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Minutes - 11/22/1993 TAPE READING 0001 0003 0022 0025 0046 -, ~ COUNCIL MEETING MINUTES November 22, 1993 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 22, 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 Present Present staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, community Development Director Goeckritz, Park Director Holly, Library Director Sprauer, Police Chief wright, 9-1-1 Communications Director Wolf, Public Works Manager Rohman, City Recorder Tennant MINUTES. JENNINGS/SIFUENTEZ... approve the Council minutes of November 8, 1993 and accept the Planning commission minutes of November 10, 1993. The motion passed unanimously. APPOINTMENTS TO COMMISSIONS AND COMMITTEES. Mayor Kelley appointed the following individuals to serve on city commissions and committees: Planning commission - Robert Finch James Atkinson Gary Kosikowski William Pyle Term Expiration December 1996 December 1997 December 1997 December 1997 December 1996 December 1996 December 1997 December 1997 December 1996 December 1996 Budget committee - Gary Hammack Barbara Lucas (reappointment) Library Board - Jean Weatherill (reappointment) willie Baldwin Park Board - Lazaro Ybarra Barbara Rappleyea (reappointment) Page 1 - Council Meeting Minutes, November 22, 1993 TAPE READING 0139 0773 0910 0918 -- -.,.. COUNCIL MEETING MINUTES November 22, 1993 Cable TV Advisory Board - James Green Gerline Reagan Jack Barnett (reappointment) Milt Parker (reappointment) December 1994 December 1995 December 1996 December 1996 Councilor Jennings requested that the Council have an opportunity to discuss the appointments to the Planning commission. Attorney Shields stated that the Council can discuss anything that is relevant to the issue of appointments. Councilor Jennings questioned the Mayor as to why Alma Grijalva, a Hispanic, was not reappointed to the Commission and as to why Lillian Warzynski, who has served five years on the commission and attended land use seminars/workshops, was not reappointed. Mayor Kelley stated that other citizens should be given an opportunity to serve and those who have served should not feel bad if they are not asked to serve another term. Additionally, he stated that he has requested names of interested individuals from Councilors earlier in the year and that he had only received one name for consideration. Discussion was held regarding the confirmation of appointments, procedure that would follow if appointments are not confirmed by the Council, diversity in location and ethnic backgrounds of members, and policies of reappointments versus new appointments. MITCHELL/JENNINGS.... accept the Mayor's appointments. Following a clarification of the motion, Councilor Jennings withdrew his second to the motion. Councilor Mitchell stated that submitting the motion before the Council would expedite a vote on the issue rather than continued discussions with the same concerns by Councilors. In his opinion, he felt that the reappointments should be re- evaluated by the Mayor. FIGLEY/ ... approve the appointment of Robert Finch to Planning Commission position #1. The Mayor stated that he wanted to confirm the complete the list of appointments rather than individually. Following some additional discussion on the issue, MITCHELL/JENNINGS.... approve the Mayor's appointments to the Planning Commission. On roll call vote, the motion failed 1-5 with Councilors Figley, Jennings, Hagenauer, Sifuentez, and Galvin voting nay. Councilor Jennings questioned the ability of the Council to discuss the appointments prior to confirmation. Attorney Shields stated that the Mayor has the authority to appoint and the Council confirms. The reasons for the appointment do not Page 2 - Council Meeting Minutes, November 22, 1993 '1f TAPE READING 1156 1209 1262 - -, COUNCIL MEETING MINUTES November 22, 1993 need to be divulged by the Mayor. JENNINGS/MITCHELL... approve of the Budget committee appointments. The motion passed unanimously. JENNINGS/MITCHELL.... approve the Library Board appointments. Councilor Figley expressed her opinion that the reasons for Phyllis Bauer not being reappointed to the Board had to do with things that had no bearing of any kind on her position or performance as Chair of the Library Board. She did not object to the reappointment of Jean Weatherill but since they are lumped together in the motion she would be voting nay. On roll call vote, the motion passed 4-2 with Councilors Figley and sifuentez voting nay. JENNINGS/MITCHELL.... approve the Park Board appointments. Councilor Figley questioned the Mayor regarding the background of Lazaro Ybarra. Mayor Kelley stated that he was a young man who has lived in the area most of his life and is a graduate of Woodburn High School. On roll call vote, the motion passed unanimously. JENNINGS/SIFUENTEZ.... approve the appointments to the Cable TV Advisory Board. On roll call vote, the motion passed unanimously. MEETING