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Minutes - 06/26/1995 TAPE READING 0001 0003 0013 0034 0050 0062 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 Page 1 - Council Meeting Minutes, June 26, 1995 T _._~,._,,~~--~~, .. I TAPE READING 0173 0283 0310 0331 COUNCIL MEETING MINUTES June 26, 1995 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. Page 2 - Council Meeting Minutes, June 26, 1995 .. -~..._--_..~"-~. .. . TAPE READING 0353 0384 0454 0461 0483 COUNCIL MEETING MINUTES June 26, 1995 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. Page 3 - Council Meeting Minutes, June 26, 1995 i _._-,._._~~~.~~~-~' 'Ii I TAPE READING 0555 0570 0800 0810 Amended - see minutes of 7/10/95 COUNCIL MEETING MINUTES June 26, 1995 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 Page 4 - Council Meeting Minutes, June 26, 1995 --~-~_.~-----. - - TAPE READING Amended - see minutes of 7/10/95 1422 1451 COUNCIL MEETING MINUTES June 26, 1995 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. Page 5 - Council Meeting Minutes, June 26, 1995 . . - . TAPE READING 1500 1585 COUNCIL MEETING MINUTES June 26, 1995 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. Page 6 - Council Meeting Minutes, June 26, 1995 T -----"._-,.,~,."'-,.... - . COUNCIL MEETING MINUTES June 26, 1995 TAPE READING 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. 2175 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.. 2183 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. Page 7 - Council Meeting Minutes, June 26, 1995 ~ . - - COUNCIL MEETING MINUTES June 26, 1995 TAPE READING 2219 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 Page 8 - Council Meeting Minutes, June 26, 1995 or . 'II I