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Minutes - 07/26/2004 COUNCIL MEETING MINUTES JULY 26, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 26, 2004. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Deputy Police Chief Youmans, Public Works Manager Rohman, Community Development Director Mulder, Recorder Tennant 0034 ANNOUNCEMENTS. A) Music in the Park: Library Park at 7:00 p.m. July 27,2004 - Chayag - Andean flues, pipes and guitar August 3, 2004 - Roundhouse Bluegrass ~ band playing old favorites B) Woodburn Public Library Summer Reading Program: July 29,2004 - Program finale featuring Oregon Zoo "Zap" Team presenting live insects, followed by face painting and sidewalk chalk art, and ending Ballet Infantil Folklorico de W oodbum. This program performance will begin at 1 :00 p.m.. C) La Fiesta Mexicana: 40th Annual event will be held August 6 - 8,. 2004 at Legion Park. She informed the Council that a fire engine will be used to transport them along the parade route. D)Walt's Run will be held on August 14,2004 at Centennial Park and participants can register at the Aquatic Center. E) Retirement Reception for Beverly Phillips, Children's Services Librarian, will be held on Friday, July 30th, 2:30 p.m - 4:30 p.m., in the City Hall Council Chambers. F) 21" Annual National Night Out will be held on Tuesday, August 3, 2004. G) Public Hearing will be held on Monday, August 9, 2004, 7:00 p.m., to consider the Northwest Natural Gas franchise. 0269 PROCLAMATION: GEORGE ENRIOUEZ DAY, AUGUST 3. 2004. Mayor Figley stated that Postal workers do a good job throughout the year and, in this case, she thought it would be appropriate to recognize a Post Office employee who will be retiring after 28 years of service. George Enriquez will be retiring on August 3, 2004 Page I - Council Meeting Minutes, July 26,2004 COUNCIL MEETING MINUTES JULY 26, 2004 TAPE READING and he has not only provided excellent customer service over the years, but he has also been recognized by the City's Human Rights Commission for his language skills and ability to deal with customers from various cultural backgrounds. Mayor Figley read a proclamation declaring August 3, 2004 as "George Enriquez Day" and encouraged the public to express their appreciation to Mr. Enriquez for a job well done. Mr. Enriquez was in attendance to accept the award. 0417 PROCLAMATION: NATIONAL NIGHT OUT. Mayor Figley read the proclamation declaring August 3, 2004 as the 21" Annual National Night Out within Woodburn and she encouraged residents to participate in this event which gives the Police Department an opportunity to promote cooperative police- community crime, drug, and violence prevention efforts. As in the past, she, along with the Councilors, wi II be visiting neighborhoods participating in this event. 0527 Mayor Figley also wished Happy Birthday to long-time residents Mary Boyle and Margaret Hastie (Jackson twins) who are celebrating their 90'h birthday. She stated that Mary Boyle is a former employee of the Woodburn School District and Margaret Hastie is a former employee for the City. 0585 CHAMBER REPORT. Alma Grivjalva, Chamber President, provided information on upcoming events: I) Leadership Youth Program - a new class (Community 101 Program) will be offered to educate youth in getting involved in community issues and, similar to last year's program, they will form their own foundation, raise their own funds, and then give the money away to non-profit organizations. This program will also give youth training about areas that they can pursue in their career. 2) Chamber Forum will be held on August at the Woodburn Fire Station and it will include lunch and a tour ofthe fire station. Mid-Valley Financial Services is the new sponsor for the Chamber Forums. 3) Chamber Auction will be held on September 24, 2004. 0800 CONSENT AGENDA. A) approve the Council regular and executive session minutes of July 12, 2004; B) accept the Planning Commission minutes of July 8,2004; C) accept the claims for June 2004; and D) accept the Aquatic Center Revenue Comparison report. MCCALLUM/COX... adopt the consent agenda as presented. The motion passed unanimously. Page 2 - Council Meeting Minutes, July 26,2004 - _._-,~----_._"---~-~.__..~~,., --"-'-'--'---"" COUNCIL MEETING MINUTES JULY 26, 2004 TAPE READING 0845 COUNCIL BILL NO. 2519 - ORDINANCE APPROVING CONDITIONAL USE APPLICATION CASE FILE NO. 04-02 AFFECTING PROPERTY LOCATED AT 790 LAWSON AVENUE. Council Bill 2519 was introduced by Councilor Sifuentez. Recorder Tennant read the two readings ofthe 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 2519 duly passed with the emergency clause. 0932 COUNCIL BILL NO. 2520 - ORDINANCE AMENDING ORDINANCE 2157 (SEWER CHARGE ORDINANCE). Councilor Sifuentez introduced Council Bill 2520. The two readings of the bill were read by title only since there were no objections from the Council. Councilor Cox stated that residential customers are not affected by this ordinance since the rate increase applies to trucks disposing septage at the treatment plant. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2520 duly passed with the emergency clause. 0932 COUNCIL BILL NO. 2521 - RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2004- 05. Councilor Sifuentez introduced Council Bill 2521. Recorder Tennant read the bill by title only since there were no objections from the Council. On rol1 cal1 vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2521 duly passed. 