Loading...
Minutes - 10/13/1997 TAPE READING 0001 0005 0029 0038 COUNCXL KEETXNG KXNUTES October 13, 1997 DATE. COUNCXL CBAKBERS, CXTY HALL, CXTY OF WOODBURN, COUNTY OF MARXON, STATE OF OREGON, OCTOBER 13, 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 Present Present Present Present staff Present: city Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Finance Director Gillespie, Public Works Manager Rohman, Library Director Sprauer, City Recorder Tennant KXNUTES. JENNXNGS/FXGLEY.... approve the regular and executive session Council minutes of September 22, 1997; accept the Planning Commission minutes of September 11, 1997, and the Recreation and Park Board minutes of September 17, 1997. The motion passed unanimously. APPOINTMENTS - PLANNXNG COMMISSION POSITION NO.7. Mayor Kirksey appointed Doeke Gerbracht, 1873 Woodland Avenue, to fill the unexpired term ending December 31, 1998. PUGH/FXGLEY... approve the appointment of Doeke Gerbracht to the Planning Commission. The motion passed unanimously. Mayor Kirksey stated that the Planning commission still has one vacancy and she urged the Councilors and interested members of the public to submit names to her for consideration. ANNOUNCEMENTS. Public Forum on city Gas Tax Xssue --- A public forum on this issue will be held at city Hall on Tuesday, October 14th, at 7:00 p.m.. 2nd Anniversarv Party --- The Woodburn Aquatic Center will be celebrating their 2nd anniversary on Sunday, November 9th, Page 1 - Council Meeting Minutes, October 13, 1997 11 I ,.- --.---.-.---..---' " I COUNCIL MEETING MINUTES October 13, 1997 TAPE READING from 1:00 pm to 3:00 pm and the public is invited to attend this party. Free swimming and refreshments will be provided. PRESENTATION BY MARION COUNTY OFFICIALS CONCERNING COUNTY GAS TAX AND OTHER COUNTY BALLOT MEASURES. Gary Heer, Marion County commissioner, briefly reviewed the following ballot measures proposed by the county: A) 6% Occupancy Tax in unincorporated areas of the county -- commissioner Heer stated that the proposed tax includes short term rentals of hotel/motel rooms and recreational sites. Areas primarily impacted by this measure are in the Detroit area and Silver Creek Falls. The estimated revenues to be received is $166,000 of which a minimum of 80% would be dedicated to tourism promotion and the balance to be used for county park infrastructure development. B) Fee Assessed for Depletion of Natural Resources mined in the County (gravel, sand, rock, etc) -- This measure would impact those operations conducted outside of the cities with 40% of the revenue to be used for road improvements, 15% to planning, 15% to County parks operations, 15% to traffic safety enforcement programs, and 15% dedicated to community based programs relating to child abuse. He stated that some members of the community have criticized the County for the inclusion of the child abuse provision, however, County officials feel that it should be pursued to help restore a portion of this program that was lost due to property tax reductions as a result of Ballot Measure 50. C) Bob Hanson, Marion county Public Works Director, reviewed the 3 ballot measures relating to fuel tax issues ($.03 per gallon) and vehicle registration fees ($10 per vehicle). The revenue from these measures would be dedicated for road/street and roadside rest area improvements with 40% to the county, 40% to the cities, 10% to the Salem/Keizer area for joint projects, and 10% to the other 18 urban areas. Of the dollars allocated for the other urban areas, these dollars will be rotated from city to city. Projects of interest in the Woodburn area include the widening of N. Boones Ferry Rd to Crosby Rd., Butteville Rd. railroad crossing safety gates, and a contribution to the 1-5 interchange study. The County ordinance also provides that, in the event the city's $.02 gas tax measure passes, motorists would not be double-taxed by purchasing fuel within the City. He stated that some cities do not have gas stations within their community, however, they will receive some funds under these measures for city road improvements. The estimated annual fuel tax cost per vehicle (assuming 600 gallon assumption of fuel per year) is $18 plus the $10 registration if these measures pass. Director Hanson stated that county roads are being resurfaced on an average of once every 40 years and the county will be redirecting more of Page 2 - Council Meeting Minutes, October 13, 1997 ..