Minutes - 06/26/1995
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COUNCXL MEETXNG MXNUTES
June 26, 1995
DATE. COUNCXL CHAMBERS, CXTY HALL, CXTY OF WOODBURN, COUNTY
OF MARXON, STATE OF OREGON, JUNE 26, 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
Present
Present
Present
staff Present:
city Administrator Childs, City Attorney Shields, Public Works
Director Tiwari, Community Development Director Goeckritz,
Police Chief Wright, Park Director Holly, Library Director
Sprauer, 9-1-1 Communications Manager Wolf, Public Works
Manager Rohman, city Recorder Tennant
MXNUTES.
JENNINGS/FIGLEy.... approve the Council regular and executive
session minutes of June 12, 1995; and accept the Planning
Commission minutes of June 8, 1995. The motion passed
unanimously.
Administrator Childs requested that the Council designate a
representative to the NORCOM Board and this item be included
under General Business item 10(H). It was the consensus of
the Council that this item be added to the agenda.
ANNOUNCEMENTS.
The Woodburn Transportation Task Force will hold a Open House
on Thursday, June 29th, 4:00 pm to 8:00 pm at the PGE
Building.
Mayor Kirksey reminded the public of the following July 4th
activities in Woodburn: the Chuckwagon Breakfast (6:00 am to
11:00 am), Old Fashioned city picnic (12:00 noon to 6:00 pm),
Pre-Fireworks Show and entertainment (6:00 pm to 10:00 pm),
and Fireworks Display (10:00 pm).
WOODBURN COMEBACK CAMPAIGN REPORT.
Councilor Figley stated that volunteers are still needed for
the July 4th celebration to be held at the High School
athletic field. She encouraged interested persons to call
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city Hall and/or attend the Comeback campaign's meeting on
Tuesday, June 27th, 6:00 p.m., at City Hall.
Councilor Jennings also advised the public that plans are
being made for a VJ Day Program on August 12th in honor of the
50 year end of World War II. He stated that more information
on this program will be made available in July.
PUBLIC HEARING - 1994-95 SUPPLEMENTAL BUDGET.
Mayor Kirksey declared the public hearing open at 7:08 p.m..
Administrator Childs stated that the purpose of the proposed
supplemental budget is to properly reflect unforeseen
appropriations to be spent during fiscal year 1994-95. He
outlined the budgetary revenues and appropriations being
proposed in the Library Fund, Cable TV Franchise Fund, and
City Hall Construction Fund.
No one in the audience spoke either for or against the
proposed 1994-95 supplemental budget.
Mayor Kirksey declared the hearing closed at 7:13 p.m..
COUNCIL BILL 1641 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET
FOR FISCAL YEAR 1994-95.
Council Bill 1641 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 1641 duly passed with the
emergency clause.
COUNCIL BILL 1642 - RESOLUTION AUTHORIZING TRANSFER OF
OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 1994-
95.
Council Bill 1642 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 1642 passed unanimously. Mayor Kirksey declared
the bill duly passed.
COUNCIL BILL 1643 - RESOLUTION AUTHORIZING TRANSFER OF
APPROPRIATIONS WITHIN A FUND DURING FISCAL YEAR 1994-95.
Councilor Hagenauer introduced Council Bill 1643. Recorder
Tennant read the bill in full since there were no objections
from the Council. On roll call vote for final passage, the
bill passed unanimously. Mayor Kirksey declared Council Bill
1643 duly passed.
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COUNCIL BILL 1644 - ORDINANCE ADOPTING A BUDGET FOR FISCAL
YEAR 1995-96. MAKING APPROPRIATIONS. AND LEVYING TAXES.
Council Bill 1644 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 for final passage, the bill passed unanimously. Mayor
Kirksey declared Council Bill 1644 duly passed with the
emergency clause.
COUNCIL BILL 1645 - RESOLUTION AUTHORIZING CONTRACTUAL
SERVICES AGREEMENT WITH N. ROBERT SHIELDS. CITY ATTORNEY.
Council Bill 1645 was introduced by Councilor Hagenauer. The
bill was read by title only since there were no objections
from the Council.
Administrator Childs stated that there was an error in the
main text of the agreement, section 4, and that the correct
rate per hour is $50.00. Additionally, a memo was included in
the packet from Attorney Shields declaring a conflict of
interest on this issue.
Councilor Jennings stated that future budgets should consider
paying the city Attorney at a similar hourly rate as that paid
to our Judge and Labor Consultant.
On roll call vote for final passage, the bill passed
unanimously. Mayor Kirksey declared Council Bill 1645 duly
passed.
ACCEPTANCE OF PUBLIC RIGHT-OF-WAY - BROWN STREET.
