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Minutes - 08/12/2002 COUNCIL MEETING MINUTES AUGUST 12,2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 12,2002. 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 Director Tiwari, Public Works Manager Rohman, Acting Police Chief Null, Community Development Director Mulder, Park Director Westrick, Community Relations Officer Meza, City Recorder Tennant 0043 ANNOUNCEMENTS. A) Public Hearing: A public hearing will be held before the City Council on Monday, August 26, 2002, 7:00 p.m., regarding the Woodburn Crest Mobile Home Park converSlOn. B) 2002 Woodburn Sports Festival will be held August 16th - August 18th featuring the 25th Annual Woodburn Tennis Tournament, a co-ed softball tournament, and the 3rd Annual Walt's Run on August 17th. C) Music in the Park: Tuesday, August 13th, 7:00 p.m., at Library Park - Roundhouse (Bluegrass favorites) Tuesday, August 20th, 7:00 pm, at Library Parks - J.T. and the Tourists (Pop and rock and roll) Tuesday, August 27th, 7:00 pm, at Library Park - Maharimbas (Marimba and steel drum band) D) Mayor and Council positions: The filing period for the positions of Mayor and City Council Wards III, IV, and V closes on Tuesday, August 27,2002, at 5:00 p.m.. Application materials are available at the City Recorder's office. Page 1 - Council Meeting Minutes, August 12,2002 COUNCIL MEETING MINUTES AUGUST 12,2002 TAPE READING 0121 PRESENTATION: Certificate of Accomplishment - Woodburn Senior National Baseball Team. Park & Recreation Director Westrick introduced Coach Dan Christensen who led Woodburn's Senior National Baseball Team (13-14 age group) to a Clackamas County league championship, various other baseball tournaments, and runner-up in the State tournament. Dan Christensen stated that the players worked hard this year and they were successful. He stated that the players are all dedicated individuals who are willing to work hard in order to improve their skills. The team that won the State Championship this year also won the State Championship last year but the W oodbum team did play this team earlier in the season and they had only beat Woodburn by 1 run. The team's win-loss record was 26-3. He envisioned a great future for the high school program ifthese players continue to be dedicated to this sport. He introduced Team Manager George Bonner and Coach Jon Wolfer. He proceeded to introduce the following players and provided a brief summary of the positions played and batting skills: Brandon Perkett, Arnulfo Marino, AJ Christensen, Austen Wolfer, Victor Tenorio, Sesar Hernandez, Justin Maravioff, Travis Runyon, Nick Bonner, Skylar Attaway, Daniel Avgi, and Fernando Elias. Coach Christensen thanked the City for their support of the youth baseball programs, and for their continued support in funding playing field improvements at Centennial Park. He also thanked the parents for their support over the years. Mayor Jennings congratulated the team and coaches for their accomplishments during this baseball season. He read the Certificate of Accomplishment which was presented to the Senior National Baseball team. 0907 CHAMBER OF COMMERCE REPORT. Pete McCallum, representing the Chamber, distributed a copy ofthe Chamber's monthly statistical report to the Council. He stated that the Chamber will be hosting a Chamber Forum on August 20th, 12:00 noon, at Woodburn Crossing with the guest speaker being US Representative Darlene Hooley. He encouraged interested citizens to attend this forum. 1016 LETTER FROM TERRY WILL: Tree Preservation Issue. Councilor Sifuentez stated that she had received the letter, dated August 6th, from Terry Will. Copies of the letter were distributed to the Council as an informational item, and to the City Administrator who will be working on a draft ordinance on this issue. The Mayor stated that he wanted this letter entered into the record. 1081 CONSENT AGENDA. A) approve the City Council regular and executive session minutes of July 22, 2002; B) accept the Planning Commission minutes of June 27, 2002 and July 11,2002; Page 2 - Council Meeting Minutes, August 12, 2002 COUNCIL MEETING MINUTES AUGUST 12, 2002 TAPE READING C) receive the Building Activity Report for the month of July 2002; D) receive the Planning Project Tracking Sheet dated August 1, 2002; E) approve the Claims for the month of June 2002; F) receive the Police Department Activities report for June 2002; and G) receive the Community Center Planning Committee update. FIGLEY/SIFUENTEZ... adopt the consent agenda as presented. The motion passed unanimously. 