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Minutes - 04/22/1996 TAPE READING 0001 0003 0010 0020 0045 0055 ..,., COUNCIL MEETING MINUTES April 22, 1996 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 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 Present Present Present Present Present Present (7:23 pm) Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Police Chief Wright, Community Development Director Goeckritz, Park & Recreation Director Holly, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant Administrator Childs requested that the following items be added to the agenda: Item 10(C) - Modification to Cinco de Mayo Street Closures, and Item 15(C) - Community Policing Action Plan. JENNINGS/FIGLEY... additions to the agenda be approved. The motion passed unanimously. MINUTES. JENNINGS/FIGLEY... approve the Council regular and executive session minutes of April 8, 1996; and accept the Planning Commission minutes of March 28, 1996. The motion passed unanimously. ANNOUNCEMENTS. Mayor Kirksey informed the Council that Councilor Sifuentez would be about a half-hour late due to a prior commitment. National Day of Prayer is scheduled for May 2, 1996. A prayer service will be held on the steps of City Hall between 12:20 pm and 12:40 pm. A public hearing on the 1996-97 City Budget will be held on May 13, 1996 at 7:00 p.m.. Page 1 - Council Meeting Minutes, April 22, 1996 ~,. ~- . -- .....-..'".._...,_.,-'-~..<.~'----_._~.,<. --.-.-...--------..---.--.- .. . . TAPE READING 0101 0156 0181 - COUNCIL MEETING MINUTES April 22, 1996 The City Council will hold a special Council meeting on Monday, May 20th, 7:00 p.m., since the regular May 27th meeting falls on the Memorial Day holiday. Cinco de Mayo Days will be celebrated in the downtown area on May 3-5, 1996, and local residents are encouraged to attend this annual event. PRESENTATION -- LIBRARY EMPLOYEE OF THE YEAR AWARD. Library Director Sprauer stated that Nicolette Wonacott had been selected as this year's "Library Employee of the Year". She stated that Ms. Wonacott originally started with the City in 1990 and is now serving as Circulation Librarian. Ms. Wonacott was unable to attend this meeting to receive her award. Her name will be added to the placque recognizing those employees who have received this award over the last several years. CHAMBER OF COMMERCE REPORT. Joanne Beck, Chamber representative, stated that the Tulip Festival concluded on April 21st and early reports indicate that it was a success. She also reminded the public that April 25th is "Take your Daughter to Work" day and she encouraged parents to participate in this program as a means of promoting business. JENNINGS/FIGLEy.... suspend the rules to allow the reading of the letter from the Hermanson Addition Neighborhood Watch group and allow discussion on the subject addressed in the letter. The motion passed unanimously. Councilor Jennings read the letter expressing their concerns over two problem houses on Marshall Street. The letter briefly summarized the problems/activities during the last year at one of the two homes (444 Marshall). They urged the Council to take action in addressing issues of land lise, sub- standard housing, and drug house evictions for the purpose of enacting a criminal or civil law that would facilitate the changing of the current occupancy of the homes. Councilor Jennings expressed his frustration with this situation since our current civil infraction ordinance provides for a lien on the property rather than an opportunity to evict residents or place individuals in jail for a criminal act relating to civil violations. He stated that he and Mayor Kirksey will be meeting with staff tomorrow to further review our options and he promised the neighborhood group that some action would be taken and he would keep them inform of what comes out of the meeting. Page 2 - Council Meeting Minutes, April 22, 1996 ~. ._,~-_.-~_._-- TAPE READING 0380 0582 0617 0668 0700 "' COUNCIL MEETING MINUTES April 22, 1996 Mayor Kirksey also expressed her frustration on this unacceptable situation and feels that something can be done to correct this situation. Barbara Cannon, 501 Marshall, stated that she would trust the Council to take whatever steps they can to help their neighborhood. David Paul, 427 Marshall, stated that the resident has had no water service for several weeks therefore making it a potential health hazard at this residence. He urged the Council to take some action before the home deteriorates even further. He also mentioned that a neighbor had seen some rats at the residence. Walt Howell, 471 Marshall, stated that his summer painting crew had worked at this house a few years ago and, at that time, he had to make some minor repairs to the roof. The roof was in very poor condition then and has not had any work done to it since that time. Additionally, wooden pallets are now being torn apart and used for firewood. He