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Minutes - 08/24/1998 COUNCIL MEETING MINUTES August 24, 1998 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 24,1998. CONVENED. The meeting convened at 6:08 p.m. with Mayor Kirksey presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh S ifuentez Present Present Present Present (6:08 pm) Present (6:20 pm) Present Present Staff Present: City Administrator Walton, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Recreation & Park Director Westrick, Library Director Sprauer, Public Works Manager Rohman, Intern Administrative Asst. Smith, City Recorder Tennant 0015 EXECUTIVE SESSION. FIGLEY /PUGH... adjourn to executive session under the authority of ORS 192.660(1)( d) for the purpose of conducting deliberations with persons designated by the governing body to carry on labor negotiations. The motion passed unanimously. Attorney Shields declared a conflict of interest on one of the issues to be discussed in executive session, therefore, he could not represent the City on that particular issue. The Council adjourned to executive session at 6:11 p.m. and reconvened at 7:00 p.m.. 0062 MINUTES. JENNINGSIFIGLEY... approve the Council workshop minutes of July 27,1998, the regular and executive session minutes of August 3,1998, and the regular and executive session minutes of August 10, 1998; accept the Planning Commission minutes of July 9 and 23, 1998; and accept the Library Board minutes ofJuly 22, 1998. The motion passed unanimously. 0030 ANNOUNCEMENTS. A) Blue Grass Concert in Library Park: The Library is sponsoring this program which will be held on August 25, 1998 at 7:00 p.m.. Mayor Kirksey urged local residents to attend this free concert. Page I - Council Meeting Minutes, August 24, 1998 - COUNCIL MEETING MINUTES August 24,1998 TAPE READING B) Park Master Plan: The Recreation and Park Board will hold a workshop on September 8, 1998,7:00 p.m., at Woodburn City Hall. C) Library Hours: Beginning Sunday, September 13th, the Library will be open from I :00 p.m. to 3:00 p.m. and beginning on Monday, September 14th, the Library will be open each Monday from 10:00 a.m. to 6:00 p.m.. D) Introduction of Recreation Program Volunteer: Director Westrick introduced Rich Sanker who will be assisting the Recreation Department during fiscal year 1998-99. Mr. Sanker is a Jesuit Volunteer with a Master's degree in Education from St. Louis University. 0142 Mayor Kirksey stated that the Council had received copies of the Human Rights Commission report and meeting minutes in their agenda packet. 0157 Administrator Walton requested that general business items I I (G) and II(H) be added to the agenda. These items relate to contracts with Public Works Director Tiwari and City Attorney Shields which were discussed in executive session. Mayor Kirksey stated that these items would be added to the agenda. 0177 PUBLIC HEARING - E Z STOP GROCERY & DELI, 111 N. FRONT STREET. Mayor Kirksey declared the public hearing open at 7:05 p.m.. Police Chief Wright distributed copies of an activity sheet which listed police incidents at the Aquatic Center, Settlemier Park, and along Cleveland Street within 500 feet of the establishment. He stated that he had met with the applicant, Recreation & Park Director Westrick, Joan Garren representing Woodburn Together, and OLCC representative Salgado on August 7,1998. The issue of concern is the proximity of the establishment to Settlemier Park and the Aquatic Center. He briefly reviewed Oregon Administrative Rule (OAR) 845-05-025 addressing this issue and OLCC's position in interpreting this rule. He stated that the applicant, Mohammed Jaber, has no history of problems at his Woodburn or Dayton store and he has made written commitments which has been accepted by all involved parties. The establishment is located at III N. Front Street and is currently in operation. Excerpts from the OLCC Guide to Liquor Licensing for Local Governments were also distributed to the Council for their review. After reviewing the OLCC interpretations and following the meeting with the applicant and opponents of this license, he stated that his recommendation is to approve the new outlet package store license. This is based on the applicant's responsiveness to the opponents of the application and his review of the incidents in the area. Recreation & Parks Director Westrick concurred with the Chief in that the August 7th Page 2 - Council Meeting Minutes, August 24, 1998 -~.-. ..- '"""--"'-~~~'----'-~~--~---'-~.'