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Minutes - 07/25/2005 COUNCIL MEETING MINUTES JULY 25 , 2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 25, 2005. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present (7:30 pm) Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Warks Director Tiwari, Public Works Manager Rohman, Park & Recreation Director Westrick, Police Chief Russell, Interim Community Development Director Zwerdling, Finance Director Gillespie, Associate Planner Rich1ing, City Recorder Tennant 0049 ANNOUNCEMENTS. A) Music in the Park: 1) Men of Worth - Library Park, July 26,2005 beginning at 7:00 p.m.. 2) Koral Jam - Library Park, August 2,2005 beginning at 7:00 p.m.. B) Mayor's Cup Golf Tournament will be held at the Senior Estates Country Club on July 29, 2005 with a shotgun start at 1 :00 p.m.. C) 22nd Annual National Night Out will be held on Tuesday, August 2, 2005 from 6:00 p.m. unti110:00 p.m.. Neighborhood groups wishing to participate in this annual event are asked to register with the Police Department by July 31 st. The Mayor reminded the public that she and Councilor Sifuentez will be visiting some of the neighborhoods on the registered list. D) 4}S' Annual La Fiesta Mexicana will be held August 5-7, 2005 at Legion Park. A parade will be held on August 6th beginning at 12:00 noon from Settlemier Park to Legion Park. E) Walt's Run will be held on August 13, 2005 beginning at 8:00 am at Centennial Park. This annual event is a 5K run or walk, or a 1 mile walk and interested participants can register at the Aquatic Center. Mayor Figley also acknowledged the recent passing of former 4-term Mayor Walt Lawson who was an inspiration and mentor to many people over the years. She stated that he had very high personal standards combined with a concern and respect for other people. She called for a moment of silence in his memory and honor. Page 1 - Council Meeting Minutes, July 25,2005 COUNCIL MEETING MINUTES JULY 25 , 2005 TAPE READING 0207 PRESENTATION: CERTIFICATE OF APPRECIATION FOR THE CITY'S MARION COUNTY FAIR 2005 EXHIBIT. Mayor Figley stated that Woodburn was the winner of the "City Display" Grand Prize at the North Marion County Fair. She presented Donna Gramse with a Certificate of Appreciation who was instrumental in putting together the poster board pictorial which was supplemented by a display of numerous items representing City businesses, history, and cultural diversity. 0410 CHAMBER OF COMMERCE REPORT. Nick Harville, Chamber Executive Director, stated that the Chamber is on schedule for having a soft opening of the Visitor Center on August 1 st with the Grand Opening scheduled for August 9th at 10:00 a.moo The Chamber also held a Brand Identity workshop last week to create a Brand Identity for the region in order to cross-sell each others communities and give visitors more reason to stay in our area. He stated that the Chamber has submitted a request to the City to reallocate some ofthe Transient Occupancy Tax grant funds to offset some of the hard costs of opening the Visitor's Center. Mayor Figley expressed her opinion that the Visitor's Center at Woodburn Company Stores is an obvious place to be located and well-worth reallocation of funds. 0565 PRESENTATION: WOODBURN ROTARY CLUB. Alma Grijalva, President, stated that the Rotarians would like make Warzynski Plaza as this year's community service project and presented a check to the City in the amount of $5,000 towards the gazebo project. She stated that they are very excited about the work that is being done at the plaza and hoped their contribution will help towards the completion of the project. Mayor Figley thanked the Rotarians for their contribution to this project. 0710 CONSENT AGENDA. A) approve the regular and executive session minutes of July 11, 2005; B) accept the Planning Commission minutes of June 23, 2005; C) accept the Library Board minutes of July 13, 2005; D) accept the draft Recreation & Park Board minutes of July 12, 2005; E) receive the report on Claims for June 2005; and F) receive the Summer Water Use report. Councilor Lonergan referred to the Recreation and Park Board minutes of July 12, 2005 and brought to the public's attention that the Park Board will begin discussing the possible dismantling of Legion stadium at their August 9,2005 meeting when discussing the Legion and Centennial Park Master Plans and public participation is encouraged. MCCALLUM/LONERGAN... adopt the Consent Agenda as