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Minutes - 10/12/1998 COUNCIL MEETING MINUTES October 12, 1998 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 12, 1998. CONVENED. The meeting convened 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 Absent Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Recreation & Park Director Westrick, Finance Director Gillespie, Public Works Manager Rohman, Intern Administrative Asst. Smith, City Recorder Tennant 0022 MINUTES. JENNINGS/SIFUENTEZ.... Council minutes of September 28, 1998 be approved; and accept the Planning Commission minutes of September 3 and 24, 1998, the Recreation and Park Board minutes of June 9 and July 14, 1998, and the Library Board minutes of September 23, 1998. The motion passed unanimously. 0031 ANNOUNCEMENTS. A) Council Workshop - The City Council will hold a workshop on Monday, October 19th, 7:00 p.m., City Hall Council Chambers, regarding Citizen Involvement. Councilor Jennings suggested that notices be sent to representatives of community and/or Neighborhood Watch groups who may be interested in attending this meeting. B) The Woodburn Aquatic Center will re-open on October 12th for fall and winter programs. C) Woodburn Public Library will be closed on Friday, October 23'd, for employee training. D) Upcoming Public Hearings: 1) October 26, 1998,7:00 p.m., City Hall Council Chambers: Zone Change #97- 08 from Single family residential to Commercial General and Site Plan Review #98-10 (Property located at 1605 E. Lincoln) 2) October 26, 1998,7:00 p.m., City Hall Council Chambers: Annexation #97-08, Page I - Council Meeting Minutes, October 12, 1998 1'- --~-" II , --~ COUNCIL MEETING MINUTES October 12, 1998 TAPE READING Zone Change #97-12, Conditional Use #97-03, Variance #97-12, Planned Unit Development #97-03 (Boones Crossing Planned Unit Development) 0097 JENNINGS/FIGLEY...item IIC (Liquor license application: Taqueria Guadalajara) be removed from the agenda. Councilor Jennings stated that the business had not registered with the City as of last Friday, therefore, their liquor license application should not be considered at this time. The motion passed unanimously. 0114 PLANNING COMMISSION APPOINTMENT. Mayor Kirksey stated that Alberto Torres had resigned from the Planning Commission due to his inability to regularly attend the Commission meetings. She appointed Mary Schultz to fill this vacancy with a term expiration date of December 2000. . JENNINGS/PUGH.... approve the appointment Mary Schultz to the Planning Commission. The motion passed unanimously. Councilor Jennings expressed his pleasure in hearing that her health has improved to where she is willing to participate as a Commissioner since she had previously been a valuable member on the Commission. 0149 CHAMBER OF COMMERCE REPORT. Phil Hand, representing the Chamber Board, stated that a "Welcome to Woodburn" sign will be placed at the north city limits along Hwy. 99E near the entrance to Patrick Industries. Once the sign has received Planning Commission approval, the Chamber will be requesting the Council to waive applicable fees for the sign placement. Upcoming events include: I) Regional Transportation Meeting at the Woodburn Medical Center, 8:00 am, on Tuesday, October 20th; and 2) Chamber Forum on Wednesday, October 21",12:00 noon at the Woodburn Medical Center, with guest speaker being Nick Jones from the Portland Trailblazers. 0205 WOODBURN DOWNTOWN ASSOCIATION. Dallas Figley, WDA Secretary, updated the Council on the downtown tree planting project. On Saturday, October 10th, approximately 26 trees acquired through a Forestry grant were planted on Front and First Streets by volunteers. He expressed his appreciation to Bev Koutney who spearheaded the project along with numerous other volunteers who assisted in the tree planting on Saturday. Bev Koutney also distributed copies of brochures to the Council that provided information on the trees, and a copy of the news release on the project. She also thanked the Fire Department for watering the trees after they were planted, Shirley Pitt for the design and reproduction of the brochures, and Intern Admn. Assistant Matt Smith who Page 2 - Council Meeting Minutes, October 12, 1998 ...__^.___>_...~_....4' .______.._ .. "~m_.." ~ . --~ COUNCIL MEETING MINUTES October 12, 1998 TAPE READING was the liaison between all of the City departments and WDA. Mayor Kirksey expressed her thanks to Bev Koutney for her involvement in community projects over the past several years. 