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Minutes - 08/28/1995 TAPE READING QQQ.l 0003 0013 0026 0043 0055 COUNCIL MEETING MINUTES August 28, 1995 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 28, 1995. 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, Community Development Director Goeckritz, Finance Director Gillespie, Police Chief Wright, Library Director Sprauer, Park Director Holly, Public Works Manager Rohman, City Recorder Tennant MINUTES. FIGLEY/PUGH... Council meeting minutes of August 14, 1995 (regular and executive session) be approved and the Planning commission minutes of August 10, 1995 be accepted as presented. The motion passed unanimously. APPOINTMENTS. Mayor Kirksey brought to the Council's attention the need to appoint citizens to the Human Rights Commission and to fill a vacancy on the Park Board. She urged interested citizens to submit their names to the City for consideration and for the Councilors to submit the name of a citizen within their Ward for appointment to the Human Rights Commission. Appointments will be made at the September 25th Council meeting. ANNOUNCEMENTS. A) Council workshop on the Transportation Plan will be held on Wednesday, September 6, 1995, 7:00 p.m., in the City Hall Council Chambers. B) Upcoming Public Hearings before the City Council: Transportation Plan, September 25, 1995, 7:00 p.m., City Hall Council Chambers; Annexation of 1.8 acres located west of Brown Street and south of Warren Way, September 11, 1995, 7:00 p.m., city Hall Council Chambers; Page 1 - Council Meeting Minutes, August 28, 1995 r ^.,-_._-~-..,...~-," If r TAPE READING 0095 0169 0201 0263 COUNCIL MEETING MINUTES August 28, 1995 - Annexation of 14 acres located east of Brown street, September 11, 1995, 7:00 p.m., City Hall Council Chambers; and Annexation of 5.71 acres located west of s. Boones Ferry Road, September 11, 1995, 7:00 p.m., city Hall Council Chambers. PROCLAMATION - NEIGHBORS MAKE THE DIFFERENCE DAY. SEPTEMBER 20. 1995. Mayor Kirksey proclaimed September 20, 1995 as "Neighbors Make the Difference Day" and urged residents to recognize, support and commend volunteers who donate their time to a variety of community projects and, in particular, the donation of time by Key Bank of Oregon's employees on the afternoon of September 20th to perform human service projects within their community. Mayor Kirksey stated that she would be participating in this project and will be expanding her neighborhood to include Lincoln Street. CHAMBER OF COMMERCE REPORT. Donna Hendricks, Chamber President, invited the Council and general public to the Chamber's 2nd Annual Business Showcase in which more than 40 local businesses will be participating. This year's theme is "Shop Woodburn First" and it will be held on Thursday, September 14th, 3:00 pm - 7:00 pm, at the Woodburn Armory. Admission and parking is free. WASTEWATER ADVISORY COMMITTEE. Preston Tack, 2197 Camilla Way, read a letter from him and Gilbert Flaugher requesting the Council to fOllow-up on the following issues: 1) Direct staff to complete the Wastewater Advisory Committee minutes of June 20, 1995 and distribute them to its members; and 2) Request the Committee Chairman to call a meeting of the Committee since the Council had voted to keep the Committee active until the Council chooses otherwise. In their opinion, the Committee should be directly involved in the decision making process regarding the commitment of funds towards legal, administrative, and engineering services. HOUSING REHABILITATION COMMITTEE REPORT. Councilor Figley stated that the Committee has had its second meeting and 3 loan requests have been approved. She encouraged qualified homeowners to apply for these home improvement loans. Page 2 - Council Meeting Minutes, August 28, 1995 T .. . TAPE READING 0322 0395 0560 0591 0630 "'. COUNCIL MEETING MINUTES August 28, 1995 LETTER FROM STUDENT INTERN SCOTT SPENCE. Administrator Childs read a letter from Scott Spence expressing his appreciation to the City for the opportunity to work under the internship program during the summer months. He encouraged the Council to continue the internship program which provides students with an opportunity to gain practical experience in local government and gives the City hours of assistance at minimal cost. PUBLIC HEARING - 1995-96 SUPPLEMENTAL BUDGET. Mayor Kirksey declared the public hearing open at 7:13 p.m.. Administrator Childs stated that the proposed 1995-96 supplemental budget will allow for the transfer of funds within the 9-1-1 Communications Fund to the North Marion Communications Center (NORCOM). He stated that the budget adopted by the Council prior to July 1, 1995 became the budget for NORCOM as part of the ORS 190 agreement. Therefore, the revenues and expense budget no longer exists in the City budget. The state's Local Budget Division has advised the City to do a supplemental budget in order to transfer the remaining cash balance to NORCOM. No one in the audience spoke either for or against the proposed 1995-96 supplemental budget. Mayor Kirksey declared the hearing closed at 7:19 p.m.. COUNCIL BILL 1660 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1995-96. Council Bill 1660 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 1660 duly passed with the emergency clause. COUNCIL BILL 1661 - ORDINANCE APPROVING THE APPLICATION IN SITE PLAN #95-10 TO ALLOW FOR DEVELOPMENT OF A SERVICE STATION AND CAR WASH (TEXACO STATION - Lawson Street!. Councilor Hagenauer introduced Council Bill 1661. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1661 passed unanimously. Mayor Kirksey declared the bill duly passed with the emergency clause. COUNCIL BILL 1655 - RESOLUTION SETTING THE AMOUNT OF A TRAFFIC IMPACT FEE (TIF! FOR A SUB-CATEGORY OF LAND USE (Small Restaurant With Limited CaDacitv of Twentv Seats!. Council Bill 1655 was introduced by Councilor Hagenauer. Administrator Childs advised the Council that there was a typographical error on page 2 of the bill (Section 2) in that the Traffic Impact Fee per Trip should read $22.17 rather than Page 3 - Council Meeting Minutes, August 28, 1995 i -.._--.,.......- TAPE READING 0681 0703 0766 See addendum attached to minutes of 9/11/95 from Councilor PU9h "'. COUNCIL MEETING MINUTES August 28, 1995 $19.77. Copies of the corrected page were distributed to the Council just prior to the meeting. 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 1655 duly passed. COUNCIL BILL 1662 - RESOLUTION AUTHORIZING REDEMPTION OF 1978 GENERAL OBLIGATION WATER WELL BONDS. Council Bill 1662 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, Council Bill 1662 passed unanimously. Mayor Kirksey declared the bill duly passed. COUNCIL BILL 1663 - RESOLUTION ESTABLISHING DEPOSITORIES FOR CITY FUNDS. Councilor Hagenauer introduced Council Bill 1663. 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 1663 duly passed. COUNCIL BILL 1664 - RESOLUTION AUTHORIZING INTERDEPARTMENTAL BORROWING OF FUNDS DURING FISCAL YEAR 1995-96. Council Bill 1664 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Pugh expressed concern over the potential of a department expending more money during the course of the year without having adequate revenue to pay those expenses within a budgetary period. Finance Director Gillespie stated that this bill deals with a liquidity issue in that it allows services to be provided on a regular monthly basis until such time as taxes are collected beginning in November. Additionally, Local Budget Law has built-in safety measures which require Council adoption of a resolution or ordinance to 1) make changes in the adopted budget and 2) borrow money from another fund which is carried over into the next fiscal year. Discussion was held regarding the purpose of the bill. It was noted that the bill included new language which requires the borrowing fund to pay interest to the lending fund. Administrator Childs stated that staff is willing to make modifications to the bill, however, if the Council elected not to make any changes, he assured them that an inter fund loan would only take place on an as-needed basis. On roll call vote for final passage, the vote was 4-1 with Councilor Pugh voting nay. Mayor Kirksey declared Council Bill 1664 duly passed. Page 4 - Council Meeting Minutes, August 28, 1995 r TAPE READING 0984 1012 1089 1211 -" COUNCIL MEETING MINUTES August 28, 1995 COUNCIL BILL 1665 - RESOLUTION ENTERING INTO AN AGREEMENT WITH THE SALEM AREA TRANSIT DISTRICT FOR FISCAL YEAR 1995-96. Council Bill 1665 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, Council Bill 1665 passed unanimously. Mayor Kirksey declared the bill duly passed. LIOUOR LICENSE APPLICATION - LA MICHOACANA RESTAURANT. A liquor license application was submitted by Guadalupe Pena DBA: La Michoacana, 450 N. First st., Woodburn, for a new outlet restaurant license. Police Chief Wright presented the staff report which provided a summary of the investigation report along with a recommendation to deny the license. He stated that if the Council were to deny the license based on the staff report, a public hearing must be held at the next regular Council meeting to give the applicant and the general public an opportunity to comment on the application. Councilor sifuentez questioned if there were any communication barriers between the applicant and the Police Department regarding this application. Chief Wright stated that the applicant is represented by 2 attorneys and he was not aware of any lack of understanding on the part of the applicant. FIGLEy/PUGH.... application be denied and a public hearing be set