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Minutes - 02/08/1993 ~ - ........ COUNCIL MEETING MINUTES February 8, 1993 TAPE READI NG 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 8, 1993. 0003 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. 0018 JENNINGS/FIGLEY... amend the Council agenda to move item 5 (Executive Session) to item 17 and include it with the other Executive Session items. The motion passed unanimously. 0043 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kelley Arntzen Figley Galvin Hagenauer Jennings Sifuentez Present Present Present 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 0048 MINUTES. JENNINGS/FIGLEy.... approve the Council regular and executive session minutes of January 25, 1993; accept the Planning Commission minutes of January 28, 1993 and the Library Board minutes of January 27, 1993. The motion passed unanimously. 0060 APPOINTMENT TO CABLE TELEVISION ADVISORY BOARD. Mayor Kelley reappointed Lloyd Wilson and Ron Wilson to serve on the Woodburn Cable Television Advisory Board with their terms expiring December 31, 1995. JENNINGS/FIGLEY... reappointment of Lloyd Wilson and Ron Wilson to the Cable Television Advisory Board be approved. The motion passed unanimously. Page 1 - Council Meeting Minutes, February 8, 1993 111" -, - ~ COUNCIL MEETING MINUTES February 8, 1993 TAPE READING 0076 APPOINTMENT TO TRANSPORTATION TASK FORCE. Mayor Kelley appointed Edward Schall horn to the Transportation Task Force to fill the vacancy created by the recent resignation of Bob Barnham. JENNINGS/FIGLEy.... appointment of Edward Schallhorn to the Transportation Task Force be approved. The motion passed unanimously. Councilor Jennings stated that he had suggested Mr. Schallhorn's name to Mayor Kelley for consideration and that Mr. Schall horn was in the audience to answer any questions the Council may have. 0108 ANNOUNCEMENT OF UPCOMING MEETINGS. Mayor Kelley announced the following meeting dates and times: (1) Transportation Task Force meeting - February 23, 1993, 7:00 p.m., City Hall; (2) Cable TV Community Access Advisory Committee - February 10, 1993, 7:00 p.m., Woodburn Public Library; and (3) Cable Television Advisory Board - February 12, 1993, 5:30 p.m., City Hall. 0119 CHAMBER REPORT. Susan King, representing the Chamber Board, advised the Council of the following Chamber activities: (1) Distinguished Service Award (DSA) Banquet, February 10th, 7:00 p.m., at the United Methodist Church; (2) Chamber Forum, February 18, 1993, 12:00 noon at the Elks Lodge. Guest speaker will be Dick Wilson from Oregon Film & Video; and (3) the Chamber's annual Shadowing Program, February 18 and 19, 1993. 0144 LETTER FROM FRENCH PRAIRIE MIDDLE SCHOOL RE: VIDEO AND EDITING EQUIPMENT. A letter of appreciation was received from Linda Johnston, Media Specialist, regarding the acquisition of a satellite, video camera, and editing equipment which will be used by the students and staff of the Woodburn School District. 0169 John Henry, 24676 S. Century Rd, Estacada, stated that there is a bus stop bench located in front of his property at the corner of Young and Bryan Street. He stated that he had contacted City staff regarding the removal of the bench since loitering has now become a problem at that site. Public Works Manager Rohman stated that the bus drivers occasionally have passengers at that location. The bus stop bench had originally been located at Crossroads Deli, however, Lt. Null had requested that the bench be removed from that location due to a loitering problem at the store. He stated that the bench could be moved to another location along the route. Page 2 - Council Meeting Minutes, February 8, 1993 , nr -- - .-." COUNCIL MEETING MINUTES February 8, 1993 TAPE READING HAGENAUER/FIGLEY.... authorize staff to move the bus stop bench from the corner of Young and Bryan Streets. The motion passed unanjmously. 0348 Dave Higginbotham, 411 Bradley Street, read a letter to the Council requesting the placement of a street light at the jntersection of Bradley and A Streets to deter late night parties, vandalism, and congregation of local youth gangs. Public Works Director Tiwari stated that his department had received the letter and was processing the request following departmental procedures. He stated that a report should be available by the next regular meeting. 