Minutes - 08/22/2005
COUNCIL MEETING MINUTES
AUGUST 22, 2005
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, AUGUST 22, 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
Absent
Present
Present
Present
Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Public Works Manager Rohman, Police Chief Russell, City Recorder Tennant
Mayor Figley stated that Councilor Cox was not in attendance since he was recently
involved in a bicycle accident. She wished him well and for a speedy recovery.
0070 ANNOUNCEMENTS.
A) Labor Day Closures: City Hall and the Library will be closed on Monday, September
5,2005, in observance of Labor Day. The Aquatic Center will be open from 1 :00 pm
until 4:00 pm and admission will be $1.00 per person.
B) Music in the Park: The last two programs for this season are as follows:
1) Molly's Revenge, August 23, 2005; and
2) Molly Bloom, August 30, 2005.
The programs are held in Library park and begin at 7:00 p.m..
C) Public Hearing: Supplemental Budget appropriations hearing before the City Council
will be held on Monday, September 12, 2005, 7:00 p.m., in the City Hall Council
Chambers.
D) Public Hearing: The City Council will hold a public hearing on the proposed sale of
surplus City property located at 202 Tout Street on Monday, September 12, 2005, 7:00
p.m. in the City Hall Council Chambers.
0125 PRESENTATION: CHEMEKETA AREA REGIONAL TRANSPORTATION
SYSTEM (CARTS).
Valerie Rux, stated that this regional transportation network began operation in 1999 and
it provides a point to point deviated route and para-transit services in Marion and Polk
Counties. An ORS 190 agency was formed in 2001 to oversee the operations of the
CARTS transportation program and it is currently governed by an Executive Council.
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However, the Executive Council will soon be dissolved and the oversight for CARTS
will be provided by a Special Transportation Fund (STF) Committee who will then
recommend funding decisions to the Salem Mass Transit Board. Advisory Committees
throughout these counties discuss transportation needs of their specific area and these
needs are brought to the STF Committee and Board for consideration. CARTS provides
a transportation service to all members of the public and it connects with the Cherriots
Bus System in Salem for ridership flexibility. Over the last year, ridership in North
Marion County was approximately 20,000 of which 10% were seniors, 42% were
disabled citizens, 21 % were youth, and 27% were members of the general public.
CARTS is operated under contract by Oregon Housing & Associated Services (OHAS)
and funding for the service is provided by ODOT, the Federal Department of
Transportation, grants, fares, and donations. Currently, CARTS is working on a bus stop
project and a grant had been received during the last biennial budget from ODOT to place
20 bus stop signs in Marion and Polk Counties and to identify 5 sites for bus shelters.
Another grant has recently been awarded for an additional 50 signs and for the placement
of 20 bus shelters throughout the two counties. Woodburn is a designated location to
receive either one or two bus shelters. The primary bus stop in Woodburn is at the City's
Transit Center (190 Garfield) but CARTS is looking for other locations such as in the
Mall area or on Highway 99E near Lincoln Street. CARTS operates Monday through
Friday between 6:00 am and 8:00 pm.
0924 Mark Wolf, 654 Tukwila Drive, stated that his new business, Bunker Bar & Grill, will
have a soft opening on September 3, 2005 with the official Grand Opening on September
10th. He will be hosting a private party the evening of September 9th and he invited the
Mayor and Council to attend this function. He also stated that it had been a pleasure to
work with the City on this project and he felt that his business will be a great addition to
the community.
1093 CONSENT AGENDA.
A) approve Council minutes of August 8, 2005;
B) accept the draft minutes of the August 9,2005 Recreation and Parks Board;
C) receive the Building Activity report for July 2005;
D) receive the Planning Tracking Sheet dated August 15,2005;
E) receive the Claims report for July 2005;
F) receive the Police Department Statistics report for July 2005; and
G) receive the informational report on the removal of two street trees at 575 Settlemier
Avenue.
Councilor McCallum thanked the staff for the tree removal report. He stated that these
trees appear to be candidates for removal based on an assessment of a certified arborist
and they are a hazard to motorists.
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MCCALLUM/LONERGAN... adopt the Consent Agenda as presented. The motion
passed unanimously.
1184 TABLED BUSINESS: UNION PACIFIC RAILROAD PIPELINE CROSSING
AGREEMENT.
