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Minutes - 03/08/1993 --- - -... COUNCIL MEETING MINUTES March 8, 1993 TAPE READING 0001 DATE. COUNCIL CHAMBERS. CITY HALL. CITY OF WOODBURN. COUNTY OF MARION. STATE OF OREGON. MARCH 8. 1993. ~ CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. 0014 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kelley Arntzen Figley Galvin Hagenauer Jennings Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Finance Director Gritta, Park Director Holly, Public Works Manager Rohman, City Recorder Tennant 0025 MINUTES. JENNINGS/ARNTZEN.... approve the Council minutes of February 22, 1993 and the Council executive session minutes of February 22 and 25, 1993; accept the Planning Commission minutes of February 25, 1993, the Park Board minutes of January 25, 1993, and the Library Board minutes of February 24, 1993. The motion passed unanimously. 0041 REAPPOINTMENT OF RSVP ADVISORY COUNCIL MEMBERS. Mayor Kelley reappointed the following individuals to the RSVP Advisory Council: Maxie Henkes, Nancy Kirksey, Cliff Small, Ardith Stromme, Wendel Tamburro, and Lillian Warzynski. JENNINGS/FIGLEY... appointments to the RSVP Advisory Council be approved. The motion passed unanimously. 0061 APPOINTMENT - PARK AND RECREATION BOARD. Mayor Kelley appointed Rev. Frank Anderson to the Recreation and Park Board to fill an unexpired term which ends on December 31, 1994. The vacancy was created by the recent resignation of Lynda Hamilton. JENNINGS/FIGLEy.... appointment of Rev. Frank Anderson to the Recreation and Park Board be approved. The motion passed unanimously. Page 1 - Council Meeting Minutes, March 8, 1993 ] - - .-, COUNCIL MEETING MINUTES March 8, 1993 TAPE READING 0075 The following meeting dates were announced by Mayor Kelley: Council Executive Session - March 15, 1993, 6:30 p.m., City Hall Council Chambers, regarding litigation pending with Emanuel Hospital; Council workshop - March 15, 1993, 7:00 p.m., City Hall Council Chambers, regarding Wastewater load allocations; and Dept. of Environmental Quality (DEQ) Public Hearing - March 18, 1993, 7:00 p.m., City Hall Council Chambers, regarding Wastewater load allocations. 0094 CHAMBER REPORT. Patrick Vance, Chamber Board member, reminded the Council that the Chamber luncheon forum will be held on Wednesday, March 17th, 12:00 noon, at the Woodburn Elks Club. The guest speaker will be City Administrator Chris Childs. Other items of interest include (1) the 1993 Official Oregon Travel Guide is now available at the Chamber office and (2) the Chamber will be representing Woodburn at the Trailfest in Portland on March 20th and 21 st. The Trailfest is the Portland kickoff of the Oregon Trail Celebration. 0164 Rebecca Bingley, 363 Bradley, addressed the Council regarding the staff report on the installation of a street light on "A" Street between Bradley and Stark Streets. She stated that the proposed street light would be positioned behind her home which sits on the corner of "A" Street and Brad ley. She stated that she has been burglarized three times through her backyard and she feels it would be beneficial to the neighborhood to have the additional lighting to deter vandalism and youth gangs in their area. 0218 Bob Engle, attorney representing WWDM properties, stated that he would like to address the Council before Council Bill 1452 (K-Mart/Bi-Mart traffic signal) is considered by the Council since his clients feel that a traffic signal at Progress Way would be more appropriate than the proposed location. He stated that he had written a letter to the City in January requesting that the publiC hearing on the formation of the assessment district be re-opened. He stated that his clients feel that a traffic light at Highway 214 and Progress Way is more warranted than the proposed location since the large trucks have a more difficult time entering the Highway from Progress Way. They also feel that some of the traffic studies are in error and that it would be a detriment to the City if a traffic signal is placed at the proposed location. 0365 COUNCIL BILL 1449 - ORDINANCE ADOPTING 1993 OREGON MECHANICAL SPECIALTY CODE AS ESTABLISHED BY THE STATE OF OREGON. Council Bill 1449 was introduced by Councilor Hagenauer. 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. Page 2 - Council Meeting Minutes, March 8, 1993 'If - - -', COUNCIL MEETING MINUTES March 8, 1993 TAPE READING Mayor Kelley declared Council Bill 1449 duly passed with the emergency clause. ~ COUNCIL BILL 1450 - ORDINANCE ADOPTING THE 1993 OREGON STRUCTURAL SPECIALTY CODE AS ESTABLISHED BY THE STATE OF OREGON. Council Bill 1450 was introduced by Councilor Hagenauer. Recorder Tennant advised the Council that the Council Bill numbers as listed on the agenda were reversed for the purpose of identifying which bill adopted the mechanical versus structural code. 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, Council Bill 1450 passed unanimously. Mayor Kelley declared the bill duly passed with the emergency clause. 