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Minutes - 02/13/1995 TAPE READING 0001 0015 0018 ..G033 .!L043 OQ59 COUNCIL MEETING MINUTES February 13, 1995 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 13, 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 Manager Rohman, Community Development Director Goeckritz, Police Lt. Eubank, Park Director Holly, Library Director sprauer, City Recorder Tennant MINUTES. JENNINGS/FIGLEy.... approve the Council workshop minutes of January 17 and 30, 1995 and the regular Council meeting minutes of January 23, 1995; accept the Planning Commission minutes of January 26, 1995 and accept the Library Board minutes of January 25, 1995. The motion passed unanimously. Administrator Childs requested the addition of Staff Report item 15(J) to the agenda for the purpose of updating the Council on the Mill Creek Pumping Station. APPOINTMENT - CABLE TV ADVISORY BOARD. Mayor Kirksey appointed Phyllis McKean to the Cable TV Advisory Board with her term expiring December 31, 1995. JENNINGS/SIFUENTEZ.... approve the appointment of Phyllis McKean to the Cable TV Advisory Board. On roll call vote, the motion passed unanimously. ANNOUNCEMENTS. (1) Upcoming Public Hearings before the Council -- February 27, 1995 - 7:00 p.m. - City Hall Council Chambers: (a) Miles Chevrolet Zone Map amendment & site Plan Approval (b) Dangerous Building - 182 Young Street (Rugged Mfg.) (c) Liquor License Renewal for 1995: La Linda's Page 1 - Council Meeting Minutes, February 13, 1995 ,r" . - II' ! TAPE READING 0140 0155 0167 COUNCIL MEETING MINUTES February 13, 1995 (2) "I LOVE WOODBURN" celebration on Tuesday, February 14th, City Hall Council Chambers, from 5:00 pm to 8:00 pm. Mayor Kirksey urged citizens to attend the reception to help Woodburn celebrate its 106th Birthday. (3) Council workshop with representatives of Salud and FmHA on Wednesday, February 15th, 7:00 p.m., in the City Hall Council Chambers. (4) Transportation Task Force will meet on Wednesday, February 16th, 12:00 noon, in the city Hall Council Chambers. (5) Wastewater Advisory Committee will meet on Tuesday, February 28th, 7:00 p.m., in the city Hall Council Chambers. (6) Cable TV Advisory Board will meet on Tuesday, February 28th, 7:00 p.m., in the Woodburn Public Library. (7) A Council Goal Setting Session has been scheduled for Thursday, March 2, 5:00 pm to 10:00 pm. CHAMBER OF COMMERCE REPORT. Dorothy Monnier, Chamber representative, advised the Council that the Chamber Monthly Forum has been changed to the 3rd Wednesday of each month with the next Forum to be held on Wednesday, February 15th, at Yum Wah's. Guest speaker for this event will be Judy Fisher on the topic of Oregon Proposed Transportation Finance Package. On Thursday and Friday of this week, the annual Shadowing Day for Woodburn and North Marion High School students will be held to give the students an opportunity to observe the different types of jobs performed by individuals within the business community. The Breakfast meeting will be held on Friday at 8:00 a.m. with the guest speaker being Bill winter who is the Chief Executive Officer for Silverton Hospital. Mayor Kirksey stated that she has had some responses returned from the recent "I LOVE WOODBURN" column in the Woodburn Independent. She will be sharing some of the responses with the Community during her "State of the City" address. The Councilors will all receive a summary of the responses for their information. PUBLIC HEARING - ANNEXATION #94-02. ZONE MAP AMENDMENT #94-04. SUBDIVISION #94-03 (CiDola GrouD. Inc. - HENRY FARMS). Mayor Kirksey declared the public hearing open at 7:07 p.m.. Recorder Tennant read the required ORS 197.763 land use statement. Community Development Director Goeckritz submitted the complete staff report into the Council record. He proceeded Page 2 - Council Meeting Minutes, February 13, 1995 ...... COUNCIL MEETING MINUTES February 13, 1995 TAPE READING to review the Planning commission's record on this petition which ultimately provided for approval of the application, with conditions, for annexation, zone map amendment to Single Family Residential, and preliminary subdivision. The proposed development is located just north of Lincoln Elementary School with the current city limits contiguous on three sides. The property lies within the Urban Growth Boundary and is currently zoned Marion County Urban Transition Farm. He stated that the developers are proposing a 70' right-of-way at the entrance (city requirement of 60') which will provide for a median planting strip. They will also be installing a brick wall along Boones Ferry Road to enhance the entrance into the