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Minutes - 05/24/1993 --"-- - COUNCil MEETING MINUTES May 24, 1993 TAPE READING 0001 DATE. COUNCil CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 24, 1993. 0003 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. 0010 ROll CALl. Mayor Councilor Councilor Councilor Councilor Councilor Kelley Figley Galvin Hagenauer Jennings Sifuentez 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 0018 MINUTES. JENNINGS/FIGLEY... approve the Council minutes of May 10, 1993. The motion passed unanimously. 0032 ANNOUNCEMENTS. A Special Council meeting will be held on Monday, June 7, 1993, 7:00 p.m., for the purpose of holding a public hearing on a proposed Transportation Plan within the 1-5 corridor area. 0042 WOODBURN COMEBACK CAMPAIGN REPORT. Councilor Figley advised the Council that the downtown clean-up event was a success. She expressed her thanks to all those individuals who participated in the clean-up project and their willingness to make the downtown area a cleaner place for local residents and travelers to view. 0065 Preston Tack, 2197 Camilla Way, suggested that the City Council take formal action to establish a steering committee comprised of municipal and citizen members to look at wastewater treatment requirements within the Pudding River Basin. He also suggested that an invitation be given to all jurisdictions who utilize the Pudding River basin to participate in this regional issue. The ultimate goal in completing this study is to assure all jurisdictions that what is Page 1 - Council Meeting Minutes, May 24, 1993 'Ir - ,- - COUNCil MEETING MINUTES May 24, 1993 TAPE READING done in the basin best meets the need of the basin in terms of where treatment facilities are located, how they are financed, and how they are managed. Q1.1Q Jim Audritsh, 16775 Butteville Rd. NE., questioned if the public hearing on June 7th would include discussion on the business license fee issue. Mayor Kelley stated that the license fee issue is one of the topics to be discussed, however, it is not directly tied to the Transportation Plan. ~ PUBLIC HEARING - LIQUOR LICENSE REQUEST RE: lUISE'S BAKERY. Mayor Kelley declared the public hearing open at 7: 1 0 p.m.. Police Chief Wright stated that Luis & Luisa Quintero, DBA: Luise's Bakery, had applied for a package store liquor license at 523 N. Front Street. He reviewed the criteria established by state statute and Oregon Administrative rules in which the Council could base their recommendation on, however, the Oregon Liquor Control Commission (OLCC) has final determination on the status of the application. Chief Wright stated that a background investigation of the applicants did not reveal any adverse information and that the applicants had advised his staff that they proposed to sell beer and wine for off-premise consumption. As part of Chief Wright's presentation, he provided statistical information on criminal activity in the downtown area versus other business areas within the community. He also cited OAR 845-05-007(4), 845-05- 026(3)(a), and ORS 472.155(5) as applicable rules that the Council should consider when making their recommendation. He stated that the criminal statistics shown within the Oregon Uniform Crime Report (OUCR) have decreased city-wide since 1988, however, he felt that this trend was obtained through the strict enforcement and cooperation from our City Attorney, District Attorney, and the court system along with the assistance of the Woodburn Comeback Campaign and other organizations and citizens within the community. He also reminded the Council that a package store liquor license application was submitted to the City in 1990 at a location near the bakery, however, the applicants had withdrawn their liquor application prior to any decision being made by the Council. Chief Wright recommended that the license be denied since the location of the licensed premise would be in an area that has a history of criminal activity and continued problems with unlawful activities as specified in the Administrative Rules. Documents submitted into the record included the staff report and a memo from the Planning Division advising the Council that selling alcohol in the Downtown Historic District is a permitted zoning use. Luis & Luise Quintero, applicants, were not in attendance at the meeting. No one in the audience spoke in favor of the proposed liquor license application. Page 2 - Council Meeting Minutes, May 24, 1993 1JT' .