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Minutes - 08/26/1996 TAPE READING 0001 0003 0010 0022 0037 '1'''' COUNCIL MEETING MINUTES August 26, 1996 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 26, 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 Absent 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, Public Works Manager Rohman, Wastewater Superintendent Sinclair, City Recorder Tennant MINUTES. FIGLEy/PUGH.... Council minutes of the August 12th regular and executive session meetings and the Council minutes of the August 19th regular and executive session meetings be approved; and the Planning Commission minutes of August 8, 1996 be accepted. The motion passed unanimously. ANNOUNCEMENTS. A) Public Hearings on Annexation of Property -- On September 9, 1996, 7:00 p.m., the City Council will hold public hearings on the proposed annexation of the following properties: 1) Woodburn Art Center located on the west side of Boones Ferry Rd near Country Club Road, and 2) Baglien/Resch property located on the east side of Boones Ferry Rd. just south of Tukwila Drive. B) On September la, 1996, 7:00 p.m., a Council workshop will be held to discuss street improvements. C) On September 30, 1996, 7:00 p.m., a joint workshop will be held with the Council, Planning Commission, and Marion County Housing Authority to discuss the community impact of low/moderate income housing programs. D) The Council will hold a public hearing on the appeal by Mar-Dene/Wendy's of Planning Commission's Final Order SPR 92- Page 1 - Council Meeting Minutes, August 26, 1996 . ~ ....'.--,- J .~-"._~'-""._...~_..,...,~",--'1" TAPE READING 0074 0126 0153 ~ COUNCIL MEETING MINUTES August 26, 1996 12 (Holiday Inn Express) on Monday, October 14, 1996, 7:00 p.m., in the City Hall Council Chambers. E) A Council workshop will be held with the Budget Committee to review goals for the upcoming year. The workshop has tentatively been set for October 28, 1996. PRESENTATION -- GRANT AWARD FOR LIBRARY PARK IMPROVEMENTS. Mayor Kirksey read a letter from Burlingham Trust, Inc., awarding a $4,500 grant to the Library for an underground spinkler system. Director Sprauer expressed her appreciation in receiving the grant. She stated that the underground sprinkler system was one of several items deleted from the building construction project 20 years ago. CHAMBER OF COMMERCE REPORT. Dorthy Monnier, Chamber representative, informed the Council of the following upcoming events: a) Greeter's Program, September 18th, 8:00 am -- Colonial Gardens; and b) Business Showcase, October 24, 1996. Orrin Ostrom, Woodburn World's Berry Center Museum Board President, read a letter to the Council formally requesting the Council to begin a Special Assessment process for a draining/paving improvement of the alley between Hayes & Grant Street and between Lincoln & Harrison Street. City staff had previously met with the Board to outline options available. The Board has decided to choose Option 2 which is a concrete and asphalt combination with the paving to be assessed at one- half of the improvement cost. Additionally, the alley will be used for trucks and it will not accommodate a curbed sidewalk. Mayor Kirksey informed the Council that the Board's request is necessary to start the LID process. Public Works Director Tiwari stated that the Council could take action to initiate the process or the property owner{s) could make a formal request for the LID. He reviewed the LID process which includes a review of the engineering report and calling for a public hearing once the Council has reviewed the report. If a majority of the property owners are in favor of the improvement, an ordinance is adopted by the Council calling for the improvement. Once the costs have been established (either pre-assessed a set amount before project begins or after the completion of the project), another public hearing is held and property owners are given an opportunity to discuss with the Council their individual assessment of costs. Councilor Pugh suggested that this issue be held over until after the September lOth workshop on street improvements. Page 2 - Council Meeting Minutes, August 26, 1996 TAPE READING 0518 0648 0660 "j'" COUNCIL MEETING MINUTES August 26, 1996 Councilor Figley stated that she felt that it was appropriate to proceed with the engineering report at this time since there is a definite need to make the improvements. FIGLEY/SIFUENTEZ. . .. direct staff to proceed with preparing an engineering report. Councilor Hagenauer questioned if this project is on the priority street improvement list. Public Works