subdivision. The developers will be required to sign a non- remonstrance agreement in regards to any future improvements to N. Boones Ferry Road. He noted that the developers of Tukwila were also required to sign the non-remonstrance agreement. The lot sizes within the subdivision range between 7,500 sq. ft. up to 10,000 sq. ft. and it is staff's understanding that the stick-built homes will range from $120,000 to $170,000 in value. The subdivision map, as provided for in the original staff report, will be revised to accommodate conditions imposed by the Planning Commission and a 60' right-of-way will be dedicated for a future roadway to the north for the purpose of connecting to Country Club Road. He stated that the Homeowners Association would be required to maintain the landscaping in addition to any other common areas. A walkway will be installed between the school and the subdivision to eliminate the need for students to walk on N. Boones Ferry Rd.. The developers are currently working on an agreement with the school District to address this issue. The final issue to be addressed by the Planning Commission will be the installation of a fence along the west boundary of the property. The Commission had discussed this issue previously, however, there was not a quorum of members present to make a decision. Of those individuals present, the consensus was to require a cedar fence with a lattice top. During a brief discussion on maintenance of the fence, Mayor Kirksey stated that she felt it was the Homeowner's Association obligation to maintain the fence just as they will be maintaining other aesthetic items within the subdivision. Helen Buzenberg, Student Intern from University of Oregon, questioned if site-built homes could be required versus manufactured housing. Director Goeckritz stated that the city cannot discriminate in the type of housing, however, he has been told by the developer that the homes would be stick-built. 0908 Dave Trapp, applicant and representative of cipole Group, Inc., stated that the developer wants a first-class subdivision which would provide a one-entrance subdivision Page 3 - Council Meeting Minutes, February 13, 1995 ~. -I ~._..~._._---- TAPE READING 1;!56 1300 1358 COUNCIL MEETING MINUTES February 13, 1995 mainly for security. In regards to the right-of-way to the north, the developers requested that there be a specific time period involved in which the city could then decide if a road was to be built to Country Club Road. If the city decides not to extend the roadway, then the lot would be vacated back to the developer. The main issue to be addressed at this time is the fence. There currently exists a chain link fence along the school property which would abut the south side of this development and a brick wall will be built on the east side. The developers would prefer a chain link fence on the west side since it would probably last forever. The property has good drainage for storm water and the ditch along the school property curves into the subdivision. He will be discussing this issue with the School District. In regards to the maintenance of the ditch, he stated that the developers had assumed that each property owner would be responsible for the fence on their property and the Association would enforce the repairs. This type of arrangement has worked in other subdivisions. Mayor Kirksey expressed her opinion that the Association should be responsible for the maintenance of the fence to insure that the property owners in senior Estates abutting this subdivision do not have to deal directly with the property owners within the subdivision. It was also noted that the subdivision would be enclosed on all four sides for security purposes. Bob Engle, attorney representing the applicant, stated that he had originally been retained to acquire property to the north for future roadway purposes, however, that is no longer required. A lot will be kept open within the subdivision in the event a roadway is extended to Country Club Road. He is also preparing the CC&R's and Homeowner's Association documents and he will be addressing the maintenance of the fence issue within the document which will go before the Planning commission for review and acceptance. Dennis Miller, 1010 Randolph Rd., stated that he had no business interest in this development but he did feel that the development would be an asset to the community. Rumors within Senior Estates have been spreading some of which indicated that there would be low-cost housing in that area. He expressed his relief in knowing that up-scale housing is being proposed which would be good for the Senior Estates properties abutting the development and for the city. Grant Williams, 1321 Astor ct., stated that he was a proponent for the development and his involvement with this issue relates to the fence. He felt that a chain link fence may be the best alternative provided that the slats in-between the links need to be replaced periodically. The Planning commission did not have sufficient members present at the last Page 4 - Council Meeting Minutes, February 13, 1995 T' . ~... .. ._~_..