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Minutes - 06/28/1993 TAPE READING 0001 0003 0017 0020 0047 0106 - -, COUNCIL MEETING MINUTES June 28, 1993 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF KARION, STATB OF ORBGON, JUNB 28, 1993. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kelley Figley Galvin Hagenauer Jennings Mitchell 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, Park Director Holly, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant MINUTBS. Councilor Figley stated that the June 7th Council minutes should reflect that she was present at the meeting. JENNINGS/FIGLEy.... approve the Council minutes of June 7 and 14, 1993 with the amendment to the June 7th meeting and accept the Library Board minutes of May 26, 1993. The motion passed unanimously. APPOINTMENTS TO WASTB WATBR ADVISORY COMMITTBB. Mayor Kelley appointed the following individuals to serve on the Waste Water Advisory Committee which will be in existence for an 18 month period unless the Council decides to extend the committee term at a later date: Bill Mitchell, Chairperson; Wesley Bauer, Joann Bjelland, Preston Tack, Gil Flaugher, Marvin Shelby, Scott Burlingham, Forrest Mills (Aurora), Richard Barstead (Silverton), and Frank Tiwari (Frank Sinclair as an alternate staff member). JENNINGS/FIGLEy.... appointments be approved as recommended. The motion passed 4-0-1 with Councilor Mitchell abstaining. CHAMBBR OF COMMBRCB RBPORT. Jane Kanz, Executive Director, expressed the Chamber's appreciation to the city, and in particular to the Public Works and Police Departments, for their assistance during the Settlemier Days celebration. She also advised the Council that the Chamber is now receiving more visitors at their new location in Fairway Plaza. Page 1 - Council Meeting Minutes, June 28, 1993 f - TAPE READING 0143 0170 0372 0400 0441 0560 -. - COUNCIL MEETING MINUTES June 28, 1993 WOODBURN COMEBACK CAMPAIGN REPORT. Councilor Figley stated that more volunteers are needed to help with the July 4th Celebration which will be held at the high school field. She encouraged the local residents to attend the event sometime during the day and to enjoy the best fireworks show in the valley. LETTER FROM WOODBURN DOWNTOWN ASSOCIATION. The letter from WDA and the World Berry Museum urged the Council to resolve the situation with the hazard areas within the downtown area as soon as possible since it gives the downtown area an "out of business" look. Councilor Mitchell questioned what type of action the Council can take to have property owners expedite the repairs. Administrator childs stated that the public hearings on the dangerous buildings located in that area provide the Council with an opportunity to work with the property owners in locating resources for funding of the repairs and to keep abreast of the situation. The Council wants the area cleaned up as soon as possible but financial constraints to property owners sometimes makes it more difficult to accomplish the larger projects. Additionally, historic preservation is important to the Council rather than demolition. As a last resort, the Council could pass a Resolution to declare certain buildings as a hazard and then take appropriate action. Preston Tack, 2197 Camillia Way, read a letter into the record critizing the Woodburn Independent reporter for not obtaining Mayor Kelley's side of the "low morale" issue following the June 21st special meeting. Gilbert Flaugher, 1352 Astor Way, suggested that a citizen review board be appointed to discuss the employee low morale problem. He felt that it was a disservice to the community if both sides of the story were discussed in an atmosphere in which differences could be heard openly. orrin ostrom, Museum Board Chairman, expressed his concern about the downtown buildings and the appearance the barricades and taped sidewalks portray to local residents and visitors to the downtown area. He also expressed concern regarding the people living in the upstairs apartments at 479 N. Front Street who allow their children to play on the roof. He stated that everybody needs to work together to solve this problem but it is imperative that the downtown area look more appealing so the stores do not go out of business. CONTINUATION OF PUBLIC HEARING - 591 N. FRONT ST. (I.O.O.F. LODGB) . Mayor Kelley continued the public hearing at 7:21 p.m.. Page 2 - Council Meeting Minutes, June 28, 1993 ... TAPE READING 0633 0851 0952 - - COUNCIL MBBTING MINUTES June 28, 1993 community Development Director Goeckritz stated that Don Aljets Construction will be repairing the south parapet on Wednesday or Thursday of this week with the project to be completed by this weekend. It was the recommendation of the staff to continue the public hearing until July 12th. JENNINGS/FIGLEY... continue the public hearing until Monday, July 12, 1993 at 7:00 p.m.. The motion passed unanimously. CONTINUATION OF PUBLIC HEARING - 479 N. FRONT ST. (SMART SHOP BUILDING). Mayor Kelley continued the public hearing at 7:24 p.m.. community Development Director Goeckritz stated that the upstairs apartments are allowed to have occupancy of up to 10 individuals since there is only one fire escape. This particular project does require a significant amount of money to repair and the property owner has applied for a Small Business Admini.stration loan. Dave Lindenmuth, property owner, stated that he is still dealing with the SBA for a loan and he hopes to receive tentative approval within the near future. He stated that if funding becomes available, he will make the necessary repairs since his home is part of the collateral on the purchase of the downtown building. Additionally, he has two structural engineering firms available that would be able to assist him immediately in finalizing the plans, however, it may be another month before the SBA makes their decision. He also plans to rebuild the structure to its original form. Councilors Mitchell and Figley commended Mr. Lindenmuth for his effort in trying to secure funding for the repairs. JENNINGS/MITCHELL.... continue the public hearing until Monday, July 26, 1993 at 7:00 p.m.. The motion passed unanimously. COUNCIL BILL NO. 1476 - ORDINANCB ADOPTING A BUDGET FOR FISCAL YEAR 1993-94. council Bill 1476 was introduced by Hagenauer. Recorder Tennant read the first reading of the bill by title only since there were no objections from the Council. Administrator Childs reviewed the staff memo which summarized revenue and appropriation increases contained in the proposed ordinance as allowed by State budget law. The second reading of the bill was also read by title only. On roll call vote for final passage, Council Bill 1476 passed unanimously. Mayor Kelley declared the bill duly passed with the emergency clause. COUNCIL BILL NO. 1477 - RBSOLUTION AUTHORIZING TRANSFER OF APPROPRIATIONS DURING FISCAL YEAR 1992-93. Council Bill 1477 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections Page 3 - Council Meeting Minutes, June 28, 1993 II' -. - COUNCIL MEETING MINUTES June 28, 1993 TAPE READING from the Council. On roll call vote for final passage, the bill passed unanimously. The Mayor declared Council Bill 1477 duly passed. 