Loading...
Minutes - 06/28/1999 COUNCIL MEETING MINUTES JUNE 28, 1999 TAPE READING 0001 DA TE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 28, 1999. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0005 ROLL CALL. Mayor Councilor Councilor Counci lor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley Kilmurray Pugh Sifuentez Present Present Present Present Absent Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park & Recreation Director Westrick. Police Lt. Null, Finance Director Gillespie, Library Director Sprauer, Public Works Manager Rohman, Management Analyst Smith, WWTP Superintendent Sinclair, City Recorder Tennant 0021 ANNOUNCEMENTS. A) Retirement Reception: The public is invited to attend a reception for Leonard Van Valkenberg on Wednesday, June 30'" City Hall Council Chambers, between 2:30 pm and 4:30 pm. Mr. Van Valkenberg has been an employee of the City for 42 years serving in his most current position as Street Superintendent for many years. B) Drums of Fire Band Competition and Show: This event will be held on Thursday, July I ", at Legion Field from 5:00 pm to 10:00 pm. C) July 4'" Celebration: The Chuckwagon Breakfast will be held at Legion Park between 6:00 am and II :00 am. Following the breakfast, the community celebration will begin at ] 2:00 noon and continue until after the fireworks display at the Woodburn High School athletic field. The public is encouraged to attend both ofthese local events. D) City Office Closures: City offices and the Public Library will be closed on Monday, July 5"" in observance of the July 4th holiday. 0061 PRESENTATION: WOODBURN SCHOOL DISTRICT. Dr. Jack Reeves. Superintendent, expressed his appreciation to the Council for giving them this opportunity to share with the City information as to what is happening at the School District. He stated that they plan on giving presentations on a periodic basis to the City in an effort to improve communications between the Board and Council. He also Page I - Council Meeting Minutes, June 28,1999 ,..- ~_'..'_..'. _.._. '..__.' .,."._.~..".._,. ..M._.". ,,,~~..,,__>._._',"_._.__ .... .._."_~__ . 1 COUNCIL MEETING MINUTES JUNE 28, 1999 TAPE READING stated that Councilor Sifuentez has been attending the Board meetings and is serving as the Council's liaison to update the Board on what is happening within the City and the effect, if any, on the school system, Bill Rhoades, Vice Principal, gave a presentation on the Schoo] District's program relating to Strategic Planning and a brief overview on Curriculum Management. He stated that the District is working to prepare students for global studies since changes are happening rapidly in our society, The Strategic Plan was developed to provide a ]0 year plan which is built on core principles, values, and beliefs that will continue to remain in place even in changing times, He provided a brief overview of each principle, value, and belief which include (I) family, (2) equal and inherent value, (3) learning is the key to survival and advancement of the human race, (4) diversity is strength, (5) mutua] integrity, trust & respect, (6) people are accountable for their choices, and (7) a community thrives when members recognize and value their interdependence, An examplc of thc interdependence that people have on each other is the athletic stadium project which will remain as a reminder of all the students and adults who have worked together to build the stadium, He also stated that the School District is in the process of doing a Curriculum Management Audit and a Communication Audit. He stated that the School's Mission Statement is to engage and inspire aI] students to achieve challenging goals and aspirations, and to contribute to a diverse world, Mayor Jcnnings thanked Bill Rhoades and Dr. Reeves for the presentation and suggested that anothcr topic of interest is the new Certificate of Initial Mastery program versus the traditional diploma concept. 0610 WOODBURN DOWNTOWN ASSOCIATION. Mark Wilk, WDA Board of Directors, stated that they are interested in Council feedback on areas of interest the Council has as it relates to their work and activities, He also read their Mission Statement which is to promote the historical and culturally diversed heritage of our community by providing opportunities that will encourage community wide investment in downtown Woodburn, and to encourage ownership of downtown through community participation in creating a beautiful, safe, and economically succcssful City of Woodburn, He stated that the association has a number of highly committed volunteers involved in a number of different projects, Those projects include: I) reaching out to additional downtown businesses to be active members of the Associalion; 2) beautification project which for the planting of numerous trees along Front and First Streets. They have developed an Adopt a Tree program and are encouraging local businesses to regularly water the trees while the WDA will fertilize the trees; 3) sign ordinance project involved their formation of a committee to identify their needs and present them to the Council for consideration; Page 2.. Council Mceting Minutes, June 28, ]999 l" ......'