ANNOUNCEMENTS. The Mayor reminded the Council that the regular Council meeting scheduled for December 27, 1993 had been canceled by prior Council action. CHAMBER OF COMMERCE REPORT. Mindy Smith, representing the Chamber Board, provided the Council with the following information: 1) The Annual Chamber Banquet will be held on December 8th, 6:00 p.m., Yum Wah's Restaurant, at which time next year's Chairman will be selected along with the selection of the Business of the Year; 2) During the Chamber Board retreat, it was decided to put together a pamphlet for different businesses dealing with graffiti and on how to handle that problem in our community; and 3) A Greeters Program to welcome new businesses into the community and on Friday of every week they will host a welcoming of the business which will be open to the public. WOODBURN COMEBACK CAMPAIGN REPORT. Councilor Figley stated that the Comeback Campaign, along with the Woodburn Independent, other service organizations and caring individuals, are working together on the 'Love Santa' Page 3 - Council Meeting Minutes, November 22, 1993 'If TAPE READING 1317 1500 1604 1666 ~ - COUNCIL MEETING MINUTES November 22, 1993 project. She encourage the involvement of local citizens to help the needy during the Christmas season. CONTINUATION OF PUBLIC HEARING - DANGEROUS BUILDING LOCATED AT 199 N. FRONT STREET. Mayor Kelley continued the hearing at 7:51 p.m.. Community Development Director Goeckritz stated that property owner Nora Fives was in the process of selling the property to her brother, however, staff has not received any updated information as to the status of the building since the October 25th meeting. He stated that a note had been left at her residence prior to the date of this hearing requesting that she be in attendance at this hearing. Mayor Kelley requested that the Council take more drastic steps to get something done with the building. Administrator Childs stated that alternatives at this time include: 1) continue until another specific date, or 2) close the hearing and order the property owner to repair or abate the building (demolish and clean-up the area). Attorney Shields briefly reviewed the procedure to be followed which includes closure of the hearing and preparation of a resolution. Mayor Kelley declared the public hearing closed at 7:56 p.m. JENNINGS/HAGENAUER .... building located at 199 N. Front Street be declared a dangerous building and staff be directed to prepare a resolution to order the repair or abatement of the building. On roll call vote, the motion passed 5-1 with Councilor Figley voting nay. COUNCIL BILL 1502 - RESOLUTION AUTHORIZING AGREEMENT WITH GORDON L. MERSETH. P.E.. FOR PREPARATION OF WASTEWATER FACILITIES PLAN. Council Bill 1502 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Mitchell advised the Council that this issue has been presented to the Wastewater Advisory Committee for discussion and the Committee feels that it is necessary to enter into this agreement. On roll call vote for final passage, Council Bill 1502 passed unanimously. SWIMMING POOL SCHEMATIC DESIGN. Park Director Holly stated that the Park Board, Pool Committee, and other individuals in attendance at various community meetings have reviewed the schematic design and are in agreement with its current layout. Flurry Stone, Pool Committee Chairman, stated that the community meeting was very supportive of the indoor pool concept. The Pool Committee is actively pursuing ways of Page 4 - Council Meeting Minutes, November 22, 1993 'Ii -, - COUNCIL MEETING MINUTES November 22, 1993 TAPE READING ge~t~ng information to the public and addressing various fund ra~s~ng issues. The amount of a General Obligation Bond necessary to complete the project is unknown as of this date and support from donations will reduce the bond amount. Don Carey, Pool Consultant, stated that the schematic design has been completed which now allows him to define construction costs and operational costs along with anticipated revenues. He briefly reviewed the configuration of the complex which would allow four different programs to be in progress at the same time. The pools include a tot pool, spa, and lap pool with a water slide. The estimated cost for construction is $1.9 million less FEMA (Federal Emergency Management Administration) grant funds and any other donations or grants received by December 31st. Advantages to the year-round pool concept include: 1) provide activities for people of all ages; 2) provide programming to offset gang activity; 3) water walking program very popular for adults; and 4) creates a lot of part-time jobs within the community. He stated that the approximate annual operating cost would be $250,000 with a conservative estimate for revenues at $178,000. As in the past, tax support to operate the pool would still be necessary. Councilor Mitchell questioned as to how much it currently costs the City to run the pool. Park Director Holly stated that the costs are between $20,000 and $25,000. Mr. Carey requested that the Council authorize the fund raising proceedings and allow them to have another community meeting to review the final design. SIFUENTEZ/FIGLEy.... actively proceed with the fund raising and recommend the scheduling of another community meeting since the voters are the ultimate decision makers on this project. On roll call vote, the motion passed unanimOUSly. 