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Minutes - 04/12/1993 -.", .-, COUNCIL MEETING MINUTES April 1 2, 1993 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 12, 1993. 0003 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. 0014 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 Lts. Eubank and Null, Finance Director Gritta, Park Director Holly, Libary Director Sprauer, Public Works Manager Rohman, City Recorder Tennant 0021 MINUTES. JENNINGS/FIGLEy.... approve the workshop, executive session, special and regular meeting minutes of the Council held on March 15, 22, 27, 29, and April 5, 1993; and accept the Recreation and Park Board minutes of March 22, 1993. Councilor Figley requested that the Special Council minutes of March 27, 1993, tape reading 1076, be corrected to read uninhabitable. The motion passed unanimously with the correction. 0051 MEETING ANNOUNCEMENT. Mayor Kelley stated that the Council will hold an executive session on Wednesday, April 14, 1993, 8:00 a.m., City Hall, for the purpose of discussing issues relating to labor negotiations. 0063 PROCLAMATION - NATIONAL LIBRARY WEEK. Mayor Kelley declared the week of April 18 - 24, 1993 as Woodburn Library Week. The proclamation is posted on the City Hall bulletin board for reading by interested members of the community. Page 1 - Council Meeting Minutes, April 12, 1993 III' --., -, COUNCIL MEETING MINUTES April 12, 1993 TAPE READING 0105 WOODBURN COMEBACK CAMPAIGN REPORT. Councilor Figley stated that the downtown clean-up which was scheduled for Saturday, March 27th, was canceled due to the earthquake damage in the downtown area. The large dumpsters were placed at various locations throughout the City as planned and city residents did participate in the clean-up of yard debris around their own homes. She thanked United Disposal Service and the local residents for the work that was done. 0123 LETTER FROM MARION COUNTY COMMISSIONERS RE: TAX COORDINATION PROCESS. Administrator Childs read a letter from the Board of Commissioners stating that other jurisdictions have expressed an interest in voluntarily participating in a tax coordination process for the purpose of discussing what each taxing district is proposing for the next fiscal year. This would be an informal process and the County Commissioners would facilitate the meeting. The item will be brought up for discussion under New Business. 0163 LETTER FROM FRENCH PRAIRIE MIDDLE SCHOOL TRAVEL CLUB. Administrator Childs read the letter from the Travel Club requesting permission to provide a service in the residential areas by painting house numbers on the curb for a $5.00 fee during the period of April 17th through May 17th. Administrator Childs stated that the staff did not object to this request. The item will be brought up for discussion under New Business. 0204 Orrin Ostrom, President of the Woodburn Museum, stated that the Museum, Gift Shop, and Theater have been temporarily closed down due to the structural damage to the building next door. He requested that the City do whatever they can to expedite the removal of the loose bricks on the other building so that the Museum and Gift Shop can resume their operations. The revenue generated from the Gift Shop is necessary to keep the museum doors open and the theater group needs to be able to practice on the stage for their upcoming performance. He questioned why other businesses in the downtown area were allowed to re-open after the earthquake while their operations was ordered to close down a couple of days after the earthquake. Mayor Kelley stated that the Museum is a City building and there is a potential liability to the City if loose brick or other building materials falls on the museum building and injures an occupant in the building. The owner of the unstable building next door to the museum has been notified of the need to stabilize the their building. After some further discussion, Councilor Jennings stated that this issue would be discussed in more detail under the New Business agenda item. Page 2 - Council Meeting Minutes, April 1 2, 1993 III' --., ~, COUNCIL MEETING MINUTES April 1 2, 1993 TAPE READING Orrin Ostrom reiterated that it is imperative that the Museum open as soon as possible since they struggle to keep sufficient operational revenues available to meet monthly expenses. 