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Minutes - 04/28/1997 ~..., COUNCIL MEETING MINUTES April 28, 1997 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 28,1997. CONVENED. The Council met in regular session at 7:00 p~m. with Mayor Kirksey presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present Present Absent Present Absent Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Public Works Manager Rohman, Police Chief Wright, Library Director Sprauer, Finance Director Gillespie, Park & Recreation Director Holly, City Recorder Tennant 0018 Administrator Childs requested that business item #IO(B) be deleted from the agenda and the addition of Item 10(G) whiCh is a Request for a Sound Amplification permit by Woodburn Chemeketa Center as part of their Cinco de Mayo celebration. 0030 MINUTES. JENNINGS/FIGLEY... approve the Council minutes of April 14, 1997 and accept the Planning Commission minutes of April 10, 1997. The motion passed unanimously. 0040 ANNOUNCEMENTS. A) INTRODUCTION OF DEQ REPRESENTATIVE ASSISTING CITY WITH LOW INTEREST LOAN FUNDS AND PERMIT ISSUES --- Public Works Director Tiwari stated that the City has received an interest free loan from DEQ in the amount of $380,000 and is in the process of applying for a low interest (4.93%) DEQ loan in the amount of $4,000,000. Staff has been working with Jaime Isaza, DEQ Project Manager, who has assisted the City in obtaining the grant and loan funds from DEQ and the State Public Works Program, and in keeping the dollar amount within the budgeted amount. Jaime Isaza stated that it has been a pleasure to work with City staff on this project since the City is progressive utilizing new technologies and is willing to come into compliance with their discharge permits in spite of difficult compliance issues that need to be dealt Page I - Council Meeting Minutes, April 28, 1997 " COUNCIL MEETING MINUTES April 28, 1997 TAPE READING with in order to discharge into the Pudding River. He stated that the next process to be followed will be to work on the next discharge permit and to work with the consultants and City on the pre-design work. Even though their has been differences between DEQ and the City, those differences have been resolved to both the City and DEQ's satisfaction. He commended the City for all of the efforts they have put into this effort. On behalf of the City, Mayor Kirksey thanked DEQ for their willingness to work with the City to get the best possible funding and to help us meet DEQ goals. Jaime Isaza stated that one of his roles is to watch over the City's use of funds since there is a substantial amount of grant and low-interest funds being invested in this project. Director Tiwari stated that a decision has been made to do everything according to the extra requirements which are stated in the low interest revolving loan fund. 0244 INTRODUCTION OF COUNCIL OF GOVERNMENTS (COG) EXECUTIVE DIRECTOR --- Administrator Childs introduced David Galati who was recently hired as Executive Director of the Mid-Willamette Valley Council of Governments. David Galati expressed his appreciation for the opportunity to address the Council and to provide them with information on the work being done by COG in trying to assist local governments in Marion, Polk, and Yamhill counties. He stated that he has been with COG since April 1st and briefly reviewed his prior work history which had involved with working for a Council of Governments in another state. He stated that there had been problems with the management of COG in the past and he intends to find new ways of working with all of the local governments within the 3 counties to collectively explore ideas and identify sources of assistance. He has had experience as a facilitator and it is his intention to offer a facilitator service to participating agencies. He briefly reviewed programs COG is involved in at this time, one of which is the Mid-Willamette Transportation Committee. He expressed his hope that the City will regain their trust in COG and eventually re-join the organization. 0700 1997-98 CITY BUDGET CALENDAR --- Budget meetings are scheduled as followed: Tuesday, April 29, 1997 - 7:00 p.m. at City Hall; Thursday, May 1, 1997 - 7:00 p.m. at City Hall; Tuesday, May 6, 1997 - 7:00 p.m. at City Hall; and Thursday, May 8. 1997 - 7:00 p.m. at Woodburn Public Library. 