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Minutes - 01/10/1994 TAPE READING 0001 0011 0025 0037 _. COUNCIL MEETING MINUTES January 10, 1994 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 10, 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 Present Present Absent 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, 9-1-1 communications Director Wolf, Public Works Manager Rohman, City Recorder Tennant MINUTES. FIGLEy/JENNINGS.... approve the Council session minutes of December 13, 1993 and commission minutes of December 9, 1993. unanimously. regular and executive accept the Planning The motion passed PLANNING COMMISSION APPOINTMENTS. Mayor Kelley appointed Robert Finch to serve as a Planning Commission member in position #2 with his term to expire in December 1996. councilor Mitchell questioned the Mayor as to why he is only appointing enough individuals to fill eight of the nine positions. Mayor Kelley stated that he has decided to appoint only 3 individuals at this time. Discussion was held on the issue of appointing 4 citizens to fill the current vacancies, and, specifically, the reappointment of Lillian Warzynski to fill one of those available positions. councilor Mitchell stated that he did not want to show favoritism to the Mayor's appointees, therefore, he would vote no on the confirmation of the appointments until such time as Lillian Warzynski was included on the list of appointments. He stated that he did not object to the appointments of the three individuals, however, he wanted those individuals to know why he is voting no on the confirmation at this time. Mayor Kelley stated that, in his opinion, he did not want to Page 1 - council Meeting Minutes, January 10, 1994 11' TAPE READING 0325 0482 0577 ~ ~ COUNCIL MEETING MINUTES January 10, 1994 feel blackmailed by the Council into appointing an individual to the Planning Commission who already serves on other City committees. He felt that others should be given an opportunity to serve the community. councilor Jennings stated that in his letter to the Mayor dated December 21, 1993, he submitted Lillian Warzynski's name for reappointment since william Pyle had submitted a letter previously withdrawing his name from the appointment list. He also stated that both Ms. Warzynski and Mr. Pyle are residents within his Ward. Mayor Kelley stated that he spoke with Mr. Pyle regarding his withdrawal and Mr. Pyle advised him that he did not recall writing certain things in the letter that was received by the Mayor. Barbara Lucas, 214 E. Clackamas Cl, questioned if the City would have a Planning commission if this impasse goes on for a lengthy period of time. Administrator Childs stated that the Commission currently has five members which is sufficient for a quorum. If one of the members is not in attendance at the meeting, the Planning Director can be considered as a part of the quorum, however, he is a non-voting member for the purpose of making decisions. Nancy Kirksey, 1049 McKinley, questioned the Mayor and council as to what action the public needs to take to change the City Charter so that the Mayor, whether it be now or in years to come, does not have absolute authority in making appointments. She also suggested that the Council not give in to the Mayor's wishes and continue to pursue the reappointment of Mrs. Warzynski. Wes Bauer, 1190 Randolph Rd, expressed his concern regarding the Mayor's fulfillment of his campaign promises. He quoted statements made by the Mayor from 1990 and 1992 newspaper clippings which relate to his willingness to listen to citizen concerns and to encourage citizens to express themselves on issues. He stated that, in this case, citizens have requested the Mayor to reappoint Lillian warzynski to the Planning Commission. Mayor Kelley stated that in a city of this size, individuals should not serve on more than one committee. Mrs. Warzynski does serve on at least one other committee, therefore, other interested citizens should be given an opportunity to serve. Joanne Bjelland, Planning Commission member, stated that if more individuals are to be involved, then no reappointments should have been made by the Mayor to any city commission, board, or committee. In her opinion, the Mayor is not representing the City when a large number of citizens have expressed their desire to have an individual reappointed to the Planning commission. Page 2 - Council Meeting Minutes, January 10, 1994 ~ TAPE READING 0787 0810 0870 0935 1291 .