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Minutes - 03/09/1998 '" COUNCIL MEETING MINUTES MARCH 9, 1998 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 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 S ifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Walton, 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 0017 MINUTES. JENNINGS/FIGLEY.... approve the Council minutes of February 23,1998; and accept the Planning Commission minutes of February 12, 1998 and the Library Board minutes of February 18, 1998. The motion passed unanimously. 0026 ANNOUNCEMENTS. A) Centennial Park Task Force: The next meeting of the Task Force will be held on Tuesday, March lOth, 7:00 p.m., in the City Hall Council Chambers. B) Friends of the Library Spring Book Sale: This semi-annual event will be held on March 13th and 14th at the Woodburn Public Library. C) Annual Spring Clean-up: On March 21", residents of Woodburn will be able to take yard debris and other recyclable materials to United Disposal Services located at 2215 N. Front Street. There is no charge for this service on this particular day and proof of residency is required. Page I - Council Meeting Minutes, March 9,1998 " . ._~..,..'T"'-_._.,_...,_....- 'II 1 ,~- - COUNCIL MEETING MINUTES MARCH 9, 1998 TAPE READING D) Nomination Petitions for Mayor and Council Positions: Nomination petitions must be filed with the City Recorder by August 24, 1998. 0060 APPOINTMENTS. A) Centennial Park Task Force: Mayor Kirksey appointed Debbie Wolfer and Martina Lopez to serve on the Task Force, She stated that both individuals work for the School District and are involved in various recreational programs offered by the City. FIGLEy/SIFUENTEZ.... Debbie Wolfer and Martina Lopez be named as additional members to the Centennial Task Force. The motion passed unanimously. PROCLAMA nONS. A) CAMP FIRE BOYS AND GIRLS: "ABSOLUTELY INCREDIBLE KID DAY". Mayor Kirksey proclaimed March 19, 1998 as "Absolutely Incredible Kid Day" and encouraged Woodburn citizens to write a letter to a child or children in observance of this day. B) WOODBURN TULIP FESTIVAL DAYS: Mayor Kirksey proclaimed March 20 - April 20, 1998 as Woodburn Tulip Festival Days and encouraged local residents to participate in the activities to promote Woodburn. 0200 CHAMBER OF COMMERCE REPORT. Patrick Vance, Chamber Board representative, reminded the Council of the upcoming events: I) March 18th - Chamber Forum, 12:00 noon, will be held at the Chemeketa Community College campus, 120 E. Lincoln, with the purpose of this meeting being a tour ofthe facilities and information on the classes available for the benefit of businesses; 2) March 12th - Business After Hours will be held at First American Title, Glatt Circle, between 4:30 and 6:00 p.m..; and 3) March 20th through April 20th - Tulip Festival co-sponsored by the Chamber and Wooden Shoe Bulb Company. He also stated that Dave Christoff and Jane Kanz attended the Mid- Willamette Valley Transportation Committee meeting last week and emphasized Woodburn's need for road improvements at the Highway 2l4/I-5 interchange area, During the month of February, the Chamber received 350 visitors and 500 telephone calls seeking information about the Woodburn community. This information will be provided to the Council on a monthly basis. Page 2 - Council Meeting Minutes, March 9,1998 . .".,.'"...,.,.,.'"'"-~<'.-- 'II . ,.--.."'---" - COUNCIL MEETING MINUTES MARCH 9, 1998 TAPE READING 0256 Preston Tack, 2197 Camilla Way, introduced Ruth Calderone, President of Senior Estates Board of Directors and Chair of their Community Relations Committee, who gave a short presentation to the Council. Ruth Calderone, 2085 Sallal Rd, read a letter informing the Mayor and Council that, on February 24'h, the Senior Estates Board of Directors voted to unanimously support the request made by Roger Mathis for a permanent barricade at the existing eastern terminus of Vanderbeck Lane. In their opinion, it is a valid request since serious traffic problems will exist in Senior Estates as motorists try to avoid Highway 214 and staff statements minimizing the impact of the added traffic are ill-considered. Mayor Kirksey also announced that the Mayor's Prayer Breakfast will be held on March 20th, 6:45 am, at the United Methodist Church, 0338 Councilor Jennings questioned Ms. Calderone if the letter was in the form of an appeal of the Planning Commission's action. Ms. Calderone stated that the letter was intended as an appeal ofthe decision. Councilor Jennings questioned reading the letter is following the proper appeal process. Community Development Director Goeckritz stated that the Planning Commission has completed a majority and minority report which will be submitted to the Council for their review at the next regular meeting. 