Director stated that this project is one of the projects on the list and preliminary work has already been done, therefore, bringing forth an engineering report would not require a substantial amount of engineering time to complete. Councilor Pugh emphasized that ordering the engineering report does not place this project above all of the other items to be discussed at the September 10th meeting. Director Tiwari stated that, if the project is approved, it will be approximately one year before it is completed. Mayor Kirksey also stated that Councilor Jennings has been trying to get this project started and she did not feel that he would object to having the staff proceed with the engineering report. The motion passed unanimously. Tom Waggonner, 849 Woodland, informed the Council that, following a recent West Woodburn neighborhood potluck, some funds collected for the picnic were not expended and they would like to use these funds to beautify the island along Woodland Avenue. In addition, they would like the Parks Department involvement in the selection of the plants which would require minimal care. He also informed the Council that, prior to his death, Ralph Keep used to take care of the flowers located in the island. He suggested that the Council consider naming this area after Mr. Keep for his many years of work in keeping the island area into this neighborhood attractive. Councilor Figley suggested that Director Holly meet with Mr. Waggonner to discuss this project. She also stated that she has two shrubs that she is willing to donate for planting in the island strip. Mayor Kirksey stated that she would also like to work with Mr. Waggonner and Director Holly since she is aware of Eagle Scouts and Girl Scouts eager to do beautification projects within the community. Bill Phillips, 1213 Woodland Ave., questioned if the City could do anything about the destruction of the fence around Burlingham Park. He stated that several areas of the fence are dented from cars running into the fence. At a prior Council meeting, discussion was held regarding this issue and Page 3 - Council Meeting Minutes, August 26, 1996 .--~._" . I '""-~-""'-_...._-->-.............-~....,*-_...._-,.~ -"""!'-"'"-""" TAPE READING 0740 0777 0800 0815 COUNCIL MEETING MINUTES August 26, 1996 the public was told that the City was working on it. no action has been taken by the City as of this date situation is getting worse. Administrator Childs stated that Park Director unable to attend this meeting but he does know Holly has been working on the fence issue. He the Director on the status of this project. However/ and the Holly was that Director will check with COUNCIL BILL 1745 - ORDINANCE SUBMITTING TO THE VOTERS AN ADVISORY BALLOT CONCERNING PROPERTY ACQUISITION BY THE CITY IN THE DOWNTOWN AREA. Councilor Hagenauer introduced Council Bill 1745. 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. COUNCIL BILL 1746 - RESOLUTION AUTHORIZING GRANT APPLICATION TO THE 1996 MID-WILLAMETTE VALLEY RURAL INVESTMENT FUND FOR THE DOWNTOWN DEVELOPMENT PLAN. Council Bill 1746 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. REOUEST FOR USE OF SOUND AMPLIFICATION EOUIPMENT AND CLOSURE OF DOWNTOWN PARKING LOT FOR SALUD MEDICAL CENTER HEALTH FAIR. Salud Medical Center and Los Amigos de Woodburn are organizing a event that would combine the celebration of Mexican Independence Day, a Health Fair, and to promote minority-owned businesses. This event is scheduled for Saturday, September 14th, between the hours of 8:00 a.m. and 10:00 p.m. and will be held in the downtown public parking lot behind the Salud building. The organizers are requesting permission to use sound amplification equipment and to close the downtown parking lot during the hours of this event. Staff is recommending that the request be granted to close the parking lot from 8:00 am to 10:00 pm and to allow the use of sound amplification equipment from 6:00 pm to 10:00 pm. FIGLEY/PUGH... request for permission to use sound amplification equipment and closure of the downtown parking lot on September 14, 1996, be approved with the conditions listed in the memo from the Police Chief. The motion passed unanimously. ACCEPTANCE OF PUBLIC UTILITY EASEMENT - PARR ACRES. Staff recommended that the four (4) utility easements located within the Parr Acres Mobile Home Park be accepted from DeTom General Partnership and Hazel Smith. FIGLEY/PUGH... easements be accepted from DeTom General Partnership. The motion passed unanimously. Page 4 - Council Meeting Minutes, August 26, 1996 TAPE READING 0833 0880 ~- COUNCIL MEETING MINUTES August 26, 1996 