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Minutes - 03/11/1996 TAPE READING QillU 0003 0010 0020 0038 .,., COUNCXL MEETXNG MXNUTES March 11, 1996 DATE. COUNCXL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OP MARION, STATB OP OREGON, MARCH 11, 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, Police Lt. Eubank, Community Development Director Goeckritz, Finance Director Gillespie, Park & Recreation Director Holly, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant MXlWTBS. JENNINGS/FIGLEY... approve the council minutes of February 26, 1996; accept the Planning Commission minutes of February 22, 1996 and the Library Board minutes of February 28, 1996. Councilor Jennings stated that he did have a question on the Planning commission minutes however he would wait until the Mayor and Council Reports agenda item before he addresses his question. The motion passed unanimously. APPOINTMENT OF AD-HOC COMMITTEE ON YARD DEBRIS RECYCLING. Mayor Kirksey appointed the following individuals to serve on an Ad-Hoc Committee to address issues involving yard debris recycling: Charlotte Hiller, Jack Donley, Dallas Figley, and Henry Jaeger. In a memo from Administrator Childs, it was noted that a state law places responsibility onto the City to put a yard debris recycling program into place by July 1997. JENNINGS/SIFUENTEZ.... appointments to the Ad-Hoc Committee be approved. The motion passed unanimously. Mayor Kirksey stated that she would be adding two more names to the list at a later date. Page 1 - Council Meeting Minutes, March 11, 1996 r ."- .~.. ..~..._._--"._._...---_._-" . I TAPE READING 0060 ~ 0161 0209 316 - COUNCIL MEETING MINUTES March ll, 1996 ANNOUNCEMENTS. A) A public hearing before the Council will be held on March 25, 1996, 7:00 p.m., City Hall Council Chambers, regarding Zone Change #95-07, site Plan #95-23, and Lot Line Adjustment #95-12 submitted by Hillyer's Ford Auto Dealership. B) Mayor Kirksey reminded residents that the City-wide Clean- up weekend is scheduled for March 23 and 24, 1996. She also stated that the Mayor'S lunchtime walkabout clean-up will start at 11:30 am on March 22, 1996. C) The Mayor's Prayer Breakfast, sponsored by the two Kiwanis Clubs, is scheduled for Tuesday, March 19th, 6:45 a.m., at the United Methodist Church. PROCLAMATION - KITTY JAEGER DAY. MARCH 16. 1996. Mayor Kirksey read a proclamation declaring March 16, 1996 as Kitty Jaeger Day in recognition for her civic involvement within the community and to show appreciation for her community spirit and enthusiasm. Mayor Kirksey stated that she will be honored at a Catholic Daughters luncheon on March 16th. PROCLAMATION - FIRST ANNUAL WOODBURN TULIP FESTIVAL. Mayor Kirksey proclaimed March 20th through April 21st as Woodburn Tulip Festival Month and asked the citizens in the Woodburn area to encourage and support this festival month. She stated that T-shirts and Banners are now available promoting the Tulip Festival. CHAMBER OP COMMERCE REPORT. Patrick Vance, representing the Chamber, thanked the Mayor for recognizing and lending city support to the Tulip Festival. He also introduced Barb Iverson and Denise Iverson from Wooden Shoe Bulb Co. and Iverson Farms who presented the City with a bouquet of Tulips for City Hall. He stated that the Tulip Festival will kick-off at this month's Chamber forum on March 20th which will be held at Wooden Shoe Bulb Co.. Information on all of the events is included in the newspaper and he encouraged the pUblic to take advantage of all of the planned events. Mr. Vance reminded the Council that Student Shadowing Day is on WedneSday, March 13th, with a luncheon scheduled for 12:00 noon at Yun Wah's Restaurant. The guest speaker will by Tony Orlandi from HWI. Deanna Jolly, owner of Artie Circle at 315 N Pacific Hwy., stated that a Taco wagon has been operating a food business in the parking lot just north of their restaurant business for almost one year. Mrs. Jolly stated that they have contacted Page 2 - Council Meeting Minutes, March 11, 1996 T ~ ..,..,~. ....^~_..~-,._. ------<--.-. ,._,- .---...... .~,--~--~". "; .--.,.,.., '-'~'.. ,".,".._,_.~..,'.,....