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Minutes - 06/23/1997 , 'I COUNCIL MEETING MINUTES June 23, 1997 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 23,1997. 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 (7 :03 pm) Present Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Library Director Sprauer, Finance Director Gillespie, City Recorder Tennant 0021 MINUTES. JENNINGS/PUGH.... approve the regular and executive session Council minutes of June 9, 1997; and accept the Planning Commission minutes of May 22, 1997. The motion passed unanimously. 0032 Administrator Childs requested that a temporary street closure request be added to the agenda (item lOQ). Mayor Kirksey stated that she would add this item to the agenda. 0047 INTRODUCTION OF DEO REPRESENTATIVE. In the past, the City has received a $300,000 interest-free loan from DEQ, and a low interest loan for $2,000,000 which was subsequently increased to $4,000,000. Recently, the City was notified that we were the recipient of a new low interest loan award in the amount of $20,000,000.00. This new loan will accrue interest at 3.87% wWch will save the City about $250,000 annually. Public Works Director Tiwari introduced Peggy Halferty, DEQ Clean Water State Revolving Fund Program Coordinator, who has facilitated the loan process on behalf of DEQ and has verbally told the City that, if additional funds become available over the next couple of years, that more low interest loan funds will be offered to the City for the wastewater project. With the funds now being made available to the City, then the City may not need to sell bonds in the future to fund the improvements. Peggy Halferty stated that Jaime Isaza has been the project officer with this project for the last 5 years and has worked diligently to pull this project together. The $20,000,000 Page 1 - Council Meeting Minutes, June 23, 1997 T ~ 'II . ---_._.,.--~..,. ~" COUNCIL MEETING MINUTES June 23, 1997 TAPE READING loan is the largest loan made through the Clean Water State Revolving Fund Program for the State of Oregon. Approximately 80 loans are outstanding within the State and the total State loan fund of approximately $200,000,000. Instead of increasing the City's current $4,000,000 loan, it was decided to award a new loan of $20,000,000 in order to provide the City with a slightly lower interest rate on funds borrowed. It is DEQ's policy to fund on-going projects before new projects are funded, therefore, the City does have an opportunity to secure funds to complete the project (approximately $10,000,000) as funds become available. Another financing option that might work for the City is going through the DEQ Pollution Control Bond Fund. DEQ feels that this project will be a model project for many communities. Mayor Kirksey stated that the City owes Public Works Director Tiwari and DEQ representatives a debt of gratitude for the financial savings forthcoming to the City in obtaining the low-interest and interest free loans. 0231 ANNOUNCEMENTS. A) Special Council Meeting will be held on June 30, 1997, 7:00 p.m., in the City Hall Council Chambers. B) Council Workshop will be held on June 30, 1997 following the Special Council Meeting to review current planning fees and system development charges. 0237 CHAMBER OF COMMERCE REPORT. Jane Kanz, Executive Director, stated that the Chamber "Business After Hours" will be held at Hillyer's on July 10th at 4:30 p.m.. On July 23, 1997, the Chamber Drags will be held at the Woodburn Dragstrip beginning at 5:00 p.m.. She encouraged the public to attend the annual Chuckwagon Breakfast, 4th of July Picnic and Fireworks, and the St. Paul Rodeo. She also stated that the Chamber had recently installed a new outdoor tourist display rack which has been successful and the Chamber needs more City brochures. Ms. Kanz reminded the Council that the Board members are the individuals who generally give the Chamber report at Council meetings which, in turn, gives them an opportunity to let the public know what local business they operate or represent. 0341 CENTENNIAL PARK TASK FORCE COMMITTEE REPORT. Councilor Figley stated that the Mayor had recently appointed this Committee which met for the first time last Friday. The Committee is making significant progress to put together a site plan for Planning Commission review, initiate the process for annexation, and begin meeting with local service clubs and other organizations that have offered the City money to see if they are still interested in helping to fund this project. The Committee hopes to have useable ground at Centennial Park by next summer. They are will be working with staff and volunteers to do whatever necessary to expedite this project. Page 2 - Council Meeting Minutes, June 23, 1997 r .."