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Minutes - 09/28/1998 COUNCIL MEETING MINUTES September 28, 1998 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 28, 1998. CONVENED. The meeting convened at 7:00 p.m. with Council President Jennings presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Absent Present Present Absent Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Recreation & Park Director Westrick, Finance Director Gillespie, Library Director Sprauer, Intern Administrative Asst. Smith, City Recorder Tennant 0022 MINUTES. FIGLEY/PUGH... approve the regular and executive session Council minutes of September 14, 1998 and the special Council meeting minutes of September 19, 1998; and accept the Planning Commission minutes of August 27, 1998 and Woodburn Human Rights Commission minutes of August 17, 1998 as presented. Council President Jennings stated that, in regards to the Planning Commission minutes, the staff make a concerted effort to have the most recent minutes available to the Council in the agenda packet so that Council has the full information on the Commission's actions prior to the date and time of hearings before the Council. The motion passed unanimously. 0060 PROCLAMATION - "HANDS ARE NOT FOR HURTING WEEK". Council President declared the week of October 18 - 24, 1998 as "Hands Are Not For Hurting Week". Page 1 - Council Meeting Minutes, September 28, 1998 ...-- '"' , COUNCIL MEETING MINUTES September 28, 1998 TAPE READING 0096 CHAMBER OF COMMERCE REPORT. Randy Saunders, Chamber representative, invited the Council to attend the following events: I) Regional Transportation Meeting at the Woodburn Medical Center, September 29th at 8:00 a.m., for the purpose of bringing together business people from Woodburn, Mt. Angel, & Silverton to discuss transportion/traffic issues in our area; and 2) Chamber After Hours will be held at the All-State Insurance office in Northwood Office Park on October 8th, beginning at 4:30 p.m.. He also informed the Council that the September 24th Business Showcase had a good turnout from the public and there was good participation from local businesses. 0139 Council President Jennings spoke briefly on the Transportation workshop scheduled for September 29th. The workshop will be held from 8:00 am to 10:00 am and will be facilitated by two individuals for the purpose of getting a consensus of how many business people between Silverton, Mt. Angel, and Woodburn are interested in buying into a program. No definite programs will be addressed at this workshop. 0167 LETTER FROM WOODBURN DOWNTOWN ASSOCIATION (WDA). The WDA has received a grant from the Oregon Dept. of Forestry for the purpose of removing a number of flowering plum trees in the downtown area and replacing them with Karpick Maple trees which have a more upright slender growth. Councilor Figley stated that this variety of maple trees does provide a more vertical growth pattern which will be less likely to obstruct signage and does not bear fruit like the flowering plum trees. 0205 LETTER FROM WOODBURN COMMUNITY ACCESS TELEVISION (WCAT): Included in the agenda packet was a letter from Jerry Cotter, WCAT Volunteer President, addressing concerns the Council had previously expressed regarding reliability of WCA T volunteers to tape City Council meetings. Jerry Cotter appeared before the Council to let the Council know why there was no one from WCA T taping the last Council meeting. In this particular case, an individual had not checked the equipment back to the assigned location at the appointed time so that the volunteer could take the equipment down to City Hall for taping. He stated that WCA T has been negotiating with DirectLink for money in lieu of services since the franchise agreement does require the franchise to supply 15 hours of week of staff time to WCA T. The money provided by DirectLink will allow WCA T to hire a part-time employee to work up to 16 hours a month with the responsibility to coordinate volunteers. Meeting coverage has been expanded to include the School Board, Fire Board, etc. and will eventually cover more meetings at City Hall. He assured the Council that WCAT is very Page 2 - Council Meeting Minutes, September 28, 1998 COUNCIL MEETING MINUTES September 28, 1998 TAPE READING serious about covering Council meetings but technical and people problems have contributed to lack of coverage in the past. Councilor Pugh expressed his appreciation for the input provided by Mr. Cotter since he was very upset at the last meeting about the lack of television coverage. 