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Minutes - 02/11/2002 COUNCIL MEETING MINUTES FEBRUARY 11, 2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 11,2002. CONVENED. The meeting convened at 7:08 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 Present Present Absent Absent Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Null, Public Works Manager Rohman, Park & Recreation Director Westrick, City Recorder Tennant 0070 ANNOUNCEMENTS. A) In observance of President's Day, City offices and the Public Library will be closed on Monday, February 18, 2002. B) Woodburn Public Library Book Discussion Group: This group will be meeting in the Library Carnegie Room on Monday, February 25,2002, at 10:00 a.m.. 0085 PRESENTATION: INTRODUCTION OF WATER TREATMENT SYSTEM CONSULTANT TEAM. Public Works Manager Rohman stated that one of the goals in the revised 1997 Water Master Plan provided for the removal of iron and manganese from the City's well water and to construct new water storage facilities. The Water Master Plan Committee recommended a preferred alternative concept of 3 treatment plants and increased storage. Following Council review and a public open house on this concept, pilot testing was done to validate the process to make sure that it would remove iron and manganese. In addition, the Committee looked at reducing arsenic levels since impending federal rules would reduce the federal standard to 10 parts per billion which would necessitate the City to take some action since City wells have fairly regularly tested above the 10 parts per billion arsenic level. The federal rules were implemented on October 31, 2001. Another federal regulation now being considered is in the area of radon and the potential of the City having to reduce some of the radon concentration. The City began the process to select a consultant in October 2001 and 3 firms responded to the City's Request for Page 1 - Council Meeting Minutes, February 11, 2002 COUNCIL MEETING MINUTES FEBRUARY 11, 2002 TAPE READING Qualifications. The proposals were reviewed by staff and all 3 consultant teams were interviewed. In December, the firm Kennedy/Jenks Consultants was selected to perform the design and construction engineering since staff felt that they had the best combination of experience and background in iron and manganese removal and storage construction. Over the last 2 months, staff has been negotiating an agreement, scope of work, and terms for that design and construction engineering work, a copy of which is included in the agenda under the general business item for Council consideration. He introduced AI Shewey, Public Works Manager, and Travis Tormanen, Project Manager, who will be the lead team members from Kennedy/Jenks Consultants on this project. AI Shewey provided a history of Kennedy/Jenks which has been in place since the early teen's in San Francisco, has been in Seattle since the 1950's, and more recently in Portland. He stated that few consulting firms have had experience with ground water and over the past years, their firm has worked on 50-60 treatment plants in the northwest. Of the 4 key people working on this project, one individual is a chemical engineer who has been involved with the installation of a majority of those plants. Their firm brings solid expertise in iron and manganese removal and in the stripping of radon, arsenic, and other chemicals from the water. Travis Tormanen stated that they are looking forward to working with City staff on this project. A schedule has been worked out with City staff that meets the intent of the Water Master Plan Committee. He stated that his firm feels that the City has a staff that has a great understanding of the water quality issues associated with a project like this which is very helpful in getting City input to insure that the City gets what they want and that their firm puts out plans and specifications that meet all of the City's needs. Public Works Director stated that the project will move smoothly and that the costs and quality of work will be very good. He also assured the public that the work will be done within the cost frame which has been conveyed to the public during the open houses and at the Council level. The process to be followed will be similar to that of the wastewater project, the locations have been identified and acquired, and everything is moving forward as planned. It is anticipated that the project will be completed in the summer of2005. Councilor Figley questioned if the potassium