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Minutes - 11/24/1997 TAPE READING 0001 0005 0032 0040 0062 " COUNCIL MEETING MINUTES November 24, 1997 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 24, 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 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, Public Works Manager Rohman, City Recorder Tennant Councilor Pugh was not in attendance due to a recent back injury. MINUTES. JENNINGS/FIGLEy.... approve the regular Council minutes of November 10, 1997; accept the Planning Commission minutes of October 23, 1997 and the Library Board minutes of October 22, 1997. The motion passed unanimously. Administrator Childs requested that the agenda be modified to include an executive session item under the authority of ORS 192.660 (1) (a) . JENNINGS/FIGLEY... agenda be amended per staff memo. The motion passed unanimously. ANNOUNCEMENTS. A) Council Workshop on Water Master Plan -- been scheduled for Monday, December 15, 1997, the City Hall Council Chambers. The workshop has 6:00 p.m., in B) Public Hearing on Appeal of Planning Commission Decision - On December 15, 1997, 7:00 p.m., a public hearing will be held before the City Council concerning Site Plan Review Case #97- 09 involving a proposed 72 unit apartment complex south of Country Club Road. Page 1 - Council Meeting Minutes, November 24, 1997 r- ..__.._...".-_...-_._._~-_.---~_._-~.....,..,--'-- 11 I ~ TAPE READING 0087 0135 0185 0295 " COUNCIL MEETING MINUTES November 24, 1997 A Council workshop on budget goals and objectives will be held on Tuesday, January 13, 1998, 7:00 p.m., in the City Hall Council Chambers. CHAMBER OF COMMERCE REPORT. Randy Saunders, representing the Chamber of Commerce, informed the Council of the following upcoming events: 1) Annual Chamber Board Planning Retreat is scheduled for December 3, 1997 at which time they will plan for their programs, projects, and activities. On December 5th, a Chamber Summit meeting will be held and local public officials will be invited to attend to hear the Chamber's goals and programs, and to give the Chamber an opportunity to hear from the local government officials; and 2) On December 4th from 6:00 pm to 8:00 pm, the Agriculture Tour and Holiday Showcase will be held at the Ferrier Creek Nursery and Mother Hubbard's Cupboard. Reservations for this event can be made through the Chamber office. Mayor Kirksey informed the public that anonymous letters to the Mayor and Council are thrown away. Preston Tack, 2197 Camilla Way, began reading a statement to the Council regarding the current multi-family zoning of property between Boones Ferry Road and Senior Estates. In his opinion, remedial action by the Council needs to be taken to correct this situation. Attorney Shields interrupted Mr. Tack from further expressing his views when his comments became specific to a pending land use issue. He stated that he realizes Mr. Tack is trying to address the general area, however, specific comments on denying or approving a site specific application that will soon be before the Council should not be made at this time. His comments need to be made at the public hearing to protect all parties including the Council. PUBLIC HEARING -- YARD DEBRIS RECYCLING PROGRAM AND UNITED DISPOSAL RATE INCREASE PROPOSAL. Mayor Kirksey declared the public hearing open at 7:11 p.m.. Public Works Manager Rohman reviewed the staff report which included the Yard Debris Recycling Committee's final report. The Committee was formed in March 1996 to look at issues involving a yard debris recycling program within the City. Yard debris includes grass, leaves, twigs, small tree limbs, pumpkins, and any other organic material. State-wide recycling goals have been set at 50% by the year 2000. Currently, Marion County has a recycling level of 27% and the County feels that yard waste recycling is a means to increase the recycling level and reduce the load sent to the burner. The Council held a workshop on June 16, 1997, at which time Page 2 - Council Meeting Minutes, November 24, 1997 11 T -. ,_._._..__.._~_._-."..".-._,-.