0335 PUBLIC HEARING - ZONE CHANGE #97-08 FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL GENERAL AND SITE PLAN REVIEW #98- 10 (Pronertv Located at 1605 E. Lincoln Street). Council President Jennings stated that this zone change and site plan review pertains to a proposal to build an elderly care center. Since the Planning Commission has not yet accepted a final order on this issue, he stated that it would be inappropriate for the Council to open the hearing at this time. PUGHlFIGLEY.... direct staffto re-notice Zone Change #97-08 and Site Plan Review #98-10 for a public hearing on October 26,1998 at 7:00 p.m.. The motion passed unanimously. 0383 PUBLIC HEARING - BOONES CROSSING PLANNED UNIT DEVELOPMENT ANNEXATION #97-08. ZONE CHANGE #97-12. CONDITIONAL USE #97-03. V AffiANCE #97-12. AND PLANNED UNIT DEVELOPMENT #97-03. Council President Jennings stated that the Commission has not yet adopted the final order on this development, however, the public hearing on the annexation was noticed for this meeting and, by law, that part of the hearing needs to be opened. He then declared the public hearing on annexation #97-08 open at 7:08 p.m.. FIGLEY/PUGH.... public hearing on annexation #97-08 be continued to October 26, 1998 at 7:00 p.m.. The motion passed unanimously. 0430 FIGLEYIPUGH... direct staff to notice public hearing on zone change #97-12, conditional use #97-03, variance #97-12, and PUD #97-03 for October 26,1998 at 7:00 p.m.. Council President expressed his personal opinion that he did not like combining all of the different types of land use actions into one package unless it can be broken apart and looked at as individual items. He also reminded the Councilors that they can talk to the staff on these two issues pending before the Council and it is not considered as ex-parte contact. As a courtesy to the Administrator, Councilors should contact Administrator Brown before discussions are held with other staff members. The motion passed unanimously. Page 3 - Council Meeting Minutes, September 28, 1998 r .. l!1 , ......-..-.,.._._~~.._-~ COUNCIL MEETING MINUTES September 28, 1998 TAPE READING 0514 COUNCIL BILL 1929 - RESOLUTION APPROVING THE AMERICAN FEDERATION OF STATE. COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) COLLECTIVE BARGAINING AGREEMENT. Councilor Chadwick introduced Council Bill 1929. Recorder Tennant read the bill by title only since there were no objections from the Council. Council President Jennings expressed his opinion that the 3% COLA adjustment should be given to all non-represented employees including Administrator Brown. He stated that the Administrator's contract does provide for the same benefits as other employees. He recommended that the Administrator should be added to the list of those employees who will be getting the 3% COLA effective October 1 ,to Councilor Pugh stated that it should also apply to the City Attorney. Council President Jennings stated that our contract with Attorney Shields specifically provides for COLA adjustment whenever an adjustment is given to other non-represented employees. Brief discussion was held regarding the COLA adjustment versus merit pay based upon performance. It was noted that the contract with Administrator Brown does provide for annual salary review and that his salary is not included on the matrix schedule. Attorney Shields brought to the Council's attention that the issue being discussed is related to Council Bill 1930 which is the next item on the agenda. He suggested that once Council Bill 1930 has been introduced and read, the Council could make a motion to add the COLA adjustment to the Administrator's salary. On roll call vote for final passage, the bill passed unanimously. Council President Jennings declared Council Bill 1929 duly passed. 0750 COUNCIL BILL 1930 - RESOLUTION ADOPTING MANAGEMENT AND NON- UNION SALARIES. Councilor Chadwick introduced Council Bill 1930. The bill was read by title only since there were no objections from the Council. PUGHlFIGLEY... amend the Council Bill to include the Administrator in a COLA proVISIOn. Attorney Shields suggested that the Council vote on the Resolution and then make a separate motion for the COLA adjustment since the Administrator is covered by a separate agreement. The motion and second were withdrawn. On roll call vote for final passage, the bill passed unanimously. Council President Jennings declared Council Bill 1930 duly passed. PUGHlFIGLEY... incorporate the City Administrator into the 3% COLA provision. The motion passed unanimously. Page 4 - Council Meeting Minutes, September 28, 1998 ^'-- COUNCIL MEETING MINUTES September 28, 1998 TAPE READING 0865 AUTHORIZE RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) GRANT FUNDING FOR FISCAL YEAR 1998-99. RSVP has been awarded a continuation grant from the Corporation for National Service in the amount of $46, 11 0 for fiscal year 1998-99. FIGLEY/PUGH.... the Mayor or Acting Mayor be authorized to sign the attached grant concerning the RSVP funding for 1998-99. The motion passed unanimously. 