.".. -.'.--..-""' "..'-'-_.~"'---'--' "I' 1 , COUNCIL MEETING MINUTES JUNE 28, 1999 TAPE READING 4) mural project - information being gathered from other local communities regarding ordinances they have on developing downtown murals and doing it an aesthetically pleasing artistic manner; 5) a Neighborhood Watch group will be formed to address safety and security; 6) development of a downtown Saturday Market which will draw more people to the downtown area; 7) providing a dinner or excursion train from Woodburn to Silverton since the Oregon Gardens will be opening up for tourists and this would be an opportunity to link the downtown area to other communities and be an attraction for tourists. 0886 CHAMBER OF COMMERCE REPORT. Steve Goeckritz. Chamber Board representative, informed the Council on upcoming events: I) July 4th activities are happening in Woodburn and citizens are encouraged to participate, 2) Business after Hours will be held on Thursday, July 8th, Holiday Inn Express, at 4:30 p.m.; 3) on July nnd, Business after Hours will be held at the Woodburn Drag Strip with 'Chamber At The Drags'. He stated that Executive Director Jane Kanz has put out a challenge to the Mayor for this annual event and Hershberger Motors will be providing the vehicles. 0950 PRESENTATION: TREE AWARD. Al Toquini, Oregon Urban Community Forestry Council Board of Directors member, stated that the Council was formed in 1991 to encourage urban and community forestry in the State of Oregon. They have a membership of about 250 people from Oregon that are members of organizations that deal with community trees, governmental agencies, and service providers. They have an annual awards program to recognize efforts by individuals, civic, government. partnerships, school projects, and the Oregon Tree City of Year awards. A nomination was presented to their awards committee from Steve Goeckritz and their Board was impressed with the project which was completed in the downtown area. The awards committee felt that this project was worthy of both the partnership and civic awards due to the level of committment that was evident in the presentation. The awards committee also felt that the following individuals were deserving of specific recognition: Beverly Koutney (WDA), Leonard Van Valkenberg (Street Superintendent), Dallas & Kathy Figley (WDA), and Matt Smith (City's Management Analyst). Accepting the award was Kathy Figley, Bev Koutney, and Matt Smith. 1169 PRESENTATION - SEWER USE ORDINANCE IMPLEMENTATION. Frank Sinclair, Wastewater Superintendent, stated that the City had approved the Sewer Use Ordinance on August 26,1996 which was a requirement by DEQ and the EPA as part of the City's wastewater discharge permit. He reviewed the various documents and Page 3 - Council Meeting Minutes, June 28, 1999 ~ COUNCIL MEETING MINUTES JUNE 28, 1999 TAPE READING programs which have been developed to provide for implementation of the ordinance. One of thc programs was the Enforcement Response Plan which must be certified by the City beforc it bccomes effective. The plan has been approved by DEQ and the EPA and is now rcady for the City to certify. He summarized the components of the plan which include both administrative enforcement and judicial enforcement activities. Administrative orders are issued from the Wastewater Treatment Plant and consist of a Consent Order. Cease & Desist Order, Compliance Order, and Show Cause Order. Fines are assessed at the time the orders are issued and the fine amount is outlined in the plan. He stated that the fines range from $50 to $1,000 depending on the degree of violation. He also stated that DEQ and EPA generally consider administrative fines as a positive reflection of the City's commitment to enforce the pre-treatment requirements. Director Tiwari stated that the City considers the environment activities as a serious issue and staff is doing the best they can under the regulations approved by the Council. Councilor Bjclland questioned as to how long the Enforcement Response Plan has actually bccn implemented. Dircctor Tiwari stated that the ordinance has been in place since 1996 and he will be signing the Enforcement Response Plan tomorrow. He wanted the Council to be aware of the range of fines that will be implemented as a result of violations. 