questioned the safety of the home and suggested that the City investigate the home to see if it would be considered as a dangerous building. JoAnne Bjelland, 888 Wilson, suggested that the Council look at the Chronic Nuisance Property Ordinance to evaluate the 60- day provision and make any modifications to the ordinance that would allow action to be taken when necessary. Mayor Kirksey stated that they will be discussing these issues with staff tomorrow so that the Council can move on this situation very quickly. Councilor Pugh commended the Neighborhood Watch Group for pursuing this problem to the level for which they are now at and he encouraged other Neighborhood Watch Groups to be active since this provides the Police Department with additional support. Mayor Kirksey stated staff has been given some directions relating to Transient Businesses and, hopefully, be able to present something to the Council at the next meeting. Councilor Pugh suggested that the sewer rate issue be placed as an action item on the next Council meeting agenda. He placed into the record a letter from Dement Brown, 3283 Nekia St., on this issue. The Mayor delayed any further discussion on sewer rates until the Mayor & Council reports portion of this agenda. Deanna Jolly, owner of the Artic Circle, stated that the owner of the taco wagon had an agreement with Domino's regarding use of their facility for water, refrigeration, etc.. The Domino's franchisee has recently left and there is no longer an agreement for the services, therefore, the owner of the Page 3 - Council Meeting Minutes, April 22, 1996 .~". '-'~",.,..,-,~._-~-_.._-~-_.,.. . , TAPE READING 0740 1000 1126 ...., COUNCIL MEETING MINUTES April 22, 1996 taco wagon is now bringing in fresh water to their mobile business. Mayor Kirksey stated that she would contact the County Health Department on Tuesday morning to investigate this situation. CONTINUATION OF PUBLIC HEARING -- WOODBURN TRANSPORTATION SYSTEM PLAN. Mayor Kirksey continued the public hearing at 7:28 p.m.. Public Works Manager Rohman reviewed the recommended change in paragraph 9.2.3, page 89, in which the language would now read "...improvement (including but not limited to the following: improve existing interchange..."). Director Goeckritz read a letter into the record from Capital Development withdrawing their objections to the wording in the document based on the modification proposed by staff. Councilor Jennings stated that he had received a call from Mr. Donaldson of Capital Development who stated that his company is removing their objections to the draft plan and give their full support for approval. Director Goeckritz also read a letter into the record from an attorney firm (Stoll & Reeve, Attorneys) representing the Factory Outlet developers on the west side of 1-5 who had been given site plan approval in 1992 with the condition that the development could not begin until after the Transportation Plan had been approved. The developers of this property requested that the ordinance findings include a statement that the condition of approval imposed upon the Woodburn Factory Store site is satisfied by the Plan. Director Goeckritz stated that the Land Conservation Dept. has not yet responded back to the staff regarding the language modification, but, given the 20 day time period from in which they have an opportunity to respond, the staff strongly feels that they do not object to the modified language. Keith Woolen, 259 W. Clackamas CI., stated that an east/west by-pass is necessary to divert traffic flow from Highway 214 and Hayes Street. His by-pass proposal has been endorsed from other local agencies, businesses, and the Senior Estates Golf & Country Club Board of Directors. In his opinion, this by- pass should be completed by the time Capital Development starts their development project. Since there were no other comments from the audience, Mayor Kirksey declared the public hearing closed at 7:40 p.m.. JENNINGS/PUGH.... Transportation Plan be adopted as amended and the staff be instructed to draft an ordinance for consideration at the next meeting. The motion passed unanimously. Page 4 - Council Meeting Minutes, April 22, 1996 . ,..... .----.