permanganate process will result in any taste, odor, or residue within the water. Mr. Shewey stated that they will be working on keeping chlorine out of the City's system and safeguards will be put into place that will result in a higher quality of water that does not have an off-taste along with removal of agents that may not be carcinogenic but have taste and odor agents. It was noted that potassium permanganate does not have any taste or odor, however, if there is too much in the water, it will turn the water a pinkish color. There are safeguards in this process that will make sure that there is not a problem with a high amount of potassium permanganate. He reiterated that their firm has installed a large number of plants and their Chemical Engineer brings a lot of background knowledge to this project for the purpose of implementing a reliable system. Page 2 - Council Meeting Minutes, February 11, 2002 COUNCIL MEETING MINUTES FEBRUARY 11, 2002 TAPE READING Mayor Jennings questioned if homeowners who currently use a water softener will need to take out their system once the City's new water treatment system is in place. Director Tiwari suggested that water softeners in the home should be removed once the new system is in place since there is no reason to have bacterial growth in any area where it does not need to be. He reiterated that the new treatment process will reduce arsenic levels in the water which is not currently being removed by a water softener. Councilor Bjelland questioned how long the proposed treatment process has been in existence. Mr. Shewey stated that the basic chemistry of the process and filtration has been around for many years and it is a proven process. Their firm has used aeration as a method of getting rid of a number of different types of contaminants such as radon. New pieces of equipment continue to be developed to better handle chemicals or are better attributes but they will be using demonstrated processes. 1260 PRESENTATION: ENGINEERING REPORT FOR EAST HARDCASTLE A VENUE IMPROVEMENT. Public Works Director Tiwari stated that this is the first in the series of local improvement district (LID) projects that will be presented to the Council for consideration. He briefly reviewed the LID process which includes Council adoption of a Resolution of Intent to make the improvement and a public hearing process giving benefitted property owners an opportunity to express their opinion on the proposed project and allocation of costs to property owners. The East Hardcastle Avenue improvement affects the area from Highway 99E east to the City limits at Cooley Road. The project includes a bike lane, a two-lane roadway with a turn lane, and a sidewalk on the north side. A sidewalk installed on the south side of the roadway was installed last year and costs associated with this improvement are not included in the LID. The estimated cost for this project is $395,820 with the City's cost share being $137,000 and the LID cost share being $258,820. In developing the proposed cost share, the City's portion will cover the cost for the additional widening of the roadway for the bike lane, the turn lane, and an extra thickness of asphalt due to the collector/arterial nature of the street. The property owners share of the cost is proposed to be that of a standard improvements related to a 34-foot wide street without the additions listed above. Within the engineering report, the benefitted property owners are those who need to use E. Hardcastle Avenue as access to their property. The method of assessment for cost distribution is based on a combination of property area (25%) and vehicle trips generated (75%). Property owners who have direct access to E. Hardcastle would pay 100% of their share of costs whereas those property owners who have a choice between using E. Hardcastle or one of the other streets going to the north would pay a reduced amount depending upon the distance their property is from E. Hardcastle Avenue. It was noted that open areas that have the potential of building at least 1 house is treated as if a house is already on that open area. Staff did not assume Page 3 - Council Meeting Minutes, February 11, 2002 COUNCIL MEETING MINUTES FEBRUARY 11, 2002 TAPE READING that an open area would have more than 1 house on that land even though a higher density might be available. If a benefitted property owner uses E. Hardcastle Avenue as the primary access, they would pay 100% value for the improvement whereas those property owners who have a secondary access would pay between 75% value and 12.5% value based on distance away from E. Hardcastle Avenue. In his concluding remarks, he reiterated that city improvements already made by the City are not part of the assessment. Additionally, property owners will be able to pay for their share of the improvement costs over a 10 year period with the interest rate being approximately 6.5%. Construction funding for this project will be accomplished through interfund borrowing followed by the issuance of Bancroft Bonds. 