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Minutes - 11/23/1998 COUNCIL MEETING MINUTES November 23, 1998 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 23, 1998. CONVENED. The meeting convened at 7:00 p.m. with Mayor Kirksey presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Police Chief Wright, Recreation & Park Director Westrick, Finance Director Gillespie, Library Director Sprauer, Intern Administrative Asst. Smith, City Recorder Tennant 0038 PRESENTATION - FENCE PROJECT SURROUNDING MACLAREN SCHOOL. Gary Lawhead, MacLaren School Superintendent, stated that the 1997 legislature had approved funding for upgrading security, including perimeter fences, at the MacLaren and Hillcrest School sites. The planning stage for the MacLaren School project has been in process for almost a year and the initial planning meetings included the Mayor and a representative from the Police Department. The planning stage is near completion and the contractor will soon begin the project construction. Andy Goleigh, Oregon Youth Authority Facilities Manager, stated that the project consists of 8,000 linear feet of fencing at a cost of $1.2 million. The majority of the buildings will be within the perimeter of the fence with only a few farm storage buildings outside of the fenced area. The entrance off of Highway 99E will remain where it is now, however, the entrance to the buildings within the correctional facility will parallel the highway to the north and flow into a new parking area that will be constructed. A new entry building area is being constructed for the purpose of improving the security at the site. The arched fence will be 15 feet tall and will consist of two different types of fencing materials. A ground fabric barrier will be installed 2 feet below ground grade, however, the ground barrier may be replaced with a 5 foot wide sidewalk that has the same effect as the ground barrier. The trees along Highway 99E will be maintained, however, the fence will be visible from the roadway. A new security building will be constructed and all employees and visitors will have to go to this building to be checked Page 1 - Council Meeting Minutes, November 23, 1998 . "...__."H___."' 11 I ..__._~----_._-. ---T COUNCIL MEETING MINUTES November 23, 1998 TAPE READING in. He reviewed the new lighting package that will be installed along the fenced area but they are still working with the contractor to substitute lighting fixtures similar to street type lighting for this project. It is anticipated that work on the roadway will commence in approximately 2 weeks and the building/fencing construction will begin by the first of the year. 0435 WOODBURN DOWNTOWN ASSOC. TREE LIGHTING CEREMONY. Alma Grivjalva, WDA representative, stated that the tree lighting ceremony is scheduled for December 5th. This program will begin at 6:30 pm at the Settlemier House with their Christmas tree lighting followed by the traditional Mexican posada, with a Mariachi band, to the downtown plaza. A traditional ceremony will be held at the downtown plaza beginning around 7:00 p.m.. 0465 UPCOMING OFFICE CLOSURES FOR THE THANKSGIVING HOLIDAYS. City Hall, the Library, and the Community Center will be closed for business on November 26 and 27, 1998. The Woodburn Aquatic Center will be closed on November 26, 1998. Mayor Kirksey also reminded the public that a public open house on the Highway 214 Traffic Alternative Analysis will be on Thursday, December 3'., at the Senior Estates Clubhouse between 3:00 p.m. and 8:00 p.m.. There will be formal presentations at 3:30 p.m. and at 7:00 p.m.. Mayor Kirksey also stated that there is a vacancy on the Salem Area Mass Transit District Special Transportation Advisory Committee and anyone interested in serving on this Committee can contact Public Works Manager Rohman for an application form. Deadline for application submittal is December 8th. 0518 Councilor Sifuentez, staff member at MacLaren, stated that she also has a special project in progress at the school and if anyone would like a tour, she encouraged them to contact her at the school to schedule a tour. Councilor Sifuentez also reminded the public that an appreciation dinner will be held for Mayor Kirksey on December 4th, 