0360 PUBLIC HEARING - AMBULANCE RATES. Mayor Kirksey stated that agenda item II C, Ambulance Rates, is a scheduled public hearing rather than general business item. This hearing has been noticed and published. Mayor Kirksey opened the public hearing at 7: 15 p.m.. Finance Director Gillespie stated that the City had received a request from Woodburn Ambulance for an advanced life support base rate increase to $625 (7% increase), a mileage increase to $10 (20% increase), and a convalescent rate of$175 (22% increase). These rates were last adjusted by the Council in 1993. He also stated that Woodburn Ambulance has requested that rates be increased annually based on the Portland Consumer Price Index (CPI). In a memo from Attorney Shields, the franchise ordinance does not address the CPI issue, therefore, the Council has the option of reviewing rates on an as needed basis or by authorizing an annual increased based upon the CPL Shawn Baird, co-owner of Woodburn Ambulance, informed the Council that the Marion County ambulance service assignment process has recently been completed and Woodburn Ambulance has been awarded a 5 year ambulance service assignment for the Woodburn and Silverton areas. This award gives Woodburn Ambulance stability for future years, He stated that call volume had plateaued last summer and revenue Page 3 - Council Meeting Minutes, March 9,1998 .' , "--.- -- ,. ., '~"-'-'-""---~-"~"---"""---"""'.'-'- COUNCIL MEETING MINUTES MARCH 9, 1998 TAPE READING generation has not met projected amounts. Significant improvements in the level of staffing and in the technical requirements mandated by the State has also put a financial strain on the company. No one in the audience spoke on the proposed rate increases. Mayor Kirksey declared the public hearing closed at 7:21 p.m.. Councilors Jennings and Figley expressed concern on the request to annually increase based on the Consumer Price Index since it could be to the franchisee's disadvantage. Shawn Baird stated that they are not really committed to the CPI increase and they are willing to submit specific rate changes in the future. Councilor Pugh expressed his support of the rate increase requested by Woodburn Ambulance, 0617 JENNINGS/PUGH.... staff prepare a resolution authorizing a rate increase to the franchisee and future increases not be tied to the Consumer Price Index. The motion passed unanimously, 0629 TABLED BUSINESS - WOODBURN DOWNTOWN ASSOC. REOUEST FOR REMOVAL OF CERTAIN TREES ON FRONT STREET. Councilor Jennings stated that he had previously asked WDA Secretary Dallas Figley if the WDA would object to removal of this item from the agenda, and, in not receiving a response back from WDA, JENNINGS/PUGH... this item be removed from the table. The motion passed unanimously. JENNINGS/PUGH.... request for removal of trees be taken off of the agenda. Councilor Figley stated that the tree removal will be part ofthe recommendation made by Downtown Task Force which will be reviewed by the Planning Commission, The motion to remove this agenda item passed unanimously, 0660 COUNCIL BILL 1869 - RESOLUTION AUTHORIZING INCLUSION OF CERTAIN CLASS OF VOLUNTEER WORKERS UNDER THE CITY'S WORKERS COMPENSATION INSURANCE COVERAGE. Councilor Hagenauer introduced Council Bill 1869. 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 1869 duly passed. Page 4 - Council Meeting Minutes, March 9,1998 I ~._. '..',...~,,,. 