Minutes - 08/26/1991
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COUNCIL MEETING MINUTES
August 26, 1991
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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
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August 26, 1991
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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.
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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.
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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.
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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.
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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.
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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
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