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Minutes - 03/24/1997 "'I COUNCIL MEETING MINUTES March 24, 1997 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 24,1997. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present Present Present (7:20 pm) Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Public Works Manager Rohman, Police Lt. Eubank, Library Director Sprauer, Park Director Holly, City Recorder Tennant 0017 MINUTES. JENNINGS/FIGLEy.... approve the regular and executive session Council minutes of March 10, 1997 and the workshop minutes of March 11, 1997; and accept the Recreation and Park Board minutes of March 10, 1997. The motion passed unanimously. 0026 ANNOUNCEMENTS. Al ANNUAL CITY-WIDE CLEANUP DAY -- On Saturday, March 29th, United Disposal will accept yard debris only at their headquarters station, 2215 N. Front Street, between the hours of 7 :00 am and 5 :00 pm.. There is no charge to city residents who bring the debris to the designated location for this one-day service. Mayor Kirksey also stated that the Smurfit plant in Newberg also has a free drop site for yard debris for several months during the year, however, they are not opening their drop site until May 1st. B) CABLE TV ADVISORY BOARD MEETING -- This meeting will be held on April 8, 1997.7:00 p.m., in the City Hall Council Chambers. Cl WATER MASTER PLAN -- A public hearing will be held on April 14, 1997, 7:00 p.m., in the City Hall Council Chambers. Page 1 - Council Meeting Minutes, March 24, 1997 r- ,,-"-- ..".......- ..~~---, ._,--~- ~-,,_.._~-_..,,--~-- 111 1 ',", I COUNCIL MEETING MINUTES March 24, 1997 TAPE READING Dl CITY BUDGET HEARING -- The Budget Committee will meet on Tuesday, April 15, 1997,7:00 p.m., to organize, receive the budget document, and hear the City Administrator's budget message. The public is urged to attend this meeting and subsequent meeting dates will be set by the Committee. 0062 CHAMBER OF COMMERCE REPORT. Cindy Kelley, owner of Valley Pacific Florists and Chamber Board member, stated that the Tulip Festival is now in progress and she read the list of events to take place over the next several weeks in Woodburn, at the tulip fields, and in the Monitor/Mt. Angel area. This year's events include, but not limited to, painting classes, free concerts performed by Tom Grant and entertainer Arthur Atsma, art exhibit, musical play at the Berry Center Museum, 10K volkswalk, and golf tournament. The Chamber office has a variety of 1997 Tulip Festival promotional items still available for the public to purchase. 0236 Preston Tack, 2197 Camilla Way, questioned the Council as to how the public can prepare themselves for this year's budget hearings. He referred to the open house on the Water Master Plan which provided the public an opportunity to familiarize themselves with the plan proposals prior to the public hearing date. Mayor Kirksey stated that the Budget Committee will hold several meetings to review the document prepared by staff and will make changes to the document based on the input from the Committee members and the general public. Councilor Figley briefly summarized the budget process which also includes a public hearing before the Council after the Budget Committee has held their meetings and approved the budget document. The Council adopts the budget document in late June following their public hearing. In the past, very few people have attended Budget Committee meetings and she encouraged more participation from the community especially this year in which reductions will be made due to the property tax limitation measure. 0343 CONTINUATION OF PUBLIC HEARING -- DOWNTOWN ALLEY LOCAL IMPROVEMENT DISTRICT. Mayor Kirksey continued the public hearing at 7:13 p.m.. Public Works Director Tiwari stated that the public hearing process started at the March 10th Council meeting at which time it was continued to this meeting in order to give staff time to send out new letters to the affected property owners to correct the payment information. It was noted that the LID process requires publication of the hearing date in the local newspaper as the means to notify affected property owners, however, staff had elected to notify the owners by letter which included a copy of the Resolution establishing the district and setting a public hearing date. He briefly reviewed the scope of the project utilizing Option B at an estimated project cost of $109,200. He reiterated that the City will be paying for infrastructure improvements (water and storm drain) and Page 2 - Council Meeting Minutes, March 24, 1997 ~' ..".... " I COUNCIL MEETING MINUTES March 24, 1997 TAPE READING downspouts will be connected to the storm drain. He recommended that, after hearing the proponent and opponent testimony at this meeting, the Council close the public hearing. Staff will then evaluate the percentage of opponents and report back to the Council at the next meeting at which time the Council would make a final determination on the status of the project. Copies of all written remonstrances were entered into the record (David Lindenmuth and petition). 