Loading...
Minutes - 08/23/1993 TAPE READING 0001 0003 0022 0022 0050 0056 0081 0092 - COUNCIL MEETING MINUTES August 23, 1993 DATE. COUNCIL CHAKBERS, CITY BALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 23, 1993. CONVENED. The council met in regular session at 7:00 p.m. with Mayor Kelley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kelley Figley Galvin Hagenauer Jennings Mitchell Sifuentez Present Present Present Present Present (7:38 p.m.) Present Present staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, community Development Director Goeckritz, Finance Director Gritta, Park Director Holly, Library Director Sprauer, Police Chief wright, Public Works Manager Rohman, city Recorder Tennant MINUTES. FIGLEY/SIFUENTEZ... approve the Council minutes of July 26, August 9 and 11, 1993; and accept the Planning Commission minutes of July 22 and August 12, 1993, the Library Board minutes of July 21, 1993, and the Recreation and Park Board minutes of July 12, 1993. The motion passed unanimously. ANNOUNCEMENTS. The continuation of a public hearing on the Transportation Plan will be held on Monday, September 27, 1993, 7:00 p.m., at City Hall. CHAKBER OF COMMERCE REPORT. Jane Kanz, Chamber Executive Director, advised the Council that the Chamber was very pleased with the results of their Auction and they will be making a contribution to the Centennial Park project after the net profit has been determined from the auction. WOODBURN COMEBACK CAMPAIGN. Councilor Figley stated that the next meeting of the Comeback campaign will be held on Wednesday, August 25th, 6:00 p.m., at city Hall. The topic for discussion is gang graffiti and she encouraged interested individuals to attend the meeting. Councilor Figley also stated that a letter had been received from the Mid-Willamette Valley Council of Governments which she will be bringing up for Council action under New Business. Page 1 - Council Meeting Minutes, August 23, 1993 m -, ~, COUNCIL MEETING MINUTES August 23, 1993 TAPE READING 0109 CONTINUATION OF PUBLIC BEARING ON DANGEROUS BUILDING - 237 N. FRONT STREET (BADAl). Mayor Kelley continued the public hearing at 7:06 p.m.. Community Development Director Goeckritz stated that the bricks and parapet have been repaired and he recommended that the building be removed from the dangerous building list. FIGLEy/SIFUENTEZ.... remove 237 N. Front street from the dangerous building list. The motion passed unanimously and the Mayor declared this public hearing closed. 0142 CONTINUATION OF PUBLIC BEARING ON DANGEROUS BUILDING - 573 N. FRONT STREET (GARCIA'S POOL HALL). Mayor Kelley continued the public hearing at 7:07 p.m.. Director Goeckritz stated that property owner has proceeded with structural changes and it is anticipated that the building will be repaired within two or three weeks. He recommended that the public hearing be continued until September 13, 1993 at which time the project should be completed. FIGLEy/SIFUENTEZ.... public hearing on the building located at 573 N. Front Street be continued until september 13, 1993. The motion passed unanimously. 0182 CONTINUATION OF PUBLIC BEARING ON DANGEROUS BUILDING - 479 N. FRONT STREET (SMART SHOP). Mayor Kelley declared the public hearing open at 7:08 p.m.. Director Goeckritz stated that he had spoken to John Gunther, representing David Lindenmuth, who advised the staff that Small Business Administration (SBA) funding had been secured. The structural plans should be completed within the near future and, upon approval by the City and County, repairs will be made by the property owner. FIGLEY/SIFUENTEZ.... public hearing on 479 N. Front Street be continued until September 13, 1993. The motion passed unanimously. 0260 CONTINUATION OF PUBLIC HEARING ON DANGEROUS BUILDING - 347 N. FRONT STREET. Mayor Kelley continued the public hearing at 7:12 p.m.. Al Nunez, Executive Director of the Salud Medical Clinic, stated they were exploring the options to buy new property, build a new building, or repair the existing building. A feasibility study was completed which determined that the purchase of the restaurant building should be pursued. A property appraisal has been completed of the Brack's Restaurant building, however, it is unknown as to whether or not the appraisal will be accepted by the property owners. Discussion was held regarding the existing building and what the Clinic'S plans would be if the restaurant property is purchased to house the Clinic. Page 2 - Council Meeting Minutes, August 23, 1993 . , J TAPE READING 0675 0703 -. COUNCIL MEETING MINUTES August 23, 1993 Director Nunez stated that he did not have an answer to that question at this time, however, the Council of Governments has advised him that another non-profit organization could obtain a block grant to repair the building. He stated that he had contacted a few non-profit organizations to see if there was any interest in pursuing this option but he was not going to make additional contacts until after a decision had been made on their own situation. In regards to the building on N. Front street, he stated that it does not