6:00 p.m., at St. Luke's Rubis Hall. The cost for the dinner is $6.00 with the proceeds from the dinner going to local charitable organizations. Tickets are available at St. Luke's, City Hall, and at the door. 0565 APPOINTMENTS TO COMMITTEES. BOARDS. AND PLANNING COMMISSION. Mayor Kirksey stated that she has worked with Mayor-elect Jennings to formulate a list of appointments and reappointments that can be made at this meeting so that appointees Page 2 - Council Meeting Minutes, November 23, 1998 ~ I -"-'-'-'---'-' -'-T COUNCIL MEETING MINUTES November 23, 1998 TAPE READING would know of their appointment in advance of the commencement date of their term of office. She recommended the appointment of the following individuals: Term Expiration Budget Committee: (3 year terms) Position #1 - Tony Veliz Corrected - see Position #2 - Bruce Thompson (reappointment) minutes of 12/14/98 Planning Commission: (4 year terms) Position #5 - Claudio Lima (unexpired term) Position #7 - Doeke Gerbracht (reappointment) Position #9 - Royce Young (reappointment) 12/31/2001 12/3112001 12/31/2000 12/31/2002 12/31/2002 Recreation and Park Board: (3 year terms) Position #1 - Lee Ehrens (reappointment) 12/31/2001 Position #2 - Debbie Wolfer (reappointment) 12/31/2001 One position remains vacant on this Board due to a recent resignation. Library Board: (4 year terms) Position #1 - Dorothy Jaeger (reappointment) Position #2 - Barbara Pugh 12/31/2002 12/31/2002 JENNINGSIFIGLEY.... approve the appointments. Councilor Jennings stated that the appointments are effective January I, 1999 except for Claudio Lima whose appointment is effective immediately since he is filling an unexpired term. The motion passed unanimously. Councilor Jennings requested that Mayor Kirksey withdraw a Planning Commission appointment previously made since Mary Schultz has a commitment until June 1999 and will be unable to serve on the Commission until after that date. PUGHlFIGLEY... withdraw the appointment of Mary Schultz to the Planning Commission_ The motion passed unanimously. Councilor Jennings suggested that the new appointees contact staff in advance of the first meeting for an orientation session. 0738 CHAMBER OF COMMERCE. Scott Cummings, representing the Chamber Board, briefly reviewed the upcoming Chamber events: I) Annual Chamber Banquet will be held on December 8th, 6:30 p.m., at Yun Wah's Restaurant; Page 3 - Council Meeting Minutes, November 23, 1998 COUNCIL MEETING MINUTES November 23, 1998 TAPE READING 2) Business After Hours will be held at All American Services, located in the downtown business area, on December lOth beginning at 4:30 p.m.; 3) annual Community Leader's Summit will be held on December 11th at 7:30 a.m. at the Woodburn Medical Center. Councilor Pugh noted that the Chamber Business After Hours had been held at the Glatt House and he wanted the public to be aware that special recognition goes to Doris Derr who was a member of the Glatt House organization but, due to ill health, has moved to another City closer to her family. 0792 Mayor Kirksey stated that the Oregonian newspaper (November 22"d issue) had a well- written article about Woodburn and she congratulated the people involved in getting the information together for the journalist. The article included a community profile and it focused on residential growth and new businesses in the community. Councilor Pugh expressed his appreciation to Ellen Bandelow who spearheaded this movement to obtain some positive publicity for our community. 0856 CONSENT AGENDA. A. Approve the regular and executive session Council minutes of November 9,1998; B. Accept the Library Board minutes of October 28, 1998; C. Accept the Woodburn Museum minutes of November 11,1998; D. Staff report concerning "No Parking" on east Brown Street south of Wilson to Comstock Avenue; E. Staff report concerning "No Parking" on the east side of Settlemier Ave. north of Parr Road approximately 170 feet; F Police Department activity report for October 1998; and G. Building activity report for October 1998. JENNINGSIPUGH... consent agenda be approved. The motion passed unanimously. 0886 PUBLIC HEARING - ANNEXATION #97-08. ZONE CHANGE #97-12. CONDITIONAL USE #97.03. VARIANCE #97-12. PLANNED UNIT DEVELOPMENT #97-03. BOONES CROSSING PLANNING UNIT DEVELOPMENT (Continued from October 26. 