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Minutes - 08/10/1998 COUNCIL MEETING MINUTES August 10, 1998 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 10, 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 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 0022 MINUTES. JENNINGS/FIGLEY... approve the Council minutes ofJuly 27, 1998. The motion passed unanimously. 0030 ANNOUNCEMENTS. A) FlUNG PERIODS FOR MAYOR AND COUNClLPOSlTlONS: The deadline for filing nomination petitions for the positions of Mayor, Councilor Ward III, Councilor Ward IV, or Councilor Ward V is Monday, August 24th, 5:00 p.m.. APPOINTMENTS. Mayor Kirksey appointed Scott Summers to the Human Rights Commission. Mr. Summers is the pastor of the Immanuel Lutheran Church in Woodburn and the Commission recommended that he be appointed as a member of this Commission. JENNINGS/FIGLEY.... appointment of Scott Summers to the Human Rights Commission be approved. The motion passed unanimously. Page 1 - Council Meeting Minutes, August 10, 1998 --.. .---.-" - -.-.....'.-."--' .._---,~,"-~._.._----"_._--~~.~._..-.__...~ "11' COUNCIL MEETING MINUTES August 10, 1998 TAPE READING 0053 Mayor Kirksey stated that she, along with the Councilors, had received a letter but it was too late to include it on the agenda. 0062 CHAMBER OF COMMERCE REPORT. Jane Kanz, Executive Director of the Woodburn Area Chamber of Commerce, invited the Council to their Business After Hours event which will be held on Thursday, August 13th, at Ironwood Homes by Centex located along the Tukwila golf course. As a part of the annual Chamber Golf Tournament, she presented the traveling Chamber Chump Award to the Woodburn Recreation & Parks team who ended up with the highest score. Park Director Randy Westrick and Police Chief Wright were present to accept this traveling award. 0124 Michael Thompson, 1328 Mar Cel Drive, stated thatthe Mar CeI Lynn Neighborhood Watch group was formed in an effort to work towards keeping their neighborhood safe. In more recent times, they have experienced a high rate of vandalism, traffic problems, and loitering in their neighborhood. They have not had a good experience in getting the police department to respond to their calls in a timely manner. He stated that the neighborhood watch group encompasses the area of Mar Cel Drive, Mar Cel Court, Tierra Lynn Drive, and Tierra Lynn Court. He stated that there are no street lights on Mar Cel Court and one street light on Mar Cel Drive that regularly malfunctions. He also reviewed the traffic problems which include speeding and the lack of stop signs at designated intersections. Bill Kinman, 1250 Mar CeI Drive, also stated that they have a petition signed by 36 members of the neighborhood representing 21 ofthe 25 families in the neighborhood watch group area. Mr. Thompson reviewed their requests which included the placement of a stop signs on the right side of Mar Cel Drive at the Tierra Lynn intersection making this a 3-way stop intersection, placement of street lights on Mar Cel Court and Tierra Lynn Court, sign at the entrance to Mar CeI Drive to let motorists know that it is not a through street, block vacant area off between Mar CeI Drive and Hardcastle to limit access of people into this area who are using it as a shortcut, and posting of two 25 MPH speed zone signs. He expressed his appreciation to the Council is listening to their concerns and hoped that they would support their requests. Mayor Kirksey stated that she had taken the Police Chief to their neighborhood on National Night Out. She suggested that they contact her as to the next Neighborhood Watch meeting and she will pass on the information to the Councilors so that they may attend this meeting if they so wish. Administrator Walton stated that someone from the staffwill be in contact with them as soon as possible. 0373 Tom Waggoner, 849 W. Woodland, reported that the installation of the irrigation system has been completed and he thanked the stafffortheir assistance with this project. It took 53 man- Page 2 - Council Meeting Minutes, August la, 1998 .,.'~- '''_.-. ..~"-'..,..'-~. ,. -~.._~~_.._._-~~_.~..,,~_.,_._"._-, ml J , COUNCIL MEETING MINUTES August 10, 1998 TAPE READING hours to complete the project at a lesser cost than originally anticipated. He would also like to have 3 or 4 loads of clean fill dirt brought to the median when it becomes available. He also questioned the time in which Burlingham Park was to close since there are no signs posted to state the park closing time. Director Westrick stated that the Park closes at dark. Mr. Waggoner stated that there are young people who are routinely at the park until midnight. He and his wife often pickup cans and trash in the park in order to keep it clean, however, he did not appreciate picking up beer cans and bottles left by others especially when alcohol is not allowed in the park. He hoped that the City would install signs to show park hours and have more police patrol during the evening hours. He did state that he had called the police in the past and does get timely response but often times the people are gone by the time the officer arrives. 