--.. .,._~ 11 , TAPE READING 0372 0505 0549 0603 COUNCIL MEETING MINUTES October 13, 1997 the growth/capacity expenditures to preservation of the system that is already in place. commissioner Heer stated that, if the fuel tax measure(s) are passed, the County, similar to what the Council has proposed, will repeal those measures if the state implements a state- wide gas tax that fills the void. Distribution of city Gas Tax FIver -- Director Tiwari distributed the informational flyer to the Council for their review. The flyers will be distributed to the City'S voters under a separate mailing since water bills are cyclical over a monthly period and not all voters would receive the information in a timely manner. Councilor Pugh stated that transient buyers will give the City a tremendous benefit and he complimented Director Tiwari on his presentation of this proposal to a service organization. since there were no objections by the Council regarding the flyer, Director Tiwari stated that he would proceed with the distribution of the flyer. PROCLAMATION - DISABILITY EMPLOYMENT AWARENESS MONTH. Mayor Kirksey read the proclamation declaring the month October 1997 as Disability Employment Awareness Month. urged local residents to learn more about people with disabilities and the programs which serve their needs. of She PROCLAMATION - UNITED NATIONS DAY. Mayor Kirksey read the proclamation declaring October 24, 1997 as United Nations Day and urged our local citizens to participate in activities related to this nationally recognized day. CHAMBER OF COMMERCE REPORT. Geri Bosch, Chamber representative, updated the Council on the following upcoming events: A) Chamber Forum, Wednesday, October 15th at 12:00 noon - Guest speaker is Nick Jones who will give an update on the 1998 Portland Trailblazers. B) Chamber Business Showcase will be held at the Woodburn Armory on October 23rd between 2:00 pm and 6:00 pm. The purpose of this event is to keep business in Woodburn. There will be more than 35 local businesses who will take part in this event. The event is open to the public and no admission fee will be charged. Mayor Kirksey stated that, with the help of the Library Director, the city will have a table at the Business Showcase. Page 3 - Council Meeting Minutes, October 13, 1997 .., .. TAPE READING 0663 0985 COUNCIL MEETING MINUTES October 13, 1997 PUBLIC HEARING - ZONE CHANGE #97-06 AND SITE PLAN REVIEW #97- 06 -- APPLICANT: HERSHBERGER MOTORS. Mayor Kirksey declared the public hearing open at 7:25 p.m.. Recorder Tennant read the land use statement required by ORS Chapter 197. Community Development Director Goeckritz stated that the Planning Commission had approved the car dealership's site plan with conditions, therefore, it is at the Council's discretion if they review the site plan. The council is required to approve the zone change request from Interchange District (ID) to commercial Retail (CR). Councilor Jennings requested clarification of the Commission'S vote on this issue and whether or not there was any opposition to the proposed zone change and/or site plan. Director Goeckritz stated that the Commission passed the motion unanimously with the conditions to the site plan and he did not recall anyone speaking against the proposal. The property is located in the northwest quadrant of the interchange north of the Arney Rd/Hwy. 219 intersection. The proposed development consists of a 20,534 sq. ft. automobile dealership which will be in the vicinity of two other automobile dealerships located along Hwy. 219 across from/adjacent to the Arney Road intersection. The area proposed for rezoning is 4.385 acres. Director Goeckritz stated that in the applicant had identified seven potential sites for an automobile dealership and he expressed his opinion that the applicant did a fair job in SUbstantiating why this area should be the best of the seven sites examined. After reviewing the application and staff report, the Planning Commission decided to recommend the modification of the zone from interchange district to commercial retail. He briefly reviewed the site plan and stated that the proposed structure would complement existing buildings in the vicinity. staff recommended that the Council approve the Planning Commission's recommendation grant the zone change request. Wally Lien, Attorney representing the applicant Hershberger Motors, stated that he had spent a lot of time with the Planning Department to develop the best possible package to submit to the City. He had some history to work with since he handled both Miles Chevrolet and Hillyer's Ford properties which made this package easier since they had done the research on two earlier occasions. There was no opposition expressed by the public at the Planning commission hearing and, in his opinion, the Planning commission did a good job with the application. He urged the Council to approve the commission'S recommendation. Councilor Pugh questioned what type of lighting plan is included in the Hershberger Motors application. Page 4 - Council Meeting Minutes, October 13, 1997 ~ . TAPE READING 1087 COUNCIL MEETING MINUTES October 