2332 Mayor Kelley recessed the meeting between 8:19 p.m. and 8:26 p.m. . 2335 LIBRARY REPAIR BIDS - EARTHOUAKE DAMAGE. In a memo from Director Sprauer, she advised the Council that complete bids had been received from two contractors for repairs necessitated from a leaking roof and earthquake damage. A partial bid was submitted by Fleck's Floor Coverings for carpeting in the amount of $26,591.34 plus labor costs. The City'S share of the damage estimate from FEMA representatives was $20,245. An additional $15,000 was budgeted from other library funds to make $35,245 available for the necessary repairs. The complete bids were as follows: K-2 Construction Company, $212,000; and Paragon Construction, $175,000. Director Sprauer recommended that all of the bids be rejected. She would then pursue other options for accomplishing the project at a lesser cost to the City and re- Page 5 - Council Meeting Minutes, November 22, 1993 '" TAPE READING 2384 2469 2591 -', - COUNCIL MEETING MINUTES November 22, 1993 advertise a new bid package. JENNINGS/FIGLEy.... based on the Library Director's recommendation, do not accept any of the bids. The motion passed unanimously. CONTRACT AWARD - ASTOR WAY WELL (BID #94-03). Public Works Director Tiwari reviewed the bids for the construction of a well house complete with pump, motors, electric controls, telemetry, and landscaping: Daneal Construction, $168,807; Stettler Supply, $209,607; Paul Brothers, $249,638; and John Arnold Co., $302,350. If the bid is awarded, the new well should be operational by May 1994. The staff recommended the acceptance of the low bid from Daneal Construction of Tualatin. JENNINGS/FIGLEy.... the low bid from Daneal Construction in the amount of $168,807 be accepted. The motion passed unanimously. CONTRACT AWARD - NAZARENE WELL (BID #93-12). Director Tiwari stated that the City has experienced electrical problems with this well over the last few years, therefore, funds had been appropriated within the Water Capital Improvement Fund to replace and repair the pump and electrical components of the well. The only bid received for this project was from Stettler Supply in the amount of $40,659.00. The staff recommended acceptance of the bid. JENNINGS/FIGLEy.... award the bid to Stettler Supply in the amount of $40,659.00. The motion passed unanimously. TAX COORDINATION PLAN - RECOMMENDATION OF TOTAL TAX LEVY AUTHORITY. Administrator Childs briefly reviewed the discussions held at the Budget Committee workshop on this issue. He stated that Marion County has scheduled the Tax Coordination meeting for December 7, 1993 and all taxing districts must attend if they intend to place a tax measure before the voters for fiscal year 1994-95. Marion county officials have determined that total tax levy authority includes general obligation bonds, therefore, it was the consensus of the Budget Committee to suggest a total levy authority of $3,145,431. This amount consists of a 6% increase over the current levy authority plus an additional $258,500 for a general obligation bond issue and/or funds to provide increased operational services. Councilor Jennings stated that he is willing to support the $3.1 million total tax levy but he is not committed to the general obligation bond issue. JENNINGS/SIFUENTEZ.... accept the $3,145,431 total tax levy authority figure for certification with the county as the estimated tax for fiscal year 1994-94. Councilor Mitchell expressed his agreement with Councilor Page 6 - Council Meeting Minutes, November 22, 1993 'IT TAPE READING 3050 0022 0222 .-." - COUNCIL MEETING MINUTES November 22, 1993 Jennings's statement but felt that the City was being forced to comply with the County's interpretation of the definition of total tax levy authority. On roll call vote, the motion passed unanimously. ACCEPTANCE OF SEWER LINE EASEMENT. The staff recommended the acceptance of a sewer line easement from Norman & Mildred Toepfer in the vicinity of Wilson Court. JENNINGS/SIFUENTEZ.... the sewer line easement from Norman & Mildred Toepfer be accepted. The motion passed unanimously. SITE PLANS. Woodburn Fertilizer - The Planning commission has approved, with conditions, two additions to the existing wholesale operation. School Bus Services - The Planning Commission has also approved, with conditions, the installation of a metal building for use as a school bus repair shop. No action was taken by the Council on these site plans. STAFF REPORTS. 