0461 JENNINGS/PUGH.... suspend the rules and go into executive session now rather than atthe end of the agenda. The motion passed unanimously. JENNINGS/PUGH.... adjourn into executive session under the authority of ORS 192.660(1)(a) to consider the appointment ofthe City Administrator. The motion passed unanimously. The Council adjourned to executive session at 7: 19 p.m. and reconvened at 7:27 p.m.. APPOINTMENT OF CITY ADMINISTRATOR. 0511 JENNINGS/PUGH...appoint John Brown from Jackson, California, as the City Administrator and authorize the City Attorney to draft the contract to that affect and the Mayor to sign said contract. The motion passed unanimously. Councilor Jennings stated that the Council has come to an agreement with Mr. Brown on the terms of the contract and Mr. Brown will join the City around the 14th of September. Mayor Kirksey thanked Councilor Jennings for his availability during this period of negotiations with Mr. Brown. 0560 TABLED BUSINESS - LIQUOR LICENSE APPLICA nON: E Z STOP GROCERY AND DELI. 111 N. FRONT ST. JENNINGSIFIGLEY.....remove from the table the liquor license application for E Z Stop Grocery and Deli. The motion passed unanimously. Chief Wright stated that he had met with the applicant, and representatives from OLCC, Woodburn Together, and Woodburn Parks & Recreation. He stated that, according to the OLCC representative, the OAR on proximity of establishments only pertains to those establishments that are in existence or where they may be question of the integrity of the applicant or licensee. Woodburn Together is a drug and alcohol consortium that is against the abuse of alcohol and there concerns relate to proximity of the establishment to the park. Page 3 - Council Meeting Minutes, August 10, 1998 T-'" ...."_.."_..._-_._~>_....__._...+"--......----_.,---"-~._. w, . ... COUNCIL MEETING MINUTES August 10, 1998 TAPE READING The Parks & Recreation Department also has concerns since the business establishment is located within 500 feet of the Aquatic Center and Settlemier Park and alcohol use, consumption, and/or possession is prohibited in our city parks. As a result of the meeting, the applicant has agreed not to sell 48-oz beer containers, no a1ochol signs will be advertised in the windows, all servers will receive OLCC training, and he will meet with all interested parties in 90 days to review activities around the immediate area. Frank Anderson, Park Board member, stated that he is concern with the use of alcohol in city parks. With an establishment so close to the parks, there is a concern that this area will draw more people to the parks who will use, consume, or possess alcohol in Settlemier Park. Plans for new playground equipment will hopefully generate more family use of Settlemier Park and having an establishment licensed to sell alcohol so close to the park will cause an extra burden to the City. He was told that there was not much that could be done other than writing letters to protest this license application and he urged the Council to join Parks & Recreation to make a concerted effort to let OLCC know that the City does not want liquor to be sold at this establishment. Park Director Westrick stated that Parks & Recreation will be good neighbors to E Z Stop Grocery & Deli, however, he was surprised that there was not a citing regulation in place and he is still not satisfied that it is not within the Oregon Administrative Rules. He reiterated that the Department's major concern was proximity to Settlemier Park. Chief Wright stated that he did not have the same reading of the OAR as the OLCC representative was explaining to the individuals at the meeting. He stated that his recommendation to approve was based on his finding that there were no reasons to deny the application. If a recommendation to deny is made by the Council, a public hearing would be scheduled for the next regular meeting at which time the applicant would appear but OLCC would not appear at this hearing. He reminded the Council that OLCC is sensitive to the City's concerns but will ultimately make the decision on licensing the establishment. He also stated that he agreed with the Woodburn Together and the Parks & Recreation in that their reading of the OAR's is different from the interpretation of the OLCC representative. 0964 Roberto Franco, Fann Worker Housing Corp. representative, stated that this issue has been brought before their Board and it is of a concern to them. Following a brief discussion on this issue, FIGLEY /SIFUENTEZ.... application be denied and a public hearing be set for the next regular meeting. The motion passed 4-1 with Councilor Pugh voting nay. 1140 COUNCIL BILL 1919 - ORDINANCE APPROVING LAND USE APPLICATIONS FOR WOODBURN COMPANY STORES. Council Bill 1919 was introduced by Councilor Jennings. Recorder Tennant read the two Page 4 - Council Meeting Minutes, August 10, 1998 .........