pose a problem to the public on the outside of the building, however, it is unsafe to occupy due to the damage on the second and third stories. community Development Director Goeckritz agreed with Mr. Nunez's assessment of the building, however, he expressed his concern on the potential deterioration of the building over an extended period of time. FIGLEy/SIFUENTEZ.... continue the public hearing until september 27, 1993. The motion passed unanimously. CONTINUATION OP PUBLIC BEARING - TRAFPIC IMPACT PEE POR TRANSPORTATION AND SYSTEMS DEVELOPMENT CHARGE POR STORM WATER. Mayor Kelley continued the public hearing at 7:27 p.m.. city Administrator Childs introduced into the record letters from the following individuals: Preston Tack, Terry Will, Dan Ritter (representing Davidson Farms), Tom Ellicott (representing capital Development), and George Brice (representing Brice Investments). Public Works Director Tiwari stated that the current state law provisions governing systems development charges has been in effect since 1991. One component of the Oregon Transportation Rule is to provide a financial plan to fund future transportation capital improvements. The Transportation Task Force has recommended several funding alternatives of which the Traffic Impact Fee is one of those alternatives. At the July 26th Council meeting, the detailed explanation on the methodology was presented by the City's consultant, Don Gainer, and some discussion was held regarding the policy decisions which need to be made by the Council. Director Tiwari reviewed the material presented at the July 26th hearing. He also brought to the Council's attention the following major points within the draft Resolution: 1) Fee Schedule - a) Traffic Impact Fee - phase-in of 50%, 58% and 66% b) SDC - $.11 per sq ft of impervious surface 2) Alternate Rate Review - $250 + 1/2 City paid consultant fee 3) Alternate Payment Plan Fee - $100 fee and interest at the rate of prime rate + 3%. (councilor Jennings arrived at 7:38 p.m..) Director Tiwari also reviewed the specific language included in replacement pages which were distributed at the meeting. The Councilors questioned Director Tiwari on various items Page 3 - Council Meeting Minutes, August 23, 1993 J" T~E READING 2148 Tape 2 ~ COUNCIL MEETING MINUTES August 23, 1993 such as the consultant fee, impact on future development, comparison of rates charged by other cities and counties, and how the number of trips were determined within various categories. Preston Tack, 2197 Camilla Way, spoke in favor of the proposed Traffic Impact Fee and systems Development Charge since future users of the system should pay their fair share. He also expressed his concern as to the potential impact to the taxpayers for the differential in costs to make necessary capital improvements. Brent Reddaway, representing the Chamber Business Development Committee, read a statement into the record expressing the Chamber's awareness of the importance for efficient operations within the business community and urging the Council to work with the state to expedite the widening of Highway 214. They offered their assistance in any capacity to facilitate the beginning of this process. The Chamber also suggested that the TIF be less than the proposed 50% level and that it be phased-in over a five year period. Additionally, an exit be established at Parr Road rather than the proposed split diamond. Gene Chrisman, landholder of property located in the Woodburn interchange area, objected to the size of the proposed fees and negative impact that might occur as it relates to large commercial developments. Jack Fox, commercial/Industrial Developer in Salem, stated that he recognized the need for the proposed charges but he felt that the proposed fee schedule was too aggressive and may drive development away from the area. He did not feel that a five-year payment plan was feasible and suggested that if it is allowed, it should be for a longer period of time at a lower interest rate. He also objected to the use of national figures to determine costs and that the appeals process does not always work since potential tenants are not always willing to wait for the outcome of the appeal. Floyd Lenhardt, 2100 N. Pacific Highway, reiterated his concerns on the impact to small businesses who may want to expand or relocate within the city. He suggested a lower TIF of 20% - 25% if the TIF is necessary but he urged the Council to look at other funding alternatives. Mick DeSantis, 700 smith Drive, stated that development fees continue to rise and that they have been getting out of proportion over the last 3 or 4 years. Local residents should take part in paying for the improvements since they continue to use the same services rather than placing the full burden on new development whether it be residential, commercial, or industrial. Ty Radley, 1740 E. Hardcastle, objected to the TIF since it would have a tendency to keep businesses out of Woodburn Page 4 - council Meeting Minutes, August 23, 1993 ~ -, - ......" COUNCIL MBBTING MINUTBS August 23, 1993 TAPE READING rather than encouraging