1) Wastewater Load Discharge Allocation to Pudding River- Director Tiwari stated that the City's Facilities Plan must be completed by November 18, 1994. The engineering phase must be completed within 18 months following the approval of the facilities plan. Another 6 months is then allowed for the City to award a contract for construction and another 20 months to complete the construction of the facility. This process requires a significant amount of public involvement and he requested that the Council meet with the Wastewater Advisory Committee in a workshop session in January to provide guidance to the Committee on future plans. Councilor Mitchell stated that is necessary to have Council input on this issue so that the Committee and Council are working towards the same goals. 2) Curfew Enforcement Report - Chief Wright provided the Council with statistical information on curfew violations over the past several years along with the procedures followed by the officer when juveniles are taken into custody. Councilor sifuentez questioned if any citizens had called the Police Department advising them of individuals painting graffiti on the Woodburn Grange Hall. Chief Wright stated that there were no reports regarding that situation. Councilor Jennings reminded the public that information contained in the agenda packets are available for public inspection. Copies of the complete packet or specific portions of the packet can be obtained frclm the City Page 7 - Council Meeting Minutes, November 22, 1993 1lI' " - COUNCIL MEETING MINUTES November 22, 1993 TAPE READING Administrator's office for a nominal fee. 0280 Councilor Mitchell questioned Community Development Director Goeckritz as to Capital Development's proposed downsizing of their project so that they would not have to follow certain traffic impact guidelines. In addition, at what point does the City stop growth of small businesses as it relates to traffic generation in a congested area which would amount to similar number of vehicular traffic generated by one large development. Director Goeckritz stated that traffic mitigation studies are required for all site developments. In regards to capital Development, there has been nothing submitted to the City for review. The City is required to look at any proposal but it must also look at prior conditions of approval relating to the property. Mayor Kelley stated that he had heard that the developers wanted to downsize the development because they did not want to build the required roads. Director Goeckritz reiterated that the developers must meet the conditions of approval and that they must mitigate the traffic issue. Councilor Mitchell again expressed his concern that the City is still allowing a lot of little development in the 1-5 interchange area rather than one large development and that traffic problems continue to exist. Administrator Childs also stated that there will be a saturation point in which development will be precluded due to the traffic impact. 0610 Administrator Childs stated that he had talked to Terry Will regarding the availability of an agenda packet. He also stated that the packet is available on the Friday before the meeting date at the Administration's Executive Secretary's desk. An individual can either look at the packet or obtain copies at the established rate. Mayor Kelley expressed his opinion that committee members should not have to pay for documents that are obtained during the year even though their committee is not in session. 0671 EXECUTIVE SESSION. JENNINGS/SIFUENTEZ.... 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 9:10 p.m. and reconvened at 9:32 p.m.. Page 8 - Council Meeting Minutes, November 22, 1993 !Ir TAPE READING 0704 0730 ATTEST ~, -- COUNCIL MEETING MINUTES November 22, 1993 Following the executive session, JENNINGS/FIGLEy.... Mayor be authorized to sign a contract negotiated by our negotiating team with AFSCME (American Federation of State, County, and Municipal Employees). The motion passed unanimously. ADJOURNMENT. The meeting adjourned at 9:34 p.m.. APPROVED ~ ~~ LEN KE LEY, MAYOR fY! ~ Mary ~ant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, November 22, 1993 ~ ....., Executive Session COUNCIL MEETING MINUTES November 22, 1993 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 22, 1993. CONVENED. The Council met in executive session at 9: 13 p.m. with Mayor Kelley presiding. The session was held under the authority of ORS 192.660 (1 Hd). ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kelley Figley Galvin Hagenauer Jennings Mitchell Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, City Recorder Tennant labor Consultant: Don Scott Don Scott provided the Council with a status report on the labor negotiations between the City and the American Federation of State, County, & Municipal Employees (AFSCME). ADJOURNMENT. The executive session adjourned at 9:31 p.m.. APPROVED ~ <~ lE KELLEY, M YOR ATTEST IY/ ~ ~, ->! Mary T nt, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, November 22, 1993 ~