- TAPE READING 0442 0490 - COUNCIL MEETING MXBUTES March 11, 1996 the County who regulates the health division license and have been told that this mobile business is required to have a health license. The mobile business is registered by the city but there does not seem to be anything that can be done to insure the cleanliness of the business. She expressed concern as to the health standards at this business and requested Council assistance in making sure that health and safety standards are being met. Mayor Kirksey stated that the City will look into this situation. She expressed her opinion that transient businesses which stay for an indefinite period of time should not be tolerated and an amendment to the ordinance should be considered. SIFUENTEZ/PUGH.... suspend the rules and agenda item 15D be discussed at this time and allow pUblic input on that subject. The motion passed unanimously. WASTEWATER ISSUES/SEWER BILL PERCENTAGE CATEGORIES. Director Tiwari reviewed his memo to the Council which addressed two issues that need Council review: l) DEQ required modifications to the Sewer Rate Ordinance, 2) averaging of 3 months sewer bills out of 4 months of reading, and 3) sewer rate established based on fair share use. Director Tiwari stated that if the city wishes to borrow money from the State Revolving Loan fund, we will need to modify our Sewer Rate ordinance in the following areas: 1) eliminate the ordinance language that allows the City to charge l-1/2 times the sewer rate to properties utilizing this service which are located outside the city limits, and 2) the ordinance provision requiring properties located within 100 feet of a city sewer main to connect be modified to require properties within 300 feet of the sewer main to connect. In regards to the second issue, Director Tiwari stated that ordinance currently averages 4 winter months, however, many customers have voiced complaints on this issue since there was generally one bill out of the 4 that was higher than normal. He suggested that a revision to the ordinance be made that would establish the sewer rate for a 12-month period based on 3-month average out of 4 months of reading. Lastly. he discussed the sewer rate fair share issue. Based on bills generated over the last few months, 60% of the bills generated are for less than $25.00, 90% of the bills generated are for less than $50.00, 93% of the bills generated are for less than $55.00, and 95% of the bills generated are for less than $60.00. At this point in time, adjustments are being made in those cases where water leaks are found. However, there are cases in which large families use more water than the average household and are unable to reduce their water consumption without jeopardizing their health and/or sanitary Page 3 - Council Meeting Minutes, March 11, 1996 r ....~..~.".._..,.,._-_....,... -~ .,....._.,.',._.~._,-.,..~_..-... .,-. ,-, ----,..._",..-".~.._.~- II , ~ - COUNCIL MEETING MINUTES March 1l, 1996 TAPE READING conditions within their household. An option the Council could consider is charging a maximum sewer rate charge of $55.00 in those cases involving families of J or more children in the household. If the Council would like to consider further consider the sewer rate fair share issue, he suggested that a workshop be held prior to staff beinq given final direction on any modifications to the ordinance. Councilors Pugh and Sifuentez stated that they would like to hold a workshop on this issue. 0961 Preston Tack, 2197 Camilla Way, urged the Council to protect the fair share concept for sewer bills, and if changes are made, some other means of generating funds be established that would not affect current residents. Barbara Lucas, 214 E. Clackamas Cl, read her letter into the record also urging the Council not to allow for subsidies since once it granted to one special interest group than other special interest groups will want some type of reduction. She suggested that the City hold educational seminars to illustrate water conservation methods or to refer the issue of fair share or flat rate to the voters. Bruce Thomas, 795 Corby st., also supported the recommendation of the Wastewater Advisory Committee for a fair share concept, however, he stated that he had attended sessions in which this issue was discussed and the concerns raised by a special interest group, namely the seniors, that spoke out on this issue at the time. 1220 Martina Lopez, 667 Hall st., stated that she was not advocating a "free ride" in