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Minutes - 05/20/1996 Spec Mtg TAPE READING 0001 0003 0010 0019 0074 """"\ SPECIAL COUNCIL MEETING MINUTES May 20, 1996 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 20, 1996. 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 Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Police Chief Wright, Community Development Director Goeckritz, Park & Recreation Director Holly, Public Works Manager Rohman, City Recorder Tennant MINUTES. JENNINGS/PUGH... approve the Council's regular and executive session minutes of May 13, 1996 and accept the Planning Commission's regular and executive session minutes of April 25, 1996. Councilor Chadwick stated that the Council minutes of May 13th, page 9, tape reading 0265, indicate that the customers were gone during the winter months whereas she had questioned those situations involving new customers to the City. JENNINGS/PUGH. .. amend the regular Council minutes of May 13, 1996 to read". .new customers.." rather than".. . customers were gone during the winter months.. .". The motion to amend passed unanimously. JENNINGS/PUGH. .. approve the Council minutes of May 13, 1996 as corrected and accept the Planning Commission minutes of April 25, 1996. The motion passed unanimously. APPOINTMENTS -- COMMUNITY CENTER ADVISORY COMMITTEE. Mayor Kirksey listed the following individuals in her memo for appointment to this committee: Joan Garren, Sonia Kool, Obie Garza, Dale Yuranek, Frank Lonergan, Darrell Mendenhall, Hazel Smith, Barbara Lucas, JoAnn Bjelland. Mayor Kirksey also requested that Hank Vredenburg, Tim Kelly, and Dale Hagenauer be added to the list of appointees. JENNINGS/FIGLEy.... approve the list of appointees as outlined in the memo with the addition of Hank Vredenburg, Tim Kelly, and Dale Hagenauer. The motion passed unanimously. Page 1 - Special Council Meeting Minutes, May 20, 1996 _. .__"..~.,~_._.w<_._~_.___ , - . TAPE READING 0159 0203 0288 -~ \, I SPECIAL COUNCIL MEETING MINUTES May 20, 1996 A tentative workshop date of June 12th has been set for the Council, Task Force, and other interested board/committee groups to discuss this project. ANNOUNCEMENTS. A) City offices will be closed for the Memorial Day holiday on May 27th. Additionally, the Woodburn Public Library will be closed on Saturday, May 25th. B) The next regular Council meeting will be held on Monday, June 10, 1996, at 7:00 p.m.. C) A Community Meeting involving Marion County will be held on Wednesday, May 22nd, 7:00 p.m., PGE building, to solicit input on the new youth corrections facility. FAX FROM OREGON BUSINESS COALITION FOR HIGH SPEED RAIL. Administrator Childs summarized the letter from this group who are urging the Council to dedicate 10.66% of future Transportation Equity Fund allocations to the proposed High Speed Rail. It was noted that there is some type of litigation or threatened litigation regarding the use of this money, however, several cities and counties have passed resolutions to set the money aside for High Speed Rail. PUBLIC HEARING - PROPOSED GRAFFITI ORDINANCE. Mayor Kirksey declared the public hearing open at 7:12 p.m.. Councilor Jennings stated that he had reviewed the draft ordinance and did not see a fine amount for non-compliance. Administrator Childs reviewed the staff memo summarizing actions taken by the State legislature to prosecute individuals who apply graffiti and subsequent actions proposed by a sub-committee of the community-wide Gang Forum and staff to address graffiti clean-up. Chief Wright stated that the primary purpose of the ordinance involves beautification of the City and compliance of property owners. The proposed ordinance places the clean-up responsibility onto the property owners when there is no individual apprehended or convicted of applying the graffiti. He noted that current City Ordinance 1616 (Nuisance Ordinance) does allow the City to remove graffiti and charge applicable costs back to the property owner if the owner does not clean- up the graffiti within the timeline outlined in the proposed ordinance, however, the proposed ordinance provides another tool in which clean-up can be accomplished in an expedited manner. Attorney Shields stated that Section 3 of the proposed ordinance adopts the State law for those who apply graffiti. For property owners who do not remove graffiti within a specified time period (Section 5(5)), the penalty is a Class I Page 2 - Special Council Meeting Minutes, May 20, 1996 --r--.. --_.-_..~-_.~.~ ... I TAPE READING 0730 0900 1093 -', SPECIAL COUNCIL MEETING MINUTES May 20, 1996 Civil Infraction which is a $500 fine. As an alternative, the abatement process can be followed in which the City could ultimately place a lien on the property for the clean-up of the graffiti. Chief Wright stated that the intent of the ordinance is not to be heavy handed but to work towards compliance. The victims ultimately pay for the majority of the clean-up and it is necessary to work with the property owners to prevent them from being penalized. In those cases where property owners refuse to clean-up the graffiti, action needs to be taken to have the graffiti removed through a specific process. Mayor Kirksey stated that she would like the Civil Infraction Class I language to read $500. Staff noted that Section 5(3) gives the Police Chief some flexibility in administering the graffiti ordinance in that the established 10 business day time period can be extended for good cause. Councilor Jennings stated that the Chamber of Commerce had not had an opportunity to review the draft ordinance, therefore, he would like to have the hearing continued to June 10th. The Mayor elected to continue taking testimony from the public at this meeting before the hearing