some growth. He also questioned if other small cities around Woodburn and the metro area had system development charges and, if so, how they compare to the proposed charges. He stated that he would be willing to pay his fair share to make necessary improvements. Doug Templeton expressed his concern as to the impact the proposed charges would have on small businesses which are located just outside of the city limits. He felt that the TIF at the 50% level was too high. 0293 Public Works Director Tiwari stated that the fees would go towards funding of Capital Improvement projects. The Transportation Plan looks at potential improvements over the next 20 years and funding sources need to be identified as part of the plan. It is a council policy decision as to what percentage, if any, is levied and how long of a phase-in would be allowed. He reviewed estimated costs for the various projects listed as part of the 20 year plan and reiterated that system development charges would only fund a portion of the total estimated cost. He stated that most communities of Woodburn size or larger are looking at system development charges or already have them in place. For example, canby is in the process of developing system development charges for water, sewer, parks, and transportation. He stated that systems development charges cannot be used to improve existing deficiencies, therefore, other funding sources need to be determined to pay for those improvement costs. The repayment schedule for the proposed Traffic Impact Fees are part of the Council's policy decisions. In regards to the trip generation rates, they may not be actual but they have been nationally accredited. The national trip lengths have been reduced by one-third for the purpose of trying to take into account differences in location, etc.. Councilor Mitchell expressed his concern regarding the proposed interest rate on the payment plan. He suggested that the 1 year Treasury Bill be used to determine the interest rates rather than prime rate + 3%. Additionally, future developments located outside of the city limits would not be paying system development charges for improvements even though they would adding more traffic to the City'S road system. Councilor Figley also expressed her concern regarding the percentage level for the TIF and the proposed interest rate. She felt that a city-wide bond issue should be presented as part of the financial plan since all local residents and businesses need to pay a fair share of the improvements. It was also noted that the City needs to put pressure on the State Transportation Department for funding of projects, however, the Transportation Plan needs to be put in place before the State will seriously consider assisting with the improvements. Page 5 - Council Meeting Minutes, August 23, 1993 ~ TAPE READING 0879 1400 1753 - ,- ---" COUNCIL MEETING MINUTES August 23, 1993 Mayor Kelley declared the public hearing closed at 9:03 p.m.. The Council discussed the areas of concern addressed by the public and the need to equitably fund the improvement projects. It was also noted that the Transportation Task Force did not set any specific fee schedule for the system development charges and part of their work over the next few months is to look at other funding sources. JENNINGS/FIGLEY... an ordinance be drafted for the proposed system development charge for storm water and the Traffic Impact Fee beginning at 25% with a 1% increment increase per year for 5 years beginning January 1, 1994, a $25,000 payment plan, and the interest rate charged on the payment plan be at the lowest rate possible to the contractor. On roll call vote, the motion passed unanimously. A recess was called for at 9:20 p.m. and the meeting reconvened at 9:28 p.m.. PUBLIC HEARING - HIGHWAY 99E SIDEWALK SPECIAL ASSESSMENT DISTRICT. Mayor Kelley declared the public hearing open at 9:29 p.m.. Public Works Manager Rohman stated that the City had entered into an agreement with the Department of Transportation regarding the improvement of Highway 99E from Lincoln Street to the north city limits. As a part of the agreement, the City paid ODOT $63,000 for the installation of sidewalks in those areas in which none had previously existed. In June 1993, the special assessment district process was initiated with the engineering report and a public hearing was scheduled for August 9, 1993 which was continued until this meeting date. The City has received one written remonstrance from William & Gwyla L. Whistler which represents 6% of the total front footage being assessed. Additionally, the City has submitted a request to Marion County to allow the City to assess properties located outside of the city limits but within the project area for their fair share of the costs for the sidewalks. In regards to the Weisner property, tax lot #42150.00, the assessment will be taken off the list since their property originally had sidewalks. Councilor Jennings stated that he has heard from property owners in the affected area that State Right-of-way Agents had told the property owners that they did not have to