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Minutes - 04/10/1995 COUNCIL MEETING MINUTES April 10, 1995 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 10, 1995. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. 0006 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present (7:05 pm) Present Present Present Present Present staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Police Chief Wright, Community Development Director Goeckritz, Park Director Holly, Finance Director Gritta, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant 0023 MINUTES. JENNINGS/FIGLEy.... approve the regular and executive Council minutes of March 27, 1995; and accept the Library Board minutes of March 29, 1995. The motion passed unanimously. 0029 APPOINTMENTS. Mayor Kirksey reminded the Council that she is in need of completed applications from citizens interested in serving on the Human Rights Commission. Additionally, there is a vacancy on the Cable Advisory Committee and she encouraged interested citizens to apply. ANNOUNCEMENTS. The Budget Committee will continue the hearings process for the 1995-96 city budget on Tuesday, April 11, 1995, 6:30 p.m., in the City Hall Council Chambers. The Transportation Task Force will host an open House at the French prairie Middle School on Thursday, April 13th, from 4:00 p.m. until 8:00 p.m.. The city Council will hold a joint workshop with the Wastewater Advisory Committee on Tuesday, April 18th, 7:00 p.m., in the city Hall Council Chambers. The April 17th Council workshop concerning a second 1-5 interchange was canceled. Page 1 - council Meeting Minutes, April 10, 1995 ,~...- ., .-- ----_....-.~ ._~._. ,.......-.--..,.-. ..".._--.-~._-~,-'.~-- - . TAPE READING 0071 0145 0276 0303 COUNCIL MEETING MINUTES April 10, 1995 PROCLAMATION - NATIONAL LIBRARY WEEK. Mayor Kirksey proclaimed April 9 -15, 1995 as Woodburn Library Week and urged the local citizens to become familiar with the local library resources in their search for information. She also expressed her appreciation to the Library staff for their work in making our Library a place to be proud of within our community. CHAMBER OF COMMERCE REPORT. Jane Kanz, Executive Director, stated that the monthly forum will be held on Wednesday, April 19th, at Yun Wah's Restaurant. Guest speaker will be John Safstrom from the Council of Governments who will talk about how to accept Business Loan Programs. On April 21st, the Chamber, in partnership with the Woodburn Fire District, will sponsor its annual Casino night. Tickets are available at the Chamber office. In regards to the traffic congestion on Highway 214 near Fairway Plaza, she suggested that 1) additional signage be placed in the area to apologize for the inconvenience and/or 2) a flagger or some other alternative method be used to direct traffic in a more orderly flow during construction hours. She also suggested that a workshop be held with the businesses in that area to bring them up-to-date on the Transportation Plan. The businesses have been advised of the Open House on April 13th, however, she felt it would be positive public relations to meet with them specifically on the transportation issues affecting them in the I-5/Hwy. 214 interchange area. Councilor Jennings stated that he had met with Ms. Kanz earlier and it was suggested that, to improve communications, 2 members of each the city Council, staff, and Chamber Board should meet to discuss what is being planned as it relates to Transportation. LETTER FROM WOODBURN DOWNTOWN ASSOCIATION. A letter was received from the Association supporting the Council goal to clean up the alleys in the downtown area and to utilize city gas tax funds to finance this project. CONTINUATION OF PUBLIC HEARING - ANNEXATION #95-01. COMPREHENSIVE PLAN AMENDMENT #95-01. AND ZONE MAP AMENDMENT #95-01 (DAVIDSON FARMS, INC). Mayor Kirksey continued the public hearing at 7:13 p.m.. Community Development Director Goeckritz briefly reminded the Council that the application involved the annexation and expansion of the current Urban Growth Boundary by approximately 19.6 acres and provided for a zoning map amendment from County EFU to city Light Industrial. The hearing had been continued from March 27, 1995 for the purpose Page 2 - Council Meeting Minutes, April 10, 1995 _w.'., ...._ ___._ .,___.._._.._ 'n __ ,_~.___._~." .,.~._,_~,.__..__..