regards to her bill, however, it is extremely difficult for her to pay approximately $lOO monthly for water and sewer. She requested that some relief be given to families who incur these high bills. l31l Henry Jaeger questioned how the sewer rates are calculated for those individuals who have the water turned off at their residence when they go south for the winter and return to their residence in the Spring to spend the summer months in Woodburn. He also stated that he owns some duplexes in town for which he has his own water supply and when those duplexes are empty, he continues to pay a flat rate sewer charge since there is no water meter to gauge the usage amount. This charge starts to accumulate to quite of bit of money. Laurel Zurlinden, 259 willow Ave., stated that the concerned citizens are not asking for a subsidy only asking for some relief for the extremely high bills that some families are experiencing. She stated that her bill has been approximately Page 4 - Council Meeting Minutes, March ll, 1996 r _...,-,-_.~~.~.,....__.,.~., ._.~- ".~__"." ._____.."..~_" ....H.._.~,_~". ... . ...... COUNCIL MEETING MINUTES March 1l, 1996 TAPE READING $65 and following the last meeting, the Water Department had been out to check for a water leak. Subsequently, they did find a small leak under the house but it is unknown as to what impact that may have on their bill. She requested that when the Council considers this issue, to consider those families with higher bills. 1450 PUBLIC HEARING - COMPREHENSIVE PLAN MAP AMENDMENT #95-06. ZONE MAP AMENDMENT #95-08 IADDlioant: Riohard Henkes). Mayor Kirksey declared the public hearing open. Finance Director Gillespie read the land use statement required by ORS 197. Community Development Director Goeckritz entered into the record "Exhibit 1" which is the staff report and applicant's request for Plan Amendment 195-06 and Zone Change 195-08. He stated that the Planning Commission had recommended approval of these amendments involving a lot of approximately 19,737 square feet located on the east side of Highway 99E between Hardcastle Ave. and Williams Ave. The property involves several small parcels one of which requires a comprehensive plan map and zone map change to make the entire property the same designation as commercial. At this point in time, the applicant has not submitted a proposal as to the type of facility that would go into that commercial zone, however, he would be subject to a Site Plan review when he does decide to develop the property. Hal Hewitt, representing the applicant, stated that the commercial zone will allow for a cohesive development in'that area with all of the accesses off of Highway 99E. No one in the audience spoke in opposition to the proposed amendments. 1906 Mayor Kirksey declared the public hearing closed. JENNINGS/PUGH... approve the recommendation of the Planning Commission and direct preparation of ordinance with findings of approval. The motion passed unanimously. 1965 PUBLIC HEARING - ZONE MAP AMENDMENT #95-09 IADDlioant: Lerov Miller) . Mayor Kirksey declared the pUblic hearing open on Zone Map Amendment #95-09. Finance Director Gillespie read the land use statement required by ORS 197. Director Goeckritz entered into the record "Exhibit 1 - Leroy Miller, Zone Change #95-09". He stated that the Planning Commission has recommended approval of the zone map amendment from Residential MUlti-Family eRM) to Commercial Retail (CR) on a .56 acre parcel of land located east of Highway 99E and Page 5 - Council Meeting Minutes, March 11, 1996 r .._n_.__. . - TAPE READING 2253 2.ll.l ,- COUNCIL MEETING MINUTES March 11, 1996 north of Hardcastle Avenue. The property lies adjacent to and east of the existing Les Schwab Tire Center. It was noted that negotiations are taking place between the applicant and Les Schwab Tire Center for the sale of this property and development of the property would require a site plan review by the Commission. Dean Miller, 29777 S Meridian Rd, Hubbard, stated that he was representing Leroy Miller and that Director Goeckritz adequately covered the issue before the Council. He stated that the sale of the property is contingent upon the approval of the zone change. No one in the audience spoke in opposition to the proposed zone change. Mayor Kirksey declared the public