0359 Pat Turnige, Brooks, brought to the Council's attention a Conditional Use proposal (#93-13) regarding the installation of a soil storage facility for petro- leum contaminated soil at the Woodburn Ash landfill. Mr. Turnige provided the Council with copies of the conditional use, County zoning provisions, public contracts statute, and County Planning Division memo to the Hearings Officer. He stated that he was in the business of providing a similar service but felt that there was insufficient information as to what they will actually do with the soil and what is the potential of ground water pollution through leachage. He also stated his objection to the use of public funds to help subsidize this project when private enterprise is doing similar type of work. 0500 Jim Sears, Marion County Solid Waste Management Director, provided the Council with information that was distributed to the public in August 1992 regarding the proposed treatment of petroleum contaminated soils at the North Marion County disposal site. He stated that the proposal was thoroughly reviewed by the County's 21-member advisory council and a public hearing was held before the advisory council prior to any recommendation by the council on the issue. The County would lease an area to the private firm, PEMCO, to install a mobile facility. The company is required to obtain and adhere to all DEQ permit requirements. Councilor Figley questioned the possibility of leaching and ground water contamination. Mr. Sears stated that the soil will be under cover, therefore, rainfall will not cause the soil to leach and create a ground water pollution problem. Mr. Turnige stated that the soil comes in wet and the County has never explained what the soil will be placed onto in order to eliminate leachage into the soil. His main concern is that if PEMCO is allowed to setup a mobile facility that they follow the same rules and guidelines as other private petro- leum cleaning businesses. Mr. Sears stated that the facility will have a concrete base so as to not con- taminate the ground water. 0770 PUBLIC HEARING - 1993-94 CITY BUDGET. The public hearing on the 1993-94 Budget, which includes State Revenue Sharing funds, was declared open at 7:28 p.m.. Administrator Childs read his memo to the Council which provided an overview of the proposed budget which was approved by the Budget Committee at their February 25, 1993 meeting. The total budget for all funds is $13,719,387 of Page 3 - Council Meeting Minutes, April 12, 1993 - .......... .=-... COUNCIL MEETING MINUTES April 12, 1993 TAPE READING which $1,990,032 in property taxes is necessary to balance the budget. The proposed budget will maintain current service levels as it relates to current population growth. However, the budget does provide for an addition 5.5 full- time equivalent employee positions to keep up with the demand for city services. The new positions included in the proposed budget are as follows: 1) one new full-time position in Wastewater, 2) one new full-time position in Street operations, 3) one new full-time police officer under the Safety Action Team (S.A.T.) program which is partially funded by a grant, 4) increase hours for a Clerk II in Finance from part-time to full-time, 5) increase hours for a Clerk II in Library from 19 hours to 30 hours per week, 6) increase hours of 3 part- time Library staff members from 15 hours to 19 hours per week, and 7) 3 part- time call-takers within the Police Department to implement the Deferred Patrol Response (DPR) program. The total tax levy authority approved by the Budget Committee is $2,723,520 which is a 6% increase over 1992-93. This in- crease will allow the City to continue to receive its proportionate share of the property taxes actually levied within the City. Even though the total tax levy authority may increase by 6%, it is estimated that the net increase in property taxes collected will be 2.9% over the current year's collections. The break- down of the proposed property tax total levy is as follows: General & Transit Funds, $1,681,823; Library Fund, $441,589; and Park & Recreation Fund, $600,108. Barbara Lucas, 214 E. Clackamas CI, stated that, as a member of the Budget Committee, she did not vote in favor of the proposed budget. She had pre- pared a letter regarding her thoughts on the budget which was read into the record. She requested that the Council freeze salaries and benefits of city employees and those funds be used to buy-back services. Included in her letter were various areas in which to increase program spending, such as, increasing Library hours of operation, increasing number of employees in the Parks Maintenance division in order to keep city parks well maintained, and paying back the development funds the amount which was lost with the previous tax subsidy program. Virginia Williams, Budget Committee member, commended Barbara Lucas for her recent study of the proposed budget and she hoped that the Council would consider her suggestions since the vote by the Budget Committee was not unanimously approved. She also agreed with the suggested freeze of salaries and benefits and the need to provide more library and parks maintenance services to the community. She stated that a recent Town Hall TV show focused on increased wages and benefits for government workers along with the retirement program being more lucrative than in the private sector. Administrator Childs expressed his appreciation to the Budget Committee members for their participation and dedication in reviewing the budget docu- Page 4 - Council Meeting Minutes, April 12, 1993 III' ........ .....-...,." COUNCIL MEETING MINUTES April 12, 1993 TAPE READING ment. He stated that a large share of the increase in personnel services cost is from the additional 5.5 full-time equivalent personnel. In preparing this year's budget, new positions were added in order to provide some additional services to the community. For example, extending the number of hours the library is open to the public requires more personnel service costs rather than materials. In regards to the retirement program, he stated that the higher benefit costs were approved by the Council a couple of years ago within the AFSCME agreement and it was the Council's desire to get the City's private retirement plan closer to that which is offered by the Public Employee Retirement System (PERS) . Mayor Kelley declared the public hearing closed at 7:50 p.m.. 1475 Councilor Jennings stated that the City subsidized the Police Department with Federal Revenue Sharing funds for a number of years and those funds are no longer available. The relief experienced by the City in those prior years has still not caught up with the City. He stated that the Council has looked into the renegotiating issue for the Police Association and the current negotiating process with the AFSCME union. In regards to the State's proposal to renego- tiate or freeze wages, this issue is still being discussed at the legislative level. If the City were to invite the Police Association back to the table, all issues would be open for discussion and not just wages. Since an arbitrator has the final decision making authority on the contract, it might not be in the City's best interest to re-open the contract at this time. Councilor Arntzen stated that personnel costs include those negotiated increas- es. Councilor Sifuentez stated that the Budget Committee spoke loudly on their concerns and even though no changes may be made this year, next year's budget should include some new and innovative ideas to keep personnel costs down and increase services to the community. Councilor Figley stated that she had voted nay on the issue of freezing wages and benefits at the Budget Committee hearing since she was not sure what the legal issues would be surrounding this type of recommendation. She stated that she shared the same concerns on personnel costs but she did support the budget in its present form. Ballot Measure 5 did cut mid-management level positions and it may be time to evaluate the affordability of certain department head levels. Mayor Kelley stated that the Budget Committee did a good job in reviewing the budget document. He also stated that the biggest problem which was encoun- tered by the committee is that the committee is always faced with the negotia- tions process and can never recommend anything to the Council on this issue since we are always in the middle of the process or just concluding. At the last meeting in June, the Council will be given a proposed ordinance adopting a budget for fiscal year 1993-94. Page 5 - Council Meeting Minutes, April 12, 1993 r I ........ -, COUNCil MEETING MINUTES April 12, 1993 TAPE READING 1945 COUNCil Bill 1462 - RESOLUTION AUTHORIZING ACCEPTANCE OF CONDI- TIONAL DEED OF GIFT OF A T-33A AIRCRAFT FROM THE UNITED STATES GOVERNMENT: ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH STATE OF OREGON FOR MAINTENANCE OF SAID AIRCRAFT: AND RELEASING YOUTH ADVENTURES INC. FROM A PREVIOUS AGREEMENT. Council Bill 1462 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Arntzen questioned who would maintain the aircraft. Councilor Jennings stated that the aircraft was given to the City in 1963 and has been housed at MacLaren School. The school has maintained the aircraft for many years and will continue to do so under the intergovernmental agreement with the State. After a brief discussion on this issue, the bill passed unanimously on roll call vote. Mayor Kelley declared the Council Bill 1462 duly passed. 