1998). Mayor Kirksey continued the public hearing at 7:31 p.m.. Since there are still some questions that need to be answered on this issue, JENNINGSIPUGH... move to continue the public hearing until the second regular meeting of January 1999 (January 25,1999) at 7:00 p.m.. Attorney Shields stated that, procedurally, the Council has requested a supplemental staff report and introduction of documents will occur after the supplemental staff report is presented to the Council. Page 4 - Council Meeting Minutes, November 23, 1998 :Tf I -'---r COUNCIL MEETING MINUTES November 23, 1998 TAPE READING At 7:33 p.m., the Council unanimously passed a motion to continue the hearing to January 25, 1999. 0967 TABLED BUSINESS: COUNCIL BILL 1936 - ORDINANCE ADOPTING THE 1997 OREGON STRUCTURAL SPECIALITY CODE. JENNINGSIFIGLEY.... Council Bill 1936 be removed from the table_ The motion passed unanimously. Councilor Hagenauer introduced Council Bill 1936 and the two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1936 duly passed with the emergency clause. 1027 COUNCIL BILL 1935 - ORDINANCE REMOVING THE EXPIRATION DATE FROM THE WOODBURN HUMAN RIGHTS COMMISSION ORDINANCE. Council Bill 1935 was introduced by Councilor Hagenauer. 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 Kirksey declared Council Bill 1935 duly passed with the emergency clause. 1066 COUNCIL BILL 1940 - RESOLUTION ENTERING INTO A PURCHASE AGREEMENT WITH TSI AMERICAN TELEPHONE TECHNOLOGY. INC.. TO PROVIDE A DIGITAL PBX TELEPHONE SYSTEM. Council Bill 1940 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the Council Bill 1940 passed unanimously. Mayor Kirksey declared the bill duly passed. 1094 COUNCIL BILL 1941- ORDINANCE AMENDING ORDINANCE 2226 (MASTER FEE SCHEDULE) TO ADD NON-RESIDENT LIBRARY CARD FEE. Councilor Hagenauer introduced Council Bill 1941. 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 Kirksey declared Council Bill 1941 duly passed. 1137 COUNCIL BILL 1942 - RESOLUTION GIVING CITY COUNTY INSURANCE SERVICE TRUST NOTICE OF POTENTIAL WITHDRAWAL FROM MEMBERSHIP IN THE SELF-INSURANCE POOL. Council Bill 1942 was introduced by Councilor Hagenauer. 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 Kirksey declared Council Bill 1942 duly passed. Page 5 - Council Meeting Minutes, November 23, 1998 '1 I -~ COUNCIL MEETING MINUTES November 23, 1998 TAPE READING 1162 RECEIPT AND ALLOCATION OF 1997 AND 1998 LOCAL LAW ENFORCEMENT BLOCK GRANTS. The Police Department had been awarded grant funds from the US Department of Justice, however, prior to release of the funds, the City is required to establish or designate an advisory board and to hold a public hearing on the use of the grant funds. The Advisory Board met and has recommended that the funds be used to purchase a video imaging system and an automated fingerprint identification system. It is anticipated that a public hearing will be held in January 1999_ JENNINGSIFIGLEY.... approve the receipt and allocation of block grant funds for the purchase of a video imaging system and an automated fingerprint identification system. Administrator Brown stated that a public hearing must be held before the Council before the funds can be obligated for the purchase of these items. The motion passed unanimously. 1191 COMMUNITY DEVELOPMENT DEPARTMENT RE-ORGANIZATION. JENNINGSIFIGLEY... accept the recommendation of the City Administrator and eliminate one of the Assistant Planner positions in the Planning Department and replace that position with a Senior Planner position, and authorize the City Administrator to execute an agreement for planning consultant services on a temporary basis. Councilor Jennings stated that we have lost an Assistant Planner to another City and the Planning Department needs to be re-organized to meet current planning needs. Following a review of the staffing needs, it is evident that a Senior Planner needs to be a part of our organization. Additionally, the City needs to temporarily hire a consultant to keep up with the current workload. Administrator Brown stated that, during the interim, the consultant will be working about 16 hours per week at $45 per hour and it will fit in with the existing budget appropriations. The Senior Planner position may cost as much as $8,000 to $9,000 more annually but fee increases will offset the approximate increase in salary and benefits. The motion passed unanimously. 