--. - -~'-""-"''''~'--'--''~'--+-~"--'''-'->'''~-'~'-'-~' -. - COUNCIL MEETING MINUTES August 10, 1998 TAPE READING readings of the bill by title only. Attorney Shields stated that the Council has been provided with a City version of the Local Improvement District (LID) language and the applicant's version of the LID language. The record is closed so no additional testimony can be taken, however, the Council can discuss this issue with staff. JENNINGS/PUGH... accept the version which is the staff's language. Councilor Jennings stated that he did not want to see the City in the same kind of position that we experienced with Mar Dene Corp. and the staff version is not going to put the City in that position. On roll call vote, the motion to accept the staff's version passed unanimously. Attorney Shields stated that the Council has now given the staff directions to include the staff's version of Attachment B to the main ordinance which has been read twice by the City Recorder. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1919 duly passed with the emergency clause. 1350 JENNINGS/FIGLEY.... item lIB (possible discussion on ODOT position) be removed from the agenda. The motion passed unanimously. 1370 COUNCIL BILL 1920 - ORDINANCE ASSERTING JURISDICTION AND EXERCISING AUTHORITY OVER PUBLIC RIGHTS-OF-WAY. Councilor Chadwick introduced Council Bill 1920. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1920 duly passed with the emergency clause. 1452 COUNCIL BILL 1921- RESOLUTION ENTERING INTO AMENDMENT NO.1 TO THE AGREEMENT WITH BROWN AND CALDWELL. INC. FOR ENGINEERING SERVICES RELATING TO THE WASTEWATER TREATMENT PLANT EXPANSION AND UPGRADE. Council Bill 1921 was introduced by Councilor Chadwick. Recorder Tennant read the bill by title only since there were no objections from the Council. Preston Tack expressed his opinion that the City is fortunate to have Frank Tiwari as Public Works Director since he has been able to secure grants and low interest rate loans for this major project. Secondly, he stated that, in testimony to the responsiveness of the Council, proposals for consulting engineers for this project were reviewed 3 years ago and another firm was selected to do the engineering work. By authorizing the expenditure before the Council, it will preserve $5,722,500 worth of existing structures. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1921 duly passed. Page 5 - Council Meeting Minutes, August 10, 1998 ~.. -_._'"--~.._~-- ._-----~--+--_._-- -. - COUNCIL MEETING MINUTES August 10, 1998 TAPE READING 1549 DISCUSSION OF DRAFT MASTER FEE SCHEDULE. Administrator Walton stated that he provided this information in the agenda packet for Council discussion with the intent to set it for a meeting in the future. The public should have an opportunity to provide input on the proposed fee schedule. Either a formal or informal hearing could be held and, following the hearing, an ordinance would be adopted. Discussion was held as to whether or not a public hearing or workshop should be held. Administrator Walton expressed his appreciation to Intern Admn. Assistant Matt Smith who did a lot of work in compiling this document. Mayor Kirksey stated that, in her review of the proposed fees, the towing fee currently charged is only 30% of the actual cost to the City and felt that the City should recover 100% of the cost. JENNINGS/PUGH.... schedule a public hearing for the next regularly scheduled Council meeting. The motion passed unanimously 1700 SOUND AMPLIFICA nON PERMIT FOR SALUD MEDICAL CENTER HEALTH FAIR. Staff recommended approval of the use of sound amplification equipment in conjunction with the Salud Medical Center Health Fair on Saturday, September 12, 1998, from 10:00 AM to 6:00 PM as requested by Salud Medical Center. JENNINGSIFIGLEY... approved the use of sound amplification equipment from 10:00 AM to 6:00 PM on September 12, 1998 as requested by Salud Medical Center. The motion passed unanimously. 1720 APPROVAL OF NO PARKING ON HENRY'S BLVD. Staff recommended that, due to the narrowness of the travel lanes due to the median strip and traffic circle, that no parking signs be installed on Henry's Blvd. Along the median strip and on Aletha Street along the traffic circle. JENNINGS/FIGLEY... approve the recommendation of staff and no parking be allowed on Henry's Blvd. along the median strip and on Aletha Street along the traffic circle. The motion passed unanimously. 1730 BID AWARD #99-01 . TRAILER MOUNTED VACUUM EXCAVATOR AND CLEANER. Bids were received from the following vendors: Ben-Ko-Matic, $36,975.00; and Pacific Tek, $39,450.00. Staff recommended the acceptance of the low bid. JENNINGS/PUGH... award bid #99-01 for a trailer mounted vacuum excavator and cleaner to Ben-Ko-Matic in the amount of$36,975.00. The motion passed unanimously. Page 6 - Council Meeting Minutes, August 10, 1998 1-- ..-...--.-..-T"""""'.----.--. 