0473 COUNCIL BILL 1451 - ORDINANCE PROPOSING A TAX LEVY OUTSIDE THE TAX BASE FOR FISCAL YEAR 1993-94 AND CALLING FOR A SPECIAL ELECTION. Councilor Hagenauer introduced Council Bill 1451. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Jennings referred to a motion made at the February 25th Budget Committee meeting which included 3 components. As far as he was concern, he wanted to assure the Committee that all three areas would be looked at, however, he did not want to reconvene the Budget Committee at this time since it is important that the budget hearing proceed before the Council prior to the May 18th election date. On roll call vote for final passage, Council Bill 1451 passed unanimously. Mayor Kelley declared the bill duly passed with the emergency clause. 0590 COUNCIL BILL 1452 - ORDINANCE RELATING TO THE INSTALLATION OF A TRAFFIC SIGNAL AT THE K-MART/BI-MART ACCESS TO HIGHWAY 214. Council Bill 1452 was introduced by Hagenauer. The two readings of the bill were read by title only since there were no objections from the Council. Councilor Figley questioned the staff as to whether or not installation of the traffic signal at the K-Mart/Bi-Mart access would preclude the installation of a traffic signal at the Progress Way intersection to Highway 214. Public Works Director Tiwari stated that if the ordinance is approved, the installation of a traffic signal at Progress Way will probably be delayed for several years. Page 3 - Council Meeting Minutes, March 8, 1993 'If -- - '-"" COUNCIL MEETING MINUTES March 8, 1993 TAPE READING Councilor Arntzen questioned if the City could wait and pursue installation of traffic signals at both locations at the same time. Public Works Manager Rohman stated that it is the contention of the State Highway Department that warrants are not met at the Progress Way intersection at this point in time. From a technical viewpoint, car counts are used as one source to determine if warrants are met. At the Progress Way intersection, the majority of movements onto Highway 214 are right turns and right turn movements are not considered as critical in meeting warrants. It was noted that a letter has been sent to the State Highway Department requesting them to initiate the traffic installation process to determine if a traffic signal is warranted at the Progress Way intersection. On roll call vote for final passage, the vote was 0-6. The Mayor stated that the bill was defeated. 0906 COUNCIL BILL 1453 - RESOLUTION ENTERING INTO A LOCAL AGENCY FUND EXCHANGE AGREEMENT WITH THE STATE OF OREGON FOR THE COUNTRY CLUB ROAD/OREGON WAY REALIGNMENT PROJECT. Council Bill 1453 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, Council Bill 1453 passed unanimously. Mayor Kelley declared the bill duly passed. 0941 COUNCIL BILL 1454 - RESOLUTION ENTERING INTO AN AGREEMENT WITH QUALITY GOVERNMENT SERVICE ASSOCIATES FOR CONSULTING SERVICES RELATING TO FORMULATION OF TRANSPORTATION AND STORM WATER SYSTEM DEVELOPMENT CHARGES. Councilor Hagenauer introduced Council Bill 1454. The bill was read by title only since there were no objections from the Council. Councilor Jennings stated that the Transportation Task Force has been looking at funding sources to resolve transportation problems. On rol~call vote for final passage, Council Bill 1454 passed unanimously. Mayor Kelley declared the bill duly passed. 0996 In regards to Council Bill 1453, Councilor Galvin questioned the allocated amount that the City would receive. Public Works Manager Rohman stated that the City would receive 94% of the total federal funds available to assist in the funding of the realignment project. Page 4 - Council Meeting Minutes, March 8, 1993 ~ - - ~- COUNCIL MEETING MINUTES March 8, 1993 TAPE READING 1037 COUNCIL BILL 1455 - RESOLUTION ENTERING INTO AGREEMENT WITH MARION COUNTY FOR THE PURPOSE OF PROVIDING GAMING LAW ENFORCEMENT AND AUTHORIZING A NEEDS ASSESSMENT SUMMARY. Council Bill 1455 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 'Kelley declared Council Bill 1455 duly passed. 1075 COUNCIL BILL 1456 - RESOLUTION ENTERING INTO AN AGREEMENT WITH THE STATE OF OREGON TO PROVIDE SAFETY BELT AND MOTORCYCLE HELMET LAW ENFORCEMENT. Councilor Hagenauer introduced Council Bill 1456. 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 Kelley declared the Council Bill 1456 duly passed. 1099 ACCEPTANCE OF WATERLINE EASEMENT - BI-MART CORPORATION. The staff recommended the acceptance of a 16 foot wide waterline easement located the length of their property along the west side. JENNINGS/FIGLEy.... waterline easement from Bi-Mart Corporation be accepted. The motion passed unanimously. 1124 CLAIMS FOR THE MONTH OF FEBRUARY 1993. SIFUENTEZ/GAL VIN.... approve voucher checks #17809 - #18096 for the month of February 1993. The motion passed unanimously. 