0485 UTILITY SERVICE CONNECTIONS TO LANDAU DRIVE. FIGLEY/JENNINGS... Landau Drive servjce connection issue be removed from the table for discussion at this time. The motion passed unanimously. Public Works Director Tiwari reviewed the map of the affected and advised the Council that letters had been sent to the property owners abutting the 1/2 street portion of Landau Drive since the proposed connection would be to the water and sewer service lines along Landau Drive. The property is located at 1690 Laurel Avenue and there is an existing structure on the property. In addition, a portion of the south property line abuts the 1/2 street portion of Landau Drive. Director Tiwari stated that the property owner is willing to sign a non-remonstrance statement in the event a local improvement district is formed along Laurel Street to install water and sewer utility lines. As part of the condition to connect to the Landau Drive service lines, the property owner would be required to dedicate a 30 foot right- of-way for future roadway improvement to Landau Drive. Director Tiwari stated that it has been City policy that properties should connect to city sewer when services are available. The property in question was outside of the city limits when Landau Drive was constructed and utilities installed. He stated that the service line does have 90% capacity left and a .28% slope. It may be necessary for the property owner to install a pump system to insure the proper flow to the main sewer line. The property owner would pay service connection fees plus costs associated with installation of the service line to the main line and, if required, the cost of a pump. Councilor Jennings questioned the Director as to why the property owner should pay to reconnect to Laurel Avenue at a later date. Director Tiwari stated that water meter locations are associated with a property address and the an immediate response time to the location when a problem does arrive is more desirable. Bill Ehrens, 1690 Laurel Ave., stated that he is willing to accept the conditions outlined by Director Tiwari. In addition, he will also discuss with other property owners along Laurel Avenue the extension of the existing water and sewer service lines. He advised the Council that there may be some problems Page 3 - Council Meeting Minutes, February 8, 1993 :ir .... ""- - ~, COUNCIL MEETING MINUTES February 8, 1993 TAPE READING associated with the extension of the lines on Laurel Ave. at this time since part of the Laurel Street area on both sides of his property is outside of the city limits. JENNINGS/FIGLEY... approve the request as recommended by staff for the connection to city water and sewer services with the conditions outlined in the staff's memo. The motion passed unanimously. 0976 COUNCIL BILL 1447 - RESOLUTION AUTHORIZING PROFESSIONAL SERVICES WITH KITTLESON & ASSOCIATES FOR TRAFFIC ENGINEERING SERVICES AND AUTHORIZING MA VOR TO SIGN MEMORANDUM OF AGREEMENTS WITH CAPITAL DEVELOPMENT AND CHAPPELL DEVELOPMENT. Council Bill 1447 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Community Development Director Goeckritz stated that the City had received a signed memorandum of agreement from Capital Development and a signed copy of the memorandum of agreement was faxed to the City with the original document being forwarded to the City by mail. On roll call vote for final passage, Council Bill 1447 passed unanimously. Mayor Kelley declared the bill duly passed. / 1047 MILLER FARM SUBDIVISION STREET LIGHTING ISSUE. Public Works Director Tiwari stated that the developer has agreed to purchase the decorative poles within the subdivision and Portland General Electric will provide the maintenance and electrical energy. Under the developer's proposal, the City will save approximately $60.00 per month over a standard light pole. In regards to the technical standards, the amount of light that hits the street is the same for 17 shorter decorative poles versus 13 standard poles as would be required within the development. Police Chief Wright stated that the additional poles will provide similar lighting to the standard illumination. JENNINGS/FIGLEy.... concur with the installation of decorative street lighting in Miller Farms subdivision with the poles and lights to be purchased by the developer and City receives Option B rates from PGE. The motion passed unanimously. 1199 TRAIN COMMITTEE PROPOSAL. Director Holly reviewed the Committee's proposal requesting a thorough inspection of Steam Engine 1785. Once the inspection is completed, the Committee could begin making plans to operate the engine in the future. The total cost for the inspection is estimated at $750.00 which includes exhaustive examination and exhaustive engine inspection along with estimate of cost and man-hours to make the engine operable. He stated that budgetary funds within Page 4 - Council Meeting Minutes, February 8, 1993 III - - ........., COUNCIL MEETING MINUTES February 8, 1993 TAPE READING the Parks & Recreation Fund were not appropriated within fiscal year 1992-93 for this purpose, however, he felt that there is some money in the Park accounts that could be used for this purpose. Councilor Hagenauer expressed concern over performing the inspection to far in advance of plans to make the engine operable since the inspection is required annually. Mayor Kelley suggested that the Committee report back to the Council as to what they intend to do with the train and if they are willing to participate with financial assistance to obtain the inspection report. Director Holly stated that the short-line between Woodburn and Silverton is for sale and the Committee would like to negotiate with the new short-line owner for use of the railroad tracks. JENNINGS/FIGLEY... table until the next meeting and have members of the Committee present to discuss the issue with the Council. The motion passed unanimously. 