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Minutes - 05/08/1995 COUNCIL MEETING MINUTES May 8, 1995 TAPE READING DATE. COUNCIL CHAMBERS, CITY HALL, CITY OP WOODBURN, COUNTY OP MARION, STATE OP OREGON, MAY 8, 1995. 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 Absent Present Present Present Present staff Present: city Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Police Chief Wright, Police Lt. Null, Park Director Holly, Community Development Director Goeckritz, Public Works Manager Rohman, Asst. City Engineer Morrison, Wastewater Supt. Sinclair, City Recorder Tennant Note: There was a problem with the recording on the first tape used for this meeting, however, the second tape recording is audible. Councilor Jennings stated that Councilor Figley had previously advised the Mayor and Council that she would not be in attendance at this meeting. MINUTES. JENNINGS/PUGH... approve the regular and executive session Council minutes of April 24, 1995; and accept the Library Board minutes of April 19, 1995 and Planning Commission minutes of April 28, 1995. The motion passed unanimously. APPOINTMENTS. Mayor Kirksey stated that she did not have any appointments for this meeting, however, she will be making some appointments at the first regular meeting in June. ANNOUNCEMENTS. The Transportation Task Force will be meeting at 12:00 noon on Thursday, May 11th, in the City Hall Council Chambers. On May 17th, the 3-Valleys Project will be meeting at 7:00 p.m. in the City Hall Council Chambers. Page 1 - Council Meeting Minutes, May 8, 1995 ...- _"__"_"'~_'" ..,..,..'n~__"______,_,___,_~,_~,____~_" - - COUNCIL MEETING MINUTES May 8, 1995 TAPE READING UPCOMING PUBLIC HEARINGS. On May 22, 1995, the city Council will hold public hearings on 1) the 1995-96 City Budget, and 2) Heritage Park annexation and zone change proposal. PROCLAMATION - PUBLIC WORKS WEEK MAY 22-26. 1995. Mayor Kirksey read the Proclamation declaring May 22 - 26, 1995 as Public Works Week within the City in recognition of the service they provide to the community. She also stated that she would be out of town during this week and Council President Jennings will be taking her place at the various activities. Jim AUdritsh, 16675 Butteville Rd NE, showed the Council a photograph of the Code Enforcement vehicle which is parked in the front parking area every meeting night. He suggested that this vehicle be parked elsewhere since parking around city Hall is already difficult to find. Tom Waggoner, 849 Woodland, spoke on the problems being experienced by the neighborhood near Burlingham Park. He stated that dog owners are not conforming to leash laws nor are they picking up their dog's fecal waste either in the Park or along the ditch areas where children play. He stated that he had spoken with the Code Enforcement Officer who told him that dog problems were not a priority and that he only gets to the West Woodburn area a couple of times each week. Additionally, cars are driving into Burlingham Park to the picnic tables rather than carrying their food from the parking lot. Members of the church adjacent to the park have also been parking in the grass area. Mr. Waggoner questioned what type of dog ordinance was in place relating to his concerns and whether or not large rocks or a fence could be put around the park to prohibit cars on the grass area. Park Director Holly stated that he and Mayor Kirksey had been to Burlingham Park and witnessed violations to the dog ordinance. Larger signs have since been posted and he has told the residents to also contact the Park Department since the maintenance staff is trained to write citations for civil infraction violations when they see a violation being committed. Under the City'S ordinance, dogs are required to be on a leash not to exceed 8 feet and to pick-up their dog's waste. In regards to the fence issue, he did not feel that rocks/bOUlders would be appropriate. Mr. Waggoner stated that he, along with other residents in the area, are willing to build a fence if the City would furnish the materials. Administrator Childs appreciated Mr. Waggoner's offer and stated that there does seem to be some possibilities for a simple solution to the problems. In regards to Code Page 2 - Council Meeting Minutes, May 8, 1995 I _.