---~-~_._- TAPE READING 0647 0729 -.,,- COUNCIL MEETING MINUTES November 24, 1997 they reviewed the report with the Committee members. Following the workshop, United Disposal took steps to propose a yard debris recycling program. Additionally, they are proposing rate adjustments to operate the program. It was noted that the City's last rate adjustment granted to United Disposal was authorized in 1992. Modifications to the collection program include: 1) automated garbage pickup; 2) garbage can size selection by the customer (90, 60, 35, or 20 gallon size); and 3) rate adjustment to cover the new recycling program and capital costs. New recycling items will be yard debris and mixed paper (gray paper, cereal boxes, etc). The Committee recommended that 4 garbage can sizes be offered for the customer to select from and each household will get a 60 gallon yard debris cart. The targeted implementation date is July 1, 1998 which will give United Disposal lead time for ordering the trucks and to inform the city residents of the new yard debris program and selection of can size. Monthly rates will range from $13.50 to $29.50 based on the can size as compared to the current rates of $9.50 to $16.50. He stated that by recycling, many residents can reduce the garbage can size and have the 60 gallon yard debris cart resulting in a monthly charge similar to what they are currently paying. It was noted that the yard debris cart will be provided to each customer. It was also noted that there is no requirement for city residents to have garbage service. Finance Director Gillespie stated that he had reviewed the financial data provided by United Disposal Service to support the proposed rate increase for the purpose of protecting the customers within the City. He had asked questions of their financial officer who answered those questions and explained their assumptions. Director Gillespie stated that their financial data does support the proposed rates. Public Works Manager Rohman stated that United Disposal Service wants the assurance of the Council that the rates will be implemented in July 1998, therefore, staff will be submitting a resolution to the Council in December 1997 with an effective date of July 1998. United Disposal will be making a significant capital investment and they need to have the assurance that, once delivered, they would have the rates in place to repay their capital investment. Sam Brentano, President of United Disposal Service, stated that the following 5 objectives in modernizing and updating their program: 1) meet state mandated recycling goals; 2) provide an economical and efficient alternative for customers to dispose of yard debris and minimize backyard burning; 3) prolong the life and capacity of the garbage burner in Brooks; 4) increase productivity, efficiency, and safety within their company; and 5) minimizing rate increases in the future. They Page 3 - Council Meeting Minutes, November 24, 1997 ---.- ...., COUNCIL MEETING MINUTES November 24, 1997 TAPE READING are planning on making changes in cart size and delivery of the yard debris cart during the last week in June. United Disposal will give customers a 3 month period in which to decide which size of garbage cart they want. It is the intent of United Disposal to encourage their customers to go to a smaller cart. Educational materials will be provided in advance of the implementation date so customers will be prepared for the change. In those instances where customers currently have a garbage can rather than a cart, United Disposal is willing to take the cans if the customer has no need for the can. The yard debris program will be year-round with pick-up done weekly separate from the garbage pickup. Curbside recycling pickup will continue and he provided a list of materials that can be recycled. Administrator Childs referred to the proposed fee schedule and informed the public that the cost differential between the 35 gallon cart with a 60 gallon yard debris cart is $.45 less than the current monthly cost for a 90 gallon cart. Preston Tack, member of the Yard Debris Committee, expressed his appreciation to United Disposal Service for their cooperation in providing information to the committee. With the extra cart, homeowners in Senior Estates will have to put the yard debris container outside since most garages in Senior Estates only have room for one can or cart. He stated that members of the Senior Estates Board have indicated that they will pursue the liberalization of the Senior Estates regulations to the extent that the yard debris cart can be outside thereby showing the community that Senior Estates is participating in the recycling program. Jim Sears, Director of Solid Waste for Marion County, expressed his support of the program in that he foresees a significant change in the amount of waste that is generated within the County. Since the program has been implemented in Salem, the