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Minutes - 05/26/1998 COUNCIL MEETING MINUTES MAY 26, 1998 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 26,1998. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present Present Present (7:05 pm) Present Present Present (8:40 pm) Staff Present: City Administrator Walton, City Attorney Shields, Public Works Director Tiwari, Police Chief Wright, Finance Director Gillespie, Recreation & Park Director Westrick, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant Mayor Kirksey stated that she had excused Councilor Sifuentez from attending this meeting in order to attend her daughter's confirmation. 0023 JENNINGSIFIGLEY.... suspend rules and move the Drums of Fire business item (lIE) to just before Committee reports. The motion passed unanimously. 0040 MINUTES. JENNINGSIFIGLEY.... approve the regular and executive Council meeting minutes of May II, 1998; accept the Planning Commission minutes of April 23, 1998 and the Recreation and Park Board minutes of April 14, 1998. The motion passed unanimously. 0048 ANNOUNCEMENTS. Public Hearing on 1998-99 City Budget - On June 8, 1998,7:00 p.m, the City Council will hold a public hearing on the 1998-99 City Budget. PRESENTATION - FRIENDS OF THE PARK. A) Hallmark Properties -- Recreation Coordinator Sjothun and Park & Recreation Board member Lee Ehrens Page I - Council Meeting Minutes, May 26, 1998 - . COUNCIL MEETING MINUTES MAY 26, 1998 TAPE READING presented Mr. & Mrs. David Christoff, owner of Hallmark Properties, with a Friends of the Park award for their support and monetary contribution towards the Drop-In Center program and the high school recreation basketball program. B) Abby's Pizza- A Friends of the Park award was also presented to Don Hope, owner of Abby's Pizza, who has generously contributed over the last two years to the youth soccer and basketball programs. Mayor Kirksey commended the business owners and their organizations for their caring attitude towards recreation programs and for their monetary contributions to help make these local programs such a success. 0131 APPOINTMENT - WOODBURN HUMAN RIGHTS COMMISSION. Mayor Kirksey appointed Colleen Vancil to the Woodburn Human Rights Commission. JENNINGSIPUGH... approve the appointment of Colleen Vancil. The motion passed unanimously. 0141 SPECIAL EVENT PARK USE PERMIT ---DRUMS OF FIRE Larry Krieghauser, representing Drums of Fire Inc, stated that drum corps units from across the United States participate in this program and Woodburn's event will be the first competition for these corps units this year with the final national competition to be held in Orlando, Florida. Woodburn will be the only city in Oregon hosting this event which will be held on June 26'h, and is the smallest city within the United States to successfully host a Drum Corps show yearly. The corps from Santa Clara will be in town for 1 week and will be housed at the North Marion high school. He stated that every dollar gained by Drums of Fire, Inc. has gone back into Legion Park in the form of some type of park improvement. Proceeds from this year's event will not be spent until next spring at which time the Parks Department will be rebuilding Legion Park. He requested that the Mayor provide a proclamation prior to the event. Councilor Jennings stated that he would abstain from discussion and voting on this issue since he is the Treasurer of the organization. FIGLEyIPUGH.... authorize the Park Director to sign the Special Event Park Use Permit with Drums of Fire for the 1998 Band Competition and show at Legion Park. The motion passed 4-0-1 with Councilor Jennings abstaining. 0275 CHAMBER OF COMMERCE REPORT. Jack Reeves, representing the Chamber Board, informed the Council of the following events: Page 2 - Council Meeting Minutes, May 26, 1998 T"" ~ 11 1 ~,.._~ COUNCIL MEETING MINUTES MAY 26, 1998 TAPE READING A) Business After Hours will be held on June lIt" 4:30 pm, at the Woodburn Veterinary Clinic, 222 S. Pacific Hwy, and B) Luncheon Forum will be held on June 17th at the Woodburn Medical Clinic, 12:00 noon, with a guest speaker from Portland General Electric on the new Customer Choice program. He also reported to the Council that, during the month of April, the Chamber had 930 visitors and 875 telephone calls were received inquiring about the Woodburn area. 0325 Joni Burke, AWARE Food Bank, stated that the food bank provides a service to approximately 400 families monthly and, due to the reliance of volunteers and donations, they are in need of some financial help or ideas from the Council which may assist them in maintaining as much of their program as possible to help those in need. She stated that they are currently renting space for their office on Second Street and, if the City had some space available that they could utilize at little or no charge, this cost savings would provide that much more assistance to the needy families in our area. She stated that the Food Bank Board would like to partner with the City in order to maintain their services. Councilor Figley questioned as to what donations are needed by the food bank during the year. Ms. Burke stated that there is always a need for staples such as cooking oil, flour, rice, and beans. 