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Minutes - 04/12/2004 COUNCIL MEETING MINUTES APRIL 12,2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 12,2004. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox McCallum Nichols Sifuentez Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Police Chief Russell, Public Works Director Tiwari, Community Development Director Mulder, Public Works Manager Rohman, Park & Recreation Director Westrick, Finance Director Gillespie, Recorder Tennant 0045 ANNOUNCEMENTS. A) Woodburn Tulip Festival Parade will be held on April 17, 2004 beginning at 10:00 a.m.. The parade route will begin at the Woodburn Aquatic Center and will wind around the Downtown area. B) City Budget workshop will be held on April 17, 2004 at 1 :00 p.m. in the City Hall Council Chambers. C) Friends of the Library book sale will be held April 23 and 24, 2004, from 10:00 am to 4:00 pm at the Woodburn Public Library. D) Annual Spring Cleanup will be held on Saturday, April 24, 2004, from 8:30 am until 11 :00 am. Volunteers are asked to meet at the Woodburn High School front entrance parking lot for instructions and supplies. 0122 APPOINTMENTS. A) Greenway Task Force: Mayor Figley recommended Council approval of the following appointments to the Greenway Task Force which has been formed to plan for improvements to the City's greenway: Willis Grafe, Richard Morris, Phyllis McKean, and Nancy Kirksey. NICHOLS/SIFUENTEZ.... appointments made by the Mayor be approved. The motion passed unanimously. 0191 MAYORAL APPOINTMENT OF WARD V COUNCILOR. Mayor Figley stated that she carefully considered the appointment to this position since it is one in which the citizens of the Ward did not have an opportunity to vote on the Page 1 - Council Meeting Minutes, April 12, 2004 i .--- COUNCIL MEETING MINUTES APRIL 12,2004 TAPE READING selection of this individual since the position was vacated prior to the term expiration date. In this case, she felt that it was very important to appoint a person who is very knowledgeable on City issues and, after meeting with this individual, she expressed her opinion that he honest, hard working, and have the interest of his constituents and the City at heart. Mayor Figley appointed Frank Lonergan to the Ward V Council position subject to Council approval. BJELLAND/MCCALLUM... approve the appointment of Frank Lonergan to the Ward V Council position. Councilor Nichols stated that Mr. Lonergan is well aware of City issues and felt that he would do an excellent job as Councilor. Councilor Cox stated that he had served with Mr. Lonergan on the Planning Commission and also expressed his opinion that he would do a good job on the City Council. On roll call vote, the motion passed unanimously. OATH OF OFFICE. Frank Lonergan took the oath of office and then took his seat at the Council bench. 475 Mayor Figley stated that the Planning Commission position held by Mr. Lonergan is now vacant and she requested that citizens interested in serving on the Commission to submit an application to the Mayor's office as soon as possible. 0500 PROCLAMATION: NATIONAL LIBRARY WEEK. Mayor Figley declared the week of April 18-24, 2004 as National Library Week and urged citizens to visit the Library not only during National Library Week but throughout the year and take advantage of the information that is offered at our local library. 0621 PRESENTATION: WILLAMETTE BROADBAND. Wayne Vestal, Willamette Broadband President, stated that he is new to Willamette Broadband in Oregon and appeared before the Council to introduce himself and assure the Council that Willamette Broadband will continue to make changes to their programs in order to maintain their service level within this competitive market. A survey has been sent out to customers to find out what they like and do not like about the current service with the results currently being compiled by his organization. Councilor McCallum questioned what is being done by Willamette Broadband to keep service costs competitive and yet provide quality programs. Mr. Vestal stated that, as part of the survey, they are doing a market analysis on the products they have and rates may be adjusted due to programing costs. In regards to DSL, they will be analyzing their product and price accordingly. Councilor Bjelland questioned when high definition TV will be offered to Willamette Broadband customers. Mr. Vestal stated that they will try to stay in line with the federal regulations and to date, Page 2 - Council Meeting Minutes, April 12, 2004 . . ._. .............., - --_.. _.