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Minutes - 07/14/1997 ." COUNCIL MEETING MINUTES July 14, 1997 TAPE READING DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 14, 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 S ifuentez Present Present Present 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, Public Works Manager Rolunan, City Recorder Tennant It was noted for the record that the tape recorder normally used to record Council meetings was not working and another recorder was being used that did not have a tape counter. Administrator Childs requested that item 10(0) (Council Bill to amend Ordinance 2187 relating to interim telecommunications facilities regulations) be added to the agenda. Mayor Kirksey stated that she would include it as an agenda item. MINUTES. JENNINGS/PUGH... approve the Council workshop and special meeting minutes of June 2, 16, & 30, 1997; approve the Council regular meeting minutes of June 23, 1997; and accept the Planning Commission minutes of June 26, 1997. The motion passed unanimously. ANNOUNCEMENTS. A) Liquor License Application for the Raven Inn Tavern -- Council discussion on this issue will continue on July 28, 1997 at 7:00 p.m.. Page 1 - Council Meeting Minutes, July 14, 1997 ,. . '1""--"'"'-.--''''' '11 . . -...---,.. ..." COUNCIL MEETING MINUTES July 14. 1997 TAPE READING PROCLAMATION - NATIONAL NIGHT OUT. Mayor Kirksey read the proclamation designating Tuesday, August 5, 1997, as NATIONAL NIGHT OUT in the City and urged local residents to participate in cooperative police-community crime and drug prevention programs, CHAMBER OF COMMERCE REPORT. Dr. Jack Reeves, Chamber representative, reminded the Council of the following events: I) Chamber at the Drags - July 23rd, 5:00 p.m.; and 2) Chamber Golf Tournament - August 8th at Tukwila. Mayor Kirksey stated that Council President Jennings will participate in the race since she will be out of town on July 23rd. She also stated that the cars are provided by Hershberger Motors. Tom Waggoner, 849 Woodland, requested City participation in a project to beautify the median strip on Woodland Avenue by providing materials for an underground watering system in addition to boring under the roadway in order to get water to the median strip. He stated that a local resident in the area began maintaining the median strip about 15 years ago. He has since passed away and other local residents are willing to volunteer their time on the upkeep of the strip, however, they would like to have water made available in order to maintain healthy plants. He, along with a few other local residents, are willing to install the watering system for the City. During a brief discussion on this proposal, Mayor Kirksey stated that costs for the materials and boring need to be determined before any decision is made on this project. She also suggested that staff may be able to apply for grant funds to help offset costs since City funds are limited. Administrator Childs stated that this idea was brought up before the Council about 2 years ago. The major expense to the City would be boring under the roadway. He will try to have a report back to the Council by the next meeting. TABLED BUSINESS. A) COUNCIL BILL 1758 - ORDINANCE INCREASING LOCAL GAS TAX -- No action was taken by the Council to remove this item from the table. Councilor Jennings stated that the State legislature took no action on a state-wide transportation package, therefore, the City's proposed increase should be brought back to the Council for some action within the near future. Since the Council had agreed to give the public 30 days notice of when this issue would be brought up for consideration, he suggested that the Council consider removing this item from the table on August 11, 1997. Page 2 - Council Meeting Minutes, July 14, 1997 .-...,.. '."1 COUNCIL MEETING MINUTES July 14, 1997 TAPE READING Mayor Kirksey stated that copies of the draft ordinance have been given to the Council and if the public has any questions or comments, they should contact herself or their Councilor prior to the August 11th meeting date. B) WOODBURN DOWNTOWN ASSOCIATION REQUEST FOR REMOVAL OF TREES ON FRONT STREET -- No action was taken to remove this item from the table. Mayor Kirksey stated that the trees in front of the Museum have been trimmed by Museum volunteers and she stated that she will be pursuing this issue with other local downtown business owners when she gets back from her vacation. C) WOODBURN DOWNTOWN ASSOCIATION REQUEST FOR PARKING RESTRICTIONS -- No action was taken by the Council to remove this item from the table. COUNCIL BILL 1811 - ORDINANCE AMENDING SECTION 5 OF ORDINANCE 1900 (DISCHARGE OF WEAPONS). Council Bill 1811 was introduced by Councilor Hagenauer. The two readings of the bill were read by title only since there were no objections from the Council. Attorney Shields stated that this ordinance would allow for ceremonial discharges of firearms utilizing blank ammunition at funerals at cemeteries inside the City provided that they are arranged through a state licensed funeral home and the Police Chief is notified in advance of the service. All other requests for ceremonial discharges of a firearm must follow a permit process and Council approval is necessary before a permit is issued. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1811 duly passed with the emergency clause. COUNCIL BILL 1812 - RESOLUTION AUTHORIZING INTERFUND BORROWING OF FUNDS AT JUNE 30. 1997. Council Bill 1812 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Finance Director Gillespie stated that he had distributed copies of a revised bill to the Council which increased the loan amount to RSVP from $23,000 to $28,000. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1812 duly passed. COUNCIL BILL 1813 - RESOLUTION AUTHORIZING INTERFUND BORROWING OF FUNDS DURING FISCAL YEAR 1997-98, Councilor Hagenauer introduced Council Bill 1813. 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 1813 duly passed. Page 3 - Council Meeting Minutes, July 14, 1997 .. ~ ....--_.... Om. T"~"""- .~-,_._.. - .~.~_.._.- ...., .., --- " . -..._-~ COUNCIL MEETING MINUTES July 14, 1997 TAPE READING COUNCIL BILL 1814 - RESOLUTION ENTERING INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH MURRAy, SMITH & ASSOC, RE: MAINTENANCE WORK ON WATER STORAGE RESERVOIR. Council Bill 1814 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Jennings questioned the type of work the consultants would be perfonning. Public Works Manager Rohman stated that painting the water reservoir involves technical issues which requires assistance from professional engineers who specialize in this field. Issues to be addressed in the final specifications include paint types, thickness of paint, overspray issues, specific equipment to be used, and other related items. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1814 duly passed. Mayor Kirksey declared Council Bill 1814 duly passed. COUNCIL BILL 1815 - RESOLUTION ENTERING INTO AN AGREEMENT WITH PACIFIC NETCOM. INC. FOR TELECOMMUNICATIONS CONSULTING SERVICES. Council Bill 1815 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Administrator Childs stated that this agreement involves the engineering portion of developing the specifications for a new telephone system. He stated that the telephone system needs to be upgraded and, once the report is completed and estimated costs are known, it may be feasible to begin the upgrades later this fiscal year. Funds have been budgeted for the engineering along with some additional appropriations towards the future purchase of a new system. Councilor Pugh expressed his opinion that staff is premature in starting on this project and he suggested a six to nine month wait since technological changes occur rapidly in this area. Mayor Kirksey expressed her opinion that the current telephone system is obsolete and she is greatly concerned about a system crash in which parts will not be available in order to repair the system. Councilor Figley also expressed concern over a potential telephone system breakdown and felt that completing the design of a new system now will give the City an opportunity to rapidly move on an emergency purchase of a new system if that becomes necessary . Councilor Jennings also expressed his opinion that the current system needs to be replaced and felt that the City should go ahead with the design phase. On roll call vote for final passage, the Council Bill 1815 passed 5-1 with Councilor Pugh voting nay. Mayor Kirksey declared the bill duly passed. Page 4 - Council Meeting Minutes, July 14, 1997 T .. 11 I ..~~ ", COUNCIL MEETING MINUTES July 14, 1997 TAPE READING PAYMENT AUTHORIZATION FOR EMERGENCY REPAIR OF MILL CREEK PUMP STATION #2. A staff memo outlined the repairs that were made to the pump case, drive shaft, and bearings on a pump that is located at one of the City's major pump stations. JENNINGS/PUGH... authorize the payment of $9,382.67 to Stettler Supply Company for repair of Mill Creek Pump #2. The motion passed unanimously. CONTRACT AWARD -- DOWNTOWN ALLEY REHABILITATION PROJECT. Bids for the downtown alley project were received from the following contractors: Ge1co Construction, $159,459.75; and D & D Concrete Utilities, $165,227.50. The engineer's estimate for this project was $144,725.00. Staff recommended acceptance of the low bid since it was within 10% of the engineer's estimate. JENNINGS/FIGLEY..., award the contract to the low bidder, Ge1co Construction, in the amount of $159,459.75 for construction of the Alley Rehabilitation improvements project. The motion