total waste being disposed of at the burner has gone down. By supporting this program, Woodburn can participate in the overall reduction of waste in the County and put it to a higher more productive use. Since there was no testimony by opponents, Mayor Kirksey declared the public hearing closed at 7:41 p.m.. Councilor Jennings expressed his opinion that the City needs to be proactive in the area of recycling. The new fee schedule also provides customers with an opportunity to save money if they elect to take advantage of the recycling program. He also stated that the City is fortunate to have United Disposal as a service in our community. Page 4 - Council Meeting Minutes, November 24, 1997 ~ ...._..,_.~ "M...~'_.H_" ...,.,...._~..<_ 11 I TAPE READING 1425 " COUNCIL MEETING MINUTES November 24, 1997 Councilor Hagenauer stated that he felt that the recycling program will be a benefit to the residents of Woodburn. Councilor Sifuentez also had positive comments on the program and reiterated the need to educate the customers on recycling and the potential opportunity to save money for garbage service. Councilor Chadwick expressed her opinion that many customers who utilize this program will save money based on the proposed rate structure. Councilor Figley stated that she is already an avid composter and she is pleased to see that the recycling benefits are greater than the cost. Mayor Kirksey reiterated that the City is fortunate to have United Disposal Service as a part of our community. They do so much for Woodburn in so many ways and have been good citizens in our community. JENNINGS/FIGLEY... staff be directed to prepare a resolution for adoption of the proposed garbage collection rate schedule for United Disposal Service. The motion passed unanimously. Councilor Jennings also thanked the Yard Debris Recycling Committee that worked with City and County staff and United Disposal Service in developing a program for the City. PUBLIC HEARING - AMENDMENT OF WOODBURN ZONING ORDINANCE ADDRESSING LOCATION OF TELECOMMUNICATION TOWERS. Mayor Kirksey declared the public hearing open at 7:46 p.m.. Community Development Director Goeckritz stated that the Federal Telecommunications Act was enacted in 1996 which preserves the authority of local government to regulate the placement and construction of telecommunications towers. He briefly reviewed the criteria that needs to be followed by the local government in order to comply with the Act. The Council has passed interim ordinances on this issue since February while staff and the Planning Commission developed a recommended zoning ordinance. This process took longer than anticipated in order to make sure that the new amendment would complement the Telecommunications Act. Currently, there are 4 telecommunications facilities located in Woodburn of which two receivers are located in the Industrial Park and two receivers on the existing water tower. These receivers are all located in areas zoned for this purpose. The intent of the amendment is to control the growth and insure protection of the skyscape in the residential and commercial areas. No one in the audience spoke either for or against the proposed amendment to the Zoning Ordinance. Mayor Kirksey declared the public hearing closed at 7:50 pm. Councilor Jennings stated that he did not object to the proposed amendment, however, he was concerned that the City is sestting a precedent in presenting an ordinance for adoption at the same meeting in which the hearing is held. Page 5 - Council Meeting Minutes, November 24, 1997 ,- .~---"...,....--_.+.,.__."-~ ._-----_...--_._--_._,._.~.. 11 I -~ TAPE READING 1770 1775 1825 1884 -.." COUNCIL MEETING MINUTES November 24, 1997 Attorney Shields stated that this situation, along with the annexation ordinance passed at the last meeting, are specific cases which needed immediate Council action. In both cases, the issues had been before the Council on one or more occasions prior to the hearing. He assured the Council that these cases are an oddity rather than normal procedure followed by staff. councilor Jennings stated that it has been the Council's general policy to wait until the next meeting and, in his opinion, it does not look good to the public to rush items through the process. He does not want the public to think that they did not have a chance to respond to the issue. TABLED BUSINESS - WDA REQUEST FOR REMOVAL OF TREES ON FRONT STREET. No action was taken by the Council to remove this item from the table. COUNCIL BILL 1839 - ORDINANCE AMENDING WOODBURN ZONING ORDINANCE CORD. 1807) BY ADDING A NEW CHAPTER 41 TO ADDRESS TELECOMMUNICATIONS FACILITIES. Councilor Hagenauer introduced Council Bill 1839. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1839 duly passed with the emergency clause. COUNCIL BILL 1840 - ORDINANCE ANNEXING CENTENNIAL PARK LOCATED WEST OF BOONES FERRY RD. AND SOUTH OF PARR ROAD. CHANGING THE COMPREHENSIVE PLAN MAP TO OPEN SPACE AND PARKS. AND RECLASSIFYING THE ZONING DESIGNATION TO PUBLIC PARK DISTRICT CpP) . Council Bill 1840 was introduced by Councilor Hagenauer. The two readings of the bill were 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 1840 duly passed with the emergency clause. COUNCIL BILL 1841 - RESOLUTION DIRECTING INSTALLATION OF STOP SIGNS AT: 1) PARR ROAD AT BROWN STREET. 2) PARR ROAD AT OGLE STREET. AND 3) COMSTOCK AVENUE AT BROWN STREET. Councilor Hagenauer introduced Council Bill 1841. 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 1841 passed unanimously. Mayor Kirksey declared the bill duly passed. Page 6 - Council Meeting Minutes, November 24, 1997 --._<-- -- .~---..-,-_.~...--~_.._-_._~ 11 T TAPE READING 1925 2029 2057 2140 -'" COUNCIL MEETING MINUTES November 24, 1997 COUNCIL BILL 1842 - RESOLUTION DIRECTING INSTALLATION OF STOP SIGN ON ORCHARD LANE AT THE INTERSECTION OF E. HARDCASTLE ROAD. Council Bill 1842 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Jennings suggested that the resolution say "South Orchard Lane" for purposes of identifying the location of the stop sign. After a brief discussion, JENNINGS/SIFUENTEZ... amend the resolution, Section 1, to read "...South Orchard Lane.. .". The motion passed unanimously. On roll call vote, Council Bill 1842, as amended, passed unanimously. Mayor Kirksey declared Council Bill 1842 duly passed. COUNCIL BILL 1843 - RESOLUTION ENTERING INTO A CONSENT TO ASSIGNMENT WITH U.S. WEST COMMUNICATIONS WIRELESS GROUP. Council Bill 1843 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 1843 duly passed with the emergency clause. REOUEST FOR LIQUOR LICENSE COMPLIANCE PLAN MODIFICATION RAVEN INN. 262 N. PACIFIC HIGHWAY. A request was made by Tina Wiltsey, owner of Raven Inn, to modify the compliance plan established in 1995 since calls for service have been reduced. Councilor Jennings questioned Chief Wright if he felt that the owner has put out the extra effort, therefore, the City should agree to the modifications as proposed. Chief Wright stated that, in his opinion, the reduced calls for service (10 in 1997) along with the owner's increased attentiveness to the business warrants the acceptance of the proposed modifications to the compliance plan. JENNINGS/FIGLEy.... approve the modified compliance plan for the Raven Inn submitted by Tina Wiltsey. The motion passed unanimously. SITE PLAN ACTIONS A) Site Plan Review #97-09 Unit Multi-Family Apartment Complex located west of Boones Ferry Road and south of Country Club Road: Councilor Jennings questioned if the Council needed to be careful as to whom they talk to between now and the public hearing regarding this issue. Attorney Shields advised the Council that they should be careful since it has already been appealed and a hearing set. Any communication with any party, whether for, against, or neutral, would be an ex-parte communication which would need to be declared by the Mayor or Councilor at the time of the Page 7 - Council Meeting Minutes, November 24, 1997 ~- .'-_..._.....,...._,..~.._..- - .---.., ._.~._._,..,."~---,,. 11 I -~ "" COUNCIL MEETING MINUTES November 24, 1997 TAPE READING public hearing. Under the statutes, communication with staff is not considered as ex-parte communication. B) Subdivision #97-07 -- Replat of Steklov Addition: No action was taken by the Council on this site plan action. 2202 STAFF REPORTS. A) Official Results of November 4, 1997 Special Election: The certified results from the Marion County Elections Division is as follows: 848 Yes Votes, 3,526 No Votes, 1 Overvote, and 141 Undervotes. B) Ballot Measure 50 Property Tax Update: Administrator Childs updated the Council on the estimated taxes to be received by the City based on figures obtained from the County Assessor's office. In summary, the loss of funds due to Ballot Measure 50 is close to the original budget projections. As also projected, Ballot Measure 5 compression will result in the loss of additional tax dollars. A permanent tax rate will not be assigned until June 30, 1998. Tax statements will be mailed the last week