~'-""'-'."''T^.. ... . COUNCIL MEETING MINUTES May 8, 1995 TAPE READING Enforcement and priorities, enforcement of zoning issues and nuisance abatements such as garbage have received priority over dog control issues. Hopefully, both concerns expressed by Mr. Waggoner can be solved within the near future. CHAMBER OF COMMERCE REPORT. Dorothy Monnier, representing the Chamber Board, invited the Council to attend the Chamber's Greeter Meeting at the Commercial Bank on May 17th at 8:00 a.m.. Also on that date, the Chamber Forum will be held at Yun Wah's Restaurant at 12:00 noon. Guest speaker will be Miles McCoy on the Oregon Garden Project. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT #95-02. ZONE CHANGE #95-02. VARIANCE #95-01. AND SITE PLAN REVIEW #95-03 (Wood~urn Fertilizer. Inc.). Mayor Kirksey declared the public hearing open at 7:20 p.m.. Recorder Tennant read the Land Use statement required by ORS 197.763. Community Development Director Goeckritz entered the following staff exhibits into the record: 1) City's staff Report; and 2) Applicant's Staff Report. He stated that the applicant, Woodburn Fertilizer, Inc., has requested the rezoning of Parcels 1 & 2 from single-family residential (RS) to Light Industrial (IL) and Parcels 3 & 4 from multi-family residential (RM) to Light Industrial (IL). On the Comprehensive Plan map, the change would be from Residential to Industrial. In regards to Parcel 2, the property is currently owned by the applicant and it is not an individual tax lot. However, the parcel was originally split zoned and the proposed amendment would designate their entire property as Industrial. This parcel currently provides parking area for equipment and the applicant is requesting the plan amendment and zone change in order to allow the construction of a storage shed on this property. Parcel 1 is currently owned by Garett Bates who has a single family dwelling on the property. Mr. Bates is in complete agreement with the proposed amendment. Parcels 3 and 4 are currently owned by the applicant and these parcels have been used for driveway access and employee parking. The application includes variances on Parcel 2 relating to sideyard setback and landscape buffer. Director Goeckritz stated that the site plan for the storage facility does include landscaping and fencing as required by the ordinance. On March 23, 1995, the Planning Commission held a public hearing on this issue and subsequently approved the amendments to the Comprehensive Plan and Zone Map, the storage facility site plan, and the two variance requests. The City Council is required to act on the Comprehensive Plan and Zone Map amendments, however, they do Page 3 - Council Meeting Minutes, May 8, 1995 r ....-. ._.._........".~..--"~.. -.--.'- ~ - -_._..,,'_....".~.,._~~,..,,~._-.._- - - COUNCIL MEETING MINUTES May 8, 1995 TAPE READING not need to act on the site Plan or Variance issue unless they want to modify or deny the Planning Commission's action. Mark Shipman, attorney representing Woodburn Fertilizer, Inc., stated that they have worked on this issue for about 5-6 months which included neighborhood meetings to try and work out any problems prior to its going before the Planning Commission. They have also done an inventory of land as part of their staff report which shows that there is a shortage of industrial land in Woodburn. Parcel 2 is an existing paved driveway area used for parking equipment. Parcels 3 and 4 have been used over the past 20 years as driveway access and employee parking and the applicant would like to correct this situation by making the necessary amendments to the Plan and zoning maps. As part of the site plan for the storage shed facility on Parcel 2, a variance is being requested to the 30' required buffer strip and the applicant will be installing more landscaping and fencing than what is currently required under the ordinance. He expressed his opinion that the application adequately addresses the Comprehensive Plan and Zone Change criteria and goals. In summary, they are in agreement with the staff and Planning Commission recommendation and feel that amendments to Parcels 3 and 4 will put the maps in agreement with how the property has been used for many years and for Parcels 1 and 2, it will extend the light industrial zone all the way to Hardcastle. Scott Rorrick, General Manager of Woodburn Fertilizer, Inc., provided the Council with a letter from the owner, Scott Burlingham (Proponent Exhibit #1). He stated that Woodburn Fertilizer has been in existence since 1941 at its present site and provides family wage jobs for approximately 70 employees. The business owners and employees have also been very supportive of the community and have devoted many volunteer hours to Woodburn in elected and appointed positions. The business has recently planted 100 trees at the north end of the property and they have built into their budget additional funds to improve the dust collection system even though their current system meets DEQ requirements. Approval of the proposed amendments will allow for the development of the contiguous owned property in an orderly manner. On behalf of Woodburn Fertilizer, he requested Council approval of their application. Jane Kanz, Chamber Executive Director, also spoke in support of the Comprehensive Plan and Zone Map amendments. She cited the growth of the business over the last several years along with improvements made at the current site as a positive factor in approving the application. Page 4 - Council Meeting Minutes, May 8, 1995 T' 0... 0____ ..__.__.~._.._-, .-.,. - ...--_.. .--,. !II . COUNCIL MEETING MINUTES May 8, 1995 TAPE READING Mick DeSantis, owner of property located on Hardcastle which is the second lot to the east of Parcel 2, stated that he was unable to appear at the Planning Commission hearing to state his objections. He stated that, in his opinion, there is plenty of Industrial land within the current city limits. Additionally, the petitioner owns property to the north of their existing operations which could be utilized for the storage shed facility. Secondly, Parcel #1 is owned by another individual with a single family dwelling on the property and he objected to a variance in the buffer zone because of the differences between residential and industrial property uses. Thirdly, he felt that changing the existing zone on Parcels 1 & 2 would be detrimental to the neighborhood. The original property was considered grandfathered in the 1980's when the plan was adopted while Parcel #2 was purchased in 1987. In his opinion, Parcel #2 is outside of the original intent to make this property industrial. He also expressed concern over the construction of a large storage facility on such a small parcel of land. Attorney Shipman stated that the applicant wants to build a storage shed to protect their equipment. Mr. Bates would also like to see his property zoned light industrial and rezoning both parcels will square up the area all of the way to Hardcastle Ave. He briefly discussed the 10' side yard setback variance, in which Mr. Bates is also in agreement with, along with the inclusion of a 1 hour fire wall. Both the Fire Department and Building Department have reviewed the construction plans and standards have been set. Their will be a 3' landscape strip plus a site obscured fencing to try and preserve the integrity of the residential area. These factors have all been raised at the staff and Planning Commission level. He expressed his opinion that bringing the industrial area to Hardcastle would not have an adverse impact on the residential area. On Parcels 3 & 4, the applicant is proposing to pave and landscape the area. Mayor Kirksey closed the public hearing at 8:05 p.m.. Councilor Jennings stated that he was offended by some of the statements made by Attorney Shipman regarding the condition of the neighborhood. Councilor Pugh stated that he does see a need for industrial land, however, if a zone change could potentially cause a slow deterioration in an existing area then he is against an amendment to the current plan. In this case, he feels that bringing the industrial zone all the way to Hardcastle would not be in the best interest of the surrounding property owners. JENNINGS/SIFUENTEZ.,.. approve the application request and direct the staff to draft an ordinance with findings of fact Page 5 - Council Meeting Minutes, May 8, 1995 T '-'~-".'.' -,._-~.~--~_.._-,_..-~-,~_~._.___.'."_4. ....... ..".._.._.~,_.