1495 RELEASE OF DECOMMISSIONED FIRE HYDRANTS. The Woodburn Fire District has requested that the City transfer up to four decommissioned fire hydrants to the district. JENNINGS/FIGLEy.... authorize the release of all decommissioned fire hydrants to the Woodburn Fire District. JENNINGS/FIGLEy.... amend the motion to release up to 4 fire hydrants. The motion to amend passed unanimously. The motion as amended also passed unanimously. 1541 CLAIMS FOR THE MONTH OF JANUARY 1993. SIFUENTEZ/GALVIN.... approve voucher checks #17480 - #17808 for the month of January 1993. The motion passed unanimously. 1570 Bruce Thomas, 795 Corby St., stated that he was the Chairman of the Cable TV Access Advisory Committee and that he is enthusiastic about the work the Committee is doing and how they are approaching the project. He also assured the Council that the funds received by Northland for Cable TV equipment and programs will be spent wisely. 1630 Councilor Jennings questioned the status of the K-Mart/Bi-Mart traffic signal and whether or not a signal at Progress Way would eventually be installed at the expense of the State or property owners not included in the K-Mart/Bi-Mart traffic signal project. Public Works Director Tiwari stated that the proposed K-Mart/Bi-Mart intersection is more warranted for a traffic signal than the Progress Way Page 5 - Council Meeting Minutes, February 8, 1993 ",. - - ......... COUNCIL MEETING MINUTES February 8, 1993 TAPE READING intersection. The State Highway Division decides when a traffic signal is warranted and the specific location of a traffic signal. As stated at prior meetings, the cost of the Progress Way sjgnal should be borne by the State since a signal at that intersection has been warranted prior to the development of commercial properties east of Progress Way. If the State refuses to pay for a signal, an assessment district would need to be formed if a signal is installed and property owners contributing towards the K-Mart/Bi-Mart signal should not have to pay for both signals. Director Tiwari stated that the State will probably pursue the K-Mart/Bi-Mart intersection and that some of the traffic problems at the Progress Way intersection may be partially solved once the proposed traffic signal is installed. He also advised the Council that the City has contacted our bond attorney to review our current assessment ordinance to insure its compliance with Measure 5. Councilor Jennings suggested that the staff work with the State on pursuing installation of traffic signals at both locations. 1845 COMMUNITY TRANSPORTATION PROGRAM APPLICATION. Public Works Manager Rohman stated that the federal and state capital grant programs have been combined into a single program entitled the Community Transportation Program. In order to apply for capital purchases, the City will soon submit an application to the Department of Transportation for 80% funding of a medium duty-bus which will cost approximately $65,000. 1887 BUILDING ACTIVITY REPORT. The monthly building activity report was submitted to the Council for their review. 1904 TRANSPORTATION PLANNING TASK FORCE HANDBOOK. Community Development Director Goeckritz distributed copies of the handbook to the Council and suggested that they begin reviewing the handbook. It will be at least two months before a draft document is available for review. Councilor Jennings stated that the document will be quite lengthy and he hoped the Council will have adequate time to thoroughly review the document. 2036 WATER CONTAMINANT LEVEL FOR MICROBIOLOGICAL CONTAMINATION. Public Works Manager Rohman advised the Council that the City had just learned that they were in violation of the coliform test. The City had taken 4 repeat samples as required by Environmental Protection Agency (EPA) rules. One of the samples taken from across the street from the original sample also tested positive while the second sample from the original sample site had tested negative. This is the first time the water has exceed the maximum contaminant level. As required by EPA, a public notice will be published in the Page 6 - Council Meeting Minutes, February 8, 1993 111' - - ~, COUNCIL MEETING MINUTES February 8, 1993 TAPE READING local newspaper and also delivered to all water customers notifying the public of the violation. He also stated that the samples were tested for fecal coliform or E. Coli bacteria which are much more serious and considered a health risk. The samples did not contain either of these types of bacteria. 