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Minutes - 09/09/1996 TAPE READING 0001 0003 0010 0022 0035 0056 -,.... COUNCIL MEETING MINUTES September 9, 1996 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 9, 1996. 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, Police Chief Wright, Community Development Director Goeckritz, Finance Director Gillespie, Park & Recreation Director Holly, Wastewater Superintendent Sinclair, City Recorder Tennant MINUTES. FIGLEy/PUGH.... Council minutes of the August 19th workshops and the August 26, 1996 regular and executive session minutes be approved; and the Planning Commission minutes of August 22, 1996 and Library Board minutes of August 28, 1996 be accepted. The motion passed unanimously. ANNOUNCEMENTS. A) Applications are being taken for the Citizens Police Academy sponsored by the Woodburn Police Department. B) A Council workshop will be held on Tuesday, September 10, 1996, 7:00 p.m., City Hall, on the issue of street improvements. C) A Council workshop will also be held on Monday, September 30th, 7:00 p.m., City Hall, to discuss subsidized housing with Marion County officials. D) A public hearing will be held on October 14, 1996, 7:00 p.m., City Hall, regarding Mar-Dene Corp. Access Condition. PROCLAMATION - DISABILITY EMPLOYMENT AWARENESS MONTH - OCTOBER 1996. Mayor Kirksey read the proclamation declaring the month of October 1996 as Disability Employment Awareness Month in Woodburn and urged local citizens to learn more about people Page 1 - Council Meeting Minutes, September 9, 1996 r- -, '-'-"-' TAPE READING 0109 0134 0451 -,... COUNCIL MEETING MINUTES September 9, 1996 with disabilities including their strengths, abilities, and programs available to serve their needs. CHAMBER OF COMMERCE REPORT. Chamber representative Karen Sparks from the Comfort Inn reminded the Council that the Greeter's Program will be held at Colonial Gardens on September 18th. The Chamber Forum will be held at 12:00 noon on that date at Yun Wah's Restaurant on the topic "Secrets to Having Exceptional Employees". COMMUNITY CENTER ADVISORY COMMITTEE. Darrell Mendenhall, Committee Chairperson, stated that the appointed committee started meeting about 3 months ago to determine if 1) does the City want a new Community Center, 2) where should it be located, 3) what type of facility should be proposed, and 4) how a new facility should be funded. The Committee has been actively working on this project and recommends that a new Community Center be located in the downtown area near City Hall. In regards to the question does the City need a new Center, the Committee voted unanimously in favor since the current Community Center was designed to be a church, it has inadequate parking near the facility, and significant capital improvements are necessary to meet ADA standards. In regards to the issue of location, the Committee considered locations on Highway 214 near Industrial Park, along Hwy. 99E on property currently owned by the Brack Family, Centennial Park and downtown near current city facilities. The Committee kept focusing back to the original Facilities Task Force recommendation made earlier this year to locate a new Community Center near City Hall. If this were to happen, downtown Woodburn would have its "heart" near the Library, City Hall, and the Aquatic Center. Additionally, a potential Transit Mall could by located in this same area. He stated that the Committee has taken field trips to locations in Washington and Oregon and have found that the Community Center is usually located near their City Hall. It is the Committee's recommendation that the City acquire 2 full city blocks plus the purchase of property on the south side of Oak Street abutting Settlemier Park. Mr. Mendenhall stated that he and Robert Sawtelle had purchased property on the south side Cleveland Street directly across from City Hall with the vision that this property could be used for expansion of city facilities. The property was acquired by the City earlier this year through a donation on his part to the City and an agreed upon purchase price to the estate of Robert Sawtelle. The passage of a tax base in November 1994 gave the City some "breathing room" to further their vision of locating city facilities in a centralized area. Councilor Figley questioned if the Committee had looked at detailed plans for a new Center. Page 2 - Council Meeting Minutes, September 9, 1996 r TAPE READING 0520 0530 0615 0679 0721 l" COUNCIL MEETING MINUTES September 9, 1996 Mr. Mendenhall stated that the Committee has not settled on an exact design, however, they have agreed that the facility could be as much as 50,000 sq. ft. in size. The Committee will not pursue detail design without the assistance of an architect. Even though