- - COUNCil MEETING MINUTES May 24, 1993 TAPE READING 0645 Beverly Koutney, Coordinator of Volunteers for the Literacy Program at Chemeketa Community College, 120 E. Lincoln St, stated that the proposed outlet is located directly across the railroad tracks from the Adult Basic Education classrooms which provides educational instruction to students age 16 and up. These students are very perceptive and they periodically observe illegal activities which are occurring in the vicinity of the proposed outlt!t. Off- premise consumption of alcoholic beverages only encourages continued illegal activity in the downtown area and it sets a poor example which can impact the student's way of thinking. In addition, the Woodburn Berry Museum has plans to sponsor youth activities this summer and young children would have to walk pass this proposed outlet on their way to and from the museum. Chemeketa also has a educational site at 154 Harrison St. which is within 500 feet of the proposed outlet. She opposed the granting of a license at this location due to its potential impact on a vulnerable group of young people. Ms. Koutney also read a letter from Nancy Kirksey, Director of Woodburn Chemeketa Center, advising the Council of Chemeketa's plan to provide educational and supportive services to at-risk high school students at Chemeketa's facilities located at 120 E. Lincoln Street and 154 Harrison Street. This program has been designed to help students from numerous school districts in north Marion County and she felt that having a package store outlet within 500 feet of the school would be detrimental. Additionally, Chemeketa is trying to obtain a grant to provide a child care facility at 198 E. Lincoln for the Even Start child care program. 820 Virginia Shuul, instructor at Chemeketa's Center for Independent Learning, read a letter in opposition to the liquor license application which was also signed by instructor Madeline Henderson and assistant Judy Warrick. The students they deal with are as young as 16 but the average age is 22. Those students are trying to overcome past experiences which, in some cases, involve substance abuse. These students require support for educational and vocational training and the authors of the letter expressed their opinion in that having an outlet within a close proximity of the school only serves as a reminder to those students of their past indiscretions and an invitation to future problems. Ernie Livesay, 945 Meadowvale Lane, stated that, as a board member of the Woodburn Berry Museum and a member of the Woodburn Comeback Campaign, both organizations are concerned about the development of the downtown business district and the level of criminal activity found in that area. He expressed his opposition to the proposed package store outlet due to the statistical data that was described by Chief Wright. In addition, downtown Woodburn has limited parking along Front Street. 0920 City Recorder Tennant advised the Council that a letter from Woodburn Together was also received in opposition to the proposed package store outlet. Page 3 - Council Meeting Minutes, May 24, 1993 nr -, - COUNCil MEETING MINUTES May 24, 1993 TAPE READING Mayor Kelley declared the public hearing closed at 7:37 p.m.. Councilor Figley stated that the City still has similar problems in the downtown area as was addressed in 1990 and the types of conduct being displayed by individuals in that area are aggravated by the consumption of alcohol. She also stated that she did not believe that any additional outlets in the downtown area should be approved due to the number of alcohol related and alcohol aggravated disorderly conduct activity which is found in the downtown area. Councilor Sifuentez stated that she was opposed to allowing additional outlets in the downtown area even though the applicants have a clean record. JENNINGS/FIGLEY... City of Woodburn recommend that the application for a package store license by Luise's Bakery be denied. The motion passed unanimously. Q999 PUBLIC HEARING - OREGON COMMUNITY DEVELOPMENT BLOCK GRANT. Mayor Kelley declared the public hearing open at 7:40 p.m.. Public Works Manager Rohman reviewed the Community Development Block Grant program which allows for City application of grant funds in numerous areas. The grant program currently open allows for application of Public Works project funds and, as part of the procedure to apply for such funds, a public hearing is required to gather testimony from the public as to what projects should be considered for grant funding. He stated that the staff had identified such areas as additional water storage and improvements to North Front Street as potential projects. He also advised the Council that another public hearing would be held prior to submitting a grant application. Since there were no comments from the public regarding this issue, Mayor Kelley declared the public hearing closed at 7:45 p.m.. .11.92 PUBLIC HEARING - SALE OF SURPLUS PROPERTY. Mayor Kelley declared the public hearing open at 7:46 p.m.. Public Works Manager Rohman reviewed the staff report which provided background information on the original purchase of the 7.5 acre parcel in the Industrial Park area. In 1991, a portion of the property was sold to the developers of K-Mart leaving approximately 3.4 acres which has subsequently been partitioned to a 1.4 acre parcel (which houses a water well and wellhouse) and a 2 acre parcel. The staff