1297 BID A WARD - PURCHASE OF UTILITY VEHICLE (Wastewater Fund). Bids for the purchase of a utility vehicle to be used for maintenance operations in the poplar tree plantation were received from the following vendors: Fisher Implement, $7,917.00; Salem Farm & Garden, $8,150.00; and Ernst Hardware, $8,250.00. JENNINGSIFIGLEY.... award the contract for the purchase of a utility vehicle to Fisher Implement in the amount of $7,917.00. The motion passed unanimously. 1321 BID AWARD - FIBER OPTIC CABLING. Bids were received from the following contractors: Evergreen Utility Contractors, $17,843.80; ESP Communications, $18,279.51; AllenlFalk Inc, $18,058.00; Enron Page 6 - Council Meeting Minutes, November 23, 1998 ~- 11 I -~I COUNCIL MEETING MINUTES November 23, 1998 TAPE READING Communications, $27,048.29; NorAm Telecommunications, Inc., $12,665.00; W ARCO Construction, Inc., $17,394.38; and Fibernet, Inc. $22,009.50. Staffrecommended the acceptance of the low bid submitted by NorAm Telecommunications, Inc.. JENNINGSIFIGLEY.... award the bid for fiber optic cabling to NorAm Telecommunications, Inc. in the amount of $12,665_00. Councilor Jennings stated that this project involves the installation of fiber optic cabling to the recently purchased bank building (190 Garfield Street) and auto dealership building (202 Young Street). The motion passed unanimously. 1123 REOUEST TO REJECT BIDS FOR THE SETTLEMIER PARK OFFICE/ACTIVITY CENTER. Staff recommended that Council reject the bids submitted by contractors for a modular office/activity center since not all of the responding bidders had received the addendum which was distributed near the date of the bid opening date. JENNINGSIFIGLEY.... reject all bids and readvertise for bids for the Settlemier Park office/activity center. The motion passed unanimously. 1143 WAREMART TRAFFIC IMPACT FEE ALTERNATIVE RATE REQUEST. JENNINGSIFIGLEY.... approve the alternate rate calculation completed by Waremart for Phase I of the traffic impact fees which will reduce their fee by $24,780. The staff report summarized both the original and alternative rate calculation associated with Phase 1 of the Waremart warehouse complex. The City did hire an independent consulting firm to evaluate the alternative rate proposal and recommended that the original traffic impact fee be reduced to the amount calculated under the alternative rate calculation. Councilor Pugh stated that he had not had sufficient time to study this issue, therefore, he would abstain from voting_ On roll call vote, the motion passed 5-0-1 with Councilor Pugh abstaining. 1186 SOUND AMPLIFICATION PERMIT. PARADE PERMIT. AND STREET BLOCKAGE. JENNINGSIFIGLEY.... approve the use of sound amplification equipment and blocking of the downtown parking lot on December 5, 1998 between 3:00 pm and 8:00 pm. Councilor Jennings stated that the Woodburn Elk's is having their annual Charity Banquet on that evening and it is one night that they do use that parking lot from about 5:00 pm until about 12:00 midnight. He and Councilor Hagenauer met with Chief Wright earlier today to discuss this issue and it was decided that the Chief would block off part of the parking lot to be used by the Elks with the remainder of the spaces to be used by visitors attending the tree lighting program. Page 7 - Council Meeting Minutes, November 23, 1998 . ~ . -------------.r COUNCIL MEETING MINUTES November 23, 1998 TAPE READING JENNINGS/HAGENAUER..... amend the motion to remove the time period of 3:00 pm and 8:00 pm. and insert "at the Chief's discretion". The motion to amend passed unanimously. The motion as amended passed unanimously. 1295 ACCEPTANCE OF UTILITY EASEMENT FOR CENTENNIAL PARK. A storm drain utility easement for a 10 foot strip of property on the west side of Centennial Park has been granted by the Woodburn School District (property owner). JENNINGSIPUGH.... accept the utility easement with the Woodburn School District for Centennial Park. The motion passed unanimously. 