pay any additional fees. He suggested that there may be a problem that needs to be addressed between the City and State. Public Works Manager Rohman stated that he had recently spoken with an ODOT Supervisor who advised him that ODOT did not make any commitments to the property owners. Ivan Orton stated that the State had taken a 10 foot easement off of their property and Right-of-Way Agent David Johnston had told them that a five foot sidewalk and bikeway would be Page 6 - Council Meeting Minutes, August 23, 1993 'If "- - --.." COUNCIL MEETING MINUTES August 23, 1993 TAPE READING installed in lieu of a payment to them for their property. Floyd Lenhardt stated that he had also received the same information from Right-of-Way Agent Ross Yamaski. He stated that he had written letters to him and his immediate supervisor regarding this issue. He did receive a telephone call from Mr. Yamaski today advising him that the City did have an agreement with the state. Mr. Lenhardt objected to paying the assessment and stated that he would have asked for more money from the state if he would have known about the sidewalk assessment. He also stated that there seems to have been some confusion by ODOT Right-of-Way Agents since two different offices were handling the securing of additional property and the agents from the Portland area were unaware of the new provisions as agreed to by the Salem office. Gayle Gregory, purchaser of the Orton property, stated that they were told that the State would take care of the sidewalk installation and that there would be no other fees or assessments for the sidewalk. Gerald Yoder, 1185 N. Pacific Hwy., stated that he had sold 5 foot of property to the State and that his concern was more towards loss of his driveway area. At the time, he had a full driveway area in front of his property and he did not think about a potential sidewalk located on any portion of his property. Richard Henkes, 1041 N. Pacific Highway, also stated that he was under the impression that the improvements were to be a part of the land sale to the State Highway Department. Public Works Manager Rohman stated that even though sidewalks are installed within the public right-of-way, the property owners are still responsible for their maintenance. The Mayor closed the public hearing at 9:53 p.m.. Discussion was held regarding the potential misrepresentation by State Right-of-Way agents of the financial responsibilities that the property owners would be expected to pay under the sidewalk provisions of the agreement. Attorney Shields suggested that a decision on the issue be continued until a specific date and the staff be directed to contact the State Transportation Department to get their position on this issue. JENNINGS/MITCHELL.... decision be tabled until September 27, 1993. The motion passed unanimously. 2607 COUNCIL BILL 1488 - ORDINANCE ACCEPTING A MARION COUNTY YOUTH SERVICES COMMISSION GRANT RECEIVED DURING FISCAL YEAR 1993-94 AND MAKING APPROPRIATIONS. Council Bill 1488 was introduced by Councilor Hagenauer. The two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared the bill duly passed with the emergency clause. Page 7 - Council Meeting Minutes, August 23, 1993 !If - - ......" COUNCIL MEETING MINUTES August 23, 1993 TAPE READING 2736 COUNCIL BILL 148' - RESOLUTION AMENDING STATB DEPARTMENT OF TRANSPORTATION COOPERATIVB AGREBKENT NO. 11.362 FOR ROADWAY REALIGNHENT AND SIGNAL INSTALLATION AT COUNTRY CLUB ROAD AND OREGON WAY. Council Bill 1489 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 Kelley declared Council Bill 1489 duly passed. 2791 ACCEPTANCE OF EASEMENT - FIR STREET. The staff recommended the acceptance of a 16 foot wide utility easement from Floyd Leininger for the purpose of installing a 15" diameter storm sewer and future maintenance of the line. JENNINGS/FIGLEy.... easement be accepted. The motion passed unanimously. 2815 SALARY RANGB FOR COHMUNICATIONS MANAGER CLASSIFICATION. Administrator Childs briefly reviewed his memorandum to the Council which recommends the hiring of a candidate into the position at salary range level M-24.0. JENNINGS/FIGLEy.... authorize the City Administrator to fill the position within salary range M-24.0. The motion passed unanimously. 2866 CLARIFICATION OF BID AWARD - SALE OF SURPLUS PROPERTY. JENNINGS/ ... accept the bid from School Bus Services, Inc. in the amount of $68,225.00. Mayor Kelley stated that he had not signed the owner's sale agreement since the Council's motion was to sell the property to School Bus Services, Inc. rather than Leland E.G. Larson, President of School Bus Services, Inc.. Public Works Manager Rohman stated that his original memo did list School Bus Services, however, the original bid proposal did list the purchaser as Leland E.G. Larson and the proposal was sign by Ron Coleman, Vice President of the Company. JENNINGS/ ... reword the motion to read accept the bid from Leland E.G. Larson, President of School Bus Services, Inc.. Mayor Kelley expressed concern in selling the property to an individual since there might be another owner or shareholder that would