0710 Lincoyan Cea, 553 N. Front, spoke in opposition to his paying 50% of the cost of the improvement. He feels that improvements are needed but he would like to work with the City in the overall design of the project in order to keep costs at a minimum. He stated that he had submitted a petition to the City signed by other affected property owners earlier today and he wanted to submit an amended page which added names to the list of owners in opposition. John Verbin, representing Constantine Verbin, questioned the procedure in establishing an Local Improvement District (LID) and questioned why ballots are not sent to affected property owners. In discussing this issue with other property owners, no one seemed to understand what was being proposed nor did they understand the process. He reiterated that his father is not in favor of this project. He also felt that the City should pick-up the total cost of the project rather than assessing the property owners since the alley is a public right-of-way and used by general public. Mayor Kirksey stated that property owners should have contacted the Public Works Department if they did not understand process. She suggested that he talk to the Public Works Director to obtain more detailed information on Local Improvement Districts. Dick Steen, 563 N. Front St., stated that he is a contract buyer and he questioned who has the voice on this issue. Attorney Shields stated that the owner, not contract buyer, is allowed to submit a remonstrance. 1100 Public Works Director Tiwari responded to questions that were brought up under testimony from the opponents. He stated that the LID process is well recognized across the nation and certain methods and procedures are followed which are outlined by state statutes and city ordinances. In addition, there are certain precedents that have been set by the Courts. The governing body makes a judgment on how much benefit the project has to each property and they set the applicable ratio of costs to each property. Mayor Kirksey declared the public hearing closed at 7:37 p.m.. In reference to a recent Woodburn Independent article, Councilor Jennings stated that his statement to Chuck Sauvain was made in humor and in no way was the Public Works Director's job in jeopardy if the alley was cut-up in 6 months. He also stated that he Page 3 - Council Meeting Minutes, March 24, 1997 T- ,.______..____ .-,r.o.... ,.~._,__... ..._.,...,.__.___.__.__.._. - . ...------...,... "I COUNCIL MEETING MINUTES March 24, 1997 TAPE READING would be talking to Ms. Webster, Elks Lodge manager, to see if she really understood what was being proposed before she signed the remonstrance petition. Attorney Shields stated that the remonstrances received through the close of the hearing would be tabulated to see what percentage of the property owners were opposed to the improvement project. Following a brief discussion on the need for an accurate tabulation of those property owners who have filed a remonstrance, JENNINGS/PUGH.... instruct the staff to tabulate and analyze statistics and come back with those findings with a final judgement to be made at the next regular Council meeting. The motion passed unanimously. 1277 PUBLIC HEARING - PARR ROAD LOCAL IMPROVEMENT DISTRICT. Mayor Kirksey declared the public hearing open at 7:42 p.m.. Public Works Director Tiwari reviewed the LID process and informed the Council that staff had sent letters and met with affected property owners to outline the project and allocation of costs. He reviewed the assessment policies that were being applied in this project since the street width would be greater than the standard 34' foot width. The cost for the additional capacity would be paid for by the School District and the City. The School will also be absorbing the cost for additional street width near the Settlemier Ave. intersection since a turn lane is required. There will be no cost to property owners along Settlemier Ave. for the intersection improvement since those costs will be paid for by the City through state and