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Minutes - 07/13/1998 COUNCIL MEETING MINUTES JULY 13, 1998 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 13, 1998. CONVENED. The Council met in regular session at 7:00 p.m. with Council President Jennings presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Absent Present Present Absent 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, Recreation & Park Director Westrick, Library Director Sprauer, Public Works Manager Rohman, Intern Administrative Asst. Smith, City Recorder Tennant Council President Jennings informed the public that Mayor Kirksey was out of town, therefore, unable to attend this meeting. 0024 MINUTES. FIGLEYIPUGH.... approve the regular and executive session Council minutes of June 22, 1998; accept the Planning Commission minutes of June 11 & 25,1998, and the Library Board minutes of June 24, 1998. The motion passed unanimously. 0035 PRESENTATION - MARION COUNTY JUVENILE CRIME PREVENTION PROGRAM FOLLOW-UP REPORT. Marion County Commissioner Randy Franke expressed his appreciation to the Council for allowing them to continue the dialogue on the issue of juvenile justice and what the County needs to do to build a comprehensive community response on juvenile crime/violence as well as the needs of children and families. He swnmarized the County's efforts to try and obtain funding for a new juvenile center which initially lost by 700 votes but, on resubmittaI of a bond measure at a lesser value, it lost by over 7,000 votes. County officials then held a series of forums throughout the County to obtain Page I - Council Meeting Minutes, July 13, 1998 - . COUNCIL MEETING MINUTES JULY 13, 1998 TAPE READING comments from the citizens. A forum was held in Woodburn and the report includes comments from these individuals as well as comments made by residents in other parts of Marion County on juvenile crime. He distributed copies of the report to the Council and staff. He expressed his hope that their interaction with county residents will build a comprehensive response to problems in this area. Larry Oglesby, Director of the County's Juvenile Department, reviewed the report which provided information on the community meetings, results of the forum held in Woodburn, and a comprehensive list of preventative programs currently in place within Marion County. He stated that the County is currently operating a juvenile facility that was built in 1962 and has 18 rooms and, with the trend of increasing population and types of juvenile crimes, the need has outgrown the present facilities and the County is looking at various ways of fulfilling the needs ofthe County while trying to keep down the cost to the taxpayers. Another funding method they are exploring is a local option tax to pay for operating costs for any expanded facility. It is anticipated that measures will be on the ballot next spring. He stated that many respondents felt that the County should be focusing on prevention, parent accountability, treatment resources, consequences for illegal behavior, and effectiveness and efficiency. The participants also focused on local prevention and intervention which involves the County, local governments, schools, and organizations. The report also listed a number of programs currently in place in Marion County aimed at youth either involved in criminal activities or at risk of becoming involved in the juvenile system. Councilor Sifuentez expressed her opinion that more educational flyers need to be distributed to help parents who need help when their child is either at risk or already in the criminal juvenile system. Commissioner Franke stated that the County is looking at moving some their departments to the surrounding communities, of which Woodburn is one community that they would like to consolidate the services to make information more accessible to parents. He stated that the County is also pleased with the work being done by Woodburn Together. Councilor Pugh suggested that focus not only be on the accountability of parents but on the public's support of parents in their challenge to raise their children. 0585 ANNOUNCEMENTS. A) Groundbreaking ceremonies for the new playground equipment at Settlemier Park will be held on Tuesday, July 14'" 6:00 p.m., at the Park's playground site. B) Groundbreaking ceremonies for Centennial Park will be held on Tuesday, August 4'" 6:00 p.m., at Centennial Park. Councilor Figley stated that the committee is preparing a list for interested citizens to sign-up to help on projects involving volunteer labor and a list of items or Page 2 - Council Meeting Minutes, July 13, 1998 or-- ..~_~4.