Council Meeting Minutes

City of Creswell

December 09, 2002

Board of Commissioners' Approved 9/24/03


The joint meeting of the Lane County Commission and the Creswell City Council was called to order.



Council Present


Bob Millam                Jeri-anne Cohen

Michael Dubick         Jean Beck

Marvin True              Jenny Carmichael



Council Absent




Commissioners Present:


Peter Sorensen

Bill Dwyer

Bobby Green

Cindy Wheeldryer


Press –     1


Audience -   22


1. Introductions


Introductions of County Commissioners and City Councilors were made.


2. Comment


No comments were received.


3. County Transportation System Plan (TSP) – Sonny Chickering


The Board of County Commissioners will be sending out copies of the Transportation System Plan (Tsp) plan when the document is finalized.  An analysis of the county rural system has been done and projects identified to work towards.  A series of four public meetings will be scheduled in January or February at various locations around the county.  It is expected that the board will adopt the TSP the summer or fall of 2003.  Projects surrounding Creswell include the intersection of Hwy 99 and Harvey Rd, Dale Kuni Rd. in the UGB listed for bike/Ped improvements, and approximately $4 million in improvements to Camas Swale Rd.  The Commission encouraged the council to convey its thinking in connection with ODOT’s system.  Bill Dwyer asked if there were any changes to the development code that might affect collector streets, existing driveways etc.


4. I-5 Bike Pedestrian Bridge CAPP Project – Sonny Chickering


Tom Stinchfield stated that the city was successful along with ODOT in receiving funding from the county to construct a Bike/Ped bridge over I-5. The project will cost approximately 1.4 million, with $300,000 coming from the county and $946,000 from the state.

There is a public hearing on the draft STIP scheduled January 9, 2003 at 7:00 p.m. in Springfield for 2004-2007 document.


5. County/City Road Partnership Agreement


Cindy Wheeldryer presented the City of Creswell a check in the amount of $72,012.34 for the City/County Road Partnership Agreement.


Other Business


Bill Dwyer adjourned the County Commissioners meeting, and Mayor Dubick called for a two-minute recess.


The regularly Scheduled Council Meeting was called to order by Mayor Michael Dubick and the pledge of allegiance given.





Marvin True moved Bob Millam seconded to approve the City Council minutes of November 12, 2002 and the Work Session minutes of November 25, 2002 as presented.  Voted on and carried: Bob Millam, Marvin True, Jeri-anne Cohen, Jean Beck and Jenny Carmichael voting yes.


Accounts Payable


Jean Beck asked what the invoice to James Heating and Air was for.  Public Works Director Roy Sprout explained that it is for repair of the heater at the community center.  Marvin True moved Jean Beck seconded to approve the accounts payable.  Voted on and carried: Jenny Carmichael, Jean Beck, Jeri-anne Cohen, Marvin True, and Bob Millam voting yes.


Mayor and Council Comments


Jenny Carmichael noted that Finance Director Layli Nichols gave complete responses to her questions presented at the audit review, if anyone would like to see it, please ask.


Marvin thanked the mayor and council for his time served as a councilor.


Jenny Carmichael presented plaques to the outgoing Mayor and councilors for their service



Old Business:


A. Approve Amendment to Law Enforcement Agreement


Sgt Byron Trapp spoke regarding the amendment to the law enforcement contract.  Sgt Trapp discussed how overtime is calculated as a cost of doing business not including vacation and sick leave etc.  Sgt. Trapp explained that the amendment is to include coverage for these times.  Discussion was held regarding the amendment and options for additional coverage.  Jenny Carmichael moved Jean Beck seconded to adopt the amendment to the Law Enforcement Agreement as submitted.  Voted on and carried: Marvin True, Bob Millam Jeri-anne Cohen, Jean Beck and Jenny Carmichael voting yes.