1147 NEW BUSINESS. JENNINGS/ARNTZEN... convene a public hearing concerning the installation of traffic signals at the Progress Way intersection and the K-Mart/Bi-Mart access on Highway 214. During the discussion period, Public Works Director reviewed the process for developing an assessment district which entails the passage of resolutions to initiate an engineering study and calling for a public hearing to determine which properties would be assessed. He also stated that ultimately, the State will decide the location of the traffic signal(s). Councilor Jennings stated that the issue is at which location should a traffic signal be installed. There are conflicting views on the subject and he feels a hearing would bring out the issues from both sides, and by that time, the State may have arrived at a decision as to what location they would authorize a signal. Page 5 - Council Meeting Minutes, March 8, 1993 , 11" -. - ~ COUNCIL MEETING MINUTES March 8, 1993 TAPE READING Attorney Shields stated that the Council could convene a public hearing, however, he suggested that a workshop might be appropriate to openly address the concerns of the property owners along Progress Way. Public Works Director also advised the Council that the assessment district process for the K-Mart/Bi-Mart traffic signal would have to start all over anyway since the 90-day period in which to authorize the improvement has lapsed with the recent defeat of Council Bill 1452. Following some additional discussion on this issue, the motion and second were withd rawn. 1465 JENNINGS/ARNTZEN.... hold a workshop on the merits of installing a traffic signal at one or both intersections. It was noted that the meeting will be publicly noticed and staff will try to have a State Highway Department representative at the meeting. The motion passed unanimously. .1.Q1Q JENNINGS/FIGLEy.... Council authorize the Cable TV Access Committee to spend up to $5,000 of the $55,000 budgeted to get camera equipment. Councilor Jennings stated that the studio is practically ready at Northland Cable but equipment is necessary to tape public access programs in the studio and in the field. The intent of his motion was to expedite the process by allowing the Cable TV Access Committee to pursue the purchase of the equipment following the City's purchasing rules. Administrator Childs stated that the appropriation of cable TV funds is part of the proposed supplemental budget which will be considered by the Council at their March 22, 1993 meeting. He also reminded the Council that the ordinance does provide for types of equipment to be purchased with the funds deposited by Northland Cable and that Public Contract rules must apply to the purchase of equipment. Mayor Kelley suggested that the money spent on the purchase of equipment be kept as close to the City as possible. On roll call vote, the motion passed unanimously. 1890 SITE PLAN - #93-01 OREGON DEPT. OF TRANSPORTATION. The Planning Commission has approved the construction of a 30'x74' pole building on the northwest corner of ODOT's Woodburn Maintenance yard. Councilor Jennings stated that he had received 3 telephone calls in favor of the site plan. The Council took no action on the Planning Commission's decision. 1939 Mayor Kelley recessed the meeting at 8:06 p.m. and reconvened the meeting at 8: 11 p.m.. Page 6 - Council Meeting Minutes, March 8, 1993 " -. - -., COUNCIL MEETING MINUTES March 8, 1993 TAPE READING ~ STREET LIGHT REQUEST: "A" STREET. Within the staff memo, it was recommended that, from a technical point, the existing light on A Street between Bradley and Stark Street be upgraded from a 70 Watt HPS to a 100 Watt HPS and that another pole not be installed at this time. Councilor Jennings expressed his opinion that upgrading the wattage will not solve the problems experienced by the local residents. Public Works Director Tiwari stated that his staff had prepared the memo from a technical perspective versus a community perspective and installation of another pole would be an acceptable option for the Council to consider. JENNINGS/FIGLEY.... instruct the staff to work with Portland General Electric to install a street light on A Street with a 100 Watt High Pressure Sodium (HPS) light. The motion passed unanimously. 2201 BUDGET COMMITTEE RECOMMENDATION RE: 9-1-1 CONSULTANT. As stated in Administrator Childs's memo, the Budget Committee has recommended that the City Council consider hiring a consultant to evaluate options available to the City in regards to operations of the 9-1-1 emergency dispatch center. Councilor Jennings suggested that a workshop be held with the 9-1-1 Users before the Council develops a scope of work and Requests for Proposals from consulting firms. JENNINGS/HAGENAUER... hold a workshop with the 9-1-1 Users rather than spending the $12,000 for a consultant at this time. The motion passed unanimously. 