Staff recommended the acceptance of a right-of-way easements
for roadway purposes from Nancy Bocchi and Fay Zimmer which is
being conveyed to the City in conjunction with the Steklov
Subdivision (developer Pete Cam).
JENNINGS/FIGLEY... accept the two easements from Nancy Bocchi
and Fay Zimmer as recommended. The motion passed unanimously.
REOUEST FOR STREET CLOSURE AND USE OF SOUND AMPLIFICATION
EOUIPMENT FOR NORTH SIXTH STREET JULY 4TH BLOCK PARTY.
Residents in the North sixth Street area requested a street
closure in the vicinity of High and Fir streets and the use of
sound amplification equipment for a 4th of July Block Party.
Police Chief Wright recommended the approval of the partial
street closure and the use of sound amplification equipment
for this event.
JENNINGS/PUGH... approve the recommendation of Chief wright
with the proviso that the sound amplification begin no earlier
than 10:00 am and end by 9:00 pm. The motion passed
unanimously.
DESIGNATION OF NORCOM (9-1-1) BOARD MEMBER.
Administrator Childs stated that the city needs to appoint a
Councilor and staff member to the Board.
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HAGENAUER/JENNINGS.... recommend the appointment of Councilor
Jennings to the NORCOM Board. The motion passed unanimously.
JENNINGS/FIGLEy.... appoint Administrator Childs or his
designee to also serve on the NORCOM Board. Following a brief
discussion on who would be appointed as designee,
Administrator Childs stated that he wanted to have some
flexibility on the designee issue but it would most probably
be Chief wright.
The motion passed unanimously.
CLAIMS FOR THE MONTH OF MAY 1995.
SIFUENTEZ/FIGLEy.... approve voucher
issued during the month of May 1995.
unanimously.
checks #27241 - #27632
The motion passed
Preston Tack, 2197 Camilla way, and Gilbert Flaugher, 1352
Astor Way, presented a letter to the Council regarding future
consultant fees for preparation of plan documents relating to
the new Wastewater Facility. Mr. Tack stated that, as
members of the Wastewater Advisory committee, they are well
aware of the amount of time and money spent as of this date
to prepare the Wastewater Facilities Plan and they strongly
feel that a competitive bidding process should occur to obtain
firm price proposals in the preparation of bid documents for
the construction of a new facility.
Mayor Kirksey expressed her gratitude to Mr. Tack and Mr.
Flaugher for their research and overall work while on this
committee.
Councilor Jennings stated that staff will review the contents
of their letter and report back to the Council at a later
date.
SITE PLAN REVIEW #95-11 -- WOODBURN PUBLIC LIBRARY PARKING
LOT.
The site plan was included in the agenda packet for Council
review. No comments were made by the Council on this issue.
STAFF REPORTS.
A) OGA Well Development -- Director Tiwari stated that the
Oregon Golf Association (OGA) is proposing to drill a well on
their property located inside of the city limits for
irrigation purposes. The proposed irrigation well would be
drilled through to the 3rd aquifer strata which is in the same
strata as the city's water supply. He explained the different
levels of strata and the need to eliminate the risk factor of
contaminating the city's water supply since the city does not
currently pre-treat its water. Currently, the city has a
long-term goal in place which involves abandonment of water
wells within the city limits to help protect our water supply.
Permits for wells are issued by the state and the State has
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legal authority on water issues. He stated that the OGA golf
course is an asset to the community, however, he strongly
feels that there is sufficient water supply within the 1st
aquifer strata to meet the irrigation needs of the golf course
without drilling down to the 3rd aquifer.
Councilor Jennings expressed his opinion that water
contamination is not that likely. Additionally, the well
being drilled within the city could have been drilled in the
County without any permission from the city. He cited the
possibility of farmers within the County surrounding the
Woodburn area who also may have drilled to the 3rd aquifer in
the past.
Councilor Pugh referred to the letter from OGA Attorney David
Weiner to the city and he felt that the OGA and city should
come to some agreement on this issue since both have some
responsibilities to work toward the common good of the
community.
Mayor Kirksey questioned if the City would have any legal
rights to maintain its water supply for its residents if OGA
does drill through to the 3rd aquifer strata and their well
ultimately becomes a source of contamination.
Director Tiwari reiterated that there is plenty of water of
available and, in time of a drought, the community would have
priority for water over the golf course. He is not implying
that OGA would pollute the water source but risk increases as
the drill goes through each aquifer level.
Administrator Childs stated that the staff is not suggesting
that anyone is in a position to contaminate the water source
and there is little risk to the consumer. The staff's major
concern relates to the potential multi-million dollar source
of water treatment alternatives that would become necessary if
the water eventually becomes contaminated.
