Loading...
Minutes - 02/22/1993 - """"" ...-,. COUNCIL MEETING MINUTES February 22, 1993 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 22, 1993. 0003 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. 0013 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kelley Arntzen Figley Galvin Hagenauer Jennings Sifuentez Present Present Absent Present Present Present 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, Public Works Manager Rohman, City Recorder Tennant 0025 MINUTES. JENNINGS/ARNTZEN.... approve the regular and executive session Council minutes of February 8, 1993. The motion passed unanimously. 0059 The Transportation Task Force will meet on February 23, 1993, 7:00 p.m., at the Woodburn Public Library. 0073 CHAMBER OF COMMERCE REPORT. Patrick Vance, Chamber Board member, reminded the Council that the next Chamber forum will be held on March 17th, 12:00 noon, at the Elks Lodge with the guest speaker being Administrator Childs. He also informed the Council that the Distinguished Service Award (DSA) Banquet was successful with over 200 guests in attendance and that over 45 students from Woodburn and North Marion High Schools participated in this year's Student Shadow program. Page 1 - Council Meeting Minutes, February 22, 1993 I1r -. - .--." COUNCIL MEETING MINUTES February 22, 1993 TAPE READING Q.11Q INTRODUCTION - POLICE EXPLORERS/CADETS. Officer Jim Seeley briefly reviewed the Cadet Program which includes training in such areas as rules and regulations, operational standards, building searches, firearms, and traffic control. The Cadets also participate in numerous community service programs by assisting in various areas such as crowd control and traffic control. Cadets currently with the department are Jason Hess, Ericka Rocha, Dan Hanish, and Angel Carrasquillo. Chief Wright and Mayor Kelley presented cadet badges to the following individuals: Martha Baily, Lisa Bowar, Jason Freauf, David Harnsberger, Corey Howe, Kevin Neal, and Mandy Prottratz. 0224 Philip Hand, 970 N. Cascade Dr., presented a petition to the Council which was signed by over 300 local citizens in opposition to the City's granting of a second cable TV franchise. 0283 PUBLIC HEARING - PROPOSED AMBULANCE RATE INCREASES. Mayor Kelley declared the public hearing open at 7: 14 p.m.. Since the representative from Woodburn Ambulance Inc., was not in attendance when the hearing was opened, JENNINGS/ARNTZEN.... continue the public hearing until the next regular Council meeting. The motion passed unanimously. 0314 STEAM TRAIN COMMITTEE PROPOSAL. JENNINGS/SIFUENTEZ.... remove the Locomotive Committee proposal from the table. The motion passed unanimously. Frank Shear, representing the Locomotive Committee, stated that he has worked on the maintenance of the steam train for many years and it is the intent of the Committee to look at other options that may be available in order to actually operate the train rather than letting it sit on the current location for viewing purposes only. In order to determine if operation of the steam train is feasible, an inspection must be completed. The branch line between Silverton and Woodburn is for sale by SPRR and the Committee would like to be able to operate the steam train on the branch line for the purpose of increasing tourism. This, in conjunction with a downtown trolley system, could revitalize the downtown area and preserve its historic designation. The cost of the inspection is $750 and it would include a report on how much it would cost to get the locomotive in an operable condition. Councilor Galvin questioned the ownership of the short line and whether the new owner would continue branch line service or salvage the existing line. Mr. Shear stated that SPRR has indicated that they are looking for a buyer who is willing to continue the branch line service. It is estimated that it may cost $150,000 to make the steam train operational and it is the intent of the Page 2 - Council Meeting Minutes, February 22, 1993 - -.. - --.. COUNCIL MEETING MINUTES February 22, 1993 TAPE READING Committee to raise funds for this purpose through various foundations, businesses, and miscellaneous fund raising activities. He also stated that this inspection is different from the federal inspection which is required prior to operating the train on a railroad line. Further discussion was held regarding the Committee's willingness to share in the cost of the inspection. Mr. Shear stated that he could not speak for the Committee in regards to a financial commitment towards the inspection costs. SIFUENTEZ/JENNINGS..... approve the project concept and challenge the Committee to provide funding for a portion of the study and direct staff to find funding for the remaining costs. The motion passed 4-1 with Galvin voting nay. 0730 JENNINGS/SIFUENTEZ.... reconsider the motion to continue the Woodburn Ambulance rate increase public hearing. The motion passed unanimously. 