hearing closed. JENNINGS/PUGH.... accept the decision of the Planning commission and direct staff to prepare an ordinance with findings of approval for consideration at the next Council meeting. The motion passed unanimously. PUBLIC HEARING - DRAFT COMPREHENSXVB PLAN DOCUMENT AMBNDMENTS. Mayor Kirksey declared the public hearing open. Finance Director Gillespie read the land use statement required by ORS 197. Director Goeckritz entered into the record Exhibit 1 - Draft Comprehensive Plan document. He stated that the Planning Commission held a public hearing on the draft amendments on November 9, 1995 and has subsequently recommended approval of the proposed text amendments. He reminded the Council that the draft amendments only pertain to the facts, figures, and updating of statistics within the document. The Planning Commission did not modify or recommend amendment of any of the policies or goals at this time. The purpose was to update this document to give interested individuals a more accurate picture of what this community is about. The draft document is an update to the 1989 document which is currently in place. Administrator Childs stated that the adoption of these amendments will aid in the process of the periodic review which will be done later this year. No one in the audience spoke either for or against the proposed Comprehensive Plan amendments. Mayor Kirksey declared the public hearing closed. JENNINGS/PUGH.... accept the Planning Commission's recommendation and instruct the staff to prepare an ordinance with findings of fact. On roll call vote, the motion passed unanimously. Page 6 - Council Meeting Minutes, March 11, 1996 r """"'-'"'-'-"-~'. .,,---_._...~_....._..._.~_., ...~~_.~, . ~---""<_...- ..._. " OJ -'"-"" . TAPE READING 2663 2719 2747 2992 3013 - COUNCIL MEETING MINUTES March ll, 1996 COUNCIL BILL 1694 - RESOLUTION ENTERING INTO AN AGREEMENT WITH PC NORTHWEST. INC.. TO CONDUCT A COMPENSATION SURVEY. council Bill l694 was introduced by Councilor Hagenauer. Director Gillespie read the bill by title only since there were no objections from the Council. Councilor Figley stated that, as a participant in the interview process, she was pleased with the expertise that this firm had within their firm and feels that the City will be well satisfied with the services they are offering. On roll call vote, the bill passed unanimously. Mayor Kirksey declared Council Bill l694 duly passed. COUNCIL BILL 1695 - RESOLUTION ENTERING INTO AN AGREEMENT WITH OREGON STATB POLXCB OFPXCE OP EMERGENCY MANAGEMENT TO BE~~E TO SECURE PEDERAL EMERGENCY MANAGEMENT ADMXNISTRATXON IP FUNDS FOR FLOOD DAMAGE TO INFRASTRUCTURE. Council Bill 1695 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 1695 duly passed. (Note: Both Council bills were re-read and voted on since the initial reading of the bills were a summary of the titles as listed on the agenda) BID AWARD #96-12 -- AERIAL PERSONNEL LIFT ISTREET DIVISIONI. Bids for the aerial lift were received from the following vendors: Pacific Equipment (VersaLift/Chev), $49,542.00; Pacific Equipment (VersaLift/Ford), $49,671.00; Pacific Equipment (VersaLift/Ford(demo)), $49,984.00; and Air Tee Equipment (ETI/Ford), $51,976.69. JENNINGS/FIGLEy.... accept the bid from Pacific Equipment, Inc. for an aerial personnel lift in the amount of $49,542.00 with additional expenditure of $442.00 to acquire a demonstrator model which offers significantly enhanced capabilities. The motion passed unanimously. CLAXMS POR THB MONTH OP PEBRUARY 1996. SIFUENTEZ/PUGH .... approve claim 130554 - 130914 for the month of February 1996. The motion passed unanimoUSly. NEW BUSINESS. JENNINGS/FIGLEy.... City staff be instructed to look into the possible regulation of transient businesses within the City limits. Mayor Kirksey stated that she would like to see some action on this issue as soon as possible. Page 7 - Council Meeting Minutes, March 11, 1996 r .,- -....." -~"~---~,._-,.-, , ..~-~..~-,_..,.----,_."..~.",.._.~-_. ,"'- ~~.~. -.~."~_.