2078 COUNCil Bill 1463 - RESOLUTION AUTHORIZING CITY ENGINEER TO INITIATE AN ENGINEERING REPORT FOR A SPECIAL ASSESSMENT RELATING TO THE INSTAllATION OF A TRAFFIC SIGNAL AT KMART/BI-MART ACCESS TO HIGHWAY 214. Council Bill 1463 was introduced by Hagenauer. 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. Mayor Kelley declared the bill duly passed. 2140 COUNCil Bill 1464 - RESOLUTION SETTING TIME AND PLACE FOR PUBLIC HEARINGS ON THE QUESTION OF WHETHER CERTAIN BUilDINGS WITHIN THE CITY CONSTITUTE DANGEROUS BUilDINGS. Council Bill 1464 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Administrator Childs briefly reviewed his memo recommending Council passage of a resolution to set public hearings on seven different buildings located in the downtown area which have been tentatively identified as dangerous buildings by the Structural Engineer and the City's Building Official. City Attorney Shields had also prepared a memo which provided procedural guidelines for the City to follow pursuant to Ordinance 1999. Councilor Jennings stated that the City needs to take action now to expedite the process to allow those businesses that are located next to the damaged buildings to re-open. He suggested that the City provide the museum with plywood to cover their roof and loan plywood to Woodburn Office Supply for the purpose of protecting the existing roof structures on those two buildings. He felt that the City could be held responsible for not allowing undamaged Page 6 - Council Meeting Minutes, April 12, 1993 , iIf' -- TAPE READING 2364 Tape 2 - --. COUNCIL MEETING MINUTES April 1 2, 1993 buildings to open even though we are following an established procedure to get property owners to repair buildings classified as dangerous. Councilor Figley also expressed concern regarding the long-term preservation of historic buildings. She stated that the City should do everything they can to insure the safety of the citizens who are in the downtown area even if it is a lengthy process since stabilizing is not the only answer to the problem. Community Development Director Goeckritz stated that a meeting was held with representatives of Woodburn Office Supply, Salud, City staff, and Mayor Kelley to try to expedite the stabilization of the Salud building so as not to endanger the public. He stated that the City had authorized the removal of loose bricks on Saturday, however, the project was more complex than what was anticipated. Another meeting was held earlier today at which time Salud advised the City that another individual was called in to give advice on the situation. One of the concrete chunks which fell onto the Woodburn Office Supply roof weighs as much as 500 Ibs. and some truss damage may have occurred to the office supply store. The structural engineer report did state that the loose brick must be removed from Salud's building, however, it is unknown at this time when it may be accomplished. In regards to the museum, the staff advised the Council that the City was ready to remove the loose brick on the building just north of the museum (479 N Front) until it was learned that the double brick wall did not belong to the City. The property owner was not immediately available but he did meet with staff on Friday. Mayor Kelley stated that one of the biggest problems that occurred with this situation was getting the residents of the upstairs apartment complex to move from the building when it was found to be unstable and dangerous. Councilor Jennings questioned why the City still couldn't lay plywOOd down and allow the undamaged businesses to re-open and then pursue the loose brick problem. Mayor Kelley stated that we are waiting for the property owner's structural engineer report before the businesses are allowed to re-open. Orrin Ostrom stated that the Museum did operate for about a week after the earthquake before it was ordered to be closed down. Mayor Kelley stated that the City does not want to take a chance on somebody getting hurt. Community Development Director Goeckritz stated that the structural engineer from the City of Portland did look at the building and reported that a problem existed along with corrective action. There has not been another structural engineer to look at the building since the day after the earthquake and the property owner was going to have a structural engineer provide more recent report. Page 7 - Council Meeting Minutes, April 12, 1993 IIr -- -, """\ COUNCIL MEETING MINUTES April 12, 1993 TAPE READING 0280 City Attorney Shields stated that the staff has started the dangerous building process. The City is proceeding with speed in every practical way to make the buildings safe and re-open businesses as soon as possible. 