passed unanimously. ACCEPTANCE OF UTILITY EASEMENTS ON ASTOR WAY. Staff recommended the acceptance of easements from J.D. Mitchoff and William & Naomi Swanson which are necessary for the alignment of the sanitary sewer force main and gravity sewer from W. Lincoln near Cascade to an existing line at Boones Ferry and Goose Creek. JENNINGS/FIGLEy.... accept the utility easements as recommended by staff. The motion passed unanimously. ACCEPTANCE OF WARRANTY DEED - BLOCK "A" IN FIRST ADDITION TO MAUNA KAE PARK (MARCEL DRIVE). Staff recommended the acceptance of a Warranty Deed from Shirley D. Rose for a one foot by sixty foot spite strip which had been originally been intended to be given to the City on the plat but never legally transferred. JENNINGS/FIGLEy.... accept the staff recommendation and accept the warranty deed from Shirley Rose for property located at the end of Marcel Drive which will become a part of the Marcel Drive right-of-way. The motion passed unanimously. ACCEPTANCE OF PUBLIC RIGHT-OF-WAY AND UTILITY EASEMENT NORTH OF PROPOSED ROBIN AVENUE. Staff recommended the acceptance of public right-of-way (warranty deed) and utility easement from Robert Miles which is in conjunction with the Miles Chevrolet development. The area north of the proposed Robin Avenue (between Woodland Ave and Arney Rd) is a designated wetlands area and the right-of-way is being conveyed for drainage purposes while the utility easement is adjacent to Woodland Ave. and is being conveyed for utility and sidewalk purposes. Page 5 - Council Meeting Minutes, July 14, 1997 - - . ~ , COUNCIL MEETING MINUTES July 14, 1997 TAPE READING JENNINGS/FIGLEy.... accept staff recommendation and accept the warranty deeds for public right-of-way and the utility easement from Robert Miles. The motion passed unanimously. APPROVAL OF CONNECTION TO CITY SERVICES -- 1570 BLAINE STREET. Councilor Jennings questioned if annexation of this property would make the current city boundary zigzag in this area. Public Works Director Tiwari stated that the request for connection is due to a potential health hazard issue. Past policy has been to establish conditions for connection one of which is annexation to the City. The property owner has signed the annexation application and a non-remonstrance consent for improvements on the future extension of E. Blain Street and Aztec Drive. The area proposed for annexation is located within the Urban Growth Boundary but does not abut current City boundaries. He also stated that there is a development being proposed in this area which is in the site plan review process. Councilor Jennings stated that he was concern regarding the property tax issues involved with annexations now that Ballot Measure 47/50 has been passed by the voters. Attorney Shields stated that he was in the process of preparing an informational item for a future agenda packet on this issue, however, he would expedite his research since there are Council concerns on property taxes assessed to annexed areas. JENNINGS/SIFUENTEZ.... table this issue until the next regular meeting. The motion passed unanimously. SOUND AMPLIFICATION REOUEST FOR FIESTA MEXICANA CELEBRATION. The Woodburn Latin American Club requested permission to use sound amplification equipment during their annual event which is held at Legion Park July 31, 1997 through August 3, 1997. Staff recommended the approval of the request for the following dates and times: July 31st, 6:00 pm to 10:00 pm; August 1st, 10:00 am to 11:00 pm; August 2nd, 10:00 am to 11:00 pm; and August 3rd, 10:00 am to 10:00 pm. JENNINGS/FIGLEy.... request for a sound amplification permit submitted by the Woodburn Latin American Club for the above dates and times be approved. The motion passed unanimously. SOUND AMPLIFICATION PERMIT - CENTRO CRISTIANO A/G CHURCH. The Centro Cristiano A/G Church submitted a request for sound amplification permits for July 19th, 4:30 pm to 8:30 pm (Library Park) and July 20th, 4:30 pm to 8:30 pm (church site located at 275 W. Lincoln St) for an outdoor service and celebration following the renovation of their church building. Staff recommended issuance of the sound amplification permit. Page 6 - Council Meeting Minutes, July 14, 1997 , .,. .. . -_..