in November and property owners have until December 22, 1997 to pay their taxes in order to receive the discount. C) Project Status -- 1-5 Gravity Sewer: be completed within the next 2 weeks and contract amount approved by the Council. This project should is within the D) Information on Land Use Board of Appeals (LUBA): Attorney Shields provided the Mayor and Council with a LUBA brochure which answers commonly asked questions relating to appeals. E) Building Activity for October 1997: Community Development Director Goeckritz stated that building activity has increased substantially over the last few years. During fiscal year 1995-97, the value of permits was $8,824,607 while in 1996-97 the value was $22,414,726. For the first quarter of the 1997- 98 fiscal year, the value of permits issued was $33,234,533 and the estimated value of permits for this fiscal year is $50,000,000. He also stated that the planning and public works staff are currently working on approximately 26 projects which includes multi-family, subdivisions, planned unit developments, and commercial. 2322 CITY ADMINISTRATOR'S REPORT. Administrator Childs commended Public works Manager Rohman and Finance Director Gillespie for their presentation on the yard waste recycling program and the proposed rates, and for the diligence these individuals have put into this task. He also stated that these individuals are working on the planning Page 8 - Council Meeting Minutes, November 24, 1997 "- -_._...._.._.,--~...~-_.__._--_.---_.._-~ 'II T TAPE READING 2388 2665 " COUNCIL MEETING MINUTES November 24, 1997 aspects of the telephone system which will be before the Council within the near future. MAYOR AND COUNCIL REPORTS. Councilor Jennings stated that the Mid-Willamette Valley Transportation Committee will discuss the 1-5 corridor issue in March 1998. He will be attending the December 5th meeting at which time he will reiterate some of the information the ODOT Director had told the Councilors at the LaC conference. Councilor Figley expressed her thanks to the police officers who cited motorists for speeding in front of her home and for the multi-agency sweep within the City. As a result of this action, she has noted some positive effects in that motorists are not traveling as fast in the residential areas. She also informed the Public Works Director that the Tout St. catch basin is working properly. Council Jennings questioned if the Mayor and Councilors had received an invitation from the National Guard for the rededication ceremony to take place at the Woodburn Armory on December 6th at 10:00 a.m.. The Mayor and several Councilors stated that they will be attending. Mayor Kirksey stated that Councilor Pugh had requested that the Mayor relay to the public that the Pugh's will be donating their State "Kicker" refund check to the local school district and he encouraged others to do likewise. Mayor Kirksey stated that she had drafted a letter to send to the Marion County Commissioners regarding the appointment of David Vancil and Ron Lilienthal to the Marion County Solid Waste Advisory Committee. The Commissioners are expected to make appointments to this Committee on Wednesday. JENNINGS/FIGLEY... direct the Mayor to send the letter to the Marion County Commissioners on city stationary. The motion passed unanimously. EXECUTIVE SESSION. JENNINGS/FIGLEY... adjourn to executive session under the authority of ORS 192.660(1) (f) to consider records that are exempt by law from public inspection, ORS 192.660(h) to consult with counsel concerning legal rights and duties of a public body with regard to current litigation or litigation likely to be filed, and ORS 192.660(1) (a) to consider employment of a public officer, employee, staff member or individual agent. Attorney Shields stated that the legal authority for consultation with counsel is ORS 192.660(1) (h). Page 9 - Council Meeting Minutes, November 24, 1997 .., ... TAPE READING 2728 ATTEST "" COUNCIL MEETING MINUTES November 24, 1997 The motion to adjourn to executive session passed unanimously as corrected. The Council adjourned to executive session at 8:19 p.m. and reconvened at 8:42 p.m.. Mayor Kirksey stated that no action will be taken by the Council as a result of the executive session. ADJOURNMENT. JENNINGS/HAGENAUER.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:43 p.m.. APPROVED ~l~ 1~J-; NANCY A KIRKSEY ! I J1( ~~-I-- Mary ~nant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, November 24, 1997 ,-- d"""'__' -.-. .-. '"T~-'- 11 I