1101 LIOUORLICENSE APPLICATION: SAFEWAY STORE #1976.1550 N. Pacific Hiehway. Staff recommended the approval ofa Off-Premise Sales liquor license to Safeway, Inc. for their new outlet located at 1550 N. Pacific Highway. FIGLEYIMCCALLUM... approve an Off-Premise Sales liquor license for Safeway, Inc. at its new location of 1550 N. Pacific Highway. The motion passed 5-1 with Councilor Nichols voting nay. 1131 CONTRACT AWARD: WEST LINCOLN STORM DRAIN AND HA YESIHALL STORM DRAIN. Bids for the two storm drain improvements (project #2001-047-29) were received from the following contractors: Valley Pacific, $303,753.50; Warren Contractors, $341,602.00; Dirt, Inc. $343,114.00; Ken Leahy, $347,144.00; Dunn Construction, $348,896.50; Emery & Sons, $364,901.00; Gelco Construction, $409,486.00; Clackamas Construction, $421,594.00; Kerr Construction, $424,370.00; Canby Excavating, $489,848.00; and Banzer Construction, $571,318.00. The engineer's cost estimate for this project was $337,891.00. FIGLEYINICHOLS... award the contract for West Lincoln and HayeslHall Storm Drain Improvements to the lowest responsible bidder, Valley Pacific Construction, Inc., in the amount of$303,753.50. Mayor Jennings questioned ifthe storm drain improvement is the first stage in getting West Lincoln Street paved. Public Works Tiwari stated that this improvement is necessary before the street can be paved. The motion passed unanimously. 1182 BID AWARD: MUNICIPAL WELL CONSTRUCTION. Bids were received from the following contractors: Jensen Drilling Company, $317,650.00; Schneider Equipment, Inc., $398,392.00; and Geo- Tech Explorations, Inc., $443,528.00. FIGLEYINICHOLS.... award the bid for municipal well construction for two water wells to Jensen Drilling Company in the amount of $317,650.00, with construction ofthe Page 3 - Council Meeting Minutes, August 12,2002 COUNCIL MEETING MINUTES AUGUST 12, 2002 TAPE READING second well being contingent upon ability to have suitable property available for commencement of drilling within 60 days after the completion of the first well. Public Works Director Tiwari stated that the first water well will be drilled in property owned by the City adjacent to Centennial Park, however, the second location has not been determined as of this date. The motion passed unanimously. 1267 REJECTION OF BOONES FERRY ROAD STREET IMPROVEMENT BID PROTEST. FIGLEYIBJELLAND... reject the bid protest filed on the project, declare that Wayne Jeskey Construction is the lowest responsible bidder, and adopt the attached findings prepared by the City Attorney (refer to memo dated August 7, 2002 included in the agenda packet). City Attorney Shields that the parties were noticed and, prior to taking any formal action, he suggested that the Council take any testimony from the parties if they are present at this meeting. He stated that under state law and Council rules, a bid protest requires that people are allowed the opportunity to address the issue before final action is taken. No one was present at the meeting to comment on the issue. Councilor McCallum stated that he had previously declared a conflict of interest on the Boones Ferry Road improvement project and, since this is a bid protest on the work that would be done within the improvement district, he maintained his declaration of a conflict of interest. He stated that once Council actions are taken that are outside of the improvement district, he will resume his ability to discuss and vote on issues. On roll call vote, the motion passed 5-0 with Councilor McCallum not voting due to his conflict of interest declaration. 