__ .. , COUNCIL MEETING MINUTES JULY 13, 1998 TAPE READING C) Groundbreaking ceremonies at the Glatt House will be held on Wednesday, July 151\ at 10:30 a.m.. The Councilors were urged to attend these groundbreaking ceremonies. 0656 PROCLAMATION - RECREATION AND PARKS MONTH. Council President Jennings read the Mayor's proclamation declaring the month of July 1998 as Recreation and Parks Month within the City. 0714 CHAMBER OF COMMERCE REPORT. Patrick Vance, representing the Chamber Board, underscored announcements made earlier in the meeting by Council President Jennings. He also reminded the public that the Woodburn Crossing (formerly Fairway Plaza) merchants are sponsoring a concert at Woodburn Crossing on Wednesday, July 15th, featuring pianist Tom Grant. This concert will be held between 6:00 pm and 8:00 pm. Also, the Hubbard Hop Festival will be held on Saturday, July 181h. He also reported that during the month of June 1998, the Chamber had 550 visitors and received 580 telephone calls asking about the Woodburn area. 0770 FOURTH OF JULY COMMITTEE REPORT. Dallas Figley, committee member, suggested that the City should consider presenting Larry Krieghauser, Don Eubank, and Vee Ott with some type of recognition for all of their volunteer hours in organizing the Fourth of July program and fireworks display. Council President Jennings stated that city employees Don Eubank and Vee Ott organize their portions of this program on their own time and no city time is involved. 0917 COMMUNICATIONS - PETITION FROM RESIDENTS REGARDING TRANSIENT BUSINESS ALONG WILLIAMS AVENUE. Administrator Walton read the petition requesting Council consideration to remove a certain transient occupant business parked on the property located at the comer ofHwy. 99E and the south side of Williams Avenue. Council President Jennings stated that he had spoken to the Brusven's (one of the signers on the petition) who informed him that patrons ofthis business continue to litter on neighboring properties, urinate on fences and in landscaped areas, and defecate in the orchard which, all combined, make this area a health hazard. He stated that the Brusven's had no complaints about the Police Department and he did suggest that they work with the Police to start a Neighborhood Watch program. He had also discussed this with Mayor Kirksey who has indicated to him that she will be appointing a task force look into an ordinance regulating transient businesses. Members of the task force would include business representatives from the Chamber, Hispanic, Russian, and Anglo communities Page 3 - Council Meeting Minutes, July 13, 1998 - - COUNCIL MEETING MINUTES JULY 13, 1998 TAPE READING plus a representative from the community at-large. Councilor Pugh questioned if the Council had already taken some action on transient businesses. Attorney Shields stated that the City does have certain regulations in place, however, no new ordinance was adopted last year when this issue was addressed by the Mayor. Council President Jennings stated that he wanted to assure the residents who signed the petition that some action would be taken by the Council after the Mayor returns. Vema Bacon, 1031 Williams, stated that the neighborhood has been experiencing this problem for over a year. She was told by a Health Dept. representative today that the people who lease the property are supposed to have toilet facilities for their patrons. The mobile food truck stays at that location for long periods of time. She also stated that patrons of the business block her driveway. 1240 PUBLIC HEARING - WOODBURN FACTORY STORES. Council President Jennings stated that this hearing had been noticed for this Council meeting, however, the Planning Commission has not completed their final order as of yet and it is anticipated that it will be completed by the next regular Council meeting. Attorney Shields requested that the Council open the hearing and immediately following the opening, by motion, continue the hearing to the next regular Council meeting. Council President Jennings opened the public hearing at 7:43 p.m.. FIGLEYIPUGH... continue the public hearing on the Woodburn Factory Stores to the next regular Council meeting. The motion passed unanimously. 1368 COUNCIL BILL NO. 1910 - RESOLUTION REAPPOINTING LELAND WALTON AS ADMINISTRATOR PRO TEM. Council Bill 1910 was introduced by Councilor Pugh. 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. Council President Jennings declared the bill duly passed. 1420 COUNCIL BILL 1911- RESOLUTION ENTERING INTO A CONTRACT WITH MARION COUNTY FOR FUNDING FOR THE WOODBURN DROP-IN CENTER. Council Bill 1911 was introduced by Councilor Pugh. 