B. Wildish Construction – Request for Payment – Oregon Ave. Overlay


Marvin True voiced concerns at the last council meeting regarding the Oregon Ave. Overlay project.  Ron Stahelin met with Mr. True to address his concerns.  Mr. Stahelin stated that the concerns were: where the asphalt meets the highway and joints in the concrete.  Mr. Stahelin stated that an asphalt engineer looked at the project and does not feel that the joints will be a problem.  Mr. Stahelin explained that joints in the concrete are necessary to allow expansion and contraction of the material, and provide a place for concrete to crack.  Mr. Stahelin explained that concrete will compress with time and the goal is to have a level joint when the asphalt has completely compacted.  Discussion was held regarding the workmanship of the project and the standard one- year warranty written into the contract.  It was asked if the council could review the project again before the warranty expires.

Bob Millam moved Jeri-anne Cohen seconded to approve the pay request in the amount of $160,005 to Wildish Construction as submitted.  Voted on and carried: Mike Dubick, Bob Millam, Jeri-anne Cohen and Jenny Carmichael voting yes and Marvin True and Jean Beck voting no.


C. Update on Wastewater Facilities Project


City Administrator Linda James stated that there were about 12 people who spoke at the public hearing.  Another meeting will be held.  Jan 20, 2003.  A Town Hall meeting is scheduled at the Community Center on Wednesday at 7:00 p.m.


D. Update on CDBG Downtown Revitalization Project


Richard Zita will be making a presentation for options and related costs for the Downtown Revitalization Project on December 23, 2002 at the Community Center at 7:00 p.m.  City Administrator Linda James noted that it is her understanding that there may be drainage issues that were not planned on.


E. Report on Bike/Ped Committee Meeting


A meeting was held regarding the crosswalk issue at Creslane Elementary and the School feels that the crosswalk could be repainted; they would like to see the kids coming in at 10th and 7th Streets.  The option of putting up a temporary stop sign was discussed and the Bike Ped committee was not in favor of the idea.  There will be another meeting with the school board concerning the issue. City Administrator Linda James stated that she is looking at getting the city’s lid program back in place.  Jenny Carmichael asked if Linda James could follow up with a letter to the participants of the meeting.


City Administrator Linda James distributed information regarding Bike Path Grants.  There is a matching grant for $200,000, the city’s portion being $20,000.  The application is Due in February 2003.  The area being looked at for the project is 4th Street adjacent to Harry Holt Park.  Discussion was held regarding the location choice and it was noted that 4th Street was chosen over 5th street due to the amount of traffic, and a Street adjoining Oregon Ave. was chosen to connect to the Bike Ped Path slated for construction in 2004 over the Freeway.


New Business:


A. Approve Resolution No. 2002-14 – Governance Policies and Accept 2002-03 Goals


Jenny Carmichael asked if we could hear item B. Airport Rental Fees first


B. Approve Resolution 2002-15 – Increase in Airport Rental Fees


City Administrator Linda James stated that the city should have looked at this issue some time ago as they should be increased annually based on CPI.  Airport Commissioner and user John Ward calculated the cost and presented them to the users in attendance at the last meeting.  City Administrator Linda James asked that the council pass the increase effective January 1, 2003.  City Attorney Kelly Collins stated that the increases should be placed as an attachment to the existing agreements.  Mayor Dubick stated that he has a procedures issue with the proposal.  Mayor Dubick stated the airport commission should review the issue and then make a recommendation to council.  The airport commission has not had the opportunity to look at the proposal and address any potential issues.  Jeri-anne Cohen stated that she has a problem with the verbiage using 1989 because there are contracts that were not in existence at that time.  Jenny Carmichael agrees with Mayor Dubick’s concern regarding process and why the Airport Commission was not involved.  Mrs. Carmichael asked if there would be a downside to not passing the increase this month.  Linda James stated that there is not a down side.


Bob Millam brought forth concerns that as an Airport Commissioner he has not been well informed.  Mr. Millam stated that he feels that airport commission has not been getting all of the information that the airport users have been receiving.  Discussion was held regarding the proper process to follow, amount and kind of notice given for meetings, and whether or not the increase requires a vote of the council.  Mayor Dubick stated that if the City of Creswell is the lessor then he feels the issue does require a vote of the council.  Marvin True noted that the council had previously agreed that issues regarding the airport should first be brought to the Airport Commission prior to coming to council.


