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Minutes - 09/23/1996 " COUNCIL MEETING MINUTES September 23, 1996 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 23, 1996. 0003 CONVENED. The Council met in regular session at 7:05 p.m. with Mayor Kirksey presiding. 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present Present Present Absent Present Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Police Lt. Eubank, Community Development Director Goeckritz, Finance Director Gillespie, Park & Recreation Director Holly, Public Works Manager Rohman, Water Supt. Schooler, Library Director Sprauer 0022 MINUTES. FIGLEY/PUGH... Council regular and executive session minutes of September 9, 1996 and the Council workshop minutes of September 10, 1996 be approved. The motion passed unanimously. 0025 ANNOUNCEMENTS. A) A Council workshop will be held concerning subsidized housing issues on Monday, September 30, 1996,7:00 p.m., in the City Hall Council Chambers. B) A public hearing before the Council will be held on October 14, 1996,7:00 p.m., City Hall Council Chambers, regarding Mar-Dene Corp. Access Conditions. C) A public hearing before the Council will be held on October 15, 1996,7:00 p.m., City Hall Council Chambers, regarding Esperanza Court. 0040 PROCLAMATION - CRIME PREVENTION MONTH. Mayor Kirksey proclaimed the month of October 1996 as Crime Prevention Month within the City and urged citizens, government agencies, private institutions, and businesses to increase their participation in our community's crime prevention efforts. Page 1 - Council Meeting Minutes, September 23, 1996 -r------~ I I "'"r, COUNCIL MEETING MINUTES September 23, 1996 TAPE READING 0090 CHAMBER OF COMMERCE REPORT. Patrick Vance, Chamber representative, stated that the new Chamber City map will be available around the first part of October. Engineering staff member Julie Moore received a special thanks from the Chamber for her assistance on this project. Tulip bulb planting week, a sequel to the Tulip Festival, will be held October 7-12 which is a good time to plant these spring bulbs. The nursery will be selling the bulbs at a discount and more information on activities planned for this week will be available at a later date. The Greeter's Program will be held on Wednesday, October 2nd, at the office of Hallmark Properties. He also distributed information on a Drug-Free Workplace training program scheduled for October 25th which is targeted for Woodburn area employers who would like to know more about the ramifications of the Drug-Free workplace. In regards to the hotel/motel tax, he requested that a workshop be held prior to the October 28th workshop with the Budget Committee to discuss the tax and funding proposals which have come forward from the Chamber and staff. 0192 COUNCIL BILL 1749 - ORDINANCE ANNEXING PROPERTY INTO THE CITY ADJACENT TO AND WEST OF BOONES FERRY RD.. AND AMENDING CITY ZONING MAP FROM COUNTY UTF TO CITY RS. Councilor Hagenauer introduced Council Bill 1749. Finance Director Gillespie read the two readings of the bill since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1749 duly passed with the emergency clause. 0225 COUNCIL BILL 1750 - ORDINANCE ANNEXING PROPERTY INTO THE CITY ADJACENT TO AND EAST OF N. BOONES FERRY RD.. AND AMENDING THE CITY ZONING MAP FROM COUNTY UTF TO CITY RS. Council Bill 1750 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 1750 duly passed with the emergency clause. 0259 COUNCIL BILL 1751 - ORDINANCE AMENDING ORDINANCE 1638 TO MODIFY THE DEFINITION OF AN ANIMAL RUNNING AT LARGE. Council Bill 1751 was introduced by Councilor Hagenauer. Finance Director Gillespie read the two readings of the bill by title only. Lt. Eubank briefly reviewed the difference between the existing and proposed language in response to questions asked by Councilor Pugh. Mayor Kirksey commended staff on their rapid response on this issue and stated that this amendment would require dogs to be on a leash when not on the dog owner's property. Page 2 - Council Meeting Minutes, September 23, 1996 - ... TAPE READING **See corrected minutes of 10/14/96 0416 0455 0470 0474 ']-, COUNCIL MEETING MINUTES September 23, 1996 1t was also noted that the Senior Estates Homeowners Association rules requires all dogs to be on a leash. On roll call vote for final passage, the vote was 4-1 with Councilor Pugh voting nay. Since the bill did not receive unanimous approval on the first date it was introduced, the bill will be brought back for another reading and vote at the next regular meeting. COUNCIL BILL 1752 - RESOLUTION ENTERING INTO A COOPERATIVE AGREEMENT WITH THE STATE FOR PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCING FOR INSTALLATION OF A TRAFFIC SIGNAL AT THE NORTHBOUND RAMP OF 1-5. Council Bill 1752 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 1752 duly passed. REOUEST FROM P.C.U.N. FOR USE OF SOUND AMPLIFICATION EOUIPMENT . Pineros y Campesinos Unidos del Noroeste (PCUN) has requested permission to use sound amplification equipment on Sunday, October 6th, to provide participants in the First Annual Cipriano Ferrel Day Celebration an opportunity to listen to the program being presented by their organization at their offices located at 300 Young Street. Staff recommended that permission be granted to utilize the sound equipment from 2:30 pm to 6:30 pm on October 6th. FIGLEY /SIFUENTEZ.... authorize the use of sound amplification equipment by PCUN on Sunday, October 6th, from 2:30 pm to 6:30 pm. The motion passed unanimously. ACCEPTANCE OF PUBLIC UTILITY EASEMENT ADJACENT TO PARR RD. Staff recommended the acceptance of a public utility easement from Hazel M. Smith which lies adjacent to Parr Road across from the Woodburn Middle/Elementary School project. FIGLEY /SIFUENTEZ.... the attached public utility easement executed by Hazel M. Smith be accepted as presented. The motion passed unanimously. ACCEPTANCE OF PUBLIC RIGHT-OF-WAY ON PARR ROAD. Staff recommended that a warranty deed for an additional 10 foot strip of property which is being conveyed as part of the condition of approval of the Parr Acres Mobile Home