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Minutes - 09/22/1997 TAPE READING 0001 0005 0032 0041 COUNCIL MEETING MINUTES September 22, 1997 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 22, 1997. CONVENED. The Council met in regular session at 7:00 p.m. with Council President Jennings presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Absent Present Absent Present Present Absent Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Finance Director Gillespie, Library Director Sprauer, City Recorder Tennant Council President Jennings stated that Mayor Kirksey was out of town and Councilors Figley and Pugh were unable to attend this meeting. MINUTES. SIFUENTEZ/HAGENAUER.... approve the Council minutes of September 8, 1997, the Planning Commission minutes of August 8, 1997, and the Recreation and Park Board minutes of August 13, 1997. The motion passed unanimously. PROCLAMATION: CRIME PREVENTION MONTH - OCTOBER 1997. Council President Jennings read the proclamation issued by Mayor Kirksey declaring the month of October 1997 as Crime Prevention Month within the City. ANNOUNCEMENTS. A) PUBLIC HEARING ON ZONE CHANGE SUBMITTED BY HERSHBERGER MOTORS: The City Council will hold a public hearing on October 13, 1997, 7:00 p.m., in the City Hall Council Chambers. B) PUBLIC HEARING ON APPEAL OF SIGN ORDINANCE - A public hearing will be held before the City Council on October 13, 1997, 7:00 p.m., in the City Hall Council Chambers. Page 1 - Council Meeting Minutes, September 22, 1997 - - TAPE READING 0127 0164 0250 0309 COUNCIL MEETING MINUTES September 22, 1997 C) WOODBURN HUMAN RIGHTS COMMISSION SEEKS NOMINATION FOR FIRST ANNUAL AWARDS -- Nominations are being accepted by the Commission for consideration of individuals, families, businesses, or organizations as recipients of the 1997 Human Rights Award. Tina DeCamp, representing the Chamber of Commerce, briefly summarized the upcoming Chamber events: 1) The 4th Annual Business Showcase will be held on October 23rd between 2:00 pm and 6:00 pm at the Woodburn Armory. This event is open to the public. 2) Chamber Education Committee and Woodburn High School are co-sponsoring a program to enhance student understanding of the employment process and help students make the connection between school and work. 3) A new membership brochure was provided to the Council for their information. CRIME PREVENTION MONTH ACTIVITIES. Chief Wright briefly reviewed the activities scheduled during the month of October in an effort to provide community awareness of crime prevention, health, safety, and community involvement. The activities include 1) a Community Crime Prevention, Health and Safety Fair at the Woodburn Fire Station on October 4th; 2) Youth Soccer Camp on October 18th at Settlemier Park; 3) October 22-31 designated as Red Ribbon Week with a DARE Parade involving the Woodburn Schools on October 29th; and 4) Halloween Safety school assemblies on October 31st at each of the schools. It was also noted that weekly articles on crime prevention topics will be placed in the Woodburn Independent and Youth Citizen Awards will be presented throughout the month. Recipients of the awards will be given bicycles and helmets donated by Walmart. Major crime rate in Woodburn is down and it is with the help of the local citizens that our community is becoming a more safe and secure place in which to live. Frank Connerton, 1427 Ten Oaks Lane, stated that he will have some excess dirt and would like to put it across the street which is in the wetland area. He questioned if it was allowable to place the dirt in that area and, if so, could he plant wildflowers in that area. Public Works Director Tiwari stated that staff will need to look at various maps to determine if the placement of the dirt would be allowable. Staff will contact Mr. Connerton within the next few days. STAFF REPORT ON 1997 HUMAN RIGHTS AWARD. Police Chief Wright stated that the Human Rights Commission is looking for citizens, families, businesses, and organizations Page 2 - Council Meeting Minutes, September 22, 1997 --r- ---<- 'IT I TAPE READING 0293 0760 COUNCIL MEETING MINUTES September 22, 1997 who have done things within the community that deserve recognition for their efforts in leading the way to value diversity and bridging Woodburn's cultural communities. He expressed his appreciation to the Council for appointing this Commission who continues to do an excellent job for the City. Nomination forms are available at City