111 T COUNCIL MEETING MINUTES August 10, 1998 TAPE READING 1750 Roberto Franco, representing the Farmworker Housing Corp., briefly updated the Council on the current building project at Neuvo Amanceer. He stated that Phase 2 of the project is underway and it is anticipated that apartments will be ready for occupancy by the end of this year. 1795 STAFF REPORTS. A) Major Crime Prosecutor: Chief Wright stated that this was a project that he, along with other local agencies, having been trying to get the District Attorney's office to have one prosecutor assigned to gang related incidents. The County is now willing to commit to funding this position provided that, in addition to Local Law Enforcement Block Grant funding, the cities of Salem, Keizer, and Woodburn contribute additional funds over the next two years to fund this position. In his opinion, the City will get back more than their investment once this position is in place. JENNINGS/FIGLEY... request the City Administrator, working with the Police Chief, to press on with this proposal and the City participate in the funding of this program. The motion passed unanimously. B) Statewide Transportation Improvement Plan Project Identification: In a memo from Public Works Manager Rohman, the City will be submitting the necessary paperwork to the Mid WilIamette Valley Area Commission on Transportation to identify the Highway 214 improvement project for their consideration for inclusion in the 2000-2003 Statewide Transportation Improvement Program (STIP). Councilor Jennings stated that it is very important to get this project on the STIP in order to get improvements to the Highway 214/I-5 area. Congresswoman Darlene Hooley has stated that, ifre-elected, she would help the City on the federal side of the House of Representatives to get money towards this project. He also suggested that another Councilor to work with Randy Rohman to make sure that everything is put before the Commission by the due date of August 261h. Councilor Pugh volunteered his services to help on this project. C) CCRLS Contract Amendment: Library Director Sprauer briefly reviewed the contract changes that will be a part of the contract before the Council at the next meeting. She also stated that, effective January 1999, several libraries will start charging an additional fee for non-resident people within CCRLS. She provided the Council with written material in order to update them on this issue along with choices of recommendations on how the City could proceed. 2080 MAYOR AND COUNCIL REPORTS. Page 7 - Council Meeting Minutes, August 10, 1998 'T'" ._n_."_'" ~_.~...,..-~.~~~_.. ...~_._."..,__...__..-~_~. "I' . COUNCIL MEETING MINUTES August 10, 1998 TAPE READING Councilor Figley expressed her concern regarding the current ordinance requirements on fencing since many ofthe fencing products now available are considered as non-conforming under the City's ordinance. She realizes that there are numerous issues that are taken into consideration is setting standards, however, she feels that we may be more restrictive than what is necessary on fence height and other issues. Councilor Jennings concurred with comments made by Councilor Figley. He also stated that current standards allow for 30" fence height but also allows for 6' foot shrub to be planted directly behind the fence which seems to have defeated the purpose of providing adequate visibility. Staffwill be reporting back to the Council on this issue. Councilor Sifuentez wished Kitty Jaeger a Happy Birthday. She will be turning 99 years old on August 14th. Mayor Kirksey thanked the Councilors who participated in the Mexican Fiesta parade by riding in the train. She also thanked the Parks Department for maintaining the train and the Latin American Club for making her Grand Marshall for this year's parade. She also rode around town with the Police Chief during National Night Out and they visited numerous neighborhood groups, including the Mar Cel Court area and it was nice to see residents caring about their community and their desire to see their area safer. In regards to the Transient Business Task Force, they have met and are now waiting for some information from the City Attorney. Hopefully, a report will be made available at the next regular Council meeting. 2379 EXECUTIVE SESSION. JENNINGS/FIGLEY... adjourn to executive session under the authority of ORS 192.660(l)(e) to conduct deliberations with persons designated by the governing body to negotiate real property negotiations. The motion passed unanimously. The Council adjourned to executive session at 8:22 p.m. and reconvened at 8:33 p.m.. 2394 Following the executive session, JENNINGS/PUGH.... request the City Administrator to proceed with reaching an agreement to purchase the building known as the bank building at 190 Garfield Street and that the Mayor be authorized to sign the applicable paperwork when it is done. The motion passed unanimously. Administrator Walton stated that the purchase price would be approximately $305,000.00. Page 8 - Council Meeting Minutes, August 10, 1998 ..- ,- "._--."'_..'-," _.._-....,...-._..,-~_.~._~,.~--_._--'_.._~.. .., . . COUNCIL MEETING MINUTES August 10, 1998 TAPE READING 2432 ADJOURNMENT. JENNINGS/FIGLEy.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:35 p.m.. NANCY A. APPROVED ATTEST M~~~ c,-:f- Mary nnant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, August 10, 1998 T""""'" ..~- "- --_.__.~.-"-'---'---..,....-....-----"---'~-----~-~- ... .