0756 PUBLIC HEARING - WOODBURN AMBULANCE INC. RATE INCREASE. Mayor Kelley reopened the hearing at 7:30 p.m.. Administrator Childs reviewed the staff report on the proposed rate increases which included a analysis of the company's financial records by Finance Director Gritta. Randy Garner, President of Woodburn Ambulance Inc., read a prepared statement summarizing the ambulance service's operations. He stated that there had been no change in the rates since February 1989 and that increasing costs in the areas of Personnel, Equipment & Supply Costs, and Bad Debt Charge-Offs have necessitated the request for rate adjustments. He also responded to the comments made in the Finance Director's staff report to support his argument in favor of the proposed rate increases. In regards to the proposed increase in federal and state fuel taxes, he stated that there vehicles use diesel fuel which allows for the operation of the vehicles at a lesser cost, Councilor Jennings stated that Woodburn Ambulance has been a forerunner in the private sector in providing an ambulance insurance program. Since there was no further testimony either for or against the proposed rate increases, Mayor Kelley declared the public hearing closed at 8:03 p.m.. 1820 COUNCIL BILL 1448 - RESOLUTION ESTABLISHING RATES AND CHARGES FOR AMBULANCE SERVICES AND REPEALING RESOLUTION NO. 936. Council Bill 1448 was introduced by Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1448 passed unanimously. Mayor Kelley declared the bill duly passed. Page 3 - Council Meeting Minutes, February 22, 1993 , .~ IIr ~ ,- -... COUNCIL MEETING MINUTES February 22, 1993 TAPE READI NG .1.a2Q Mayor Kelley announced that, almost two years ago, he had a real estate transaction involving one of the parties interested in the next agenda item. Mayor Kelley stated that he had discussed this relationship with a representative of the Oregon Government Ethics Commission and the City Attorney. The representative of the Ethics Commission advised the Mayor that he did not have a potential conflict of interest but that he should publicly announce the relationship before discussion of the agenda item. Mayor Kelley stated that he would vacate the chair while this item is being discussed if the Council so wished. Attorney Shields commended the Mayor on his initiative to contact the State Ethics Commission to receive an opinion on this issue. He stated that the law is clear that the Ethics Commission does give advice on questions of potential conflict. Attorney Shields reviewed the situation and stated that the Mayor had dealt with Peter Grigorieff who is the manager of Northland Communications. Mr. Grigorieff is not affiliated with North Willamette Telecom which is the next agenda item to be discussed. He also stated that Mayor Kelley had spoken with Jim Pons, a representative of the Oregon Ethics Commission, who had advised him that, in his opinion, there was no conflict of interest but it should be brought to the Council's attention. Councilor Jennings stated that the since there was no publiC hearing before the Council on this issue and that the Mayor can only vote on a tie, he did not feel the Mayor should vacate the chair. 2082 NORTH WILLAMETTE TELECOM CABLE TV FRANCHISE APPLICATION - ADMINISTRATOR'S REPORT IRECOMMENDA TION. Administrator Childs read his memorandum to the Council which included a summarization of the report from the City's consultant, Stephen Jolin of Municom Communications Management. Administrator Childs recommended acknowledgment of the consultant's report and, in principal, approval of a tentative award of a non-exclusive franchise to North Willamette Telecom subject to conditions outlined in the consultant's report and any other conditions that may be directed by the Council. The conditions, as outlined in Section 11(8) of the consultant's report, would require satisfactory clarifications, explanations, and assurances