...-..., ,..-,.---- 11 , ..'-.-...,. .~ 'I COUNCIL MEETING MINUTES June 23, 1997 TAPE READING Mayor Kirksey stated that Dale Yuranek and Walt Hamer have also agreed to serve on this Committee. 0407 MAMMOTH PARK COMMITTEE REPORT. Mayor Kirksey stated that the digging has started and no City funds or City man-hours are being used on this project. Any hours spent by City personnel to operate equipment has been on their own time. Donations continue to be accepted to help meet the Committee's financial goal. 0425 LETTER FROM BENNY DODGE. The agenda packet included a letter from Benny Dodge, owner of property located at 1404 Hardcastle, objecting to what he believes is harassment from Code Enforcement and the City regarding obnoxious vegetation. 0434 Councilor Chadwick stated that a property owner in Senior Estates whose property abuts the drainage ditch area between the School District property and Henry Farms Subdivision is concerned about the current depth of the ditch and the vast amount of algae in the ditch which is a breeding ground for mosquitos and other insects. Public Works Director Tiwari stated that the area in question is part of a holding area for water detention and work will soon begin to make necessary improvements to the ditch area on both sides of Boones Ferry Rd. along with the installation of a new gravity sewer line. It is anticipated that the contract for the gravity sewer project will be awarded at the June 30th Special Council meeting. 0507 PUBLIC HEARING -- 1997-98 CITY BUDGET. Mayor Kirksey declared the public hearing open at 7:19 p.m.. Administrator Childs read the staff report into the record outlining the budget as approved by the Budget Committee. The purpose of this public hearing is to give the citizens an opportunity to comment on appropriations within the budget document which includes State Revenue Sharing funds. The total tax levy within the budget is $4,841,437 of which the City anticipates collection of $2,907,071. Ballot Measure 47/50, Ballot Measure 5 compression, and uncollectible taxes are the reasons for the differences between the total levy certified to the County and the anticipated levy to be collected. In general, most programs were maintained even property tax dollars were lost due to Ballot 47/50. Personnel positions were eliminated and/or kept vacant in the Police Department (Police Sgt), and Parks & Recreation (Adult program Recreation Coordinator and Aquatics Program Manager). Job sharing between the Police Department, Municipal Court, and Community Development will take place in order to save current two full-time positions. The overall increase in the total budget is a result of public works construction projects which will take place over the next few years. He reminded the public that no taxpayer will pay over $10.00 per $1,000 assessed value for all combined general government (non-school) purposes (Ballot Measure 5). The final Page 3 - Council Meeting Minutes, June 23, 1997 T- .-".----. >-.---.. - . .----.. -', COUNCIL MEETING MINUTES June 23, 1997 TAPE READING budget ordinance will be brought before the Council at their Special meeting on June 30th. Preston Tack, 2197 Camilla Way, requested that a final copy of the budget document be made available at the Library as a reference tool for interested citizens along with the quarterly financial reports prepared by the Finance Director. He also suggested that, if it was permissible, to include the filing of the information at the Library within the budget ordinance. Since there were no other comments from the public, Mayor Kirksey declared the public hearing closed at 7:28 p.m.. Administrator Childs stated that no further action is required at this time unless the Council wishes to make changes in the proposed budget. Councilor Figley informed the public that a copy of the proposed budget is located in the reference area of the Library and a final copy will be forwarded to the Library following adoption of the budget. 