- -, COUNCIL MEETING MINUTES January 10, 1994 Mayor Kelley briefly reviewed the statistics on meeting attendance by commission members. He also stated that one position has been vacant for almost 1 year. FIGLEY/MITCHELL... the 3 Planning Commission positions recommended by the Mayor be rejected. On roll call vote, the motion passed unanimously. MEETING ANNOUNCEMENTS. The Budget Committee will meet on Thursday, January 13, 1994, 7:00 p.m., at Woodburn City Hall. This meeting is a scheduled public hearing on the 1994-95 City budget and subsequent meeting dates will be announced at the budget meetings. A Council/Wastewater Advisory Committee workshop is scheduled for Wednesday, January 19, 1994, 7:00 p.m., at city Hall. Councilor Mitchell urged the attendance of the public at all of their meetings to receive citizen input on this project which may cost anywhere from $26 million to $44 million. council workshop regarding the 9-1-1 Agency will be held on Wednesday, February 2, 1994, 7:00 p.m., at City Hall. CHAMBER OF COMMERCE REPORT. Patrick Vance, Chamber Board member, invited the Council to attend the Chamber forum on January 21st, 12:00 noon, at Yum Wah's Restaurant. Guest speaker will be Nick Jones from the Portland Trailblazers. He also stated that the Chamber continues to support the Downtown Association in their efforts to improve the downtown area. Additionally, he urged the Council to expedite the completion of the Transportation Plan. PUBLIC HEARING - ZONE MAP AMENDMENT #93-04 - PROPERTY LOCATED AT 1025 N. PACIFIC HIGHWAY (PLAZA MOTEL). Mayor Kelley declared the public hearing open at 7:34 p.m.. community Development Director Goeckritz read the required land use statement then proceeded to review the staff report on this application. The property owner is requesting the rezoning of the two lots consisting of approximately 8600 square feet for the purpose of constructing 11 additional units to the existing motel. The Planning Commission has recommended approval of the zone map amendment from Multi- Family Residential to Commercial General. As a condition of approval recommended by the Commission, the property owner would be required to go before the Planning commission for site Plan review approval prior to commencement of any development on the property. Director Goeckritz stated that Residential single Family zone is located directly west of the parcels. A MUlti-Family residential zone could result in a higher density use than the proposed expansion of the motel. In addition, a site plan approval will require buffering between the motel property and the residential area. Ken Cobb, Pfeifer Construction representing the applicants, Page 3 - Council Meeting Minutes, January 10, 1994 If TAPE READING 1342 1369 1790 2050 - -, COUNCIL MEETING MINUTES January 10, 1994 stated that the site plans do include a 10 foot buffer plus a fence to reduce potential problems. Since no other individual wished to give testimony on this issue, the public hearing was declared closed at 7:46 p.m.. JENNINGS/FIGLEy.... approve the Planning Commission recommendation and request staff to prepare an ordinance with findings for approval. The motion passed unanimously. PUBLIC BEARING - APPEAL OP CONDITIONS OP APPROVAL - WESLEY SUBDIVISION. Mayor Kelley declared the public hearing open at 7:48 p.m.. Director Goeckritz read the required land use statement and reviewed the staff report (Exhibit 1). The Planning Commission had approved Wesley Subdivision, located on Landau Drive, with the condition that the roadway be improved to meet city standards, including storm sewer system, for the entire length of the existing half street improvement. The subdivision on the south side of the street originally dedicated 30 feet of right-of-way in which a 17 foot paved street was constructed at the time of the development. The Commission felt that a full street improvement should be constructed if the north side of the street is developed. Director Goeckritz also submitted into the record a petition submitted by property owners along Landau Drive in 1991 requesting the City to deny any building permits along the half street until such time as the half street is brought up to city standards (Exhibit 2). In addition, the City Council has gone on record in support of the full street improvement for fire, life and safety issues. Wes Toran, applicant, stated that he would agree to pave the half street (approximately 150 feet) up to Mr. Gee's property, who, at this time, is not willing to allow for the widening of the street. Helen Morrison, 1790 Landau Dr., stated that she has been a resident along the half street for 18 years and she opposed any development on the north side of the street until all improvements are made. She presented the Council with photos of the area to show the narrowness of the half street (opponent's Exhibit 1). Joan Garren, 1040 Wilson, stated that she had formerly resided at 1750 Landau Drive and agreed with Mrs. Morrison that the full street improvement should be required before north side property is developed. vic Garlock, 1750 Landau Drive, expressed his opposition to the development until such time as a full street is constructed citing fire and life safety as his major concern. No rebuttal was presented by the applicant. Mayor Kelley declared the public hearing closed at 8:07 p.m.. Councilor Jennings stated that he has viewed the area several times and he agreed with the south side property owners that Page 4 - Council Meeting Minutes, January 10, 1994 If - COUNCIL MEETING MINUTES January 10, 1994 TAPE READING it is difficult to back out of the driveways due to the narrowness of the roadway. He also expressed concern regarding the inability of fire and life safety vehicles to turnaround safely. Following a brief discussion by Councilors on the issue of access to the homes at the end of the half street by emergency vehicles, JENNINGS/HAGENAUER.... approve the conditions of approval as written and approved by the Planning Commission. The motion passed unanimously. 