0332 LETTER FROM MARCEL-LYNN NEIGHBORHOOD WATCH. Councilor Jennings stated that the letter is a follow-up to a letter submitted a couple of months ago and it does request some action on the part of the City to address their concerns. JENNINGS/PUGH... refer this letter back to the City Administrator for action. The motion passed unanimously. 0355 Bev Koutney also informed the Council that she is teaching a citizenship class and she brought her class to this meeting to observe how city government operates at the legislative level. Note: Councilor Sifuentez interpreted the statements made by Mr. Jaime --- Roberto Jaime. 660 Brown Street, stated that he was not happy with the City since they were requiring him to comply with certain requirements whereas he has asked for the City's help on other issues relating to his home and the City has not been responsive to his needs. He purchased a home on Brown Street but has had problems with the foundation, sidewalks, and water under the house. Councilor Jennings stated that he had spoken to Mr. Jaime previously and, if what he says is true, is concerned about how this building passed inspection. Following this conversation, he had discussed the issue with Director Goeckritz and thought that it had been resolved. Councilor Sifuentez stated that a meeting involving staff and Mr. Jaime needs to be held to discuss the situation and see what action, if any, can be taken. She offered to attend this meeting to assist staff and Mr. Jaime in understanding the issues. Councilor Pugh stated that if this is a more recent construction, Mr. Jaime may have a civil case against the contractor. Director Goeckritz stated that Mr. J aimie did come into the office to complain about standing water under his unit. The Building Official looked into this situation and found that the drain pipes were not adequate in this particular high water table area. The contractor was required to put in a sump pump under the house to take care of standing water at no cost to Mr. Jaime and, to his understanding, that has been installed. Mr. Jaime stated that he had told the contractor not to install the sump pump until after he had solved the problem with the City. Director Goeckritz stated that the difficulty with this property is that the home sits down below the road grade level. In regards to the driveway, it does meet code according to the Building Official but staff is willing to discuss this issue with him at a mutually agreeable Page 3 - Council Meeting Minutes, October 12, 1998 --- -~ -.--.............-" ~ . COUNCIL MEETING MINUTES October 12, 1998 TAPE READING time. Administrator Brown stated that his office will get in contact with Mr. Jaime tomorrow to begin working on the issues he brought up at this meeting. 0860 COUNCIL BILL 1931 - RESOLUTION ESTABLISHING A COST SHARING POLICY FOR STREET TREE MAINTENANCE IN PUBLIC RIGHTS-OF-WAY. Councilor Hagenauer introduced Council Bill 1931. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Jennings stated that this bill calls for a partnership between the property owner and City in maintaining trees within the public rights-of-way. The property owner would be obligated to pay the first $200 towards maintenance then it becomes a SO/50 share in cost up to a maximum cost to the City of $SOO. On roll call vote, the bill passed unanimously. Mayor Kirksey declared Council Bill 1931 duly passed. 0907 COST SHARING PROPOSAL FOR TRAFFIC FLOW RELATED IMPROVEMENTS ON HIGHWAY 214 NEAR THE 1-5 INTERCHANGE AREA. JENNINGS/PUGH.... approve the recommendation of staff and that the City will share on a SO/SO cost basis for sign bridges over the freeway interchange in excess of the $50,000 developer contribution, and the City will not pay ODOT any cost associated with a median on Highway 214 on the east side of the freeway. Councilor Pugh requested clarification on the median issue since he did not want the motion to imply that the Council was approving the installation of the median. Councilor Jennings stated the motion did not imply approval and specifically prohibits the use of any city funds for this purpose. The motion passed unanimously. 09S8 DOWNTOWN CENTER IMPROVEMENT PLAN. JENNINGS/PUGH... approve the downtown center plan with the estimated cost to the City in the amount of $4,290.00. Councilor Jennings stated that the drawing in the book provided to the Council is incorrect in that the improvement will be in the northwest corner rather than the southwest corner of the parking lot. The arch will not be included in this plan but it will include electricity and the hole for the City Christmas tree. Some additional shrubbery will be planted around the project area. Administrator Brown clarified that the total cost of the project is $14,290.00 of which $10,000.00 is funded through a Three Valleys Project grant. The motion passed unanimously. Page 4 - Council Meeting Minutes, October 12, 1998 ~ COUNCIL MEETING MINUTES October 12, 1998 TAPE READING 1030 CLAIMS FOR THE MONTH OF SEPTEMBER 1998. SIFUENTEZ/PUGH... approve voucher checks #42709 - #43156 issued during the month of September 1998. The motion passed unanimously. 