Minutes - 04/10/1995
COUNCIL MEETING MINUTES
April 10, 1995
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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.
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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
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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.
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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
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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
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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.
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CLAIMS FOR THE MONTH OF MARCH 1995.
SIFUENTEZ!JENNINGS.... approve voucher checks #26497 - 26929
for the month of March 1995. The motion passed unanimously.
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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.
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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.
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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.
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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
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