0827 PUBLIC HEARING -- LIOUOR LICENSE TRANSFER OF OWNERSHIP RE: RAVEN INN TAVERN. Mayor Kirksey declared the public hearing open at 7:29 p.m.. Police Chief Wright reviewed the staff report regarding the proposed change of ownership of the Raven Inn Tavern to Ronald Wiebe. In his staff report dated May 23, 1997, he recommended that the Council provide a negative recommendation to OLCC based on factual information on Mr. Wiebe's behavior and conduct prior to and during the application process. The investigation did reveal that Mr. Wiebe had been arrested for Burglary 1st degree and DUll along with numerous other offenses in 1993. However, Mr. Wiebe had been involved in a volatile domestic dispute with his ex-wife in 1993 and, as a result, all charges except for an Assault 4th degree were dismissed by the District Attorney. Regarding the DUll charge, it was dismissed following successful completion of a DUll diversion program. During the license investigation process, the bartender on-duty during an incident in February 1997 reported that Mr. Weibe had been on the premise giving orders to employee(s), made racists comments to patrons, then traveled to an establishment south of Gervais at which location he caused a disturbance and was subsequently ejected. It was also noted that Mr. Weibe's father had told a police investigator that his son was on medication (lithium) which is why he was acting like he was at the tavern. Mike Reed, Attorney representing Ronald Weibe, stated that Mr. Wiebe had been convicted of a misdemeanor as a result of a domestic dispute and he had gone through the DUll diversion program for the dismissal of the DUll charge. Otherwise, his record is clean and he questioned if these two incidents are severe enough to deny Mr. Weibe a positive recommendation to OLCC on the liquor license transfer of ownership application. Attorney Reed stated that the problem stems from an incident in February 1997. Darlene Standridge, the on-duty bartender, has been spreading malicious comments and has not been telling the truth surrounding the circumstances surrounding Page 4 - Council Meeting Minutes, June 23, 1997 r 0....... ......"...._..._.,,_~., '_"_._'___~'___'__" .__._._._.._~ - - .., COUNCIL MEETING MINUTES June 23, 1997 TAPE READING the incidents. He stated that witnesses would be presenting testimony at this hearing which would contradict the statements of Darlene Standridge. He summarized the events which occurred that evening stating that the bartender had carded everyone even if they looked well over the age of 21 and asked those individuals who did not have identification to leave the premises. Mr. Weibe did make an issue with this action since he was in discussing the purchase of the business with the current owner and he did not want to have all of his customers go somewhere else in the future. He stated that Mr. Weibe had asked for a menu to check out the food and when she did produce a menu, he became persistent which caused the bartender to become irritated with him. In regards to ordering other employees around, Ms. Standridge was the only employee on duty at the time of the incident. Also, at the time of the incident, he was not ejected from the Raven nor was he ejected from another tavern later that evening nor was he under the influence of alcohol as stated by Ms. Standridge. Attorney Reed also informed the Council that Darlene Standridge did not show up for work after she had given her statement to the police and she has not been back since then. Attorney Reed stated that Mr. Weibe has plans to remodel the tavern which would include new carpet, re-paint, new bartop, new buddy tables and chairs, and a new menu with continued emphasis on mexican food. He will also be installing a sound system that would allow all customers to bring in their own music to be played. He plans on installing video surveillance cameras inside the premise. In regards to Mr. Weibe's taking medication, Attorney Reed stated that he does take lithium which is a drug prescribed by his family doctor for depression. He takes the drug daily, between 1 and 3 does per day, depending upon on he is feeling each day. Mr. Weibe believes that his ability to decide how many doses to take does work for him, however, if the Council has concerns about taking irregular doses, then he is willing to agree to take the 3 doses every day. Mr. Weibe is a social drinker but he fully understands his responsibilities as a tavern owner and he will not consume alcohol, let alone be under the influence, while he is at The Raven. He wants to earn