~ ..." COUNCIL MEETING MINUTES July 14, 1997 TAPE READING JENNINGS/FIGLEy.... request for a sound amplification permit submitted by Centro Cristiano A/G Church for the dates, times, and locations listed above be approved. The motion passed unanimously. REOUEST TO GIVE POLICE CHIEF AUTHORITY TO AUTHORIZE TEMPORARY STREET CLOSURES RE: NATIONAL NIGHT OUT, Chief Wright requested authority to authorize street closures on Tuesday, August 5, 1997, from 6:00 pm to 10:00 pm, to accommodate citizens who request closure of their streets for the purpose of holding block parties in conjunction with the "14th Annual National Night Out". JENNINGS/HAGENAUER.... Police Chief be given authority to authorize street closures for August 5, 1997 between the hours of 6:00 pm and 10:00 pm and encourage all citizens to participate in the National Night Out event. The motion passed unanimously. COUNCIL BILL 1816 - ORDINANCE AMENDING ORDINANCE 2187 (INTERIM TELECOMMUNICATIONS FACILITIES REGULATIONS) TO EXTEND THE REPEAL DATE. Council Bill 1816 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1816 duly passed with the emergency clause. SITE PLAN ACTIONS. A) PLANNED UNIT DEVELOPMENT - STAGE II DESIGN REVIEW, GREENS AT TUKWlLA -- The Planning Commission approved Phase I of this proposed subdivision, with conditions, on June 26, 1997. No action was taken by the Council on this proposed development. STAFF REPORTS. A) LAND USE BOARD OF APPEALS (LUBA) REMAND --- The City has received notice from LUBA that Gary LaPoint's Texaco/Exxon site plan review has been remanded back to the City for review. Director Goeckritz stated that he will be discussing this issue with our City Attorney and the applicant to as to how and when the City should proceed with this application. B) HOUSING REHABILITATION GRANT A WARD --- Councilor Figley informed the public that the City has been awarded another $500,000 in housing rehabilitation grant funds from the Oregon Department of Community Development. She stated that if a qualified resident currently has an application on file. funds will soon be released for upgrading their homes. She also urged other urged other local residents interested in this program to contact the City for an application. With this recent grant award, the Page 7 - Council Meeting Minutes, July 14, 1997 T . 11 I ~ '" COUNCIL MEETING MINUTES July 14, 1997 TAPE READING City has been awarded approximately $2,000,000 from the state in housing grants that have been used to upgrade approximately 140 dwellings within the City. C) WATER SUPPLY TO CENTENNIAL PARK --- Councilor Figley stated that the City Administrator and staff followed up on the Committee's initial discussion on the water supply issue. In summary, the water main along Parr Rd will be extended to Centennial Park as part of the Parr Rd project which is currently underway. Public Works and Parks will share equally in the costs. It is estimated that the Parks Departments share will be $10,000 and Parks SDC funds will be used for this project. In a memo from Administrator Childs, he updated the Council on the other infrastructure components that are being researched and, hopefully, forthcoming in the near future. D) AQUATIC CENTER UPDATE --- In a memo from Administrator Childs, he informed the Council that the ratio of revenues to operation & maintenance has increased from 39% to 50% in May and June 1997. Attendance has increased coupled with a snack concession sales program which alone is clearing $60-$75 per day. Staff is also in the process of finalizing an agreement with Image Resources for development of a marketing plan for the Center. E) UPDATE ON SUMMER WATER USE --- Public Works Manager Rohman stated that July and August are peak months for water usage within the City. He emphasized that there is no shortage of water for domestic use, however, he suggested that customers try to conserve during these months. He reminded the public that the best time to water yards and gardens is during the cooler part of the day, generally between 10:00 pm and 10:00 am. Reducing the amount of water used between 4:00 pm and 10:00 pm will reserve an adequate supply of water to meet both customer needs and sufficient reserve capacity to meet potential fire needs. F) BUILDING ACTIVITY REPORT FOR JUNE 1997. ADMINISTRATOR'S REPORT. Administrator Childs commended the organizers and other volunteers who worked to put on the annual 4th of July picnic, breakfast, and fireworks display. He also commended Dr. Reeves for his work in administering the school construction projects and he expressed his appreciation to the Statesman Journal for their recent news article on the construction project along with their recognizing that good things are happening in Woodburn. MAYOR AND COUNCIL REPORTS. Councilor Figley expressed her appreciation to Don Eubank and Vee Ott who are the two key individuals that should be recognized for the job they do every year in organizing the 4th of July picnic and fireworks. She also stated that the comments she Page 8 - Council Meeting Minutes, July 14, 1997 ,. .. ~ . ,-_.,.