13, 1997 Attorney Lien stated that one of the requirements was the submission of a lighting plan and that the lighting be turned inside and ambient light not be shed outside. This plan is currently being drafted by the contractor. No one in the audience spoke as a proponent or opponent to the proposed zone change and site plan review. Mayor Kirksey declared the public hearing closed at 7:36 p.m.. JENNINGS/PUGH.... approve the Planning commission recommendation and instruct staff to prepare an ordinance to substantiate that action. On roll call vote, the motion passed unanimously. PUBLIC HEARING -- APPEAL OF SIGN ORDINANCE INTERPRETATION. Mayor Kirksey declared the public hearing open at 7:38 p.m.. Recorder Tennant read the land use statement required under ORS Chapter 197. Community Development Director Goeckritz read his staff report stating that the commission had considered written and oral testimony regarding the interpretation of what constitutes an "integrated Business Center". The commission had determined that the applicant's (Hillyer'S Ford, Miles Chevrolet, Hershberger Motors) request for a designation of Integrated Business Center for purposes of installing a 150 sq ft sign does not conform to the original intent of the ordinance. Director Goeckritz reviewed the findings in which the commission had substantiated their findings on. Under the commission's decision, the applicants would only be allowed to install a 75 sq ft sign at their businesses. Director Goeckritz stated that, during the hearing, Planning commissioner Lawson questioned the difference in time and distance in a freeway driver'S ability to recognize a 75 vs a 150 sq foot sign and no answer was given to that question. He also stated that the 35 foot height of the sign would remain the same whether it be 75 or 150 sq. feet. councilor Pugh questioned as to how well read these large signs are compared to the small signs along the freeway. Director Goeckritz stated that the question was not asked at the hearing. Brief discussion was also held regarding the modifications to the sign ordinance about 5 years ago. Director Goeckritz stated that, to his recollection, the signs were downsized. Councilor Jennings questioned the statement made by Mr. Hillyer who stated that this was the same sign that he had at his downtown location since the current sign code was adopted prior to his purchasing the business. Director Goeckritz stated that he could only assume that the sign was in place prior to this ordinance be amended. Hillyer was grandfathered under the ordinance and would have had to conform to the new ordinance standards if he would have taken the other sign down and replaced it with another sign. He Page 5 - Council Meeting Minutes, October 13, 1997 'n I TAPE READING 1660 COUNCIL MEETING MINUTES October 13, 1997 reiterated that you can change the face of a sign but not take it completely down and replace it without conforming to current standards. Attorney Wally Lien stated that he was representing the applicants Hershberger Motors, Miles Chevrolet, and Hillyer's Ford. They have submitted the appeal since they feel that there are additional issues that the Council should consider and they feel that there is a legal problem with the notions that the Planning Commission brought up, therefore, they decided to bring it to the Council for review. The applicants contend that this is a code application case and not a code interpretation case. He felt that the Commission decided to interpret the code to how they wanted it to mean rather than applying the facts and make a determination based on those facts. In the appellant's opinion, their is no ambiguity which would require an interpretation of the code. Their position is that the auto malls are integrated business centers in that each dealership has 2 or more businesses (separate businesses for new car sales, used car sales, service, and/or vehicle rentals). The code does not mention whether or not the businesses need to be owned by more than one individual in order to qualify for an integrated business center. He displayed pictures and outlined the dimensions of the signs that the businesses would like to install. In regard to sign density, the 3 signs will be spread over a 1,500 linear foot area and within 16 acres of land mass. He discussed the two basic elements of an integrated business center, one being were these businesses designed to be a part of the center and the second element being 2 or more businesses. He stated that the buildings were designed with the auto mall concept in place (new, used, service, rentals, etc.). Each business has two or more businesses and articles of incorporation for each business was included in the packet. He stated that the commission was nervous that approval of the sign