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Minutes - 01/25/1993 1'-'.., - COUNCIL MEETING MINUTES January 25, 1993 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CfIY HALL, CfIY OF WOODBURN, COUNlY OF MARION, Sf ATE OF OREGON, JANUARY 25, 1993. 0003 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 Arntzen Figley Galvin Hagenauer Jennings Sifuentez Present Present Present Present Absent Absent Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Finance Director Gritta, Park Director Holly, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant 0019 MINUfES. Mayor Kelley requested that the Council consider amendments to the Council minutes of January 11, 1993 RE: Appointments and January 18, 1993 RE: opening statement by the Mayor. FIGLEy/SIFUENTEZ.... approve the Council minutes of January 11 and 18, 1993 with the amendments and accept the Planning Commission minutes of January 14, 1993. The motion passed unanimously. A copy of the amendments to the Council minutes are attached for reference. 0054 BUDGET COMMfITEE APPOINTMENT. Mayor Kelley appointed Virginia Williams to the Budget Committee with her term expiring December 1995. A resume which included general information on Mrs. Williams was included in the agenda packet for the Council's review. She was also in attendance at the meeting to answer any Council questions. FIGLEy/ARNTZEN.... approve the appointment of Virginia Williams to the Budget Committee with her term expiring December 1995. The motion passed 3-1 with Councilor Galvin voting nay. Page 1 - Council Meeting Minutes, January 25, 1993 1: TAPE READING 0109 0129 0165 0207 0250 - -- COUNCIL MEETING MINUTES January 25, 1993 Mayor Kelley reminded the Council and general public of the following meeting dates: (1) Budget Committee meeting, January 26, 1993, 7:00 p.m., Woodburn City Hall. This meeting has been advertised as the first public hearing date on the proposed 1993-94 City Budget; (2) Transportation Task Force meeting, January 26, 1993, 7:00 p.m., Woodburn Public Library; and (3) Cable Access Advisory meeting, February 10, 1993, 7:00 p.m., City Hall. CHAMBER OF COMMERCE REPORT. Dr. Scott Nehring, representing the Chamber Board of Directors, reminded the Council of the Distinguish Service Award Banquet to be held on February 10, 1993 at the Woodburn Methodist Church. In addition, he encouraged the public to participate in McDonald's Night on February 3rd. All proceeds between the hours of 6:00 pm and 9:00 p.m. will be donated to the Rotary towards the Centennial Park ballfields. WOODBURN COMEBACK CAMPAIGN. Councilor Figley briefly reviewed a list of activities in which the group is involved with such as July 4th Picnic & Fireworks, Love Santa Program, Spring Clean-up, and walks in the Downtown area. She encouraged local citizens to let the group know of any other ideas that would enhance the work being done by the committee. LETfER FROM WOODBURN ROTARY RE: MCDONALD'S NIGHT FOR CENfENNIAL PARK BASEBALL FIElDS. A letter from Kirk Schrnidtman, representing the Woodburn Rotary Club, encouraged the Mayor and Council to attend McDonald's Night for Centennial Park on Wednesday, February 3rd, at which time owner Mindy Smith has agreed to provide a percentage of store sales towards the accumulation of money to construct youth baseball fields at Centennial Park. In addition, the Rotary Club is selling raffle tickets for a Mexican Cruise with proceeds also to be used towards the baseball fields. LETfER RE: K-MARTIBI-MART TRAFFIC SIGNAL AT SHARED ACCESS TO HIGHWAY 214. A letter from Attorney Bob Engle, representing W.W.D.M. Properties, was submitted to the Council for their information. Attorney Engle requested the Council to reopen the public hearing on the traffic signal issue in order to submit reasons as to why the traffic signal should be placed at Progress Way rather than the shared access point as proposed. Page 2 - Council Meeting Minutes, January 25, 1993 'IT' TAPE READING 0277 0370 0560 0614 - -., COUNCIL MEETING MINUTES January 25, 1993 PRESENTATION TO JANICE ZVRYANOFF FOR SERVICE ON UBRARY BOARD. Mayor Kelley presented a plaque to Janice Zyryanoff for her service to the community as a Library Board member. Mrs. Zyryanoff expressed her appreciation for the opportunity to serve on the Board. She commended the Library Director and staff on the work being done to provide a excellent library service within their budgetary limitations. She also requested that during the budget review process, the Committee establish a schedule that will provide board members adequate time to prepare for presentation of their respective budgets and that the Committee listen to comments on that particular evening rather than holding their budget presentations over to another meeting date. Mike Campbell, representing Miller Farm Subdivision developers, provided the Council with a picture of the decorative street lights proposed within the subdivision along with their setback proposal for placement of the lights near the trees. He stated that the developers are willing to purchase the street lights at a cost of approximately $25,000. He requested that the Council act on their request as soon as possible since the light poles need to be ordered through Portland General Electric and it may be another 6-8 weeks before the poles are available for installation. Councilor Figley stated that she had been concerned on the safety standards since the pole is shorter than the normal utility pole. In addition, she did not feel that the City should bear any