0715 CHAMBER OF COMMERCE REPORT. Patrick Vance, Chamber representative, expressed his appreciation to everyone involved with the Tulip Festival which was very successful. He stated that ODOT representative. Dave Bishop, will meet with interested citizens on May 7th, 1:30 p.m., at the Comfort Inn to discuss the 1-5 interchange and regional Page 2 - Council Meeting Minutes, April 28, 1997 'r-- . -- -. ~,...._..--.._..__..._.,.._-~---."--~--_.~_.__.._... <- 11 , - COUNCIL MEETING MINUTES April 28, 1997 TAPE READING transportation issues and he encouraged business owners and citizens impacted by those plans and changes to attend. He also reminded the Council that the Chamber's Business After Hours program will be held on May 8th, 5:30 p.m., at Hubbard Chevrolet. 0763 3-VALLEYS PROJECT REPORT. Dick Raber, 3-Valleys Steering Committee member, briefly reviewed the Committee's purpose to facilitate conversation and to build community between all of the diverse people who live in the Woodburn area. During the meetings with the public, they were able to use bi-lingual facilitation and simultaneous translation to break down the traditional barriers of language. Ruth Mason, Steering Committee member, stated that the Committee has allocated $20,000 to fund a Downtown Plaza through the Woodburn Downtown Association and to fund one of the ballfields at Centennial Park. They would also like to continue the use of simultaneous translation equipment to be used by any group or organization who would like to borrow it. Therefore, they have decided that they would like to donate the equipment to the Library so that the equipment can be used by members of our community . Wendy Veliz, Steering Committee member, stated that a training workshop will be held for translators and any other individuals interested in learning how to use the equipment. A roster of trained individuals willing to volunteer translating time will be established to assist non-profit groups in the area. Hopefully, this will be a valuable tool to open communications between residents who do not speak the same language fluently. Scott Hogan, Steering Committee member, stated that there are 3 other translation systems in place in Hood River and Tualatin Valleys and they are unable to keep up with the demand. Schools, civic, and service groups have been borrowing the equipment and calls have been received from other jurisdictions who would like to borrow the equipment. Ashley Veliz. 3-Valleys representative, formally presented two FM transmitters and a starter set F-50 receivers to the City with their thanks for the City's support. Catherine Haynes, Area Coordinator for the 3- Valleys Project, also introduced Lillian Warzynski and Elida Sifuentez as members of the Steering Committee. Once the training workshop(s) are complete, the equipment will be given to the Library. 0931 Preston Tack, 2197 Camilla Way, suggested that a Citizen Liaison Committee be appointed to work on the Water Master Plan. He suggested the appointments of the following individuals: Marv Shelby or Scott Burlingham, Walt Lawson, Ron Lilienthal, Willis Graff, and himself. He expressed his opinion that, as a committee, questions can be clarified prior to the time it goes before the public. Mayor Kirksey stated that she did not object to the appointment of a committee, however, she would also like to receive names from the Councilors before a final Page 3 - Council Meeting Minutes, April 28, 1997 T .__..... _~".~~, ,." - _'__'m ,___,__",.~ 11 I .- ~, " COUNCIL MEETING MINUTES April 28, 1997 TAPE READING selection of committee members is made. Additionally, she did not anticipate the appointment of members until after the budget process is completed. 1000 TABLED BUSINESS - COUNCIL BILL NO. 1758 REGARDING ORDINANCE INCREASING THE LOCAL GAS TAX. No action was taken by the Council to remove this item from the agenda. 1015 TABLED BUSINESS - WDA REOUEST FOR REMOVAL OF TREES ON FRONT STREET. No action was taken by the Council to remove this item from the agenda. 1030 COUNCIL BILL NO. 1789 - ORDINANCE AMENDING THE HUMAN RIGHTS COMMISSION ORDINANCE TO INCLUDE THE TERM "SEXUAL ORIENTATION" IN THE MISSION STATEMENT. Council Bill 1789 was introduced by Councilor Sifuentez. Recorder Tennant read the two readings of 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 1789 duly passed with the emergency clause. 