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Minutes - 06/14/2004 COUNCIL MEETING MINUTES JUNE 14,2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 14,2004. Prior to convening the meeting, Mayor Figley requested for a moment of silence in memory of former President Ronald Reagan and in memory of four members of the Oregon National Guard who recently died in Iraq. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0060 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols S ifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Russell, Finance Director Gillespie, Park & Recreation Director Westrick, Public Works Manager Rohman, Recorder Tennant 0080 ANNOUNCEMENTS. A) Greenway Task Force Open Honse will be held on June 15,2004,5:30 p.m., in the City Hall Council Chambers. Following the Open House, a Recreation & Park Board workshop will be held at 7:00 p.m. in the Council Chambers on the same topic. B) Library Summer Reading Program sign ups will begin on June 17, 2004. C) Drums of Fire will be held at Woodbum High School on June 23, 2004 at 7:00 p.m.. D) Relay for Life event will begin at 6:00 p.m. on June 25'h and conclude at 12:00 noon on June 26'h. The event will be held at the Woodburn High School athletic field and proceeds benefit the American Cancer Society. E) Urban Renewal Agency meeting will be held on June 28, 2004, 6:45 p.m., in the City Hall Council Chambers. F) Community Center Task Force will meet on June 29, 2004, 7:00 p.m., in the City Hall Council Chambers. G) Police Facility Open House will be held on July 6,2004, 5:30 p.m., in the City Hall Council Chambers. H) Music in the Park begins on July 6,2004,7:00 p.m., Library Park, with the guest performers being The Maharimbas who play African and Caribbean marimba music. Page I - Council Meeting Minutes, June 14,2004 ..__.....4_4~.~.__~....__~ _. COUNCIL MEETING MINUTES JUNE 14,2004 TAPE READING I) Board vacancies exist on the Parks & Recreation Board and Library Board. Interested citizens are asked to cal1 the City Administrator's office to request an application form. J) July 4th Events include a parade which will start at 2:00 p.m. from Settlemier Park and end at Centennial Park. Following the parade, there will be games, food, and a DJ at the Centennial park. A fireworks display wil1 begin after it is dark between 9:30 pm and 10:00 pm. Mayor Figley encouraged the public to attend this annual event. K) Community support for local members ofthe armed forces and their families - Mayor Figley stated that the Police Department has been in contact with the Oregon National Guard Family Program Coordinator and has offered any assistance that the City staff might be able to give to families of those called up on active military duty. Even though the City is not a full military services organization, we are willing to do whatever we can to put the family member in touch the applicable organization that can be of help to the family. 0340 PROCLAMATION: RELAY FOR LIFE. Mayor Figley proclaimed Woodburn as an official Relay for Life City and declared the month of June 2004 as Relay for Life month in Woodburn in an effort to support American Cancer Society's fight against cancer. 0460 CHAMBER OF COMMERCE REPORT. Bob Rhoades, representing the Chamber Board, stated that he did not have anything to report and was just observing tonight's Council meeting. 0500 CONSENT AGENDA. A) approve the regular and executive session Council minutes of May 24,2004; B) accept the Planning Commission minutes of May 13, 2004; C) accept the Planning Commission minutes of May 27, 2004; D) receive the claims for May 2004; E) receive the Aquatic Center revenue comparison report; F) receive the letter to Marion County Juvenile Department regarding the JAIBG grant for federal fiscal year 2003; G) receive the Building Activity report for May 2004; H) receive the Planning Tracking sheet dated June 3, 2004; and I) receive the Notice of Street Closures report. Councilor McCal1um referred to the letter to Marion County and requested additional information as what program will be funded through these grant dollars since, in the past, these funds were directed to Woodburn Peer Court. Chief Russell stated that JAIBG (Juvenile Accountability Incentive Block Grant) was used as part of the Peer Court project previously administered by the Sheriffs Office with assistance from Woodburn Together and the City acting as fiscal agent for the project. Staff received notice several months ago that the Sheriffs office and Woodburn Together Page 2 - Council Meeting Minutes, June 14,2004 If ".,"_._"._,-_._--~'_.,_._-~"' -,~,~- COUNCIL MEETING MINUTES JUNE 14,2004 TAPE READING would not be able to continue with the project and asked that the project be