-"'--~- . - COUNCIL MEETING MINUTES August 24,1998 TAPE READING meeting with the applicant was a cordial meeting of all parties. He stated that he had expressed the Board's concern that OLCC, by regulation, have concerns regarding alcohol dispensing within 500 feet. Both Settlemier Park and Library Park are within 500 feet of the new package store outlet and empty alcohol cans are found in those park areas. He felt that the commitments from Mr. Jaber are very positive. However, the department is trying to lure families back to Settlemier Park and the recent installation of new playground equipment is an example of one method being used to meet this challenge. He reiterated that this is an issue of sensitive nature and the Board felt that their concerns needed to be expressed to the Council. 0556 Mohammed Jaber, applicant, stated that he is willing to work with the City. He will not be displaying any alcohol signs nor will he sell 48-oz containers of alcohol. Joan Garren, President of Woodburn Together, expressed her opposition to the issuance of a license at that location. She agreed that it was a good meeting, however, the main concern is the proximity of the establishment to the parks. Mayor Kirksey declared the public hearing closed at 7:20 p.m.. Councilor Figley stated that she shared the concerns expressed by Woodburn Together and the Parks Department. Since she lives close to Settlemier Park, she has seen the behavior of some individuals who have consumed alcohol at the Park. She also realizes that Mr. Jaber is in a competitive business and there is nothing about that individual that would suggest that the application should be denied. In looking at the overall situation, she will be voting in favor of the application. Councilor Jennings stated that emotionally he would prefer to deny the application but, based on the criteria in the OLCC guidelines, there is nothing that would give cause to deny the application. Councilor Hagenauer stated that he felt that there was nothing in the law that would prohibit the applicant from obtaining the license. Councilor Sifuentez stated that she would vote against the application for personal and family reasons. However, she did appreciate the fact that the applicant has taken the initiative to work with the City on this issue. Councilor Chadwick questioned if there were any other establishments located within 500 feet of the park, and the answer was no. Councilor Pugh referred to OLCC regulations in that there must be evidence of adverse impact in order to deny. Secondly, he felt that the owner of establishment has shown a favorable attitude to work with the City and Woodburn Together. He also stated that people buy alcohol at other locations outside of the 500 foot proximity and bring it to the park for consumption. Therefore, alcohol at the park will happen just because it is a park. Page 3 - Council Meeting Minutes, August 24, 1998 COUNCIL MEETING MINUTES August 24, 1998 TAPE READING Mayor Kirksey stated that OLCC will do what they want to do on this application. In her opinion, adding another business to those already selling alcohol in the downtown area will be adding to an existing problem in this area. She reminded the Council that this is a package store license and customers will not be allowed to drink inside. She feels that more alcohol will be taken into the park since the business is so close to the park. She suggested that the Council consider a recommendation to deny the license even though OLCC may ultimately grant the license. JENNINGS/PUGH.... recommend to OLCC that they grant the package store liquor license to E Z Stop Grocery and Deli. The motion passed 4-2 with Councilor Sifuentez and Chadwick voting nay. 0909 SPECIAL HEARING ON MASTER FEE SCHEDULE. Council President Jennings stated that he felt that there are a lot of good proposals within the fee schedule and he suggested that additional time be given to the Council to review the proposal before making any final decision. Mayor Kirksey reiterated that she felt the towing fee should be raised to the actual cost incurred by the department since motorists who are not abiding by the law should pay the full cost to get their vehicle back. The current fee is $75 whereas the cost to the department is approximately $254. Police Chief Wright stated that agencies in Marion County (Salem, Keizer, Silverton) are charging $75 whereas Roseburg is charging $100 and Medford is charging $125. It is his understanding that there is no limit as to what the City can charge. The City Council had increased the fee from $15 to $75 in July ofthis year. His recommendation to impose the $75 fee was based on consistency with other agencies. Mayor Kirksey stated that