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Minutes - 01/24/1994 TAPE READING 0001 0010 0020 0038 ........... - ,..-. I --" -\ ,...-..\ \, COUNCIL MEETING MINUTES January 24, 1994 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 24, 1994. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor councilor Councilor Kelley Figley Galvin Hagenauer Jennings Mitchell Sifuentez Present Present Present Present Absent Present Present staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park Director Holly, Police Chief Wright, Finance Director Gritta, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant MINUTES. FIGLEy/SIFUENTEZ.... Council minutes of January 10, 1994 regular and executive session be accepted. The motion passed unanimously. APPOINTMENTS - PLANNING COMMISSION. Mayor Kelley stated that due to the recent resignation of Paul Johnson from the Planning Commission, five positions were vacant on the Commission. He read a statement regarding his decision to appoint Lillian warznyski as one of the five individuals to the Commission due to her expertise as a past member. He also reiterated his desire to make the various boards and commissions more diverse and to allow other members of the community to serve on these boards and commissions. Mayor Kelley appointed the following individuals to serve on the Planning Commission: Pam Davis (12/95), Robert Finch (12/96), James Atkinson (12/97), Gary Kosikowski (12/97), and Lillian Warznyski (12/97). FIGLEy/SIFUENTEZ.... the appointments of Pam Davis, Robert Finch, James Atkinson, Gary Kosikowski, and Lillian warznyski be approved. On roll call vote, the motion passed unanimously. In attendance at the meeting were the new appointees, excluding James Atkinson who was unable to attend due to a change in his work schedule. Page 1 - Council Meeting Minutes, January 24, 1994 'If TAPE READING 0117 0167 0178 0186 0251 0322 0346 - ~.- ~ -- -. I COUNCXL MEETXNG MXNUTES January 24, 1994 APPOINTMENTS - R.S.V.P. ADVISORY COUNCIL. Mayor Kelley appointed Donna Hendricks to the RSVP Advisory Council. FIGLEy/SIFUENTEZ.... appointment of Donna Hendricks be approved. The motion passed unanimously. MEETING ANNOUNCEMENTS. The Woodburn Budget Committee meetings are scheduled for January 25 and 27, 1994, and February 1, 3, 8, and 10, 1994. The meetings will be held at 7:00 p.m. each evening. A Council workshop regarding 9-1-1 wil be held on Wednesday, February 2, 1994, 7:00 p.m., at Woodburn City Hall. PROCLAMATXON - CATHOLXC SCHOOLS WEEK. Mayor Kelley proclaimed January 31 - February 6, 1994, as Catholic School Week in recognition and appreciation for the contribution the catholic school makes within the community. CHAMBER OF COMMERCE REPORT. Patrick Vance, Chamber Board member, reminded the Council that the annual Distinguished Service Award reception will be held on Wednesday, February 9th, at the united Methodist Fellowship Hall. Formal announcement of the recipients will be on February 2nd in the Woodburn Independent. He also stated that the Chamber is distributing a brochure to local businesses and homeowners regarding graffiti removal and he commended them for their early removal of graffiti from their buildings. WASTEWATER ADVXSORY COMMITTEE REPORT. Councilor Mitchell stated that the Committee had met with the Council last week to address goals and receive Council input as to what direction the Committee should pursue. He stated that he was impressed on the number of people in attendance of interested residents, representatives from local businesses, and representatives from other local communities to provide input on this issue. He attributed the attendance to the work being done by Barbara Lucas who mailed notices of the meeting not only to local businesses but also to other surrounding cities. He stated that the next meeting will be held in March and he urged the public to attend. Mayor Kelley stated that he is working with a group of citizens interested in coordinating a st. Patrick's Day parade on Saturday, March 19th. Anyone interested in participating are asked to contact Dan Glennon or himself for further information. FIGLEy/GALVIN.... Council Bill 1506 be removed from the table. The motion passed unanimously. Page 2 - Council Meeting Minutes, January 24, 1994 'If -., -. - -, COUNCIL MBBTING MINUTBS January 24, 1994 TAPE READING 0471 COUNCIL BILL 1506 - RBSOLUTION FINDING THAT THB BUILDING