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Minutes - 06/10/1996 TAPE READING 0001 0003 0010 0023 0031 0045 0099 ...,.., COUNCIL MEETrNG MrNUTES June 10, 1996 DATE. COUNCrL CHAMBERS, CrTY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 10, 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 Absent 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, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant MrNUTES. JENNINGS/PUGH.... approve the Council special and executive session minutes of May 20, 1996, and accept the Library Board minutes of May 22, 1996. The motion passed unanimously. ANNOUNCEMENTS. A joint Council workshop will be held with the Park & Recreation Board, Facility Needs Task Force, and Community Center Advisory Committee on Wednesday, June 12th, 7:00 pm, in the City Hall Council Chambers. PROCLAMATION - FLAG DAY. In celebration of the united States Congress designating June 14th as National Flag Day, Mayor Kirksey declared June 14, 1996 as Flag Day in Woodburn and urged citizens to participate in the annual PAUSE FOR THE PLEDGE OF ALLEGIANCE at 7:00 pm EDT and join in the reciting of the Pledge of Allegiance to our Flag. CHAMBER OF COMMERCE REPORT. Mindy Smith, representing the Chamber, informed the Council that the Chamber is now on the Internet and they have a Webpage that promotes tourist activities. For access to the Webpage, please contact the Chamber office for the code information. On June 19th, Washington Mutual will host the Greeter's Program at 8:00 am. The Chamber Forum will be held at 12:00 Page 1 - Council Meeting Minutes, June 10, 1996 --.-- . I TAPE READING 0146 0387 0510 -", COUNCIL MEETrNG MrNUTES June 10, 1996 noon on the same day at Yun Wah's restaurant with the guest speaker being a representative from the visitor's Industrial Awareness Group. CONTINUATION OF PUBLIC HEARING - GRAFFITI ORDINANCE. Mayor Kirksey continued the public hearing at 7:08 p.m.. Police Chief Wright briefly reviewed the staff report which outlined the changes made to the proposed ordinance following the May 20th Council meeting. The penalty for violating the ordinance is a Class I civil Infraction which carries a maximum fine of $500. He reiterated that emphasis will be placed on compliance with the ordinance rather than following a civil process to remove the graffiti. Free paint is available at the Woodburn Fire Department through a county- wide program, however, there are limited colors available. Councilor Jennings questioned if Rosemary Ramirez still had a group of individuals available to paint over graffiti if the property owner is unable to do the work and they ask to have the work done. Chief Wright stated that he would contact Ms. Ramirez to see if this service is still available, and if so, it will be publicized. Patrick Vance, Chamber President, read a letter from the Chamber in support of the proposed ordinance. They urged the Council to assist property owners who are not able to repair the damage on their own with the clean-up by using funds collected under this ordinance. Rob Kool, representing the Woodburn Downtown Association (WDA) , also spoke in favor of the proposed ordinance, however, they would like to see the City contribute one-half of the cost for clean-up. The WDA does not object to the abatement process as outlined in the ordinance if the property owner fails to clean-up the graffiti in a timely manner. They also suggested that the Police Department have an aggressive plan to curtail graffiti and stricter sanctions be placed on those who are caught applying graffiti. Attorney Shields stated that those individuals who are caught applying graffiti are charged with criminal Mischief I which, if convicted, carries a maximum fine of $5,000 and 1 year in jail. Preston Tack, 2197 Camilla Way, stated that he has a problem with any ordinance or law that makes the victim responsible for the crime. In his opinion, graffiti is a community problem and the City should take on the responsibility to remove graffiti. Chief Wright stated that juveniles under the sole discretion of the juvenile court. He reminded the public that the Police Page 2 - Council Meeting Minutes, June 10, 1996 .,.