1422 CONTRACT AWARD: BOONES FERRY ROAD STREET IMPROVEMENTS. Bids for the installation of electrical undergrounding, and sidewalk/curb from the School property to Vanderbeck Lane, and construction of a water main loop north of Vanderbeck Lane were received from the following contractors: Wayne Jeskey Construction, $920,412.60; Capital Concrete Const. Co, $962,263.92; Morse Bros, Inc., $981,168.25; North Santiam Paving Co., $1,040,605.20; Parker Northwest Paving, $1,126,990.65; C.V.S. Contracting Inc, $1,146,947.20; D & D Paving, $1,136,849.82; and Salem Road & Driveway, $1,244,647.01. FIGLEYINICHOLS.... award the construction contract to the lowest responsible bidder, Wayne Jeskey Construction, in the amount of$920,412.60 for the Boones Ferry Road street improvement but require phased construction per the schedule in the document which is part the Council package. Public Works Director Tiwari stated that the Council has previously expressed their desire to have a walkway on the west side of Boones Ferry Road and this project will Page 4 - Council Meeting Minutes, August 12,2002 COUNCIL MEETING MINUTES AUGUST 12, 2002 TAPE READING carryout the wishes of the Council. He stated that this project is part of the overall LID project so there will be some costs charged to the local improvement district unless the Courts decide something different. Administrator Brown stated that this work will be completed and, if necessary, the City will be using the entire City share of the LID allocation on this project if the some other action is taken by the court. On roll call vote, the motion passed 5-0 with Councilor McCallum not voting on the motion due to his conflict of interest declaration. 1559 PLANNING COMMISSION ACTIONS. A) Planning Commission approval of a Planned Unit Development 02-01, Conditional Use 02-02, and Variance 02-02: Modification ofthe Miller Farm Planned United Development. B) Community Development Director's approval of Site Plan Review Case No. SPR 01-14: Remodel of the Woodburn Shell Station. No action was taken by the Council on either of these items. 1616 MAYOR AND COUNCIL REPORTS. Mayor Jennings thanked all of the participants in the Mayor's Cup Golf Tournament last Friday which was another huge success. He also thanked the corporate sponsors of Woodburn Company Stores, Big Three Auto Dealers, Silverton Hospital, and Tukwila Center for Health and Medicine. He suggested that this tournament be a Woodburn signature event and the committee members have expressed a willingness to continue their work in organizing next year's tournament. Additionally, he encouraged the Councilors and the public to participate in the 3rd Annual Wait's Run on Saturday, August 17th, beginning around 8:00 am. It is anticipated that Walt Lawson will be in attendance to start the event. Councilor Figley wished Administrator Brown a "Happy Birthday" a few days early. Councilor McCallum congratulated the staff and organizers ofthe Berry Festival for their work on this project and he hoped that this will become an annual event for our community. Additionally, he had visited a number of neighborhoods on Tuesday, August 6t\ as part of National Night Out and he appreciated the Police Department's distribution of educational materials on the noise ordinance and crime prevention. In regards to the Fiesta Parade, his observation was that the crowds seem to be getting larger and he is looking forward to next year's event. Councilor McCallum reported that he had attended an open meeting with the County Commissioners and their staff on July 25, 2002 regarding the construction of a Juvenile Detention Center. The meeting was held in Woodburn with about 24 hours notice and he, Page 5 - Council Meeting Minutes, August 12,2002 COUNCIL MEETING MINUTES AUGUST 12, 2002 TAPE READING along with Mr. Gervais from the Woodburn Independent, were the only ones attending this meeting other than County representatives. He gave the group a number of items of input and reminded them of the Council's letter which listed concerns regarding implementation and future operations. A week following this meeting, on a 2-1 vote, the Commissioners decided to build this multi-million dollar facility in Salem without a vote of the people and they will use federal funds and County levy dollars to pay for the facility construction. Even though he still has concerns on this issue, there is nothing more that can be done by the City. Councilor McCallum questioned when the Council would be receiving the Community Center bond proposal for consideration. Administrator Brown stated that the next agenda packet will include a bond issue proposal for Council consideration. Mayor Jennings stated that he and his wife did receive a hot air balloon ride during the Berry F esti val. Councilor Bjelland felt that the Berry Festival was an extremely well prepared operation and hopefully more people will be in attendance at next year's event. There was plenty of good music and excellent food and, in his opinion, this