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Minutes - 05/10/2004 COUNCIL MEETING MINUTES MAY 10, 2004 TAPE READING 0001 DATE, COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 10, 2004. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Absent Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Russell, Public Works Manager Rohman, Finance Director Gillespie, Park & Recreation Director Westrick, Recorder Tennant 0054 ANNOUNCEMENTS. A) City Budget hearing will be held on May 15, 2004, 9:00 a.m., in the City Hall Council Chambers. B) Recreation and Park Board vacancy - citizens interested in serving on this Board are asked to obtain an application form from the Mayor's office at City Hall. C) Planning Commission vacancy - citizens interested in serving as a Planning Commission member are asked to obtain an application form from the Mayor's office at City Hall. D) Youth Council openings - youth interested in serving on the Youth Council are also asked to contact the Mayor's office for an application form. 0108 CHAMBER REPORT. Jon Wolfer, representing the Chamber Board, provided the following information on upcoming Chamber events: 1) Business After Hours - May 13th, 5:00 pm to 7:00 pm at The Perfect Image Gift Shop located in the Woodburn Crossing Shopping Center. 2) Greeter's Program - 7:30 am to 9:00 am: May 13th - American Diagnostics, 1585 N Pacific Highway May 21 st - Bank of America, 110 S. Pacific Highway May 28th - Long Bros. Building Supply, 195 Birds Eye Avenue 3) Leadership Youth Day - May 18th. The youth will be painting and cleaning up the AWARE Food Bank as a service project. Page 1 - Council Meeting Minutes, May 10, 2004 '-'''~..._---~---''_.._-' - ~ COUNCIL MEETING MINUTES MAY 10,2004 TAPE READING 4) Leadership Youth Graduation - May 19th. This is the third group of students to complete this program and the second year students will be awarding grant money to local non-profit organizations. 5) Drums of Fire will be held on June 23rd at the Woodburn High School athletic field. This is the first year in which tickets will be available on-line through the Chamber's web site and ticket sales are going well. There will be 4 Drum and Bugle Corps participating of which 3 are within the nation's top10 Drum and Bugle Corps. 0265 CONSENT AGENDA. A) approve the regular and executive session Council minutes of April 26, 2004; B) accept the Community Center Task Force meeting notes of May 3, 2004; C) receive the Aquatic Center Revenue Comparison report; D) receive the Recreation and Parks Teen Scene report; E) receive the Recreation and Parks Recreation Division Program Participation Report; F) receive the Building Activity report for April 2004; and G) receive the Planning Project Tracking sheet dated May 4,2004. NICHOLS/MCCALLUM... adopt the consent agenda as presented. The motion passed unanimously. 0331 COUNCIL BILL NO. 2508 - RESOLUTION CERTIFYING CITY'S ELIGIBILITY TO RECEIVE STATE SHARED REVENUES DURING FISCAL YEAR 2004-05. Councilor Sifuentez introduced Council Bill 2508. The bill was read by title only since there were no objections from the Council. Councilor Lonergan questioned the projected revenue changes over last year. Administrator Brown stated that the City's population has increased so the actual amount of revenue projected to be received will increase by the population growth. There has been some concern about legislative discussions to take away the liquor and cigarette taxes, however, to date those revenues have not been taken away by the State. The per capita rates have stayed relatively flat over the last couple of years. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2508 duly passed. 0474 BID AWARD - REMOVAL OF HOUSE AT 828 PARR ROAD. Only one bid was submitted for the removal of the single family residential house located on the property which is now the site for one of the City's water treatment plants. Staff recommended that the bid be awarded to Emmert International rather than the City paying in excess of $1 0,000 to demolish the home. NICHOLS/LONERGAN... award bid to Emmert International for $317.00 to remove the house. The motion passed unanimously. Page 2 - Council Meeting Minutes, May 10, 2004 .---r------'--'--..--~-'-c..-"-'''--'---- COUNCIL MEETING MINUTES MAY 10, 2004 TAPE READING 0515 CONTRACT AWARD: SETTLEMIERPARKFENCE REPLACEMENT. BJELLAND/MCCALLUM... award contract for the replacement of a chain link fence located at Settlemier Park to low bidder Security Fence in the amount of$7,397.00. Mayor Figley questioned if neighbors affected by the fence have been contacted by staff. Public Works Manager Rohman stated that he has been in contact with the affected property owners and the questions and concerns expressed by the property owners have been resolved. The motion passed unanimously. 