11 1 ~ ~ COUNCIL MEETING MINUTES MARCH 9, 1998 TAPE READING 0685 COUNCIL BILL 1870 - RESOLUTION AUTHORIZING CITY COST SHARING FOR THE CONSTRUCTION OF NEW SIDEWALKS AND DRIVEWAY APRONS WHEN IN THE PUBLIC INTEREST TO PROVIDE CONNECTIVITY AND SAFETY. Council Bill 1870 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Jennings questioned the inclusion of "curbs" in paragraphs 2 and 3 of the Whereas clauses. Public Works Director stated that "curbs" should be deleted from those sentences since curbs are responsibility of the City whereas the sidewalks are the responsibility of the property owners.. JENNINGSIFIGLEY..... Council Bill 1870 be amended by the removal of the word "curbs" in the second and third Whereas clauses. The motion passed unanimously. Councilor Pugh questioned as to what extent this proposed bill would apply. Director Tiwari stated that the purpose is connect a sidewalk where unsafe conditions exist for pedestrians. It is not intended for an entire subdivision or long distance street but there could one or more properties involved in connecting the sidewalk. If an entire subdivision was involved, staff would bring forth an assessment process, On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1870 duly passed. 0840 CLAIMS FOR THE MONTH OF FEBRUARY 1998. SIFUENTEZIFIGLEY.... approve claims #40035 - 40341 for the month of February 1998, The motion passed unanimously. 0860 Preston Tack, 2197 Camilla Way, questioned if any of the Councilors were going to bring up the letter submitted to the Mayor and Council by W.A. Rumsch urging a broad policy in respect to Senior Estates, The Councilors stated that they had not received the letter and questioned the date on the letter. It was noted that the letter was dated March 9th and the Mayor and Council had not yet received the letter in order to read it under the Communications item on the agenda. Mr. Tack proceeded to read Mr. Rumsch's letter into the record requesting that the Council consider the impacts made on the existing community when planning decisions are made relating to new developments. He stated that traffic studies do not show the impact of increased vehicular that occurs over a period of several years and existing communities should not be burdened with the problems associated with a new development He urged the Council to find solutions that will maintain the quality oflife in an existing community for elderly residents. Mr. Tack stated that he does a lot of walking around Senior Estates and lately he has seen Page 5 - Council Meeting Minutes, March 9,1998 ..... ".._. ...-_u<.,"'_.".._. ,.. - -~_._--"~,...,., ....!, COUNCIL MEETING MINUTES MARCH 9, 1998 TAPE READING a man who walks feebly on many of the streets in Senior Estates, He reiterated that they would like the Council to keep in mind these types of situations when making decisions that affect Senior Estates, 1120 NEW BUSINESS - RECRUITMENT OF FULL-TIME ADMINISTRATOR. JENNINGS/PUGH...instruct staff to prepare a Resolution and contract with Waldron Resources for the purpose of assisting the City in finding a permanent Administrator. Mayor Kirksey stated that she assumed that the motion would direct the City Administrator to negotiate a cap on expenses. Councilor Jennings stated that he agreed with the negotiation of a cap on expenses, On roll call vote, the motion passed unanimously. 1164 SITE PLAN ACTIONS. A) Site Plan Review #97-11: Office Retail Building located at 1359 N. Pacific Hwy. No action was taken by the Council on this site plan which was approved, with conditions, by the Planning Commission. B) Final Order: Planning Commission interpretation of whether a non-conforming structure can be renovated. JENNINGS/ ... Council affirm the action of the Planning Commission in regards to this matter and a letter reflecting this action be written. Attorney Shields stated that the interpretation was a land use hearing and there is still a few days for either Mr. Smith or Mr. Doman to appeal the interpretation to the City Council. On the land use issue, if the Council agrees with the Planning Commission decision than no action needs to be taken by the Council. This issue is more involved, however, any action to be taken by the Council should wait until after the appeal period has lapsed, Director Goeckritz stated that there is approximately 7 days left in the appeal period, therefore, the appeal period will be concluded by the next regular meeting. The motion was withdrawn. 1330 STAFF REPORTS. A) Election Filing Requirements: Recorder Tennant stated that nomination petitions are available at the City Recorder's office for the following positions: Mayor, Ward III Councilor, Ward IV Councilor, and Ward V Councilor. The filing deadline is August 24, 1998. Page 6 - Council Meeting Minutes, March 9,1998 .. . .....