-. .._.,._-,..._--~-~_.._-----"- . I TAPE READING 0574 0707 0756 0811 0858 "', COUNcrL MEETING MINUTES June 10, 1996 Department does offer a $100 reward for information leading to the arrest and identification of those persons who have applied graffiti. Mayor Kirksey declared the public hearing closed at 7:22 p.m.. Councilor Jennings stated that he agreed with the comments made by Mr. Tack, however, most property owners take care of the graffiti within a relatively short period of time. The business owners he has spoken with would rather not pay for this expense, however, they are willing to take care of the problem in order to keep their business looking presentable. Councilor Sifuentez spoke in support of the ordinance and urged the staff to make sure that property owners are aware of the free paint and, if available, the manpower to paint over the graffiti. Councilor Pugh agreed with the comments made by Mr. Tack and expressed his opposition to an ordinance in which the victim is affected. He urged the Council to consider the passage of an ordinance that would prohibit the sale of spray paint to anyone under the age of 21 similar to that which a local business owner has voluntarily instituted. He does not feel that the property owners would object to the City paying for the graffiti removal costs. Mayor Kirksey expressed her strong support for this ordinance since almost all of the owners take the responsibility to remove the graffiti. Additionally, the City will work with property owners to obtain paint, manpower, and/or support to keep buildings free from graffiti. JENNINGS/HAGENAUER. . .. staff be instructed to present the graffiti ordinance to the Council for consideration at the next meeting. On roll call vote, the motion passed 4-1 with Councilor Pugh voting nay. COUNCIL BILL 1715 - ORDrNANCE AMENDrNG THE COMPREHENSIVE PLAN TO INCORPORATE THE WOODBURN TRANSPORTATION SYSTEM PLAN. Council Bill 1715 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 1715 duly passed with the emergency clause. COUNCIL BrLL 1716 - ORDrNANCE AMENDrNG ORDrNANCE 2157 (WASTEWATER USER CHARGE ORDrNANCEl. Council Bill 1716 was introduced by Councilor Hagenauer. Councilor Sifuentez requested that the bill be read in full for the first reading and the second reading was by title only. Page 3 - Council Meeting Minutes, June 10, 1996 .. . TAPE READING 1082 1113 1212 , COUNCIL MEETrNG MrNUTES June 10, 1996 Public Works Director Tiwari that this ordinance provides adjustments to the wastewater bills for those new customers whose 3-month average water usage is less than 700 cu ft and they will be credited for the difference. This ordinance will also apply in those situations where a current customer has 3 consecutive months in which their water usage is below the established winter month average and their bill will also be adjusted. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council 1716 duly passed with the emergency clause. COUNCIL BILL 1717 - RESOLUTION ENTERING INTO AGREEMENT WITH US WEST NEWVECTOR GROUP. INC.. TO PROVrDE CELLULAR TELEPHONE SERVICES TO CrTY DEPARTMENTS. Councilor Hagenauer introduced Council Bill 1717. 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 1717 duly passed. COUNcrL BILL 1718 - RESOLUTION AUTHORIZING CITY ENGrNEER TO INITrATE AN ENGINEERING REPORT FOR A LOCAL IMPROVMEMENT SPECrAL ASSESSMENT DrSTRrCT RELATrNG TO THE rMPROVEMENT OF PARR ROAD FROM FRONT STREET TO THE WEST PROPERTY LrNE OF CENTENNIAL PARK. Council Bill 1718 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Jennings questioned if this improvement included the railroad crossing intersection. Director Tiwari stated that the proposed improvement did not involve the railroad intersection which will be done at a later date following discussions with the railroad and State Highway Department. A letter was received from the Woodburn School District (property owner on the south side of Parr Rd) requesting the formation of the Local Improvement District. On roll call vote for final passage, Council Bill 1718 passed unanimously. Mayor Kirksey declared the bill duly passed. COUNcrL BrLL 1719 - RESOLUTION DESrGNATrNG U.S. BANK AS A DEPOSITORY OF CITY FUNDS. Council Bill 1719 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 1719 duly passed. Page 4 - Council Meeting Minutes, June 10, 1996 ~. ~ . I TAPE READING 1239 1312 1357 1367 1379 ."'" COUNcrL MEETrNG MrNUTES June 10, 1996 REOUEST FOR TEMPORARY STREET CLOSURE - ALEXANDRA COURT. Chief Wright recommended that the request of the Alexandra Court neighbors be granted for the closure of Alexandra Court on July 4th between the hours of 10:00 am and 11:00 pm excluding emergency vehicular traffic. JENNINGS/PUGH.... request be approved as per the Police Chief's recommendation. Councilor Jennings questioned the potential closure of a through street for a similar purpose. Chief Wright stated that he consults with the engineering division and the Fire Department on a case by case basis. If the neighbors along a through street request a closure and the street is not considered as a major street, then a recommendation to close the street has been given in the past. The motion to approve the request passed unanimously. LIQUOR LICENSE APPLICATrON - CHANGE OF OWNERSHIP (SALVADOR'S BAKERY #3) . JENNINGS/SIFUENTEZ... based on information contained within the staff report, a public hearing is necessary before any action is taken on this issue. The motion passed unanimously. Chief Wright stated