2645 EXECUTIVE SESSION. JENNINGS/FIGLEY... adjourn to executive session under the authority of ORS 192.660 (1 )(d)(e)(h). The motion passed unanimously. The meeting adjourned to executive session at 8: 17 p.m. and reconvened at 9: 15 p.m.. 2520 Mayor Kelley stated that no decisions were made in executive session, therefore, no action will be taken by the Council on issues discussed in the executive session. 2557 Councilor Sifuentez stated that the Swimming Pool Committee will begin their task after the Budget Committee meetings. In regards to the stop sign on West Hayes Street near Wal-Mart, the staff advised the Council that they will be removed. 2618 Councilor Figley questioned if the Transportation Task Force would be placing the location of proposed arterials on a master plan. Director Goeckritz stated that the arterials will be on a map for the Council's review. She also questioned if the City has a Housjng Code or procedures for insuring that homes within Woodburn are safe to live in. Community Development Director Goeckritz stated that a Uniform Housing Code is being reviewed by numerous cities in our area. There are some limitations involved with the Housing Code. City Attorney Shields cautioned the Council on this subject since there are some property rights of owners involved. 2982 Mayor Kelley advised the Council that he had spoken with Bruce Thomas, owner of YES Graphjcs and publisher of the local Shopper, who has offered to publish a list of City meeting dates and times on the calendar which is inserted in his paper. In addition, he would print the city newsletter on the reverse side of the calendar. The Shopper is distributed to over one-half of the grocery stores within the community. Mayor Kelley suggested that the City research the purchase of a bulk-mailing permit in order to mail the newsletter to every household within the City. Page 7 - Council Meeting Minutes, February 8, 1993 . , , 111' TAPE READING Tape 2 0090 0251 0288 0386 ..- - --. COUNCIL MEETING MINUTES February 8, 1993 Mayor Kelley referred to a recent League of Oregon Cities letter regarding the recent tax court ruling in the case of Roseburg School District vs. City of Roseburg in storm water runoff as it applies to Ballot Measure 5. He stated that the League of Oregon Cities has retained former Attorney General Dave Frohnmayer to prepare an amicus brief, with the assjstance of attorneys from Portland, Gresham, Wilsonville, and Washington County, and has requested a voluntary donation from the City to pursue this issue. The Mayor stated that tax money was spent in the initial lawsuit and he feels that the Tax Court's decision should be sufficient rather than continuing the fight using more taxpayer funds. Councilor Jennings stated that he has not been a fan of League of Oregon Cities or the Council of Governments and he has also questioned the use of Water and Wastewater funds towards the League of Oregon Cities. He requested that the staff reply by memo on what the water funds are used for along with the ramifications if the City were to withdraw from the League. Administrator Childs reminded the Council that the League of Oregon Cities Elector's workshop will soon be held in the Portland area and Councilors interested in attendjng should let him know as soon as possible so registrations can be submitted to the League office. In regards to goal setting, Administrator Childs stated that an individual well versed in outlining the roles and responsibilities between the Council, Mayor, and staff may be able to assist the City in a workshop session at very little cost to the City. Councilor Sifuentez stated that this type of workshop should also include various Boards and Commissions. Councilor Jennings stated that he felt that the Council should approve the workshop agenda and items to be discussed prior to the meeting. Administrator Childs stated that this session would not be an actual goal setting session, instead, it would pave the way for the Mayor and Council to establish goals at a future workshop. City Administrator Childs commended the Community Development Director on getting the Transportation Plan together and securing two-thirds of the cost of the consultant fees relating to the interchange are to be paid by developers. 0412 ADJOURNMENT. The meeting adjourned at 9:40 p.m.. APPROVED ~~~ LEN KELLEY, AYOR ATTEST /~~~ Mary T nant, City Recorder Page 8 - Council Meeting Minutes, February 8, 1993 ilf'