Public Works Director Tiwari stated that an e-mail had been sent to Union Pacific but
staff has not received a response as of this date. He stated that the City of Salem was able
to obtain an extension of the 30 day removal requirement to 1 year, however, he did not
feel that the extension of time would be in the City's best interest. In his opinion, either
an easement should be obtained from the railroad or leave the removal requirement at 30
days. Over the last 30 years, Woodburn has not been requested to remove lines by the
railroad, however, the City has removed some lines based on the City's own needs.
Mayor Figley felt that it was premature for the Council to take any action on this issue
while staff is still waiting for a response from Union Pacific, therefore, it will be held
over for a future meeting.
1488 COUNCIL BILL NO. 2585 - RESOLUTION DESIGNATING THE NATIONAL
INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL
INCIDENT MANAGEMENT IN THE CITY OF WOODBURN.
Council Bill 2585 was introduced by Councilor Sifuentez. Recorder Tennant read the bill
by title only since there were no objections from the Council.
Councilor Lonergan expressed his support for this program and questioned the number of
staff members that will be involved in and trained for this process.
Chief Russell stated that all line supervisors have been trained in the Police Department
and, within Public Works, there are about 7 staff members trained on the basic level.
There are many more staff members on the Incident Command System (ICS) and, on the
electives, the Mayor and City Administrator are working on their certification. Staff is
also working with the Fire Department for the formation of an Overhead Team so that
there can be at least two Overhead Teams that could run a major incident locally. It was
noted that NIMS adds the larger connecting piece of the federal government and railroad
which were not always in the ICS family so that multiple levels of government can work
together when an emergency arises.
On roll call vote, the bill passed unanimously. Mayor Figley declared Council Bill 2585
duly passed.
1685 COUNCIL BILL NO. 2586 - RESOLUTION DIRECTING THAT A STOP SIGN
BE INSTALLED ON KOTKA STREET WHERE IT INTERSECTS WITH COZY
WAY.
Councilor Sifuentez introduced Council Bill 2586. The bill was read by title only since
there were no objections from the Council.
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Councilor Bjelland questioned the need for a resolution every time a request is made to
install a stop sign.
City Attorney Shields stated that the resolution provides definitive documentation that the
Council had authorized the installation of the traffic control device in case there is a legal
challenge to the placement of the stop sign.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2586 duly passed.
1879 BID AWARD: POLICE FACILITY CONSTRUCTION PROJECT.
Bids for the new police facility were received from the following contractors: RB&G
Construction, LLC, $4,444,444.00; Corp Inc. Construction, $4,574,000.00; Woodburn
Construction Co., $$4,578,754.00; Co1amette Construction, $4,637,373.00; 2KG
Contractors, Inc., $4,710,000.00; Nomarco, Inc., $4,736,000.00; First Cascade Corp.,
$4,738,343.00; and Triplett-Wellman, Inc., $4,998,000.00.
MCCALLUM/NICHOLS... award the contract for the new police facility to RB& G
Construction in the amount of $4,444,444.00.
Chief Russell stated that RB&G Construction is based out of Mo1alla and their speciality
has been in construction of schools. They are nearing completion of two school
construction projects in Long Beach, Washington, and the construction project manager
for these projects was very pleased with the performance of RB& G Construction. This
firm was also the general contractor on the Chemeketa Building in Woodburn. The target
date for completion is set at August 2006.
Administrator Brown stated that the estimated project cost was $5.1 million and if costs
exceeded that value then the City would have had to look at other funding sources such as
the Marion County Sinking Fund. With the bid being at $4,444,444.00, the City will
have some cushion for some of the change orders that will most likely appear as the
project moves forward.
Councilor McCallum expressed his opinion that a fantastic job was done by Group
MacKenzie and staff in designing the facility and the next step is to see work commence
and project completed.
The motion passed unanimously.
2118 BID AWARD: POLICE FACILITY CONSTRUCTION MANAGEMENT.
Proposals were received from seven firms and following an evaluation of the proposals,
staff recommended that a contract be awarded to KJM and Associates at an estimated cost
of$104,000 with contract language on a "Not to Exceed Basis".
BJELLAND/SIFUENTEZ... award the contract for construction management services
to KJM and Associates and authorize the City Administrator to sign the final form of the
agreement. The motion passed unanimously.
