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Minutes - 07/22/1996 TAPE READING 0001 0003 0010 0021 0031 ...", COUNCIL MEETING MINUTES July 22, 1996 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 22, 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 Absent Present Absent 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, Library Director Sprauer, Public Works Manager Rohman, Wastewater superintendent Sinclair, city Recorder Tennant MINUTES. JENNINGS/PUGH.... approve the Council workshop minutes of June 12, 1996 and the regular Council meeting minutes of July 8, 1996; and accept the Planning commission minutes of June 27, 1996. The motion passed unanimously. PRESENTATION - POPLAR TREE PLANTATION AWARD. Administrator Childs briefly recapped the city's decision to set-up an experimental test plot for growing poplar trees as a means of using effluent from the wastewater treatment plant rather than discharging all of the effluent to the pudding River. This particular project has achieved national recognition from the consulting Engineers council of oregon and the American Consulting Engineers Council. Administrator Childs presented to the city and CH2M Hill a plaque from the Consulting Engineers council of Oregon with the "Engineering Excellence 1996 Grand Award" and a plaque from the American Consulting Engineers council with the "1996 Engineering Excellence Honor Award". Mark Madison, representing CH2M Hill, stated that he was honored to work with the city in developing this program. Director Tiwari stated that the awards are something the city should be proud of since they are not given to all jurisdictions. The poplar tree project was the least costly alternative method of using effluent. The public has been very supportive of the treatment facility project and the work Page 1 - council Meeting Minutes, July 22, 1996 _.._~-"~..._~_._-- ... I TAPE READING 0190 0212 0258 0300 0373 -....,., COUNCIL MEETING MINUTES July 22, 1996 has been going well. The citizens of Woodburn can be proud of the work that has been accomplished to date. It was also noted that a summary of the poplar tree project had been published in a nation-wide engineering brochure. Administrator childs recommended that the Council workshop scheduled for August 1, 1996 to review the non- union/management compensation study with PC Northwest be postponed to a later date, It was the consensus of the Council to cancel the meeting as recommended. A Council/Planning commission workshop will be held on August 19, 1996, 7:00 p.m., City Hall Council Chambers, to discuss the Water Master Plan. PROCLAMATION - NATION NIGHT OUT 1996.: Mayor Kirksey read a proclamation declaring August 6, 1996 as National Night out within the City and she urged members of the community to participate in this event and support crime and drug prevention programs. CHAMBER OF COMMERCE REPORT. Doug Templeton, representing the Chamber of Commerce, informed the Council of the following events: (a) July 24th, 5:00 p.m. - Chamber at the Drags; (b) August 7th, 8:00 a.m. - Greeter's Program at Sally's Restaurant; and (c) August 9th - Chamber Golf Tournament. Leon Holland, Commander of American Legion Post 46, presented Mayor Kirksey with a photograph of her firing the cannon at a memorial celebration at Belle passi on May 24th as a token of appreciation for the Mayor's past cooperation participation in American Legion events. Andy Neliton, on behalf of Classic Car Wash, 432 N. Pacific Highway spoke to the Council regarding the problem his business is having with the increased sewer rates. The company is a high volume user and the rates have increased three and four times. He stated the business is about to close because the sewer bill is running anywhere from $500 to $1,000 a month where it used to be between $200 and $240 month. He spoke about the high cost of doing business; from insurance to property taxes, and stated he was asking the city Council for some kind of break on sewer rates. Mr. Neliton stated he has three other stores and the sewer rates are not comparable and that he feels the increased sewer rates are a hardship. Page 2 - Council Meeting Minutes, July 22, 1996 ~--"---_. "II I TAPE READING 0546 0577 .-", COUNCIL MEETING MINUTES July 22, 1996 The Mayor pointed out that the rates are set so that everyone pays a fair share and that it would be very difficult to change one group without changing another and inquired about whether the business recycled water. Mr. Neliton explained that the business recycled 80 percent of the water in the automatic washing portion but the water used in the self-service section was not reclaimable. Mr Neliton further stated that his bill last month was $586.62 for sewer and $97.00 for water. He stated he feels this rate is absurd. He complained about the numerous free car washes that are conducted where all the water used to wash hundreds of cars goes down the storm drain. He stated if he were to do the same thing for one day, he would be fined and have to go to court and said he feels it is unfair that these people are not required to pay the fees he has to. Councilor Pugh asked Mr. Neliton if he had comparable data for other cities. Mr Neliton replied that he has that information for Albany and Lebanon and would provide it. Councilor Pugh indicated that he would like more specific information regarding this matter. Mr. Neliton stated he would return to the Council on August 12 with the data. city Administrator Childs asked Mr. Neliton to provide the information to staff prior to the August 12 meeting so it can be distributed to the Councilors. COUNCIL BILL 1737 - ORDINANCE AMENDING ORDINANCE 2157 (WASTEWATER USER CHARGE ORDINANCE I AND SETTING AN EFFECTIVE DATE. Council Bill 1737 was introduced by Councilor Sifuentez. 