B) city Hall HVAC System Replacement Update -- Public Works
Manager Rohman advised the Council that no firm start date has
been set. The contractor is working with the roof repair
contractor to set a specific date since the roof repair needs
to be done in concert with the replacement of the HVAC units.
C) Liability/Property Insurance for Fiscal Year 1995-96 --
Insurance quotes from four companies have been received and,
after a review of those quotes, it has been determined that
the liability and auto physical damage insurance coverage will
be renewed with City/County Insurance Services (CIS) who had
submitted the lowest quote for this insurance. In regards to
property insurance, the quotes contained different levels and
deductibles for earthquake insurance which is now a mandate as
part of our property coverage after receiving FEMA monies from
the 1993 earthquake. Staff will make a recommendation on
which company to contract with at the next regular meeting.
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ADMINISTRATOR'S REPORT.
Administrator childs stated that the City's annual
Equipment/Surplus auction was held on saturday, June 24th. He
commended the Police Department, in particular part-time
evidence clerk Ms. Timmons, on having the items well-packaged
and well-marked for sale to the public.
He also distributed copies of a Police Department press
release to the Council regarding the recent conclusion of an
undercover drug investigation at La Linda'S, 293 N. Front
street, on Saturday, June 24th.
Councilor Chadwick stated that several streets within the
Senior Estates are showing signs of weeds growing through the
cracks. She suggested that something be done about this
problem now to stop the deterioration of the street.
Mayor Kirksey also encouraged the citizens and businessmen
within the community to help with this situation even it is to
contact the Public Works department to find out what they can
do to keep the weeds down.
Councilor Pugh stated that improvements need to be made at
Burlingham Park and he requested staff to follow-up on the
suggestions made earlier by residents who live in the area.
Councilor Figley stated that she hoped to see a large turnout
at the July 4th celebration.
Councilor Jennings stated that he would like to tour the new
swimming pool facility. In regards to LaLinda's, he
questioned if the City could revoke their business license
based on the recent outcome of the drug investigation.
Administrator Childs stated that staff will need to research
that question and report back to the Council.
Councilor Hagenauer stated that the lot on Hardcastle
continues to have high grass which is a reoccurring problem
involving this absentee landowner.
Community Development Director Goeckritz stated that he will
have the Code Enforcement Officer check out this property
later this week.
Councilor sifuentez questioned the opening date for the new
aquatic center.
Park Director Holly stated that they hope to open the facility
by September 1st. A Pool Manager has been hired and will
begin work on July 10th. The new manager currently works in
California and has been involved in year-round pool operations
for approximately 20 years. She was raised in the Salem area
and her mother still resides in Salem.
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Mayor Kirksey stated that consideration should be given to
assessing fines to property owners who do not remove graffiti
in a timely manner and/or revoking their business license.
She also stated that concerns have been raised regarding
transient businesses and further research needs to be done on
this issue.
She advised the Council that she will be giving Code
Enforcement another list of locations where graffiti has been
placed on property for an extended period of time.
Additionally, she expressed her opinion that tenants should be
made responsible for absentee landlords.
Councilor Chadwick questioned what the law is regarding how
late people can play loud music outside and what can the
neighbors do about it.
Chief Wright stated that it is generally around 7:00 p.m.,
however, it can be anytime when adjoining residents are
offended. The resident(s) must sign the complaint and the
Police Officers are a tool the resident(s) can use to initiate
the complaint process and assist in the prosecution of the
complaint. In regards to a barking dog complaint, the
resident offended by the barking dog must also be the
complainant and, as with noise complaints, the officer will
issue the citation and assist in the prosecution of the
complaint.
Mayor Kirksey stated that she had recently assisted the Police
Department by getting the license number of a large truck that
had parked in a lane of traffic on Highway 99E in order to go
into the 7-11 Store. The trucking firm will get a parking
citation mailed to them. She encouraged residents to get
involved.
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EXECUTIVE SESSION.
JENNINGS/FIGLEy.... adjourn to executive session under the
authority of ORS 192.660(1) (H) to consult with legal counsel
concerning the legal rights and duties of a public body with
regard to current litigation or litigation likely to be filed.
The motion passed unanimously.
The meeting adjourned to executive session at 8:11 p.m. and
reconvened at 8:50 p.m..
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No action was taken by the Council following the executive
session.
Mayor Kirksey reminded the Council that there is a vacancy on
the Cable TV Advisory Board and she enlisted their assistance
in trying to find an individual for this position to be
appointed at the July 10th meeting.
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ADJOURNMENT.
JENNINGS/FIGLEy.... adjourn the meeting. The motion passed
unanimously.
The meeting adjourned at 8:53 p.m..
APPROVED/~~_ j(,A~~g---
NANCY A. IRKS , MAYOR
ATTEST
m ~{
Mar ~ant, Recorder
city of Woodburn, Oregon
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