1700 LETTEI{ FROM CONCERNED BUSINESS OWNERS OF HIGHWAY 214. Mayor Jennings stated that the City had received a letter from the group thanking the City for their understanding of the concerns of business owners affected by the median as proposed by the State which would extend from 1-5 to Oregon Way. 1730 CONSENT AGENDA. A) Council Minutes of June 14, 1999; B) Recreation and Park Board minutes of June 8, 1999; C) Planning Commission minutes of June 10,1999; D) World Berry Center museum minutes of June 9,1999; and E) City insurancc rcncwals for 1999-2000. FIGLEY/PUGH... consent agenda be adopted as presented. The motion passed unanimously. 1758 COUNCIL BILL 1971- ORDINANCE ADOPTING A BUDGET FOR FISCAL YEAR 1999-2()()(), MAKING APPROPRIATIONS. AND LEVYING TAXES. Council Bill 1971 was introduced by Councilor Chadwick. Finance Director Gillcspie stated that the public hearing on the 1999-2000 budget was held on J unc 14'11 and following this hearing, minor changes were made to the upcoming budget in order to transfer funds between special revenue funds. He also briefly reviewed the staff memo which highlighted changes made following the Budget Committee's Page 4 - Council Meeting Minutes, June 28, 1999 r ....-.....".....-.".'."'...--.......-.......- T I . COUNCIL MEETING MINUTES JUNE 28, 1999 TAPE READING budget approval. 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 1971 duly passed with the emergency clause. 1932 COUNCIL BILL 1972 - RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIA TIONS WITHIN A FUND DURING FISCAL YEAR 1998-99. Councilor Chadwick introduced Council Bill 1972. The bill was read by title only since thcrc were no objcctions from the Council. On roll call vote for final passage, the bill passcd unanimously. Mayor Jennings declared Council Bill 1972 duly passed. 1975 COUNCIL BILL 1973 - RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 1998-99. Council Bill 1973 was introduced by Councilor Chadwick. Recorder Tennant read the bill by title only sincc there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1973 duly passed. 2005 COUNCIL BILL 1974 - RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES DURING FISCAL YEAR 1999-2000. Coul1cilBill 1974 was introduced by Councilor Chadwick. The bill was read by title only sincc thcrc were no objections from the Council. On roll call vote for final passage, Council Bill 1974 passed unanimously. Mayor Jennings declared the bill duly passed. 2038 COUNCIL BILL 1975 - RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF PROPERTY LOCATED NORTH AND SOUTH OF H1GHW A Y 214 AND EAST OF FRONT STREET. Councilor Chadwick introduced Council Bill 1975. 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 1975 duly passed. 2071 REOUEST FOR STREET CLOSURE: ALEXANDRA COURT 4TH OF JULY PARTY. Thc rcsidcnts of Alexandra Court requested permission to close their street between the hours of 10:00 am and II :00 pm for the purpose of holding their annual 4th of July neighborhood party. Staff rccommended that the request be approved. FIGLEY/SIFUEl'iTEZ... approve the street closure for Alexandra Court on July 4, 1999 from 10:00 am to 11:00 p.m.. The motion passed unanimously. Page 5 - Council Meeting Minutes, June 28,1999 ?...- - .-,~._- ~~... 1""'-'"'" ,__._.,~..~ e,_"_._,,_" "._,~-,-,_._~.~,- ~._.._- " ~ . ~ COUNCIL MEETING MINUTES JUNE 28, 1999 TAPE READING 2083 REOUEST FROM DRUMS OF FIRE FOR SPECIAL EVENT PERMIT. EXTENSION OF CITY INSURANCE. SOUND PERMIT. AND STREET CLOSURE. A written request was submitted by Drums of Fire, Inc. requesting Council action on the following items relating to the Drums of Fire Band Competition at Legion Field: 1) issuance of a sound amplification permit for July 1st between the hours of 5:00 pm and 10:00 pm; 2) extend city liability insurance coverage for this event since the City is a co- sponsor; 3) allow waivcr of insurance requirements included in the Parks Special Events permit; and 4) strcct closure of Park Avenue between Alexander St. and James Street betwccn the hours of 5:30 pm to 10:00 p.m.. Staff recommended that the Council approve the requests for this annual event. FIGLEY/PUGH... authorize Recreation & Parks Director to sign the special events park use permit for the 1999 Drums of Fire competition at Legion Park; authorize an event co- sponsorship package that includes a no fee permit and inclusion within the City's insurance coverage: authorize closure of Alexander Ave. between Park Ave. and Tierra Lynn and closure of Park between Alexander & James between 5:00 pm and 10:00 pm on July I"; and authorize use of sound amplification equipment for July I, 1999 between 5:00 pm and 10:00 p.m.. The motion passed unanimously. 