Hall and Community Center. In addition to those locations, the Commission plans to provide nomination forms to service organizations and to solicit businesses to display the place the forms on their business counters. There is no closing date at this time, however, the Commission hopes to present the awards in January. PUBLIC HEARING - LUBA REMAND OF SITE PLAN REVIEW #95-10 (TEXACO/EXXON GAS STATION AND CAR WASH). Council President Jennings declared the public hearing open at 7:15 p.m.. Recorder Tennant read the land use statement required under ORS Chapter 197. He stated that, even though he is officiating the meeting in the absence of the Mayor, he is a voting member of the Council and a Council quorum is present. Community Development Director Goeckritz stated that this is a remand hearing of Site Plan Review #95-10 with the applicant being Gary LaPointe. This is an evidentiary hearing based on the remand from LUBA's final order. He reviewed the staff's new staff report based on the applicant's entirely new application to address the narrative and site plan. The location of the proposed facility is east of Lawson Ave. and south of McDonald's restaurant. The property is designated as Commercial General in which service stations/car washes are permissive uses within that zone designation. Council President Jennings mentioned to the public that LUBA had remanded the issue to the Council, therefore, the new site plan was not reviewed by the Planning Commission prior to this hearing. Director Goeckritz reviewed the site plan elements that need to be met by the applicant and he stated that the all of the standards will be met under the proposed site plan. In regards to a sign permit, the application has been filed, however, there may need to be some minor adjustment to the size of the size so that it does not exceed 75 square feet. The loading requirement was waived by the staff as it was previously done in this case since service stations do not have the same needs as other businesses. He stated that staff feels that the applicant has met all of the standards as required by ordinance and recommend approval of the site plan. Dale Crandall, attorney for Gary LaPointe, stated that it has been 2 years since he had last appeared before the Council on Page 3 - Council Meeting Minutes, September 22, 1997 ..,..-'. .'--'-'.'--'. "11 I TAPE READING 0940 0970 0980 0995 COUNCIL MEETING MINUTES September 22, 1997 this issue. They are in agreement with the staff report and he thanked the staff for preparing a new staff report on this project. In a brief recount of the history of this issue before LUBA, he also suggested that the City consider, as a matter of policy, taking a look at criteria being applied to plot plans in areas that are already properly zoned to see if it is really necessary to submit detailed information on items of lesser importance such as color and texture of building. Limiting the requirements to the most important issues will reduce the opportunity for appeals to LUBA when an applicant submits a site plan for a project on land already properly zoned. No one in the audience spoke either for or against the site plan as presented. Council President Jennings declared the public hearing closed at 7:31 p.m.. SIFUENTEZ/HAGENAUER.... staff prepare an ordinance for findings of fact for approval of Site Plan Review #95-10 and the applicant's attorney be afforded the opportunity for findings and conclusions, and the ordinance be prepared for the October 13, 1997 Council meeting. On roll call vote, the motion passed unanimously. TABLED BUSINESS. A) Woodburn Downtown Association Request for Removal of Trees on Front Street. No action was taken by the Council on this issue. B) Woodburn Downtown Association Request for Parking Restrictions. No action was taken by the Council to remove this item from the table, however, Administrator Childs stated that there would be something in the next agenda packet on this issue. COUNCIL BILL 1827 - ORDINANCE AMENDING THE WATER AND WASTEWATER ELEMENTS OF THE WOODBURN 2000 COMPREHENSIVE PLAN. Councilor Hagenauer introduced Council Bill 1827. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Council President Jennings stated that there was an error in the wording of the second Whereas clause and the words "on August 28, 1997" has been deleted on the bill read by the Recorder. He stated that Attorney Shields has informed him that a motion is not necessary to make this change provided there is a consensus of the Council. It was a consensus of the Council to strike-out the date within the second Whereas clause. Page 4 - Council Meeting Minutes, September 22, 1997 ..,....