SITE PLAN ACTION. (A) Site Plan Review Case No. 95-26 -- Esperanza Court. Mayor Kirksey stated that she would like to wait until all Councilors are present before any action is taken on this issue in the event a public hearing is called and personal calendars need to be checked to make sure every Councilor would be in attendance at the meeting. STAFF REPORTS. A) Sewer Use Ordinance -- Public Works Director Tiwari stated that DEQ is requiring the City to adopt an updated Sewer Use Ordinance. The draft ordinance has been approved by DEQ, however, the document is being circulated amongst the City's industrial users for comment and, as of this date, no negative comments have been received. Wastewater Superintendent Sinclair reviewed the need for the ordinance, the goals and objectives to be attained, and the responsibilities of the Council, Attorney, Public Works Director, and Wastewater Superintendent. It was noted that the last update of this document was in 1982 and various federal/state regulations have been changed which contribute to the need for the updated document. The purpose of this document is to establish requirements for non-residential discharges, to comply with federal and state laws, and an enforcement tool for non-compliance. Director Tiwari reiterated that the document has been distributed to the industrial users and Superintendent Sinclair has met with local businesses to review the contents of the proposed ordinance. The document is in its final stage and, if the Council has no objection to the language within the document, it will be brought back at the next meeting for adoption. B) Appeal of Final Order on Access Condition in Site Plan Review Case #92-12 -- Mar-Dene Corporation has appealed the Planning Commission's decision and a public hearing before the City Council will be held on October 14, 1996 at 7:00 p.m.. C) Progress Report on Repairs to the Downtown Salud Building -- Administrator Childs summarized his memo informing the Council that Salud had solicited bids for the project, however, the bids were substantially higher than the original estimate. Salud officials are evaluating their options and plan to re-bid the project this fall. As a reminder, the building has been declared as a Dangerous Building by the Council and litigation is pending, therefore, any other action being contemplated by the Council needs to be discussed with the City Attorney. Page 5 - Council Meeting Minutes, August 26, 1996 ~ '" TAPE READING 1500 1536 1635 1640 1646 ATTEST ,,. COUNCIL MEETING MINUTES August 26, 1996 CITY ADMINISTRATOR'S REPORT. Administrator Childs stated that a considerable amount of concrete work has been done in repairing sidewalks around the Library and installing a new sidewalk near the Library parking lot. MAYOR AND COUNCIL REPORTS. Councilor Pugh expressed his excitement in giving the citizens an opportunity to participate in the decision making process as it relates to future acquisition of property for city facilities in the downtown area. Barbara Lucas has volunteered to work on this project in order to get information out to the public as to what this advisory ballot really means before the voters cast their ballot. Councilors Hagenauer and Chadwick agreed with Councilor Pugh in that this issue needs to be brought before the voters. Councilor Sifuentez informed the Police Chief that residents along E. Lincoln Street are concerned about the speed of traffic in their neighborhood and she requested that some type of action be taken to remind motorists of the speed limit. Mayor Kirksey expressed her sympathy to the family of Sarah Donner (long-time Woodburn resident) who recently passed away. Her husband, Warren Donner, was the City's Water Superintendent for many years. EXECUTIVE SESSION. FIGLEy/PUGH.... adjourn to executive session to 1) conduct deliberations with persons designated by the governing body to negotiate real property transactions (ORS 192.660(1) (e)), and 2) consult with counsel concerning legal rights and duties of a public body with regard to current litigation or litigation likely to be filed (ORS 192.660 (1) (h)). The motion passed unanimously. The Council adjourned to executive session at 7:52 p.m. and reconvened at 8:43 p.m.. Mayor Kirksey stated that no formal action would be taken by the Council on items discussed in the executive session. ADJOURNMENT. FIGLEY/PUGH. ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:44 p.m.. "'ROVED L~_";< '1.1sk47 NANCY A. f KS Y, MAY {i .~ Ma ~nnant, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, August 26, 1996 , . -r-. ,-.., _'M'_'~_""~'.~""'-"-"" .. 'f