1054 COUNCIL BILL NO. 2522 - RESOLUTION CALLING FOR A SPECIAL ELECTION ON THE OUESTlON OF CONTRACTING A GENERAL OBLIGATION BONDED INDEBTEDNESS IN THE AMOUNT OF $7.066.000 TO CONSTRUCT. EOUlP. AND FURNISH A CITY POLICE FACILITY: CONSTRUCT PARKING F ACILITIES: REPAY AN INTERFUND LOAN USED TO PURCHASE PROPERTY FOR THIS FACILITY: CONSTRUCT RELATED IMPROVEMENTS: PAY ALL COSTS INCIDENT AL THERETO: AND PROVIDE ENVIRONMENTAL UPGRADES TO AN EXISTING FIRING RANGE. Councilor Sifuentez introduced Council Bill 2522. The bil1 was read by title only since there were no objections from the Council. Barbara Lucas, 214 E. Clackamas Circle, stated that she had questions regarding project estimates included in the pre-design proposal which was presented to the Council at the last regular meeting. First of all, she questioned the $980,000 for site work. The property purchased is 9.11 acres of which 7 acres are buildable and, of that amount, the original project estimate indicated that 5.5 acres would be developed and improved but the most recent numbers show that 4.5 acres would be used for this purpose. She questioned as to why there was a further reduction in the acreage to be used for this project. Page 3 - Council Meeting Minutes, July 26, 2004 ,_._..__._. .__m__"' _,__~.,'"_,'__"'_ .___ _.._.4'_'~'" COUNCIL MEETING MINUTES JULY 26, 2004 TAPE READING Administrator Brown stated that over a period oftime, the architect took a more detailed look at the best placement ofthe facility on this site based on space requirements, location ofthese various functions within the facility, and the topography thereby reducing down the acreage. Mrs. Lucas stated that the original estimates called for 90 parking spaces but the most recent estimate calls for 95 parking spaces and she questioned the need for the increased number of spaces. Administrator Brown stated that he was not sure as to why the spaces increased other than there are a number of parking spaces required for a facility based on zoning, use of the facility, and expected number of employees. These factors were taken into consideration in determining the final number of parking spaces at the facility. Mrs. Lucas stated that in previous memo to the Council, the Administrator stated that there were no funds in the project estimate for the second access to the facility and funds for this access would be obtained from other City sources. She questioned how many dollars are available from other City sources. Administrator Brown stated that he had advised the Council that the City has a reserve fund called the Marion County Sinking Fund which has approximately $225,000 available. The estimate for off-site work is $100,000 but it is dependent upon where the second access is located and ultimate road design but it is hoped that the $200,000 fund balance is sufficient to cover the off-site costs from the boundary of the property out to the connection of the second access such as Commerce Way or Park A venue. He reiterated that the estimates are based on some work done by other individuals interested in developing the property prior to the time the City purchased the property. 1516 Mrs. Lucas referred to a statement in the City Administrator's memo (page 37 of agenda packet) that states that the bond measure would provide funds for construction of related parking facilities. However, the Council Bill and ballot state that bond proceeds will be used to construct parking facilities. She requested that the Council Bill be amended to read ..."construct related parking facilities.." so that it makes it very clear that bond monies are to be used for the police facility. Administrator Brown stated that the language in the Council BiJI and ballot was reviewed by staff and the City's bond counsel, however, it could be changed to insert the word "related". In any event, it is clearly the staffs intention only to use the bond funds for this facility. Councilor McCallum stated that it was his understanding from Chief Russell that most ofthe parking is secured parking and will not be made available to the public. The facility would have a community room available for public use but there will be limited parking spaces available to the public. COX/MCCALLUM... insert the word "related" in the Council Bill so that the sentence reads "...construct related parking facilities".., and this word be inserted in everyplace in the Council Bill and ballot that contains that sentence. Attorney Shields stated that the word would be inserted in the caption, the Whereas clause, Section I, and the ballot summary. Page 4 - Council Meeting Minutes, July 26, 2004 ~-- COUNCIL MEETING MINUTES JULY 26, 2004 TAPE READING On roll call vote, the motion to amend the bill passed unanimously. 1934 Mrs. Lucas questioned the rate per $1,000 this bond measure would cost a taxpayer since it is not included in any of the documents presented to the Council as of this date nor is the amount included in the ballot summary. Administrator Brown stated that he has just received some preliminary numbers today and would be passing the information on to the Political Action Committee for use in their campaign materials. Mrs. Lucas questioned as to why the rate per $1,000 would not be included in the ballot summary since it was her understanding that this amount needed to be disclosed to the voters. Recorder Tennant stated that the ballot does not need to include the rate per $1,000 but it does include language that, if approved, the measure would levy ad valorem taxes on property. At this time, it has not been finalized on the length of the bond issue, interest rate, or annual payment schedule which will