Jill Featherstonehaugh, Attorney for Dorothy Schick noted that there have been no increases in fees for the past thirteen years.  Ms. Featherstonehaugh also noted that according to the verbiage having the CPI index backdated to 1989 this would also apply to a building that was not built until the year 2000 for example.  She feels that there need to be increases, however they need to be fairly assessed.


Jean Beck moved Marvin True seconded to refer the issue back to the Airport Commission for discussion, and bring a recommendation to council at the regularly scheduled January meeting.


Airport user Jerry Norcia asked if a joint meeting could be scheduled with the Airport Commission and City Council.  Discussion was held regarding the proposal for a joint meeting and an appropriate time to hold a joint meeting and be able to come to council with a recommendation.  Jenny Carmichael stated that she would like to amend the motion to include all of the interested parties to a joint meeting to discuss this issue and to identify the other issues at the airport in January.


The motion was amended as follows: Refer the airport rental fees, and identification other airport issues to a joint work session with Council, Airport Commission and all other interested parties to be held in January to make a recommendation to council in February.  Voted on and carried: Marvin True, Bob Millam, Jeri-anne Cohen, Jean Beck and Jenny Carmichael voting yes.


Mayor Dubick called two-minute recess


Mayor Dubick reconvened the council meeting


A.  Approve Resolution No. 2002-14 – Governance Policies and accept 2002-03 Goals


Mayor Dubick stated that the only thing he has an issue with is the resolution.  Mr. Dubick stated that he would delete the verbiage “agrees to abide by and support its provisions”


Jenny Carmichael noted that she would like to see the added verbiage “consistent with council goals” added to page 14 #2 page 20 inserting “and goals” after Council policies in sentence one of #1, inserting “and goals” after “against policies” in sentence 2 of #1b, inserting “or goal” after “any policy” in sentence 1 of #2, and replacing “may” with “will” in sentence one of #4.


Jeri-anne Cohen moved Marvin True seconded to adopt the Governance Policies as amended.  Voted on and carried: Marvin True, Bob Millam, Jeri-anne Cohen, Jean Beck and Jenny Carmichael voting yes.


Discussion was held regarding the 2002-03 goals.  It was noted that the goals could be amended as needed.  Further discussion centered on the need to clarify these goals, and it was noted that the goals are an important tool.  Jean Beck moved Jenny Carmichael seconded to table adoption of the goals to the January 2003 regularly scheduled council meeting.  Voted on and carried: Jenny Carmichael, Jean Beck, Jeri-anne Cohen, Bob Millam and Michael Dubick voting yes, with Marvin True voting no.



C. Approve LOC Request for Voluntary Contribution for PERS related projects


Jenny Carmichael moved Marvin True seconded for the City to make a $100.00 contribution to the League of Oregon Cities for PERS related projects.  Voted on and carried:  Jenny Carmichael, Jean Beck, Jeri-anne Cohen, Bob Millam and Marvin True voting yes.


D. November 5, 2002 General Election Abstract


Jenny Carmichael moved Marvin True seconded to accept the abstract of the November 5, 2002 General Election as received from Lane County Elections.  Voted on and carried: unanimous


E. Clerk’s Report – October 2002 Financial Statement


F. Other

1. Personal Goals Administrator – A copy was provided in council packets and a short discussion was held.

2. UGB expansion – Airport

Lane County needs to rezone the airport property before the City can continue the annexation process.  The rezoning cost is $2,400.  Marvin True moved Bob Millam seconded to approve the rezoning cost of $2,400 as presented.  Voted on and carried:  Marvin True, Bob Millam, Jeri-anne Cohen, Jean Beck and Jenny Carmichael voting yes.

3. City Administrator Linda James noted that Region 2050 needs responses from cities, please fill out a questionnaire and return it to the city by December 17th.




There being no further business to come before the Council, Mayor Dubick adjourned the meeting.