the Council's trust and the opportunity to run a good, clean tavern in Woodburn. Attorney Reed requested that the Council forward a favorable recommendation to GLCC. Kay Worster stated that she was with Mr. Weibe on the evening of the incident reported by Darlene Standridge. She stated that she was asked by Mr. Weibe to come with him to the tavern to evaluate the food since she was formerly a restaurant owner at two different locations and did have a Class A liquor license in Oregon. She stated that it was about 8:30 p.m. when they arrived and he was visibly unhappy since the bartender repeatedly told them that the food they would order was not available and, when the bartender did make some food, it was overcooked. The bartender was rude to them and to all of the other people on the premise. Mr. Weibe was visibly disappointed in what was happening with their initial reaction being that the bartender was running the customers off, however, she was not really the case. In any event, the bartender was out-of-line. She stated that the bartender did call the owner, Tina Wiltsey, and told Ms. Page 5 - Council Meeting Minutes, June 23, 1997 r ....'... ~ . _.,--'~_.,_.,-".,.. .., COUNCIL MEETING MINUTES June 23, 1997 TAPE READING Wiltsey that Mr. Weibe was out-of-line and eventually they did leave The Raven. In her opinion, Mr. Weibe was not out-of-line at the tavern. Following this incident, they had gone to another location to eat on their way home and they did not stop at the Last Chance Saloon and have another beer. They did have a couple of beers at the Raven and did converse with other patrons at the tavern. She does not know how Ms. Standridge came up with the story that she had given to the police investigator since it was absolutely not true. Douglas Templeton stated that he was at the Raven on the night in question as the off- duty bartender. His status was evening manager and he had explained to Ms. Standridge that checking ID was only in those cases where it was questionable if an individual was 21. Also, regulars of the pool team did not need to be checked and Mr. Weibe was concerned about this situation. He stated that Ms. Standridge and Mr. Weibe were not friendly with each other following this incident and he did not make racists comments to the patrons. In his opinion, he may have been authoritative but he did not feel that Mr. Weibe was out-of-line. 1563 Connie Barnett, manager of Last Chance Saloon, stated that on the evening in question, Mr. Weibe did come into the tavern but he did not cause a disturbance at the establishment with anyone other than herself since she was quite offended when he was handing out his business card trying to drum up business for the Raven. Even though Ms. Wiltsey owns the bar, she stated that she has worked hard at the bar and she feels ownership of the bar, therefore, his actions upset her personally. She reiterated that she was offended by his actions was but he did not offend any of the customers. Richard Gibbons stated that he operates a restaurant in Salem, Nona Rozelli's, and Mr. Weibe has been a customer on numerous occasions. He has always been polite and has been a pleasure to have him at his restaurant. Tom Camas stated that he was at the tavern on the night in question playing pool when Ms. Standridge asked him for ID and he subsequently left the tavern since he did not have his wallet with him at that time. In regards to the loud music, there was a championship match on and the volume had been lowered but she had increased the volume of the music on purpose. 1680 Noone in the audience spoke in opposition to the license application. Councilor Jennings questioned owner Tina Wiltsey as to the location of the Last Chance tavern and regarding specific statements she had made in the report. Ms. Wiltsey stated that she is the realtor for this transaction plus she is the owner of the Raven Inn tavern, therefore, she is quite involved with this transaction. The Last Chance is located at 12157 Portland Rd. which is at the Y intersection of just south of Gervais (formerly Checkerboard tavern/Ace's Yellow Rose tavern). She stated that her statement to the police investigator was everything that Darlene Standridge had told her. She stated that Connie Barnett did not want him at the Last Chance since he was passing out his business card. She stated that she was not there at either night and the only thing Page 6 - Council Meeting Minutes, June 23, 1997 .... ~. - - >--.