0893 VENDOR SELECTION FOR CITY PHONE SYSTEM. FIGLEY/PUGH... American Telephone Technology Inc. be selected as the vendor for installation of a PBX with integrated voice mail for the new city telephone system. Finance Director Gillespie stated that the City had received a number of good proposals. Following an in-depth review, American Telephone Technology was selected based on lowest cost, technical support, training, voice mail system, and telephone sets. The current telephone system was last made 12 years ago and no replacement parts for our existing system have been manufactured over the last 2 years. Councilor Pugh expressed concern over not putting a limit on the expenditure for the new system. He realized that costs will be adjusted once the project does commence, however, he felt uncomfortable with approving an open-ended contract. Director Gillespie stated that he felt it was reasonable to expect change orders and did not object to the placement of a cap on expenditures. FIGLEY /PUGH... amend the motion to add a clause for an amount up to and including $146,000.00. The motion to amend passed unanimously. The motion as amended passed unanimously. 1044 CONTRACT AWARD - RESURFACING OF KING WAY. NEWPORT WAY. AND SETTLEMIER AVENUE. Bids were received from the following contractors: Salem Road & Driveway, $72,410.50; Morse Bros., $73,785.00; North Santiam Paving Co., $84,992.50; and D & D Paving, $89,862.25. Staff recommended the acceptance of the low bid which was 5% below the engineer's estimate of$76,050.00. FIGLEY/SIFUENTEZ.... low bid from Salem Road & Driveway for the King Way, Newport Way, and Settlemier Ave. concrete overlay in the amount of $72,410.50 be accepted. Council President Jennings questioned if the overlay for this project is the same as the one done in the Johnson Addition earlier this year. Director Tiwari stated that this overlay would be 1 \1," thick rather than 3/4" thick since these streets are more deteriorated and Settlemier Ave. is a designated arterial street. The motion to award the contract passed unanimously. Page 5 - Council Meeting Minutes, September 28, 1998 .,. " .,.........-,.._,.~"--,.,,-_...-._-~"._,..__..,.._~.,_.__. -'-~_.-....' COUNCIL MEETING MINUTES September 28, 1998 TAPE READING 1108 Jeanine Hohn introduced herself as the new reporter for the Woodburn Independent. She stated that she was looking forward to working with the Council. 1140 STAFF REPORTS. A) Update on Employee Retirement Program B) November 3, 1998 Ballot Measures 56 and 65 -In a brief memo from Attorney Shields, he brought to the Council's attention Ballot Measure 56 which provides more stringent land use notice requirements, and Ballot Measure 65 which amends the Oregon Constitution to permit the filing of a petition on any state administrative rule. C) Appeal Deadline for Woodburn Company Stores - The appeal period for this land use application ended on September 23, 1998. Council President Jennings stated that, according to developer Steve Craig, the tentative grand opening dates are June 24 - 26, 1999. 1198 CITY ADMINISTRATOR'S REPORT. Administrator Brown reminded the Council that the annual League of Oregon Cities conference will be held November 6 - 8,1998 in Portland. He requested that Councilors interested in attending the conference contact his office within the next few days. Council President Jennings suggested that, due to backup of traffic as a result of the 1-5 bridge painting, hotel rooms be reserved for conference attendees so that they do not have to worry about traffic congestion. Councilors interested in staying over during the conference need to contact the City Administrator by Friday. A workshop has been scheduled for October 19'h, 7:00 p.m., City Hall Council Chambers, to discuss a proposed ordinance regarding increased citizen involvement. Administrator Brown also stated that he had received a letter from the Monitor Seventh Day Adventist Church requesting permission to go door to door in Senior Estates during the month of October between 10:00 am until 5:30 pm. It is his understanding that they have been allowed to canvass the City's residential areas in previous years excercising their constitutional right to distribute religious material. Unless the Council has objections, he will send a letter to the church granting them permission to go door to door in October. Councilor Pugh questioned ifthe Senior Estates Board had established some specific guidelines regarding solicitation. Preston Tack stated that he was unaware of any specific guidelines, however, they have stated that door to door solicitation must be approved by the City. Page 6 - Council