0425 PUBLIC HEARING - PROPOSED COMPREHENSIVE PLAN. ZONING ORDINANCE. AND CAPITAL IMPROVEMENT PROGRAM AMENDMENTS. Mayor Kirksey declared the public hearing open at 7:15 p.m.. Community Development Director Goeckritz stated that the City and Woodburn Downtown Association (WDA) had received approximately $33,000 in grant funds towards a facilities planning program for the downtown area. The purpose of the grant was to develop a program to guide revitalization of the downtown business area. The Planning Commission and WDA have reviewed the draft amendments and recommend Council adoption of the amendments. Director Goeckritz briefly reviewed the following components of the staff report: I) Comprehensive Plan amendments, 2) Zoning ordinance amendments to the Downtown Design and Conservation District (DDCD), and 3) Capital Improvement program. He stated that the DDCD has been expanded to the Aquatic Center to the south and to the north side of the property owned by Chemeketa (just north of Harrison St.). The overlay district would provide some protection from new development and establishes certain sign criteria that new development would have to make in order to be placed in the old downtown area. It was noted that at least 5 of the 8 criteria would have to be implemented for a new structure to be built within that zone. In regards to the Capital Improvement Program, the improvements listed do not obligate Page 3 - Council Meeting Minutes, May 26, 1998 ~ .~_._..._-_..'-".__._-.' ..,,-~..~_._----.........., ., . . COUNCIL MEETING MINUTES MAY 26, 1998 TAPE READING the City to any specific project and costs listed are at the estimated full contractors cost. He stated that the City has been awarded $2,000 in grant funds towards the purchase of trees which would be planted this falL Volunteers, along with some public works assistance, will plant some new trees this falL He stated that the WDA did an admirable job in participating in this review process and formulating the amendments. Councilor Figley stated that, even though this is not a land use hearing, she is in the process of purchasing a building in the DDCD and, for the record, the discussion being held at this meeting will not have a monetary impact on her. Therefore, after being advised by the City Attorney and in consultation with the Government Practices Division, she will talk and vote on this issue. 0751 Susan King, WDA President, urged the Council to seriously consider the plan amendments so that they can start to see some improvements in the downtown area. Dallas Figley, WDA Secretary, stated that a cruicial element in this program is business recruitment. A concern at the Planning Commission level is cost and he suggested that improving the area will increase property value to the downtown area. As the WDA went through the process with the consultants, it was noted that attractive trees is an important part of the Capital Improvement program since it provides continuity with the surrounding area. The architects also suggested that the WDA offer classes to business owners during this fluctuating economy and, with budgeting and other programs, they hope to sustain the survivability ofthe businesses. As a capital improvement, the walkway between the Library and the west side ofFlomer's building should be paved. Other improvements could include lighting changes and the placement of a new mural on the north side ofFlomer's building. Another social program planned is a Farmer's Market and includes live music. There would be a need to provide some electrical hook- ups and water to the area servicing this program once the program is started with more improvements as shown in the plan as the program grows. He referred to the "Mayor's Alley" drawing stating that the idea is to make the alley more attractive, pedestrian friendly, and to tie-in double fronted businesses. As it is developed, the alley can be blocked off during non-delivery times for better utilization. The business recruitment plan is the key to making this overall improvement program successfuL They would like see the downtown area as a location where everyone feels comfortable and they would like to see the City plan their infrastructure improvements in the downtown area just like they do in other areas of the City. He reiterated that Councilor Figley is in a due diligence process and they plan on opening up a bookstore in the downtown area. 1125 Councilor Jennings questioned if a better tree program is being proposed assuming that new trees will be planted in the downtown area. Director Goeckritz stated that, as part of the grant urban tree program, planting and long term care is required. The type of tree recommended to be planted is a norway maple which has a tendency to look like a candlestick and requires minimal care. The existing Page 4 - Council Meeting Minutes, May 26, 1998 ..., _._..