recommended that the 2 acre parcel be declared surplus property and it be made available for sale and sealed bids be received with a minimum purchase price based on an already completed appraisal. No one in the audience spoke either for or against the proposed declaration of surplus property. Mayor Kelley declared the public hearing closed at 7:51 p.m.. Page 4 - Council Meeting Minutes, May 24, 1993 - - - COUNCIL MEETING MINUTES May 24, 1993 TAPE READING Councilor Jennings questioned the disposition of the funds received from the potential sale of the property. Public Works Director Tiwari stated that the funds would be returned to the capital improvement funds which originally paid for the property. The funds received cannot be shifted to other sources such as operations since the reserve funds are a dedicated source of funds. He also stated that if a public works shop is constructed, it would be more desirable to have the shop in the downtown area or near the old treatment plant site. Administrator Childs stated that, at the point the funds are received, they will be shown as unanticipated revenues for a future supplemental budget process or as part of the 1994-95 working capital carryover within the public works capital improvement funds. 1547 COUNCil Bill 1470 - RESOLUTION AUTHORIZING SALE OF SURPLUS PROPERTY. Council Bill 1470 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 1470 passed unanimously. Mayor Kelley declared the bill duly passed. 1584 COUNCil BILL 1471 - RESOLUTION AUTHORIZING ADMINISTRATIVE FEE FOR PROVIDING LIEN SEARCHES AND DUPLICATE WATER/SEWER BillS. Council Bill 1471 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Figley questioned the distribution of a quarterly printout to frequent users at a nominal charge rather than responding to individual requests on title searches. Finance Director Gritta stated that the proposed resolution also establishes a policy on what type of information is required before a lien search is conducted and when a telephone update is given. In her research on how other cities in the 1-5 corridor area are handling lien search requests, she found that many cities are charging at least $10.00 per lien search. The City continues to experience more growth and numerous lien search requests are handled daily by office staff which takes away valuable time to do other routine tasks. The policy also puts title companies on notice that the City is not responsible for lien searches for which incorrect information is provided to the City. Additionally, the proposed resolution would incorporate a current practice of charging utility customers an additional $1.00 when a replacement bill is issued. Customers making pre-payments are not subject to the additional charge. Page 5 - Council Meeting Minutes, May 24, 1993 - -, -.. COUNCil MEETING MINUTES May 24, 1993 TAPE READING Councilor Figley questioned if the City was utilizing a disclaimer clause. She also suggested that the staff continue to monitor how much time is being spent on conducting lien searches. Attorney Shields stated that the intent of the proposed resolution is to formalize a procedure for staff members. He also cautioned the Council in that issuing a disclaimer does not always protect the City from potential liability. On roll call vote for final passage, Council Bill 1471 passed unanimously. Mayor Kelley declared the bill duly passed. 2154 COUNCil Bill 1472 - RESOLUTION AUTHORIZING TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS. Councilor Hagenauer introduced Council Bill 1472. City 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 Council Bill 1472 duly passed. 2187 COUNCil Bill 1473 - RESOLUTION AUTHORIZING TERMINATION OF AN ICMA RETIREMENT CORPORATION TRUST AGREEMENT AND REPLACING IT WITH AN ICMA RETIREMENT CORPORATION ADMINISTRATIVE SERVICES AGREEMENT. Council Bill 1473 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Administrator Childs briefly reviewed the letter from ICMA which was included in the Councilor's packets. The administrative services agreement only pertains to the Deferred Compensation Program (Section 457). It was noted that the there were no change in the administrative fees ($18.00 per year) which is charged to a participating employee's account. Councilor Jennings stated that he would have preferred to see the agreement, however, he did state that, according to the letter, the administrative services agreement would automatically go into effect following a 90-day period (July 15,1993). On roll call vote for final passage, Council Bill 1473 passed unanimously. Mayor Kelley declared the bill duly passed. 