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. Council President Jennings declared the bill duly passed. , Page 4 - Council Meeting Minutes, July 13, 1998 .,_.,----- 11 COUNCIL MEETING MINUTES JULY 13, 1998 TAPE READING 1457 COUNCIL BILL 1912 - RESOLUTION ACCEPTING JURISDICTION OF A PORTION OF ARNEY ROAD. Councilor Pugh introduced Council Bill 1912. Recorder Tennant read the bill by title only since there were no objections from the Council. Administrator Walton stated that the property in question is currently outside of the city limits, however, if the County agrees to give the City jurisdiction over this property, then the owners of Woodburn Factory Stores development will be able to work directly with the City on the vacation and rededication of property relating to the relocation of Arney Road. Councilor Figley stated that this roadway is in Marion County and, as the development proceeds, they would have to go to the Marion County Commissioners to have to it vacated. Ifit becomes part of the Woodburn city street system, along with being annexed to the City, then the Council has control over the street as the planning process proceeds. On roll call vote for final passage, the bill passed unanimously. Council President Jennings declared Council Bill 1912 duly passed. 1560 COUNCIL BILL 1913 - ORDINANCE AMENDING ORDINANCE 2057 (TRANSIENT OCCUPANCY TAX ORDINANCE) RELATING TO DISPOSITION OF TAX FUNDS. Council Bill 1913 was introduced by Councilor Pugh. The two readings of the bill were read by title only since there were no objections from the Council. Council President Jennings stated that this bill would remove the $4,000 limitation in the transient occupancy tax ordinance since the Council has changed the amount of dollars the Chamber will receive during fiscal year 1998-99 based on the Budget Committee recommendation. On roll call vote for final passage, the bill passed unanimously. Council President Jennings declared Council Bill 1913 duly passed with the emergency clause. 1631 COUNCIL BILL 1914 - ORDINANCE DENYING APPLICATIONS FOR A COMPREHENSIVE PLAN MAP AMENDMENT. A ZONE CHANGE. AND A SITE PLAN REVIEW ON PROPERTY LOCATED AT 1820 E. HARDCASTLE. Councilor Pugh introduced Council Bill 1914. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Council President Jennings stated that the Council held a public hearing on this issue at the last regular meeting and, following the hearing, passed a motion to support the decision of the Planning Commission. On roll call vote for final passage, Council Bill 1914 passed unanimously. Council President Jennings declared the bill duly passed with the emergency clause. Page 5 - Council Meeting Minutes, July 13, 1998 T-" .,.-. ---'-...". 11 1 COUNCIL MEETING MINUTES JULY 13, 1998 TAPE READING 1915 COUNCIL BILL 1915 - RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 16467 WITH THE STATE FOR TRANSIT SERVICE FINANCIAL ASSISTANCE. Councilor Pugh introduced Council Bill 1915. 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. Council President Jennings declared Council Bill 1915 duly passed. 1716 BID AWARD #98-13 - PURCHASE OF NEW SELF-PROPELLED MOWING UNIT. Bids for a new self-propelled mowing unit for the Parks Department were received from the following vendors: Western Power & Equipment, $66,490; and Farwest Equipment, $59,990. Staff recommended the acceptance of the low bid. FIGLEYIPUGH.... award bid #98-13 to Farwest Equipment in the amount of$59,990 for the purchase of a new self-propelled mowing unit. The motion passed unanimously. 1738 FINAL SETTLEMENT OF MAR-DENE V. JENSENS AND THE CITY OF WOODBURN, Council President Jennings stated that the original complaint was for $500,000, however, the City has settled this issue in the amount of $12,500. FIGLEYIPUGH.... ratify the settlement of Mar-Dene v. Jensens and the City of Woodburn as previously authorized. Councilor Pugh stated that the City admitted no liability and access in this area will be greatly improved. This action is a commonsense way to save the taxpayer money. The motion passed unanimously. 1812 BID AWARD #98-12 - SELF-PROPELLED TURF SWEEPER. The only bid received for a new self-propelled turf sweeper was submitted by Farwest Equipment in the amount of $16,950. Since this bid met the bidding specifications, staff recommended that the bid be awarded to this firm. FIGLEYIPUGH... award bid #98-12 to Farwest Equipment in the amount of$16,950 for a new self-propelled turf sweeper. The motion passed unanimously. 