SDC funds. Property located within the improvement district but outside of the city limits will be assessed similar to other properties within the City, however, their costs will be absorbed by the City and School District with a provision that the owners would repay the assessment to the City if the properties are annexed within the next 10 years. He reviewed the improvement plans for the Settlemier Ave.lParr Rd. intersection which would also include modifications to the railroad crossing. The total estimated cost for the intersection reconfiguration and street improvements is $1,167,757 of which the LID assessment is $442,447. Of the remaining balance, the railroad would be paying approximately $286,939 leaving a balance of $438,171 to be paid through various City sources. Since the passage of the Resolution, some adjustments have been made to the dollar amounts to be assessed to specific properties. The School District has agreed to pay approximately $12,000 more towards the cost of improvements thereby reducing the individual assessments to the north/south properties near the Settlemier Ave. intersection. This arrangement was made because of the need for the turn lane on Parr Road. Following his staff report, Director Tiwari suggested that the Council close this hearing once the proponent and opponent testimony has been received and staff be instructed to tabulate the remonstrances to determine the percentage of opposition to this project. 2127 Hazel Smith, 105 Ben Brown Lane, stated that she owned property across from the new school which is located outside of the city limits. She spoke in favor of the Page 4 - Council Meeting Minutes, March 24, 1997 r ... III I -, "I COUNCIL MEETING MINUTES March 24, 1997 TAPE READING improvements, however, she did want a correction in regards to tax lot 100 in that the assessment would be due only when the 393 feet abutting Parr Road to a 500 foot depth is annexed to the City. She stated that her property goes from Parr Road to behind Nellie Muir School which is located near Hayes Street. If the annexation and development of a portion of tax lot 100 begins closer to the Nellie Muir School property, she should not be responsible for paying her share of the assessment cost since access to city streets would not involve Parr Road. Dr. Jack Reeves, Woodburn School District Superintendent, stated that the District is in favor of the improvement project with the primary purpose being safety for the students. The improvement will also improve the traffic flow during peak usage hours of school operation. Lester Bischoff, representing Hope Lutheran Church, 211 Parr Rd, stated that the Board of Trustees for the Church are in favor of the project but in opposition to the assessment costs as it is outlined in the Resolution. He stated that a second letter has been submitted to the City regarding this project, however, it involves real estate negotiations which is not open for public discussion at this time. Norma Gardner, 897 Kelowna (tax lot #2300), questioned why her assessment is approximately $1,400 while a lot located not far from her is assessed at only $800. She also questioned how soon this assessment would take affect since she will be putting her property up for sale in the near future. Debbie Monnier, 328 Parr Rd. (owner of one of the two properties located outside of the City), stated that they are in favor of the project, however, they concur with the Church's statement and object to how the assessments have been calculated. 2495 Public Works Director Tiwari stated that staff would be recommending that Mrs. Smith's request to limit the annexation area to within 500 feet of the roadway abutting Parr Road be accepted by the Council. In regards to the project status, it is the intent of the City to begin this project as soon as possible in order to get as much accomplished before school begins this fall. The first phase will be improvements to Parr Road with the primary goal to give the school children a safe place to walk. He stated that he is willing to meet with Mrs. Gardner to review the length of her property which is being assessed. Mick DeSantis had submitted a letter in favor of the project, however, he felt that the properties east of Parr Acres should pay for the sidewalks in full rather than the City paying for one-half of the cost since the City should not subsidize a development that did not conform to City standards when it was built. Director Tiwari stated that City policy determined earlier was that those properties which are facing Parr Rd and do not have access from another public street are to be assessed at full value. Corner lot properties are being assessed at 1/2 cost of sidewalk since they already have a sidewalk and a local public street in front of their home. Mayor Kirksey declared the public hearing closed at 8:23 p.m.. Page 5 - Council Meeting Minutes, March 24, 1997 T . . .".