~--. '-"'\ COUNCIL MEETING MINUTES July 14, 1997 TAPE READING had made to the Woodburn Independent reporter regarding Public Works Director Tiwari are absolutely true and he deserves recognition for his work. Councilor Jennings stated that the next "Let's Communicate" show will be on the Community Action Vehicle (C.A.V.) on July 24th between 7:00 pm and 7:45 pm. He has heard numerous positive comments from individuals who have seen the vehicle at various events and/or locations within the City. He also stated that his son had retired on July 3rd at a ceremony held on the USS Missouri and the flag ceremony was an emotional moment. Councilor Hagenauer questioned what, if anything, can be done to help the residents who live on the north side of Cleveland Street just south of Gatch Street to obtain access to their property. Public Works Manager Rohman stated that the property owners need to work it out with Willamette Valley Railroad. The property owners are granted access the tracks to get to their property and, with the recent replacement of the tracks, it is the owners responsibility to replace the crossing with either wood or asphalt. Director Tiwari stated that there are two different types of railroad crossings - public and private. The private crossings are at the mercy of the railroad and the property owner needs to deal directly with the railroad in order to get permission to cross the railroad tracks. He stated that at least two properties along the north side of Cleveland Street are landlocked since there only access to their residence is by using Cleveland Street. He stated that staff will continue to work with both the railroad and property owners to try and solve this situation. Councilor Hagenauer also questioned the status of the building on Lincoln Street near Corby Street which is partially torn down. Director Goeckritz stated that the owner has obtained a building permit which is good for six months and can be extended for another six month period. It is his understanding that the owner is completing a contract over at the coast and, once he is done with that project, he will be back to complete his project on Lincoln Street. He stated that nothing can be done as long as the proper permits are secured. Concern was expressed regarding the present condition of the structure and property which, in their opinions, could be classified as either a nuisance or dangerous building. Councilor Sifuentez stated that she had received a call from a family who lives along N. Front Street but is unable to park vehicles along Front Street due to the designated "No Parking" area. She questioned if there could be limitations placed on the "No Parking" area so that they could utilize the area on Sundays when they have family gatherings. Director Tiwari stated that the area had been designated as "No Parking" in order to provide kids an area in which they could walk safely to school. He suggested that the property owner send a letter to his office requesting modification of the parking Page 9 - Council Meeting Minutes, July 14, 1997 T .. 11 I ......-----.,.. COUNCIL MEETING MINUTES July 14, 1997 TAPE READING restriction and staff will look into the traffic issue to see if there is an alternative available. Councilor Chadwick stated that she had attended the "Burning of the Mortgage" at the World's Berry Center Museum last Thursday and she was impressed with community involvement in raising funds for the purchase of the building and maintenance of the museum and volunteers to staff the museum. Mayor Kirksey informed the public that the City has paid off the mortgage for the two buildings which house the museum. Funds have been raised by dedicated community volunteers to make the annual payments. She also stated that the museum is a recipient of a $75,000 grant for a new roof. Mayor Kirksey stated that she had attended the Mid Willamette Valley Transportation Committee meeting last week and the City of Newberg has proposed a toll road from Dundee to come across to McKay Rd then down along the Willamette River to connect to 1-5. The Committee objects to this proposal since it will increase traffic in other areas of the county and it will take away many acres of farmland in order to build this toll road. Mayor Kirksey also stated that she had been approached by an individual who felt that the City should have a 10-year plan for Legion Park which involves the removal of all trees in the park since limbs could fall and hurt someone. Mayor Kirksey stated that she will be out of town for 10 days traveling with her grandson to Maine. Councilor Jennings stated that he would be unable to attend the Open House at the North Marion Resource Center on July 16th from 11:00 am to 1:30 pm.. Councilors Sifuentez and Chadwick stated that they would try to attend the function. ADJOURNMENT. JENNINGS/FIGLEy.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:01 p.m.. APPROVED#~IY~ NANCY A. KI EY, MAYOR . / ATTEST Mary Te nt, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, July 14, 1997 T .. ___' .,,__ ...,......._ ..__<..__~,_.._ ,...~_m _, __""~_"__' _._'_~_"'" , 11 I --~.