extra cost for the decorative poles. The staff will prepare a informational memo on the current proposal for Council's review at the next meeting. Allen Ketchum, owner of the train depot located in Mt. Angel, expressed his appreciation to the Council, staff, and Train Committee for their willingness to listen to his proposal to move Engine 1785 to Mt. Angel for a six-month period. Letters from the Mt. Angel Chamber of Commerce and their City Administrator had been received in support of the proposal as part of Mt. Angel's Centennial celebration. He stated that they had decided not to follow through on the proposal this year, however, he will continue to work towards that same goal next year. COUNCIL BILL 1448 - ORDINANCE CREATING mE CABLE FRANCHISE MANAGEMENT FUND. Council Bill 1448 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 Arntzen questioned if revenues within this fund would be dedicated funds for Cable 1V public access programming. Administrator Childs stated that creation of this special revenue fund would restrict the use of cable 1V funds received by the Page 3 - Council Meeting Minutes, January 25, 1993 r lr TAPE READING 0762 1111 .- - -." COUNCIL MEETING MINUTES January 25, 1993 City pursuant to the Northland Cable 1V franchise ordinance. In addition, it would dedicate 20% of cable 1V franchise fees collected to be placed into the Cable Franchise Management Fund to provide financial support for the public access program and for general management and oversight of Cable 1V franchise fees. On roll call vote for final passage, Council Bill 1448 passed unanimously. Mayor Kelley declared the bill duly passed. UTIIJ1Y SERVICE CONNECTION ON lAUREL AVENUE. Public Works Director Tiwari reviewed the staffs recommendation which would approve the property owner's request to connect to city water and sewer service via Landua Drive. In return, the property owner would be required to sign a non- remonstrance consent form for future improvements to Laurel Avenue. The property owner would also be subject to the following conditions: (1) when services are available on Laurel Ave., the Landau Drive connection would be removed and installed on Laurel Ave. at the owners expense; (2) the existing septic system shall be abandoned as per state regulations; (3) water service shall have an approved backflow device until the existing well is abandoned per state regulations; and (4) owner shall dedicate to the city a 30 foot wide strip of land adjacent to Landau Drive for future widening of the existing 1/2 street. David Campbell, owner of 1725 Landau and 1702 Laurel Ave., objected to the proposed service connections since he had asked for a similar request of the City several years ago and was denied due to the limited capacity of the Landau Drive service lines. Public Works Director stated that his department's policy has not changed in that service would be available to existing structures but not for new structures. Mr. Campbell stated that the existing service line does not have the necessary degree of drop in order to accommodate additional structures. Director Tiwari stated that the City is not responsible for the service line to the main line. The existing 8" main line could handle existing structures even though it is fairly shallow in that particular area. A property owner may need to install a pump system on their service line in the event there is a flow problem to the main line. W.W. Morrison, 1790 Landau Drive, stated that he has lived there for 17 years and has been told repeatedly that Landau Drive can not handle anymore hook-ups. He stated that it was unfair to the property owners on Landau Drive who are not allowed to subdivide their property in order to build new structures when a property owner who did not pay any costs towards the initial installation of the main line is allowed to connect. He also felt that the City should have given the property owners on Landau Drive advance notice of this pending issue to allow more public input on the request. Page 4 - Council Meeting Minutes, January 25, 1993 lr TAPE READING 1718 1770 2118 2395 ,- - - COUNCIL MEETING MINUTES January 25, 1993 Councilor Figley questioned the status of the Laurel Avenue improvements. Director Tiwari stated that any water and sanitary sewer improvements to Laurel Avenue would be the responsibility of the benefitted property owners through a local improvement district. David Campbell questioned if 1690 and 1700 Laurel Avenue shared the same well. Director Tiwari stated that he was not aware of any property transaction. He also stated that the structure on 1690 Laurel does have an existing water well and septic tank. Mayor Kelley suggested that this issue be tabled for further consideration by the Council. FIGLEy/ARNTZEN.... table until the next regular meeting. Property owners on Landau Drive in the area of the proposed connection are to be notified of the meeting date and time. The motion to table passed unanimously. Pete Grigorieff, representing Northland Cable 1V, stated that the educational equipment is now in and 11 teachers have been trained to use the new system. John Taylor, representing the Oregon Railway Historical Society, stated that if Locomotive 1785 was loaned to Mt. Angel, it would require an inspection before it is moved. Even though the proposal by Mr. Ketchum has been withdrawn, the Committee would like to have the inspection done anyway in the event the train is moved next year. The inspection will cost approximately $750.00 and he requested that the