effect the rate per $1,000 of assessed value. Administrator Brown stated that staff will be preparing a ballot explanation which will be printed in the Voters Pamphlet and information on the estimated rate per $1,000 will be included in the explanation. Mrs. Lucas has been working on gathering information regarding this project since March and she is willing to work for passage of this measure provided that this project will only benefit the police station and not the community center. Mayor Figley stated that the property was purchased for the Police Facility because of its location but the property has been looked at because of its proximity to a large community wide park. The architect looked at the space and siting needs for the police facility taking security measures into account. With the property located next to an existing park, there are other potential uses for the unused portion of the land none of which are even on the drawing board at this time. With the leftover land and underdeveloped area of Legion Park, a community center could be placed or another facility such as an interpretive center for the Ice-Age flood or expansion and upgrade of Legion Park could be accomplished. All of these projects would require a payback to the police bond for benefits derived from the original improvements such as multiple access, driveway, or utility connections. No decision has been made on where a community center is going to be located with most recent discussions revolving around funding from sources other than a bond. Discussion about park upgrades is in the future but the Council recognizes, because of the location and some available land not being used by the police facility, that the unused land may be utilized as park land. She reiterated that, to the extent that may happen, the bond will be paid back for benefits derived from the original improvement. The bond measure is for the specific purpose of building a police facility. Any payback in the future will be either to pay the police department or to reduce the outstanding bond depending upon what is being done and the legal mechanism for the payback. Mrs. Lucas also questioned if the payback would apply to benefit derived from the second Page 5 - Council Meeting Minutes, July 26,2004 "_.._~.._._._.-.....-- ~ COUNCIL MEETING MINUTES JULY 26, 2004 TAPE READING access that is paid for from funds other than the bond issue. The Mayor stated that payback would be applicable ifthe Park Department assumes any kind of use for the leftover portion of the land. Councilor Bjelland stated that he supported the Mayor's position in regards to the future payback to the bond issue if any ofthe additional land is used for purposes other than police purposes and the use ofthe land utilizes some of the benefits that were constructed by the police bond. Councilor McCallum also agreed with the Mayor's comments and reiterated that this bond measure will provide funds only for a police facility. Councilor Nichols stated that options were looked at for the use of this land and the police facility is a number one priority with the location meeting the needs of the community. Councilor Sifuentez also agreed with the statements made by the Mayor and her fellow Councilors. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2522 duly passed as amended. 2768 RIGHT-OF-WAY AND EASEMENT ACCEPTANCE: SETTLEMIERAVENUE. Staff recommended the acceptance of the right-of-way dedication and permanent utility easement in the amount of $13,698 to facilitate the construction of the Highway 214/Settlemier Avenue intersection improvement project. NICHOLS/LONERGAN... accept the right-of-way dedication and permanent utility easement from Hammack's Markets, Inc.. The motion passed unanimously. 2805 PURCHASE AND SALES AGREEMENT FOR DOWNTOWN PARKING LOT PROPERTY. Staff recommended that authorization be given to execute an agreement with the property owners of a 2,500 square foot parcel of land located within the downtown parking lot adjacent to Hayes Street in the amount of $30,000.00. NICHOLS/MCCALLUM... authorize the City Administrator to execute a Purchase and Sales Agreement and all other related documents needed to purchase County Assessor's Parcel #51 W18AB2800. The motion passed unanimously. 2870 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's Approval of Design Review 03-19 and Variance 04-02 (Long Brothers): Approval of construction of an 8,610 sq. foot industrial storage building on property located at 130 Birds Eye Avenue. No action was taken by the Council to review the Commission's final order. 2896 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that there will be an executive session scheduled for the next regular meeting for the purpose of conducting the City Attorney's annual performance Page 6 - Council Meeting Minutes, July 26,2004 .._.-< -~."'-"' .._..__._,....__._-~----~."'_.._--_.~.~.. COUNCIL MEETING MINUTES JULY 26, 2004 TAPE READING evaluation. A copy of the job description and evaluation forms will be distributed to the Council within the next few days so that the Council can complete their evaluations before the next meeting. 