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Minutes - 02/14/1994 TAPE READING 0001 0010 0020 0047 0054 0083 ,.- - COUNCIL MEETING MINUTES February 14, 1994 DATE. COUNCIL CHAMBERS, CITY BALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 14, 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, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant MINUTES. JENNINGS/FIGLEy.... approve the Council minutes of January 24, 1994, February 1 and 2, 1994; and accept the Planning Commission minutes of January 27, 1994, the Recreation and Park Board minutes of January 31, 1994, and the Library Board minutes of January 26, 1994. Councilor Jennings stated that the minutes of January 24, 1994 should reflect that he was not in attendance at the meeting. The motion passed unanimously. ANNOUNCEMENTS. Mayor Kelley reminded the public that the st. Patrick's Day Parade will be held on Saturday, March 19, 1994. WASTEWATER ADVISORY COMMITTEE REPORT. Councilor Mitchell stated that a meeting would not be held this month, however, he urged local residents to contact their Councilors for input on the proposed facility and/or to attend the March meeting. PUBLIC HEARING - TAX COORDINATION PLAN FOR 1994-95. Mayor Kelley declared the public hearing open at 7:04 p.m.. Administrator Childs presented the staff report which summarized the Budget Committee's recommendation to present to the voters a total tax levy authority for operations in the amount of $2,886,931. This amount is 6% over the City'S current total tax levy authority and it would maintain parity with other local government taxing districts within Woodburn Page 1 - Council Meeting Minutes, February 14, 1994 li TAPE READING 0241 .- - COUNCIL MEETING MINUTES February 14, 1994 as long as they only increase their total tax levy authority by 6%. A breakdown of the total levy is as follows: Tax Base - $209,060; One-Year Operating Levy - $1,577,413; Library continuing Levy - $444,643; and Parks continuing Levy - $655,815. It was noted that this tax levy authority hearing relates only to taxes levied for operational purposes that are sUbject to the Measure 5 limitations. No one in the audience commented on this issue. Mayor Kelley declared the pUblic hearing closed at 7:10 p.m.. FIGLEY/SIFUENTEZ.... Council Bill 1510 be removed from the table. The motion passed unanimously. COUNCIL BILL 1510 - RESOLUTION FINDING THAT THE BUILDING LOCATED AT 347 N. FRONT STREET IS A DANGEROUS BUILDING (FORMERLY SALUD MEDICAL BUILDING). Council Bill 1510 was read by title only since there were no objections from the Council. councilor Figley stated that her purpose in removing the bill from the table was to receive a progress report on Salud's negotiations with the federal government. Al Nunez, Executive Director, stated that he is still waiting to hear on two grant programs (Economic Development lottery funds and Public Health service) for the funding of a new facility. Until arrangements are made for a new building, the Farmers Home Administration and Public Health Service will not give their approval for the sale of the building at 347 N. Front Street. Interest has been expressed by the Migrant & Indian Coalition to purchase the building and rehabilitate it for their use. If they purchase the building, at least one funding source is available to them for rehabilitation funds. He will also be contacting Chemeketa Community College to see if they might have an interest in the purchase and rehabilitation of the building for additional classroom space. He stated that it was his intention not to leave the property in the current condition or demolish it but to try and sell the building and have it rehabilitated. Councilor Mitchell questioned if there was anything the Council could do to assist him in forcing the federal government to take some action. Mr. Nunez stated that a letter of support from the Council may be necessary to work out some of the details with the State regarding the Economic Development Grant. Councilor Jennings expressed concern on the Council's continual retabling of this issue when private property owners have been required to make extensive repairs in a shorter period of time. He stated that he was willing to retable the bill for another 30 days but felt that something should be done at the end of that time period if no additional action has been taken by the federal government. Page 2 - Council Meeting Minutes, February 14, 1994 11 TAPE READING 0895 0922 0945 0972 ,- ""'" COUNCIL MEETING MINUTES February 14, 1994 JENNINGS/FIGLEy.... table Council Bill 1510 until March 14, 1994. The motion and second were withdrawn. Councilor Sifuentez suggested that the City send a letter to the federal agencies to give them notice of pending action. Mr. Nunez reminded the Council that the last structural engineer report did state that the building would probably not be dangerous to the public for a couple of years. Discussion was held on potential deterioration of the masonry due to the recent fire in the building adjacent to Salud. It was noted that the structural engineer's report was made prior to the fire. JENNINGS/FIGLEy.... table Council Bill 1510 until March 14, 1994. On roll call vote, the motion passed unanimously. COUNCIL BILL 1521 - RESOLUTION OP SUPPORT POR COMPLETION OP A TRANSPORTATION SYSTEM PLAN FOR THE CITY. Council Bill 1521 was introduced by Sifuentez. 