~_.._._,_~ '!Il I COUNCIL MEETING MINUTES May 8, 1995 TAPE READING in favor of the Comprehensive Plan amendment, Zone Map amendment, site Plan review, and variances as recommended by the Planning Commission. On roll call vote, the motion passed 4-1 with Councilor Pugh voting nay. PUBLIC HEARING - WASTEWATER FACILITIES PLAN. Mayor Kirksey declared the public hearing open at 8:07 p.m.. Scott Burlingham, Wastewater Advisory Committee Chairman, stated that the Committee was formed in 1993 to evaluate the wastewater facility needs as it related to the discharge of effluent into the Pudding River and stringent DEQ requirements. He introduced the members of the Committee who have dedicated numerous hours on this project. In addition, he stated that Barbara Lucas has served as the Public Relations person in getting the information out to the local residents and encouraging public involvement. The Committee held two open houses to share their work with the pUblic and solicit opinions on designs and rate structures. Major decisions have been made by the Committee which will become recommendations to the Council. Public Works Director Tiwari stated that this project has been much more difficult than the planning process for the current plant which was done in the mid-1970's. There has been a lot of public involvement to date. The purpose of this hearing is for the Council to receive public input before the final Facilities Plan is adopted in July 1995. He provided a brief overview of plan which will allow for a population growth of 3.4% each year which equates to a estimated population of 38,000 by the year 2015. Gordon Merseth, Consulting Engineer, discussed the regional issues which were brought before the Committee as it relates to the Pudding River basin. A Service Provider Study included several surrounding cities, Marion & Clackamas counties, Oregon State Parks, and Oregon Dept. of Transportation. The goal of the study was to identify common needs and protect local groundwater supplies. The findings of the study were as follows: 1) Sludge Handling & Disposal - the new plant would be available for emergency sludge services, b) available to serve small cities for sludge disposal when periodic services are required and the cities utilizing this service would pay a negotiated fee for this service, and c) utilize the poplar tree farm concept, 2) Laboratory Services - it was recommended that the City negotiate individual interagency agreements on a case by case basis for lab services. 3) Septage Treatment - certified haulers be allowed to bring in and pay a fee for disposal and treatment of septage. In regards to how much septage is received, it was recommended Page 6 - Council Meeting Minutes, May 8, 1995 '!'-- ,.....__ .. __.~__.._~.'''_..._ '_~_"""_"'___h".~U'.'""_,_"_,, COUNCIL MEETING MINUTES May 8, 1995 TAPE READING that up to 1% of the total plant flow be allowed. In regards to leachate, it would constitute about 1.5% of the present flow and less than 1% of the flow by the year 2020. Providing this service will have no impact on the treatment plant design. Public Works Director Tiwari stated that providing these services, when necessary, will help to protect the groundwater. Daria Wightman, CH2M Hill consultant, stated that DEQ has set ammonia limits for discharge of effluent into the Pudding River. These limits are so stringent that the city will be unable to discharge to the river during the months of July and August, therefore, alternative means of taking care of the effluent need to be considered. During the preliminary plan design stage, the Committee looked at various alternatives and ultimately decided to recommend an expansion and upgrade of the current treatment plant facility. This option was the most economical and will meet the projected needs of the City over the next 20 years. The Committee did research the SEPA project but this method did not work out and it will be at least 10 years before a dam project upstream is built. Tape 2 She reviewed the plant design and other technical aspects of the project in the areas of sludge disposal, clarifiers, and the use of ultraviolet disinfection versus chlorination. 0084 Mark Madison, CH2M Hill Agricultural Engineer, stated that a Poplar Tree plantation is being recommended by the Committee as an alternative for using all of the water during the summer months. Poplar trees will use more water and nutrients and it is anticipated that approximately 400 acres of poplar trees will be sufficient to use all of the water during those months. These trees are fast growing and are used in the wood fiber industry. The Committee is recommending the installation of an 8 acre prototype to test this alternative before a fUll-scale system is put into place. 