~... COUNCIL MEETING MINUTES APRIL 12, 2004 TAPE READING not all broadcasters have agreed to the standards for the high definition TV. He did not have a time line for when the change would be made, however, it may be 8 to 10 years before the federal regulations are finalized. 1052 PRESENTATION: WATER TREATMENT FACILITY UPDATE. Mayor Figley stated that she had an opportunity for a site visit a couple of weeks ago and she encouraged the Councilors to contact the Public Works Department to also visit the construction sites. Public Works Director Tiwari stated that his department is moving along with the water project which involves water treatment process and construction of the new facilities. Travis Tormanen, Project Engineer for Kennedy/Jenks Consultants, stated that the project objectives included 1) water quality improvement by removing the iron and manganese and keeping the radon and arsenic levels in the water below the EP A limits, 2) continue to meet current and future federal and state regulations as those rules change, and 3) increase the storage capacity to better meet the normal and emergency use demands of the community. Facility sites are located on Parr Road, Country Club Road, and National Way. Three wells have been added to the City's system one of which is located at the Parr Road facility, another well on Settlemier west of Settlemier Park, and a third well in the northeast comer of the City. The three facility sites will each have a treatment plant and storage reservoir. The main control center for all plant operations will be located on Young Street at the Water Division office. It was noted that there are 7 active wells within the City and one additional well will be drilled in the summer of 2004. He presented information on a typical floor plan and treatment process at a water treatment site. Public Works Manager Rohman showed photographs of the stages of construction at the various sites. Water pumped from wells located away from the treatment plants flows through transmission lines to the plant for treatment and then flows through service lines to the households. It was also noted that pressure filters will be the method of water treatment to remove the iron and manganese and to comply with federal and state regulations. In regards to the storage reservoirs, the tank located at the Country Club Road site is significantly smaller than the reservoirs at the Parr Road and National Way sites. The total storage capacity for the three sites is approximately 4.75 million gallons. It is anticipated that the treatment plans will be fully operational by the summer of 2005, however, it is unknown at this time as to how long it will take for treated water to appear in all distribution lines to the households. Staffwill be developing a line flushing program to expedite movement of treated water through all distribution lines. It was also noted that the plan is to have the plants undergo operational testing at different times. The estimated cost for this project is $19.3 million and staff feels confident that this project will not exceed the estimated costs. Page 3 - Council Meeting Minutes, April 12, 2004 --,.- COUNCIL MEETING MINUTES APRIL 12,2004 TAPE READING 2880 CHAMBER OF COMMERCE REPORT. Jeanne Hahn, representing the Chamber Board, provided the Council with an updated list of activities scheduled by the Chamber: 1) Greeter's Program - 7:30 am until 9:00 am: April 17th - Lupita's Restaurant (Hosted by Woodburn Downtown Assoc.) April 23rd - Edward Jones Investments (Hosted by Bob Rhoades) April 30th - Courtyard Cafe (Hosted by Doug Hess) 2) Chamber Lunch Forum will be held on April 21 st at Tukwila Center for Health and Medicine with this month's presenters being Marion County Commissioners Milne, Carlson, and Brentano who will give the "State of County" address. 3) Chamber Board will meet on April 14th for their monthly meeting. She also distributed copies of the newly published community map which will be distributed throughout local motels, local and regional events, in Chamber relocation packets, and to Chamber visitors. The purpose of the map is to promote Woodburn to locals and visitors as a Woodburn being a desirable place to live and visit. This project was funded jointly through advertising dollars and through the City's transient occupancy grant dollars received by the Chamber this year. Jeanne Hahn introduced Daniel Schmidt, Leadership Youth Program member, who gave a short presentation on his experiences with this program. Daniel Schmidt, Woodburn High School junior, stated that the first month of the program involved discussions on the aspect of youth leadership, leadership types, and program expectations. The second month pertained to the history of Woodburn and the students toured the Settlemier House. The third month focused on businesses in W oodbum and presenters included Piper's Jewelry, YES Graphics, Bauman Farms, and AgriPac Foods. The fourth month involved juvenile judiciary proceedings in Salem and they toured the juvenile detention facility and the MacLaren Correctional facility. The fifth month of the program was on service components involving such programs as Habitat for Humanity, Community Outreach Clinic, Relay for Life fundraiser for cancer research, and Silverton Hospital service programs. 