1316 Alma Grivjalva, representing WDA, agreed that there may not be enough parking available in the downtown parking lot on December 5th, however, another solution that has been presented to the City, and tentatively agreed upon by the Public Works Manager, is the availability of a City bus to provide shuttle service from other parking lots in the downtown area between 6:00 pm and 9:00 pm.. She also stated that, following the tree lighting program, there will be an Open House at Lupita's with hot chocolate and coffee to be served. 1413 Roger Mathis, 1810 Astor Way, expressed his opinion that system development charges should be increased by 25% and committed to paying toward a new Butteville Road/I-5 interchange to reduce the Hwy. 214 congestion brought on by past residential and commercial developments. He stated that he has written to a number of state legislators and some Councilors on this issue. 1503 NEW BUSINESS. Mayor Kirksey proposed that the new downtown plaza court be called "Lillian Warzynski Court" in honor of Lillian Warzynski who worked hard get this project to fruition. PUGWFIGLEY... name it as "Lillian Warzynski Court" and the City purchase the plaque to be placed at the site. Councilor Jennings stated that this entry way is only one phase of the overall W oodbum Development Plan to be known as the Mayor's Alley. He stated that he had spoken with Alma Grivjalva of WDA regarding a formal dedication in February and it was suggested that the City invite representatives of the 3-Valleys project to attend this dedication. Mayor Kirksey suggested that an appropriate time for this dedication would be February 14th which is part of a kick-off for the City's Livability Committee and Oregon's birthday. Councilor Figley agreed that Lillian Warzynski pursued the opportunity to get the grant funds making the plaza a reality. She stated that Mrs. Warzynski was a very public service oriented individual and her children and grandchildren should also be invited to attend. Page 8 - Council Meeting Minutes, November 23, 1998 ~ . --"'--r COUNCIL MEETING MINUTES November 23, 1998 TAPE READING On roll call vote, the motion passed unanimously. 1661 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez stated that she had visitors from Mt. Angel this weekend who thought the water tasted very good and questioned if anything had been done differently to improve the taste of the water. Director Tiwari stated that his department continues to do what they have done in the past to provide great tasting water. Councilor Chadwick stated that she was very pleased with the article in the Oregonian regarding Woodburn. Councilor Pugh stated that he has stated, in writing, his concerns on transportation problems. These problems will not be solved overnight and he suggested that a 6-month moratorium be placed on new residential construction projects that have not been approved thereby giving the City additional time to assess the situation. Councilor Figley complimented the Woodburn Police Department, Woodburn Fire Department, and Woodburn Ambulance for their kindness, compassion, and professionalism when she was injured in an automobile accident last Saturday. Councilor Jennings stated that he has served for over two years on the Mid-Willamette Valley Area Commission on Transportation which is an advisory commission to the Oregon Transportation Commission. With his new position as Mayor, he will be recommending that Councilor Pugh take his place in representing the 1-5 corridor on that Commission, however, he will remain as his alternate. In order to represent the corridor, you need to be an elected official and, with the recent election, the Commission lost 3 Mayors and a County Commissioner. The appointment will take place on January I, 1999 and he has written letters to all Mayors along the corridor since each city has a vote to appoint. The only reply to date is from Turner and they concur with the recommended appointment of Dick Pugh to the Commission. Councilor Jennings also stated that Willis Graff of Woodburn is a member of the Technical Advisory Committee to the Mid-Willamette Valley Area Commission on Transportation and he is well-versed on the transportation needs of our community. The