~ - . --"... TAPE READING 3220 3324 2liQ 3391 3467 -- ~~ COUNCIL MEETING MINUTES March 11, 1996 Councilor Jennings stated that he did not understand how food stands can operate without any mandated health regulations and concerned about the licensing of such a business. Director Goeckritz stated businesses are required to obtain a business license from the City, however, Marion County regulates the food businesses since the City does not have any qualified Health Officers. The motion passed unanimously. JENNINGS/SIFUENTEZ.... Mayor set a workshop to discuss sewer rates at her earliest possible convenience. The workshop will be held on April 1, 1996, 7:00 p.m., in the City Hall Council Chambers. SITB PLAN ACTXONS. site Plans recently approved by the Planning Commission were 1) Woodburn Ambulance Services building expansion, and 2) Lamplighter Manufactured Home Sales Center. No action was taken by the Council on either of these site plans. STAFP REPORTS. A) Criteria for liquor license recommendations B) Use of water tower for placement of antennae C) Sewer use ordinance 30-day public notice D) Wastewater issues/sewer bill categories (discussed earlier in the meeting E) Aquatic Center water slide F) Building Activity report. CITY ADMINISTRATOR'S REPORT. Administrator Childs commended the Mayor for her efforts in preparing the employee recognition dinner last Friday night. He also stated that he has been appointed to the League of Oregon cities legislative committee. MAYOR AND COUNCXL REPORTS. Councilor Jennings questioned the location of Partition #95-05 which is listed as a report (6C) in the February 22, 1996 Planning Commission minutes. Director Goeckritz stated that the property being partitioned is located on Hayes Street and is owned by Andy Snegirev. (Note: Tape 2 is blank -- the following Council business was not recorded on tape) Councilor Sifuentez also commended the Mayor and Councilors Hagenauer and Chadwick for their work in preparing the employee recognition dinner. Page 8 - Council Meeting Minutes, March ll, 1996 T --..------'~."~-"'_-_.~.-~~---. .~__,,~_,_...._~._,.,.,.__.~_.__k.._~__~_____.. -, '"" COUNCIL MEETING MINUTES March ll, 1996 TAPE READING Mayor Kirksey also thanked Councilor Hagenauer and those staff members who assisted her with the dinner preparations. Mayor Kirksey stated that the Chamber of Commerce has a number of banners they wish to place on the PGE utility poles to advertise the Tulip Festival. However, a new PGE risk management policy requires companies who use the poles for this type of purpose to provide a $2 million liability insurance policy. The Chamber currently has a $1 million liability policy and to add the additional million will cost $750 since the coverage must be for the whole year rather than the limited time in which the banners will be displayed. She, along with Chamber Executive Director Jane Kanz, have been working with PGE to try and get the liability insurance requirement waived. If they are not successful, WDA has offered some financial assistance for the additional insurance coverage. Mayor Kirksey suggested that the city also contribute towards the insurance cost since it would not be appropriate for the City to add PGE as an additional interest under the City's pOlicy. JENNINGS/FIGLEy.... as a last resort, City contribute l/3 of the total cost of the additional liability insurance coverage ($250.00) . EXECUTIVE SESSION. JENNINGS/FIGLEy.... to conduct deliberations with persons designated by the governing body to negotiate real property transactions as authorized under ORS 192.660(1) (e); and to consult with counsel concerning legal rights and duties of a public body with regard to current litigation or litagation likely to be filed as authorized under ORS 192.660(1) (h). The motion passed unanimously. The meeting adjourned to executive session at 8:40 p.m. and reconvened at approximately 10:l5 p.m.. Tape 3 Mayor Kirksey stated that no decisions were made in the Executive Session. 0013 JENNINGS/FIGLEy.... City Administrator be authorized to make inquiries concerning acquisition of property between city Hall and the Aquatic Center. The motion passed unanimously. Page 9 - Council Meeting Minutes, March 11, 1996 1-'------'--..-'--- '0'__ - . f " COUNCIL MEETING MINUTES March 11, 1996 TAPE READING 0023 ADJOURNMENT. JENNINGS/FIGLEy.... meeting be adjourned. The motion passed unanimously. The meeting concluded at approximately 10:20 p.m.. APPROVED n NANCY A ATTEST Ma~~~~~ City of Woodburn, Oregon Page lO - Council Meeting Minutes, March 11, 1996 ~_. _ _~__._ .,..<,..,._~._.__.,,_.__.."_ _. _____ ~..___.___~.__._.v".___._..._.__~.~