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Minutes - 08/26/1991 --.., ~,..- , COUNCIL MEETING MINUTES August 26, 1991 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 26,1991. 0003 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kyser presiding. 0013 ROLL CALL. See corrections to Roll Call in minutes of September 9, 1991 Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kyser Figley Galvin Hagenauer Jennings Sifuentez Steen Present Present Present Absent Present Present Present Staff Present: City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Finance Director Gritta, Park Director Holly, Police Lt. Eubank, Public Works Manager Rohman, Deputy Recorder Tennant. 0022 MINUTES. HAGENAUERISTEEN.... approve the Council minutes of July 29, August 12 and 15, 1991 as written; and accept the Park Board minutes of July 16, 1991. The motion passed unanimously. 0045 CHAMBER OF COMMERCE REPORT. Marlis Peterson, representing the Chamber of Commerce, reminded the Council of the following Chamber sponsored events: Ag Tour - August 27th, and the Annual Golf Tournament, September 7th. 0067 Community Development Director Goeckritz read a letter from Developer Pete Cam advising the Council of his intent to appeal the Planning Commission's condition to construct an east/west street across wetlands within his proposed development south of Meadowvale. Director Goeckritz stated that the appeal would be before the Council at their September 23rd meeting. 0107 Joan Garren, 1750 Landau Drive, submitted a letter to the Council regarding future development on the east side of Landau Drive. She stated that Landau Drive is currently a half street and requested that any development on the east side of the street, whether by one or multiple developers, be required to provide widening of Page 1 - Council Meeting Minutes, August 26, 1991 '1f -.,. COUNCIL MEETING MINUTES August 26, 1991 TAPE READING the street prior to occupancy of any new residences. She also expressed concerns regarding sewer hook-ups and capacity level of existing lines. Community Development Director Goeckritz stated that no applications have been submitted for development of the properties at this time, however, a partitioning may be submitted to the Planning Commission for their review. The applicant has been informed of the need to obtain a 30 foot right-of-way for the full length of the street and the street improvement would be required. The partitioning request before the Planning Commission does require public notice and the residents within the affected area would be able to express their concerns to the Planning Commission. 0253 Tom Waggoner, 849 Woodland, spoke on behalf of several residents within the Willowbrook subdivision expressing their concerns on the quality of materials used by the contractors and the City's inspection of construction projects. Mayor Kyser stated that he would look into the situation and contact Mr. Waggoner within the next few days with a report on his findings. 0353 PUBLIC HEARING - SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1991-92. Mayor Kyser declared the public hearing open at 7: 12 p.m.. Deputy Recorder Tennant provided a brief staff report regarding the proposed supplemental budget which was approved by the Budget Committee following their hearing on July 22, 1991. No one in the audience spoke either for or against the proposed 1991-92 supplemental budget. Mayor Kyser declared the public hearing closed at 7: 16 p.m.. 0493 PUBLIC HEARING - WASTEWATER INFRASTRUCTURE IMPROVEMENTS. Mayor Kyser declared the hearing open at 7: 17 p.m.. Public Works Director Tiwari reviewed the original State Economic Development grant and loan funding allocations for the infrastructure improvements which includes the new sewer pump station near 1-5. Since the construction bids exceeded the estimated project costs, the City negotiated for additional funding from the State Economic Development Department. The State has agreed to provide an additional $33,345 in grant funds bringing the total grant to $500,000 which is the maximum allowed under the State's program. An additional $257,574 will be provided to the City under the loan program of which property owners in the benefitted area have agreed to pay their fair share in the amount of $203,800. The City would be responsible for the repayment of the $53,774 loan balance. The interest rate on the loan is 6.5% to be repaid over a 20 year period. Page 2 - Council Meeting Minutes, August 26, 1991 '1f ---., ,'........... COUNCIL MEETING MINUTES August 26, 1991 TAPE READING Director Tiwari also advised the Council that the Contractor has agreed to extend the date for bid acceptance until August 29th, however, a further time delay would result in delaying the construction until next year. Mayor Kyser expressed his appreciation to the property owners in their willingness to work with the City to complete this project. 