she did not feel that the taxpayer should subsidize someone who is breaking the law. Discussion was held on how the costs were derived in having a vehicle towed. It was also noted that the City is not responsible for storage charges and the towing companies can attach a mechanic's lien for non-payment. Discussion was also held on the need to obtain more public input before fees are adjusted and it was suggested that a workshop be held. 1364 PUGHlFIGLEY... schedule a workshop on the proposed fee schedule. Discussion was held on a date to hold the workshop along with different methods of getting the information out to the public. It was also noted that the longer the Council waits to hold the workshop, the more revenue that is lost especially in the planning area. Mayor Kirksey reminded the Council that, once approved, the fees could still be changed. Councilor Jennings questioned ifthe rental fees for the Community Center are set at a level in which the City is not losing money. Director Westrick stated that the fees have been set so as to recover all operational costs. Page 4 - Council Meeting Minutes, August 24, 1998 COUNCIL MEETING MINUTES August 24,1998 TAPE READING Mayor Kirksey suggested there be team building and goal setting workshops soon after the first of the year and, at that time, revisit the master fee schedule. 1696 PUGHlFIGLEY.... amend motion to accept the Master Fee schedule as presented. Mayor Kirksey stated that she would like to see the uninsured vehicle fee increased. JENNNGSIHAGENAUER... amend the original motion that the uninsured motorist be changed to $150.00. The motion to amend passed unanimously. The motion as amended passed unanimously. 1755 COUNCIL BILL 1922 - RESOLUTION ENTERING INTO AN AGREEMENT WITH SALEM AREA TRANSIT FOR 1998-99 ANNUAL OPERATING ASSISTANCE FUNDS. Councilor Hagenauer introduced Council Bill 1922. 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 Council Bill 1922 duly passed. 1792 COUNCIL BILL 1923 - RESOLUTION ENTERING INTO A ENGINEERING CONSULTANT SERVICES CONTRACT WITH CRANE & MERSETH RELATED TO VANDERBECK ROAD PUMP STATION. Council Bill 1923 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 the Council Bill 1923 duly passed. 1830 COUNCIL BILL 1924 - RESOLUTION ENTERING INTO A SOFTWARE LICENSE AND USE AGREEMENT WITH EDEN SYSTEMS FOR PAYROLL PROGRAM. Council Bill 1924 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 1924 duly passed. 1857 1998-99 CCRLS INTERGOVERNMENTAL AGREEMENT CONTRACT AMENDMENT. Staff recommended that the amendment be signed for continuation of the City's participation in the Chemeketa Cooperative Regional Library Service (CCRLS). JENNINGS/FIGLEy.... Mayor be authorized to sign the CCRLS contract amendment. The motion passed unanimously. Page 5 - Council Meeting Minutes, August 24, 1998 " .__._,_,___......~..,<.__,~_____~'____.__...".~"._.....,_.__'....o.._._.._...._ .. ..~ COUNCIL MEETING MINUTES August 24, 1998 TAPE READING 1876 AUTHORIZATION TO CONDUCT DOOR-TO-DOOR SOLICITATION ON BEHALF OF THE HUMANE SOCIETY. Barbara Carmon, 50 I Marshall Street, submitted a letter to the Council requesting that authorization be given for the armual door-to-door solicitation on behalf of the Humane Society of the Willamette Valley's Save the Felines program. She also requested that permit fees be waived for this fundraiser. The solicitation will be held between September I and October 10,1998. JENNNGSIFIGLEY.... authorize the door-to-door solicitation and waive the permit fees. The motion passed unanimously. 1895 BID #99-02 --- CONTRACT AWARD FOR POPLAR PLANTATION IRRIGATION SYSTEM. Bids for installation of the irrigation system were received from the following contractors: Valley Excavation, $638,309.39; Muffett & Sons, $639,221.77; R & G Excavating, $748,393.45; Loy Clark Pipline, $960,964.00; and Stanley Contracting, $1,107,472.66. Staffrecommended that the low bid be accepted which is 1.9% over the engineer's estimate of $626,200. JENNINGS/PUGH.... award contract for the Poplar Tree Plantation Irrigation System to the low bidder, Valley Excavation, in the amount of$638,309.39. The motion passed unanimously. 1910 AGREEMENT WITH FRANK TIWARI REGARDING PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) INTEGRATION. JENNINGSIFIGLEY.... adopt the agreement with Frank Tiwari concerning his PERS integration. The motion passed unanimously. 1946 AGREEMENT WITH N. ROBERT SHIELDS REGARDING PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) INTEGRATION. JENNINGS/pUGH...approve the agreement relating to City Attorney Robert Shield's proposed integration to PERS. Attorney Shields declared that he is the Attorney for the Mayor and Council and that he has a pecuniary conflict of interest on this matter, therefore, he carmot give the Council any legal advice. On roll call vote, the motion passed unanimously. 