be affected by this transaction. Attorney Shields stated that the Mayor was correct in getting a clarification but it is not uncommon for small businesses or corporations to acquire property in an individual's name for tax purposes. Following a brief discussion on this issue, JENNINGS/FIGLEY... accept the bid from Leland E.G. Larson in the amount of $68,225.00. On roll call vote, the motion passed unanimously. Page 8 - Council Meeting Minutes, August 23, 1993 ",. TAPE READING Tape 3 0031 0184 0204 0240 -.... COUNCIL MEETING MINUTES August 23, 1993 BID AWARD FOR COMPACT TRUCK - WASTEWATER DIVISION (194-01). Bids for a new compact pick-up truck were received from the following businesses: Hillyer's Mid-City (formerly Savain) Ford, $7,422.00; Cascade Chevrolet, $8,169.00; and Miles Chevrolet, $8,484.83. HAGENAUER/JENNINGS.... approve the low bid from Hillyer's Mid- City Ford for a Ford Ranger in the amount of $7,422.00. The motion passed unanimously. BID AWARD FOR 5-PASSENGER SEDAN - WASTEWATER DIVISION (194-02) Bids for a used 5-passenger sedan (various models) were received from the following businesses: Hershberger Motors, $6,975.00; Midway Motors, $7,490.00 and $$8,950.00; Miles Chevrolet, $7,840.00; Cascade Chevrolet, $7.997.00, $8,590.00, $8,779.00, $9,250.00, $9,545.00, and $10,350.00. JENNINGS/ .... accept the low bid from Hershberger Motors in the amount of $6,975.00. Public Works Manager Rohman stated that only bidder that met the bid specifications was Miles Chevrolet for a 1991 Chevrolet Corsica with 22,230 miles. The motion to accept the low bid from Hershberger Motors died for lack of a second. HAGENAUER/JENNINGS... accept the bid Miles Chevrolet for a 1991 Corsica in the amount of $7,840.00. The motion passed unanimously. HARDCASTLE AVE. RESURFACING EXTENSION COST APPROVAL. The staff advised the Council that negotiations with the state for extending the resurfacing of Hardcastle from Gatch street to Front street has been completed and the contractor is willing to extend the unit bid price to the City. The approximate per ton cost for asphalt will be $24.00 which is substantially lower than the City's prior year contracts. JENNINGS/FIGLEy.... approve the Hardcastle resurfacing extension contract at an estimated cost of $6,000.00 to be paid from local gas tax revenues. The motion passed unanimously. COUNCIL WORKSHOP WITH SWIMMING POOL COMMITTEE. It was the consensus of the Council to meet with Consultant Don Carey and representatives from the Swimming Pool Committee on Monday, August 30, 1993, 7:00 p.m., at City Hall. COUNCIL WORKSHOP WITH CABLE ACCESS COMMITTEE. It was the consensus of the Council to hold a workshop with the Cable Access Committee to discuss the formation of a non- profit corporation on Monday, September 13, 1993, 6:00 p.m., at City Hall. Page 9 - Council Meeting Minutes, August 23, 1993 1'!P" TAPE READING 0261 0280 0360 0387 0397 0490 0502 - --" COUNCIL MEETING MINUTES August 23, 1993 CLAIMS POR THE MONTH OP JULY 1993. SIFUENTEZ/GALVIN.... approve voucher claims #19376 - 19821 for the month of July 1993. The motion passed unanimously. LETTER PROM MID-WILLAMETTE VALLEY COUNCIL OP GOVERNMENTS RE: HEALTH INSURANCE COVERAGE. Administrator Childs stated that the COG Board has elected to change their employee's health insurance carrier to the League's EBS Trust. However, the Council of Governments needs to have the City send a letter to the EBS Trust stating that we have no objection to them participating in their health insurance program. FIGLEy/MITCHELL.... staff be directed to respond to the Council of Government's letter stating that we have no objection to their change in health insurance carriers. The motion passed unanimously. Councilor Mitchell questioned Chief wright if the 9-1-1 operations will continue to do what the Police Department expects of them. Chief wright responded affirmatively. On behalf of a local grass seed grower, John weisz, Councilor Hagenauer expressed his appreciation to the Parks Department for mowing Centennial Park. Mayor Kelley stated that he had received a letter from Bank of America advising the city that they are now making financial investments in downtown sections of Oregon cities. He stated that he would forward the letter to Councilor Figley who is part of the Downtown Committee. He also stated that there is currently a bill on the Governor's desk which will provide funding for an Oregon state Veteran's Home in the Woodburn area. Additionally, he requested Council assistance in securing names of individuals who would be interested in serving on the citizen's Review Commission. 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 10:30 p.m. and reconvened at 10:57 p.m.. Mayor Kelley stated that the Council did not make any decision regarding the issue discussed in executive session. Page 10 - Council Meeting Minutes, August 23, 1993 1'lr TAPE READING 0520 - COUNCIL MEETING MINUTES August 23, 1993 ADJOURNMENT. The meeting adjourned at - ~ ::::v:~m.~~~ . LEN KELLEY, MAYOR ATTEST ;1/C4.ftr ~~ Mary Te nant, Recorder Page 11 - Council Meeting Minutes, August 23, 1993 !II"