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 1737 duly passed. COUNCIL BILL 1738 - RESOLUTION ESTABLISHING 1996-97 NON-UNION EMPLOYEE COMPENSATION. Councilor Sifuentez introduced Council Bill 1738. The bill was read by title only since there were no objections from the Council. Councilor Figley requested staff clarification of the management salary schedule since they are no longer subject to the incremental step program. Administrator Childs stated that the step program was eliminated in 1992 and new hires after that date are not subject to specific step increases. He also reminded the Council that step adjustments must be confirmed by the Council. Page 3 - Council Meeting Minutes, July 22, 1996 'or-- . ."_..~~.._---,- ~ " . TAPE READING Q&ll. 0695 0716 0729 0743 ....", COUNCIL MEETING MINUTES July 22, 1996 On roll call unanimously. passed. vote for final passage, the bill passed Mayor Kirksey declared Council Bill 1738 duly MUNICIPAL JUDGE COMPENSATION. Municipal Judge Jan Zyryanoff submitted a letter to the Council requesting an increase in her hourly rate from $55 to $65 effective July 1, 1996. In a staff report from Administrator Childs, he provided the Council with background information on hourly rates paid to other consultants for the city along with municipal judge compensation amounts paid by other local jurisdictions. JENNINGS/FIGLEy.... hourly rate be set at $65 per hour. The motion passed unanimously. OLCC COMPLIANCE PLAN - SALVADOR'S BAKERY #3. Chief wright recommended the approval of the compliance plan which would be a part of the liquor license. JENNINGS/FIGLEy.... grant the attached Compliance Plan which would be a part of the liquor license and authorize the Police Chief to sign the agreement, and to recommend to OLCC that the liquor license application be granted to Salvador Larios DBA: Salvador's Bakery #3. The motion passed 3-1 with Councilor sifuentez voting nay. OLCC LIOUOR LICENSE APPLICATION - PIZZA CABANA. Mexico-Lindo, Inc. submitted a new outlet restaurant liquor license application for their new business located at 160 Garfield Street. The owners have submitted a list of "House Policies" in an attempt to prevent problems at their establishment. Chief Wright recommended that a favorable recommendation be forwarded to OLCC with the listed "House Policies". JENNINGS/PUGH.... send a favorable recommendation to OLCC for a restaurant liquor license to Pizza Cabana with the listed "House Policies". The motion passed unanimously. SOUND AMPLIFICATION PERMIT - HOUSE OF ZION CHRISTIAN FELLOWSHIP. The House of Zion Christian Fellowship has requested a sound amplification permit to conduct a Christian concert at their property, 438 Ogle Street, on August 17, 1996 between 3:00 pm and 7:00 pm. Staff recommended that the request be approved. JENNINGS/FIGLEy.... approve the amplified music request from the House of Zion Christian Fellowship for Saturday, August 17, 1996 between the hours of 3:00 pm and 7:00 pm. The motion passed unanimously. SOUND AMPLIFICATION PERMIT - WOODBURN LATIN AMERICAN CLUB. Page 4 - Council Meeting Minutes, July 22, 1996 - - TAPE READING ~ 0765 ..", COUNCIL MEETING MINUTES July 22, 1996 The Woodburn Latin American Club requested permission to use sound amplification equipment during Fiesta Mexicana Celebration on August 1, 2, 3 & 4, 1996 at Legion Park. Chief Wright's memo outlined the department's law enforcement efforts scheduled for this year's event and his recommendation to approve the request for the use of sound amplification equipment for the following dates and times: August 1st, 6:00 pm to 10:00 pm; August 2nd, 10:00 am to 11:00 pm; August 3rd, 10:00 am to 11:00 pm; and August 4th, 10:00 am to 10:00 pm. JENNINGS/FIGLEY... request for the use of sound amplification equipment by the Woodburn Latin American Club be approved for the dates/times listed above. The motion passed unanimously. AUTHORIZATION FOR POLICE CHIEF TO PERMIT STREET CLOSURES FOR NEIGHBORHOOD PARTICIPATION IN NATIONAL NIGHT OUT. Chief Wright requested permission to close streets in those areas of the community that are participating in the "13th Annual National Night Out" on Tuesday, August 6, 1996, from 6:00 pm to 10:00 pm. JENNINGS/FIGLEy.... Chief be given the authority to authorize street closures on Tuesday, August 6th, from 6:00 