--"~"~~-_. '!It I TAPE READING 1056 1082 1105 1139 1164 COUNCIL MEETING MINUTES September 22, 1997 On roll call unanimously. duly passed. for final passage, Council bill 1827 passed Council President Jennings declared the bill COUNCIL BILL 1828 - RESOLUTION ENTERING INTO A LAND SALE CONTRACT WITH THE STATE OF OREGON FOR LAND WHICH INCLUDES THE CITY'S WASTEWATER TREATMENT PLANT. Council Bill 1828 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. Council President Jennings declared the bill duly passed. COUNCIL BILL 1829 - RESOLUTION ENTERING INTO A GROUND LEASE WITH THE STATE OF OREGON FOR LAND LOCATED NEAR THE CITY'S WASTEWATER TREATMENT PLANT. Councilor Hagenauer introduced Council Bill 1829. 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. Council President Jennings declared Council Bill 1829 duly passed. COUNCIL BILL 1830 - RESOLUTION ENTERING INTO AN AGREEMENT WITH US WEST COMMUNICATIONS WIRELESS GROUP TO LEASE SPACE ON THE CITY WATER TOWER. Council Bill 1830 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, Council Bill 1830 passed unanimously. Council President Jennings declared the bill duly passed. REOUEST FOR SOUND AMPLIFICATION PERMIT. The Farmworker Housing Development Corporation requested permission to use sound amplification equipment on October 4th for their opening celebration at Esperanza Court, 160 W. Cleveland Street. SIFUENTEZ/CHADWICK.... approve the request for a sound amplification permit for Saturday, October 4, 1997, between the hours of 2:00 pm and 6:30 pm, at Esperanza Court. The motion passed unanimously. BID AWARD #98-03 -- MUSEUM ROOF REPAIR. Bids were received from the following contractors: All American Roofing, $8,600.00; Coyle Contracting, $9,400.00; and MD&D Construction, $10,915.00. The Fred Meyer Foundation had awarded the City a $7,500.00 grant towards the re- roofing/repair project at the World's Berry Center Museum/Bungalow Theater complex. The Museum Board of Directors has agreed to pay approximately $385 towards the Page 5 - Council Meeting Minutes, September 22, 1997 TAPE READING 1205 1224 1245 1270 1295 COUNCIL MEETING MINUTES September 22, 1997 project with the Park Fund paying balance of the contract award. HAGENAUER/SIFUENTEZ.... award the contract to the low bidder, All American Roofing, in the amount of $8,600.00 for the Museum roof repair. The motion passed unanimously. LIOUOR LICENSE CHANGE OF OWNERSHIP - SALVADOR'S BAKERY, 405 N. FIRST STREET. Chief Wright recommended a favorable recommendation be forwarded to OLCC for a package store liquor license change in ownership application submitted by Salvador Larios. HAGENAUER/SIFUENTEZ.... provide a favorable recommendation to the Oregon Liquor Control Commission for the change of ownership for Salvador's Bakery, 405 N. First Street. The motion passed unanimously. LIOUOR LICENSE APPLICATION (ADDITION OF PARTNER) - SALVADOR'S BAKERY III, 320 N. PACIFIC HIGHWAY. Chief Wright recommended a favorable recommendation be forwarded to OLCC for the addition of a partner, Felipe Quintero, to Salvador's Bakery III package store liquor license. HAGENAUER/SIFUENTEZ... provide a favorable recommendation to the Oregon Liquor Control Commission for the addition of Felipe Quintero to the package store liquor license of Salvador's Bakery III. The motion passed unanimously. NON-PROFIT SOLICITATION REOUEST FROM REPRESENTATIVES OF THE HUMANE SOCIETY. A letter was received from Barbara Cannon, 501 Marshall, requesting permission to solicit donations from local residents for the purpose of raising funds for cat spay/neuter certificates as part of the annual Humane Society's Save the Felines catwalk on October 11, 1997. Staff recommended that the request be granted and solicitation fees be waived. HAGENAUER/SIFUENTEZ.... pursuant to Ordinance No. 1187, authorize the solicitation activities and waiver of permit fees for fundraising by a representative of the Humane Society of the willamette Valley. The motion passed unanimously. APPROVAL OF CLAIMS FOR THE MONTH OF AUGUST 1997. SIFUENTEZ/CHADWICK... approve claims #37884 - #38213 for the month of August 1997. The motion passed unanimously. STAFF REPORTS. A) REPORT FROM CITY ATTORNEY CONCERNING SENIOR ESTATES PARK - - The report addressed legal issues regarding the dedication of the Senior Estates Park to the City on