3650 CONSENT AGENDA. A) approve the Council minutes of March 22,2004; B) accept the Library Board minutes of March 10, 2004; C) accept the Planning Commission minutes of March 11,2004; D) accept the Planning Commission minutes of February 26,2004; E) accept the Community Center Task Force meeting notes of April 5, 2004; F) receive the Aquatic Center revenue comparison report; G) receive the Recreation Division program participation report; H) receive the Police Department statistics report for February 2004; I) receive the Building Activity report for March 2004; J) receive the Planning Project Tracking Sheet dated March 29, 2004; and Page 4 - Council Meeting Minutes, April 12, 2004 , ._-". --'Ir"-' COUNCIL MEETING MINUTES APRIL 12,2004 TAPE READING K) receive the report regarding the delay of the Qwest Audit. Councilor McCallum questioned if the Teen Scene participation numbers were included in the Recreation Division report. Director Westrick stated that the Teen Scene numbers may have been left out due to the current vacancy in that division, however, they will be included in the next report. MCCALLUM/NICHOLS.... adopt the consent agenda as presented. The motion passed unanimously. 3794 COUNCIL BILL 2504 - ORDINANCE PROHIBITING PUBLIC PLACE PARKING IN A PORTION OF THE DOWNTOWN AREA TO PREVENT INTERFERENCE WITH OPERATION OF THE 2004 PLAZA CELEBRATIONS, AND PROVIDE FOR CIVIL ENFORCEMENT. Council Bill 2504 was introduced by Councilor Sifuentez. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Administrator Brown stated that the celebrations are held in the downtown parking lot, however, when this area is under construction for the new plaza, the current planning is to move the celebrations to Settlemier Park. Final determination of the location of these events will be made once it is known how large these events are and where they would be best accommodated. The event organizers will be following the same set of rules that anyone would need to follow when utilizing a Park Use permit. It was noted that if the City is an active partner in an event, there may be some sharing of costs, waiving of fees, or sharing of resources involved. Councilor McCallum requested that the Council receive a report regarding any partnership as plans are developed. Administrator Brown stated that staff will provide a report before there is any move off of the parking facility as the celebration site along with any proposed City involvement at that time. On roll call vote, the bill passed unanimously. Mayor Figley declared Council Bill 2504 duly passed with the emergency clause. 4079 COUNCIL BILL 2505 - ORDINANCE GRANTING A ZONE CHANGE FROM RS (SINGLE FAMILY RESIDENTIAL) TO CO (COMMERCIAL OFFICE) ZONE ON PROPERTY LOCATED AT 1840 NEWBERG HIGHWAY. Councilor Sifuentez introduced Council Bill 2505. 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 Figley declared Council Bill 2505 duly passed with the emergency clause. 4188 ACCEPTANCE OF BANCROFT BOND APPLICATIONS. Staff recommended the acceptance of the following Bancroft Bond applications submitted by property owners within the E. Hardcastle Avenue LID which were received Page 5 - Council Meeting Minutes, April 12, 2004 , +_.,. "'-""T"'""'" """-"'-.''"+.-'''''" --.. --".... ..._- COUNCIL MEETING MINUTES APRIL 12, 2004 TAPE READING after the initial 10-day filing period: Joaquin and Veronica Cortez & Antonio Giron; Israel Rios; Jose & Rosa Leos; Jill Dilsaver; Regina & Larry Lagging; Charlene Mendoza; Jose Rivera; Jose & Leobarda Valenzuela; and Bill & Noreen Kapssof. COX/MCCALLUM... authorize the acceptance of the late filed Bancroft Bond applications as set forth in the staff report. The motion passed unanimously. 