to the City on particular items such as availability of pole permits and commitment to avoid cross-subsidization with telephone operations. The conditions also include successful negotiation of a franchise which includes a number of items, for example, (1) parent guarantees, bonds, and other assurances on the complete build and operation of the system and (2) consistency with Ordinance 1766 in all respects, especially including access provisions and requirements for a local business and service office. Administrator Childs stated that North Willamette Telecom has submitted a letter to the City to verify that they are a separate corporation from Canby Page 4 - Council Meeting Minutes, February 22, 1993 ... TAPE READI NG Tape 2 0048 0086 0126 - - --., COUNCil MEETING MINUTES February 22, 1993 Telephone Association and that there is no cross subsidization between the two companies. In addition, a letter will be forthcoming from Portland General Electric on the issue of pole space availability. Further discussion was held on information contained within the memo and consultant's report. City Attorney Shields had also prepared a flow chart on the application process. If the Council directs staff to continue with the process, a public hearing before the Council will be held after the terms of a proposed franchise ordinance is drafted but before final action is taken on the proposed ordinance. If the Council decides not to pursue the franchise application at this time, a public hearing would still be required prior to any final action. JENNINGS/ARNTZEN.... City Council continue to favorably consider the North Willamette Telecom application and authorize staff, with appropriate input from the Cable TV Advisory Board, to negotiate a suitable franchise ordinance which includes conditions outlined in Section II (B) of the consultant's report to be presented for consideration before the City Council at a public hearing to be scheduled at a later date. Following a brief discussion on the motion, the vote was 4-1 with Councilor Galvin voting nay. OREGON LlaUOR CONTROL COMMISSION (OlCC) LICENSE RENEWALS FOR 1993. As stated in Chief Wright's memorandum, the Police Department recommends renewal of the following licenses premises within the City: AM/PM Mini Mart, Bi-Mart, Crossroads Grocery, Food Warehouse, Gary's Market, Lind's Plaza Market, Lind's Woodburn Market, OLCC Store #60, Payless Drug Store, Piper's Jewelry, Roth's IGA, Safeway Store, Salvadore's Bakery, Shop N Kart, 7-11 Store, Westview Texaco, Woodburn Chevron, Young Street Market, Senior Estates Country Club, Eagle's Lodge, Woodburn Elks 2637, Abby's Pizza Inn, Izzy's Pizza, LaLinda's Tortilleria, Pizza Hut, Ray's Sports Bar & Grill (Pub 99), The Raven Inn, Woodburn Lanes, Brack's Restaurant, The New Club Cafe, Chung Sing Restaurant, The Pier, and Yun Wah Chinese Restaurant. Councilor Jennings stated that he was pleased to note that Compliance Plans would not be required this year from any of the businesses. JENNINGS/SIFUENTEZ... accept the OLCC renewals as recommended by the Police Chief. The motion passed unanimously. 1991-92 AUDIT REPORT. Finance Director Gritta stated that the City had received the 1991-92 audit report and the management letter from our auditors, Harris & Eide CPA, did include some recommendations which have been implemented. Page 5 - Council Meeting Minutes, February 22, 1993 I1r ;............ .- -, COUNCIL MEETING MINUTES February 22, 1993 TAPE READING Mayor Kelley questioned the status of the bond payments regarding Queen City Blvd. and Country Club Road. Director Gritta stated that the is not behind in making payments to outside agencies or bondholders. However, due to an oversight, the Park Fund did not make a special assessment payment in 1991-92 on the Queen City and Country Club Road assessments to the Bancroft Bond fund. Councilor Jennings suggested that a memo be distributed to the Budget Committee on this issue. 0217 UPDATE ON WATER TESTING. Public Works Manager Rohman stated that the water test violation has been resolved and the problem seems to have been with the sampling rather than the water supply. The City has requested a waiver of the mailing of the public notice to each water customer from the State Division of Health. The staff will keep the Council updated on the status of the Health Division's ruling. 