__..._~_'~__n' II! . TAPE READING 0469 0654 COUNCIL MEETING MINUTES April 10, 1995 of allowing the applicants additional time to respond to concerns addressed by ODOT, LCDC, and the County Transportation Department. The Director submitted Exhibit 6 (letters from state and County agencies which came in just before the March 27th hearing date) and Exhibit 7 (Inventory Potential Lands Available for Industrial Conversion within the city of Woodburn) into the record. He stated that the applicant did extensive research on the question of whether or not the existing vacant lands within the city could be used for industrial without involving the expansion of the Urban Growth Boundary. Director Goeckritz also stated that staff agrees substantially with the overall conclusion that the City is in need of additional industrial land and the city should not look at rezoning current land in order to make more industrial land available within the current Urban Growth Boundary. The study also concluded that city-wide the Urban Growth Boundary should be expanded to accommodate the need for available industrial land. Director Goeckritz reminded the Council that the Planning Commission has approved the applicant's request with conditions. Dan Ritter, Attorney representing Davidson Farms, Inc., stated that the study was done in response to LCDC's request that the applicant research the existing underdeveloped land within the city to see if other land can be rezoned to industrial. He stated that the 19.6 acre parcel is not a farm resource due to the small size of the parcel and the location of a ditch on the property can be bridged over and incorporated into an industrial campus design. since there were no other proponents or opponents wishing to speak on this issue, Mayor Kirksey declared the hearing closed at 7:24 p.m.. JENNINGS/PUGH.... approve the request by Davidson Farms Inc. as approved by the Planning commission and direct staff to draft an ordinance with findings in favor of the Annexation, Comprehensive Plan amendment, and Zoning Map amendment. The motion passed unanimously. PUBLIC HEARING - 1994-95 SUPPLEMENTAL BUDGET. Mayor Kirksey declared the public hearing open at 7:26 p.m.. Administrator childs stated that the Budget Committee has recommended the approval of the 1994-95 supplemental budget. In summary, the proposed supplemental budget provides for the increase of increase in budget revenues and expenditures within the city Hall Construction Fund, 2) the adjustment of 9-1-1 Development operating contingency funds to the communications Equipment capital outlay line item, and 3) the adjustment of Library Endowment operating contingency funds to Building Improvement capital outlay line item. Page 3 - Council Meeting Minutes, April 10, 1995 ~ -'. .. II! 1 COUNCIL MEETING MINUTES April 10, 1995 TAPE READING No one in the audience spoke either for or against the proposed supplemental budget. Mayor Kirksey declared the hearing closed at 7:30 p.m.. 0795 COUNCIL BILL 1617 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1994-95. Council Bill 1617 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 1617 duly passed with the emergency clause. 0824 COUNCIL BILL 1618 - ORDINANCE EXTENDING THE WOODBURN AMBULANCE FRANCHISE TO JULY 31. 1995. Council Bill 1618 was introduced by Councilor Hagenauer. 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 1618 passed unanimously. Mayor Kirksey declared the bill duly passed with the emergency clause. 0861 COUNCIL BILL 1619 - RESOLUTION AUTHORIZING AN AGREEMENT WITH HARRIS , EIDE. CPA. FOR AUDIT SERVICES. Councilor Hagenauer introduced Council Bill 1619. 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. The Mayor declared Council Bill 1619 duly passed. 0885 COUNCIL BILL 1620 - RESOLUTION APPROVING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 1994- 95. Council Bill 1620 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Jennings stated that the transfer of these funds is for the specific purpose of paying for the City'S membership in the Pudding River Basin Water Resources Management Association. On roll call vote for final passage, Council Bill 1620 passed unanimously. Mayor Kirksey declared the bill duly passed. 0917 REOUEST FOR SOUND AMPLIFICATION PERMIT - P.C.U.N.. pineros y Campesinos Unidos de Noroeste (P.C.U.N.) has submitted a letter requesting a sound amplification permit for Sunday, April 30, 1995, 1:00 pm - 5:00 pm, for the purpose of addressing the participants in their 10th annual membership convention. This event will take place at 300 Young Street in Page 4 - Council Meeting Minutes, April 10, 1995 - . TAPE READING 0934 0959 1112 COUNCIL MEETING MINUTES April 10, 1995 one of their parking lots either to the south or east of their building. staff recommended that the request be granted. JENNINGS/FIGLEy.... follow the recommendation of the Police Chief and grant the request by Northwest Treeplanter and Farmworker's united (P.C.U.N.), 300 Young st., to use sound amplification equipment on Sunday, April 30, 1995, from 1:00 p.m. to 5:00 p.m.. The motion passed unanimously. REOUEST FOR SOUND AMPLIFICATION PERMIT - CHEMEKETA COMMUNITY COLLEGE. Chemeketa Community College, Woodburn Center, has requested a sound amplification permit for their Cinco de Mayo celebration to be held on Thursday, May 