----....... .." COUNCIL MEETING MINUTES June 23, 1997 TAPE READING she knew was what her bartenders had told her. She also stated that there was food at The Raven and it was a matter of Ms. Standridge not wanting to cook. The Mayor declared the public hearing closed, however, Chief Wright requested that he be allowed to give additional testimony for the record. JENNINGS/SIFUENTEZ... hearing be re-opened. The motion passed unanimously. Chief Wright stated that his staff report was completed on May 23rd and delivered to Mr. Weibe by mail. He has admitted to taking medication and an individual has a right to choose how much to take and whether or not to mix medication with alcohol. He finds that it is disconcerting that the seller, Ms. Wiltsey, provided the investigator with certain information, finds out that it is inaccurate, then fails to notify the police investigator of this information. Since all of these witnesses contradict the information provided to the investigator, then, in his opinion, his staff should be given an opportunity to get the truth before a final decision is made by the Council. Brief discussion was held regarding the delay in making a decision to July 28, 1997. 1933 Attorney Reed initially stated that he would object to postponing the decision, however, after further discussion, Mr. Weibe agreed to the delay to July 28, 1997 in order to give the Police Department additional time to investigate the incident. JENNINGS/SIFUENTEZ.... hearing be continued to July 28, 1997 to allow the Police Department to check out the accuracy of the information and look into any other pertinent information. The motion passed unanimously. At 8:06 p.m., the Mayor continued the hearing until July 28, 1997. 2141 TABLED BUSINESS -- COUNCIL BILL 1758 (ORDINANCE INCREASING LOCAL GAS TAX). No action was taken by the Council to remove this item from the table. TABLED BUSINESS -- WOODBURN DOWNTOWN ASSOCIATION REOUEST FOR REMOVAL OF TREES ON FRONT STREET. No action was taken by the Council to remove this item from the table. TABLED BUSINESS -- WOODBURN DOWNTOWN ASSOCIATION REOUEST FOR PARKING RESTRICTIONS. No action was taken by the Council to remove this item from the table. 2145 COUNCIL BILL 1800 - RESOLUTION CERTIFYING CITY'S ELIGmILITY TO RECEIVE STATE SHARED REVENUES DURING FISCAL YEAR 1997-98. Council Bill 1800 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 1800 duly passed. Page 7 - Council Meeting Minutes, June 23, 1997 r .....-..,.........'.-....-... " I ....,. ", COUNCIL MEETING MINUTES June 23, 1997 TAPE READING 2175 COUNCIL BILL 1801 - RESOLUTION DECLARING CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING DURING FISCAL YEAR 1997-98. Councilor Hagenauer introduced Council Bill 1801. 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 Council Bill 1801 duly passed. 2196 COUNCIL BILL 1802 - RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 1996-97. Councilor Hagenauer introduced Council Bill 1802. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1802 passed unanimously. The Mayor declared the bill duly passed. 2224 COUNCIL BILL 1803 - RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS WITHIN A FUND DURING FISCAL YEAR 1996-97. Council Bill 1803 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 1803 duly passed. 2250 COUNCIL BILL 1804 - RESOLUTION ENTERING INTO STATE REVOLVING LOAN AGREEMENT FOR FINANCING WASTEWATER SYSTEM IMPROVEMENTS. Council Bill 1804 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Congratulations were extended to Public Works Director Tiwari in securing the $20,000,000 from the Department of Environmental Quality. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1804 duly passed. 2289 COUNCIL BILL 1805 - RESOLUTION ENTERING INTO A CONSTRUCTION FINANCE AGREEMENT WITH WAREMART. INC. REGARDING IMPROVEMENTS TO HWY. 214/219 AND 1-5 INTERCHANGE REOUlRED BY THE W AREMART DISTRmUTION CENTER CONSTRUCTION. Council Bill 1805 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 bill duly passed. Page 8 - Council Meeting Minutes, June 23, 1997 T ..... 11 I .~-..,. "0, COUNCIL MEETING MINUTES June 23, 1997 TAPE READING 2328 COUNCIL BILL 1806 - RESOLUTION ENTERING INTO A CONSTRUCTION FINANCE AGREEMENT WITH HILLYER'S MID-CITY FORD REGARDING IMPROVEMENTS TO HWY. 219. Council Bill 1806 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 1806 duly passed. 