1838 ANNUAL CITY ATTORNEY EVALUATION. Included in the agenda packet was an employee evaluation form which supervisors currently use for all other city employees. Council President Jennings questioned Attorney Shields ifhe wanted the results of the evaluation discussed in open or executive sessIOn. Attorney Shields stated that he did not object to an open session if that is what the Council felt was appropriate. Page 6 - Council Meeting Minutes, July 13, 1998 .... 'I COUNCIL MEETING MINUTES JULY 13, 1998 TAPE READING Based on comments from the Council on this issue, it was decided to include this item on the next regular agenda for open discussion. 1926 FIESTA SPECIAL EVENT PERMIT TO USE LEGION PARK. Park & Recreation Director Westrick stated that the City had proposed a $2,500 deposit to cover costs of repairs if that should become necessary. However, based on prior experience, staff is agreeable to reduce the deposit to $1,250. Administrator Walton also stated that a sound permit had been requested by the organizers and he requested that the Council approve the permit for Thursday, 6:00 pm to 10:00 p.m, and Friday, Saturday, and Sunday from 10:00 am to 11:00 pm FIGLEy/SIFUENTEZ..... authorize the Recreation and Park Director to sign the Special Event Park Use Permit with the amended deposit as recommended by staff, and authorize a sound permit per the standard applied to the Fiesta in previous years. The motion passed unanimously. 2006 APPROVAL OF FULL-TIME CODE ENFORCEMENT OFFICER. Administrator Walton stated that this issue had been discussed during the budget process since staff felt that we were falling behind and extra help is needed to get the work done. Chief Wright reminded the Council that one of their goals is the livability of Woodburn. With the growth over the last three years, it is becoming more of a priority. Adding a second Code Enforcement Officer will be an improvement, however, the full-time position was not included in the budget appropriations and it will be a liability on next year's budget process. In his opinion, it is a community and Council issue, and it can be accomplished this year through the attrition of police officers in that we have not been able to retain experienced police officers over the last year since they have decided to accept positions in larger agencies. FIGLEY /PUGH... approve one additional full-time code enforcement officer position. The motion passed unanimously. Council President Jennings stated that one of the pet peeves within the community are all of the off-site signs which eventually become ordinance violations when they are not properly placed or taken down in a timely manner. Councilor Pugh stated that realtors have a bad habit of putting up directional signs and then forgetting to pick them up. When the signs are picked up, it makes the neighborhood look much nicer. 2230 LIOUOR LICENSE APPLICATION - 1-5 FITNESS CENTER AND DELI. A new outlet restaurant license was submitted by Steven Wondra for his new business located at 986 Evergreen Road. The staff report from Chief Wright recommended approval of the application. Page 7 - Council Meeting Minutes, July 13, 1998 - . " COUNCIL MEETING MINUTES JULY 13, 1998 TAPE READING PUGHlFIGLEY.... approve the liquor license application for the 1-5 Fitness Center & Deli. Councilor Figley stated that she was opposed to the license without first holding a public hearing since this business is very close to a condominium and the concerns of those residents should be heard. Councilor Sifuentez also feels that a public hearing should be held before a final recommendation is made to OLCC. Councilor Pugh stated that he appreciated the concerns of the nearby residents, however, no law has been broken to date and the Chief is recommending approval. Police Chief Wright stated that the location of the business is properly zoned. In this case, he was remiss in not scheduling a joint meeting of the business owner and residents or representatives of the Panor 360 condominium to work out concerns. He stated that there is a concrete wall between the business and Panor 360 which would provide a partial sound barrier. The intent of the business owner is to serve alcohol with his sandwiches and he does not plan on catering to a crowd. There are video games at the business and he encourages parents to stay with their children rather than leaving them there unattended. Councilor Figley stated that if a meeting was set-up between Mr. Wondra and the Panor 360 residents, she was willing to attend the meeting. On roll call vote, the motion passed 3-2 with Councilors Figley and Sifuentez voting nay. Council President Jennings suggested that the meeting still be held with the involved parties within the near future. 