the City plat which was recorded in the 1960's. Currently, there is no recorded deed, however, the plat dedicates to the public forever the Page 6 - Council Meeting Minutes, September 22, 1997 'r-' '" . TAPE READING 1378 COUNCIL MEETING MINUTES September 22, 1997 streets, easements, and park area shown on the plat. As trustee, the City could enter into an agreement with a private entity to maintain the neighborhood park provided that it remain a public park. Within his memo, Attorney Shields briefly set forth a number of administrative and policy issues that need to be resolved separate from the related legal concerns. Preston Tack, 2197 Camilla Way, complimented the City Attorney for sorting out the various aspects of this situation. He will be bringing this report to the attention of the Senior Estates Board to see if they have any other comments and he will report back to the Council on their views at the next Council meeting. B) LETTER OF UNDERSTANDING BETWEEN WOODBURN POLICE AND THE OREGON YOUTH AUTHORITY -- Chief Wright's memo informed the Council that the Police Department has signed a letter of understanding with the Oregon Youth Authority (RE: MacLaren Youth Correctional Facility) to cooperatively work together in coordinating each agencies response to certain situations such as attempted or actual escapes from the facility. C) HUMAN RIGHTS COMMISSION REPORT -- Chief Wright submitted a brief report to the Council outlining the Commission's work and forwarded a recommendation from the Commission to the Council to renew Ordinance 2113 in December 1997 so that the Commisison can continue their work as set forth in their mission statement. Chief Wright expressed his opinion that the Commission is moving forward in the right direction and they need to be complimented for the work they have done within the community towards fostering mutual understanding and respect and to protect the human rights of all persons in the City. CITY ADMINISTRATOR'S REPORT. Administrator Childs stated that the Chamber has offered the City an opportunity to setup a complimentary table at the Business Showcase. Library Director Sprauer, with the assistance of Mayor Kirksey, has agreed to put together a display of City services. Administrator Childs also stated that he had attended a recent Chamber Board meeting which he found to be very interesting. The Chamber continues to express an interest in working with the City in whatever manner they can. In regards to the upcoming election, he stated that it had come to his attention that, over the weekend, many residents of Woodburn may have received telephone calls relative to a telephone poll regarding the proposed $.02 gas tax (measure no. 24-93). The individual who reported this situation to him did question the pollster and was told that it was the City of Woodburn who was sponsoring this telephone poll. Page 7 - Council Meeting Minutes, September 22, 1997 .T"""""---'-- - - COUNCIL MEETING MINUTES September 22, 1997 TAPE READING Administrator Childs stated that this was incorrect information since the City did not commission this type of a poll. The City will be providing a impartial non-partisan informational flyer to the voters to describe the basic facts of the gas tax. Councilor Jennings questioned if the Chamber had mentioned the desirability of having a City staff or Councilor run for, or be appointed to, a Board position on the Chamber. Administrator Childs stated that it had come up at the meeting but he had not had an opportunity to discuss this with staff since the Board was more interested in a staff member as a part of the Board. MAYOR AND COUNCIL REPORTS. Councilor Sifuentez questioned if overnight parking of vehicles is allowed in the parking lot behind the Post Office. Chief Wright stated that the parking lot closes around midnight and he would look into the situation. 1587 EXECUTIVE SESSION. SIFUENTEZ/HAGENAUER.... adjourn to executive session under the authority of ORS 192.660(1) (e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. The motion passed unanimously. The meeting adjourned to executive session at 7:51 p.m. and reconvened at 8:04 p.m.. No action was taken by the Council as a result of the executive session. 1602 ADJOURNMENT. SIFUENTEZ/HAGENAUER... meeting be adjourned. passed unanimously. The meeting adjourned at The motion 8:05p.m.. ATTEST /V~~~ ~ Mary nant, Recorder City of Woodburn, Oregon / Page 8 - Council Meeting Minutes, September 22, 1997 'r-'-'--"---- '" .