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Minutes - 02/28/1994 TAPE READING 0001 0010 0022 0032 0065 - COUNCIL MEETING MINUTES February 28, 1994 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF HARION, STATE OF OREGON, FEBRUARY 28, 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 Absent Present Present Present staff Present: City Administrator Childs, city Attorney Shields, Community Development Director Goeckritz, Police Chief Wright, 9-1-1 Director Wolf, Finance Director Gritta, Public Works Manager Rohman, City Recorder Tennant MINUTES. JENNINGS/FIGLEy.... Council minutes of February 14, 1994 be approved as written. The motion passed unanimously. ANNOUNCEMENTS. A Woodburn Downtown Association (WDA) townhall meeting will be held on March 9, 1994, 7:00 p.m., in the City Hall Council Chambers for the purpose of receiving citizen input on potential amendments to the Downtown Historic District zoning regulations. Mayor Kelley reminded the public that the st. Patrick's Day Parade is scheduled for Saturday, March 19th, and he encouraged local citizens and groups to participate in thts first annual event. Barbara Lucas, 214 E. Clackamas CI., expressed concern over conflicting information in the local newspapers (Woodburn Independent and Statesman Journal) as to the estimated rate per $1,000 assessed value to property owners if the swimming pool bond issue is approved by voters. She stated that one report indicated that the estimated cost was $.35 per $1,000 while another article indicated $28.79 per $1,000. She suggested that the Council clarify what the costs may be since there has not been much discussion on this issue and the voters should be aware of the correct projected cost before they cast their votes. Councilor Figley stated that if the full bond issue of $1,765,000 is levied, then the estimated property tax rate per $1,000 assessed value is $.35 based on a 15-year bond issue. Page 1 - Council Meeting Minutes, February 28, 1994 1'" TAPE READING 0177 0400 0467 - - COUNCIL MEETING MINUTES February 28, 1994 Based on information obtained during the last federal population census, the average assessed value is $80,000, therefore the annual property tax payment would be around $28.00. PUBLIC HEARING - 1994 OLCC LICENSE RENEWAL: NEW CLUB CAFE (also known as Don Juan's Mexican Restaurant). Mayor Kelley declared the public hearing open at 7:09 p.m.. Police Chief Wright reviewed the staff report which outlined the types of activities which have taken place at the restaurant which is located at 553 N. Front street. He recommended that the Council submit a negative endorsement to OLCC for the 1994 renewal based on (1) the activities occurring at the location, (2) guilty pleas in Federal Court on illegal drug activities by Juan Ruiz and Floyd Ruiz (son and employee), and (3) Aurora Ruiz was at the licensed premise when many of the illegal drug transactions were taking place. No one in the audience spoke either for or against the license renewal. The public hearing was declared closed at 7:15 p.m.. FIGLEy/JENNINGS.... recommend denial of the liquor license to OLCC. Staff requested that the motion be clarified to include the location of the establishment. The motion and second were withdrawn. FIGLEy/JENNINGS.... recommend against the 1994 OLCC license renewal for the business located at 553 N. Front Street operated by Juan & Aurora Ruiz. The motion passed unanimously. JENNINGS/FIGLEy.... remove Council Bill 1506 from the table. The motion passed unanimously. Nora Fives, representing the property owner, stated that the County will not issue a permit until the building is brought up to code requirements in all areas. Therefore, she is researching the possibility of including it on the National Historic register in order to waive certain code requirements and rehabilitate the building. After a brief discussion on the issue, JENNINGS/FIGLEY... retable the bill until the first meeting in March. The motion passed unanimously. COUNCIL BILL 1525 - ORDINANCE REGULATING BASIC SERVICE TIER RATES AND RELATED EOUIPMENT. INSTALLATION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY. Council Bill 1525 was introduced by Councilor Sifuentez. 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 1525 duly passed with the emergency clause. Page 2 - Council Meeting Minutes, February 28, 1994 1'" TAPE READING Mil 0898 0920 - ,..,~ COUNCIL MEETING MINUTES February 28, 1994 COUNCIL BILL 1526 - RESOLUTION ENTERING INTO AGREEMENT FOR ENGINEERING SERVICES WITH DKS ASSOCIATES TO EVALUATE PEDESTRIAN CIRCULATION NEAR WOODBURN HIGH SCHOOL. Council Bill 1526 was introduced by Sifuentez. The bill was read by title only since there were no objections from the Council. Councilor Mitchell questioned the need for hiring an engineering service to perform the study. Public Works Manager Rohman stated that the City and School District have been concerned for some time with the pedestrian movement to reach the