presented. The motion passed unanimously. Page 2 - Council Meeting Minutes, July 25,2005 COUNCIL MEETING MINUTES JUL Y 25 , 2005 TAPE READING Public Works Director Tiwari stated that the water supply for domestic use is very good and two new functioning water wells were added to the City's pumping capabilities. He encouraged residents to be cautious on water usage for watering lawns and other non- domestic use especially on very hot days. Watering lawns should be done in the late evening / early morning hours since it takes less time during those hours for the soil to absorb the water. He also stated that staff continues to work on cleaning the water reservoirs, therefore, the treated water is not on-line yet but will be later this year. 1120 COUNCIL BILL NO. 2581 - ORDINANCE LEVYING ASSESSMENTS FOR IMPROVEMENT OF BOONES FERRY ROAD FROM GOOSE CREEK TO HAZELNUT DRIVE. Councilor Sifuentez introduced Council Bill 2581. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor McCallum stated that he is a resident within the local improvement district, therefore, he was declaring a conflict of interest due to a financial interest and he would not be participating in the discussion or voting on this issue. Councilor Lonergan stated that he was not in attendance at the last meeting, however, he had read the staff report and the minutes from the public hearing. He felt that he was well versed on this issue and would be voting on the bill. On roll call vote for final passage, the bill passed 4-0 (Councilor McCallum did not participate or vote). Mayor Figley declared Council Bill 2581 duly passed. 1238 COUNCIL BILL NO. 2582 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY FOR VARIOUS TYPES ROAD MAINTENANCE AND ENGINEERING SERVICES. Council Bill 2582 was introduced by Councilor Sifuentez. 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 Figley declared Council Bill 2582 duly passed. 1305 COMMUNITY DEVELOPMENT DIRECTOR VACANCY. Administrator Brown stated that he had accepted the resignation of former Director Mulder and, during the interim, he has appointed Senior Planner Zwerdling to fill the Director's position. With the complexity of Periodic Review, he recommended that the Council allow him to ask consultant Greg Winterrowd, Winterbrook Planning, to take the lead role on this project separate of anything else the department may be dealing with in the way of current planning or zoning ordinance amendments. He also recommended that an Executive Search firm be utilized to conduct a wide-spread recruitment of candidates for this key senior-staff position. The estimated cost for this service is $25,000. If the Council follows his recommendation, then a budget transfer from operating contingency would be necessary to pay for this unanticipated expenditure. He stated that there would be some salary savings generated over the next few months through the absence of the Page 3 - Council Meeting Minutes, July 25,2005 COUNCIL MEETING MINUTES JUL Y 25 , 2005 TAPE READING Director but most of those savings were used to pay for leave payouts and the remaining amount will be used for consulting services and some pay adjustment for the interim appointment of the Senior Planner to Director. Councilor McCallum stated that an Executive Search can be extremely time consuming and he feels that a nation-wide search would be beneficial to the City. His experience with these firms have resulted in a thorough recruitment process and he was in favor of the Administrator's recommendation. Councilor Lonergan expressed his opinion that this was a key executive position and was also in favor of utilizing an executive search firm. Administrator Brown briefly reviewed the role the search firm would assume as part of this process and, since this is not a charter position, he would make the hiring decision contingent upon Council approval just like any other department head position he would be filling. Additionally, the person to be hired into this position would enter into an employment contract with the City. 1800 (Councilor Cox arrived at the meeting at 7 :30 p.m.) Councilor Bjelland stated that an Executive Search firm is also a source for contacting qualified individuals who might not be looking for a job, therefore, they tend to reach a much larger and more qualified pool of applicants. He felt that it would be a wise investment on the part of the City to increase the candidate pool. Mayor Figley agreed with comments made by the Councilors since her experience has resulted in search firms being able to find candidates with more depth. Administrator Brown stated that it will take about 4 months to complete the process. BJELLAND/MCCALLUM... authorize the City Administrator to solicit proposals from Executive Search firms to conduct a recruitment to fill the Community Development Director position. The motion passed unanimously. 