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2166 LIOUOR LICENSE - NEW OUTLET: Nuevo Arandas. 450 N. First St.
Staff recommended denial of the Limited On-Premise Sales application since the owners
of the business have not provided the required information in order to perform a
background investigation.
SIFUENTEZ/NICHOLS... follow the staffs recommendation and recommend to OLCC
that the license application be denied. The motion passed unanimously.
2265 CITY ADMINISTRATOR'S REPORT.
Administrator Brown reminded the Mayor and Council that the League of Oregon Cities
annual conference will be held in Eugene this year. In order to reserve a sufficient
number of hotel rooms, he requested that Councilors interested in attending the
conference contact his office as soon as possible to make the necessary arrangements.
2374 MAYOR AND COUNCIL REPORTS.
Councilor Bjelland stated that there was no MW ACT meeting this past month, however,
last week he did serve on the interview panel for the two final candidates for Area III
Manager for Region II which would cover the area that MW ACT serves. This manager is
also ODOT's representative on MW ACT. These final candidates were going in for a
final interview before ODOT managers and he had not heard as of this date ifODOT had
made a final selection.
Councilor Sifuentez stated that she was excited about yesterday's celebration to dedicate
the Downtown Plaza and she feels that this park is a great addition to our community.
Councilor Nichols agreed that the ceremony yesterday was great and the music enjoyable.
Councilor Lonergan also agreed that the park looks great and staff did an excellent job in
getting this park developed.
Councilor McCallum stated that he had missed Sunday's event but did attend the soft
opening of the park on Friday. He also sent Councilor Cox best wishes for recovery.
Mayor Figley stated that she was very excited at the dedication of the Downtown Plaza
and she urged the public to visit and enjoy the park.
2631 EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn into executive session under the authority
ofORS 192.660(1)(h), 192.660(1)(f), 192.660(1)(1), and 192.660(1)(d).
NICHOLS/SIFUENTEZ... adjourn into executive session under the statutory authority
cited by the Mayor. The motion passed unanimously.
City Attorney Shields stated that his performance evaluation is one of the items to be
discussed. He declared a conflict of interest therefore he could not give the Council any
advice regarding that matter but he could give advice on the other matter to be discussed
in executive session. He also waived his right to have his evaluation in open session.
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The Council adjourned to executive session at 7:44 p.m. and reconvened at 9:32 p.m..
2718 Mayor Figley stated that the Council took no action on items discussed in Executive
Session.
LONERGAN/BJELLAND... give the City Attorney a 4% pay increase. The motion
passed unanimously.
Mayor Figley stated that this increase is in addition to any COLA adjustment that he
would be entitled to as a non-union employee under his employment contract.
2780 ADJOURNMENT.
MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:34 p.m..
ATTEST ~.~
Mary Te nt, Recorder
City of Woodburn, Oregon
Page 6 - Council Meeting Minutes, August 22, 2005
Executive Session
COUNCIL MEETING MINUTES
August 22, 2005
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, AUGUST 22, 2005.
CONVENED. The Council met in executive session at 7 :51 p.m. with Mayor Figley presiding.
ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Absent
Present
Present
Present
Present
Staff Present: City Administrator Brown (7:51 pm unti18:24 pm), City Attorney Shields (7:51 pm until
8 :24 pm - returned at 9: 15 pm until close of this session), City Recorder Tennant
Press: John Gervais, Woodburn Independent (7:51 pm until 8:10 pm)
Mayor Figley reminded the Councilors, staff, and press 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 consult with counsel concerning the legal rights and duties of a public body with regard to
current litigation or litigation likely to be filed pursuant to ORS 192.660(1)(h);
2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f);
3) To review and evaluate, pursuant to standards, criteria and policy directives adopted by the
governing body, the employment-related performance of the chief executive officer of any public body,
a public officer, employee or staff member unless the person whose performance is being reviewed and
evaluated requests an open hearing pursuant to ORS 192.660(1)(i); and
4) To conduct deliberations with persons designated by the governing body to carry on labor
negotiations pursuant to ORS 192.660(1)( d).
ATTEST ~~---+
Mary Te t, Recorder
City of Woodburn, Oregon
ADJOURNMENT.
The executive session adjourned at 9:33 p.m..
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