2357 COUNCIL BILL 1807 - RESOLUTION ENTERING INTO AN AGREEMENT WITH THE STATE OF OREGON FOR HIGHWAY 214/219 AND 1-5 INTERCHANGE IMPROVEMENTS REOUIRED BY THE W AREMART DISTRmUTION CENTER CONSTRUCTION. Councilor Hagenauer introduced Council Bill 1807. The bill was read by title only since there were no objections from the Council. Councilor Jennings questioned if this improvement will also include the traffic signal installation on the east side of the 1-5 off-ramp. Staff informed the Council that the east side traffic signal will be installed at a substantially reduced price over the original bid proposal. On roll call vote for final passage, Council Bill 1807 passed unanimously. Mayor Kirksey declared the bill duly passed. 2408 COUNCIL BILL 1808 - RESOLUTION AUTHORIZING AN ADDENDUM TO AN AGREEMENT WITH MOSS ADAMS FOR DATA PROCESSING PROFESSIONAL SERVICES. Council Bill 1808 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 Council Bill 1808 duly passed. 2455 CONTRACT AWARD - WOODLAND AVENUE. HIGHWAY 214/219. AND 1-5 INTERCHANGE IMPROVEMENTS. Bids were received from the following contractors for the road improvements to Woodland Avenue, Highway 214/219 improvements, widening improvements to the northbound offramp, and traffic light installation at the northbound offramp and Hwy. 214: Emery & Sons Construction, $1,002,507.00; M.L. Houck construction, $1,071,149.25; Morse Bros., $1,104,489.00; Canby Excavating, $1,135,645.85; North Santiam Paving Co., $1,313,451.50. The low bid was 26.2% below the engineer's estimate of $1,358.553.50. JENNINGS/FIGLEy.... contract be awarded to Emery & Sons Construction in the amount of $1,002,507.00. The motion passed unanimously. Page 9 - Council Meeting Minutes, June 23, 1997 1 .. ..- ..". 11 T --..;..,.. .... COUNCIL MEETING MINUTES June 23, 1997 TAPE READING 2470 APPROVAL OF RESTRICTED PARKING ON GATCH STREET NEAR JOHNSON STREET. Residents in this area have expressed concerns regarding congestion and reduced site visibility due to parked cars on the west side of Gatch Street at the Johnson Street intersection. JENNINGS/PUGH... staff recommendation to restrict parking along an area of Gatch Street at the intersection of Johnson Street be approved. The motion passed unanimously. 2486 PARK AND RECREATION INDEPENDENT CONTRACTOR CONTRACT RE: ANN FINCH. Administrator Childs recommended the acceptance of a independent contractor contract with Ann Finch who offers dance classes through the City's Recreation program. JENNINGS/FIGLEY... contract between Parks & Recreation and Ann Finch be approved. The motion passed unanimously. 2500 REOUEST FOR EXTENSION OF LIABILITY INSURANCE COVERAGE AND SOUND AMPLIFICATION PERMIT - 4TH OF JULY CELEBRATION. A request for extension of the City's Liability insurance to cover activities associated with the 4th of July Picnic and Fireworks was made by ChainnanlCoordinator Don Eubank. This event is co-sponsored by the City and Kiwanis Clubs and is held at the Woodburn High School athletic field. Liability and Workers Compensation insurance coverage has been purchased through the fireworks vendor which will be in effect during the fireworks display only. A request was also made to use sound amplification equipment during the day and evening activities. JENNINGS/FIGLEy.... extend the City's liability insurance coverage for the July 4th activities and authorize the use sound amplification equipment for the activities from approximately 10:00 am and 11:00 pm. The motion passed unanimously. 2516 REOUEST FOR SOUND AMPLIFICATION PERMIT FOR LffiRARY ACTIVITIES. The Police Department recommended that the request submitted by Librarian Mary Parra for use of sound amplification equipment for library activates at Library Park on the following dates be approved: June 25th from 7 pm to 8pm; July 10th from 3 pm to 5 pm; July 22nd from 7 pm to 8 pm; and July 30th from 7 pm to 8 pm. JENNINGS/FIGLEy.... approve the request for pennission to use sound amplification on the dates and times listed above. The motion passed unanimously. Page 10 - Council Meeting Minutes, June 23, 1997 r ..__.~ ..,...