0358 JENNINGS/FIGLEY... Council be informed by Friday if the two businesses are not able to open and report back as to why they will not be allowed to open and the answer should not be that we haven't heard back from a structural engineer. Following some additional discussion, roll call vote was taken on Council Bill 1464 and it passed unanimously. Mayor Kelley declared Council Bill 1464 duly passed. 0496 COUNCIL BILL 1465 - RESOLUTION ENDORSING PROPOSAL OF A CHEMEK- ETA COOPERATIVE REGIONAL LIBRARY SERVICE (CCRLS) GENERAL OBLIGA- TION BOND LEVY. Council Bill 1465 was introduced by Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. A memo from Library Director Sprauer provided the Council with information on the proposed bond levy which would replace the current DYNIX computer system and peripherals, replace the bookmobile, replace the courier van, and pay for costs related to the issuance of the bonds and administrative expenses. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1465 duly passed. 0524 REQUEST FOR SOUND AMPLIFICATION PERMIT - CINCO de MAYO CELEBRA- TION. Pineros y Campesions Unidos del Noroeste (PCUN) has requested the use of an amplified sound system for their upcoming Cinco de Mayo and International Workers Day celebration. They will be holding their celebration at their office (300 Young Street) on Sunday, May 2nd, between the hours of 12:00 noon and 7:00 p.m.. Within Police Chief Wright's memo to the Council, he recommended that the request be approved. JENNINGS/FIGLEY... request be granted to allow a sound amplification device on May 2, 1993 from 12:00 noon to 7:00 p.m.. Councilor Arntzen questioned if there was any decibel limits placed on the sound amplification. Councilors Jennings and Figley stated that this celebra- tion has been held for several years and the organization has been reasonable and cooperative in keeping the sound amplification at an acceptable level. The motion to grant the request passed unanimously. Page 8 - Council Meeting Minutes, April 12, 1993 IIr - ~. COUNCIL MEETING MINUTES April 12, 1993 TAPE READING ~ OLCC LIQUOR LICENSE TRANSFER REQUEST - THE PIER RESTAURANT. Police Chief Wright recommended the approval of a liquor license transfer for The Pier Restaurant, 980 N. Pacific Highway, as submitted by John J. Asparro DBA JOEL Inc. JENNINGS/FIGLEY... recommend to OLCC the approval of the liquor license transfer request by John J. Asparro DBA JOEL Inc.. The motion passed unanimously. Q.5..9..J. SAFETY ACTION TEAM (S.A.T.l GRANT APPLICATION. In a memo from Police Chief Wright, he recommended that the Council authorize the Mayor to sign a grant application which would provide funding of an additional police officer under the S.A.T. program. The City's share of the grant funding is a 25% cash match, and after discussing the grant program with private donor, it was tentatively agreed to use the $23,500 grant from the private corporation donor toward's the City's local cash match. JENNINGS/FIGLEy.... Mayor be authorized to sign the grant application. The motion passed unanimously. 0608 DONATION TOWARDS PURCHASE OF DUll VIDEO CAMERA. A $1,000 donation was received from Mrs. Edna Allenbach towards the purchase of a video camera and related equipment for the City's Driving Under the Influence of Intoxicants enforcement program. JENNINGS/SIFUENTEZ... accept the donation from Mrs. Allenbach for the purchase of a video camera and related equipment. The motion passed unanimously. It was noted that Chief Wright had sent a letter to Mrs. Allenbach expressing appreciation for her generous donation. 0631 CLAIMS FOR THE MONTH OF MARCH 1993. SIFUENTEZ/GALVIN.... approve voucher checks #18097 - 18436 for the month of March 1993. The motion passed unanimously. 0661 Grant Williams, 1321 Astor Court, questioned the role of the management team during labor negotiations and who instructs the staff and paid consultant as to the amount of wages and benefits to offer during negotiations. Barbara Lucas expressed her frustration in never being able to voice her opinion on wage and benefit levels since the City is either about to go into negotiations, just out of negotiations, or in the middle of negotiations. Councilor Jennings stated that the Council, during executive sessions, instructs the staff and labor consultant as to the benefit levels to offer. While negotiations are in progress, information discussed in a executive session is not Page 9 - {ouneil Meeting Minutes, April 12, 1993 r rrr ,- ~ -., COUNCIL MEETING MINUTES April 1 2, 1993 TAPE READING for public disclosure. On the City's side, the Council makes the final decision on provisions within the labor agreement which have been tentatively agreed to by both parties. 