2649 WOODBURN COMMUNITY ACCESS TELEVISION (WCAT) REPORT. Jerry Cotter, WCAT President, stated that WCAT experienced stability in their volunteer base during the year 2001 and they were able to complete the purchasing of and repairs to equipment. Additionally, he complimented the City Administrator for keeping WCAT informed on the status of franchise negotiations with Direct Link and Willamette Broadband, and the Board of Directors were pleased with the outcome of the negotiations. He stated that, in the past, they worked well with Direct Link and, with Willamette Broadband being most of the same people, they look forward to a good relationship with the new franchisee. In the coming year, they will be working to get more citizens to learn how to operate the equipment and produce their own video projects. They plan on doing more community outreach projects and become more visible in the community. WCAT is working with the School District to get more instructors to bring in their classes to produce video projects. As a result of the franchise agreement, they have more space in the cable TV building and they will be constructing a control room. The final project they are beginning to work on is to raise funds for the installation of a weather station which would air when the bulletin board is aired. Councilor McCallum suggested that WCAT add the Chamber Forums to their list of broadcasts. On behalf of Woodburn Together, he expressed his appreciation for the broadcast of the "Modern Threats" forum last year that was viewed by numerous citizens who elected to watch the program from their home rather than coming down to City Hall for the forum. Councilor Figley questioned ifWCAT has looked at breaking up the training sessions to smaller modules in order to get more involvement from interested community members. Mr. Cotter stated that WCAT used to require potential users of the system to go through all modules, however, the present training program involves a 3 hour orientation session and then they can focus on classes that are specific to the work they are interested in whether it be studio work or out in the field. Councilor McCallum questioned if there is any partnership with the high school regarding Page 4 - Council Meeting Minutes, February 11, 2002 COUNCIL MEETING MINUTES FEBRUARY 11, 2002 TAPE READING training and/or use of equipment. Mr. Cotter stated that they are in the process of developing a partnership with their video program. The high school currently utilizes computer editing and they do not have a studio available. The high school has a class that does video projects and WCAT is in communication with their instructor in trying to get them interested in using the WCAT facilities. 3195 PROCLAMA TION : SPAY DAY USA - February 26. 2002. Mayor Jennings declared February 26,2002 as "Spay Day USA" in the City and urged citizens to observe the day by either having their own dogs or cats spayed or neutered or by sponsoring the spaying or neutering of another person's dogs or cats in order to reduce the population of unwanted dogs and cats. 3308 CHAMBER OF COMMERCE REPORT. City Administrator Brown, representing the Chamber Board, provided the following information on upcoming Chamber events: 1) Business After Hours will be held on Thursday, February 14th, at the Cascade Park Retirement Center between the hours of 4: 3 0 pm and 6: 00 pm. 2) Chamber Forum will be held on Wednesday, February 20th, 12:00 noon, in the Rose Room at the Woodburn Crossing Conference Center. Guest speaker for this program will be David Christoff on the topic of Urban Renewal. 