application would open the door for 150 sq. ft. signs throughout the city. If this is not what the City wants, then the council should approve the sign applications and then change the sign code to clearly define the city's sign requirements. He stated that his clients have also offered to pay him to assist the city in drafting language and working with the Community Development Director and Planning commission to put together a new ordinance that would make changes for the future. This offer made by the businesses is outside of the scope of this application but he wanted to share the information with the Council. He reiterated their position that each business is an integrated business center since each business houses two or more businesses at each location and are entitled to a 150 sq. ft. sign. Page 6 - Council Meeting Minutes, October 13, 1997 - . TAPE READING 2613 2740 2976 "I. COUNCIL MEETING MINUTES October 13, 1997 Councilor Chadwick questioned if each business has 3 to 5 businesses licensed with the city. Attorney Lien was unable to answer the question. Layton Frawley, 1243 Woodland Ave., stated that he is a Planning commission member but was speaking at this hearing as a citizen. He stated that, in his opinion, a car business is a car business and did not realize they were broken up to some many different registered businesses. He does not see it as an integrated business because all of the businesses are related to the car dealership. Jo Anne Bjelland, 888 Wilson st., expressed her opinion that the Planning Commission did a thorough, complete, and decisive job before making this decision. She felt that the interpretation of an integrated business could be the same as one car dealership with multi-services or businesses with separate accounting procedures to qualify for the criteria set by the auto agencies or several different businesses which, in her opinion is the intent of the law, combining together and forming a central business area. She briefly stated that grandfather rights should not be a factor in this case since the signs will be at new locations. Attorney Lien stated that the applicants are not claiming grandfather rights but have always said that from a visual standpoint these signs have already been out in the community and have not caused any problem. The movement of these signs would have a lesser impact than where they were located at before. He reiterated his position that the code language does not differentiate between different businesses or single versus multiple ownership and if that is what the city wants, then the code needs to be change. until then, they contend that they are integrated business centers and eligible for the 150 sq ft sign. He urged the Council to take a plain interpretation of the rule, apply the facts of the law, and decide in favor of the businesses. Mayor Kirksey declared the public hearing closed at 8:25 p.m.. city Attorney Shields reminded the Council that they can ask questions of staff but new testimony cannot be introduced since the hearing has been closed. councilor sifuentez stated that the Planning Commission had already given their interpretation of the integrated business and commented on how Attorney Lien had interpreted the code differently. Director Goeckritz stated that the Planning Commission is given a certain amount of discretion in regards to the interpretation of an ordinance. The reason that this issue was before the Commission was due to the fact that there was a Page 7 - Council Meeting Minutes, October 13, 1997 n . '\ COUNCIL MEETING MINUTES October 13, 1997 TAPE READING difference of opinion between city staff and the applicants. To resolve the issue, it was brought before the Planning commission who determined that it did not constitute an integrated business. Tape 2 Councilor Jennings briefly reviewed the Planning Commission minutes which indicated to him that the Commission had different viewpoints on this issue. In his opinion, the ordinance needs to be rewritten and feels that the Council needs to look at the letter of the law and not intent. By the articles of corporation, each have separate businesses and it appears to him that the businesses comply with the sign code and are eligible for the 150 sq ft. sign. He also stated that the Planning commission vote was not unanimous since commissioner Young voted nay and commissioner Palmer abstained. He stated that he would vote to overturn the Planning commission based on his earlier comments. councilor Pugh disagreed with councilor Jennings in that he feels that breaking a business up to multiple corporations does not necessarily constitute an integrated business. He feels that the sign ordinance needs to be changed. Councilor Figley stated that she admired the creativity of Attorney Lien but