-. ~ . ._--~'''''' .., COUNCIL MEETING MINUTES June 23, 1997 TAPE READING 2530 REVISIONS TO DISCHARGE OF WEAPONS PROVISION OF ORDINANCE 1900. The Police Chief's staff report briefly addressed the concern regarding ceremonial discharge of firearms conducted at a cemetery within the city limits. He recommended that the City Attorney be authorized to draft an ordinance amendment that would allow ceremonial discharge of firearms at a funeral service provided that the arrangements for such service is through a state licensed funeral home and blank ammunition is used by the honor guard. JENNINGS/PUGH... accept the Police Chief's recommendation and authorize the City Attorney to develop the amendment to Ordinance 1900. Councilor Jennings questioned if the Police Department would approve any requests for the ceremonial discharge of a firearm prior to the adoption of an ordinance amendment. He stated that he was under the impression that an amendment would have been before them at this meeting and he is anxious to get the amendment adopted by the Council. Chief Wright stated that he is unable to answer the question, however, as stated in the memo, there are approximately 30 services annually at the cemetery of which 3 or 4 involve honor guards. The motion passed unanimously. 2612 CLARIFICATION OF FORMATION AND SCOPE OF COMMITTEE TO HIRE A PARK & RECREATION DIRECTOR. Mayor Kirksey stated that she would like clarification on this issue. Councilor Jennings stated that his motion was for the Mayor to appoint 2 members from the Council and 2 members from the Park Board. Councilor Sifuentez suggested that the City work closer with the School District especially in the area of Parks and Recreation and recommended that a School District representative be part of the panel. Administrator Childs stated that there is some time before the interview process begins and he did not object participation by a School District representative in this process. Councilor Jennings stated that his motion was meant as a minimum and it would not preclude the appointment of more panel members. 2725 REOUEST FOR TEMPORARY STREET CLOSURE - ALEXANDRA COURT. Residents of Alexandra Court are requesting the closure of their street for their annual July 4th block party between the hours of 10:00 am to 11 :00 pm. Staff recommended that the request be granted. JENNINGS/FIGLEY... authorize the temporary closure of Alexandra Court and allow the street to be barricaded between the hours of 10:00 am and 11:00 pm, however, emergency traffic will be allowed. The motion passed unanimously. Page 11 - Council Meeting Minutes, June 23, 1997 T .-.. 'or - . --....,. ^"" COUNCIL MEETING MINUTES June 23, 1997 TAPE READING 2739 MAJOR PARTITION ACTION. The Planning Commission approved, with conditions, a 3-lot partition submitted by Capital Development. The site plan, which was included in the packet, provides for residential multi-family zoning in Parcels 1 & 2 and a combination of commercial, multi- family, and single family residential in Parcel 3. If the Council takes no action on this partition, then the Planning Commission President may sign the final plat within 30 days from the June 12th preliminary approval date. Councilor Figley questioned if the zoning changes are consistent with policy previously established by the Commission and Council. Community Development Director Goeckritz stated that the zoning concept is consistent in this case that being commercial zoning will be located next to the freeway, then multi- family residential, followed by single-family residential abutting the major portion of Evergreen Road extension. No action was taken by the Council on this issue. 2839 STAFF REPORTS. A) SENIOR ESTATES PARK TITLE REPORT. --- First American Title researched the title for this property which showed that there are conditions and restrictions involving the common areas. Councilor Figley stated that she agreed with the report with one exception that being the subdivision plat in which Lot 23 (Senior Estates Park) is not referred in the report. The verbiage on the plat that dedicates the lot".. .to public use forever the streets, easements and park area shown hereon... " . She stated that this was not verbiage that she would like to see since it is not an actual deed to the property. In her opinion, issues that need to be addressed include 1) what kind of control could the Council yield to a private association, and 2) whether to perfect our own records and the original intent of the developer at the time of filing by trying to obtain a deed from Senior Estates, Inc.. She stated that if she was doing the title work, she would have shown the ownership as Senior Estates Inc. since they are the last holders of a deed. Tape 2 If the Council decides to pursue obtaining a deed, contact will need to be made with the corporation