02, Zone Change 01-05, Site Plan Review 01-13, and Partition 01-07 on a parcel ofland located at 847 N. Cascade Drive. Mayor Jennings also encouraged the public to drive by the south side of City Hall and look at the results of an Eagle Scout project which provided a beautiful landscape to City Hall. He stated that Scout Steven Pister had recruited both adult and youth volunteers to help with this project. He also thanked the City Recorder for the hanging baskets around City Hall. 0150 CHAMBER OF COMMERCE REPORT. Jon Wolfer, representing the Chamber Board, provided the following information on upcoming Chamber events: 1) Chamber Forum will be held on June 19,2002, 12:00 noon, at the Woodburn Crossing Conference Center with the guest speaker being State Director of Tourism Todd Davidson who will update the attendees on State Tourism issues and the new emphasis on Page 1 - Council Meeting Minutes, June 10, 2002 COUNCIL MEETING MINUTES JUNE 10,2002 TAPE READING internal tourism. 2) The next Business After Hours will be held in July which will be the annual Chamber at the Drags. This has been a popular event and the Big Three auto dealers will be loaning cars for participants to race. 3) Leadership Youth was a very successful program this year involving only Woodburn high school students. Next year, the Chamber will include youths from Gervais and North Marion in this program. 0257 LETTER FROM WILLAMETTE BROADBAND. Mayor Jennings stated that all customers ofWillamette Broadband will be receiving letters informing them that rates will increase effective July 1, 2002. He stated that increasing cable rates is Willamette Broadband's right under the City's franchise agreement and under federal law. 0300 CONSENT AGENDA. A) Approve Council minutes of May 13, 2002 regular meeting and the special and executive session minutes of May 28,2002; B) Accept the Planning Commission minutes of May 9,2002; C) Receive the Building Activity Report for May 2002; D) Receive the Project Tracking Sheet dated June 3,2002; E) Receive the Police Department Activities report for April 2002; F) Receive the Speed Zone investigation requests; and G) Receive the Real Estate and Land Use Presentation at Oregon State Bar Conference by City Attorney Shields. FIGLEY /NICHOLS... adopt the consent agenda as presented. The motion passed unanimously. 0349 PUBLIC HEARING: CITY OF WOODBURN BUDGET FOR FISCAL YEAR 2002-03. Mayor Jennings declared the public hearing open at 7:08 p.m.. Finance Director Gillespie reviewed the Budget Committee process which was used to develop the proposed budget. The work sessions dealt with 1) a mid-year review of the budget for fiscal year 2001-02 and reviewed the policies to be followed in developing the budget proposal for 2002-03; 2) the second session dealt with the status quo budget and review of the management's accomplishments of the additional funds request from 2001- 02; 3) the third session related to additional funds request for 2002-03 and the Committee reviewed the requests to determine which requests should be included in the proposed budget; and lastly, 4) the Committee reviewed the Capital Improvement Program. Following the work sessions, a public hearing was held on May 14, 2002 at which time Committee reviewed the work that had been done earlier and took public testimony on the Page 2 - Council Meeting Minutes, June 10, 2002 COUNCIL MEETING MINUTES JUNE 10,2002 TAPE READING proposed budget. The Committee had suggested the following changes prior to making their final budget recommendation: 1) the Sewer Construction Fund line item for the viewing platform be reduced to $25,000 and increase the contingency fund by $100,000; and 2) the funding for the sidewalk on Highway 214 come from state sources rather than City revenue sources. An additional change that is proposed would provide for the transfer of$35,000 from the General Fund CIP to the Sewer Construction Fund which would reimburse the Sewer Construction Fund for expenditures already made for the construction of a firing range near the wastewater treatment plant facility. The total recommended budget is for $47,263,521 and the Committee has recommended that the Council levy the permanent tax rate of$6.0534, and to levy $127,800 for bonded debt which is outside of the statutory limitations. Mayor Jennings stated that the City budget also includes the budget for State Revenue Sharing and public testimony will also be taken on the use of those funds. No one in the audience spoke either for or against the proposed budget. FIGLEY /NICHOLS... staff prepare an ordinance to adopt the budget as presented for fiscal year 2002-03. The motion passed unanimously. 