0567 CONTRACT AWARD: DEMOLITION OF HOUSE LOCATED AT 1060 MT. HOOD AVENUE. Bids were received from the following contractors for the removal of the house located at 1060 Mt. Hood Avenue: De-Constructors, Inc., $5,500.00; All-Ways Excavating, $8,273.00; Rods Handy Man, $9,800.00; Obrist Excavating, $13,500.00; Power Concrete Cutting, $13,800; and Bob's Backhoe, $23,980.00. BJELLAND/MCCALLUM... award contract for removal of the house located at 1060 Mt. Hood Ave. to the low bidder, De Constructors Inc., in the amount of$5,500.00. The motion passed unanimously. 0600 EASEMENT ACQUISITION FOR BOONES FERRY RD. PROJECT. Staff recommended the acceptance of two permanent easements from Woodburn Grange No. 79 for the placement of utility vaults and underground conduit, and acceptance of an easement agreement from the Woodburn Grange for placement of conduits and purchase of right-of-way along Settlemier Avenue. BJELLAND/NICHOLS.... City Administrator be authorized to sign the easement agreement with Woodburn Grange No. 79 presented to Council and that the Council accept the permanent utility easements from the Woodburn Grange No. 79. The motion passed unanimously. 0708 SETTLEMENT AGREEMENT WITH EMERY CONSTRUCTION. NICHOLSILONERGAN... obtain a release from suit associated with the construction of the Mill Creek pump station, authorize the City Administrator to execute a settlement agreement with Emery & Sons Construction, Inc. and LZB, Inc., and forward a settlement payment in the amount of $5,000 to Emery & Sons Construction, Inc.. Councilor Lonergan questioned why the City does not have any insurance coverage for this type of action. Attorney Shields stated that the general rule is that if it is a contractual arrangement there is no insurance coverage. In this case, he did tender the issue to the insurance company for review and they confirmed that there was no insurance coverage under our policy for this action. The motion passed unanimously. Page 3 - Council Meeting Minutes, May 10, 2004 .-T- COUNCIL MEETING MINUTES MAY 10, 2004 TAPE READING 0867 AWARD OF CONSTRUCTION CONTRACT: WOODBURN ASSOCIATION BUILDING FACADE IMPROVEMENTS (347 N. FRONT STREET)' Administrator Brown provided a short presentation on the proposed facade improvements to the east and west sides of the building. The improvements include installation of windows, exterior brick veneer, doors, and some metal work in the shape of awnings. The bricks will be a historic red fired brick color with some sandstone brick under the windows. The windows will be light gray tinted which is also a historically accurate color. On the west side of the building, there will be a glass roll-up garage size door with the intent being to provide an opening to bring in larger displays assuming that the lower level of the building will eventually house the Museum on the ground floor. For this phase of the improvement project, the roll-up door will be metal and the glass roll-up door will be installed when the interior renovation is done at a later date. Once approved by the Council, it is expected that the facade work will start almost immediately and it is anticipated that it will be completed in approximately 2 months. Staff made an effort to try and value engineer down the cost of the bid in order to save some cost to the City since the bid was over the budgeted appropriations. However, it was decided to proceed with the project as designed, less about $3,500 in some minor changes. It was noted that the awning framework is included in the project however the City will need put a canvass cover over the framework at a later date. Councilor Lonergan liked the designs and could see the historical value brought out in the design. NICHOLS/LONERGAN... accept Bid No. 2004-020-29 to the lowest responsible bidder, D.G.S. General Construction Inc., in the amount of$147,500.00. The motion passed unanimously. 1510 COUNCIL BILL NO. 2509 - RESOLUTION AUTHORIZING TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2003-04. Councilor Sifuentez introduced Council Bill 2509. 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 Figley declared Council Bill 2509 duly passed. 