1042 Barbara Lucas, 214 E. Clackamas Circle, questioned if the downtown improvement project would be ready for the Christmas season so that a Christmas tree can be placed in the designated area, and if water will be made available at the site. Public Works Director Tiwari stated that the project will be completed enough by Thanksgiving for the placement ofthe Christmas tree, however, the brick paver portion may take a little longer to complete. 1122 STAFF REPORTS. A) PERS Integration Update: Councilor Jennings suggested that the sick leave option be seriously considered by the Council. Administrator Brown reviewed the two unresolved issues mentioned in the memo. One was the payout schedule from Pacific Life since the amount initially transferred to PERS does affect the contribution rate. However, the City received notice today from Pacific Life that they would transfer the full amount of the funds without penalties. The second issue involves the sick leave option. Currently, the police officers have this benefit which allows a certain portion of unused sick leave to be applied towards final average salary benefit calculation. If the rest of the general service employees are provided with this benefit, it is estimated to cost an additional rate contribution of I % (approximately $35,000). Staff is recommending that the sick leave option be included for all full-time employees in the PERS contract. Staff also feels that this benefit may encourage employees retain their sick leave thereby reducing actual time loss and improving productivity. If the integration is approved and includes sick leave, the overall cost increase for the retirement program is estimated at 2.1 % which is close to the Council's 2% target. Councilor Jennings stated that, as a federal employee, he had accumulated enough sick leave to gi ve him two years of full service to his retirement. While he was working, he would use annual leave for his sick days rather than utilizing his accumulated sick leave hours. He felt that this benefit is a tool to get people to either work when they might have otherwise stayed off the job or to use other available leave in lieu of sick leave since the sick leave benefit does provide long term financial payout at retirement. Mayor Kirksey reiterated that she has always felt strongly that the retirement program should be PERS and sick leave should be included at this time rather than adding it as a part of the program at a later date. No objections were made by the other Councilors regarding the sick leave issue. 1267 B) Centennial Park Project Update: Page 5 - Council Meeting Minutes, October 12, 1998 r- .-- -"-""'--'<r--"~~--"'-"-~'--"'-~'-'-'-"-'.'~'~-~"~' .__._.n._.'_ -...-~--..._-_. " 1 COUNCIL MEETING MINUTES October 12, 1998 TAPE READING Director Westrick stated that the irrigation system is about half done on the soccer fields and the grading on baseball is complete. The gravel donated by the Rotary Club a few years ago is being stockpiled for Phase II. If the weather clears in a few days, then seeding will take place. Mayor Kirksey requested a short report on the time savings being realized by the Park Department with the new hi-speed mower. Director Westrick stated that a new high speed mower was purchased recently and a 3-hour mowing job at Legion Field turned into a I-hour mowing job. This mower will be very helpful in maintaining Centennial Field next spring. C) Legal Evaluation of Citizen Involvement Organizations: Councilor Jennings informed the Council that the shaded items in the proposed ordinance were inserted by Attorney Shields based on his legal evaluation of the ordinance which was submitted by Preston Tack. This document will be used as a working copy at the October 19th workshop and an advanced copy of the evaluation was sent to the authors ofthe original ordinance. D) Traffic Issues on Evergreen Road & Lawson Way: Councilors did not comment on this memo. E) Statewide Transportation Improvement Program grant funding for community transportation systems: Councilors did not comment on this memo. F) Proposed Sign Ordinance: Councilors did not comment on this memo. G) Fence heights in front yards: Councilors did not comment on this memo. H) Police Department Activity Report: Councilors did not comment on this report. I) Building Activity Reportfor September 1998: Councilors did not comment on this report. 