0810 COUNCIL BILL 2392 - ORDINANCE RELATING TO THE IMPROVEMENTS OF BOONES FERRY ROAD FROM GOOSE CREEK TO HAZELNUT DRIVE. ADOPTING THE LOCAL IMPROVEMENT DISTRICT. DIRECTING THE CONTRACT AWARD. AND PROVIDING FOR PAYMENT OF COSTS THROUGH ASSESSMENT OF PROPERTIES IN THE LOCAL IMPROVEMENT DISTRICT. Councilor Chadwick introduced Council Bill 2392. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor McCallum declared a conflict of interest since he lives in the proposed local improvement district and would benefit financially from improvements within that local improvement district. He stated that he would not participate in any discussion or vote on this issue. On roll call vote for final passage, the bill passed 5-0. The Mayor questioned if the bill had received unanimous approval since Councilor McCallum did not vote on this issue. Attorney Shields stated that the conflict of interest declaration removes Councilor McCallum as a voting member, therefore, the bill received unanimous approval. Mayor Jennings declared Council Bill 2392 duly passed with the emergency clause. Page 3 - Council Meeting Minutes, June 10, 2002 COUNCIL MEETING MINUTES JUNE 10,2002 TAPE READING 0948 COUNCIL BILL 2393 - RESOLUTION ENTERING INTO GRANT CONTRACT (PROJECT No. C02004) FOR STATE COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE CIPRIANO FERREL EDUCATION CENTER: AND MAKING A DECLARATION OF POLICY REGARDING THE USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT PERSONNEL AS A CONDITION OF GRANT APPROVAL. Council Bill 2393 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. Administrator Brown stated that the Excessive Force policy included in the packet was missing few words on one of the sentences and he had distributed the corrected policy to the Council just prior to this meeting. On roll call vote, the bill passed unanimously. Mayor Jennings declared Council Bill 2393 duly passed. 1064 COUNCIL BILL 2394 - RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES DURING FISCAL YEAR 2002-03. Council Bill 2394 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 2394 duly passed. 1120 CONTRACT AWARD: STREET RESURFACING IMPROVMENTS. Bids were received from the following contractors for the resurfacing of Clackamas Circle, Judy Street, Julie Court, and Hawley Street from Wilson Street to the south: Roy L. Houck, $129,873.15; Parker Northwest Paving, $130,233.10; D & D Paving, $145,027.55; Morse Bros., $147,843.80; North Santiam Paving, $149,652.30; and Salem Road & Driveway, $149,718.50. Staff recommended the acceptance of the low bid which was 12% below the engineer's estimate. FIGLEY/SIFUENTEZ... award the construction contract for bid #22-29 for resurfacing Clackamas Circle, Judy Street, Julie Court, and part of Hawley Street to Roy L. Houck Construction in the amount of$129,873.15. The motion passed unanimously. 1144 BID #22-19 AWARD: PAK-FLAIL MOWER (Wastewater). Bids for a Pak-Flail mower were received from the following vendors: Fischer Mill Supply, $5,489.00; Ernst Hardware, $5,499.00; Lenon Implement, $5,675.00; and Jensen Equipment, $5,844.30. FIGLEY/SIFUENTEZ... award bid #22-19 for a pak-flail mower to Fischer Mill Supply in the amount of$5,489.00. Mayor Jennings stated that it was his understanding that Fischer Mill Supply and Ernst Hardware are now owned by the same people and, with the $10 difference in their bid, he felt that it was unfair that those businesses get two opportunities to sell their product Page 4 - Council Meeting Minutes, June 10, 2002 COUNCIL MEETING MINUTES JUNE 10,2002 TAPE READING whereas the other bidders have only one opportunity. Public Works Manager Rohman stated that he was unaware of those companies being under the same ownership. The City has been purchasing a series of different pieces of equipment for the Poplar Plantation over the last 18 months and Fischer Mill Supply and Ernst Hardware have been participants in these various bid submissions. It was noted that the bids might be for different brand names of equipment even though they may have the same ownership. The motion to accept the low bid passed unanimously. 