3) Distinguished Service Awards dinner will be held on March 1 st beginning at 6:00 pm. The winners of the awards will be announced in the February 20th edition of the Woodburn Independent. This year's dinner will require reservations and the deadline for making reservations is February 22nd. 3464 WOODBURN DOWNTOWN ASSOCIATION (WDA) REPORT. Bruce Thomas, WDA representative, stated that this group is currently working on the downtown lighting project. Jim Ferguson is this year's chairman for the Saturday Market which is a weekly event held during the spring/summer months. Lastly, he reminded the public that the WDA is holding their annual dinner/auction at Lupita's Restaurant on March 16th. 3555 Bruce Thomas stated that he was in favor of the Council adopting Council Bill 2373 which authorizes the submittal of an application for a Land and Water Conservation Fund Grant from the Oregon Parks & Recreation Department for a skate park. He also stated that once the basketball season is finished, the students will focus on fundraising projects for the skate park. 3618 CONSENT AGENDA. Page 5 - Council Meeting Minutes, February 11, 2002 COUNCIL MEETING MINUTES FEBRUARY 11, 2002 TAPE READING A) approve City Council minutes of January 28, 2002; B) accept the Planning Commission minutes of January 10, 2002; C) accept the Community Center Planning Committee minutes of January 24, 2002; D) receive the Planning Project Tracking Sheet dated January 31, 2002; E) receive the Building Activity Report for January 2002; F) receive the Police Department Activities Report for December 2001; G) approve the claims for the month of January 2002; and H) receive, as information, the signed agreement accepting proposed amended conditions for Woodburn Company Stores Phases II and III. FIGLEY /BJELLAND... adopt the consent agenda as presented. The motion passed unanimously. 3659 COUNCIL BILL 2370 - ORDINANCE APPROVING THE MODIFICATION OF TWO CONDITIONS OF APPROVAL IMPOSED PREVIOUSLY BY THE CITY IN SITE PLAN REVIEW #00-18 - Woodburn Company Stores. Council Bill 2370 was introduced by Councilor Chadwick. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2370 duly passed with the emergency clause. 3760 COUNCIL BILL 2371 - RESOLUTION ENTERING INTO AN AGREEMENT WITH KENNEDY/JENKS CONSULTANTS FOR PROFESSIONAL ENGINEERING SERVICES FOR DEVELOPMENT OF A WATER TREATMENT AND STORAGE PROJECT. Councilor Chadwick introduced Council Bill 2371. 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 2371 duly passed. 3828 COUNCIL BILL 2372 - ORDINANCE RATIFYING THE GRANTING OF A CABLE TELEVISION FRANCHISE TO WILLAMETTE BROADBAND. LLC. Councilor Chadwick introduced Council Bill 2372. Recorder Tennant read the two readings of 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 2372 duly passed with the emergency clause. 3910 COUNCIL BILL 2373 - RESOLUTION AUTHORIZING APPLICATION FOR A Page 6 - Council Meeting Minutes, February 11, 2002 COUNCIL MEETING MINUTES FEBRUARY 11, 2002 TAPE READING LAND AND WATER CONSERVATION FUND GRANT FROM THE OREGON PARKS AND RECREATION DEPARTMENT FOR A SKATE PARK. Council Bill 2373 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. Mayor Jennings stated that a revised Council Bill 2373 was distributed to the Council at the start of this meeting which corrects the dollar amount in Section 1 to read $93,750. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2373 duly passed. 4016 APPROVAL OF ENGINEERING REPORT FOR EAST HARDCASTLE AVENUE IMPROVEMENT. FIGLEYIBJELLAND... approve the engineering report for East Hardcastle Avenue improvement as presented and direct staff to prepare a resolution of intent to improve. The motion passed unanimously. 4060 LIQUOR LICENSE APPLICATION: WOODBURN SHELL. 2995 Newberg Hwy. FIGLEYIBJELLAND... approve a Limited Off-Premise Sales liquor license for Woodburn Shell, 2995 Newberg Rd., Woodburn. Discussion was held regarding the increasing number of establishments, including gas stations, that are applying for liquor license applications. Mayor Jennings expressed his concern in that OLCC regulations limit the City's ability to restrict licenses. Councilor Figley expressed her opinion that not allowing this station to have an off- premise liquor license would put them at a competitive disadvantage since there are at least 3 other gas stations in the immediate area that have off-premise liquor licenses. Councilor McCallum stated that there are over 40 sites in Woodburn that sell alcoholic beverages and half of those establishments have off-premise licenses. At that particular location, there are already 3 convenience stores that have off-premise licenses and, even though he understands that the City has limited powers since OLCC regulates liquor licenses, he would like the Council to look closely at the overall issue of off-premise sales and the wide variety of locations that it covers. Mayor Jennings stated that