high school and the large number of students crossing Highway 214. Discussions between the State Highway Department, Woodburn School District, and the City have resulted in a proposed study to evaluate pedestrian movement and recommend a solution to the problem. Consulting fees are estimated at $6,150 and would be shared equally by the City and School District. Discussion was held regarding the need for a consulting service when alternatives could be reviewed by staff with a recommendation presented to the Council and School District. Some Councilors did not view this project as being of such technical nature that outside consultants were necessary and funds not expended for this service could be used towards whatever project is agreed upon to make the pedestrian area safer for the students. Administrator Childs stated that a prior City Transportation Capital Project list did include a pedestrian overpass for that area. He also stated that the cheapest solution may not be the best and obtaining the services of a consultant who has worked with other schools on this type of issue will help the City to identify the problem and come up with a solution for future planning purposes. On roll call vote for final passage, the bill failed 1-4 with Councilors Mitchell, Figley, Jennings, and Galvin voting nay. BID AWARD - HYDRAULIC SHORING SHIELD (STREET SHOP). Bids for a set of hydraulic shoring shield and temporary end shields were received from the following companies: The Plank Company, $6,606.56; Road MaChinery Inc., $7,719.25; and Senter Tool Service, $8,556.00. JENNINGS/FIGLEy.... accept the low bid from The Plank Company in the amount of $6,606.56 for hydraulic shoring shields. The motion passed unanimously. LIOUOR LICENSE APPLICATION - EL NOPAL RESTAURANT. 333 N. FIRST STREET. Police Chief wright reviewed his staff report which recommended the endorsement of a restaurant license to the applicant, Dora Rivas, with the conditions as stated in the Letter of Intent from the applicant. A letter from the Downtown Association was also included in the report stating that they would not object to the issuance of the liquor Page 3 - Council Meeting Minutes, February 28, 1994 T TAPE READING 0957 0991 1027 - COUNCIL MEETING MINUTES February 28, 1994 license provided that the conditions were made a part of the license. JENNINGS/FIGLEy.... approve the endorsement of the restaurant liquor license application for El Nopal Restaurant with the conditions agreed to by the owner, Dora Rivas. The motion passed unanimously. "NO PARKING" REQUEST ON W. HAYES STREET NEAR SETTLEMIER AVENUE. To relieve traffic congestion at this particular intersection, staff recommended that parking be restricted on both sides of the north portion of the triangle area (approximately 100 feet) to the west. FIGLEy/SIFUENTEZ.... approve the request to install "No Parking" signs on both sides of the north leg of West Hayes Street triangle from Settlemier to approximately 100 feet to the west. The motion passed unanimously. REQUEST FOR USE OF SOUND AMPLIFICATION EQUIPMENT. A letter was received from the Swimming Pool Political Action Committee requesting permission to utilize a sound amplification device to promote passage of the upcoming swimming pool bond measure. SIFUENTEZ/FIGLEy.... grant the request from the swimming Pool Political Action Committee to use a sound amplification device on March 12, 1994 and restrict the hours of usage from 8:00 am to 5:00 p.m.. The motion passed unanimously. CLARIFICATION OF INSURANCE COVERAGE FOR THE ST. PATRICK'S DAY PARADE. Administrator Childs stated that the City had received a letter from our Insurance Agent of Record requesting clarification of the extension of coverage. At a prior special Council meeting, the Council had granted an extension of the coverage, however, they did not wish to be a sponsor of the event. Councilor Jennings stated that he had discussed this issue with Dan Glennon, Parade Chairman, who agreed that the Parade Committee should not be an "agent" of the City and coverage for that purpose should not be extended to the Committee. It was noted that coverage would still be extended for the event just like any other parade that is held within the City. Mayor Kelley read a statement to the Council urging them to extend the coverage to the Committee. He stated that it would cost approximately $750 to obtain insurance and he felt that the City should extend the coverage in order to keep the costs of this community event at a minimal level. The City has the necessary insurance and extending the coverage to the Committee would not be an additional insurance cost. He also stated that Drums of Fire was granted an extension of the city's coverage the first year it was held which set a precedent for future community events. since the event would Page 4 - Council Meeting Minutes, February 28, 1994 .". TAPE READING 1598 1817 - COUNCIL MEETING MINUTES February 28, 1994 be controlled by the police