----"'-_. ~___"-____4..._," - . TAPE READING 1220 1266 1298 1368 ...... COUNCIL MEETING MINUTES April 22, 1996 Councilor Jennings thanked the Task Force for their work on this project and he suggested that Certificates be presented to the members recognizing them for their hard work. Mayor Kirksey also thanked Mr. Woolen for attending this meeting so that his testimony could be included in the record. She also mentioned that the by-pass concept is included in the Transportation Plan. COUNCIL BILL 1706 - ORDINANCE AMENDING THE TEXT OF THE WOODBURN 2000 COMPREHENSIVE PLAN TO INCLUDE UPDATED FIGURES. CHARTS. STATISTICS. AND NARRATIVE RELATED TO POPULATION GROWTH. ECONOMY. AND LAND USE INVENTORIES. Council Bill 1706 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 1706 duly passed with the emergency clause. COUNCIL BILL 1707 - RESOLUTION DESIGNATING THE COMMUNITY DEVELOPMENT DIRECTOR AS ENVIRONMENTAL CERTIFYING OFFICER FOR THE PURPOSE OF ADMINISTERING THE HOUSING REHABILITATION GRANT PROGRAM. Council Bill 1707 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 1707 duly passed. MODIFICATION OF CINCO DE MAYO TIME REQUEST. Organizers of the Cinco de Mayo celebration have requested that the downtown parking lot closure for Friday, May 3rd, begin at 3:00 pm rather than 6:00 pm as originally granted by the Council. Chief Wright stated that the local businesses have been contacted and there is no objection from the businesses for the early closure. JENNINGS/FIGLEy.... approve the request to close the downtown parking lot at 3:00 pm on May 3rd. The motion passed unanimously. SITE ACTION PLANS. (A) Site Plan Review #95-27 -- United Disposal Service expansion (2215 N. Front St.). The Planning Commission approved the site plan for a 4,800 sq ft shop and 85,000 sq ft storage yard expansion. No action was taken by the Council regarding this site plan. (B) Site Plan Review Expansion -- Bi-Mart/Shop-N-Kart Complex (1542 Mt. Hood Ave.). The Planning Commission approved the site plan review request for the construction of an Page 5 - Council Meeting Minutes, April 22, 1996 ,- ._.~,. ..-.---- TAPE READING 1390 1689 2056 ...", COUNCIL MEETING MINUTES April 22, 1996 approximate 11,590 sq ft building for commercial uses. No action was taken by the Council. STAFF REPORTS. (A) Liquor License Criteria -- In the memo from the Chief, he provided information on "party status" which is a legal status provided through judicial review and, if granted, the City can represent themselves at OLCC hearings. It was also noted that the sample ordinance from the City of Independence is not criminal in nature, therefore, violation of the ordinance only gives the police authority to issue a citation. Attorney Shields reviewed the "party status" in which the City Attorney appears at an OLCC hearing to present testimony and cross-examine witnesses affording the City the same opportunity as the business establishment in presenting their case. It was noted that the Attorney General's office no longer sends an attorney to these hearings. Councilor Jennings spoke in favor of this type of action on a case by case basis. Staff agreed that party status should be carefully evaluated and, if applicable, will be made part of the final recommendation on a liquor license enforcement policy. (B) Facilities Task Force Recommendation --- The Mayor stated that a workshop will be held to review the recommendations on short and long term facility needs. (C) Community Policing Action Plan --- Chief Wright stated that the City has been working with community policing for approximately 8 years and the action plan formalizes Community Policing in identifying objectives, goals, and strategies. It also provides a means for the Council to hold the Police Department accountable to the Council's and community needs. He reminded the Council that the City did receive federal funding for 3 police officers to implement a community policing program, however, all officers will continue to participate in community policing. Officers currently assigned to specific areas are 1) Officer Weaver - Senior population, 2) Officer Torres - Hispanic population, and 3) Officer Hogan - Multifamily housing. CITY ADMINISTRATOR'S REPORT. Administrator Childs reminded the Mayor and Councilor Jennings that staff would be meeting with them tomorrow, April 23rd, 1:00 p.m., at City Hall to discuss the issues brought up before the Council by the Hermanson Addition Neighborhood Watch group. Page 6 - Council Meeting Minutes, April 22, 1996 " -. ~ --., COUNCIL MEETING MINUTES April 22, 1996 TAPE READING The public was also reminded of the Gang Forum scheduled for Wednesday, April 24th, 7:00 p.m., at the French prairie Middle School. 2106 MAYOR AND COUNCIL REPORTS. Sewer Rate Issue --- Councilor Pugh distributed sewer rate schedules prepared by Preston Tack and himself that would establish a sewer charge to customers based on family size. It was noted that the figures used in the charts would need to be adjusted to meet the estimated financial obligations for the construction and operation of the new wastewater facility. For example, his proposal provided for a minimum charge of $13.50 with 300 cu ft allowed with an additional charge of $3.59 per 100 cu ft over 300 cu ft. As the family size increases, the minimum charge and allowable cu ft also increase with the rate per 100 cu ft remaining the same. In the schedule proposed by Preston Tack, a flat rate is charged per household based on the number of residents age 12 and over with the minimum rate set at $15.00 per month and the maximum rate of $77.50 per month. Councilor Pugh also read a letter from Dement and Marie Brown, 3283 Nekia