the Committee has recommended that the Center be located near City Hall, they have not recommended a specific site for the location of the Center, however, a map was made available to the Council designating the properties recommended for acquisition at some future date. Councilor Pugh expressed his appreciation to the Committee members for the work that they have accomplished to date. LETTER FROM BARBARA ROZCKO. A letter was received from Barbara Rozcko, 339 5th St, expressing her opposition to the high sewer bill she receives. In her opinion, the City does not need such an expensive plant and the people should vote on this issue rather than it being a decision made solely by the City Council. Marshall Serna, 444 Young Street, requested the Council to pass a "leash law" in Woodburn. He stated that he has been having problems with a dog coming into his yard and he has been told by the Code Enforcement Officer that the City does not have a leash law in place. He suggested that, if nothing else, the City adopt state laws on this issue. Maria Parra, 275 Cherry St., Mt. Angel, questioned if the City had ever made a proclamation for Fair Housing Month. She stated that the 1964 Civil Rights Act as it relates to Fair Housing goes hand-in-hand with the Americans with Disabilities Act (ADA). Mayor Kirksey did not recall doing a proclamation in the past on this issue, however, like all other proclamation requests, she is willing to prepare a proclamation that has been submitted to her from outside sources. Charles Cornwell expressed his desire to speak on the parking issue that is included in the packet under staff reports. Mayor Kirksey stated that she would give him an opportunity to speak on the issue later in the meeting. PUBLIC HEARING - ANNEXATION #96-02 AND ZONE MAP AMENDMENT #96- 01 (BAGLIEN/RESCH PROPERTY). Mayor Kirksey declared the public hearing open at 7:22 p.m.. Recorder Tennant read the land use statement as required by ORS Chapter 197. Community Development Director Goeckritz stated that any annexation process which starts within 90 days of the biennial primary or general election cannot become effective until the day after the election. He stated that alternatives available Page 3 - Council Meeting Minutes, September 9, 1996 r . I TAPE READING 1052 l' COUNCIL MEETING MINUTES September 9, 1996 to the Council are 1) approve the Planning Commission's recommendation, 2) approve but modify the Planning Commission's recommendation, or 3) deny the Planning Commission's recommendation. The property is located adjacent to the Tukwila development on the east side of Boones Ferry Rd. just south of Tukwila Drive and consists of approximately 1/3 acre. The applicant had requested city utility services earlier in the year and have since received those services, however, they had signed a non-remonstrance agreement regarding annexation of their property to the City. No one in the audience spoke either for or against the proposed annexation and zone map amendment. Mayor Kirksey declared the public hearing closed at 7:35 p.m.. JENNINGS/PUGH.... approve the Planning Commission recommendation and direct staff to draft an ordinance with findings and conclusions with the annexation taking place one day after the biennial general election. The motion passed unanimously. PUBLIC HEARING - ANNEXATION #96-03 AND ZONE MAP AMENDMENT #96- 03 (Woodburn Art Center) . Mayor Kirksey declared the public hearing open at 7:37 p.m.. Recorder Tennant read the land use statement required by ORS Chapter 197. Director Goeckritz reviewed the staff report and reminded the Council that the same statute provisions regarding the effective date of the ordinance would apply to this annexation. In this case, the facility needed adequate water supply and they had requested, and been granted permission, to connect to the City's water line with the condition that they would not object to future annexation of their property to the City. The property is located along N. Boones Ferry Rd adjacent to Heritage Estates. The Planning Commission has recommended annexation of the property and amending the zone map from County UTF to City RS. Joan Garren, representing Woodburn Together, stated that her group was working with the Art Center to begin an art program for students and she questioned if the RS zone is a proper zone for an Art Studio. Director Goeckritz stated that he is supportive of the proposal from Woodburn Together and the Art Center, however, the Art Studio in a RS zone would be a non-conforming use. Mayor Kirksey declared the public hearing closed at 7:45 p.m.. After a brief discussion on the zoning issue, JENNINGS/PUGH.... approve the Planning Commission's recommendation and direct the staff to prepare an ordinance with findings and conclusions with