1300 BID AWARD: OFF-SET FLAIL MOWER (Wastewater). Bids for an off-set flail mower were received from the following vendors: Ernst Hardware, $5,499.00; Lenon Implement, $5,600.00; Fischer Mill Supply, $5,788.00; Corvallis New Holland, $5,825.00; and Jensen Equipment, $5,888.00. FIGLEY/SIFUENTEZ.... award the contract for the purchase of a 98" off-set flail mower to Ernst Hardware in the amount of$5,499.00. The motion passed unanimously. 1347 RENEWAL OF FINANCIAL AUDIT CONTRACT. FIGLEY/SIFUENTEZ.... approve renewal of the audit contract with the firm of Boldt, Carlisle, & Smith, and authorize the Mayor to sign the contract. The motion passed unanimously. 1381 EXTENSION OF LIABILITY COVERAGE FOR THE 4TH OF JULY EVENT. FIGLEY/MCCALLUM... authorize extension of City liability insurance for the July 4th Celebration to be held at the Woodburn High School athletic field. The motion passed unanimously. 1413 GRANT AWARD - JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM. Staff recommended acceptance of this grant which will provide funding towards the continuation of the Woodburn Peer Court. The grant award is for $7,096 and the City's local match will be $788. The grant funds will be turned over to the Marion County Sheriff's Office who will continue to be the fiscal agent for this program and will provide supervision for the Peer Court. FIGLEYINICHOLS... approve receipt and allocation of the Juvenile Accountability Incentive Block Grant funds for the Woodburn Peer Court and authorize the City Administrator to sign the grant agreement. The motion passed unanimously. Page 5 - Council Meeting Minutes, June 10, 2002 COUNCIL MEETING MINUTES JUNE 10,2002 TAPE READING 1443 YARD WASTE DISPOSAL CHARGE REQUEST FROM UNITED DISPOSAL SERVICE. INC. Mayor Jennings stated that United Disposal Service, Inc. has requested an increase of $1.50 per month because the County is withdrawing their support of the subsidy for the yard debris tip fee. He also expressed his opinion that the yard waste program is outstanding and, even with the proposed rate increase, his monthly bill is still less than what he had been paying prior to the yard waste program since he was able to downsize his garbage can size. FIGLEY/MCCALLUM... authorize a rate adjustment for United Disposal Service to include a $1.50 per month yard waste disposal charge. Administrator Brown stated that this proposed rate adjustment was noticed in the newspaper as a public meeting to provide the citizens an opportunity to comment on the proposed rate adjustment. The City's franchise ordinance does not require a public hearing when a rate increase is being considered by the Council, however, it is typical for a Council to make the public aware of the proposal prior to final action being taken. Mayor Jennings inquired as to whether or not anyone in the audience had any comments on this issue. No one in the audience spoke on the proposed adjustment. Councilor Nichols stated that he had received a telephone call from a citizen who questioned why the charge was being imposed when the yard waste was being composted and then sold to other sources. Bob Sigloh, United Disposal Service General Manager, stated that the processing of the material costs more than the end product which is why the tip fee is charged. United Disposal takes the yard debris to a plant in the Aumsville area and the proposed rate adjustment will pay for United Disposal's cost to dump the debris at that location. The transportation fee to get the product to Aumsville was included in the 1998 rates when the program was initiated. He also stated that customers that have a minimal amount of garbage may elect to have on-call garbage service rather than regular weekly service which includes the yard debris container. Currently, the rate structure does not have a monthly rate available that would be for garbage only. The vote on the motion passed unanimously. 