date is continued. Layton Frawley, 1243 Woodland Ave., questioned if the City ever considered furnishing the tools and materials to clean-up graffiti without placing the burden onto the property owners. Chief Wright stated that Marion County Corrections currently has work crews working in our area to clean-up graffiti, parks, public rights-of-way, etc.. Additionally, paint is available through the Fire District by United Disposal Service. No further comments were received by the public. JENNINGS/PUGH... continue the public hearing to the next regular meeting to give staff an opportunity to re-work some of the language in the proposed ordinance. Councilor Pugh stated that he is still bothered by the fact that the victim still pays for the clean-up. Mayor Kirksey stated that many businesses strive to clean-up the graffiti while others, such as landlords, ignore the situation until it is publicly announced that specific property owners do not remove graffiti from their property. Councilor Pugh also mentioned that a local hardware firm has voluntarily taken a positive step by not selling spray paint to anyone under the age of 18. At 7:36 p.m., the motion to continue the hearing to the next regular meeting passed unanimously. Page 3 - Special Council Meeting Minutes, May 20, 1996 -r- -- -~-_. 'Il I TAPE READING 1086 1500 1536 1696 .~ SPECIAL COUNCIL MEETING MINUTES May 20, 1996 PROFESSIONAL SERVICES AGREEMENT -- WASTEWATER FACILITY ENGINEERING DESIGN. Public Works Director Tiwari provided background information on the selection process conducted by the Consultant Selection Task Force who has recommended the firm of Brown and Caldwell to design the wastewater facility. The estimated cost for engineering services is $4,239,300 based on the scope of work outlined in the request for proposal. Marv Shelby, Selection Task Force member, stated that he was impressed with the process followed by the City to get this project to where it is currently. Meetings held by the Task Force were open to the public in which some interested citizens did attend the meetings and provided input for the Task Force's consideration. Other Task Force members were Scott Burlingham, Frank Sinclair (Wastewater Supt) , Dean Morrison (Asst. City Engineer), and Steve Starner (City of Wilsonville). The final two engineering firms considered were CH2M Hill and Brown and Caldwell. The Task Force spent considerable time reviewing each proposal and decided on the firm of Brown and Caldwell whose project team has well- qualified technical expertise. In reference to the proposed resolution, Director Tiwari stated that the date listed in the fourth Whereas clause (September 1996) should read September 1995. The City Recorder has been given a new page 1 of the Resolution with the corrected date. Terry Gould, Sr. vice-President of Brown and Caldwell, stated that his firm had to learn the issues being addressed by the City in order to identify the right team members to implement an approach to be followed. The three most important issues they wanted to address were 1) upgrade the plant to protect the City's water quality and to accommodate growth; 2) when the plant is finished, the start-up of the new facility needs to be immediate; and 3) it is necessary to deal with ammonia removal initially and making sure it is compatible with long term nutrient removal. Woody Muria, Project Manager, stated that his role is to facilitate the development of a good design, plant construction be on time, and the construction costs be within budget. It is necessary to have a smooth start-up of the facility and optimize facility. Dr. James Barnard stated that there is a proliferation of processes available but it will be their job to select the right processes amongst those that have been patented which will give the City the best result. The plant will also be designed to be flexible enough to allow for expansion over the next 20 years. Page 4 - Special Council Meeting Minutes, May 20, 1996 l-'-~~-'~'--~----~ . , TAPE READING 2061 2225 2243 '"'\ SPECIAL COUNCIL MEETING MINUTES May 20, 1996 Director Tiwari stated that the agreement had been reviewed by a senior engineer at Unified Sewerage Agency of Washington County who administers their contracts and it was found to be acceptable. Director Tiwari recommended Council approval of the agreement. COUNCIL BILL 1714 - RESOLUTION ENTERING INTO AGREEMENT WITH BROWN AND CALDWELL FOR ENGINEERING CONSULTANT SERVICES RELATING TO DESIGN AND CONSTRUCTION OF WASTEWATER FACILITY. Councilor Hagenauer introduced Council Bill 1714. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Jennings pointed out that the contract amount is listed within Exhibit C and he questioned if the dollar figure should be a part of the resolution rather than an attachment. Attorney Shields stated that the agreement is legally correct. The agreement provides an estimated cost to perform the scope of work, however, additional costs incurred may include work outside of the scope of work and direct expenses. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1714 duly passed. Councilor Jennings thanked Marv Shelby, Scott Burlingham, and the other members of the Task Force for their work in reviewing proposals, interviewing firms, and recommending a firm to begin the design process. The Council took a break from 8:08 p.m. to 8:16 p.m.. REOUEST TO EXTEND WATER SERVICE TO PROPERTY OUTSIDE CITY LIMITS -- 2610 N. BOONES FERRY RD. Councilor Jennings questioned staff as to why the City is not annexing the property at this time. Director Tiwari stated that staff would like to get all of the properties within that particular area annexed at the same time, however, not all of the property owners are willing to be annexed at this time. Councilor Jennings expressed his concern in waiting for an indefinite period in order to annex the properties and is reluctant to provide water service to customers outside of the city limits. He realizes that, in this situation, the property owner must have water but he felt that the City should immediately pursue the annexation process. Community Development Director Goeckritz stated that the annexation process would take 2 or 3 months to complete. Non- remonstrance agreements signed by the property owners are recorded documents and do go along with the property, therefore, giving the City a tool to proceed with the annexation without the property owner objecting to the Page 5 - Special Council Meeting Minutes, May 20, 1996 or , "".."