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Minutes - 02/09/1998 COUNCIL MEETING MINUTES FEBRUARY 9, 1998 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 9, 1998. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. 0007 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Finance Director Gillespie, Library Director Sprauer, Recreation & Park Director Westrick, Public Works Manager Rohman, City Recorder Tennant 0018 MINUTES. FIGLEY/PUGH.... approve the Council minutes of January 26,1998 and the February 3, 1998 special and executive session minutes; and accept the Planning Commission minutes of January 8, 1998. Councilor Jennings stated that he was not present at the January 26, 1998, therefore, the minutes need to be corrected under "Convened" (tape reading 0001) to show that Mayor Kirksey presided at the meeting. The motion passed unanimously with the correction to the January 26, 1998 minutes. 0043 ANNOUNCEMENTS. A) Centennial Park Task Force meeting will be held on Tuesday, February 24,1998, 7:00 p.m., in the City Hall Council Chambers. B) Chamber of Commerce Annual Distinguished Service Awards Recognition - This annual event will be held on Tuesday, February 17, 1998,7:00 p.m., at the United Methodist Church. Page I - Council Meeting Minutes, February 9, 1998 T ~ m ..--~._..,._"'".,.. COUNCIL MEETING MINUTES FEBRUARY 9, 1998 TAPE READING C) Holiday Office Closures --In recognition of Presidents Day, City Hall offices will be closed on Monday, February 16'\ and the Woodburn Public Library will be closed on Saturday, February 14th. 0075 BUILDING INSPECTION PROGRAM OPTIONS. Community Development Director Goeckritz reviewed the legislative requirements for notifying the County Building Department of potential changes in the City's building inspection program in the ensuing fiscal year. He stated that he has been in contact with the County Building Official who has agreed to make an allowance for the City to take over the A level plan review effective July I, 1998, however, an agreement needs to be reached with the County by March I. 1998. In researching the amount offees paid to the County for A level plan review, it is evident that the fees generated exceed the cost for services and it would be advantageous for the City to takeover this service from the County provided that we continue to utilize the services of a consultant such as RLM Consulting who has expertise in all areas of building inspection and plan review. Under the current proposal, the County would continue to provide plumbing and electrical inspections. Options available to the City include: I) continue with the current building program; 2) look at a full service in-house program which would require hiring a structural engineer, plumbing inspector, and electrical inspector; 3) Building Official hired be required to have certain certificates and City hire a consultant to be responsible for those areas in which the Building Official's certificate does not cover; and 4) hire a consultant to do all building inspection and plan review work on a percentage offees collected with the City providing clerical assistance and office space while they are working on city projects. Director Goeckritz stated that if a consultant is hired, he would still be responsible to the City and would receive general direction from the City. Since the cost to the City for the consultant would be based on a percentage of permit fees collected, the City would not be responsible for paying full wages and benefits to a Building Official during those times in which building activity is slow. Councilor Jennings stated that he has reviewed this proposal with Director Goeckritz and feels that option #4 (hire consultant) should be pursued for fiscal year 1998-99 since the City would ultimately gain on revenues received provided that the building activity continues to grow within the City. By hiring a consultant, we will only be paying them a percentage of fees collected whether building activity is up or down. Following some further discussion on this proposal, it was the consensus of the COWlcil to pursue the modification to the current building program by adding A level plan review and hire a consultant to perform building inspection services as provided for within a new agreement with the County. Page 2 - Council Meeting Minutes, February 9, 1998 ~ .,......-.' 