4th, from 6:00 pm to 10:00 pm. Chief Wright recommended that the permit be granted for the hours of 5:00 pm to 9:00 pm. JENNINGS/FIGLEy.... follow the recommendation of the Police Chief and authorize the sound amplification permit at Chemeketa Community College, 120 E. Lincoln st., on Thursday, May 4, 1995, from 5:00 p.m. to 9:00 p.m.. The motion passed unanimously. PROPOSED NORTHWEST NATURAL GAS UTILITY IMPACT FEE HEARING. Administrator Childs recommended the scheduling of a public hearing on April 24, 1995, to receive input from citizens on the issue of establishing a utility impact fee (privilege tax) on gross revenues of Northwest Natural Gas Company generated within the City. The proposed 2.0% fee would be dedicated toward street funding improvements and is similar to the fee on Portland General Electric's gross revenues which has been in place since January 1994. Discussion was held regarding the need for a public hearing since a hearing's process was not held when the utility impact fee was imposed on PGE customers. JENNINGS/PUGH.... schedule a pUblic hearing for Monday, April 24, 1995, 7:00 p.m., to take testimony on the Northwest Natural Gas utility impact fee. The motion passed unanimously. RENEWAL OF MEMBERSHIP IN THE COUNCIL OF GOVERNMENTS. Discussion was held regarding the reasons for the initial withdrawal from COG during fiscal year 1994-95 and the types of services that can be provided to the City as members of the organization. Mayor Kirksey stated that she has been invited to, and attended, recent COG meetings even though Woodburn is not a member of COG and that involvement of the Mayor in COG will produce results. The estimated membership cost is $5,433 for fiscal year 1995-96. It was the consensus of the Council to request Alan Hershey, COG Executive Director, to attend the next regular Council Page 5 - Council Meeting Minutes, April 10, 1995 - . .. _ _.._..__.._..,,"u.."__~"__,.._ _._..~.,. _.".... ,_____ ........... _~_,_....."..._._.... -.__..____ TAPE READING 1349 1364 COUNCIL MEETING MINUTES April 10, 1995 meeting to give a very brief overview of COG and what it can do for the City. JENNINGS/FIGLEy.... table this item and request Alan Hershey to attend the next regular Council meeting. The motion passed unanimously. BID AWARD - WATER SLIDE FOR SWIMMING POOL COMPLEX. Bids for a 50 foot single loop water slide were received from the following vendors: N.J. Burns Company, $41,500.00; and White Water, $46,059.00. Since both bids meet the project specifications, staff recommended the acceptance of the low bid from N.J. Burns Company. JENNINGS/SIFUENTEZ.... award the water slide bid to N.J. Burns Company in the amount of $41,500.00. The motion passed unanimously. DANGEROUS BUILDING UPDATE - 347 N. FRONT ST (SALUD BUILDINGI. Al Nunez, Executive Director, stated that he is still trying to reach Realtor Curt Arthur of Coldwell Banker to obtain a status on potential buyers, if any, for the building. He stated that he has spoken with representatives of the Rural Economic Development Commission (formerly Farmer's Home Admn.) and Public Health Service who have informed him that the lien cannot be released until authorization is given by program administrators in Rockville, Maryland. First Interstate Bank has responded to salud's application for a community development loan, however, they would require an appraisal and repayment of the loan amortized over a 5 year period. The Sa Iud Board has met to discuss this issue and the Board has decided that they could not afford to incur the debt to repair the building. The Board has also decided not to use FEMA monies received for any repairs and they have authorized him to deed the property to any agency or person who has the money to make the repairs with the City being the first agency to whom the offer should be made. Councilor Figley stated that her main concern is the safety issue and repairs need to be made before the building deteriorates much more. She also questioned him as to whether or not applications had been made to other financial institutions for a loan. Director Nunez stated that he has not made other inquiries as of this date but he would attempt to secure other sources of funding. Additionally, the Board has directed him to make this issue his #1 priority. His discussions with representatives from FHA and PHS indicated that the lien release request but final authority must be obtained from federal officials back east. He stated that Salud is not trying to make any money off this situation but they are trying to do what is right. Page 6 - Council Meeting Minutes, April 10, 1995 -T-.. - . COUNCIL MEETING MINUTES April 10, 1995 TAPE READING ll.ll CLAIMS FOR THE MONTH OF MARCH 1995. SIFUENTEZ!JENNINGS.... approve voucher checks #26497 - 26929 for the month of March 1995. The motion passed unanimously. 