4225 BLAINE / BRYAN / MCKINLEY STORM DRAIN PROJECT CONTRACT ASSIGNMENT. BJELLAND/SIFUENTEZ... authorize the assignment of construction contract on project number 2003-024-36 from Wayne Jeskey Construction Company to Elting Incorporated. Councilor Cox questioned if Elting Incorporated has been pre-qualified in the same manner as any other construction firm. Director Tiwari stated that Elting Inc. is pre-qualified and they have provided the City with the necessary bonding documents in order to continue with the project. Councilor Bjelland stated that the staff report does state that Elting Inc. was a 50% owner of Wayne Jeskey Construction to begin with so they are not a new party to this construction project and Elting Inc. is now purchasing the interest of Wayne Jeskey Construction. The motion passed unanimously. 4395 RIGHT-OF-WAY AND EASEMENT ACCEPTANCE - BOONES FERRY ROAD IMPROVEMENT. Mayor Figley stated that the warranty deed and public utility easements in the agenda packet have been replaced by the documents that were distributed to the Council at the start of this meeting. Councilor Cox stated that he had raised some questions about the format of the documents in the agenda packet and he is satisfied with the revised versions prepared by staff. NICHOLS/SIFUENTEZ.... accept the documents from Woodburn School District No. 103. The motion passed unanimously. 4488 CITY AUDIT CONTRACT. NICHOLS/BJELLAND... authorize City Administrator to execute the contract with Boldt, Carlisle, and Smith for audit services. The motion passed unanimously. 4526 TRAFFIC ENFORCEMENT TEAM. Administrator Brown reviewed his staff report which requested authorization to add two police traffic enforcement officers who would dedicate 100% of their time to motorcycle traffic patrol. There are currently two officers on staff who are trained to ride motorcycles when they are not pulled off of those assignments to deal with other Page 6 - Council Meeting Minutes, April 12, 2004 -~._~-_.__..__._._..__._-_...__.. COUNCIL MEETING MINUTES APRIL 12, 2004 TAPE READING departmental issues. In recent months, these individuals have not been able to work motorcycle patrol due to a number of vacancies the department has had deal with and, as a result, traffic enforcement activities have not had as high of a priority as regular patrol activities and criminal investigations. The department is close to being at full staff again and traffic enforcement is an area in which the staff would like focus their attention. Traffic calming devices have been discussed by the Council as a method of slowing traffic down throughout the City, however, staff needs to do more work on this issue before a recommendation will be made to the Council. In the meantime, staff feels that additional traffic enforcement is an immediate answer to reducing vehicular speed on all city streets. Many of the accidents that have occurred are a direct result of vehicle speed and failure to obey the basic rules of the road. He reiterated that the addition of the two motorcycle officers, along with the existing motorcycle officers, will provide the City with 7 day coverage. Staff believes that the officers will be generating revenue that will more than pay for the personnel and equipment costs for the positions. The request to move forward with the positions at this time will give staff an opportunity to begin the recruitment process and obtain necessary equipment for the officers to begin working by July 1,2004. Councilor McCallum questioned if these officers would be dedicated strictly to traffic enforcement or would they be assigned to other patrol duties when necessary. Chief Russell stated that if an emergency arises that needs to be dealt with then the motorcycle officers could assist. Otherwise, these officers would be assigned to traffic enforcement. In the event weather conditions are not conducive for motorcycle operation, the officers would be assigned a vehicle to use for traffic enforcement. Councilor McCallum expressed his support for the positions but did not want to lose the flexibility of using the officers in other areas of police work as the need arises. In regards to traffic calming devices, he requested that the report include comments solicited from other emergency service providers within the City. Administrator Brown stated that contact has been made with local fire and ambulance providers in addition to other police departments that have devices in place. Some additional engineering information is necessary before a final report can be made to the Council. Councilor McCallum also expressed concern regarding bicyclists not obeying the traffic laws and he hoped that the officers will take necessary action to work on this problem. Chief Russell stated that his department will be working on enforcement oflaws pertaining to bicycles and scooters. Councilor Cox stated that staff has done an excellent job in presenting this proposal, however, he did not want the officers to replace the traffic calming device concept. He reminded the Council that traffic calming devices will never be on arterials and collector streets which is where the statistics show an excessive amount of speeding. Brief discussion was held regarding the revenue projections and Administrator Brown stated that the estimate was based on an officer writing 1 ticket per hour per shift which is Page 7 - Council Meeting Minutes, April 12, 2004 " -..