LOCATBD AT 199 N. FRONT STRBBT IS A DANGBROUS BUILDING. Council Bill 1506 was introduced by Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Figley stated that her main reason for removing the bill from the table was to receive a progress report from the staff and/or property owner. community Development Director Goeckritz stated that the City had received an engineering and preliminary architectural report today. The same plan has been submitted to Marion County and the Woodburn Fire Department for review. staff estimates the time frame for review to be approximately 4 weeks. Some additional architectural plans need to be submitted before the various agencies can complete their review of the plans. Nora Fives, representing the property owner, stated that the masons were ready to start work on the building next week, however, they will now have to wait until the plans are approved. FIGLEY/SIFUENTEZ... Council Bill 1506 be re-tab1ed until the second regular meeting in February (February 28, 1994). The motion passed unanimously. 0490 FIGLEy/GALVIN.... Council Bill 1510 be removed from the table. On roll call vote, the motion passed unanimously. COUNCIL BILL 1510 - RBSOLUTION FINDING THAT THB BUILDING LOCATBD AT 347 N. FRONT STRBBT IS A DANGBROUS BUILDING (SALUD BUILDING) . Council Bill 1510 was read by title only since there were no objections from the Council. Community Development Director Goeckritz stated that a letter from the Dept. of Health and Human Services Grant Management Director had been sent to Al Nunez stating that they were wiling to transfer their financial interest in the old building to a new facility, therefore, selling the old building only needs the approval of the Public Health Service. Sa Iud is hoping to negotiate the sale of the property to another agency who would be able to rehabilitate it for their use. Director Goeckritz also stated that the fire recent fire at 311 N. Front street did not affect the Salud building. FIGLEY/SIFUENTEZ.... Council Bill 1510 be re-tabled until February 14, 1994. The motion passed unanimously. Page 3 - Council Meeting Minutes, January 24, 1994 - TAPE READING 0592 0631 0650 0680 0698 -- - ........", - COUNCIL MEETING MINUTES January 24, 1994 COUNCIL BILL 1514 - ORDINANCE RECLASSIFYING CERTAIN PROPERTY LOCATED ON NORTHWEST CORNER OF HIGHWAY 99E , WILLIAMS AVENUE FROM MULTI-FAMILY RESIDENTIAL TO COMMERCIAL GENERAL. Council Bill 1514 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 Kelley declared Council Bill 1514 duly passed with the emergency clause. COUNCIL BILL 1515 - RESOLUTION AUTHORIZING AGREEMENT WITH BURLINGTON ENVIRONMENTAL FOR DISPOSAL OF CERTAIN HAZARDOUS WASTE MATERIALS. Council Bill 1515 was introduced by Hagenauer. 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 Kelley declared Council Bill 1515 duly passed. COUNCIL BILL 1516 - RESOLUTION ENTERING INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH KITTLESON AND ASSOCIATES. Council Bill 1516 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. staff advised the Council that the state Highway Department will reimburse the City for the additional traffic analysis to be performed under this agreement since the state has requested this information from the consultants. On roll call vote for final passage, Council Bill 1516 passed unanimously. Mayor Kelley declared the bill duly passed. COUNCIL BILL 1517 - RESOLUTION ENTERING INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH MURRAY. SMITH. , ASSOCIATIONS FOR REPAIR AND PAINTING OP ELEVATED WATER RESERVOIR. Councilor Hagenauer introduced Council Bill 1517. 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 Kelley declared Council Bill 1517 duly passed. COUNCIL BILL 1518 - RESOLUTION ENTERING INTO LETTER OF AGREEMENT WITH CLACKAMAS COUNTY FOR PUDDING RIVER BASIN SERVICE PROVIDER STUDY. Council Bill 1518 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 1518 passed unanimously. The Mayor declared the bill duly passed. Page 4 - Council Meeting Minutes, January 24, 1994 ",. TAPE READING 0722 0744 0766 0793 0806 ,- - - -, COUNCIL MEETING MINUTES January 24, 1994 COUNCIL BILL 1519 - RESOLUTION AUTHORIZING AGREEMENT WITH STATE GENERAL SERVICES DEPARTMENT FOR PURCHASING. Council Bill 1519 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 Kelley declared the Council Bill 1519 duly passed. COUNCIL BILL 1520 - RESOLUTION AFFIRMING THE DECISION OF THB