2161 FIGLEy/JENNINGS.... remove Council Bill 1506 from the table. The motion passed unanimously. COUNCIL BILL 1506 - RESOLUTION FINDING THE BUILDING LOCATED AT 199 N. FRONT STREET TO BE A DANGEROUS BUILDING (OLD BANK BUILDING). Councilor Figley introduced Council Bill 1506. The bill was read by title only since there were no objections from the Council. Director Goeckritz stated that a structural engineer from Salem is working on a design to stabilize the building and an architect in Kansas city is drafting the architectural plans. These individuals are diligently working to put a plan together that will pass the City & County's plan review process. Nora Fives, representing the property owner, stated that they are ready to proceed with the rehabilitation of the building once the plans are approved. Project funding is not a stumbling block for this project and masons from the Kansas City area who specialize in this type of masonry repair work are ready to come to Oregon as soon as the building permit process is completed. Based on the information within the staff report and the testimony from Ms. Fives, FIGLEy/JENNINGS.... retable the bill. The motion passed unanimously. 2401 COUNCIL BILL 1510 - RESOLUTION FINDING THE BUILDING LOCATED AT 347 N. FRONT STREET TO BE A DANGEROUS BUILDING (SALUD CLINIC). Council Bill 1510 was introduced by Hagenauer. Salud Executive Director Al Nunez submitted letters from Triplett Wellman Contractors, James G. Pierson, Inc. (structural engineering firm), Farmer's Home Administration which indicate that the building is not an immediate threat to the public from wind or rain damage in the short term and steps are being taken to secure a commercial property appraisal for the building since the Migrant and Indian Coalition has shown an interest in purchasing the building. JENNINGS/FIGLEy.... table Council Bill 1510. The motion passed unanimously. Page 5 - Council Meeting Minutes, January 10, 1994 - - COUNCIL MEETING MINUTES January 10, 1994 TAPE READING 2462 COUNCIL BILL 1511 - RESOLUTION CALLING FOR A SPECIAL ELECTION FOR A GENERAL OBLIGATION BOND IN THE AMOUNT NOT TO EXCEED 81.755.000 FOR A SWIMMING POOL COMPLEX. Council Bill 1511 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Flurry stone, Pool Committee Chairman, requested Council approval of the bill for the purpose of moving forward with the bond issue question. The amount of the issue would provide the maximum authority, however, it does not mean that the full amount will be used. The Committee is applying for grants and other fundraising activities are being planned to reduce the bond levy amount. Councilor Figley stated that the Committee is applying for outright grants and very low interest loans. In addition, they are sOliciting for on-going endowments to help offset operational and maintenance costs. Councilor Mitchell expressed his concern regarding the community's ability to pay for future indebtedness for wastewater, transportation, and expanded pool facilities. He also questioned what the city's debt limit is at this time. Tape 2 Administrator Childs stated that the debt limit is based on a percentage of the assessed value and is only applies to general obligation bonds. He did not have the exact figure available, however, he would have it calculated for Council information. Mr. stone stated that they will be pursuing a 1% loan program from the federal government as an alternative funding source. On roll call vote for final passage, Council Bill 1511 passed 4-1 with Councilor Mitchell voting nay. Mayor Kelley declared the bill duly passed. The Committee will soon be starting their first fundraiser which is a "Buy a Brick" program. 0086 COUNCIL BILL 1512 - RESOLUTION AUTHORIZING AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION FOR 1993-94 ANNUAL TRANSIT OPERATING ASSISTANCE GRANT. Council Bill 1512 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Public Works Manager Rohman stated that additional federal funds were being disbursed for this fiscal year, however, the state has elected to reduce their state contribution to support transit operations and provide the City with the same total grant allocation as in the previous year. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared the bill duly passed. Page 6 - Council Meeting Minutes, January 10, 1994 ". TAPE READING 0142 0170 0198 0217 0247 0267 - .- COUNCIL MEETING MINUTES January 10, 1994 COUNCIL BILL 1513 - RESOLUTION AUTHORIZING TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS WITHIN THE 9-1-1 FUND DURING FISCAL YEAR 1993-94. Councilor Hagenauer introduced Council Bill 1513. 