2016 COUNCIL BILL NO. 2583 - RESOLUTION TO APPROVE TRANSFER OF OPERATING CONTINGENCY FUNDS. Council Bill 2583 was introduced by Councilor Sifuentez. 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 Figley declared Council Bill 2583 duly passed. 2116 LEGISLATIVE AMENDMENT 05-01 (WOODBURN 2005 COMPREHENSIVE PLAN UPDATE) - ADDITIONAL WRITTEN TESTIMONY AND STAFF RESPONSES TO TESTIMONY. Mayor Figley stated that this issue was continued to this meeting for deliberations and the agenda packet does include staff responses to the testimony from the recent re-opening of the hearing for some very limited testimony. Councilor Lonergan stated that he had read all of the material presented but would prefer to have the City's consultant in attendance to answer some specific questions. He Page 4 - Council Meeting Minutes, July 25,2005 COUNCIL MEETING MINUTES JULY 25 , 2005 TAPE READING realized that this issue has been going on for a long time but he felt that this was a very important issue that needs a little more time before a decision is made. Mayor Figley agreed that this issue should be continued to a future meeting and stated that she would like to see a full Council when it is discussed. She suggested that deliberations be continued until the second regular meeting in August. Administrator Brown stated that Mr. Winterrowd would not be available until after August 9th and the second meeting might be too soon for the consultant and staff to get together and be ready to meet at the second meeting in August. He suggested that the deliberations be continued to the first meeting in September. COX/MCCALLUM... continue the deliberations on this issue to September 12,2005. The motion passed unanimously. 2323 SOUTH FRONT STREET IMPROVEMENTS. Bids for the improvements for South Front Street were received from the following contractors: Parker Northwest Paving, $845,627.19; M L Houck Construction, $936,684.30; Kerr Contractors, $938,423.04; Capital Concrete Const., $952,875.25; D & D Paving, $1,006,883.89; North Santiam Paving Co., $1,016,212.95; and Gelco Construction, $1,025,876.45. Staff recommended the acceptance of the low bid from Parker Northwest Paving which was 4% over the engineer's estimate of $811 ,596.00. BJELLAND/NICHOLS... award construction contract to the lowest responsible bidder, Parker Northwest Paving Company Inc, for street and storm drain improvements on South Front Street in the amount of$845,627.19. The motion passed unanimously. 2365 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Design Review 05-05, Variance 05-09, Variance 05-13, and Exception 05-01 (Marion County Housing Authority)- Proposed development of a 32-unit senior apartment project to be located on the West side of Carol Street. No action was taken by the Council to call this action up for review. 2400 CITY ADMINISTRATOR'S REPORT. A) Administrator Brown stated that he would be out of town the attending a family function the weekend just prior to the August 8th meeting and would not be returning until August 9th. He would not be out of town long enough to appoint someone to be in charge, however, he has asked department heads to limit the amount of agenda items that will be before the Council for consideration. B) This is the time of the year for the Council to evaluate the City Attorney's performance, therefore, electronic copies of the evaluation forms will be sent to the Mayor and Council. An executive session will be set for a meeting in August for the City Attorney's evaluation. Page 5 - Council Meeting Minutes, July 25,2005 COUNCIL MEETING MINUTES JULY 25 , 2005 TAPE READING C) Administrator Brown requested guidance on the name of the Downtown Plaza. He provided the Council with a briefing report on the history of the Warzynski Plaza which was a small comer area adjacent to the downtown parking lot which is now being developed as a plaza. The bricks from the original Warzynski Plaza area have been saved and are now located around the new fountain. The bronze plaque has also been moved to the fountain area. He stated that a decision needs to be made on