and public works, he felt that this event would be no different than other civic group using city streets. councilor Jennings stated that the Drums of Fire, Inc., has purchased their own insurance for at least two years because they did not feel that the City should be held completely responsible for activities sponsored by their organization. Attorney Shields briefly discussed liability insurance and legal situations that could name the City as a party in a lawsuit that was separate from the parade but part of an event in conjunction with the parade. JENNINGS/FIGLEY... based on the words of the Parade Committee Chairman, deny agency status and the City not extend insurance coverage to cover the Committee. Mayor Kelley expressed his opinion that citizens should be able to utilize the City's liability insurance for community events. Attorney Shields stated that clarification of the Council's intent on extending coverage was necessary so that volunteers organizing the parade are aware of potential liabilities. On roll call vote, the motion passed 4-1 with Councilor Sifuentez voting nay. STAFF REPORTS. 1) statewide Transit Improvement Plan meeting, March 9, 1994 - Councilor Jennings encouraged attendance of staff, Mayor and council, Business owners, and interested members of the public to discuss the need for improvements on Highway 214. At this point in time, Woodburn is not included on ODOT's 4-year plan and extensive lobbying is necessary to gain ODOT's attention to the traffic problems in Woodburn. The format has been changed and individuals can personally speak with a Commissioner or ODOT official. The State officials will be at the meeting site in Stayton between 4:00 p.m. and 8:00 p.m. to conduct an informal "open-house" style of hearing and yet have another process at the hearing in which formal testimony can be received by ODOT. Public Works Manager Rohman reiterated that lobbying by the business community and interested citizens does have an impact on how soon projects are funded by ODOT. He stated that arrangements can be made to transport a limited number of interested individuals to the meeting. 2) Draft Towing Ordinance - Councilor Figley expressed her appreciation to the staff in providing a progress report on this issue. 3) Deferred Police Response (DPR) Staff Report/Evaluation. 4) Basketball Hoops in Public Right-of-way -- Staff will continue research on this issue and a report brought back to the Council at a later date. Discussion was held on the need to have an enforcement tool in which to require the removal of the basketball hoops from within the public right-of-way. In Page 5 - Council Meeting Minutes, February 28, 1994 r TAPE READING 2468 2547 2644 2647 2679 ATTEST - -- COUNCIL MEETING MINUTES February 28, 1994 regards to traffic laws, Chief Wright stated that it is illegal for individuals to block traffic (Class A Misdemeanor). Mayor Kelley suggested that in neighborhoods where basketball hoops are a problem, the neighbors discuss the situation and find a solution to the problem. Councilor Jennings stated that the individual who had requested Council assistance with this situation had already tried to get the property owner to remove the basketball hoop from within the public right-of-way. 5) Servicenter report -- under new ownership and a new agreement may be submitted to the Council for their consideration. In addition, plans are being made to also set up a collection box at Lind's Plaza Market for utility payments. 6) Filing Period for Mayor and Council positions - March 4, 1994 through August 30, 1994. 7) Proposed Constitutional Amendment/Tax Limitation -- Summary report on proposed state-wide measure. councilor sifuentez commended the Mayor on his efforts to organize the st. Patrick's Day Parade and encouraged Councilor's to take part in the event. Councilor Mitchell stated that, based on information submitted to him by Preston Tack, he suggested that more effort be made to let citizens know what is happening within city government for the purpose of encouraging public participation. Mayor Kelley stated that he strongly beleives that citizen involvement is necessary within the community and he will continue to strive for Woodburn as the City of unity rather than letting it deteriorate. EXECUTIVE SESSION. JENNINGS/FIGLEy.... adjourn to executive session to conduct deliberations with persons designated by the governing body to negotiate real property transactions under the authority of ORS 192.660(1) (e). The motion passed unanimously. The Council adjourned to executive session at 8:20 p.m. and reconvened at 8:56 p.m.. Mayor Kelley stated that no decision would be made by the council following the executive session. ADJOURNMENT. FIGLEy/SIFUENTEZ.... adjourn the meeting. The motion passed unanimously. The meeting adjOUrned~at 8:57 p.m.. APPROVED _____~~ fYI a.u...L ~ LE KELLEY, YOR Ma~nant, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, February 28, 1994 ~