2440 COUNCil Bill 1474 - ORDINANCE AUTHORIZING INSTAllATION OF A TRAFFIC SIGNAL AT THE KMART/BI-MART SHARED ACCESS TO HIGHWAY 214 AND COSTS OF IMPROVEMENT TO BE PAID THROUGH AN ASSESSMENT DISTRICT. Councilor Hagenauer introduced Council Bill 1474. Recorder Tennant read the two readings of 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 Council Bill 1474 duly passed. Page 6 - Council Meeting Minutes, May 24, 1993 ... - -.. -, COUNCIL MEETING MINUTES May 24, 1993 TAPE READING 2530 REQUEST FOR STREET CLOSURE - ALEXANDRA COURT. Chief Wright recommended approval of a request from residents of Alexandra Court to close the cul-de-sac on July 4th from 10:00 a.m. to 10:00 p.m. for the purpose of allowing the residents to have a neighborhood party. JENNINGS/FIGLEy.... the request to close the street on July 4th be granted. The motion passed unanimously. 2554 BID AWARD - CITY HALL REPAIRS. Administrator Childs advised the Council that the informal bid process was followed to obtain bids for repairing structural damage to the southeast exterior corner of City Hall. The Federal Emergency Management Agency (FEMA) will pay approximately 75 % of the repair costs through a disaster recovery grant with the remaining portion to be paid by the City. Bids were solicited from three contractors of which only two contractors responded. Bids received were as follows: Whitehead Construction, $4,875.00; and Key Construction, $7,310.00. The staff recommended that the bid be awarded to Whitehead Construction so that repairs can be accomplished when funding becomes available. JENNINGS/FIGLEY... award the bid to Whitehead Construction in the amount of $4,875.00. The motion passed unanimously. 2602 APPROVAL OF SALARY STEP INCREASE FOR FINANCE DIRECTOR. Administrator Childs recommended a salary step increase for Finance Director Gritta who is scheduled for advancement from Grade M-26.5 Step 0 to M-26.5 Step E. The increase would be effective May 1, 1993. JENNINGS/FIGLEy.... Administrator Childs recommendation to approve Finance Director Gritta's salary step increase be approved. The motion passed unanimously. 2685 FIRE PROTECTION SERVICE TO AGRIPAC INC. A memo from Public Works Manager Rohman advised the Council that Agripac Inc. has requested the City to provide water for fire protection to their new repackaging facility which is currently under construction. The building is located outside of the city limits but within the Urban Growth Boundary. Councilor Jennings questioned if the City might be able to pressure Agripac into consenting to annexing their facility into the City. Public Works Director Tiwari stated that staff has been discussing the annexation issue with Agripac staff members. It is the City staff's position that Agripac be a part of the City and not just the Urban Growth Boundary. City staff had proposed that Agripac make some commitment on this issue. A representative of Agripac will be taking the City's comments to their executive management and there is a possibility that a commitment on their part could be Page 7 - Council Meeting Minutes, May 24, 1993 Ill' - - .-. COUNCil MEETING MINUTES May 24, 1993 TAPE READING forthcoming within the next two years. Director Tiwari stated that Agripac's demand for use of City utilities is limited since Agripac has their own treatment process and they do have some wells on their property. However, some city water is used during peak processing periods and Agripac is charged 1.5 times the inside city water service rate for any water used by their facility. Tape 2 Some discussion was held regarding annexation of the new construction site versus the entire property owned by Agripac, Inc.. 0018 JENNINGS/FIGLEY... Council advise the staff that our position is that Agripac should be annexed to the City as soon as possible. Public Works Director stated that the importance of developing an understanding with Agripac on the annexation issue will be conveyed to them since this water line extension issue has prompted it's consideration. On roll call vote, the motion passed unanimously. .QQ..5.1 OFFICIAL ELECTION RESULTS - MAY 18TH SPECIAL ELECTION. The official election results were as follows: Precinct YES N.Q 124 (Ward I) 401 400 125 (Ward III) 133 140 126 (Ward II) 182 134 127 (Ward V) 413 377 128 (Ward I) 156 193 129 (Ward VI) 107 75 130 (Ward IV) ~ 229 TOTALS 1 ,681 1,548 0097 UPDATE ON POST-EARTHQUAKE ASSISTANCE FROM FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMAL Administrator Childs provided the Council with a status report on what city buildings were damaged from the March 25th earthquake and possible funding through FEMA. He stated that FEMA representatives had determined that smaller projects qualifying for funding included 1) repairs to City Hall parapet located in the southeast corner and replacement of a window in the Public Works office; 2) demolition of the existing Parks Dept. shop building upon completion of a new facility; 3) reimbursement for labor, materials, & equipment used to provide emergency response and recovery assistance during the next several days following the earthquake; 4) repair of the Community Center chimney; and 5) repair of the Library chimney, wall cracks, and floor cracks. Page 8 - Council Meeting Minutes, May 24, 1993 llI' .