division to ascertain who the signers are for Senior Estates Inc. Preston Tack stated that it needs to be determined if it is Senior Estates Inc. or Senior Estates Golf & Country Club which is the legal name for the residents and whether or not there is a successor corporation involved. Councilor Figley reiterated the two issues that need to be addressed by the City. 0103 B) REQUEST FOR PROPOSAL FOR COMPUTER HARDWARE, SOF1WARE, AND INSTALLATION -- A memo from Finance Director Gillespie summarized the schedule for receipt of proposals and interviewing vendors for the purchase and installation of 5 networks servers. It is anticipated that a proposed contract will be submitted to the Council for their consideration at the first meeting of September. Page 12 - Council Meeting Minutes, June 23, 1997 T .~ ...>. ..,.._."'.., ....._e_ , ....~._..'.'m~..__..._._.....,.,.~.. ~'_"._.."._.____ _'_"_'__._ - . -.......,.. .." COUNCIL MEETING MINUTES June 23, 1997 TAPE READING C) RECREATION PROGRAM CONTRACT FORM -- A staff report from Administrator Childs recommends that the standard fonn of contract that has been utilized by the Department in the past be used in all future contracts with recreation program contractors and the Park & Recreation Director continue to be responsible for securing these contracts before programs are offered to the public. D) UNITED DISPOSAL SERVICE REQUEST FOR RATE MODIFICATIONS AND IMPLEMENTATION OF YARD WASTE RECYCLING PROGRAM --- A request has been submitted by UDS to proceed with a rate review process per the City's franchise ordinance since a Council decision on this issue is necessary before equipment is ordered to implement a citywide yard waste recycling program. A public hearing on this issue will be held in August or early September. 0110 ADMINISTRATOR'S REPORT. Administrator Childs referred to the large agenda packet that was provided to the Council for this meeting and he stated that it was the largest packet that he knows of since he has been Administrator. In regards to length of time for a regular Council meeting, the record to date is 23 minutes. 0165 MAYOR AND COUNCIL REPORTS. Mayor Kirksey stated that she has a concern regarding Ordinance 1841 which allows for use of golf carts on city streets within Senior Estates. In her opinion, this ordinance should be broadened so that other residents who live within the City can use their golf carts to get to the golf course provided that they do not drive the cart on a State Highway. Several residents who do not live in Senior Estates live within the 1/2 radius described within the ordinance, however, they are not extended the same privilege of driving their golf cart on city streets without having a license through the Department of Motor Vehicles. She stated that she had discussed this with the Police Chief, however, she feels that the staff should look into this issue further. Councilor Jennings stated that the Transportation Task Force had reviewed this issue in great depth and found that there were a lot of ramifications to this issue. He stated that the Plan does include language regarding the use of golf carts on city streets and he emphasized his objection to opening up all of the city streets for golf cart usage unless proper licensing is obtained. Chief Wright stated that golf carts can be driven in Plats 1-7 A in Senior Estates, however, they cannot cross the State Highway. Under DMV motor vehicle laws, the golf cart can be licensed and operated on all streets provided that a triangular slow moving sign is displayed if the vehicle is going less than 15 MPH. If operating the golf cart on any street outside of the exemption area, the driver must have a driver's license, insurance, and vehicle registration as required by motor vehicle laws. Page 13 - Council Meeting Minutes, June 23, 1997 T -.".-.- 11 I ^--...,. "', COUNCIL MEETING MINUTES June 23, 1997 TAPE READING Mayor Kirksey stated that the confusion seems to be in the wording of the ordinance which implies that if you are within a 1/2 mile of the golf course but outside of Senior Estates that you should be able to operate the golf cart without having the required DMV licenses. 0365 ADJOURNMENT. JENNINGS/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:40 p.m.. Af!\OVED ~~ ~ NANCY A. KIRKSE A YOR ATTEST fY/~~ Mary Te nt, Recorder City of Woodburn, Oregon Page 14 - Council Meeting Minutes, June 23, 1997 r , .".- pO"..'T"."" '.,".~., .. . ."-