2154 REOUEST FOR INSURANCE COVERAGE AND SOUND AMPLIFICATION PERMIT: .TUL Y 4TII CELEBRATION. Stall recommended approval of the request submitted by the Fourth of July Celebration Committee to extend the City's liability insurance coverage for this event and for the isstl:lncc of a sound amplification permit. He; LEY/PUGH... authorize extension of the City's liability coverage and authorize issuance of a sound amplification permit for the annual4'h of July Celebration on July 4, 1999 at Woodburn High between 10:00 am and 11:00 pm.. The motion passed unanimously. 2166 SOUND AMPLIFICA nON REQUEST: IGLESIA de DIOS ESMIRNA CHURCH. Stall recommendcd issuance of a permit to the Church on July 2 and 3, 1999, for an outdoor program thcy will be having at their Church located at 1530 Mount Hood Avenue. FIG LEY /SIFUENTEZ... allow the use of sound amplification for the Iglesia de Dios Esmirna Church on Friday July 2"d and Saturday, July 3'd, between 5:00 pm and 8:00 pm. The motion passed unanimously. Mayor Jennings statcd that the original request included July 4'h, however, the Church has withdrawn that date from their request. Page 6 - Council Meeting Minutes, June 28, 1999 T- .-_....~.~. ..., - ~'T""-~ ~-..,_.,."--.._.~.,- ~",..._----~.."--~.". .. I COUNCIL MEETING MINUTES JUNE 28, 1999 TAPE READING 2215 BID #99-14: CONTRACT AWARD FOR WWTP MAINTENANCE BUILDING INTERIOR FRAMING. Bids were received from the following contractors for the interior framing and finish work on the maintenance building: Ruffin Construction, $84,712.00; New Hope Builders, $87.480.00; Magno Pacific, $91,850.00; PHI Construction, $10 1,500.00; J & L Construction, $110,750; and Emerald Engineering, $119,600.00. Staff recommended the acceptance of the low bid which was approximately 35 % below the engineer's estimate. PUGH/FIGLEY... award the construction contract to the lowest bidder, Ruffin Construction Co., for the interior framing and finish work on the Wastewater Maintenancc building in the amount of $84,712.00, bid #99-14. The motion passed unanimously. 2235 BID NO. 99-27: CONTRACT AWARD FOR VANDERBECK WASTEWATER SYSTEM. Bids for the installation of a new pump station were received from the following contractors: Kerr Contractors. Inc., $667,211.00; S-2 Contractors, $720,560.00; W.A. Jones. $888,258.00; Moore Excavation, $889,572.00; Emery & Sons Contractors, $1.055,367.00; Earthworks, Inc., $1,209,373.00; and Stanley Contracting, $1,639,656.50. Staff recommended acceptance of the low bid which was approximately 18% below the engineer's estimate of 5819,000.00. FIGLEY/PUGH... low bid from Kerr Contractors in the amount of $667,211.00 be accepted. The motion passed unanimously. 2334 COUNCIL BILL 1976 - ORDINANCE ESTABLISHING A PROCESS FOR THE FORMATION OF A REIMBURSEMENT DISTRICT FOR BENEFITTING PROPERTIES OF THE CONSTRUCTION OF PUBLIC IMPROVEMENTS REOUlRED OF CRAIG REALTY GROUP. WOODBURN LLC. Council Bill 1976 was introduced by Councilor Chadwick. Recorder Tennant read the two readings of thc 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 1976 duly passed with the emergency clause. Mayor Jennings stated that the Council was in receipt of a letter from Stoel Rives LLP which is the attorncy firm representing Craig Realty Group-Woodburn LLC. 2334 PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT #99-01. ZONE MAP AMENDMENT #99-03 - Applicant: Lawrence & Marilvn Paradis. Mayor Jennings declared the public hearing open at 8: 18 p.m.. Recorder Tennant read the land use statemcnt rcquircd under ORS Chapter 197. Mayor Jennings statcd that he has had several conversations with the applicant's attorney, hm\l"ver, it would not have any bearing on his vote in the event he would be required to Page 7 - Council Mceting Minutcs, June 28, 1999 r ._',... ..._......"...." '.'_._H.+.'_.... .._,,_ . _...__._._~____._.._....,_.._~_,...,___~".,."