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. COUNCIL BILL 1522 - RESOLUTION ENTERING INTO INTERGOVERNMENTAL AGREEMENT WITH THE STATE TO PROVIDE SAFETY BELT AND MOTORCYCLE HELMET LAW ENFORCEMENT. councilor Sifuentez introduced Council Bill 1522. The bill was read by title only since there were no objections from the Council. On roll call vote, Council Bill 1522 passed unanimously. Mayor Kelley declared the bill duly passed. COUNCIL BILL 1523 - RESOLUTION ENTERING INTO A CONTRACT AMENDMENT WITH CBEMEKETA COMMUNITY COLLEGE REGARDING CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE. Council Bill 1523 was introduced by Councilor Sifuentez. 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. COUNCIL BILL 1524 - ORDINANCE AMENDING ORDINANCE 1998 (CIVIL INFRACTION ORDINANCE). Council Bill 1524 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. Councilor Figley questioned what type of infractions are included in each class level. community Development Director Goeckritz provided the following examples: Class 1 - zoning and wastewater violations; Class 2 - vicious dog Class 3 - obnoxious vegetation Class 4 - solicitor's license Class 5 - animal ordinance and parking violations Page 3 - Council Meeting Minutes, February 14, 1994 11 TAPE READING 1065 1106 1138 1164 ",""'" ---. COUNCIL MEETING MINUTES February 14, 1994 It was noted that the amendment would only increase the assessment of a forfeiture for Class 3, 4, and 5. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1524 duly passed with the emergency clause. OLCC LIOUOR LICENSE RENEWALS FOR 1994. Chief wright's memo recommended the renewal of liquor licenses establishments in Woodburn with the exception of Don Juan's Mexican Restaurant since the owner{s) of the business were involved in illegal drug transactions on the licensed premise in 1992 and 1993. The following establishments are recommended for approval: AM/PM Mini Mart, Bi-Mart, Crossroads Deli, Gary's Market, Lind's Market, Lind's Plaza Market, OLCC store #60, Payless Drug store, Piper's Jewelry, Roth's IGA, Safeway, Salvadore's Bakery, Shop N Kart, 7-11 Store, westview Texaco, Woodburn Chevron, Young Street Market, Eagle's Lodge, Woodburn Elks, Abby's Pizza Inn, Izzy's pizza, Pizza Hut, Pub 99, The Raven Inn, Senior Estates Country Club, Woodburn Lanes, Chung Sing's Restaurant, The Pier, and Yun Wah Chinese Restaurant. It was noted that Chu's Eatery and La Linda's Tortillia were approved by the Council for 1994 within the last 2 months. JENNINGS/FIGLEy.... all the liquor license applications be approved with the exception of Don Juan's Mexican Restaurant. The motion passed unanimously. JENNINGS/FIGLEY... public hearing be held at the next regular Council meeting for Don Juan's Mexican Restaurant. The motion passed unanimously. BID AWARD - DUMP BODY FOR STREET SHOP TRUCK. Bids were received from the following vendors for a 5 to 6 cubic yard dump body: Commercial Body Builders, Inc., $9,985.00; Columbia Body & Equipment Co., $10,385.00; and Coast Crane & Equipment Co., $10,393.00. Staff recommended the acceptance of the second lowest bid since the low bid did not meet specifications. It was noted that the manufacturer of the dump body proposed by the low bidder does provide the crossmembers as an option, however, the bidder chose not to offer this option on the bid. JENNINGS/FIGLEy.... award the bid as recommended by staff to Columbia Body & Equipment Co. in the amount of $10,385.00 and reject the bid from Commercial Body Builders Inc.. The motion passed unanimously. CLAIMS FOR THE MONTH OF JANUARY 1994. SIFUENTEZ/GALVIN... approve voucher checks #21449 - 21767 for the month of January 1994. The motion passed unanimously. Betty Stuchlik, 938 Oregon Way, stated that she lives near the Hwy. 214/0regon Way/country Club Rd. intersection and a public hearing is scheduled before the Planning Commission on site Page 4 - Council Meeting Minutes, February 14, 1994 'Ii - ......". COUNCIL MEETING MINUTES February 14, 1994 TAPE READING plan review of a sandwich shop to be located in that area. She questioned the distance in which residents are automatically sent a public hearing notice on actions before the Planning Commission. community Development Director Goeckritz stated that developers are required to provide the City with a certified list from the Title Company of property owners within a 200 foot radius of the proposed development. other individuals interested on specific projects can notify the Planning Department and hearing notices will also be sent to them when a hearing is scheduled on that project. In regards to this particular proposed development, he stated that a developer has the right to file for site plan review at anytime and they have a right to a hearing. Since a public hearing is scheduled for February 24th, he did not wish to discuss the issue in much depth and jeopardize the land use hearings process. However, he did state that the site plan has 2 different proposals and the Commission will be looking at alternatives. The Councilors expressed concern over not being kept informed on this issue since the area in question is part of the proposed realignment project. They questioned why an executive session had not been called earlier to provide them with updated information on a proposed real property transaction that would affect this area. Administrator Childs stated that he had planned on scheduling an executive session for the first meeting in March at which time Public Works Director Tiwari would be back to discuss this issue with the Council, however, he would schedule an executive