St., who are in support of a flat rate amount of approximately $27 per month rather than the minimum rate plus volume charge currently in place. The Brown's expressed their concern over the high bills being paid by other customers with large families and, even though they are retired, stated that they would be willing to pay a higher flat rate. Councilor Pugh expressed his desire to see this issue before the Council at their next meeting. Councilor Jennings stated that he did not want to make a decision until he knew that the total dollars collected under either one of these proposals would be sufficient to cover the proposed costs for construction and operations. Councilor Pugh reiterated that the rate structure proposed are not accurate but feels that staff would be able to provide that information by the next meeting. 2520 Councilor Figley thanked her constituents and the Councilors for their patience while she worked on a special project at her job for a couple of months and was unable to attend a few of the Council meetings. Councilor Sifuentez stated that she had toured the homes in the Tukwila project this weekend and was impressed with the positive points about Woodburn which were brought out by the tour guide who now lives in Woodburn but had previously lived in the Portland area. Page 7 - Council Meeting Minutes, April 22, 1996 .'t""-' -----... -- COUNCIL MEETING MINUTES April 22, 1996 TAPE READING 2689 Mayor Kirksey read a letter from Dorothy Senatra expressing her hope that the Council does not change the sewer rates or the minimum plus volume concept. Increasing the minimum rate in order to decrease costs incurred by high water volume users does have an impact on the senior population who are on fixed incomes especially when the one or two member household generally uses less water than the minimum allowable. The Mayor suggested that a one-hour workshop be scheduled to meet with staff to obtain preliminary information on the modifications, if any, to the rate structure. Public Works Director stated that the overall funding methodology is fairly complex and was developed by consultants in order to give DEQ a statistically sound formula for collecting revenues to meet construction and operational needs. The flat rate system gives predictable income from the customers whereas using a system based on family size is very unpredictable since there is no data available that we can use to determine how many individuals live in a household or the ages of those individuals. Tape 2 Councilor Jennings questioned the authority DEQ has in establishing rates for our customers. Director Tiwari stated that DEQ does not set specific rates, however, they must give final approval to the project of which the funding issue is one criteria within the plan. This topic generated a lengthy discussion between the Councilors since some members were concerned with increasing the minimum rate to those customers who use under the minimum allowable usage now in order to reduce bills incurred by customers who have high water usage. The "fair share" concept was discussed since this was a recommended goal of the Wastewater Task Force and was subsequently put into the wastewater ordinance last fall. A suggestion was made to keep the rate structure as it currently is but give low-income large families some type of financial relief. 0500 Director Tiwari reiterated that a major revision to the rate structure will require computer modeling which, in turn, requires our ability to predict past, present, and future. At this time, we are unable to predict the size of a household or the amount of water consumed by a household of specific size since customers of one family size may use substantially more water than a household of similar size. Whereas, the City does have water meters at each residence and total water flow is known in order to determine a minimum plus flow charge or a flow only charge. Councilor Jennings requested that staff provide the Council with the cost for generating a computer model and the cost involved to determine the number of persons in a household. Page 8 - Council Meeting Minutes, April 22, 1996 ~ .,_._..-.....__.__.._'_.~."'----~-"._--~-_." TAPE READING 0697 0718 0722 ATTEST ''"') COUNCIL MEETING MINUTES April 22, 1996 EXECUTIVE SESSION. JENNINGS/PUGH. . .. adjourn to executive session to conduct deliberations with persons designated by the governing body to negotiate real property transactions under the authority of ORS 192.660(1) (e). The motion passed unanimously. The meeting adjourned to executive session at 8:55 p.m. and reconvened at 9:56 p.m.. Mayor Kirksey stated that no action was being taken by the Council as a result of the executive session. ADJOURNMENT. JENNINGS/PUGH.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:57 p.m.. APPROVED /?l~ ~_. Mary ~ant City Recorder Page 9 - Council Meeting Minutes, April 22, 1996 r- ,~...- _.4"._._.."_.__....,....-___._ . r