--.'OT'.' ~ . -"~ COUNCIL MEETING MINUTES MARCH 9, 1998 TAPE READING B) Recent U.S. Supreme Court Case Regarding Immunity for Legislative Acts: Attorney Shields stated that, based on a recent opinion from the U.S. Supreme Court, city legislators have absolute immunity from civil liability under 42 USC 1983 for their legislative acts. He cautioned the Council that it should not be construed too broadly since non-legislative actions would not be applicable. C) Petition for "No Parking" on West Hayes Street between Cascade Drive and Evergreen Road: Director Tiwari stated that a petition had been received and staff is preparing a report for Council action at a later date. Councilor Jennings questioned why staff was analyzing the request when all of the affected property owners want the "No Parking" signs installed. Director Tiwari stated that residents should have an opportunity to express their views before any final action is taken by the Council. He stated that the individual who has obtained the signatures on the petition has done a good service and staff is not trying to block the request. Staff only wants to make sure that someone does not come back to the Council at a later date to say that their rights were violated by not allowing public comment. Mayor Kirksey suspended the rules to allow public comment on this issue, Don Bear, 375 S, Columbia, stated that he had talked to most of the residents along West Hayes Street. Two of the residents were not willing to sign until after their neighbor signed. The neighbor subsequently signed the petition but he did not go back to those residents initially contacted. There were another 3 residents that were not at home at the time he was taking the petition around. One of the residents suggested that No Parking signs be installed on the north side ofW. Hayes Street and 2-hour parking signs be installed on the south side of W, Hayes Street. Residents also requested that speed signs be placed between Evergreen and Cascade, D) Building Activity Report/or February 1998. 1640 CITY ADMINISTRATOR'S REPORT. Administrator Walton stated that he has enjoyed his short tenure with the City and is getting acquainted with staff. He has not had an opportunity to meet with all ofthe Councilors and he is looking forward to meeting with them in the near future. 1670 MAYOR AND COUNCIL REPORTS. Councilor Jennings stated that the Chamber gave a very good presentation at the Transportation Committee meeting. The Chamber is willing to spearhead this project but the City has to go after the federal funds to get the project moving. He stated that he has a commitment from one of representatives in Congress that they will fight for federal Page 7 - Council Meeting Minutes, March 9,1998 r . ',e"___...".._ 11 1 --.....,.. '~ COUNCIL MEETING MINUTES MARCH 9, 1998 TAPE READING dollars to improve the interchange area. He complimented the Chamber for the work they have done on this project to date. He also expressed his appreciation to Administrator Walton for his newsletter and he encouraged interested citizens to read the newsletter. Councilor Hagenauer questioned when the Hardcastle railroad crossing would have the rubberized crossing installed. Director Tiwari stated that the Hardcastle crossing is rather sensitive with the railroad company since there is a crossing at Mill Street and they want to shift the roadway slightly to make the intersection at more of a right angle. Staff will continue to try and get this intersection improved, however, it may not be a easy or soon since the railroad is looking for one less crossing, 1844 Mayor Kirksey stated that the census will be conducted in the year 2000 and data obtained from the census will be used to realign Ward boundaries since it is based on population and not on registered voters. She also stated that she appreciated the newsletter from the Administrator. Brief discussion was held regarding a work session on March 16th to discuss compensation issues. Councilor Jennings stated that he would like to have a work session with Department Heads for the purpose of opening lines of communications with those individuals with compensation being a subject of discussion, It was the consensus of the Council to meet March 16th at 7:00 p.rn.. 1956 ADJOURNMENT. JENNINGS/FIGLEY.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:04 p.m.. APPROVED ('Z;).o-~A' NANCY A. /V' / .~- .,' .. '7 ~ SEY, MAYOR ATTEST 11~ M~nnant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, March 9,1998 .' ~ 'II . '..'----,...