-." -.... ,.-.".- "'~''''''T'""'"' .____~_....___..c___ COUNCIL MEETING MINUTES APRIL 12, 2004 TAPE READING fairly minimal. Additionally, officers would be assigned to areas where staff knows problems exist and to those areas in which complaints are received from the public. Councilor Bjelland expressed his opinion that this program is a method of prevention with the intent being to reduce the amount of speeding and other traffic violations occurring within the City. NICHOLS/MCCALLUM... grant the request to add two police officer positions in the amount of $142,944 in salaries and benefits, and $26,544 in supplies and equipment for a total cost of$169,488. Tape 2 The motion passed unanimously. 0056 PLANNING COMMISSION OR LAND USE ACTIONS. A) Community Development Director's approval of zoning adjustment 04-01: Property located at 2575 Meridian Court. B) Community Development Director's approval of zoning adjustment 04-02: Property located at 838 Hazelnut Drive C) Community Development Director's approval of zoning adjustment 03-04: Property located at 202 Young Street. No action was taken by the Council on these land use actions. Councilor Cox questioned the Director's rationale granting the approvals for 2575 Meridian Court and 838 Hazelnut Drive. Director Mulder stated that both of these adjustments are within the Goose Hollow PUD and it is an issue with the new Development Ordinance in that the height of house determines how much of the lot can be covered by the structure. He stated that the 14 foot height will work for more lower sloped single story home but newer homes are being built with very steep sloped roofs which is higher than the 14 foot provision. The current ordinance penalizes the developer from trying to create a more attractive home even if it is only a single story home. Councilor Cox expressed his opinion that the development ordinance needs to be addressed since variances should not be needed for ordinary houses on ordinary lots. 0322 MAYOR AND COUNCIL REPORTS. Councilor Nichols expressed his opinion that ODOr should not have re-routed the traffic to the Tulip Fields when they have known for many years that there are traffic problems at the Woodburn 1-5 interchange and ODOT continues to ignore the problem that does exist. It irritated him that they elected to re-route the traffic when there was a back-up of traffic trying to utilize the Woodburn exit to travel through our community to the fields. Adminstrator Brown stated that he had a brief conversation with an ODOT Region Manager on the day that the news of the traffic re-routing was taking place and he shared with the manager the impact the Tulip Festival traffic has on our local businesses. He stated that he will be meeting with ODOT along with City traffic and planning departments, Chamber of Commerce, Iverson Farms, and other involved members of the Page 8 - Council Meeting Minutes, April 12, 2004 , -.". -."'1'-.--.--."".---- COUNCIL MEETING MINUTES APRIL 12, 2004 TAPE READING public to make sure that the City's option continues to be a viable option for people who want to use the Woodburn exit in the future. Councilor McCallum also stated that the Tulip Festival is a tremendous program for our community. He also thanked the Mayor, Councilors, and department heads for their support of Relay for Life. Once again, the City is a gold level sponsor for the Relay and the sponsorship was paid for by these individuals and not through taxpayer dollars. Councilor Sifuentez welcomed Frank Lonergan to the Council. Mayor Figley also congratulated Frank Lonergan on his appointment. She also stated that she had taken a tour of the City's entire greenway system about 3 weeks ago and she was impressed with the beauty of the greenway. She is excited to be a part of the process to make improvements to the greenway in future years. 0650 ADJOURNMENT. NICHOLS/MCCALLUM... meeting be adjourned. The meeting adjourned at 8:42 p.m.. APPR 17 -r- ~ ATTEST /! ~ .9-t~.. - MaryTenna , Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, April 12, 2004 >>... T-- ..0>