terminated. Recently, the City received a letter from Marion County Juvenile regarding the 2003 block grant requesting the City to pool the City's allocation with Marion County and other local agencies in support ofthe Guaranteed Attendance Program (GAP) for juveniles. This program focuses on requiring first time offenders to attend school, obtain treatment, attend court, and have close supervision to help them be law abiding individuals. The City had supported the GAP program for many years prior to Peer Court and this program seemed to be a prudent use of the City's allocation since Peer Court had ceased to operate. In regards to Woodburn youth, Chief Russell stated that as youth come into the system, there is a selection process for youth that they believe can benefit from this project and it is one of the few places that they can identify and target someone that has a good chance of staying out of one of the correctional facilities. Councilor McCallum stated that he wished the Peer Court could have continued since it proved to be a program that built some responsibility in for some juveniles and it also was a good leadership tool. MCCALLUM/NICHOLS... adopt the consent agenda as presented. The motion passed unanimously. 0857 REOUEST FOR TEMPORARY INCREASE IN STAFFING LEVEL. BJELLAND/MCCALLUM... authorize temporary increase in authorized staffing level for police officers by one position until the insurance settlement is finalized. The motion passed unanimously. 0885 PURCHASE OF PROPERTY AND ACCESS EASEMENT FOR MUNICIPAL WELL FROM PATRICK INDUSTRIES. INC. Staff recommended the purchase of a 10,000 square foot parcel of land and access easement from Patrick Industries, Inc. for a new water well site which will provide water for the National Way treatment plant. The purchase price for the land is $21,000 and the cost for the easement is $14,300 for a total price of$35,300. NICHOLS/COX... authorize City Administrator to execute on behalf of the City an agreement to purchase property from Patrick Industries Inc. for a municipal water supply well and accept an easement from Patrick Industries Inc. for access to a municipal water supply well. The motion passed unanimously. 0927 BID AWARD: MUNICIPAL WELL 14 CONSTRUCTION. Bids for the construction of water well 14 were received from the following contractors: Schneider Equipment, Inc., $177 ,270; and Geo- Tech Explorations, $235,412. Staff recommended the acceptance of the low bid which was below the engineer's estimate of $210,000. Page 3 - Council Meeting Minutes, June 14,2004 -,.- --,-"--"-,...-..~._",.__.,...~,-_..--..-~ COUNCIL MEETING MINUTES JUNE 14,2004 TAPE READING NICHOLS/MCCALLUM... award the bid for municipal well 14 construction to the lowest responsible bidder Schneider Equipment, Inc., for $177 ,270.00. The motion passed unanimously. 0994 COMPLETION OF PUBLIC IMPROVEMENTS OUTLINED IN DEVELOPMENT AGREEMENT. BJELLAND/NICHOLS... authorize the City Administrator to execute and record the document prepared by the City Attorney acknowledging the completion of public improvements under the development agreement related to the area of the Wal-Mart development. The motion passed unanimously. 1028 BID AWARD: DEMOLITION OF HOUSE. BJELLAND/COX... withdraw the previous bid award to De-Constructors Inc. for removal ofthe house located at 1060 Mt. Hood Avenue because De-Constructors Inc does not possess insurance and its submitted bid was not responsible. Councilor Cox questioned if the City pre-qualifies bidders on jobs of this type. Public Works Director Tiwari stated that the pre-qualification process did not apply to this job because it was too small. The motion passed unanimously. BJELLAND/NICHOLS... award the bid for removal of the house located at 1060 Mt. Hood Avenue to the lowest responsible bidder, All-Ways Excavating, for $8,273.00. The motion passed unanimously. 1097 PUBLIC HEARING: EASEMENT VACATION IN GOOSE HOLLOW SUBDIVISION. Mayor Figley declared the public hearing open at 7:20 p.m.. Public Works Director Tiwari stated that the property owner had petitioned for the vacation of the outside 10-foot portion of the existing 20-foot public utility easement adjacent to the public right-of-way of Hazelnut Drive within the Goose Ho\1ow at Tukwila Phase I subdivision. He stated that the proposed area to be vacated is not needed by City for utilities and there would still be a 10 foot public utility easement which is the standard width area required by the City. Staff has checked with other local utilities and they have responded back to the City that they do not need the 10- foot width that is being considered for vacation. Councilor Lonergan questioned as to why the 20-foot easement was initially required. Director Tiwari stated that initia\1y the road was going to connect to Country Club Road and a larger storm drain line would have been installed outside ofthe public right-of-way which would have required a wider easement. Plans have since changed and the storm drain line has been installed within the public right-of-way thereby not requiring the easement width as planned. The street right-of-way is 60 foot wide and the pavement width is 36 feet. Page 4 - Council Meeting Minutes, June 14,2004 . ""'_.