2324 ADJOURNMENT OF BUDGET COMMITTEE HEARINGS. After the adjournment of the last Budget Committee meeting, there was a discussion by some Committee members who expressed a desire to re-open the budget hearing for the purpose of reconsidering a vote on a motion that had failed to pass due to a lack of a majority of the committee. Attorney Shields prepared a memorandum opinion which states that the City's Budget Officer (City Administrator Childs) is the only individual with arguable legal authority to reconvene the committee. If the meeting is reconvened, it would have to be renoticed to meet budget law hearing requirements. Based on the Attorney's opinion, Administrator Childs elected not to reconvene the meeting since there will be a public hearing before the Council on April 12, 1993 and those same concerns can be brought before the Council during their hearing's process. In addition, a special election is scheduled for May 18th (mail-in ballot) and renoticing of the hearing could delay the hearing before the Council until after the ballots are sent to the voters. Page 7 - Council Meeting Minutes, March 8, 1993 1Jl - - ~ COUNCIL MEETING MINUTES March 8, 1993 TAPE READING Councilor Jennings stated that, in his opinion, the meeting should not be re- opened and the next step of the budget calendar be followed. Councilor Figley also stated that the Council agrees that salary and benefit issues deserve some discussion, however, that can be accomplished during the public hearing process before the City Council. Mayor Kelley expressed his thanks to the Budget Committee members for their time in evaluating the budget document. He felt that the budget hearing's process was very productive. 2479 WASTEWATER ISSUES - REGIONAL APPROACH. Public Works Director Tiwari stated that his staff has been evaluating area wide issues that could affect the City's wastewater plant design and operations. One issue that is being discussed is treatment of septage from septic tanks in north Marion County and the southern sections of Clackamas County. If a study is conducted to address this issue, both counties have agreed to participate in the cost of the study. He stated that no final decision needs to be made at this time, however, he did request the Council to advise him if the staff should change their direction on how to pursue this issue. Mayor Kelley stated that it has been his observation that whenever multiple agencies get involved that the City loses nothing but time. He felt that the City needed to pay more attention to other city issues such as a proposed building code rather than the regional wastewater issues. Director Tiwari stated that the septage issue is important at this stage since proper treatment of septage will prevent its ground water from pollution. The City's water supply system is totally dependent upon the underground water supply and underground pollution does not stop at any political boundary. He also felt that the costs should be shared by those who are affected. Additionally, environmental issues are left for the governmental agencies to contend with and it is necessary to design a wastewater facility which will address septage treatment and sludge disposal issues. Mayor Kelley stated that the people should come to the City on these issues rather than the City chasing after other agencies to get the work done. Councilor Arntzen suggested that the City pursue the study without involving the other agencies at this time. Tape 2 Director Tiwari stated that it is easier to get agencies to participate in whatever the final product would be if they start at the beginning of the process and pay their share of costs associated with a study. 0044 MEMO RE: OBLIGATION TO PARTICIPATE IN SOCIAL SECURITY PROGRAM. In regards to participation in the Social Security program, Administrator Childs stated that the City is covered under a Section 218 agreement between the federal government and the State of Oregon. The City acknowledged the Page 8 - Council Meeting Minutes, March 8, 1993 'I! ... - ......... .-.. - COUNCIL MEETING MINUTES March 8, 1993 TAPE READING agreement in 1951 and had an opportunity to "opt out" of the system until the early 1980's at which time the federal government eliminated this provision as part of the revised federal Social Security Act. Mayor Kelley read a statement into the record which outlined some of his research on this subject. He contends that the City could have "opt out" of the system up until early 1990's and thus avoid paying the 6.2% payroll tax. 0175 Councilor Jennings expressed his appreciation to Bruce Thomas for taping the Council meeting which will be aired on the Cable TV's community access channel. 0200 Administrator Childs commended Attorney Shields on his timely response for an opinion on the budget issue. 0224 EXECUTIVE SESSION. JENNINGS/FIGLEY... adjourn to executive session under the authority of ORS 192.660 (1 Hd) to discuss labor negotiations. The motion passed unanimously. The meeting adjourned to executive session at 8:46 p.m. and reconvened at 10:01 p.m.. 0237 Mayor Kelley stated that no final action was taken by the Council following the executive session. 0257 ADJOURNMENT. The meeting adjourned at 10:03 p.m.. APPROVED / ATTEST /l(~ ~ Mary T nant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, March 8, 1993 , ~