the annexation taking place after the biennial general election. The motion passed unanimously. Page 4 - Council Meeting Minutes, September 9, 1996 r '_0._. . . TAPE READING 1356 1417 1482 l' COUNCIL MEETING MINUTES September 9, 1996 Councilor Jennings stated that he would support a zone change if it would benefit the Art Center. Mayor Kirksey reiterated that the Art Center is an asset to the community. COUNCIL BILL 1747 - ORDINANCE GRANTING TO U S WEST COMMUNICATIONS THE RIGHT AND PRIVILEGE TO DO A GENERAL COMMUNICATION BUSINESS AND OPERATE IN THE CITY. Council Bill 1747 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 for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1747 duly passed with the emergency clause. COUNCIL BILL 1748 - ORDINANCE ADOPTING A SEWER USE ORDINANCE. Council Bill 1748 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 1748 duly passed with the emergency clause. CLAIMS FOR THE MONTH OF AUGUST 1996. SIFUENTEZ/FIGLEY. .. approve voucher checks #33248 - #33722 issued during the month of August 1996. The motion passed unanimously. 1534 Charles Cornwell, business owner at 390 Second St. (Cornwell Colonial Chapel), provided the Council with a brief history of the parking situation in the downtown area. He owns two parking lots across from and in the vicinity of his business. Marion County Juvenile and Marion County Health Department rent office space adjacent to one of his parking lots. The County employees are using all of the available on-street parking spaces in front of his business. He has submitted a proposal to the City which would impose a 2-hour parking limit. Establishing this limit would give his customers, along with the County Juvenile and Health Department clients, additional on-street parking spaces. He also stated that the County Juvenile and Health Department clients are currently using his private parking lot since the County staff is using all of the on-street parking spaces. 1646~ Maria Parra, Marion County Juvenile Dept. employee, suggested that the City give notice to the County so that, if appropriate, the County can provide comment on the proposed parking restriction. Page 5 - Council Meeting Minutes, September 9, 1996 -.-.-------.-- - - TAPE READING 1672 1840 2035 2048 '" COUNCIL MEETING MINUTES September 9, 1996 NEW BUSINESS -- LEASH LAW ISSUE. JENNINGS/SIFUENTEZ.... staff be instructed to draft a leash law. Councilor Jennings expressed his concern regarding the inability of some dog owners to keep their animals under voice control. He urged the Council to consider the passage of some type of leash law. Councilor Chadwick stated that Senior Estates does have a leash law as part of the homeowner rules. Councilor Figley also spoke in support of a leash law. Administrator Childs stated that the City does have an animal control ordinance that requires owners to keep their dog under control or confined to the owner's property or on a leash. Staff will research this issue and prepare necessary documents. Councilor Jennings reiterated that he wants the leash law to protect the residents of our community. The motion passed unanimously. SITE ACTION PLANS. (A) Site Plan Review Case No. 95-26 -- Esperanza Court: PUGH/HAGENAUER... open Site Plan Review Case #95-26 for a public hearing on October 15, 1996. Councilor Jennings stated that he would vote for this hearing in order to not stifle public comment. Councilor Figley agreed with Councilor Jennings and she complimented the Planning Commission for doing a fine job under difficult circumstances. Councilor Sifuentez stated that she would support the motion so that the public can hear what has been going on as it relates to this issue. Attorney Shields clarified the motion that it was being called pursuant to Section 11.050 of the Woodburn Zoning Ordinance and to set it for a public hearing on October 15, 1996. Further discussion was held on the proposed date of the hearing. On roll call vote, the motion passed unanimously. (B) Site Plan Review -- Seventh Day Adventist Church, 1100 N. Sixth Street: The Planning Commission approved, with conditions, the expansion of the parking lot and an approximate 590 sq. ft. addition to the existing building. No action was taken by the Council on this site plan. STAFF REPORTS. 