0885 TAX COORDINATION PROCESS. JENNINGS/FIGLEY... voluntarily participate in the Tax Coordination process in Marion County with the privilege of leaving if the sessions are not productive. Councilor Jennings stated that the Tax Coordination process is not a requirement but if the County is willing to extend fellowship and facilitate the process then we should be willing to attend. Councilor Figley also suggested that this type of meeting could also lead to looking at service coordination as a means of saving property tax funds. Attorney Shields stated that the state law which mandated Tax Coordination only lasted for one year and the City is not required to participate unless they so desire. Administrator Childs also stated that the Tax Coordination process generally deals with the total tax levy authority of a non-school governmental taxing district which does affect the City since we only receive a proportionate share of the tax dollars collected. The vote on the motion to participate in the Tax Coordination process passed unanimously. .1.Q1Z FRENCH PRAIRIE TRAVEL CLUB REQUEST. JENNINGS/FIGLEy.... authorize the French Prairie Travel Club to paint curb numbers as a fund raising project. Councilor Sifuentez stated that the club will be asking for a $5.00 donation and that she, along with other parents, will be working with the travel club members. Councilors Jennings and Hagenauer expressed their support for the project since house numbers at the curb help the Fire Department and Ambulance Service to respond more quickly to the correct house number when an emergency exists. The motion passed unanimously. 1071 COUNCIL OF GOVERNMENTS MEMBERSHIP. ARNTZEN/ .... withdraw from COG immediately and any savings be transferred to Centennial Park project. Following a brief discussion, the motion was withdrawn. ARNTZEN/SIFUENTEZ.... withdraw from the Council of Governments immediately and any funds saved be earmarked for the swimming pool. Administrator Childs stated that there is a withdrawal provision within the COG agreement which requires the City to provide at least 6 months notice prior to Page 10 - Council Meeting Minutes, April 12, 1993 - ,--. ~, - COUNCil MEETING MINUTES April 1 2, 1993 TAPE READING the end of the fiscal year. As a reminder, he stated that the City has been involved with COG since the 1960's and he briefly reviewed a few of the programs the City has been involved with over the last few years. Discussion was held regarding the termination language within the agreement. JENNINGS/FIGLEY... table this issue until a legal opinion is obtained. The motion passed unanimously. 1445 EARTHQUAKE "AFTER SHOCK" STAFF REPORT. Police Lt. Null advised the Council that two de-briefings have been held, one at the County level and the other at the City level, to evaluate the emergency situation. As expected, problems relating to an earthquake arise after the quake and Woodburn has to look at being self-sufficient for the first 48 hours after the quake since we may not be able to depend on assistance from other communities. Police Chief Wright and Fire Chief Hendrix are revamping the current disaster plan and working towards the development of a more extensive plan. Even though a disaster plan was in place at the time of the earthquake it has become obvious that changes need to be made. 1717 COMMUNITY CENTER DAMAGE FROM THE EARTHQUAKE. Park Director Holly stated that the top portion of the brick fireplace was removed last Tuesday and staff will be reporting back to the Council with options available and costs to repair the damage. The Parks Maintenance office at the old sewage treatment plant suffered serious damage to the walls and it has been designated as a limited access area. The swimming pool appears to have some additional surface cracks but more knowledge on the extent of damage will not be known until the pool is ready for operation. Director Holly also advised the Council that Wednesday, April 14th, is the first official meeting of the Pool Committee. 1829 ARCHITECTURAL INTEGRITY OF WOODBURN'S DOWNTOWN HISTORIC DISTRICT. Community Development Director Goeckritz stated that the zoning ordinance requires property owners of buildings within the Downtown Historic District to preserve the historic integrity of structural improvements. Any changes to the buildings involve site plan reviews by the Woodburn Downtown Association and the Planning Commission. llli DEPT. OF ENVIRONMENTAL QUALITY (DEQl HEARING AND CHLORINE VIOLATION. The Council received a copy of the letter addressed to DEQ, dated March 18, 1993, which was submitted as part of the DEQ public hearing as it relates to Page 11 - Council Meeting Minutes, April 12, 1993 111' ,.