~--"'-'-~--.---- 'II I TAPE READING 2652 2709 2788 1\ SPECIAL COUNCIL MEETING MINUTES May 20, 1996 annexation at the time the process is initiated. He reiterated that the property owner needs water service as soon as possible and the City could go ahead and begin the annexation process for this property along with any other designated property within that area. JENNINGS/PUGH.... water service be provided as requested and the annexation process be started within the next 10 days. Director Tiwari stated that the property owner has signed the non-remonstrance agreement and an application for service. The motion passed unanimously. TRANSIT FIXED ROUTE CHANGE. Staff recommended a modification to the current transit route in order to allow the bus driver more time to load/unload passengers and still make the routine stops as scheduled. The portion of the route selected for deletion is the north section of Senior Estates north of Vanderbeck Lane and its intersection with Umpqua and Sallal Roads. JENNINGS/FIGLEY... accept the recommendation of the Public Works Manager for the change to the transit fixed route. The motion passed unanimously. Mayor Kirksey stated that she had an opportunity to ride the transit bus earlier in the day and she encouraged other local residents to do likewise. Shelby Case, reporter for the Woodburn Independent, informed the Council that May 31st will be his last day at the newspaper. He expressed his pleasure in working with the Mayor, Council, and staff. Councilor Pugh wished Mr. Case the best of luck in his future endeavors and stated that, in his opinion, Mr. Case has been the most objective reporter that he has had the pleasure to work with. STAFF REPORTS. (A) OLCC Meeting -- Administrator Childs reviewed his memo which summarized the issues discussed at the meeting. The meeting included 3 OLCC Commissioners, the new OLCC Administrator, 12 representatives from various cities, and other OLCC staff members. It was a consensus of those present that OLCC and the League of Oregon Cities will form a stronger alliance to examine issues of concern and possibly provide changes in the administrative rules or state statutes to strengthen the cities' role in the process. (B) Community Development Block Grant Application -- Staff has received notice that we were unsuccessful in receiving additional funds for the Housing Rehabilitation program. Page 6 - Special Council Meeting Minutes, May 20, 1996 ."')'. SPECIAL COUNCIL MEETING MINUTES May 20, 1996 TAPE READING 2959 ADMINISTRATOR'S REPORT. Administrator Childs stated that there was a tremendous amount of effort and time spent on the technical and legal aspects of the Brown and Caldwell contract by the City Attorney and Public Works Director. In his opinion, he feels very comfortable with this contract and is confident with the qualifications of the Brown and Caldwell project team. 3004 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez reiterated her request from a earlier meeting that city vehicles not be parked in the front parking area on nights in which there are meetings at City Hall. Tape 2 Councilor Chadwick stated that she had recently read the article about Councilor Sifuentez's interview on her decision to run for another term as Councilor and her appointment to the Governor's Oregon Shine Task Force. She stated that she felt very honored to sit next to her at the Council meetings. 0011 Councilor Figley expressed her gratitude for the staff for their thorough review the wastewater design contract so that a decision is made on intelligent and accurate information. 0022 Councilor Jennings stated that he has polled the Councilors and there was a consensus of the members that he and Mayor Kirksey will meet with the Chamber to discuss the hotel/motel tax distribution in lieu of calling a Council workshop at this time. Mayor Kirksey informed the public that Councilor Sifuentez has received a special invitation from President Clinton to attend a reception at the White House on Tuesday, May 26th. 0095 EXECUTIVE SESSION. JENNINGS/FIGLEY... adjourn to executive session under the authority of ORS 192.660(1) (d) to conduct deliberations with persons designated by the governing body to carryon labor negotiations. The motion passed unanimously. The meeting adjourned to executive session at 8:38 p.m. and reconvened at 9:20 p.m.. 0102 Mayor Kirksey stated that there was no action to be taken by the Council as a result of the executive session. Mayor Kirksey also requested Councilor Jennings to attend the community meeting on Wednesday, May 22nd, PGE building, since she would be unable to attend this meeting. Page 7 - Special Council Meeting Minutes, May 20, 1996 .].-.---. "If ~ -"] SPECIAL COUNCIL MEETING MINUTES May 20, 1996 TAPE READING 0115 ADJOURNMENT. JENNINGS/PUGH... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:22 p.m.. C-, APPROVED~~~ ~ ~) NANCY A KIRKSEY, MAYO ATTEST fY\~~~J Mary Te ant, Recorder City of Woodburn, Oregon Page 8 - Special Council Meeting Minutes, May 20, 1996 r ,-, - .. ,