__._~..".. . ..~. . ..-,.---.-"..-......,., ............. . ~ ...~--_.~~._~..- , - . TAPE READING 1413 1583 1610 1783 COUNCXL MEETXNG MXNUTES February 13, 1995 meeting to decide as to the type of fence which will be required. No one in the audience spoke in opposition to the proposed development. Mayor Kirksey declared the hearing closed at 7:58 p.m.. The Council discussed the need to have enforceable Homeowner's Association rules which clearly state that the fence must be maintained by the Homeowner's Association so that the neighbors in the Senior Estates area and those within the subdivision do not have to deal with this issue in the years to come. The Mayor and Council also expressed individual opinions regarding the type of fence with 4 members in favor of the cedar fence and 3 members for the chain link fence. It was noted that the Planning Commission and neighbors within senior Estates will need to come back with a agreed upon fence type for Council review. JENNINGS/PUGH.... approve, with conditions, the applicants request and instruct staff to prepare an ordinance with findings to substantiate the approval. On roll call vote, the motion passed unanimously. COUNCIL BILL 1605 - ORDINANCE GRANTING AUTHORITY AND ESTABLISHING PROCEDURES FOR INVENTORY SEARCHES BY THE POLICE DEPARTMENT. Council Bill 1605 was introduced by Councilor Hagenauer. The two readings of the bill were read by title only since there were no objections from the Council. city Attorney Shields stated that the proposed ordinance is basically a housekeeping item which will give City police officers the authority to conduct inventory searches of property found in the possession of an individual in custody and inventory property in an impounded vehicle. A recent Court of Appeals ruling indicates that legislative authority is necessary before these searches are made and passage of this proposed ordinance will meet the requirements of the state v. Custer case. On roll call vote for final passage, Council Bill 1605 passed unanimously. Mayor Kirksey declared the bill duly passed with the emergency clause. COUNCIL BILL 1606 - ORDINANCE ACCEPTING A LEAGUE OF OREGON CITIES BENEFITS SERVICES TRUST GRANT FOR A SMOKING CESSATION PROGRAM. Council Bill 1606 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 1606 duly passed with the emergency clause. Page 5 - Council Meeting Minutes, February 13, 1995 "I , . .. . "._~.", TAPE READING 1853 1890 1913 1940 1980 COUNCIL MEETING MINUTES February 13, 1995 COUNCIL BILL 1607 - RESOLUTION ENTERING INTO A CONTRACT WITH CHARLOTTE JONES. MOTIVATION CONSULTANT. TO PROVIDE EDUCATIONAL TRAINING AND SUPPORT FOR SMOKING CESSATION PROGRAM PARTICIPANTS. Councilor Hagenauer introduced council Bill 1607. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1607 passed unanimously. Mayor Kirksey declared the bill duly passed. COUNCIL BILL 1608 - RESOLUTION AUTHORIZING AGREEMENT WITH STATE GENERAL SERVICES DEPARTMENT FOR PURCHASING. Council Bill 1608 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, the bill passed unanimously. Mayor Kirksey declared Council Bill 1608 duly passed. COUNCIL BILL 1609 - RESOLUTION AUTHORIZING AN INTERAGENCY AGREEMENT FOR COLLISION RECONSTRUCTION AND SCENE HOMICIDE TEAM SERVICES (C.R.A.S.H.I. Councilor Hagenauer introduced Council Bill 1609. The bill was read 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 1609 duly passed. REVISED CALLS FOR SERVICE PRIORITY LIST RE: DIFFERENTIAL POLICE RESPONSE (DPRI. Chief Wright's memo provided background information on the DPR Program which has been in place since October 1992. The original list provided for 4 categories of calls and the recently revised list, as developed by the same committee members, expands the list to 6 categories to allow a clearer understanding of call priorities and to still allow flexibility based upon the circumstances. JENNINGS/FIGLEy.... authorize the implementation of the revised Calls for Service Priority List dated January 18, 1995. The motion passed unanimously. Councilor Jennings thanked Lt. Eubank for work he has done on this program. OREGON LIOUOR LICENSE RENEWALS FOR 1995. Police Chief Wright recommended the renewal of the following liquor licenses for 1995: AM-PM Mini Mart, Bi-Mart, Crossroads Deli, Gary's Market, Lind's Market, Lind's Plaza Market, OLCC Agency Store #60, Piper's Jewelry, Roth's IGA, Safeway, Salvadore's Bakery, Shop-n-Kart, 7-11 Store, Westview Texaco, Woodburn Chevron, Young Street Market, Payless, Eagle's Lodge, Woodburn Elks, Abby'S Pizza Inn, Izzy's Pizza, Page 6 - Council Meeting Minutes, February 13, 1995 ...... TAPE READING 2090 2128 ;a;! 