p.m. to 10:00 pm.. The motion passed unanimously. SEWER CONNECTION APPLICATION - 1680 LAUREL AVENUE. Councilor Jennings stated that he had a problem with taking property away at this time for future street widening of Landau Drive as a condition to connect to the city sewer. The property owner, Ben Gee, owns a parcel of land that lies between Laurel and Landau with his house being located to the north of Landau facing Laurel Avenue. He has owned the property for many years and Councilor Jennings expressed concern in dedicating a 30'x170' strip of land at this time since there are no immediate plans for developing the vacant land owned by Mr. Gee located adjacent to Landau Drive. It was noted that the property lies within the city boundary but has been on a septic system. Due to the failure of the septic service, the property owner has requested to connect to the City'S system with the nearest sewer service line being located on Landau Drive. Public Works Director Tiwari agreed with Councilor Jennings and was willing to remove condition #2 (dedicate to the City a 30-foot wide strip of land adjacent to Landau Drive) from the staff recommendation. He also stated that the proposed easement was for utility purposes, such as storm drain line, and not for dedication of a roadway. Further discussion was held regarding the issue which included concerns by some Councilors on future division of the property to accommodate a second home which would face Landau Drive and the need in the future to widen Landau Drive (currently a Page 5 - Council Meeting Minutes, July 22, 1996 r .. I TAPE READING 1059 1562 1618 1640 1661 .,., COUNCIL MEETING MINUTES July 22, 1996 half-street) in the event further development takes place in that area. JENNINGS/PUGH.... sewer hook-up be approved with the deletion of condition #2 from the staff recommendation. Further discussion was held on the proposed dedication of the 30' strip of land. Ben Gee stated that he needs to either connect to the city's system or fix his septic system and would like to get this matter resolved. Director Tiwari stated that he does not have a problem with either an easement or dedication, however, the Council had pre-directed staff to bring Landau Drive issues before them because of the half-street situation. In his opinion, the easement is a good compromise and will allow the City to use the strip of land for utilities. The vote on the motion was 2-2 with Councilors Figley and sifuentez voting nay. Mayor Kirksey voted nay to defeat the motion. FIGLEy/SIFUENTEZ.... approve the connection subject to (1) signing a non-remonstrance consent form for improvements on Laurel Avenue, (2) in the future in the event of any legal partition such as a partition plat of the subject property, sign an agreement that they will provide a 30' wide dedication of land adjoining Landau Drive that would have to do with property developed within 130' of the south or closer, (3) existing sanitary subsurface sewage disposal system shall be abandoned according to state regulations, and (4) connection from a Landau in the future be installed from Laurel at the owner's expense when it becomes available. The vote on the motion was 2-2 with Councilors Jennings and Pugh voting nay. Mayor Kirksey voted aye to pass the motion. ACCEPTANCE OF PUBLIC RIGHT-OF-WAY -- WILSON STREET. Staff recommended the acceptance of public right-Of-way being conveyed by Bonnie Tarnow and Shirley Robins on property located at the east end of Wilson street and is being conveyed as part of a condition of approval in site Plan Review Case #95-17. JENNINGS/FIGLEY... accept the easement from Bonnie Tarnow and Shirley Robins as recommended by staff. The motion passed unanimously. CLAIMS FOR THE MONTH OF JUNE SIFUENTEZ/FIGLEY.... approve for the month of June 1996. 1996. voucher checks #31881 - #32290 The motion passed unanimously. STAFF REPORTS. A) Land Use Issues - Periodic Review Questionnaire --- The Community Development Department is applying for a work Page 6 - Council Meeting Minutes, July 22, 1996 --'-'---- . . ...,., COUNCIL MEETING MINUTES July 22, 1996 TAPE READING evaluation grant from LCDC to conduct a special citizen involvement questionnaire. B) Change in Medical Insurance Rating -- Staff informed the Council that, effective August 1, 1996, the City was changing from the Employee Benefit Trust (EBS) "pooled" rating to an "experienced" rating which will save the City in premiums paid to the insurance company during this fiscal year. C) Liquor License Policy Recommendation -- Chief Wright's memo reviewed the proposed policy which encompasses new licenses and renewal of licenses. Once adopted, the policy would formalize what the city has done in the past and insures that all applicants are handled equally. One major change is in the procedures in that if the Police Department provides a negative recommendation, the Councilor within the Ward of the establishment would become involved to review what the Police Department has done prior to it being referred to the whole Council. The policy