that it has been the Council's procedure to hold the hearing at the next regular Council meeting. ACCEPTANCE OF UTrLITY EASEMENT - 220 S. PACIFIC HWY. Staff recommended the acceptance of a public utility easement adjacent to 220 S. Pacific Hwy. from property owner Jimmy D. Templeton. JENNINGS/PUGH.... easement be accepted. The motion passed unanimously. ACCEPTANCE OF UTILITY EASEMENTS - SENECAL ESTATES. Staff recommended the acceptance of public utility easements from Senecal Inc., in conjunction with the completion of Senecal Estates Subdivision (Construction Phase III). JENNINGS/PUGH.... easements (site maps A, B, C & D) be accepted. The motion passed unanimously. REQUEST FOR SOUND AMPLIFICATION PERMIT AND EXTENSION OF INSURANCE COVERAGE - 4TH OF JULY CELEBRATION. A request was made by the Committee's Chairman Don Eubank for extension of the City's liability insurance coverage for the event between the hours of 10:00 am and 11:00 pm, and for permission to use sound amplification equipment during the same hours for the day's activities. It was noted that liability and workers' compensation insurance was purchased through the fireworks vendor to cover incidents arising as a result of the fireworks display. Page 5 - Council Meeting Minutes, June 10, 1996 l' -'-'-'-~>._-- .. I TAPE READING 1435 1473 1656 1738 ......, COUNcrL MEETrNG MINUTES June 10, 1996 JENNINGS/SIFUENTEZ.... request be approved for the extension of insurance coverage and use of sound amplification equipment. The motion passed unanimously. It was noted that the City's liability insurance coverage would be in effect for the day's activities outside of the fireworks display. CLAIMS FOR THE MONTH OF MAY 1996. SIFUENTEZ/PUGH.... authorize payment of voucher checks #31519- #31880 issued in May 1996. The motion passed unanimously. STAFF REPORTS. A) Draft Liquor License Policy -- Chief Wright requested Council input on the draft policy before it is submitted for final adoption. The final approved policy will be forwarded to OLCC to make them aware of the Council's involvement in the liquor license process. B) Dept. of Environmental Quality (DEQ) Approval of City's Wastewater Facilities plan -- Director Tiwari stated that the plan has now been approved with some minor conditions. The time period has begun and the City has 44 months in which to complete the construction project. C) Availability of State Revolving Fund loan for Wastewater Treatment Facility -- Director Tiwari also stated that DEQ has agreed to increase the $2,000,000 State Revolving Fund Loan to $4,000,000. D) Building Activity for the month of May 1996. CrTY ADMrNrSTRATOR'S REPORT. Administrator Childs stated that the Safety Committee had sponsored a Employee/Family Potluck picnic last Saturday which was well-attended by the employees. Members of the committee recognized for their work were Randy Rohman, Leonard Van Valkenberg, Curtis Stultz, Terry Williams, Judy Coreson, Bill Torres, and Mary Tennant. Administrator Childs also forewarned the Council that the Council agenda for June 24th will be quite full with general business items. MAYOR AND COUNCrL REPORTS. Councilor Sifuentez provided a brief report on her visit to Washington, DC, and her attendance at a White House reception in which she was honored to meet the President and his wife. She also informed the Council that she would not be in attendance at the next regular meeting. Page 6 - Council Meeting Minutes, June 10, 1996 - . TAPE READING 1800 1950 1983 ATTEST ...,., COUNcrL MEETrNG MrNUTES June 10, 1996 Councilor Jennings stated that the Hermanson Addition (Marshall St.) neighborhood watch group is frustrated with the present civil process. He requested that the Council make it a priority to make amendments to the nuisance ordinance relating to nuisance houses and making landlords responsible for what goes on in the house. He feels that the Council needs to give the group their support and pursue tightening up of our ordinance. He also informed the Council that the group is now pursuing civil actions through the Attorney General's office. Mayor Kirksey introduced Patrick Johnson who is the new reporter for the Woodburn Independent. Mayor Kirksey also informed the Council that the WDA is having their Summer Bash on June 17th at the Woodburn Elk's Lodge in the evening. Since it is also her birthday, she suggested that donations of items be given to improve Library Park rather than giving her a birthday present. She also thanked the Public Works crew for trimming the hedge on King Way which looks very attractive. ADJOURNMENT. JENNINGS/SIFUENTEZ. . .. meeting be adjourned. passed unanimously. The meeting adjourned at The motion 8:04p.m.. .' ~. ._-"l APPROVED IRKSEY, MAYOR fJ1ct?it ~~9~ Mary nnant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, June 10, 1996 '''- ...-..-.......--- . I