WOODBURN PLANNING COMMISSION IN SUBDIVISION CASE #93-03 (WESLEY SUBDIVISION). Council Bill 1520 was introduced by 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 1520 passed unanimously. The Mayor declared the bill duly passed. OLCC LICENSE REQUEST - CHU'S EATERY. Police Chief Wright recommended the approval of the Class A Dispenser liquor license application submitted by Peter and Annie Chu for their establishment located at 1390 N. Pacific Highway (formerly Brack's Restaurant). FIGLEy/HAGENAUER.... approve the Class A liquor license application of Peter and Annie Chu DBA: Chu's Eatery. The motion passed unanimously. REOUEST FOR INSTALLATION OF "NO PARKING" SIGNS ON ALDER LANE. Residents on Alder Lane have requested the installation of "No Parking" signs along the entire length of the street to improve accessibility and provide sufficient room for emergency vehicles, garbage collection trucks, and recreational vehicles to drive the roadway in a safe manner. The staff recommended the installation of the signs on the east side of Alder Lane between steven street and Linda street. FIGLEy/SIFUENTEZ.... request for installation of "No Parking" signs on Alder Lane be granted. The motion passed unanimously. BID AWARD - SURVEY EQUIPMENT. Bids were received from the following vendors for a total station survey instrument, prism pole and a mini or single prism: Pacific Laser, $5,495.00 (model Nikon 050); Johnson Instruments, $5,795.00; Pacific Laser, $6,585.00 (model Nikon C100); Nessco Supply, $6,660.00; and Portland Precision, $6,999.00. Staff recommended the rejection of the low bid from Pacific Laser (model Nikon 050) since it did not meet specifications and the acceptance of the next low bid from Johnson Instruments. FIGLEy/SIFUENTEZ.... award the survey equipment bid to Johnson Instruments in the amount of $5,795.00 as recommended by staff. The motion passed unanimously. Page 5 - Council Meeting Minutes, January 24, 1994 .". TAPE READING 0828 0882 1032 ~. -, .- -. COUNCIL MEETING MINUTES January 24, 1994 SOLICITATIOB PERMIT - AMERICAN HBART ASSOCIATIOB. American Heart Association has requested permission to conduct door-to-door solicitation from February 6 - 14, 1994 and applicable fees be waived. staff recommended the issuance of the permit since they are a non-profit corporation and there are no reported complaints in Oregon against this organization. FIGLEy/SIFUENTEZ.... request for solicitation permit by the American Heart Association, Oregon Affiliate, Inc., to conduct a door-to-door informational and fund raising campaign in Woodburn from February 6 - 14, 1994 be granted. Councilor Galvin requested that the solicitation be restricted to daylight hours. FIGLEy/GALVIN.... amend the motion to limit the solicitation between the hours of 8:00 am and 5:00 p.m.. The motion to amend passed unanimously. The motion as amended also passed unanimously. STAFF REPORTS. Included in the agenda packet were the following reports for the Mayor and Council's information: 1) Issues to be discussed at the February 2, 1994 Council workshop on the draft 9-1-1 agreement; 2) Ground Water contamination update; 3) Memo Regarding recent graduation of Sgt. Tom Tennant from the National FBI Academy; 4) Building Activity report for December 1993; and 5) Code Enforcement 1993 Annual Report. Councilor Mitchell questioned Director Goeckritz if there was a particular area in town that code enforcement activities require more attention. Director Goeckrtiz stated that a higher number of code enforcement activities are required between Highway 99E and Front Street. Councilor sifuentez questioned if the committees formed through the Community Gang Forum have formulated draft ordinances for the City to consider. Chief Wright stated that there are 7 committees, however, he has only been involved with the Law Enforcement committee. They are meeting this evening at the high school to continue their work on putting together a draft curfew ordinance for legal counsel to review. They are also reviewing a proposed nuisance house and nuisance business ordinance. Staff is waiting for the committees to finalize their proposals. Councilor Figley questioned if an ordinance that would allow for confiscation of uninsured vehicles is an option available to the Council for consideration. Attorney Shields stated that he has been working with Chief Wright and Administrator Childs on a draft ordinance for Council consideration. The State law deals with the towing Page 6 - Council Meeting Minutes, January 24, 1994 ... ........ ..... ......,A ...... COUNCIL MEETING XIHUTBS January 24, 1994 TAPE READING approach of uninsured vehicles, however, the City could elect to allow for the forfeiture approach. He stated that the drart ordinance would probably parallel the state law. 1149 Councilor Figley stated that there continues to be some controversy on the subject of whether or not the General Fund is required to reimburse the System Development Funds for monies that were not collected from developers while the Connection Fee Subsidy ordinance was in effect. In her opinion, if there is a legal obligation for the repayment of funds, then the City needs to make the transfer of tax dollars while it is in a sound financial position. If there is no legal obligation, then it is an policy decision as to whether or not any funds are transferred. It was the consensus of the Council to instruct the Attorney to prepare a legal opinion on this issue. 1247 Councilor Figley also questioned if the City is working on an Emergency Coordinated Response program. Administrator Childs stated that the City is working on a plan in coordination with the Fire District and Woodburn Ambulance. Staff is in the advance stages of preparing a complex plan which deals with all aspects of emergency planning. In cooperation with other local County agencies, an emergency drill (Quake X) will be held in April. Chief Wright advised the Mayor and Council that they will be involved with the drill and their participation is necessary during this exercise. 1396 Councilor Mitchell informed the Council that he had received 5 telephone calls from individuals objecting to the Privilege Tax and now understood what the City staff has gone through on this issue. 1430 Councilor Sifuentez stated that the pamphlet from the Chamber of Commerce provided businesses or homeowners with valuable information on removal of graffiti. She also wished there was some information available on prevention. Police Chief Wright stated that, as outlined in the pamphlet, citizens should report, record, and remove all graffiti as soon as possible. Citizens should call 9-1-1 to report any crime in progress and an officer will be immediately dispatched to the scene. 1537 John Dickinson, District Commander for the American Legion, requested Council assistance in pursuing a State Veteran's Home in the Woodburn area. He stated that construction of the facility would. include federal funds, however, the remaining portion of the cost (approximately $5 million) must be borne by the local government in which the home is built. Funding assistance could be in the form of donations or grants such as Economic Development (lottery funds). Issuance of C.O.P bonds Page 7 - Council Meeting Minutes, January 24, 1994 ~~~ ..-....&. .-. COUNCIL MEETING MINUTES January 24, 1994 TAPE READING 2061 is also a prerogative of the state as a funding option, however, local funding of the match dollars is preferred. Approximately 15 acres of property is necessary for this project and it must be located within the Urban Growth Boundary. Some local citizens interested in pursuing the construction of this facility in our community have been looking for a parcel of land that would meet the land requirements which could be donated for this purpose. The State has expressed their preference of locating the facility in either Marion, Clackamas, Mu1tnomah, or Washington counties with easy access to the freeway. The facility would provide a 150 bed unit that would provide long term care for worse case conditions and it would employ approximately 100 staff members. statistics show that the facility would be a self- sufficient operation through the savings of Medicaid dollars that our currently being spent at private facilities. In regards to the st. Patrick's Day parade, Mayor Kelley stated that there would be no solicitation of local businesses for funding nor would there be any expenditure of city funds. He urged Councilors and interested citizens to participate in the parade activities. Donations will be accepted to help offset costs incurred by the parade committee. 2092 ADJOURHKEN'l'. The meeting adjourned at 8:08 p.m.. APPROVED ATTEST /Y} -/~~. Mary ~ant, Recor er City of Woodburn, Oregon Page 8 - Council Meeting Minutes, January 24, 1994