for the first regular meeting in September (September 11, 1995). The motion passed unanimously. SOUND AMPLIFICATION REOUEST. Angel and Candida Garcia, 811 N. Front st., had submitted a written request to have a musical group perform at their home on September 24, 1995, between 3:00 p.m. and 9:00 p.m. as part of a baptismal celebration. Staff recommended that the request be denied since it is not a program of music, news, speeches, or general entertainment as provided for within City Ordinance 1900 Section 3(5). The Councilors briefly discussed this request with the consensus being that a permit for this type of private party should not be allowed. SIFUENTEZ/PUGH... deny the request for a sound amplification permit to the Garcia's. The motion passed unanimously. Gilbert Flaugher requested that the Council take some action to improve the public address system in the Council Chambers as soon as possible. He stated that it is very difficult for the audience to hear several of the Councilors speak during the meeting. Councilor Pugh thanked Mr. Flaugher for his comments on this subject since he feels very strongly on the need to update the equipment. Page 5 - Council Meeting Minutes, August 28, 1995 r . - . COUNCIL MEETING MINUTES August 28, 1995 TAPE READING 1302 Mayor Kirksey stated that the Council needs to schedule a workshop with the Wastewater Advisory Committee to discuss the responsibilities of the Council and Committee at this point in time. 1329 STAFF REPORTS. A) Aquatic Center Update -- Director Holly stated that the pool is approximately 3.5 weeks away to completion with another 8-10 days for testing. The department will host a series of open houses CUlminating in a General Grand Opening later in October. B) Human Rights Commission -- The memo from Chief Wright reminded the Mayor and Council that the Commission was created in December 1993 and it has a sunset date of December 31, 1996. As of this date, only two positions have been appointed by the Mayor and another five positions must be appointed before the Commission can conduct business. The Commission consists of 9 members - 1 member from each Ward and 3 members at-large. Mayor Kirksey reminded the Councilors to submit names of individuals from their Ward for appointment at the September 25th meeting. C) City Investment Report -- Finance Director Gillespie reviewed his memo advising the Council that the City funds are currently being invested through the Local Government Investment Pool. The LGIP invests in a wide range of financial instruments of which approximately 2.3% of the State's total portfolio of $4.3 billion are derivatives. In regards to the large financial loss incurred by Orange County, California, a combination of derivatives and reverse repurchase agreements led to the County's inability to provide necessary collateral for loaned monies. Director Gillespie recommended that the City continue to use the State Pool for some of its investments based on its long history of good performance at minimal risk and competitive yields. 1538 Councilor Sifuentez stated that motorists continue to exceed the speed limit on Lincoln street and trucks have been using Lincoln Street in the early morning hours as a truck route even though it is not a designated truck route. Councilor Pugh reinforced Mayor Kirksey'S comments that the Council will fOllow-up with Mr. Tack's and Mr. Flaugher's concerns regarding the Wastewater Advisory Committee. Councilor Figley stated that the Old Bank Building looks as if it is near completion and, if so, she questioned if the Council needs to take further action in order to remove it from the Dangerous Building list. Page 6 - Council Meeting Minutes, August 28, 1995 T '-----.'^. - . -"'~---,,-,-_..._._-_.., '" COUNCIL MEETING MINUTES August 28, 1995 TAPE READING Administrator Childs stated that he will research the issue and, if applicable, will take any measure necessary at the next meeting to remove it from the list. Councilor Figley also expressed positive comments on the progress of the new aquatic center. Mayor Kirksey stated that the city is also experiencing problems with trucks parking on Highway 99E even though parking is prohibited on the highway. She informed the public that she has filed citizen complaints involving two different trucking companies. She also reminded the public that citizens can file complaints whether it be parking violations, nuisance abatements, or other city ordinance violations. She assured the public that steps are being taken to "clean-up" the city. 1720 ADJOURNMENT. SIFUENTEZ/FIGLEY.... meeting be adjourned. unanimously. The meeting adjourned at 7:55 The motion passed p.m.. APPROVED--?~ /f ~--L~ '7 !fANCY A. K RKSEY, MAYOR / ATTEST (1 ~ Mary~nant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, August 28, 1995 T