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Minutes - 08/22/2005 COUNCIL MEETING MINUTES AUGUST 22, 2005 TAPE READING 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. Page 1 - Council Meeting Minutes, August 22, 2005 COUNCIL MEETING MINUTES AUGUST 22, 2005 TAPE READING 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. Page 2 - Council Meeting Minutes, August 22, 2005 COUNCIL MEETING MINUTES AUGUST 22, 2005 TAPE READING 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. Page 3 - Council Meeting Minutes, August 22, 2005 COUNCIL MEETING MINUTES AUGUST 22, 2005 TAPE READING 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. Page 4 - Council Meeting Minutes, August 22, 2005 ... COUNCIL MEETING MINUTES AUGUST 22, 2005 TAPE READING 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. Page 5 - Council Meeting Minutes, August 22, 2005 .. COUNCIL MEETING MINUTES AUGUST 22, 2005 TAPE READING 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.. Page 1 - Executive Session, Council Meeting Minutes, August 22, 2005 .,