-~_..,~. ~._~.-. TAPE READING 3009 3025 Tape 2 0001 0005 0039 "I COUNCIL MEETING MINUTES March 24, 1997 Councilor Figley stated that it was mandatory that sidewalks be installed before school begins this fall. She stated that there have not been any comments made by the property owners in opposition of the project, however, there are concerns on the methodology being used in determining specific costs to property. Councilor Jennings stated that he is in favor of the project and is glad to see the bikeway placed about 5 or 6 feet away from the road which does show some foresight in planning. JENNINGS/SIFUENTEZ.... staff be instructed to tabulate the findings and bring those findings back to the next regular Council meeting at which time the Council will make a final decision. The motion passed unanimously. Councilor Jennings commended the author of the letter from the Church since they had done their homework in analyzing the situation. The Council took a recess at 8:25 p.m. and reconvened at 8:34 p.m.. TABLED BUSINESS -- COUNCIL BILL 1758 - ORDINANCE INCREASING THE LOCAL GAS TAX. No action was taken by the Council to remove this item from the table. COUNCIL BILL 1784 - ORDINANGE GRANTING SITE PLAN REVIEW APPLICATION 95-10 (LUBA NO. 95-195) ON REMAND. Council Bill 1784 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. Attorney Shields stated that the findings and conclusions were prepared by the applicant's attorney, Dale Crandall, and staff has faxed a copy of the proposed Council bill to Mr. Crandall for comments but has received no comments from him as of this date. On roll call vote for final passage, Council Bill 1784 passed unanimously. Mayor Kirksey declared Council Bill 1784 duly passed with the emergency clause. COUNCIL BILL 1785 - RESOLUTION ENTERING INTO AGREEMENT WITH STATE DEPARTMENT OF TRANSPORTATION FOR TRANSIT 1996-97 "SMALL CITY OPERATING AGREEMENT". Council Bill 1785 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Jennings questioned the delay in receiving the agreement since the City's fiscal year is July 1 through June 30. Public Works Manager Rohman stated that funding comes from the federal government to the State for distribution and the federal fiscal year is October 1 through September 30th. Page 6 - Council Meeting Minutes, March 24, 1997 T ."'- .."T._~...,.~~-~- -. ---~.-~..._--.- ..---,-," '" . ----,. -""'I COUNCIL MEETING MINUTES March 24, 1997 TAPE READING On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1785 duly passed. 0076 CONTRACT A WARD -- EAST HARDCASTLE STORM SEWER. Bids were received from the following contractors for storm sewer improvements along East Hardcastle: R & D Construction, $93,583.00; Scarf Bros., $116,280; Cushing Bros. Inc., $124.081.50; E.A. Backhoe, Inc., $139,877.50; Gelco Construction, $140,114.00; 4 Rivers Construction, $146,151.00; J.L.S. Inc., $147,067.00; Western Oregon Excavation, $169,169.50; Miller & Sons Contractors, $170,153.50; Canby Excavating, $205,628.95; and Davidson Utilities, $223,558.00. Staff recommended the acceptance of the low bid from R & D Construction which was 10.8% less than the engineer's estimate of $105,021.00. HAGENAUER/JENNINGS..... award the contract to the low bidder, R & D Construction, in the amount of $93,583.00 for the East Hardcastle storm sewer improvement. The motion passed unanimously. 0095 STAFF REPORTS. A) ENHANCED SAFETY PROPERTIES PROGRAM --- Police Lt. Eubank reviewed the staff memo which reviewed the various components of the program. To date, five out of six participating properties have received all three levels of certification. Enhanced Safety Properties Program Signs will be installed at participating properties who complete all 3 levels for a period of 1 year with annual renewals based on continued participation in the program. Mayor Kirksey stated that she had already received calls from citizens who had read about this program in the local newspaper and are questioning why other landlords within the City are not participating in this program. B) LIBRARY DONATIONS AND PROJECT UPDATE --- Library Director Sprauer informed the Council that the Library will be a recipient of a donation from the Woodburn Women's Club who has decided to disband. The approximate value