0207 Public Works Director Tiwari stated that the Committee is recommending that the project be phased-in over a period of years. The last plan review was approximately 20 years ago and we are now reaching capacity. This planning process is intended to project out for the next 20 years. The poplar tree plantation will not only take care of the water distribution but will provide a distribution area for sludge and backyard debris. 0300 Dean Morrison, Asst. City Engineer, briefly reviewed the City's collection system which includes a service area of 3,419 acres, 14,5 miles of main line, 43.2 miles of collector Page 7 - Council Meeting Minutes, May 8, 1995 T- ,__ 'w_.__,._ . ,_~ '.....,.._. '"~"'~~'_'_."._"_ _._.__.m____..~.~.,,~,._~,~.._~~< - . TAPE READING 0390 0589 0900 COUNCIL MEETING MINUTES May 8, 1995 lines, and 10 pump stations. Capital improvement costs in these areas are estimated at $3.9 million with the cost distribution being $1.19 million to existing users and $2.97 million to new users. The Plan calls for changes in the number and locations of some of the pump stations with an end result of 8 pumping stations rather than 10. Debbie Davis, CH2M Hill, provided an overview of the methodology and objectives in establishing a rate structure which would provide adequate revenues, make it affordable and equitable, and provide a fairness between current and future users. She briefly reviewed some technical issues on how rate proposals were developed. Additionally, she addressed legislative restrictions on how money is collected and spent, such as, Systems Development Charges assessed to new developments for capacity development, reimbursement fees for services, and improvement fees which are restricted to capacity improvements. Public Works Director Tiwari reviewed a proposed rate structure which would provide residential customers with a cost per unit basis rather than the current flat rate basis. Under the cost per unit basis, the minimum monthly bill would be $19.19 with the regular monthly rate increasing by $3.59 per 100 cubic foot of water used. To arrive at the regular monthly rate, a household's 3-month average water usage during the winter months would be used to determine the monthly rate. In regards to commercial and industrial customers, they have been paying on a minimum plus volume cost basis for many years. There minimum bill would be $24.27 which will increase by $5.08 per 100 cubic foot of water use. He also briefly reviewed the proposed Industrial rate structure which will also see a similar rate increase. In regards to the SDC charges for new development, the current fee for new residences is $2,872 and it will increase to $2,972 by next year. This is only a small increase in the SDC amount, however, this fee has had a steady increase over the last few years whereas the basic user rate has not increased for at least two years. The staff and Committee are still researching different rate options and a recommended option will be presented to the Council in July. Barbara Lucas, 214 E. Clackamas CI, stated that she had been the public information person for the Wastewater Committee since September 1993 and has done a lot of research and written several essays on this issue. She spoke in favor of the proposed phase-in construction, insuring fair-share rates for all users, and pursual of the poplar tree plantation test plot. Page 8 - Council Meeting Minutes, May 8, 1995 r ~-,-_. .._,_.~--_._- 11 I COUNCIL MEETING MINUTES May 8, 1995 TAPE READING Administrator Childs read a letter from Ben Hill, West Coast Operations Director for Smuckers, in support of the proposed Facilities Plan and of the proposed rate structure even though their costs for wastewater disposal will escalate. Mick DeSantis, 700 Smith Dr., stated that he was in favor of a fixed rate residential charge so that residents would keep up their yards and gardens. In regards to the System Development Charges, he did not feel that a true comparison is being made on the rate charts since one set of comparisons for user fees have different cities than those for SDC charges. Mayor Kirksey stated that the fixed plus volume rate is based on the average 3-month winter water usage, therefore, it would not affect customers watering their lawns during the summer months. The public hearing