off-premise sales at the grocery stores generally results in the alcohol being taken to a home whereas at a service station with a convenience store, there is the potential for occupants in a motor vehicle to consume the alcoholic beverage while traveling. Both Councilor McCallum and the Mayor stated that they had no statistics to back-up their comments, however, this issue is a concern for them. Councilor McCallum suggested that the Council may want to look at future approvals on a case-by-case basis rather than automatic approval even though other establishments have already been granted a license. Councilor Bjelland questioned if there was established criteria in which OLCC must follow Page 7 - Council Meeting Minutes, February 11, 2002 COUNCIL MEETING MINUTES FEBRUARY 11, 2002 TAPE READING in order to make their decision for approval or denial. Councilor Figley questioned what the percentage of non-alcoholic sales must be versus alcoholic sales in order to qualify for off-premise liquor license. Chief Null stated that OLCC guidelines specifically address gas stations and, within those guidelines, there is a certain percentage of sales at a gas station that have to be non- alcohol and non-tobacco sales. Mayor Jennings stated that the State OLCC guidelines must be followed and the City would have to have a very good reason to recommend denial of an application. The motion to approve the liquor license application passed unanimously. 4923 ANNUAL LIQUOR LICENSE RENEWALS FOR 2002. Chief Null recommended approval of the following liquor license renewals: Off-Premise Sales: 7-11 Store #2353-17416B, Bi-Mart #643, Crossroads Grocery & Deli, Chalet Restaurant, E-Z Stop Market Grocery & Deli, Gary's Market # 1, The Raven, OLCC Store #60, Oregon Berry Inn, Piper's Jewelry, Roth's Foodliner, Russian Ethnic Food, Safeway Store #407, Salvador's Bakery I, Salvador's Bakery III, Senior Estates Restaurant, Shop N Kart, O'Donnell Enterprises (AM-PM Mini Mart), Su Casa Imports, Westview Texaco 1, Woodburn Fast Serve (Woodburn Chevron), Young Street Market Full On-Premise Sales: Chu's Eatery, Don Pepe's, Eagle's Lodge #3284, Elmer's Restaurant, Elk's Lodge #2637, La Estrellita Mexican Restaurant, Los Cabos Mexican Restaurant, Lupita's, OGA Members Course, Ranch Restaurant & Lounge, Su Casa Imports, Y un Wah Chinese Restaurant Limited On-Premise Sales: Abby's Pizza Inn, Arandas Taqueria, Chalet Restaurant, Denny's at Woodburn, D & D Restaurant, La Unica, Oregon Berry Inn, Pizza Hut, Salvador's Bakery III, Senior Estates Restaurant, Taqueria Guadalajara, The Raven Inn, Woodburn Lanes It was noted in the report that Chu's Eatery, Su Casa Imports, and Arandas Taqueria currently have compliance plans in place. FIGLEY /BJELLAND... recommend to OLCC renewal ofliquor licenses for the listed businesses for 2002. Mayor Jennings stated that there are only 3 establishments with compliance plans still in place which, in his opinion, shows progress in the control that is available to the bring establishments into compliance. Councilor Figley questioned why Su Casa Imports has a compliance plan in place for their full on-premise license but not for their off-premise sales license. Chief Null stated that Su Casa had originally obtained an off-premise sales license but, shortly after they opened the store, they turned a small portion of their store into a restaurant and then applied for an on-premise sales license. With the history of alcohol related problems at that particular location, he had requested that Su Casa enter into a compliance plan. To date, Su Casa has not had any problems at that location, therefore, Page 8 - Council Meeting Minutes, February 11, 2002 COUNCIL MEETING MINUTES FEBRUARY 11, 2002 TAPE READING he anticipates that the compliance plan at this location will also be dropped later this year. The motion to recommend approval passed unanimously. 5148 FUNDING AGREEMENT BETWEEN THE CITY AND CHAMBER OF COMMERCE. FIGLEY/MCCALLUM... authorize the City Administrator to execute a funding agreement between the City and the Woodburn Area Chamber related to distribution of transient occupancy taxes dedicated to promotion of tourism and economic development. The motion passed unanimously. 