1580 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's approval of Design Review 04-05: Exterior and facade improvements to building located at 347 Front Street. No action was taken by the Council on this land use action. B) Comunity Development Director's approval of Zoning Adjustment 04-03: Increases the maximum lot coverage requirement from 35% to 40% for a one-story dwelling over 14 feet in height located at 877 Hazelnut Drive. No action was taken by the Council on this land use action. Page 4 - Council Meeting Minutes, May 10, 2004 T' COUNCIL MEETING MINUTES MAY 10, 2004 TAPE READING 1623 MAYOR AND COUNCIL REPORTS. Councilor Bjelland reviewed the actions taken by the Mid- Willamette Area Commission on Transportation (MW ACT) at their meeting last week. There were initially 17 projects to prioritize for the upcoming meeting with the other Region II ACTs to allocate the STIP funding for 2007-09 and the OTIA III funds. Two of the projects were withdrawn by their sponsors so MW ACT had 15 projects to prioritize. Of the projects being analyzed, Woodburn had improvements projects for the 1-5 interchange, Highway 214, and Highway 99E south. Unfortunately, the Woodburn interchange was ranked 4th, due in part, to a lack of full attendance of commission members at the meeting. The Mt. Angel representative has been a supporter of the 1-5 interchange project, however, their representative was not in attendance therefore unable to vote on the projects which would then have given the projects a different final standing. On Wednesday, the MW ACT Steering Committee will be meeting to discuss strategy for the Friday meeting with the other Region II ACT's. The steering committee has strong support for the interchange project and he hoped that they will be able to negotiate for $5 million of the estimated $17 million to be allocated to our interchange project. The votes were very close and the project that was rated #1 (Highway 22 Stayton/Joseph Street interchange) is a project that cannot be phased and there will not be sufficient funds for this project. He will be working with the Steering Committee on trying to have the 1-5 project higher on the project list and will be emphasizing the fact that a strong proponent of the interchange was missing at the meeting. He will also be providing them with revised numbers showing that the 1-5 interchange project would have just missed being #1 if the proponent had been in attendance and voted favorably for the interchange project. He stated that the funds are needed to acquire right-of-way and construction funds are not available as of this date. Councilor Sifuentez stated that Mary Chadwick had returned home from the hospital today and she is in very good spirits. Councilor McCallum congratulated the participants at the Mayor's Prayer Breakfast and he stated that the City was well represented by the Mayor. He also thanked the Woodburn Kiwanis and the French Prairie Kiwanis for their part in this event. Councilor McCallum also questioned the Police Chief as to whether or not soliciting at the freeway exits can be prohibited. Chief Russell stated that the roadway is part of the State Highway system all of the way up to the interchange and this roadway is traditionally enforced by the State Police. The Portland Police Bureau had tried to enforce a statute on soliciting in a roadway but the statute was declared unconstitutional in 1997. If a person does go out into the roadway and obstruct traffic, a citation for disorderly conduct could be issued. He also stated that staff has been working with ODOT to remove camps set up in the interchange area. Councilor McCallum stated that there are some motorists that will give the individuals Page 5 - Council Meeting Minutes, May 10, 2004 "~_.'<y-" ",,,---, "---'''"" .._-_.~._.._-~~-- COUNCIL MEETING MINUTES MAY 10, 2004 TAPE READING money which sometimes delays traffic flow to Highway 214 and adds to traffic congestion. He was also concerned about the impression that may be left with motorists when entering the City. Mayor Figley also thanked the Woodburn Kiwanis and French Prairie Kiwanis for the Prayer Breakfast. The main speaker was a very eloquent and dynamic speaker and she enjoyed being at and participating in this event. She also congratulated the organizers of the Mothers' Day festivities downtown yesterday which drew a nice family crowd. She encouraged individuals who have not attended one of these events to attend one of the upcoming events. 2322 ADJOURNMENT. BJELLAND/SIFUENTEZ.... meeting be adjourned. The meeting adjourned at 7:42 p.m.. .// /"" ATTEST ~~ Mary e t, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, May 10,2004 --"-......-""_....~--_..,