1097 REOUEST FOR RESTRICTED PARKING IN THE DOWNTOWN HISTORIC AREA. Within the Police Chief's memo, he outlined both aggressive and passive enforcement practices that the Council could adopt along with staff requirements for each practice. He also suggested that the restricted time periods be 8:00 am - 4:00 pm rather than the requested 6:00 am - 7:00 pm. Councilor Jennings expressed concern regarding the some of the financial ramifications applicable to either one of the enforcement practices and he suggested that the City discuss the restricted parking issue with the Woodburn Downtown Association before any Council action is taken. JENNINGS/FIGLEY... table this issue until the 2nd meeting in May. The motion passed unanimously. 1148 LIQUOR LICENSE TRANSFER - CHANGE OF OWNERSHIP: YOUNG STREET MARKET. A liquor license transfer application was submitted by Won S. & Hyun K. Kim who are the new owners of the Young Street Market located at 1030 Young Street. Chief Wright has recommended that a favorable recommendation be forwarded to the Oregon Liquor Control Commission. JENNINGS/FIGLEY... recommend to OLCC the granting of a change of ownership liquor license for the Young Street Market. The motion passed unanimously. Page 4 - Council Meeting Minutes, April 28, 1997 ~. ~, ,."~-,......-,~_._,--....._,._.~".,,. ." I COUNCIL MEETING MINUTES April 28, 1997 TAPE READING 1160 ACCEPTANCE OF UTILITY EASEMENTS - HENRY FARMS SUBDIVISION. Staff recommended the acceptance of an easements from Cipole Group, Inc., and Eugene & Judith Gascho which would allow for the completion of a water main loop from Henry Farm Subdivision to the existing water line on the church property. JENNINGS/FIGLEY... easements be accepted as recommended by staff. The motion passed unanimously. 1166 REOUEST FOR EXTENSION OF INSURANCE COVERAGE FOR WOODBURN YOUTH BALL ASSOCIATION. The Woodburn Youth Ball Association has requested that City liability and medical/accident insurance be extended to cover participants of the baseball/softball/T- Ball programs. The Association has agreed to reimburse the City for the additional costs involved in purchasing the medical/accident insurance. The Recreation Department is co-sponsoring this program and receives a small stipend for staff assistance in organizing and sign-ups. Staff has recommended that the request for the extensions of the two insurance coverages be granted. JENNINGS/FIGLEY... extend the City's liability coverage to include this program. Recorder Tennant questioned the extension of the medical/accident insurance coverage since they are two separate insurance coverages. JENNINGS/FIGLEY... reconsider the motion. The motion passed unanimously. JENNINGS/FIGLEY... amend the original motion to include the medical/accident insurance. The motion to amend passed unanimously. 1222 REOUEST FOR SOUND AMPLIFICATION PERMIT -- CINCO DE MAYO CELEBRATION. A request for a sound amplification permit was submitted by Chemeketa Community College, Woodburn Center, for the purpose of having a band play in their parking lot on May 5, 1997 as part of their Cinco de Mayo celebration. Councilor Jennings questioned if there was going to be a Cinco de Mayo celebration in the downtown area over the weekend similar to those that have been organized in the past. Chief Wright stated that the organizers for the weekend celebration have moved their program to Salem. In regards to the Chemeketa program, the students and staff have hosted their own celebration for the last 5 years and, in the past, some of the local residents have complained about the music played in the later evening hours. Therefore. he has recommended that the be authorized from 5:00 pm to 9:00 pm.. JENNINGS/FIGLEY... authorize the use of the sound equipment on Monday, May 5, 1997, between the hours of 5:00 p.m. and 9:00 p.m.. The motion passed unanimously. Page 5 - Council Meeting Minutes, April 28, 1997 r- . . 'M'_"'~_.'-""_'*__'~~___'_'_"""_'__-"---".~'-~-".'~_'.__._~._. 11 I COUNCIL MEETING MINUTES April 28, 1997 TAPE READING 1324 Attorney Shields requested that the Council vote on the main motion regarding the extension of the insurance coverage. The Council voted unanimously to extend the City's liability and medical/accident insurance coverage to the Woodburn Youth Ball Association. 1345 SITE ACTION PLANS. A) Planned Unit Development #97-01 - Ironwood at Tukwila -- No action was taken by the Council on this 108-unit single family subdivision which was approved by the Planning Commission, with conditions, on April 10, 1997. B) Site Plan Review #97-03 - Woodburn High School --- No action was taken by the Council on this proposed addition to the High School which was approved by the Planning Commission, with conditions, on April 10, 1997. 