0953 Dan Ritter, attorney representing Davidson Farms, urged the Council to support the agreement between the benefitted property owners and the City for the repayment of the additional loan funds. No one in the audience spoke in opposition to the proposed acceptance of state grant and loan funds. The hearing closed at 7:34 p.m.. 1059 INFORMATIONAL PUBLIC HEARING - SYSTEM DEVELOPMENT FEES. Mayor Kyser declared the hearing open at 7:35 p.m.. Public Works Director Tiwari briefly reviewed the workshop held on July 29th in which the Council received a report from consultant Don Gainer of Henderson, Young & Co.. Based on the methodology in calculating the maximum water and sewer system development charge, Director Tiwari provided the Council with a proposed 4 year plan for increasing system development fees. The increases would begin upon enactment of an ordinance establishing the new fees and the first year increase would be approximately 30-35%. All development within the City would be paying the same rate per gallon of estimated use and funds derived from new development would continue to be reflected within the Capital Improvement Funds for water and sewer. 1496 Bill Costine, 1740 Rainier Rd., stated that the fees established by the consultant for the sewer system were higher than the amount proposed by staff. He expressed concern regarding the surge of development within the City before the end of the four year period and the potential burden on the current property taxpayer for new construction costs. Director Tiwari stated that it would be approximately 5 years before any new construction would take place and that capacity limit has not been reached at the current plant. However, some problems still exist at the plant which have been created by new DEQ regulations and changes must take place to modify the existing plant until a new plant is constructed. Preston Tack, 2197 Camellia Way, questioned the method in which the formula was derived and if the developers are required to pay the fees up front. Director Tiwari stated that the fees are required of all new construction and payment is required when permits are issued. Gil Flowers, 1352 Astor Way, questioned the wastewater capacity level. Following a brief discussion on this issue, it was the consensus of the Council to schedule a workshop regarding the wastewater issue. Page 3 - Council Meeting Minutes, August 26, 1991 ,-- TAPE READING 2767 Tape 2 0016 0046 -..... COUNCIL MEETING MINUTES August 26, 1991 Director Tiwari stated that the state law does allow system development fee for storm drain and the City currently charges a system development fee, however, the methodology has not been completed to make any adjustments to the established rate. Park Director Holly briefly reviewed the methodology established by the consultant to determine the park system development fee. The proposed system development fee ordinance would replace the current park dedication ordinance and the City would continue to accept either cash or park land in-lieu-of cash. All funds would continue to be reflected within the Park Capital Improvement Fund and used for improving existing park facilities within the development area or creating a new park facility to meet the needs of the new development. Funds could also be diverted to fund a project which would benefit all city residents such as a new pool. The Park Board has recommended that the City only charge 75% of the maximum limit and that the increase be phased in over a 5 year period. Some discussion was held regarding the need for an indoor pool and overcrowding at existing parks in the late afternoon/evening hours. Mayor Kyser closed the hearing at 8:20 p.m.. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT RE: CORNER LOTS. Mayor Kyser declared the public hearing open at 8:21 p.m.. Community Development Director Goeckritz reviewed the staff report and Planning Commission recommendation to allow a 13 foot setback on fences constructed on corner lots but not within the public right-of-way. Additionally, the fence within the vision clearance area would be limited to 30 inches in height. No one in the audience spoke either for or against the proposed amendment. The Mayor declared the public hearing closed at 8:24 p.m.. COUNCIL BILL NO. 1326 - ORDINANCE AMENDING THE ORDINANCE 1616 (NUISANCE ORDINANCE) REQUIRING TOILET FACILITIES ON CONSTRUCTION JOB SITES (Second Reading). The second reading of 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 Kyser declared Council Bill 1326 duly passed with the emergency clause. COUNCIL BILL NO. 1329 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1991-92. Council Bill 1329 was introduced by 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. Mayor Kyser declared Council Bill 1329 duly passed with the emergency clause. Page 4 - Council Meeting Minutes, August 26, 1991 -. COUNCIL MEETING MINUTES August 26, 1991 TAPE READING 0078 COUNCIL BILL NO. 1330 - ORDINANCE AUTHORIZING LOAN FROM THE STATE OF OREGON SPECIAL PUBLIC WORKS FUND FOR INFRASTRUCTURE IMPROVEMENTS NEAR 1-5. Councilor Hagenauer introduced Council Bill 1330. Deputy Recorder read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1330 passed unanimously. Mayor Kyser declared the bill duly passed with the emergency clause. 0110 COUNCIL BILL NO. 1331 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT IN LIEU OF A LOCAL IMPROVEMENT DISTRICT (L.I.D.) FOR CONSTRUCTION OF CERTAIN SEWERAGE IMPROVEMENTS NEAR 1-5. Council Bill 1331 was introduced by Hagenauer. The bill was read by title only since there were no objections from the Council. Attorney Shields distributed copies of a revised agreement in which Davidson Farms will pay Pioneer Trust's share of the costs, however, Pioneer Trust will not be allowed to connect to the system until they pay their share of the total costs. On roll call vote for final passage, the bill passed unanimously. Mayor Kyser declared Council Bill 1331 duly passed. 