1) Ballot Explanatory Statement: Recorder Tennant read the explanatory statement which will be printed in the County Voter's Pamphlet. Page 6 - Council Meeting Minutes, September 9, 1996 r . -----~..... . . l' COUNCIL MEETING MINUTES September 9, 1996 TAPE READING 2302 2) Consideration of Restricted Parking Areas: Staff is considering requests made to restrict parking in the following areas: A) east side of Second Street between Garfield and Hayes Street (2-hour parking restriction); and B) Park Avenue near Mt. Hood Ave. (no parking south of Mt. Hood Ave. to allow for easier turning onto the highway). The requests have been forwarded to the Police Department for comment and, if staff agrees with the requests, a recommendation will be forwarded to the Council by the first meeting in October. JENNINGS/HAGENAUER. .. staff consider proposing No Parking on either side of Park Avenue from the Mt. Hood Ave. intersection to the north side of the City's property. The motion passed unanimously Following further discussion on this issue, JENNINGS/PUGH... staff prepare the necessary documents to restrict parking on the east side of Second Street between Garfield and Hayes Street to 2 hours. The motion passed unanimously. 3) Library Development Grant: A copy of the grant application was included in the agenda packet for the Council's information. 4) Ballot Measures 46 and 47 - Local Impact: Administrator Childs provided the Council with a brief memo summarizing the effects of each measure. Ballot Measure 46 pertains to passage of tax or bond measures requiring the approval by a majority of all registered voters rather than the majority of those voters actually voting on the issue. Additionally, general obligation bonds would be subject to the Ballot Measure 5 limitations which was passed in 1990, therefore, creating an approximate loss of $96,647 in current city property tax revenues. Ballot Measure 47 would reduce property taxes paid to levels established in 1995-96 less 10% or 1994-95 taxes, whichever is less. This measure would also limit future tax increases to 3% with a few exceptions. The estimated loss in revenue to the City would be $586,089 if this measure is passed by the voters. Councilor Pugh stated that he hoped that the Administrator's memo would be repeated in the local paper and/or Cable TV so that this information would get out to the public as to the effect of these measures. Mayor Kirksey questioned the constitutionality of these measures and expressed concern over the loss of services within the community if property taxes were cutback due to the passage of these measures. Page 7 - Council Meeting Minutes, September 9, 1996 "r" _0" '-"_0 . I . TAPE READING 2455 3011 Tape 2 0130 0245 ..1' , COUNCIL MEETING MINUTES September 9, 1996 5) Wastewater Pre-Treatment Program: Wastewater Treatment Plant Superintendent Sinclair gave a short presentation to the Council on the City's pre-treatment program. The program focuses on permitting, compliance documents, monitoring flows, and protection of public health and safety. Director Tiwari stated that preventative measures relating to pre-treatment will hopefully make a better environment within our community. Regulations pertaining to pre-treatment are issued by the Dept. of Environmental Quality (DEQ) and the Environmental Protection Agency (EPA). Police Chief Wright spoke briefly on the Citizen's Police Academy which is scheduled to begin September 24th. This program is an II-week course which is designed to create a better informed community about police work. Several applications have been received, however, he has not yet received an application from a Councilor and he feels that it would be beneficial for the Council to participate in this program. MAYOR AND COUNCIL REPORTS. Councilor Pugh complimented the Woodburn High School football team on the game they played against Clatskanie last Friday. Even though Woodburn lost the game, they played better football than Clatskanie and they have improved over last season. Councilor Figley questioned the recent resurfacing projects being done by the City. Director Tiwari stated that the City had recently rented a drag box and only put a thin layer of asphalt on the roadway in order to preserve it for a few more years so that major reconstruction work will not be necessary. The drag box is not as smooth as a regular resurfacing project but it will keep the water from going under the asphalt and further deteriorating the original pavement. EXECUTIVE SESSION. JENNINGS/FIGLEY. ... 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; and under the authority of 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. The motion passed unanimously. Page 8 - Council Meeting Minutes, September 9, 1996 ...,------- . II I -1' COUNCIL MEETING MINUTES September 9, 1996 TAPE READING The Council adjourned to executive session at 8:37 p.m. and reconvened at 9:17 p.m.. 0253 Following their return from executive session, Mayor Kirksey stated that the Council would be taking no formal action on issues discussed. ADJOURNMENT. FIGLEy/JENNINGS.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:18 p.m.. APPROVED ATTEST fY1CL~~~~-dt- Mary Tennant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, September 9, 1996 . -r--._n_.__~_..._._---- . .