1360 STAFF REPORTS. A) Obnoxious Vegetation Process for 1997 --- The staff memo outlined the process which will be followed to notify property owners the obnoxious vegetation (grass, weeds, and other undesirable vegetation in excess of 10" in height) must be removed and/or cut. Failure to comply with the ordinance requirements will result in the City having a contract cutter to mow the property and penalties will be imposed. The ordinance is in effect between May 1st and September 30th. B) Water Line Replacement on Settlemier Avenue -- Staff informed the Council that the lead joint water line between Arthur Street south to Settlemier Park will be replaced beginning in May and concluding during the summer months as part of the City's lead joint replacement program. C) United Disposal Clean-Up Day Report --- In a recent report received from United Disposal, the value of their donated services to man the United Disposal site and dispose of the debris on March 29, 1997, was $6,581.35. Mayor Kirksey reiterated her thanks to United Disposal for their community support in continuing this program. 1405 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez stated that it has been an honor to work on the 3- Valleys Project and she thanked the members of the Committee for their work of which she is very proud of. Councilor Chadwick stated that she had out-of-town visitors recently who commented on how impressed they were with the cleanliness of the properties in the area of the 1-5 interchange. Page 6 - Council Meeting Minutes, April 28, 1997 -- ._.,~ __.~"w..,. .._._____,'-~.~..~~-.,. ,.~__,._..,,,...,...__....,...-'^-.--..-...--...,~.-.-.-..___M_"_ ~ . COUNCIL MEETING MINUTES April 28, 1997 TAPE READING Councilor Figley also thanked United Disposal for their generosity and willingness to be a good corporate citizen. She also reminded the public that the Budget Committee will be discussing the Park & Recreation budget on April 29th, the Library Budget on May 1st, and the Public Safety (Police) budget on May 6th. She encouraged citizens to attend the meetings and/or call or write letters to the Council and Committee members to express their views on the budget for 1997-98. Councilor Jennings questioned if the tree in front of the Woodburn Alliance Church located along Highway 214 was in public right-of-way and, if so, who had given the property owners authority for the removal of the tree. Director Tiwari stated that he will look into the situation, however, he reminded the Council that the State authorizes all work being done within the right-of-way along State Highways. 1541 EXECUTIVE SESSION. JENNINGS/FIGLEY... adjourn to executive session under the authority of ORS 192.660(1)(h) for the purpose of consulting with legal 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 7:52 p.m. and reconvened at 8:21 p.m.. Following the Executive Session, the following actions were taken: 1547 JENNINGS/FIGLEy.... in the case of Sullivan v. Woodburn, LUBA #97-068, the City Attorney be instructed to file a record of the City Council's decision but not file a brief at LUBA. The motion passed unanimously. JENNINGS/FIGLEY... based upon the information we now have, authorize the City Attorney to dismiss Salud as a party defendant without legal prejudice to the City's ability to pursue further enforcement of the dangerous building ordinance if this is deemed necessary against the structure located at 347 N. Front Street. The motion passed unanimously. 1600 Administrator Childs informed the Council that the Water Master Plan has been submitted to the State in order to allow them an opportunity to review the document before it is adopted by the Council. 1636 Councilor Jennings stated that the next WDA meeting is May 6th and staff, along with the Mayor and himself, will attend this meeting. Page 7 - Council Meeting Minutes, April 28, 1997 r ~. " . _.~ COUNCIL MEETING MINUTES April 28, 1997 TAPE READING 1658 ADJOURNMENT. JENNINGS/FIGLEy.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:24 p.m.. APPROVED 7,L A #~ NANCY A. Ki'QkSEY, MAYOR ATTEST 11~ ~ Mary Te nt, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, April 28, 1997 r --...., ._"_.,...,-_....--............-~ --~~------,... 11 1 ."--'