of the donation is $1,992.00 and it will be placed in the Library Endowment Fund. Staff has written a "Thank you" letter which will be published in the Woodburn Independent. The new Reader Board was installed today in Library Park and the underground sprinkler system will be installed next week. Volunteers are welcome to assist the Parks Maintenance crew with this project. A work crew from MacLaren School for Boys will also be helping at the Park. B) RESUMPTION OF GREYHOUND BUS SERVICE TO WOODBURN --- Negotiations are taking place between Greyhound and LA-KZ (located at 397 N. Front Street) regarding the resumption of the bus service to our community. Greyhound has contacted the City to see if they could utilize the current bus stop area on Hayes Street Page 7 - Council Meeting Minutes, March 24, 1997 T . 111 1 ----................ " COUNCIL MEETING MINUTES March 24, 1997 TAPE READING and staff has informed them that it could use the bus stop if interference with the City's fixed transit route was kept at a minimum. 0270 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez stated that Sen. Ron Wyden will be at the Community Center on April 3rd, 6:00 p.m., to talk with citizens on topics of interest. She encouraged the public to attend this informal meeting. Councilor Pugh questioned if advanced information on the budget will be given to the Councilors before the April 15th budget meeting. Administrator Childs stated that the budget document is still being compiled by staff and recent legislative proposals would have a different financial impact on the City over what was originally passed. At the April 15th budget meeting, a balanced budget will be presented to the Committee who can then make any changes they deem appropriate. The public is encouraged to attend the budget meetings and to give their input on the budget proposals. Councilor Figley stated that she understands that it can be inaccurate and misleading to present a budget that is incomplete, however, our citizens are concerned about potential cuts in services and/or programs. She would prefer having advanced knowledge of what is being proposed rather than having an unexpected proposal submitted to them at the last minute. Administrator Childs stated that he is more than willing to discuss preliminary proposals with the Councilors either during regular or off business hours. He reiterated that staff intends to propose a good budget even though there will be reductions in light of Measure 47. Councilor Jennings suggested that a memo be written to inform the Council as to what direction the City is taking on funding of programs since we are one of only a few cities in which the Councilors do not know what the impact will be and, in his opinion, the Council deserves to know this information. Councilor Jennings stated that on April 5th & 6th, Neuvo Amanceer will be needing volunteers and equipment to help install playground equipment at the complex. He encouraged interested citizens to help with this worthwhile project. Workers will be fed authentic Mexican food prepared by the residents of the complex. 0546 Mayor Kirksey stated that she will be serving 1 hour "in jail" on March 25th as part of the annual Muscular Dystrophy Fund Drive and she will be calling the Councilors to request that they donate one month's check from the City (approximately $22) towards this program. She also stated that she will be attending the funeral service for Andrea Schooler who was instrumental in organizing the Latin American Club and involved in a number of community projects. Page 8 - Council Meeting Minutes, March 24, 1997 T . III T ~"--r COUNCIL MEETING MINUTES March 24, 1997 TAPE READING 0616 EXECUTIVE SESSION. JENNINGS/FIGLEy.... adjourn to executive session to 1) conduct deliberations with persons designated by the governing body to negotiate real property transactions (ORS 192.660(1)(e)); and 2) 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 (ORS 192.660(1)(h)). The motion passed unanimously. The meeting adjourned to executive session at 8:57 p.m. and reconvened at 9:41 p.m.. 0624 No action was taken by the Council as a result of the Executive Session. Councilor Jennings informed the Council that the first meeting of the Mid Willamette Valley Advisory Committee on Transportation is scheduled for mid-April. 0640 ADJOURNMENT. JENNINGS/FIGLEY... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:42 p.m.. A~~O:m_?..1M~~ ~ ~ ANCY A. KIRKSE A YOR ATTEST rY\~~ I~ Mary Te' nt, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, March 24, 1997 T' .~ 111 , .......,..