Park development, be accepted from DeTom General Partnership (Michael DeSantis). FlGLEY/SIFUENTEZ... warranty deed for public right-of-way executed by DeTom General Partnership be accepted. The motion passed unanimously. Page 3 - Council Meeting Minutes, September 23, 1996 - - 1" COUNCIL MEETING MINUTES September 23, 1996 TAPE READING 0490 CONTRACT AWARD - ELECTRICAL MODIFICATION AT WASTEWATER TREATMENT PLANT. Only one vendor, Linnco Electric, bid on the project which involves the installation of an electrical panel and components in an existing pole building, and the installation of three electrical panels and components for three pump stations. The bid was for $11,285.00 which is less than the engineer's estimate of $12,500. Staff recommended that the bid from Linnco Electric be accepted. FIGLEY /SIFUENTEZ.... award the electrical modification contract to Linnco Electric in the amount of $11,285.00. The motion passed unanimously. 0511 STAFF REPORTS. (A) CITY FINANCIAL SUPPORT OF WOODBURN AREA CHAMBER OF COMMERCE -- A memo from Administrator Childs suggested that the Council consider a change in the funding method from hotel/motel tax to a percentage of business registration fees. Mayor Kirksey suggested that a committee of Councilors, City Administrator, Mayor, and Chamber representatives meet to comeback with a recommendation to the Budget Committee and Council. PUGH/FIGLEy.... formation of a committee as suggested by Mayor Kirksey to meet with the Chamber be approved. The motion passed unanimously. Mayor Kirksey appointed Councilors Chadwick, Jennings, and Hagenauer to the Committee. 0542 (B) BALLOT MEASURE NO. 47 n_ In a memo from Administrator Childs, recent information from various sources indicate that the City could lose between $413,351 and $699,420 in property tax revenues if this ballot measure is approved by the voters of the State. Councilor Pugh expressed his deep concern on the potential impact of City services if property taxes are cutback to the levels outlined in the measure. Mayor Kirksey reiterated her concerns on this ballot measure which would not only severely impact the City but all other cities, counties, and special districts in the State. 0605 (C) BALLOT MEASURE NO. 43 - COLLECTIVE BARGAINING/PUBLIC SAFETY --- Administrator Childs included a Fact Sheet from the Local Government Personnel Institute outlining various provisions of the measure which would change specific collective bargaining laws for public safety employees and take away many of the changes made by Senate Bill 750 during the last legislative session which made the collective bargaining process more of a "level playing field" for both public employees and employers. (D) MARION COUNTY COMMUNITY CORRECTIONAL FORUM REPORT -- Administrator Childs reminded the Council that a full report is available in his office for their review. Page 4 - Council Meeting Minutes, September 23, 1996 ,. COUNCIL MEETING MINUTES September 23, 1996 TAPE READING (E) LIBRARY PARK IMPROVEMENTS -- Memos from Director Sprauer and Park Superintendent Pitt outlined the improvements to be made in Library Park along with the need to remove and/or trim certain trees within the park area. New trees would be planted to replace those that are removed. 0641 (F) WATER WELL HEAD PROTECTION AND PRIVATE WELL ABANDONMENT PROGRAM -- Public Works Manager Rohman stated that the purpose of this program is to protect the groundwater resources from contamination. Sources of potential contamination include the ground surface, below the ground surface but above the water table, and below the water table. The staff is working toward the development of a formal well-head protection program that would meet federal and state requirements. Assistant City Engineer Morrison explained how private wells can contaminate the City's water supply. Property owners within the City are encouraged to notify the City if they have a private well so that the information can be placed on a list, and if necessary, be abandoned in accordance with the rules established by the State Water Resource Division. The staff is proposing that the City provide a variable percent reimbursement to listed property owners who elect to abandon their welles). Public Works Director Tiwari stated that developers would be required to abandon the private well as part of a development proposal. The staff does not know if all privately owned wells are accounted for at this time and the City needs property owner assistance to update the list. He suggested that the Council may want to make a policy decision that would encourage residents to report their privately owned wells but not make them feel as if there is a problem in using the wells at this time. If a well would need to be abandoned, the City would come forward to help pay for costs associated with the abandonment. He informed the Council that he would be bringing an ordinance or resolution to the Council in the near future for their consideration. 1341 CITY ADMINISTRATOR'S REPORT. In regards to the potential special workshop with the Budget Committee on October 28th, the workshop is in limbo since October 28th is a regularly scheduled Council meeting date. The formal budget process begins in March which gives the Council and Budget Committee some additional time to meet before staff submits their budget proposals to him for review. 1392 EXECUTIVE SESSION. PUGH/FIGLEY... adjourn to executive session 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 under the authority of ORS 192.660(1)(h). The motion passed unanimously. The Council adjourned to executive session at approximately 7:45 p.m. and reconvened at 8:16 p.m.. Page 5 - Council Meeting Minutes, September 23, 1996 . . I. COUNCIL MEETING MINUTES September 23, 1996 TAPE READING 1408 Mayor Kirksey stated that there was no action to be taken by the Council as a result of the executive session. 1450 ADJOURNMENT. PUGH/FIGLEy.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:17 p.m.. A APPROVEDC;/~ NANCY A. ATTEST fY\ "--0<-~~,,-~L Mary Te t, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, September 23, 1996 9"'""".. ~,. . I