2646 CONTRACT AWARD - JOHNSON ADDITION OVERLAY PROJECT. Bids for overlaying various streets in Johnson Addition (Johnson, Bryan, Marion, Joyce, and Filbert Streets) were received from the following contractors: North Santiam Paving, $42.785.55; Morse Bros., $43,996.20; and D&D Paving, $52,260.90. The engineer's estimate for this project was $50,863.75. FIGLEY/PUGH... award the construction contract to the low bidder, North Santiam Paving Co., for the Johnson Addition Asphaltic Concrete Overlay Project in the amount of$42,785.55. Council President Jennings stated that the modified 3/4" thick resurfacing method will extend the dollars available to repair streets that are in fair condition. It was noted that this area was last resurfaced in 1961. Councilor Pugh stated that there continues to be streets within the City that are in very poor condition and, overall, the condition of city streets are going down since available dollars do not meet the existing needs and repairs will eventually cost the taxpayer and/or users. The motion passed unanimously. Page 8 - Council Meeting Minutes, July 13, 1998 I ~-- 11 COUNCIL MEETING MINUTES JULY 13, 1998 TAPE READING 2780 STAFF REPORTS. The following staff reports were included in this agenda packet: A) Appeal of sign ordinance interpretation to Court of Appeals; B) Insurance coverage for fiscal year I 998-99; C) Sidewalk issue and LID process for Hardcastle St. improvement; D) Summer water use information; E) Recreation & Parks office options; and F) Status of Lawosn Ave. modification to right-in-right-out traffic flow. Councilor Figley expressed her opinion that there are a number of positive things happening at Settlemier Park one of which is the placement of a portable office/activity center to house the parks administrative offices. Councilor Pugh expressed his support for the right-in-right-out traffic flow on Lawson Ave. at the Highway 214 intersection. The primary reason for this change is motorist safety. Councilor Sifuentez questioned if water restrictions are currently in place. Public Works Director Tiwari stated that the water rates are the same as they have been over the last 15 years while sewer rates increased about 4 years ago. He assured the public that there is plenty of water for domestic use but, during the hot weather periods, consumers need to conserve water whenever possible to insure a sufficient water level for fire safety. He suggested that lawns be watered in the early morning or very late evening hours (after 9:30 pm). Council President Jennings stated that the LID process was included in the packet and staff will be doing preliminary survey and costs estimates after the peak summer construction season. In regards to the Park & Recreation office, the Request for Proposal is being developed and it is hoped that the new facility will be available by the end of November. Council President Jennings briefly commented on the right-in-right-out traffic flow report and requested that a "No Trucks" sign be placed on Lawson Ave. since trucks are supposed to use Evergreen Road. ODOT has no objections to this traffic flow and it is hoped that the ordinance or resolution will be part of the next Council agenda. He also stated that Mindy Smith, owner of McDonald's, will be putting signs in her lot directing motorists to exit from Evergreen and he commended her for her willingness to work with the City on this issue. Tape 2 0046 MAYOR AND COUNCIL REPORTS. Councilor Figley briefly commented on the amount of volunteer time some of our city employees put in on the Fourth of July celebration. In particular, Don Eubank and Vee Page 9 - Council Meeting Minutes, July 13, 1998 ..,-.... ..._._~,-~.~...-~ ~-,....,..,..".-........ ._-._-"'_.._.._-'-,~~". .. . COUNCIL MEETING MINUTES JULY 13, 1998 TAPE READING Ott put in countless hours year after year in coordinating a quality event. Not only elected officials participate, but a nurnber city employees help by volunteering their time to help with the games or the concession stand. Council President Jennings stated that everybody seemed to have a good time at the event and volunteers make this type of activity happen in the community. Councilor Sifuentez reiterated that volunteering is very rewarding and it is a means of giving something back to your community. She also expressed her thanks to the Public Works Department for putting in the stripes on the pavement by Roth's IGA. Councilor Chadwick thanked the City for flowers, and for the many calls and cards that she received following the recent death of her husband. 0124 ADJOURNMENT. FIGLEY/PUGH... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:32 p.m.. L/ .., APPROVED/d--v NANCY A. ATTEST Il~-r::~ Mary T e ant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, July 13, 1998 'T""'"' -