'I' I' TAPE READING 0731 0800 0850 Corrected - see minutes of 2/23/98 1108 COUNCIL MEETING MINUTES FEBRUARY 9, 1998 CHAMBER OF COMMERCE REPORT. Teresa Garrett, Chamber Board representative, reminded the Council of the following upcoming events: I) Annual Distinguished Service Awards - A dessert social will be held on February 17th, 7:00 p.m., United Methodist Church, to honor local citizens for their contributions to our community; 2) Business After Hours - Super 8 Motel will host this event on February 12th between 4:30 pm and 6:00 pm: 3) Chamber Forum will be held on Wednesday, February 18th. 12:00 noon, at the Woodburn Medical Center. The guest speaker will be a representative from Salem's Gilbert House. 4) Student Shadowing Day will be held on February 19th. This is an all-day project in which approximately 50 high school students will shadow local business leaders to get experience in to see what happens in the business world. Mayor Kirksey introduced abed Garza who was in the audience observing this meeting. Mr. Garza stated that he and Ronda Barrow, students at Western Oregon University, were at this meeting to see how local politics are dealt with by the governing body.. Mayor Kirksey stated that Mr. Garza had worked at the City's Youth Drop-In Center for several years and has also been active in the community on various projects. Roger Mathis, 1810 Astor Way, submitted a petition to the Council signed by 117 Senior Estates residents requesting that a barricade be placed on the east end of Vanderbeck. He stated that the residents in this area are very concerned regarding an increase in traffic flow once development takes place between Senior Estates and Boones Ferry Road. He cited a similar example of a traffic barricade put into place on the north end of Fifth Street. He stated that Vanderbeck from Senior Estates to Boones Ferry Road is currently a dirt road which is used periodically. He requested that the Council look into this request and provide the concerned citizens with an answer to their request. Brief discussion was held regarding the current development status of the property located just east of Senior Estates. Councilor Figley stated that she would like to receive information from staff on fire, life, and safety issues before any decision is made on this request. JENNINGS/PUGH.... refer this issue to the Planning Commission as an agenda item for their next meeting. The motion passed unanimously. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT #97-01 AND ZONE CHANGE #97-02 (BUDGET INN MOTEL). Mayor Kirksey declared the public hearing open at 7: 18 p.m.. Recorder Tennant read the Page 3 - Council Meeting Minutes, February 9, ] 998 - . -'-"-r "1'1' COUNCIL MEETING MINUTES FEBRUARY 9, 1998 TAPE READING land use statement required by ORS Chapter 197. Councilor Jennings stated that he is a good friend of John and Vera Grigorieffwho own the property in question, however, his friendship with them will have no bearing on the way he votes on this issue since he will be voting on the merit of the proposed change. Attorney Shields stated that, based on the declaration made, Councilor Jennings could participate in this hearings process as long as he did not have any pecuniary interest. 1292 Community Development Director Goeckritz stated that the property in question has a split zone that was put into place as part of the 1980 Comprehensive Plan. The property was designated as single family residential on the west side of the parcel and commercial general on the east side. Motel units have existed on the property long before 1980 and it is unknown as to the rationale behind the split zone. He stated that zones usually follow property lines but an assumption could be made in that the Commission had looked at property depth in order to determine the comprehensive plan zone designation. In this particular case, the contract purchaser Kaimas and Kantaben Patel would like to destroy the existing units on the west side of their property and rebuild them with new motel units. However, they need to obtain a zone change from single family residential to commercial general before the units are removed. They did investigate the option of building a single family residence in that area, however, access to Highway 99E would have to be through the motel parking lot since the State will not allow any new access onto Highway 99E. He stated that the owners would be required to submit a site plan to the Commission for review and issues raised by adjoining property owners would be addressed by the Commission at that time. He stated that the Planning Commission has recommended that the proposed amendments to the Comprehensive Plan and the Zone Change amendment, with conditions, be approved by the Council. Administrator Childs questioned if the property just north of the subject property had originally been designated as a split zone. Director Goeckritz stated that the property had been rezoned by the Council about 3 or 4 years ago. It had been designated with a split zone similar to the one currently before the Council. Councilor Jennings suggested that the City look at other areas along stretch of roadway to see if additional amendments should be pursued. Director Goeckritz reminded the Council that the City is reviewing our Comprehensive Plan and issues such as this will be addressed in the plan review. 