does have a problem with the definition of a business and the definition of a center. She realizes that businesses can be split up in different ways for different purposes but feels that this does not constitute a center. councilor Hagenauer, sifuentez, and Chadwick expressed opinions that they agree with the Planning commission decision and felt that the sign ordinance should be brought back for further study. Mayor Kirksey stated that, if she had an opportunity to vote, she would agree with the Planning commission. She believes that the definition of a business center is one in which businesses are combined that have commonality, common access, and separate businesses with separate city business licenses. FIGLEy/PUGH.... Planning commission interpretation be approved and instruct staff to prepare an ordinance to substantiate that action. On roll call vote, the motion passed 5-1 with councilor Jennings voting nay. 0241 TABLED BUSINESS - WOODBURN DOWNTOWN ASSOCIATION REOUEST FOR PARKING RESTRICTIONS. JENNINGS/SIFUENTEZ.... remove from the table. The motion passed unanimously. The WDA had requested that the City establish a 2 hour parking limit on the west side of Front Street between the hours of 7:00 am and 6:00 pm, Monday through Friday. Chief Wright's staff report addressed numerous issues regarding this request including enforcement, cost, and public notification. Page 8 - Council Meeting Minutes, October 13, 1997 'T""H ~-- n I TAPE READING 0461 0499 ~, COUNCIL MEETING MINUTES October 13, 1997 Frank Lonergan, WDA Treasurer, stated that the WDA is primarily interested in restricting parking times in front of the businesses so that business patrons can find a parking space without having to walk a great distance. Councilor Jennings questioned if a handicapped parking space is proposed in front of the Elks Lodge. Chief Wright stated that the current plan does not include any handicapped parking, however, that can be designated at a later date. FOllowing a brief discussion on this issue, JENNINGS/SIFUENTEZ.... grant the request of the Woodburn Downtown Association to implement a 2 hour parking limitation along the west side of Front street from 6:00 am to 7:00 pm, Monday through Friday. The motion passed unanimously. Councilor Jennings questioned the status of the WDA tree removal request. Ken Palke, WDA Manager, stated that the WDA would like the Council to keep this item on hold until such time as the Downtown Development Plan is completed. The WDA will be holding an open house at City Hall on Wednesday, October 15th, 6:00 p.m., to review elements of the plan being developed. COUNCIL BILL 1831 - ORDINANCE GRANTING SITE PLAN REVIEW APPLICATION 95-10 ILUBA NO. 97-068) ON SECOND REMAND -- APPLICANT GARY LAPOINTE. Council Bill 1831 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote, the bill passed unanimously. Mayor Kirksey declared Council Bill 1831 duly passed with the emergency clause. COUNCIL BILL 1832 - RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF CERTAIN PROPERTY LOCATED WEST OF BOONES FERRY ROAD AND SOUTH OF PARR ROAD. Council Bill 1832 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 1832 duly passed. Centennial Park is the area proposed for annexation and the public hearing is scheduled for November 10, 1997 at 7:00 p.m. . Page 9 - Council Meeting Minutes, October 13, 1997 ~,. .._--~-_.. 11 , TAPE READING 0528 0591 ~, COUNCIL MEETING MINUTES October 13, 1997 COUNCIL BILL 1833 - RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF CERTAIN PROPERTY LOCATED BETWEEN EAST BLAINE STREET AND AZTEC AVENUE. councilor Hagenauer introduced council Bill 1833. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Jennings questioned if the property will be taxed differently than other parcels of land within the city as a result of Ballot Measure 50. City Attorney stated that Ballot Measure 50 does clear up this issue and annexations will be treated no differently than those annexations which occurred prior to the passage of Ballot Measure 50. On roll call vote for final passage, Council Bill 1833 passed unanimously. Mayor Kirksey declared the bill duly passed. The area proposed for annexation is located at 1570 E. Blaine street and the public hearing is scheduled for November 10, 1997 at 7:00 p.m.. COUNCIL BILL 1790 - RESOLUTION APPROVING AND ADOPTING A WATER MASTER PLAN. Council Bill 1790 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Preston Tack, 2197 Camilla Way, read a statement into the record reminding the Council that this item had been removed from the Council agenda on April 28, 1997 with the intent that a committee would be appointed to review the plan before it received final approval. Additionally, the Council adopted an ordinance amending the water and wastewater elements of the Comprehensive