was closed at 9:16 p.m.. Councilor Jennings stated that he has heard from several of his constituents who tend to favor the fixed plus flow rate structure. He urged other members of the community to speak up on this issue before any final decisions are made this summer. Also, the business community needs to speak up on the issue of 3 classes and the fair share rate structure. Councilor Pugh complimented the staff on their technical presentation. In regards to future rates, he is considering the fixed rate schedule and he urged his constituents to contact him as to their preference. Councilor Chadwick stated that a majority of the calls have been in favor of the minimum plus flow rate structure. Councilor Sifuentez stated that the calls she has received indicate a split in how the rate structure should be established. Councilor Hagenauer stated that he was inclined to go with a fixed rate structure but he did not object to the minimum plus flow rate structure. Public Works Director Tiwari stated that staff did not need a decision tonight on this issue. The Wastewater Advisory Committee will have another workshop with the Council and the Facilities Plan will be adopted by the Council at a subsequent meeting, He also stated that he will be looking into those situations in which customers have sewer service only and do not have water usage data available to base a minimum plus volume rate structure fee. 1580 The Council took a break at 9:23 p.m. and reconvened the meeting at 9:30 p.m.. Councilor Sifuentez left the meeting at 9:30 p.m. due to illness. Page 9 - Council Meeting Minutes, May 8, 1995 I ~',"'. .~'--_._._,.~....._._,..-.~~,-_.., ,._-_._._~_......~,.." .._-,-.,,,.,.~.~-- .. I TAPE READING 1588 2000 COUNCIL MEETING MINUTES May 8, 1995 TABLED BUSINESS - HERMANSON STREET SPEED LIMIT SIGNAGE REOUEST. JENNINGS/PUGH.,. remove the Hermanson Addition Neighborhood Watch request from the table. The motion passed unanimously. Included in the agenda packet were memos from the Police Department and Public Works addressing the issue of traffic control signs and alternative solutions to their problems. Police Chief Wright stated that his department personnel had previously met with the neighborhood watch group and several issues were discussed at those meetings which ultimately resulted in their sending the letter to the Council. He apologized to the Council since procedure should have been for his staff to have the group work with administrative staff first to address the signage issues. Police Lt. Null stated that a member of the Police Dept. will be meeting with the group on May 13th and a recommendation will be made to the group that they participate in the citizen Radar Patrol for their neighborhood. Additionally, the Reader Board can be placed on Marshall Street to alert drivers of their speed, and, if necessary based on the citizen Radar Patrol surveys, make patrol assignments to enforce traffic laws. Mayor Kirksey encouraged residents to get involved. She stated that any neighborhood association member can participate in the citizen Radar Patrol program as long as they have been trained by the Police staff to operate the equipment and take down the appropriate information. Councilor Jennings stated that more warning signs can be helpful but he is willing to try other measures first. Public Works Manager Rohman stated that Marshall Street is a 30 foot wide street which is wide enough to accommodate parking on both sides of the street. Councilor Jennings stated that lately, he has had to wait on Marshall st. when an on-coming car is driving down Marshall st. and cars are parked on both sides of the street. In his discussions with members of the neighborhood group, their two problems are 1) speeding and 2) parked cars. The Police Department will report back to the Council after their May 13th meeting with the group. Administrator Childs reminded the public that, universally in town, the speed limit is 25 MPH unless otherwise posted. COUNCIL BILL 1626 - RESOLUTION ENTERING INTO MEMORANDUM OF AGREEMENT WITH THE WOODBURN POLICE ASSOCIATION FOR SPANISH AND RUSSIAN LANGUAGE INCENTIVE PAY. Council Bill 1626 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final Page 10 - Council Meeting Minutes, May 8, 1995 "r- .~ _. ..,....._.. ..pm"_<...... . ..... ..._"" _n...."._.._~.