~,~.,..,,-,~~_._-----~~- COUNCIL MEETING MINUTES JUNE 14,2004 TAPE READING No one in the audience spoke either for or against the proposed vacation. Mayor Figley declared the public hearing closed at 7:24 p.m.. COX/BJELLAND... instruct staff to prepare an ordinance vacating the utility easement and bring it back for Council consideration at the next regular meeting. The motion passed unanimously. 1380 PUBLIC HEARING: CITY BUDGET FOR FISCAL YEAR 2004-05. Mayor Figley declared the public hearing open on the 2004-05 City Budget, which includes State Revenue Sharing funds, at 7:25 p.m.. Finance Director Gillespie reviewed the staff report on the budget document recommended by the Budget Committee following their public hearing on May 15, 2004. The budget total approved by the Committee was $49,975,656. Additionally, the Committee had recommended that the Council levy a property tax rate of $6.0534 per $1,000 assessed value and $155,820 for bonded indebtedness outside ofthe statutory limitation. Staff is recommending that the following changes be made to the recommended budget: I) PERS reserve be established within each fund for 2004-05 rather than transferring those dollars to a payro\1 clearing fund. 2) Property tax revenue estimate within the Transit Fund be reduced by $29,111, increase grant revenues by $9,000, increase advertising revenues by $4,574, and decrease operating contingency by $15,537 to balance the Transit Fund budget. 3) Increase the beginning fund balance in the Sewer Fund by $191,488 to partia\1y correct an error in the beginning fund balance. 4) Increase the General CIP Fund and Street Fund beginning fund balances by $17,000 each and provide an appropriation in a like amount within each fund for the Second Street / Parking Lot project which will not be completed until after July I, 2004. 5) Within the Water Construction Fund, increase debt service by $600,000 and reduce the contingency line item by a like amount since loan repayments will begin in fiscal year 2004-05 on the water treatment plant. If the above adjustments are approved by the Council, the 2004-05 City budget will total $50,785,607. Councilor Cox questioned the operating contingency balance within each of the funds listed above that involve a decrease in contingency appropriations. Finance Director stated that he did not know the exact figures but the General CIP Fund contingency will be under $200,000, the Street Fund will have a contingency of $1 00,000 to $150,000, and the Water Construction Fund contingency will be approximately $3.2 mi\1ion. Councilor Bjelland questioned if the Water Construction Fund involves an increase in the anticipated cost or is it shifting payment periods from one time frame to another time frame. Page 5 _ Council Meeting Minutes, June 14,2004 ,_~_"~""W,_'..'_., COUNCIL MEETING MINUTES JUNE 14, 2004 TAPE READING Finance Director Gillespie stated that the City will begin to pay back the loan in 2004-05 instead of 2005-06 and the money is available in the contingency line item. Public Works Manager Rohman stated that the payment due in 2004-05 is for the direct loan that was bonded while the other two sources ofloan monies from Safe Water Drinking Act and Water/Wastewater direct loan will start in December 2005. No one in the audience commented on the proposed City budget for fiscal year 2004-05. Mayor Figley declared the public hearing closed at 7:33 p.m.. COX/BJELLAND... authorize and direct staff to prepare a budget ordinance based on the Budget Committee's recommendation and on the allowable adjustments that are outlined in the staff report that do not change the tax levy requirement. On roll call vote, the motion passed unanimously. 2037 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Conditional Use 04-02 (790 Lawson Avenue): Allows for the operation of a pay day loan business at this address. Councilor Cox stated that the minutes of the Planning Commission indicate that the applicant stated that they would have an awning on the premises but they did not mention that they had already installed an off-premise sign which will be illegal as of July I, 2004. He expressed his opinion that this action should be called up for Council review. It is his belief that it would be an appropriate condition to put on this approval that an off-premise not be allowed. He expressed his hope that this issue could be resolved before a hearing is actually held before the Council. COX/MCCALLUM... call this application up for Council review. The motion passed unanimously. B) Planning Commission's approval of Conditional Use 04-04 (Highway 99E and Laurel Avenue): Allows for the operation of an auto collision repair business at 460 and 480 N. Pacific Highway. No action was taken by the Council to bring this matter up for review. 