1395 CITY ADMINISTRATOR'S REPORT. A) Consent Agenda: Interim Administrator Walton's audit report did include a recommendation to implement a consent agenda. Administrator Brown agreed with this concept in that it allows for dispensing of routine agenda items in one motion rather than requiring a series of motions. He recommended that a consent agenda be incorporated into the next agenda packet and he provided a sample of how this meeting agenda would have been listed if the consent agenda was in place. His past experience with consent agendas has been that specific items listed under the consent agenda can be pulled off for individual discussion and acted upon as a separate item. Mayor Kirksey stated that she has had prior experience with a consent agenda and it has been an efficient means of conducting a meeting. The consent agenda did not limit discussion or public input in any way since the opportunity is still there to individually discuss an item on the consent agenda. Page 6 - Council Meeting Minutes, October 12, 1998 f' , MU'~'.'_ - _..._......_.~...,.._.,_.. ".__.~...,.~-,-,,--_.,-",.,,------ 11 1 COUNCIL MEETING MINUTES October 12, 1998 TAPE READING 1546 Councilor Pugh stated that he did not object to the consent agenda but did express his opinion that the agenda is not available to the public early enough for the public to know what will be brought before the Council. The agenda and Council packets routinely are delivered on Friday afternoon and it needs to be made available earlier in the week. Mayor Kirksey stated that a tentative agenda could be prepared but having it locked in a week before the meeting may result in an inefficient way of operating our organization. Councilor Jennings stated that the agenda items are ready by Wednesday and, once the Web Page is on-line, the agenda could be part of the Web Page by Wednesday afternoon. Councilor Pugh suggested that utilizing the local newspaper as another alternative for publicizing the upcoming meeting dates and agenda. Councilor Figley suggested that the agenda be put on Cable TV Community Access by Wednesday afternoon. Administrator Brown stated that Thursday afternoon is probably the earliest an agenda packet would be delivered to the Council since staff tries to put as much into the agenda as possible so that items are not held over for two weeks. He also needs time to review department reports to insure a quality product that is provided in the Council packet. 1750 MAYOR AND COUNCIL REPORTS. Councilor Figley extended her thanks to those who assisted in Saturday's downtown tree planting project especially to those who organized the project and to Matt Smith who is an asset to City staff. Councilor Jennings expressed his opinion that the City needs to expedite the creation of a web site and, if there is insufficient staff time available for this project, a company that does this type of work be hired to get the project completed. Mayor Kirksey reminded the public that there will be an Auction Dinner on November 21 st for the new stadium. The Chamber Auction is scheduled for November 14th. 1853 EXECUTIVE SESSION. JENNINGS/FIGLEY... adjourn to executive session under the following statutory authority: I) ORS 192.660(1 )(f) to consider records that are exempt by law from public inspection; and 2) ORS 192.660(1 )(h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. The motion passed unanimously. The Council adjourned to executive session at 8:02 p.m. and reconvened at 9: 12 p.m.. 1870 Following the executive session, JENNINGS/SIFUENTEZ.... authorize the City Attorney to sign a stipulated judgement in Marion County Circuit Court case #98Z-18788 Hillyer's Mid-City Ford et al v City of Woodburn as discussed by the City Council in executive session. On roll call vote, the Page 7 - Council Meeting Minutes, October 12, 1998 'T'" .-.-.. ..__.-. ."...'_.."~'-~-' "Tl 1 -~ COUNCIL MEETING MINUTES October 12, 1998 TAPE READING motion passed 3-2 with Councilor Pugh and Figley voting nay. Mayor Kirksey stated that, if Councilor Chadwick had been at this meeting and voted nay to have a tie vote, she would have voted aye to pass the motion. JENNINGS/ PUGH... City Administrator be authorized to inform the owners of the Odd Fellows Hall and the Salud Building that if no action is taken within 45 days the Council will re-institute the lawsuit. The motion passed unanimously. 1934 ADJOURNMENT. FIGLEy/JENNINGS.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9: 14 p.m.. APPROVED ~~ NANCY A. K1R Y, MAYOR ATTEST (Y\ I~* Mary ~t. Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, October 12,1998 ...-_.. .-..-- .__.~-_..,-"._-----"~--1'"'--""--~_._._.,._--~.._-_..-.,---