second interchange is needed but when the City will get the second interchange is the point of contention. Councilor Jennings also reminded the public that a reception will be held following the short Council meeting of December 14th honoring Mayor Kirksey and Councilor Hagenauer. Mayor Kirksey complimented Librarian Judy Brunkal on the World War II series. Following the last program, participants were invited to attend a 40's dance at the Senior Estates Clubhouse. Councilor Jennings questioned if program would be repeated since he was unable to attend the full series. Director Sprauer stated that there were no plans to repeat the series at our Library, Page 9 - Council Meeting Minutes, November 23, 1998 -..>-,--~~- "Ill" . .-....-.-.--.-......-..----. 'r COUNCIL MEETING MINUTES November 23, 1998 TAPE READING however, the City does own the videos and our Library has offered to make those available to other Libraries in the area in the event they want to run the program. She stated that this was only the first half of the program and plans are being made for two or three sessions for the remaining program to be run in the spring. Groups other than the Library can run the program series which consists of 6 video tapes and discussion led by an expert on subject. 2156 Mayor Kirksey stated that she had attended the DEQ public hearing at North Marion High School relating to water contamination from the leachate at the Marion County landfill. She stated that there were many interesting points brought up at the hearing and she read from a document a few of the things Marion County is proposing to do at this point in time. She will be addressing these issues in more detail in her newspaper column. She stated that County has agreed to have the leachate treated at the Georgia Pacific mill at Toledo, OR, and will be shipped by railroad. The County will construct an above ground pipeline across their property to pump the leachate from the facility to the Willamette Pacific railroad. She stated that this document was not distributed at the public hearing but was given to a property owner by the County who wishes to purchase a portion of the individual's land for the purpose of building the pipeline. She will continue to monitor this issue even after she leaves as Mayor. 2247 EXECUTIVE SESSION. JENNINGSIFIGLEY... adjourn to executive session under the following statutory authority: I) ORS 192.660(1 )(h) 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; and (2) ORS 192.660(1)(f) to consider records that are exempt by law from public inspection. The motion passed unanimously. The Council adjourned to executive session at 8:15 pm and reconvened the regular meeting at 8:40 p.m.. 2262 Following the executive session, JENNINGSIFIGLEY.... City Council affirm the City Engineer's decision not to issue a building permit in the subdivision called "Steklov Addition" until the public improvement costs have been satisfactorily reimbursed to Meadowood Development Company and further that we direct the City staff to confer with representatives of Meadowood Development Company to draft a proposed reimbursement resolution for consideration by the City Council. Councilor Pugh declared a possible conflict of interest going into this executive session since he did not know the subject matter and he could see where he could have a possible conflict of interest therefore he is abstaining from this vote. He also stated that he was Page 10 - Council Meeting Minutes, November 23, 1998 ,,- .. ".~ ...-.- "!"I . r COUNCIL MEETING MINUTES November 23, 1998 TAPE READING refraining from any discussion from the bench. On roll call vote, the motion passed 5-0-1 with Councilor Pugh abstaining. Corrected- 2338 see minutes of 12/14/98 Councilor Jennings stated that he, along with Councilors Hagenauer and Sifuentez, would be participating as judges at Gervais Elementary School on December 17"' on public hearings that they will be conducting with their 8"' graders. 2390 ADJOURNMENT. JENNINGS/PUGH... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:44 p.m.. APPRTI~l r-NANCY A. KIRK EY, ATTEST fl1a..~~0-..~ Mary Tenn t, Recorder City of Woodburn, Oregon Page II - Council Meeting Minutes, November 23, 1998 ~ "!'If . -T