1673 Will Vinson, Pfeifer Design Build representing the Patel's, stated that the current configuration of the Comprehensive Plan is quite unusual and the whole parcel should be designated as one zone. The property currently zoned single family residential is landlocked since the State will not allow another access onto Highway 99E. He stated that the property owner would like to upgrade his property by removing the existing units Page 4 - Council Meeting Minutes, February 9, 1998 "m._.n' ~_,.__, ,'u _ u___m~'__~_'1'_'4 _ ---...,- COUNCIL MEETING MINUTES FEBRUARY 9, 1998 TAPE READING in the back and replacing them with new units. He also stated that a precedent has been set in that another property owner located just north of this property received a change in the comprehensive plan and zoning designations just a few years ago. He reminded the Council that future development of the property will require compliance with various City ordinances and regulations and he urged the Council to approve this application. 1836 Roxanne Baker. 575 Elm Street, stated that she was representing Gloria and Roger Blomberg who own property adjacent to the subject property. They were unable to attend this meeting, howevcr, they are in opposition to the proposed amendments since they did not want low income development in the area which may result in the lowering their property value and/or loss of their privacy. Mr. Vinson stated that the future development of the property is not intended as development as low-income housing. The Patel's intention is to continue to develop it as a motel property. Mayor Kirksey declared the public hearing closed at 8:05 p.m.. For the record, Councilor Jennings stated that the Grigorieffs sold the property to the Patel's in 1989. He stated that, in his opinion, the City made a mistake many years ago when split zones were designated and he feels that zones should follow property lines. Councilor Pugh stated that it is imperative that the Comprehensive Plan be updated to correct zoning problems. Director Goeckritz reminded the Council that the City is currently going through a periodic review process. Councilor Figley stated that the existing buildings are in such poor condition that it is to the City's advantage to approve the proposed comprehensive plan and zone change so that the owner can rebuild the units provided that conditions are set that would take into consideration the concerns of the neighbors.. Councilors Hagenauer, Sifuentez, and Chadwick all agreed that the units are in very poor condition and new units will improve the area. JENNINGS/FIGLEY... instruct staff to prepare an ordinance with findings offact and conclusions to approve the request for a comprehensive plan and zone map amendment, with conditions, as recommended by the Planning Commission. The motion passed unanimously. 2018 PUBLIC HEARING - AMERICANS WITH DISABILITIES ACT (ADA) PARA TRANSIT PLAN. Mayor Kirksey declared the public hearing open at 8 :08 p.m.. Public Works Manager Rohman reviewed the federal requirements that mandate agencies Page 5 - Council Meeting Minutes, February 9, 1998 T ... >,- ~._, 111 COUNCIL MEETING MINUTES FEBRUARY 9, 1998 TAPE READING offering a fixed route transit service to provide a comparable service to disabled individuals. The City has not been in compliance with this requirement since the fixed route operates Monday through Friday while the para-transit service operates 4 days per week. The City had submitted an Undue Financial Burden waiver to the federal government about two years ago, however, the City has not heard as of this date ifthe waiver would be granted. The initial request proposed a July I, 1998 compliance date but new information as to when federal funding assistance will be available has moved the anticipated compliance date to January I, 1999. It is hoped that a second para-transit van will be available to serve the elderly and disabled citizens within our community by the fall of 1998. He stated that the majority of the costs for a new vehicle will be paid for by federal funds with the balance from the City's Transit Equipment Replacement Fund. In addition, the City has applied funding for a new transit bus and for a planning assistance grant to look into how to expand our transit service to serve more of our community. If approved, funding will be at different levels and it may be two years before funding is received. , No one in the audience commented on the para-transit plan. Mayor Kirksey declared the public hearing closed at 8:20 p.m.. JENNINGS/FIGLEy....submit an extension request for ADA paratransit compliance to January I, 1999. The motion passed unanimously. 