-.. -.., --. COUNCIL MEETING MINUTES April 12, 1993 TAPE READING the Pudding River Total Maximum Daily Load (TMDL) permit. Public Works Director Tiwari stated that DEO has agreed to negotiate the permit during the Facilities Planning process so that final plant design will be based on permit conditions. In regards to the Chlorine violation, an equipment failure caused an increased amount of chlorine residual over the NPDES permit. The equipment was repaired and the City will be fined $100 by DEO for the violation. 2046 CARNIVAL LOCATED ON THE PAVED PARKING LOT AT WAL-MART. Community Development Director Goeckritz stated that the temporary placement of a carnival is defined as a transient business and is permitted as an outright use in a commercial area within the Woodburn Zoning Ordinance as long as it is on a paved area and property owner permission has been obtained. The owner of the carnival, Davis Amusement Co., is a registered business with the City. Exclusion of this type of transient business should be removed from the Commercial General zone, otherwise, such action could be considered as discriminatory in allowing this use at one location and but not in another. Barbara Lucas stated that having a carnival at the Wal-Mart location should be considered as a zoning exception due to the increased traffic generated by the carnival. She stated that she did not object to the carnival but that it should be held at a different location. 2180 LETTER TO CITY OF PORTLAND RE: EARTHQUAKE DAMAGE ASSISTANCE. A copy of the Mayor's letter sent to the City of Portland was included in the agenda packet as an informational item. 2192 Mayor Kelley requested the Councilors to submit names of citizens who are interested in serving on various committees which may have vacancies in the future. 2212 Councilor Sifuentez stated that she was excited about the prospect of meeting with other members of the Pool Committee and she hoped something beneficial will result from their work. 2245 Councilor Hagenauer stated that there are approximately 25 golf cart batteries setting along the property line at 433 Olive Street and a repair business is operated from the residence. He questioned if there was anything that can be done to remove the batteries. Director Goeckritz stated that he would have Code Enforcement investigate the issue. Page 12 - Council Meeting Minutes, April 12, 1993 1!1" ,- r........1 .-, ,- COUNCIL MEETING MINUTES April 12, 1993 TAPE READING 2291 Councilor Figley stated that she would be attending the next Transportation Task Force meeting to express some concerns that her constituents have brought to her attention regarding the 1-5 interchange. Mayor Kelley stated that he would also be giving a map to Task Force Chairman Jennings which was given to him by a gentleman from Senior Estates on the transportation issue. Councilor Arntzen expressed his appreciation to the Parks Department for their inclusion of senior trips in this summer's programs. n.6.Q EXECUTIVE SESSION. JENNINGS/ARNTZEN.... adjourn to executive session to discuss Emanuel Hospital litigation (ORS 192.660( 1 )(h) and a real property transaction concerning the Country Club Road realignment (ORS 192.660(1 )(3). The motion passed unanimously. The meeting adjourned to executive session at 9:45 p.m. and reconvened at 10:12 p.m.. 2384 JENNINGS/SIFUENTEZ.... Council ratify the final settlement agreement of Emanual Hospital v. City of Woodburn and authorize the City Administrator to make a press release. The motion passed 5-1 with Councilor Figley voting nay. 2466 Mayor Kelley stated that no decision was made on the real property transaction which was also discussed in the executive session. 2502 In regards to the special executive session called for Wednesday, April 14th, 8:00 a.m., discussion was held regarding a change in time for the meeting since a quorum would not be present at 8:00 a.m.. Attorney Shields stated that notifying the press of the time change is all that is required since they can monitor what occurs in an executive session but not report on executive session issues until after the Council has taken official action. It was the consensus of the Council to meet at 6:00 a.m. on Wednesday, April 14th, to hold the executive session at which time all Councilors would be able to attend. Mayor Kelley stated that he would have the meeting time changed on the notice. 2697 ADJOURNMENT. The meeting adjourned at 10:20 p.m.. APPROVED ATTEST 11.~ ~~ Mary T mint, Recorder City of Woodburn, Oregon Page 13 - Council Meeting Minutes, April 12, 1993 IJI'