~__,.,__~~__~__ TAPE READING 2034 2109 2205 2238 2268 COUNCIL MEETING MINUTES May 8, 1995 passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1626 duly passed. COUNCIL BILL 1627 - RESOLUTION ENTERING INTO A MEMORANDUM OF AGREEMENT WITH THE WOODBURN POLICE ASSOCIATION RELEVANT TO THE CREATION OF NORCOM (9-1-1 DISPATCH CENTER). Councilor Hagenauer introduced Council Bill 1627. The bill was read by title only since there were no objections from the Council. On roll call vote, Council Bill 1627 passed unanimously. Mayor Kirksey declared the bill duly passed. COUNCIL BILL 1628 - RESOLUTION AUTHORIZING A MODIFIED INTERGOVERNMENTAL AGREEMENT FOR COMMUNICATIONS SERVICES AND ESTABLISHING NORCOM. Council Bill 1628 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 1628 duly passed. Councilor Jennings requested clarification of who serves on the User Board. Administrator Childs stated that each member jurisdiction has one elected official and one administrative representative which constitutes one vote per jurisdiction, and each member agency has one administrative representative which also constitutes one vote per agency. COUNCIL BILL 1629 - RESOLUTION CERTIFYING THE ELIGIBILITY OF THE CITY TO RECEIVE STATE-SHARED REVENUES DURING FISCAL YEAR 1995-96. Council Bill 1629 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Council Bill 1629 was declared duly passed by Mayor Kirksey. COUNCIL BILL 1630 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH OREGON DEPT. OF TRANSPORTATION FOR SEATBELT AND MOTORCYCLE HELMET ENFORCEMENT GRANTS. Council Bill 1630 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, Council Bill 1630 passed unanimously. The Mayor declared the bill duly passed. COUNCIL BILL 1631 - RESOLUTION DIRECTING THE PLACEMENT OF A STOP SIGN ON WARREN WAY AT THE INTERSECTION OF BROWN STREET. Councilor Hagenauer introduced Council Bill 1631. Recorder Tennant read the bill by title only since there were no Page 11 - Council Meeting Minutes, May 8, 1995 r ."_._...,...._.4.__..._.._..___.,_._..~..""_".>._,'"_.~~.,..~...._~._~_~~._. - - TAPE READING 2290 2317 2340 2410 COUNCIL MEETING MINUTES May 8, 1995 objections from the Council. On roll passage, the bill passed unanimously. Council Bill 1631 duly passed. call vote for final Mayor Kirksey declared COUNCIL BILL 1632 - RESOLUTION ENTERING INTO AN AGREEMENT WITH THE CITY OF SALEM FOR USE OF SALEM SENIOR CENTER OFFICE SPACE BY THE RETIRED SENIOR VOLUNTEER PROGRAM. Council Bill 1632 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, Council Bill 1632 passed unanimously. Mayor Kirksey declared the bill duly passed. COUNCIL BILL 1633 - RESOLUTION AUTHORIZING AN AGREEMENT WITH CH2M HILL FOR INSTALLATION OF POPLAR TREE TEST PLOT. Council Bill 1633 was introduced by Councilor Hagenauer. Recorder Tennant read 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 1633 duly passed. COUNCIL BILL 1634 - RESOLUTION AUTHORIZING AN AGREEMENT WITH CH2M HILL FOR INSTALLATION OF AN IRRIGATION SYSTEM RE: POPLAR TREE TEST PLOT. Councilor Hagenauer introduced Council Bill 1634. 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 1634 duly passed. Attorney Shields stated that the City has just received the final form of the agreement and signing of the agreement will be contingent upon his final review of the document. CONTRACT AWARD - CITY HALL HVAC SYSTEM IBid #95-121. Bids were received from the following vendors for the replacement of the City Hall Heating, Ventilation, and Air- Conditioning system: C.J. Hansen Co., Inc., $81,821; and Temp Control Mechanical, $158,445. The bid results included the deletion of items 3, 5 & 7. Within the staff report, it was noted that the consulting engineer's estimate for the replacement of the system was $72,000, however, after the bid opening, the engineer's suggested that the low bid be accepted due to the active construction market. Staff concurred with the engineer's suggestion and recommended that the bid be awarded to C.J. Hansen Co., Inc.. JENNINGS/PUGH... delete items 3, 5, & 7 from Bid Proposal #95- 12 and award the bid for the remaining items to replace the City Hall HVAC system to C.J. Hansen Co., Inc., in the amount of $81,821.00. The motion passed unanimously. Page 12 - Council Meeting Minutes, May 8, 1995 r .-..--, -..~.......,---,.......-,,--_._". --.