2188 CITY ADMINISTRATOR'S REPORT. Administrator Brown informed the Council that the City has installed a 25 MPH speed limit sign on Ogle Street and staff has worked out an arrangement with Marion County for application of a dust suppression material to be placed on Ogle Street within the next month. 2246 MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that Willow Avenue is experiencing some potentially dangerous situations to young children who live on this street since motorists continue to drive down Willow Avenue at a high rate of speed. He has talked to the Police Chief and the department is patrolling the area for traffic violations along with talking to the children Page 6 _ Council Meeting Minutes, June 14,2004 .. ,>..._'"._---,_..,'-,--_.~_.~....-._._..~-. - COUNCIL MEETING MINUTES JUNE 14,2004 TAPE READING about bicycle safety. He reiterated that something needs to be done about the speed of vehicles on this street before someone is injured or killed. Chief Russell stated that our motorcycle officer will be available for full-time traffic enforcement in about two weeks and this area will be a priority. Councilor Cox reminded the Council that traffic calming devices is a matter that still needs to be addressed by the Council. Councilor Nichols agreed that this issue should be discussed since other large cities have traffic calming devices in place and the residents are wondering why a device cannot be placed on each end of Willow Avenue between Sycamore and Myrtle Streets. Councilor Lonergan stated that the Woodburn Independent had recently reported on four different police actions that occurred within one week - train/pedestrian accident, a stabbing incident, break-up of a drug ring, and break-up of a fairly large burglary ring. He expressed his appreciation to the Police Department for the work they have been doing within the City. Councilor McCallum reminded the public that the Relay for Life will be held in a couple of weeks and the Chief of Police will begin running a mini-marathon on Saturday moming at 7:30 am.. He thanked the Council, management staff, and City employees for their backing of this annual event. He also stated that the local National Guard will be providing some equipment for this event. Additionally, Councilor McCallum stated that the Chamber Forum will be held on Wednesday with State Senator Peter Courtney as the guest speaker for this event. Councilor Sifuentez stated that some of the neighbors in the vicinity of Settlemier Avenue have contacted her regarding tree preservation along that street and she has obtained some information from the Public Works Director which she will take back to those residents. Mayor Figley stated that she attended the graduation exercise for the Woodburn High School Class of2004 and she congratulated the class on their achievement. 2713 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS I 92.660(1)(h), ORS 192.660(1)(f), and ORS 192.660(1)(e). NICHOLS/MCCALLUM... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:45 p.m. and reconvened at 7:55 p.m.. Page 7 - Council Meeting Minutes, June 14, 2004 +_,_--,_"^""-~",,,_,,,---'--~"'-'-""""'- TAPE READING COUNCIL MEETING MINUTES JUNE 14,2004 2741 Mayor Figley stated that the Council took no action on items discussed during executive sessIOn. ADJOURNMENT. MCCALLUM/NICHOLS... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:56 p.m.. ATTEST ft!~~ Mary Te t, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, June 14,2004 . e.T'"' Executive Session COUNCIL MEETING MINUTES June 14,2004 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 14,2004. CONVENED. The Council met in executive session at 7:47 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant The executive session was called under the following statutory authority: I) To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660(1 )(h); 2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f); and 3) To conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(1)(e) ADJOURNMENT. The executive session adjourned at 7:53 p.m.. APPRO ATTEST 11~ ~. Mary Te ant, Recorder City of W oodbum, Oregon Page I _ Executive Session, Council Meeting Minutes, June 14,2004 --,"'--'~-'--"'_._"-'-'~.'."~-"'~~--