the name of the Plaza since a resolution needs to be considered by the Council that will name the Plaza as a piece of parkland thereby making it subject to park rules and regulations. Mayor Figley stated that Lillian Warzynski was very involved with a project that the Rockefeller Foundation was funding that would help smaller diverse communities to get along better and Woodburn was chosen to receive some of this funding. A decision was made to put half of the funding into a downtown plaza and that is what funded the comer area of the parking lot. Mrs. Warzynski became ill and passed away not long after the this project was started and former Mayor Kirksey proposed that naming that comer in Mrs. W arzynski' s honor was a good way of commemorating her. As a good friend of Mrs. Warzynski, she did not think that Mrs. Warzynski was interested in having the area named after her rather she wanted downtown Woodburn to look nice be a great place for all people to enjoy. A suggestion has been made to name the fountain as Warzynski fountain since there is no big ticket donor for this part of the project. Councilor McCallum questioned if the larger plaza was envisioned and, if so, was it the intent of the Council at that time to keep that name for a larger plaza. Councilor Sifuentez stated that she was a part of the original project and they had never envisioned the plaza as it is today. She stated that Mrs. Warzynski would have preferred that the citizens take ownership and pride in the plaza. She felt that naming the area as Downtown Plaza would give the whole City ownership and encourage citizens to come downtown. Administrator Brown stated that his research from 1998 and 1999 showed that the Council had authorized the naming of the Lillian Warzynski Court to identify the area as something less than the plaza. About 6 months later when it was dedicated, it became Warzynski Plaza instead of Court. He felt that the Council did envision the whole parking lot as a plaza but not necessarily to the same extent that it has been re-developed. Councilor McCallum felt that citizens will most likely refer to the area as the "Plaza" rather than a more specific name. Councilor Nichols suggested naming the fountain after Mrs. Warzynski and the area be named "Plaza" since it will be an area for citizens to meet and enjoy. Councilor Bjelland also suggested the naming of the fountain after Mrs. Warzynski since it would be appropriate to keep her memory somewhat intact of the project she worked on. He suggested that the official name should be "Woodburn Downtown Plaza" but the unofficial name could be Plaza until such time as another plaza is developed in Woodburn. Page 6 - Council Meeting Minutes, July 25,2005 COUNCIL MEETING MINUTES JULY 25 , 2005 TAPE READING BJELLAND/MCCALLUM... name the fountain as Warzynski Fountain and the plaza as "W oodburn Downtown Plaza". The motion passed unanimously. 3240 MAYOR AND COUNCIL REPORTS.. Councilor McCallum stated that he will be out of town the first part of August and unable to attend the Visitor Center opening and National Night Out. He stated that he did attend the Salud dedication and their have a wonderful facility to help the City's population. Mayor Figley stated that she had received a letter from a contractor about the professionalism displayed by Building Official Steve Krieg. 3386 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the statutory authority ofORS 192.660(l)(d) and ORS 192.660(1)(f). NICHOLS/MCCALLUM... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned into executive session at 7:54 p.m. and reconvened at 8:04 p.m.. 3415 Mayor Figley stated that no decisions were made by the Council while in executive seSSIOn. 3430 ADJOURNMENT. MCCALLUM/SIFUENTEZ... meeting be adjourned. The meeting adjourned at 8:05 p.m.. ATTEST ~~~ Mary Te ant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, July 25,2005 Executive Session COUNCIL MEETING MINUTES July 25, 2005 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 25, 2005. CONVENED. The Council met in executive session at 7:57 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. The executive session was called under the following statutory authority: I) To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(1)(d); and 2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f). ADJOURNMENT. The executive session adjourned at 8:03 p.m.. ATTEST flfo;a ~"'-~ Mary T ant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, July 25,2005