2500 TABLED BUSINESS - WOODBURN DOWNTOWN ASSOCIATION REOUEST FOR REMOVAL OF CERTAIN TREES ON FRONT STREET. No action was taken to remove this item from the table. 2505 COUNCIL BILL 1862 - RESOLUTION AUTHORIZING AGREEMENT WITH ADVANCED COMMUNICATION TECHNOLOGIES. INC. FOR FIBER OPTIC CABLING. Council Bill 1862 was introduced by Councilor Hagenauer. 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 Kirksey declared Council Bill 1862 duly passed. 2534 COUNCIL BILL 1863 - RESOLUTION AUTHORIZING AGREEMENT WITH COMMWORK'S INC. TO PROVIDE CATEGORY 5 CABLING. Council Bill 1863 was introduced by Councilor 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 Kirksey declared Council Bill 1863 duly passed. Page 6 - Council Meeting Minutes, February 9. 1998 -r~ . <.._. .... m I .-....-..-..-T COUNCIL MEETING MINUTES FEBRUARY 9, 1998 TAPE READING 2569 COUNCIL BILL NO. 1864 - RESOLUTION ENTERING INTO AGREEMENT WITH STATE DEPARTMENT OF TRANSPORTATION FOR SAFETY BELT ENFORCEMENT AND THE THREE FLAGS PROGRAM. Councilor Hagenauer introduced Council Bill 1864. 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 Kirksey declared Council Bill 1864 duly passed. 2600 COUNCIL BILL NO. 1865 - RESOLUTION ACCEPTING WETLANDS PLANNING ASSISTANCE GRANT AND COMMITTING CERTAIN MATCHING FUNDS. Council Bill 1865 was introduced by Councilor 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 Kirksey declared Council Bill 1865 duly passed. 2630 LIOUOR LICENSE RENEWALS FOR 1998. Within the Police Chiefs staff report, he had summarized the adopted Council policies used in making his recommendation for the 1998 renewals. He recommended that the following licenses be approved: Package Stores: AM/PM Mini Mart; Bi-Mart; Crossroads Deli; Gary's Market; Payless; Lind's Plaza Market; OLCC Store #60; Piper's Jewelry; Roth' IGA; Salvadore's Bakery I and II; Shop N Kart; 7-11 Store; Westview Texaco; Woodburn Chevron; Young Street Market; and Safeway. Class "B" Dispensers: Eagle's Lodge; Woodburn Elks Class "C" Dispensers: Lupita's Retail Malt Beverage: Abby's Pizza Inn; Sally's Pizza; Members Club Inc.; Senior Estates Country Club: Woodburn Lanes; Pizza Hut; La Unica; Raven Inn; Pizza Cabana; Denny's Restaurant Class "A" Dispensers: Yun Wah's Chinese Restaurant; Chung Sing Restaurant; Playa de Oro; The Pier. Of the above listed licenses, he recommended that the Compliance Plans currently in place for La Unica, Raven Inn, and Playa de 01'0 remain as a condition oflicense approval for 1998. Councilor Jennings questioned the Chief regarding his report on Chu's Eatery. Chief Wright stated that the Council could accept all or any portion of the proposed compliance plan or hold a public hearing before a decision is made on this particular license. Following a brief discussion regarding Chu's Eatery. Page 7 - Council Meeting Minutes, February 9, 1998 T .......- .,,-._" 111 --....,.,.....T" COUNCIL MEETING MINUTES FEBRUARY 9, 1998 TAPE READING JENNINGS/FIGLEY... approve all of the liquor license renewals for 1998 as recommended by the Police Chief including Chu's Eatery with the compliance plan. The motion passed unanimously. 2800 COURSE OF ACTION REGARDING INTERIM CITY ADMINISTRATOR. Councilor Jennings stated that he had distributed a copy of a diagram which provides logical steps to follow in regards to the hiring of an Interim City Administrator. He reiterated that it is imperative that decisions be made at this meeting so that an interim can be hired by the first part of March. He reviewed the steps that would be followed by the Council depending upon the action to be taken such as appointing an interim administrator within our own organization, utilize the service of a professional temporary agency, or obtain of list of names of available professionals willing to serve as an interim administrator. Each of the Councilors expressed their thoughts on this subject. In summary, the Councilors felt that hiring a professional manager would be beneficial since department heads still have their own work to do and placing this additional responsibility on anyone of the department heads would be asking too much of that employee. In regards to the search for an interim administrator, it was the consensus of the Council to use a temporary agency to find qualified applicants and a Council sub-committee would interview candidates Cor the position. Several