2965 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez questioned if some action could be taken to provide a safer pedestrian crossing across Highway 214 from Park Avenue across to the Salud Medical Center. City Administrator Brown stated that this issue has been brought up before ODOT in the past but the traffic studies they have done indicate that the intersection does not meet their warrant standards. He is, however, hopeful that the recent expansion of the Salud Medical Clinic, along with the potential construction of a police facility, will generate a higher traffic count in that area thereby meeting the warrant standard which would then allow for ODOT consideration of the intersection for installation of a traffic light. Councilor Sifuentez stated that she realizes staff has been trying to get ODOT to make that intersection safer, however, pedestrian safety is important and there is no designated crosswalk or traffic light to give pedestrians a chance to cross the roadway. Councilor Bjelland stated that it was his understanding that the traffic volume turning off of Highway 214 at the intersection is the warrant that needs to be met. Pedestrian traffic can be considered but there needs to be a way to count the pedestrian traffic. Councilor Cox suggested that a flashing yellow light and a painted crosswalk be installed to alert motorists of the pedestrian crossing. Administrator Brown stated that an ODOT staff member had suggested the installation of a median refuge similar to what is located at the high school, however, City staff does not feel that the median is the best solution to this problem. Staff has not discussed a flashing light yet with ODOT nor a painted crosswalk but staffwill proceed with discussing this with ODOT. Over the years, City staff and Salud Medical Clinic has sought for a traffic light at the intersection to create the safe situation for traffic and pedestrian travel. Public Works Manager Rohman stated that there are 12 different warrants that ODOT looks for and only one warrant needs to be met to determine if a signal is warranted at the intersection. He has not looked at the details ofthe last study which was done in September 2003 but will review the data the next time he is in the Salem ODOT office. Councilor McCallum suggested that a Council Resolution or letter of concern might be forwarded to ODOT requesting that they look closely at this situation since pedestrian safety is a major concern. Administrator Brown stated that staff is also working with ODOT for additional funding to construct a sidewalk on the north side of Highway 214 east from the high school to the Salud Building. Extension of the sidewalk will alleviate some of the trips across the highway but there will continue to be a need to have a crosswalk at the Park Avenue intersection. Councilor Nichols questioned if the City had utilized college students in the past to sit on the 1-5 overpass with clickers to count traffic and, if so, was there a grant involved to accomplish this task. Page 7 - Council Meeting Minutes, July 26, 2004 ""--"---'-""-- _.~--,_..._..-.-,._,~.- _._,-~."","--"-_.' COUNCIL MEETING MINUTES JULY 26, 2004 TAPE READING Director Tiwari stated that staff will explore the possibility of getting local college students to participate in a project that would count pedestrian and vehicular traffic at the Park Avenue intersection. 4275 Councilor McCallum requested an update on the Boones Ferry Road project. Director Tiwari stated that the major portion of the project will be completed by the time school starts with some landscaping and minor items to do after the first part of September. The undergrounding project is taking longer than anticipated but PGE has indicated that they are almost done. Councilor McCallum stated that a majority ofthe Fire Station remodeling project is complete and it is a very nice looking facility. He reminded the Council that the Chamber Forum will be August 19th at the Fire Station and he encouraged the Councilors to attend the Forum and tour the facility. Councilor McCallum also stated that he had an opportunity to spend an evening with the Police Department on a Ride-a-Long and witness a number of situations that the officers had to respond to. He encouraged the public to close their garage doors before retiring for the night in order to prevent the loss of their property during the night. The Police Officers will either call the homeowner or knock on their door during the middle of the night to alert them of the open garage door. Mayor Figley thanked all ofthe volunteers and City staff who helped make the Bassett games a success. She also stated that she is looking forward to the Fiesta parade and National Night Out. 4679 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS I 92.660(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 8: 14 pm and reconvened at 8:28 p.m.. 4745 Mayor Figley stated that no decisions were made by the Council while in executive session. ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The meeting adjourned at 8:29 p.m.. APPROV / ATTEST /Jl<'1t-r~--:--\ Mary Tenn t, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, July 26,2004 _______.......H.....__~ uo _',' _~.__.~__.,.~__~_" Executive Session COUNCIL MEETING MINUTES July 26, 2004 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 26, 2004. CONVENED. The Council met in executive session at 8:16 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, Public Works Director Tiwari, City Recorder Tennant Press: John Gervais, Woodburn Independent The executive session was called under the following statutory authority: I) to conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(1 )( e); and 2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(1); ADJOURNMENT. The executive session adjourned at 8:27 p.m.. ATTEST /ll c:i--~~~~"-~. Mary Ten t, Recorder City of Woodburn, Oregon Page 1 _ Executive Session, Council Meeting Minutes, July 26, 2004 _.,.,_.___.__.o~ - ~