- .' -. ,~_...._._-_._-~ . - - TAPE READING 2431 2460 COUNCIL MEETING MINUTES May 8, 1995 CLAIMS FOR THE MONTH OF APRIL 1995. JENNINGS/PUGH.... approve voucher checks #26930 - 27240 for the month of April 1995. The motion passed unanimously. STAFF REPORTS. A) Community Development Block Grant -- The city has been awarded a Block Grant for housing rehabilitation in the amount of $300,000. These funds, in addition to the $100,000 currently available in the Housing Rehabilitation Fund, will be used primarily as loans to low and moderate income families at a low interest rate to rehabilitate owner-occupied homes. Community Development Director Goeckritz stated that the Mayor will need to appoint 5 individuals to the Loan Review Committee, one of which could be Councilor Figley who is willing to chair the Committee. B) Library Parking Lot Construction - Administrator Childs briefly reviewed the options outlined in the memo and he stated that the basic design (Option 1) is estimated to cost an amount close to the General Fund budgeted amount. Option 1 will provide an additional 10 parking spaces while Option 2 will add another 3 parking spaces at an additional estimated cost of $8,373. Option 3 provides for a mall-type effect between the Library and City Hall at an even higher price tag, however, it was noted that the Option 1 design can be expanded in the future to accommodate the Option 3 design. After a brief discussion on the options, it was the consensus of the Council to hold this issue over to the next meeting and staff will make a formal presentation at that time. C) Background Information RE: Prospective Purchaser of the Salud Building - Administrator Childs stated that Dan Berrey, prospective purchaser of the building, will try to meet with the Council at the May 22nd meeting but will certainly meet with them on June 13th if he is unable to attend the May 22nd meeting. A timeline of Mr. Berrey's due diligence process prior to making a final decision on the purchase of the property was provided to the council for their information. D) Sunday Library Hours - A memo from Library Director Sprauer provided statistical information on circulation during the December 1994 through April 30, 1995 Sunday Library hours. The program will again begin either in September or November 1995. E) Drop-Off site for Mail-In Election Ballots - May 16th State-wide Election. F) Building Activity Report for April 1995. Page 13 - Council Meeting Minutes, May 8, 1995 .,-'. -"-_..._-~~~~-~~."._-_...._--,.."'.,~......~~.."--'- - . TAPE READING 2829 2900 2910 2955 ATTEST COUNCIL MEETING MINUTES May 8, 1995 G) Community's Use of Radar Equipment - Chief Wright encouraged members of neighborhood associations to check-out the radar equipment when their is a perceived problem with motorists speeding in residential neighborhoods. Mayor Kirksey stated that she had attended a meeting at the League of Oregon cities involving Mayors from around the area. In regards to the Transportation Package, work is still being done to try and get legislative approval of this package. She encouraged the Councilors and the pUblic to contact their legislators to urge a favorable vote on this issue since, in her opinion, it is a user tax and the additional revenues will be used to fund major capital improvements locally and around the State. EXECUTIVE SESSION. JENNINGS/PUGH.... adjourn to executive session to consult with legal counsel concerning the legal rights and duties of a public bOdy with regard to current litigation or litigation likely to be filed under the authority of ORS 192.660(1)(h). The motion passed unanimously. The meeting adjourned to executive session at 10:03 p.m. and reconvened at 10:26 p.m.. Following the executive session, JENNINGS/PUGH.... authorize the City Attorney to defend the city on the Mar-Dene Corporation vs. the City of Woodburn and devote such resources towards this defense as reasonably necessary and continually report to the City Administrator and city Council on the status of this litigation. For the record, Mayor Kirksey stated that the Mar-Dene Corporation is also known as Wendy's. The motion passed unanimously. ADJOURNMENT. JENNINGS/HAGENAUER.... meeting be adjourned. passed unanimously. The meeting adjourned at The motion 10:30 p.m.. APPRRD~~ ~ __ / ~ NAN Y A. KI , MA~OR fY1~ ~d Mary nant, Recorder City of Woodburn, Oregon Page 14 - Council Meeting Minutes, May 8, 1995 r ..-_....__._,- .,..-_..~_._~."-,.__. -~..,~ - - -