1975 CLAIMS FOR THE MONTH OF JULY 1998. SIFUENTEZ/PUGH... approve claims #41758 - 42341 issued for the month of July 1998. The motion passed unanimously. Page 6 - Council Meeting Minutes, August 24, 1998 TO. "_"~._d.".~_.._ ,...~.._.4.~_~~.~ '_'''_.".__.~_~...._.~~.....___..,.... ___._._ - COUNCIL MEETING MINUTES August 24, 1998 TAPE READING 1991 SITE ACTION PLANS. A) SP R 98-12 - Woodburn Eagles Addition: The Planning Commission acknowledged the administrative approval of the expansion of the lodge located at 371 S. Pacific Highway. The Council took no action on this site plan action. 2002 STAFF REPORTS. A) Housing Rehabilitation Report: An interim report was provided to the Council updating them on the status of the current program in which funding is available through 1999. B) Fence Heights in Front Yards: Councilor Figley stated that she did not object to a permit process for fences but she did not agree with having regulations which are cumbersome and hypocritical. Many fences are slightly over the current 30" height standard and do not create any problems. Commonly available fence stock comes in 36" height and suggested that the rules be reviewed to see if they can changed to make them more reasonable for the majority of cases that are not a problem and maintain the staff discretion for the site line. Councilor Pugh questioned if city code overrule any legally filed CC & R's which govern specific neighborhoods. Attorney Shields stated that the CC & R's (Covenants, Conditions, & Restrictions) could be more restrictive than the City's standard and, if the city standard is more restrictive than the CC & R's, it governs over CC & R's on private property. Councilor Jennings expressed his opinion that the ordinance is not consistent in that a fence is limited to 30 inches while arborvitae can be 10 feet high right along the fence line. He is also concerned about the chain link fence height and slats in the link fence. He suggested that the ordinance be reviewed and updated to meet current changes provided that it is not a safety item. He also felt that there has been some selective enforcement of this ordinance. In addition, plants/trees should not be allowed to grow up and block the vision when you are not allowed to have a fence in the same area. Administrator Walton suggested that the ordinance be reviewed by the Planning Commission. Councilor Pugh stated that more thought is needed on this issue. He also stated that a 30" fence is quite low in many cases where residents have dogs and the fence is expected to keep the dog into the yard. Mayor Kirksey expressed her concerns since the ordinance does include hedges and she feels that it has been selectively enforced since many areas have hedges exceeding the height limitation. Director Goeckritz stated that staff has been remissed in going out to homeowners to require them to cut back there hedges. In regards to the Harrison Street issue, they did Page 7 - Council Meeting Minutes, August 24, 1998 'T"" ,---~._. "..".~-"--.. . COUNCIL MEETING MINUTES August 24, 1998 TAPE READING give the owner a permit but the owner did not secure a building permit. This is necessary for sight visibility on corners. He stated that he has talked to the owner and staff is working with him on this issue. He agreed that this process looks selective, however, many times there are just individuals going out to build fences without obtaining a permit. He stated that he does have reservations in changing the height level of fences due to visibility issues. Further discussion was held on the provisions of the current ordinance and wording changes that may be necessary to correct the problem. Councilor Jennings also stated that the unwritten policies need to be reviewed since the public perceives it to be selective. It was the consensus of the Council to forward this ordinance to the Planning Commission for review. 2611 C) Building Activity Reportfor June and July 1998 D) Draft Resolution for Maintenance of Trees in the Public Right-of-Way E) Chamber Directory Ad: It was the consensus of the Council not to place a separate advertisement in the directory. 2655 ADMINISTRATOR'S REPORT. Administrator Walton stated that he has completed his projects and will not be in the office over the next 3 weeks unless he is needed. He expressed his appreciation to the Council and stated that he had enjoyed his tenure as interim Administrator. He will be back one day after Administrator Brown arrives to go over certain issues. 