Plan. As of this date, no committee has been appointed. He felt that there were still a number of questions that needed to be answered before a plan is adopted. He urged the Council not to take any action on this bill until a committee has been appointed to review this plan. Mayor Kirksey stated that she did not appoint a committee since, after talking to a number of Councilors, they seemed to be comfortable with having staff and the consultants develop the plan without the input of a committee. Councilor Pugh went on record stating that he had recommended the appointment of committee and was ashamed that it had not been done as of this date. Councilor Jennings stated that he thought the city was still in the process of formulating the plan. He did not object to additional public input and would support the Committee process. He assured the staff that he was not criticizing their work but discussions had been held regarding alternatives and further citizen input may be warranted. Councilor Sifuentez questioned how much citizen input had already been obtained through this process. Page 10 - Council Meeting Minutes, October 13, 1997 ~ . TAPE READING 0983 0997 1017 1116 ~, 3. COUNCIL MEETING MINUTES October 13, 1997 Public Works Director Tiwari stated that an open house and presentation had been held at Senior Estates. The overall cost is based on a number of issues such as treatment locations and was done by the consultants. He assured the Council that the development of this plan was not done in a vacuum and all alternatives were considered. He stated that the plan does include two treatment locations since it is the most cost efficient but the plan also includes a statement that a third location will be considered seriously. Following some additional discussion, roll call vote was taken and the bill failed 1-5 with Councilor sifuentez voting aye. JENNINGS/PUGH.... task force be appointed to review the Water Master Plan and come back with a report to the Council. The motion passed unanimously. EMERGENCY REPAIR OF INDUSTRIAL PARK LIFT STATION. Staff contracted with Moore Excavation Co. to do an emergency repair at the Industrial Park lift station when it was noticed that a sink hole was developing near the lift station and it was suspected that a force main was leaking. JENNINGS/FIGLEy.... authorize the emergency repair expenditure made to Moore Excavation Co. in the amount of $6,600.00. The motion passed unanimously. POSSIBLE UNITED DISPOSAL SERVICE FRANCHISE FEE INCREASE. Councilor Jennings stated that, after reviewing the city Administrator's memo, he would prefer not increasing the franchise fee at this time in light of all that UDS does in community service. Councilor Figley reminded the Council that the franchise ordinance would have a condition that would give the City the right to reopen the franchise for consideration of additional fees between July 1, 1998 and December 31, 1998. JENNINGS/PUGH... not pursue the subject of franchise fee increase with United Disposal at this time. The motion passed unanimously. REOUEST FOR SEWER EASEMENT NEAR CHARLES COURT. A request had been submitted by Dale and Mary Seaton, owners of a parcel of land located at 900 Charles ct., to obtain a sewer easement from the City so that they could connect to a city sewer main that runs through the Mill Creek greenway. If granted, this parcel of undeveloped property could be sold to a prospective buyer who would like to build a home on the property. Staff has researched this request and recommends that a sewer easement be negotiated and the Mayor and Recorder be authorized to sign the easement when completed. JENNINGS/FIGLEY... grant the sewer easement as recommended by staff. The motion passed unanimously. Page 11 - Council Meeting Minutes, October 13, 1997 ,..... .~.._~_._-_.__. 11 I TAPE READING 1144 1180 1196 ",. COUNCIL MEETING MINUTES October 13, 1997 DESIGNATION OF VOTING DELEGATE TO THE LEAGUE OF OREGON CITIES CONVENTION. Administrator Childs stated that the city needs to submit the name of the voting delegate as well as an alternate prior to the start of the conference. It was the consensus of the Council to designate Councilor Hagenauer as the principal voting delegate and councilor sifuentez as the alternate. CLAIMS FOR THE MONTH OF SEPTEMBER 1997. SIFUENTEZ/FIGLEy.... approve claims #38214 - 38517 issued during the month of September 1997. The motion passed unanimously. STAFF REPORTS. Al Grant Award for Buildable Lands Inventorv Pro;ect --- The city was awarded a $63,000 grant from the Oregon Transportation & Growth Management Program. Bl Leaque of Oreqon cities Conference Reqistration councilors were reminded that conference registration materials need to be submitted to the Administrator's office by Friday, October 17th. Cl Contract