1840 SITE PLAN #95-04 --CONVENIENCE STORE AND DELICATESSEN. The proposed convenience store and delicatessen will be located on the corner of Front st. and Cleveland street. No action was taken by the Council on this site plan. 1875 STAFF REPORTS. A) Resignation of Finance Director -- Administrator Childs stated that Director Gritta has resigned effective April 21, 1995. During the interim, he will handle any personnel supervision matters that may be necessary and he will be arranging with our audit firm, Harris & Eide, to provide on- going oversight and consultation on major financial issues. B) Resignation of RSVP Coordinator -- RSVP Coordinator Pat Hellhake resigned effective March 31, 1995 and the recruitment process for a new Coordinator has begun. During the interim, Chris Breshears has been appointed as interim Coordinator to insure program continuity. Ms. Breshears is a Woodburn area resident with a BS degree in Psychology and has had prior experience in human resources work in a senior-oriented setting. Administrator Childs encouraged the seniors to drop- in at the RSVP office and get acquainted with Ms. Breshears. C) Country Club Road Realignment -- Director Tiwari stated that the project should be completed by the first weekend in May, however, there may still be some minor work being done in the area. He stated that he has also heard many positive comments on the new roadway and they are looking forward to the completion of this project. Discussion was held on the concerns of the Chamber regarding traffic congestion and potential signage for motorists. Director Tiwari expressed concern in adding signs along the roadway which can be a distraction for drivers. The staff was requested to work with the local businesses to see what alternatives might be available in lieu of additional road signs. D) Transportation System Plan Information -- Public Works Manager Rohman distributed Transportation Plan binders which included 3 technical memorandums on various aspects of the planning process. Additional information will be provided to the Council over the next several months. E) Building Activity Report -- No action was taken by the Council. Page 7 - Council Meeting Minutes, April 10, 1995 - - TAPE READING 2635 2868 2893 2936 COUNCIL MEETING MINUTES April 10, 1995 Councilor Hagenauer expressed his thanks to Public Works for the removal of certain trees which were creating a hazard. Councilor sifuentez thanked Director Gritta for a job well- done and offered her best wishes for the future. Councilor Figley also accepted the resignation of Director Gritta with regret and wished her all the best in her new job. She also stated that the trusses are being placed on the new pool building and she is anxiously awaiting the completion of the project. Mayor Kirksey stated that a recent incident involving a basketball hoop within the public right-of-way brings this issue back to the Council for further review. Councilors Jennings and Sifuentez stated that they would be willing to further study this issue. Mayor Kirksey also stated that park rules relating to dogs need to be enforced even if additional signage or other Council action is necessary to keep the parks cleaner for general public use. EXECUTIVE SESSION. JENNINGS/FIGLEy.... adjourn to executive session to consult with 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. Councilor Sifuentez left the meeting at this time since she had previously stated that she had a perceived an ethical if not a legal conflict of interest on the Salud issue. The Council adjourned to executive session at 8:28 p.m. and reconvened at 9:03 p.m.. Mayor Kirksey reiterated that Councilor Sifuentez did not attend the executive session nor is she present at this time due to a potential conflict of interest. FIGLEy/PUGH.... authorize and direct the City Attorney to file a lawsuit to enforce the dangerous building ordinance as far as the Sa Iud Medical Center at 347 N. Front Street. The motion passed 5-0. In regards to the basketball issue, Councilor Jennings stated that property owners with hoops in the right-of-way were sent letters which were intended to relieve the City of liability, however, an accident did occur in which a basketball hoop was damaged. He agrees with the Mayor'S previous comments and, hopefully, this study will result in the drafting of a resolution or ordinance which will still allow the hoops but definitely relieve the city of any liability. Page 8 - Council Meeting Minutes, April 10, 1995 T '-""-'~'- .. I _.~ I COUNCIL MEETING MINUTES April 10, 1995 TAPE READING 3115 ADJOURNMENT. JENNINGS/PUGH... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:09 p.m.. APPROVED ~ A~ NANC~ KIRKSEY, YOR ATTEST fY! ~J Mary ~nant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, April 10, 1995 ~~__,;,'_'_'_"4'_'__'__'__'~_~'__~'_"'_"_'. - .