Councilors also suggested that Finance Director Gillespie be designated as the City's Budget Officer for the 1998-99 budget. JENNINGS/PUGH... contract with Waldron Resources to fill the interim Administrator position. The motion passed unanimously. Councilors Jennings, Figley, and Pugh volunteered to serve on the selection committee. Administrator Childs stated that he would contact Waldron Resources to proceed with this project. Tape 2 0027 CLAIMS FOR THE MONTH OF JANUARY 1998. Councilor Sifuentez questioned the voucher paid to Job Shoppers. Finance Director Gillespie stated that Job Shoppers is a temporary employment agency and the engineering division has 2 temporary engineering technicians that are under this program. SIFUENTEZ/PUGH... approve voucher checks #39684 - #40034 issued during the month of January 1998. The motion passed unanimously. 0058 NEW BUSINESS: RECONSIDERATION OF COUNCIL BILL 1860 (RESOLUTION #1461). JENNINGS/FIGLEY... reconsider Council Bill 1860, Resolution No. 1461. The motion Page 8 - Council Meeting Minutes, February 9, 1998 r ..- ..------"t"-'..-.-- ~_'m__._'_" 111 I .----T TAPE READING "' COUNCIL MEETING MINUTES FEBRUARY 9, 1998 passed unanimously. Councilor Jennings stated that he had made the motion to reconsider since this was an instance in which the Mayor was not present at the meeting in which the vote was taken. In the past, the Council had delayed taking action on an issue until all members of the Council were present. Since she has some strong feelings on this issue, he felt it was appropriate to bring it back onto the table in order to hear her comments. Mayor Kirksey stated that the property is located behind the apartments on Park Avenue which is currently landlocked. The Council had agreed to sell the land for $1,000 since the property does not do the City any good since it is landlocked. She was against the selling of the property to the prospective buyer since the buyer does not keep up the property they currently own. She is concerned in that if more apartments are built on land adjacent to the city property, they will be kept in a similar condition as those already in place. She stated that she was just unable to sign the Quitclaim deed because of her conccrns. Councilor Sifuentez stated that she was against the sale of the property from the beginning but was overruled. She stated that she supported Mayor Kirksey on this issue. Councilor Hagenauer still expressed concern in our inability to get to the property to even cut the grass. Councilor Pugh requested that the Mayor further explain her comments in reference to the apartment buildings. Mayor Kirksey stated it is apartments that the apartment owners do not have any pride in keeping well maintained. Councilor Sifuentez questioned if the propeliy could be used for community gardens. Administrator Childs reminded the Council that the property is landlocked, however, if access was available then it could be used for other purposes. Councilor Figley stated that the property is landlocked and any access will cost money. In her opinion, thc City should not pay for access to this very small piece of property that may not even be considered as a buildable lot. Councilor Pugh expressed his opinion that the City is dealing with two different issues in that the maintenancc of existing apartments needs to be treated separately from the sale of city property. Councilor Chadwick questioned what could be built on the property. Community Development Director Geockritz stated that the prospective buyer would like to add this property to his adjacent vacant property in order to develop the property. He stated that conditions could be placed on the development during the site plan review process. Councilor Figley stated that she had not changed her mind on this issue and feels that selling the property is right thing to do since the property has no value to the City and it is landlocked. Page 9 - Council Meeting Minutes, February 9. 1998 ~ '~;If COUNCIL MEETING MINUTES FEBRUARY 9, 1998 TAPE READING Councilor Jennings stated that the language in the Resolution needs to be changed since the Mayor refuses to sign the Quitclaim deed. Attorney Shields stated that the Council could amend the Resolution to authorize another individual to sign the Quitclaim deed. PUGH/FIGLEY.. amend the Resolution to authorize the Council President to sign the Qnitclaim deed.. On roll call vote, the motion passed unanimously. The Mayor called for the vote to reconsider Council Bill 1860 (Resolution 1461) as amended. On roll call vote, the vote was 3-3 with Councilors Situentez, Chadwick, and Jennings voting nay. Mayor Kirksey voted nay to break the tie, therefore, Council Bill 1860 was defeated. 