also includes a mediation process if the Council and Police Department does not agree on the recommendation. It was the consensus of the Council that the policy be brought back at the next meeting for formal adoption. D) Hot Weather Water Tips -- Public Works Manager Rohman assured the public that the City has no water problems at this time but he encouraged consumers to conserve water between the hours of 4:00 pm and 10:00 pm which seems to put the highest demand on the City's water supply. E) Update on Prohibiting the Sale of Spray Paints -- The staff memo outlined action taken to date which included contacting local stores to check on their current store policy and contacting the League of Oregon cities (LOC) to see if other cities have an ordinance in existence on this issue. It was noted that GW Hardware, along with other retail stores, already have a voluntary policy in effect. In regards to an ordinance, there does not seem to be another ordinance in effect that would prohibit the sale of spray paint to individuals under the age of 18. The memo also informed the Council that Attorney Shields had not had an opportunity to research the issue but will provide a report at a later date. Councilor Pugh stated that he wanted to pursue the study and work towards a sensible ordinance. Councilor Figley stated that if businesses were not willing to cooperate, she would like to know who they are so she can personally contact them to discuss this issue. 1931 CITY ADMINISTRATOR'S REPORT. Page 7 - Council Meeting Minutes, July 22, 1996 'r-' --,._-~,'~_.- . . -", COUNCXL MEETXNG MXHUTES July 22, 1996 TAPE READING Administrator Childs informed the public that as of tomorrow, the railroad crossing intersecting S. Front street and S. Boones Ferry Rd will be closed for the repair of the crossing. council Figley also stated that the major repair work to replace railroad ties has also lessened the vibration caused by the trains and she is very appreciative of the work done by southern Pacific. 1967 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez announced that there will be a blood drive held on August 12th at st. Luke's between the hours of 2:00 pm and 7:00 pm. She has a sign-up sheet available for anyone interested in giving blood. Councilor Pugh thanked the participants who attended the town hall meetings he had organized and stated that he felt very encouraged that people in Woodburn really do care as to what is going on in the community. 2300 Councilor Figley stated that she had read some information regarding the actions taken by other cities and counties to look into the possibility of using under utilized rail lines for public transportation and it is her intent to also pursue this issue. She also stated that she had read information on a "skinny streets program" which allows for lesser street widths if they do not need to be up to maximum arterial standards and she requested staff to look into this issue so that she can obtain more information on this subject. Councilor Jennings stated that the Burlington Northern tracks west of town are not being used much and felt that Councilor Figley is looking at an issue that should be pursued. He also requested that a workshop be held to review the street resurfacing program. Mayor Kirksey suggested that the workshop be held on September 10, 1996, at 7:00 p.m. with a tour of the streets on the list to begin at 6:00 p.m. so that the Councilors can see the condition of the streets before they review or establish a resurfacing priority list. Mayor Kirksey stated that she had just arrived back in Oregon late this afternoon after 3 weeks of traveling to New England and Texas. She stated that the streets in New England are in worse condition than ours and she really appreciates living in the Willamette Valley rather than on the east coast. 2375 EXECUTIVE SESSION. JENNINGS/FIGLEy.... adjourn to executive session under the authority of ORS 192.660(1) (h) to consult with counsel Page 8 - Council Meeting Minutes, July 22, 1996 I -- ~~---~- 'II I TAPE READING 2391 2398 2342 ATTEST ..", COUNCIL MEETING MINUTES July 22, 1996 concerning legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. The motion passed unanimously. The Council adjourned to executive session at 8:13 p.m. and reconvened at 8:27 p.m.. Mayor Kirksey stated that no action would be taken by the Council as a result of the executive session. SITE ACTION PLANS. Attorney Shields stated that options available to the Council are (1) call-up the site action by motion or (2) no action is necessary if the Council agrees with the Planning Commission's decision. (A) site Plan Review #96-06, Conditional Use #96-01 - Woodburn School District. No action was taken by the Council. (B) site Plan Review Access Condition on Case #92-12, Final Order. No action was taken by the Council. ADJOURNMENT. JENNINGS/FIGLEy.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:29 p.m.. L:;:. APPROVED NANCY 0'\ ~ Mary ~ant, Recorder city of Woodburn, Oregon Page 9 - Council Meeting Minutes, July 22, 1996 ,-- 'II I