Neqotiations for ComDuter Hardware and Software - Finance Director Gillespie updated the council on the status of the computer hardware and software proposals. Negotiations are in process with the successful bidder, Ikon Office Solutions, and a contract will be submitted to the Council at the next meeting. Dl ProDertv Tax COllections for 1997-98 --- The projected date for the property tax statements to be mailed out to property owners is November 15th with payments due by December 15th. The City's cash reserves are enough so that short term borrowing with an outside institution will not be necessary. El MacLaren School Water Service for Fire Protection --- A request has been made by the MacLaren Youth Correctional Facility to connect to the City's water supply system for fire suppression. Staff is reviewing the proposal and will bring the issue back to the Council at a later date. Fl Leaf Pick-uD and DisDosal Proqram --- Director Tiwari reminded the public that city crews will continue with the established leaf pick-up program, however, residents are strongly urged to utilize free composting services at the wastewater facility, composting on their own property, or, for a fee, have United Disposal pick up bagged leaves for disposal. The wastewater plant is open Monday through Friday from 8:00 am to 3:00 pm and on saturday from 8:00 am to 1:00 pm. Councilor sifuentez suggested that the wastewater facility be left open one day of the week until 5:00 pm to allow more residents who work during the day to get to the Page 12 - Council Meeting Minutes, October 13, 1997 'n . TAPE READING 1560 1631 " I COUNCIL MEETING MINOTES October 13, 1997 plant late on a weekday. Director Tiwari stated that he would have someone at the plant until 5:00 p.m. on Wednesdays. Gl status of Parr Road ImDrovement Pro;ects -- Staff has met with the contractor in regards to the delay with this project. Weather conditions have been a contributing factor and utility companies did not complete their work within the original schedule. The sidewalks and bikeways were done in a timely manner. Staff has also been working with the contractor regarding appropriate signage in the area. HI Prooosal to Beautifv the Citv lot located at the Southwest corner of Cleveland street -- Residents and neighbors of the Esperanza Court complex have proposed that they be allowed to develop a flower garden on the city-owned lot. In Administrator childs memo to the Council, it was noted that there is no water service to this property. The residents are willing to seek financial assistance from nearby businesses to defray the cost of providing water service and the monthly water costs. Staff will continue to work with the group regarding this project, however, the city will reserve the right to utilize the property in whatever manner they deem necessary in the future. II Buildina Activitv Reoort for the month of Seotember 1997 Jl COG Plannina Session --- Councilor Jennings stated that he did not want to attend this meeting without knowing in advance the agenda since he was not interested in attending a meeting to hear about the reasons why the City should become a member of COG. No other Councilor offered to attend the meeting scheduled for October 20th. MAYOR AND COONCIL REPORTS. Councilor Pugh stated that he was proud of the residents in Willowbrook Estates who trimmed the trees in the median area and picked up the branches. This is the first step in getting this island cleaned up and water service for future beautification. councilor Jennings reminded the public that the Forum on the Gas Tax issue will be held tomorrow night and he encouraged the Council to attend. EXECUTIVE SESSION. JENNINGS/FIGLEy.... move to executive session under ORS 192.660(1) (h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed; and under ORS 192.660(1) (f) to consider records that are exempt from public inspection. The motion passed unanimously. The Council adjourned to executive session at 9:21 p.m. and reconvened at 9:41 p.m.. Page 13 - Council Meeting Minutes, October 13, 1997 T- ---,.----..... .. . TAPE READING 1643 1693 --, l COUNCIL MEETING MINUTES October 13, 1997 Mayor Kirksey stated that no action was being taken by the Council as a result of the executive session. Brief discussion was held regarding the need to try and get more citizens interested in serving on city committees. JENNINGS/FIGLEy.... request the Administrator to put an ad in the newspaper to solicit for names of people to service on various boards and commissions. The motion passed unanimously. ADJOURNMENT. JENNINGS/PUGH... meeting be adjourned. The motion passed unanimously. The meeting concluded at 9:44 p.m.. ATTEST fYl~ I~,,-,~ Mary T nant, Recorder city of Woodburn, Oregon Page 14 - Council Meeting Minutes, October 13, 1997