~"-- COUNCIL MEETING MINUTES MAY 26, 1998 TAPE READING trees will be removed with the new trees put in their place. Councilor Figley stated that these trees are planted at the Lioyd Center and are very attractive. She also stated that the current version of the plan contains a list of permissible uses, however, she is concerned about the proliferation of the nurnber of businesses only wiring money in that they are choking off the business opportunity for anything else. She stated that she had also done some research on locations of wire money offices and found that downtown Woodburn has 5 of these locations that wire money exclusively while she could not find any of these offices at Donald, Gervais, Aurora, Hubbard, St. Paul, Mt. Angel, or Silverton. Director Goeckritz stated that it is the Council's prerogative to add, delete, or modify within any of the documents before them and there is some subjectivity to these choices. FIGLEy/JENNINGS.... money wiring services in the Downtown Design & Conservation District be prohibited other than being incidental to other non-financial business operations. Director Goeckritz stated that there are still other commercial areas in which these businesses could be located within the City. Councilor Figley stated that wiring services would be allowed in the WDCD as an ancillary use but not as a primary use. Attorney Shields stated that the ordinance was drafted by a consulting firm and many of the definitions are dated, therefore, there may be additional amendments to the definitions within the ordinance that need to be made before final adoption. On roll call vote, the motion passed 4-0-1 with Councilor Pugh abstaining. Councilor Pugh stated that he had abstained from voting since he was unfamiliar with wire service operations and would like to study it further before casting his vote. Mayor Kirksey closed the public hearing at 7:48 p.m.. JENNINGS/PUGH... staffbe requested to come back with an appropriate ordinance incorporating the changes that have just been discussed. The motion passed unanimously. 1535 COUNCIL CONSIDERATION OF STEPHEN SMITH APPEAL OF PLANNING COMMISSION INTERPRETATION. Councilor Jennings stated that he has reviewed Attorney Shield's legal opinion and feels that the Planning Commission had interpreted the zoning ordinance correctly. JENNINGS/PUGH... support the decision ofthe Planning Commission acknowledging that this is a non-conforming structure but not in violation of the zoning ordinance. Councilor Jennings stated that he did not think any further ordinance or resolution is necessary since they would be affirming the Planning Commission's decision. Attorney Shields stated that the Council needs to affirm the Planning Commission position and direct staff to prepare findings and conclusions recognizing the existence of Page 5 - Council Meeting Minutes, May 26, 1998 t ~ II 1 ,,,.,-- COUNCIL MEETING MINUTES MAY 26, 1998 TAPE READING a non-conforming structure. Councilor Jennings stated that the statement made by the Attorney is the intent of his motion and Councilor Pugh concurred with the statement. Following a brief discussion on the procedure to follow to affirm the decision, the Mayor called for a vote and the motion passed unanimously. Mayor Kirksey stated that Councilor Sifuentez had conveyed to her that she was in agreement with the Planning Commission's interpretation. 1672 COUNCIL BILL 1888 - RESOLUTION ENTERING INTO AN AGREEMENT WITH FEI AMERICA. INC. TO PROVIDE COMPUTER HARDWARE. Council Bill 1888 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Attorney Shields stated that, procedurally, the Council should award the contract then vote on the council bill. JENNINGS/FIGLEY... suspend rules, delay the item on the floor, and allow for a motion before final action on the Council Bill. The motion passed unanimously. JENNINGS/PUGH... award the bid for the WAN (wide area network) hardware and installation to FEI America. The motion passed unanimously. On roll call vote for final passage, Council Bill 1888 passed unanimously. Mayor Kirksey declared the bill duly passed. 1814 COUNCIL BILL 1889 - RESOLUTION ENTERING INTO AGREEMENT WITH DON GANER TO COMPLETE AN ADMINSTRATIVE FACILITIES CAPITAL IMPROVEMENTS PLAN. Councilor Hagenauer introduced Council Bill 1889. Recorder Tennant read the bill by title only since there were no objections from the Council. Administrator Walton stated that this would be a long range plan to the year 2010 for planning public facilities within the City. On roll call vote for final passage, the bill passed unanimously. 1860 COUNCIL BILL 1890 - RESOLUTION DECLARING CITY'S ELECTION TO RECEIVE STATE REVENUES DURING FISCAL YEAR 1998-99. Council Bill 1890 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 the bill duly passed. 1885 CENTENNIAL PARK DESIGN CONSULTANT. Recreation & Park Director Westrick stated that proposals for design consulting services for Phase I of the project had been received from David Reed & Assoc./Triland Design Group, Inc., and Leisinger Designs/Jerry L. Groff, P.E.. Staff reviewed the proposals and Page 6 - Council Meeting Minutes, May 26, 1998 ,. . If 1 .-...