0193 COUNCIL BILL NO. 1332 - RESOLUTION AUTHORIZING PARKING TIME LIMITATIONS AND ESTABLISHING A LOADING ZONE IN SELECTED AREAS WITHIN THE CENTRAL BUSINESS DISTRICT. Council Bill 1332 was introduced by Council 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 Kyser declared Council Bill 1332 duly passed. 0221 COUNCIL BILL NO. 1333 - ORDINANCE AMENDING ORDINANCE 1807 REGARDING SETBACK DISTANCES OF FENCES ON CORNER LOTS. Councilor Hagenauer introduced Council Bill 1333. Deputy Recorder Tennant read 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 Kyser declared Council Bill 1333 duly passed. 0255 CONTRACT AWARD - 1-5 SEWER LINE BORE AND PUMP STATION WET WELL INSTALLATIONS. The staff recommended the acceptance of the low bid from Pipe Tech, Inc., in the amount of $441 ,305 for installation of a sewer line bore and the concrete shell of the pump station. HAGENAUER/SIFUENTEZ.... award the contract to Pipe Tech, Inc., in the amount of $441,305. The motion passed unanimously. Page 5 - Council Meeting Minutes, August 26, 1991 " .-. COUNCIL MEETING MINUTES August 26, 1991 TAPE READING 0302 CONTRACT AWARD - WEST WOODBURN SEWAGE SYSTEM PUMP STATION AND FORCE MAIN. The staff recommended the acceptance of the low bid from Kizer Excavating in the amount of $380,290 for lift station pumping facilities and installation of force mains. SIFUENTEZ/STEEN.... approve the low bid from Kizer Excavating in the amount of $380,290. The motion passed unanimously. 0326 COUNCIL BILL NO. 1334 - RESOLUTION AUTHORIZING CITY TO EXECUTE AN AMENDMENT TO A CONTRACT WITH CH2M HILL FOR PROFESSIONAL SERVICES. Public Works Director Tiwari briefly reviewed the proposed bill which pertains to the consultant fees for designing the pump station and force main. The City would pay only 1/2 of the additional costs not to exceed $18,000 with the balance being absorbed by CH2M Hill. Council Bill 1334 was introduced by 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 1334 passed unanimously. Mayor Kyser declared the bill duly passed. 0371 COUNCIL BILL NO. 1335 - RESOLUTION ENTERING INTO A COOPERATIVE AGREEMENT WITH THE STATE OF OREGON AND WAL-MART STORES. INC. FOR TRAFFIC SIGNAL INSTALLATION AT HWY. 214/EVERGREEN ROAD. Council Bill 1335 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Public Works Manager Rohman stated that the State Highway Department will install the traffic signal, Wal-Mart Stores will pay for the installation costs, and the City will be responsible for maintenance of the asphalt and the electrical power costs to operate the traffic light. On roll call vote for final passage, the bill passed unanimously. The Mayor declared Council Bill 1335 duly passed. 0495 ACCEPTANCE OF EASEMENT ON SETTLEMIER STREET NEAR SETTLEMIER PARK. The staff recommended the acceptance of easements from Robert & Lois Montgomery and Jerry & Nancy Shirley which allows for the construction of a new home on property transferred to the Shirley's. The easements as rewritten will provide adequate width and depth to meet the City's needs. SIFUENTEZ/HAGENAUER... accept the easements from the Montgomery's and Shirley's as recommended by staff. The motion passed unanimously. Page 6 - Council Meeting Minutes, August 26, 1991 'If COUNCIL MEETING MINUTES August 26, 1991 TAPE READING 0517 ACCEPTANCE OF EASEMENTS - INDUSTRIAL PARK. The staff recommended the acceptance of a waterline and sewerline easement from trustees C.W. Bagley, Ray Johnson, and Marlin Hammond. HAGENAUER/SIFUENTEZ... accept the waterline and sewerline easement as recommended. The motion passed unanimously. 0527 SALE OF SURPLUS PROPERTY - CLARIFIER SYSTEMS. Public Works Manager Rohman recommended the acceptance of the high bid from Logan International, Ltd for purchase of 4 clarifier systems from the old Sewage Treatment Plant since the clarifiers are of no use to the City. SIFUENTEZ/HAGENAUER.... accept the bid of $2,000 to purchase the 4 clarifier systems as recommended by staff. The motion passed unanimously. 0581 ANNUAL CITY INVESTMENT REPORT. Finance Director Gritta provided the Council with an informational report on the status of City investments in accordance with the City's investment policy. 0627 A brief staff report on the Transportation Project was included in the agenda packet for Council information. A more detailed report will be provided at the next regular meeting. 0654 A staff report on the Communications Enhanced 9-1-1 conversion was briefly reviewed with Council review of bids at the next regular meeting. 0681 Councilor Sifuentez urged the Planning staff to pay close attention to the street width issue on Landau Drive before any development on the east side of the street is allowed. 0716 Mayor Kyser expressed his appreciation for the cooperation demonstrated by Davidson Farms and KLAW Holdings in completing this most recent agreement. He also stated that he would investigate the complaints made by Willowbrook residents and report back at the next meeting. 0766 ADJOURNMENT. The meeting adjourned at 8:50 p.m.. '(J ~ APPROVED ?/lJ2--c::Y uJ ._ /YJ ---r-' FRED W. KYSER, MAY ATTEST /' (~ ~~ Mary en ant, Deputy Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, August 26, 1991 ~