0245 STAFF REPORT - LEAGUE OF OREGON CITIES MEMBERSHIP. Mayor Kelley stated that he still disagreed with the a portion of the Administrator's memo regarding the insurance aspect. He questioned when the last time the insurance company went out for bid and it's relationship to Alexander & Alexander insurance. In addition, he stated that he takes issue with a lot of the things the League does. Administrator Childs stated that the Employee Benefit Services (EBS) and City/County Insurance Services (CIS) have been formed through a trust arrangement and availability of participating in these programs are totally contingent upon membership in the League of Oregon Cities. CIS is a self- insurance pool and, unlike other commercial insurance companies, are not looking to seek a profit. He also stated that Alexander & Alexander and now their successor Durham & Bates, is the City's Agent of Record for our insurance programs but the carriers are CIS or EBS. Mayor Kelley questioned the ability to have some insurance coverage if CIS does have some financial difficulty. He suggested that the Council further consider the withdrawal from the League. Councilor Sifuentez stated that she would like some additional information on specific League programs and financial justification. 0471 STAFF REPORT - STREET LIGHT ON "A" STREET. A recommendation as to whether or not a street light should be installed on A Street north of Bradley Street will be submitted to the Council at their next meeting. Page 6 - Council Meeting Minutes, February 22, 1993 I1r - -- - COUNCIL MEETING MINUTES February 22, 1993 TAPE READING STAFF REPORT - BI-MART/K-MART TRAFFIC SIGNAL. Public Works Director Tiwari stated that staff had met with Attorney Bob Engle, representing WWDM, regarding placement of a traffic signal on Highway 214 at the Bi-Mart/K-Mart shared access. Discussion was also held regarding the placement of a traffic signal at the Progress Way intersection and Mr. Engle and his clients agreed to survey the property owners along Progress Way to determine if they would be interested in participating in a assessment district if a traffic signal was installed at a later date. The State will allow a traffic signal at Bi-Mart/K-Mart shared access since the warrants have been met. There are no State funds involved with this project and the City has never received a commitment from the State towards funding of the Progress Way installation. In addition, the City is still waiting for a legal opinion from our bond attorney as to whether or not the assessment ordinance should be revised prior to passage of an ordinance to proceed with the improvement. Councilor Jennings requested staff to write to the State to get an opinion as to what it would take to get a signal at Highway 214 and Progress Way. 0632 Councilor Sifuentez stated that the Train Committee has worked very hard on this project over the last few years and she hoped that they would be successful in obtaining their goal. It was noted that the stop signs on West Hayes Street near Wal-Mart have been removed. 0675 Councilor Arntzen objected to the Woodburn Independent newspaper article regarding the landau Drive sewer connection and Mr. Morrison's statement that he did not receive an opportunity to address the issue. He objected to the quotation since the Mayor had given the public ample opportunity during the meeting to voice their concerns. LeAnn Hamnick, reporter for the Woodburn Independent, stated that she did receive the quotation from Mr. Morrison during an interview at a later date. Mr. Arntzen stated that he and the Mayor would be visiting Mr. Morrison the following day to discuss his concerns. 0779 Administrator Childs commended Finance Director Gritta on her thorough analysis of the Ambulance Service's financial statements. Q.aQ.5. EXECUTIVE SESSION. JENNINGS/SIFUENTEZ... adjourn to executive session to discuss pending litigation under the authority of ORS 192.660(1 )(h). The motion passed unanimously. Page 7 - Council Meeting Minutes, February 22, 1993 I1r - "1 - COUNCIL MEETING MINUTES February 22, 1993 TAPE READI NG The meeting adjourned to executive session at 9:04 p.m. and reconvened at 9:56 p.m.. 0811 Upon their return from executive session, Mayor Kelley stated that no decisions have been made by the Council on this issues discussed. 0824 ADJOURNMENT. The meeting adjourned at 9:57 p.m.. APPROVED~ ~~ LEN KELLEY, A YOR ATTEST jJ(~ ~ Mary Ten ant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, February 22, 1993 , 11'