_ 11 I ~ TAPE READING COUNCIL MEETING MINUTES JUNE 28, 1999 votc on this matter. Director Goeckritz hriefly rcviewed the staff report before the Council. He stated that this property abuts thc south city limits and is within the City's Urban Growth Boundary. The applicant is requcsting that there be an amendment to the City's Comprehensive Plan map from high density residential to commercial. The property involves approximately 4.91 acres and the property owner would like to utilize the property as a mini-storage facility. Since this property is currently outside the city limits, the application was submitted to Marion County. The Marion CountylWoodburn Urban Growth Boundary agrccment requires both jurisdictions to review land use requests. A request has also becn madc to changc the zone from commercial retail to commercial general which would allow for the mini-storage facility. He stated that the property is located just north of the existing Auction Yard and the property had been granted a variance from the County for expanded commercial use allowing for the storage and sale of used farm equipment and implcments on Auction Yard sale days. He stated that staffs recommendation is similar to the County Hearing's officer recommendation, however, he did state that the City did adopt our 1995 Comprehensive Plan ordinance in 1996. Staff recommended that the Council approve the applicant's request to amend the Comprehensive Plan map with a recommendation to the Marion County Board of Commissioners that the zone change from Commercial Retail to Commercial General be subject to the conditions of approval as stipulated in the hearings officer report. Brief discussion was held regarding designation of undeveloped property within the city and urban growth boundary. Director Goeckritz stated that the Buildable Lands Committee will bc prcsenting a recommendation to the Planning Commission and Council on this issue. Bob Engle, attorney representing Lawrence and Marilyn Paradis, stated that this is an unusual application beforc thc Council since it involves dual jurisdiction. This particular projcct involves the building of mini-storage units and inside RV storage. This type of project does not rcquirc city serviccs which is why it is not being annexed at this time. A limited use overlay is being proposed which limits the use of this property to the mini- storage and RV storage facility. Brief discussion was held on the process that needs to be followed as per the Urban Growth Boundary agreement. He requested that a City Resolution be submitted to the Marion County Commissioners who, in turn, will adopt an ordinance. It will then return to the City for an ordinance to change the Comprehensive Plan. Councilor Pugh exprcsscd concern regarding this property becoming an island in the future if it is not anncxed at this time. Mayor Jennings stated that thc if the property becomes an enclave, then the City can anncx the property wi thout thc consent of the property owner. Discussion was held on the next step of this process. Attorney Shields suggested that the Page 8 - Council Meeting lVlinutcs. June 28,1999 T ~. r ....-. "-_._^'~-~-~-_.,._-_._'-~--~._-- 1 COUNCIL MEETING MINUTES JUNE 28, 1999 TAPE READING Council finish the puhlic hearing process and then direct staff to bring back the appropriate document to be forwarded to the County. Attorney Engle staled that the County will not set a public hearing until such time as the City Council sends a document approving the application. Attorney Engle also read exception # 13 into the record which addressed the issue of limited use overlay to allow only mini-storage and RV storage inside. Tape 2 No one in the audience spoke either for or against the application. Mayor Jennings closed the public hcaring at 8:40 p.m.. FIGLEY/PUGH... approve the requcst to amend the Comprehensive Plan Map from high density residential to commercial and instruct staff to prepare findings and conclusions to substantiate that decision, and to recommend to the Marion County Board of Commissioners that a zonc change from Commercial Retail to Commercial General subject to the conditions of approval as stipulated in the hearing's officer report case numbcr: zone change, comprehensive plan #98-13 dated January I, 1999. The motion passed unanimously. 0246 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that Chief Wright will be retiring July 31" and, as provided for by the Charter, he has the authority of appointing a new Chief with the endorsement of thc Council. Lt. Null has the qualifications to move into the Chief's position and he is currcntly negotiating a employment contract with Lt. Null. It is anticipated that a contract will be brought back before the Council at the next meeting for their approval. 0366 MAYOR AND COUNCIL REPORTS. Councilor Figley encouraged the public to attend the 4th of July activities to be held at the high school beginning at 12:00 noon and concluding with a fireworks display. City Attorney Shields stated that thcre was no longer any need to hold an Executive Session. 0400 ADJOURNMENT, FIGLEY/PUGH... mceting bc adjourned. The meeting adjourned at 8:48 p.m.. APPROVED~"~",~ ~ R HARDJ~AYOR ATTEST ~CJ~::;~ City of Woodburn, Oregon Page 9 - Council Meeting Minutes, June 28, 1999