session for an earlier date if necessary. Councilor Jennings suggested that the Planning Commission delay their public hearing until such time as the Council has an opportunity to hold an executive session on the real property negotiations. In regards to posting of public hearing notices, Mayor Kelley suggested that signs placed in the affected area notifying the public of the scheduled hearing be enlarged so more people will take notice that something is happening in their area. Attorney Shields advised the Council that the city has 120 days after filing of a land use application to complete the hearing process. He stated that an executive session can be held to discuss negotiations of real property but it would not have a bearing on the land use issue before the Planning commission. The site plan hearing will review the proposed development and the Commission will establish any conditions that they feel are necessary prior to the actual development of the property. At this point, the Planning Commission could 1) re-notice the public hearing for another date, or 2) open the public hearing on February 24th and continue the hearing until after the Council meets in an executive session regarding the negotiation of real property. Page 5 - Council Meeting Minutes, February 14, 1994 11 ,- ""'" COUNCIL MEETING MINUTES February 14, 1994 TAPE READING A brief discussion was held regarding options presented by City Attorney Shields and it was the consensus of the Council to have the Planning commission open the hearing on February 24th with the hope that the hearing would be continued until a later date. 1754 1782 1950 SITE PLAN ACTIONS. Information was provided in the Council packet relating to the following site plan actions approved by the Planning commission: 1) Oregon Golf Association Maintenance Facility; and 2) Park Department utility Building & Office complex. No action was taken by the Council on either site plan action. STAFF REPORTS. The following staff reports were included in the packet: 1) Administrator goals and accomplishments; 2) City bonded indebtedness limits; 3) Charter amendment/follow-up election of appointed Council member; 4) Memorandum Opinion concerning connection fee subsidy; 5) Cooperative pedestrian circulation study for Woodburn High School; and 6) Building Activity report for 1993. Councilor Jennings referred to the staff report on the charter amendment issue and stated that he felt that he had received sufficient information within the Administrator's memo not to pursue a charter amendment at this time. Councilor Figley stated that she did not want to spend City tax dollars for a special election, however, she was still concern about citizen representation by an un-elected representative. Councilor Figley expressed her desire to see a forfeiture or vehicle towing ordinance of uninsured vehicles before the Council in the very near future. Administrator Childs stated that a draft ordinance is at the staff level for discussion and he hopes to have it ready for the next Council meeting. In regards to notifying property owners of upcoming public hearings in their area, Councilor Figley questioned staff as to whether an expanded notice area should be considered if there is an impact within a neighborhood area. Administrator Childs stated that the City could impose more stringent requirements, however, his concern that there would be consistency in how those requirements are imposed and the definition of significant impact. Director Goeckritz also stated that expanding the requirements under certain conditions would call for some subjectivity and it is very important on land use actions that the City be consistent. Page 6 - Council Meeting Minutes, February 14, 1994 11 - ....... COUNCIL MEETING MINUTES February 14, 1994 TAPE READING Councilor Jennings stated that he had seen a street employee sweeping the sidewalk in front of the Salud building, which at the time, felt that the City should be doing maintenance work other than sweeping sidewalks. He later found out that the employee was sweeping leaves out from the doorway area as part of the leaf pick-up program. He suggested that if the City is required to sweep the sidewalks in front of businesses, then the businesses be billed for the work being performed by employees. He also stated that he had received several complaints about basketball boards that are facing the street and kids are using the streets as the court area. He requested the Administrator to look into this dangerous situation and, if it is illegal, the Code Enforcement Officer to take appropriate action. Lastly, Councilor Jennings suggested that, if possible, gas tax dollars be used to install a storm drain system in the alley way between Garfield and Grant streets. Councilor Sifuentez advised the Council that she had visited with councilor Hagenauer before the meeting and that he is looking quite well following his recent surgery. Mayor Kelley stated that he had approached the downtown business owners in that area in the past regarding the drainage situation. They were willing to work towards the installation of a storm drain system but unwilling to assist in the payment of costs. Mayor Kelley encouraged public participation in the st. Patrick's Day parade which is scheduled for March 19th. 2489 ADJOURNMENT. The meeting was adjourned at 8:18 p.m.. APPROVED~ ~ EN KELLEY, MAYOR ATTEST ;11~---r;:~d- Mary nnant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, February 14, 1994 'If