-.,.... COUNCIL MEETING MINUTES MAY 26, 1998 TAPE READING found that, as far as qualifications, both were fully qualified. However, Leisinger Designs was approximately $10,000 less than the other firm. He also stated that Andy Leisinger of Leisinger Design was on staff with the City of Salem when Wallace Marine park was developed. He recommended that the proposal from Leisinger Designer be accepted. The proposed project schedule indicates December 1, 1998 as the final approval date for Phase I. Councilor Figley stated that she feels that the project can be accomplished within the near future, but it needs to be done right. By hiring the consultant, plans will be of professional quality and in such condition that it can be done right. FIGLEy/JENNINGS..... authorize staff to draft a contract with Leisinger Designs for preparation of the final site plan, construction specifications and plans, and construction supervision for Centennial Park Phase I and authorize the Mayor to sign the contract. The motion passed unanimously. 2124 BID AWARD - DUCTILE IRON PIPE. Bids fro 1,980 feet of ductile iron water pipe were received from the following vendors: Pacific States Cast Iron Pipe Co., $25,264.80; H.D. Fowler Company, $25,839.00; United Pipe & Supply Co., $26,670.60; and Consolidated Supply Co., $27,165.60. Staff recommended the acceptance of the low bid. JENNINGSIFIGLEy.... award bid #98-09 for ductile iron pipe to Pacific States Cast Iron Pipe Co. in the amount of$25,264.80. The motion passed unanimously. 2147 ACCEPTANCE OF WATER AND SEWER EASEMENTS. Staffrecommended the acceptance of the easements being conveyed by the developer/owner of the Village By The Green multi-family complex located along Country Club Road. JENNINGSIFIGLEY... accept the water and sewer easements as recommended by staff. The motion passed unanimously. 2165 CLAIMS FOR THE MONTH OF APRIL 1998. JENNINGSIFIGLEy.... approve voucher checks #40767 - 41160 issued during the month of April 1998. The motion passed unanimously. 2219 SITE ACTION PLANS. A) Site Plan Review #98-07 - A 1,200 square foot addition to an existing industrial building located at 1660 Industrial Ave. No action was taken by the Council on this site plan which was approved by the Commission, with conditions, on May 14, 1998. Page 7 - Council Meeting Minutes, May 26, 1998 ~ ~. 11 1 ~ COUNCIL MEETING MINUTES MAY 26,1998 TAPE READING B) Site Plan Review #98-08 -A 1,760 sq. foot office addition located at 745 Ray J. Glatt Circle. No action was taken by the Council on this site plan which was approved by the Commission, with conditions, on May 14, 1998. 2228 STAFF REPORTS. A) Crosswalk Installation Issues on Park Avenue near Legion Park. Councilor Jennings questioned if a blinking light would make the intersection safer for pedestrians crossing the street to the Drop-In Center or Legion Park thereby solving the problem. Public Works Director Tiwari stated that his memo to the Council did recommend the overhead blinking light, however, he does have concerns regarding this option since designated crosswalks do give pedestrians a false sense of security. In his opinion, the best solution is, with the cooperation with the Police Department, provide safety training. He reminded the Council that no sign will ever protect pedestrians. The estimated cost for installing the overhead blinking light is $20,000 of which it is proposed that the Park Department would contribute $5,000 with the balance paid out of Street CIP funds. The cost involved for hiring a part-time crossing guard is more expensive in the long term. Mayor Kirksey questioned if a school crossing sign can be placed in the vicinity of Legion Park and, if it is not allowed at this time, she suggested that the legislature should consider allowing the use of school crossing signs in areas designated for recreational use. Police Chief Wright brought to the Council's attention a May 19th incident in another city where a child was killed in a designated, lighted crosswalk. This is another incident in which false security was a factor. He commended the Recreation employees for coming forward with this issue. Training is a major component in this safety issue for both parents and children. To date, there has been no fatality at that intersection. The School District and Parks Department have posted sandwich board signs and the Police Department will continue to monitor the area. As growth continues, this, along with other safety issues, need to be addressed. In his opinion, the overhead blinking light would not be money well-spent and safety training needs to continue. In regards to the placement of a stop sign at the intersection, Chief Wright stated that an engineering study would need to be completed, however, recent speed checks by the machine show that speeds are not that far out of line and this particular area does have a high volume of traffic. He also commented on the Mayor's suggestion to expand school zone designations and stated that expanding the designations may end up diluting the need for a school zone in that many roadways will only be at 20 MPH. He agreed that if a crosswalk and light is installed, it may be a help but he did not feel that it would address the problem of slowing cars down in the area. Page 8 - Council Meeting Minutes, May 26, 1998 ... . -~ COUNCIL MEETING MINUTES MAY 26, 1998 TAPE READING Councilor Jennings stated that something needs to be done but does not know what the right answer is after reviewing the staff reports and hearing staff comments. He also questioned if the installation of a light would do more good than a stop sign. 2775 Director Tiwari