1960 RECOMMENDED AMENDMENTS TO THE 2001-02 MASTER FEE SCHEDULE. Administrator Brown stated that the recommended amendments would establish fees within the Planning department that is associated with the new development ordinance which goes into effect July 1, 2002, and provide for a fee increase for Finance Department services relating to on-line property title searches by title companies. He stated that the individual who had addressed the Council at the last meeting had suggested that a site plan review fee be established for small projects and staff has included a fee in the proposed schedule that is the lowest amount that can be levied and still recover costs. Page 6 - Council Meeting Minutes, June 10, 2002 COUNCIL MEETING MINUTES JUNE 10,2002 TAPE READING FIGLEYINICHOLS.... authorize staff to prepare an ordinance to amending the 2001-02 Master Fee Schedule per the attached recommendations. The motion passed unanimously. 2167 MAYOR AND COUNCIL REPORTS. Councilor McCallum reminded the public that the Relay for Life event will be held on June 28 and 29,2002 at Woodburn High School beginning at 6:00 pm and concluding at 12:00 noon. Interested participants are encouraged to contact either himself, Cathy Heisen at Tukwila Center for Health and Medicine or Ronda Judson at the Chamber office. Councilor Bjelland reported that MW ACT had met last Thursday and they had reviewed the projects within the 3 county region designated for potential funding of projects that are determined to be in the development phase. One of the projects on the list was the widening of Highway 214 and MWACT evaluated the projects utilizing 6 criteria and assigned points to each of those criteria. As a result, the widening ofHwy. 214 project was the #2 project while the #1 project was the NewbergIDundee bypass project. The next MW ACT meeting will be held on July 11 th at which time the Area Commission on Transportation will make its final decisions on the list of projects and will select a negotiating team to go to the Region II meeting. It was noted that Region II has been assigned a certain amount of dollars for the 2004-07 STIP process and the negotiating team will try to get dollars allocated to MW ACT projects. He stated that the Woodburn 1-5 interchange project had received the highest score of the construction projects and the widening of Highway 214 received the second highest score on the development projects. He hoped that the City will see some funding to all or a portion of the projects. He stated that he had also asked staff to do an assessment of the amount of funds the City had available for matching funds since he feels that it would be a crucial element in obtaining funds for the interchange project. On July 18th, the 4 Area Commissions on Transportation are meeting to decide upon a joint resolution that will then go to the Oregon Transportation Commission (OTC) since the 4 commissions need to agree as to what their region's projects would be that are submitted to the OTC. Councilor Chadwick stated that her friend visiting from Portland was very impressed with the hanging flower baskets throughout the City. It was noted that there are now 125 baskets. Mayor Jennings announced that the City has received notification from the State Parks Division that the City will be awarded a $93,000 State grant for the Skate Park. It is anticipated that this project will be completed by early November. The Mayor also stated that he had attended the opening of the first Surge soccer game at Legion Park and, based on his discussion with the Surge Director, they are very pleased Page 7 - Council Meeting Minutes, June 10, 2002 COUNCIL MEETING MINUTES JUNE 10, 2002 TAPE READING Legion Park and, based on his discussion with the Surge Director, they are very pleased with the soccer field and the cooperation from the Parks & Recreation Department. Additionally, the Police Department was asked to go into the neighborhood around Legion Park to check the noise level with the decibel meter and it was found that the noise level was below the amount listed in the noise ordinance. Councilor McCallum stated that the Surge had also distributed a letter to residents in the neighborhood to talk about their program and what they hope to accomplish. He felt that this letter was a model to be used by for other organizations who will have activities that will impact a neighborhood. It was also noted that the Surge is keeping involved in the City's community activities and they will be conducting soccer clinics for the youth in our community. 2803 ADJOURNMENT. FIGLEY /NICHOLS.... meeting be adjourned. The motion passed unanimously. The meeting concluded at 7:45 p.m.. APPROVED ATTEST ~ M Te t, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, June 10, 2002 .. ..---.---.-.-----. ..--~_.......------..-~..~..-i...-.-.--~.,...... T