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 bill duly passed. BID AWARD - VOICE LOGGING RECORDER FOR 9-1-1 COMMUNICATIONS. Bids for a digital voice logging recorder were received from the following vendors: Dictaphone Corp., $28,960.50; and Magnasync Corp., $31,175.00. Staff recommended the acceptance of the bid from Dictaphone Corp. HAGENAUER/FIGLEY... award the bid to Dictaphone Corp. in the amount of $28,960.50. The motion passed unanimously. OLCC LIQUOR LICENSE TRANSFER - LA LINDA'S (293 N. Front st). Application for a transfer of ownership license was requested by the current operators of the business who recently formed a corporation (La Linda's Incorporated). Police Chief Wright provided a staff report and recommendation to endorse the liquor license application with a one-year compliance plan. JENNINGS/FIGLEY... accept the Police Chief's recommendation and La Linda's Inc. liquor license be endorsed. The motion passed unanimously. TRANSFER OF DRUG FORFEITURE PROPERTY TO HUBBARD POLICE DEPT. In 1992, a 1978 Plymouth Van, valued $100, was seized and subsequently forfeited to the Police Department as part of a undercover drug operation involving several law enforcement agencies. Staff recommended that the van be transferred to Hubbard Police Department to be used for drug law enforcement purposes as allowed under the Oregon Forfeiture Law. JENNINGS/FIGLEY... transfer the 1978 Plymouth Van, Oregon License QeD-583, to the Hubbard Police Department as recommended by staff. The motion passed unanimously. CLAIMS - DECEMBER 1993. FIGLEy/GALVIN.... voucher checks 121080 - 21448 be approved for the month of December 1993. The motion passed unanimously. Joanne Bjelland questioned the Mayor and Council as to what can be done to keep an impasse on appointments from happening in the future. Attorney Shields stated the appointments are included in the Charter which was passed by a vote of the people. Amendments to the charter can be proposed either by citizens following the initiative petition process or the Council referring a Page 7 - Council Meeting Minutes, January 10, 1994 w - - COUNCIL MEETING MINUTES January 10, 1994 TAPE READING ballot measure to the citizens for a vote. Nancy Kirksey stated that an initiative petition process can be done but she requested the Council to expedite the process and refer the matter to the voters. She also stated that she had not heard one individual attending the past Council meetings to publicly state that the reappointment should not be made. 0383 STAFF REPORTS. The following staff reports were included in the agenda packet for the Council's information: (1) Issues for Council/Wastewater Advisory Committee workshop; (2) Preliminary population estimate for Woodburn; (3) Water service to resident on Blaine Street; (4) Legion Park picnic shelter; (5) Letter regarding United Way participation; (6) Completion of the 1992-93 Audit; and (7) Police Department Gang Activity Report for 1993. Public Works Director Tiwari referred to his memo regarding the upcoming workshop on wastewater facility planning. He stated that decisions need to be made that would accommodate the City over the next 20 years. Items to think about in preparation of this meeting include growth, the type of community envisioned for the future, and how it relates to the surrounding areas. Hopefully, some goals can be developed during the workshop which can be accomplished during this facility planning process. In regards to the water service at 1490 Blaine Street, Director Tiwari stated that service has been provided to this location for approximately 40 years even though it is outside of the city limits. The water line, which crosses another parcel of private property, is leaking and needs replacement. However, the other property owners are unwilling to grant an easement and have the line reinstalled at the current location. Another property owner to the south has agreed to allow the easement on their property along Aztec Drive but a reserve strip along Aztec is owned by Woodburn State Bank/Bank of America which included an improvement reimbursement agreement for a 10 year period that expires on May 21, 1994. Depending upon the outcome of negotiations between the property owner and the bank, the new line will be reinstalled once all easements have been agreed to by the parties involved. 0645 Councilor Mitchell requested that the Wastewater Advisory Committee be listed under Committee Reports at the beginning of the agenda so information on this important subject can be disseminated to the public on a regular basis. Page 8 - Council Meeting Minutes, January 10, 1994 - - COUNCIL MEETING MINUTES January 10, 1994 TAPE READING 0679 EXECUTIVE SESSION. JENNINGS/FIGLEY... adjourn into executive session under the authority of ORS 192.660(1) (i) for the purpose of evaluation of performance and compensation of the City Administrator. The motion passed unanimously. The Council adjourned to executive session at 8:55 p.m. and reconvened the meeting at 9:30 p.m.. 0706 COMPENSATION ADJUSTMENT FOR CITY ADMINISTRATOR. FIGLEY/MITCHELL... City Administrator's salary be established at $4,800 per month retroactive to his anniversary date of November 11, 1993. The motion passed unanimously. City Administrator Childs thanked the Council for their candid, positive, and helpful comments during the evaluation process and for their vote of confidence in his work. 0770 ADJOURNMENT . The meeting adjourned at 9:32 p.m.. APPROVED ~EN~~' MAYOR ATTEST 0~ Mary~nant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, January 10, 1994 111'