25 COUNCIL MEETING MINUTES February 13, 1995 The Raven Inn, Senior Estates Country Club, Woodburn Lanes, Pizza Hut, La Unica, EI Nopal, Playa de oro, Chung Sing Restaurant, The pier, Yum Wah Chinese Restaurant, and Chu's Eatery. Chief Wright stated that The Raven Inn, La Unica, EI Nopal, and Playa de Oro currently have compliance plans that are attached to the license, therefore, annual approval of the compliance plans are not necessary. He also recommended the denial of the 1995 renewal for La Linda's, 293 N. Front, and suggested that a public hearing on this denial be scheduled for the next regular Council meeting. JENNINGS/FIGLEy.... approve the liquor license renewals for 1995 as recommended by staff. The motion passed unanimously. JENNINGS/FIGLEy.... set a public hearing date of Monday, February 27, 1995, 7:00 p.m., on the 1995 liquor license renewal request submitted by La Linda's, Inc., 293 N. Front Street. The motion passed unanimously. BID AWARD - HEAT RECOVERY SYSTEM IHVAC) FOR AOUATIC CENTER. Bids for the HVAC System for the Aquatic Center were received from the following contractors: Industrial Aid System, $98,500, and Weller, Inc., $93,895. JENNINGS/FIGLEy.... accept the low bid from Weller, Inc. in the amount of $93,895. The motion passed unanimously. NORTH FRONT STREET PARKING. Staff recommended the installation of signs restricting the parking of vehicles on the unimproved public right-of-way along North Front Street near the Stonehedge Apartment complex. If approved, a specific sign such as "No Parking on Shoulder" will be installed to insure that citations issued legally defensible. Stonehedge Apartments has instituted a parking permit system for their complex and the number of vehicles belonging to the tenants exceed the number of parking spaces which were required by city ordinance. Parking of vehicles in this area has damaged the grass and right-of-way in this area. JENNINGS/PUGH.... approve the installation of signs restricting parking on the unimproved right-of-way along North Front Street. The motion passed unanimously. Staff advised the Council that the signs would be a special order and they would be installed as soon as they are received. CLAIMS FOR THE MONTH OF JANUARY 1995. SIFUENTEZ/CHADWICK.... approve voucher checks #25849 - 26167 for the month of January 1995. The motion passed unanimously. Page 7 - Council Meeting Minutes, February 13, 1995 T , 11 I TAPE RF..ADING 2278 2329 COUNCIL MEETING MINUTES February 13, 1995 SITE PLAN ACTIONS. (A) site Plan Review #94-25 -- Washington Federal Savings: Community Development Director Goeckritz stated that the Commission had approved the site plan with conditions at their January 26th meeting. It was noted that the bank and medical building will share a common access onto Cascade Drive. No action was taken by the Council. STAFF REPORTS. (A) Status Report - February 8, 1995 Earthquake: Administrator Childs reported that there was no report of damage to city property or residential/commercial property within the City. Precautionary measures were taken following the earthquake which were consistent with the nearly completed Emergency Operations Plan. (B) Budget Meetings -- Administrator Childs stated that the first Budget Committee meeting for Fiscal Year 1995-96 will be held on Tuesday, March 14th, 7:00 p.m., at Woodburn City Hall. A supplemental budget hearing will also take place on that date to reallocate funds primarily for the city Hall and Library HVAC systems and the installation of a lift station in the basement of City Hall. (C) North Marion County Law Enforcement Consortium -- Chief Wright provided statistical information to the Council on the recent joint traffic enforcement of assigned streets within the City. The assigned areas were based on accident rates and citizen complaints of speeding vehicles in residential areas. It was noted that the highest number of citations were issued to motorists driving on Hardcastle st. and East Lincoln Street. The consortium is scheduled to participate in traffic enforcement in Aurora during the month of February and in Hubbard during the month of March. (D) "COPS FAST" Grant -- In November 1994, the Council authorized application for two more police officer positions under