event has the potential for an excellent event for the City. Councilor Bjelland also questioned the status of the temporary structures for Taco and Coffee stands within the City. Administrator Brown stated that the City had provided a courtesy notice to owners/operators at the beginning of July 2002 to let them know that they were no longer allowed to operate where they had been due to changes in the City's Development Code. Under the new Code, these operations are still allowed in areas zoned Industrial. This courtesy letter gave operators an opportunity to make other arrangements, however, now that August d, the City is in the process of providing due process and civil abatement on each of those owners/operators who have chosen not honor the City's request to either move their operation or to close. There appears to be 3 facilities still operating and subject to the abatement process. A fourth operation is located adjacent to the Shell Station and they will be moving their operation into the building. This operation will be allowed to continue to operate in the temporary structure with the understanding that it will be a very temporary situation and they have made the effort to find room inside a permanent structure to operate their business. In regards to the mobile food unit which is located just across from the south driveway of Roth's, the property is located outside of the city limits and the Development Code does not apply. Councilor McCallum questioned if abandoned structures are under the same time frame for removal. Administrator Brown stated that staff is taking this issue one step at a time and they are dealing with active businesses at this time. Once this has been accomplished, staff will be addressing the abandoned structure issue. Page 6 - Council Meeting Minutes, August 12, 2002 COUNCIL MEETING MINUTES AUGUST 12, 2002 TAPE READING Councilor Sifuentez thanked all of the individuals that are involved in the National Night Out. In her visits at various neighborhoods, she found that it was an excellent opportunity for the City to build a better understanding with citizens of what the community has to offer. Councilor Chadwick stated that she also attended and enjoyed the Berry Festival. 2738 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn to executive session under the authority ofORS 192.660(1)(h), ORS 192.660(1)(f), ORS 192.660(1)(d), and ORS 192.660(1)(i). Attorney Shields stated for the record that the Council would be adjourning into executive session on issues pertaining to litigation, negotiations, and performance evaluation of the City Attorney. He declared that he has a conflict in terms of his ability to provide legal advice in terms of evaluating his performance. Additionally, he has a right to an open hearing under the state statute, however, he is waiving his right for an open hearing. FIGLEY INICHOLS....adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:46 pm and reconvened at 9:25 p.m.. 2835 Mayor Jennings stated that no decision was made in executive session. Administrator Brown stated that he will be out of town on vacation from September 3 - 14,2002. He will be designating individuals in charge of various city operations at the next meeting. Councilor Sifuentez questioned the status of the Association (Salud) building on Front Street. Administrator Brown stated that the contractor has been doing quite a bit of work lately and the City is getting ready to hire an architect to work on the bid specification for the facade work. Mayor Jennings questioned the status of the Skate Park. Administrator Brown stated that it is his understanding that the City will soon be going out to bid on this project and, assuming that the money comes through, it will be started by this fall. FIGLEYINICHOLS....authorize a 7% salary increase to the City Attorney effective August 1, 2002 with the allocation of the increase between salary and benefits to be determined by the City Attorney with Personnel staff, and allow the establishment of a 401(a) plan. The motion passed unanimously. Page 7 - Council Meeting Minutes, August 12, 2002 COUNCIL MEETING MINUTES AUGUST 12, 2002 TAPE READING 3124 ADJOURNMENT. FIGLEyIMCCALLUM.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:30 p.m.. APPROVED~,",~ RI ARD JENN OS, A YOR ATTEST fY/~ ~~ Mary Te t, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, August 12, 2002