City provide the necessary funds for this inspection. The Committee still hopes that the locomotive will be used periodically as an excursion train to Silverton. Mr. Ketchum stated that time constraints was one reason for the withdrawal of his proposal along with the need for an inspection. LEAD AND COPPER WATER TESf RESULTS. Public Works Manager Rohman advised the Council that the City's water supply has passed the first six-month test for monitoring lead and copper as mandated by EPA. The result for lead was .004 parts per million (PPM) while the lead limit was .015 PPM. The result for copper was below the detection limit of the test while the maximum limit was 1.3 PPM. There were two homes within the City that exceeded the lead limit and letters were sent to them advising them how to reduce their potential exposure to lead in the water. A second set of 60 samples will be taken during January 1993 and June 1993. MILLER FARM SUBDIVISION UGHTING. Public Works Director Tiwari stated that if the developers are willing to pay for the decorative poles, then there should be no problem with allowing the installation of Page 5 - Council Meeting Minutes, January 25, 1993 r r TAPE READING 2670 Tape 2 0065 0098 0134 .- ,'- -., COUNCIL MEETING MINUTES January 25, 1993 the poles. The initial proposal by the developers would require the City to pay costs up front with reimbursements to be made by the Homeowners Association. Councilor Arntzen expressed concern regarding discussions between the City and members of the Homeowners Association in West Woodburn. He stated that the Homeowners Association has called for a meeting in which they want to dissolve the association and give the existing sewer system back to the City. Public Works Director Tiwari stated that the area involved is the original mobile home park and a few years ago the City had installed a new water system for the residents in which each resident would have separate meters rather than being on one meter for the whole park. The sewer system issue is a separate problem and that the staff has not determined if the Association's proposal would be acceptable. In any event, the City could not accept any easements which would be located under a mobile home. Councilor Arntzen also stated that he had talked to the Chamber of Commerce regarding his Smoke-Free proposal. Additionally, there is legislation pending which would make Salem a smoke-free location. Councilor Sifuentez questioned the City's ability to pass an ordinance on this issue. Attorney Shields stated that he is willing to pursue the topic, however, there is a fine line on an individual's constitutional rights and the jurisdiction of State versus City. Mayor Kelley suggested that local stores be contacted to assist the City in distribution of the proposed monthly newsletter. He reiterated the need for the newsletter in order to lessen the credibility gap between the City and general public. City Administrator Childs stated that he had received the written resignation of Communications Manager Ed Rector effective January 31, 1993. He stated that the dispatch center will operate as usual with Police Chief Wright to be given administrative authority regarding daily operations. EXECUTIVE SESSION. FIGLEY/SIFUENTEZ... adjourn to executive session under the authority of ORS 192.660(1)(h) to discuss current litigation concerning Emanuel Hospital. The motion passed unanimously. The Council adjourned to executive session at 8:36 p.m. and reconvened at 9:34 p.m.. Page 6 - Council Meeting Minutes, January 25, 1993 lr - ,- COUNCIL MEETING MINUTES January 25, 1993 TAPE READING 0150 Mayor Kelley stated that the Council had made no decision and is not taking any specific action on the item discussed in Executive Session. 0160 ADJOURNMENT. The meeting adjourned at 9:35 p.m.. APPROVED ~ ~ LEN LEY, MAYOR ATIEST 11~ ~ Mary ennant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, January 25, 1993 r ....... TO BE INSERTED AFTER ORDINANCE 1971, PAGE 2 OF 3A OF JANUARY 11, 1993 COUNCIL MEETING MINUTES, UNDER BUDGET COMIUTTEE APPOINTMENTS, BECAUSE OF THE MALFUNCTION OF TAPE RECORDER (AS MENTIONED ON PAGE 1 OF 3A OF COUNCIL MEETING MINUTES MENTIONED ABOVE). The city Charter, city Ordinance 1971 and precedent, that had been set by the City Council, clearly states that it is the responsibility of the individual councilors to contact the Mayor prior to any meeting, at which the appointments are to be made public, with any comments, objections, etc. that said councilor may wish to convey. In order to avoid possible embarrassment to the appointee. Proposed appointments will not be made public prior to approval at a properly convened council meeting. Mayor Kelley made it clear that no communications were made to him by any councilors in regard to any appointments he made. Mayor Kelley also reminded the Council of their refusal to his request of postponing appointments made at the November 23, 1992 meeting for the sole purpose of giving the Mayor Elect Kelley time to become acquainted with the appointees. Then Mayor Kelley commented that this certainly appears to be a double standard of which he will not condone or be a part of. TO BE INSERTED AT THE END OF THE FIRST PARAGRAPH OF PAGE 1 OF 3A OF THE COUNCIL WORKSHOP MINUTES OF JANUARY 18, 1993 AFTER THE WORD IISTAFFII. And that is was open to the public and will be recorded. No decisions of votes will be made or taken and no testimony will be taken from the public. This is on the advice of the city Attorney, Robert Shields.