5215 Preston Tack, 2197 Camellia Way, expressed his appreciation to the Mayor and Council for being given the opportunity to serve on the Water Master Plan Committee with fellow Senior Estater Ron Lilienthal. He also appreciated the response of staff to questions regarding the reliability of this system that is being considered which may have contributed to the installation of 3 treatment plants realizing that all of the water that is pumped out of the wells must go to one of these plants. In the future, another treatment plant may also be installed on the west side ofI-5. He stated that he has also had affirmative responses to his continual concern over safety and protection in the event of earthquakes, sabotage, and terrorism. He also stated that Woodburn's source of water is from deep wells and, inherently, they provide a certain amount of protection over those water sources that are stored in above-ground open areas. He feels very secure about what is going to be taking place and in the selection of the engineering firm to do the job. Mayor Jennings expressed his thanks to Mr. Tack for his work on this Committee in addition to those other committees that he has willingly served on for the City. 5466 MAYOR AND COUNCIL REPORTS. Councilor Bjelland reported that at the last Mid Willamette Area Commission on Transportation (MW ACT) meeting, he questioned the status of the Highway 214 improvement project and was told that a consultant would probably be used to draft the final design and to monitor the project because of the large number of projects that are being undertaken by the State. This project should be under construction by next year. Mayor Jennings stated that recent reports indicate that the legislature may be looking at releasing more funds for improvement projects. Councilor Bjelland stated that there is discussion at the legislative level to provide some additional funding but it will probably come from some funding source other than the General Fund. Councilor Chadwick stated that she had attended the Chautauqua program at the High School on February 10th which was sponsored by the Library. In her opinion, it was an excellent program and she encouraged citizens to attend future programs in this series. Page 9 - Council Meeting Minutes, February 11, 2002 COUNCIL MEETING MINUTES FEBRUARY 11, 2002 TAPE READING Councilor McCallum stated that he had participated in the Resource Fair at the Tukwila Center for Health & Medicine last Thursday. This event involved a number of different health related agencies and resources that participated and, as a result, they are now more familiar with each other and how they can assist each other in providing services to members of our community. He also thanked members of the various City boards, committees, and commissions for their work on City issues. 5870 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn to executive session under the authority ofORS 192.660(1)(h) and ORS 192.660(1)(f). FIGLEY /BJELLAND... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 8:30 p.m. and reconvened at 9: 11 p.m.. 5900 Mayor Jennings stated that no decisions were made by the Council while they were in executive session. FIGLEY/MCCALLUM... City Council authorize the City Attorney to make a formal demand on Ramona Vandermark for the full amount due under the Housing Rehabilitation loan she obtained from the City of Woodburn which was secured by Lots 2 and 7, Goodman's First Addition, Woodburn, OR. The motion passed unanimously. FIGLEY/MCCALLUM... City Attorney be authorized to file a dismissal or a request for a dismissal in Case #01C19346 Marion County Circuit Court, Hillyer's Mid-City Ford Inc RNWG, Investments Inc., DBA Miles Chevrolet, plaintiffs v. City of Woodburn, defendant, in the event no response is received from the plaintiff's attorney by the end of the day on March 1, 2002. Councilor Bjelland suggested that the motion should state that the request for dismissal be filed if the issue has not been resolved by that point in time. Councilor Figley agreed to amend her motion to include resolution of the issue by March 1, 2002 and Councilor McCallum agreed to the amendment. City Attorney Shields stated that, based on the motion, he is authorized to file a motion to dismiss in Court as opposed to requesting dismissal of the case by the other side. Councilor Figley agreed with City Attorney Shields' interpretation of the motion. The motion passed unanimously. Page 10 - Council Meeting Minutes, February 11, 2002 COUNCIL MEETING MINUTES FEBRUARY 11, 2002 TAPE READING 6132 FIGLEY/MCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:14 p.m.. APPROVED ~.........1.....1 ~ ~ RIC ARD JENNiNG MAYOR ATTEST h~ Mary Te t, Recorder City of Woodburn, Oregon Page 11 - Council Meeting Minutes, February 11,2002 ~ i' - n ,