the federal crime bill. Tentative approval has been given to one position which will provide $75,000 in grant funds over the next 3 years. Funding for this position, along with the two positions under the "COPS" grant, will be reflected in the 1995-96 budget. (E) League of Oregon cities Elected Officials Workshop -- The workshop will be held on Saturday, March 14th in Salem. Councilors interested in attending are requested to contact Administrator Childs no later than Friday, March 3rd. (F) Young Street Railroad Crossing Repairs -- Major repairs to the crossing was scheduled for February 14th, however, the weather has delayed the repair work. The crossing will be closed while the repairs are being made and traffic detoured at Front st. and Doud st.. The rubberized crossing material will not be installed until a later date since the crew doing Page 8 - Council Meeting Minutes, February 13, 1995 .,,-. .._,_.__..__. ___~_" "~" '~_.".4'" _.,,~~."__.... '''''~_''"__''~'_~__~___''~'__'' _ ".__ . . TAPE READING Tape 2 0001 0044 0087 OJ.OO 0105 COUNCIL MEETING MINUTES February 13, 1995 this type of installation work is not available at this time and it is unknown as to when the work will be completed. (G) Aquatic Center Construction status Report -- Park Director Holly stated that the work is progressing on schedule and he is pleased with the progress to date. (H) Building Activity Report for January 1995 (I) Code Enforcement - 1994 Annual Report (J) Mill Creek Lift station Pump -- Public Works Manager Rohman advised the Council that the pump drive on one of the three pumps snapped on January 14th and damage occurred to the bearings and seal on the pump. Repairs were made, however, the pump is still not operating properly. staff will continue to work on the pump and will be consulting with the pump manufacture to solve the problem. Administrator Childs reminded the Council that he needed the "homework" for the Goal Setting session no later than Wednesday, February 15th. Councilor Figley expressed her appreciation to the Police Department for the successful grant award in which federal funds are being returned to the local citizens for a useful purpose. She also expressed her delight in seeing the Transit Bus operating during the inclement weather. Councilor sifuentez reminded the public that bricks for the new swimming pool will be sold until April 1st. Mayor Kirksey reminded the public of the "I LOVE WOODBURN" celebration which will be held on Tuesday, February 14th. EXECUTIVE SESSION. JENNINGS/SIFUENTEZ....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 under the authority of ORS 192.660(1) (h). The motion passed unanimOUSly. (Councilor Sifuentez did not attend the executive session nor was she present after the meeting reconvened to participate in any Council discussion or action since she had previously declared a conflict of interest on the issue involving Salud Medical Building.) The meeting adjourned to executive session at 8:32 p.m. and reconvened at 9:09 p.m.. DANGEROUS BUILDING ISSUES. (A) Old Bank Building, 199 N. Front street -- JENNINGS/FIGLEy.... because of the activity going on inside the building at 199 N. Front street, we withhold any further Page 9 - Council Meeting Minutes, February 13, 1995 ..... !W" . TAPE READING 0181 0260 ATTEST COUNCIL MEETING MINUTES February 13, 1995 proceedings on that matter until a future date and ask staff to continually monitor the progress and give us a report at each Council meeting. On roll call vote, the vote was 5-0. (B) Salud Medical Building, 347 N. Front Street -- JENNINGS/PUGH.... delay any further action on the Salud Medical Building at 347 N. Front Street until an executive session is held at the next regular council meeting. On roll call vote, the motion passed 5-0. Mayor Kirksey stated that the delay is because the council will be holding a workshop with Salud on Wednesday, February 15th. PUGH/JENNINGS.... staff provide Council with an attendance record of Planning Commission members at the next regular meeting. Councilor pugh stated that his purpose in obtaining this information is to check the attendance records of Commission members. He expressed his concern in that the council might be subjecting themselves to difficulties when the commission has a consistent absentee problem. It was suggested that a 15-month period be reviewed in accumulating the attendance record. The motion passed unanimously. ADJOURNMENT. JENNINGS/FIGLEY... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:16 p.m.. APPROVED ~~.4~ NANCY A. RKSEY, MAYO 11t4~~d Mary Te ant, Recorder city of Woodburn, Oregon Page 10 - Council Meeting Minutes, February 13, 1995 '''r- I I