2717 MAYOR AND COUNCIL REPORTS. Councilor Figley stated that she would miss Administrator Walton since he has been a lot of fun to work with. She also thanked the Woodburn Fire District and volunteers who worked on the Settlemier Park playground equipment on Saturday. She stated that it was a very involved project to put the equipment in place but it is a very worthwhile addition and is an example of what people in Woodburn are willing to do but do not get credit for. She also stated that she would not be at the next regular meeting, however, the Council will be asked to vote on a contract award for the first phase of Centennial Park. She stated that the project was put together in such a way so that the work that needs to be done quickly will get completed before the heavy rains start. She reminded the public that a list has been formulated of items that can be donated towards this project. Councilor Jennings expressed his appreciation to Administrator Walton for his work during this interim period. He also stated that on August 29th, there will be a brand new naval destroyer being commissioned in Portland and his grandson is a sailor on this ship. Page 8 - Council Meeting Minutes, August 24, 1998 r ^ "._,.."'~_,...___.,._, ._v__.___. ....__"._~__~__ 11 ~ COUNCIL MEETING MINUTES August 24,1998 TAPE READING He encouraged interested citizens to go up to WaterFront Park in Portland to tour the destroyer. This is the first time a ship has been commissioned in Oregon. Councilor Sifuentez thanked the Public Works Director for the work done on Lincoln Street, however, the traffic seems to have increased along with the speed of the motorists. Councilor Chadwick also thanked Administrator Walton for his work. She also slated that the park benches and tables at Senior Estates Park have been painted and look very good, however, the benches on the east side need to be painted. Councilor Pugh thanked the person who is operating the camera for our community access channel. He also expressed his concern that there has been a lack of coverage on Council meetings from the Woodburn Independent and he requested the local reporter to pressure the Editor to put more emphasis on Council publicity so that information is disseminated to the public. Councilor Jennings questioned what paint marks have been placed on Filbert Street now that the street has been recently resurfaced. Director Tiwari stated that pavement cuts are not allowed for 5 years after resurfacing. The marks on the pavement are in a couple of areas in which there have been puddles and they are going to go behind the curb to correct the drainage. Councilor Jennings stated that he has recently observed roller blading in Johnson Addition. Chief Wright reminded the public that, within the last 120 days, the Council passed an ordinance that prohibiting roller blading on streets and sidewalks. Mayor Kirksey stated that the new Administrator, John Brown, has signed and returned his contract and he will be starting work on September 14th. She slated that Lee Walton will be missed for his great writing skills and wonderful sense of humor. The City was very fortunate to have him over the last six months. 3212 EXECUTIVE SESSION. FIGLEY {JENNINGS.... go into executive session under the authority of ORS 192.660(1 )(i) to evaluate employment related performance ofthe City Attorney. The motion passed unanimously. The Council adjourned to executive session at 8:25 p.m. and reconvened at 8:32 p.m.. Following the executive session, JENNINGSIFIGLEY... adopt Addendum B to the employment agreement with City Attorney N. Robert Shields and he be given the alternative of 6% option or the same contribution towards his retirement or deferred compensation plan. Page 9 - Council Meeting Minutes, August 24, 1998 .,....._ .___. .,._~,._,., "_."H_"_".._.,_~_ - COUNCIL MEETING MINUTES August 24,1998 TAPE READING Attorney Shields stated that he did have a conflict of interest on this matter since he had a pecuniary interest and informed the Council that he could not give them any advice on this issue. Mayor Kirksey stated, for the record, that the City Attorney did not say anything in the executive session. The motion passed unanimously. 3225 ADJOURNMENT. JENNINGS/FIGLEy.... meeting be adjourned. The meeting adjourned at 8:35 p.m.. APPROVED '---7 .' NANCY A. --'-' ATTEST t!2 /(/ ., ~ {~~,*- Mary Te ant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, August 24, 1998 ... ,._~"._.. "_'~. ..___,._,_.J_'~.~" ..__,,__.."'........_...... - ._~