stated that the Council needs to be cautious in placement of stop signs since enforcement is an issue after the stop sign has been installed. Councilor Jennings stated that safety is the issue in this case and, even though it may not be warranted under engineering standards, it may result in the saving of a youngster's life. Eventually, the Council will need to make a decision on how to handle this issue. Councilor Pugh expressed his appreciation to staff in their candidness on this subject because we can tend to overspend based on emotions. Director Westrick stated that educating children and parents on crossing at an intersection needs to be an on-going program since parents see crosswalks as a safe area. By next year, major improvements will be made to the Legion Park playground which will draw more children from the area to the park. Tape 2 Director Tiwari stated that another option which he has not fully explored but would be appropriate is a congestion sign to warn motorists that there is some activity in the area. In regards to a stop sign/red flashing light, he stated that the costs would be similar to the yellow flashing light. Councilor Figley expressed her opinion that the single most cost effective method is to educate the kids at the Center and educate their parents. Other options available do have a cost and may not be any more effective than the sandwich board signs currently in use. Councilor Pugh concurred with comments made by Councilor Figley. Councilor Hagenauer and Chadwick also agreed with pursuing the educational aspect at this time rather than installation of the yellow blinking light. 0163 Councilor Jennings stated that he was recently on Country Club Rd near the crosswalk area with the blinking light and an adult pedestrian crossing the street did not look either direction before crossing, therefore, it is just not kids who rely on the crosswalk and blinking light as a secure area. He felt that a 3-way stop sign may be the answer, however, he is willing to not take any action at this time and monitor the situation. Councilor Figley stated that she would like to hear from the Drop-In Center staff within the next 60 days. Chief Wright suggested that he continue with saturation patrol and public education, in partnership with the Parks Department, and report back to the Council in 60 days with the status oftraffic counts, speed, direction of travel, citations issued, etc., in order to better evaluate the problem. 0292 B) Citizen Traffic Complaint - Blain Street. Staff is currently working with the neighborhood and has put a priority assignment to this area to address the traffic concerns. Page 9 - Council Meeting Minutes, May 26, 1998 ,. ._ .,~....n.' ~ 11 1 .,--,--- COUNCIL MEETING MINUTES MAY 26, 1998 TAPE READING C) Selection of Consultant for Phase I of Hwy. 214 Environmental Assessment Process. Following the receipt of proposals, ODOT and City staff have agreed that the team of Kittleson & Assoc./CH2M Hill is the top choice. The City, ODOT, and the consultant will be negotiating a final scope of work and contract which will be submitted to the Council for approval at a future meeting. D) Recent case concerning Independent Contractor status. Attorney Shields stated that this case is being appealed but it is unknown if the Supreme Court is taking the case. If the case stands, our insurance coverage would extend to our independent contractors when they act as an agent of the City. Ultimately, insurance premiums will probably increase to reflect the increased exposure. 0300 MAYOR AND COUNCIL REPORTS. Councilor Figley suggested that the sidewalk by the City parking lot be repaired before someone gets hurt. Since property owners are required to fix sidewalks in front of their homes, the same standard should apply to City owned property. Councilor Jennings questioned if the City participated in Block house program. Chief Wright stated that the City had participated in this program for a short period of time. It was very expensive and, as budget cuts were necessary, it was not a viable program. The program involves criminal history checks and close monitoring. This program is very good but we are just not able to have it in place at this time. Mayor Kirksey commended Administrator Walton on his newsletter and she reiterated that one of the questions to ask Administrator candidates is to describe their writing and communication styles. 0372 EXECUTIVE SESSION. JENNINGSIFIGLEy.... adjourn to executive session under the authority of ORS I 92.660(1)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. The motion passed unanimously. Councilor Sifuentez arrrived at the meeting at 8:40 p.m.. The meeting adjourned to executive session at 8:40 p.m. and reconvened at 8:50 p.m.. No action was taken as a result of the executive session. Page 10 - Council Meeting Minutes, May 26, 1998 T ~-_._' II , .---- COUNCIL MEETING MINUTES MAY 26, 1998 TAPE READING 0380 ADJOURNMENT. JENNINGSIFIGLEY.... the meeting be adjourned. The motion passed unanimously. The meeting concluded at 8:51 p.m.. Nancy A. Kirk APPROVED ;"/1 . ' ATTEST ~) Mary nnant, Recorder City of Woodburn, Oregon Page 11 - Council Meeting Minutes, May 26, 1998 ---~"-......" " 1 -...."----