0573 NEW BUSINESS: EVERGREEN RD. SInEW ALK. Councilor Jennings stated that the sidewalk on the west side of Evergreen Road extends from Hayes Street to the north end of the Super 8 Motel property. He suggested that staff investigate the feasibility of extending the sidewalk to Highway 214 since there are numerous pedestrians who walk on that side of the street. Public Works Director Tiwari stated that staff will look into this matter. 0634 SITE PLAN REVIEW #97-15: PALM HARBOR VILLAGE. No action was taken by the Council on the administrative approval for the development of a mobile home sales lot located west of Fairway Plaza. 0641 STAFF REPORT. A) Reportfrom Police Chief Wright concerning guns: Chief Wright stated that he had prepared this report following the recent Portland incident in which an officer was killed in the line of duty and two other officers injured. In 1997, Woodburn officers were confronted 28 times by persons carrying or possessing guns. The officers successfillly seized and removed the weapons. He stated that officers receive training in an effort to prevent any injury or death, however, there is always that possibility that an ofticer may be involved in a fatal situation. Councilor Jennings also stated that there is sometimes a misconception that a protective vest will always protect the ot11cer. Chief Wright stated that vests are bullet resistant and not bullet proof. 0740 ADMINISTRATOR'S REPORT. Administrator Childs requested that the executive session listed on this agenda be canceled. Page 10 - Council Meeting Minutes, February 9, 1998 m .,. '1'11 COUNCIL MEETING MINUTES FEBRUARY 9,1998 TAPE READING JENNINGS/FIGLEY... cancel the executive session. The motion passed unanimously. 0762 MA YOR AND COUNCIL REPORTS. Councilor Jennings invited the public to attend a reception for Administrator Childs on February 24, 1998,5:00 pm - 7:00 pm, in the City Hall Council Chambers. This reception will give the public an opportunity to wish Administrator Childs well in his future endeavors. He stated that the Mayor and Council will have to work hard to find another individual to fill his position. Councilor Jennings questioned ifhe could paint over graffiti that is on private property. Police Chief Wright stated that property owner would need to give him permission to repaint the offending areas. He reminded the public that they should call the Police Department if there is graffiti that needs to be removed. Councilor Jennings stated that the one that needs attention is the building just east of the City's building on Broadway (old ladder factory building). Councilor Jennings also stated that he had attended the February meeting of the Mid Willamette Area Council on Transportation Commission and has brought back information for staff. He also stated that the Chamber is becoming very active on Project #1 which involves repairs to the interchange and the widening of Highway 214 to Oregon Way. The Chamber is getting some studies from citizens and business owners in that area and it is hoped that a presentation can be made to the Commission in March. The reason for this action is because the interchange improvements are not included in the State Transportation Improvement Plan. 1000 Councilor Figley thanked Public Works for the work done on the corner of Tout and Front Street since the extra asphalt and drain work has worked to drain the area more rapidly. Mayor Kirksey stated that she had an opportunity to see the Police in action at the Chellleketa building several years ago and she expressed her appreciation of all officers who put their life on the line each time they respond to calls not knowing what is going on inside the building. Councilor Sifuentez expressed her appreciation to city staff for their quick response to her questions. Administrator Childs reminded the public that the Fire Department does provide paint frec of charge to business owners or residents who need to cover up graffiti on their own Page 11 - Council Meeting Minutes, February 9, 1998 T ~ " , ~-I COUNCIL MEETING MINUTES FEBRUARY 9,1998 TAPE READING property. He also stated that he will be contacting Waldron Resources to set up the first meeting regarding the selection of an interim administrator. The Councilors indicated that they would be available Thursday afternoon to meet with Waldron Resources. 1160 ADJOURNMENT. JENNINGS/PUGH.... meeting be adjourned. The motion passed unanimously. . , ~ 1/"7. __ , _, (""/<6' ,/ APPROVED / , ,.,. "L.." 7 '.~ . - - "",..2'2~_~ NANCY A. KIRKSEY, MAYOR ATTEST Mary Te ant. Recorder City of Woodburn, Oregon Page 12 - Council Meeting Minutes, February 9, 1998 T' .",.---' m 1 r