-. - COUNCil MEETING MINUTES May 24, 1 993 TAPE READING The larger projects qualifying for FEMA funding are 1) construction of a Parks Department shop building structure (estimated cost $51,463); and 2) repair of the Woodburn War Memorial Swimming Pool. 0443 Park Director Holly stated that the swimming pool djd receive major damage from the earthquake. Last year, the pool lost about 4 inches of water daily, however, when the pool was recently filled, it had lost 21 inches within 24 hours which equates to about 1/3 of the pool. FEMA representatives requested the City to have a consultant to evaluate the situation and the report would be used to determine how much funding FEMA would provide. At this point in time, FEMA has agreed to 1) remove the existing deck, 2) repair the subsoils, 3) patch and resurface the existing pool which would provide a new pool surface, 4) replacing the recirculatory system with a new surge tank and new gutter system which would bring the pool to current Oregon code, 5) repair the baby pool, 6) make minor repairs the bathhouse, 7) replace the main drain line which runs into the storm drain line, and 8) to fund all related fees which includes architectural and consultants. The total of cost of the extensive repairs as tentatively agreed to by FEMA representatives is $250,797. In addition, FEMA has agreed as a separate project to fund emergency repairs in order to keep the pool open this summer in the amount of $4,789. Marion County has agreed to extend the swimming pool permit for this summer only with the temporary repairs. He also stated that the Pool Committee had recently met and are recommending that the repairs be made to the existing pool rather than constructing a new pool at a different site and receiving less funding assistance. The Pool Committee would then consider the construction of a new bathhouse and potential covering of the pool as a separate issue to be addressed in the future. After a lengthy discussion on current repairs and on future reconstruction and/or expansion of the pool, 1029 JENNINGS/FIGLEy.... authorize the repairs to the pool not to exceed $5,000 with 75% to be paid through FEMA funding. The motion passed unanimously. Councilor Figley stated that the consultant report did state that the pool is repairable as a cost effective measure even though it may not be what some people like to hear. She stated that the report was very informative and that the Pool Committee is willing to pursue all options addressed in the report. She suggested that the City follow the bid process to obtain engineering and consulting service proposals as soon as possible. Administrator Childs suggested that the Council wait until the next regular meeting to take any action on engineering and consulting services at which time the staff will prepare a report for Council consideration. Page 9 - Council Meeting Minutes, May 24, 1993 - COUNCil MEETING MINUTES May 24, 1993 TAPE READING 1174 Mayor Kelley questioned Public Works Director Tiwari regarding the status of forming a committee to study the Pudding River basin wastewater issues. Public Works Director Tiwari stated that he has contacted other local communities regarding the study phase and has received a verbal okay from them. Clackamas County has advised the City that they want to be involved with the work scope. The staff has been working with the Mayor regarding the appointment of a committee and a proposal will be before the Council at their next meeting. The work scope has not been developed and the other communities have stated that they will pay their fair share of the study ~ 1267 Councilor Figley expressed her appreciation to those voters who supported the budget levy. She stated that those concerns expressed by those individuals opposing the budget have been heard by the Council and there is always room for improvement. It is her intent to make Woodburn the most cost effective/best run City in the State of Oregon. In regards to the swimming pool, she stated that she did not want the federal money to be forfeited because the City neglected to get the plans together in order to rebuild the pool within the 18 month time frame. 1303 Councilor Jennings requested that a Budget Committee meeting be called in the later part of June to discuss the budget with the understanding that no decisions will be made by the Committee. He felt that it was imperative that the Committee openly discuss their concerns before the 1994-95 budget document is prepared. 1346 Councilor Sifuentez expressed her enthusiasm regarding the swimming pool project and requested Council support of recommendations made by the Pool Committee. 1361 Administrator Childs commended Park Director Holly for compiling a immense amount of information on the swimming pool within a short period of time. 1371 ADJOURNMENT. The meeting adjourned at 9:23 p.m.. APPROVED .~ ~ ' LEN KELLE , MAYOR ATTEST j71':ifn --c..,.:;..) Mary nnant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, May 24, 1993 J