Meeting Minutes, September 28, 1998 ...., T .._~ COUNCIL MEETING MINUTES September 28, 1998 TAPE READING Council President Jennings requested that a letter be sent to the Senior Estates Board informing them that the City has granted the Monitor Seventh Day Adventist Church permission to solicit within the City. Following a brief discussion on right to distribute religious material, Attorney Shields stated that the basic law is that if they are a church and are not soliciting funds, they have a constitutional right to go door-to-door. Administrator Brown stated that he would send a letter to the church granting permission for the door-to-door solicitation with a request that they delay the start date by a few days, and send a letter to the Senior Estates Board informing them of the Council's action. 1485 MAYOR AND COUNCIL REPORTS. Councilor Figley stated that after traveling to Europe earlier this month she was happy to be home. Councilor Pugh questioned the status of the right in/right out traffic pattern at the intersection of Lawson Ave. and Highway 214. Public Works Director Tiwari stated that staff has been coordinating this traffic pattern flow with the State Highway Department. Discussions have been held regarding the type of divider unit, if any, should be placed at the intersection. One type of divider unit under consideration is a "pork chop" similar to what is located near Safeway. Director Tiwari stated that he will instruct staff to install a sign on Lawson Ave. tomorrow. Discussion was also held regarding widening of Evergreen Rd. to allow truck traffic more area in which to turn their vehicles. Council President Jennings stated that it has always been the intent to force trucks to Evergreen Rd. rather than Lawson Ave.. He felt that the installation of a "pork chop" will help to prevent truck drivers from turning onto Lawson Ave. in addition to directing other motorists to make right turns only. He also reminded the Council and staffthat Mindy Smith, owner of McDonald's, is willing to put up directional signs on her property but he feels that the cost of the signs should be borne by the City. Director Tiwari summarized the action to be taken: I) install the right turn only sign; 2) coordinate further with the State for a "pork chop" to direct traffic to the right; and 3) Evergreen Road project will be brought before the Council at a later date. 1805 Councilor Chadwick mentioned that her son-in-law is receiving a National Honor Award at Washington, D.C., and he is being honored by all of the Chief Justices of the United States. Page 7 - Council Meeting Minutes, September 28, 1998 ~.,.~_.__._".v........... _ . . ---...- COUNCIL MEETING MINUTES September 28, 1998 TAPE READING Councilor Sifuentez thanked the staff for their willingness to meet with her whenever she needs to discuss specific issues that are brought to her attention by citizens. She also stated that she would be taking the Proclamation to MacLaren School for Boys for posting during the next month. Council President Jennings stated that the Mayor had received a letter from the AFSCME Business Representative informing the City that the represented employees had ratified the tentative agreement. The AFSCME representative had also expressed his thanks to the City's bargaining team for their efforts in working on the issues. Council President Jennings expressed his appreciation to the city staff for a job well done. Council President Jennings stated that he had met with Administrator Brown earlier today and expressed to him that he should not feel obligated to continue with the newsletter if he feels comfortable in using an alternative method of keeping the Council abreast of City issues. Councilor Pugh complimented Administrator Brown on the writing he did do in the last newsletter since the information does help him to put things into perspective. 1973 ADJOURNMENT. FIGLEY/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:03 p.m.. APPROVED ~ NANCY A. ATTEST fJl.~%~~ ~+ . Mar{ ennant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, September 28, 1998 .,. -.J , CITY OF WOODBURN 270 Montgomery Street . Woodburn, Oregon 97071 . (503) 982-5222 TDD (503)982-7433 . FAX (503) 982-5244 -------NOTICE------- I, Richard Jennings, the acting Mayor of the City of Woodburn, Oregon do hereby call a special meeting of the Woodburn City Council to be held on Saturday, September 19, 1998 at 10:00 a.m. at Woodburn City Hall, 270 Montgomery Street, Woodburn, Oregon. Dated this It; fI7 day of September, 1998. Ric ard Jennings Acting 0 -------------------------- AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. GENERAL BUSINESS: to consider funding options and approve a contract for Centennial Park Phase I. 4. ADJOURNMENT 1I'!