1023 COUNCIL BILL NO. 1478 - RESOLUTION CERTIFYING THE CITY'S BLIGIBILITY TO RBCBIVB STATB-SHARBD REVENUBS. Councilor Hagenauer introduced Council Bill 1478. 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 1478 duly passed. 1066 COUNCIL BILL NO. 1479 - RBSOLUTION CALLING FOR A PUBLIC HEARING ON THB ANNBXATION OF CERTAIN PROPERTY (TUKWlLA). council Bill 1479 was introduced by Councilor 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 Council Bill 1479 duly passed. 1098 Mayor Kelley questioned the staff as to whether or not the City owns parkland in the proposed annexed area which is considered as wetlands. Community Development Director Goeckritz stated that the land which lies along the creek is privately owned and will be part of the golfcourse's greenway. 1066 COUNCIL BILL NO. 1480 - RESOLUTION ENTERING INTO A COOPERATIVE AGRBEMENT WITH THB STATB 01' ORBGON FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT THB KHART/BI-HART SHARED ACCBSS TO BWY. 214. Council Bill 1480 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, Council Bill 1480 passed unanimously. Mayor Kelley declared the bill duly passed. 1180 COUNCIL BILL NO. 1481 - RESOLUTION AUTHORIZING AGREEMENT WITH HARION COUNTY FOR HEPATITIS B IKHUNIZATION. Council Bill 1481 was introduced by Councilor Hagenauer. 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 1481 duly passed. 1249 COUNCIL BILL NO. 1482 - RESOLUTION AUTHORIZING ADDENDUM OF CABLE TV CONSULTANT CONTRACT. councilor Hagenauer introduced Council Bill 1482. The bill was read by title only since there were no objections from the Page 4 - Council Meeting Minutes, June 28, 1993 III' TAPE READING 1289 1305 1320 1350 1380 -, - COUNCIL MEETING MINUTES June 28, 1993 Council. On roll call vote for final passage, Council Bill 1482 passed unanimously. The Mayor declared the bill duly passed. REQOEST POR STREET CLOSURE - DRUKS OP PIRE SUMMER MOSIC GAMES. A request to close Park Avenue between Alexandra and James street on July 1, 1993 from 12:00 noon until the end of the program was submitted by Drums of Fire, Inc.. police Chief Wright recommended that the Council approve the request. SIFUENTEZ/FIGLEy.... approve the request to close Park Avenue between Alexandra and James street on July 1, 1993. The motion passed unanimously. REQUEST POR "NO PARKING" ON WEST HAYES ST. IN FRONT OF NELLIE MUIR SCHOOL. Staff members of Nellie Muir School have requested the installation of "No Parking" signs on the south side of West Hayes Street in front of the school. The Public Works Engineering staff has recommended that the "No Parking" signs be installed to eliminate traffic hazards. SIFUENTEZ/MITCHELL.... approve the recommendation to install "No Parking" signs on the south side of West Hayes Street in front of the school. The motion passed unanimously. REQUEST POR RELOCATION OP BASEMENT IN LIBRARY PARK. U.S. West Communications had previously been granted a 5'x 5' easement in Library Park for the purpose of installing a maintenance cabinet. However, during their engineering phase to install the cabinet, they have determined that it would be better placed in the northwest corner of Library Park. They are requesting a 5'x 18' easement and the existing easement would be canceled. Staff recommends that the easement be granted. JENNINGS/SIFUENTEZ.... approve the request to grant an easement to U.S. West Communications as recommended by staff. The motion passed unanimously. Betty Stuchlik, 938 Oregon Way, questioned the distance in which "No Parking" would be allowed on West Hayes street. Councilor Figley stated that the area would be limited to on- street parking directly in front of the school. Councilor Jennings stated that the yellow tape across the sidewalks in the downtown area is taken down regularly. He stated that the barricades and tapes make the area look as if it is closed for business. Even though the City may take a risk as it relates to public safety, he suggested that the cones be removed from the roadway to encourage people to shop and/or visit the downtown area. Councilor Figley expressed her concern regarding the large Page 5 - Council Meeting Minutes, June 28, 1993 IIr ~~, TAPE READING 1730 1934 - --. COUNCIL MEETING MINUTES June 28, 1993 number of vacant buildings in the downtown area. She felt that the Mayor and Council representatives, along with the Woodburn Downtown Association and Chamber of Commerce, should encourage or recruit businesses to the downtown area. Councilor sifuentez questioned the city's potential liability if the cones are removed. City Attorney Shields stated that there is some liability since the City knows that the buildings are potentially dangerous and are taking necessary steps to remedy the situation. The City is under some obligation to protect the people that maybe injured from falling debris, however, the loose debris has been removed at this point and the potential danger would occur if there were another earthquake before all repairs are completed. Councilor Jennings stated that the Council is still continuing the public hearings to get the property owners to make the necessary repairs but existing businesses may be gone before those repairs are made due to lack of customers. Councilor Figley reiterated her comments that the City needs to take a leadership role in encouraging business activity in the downtown area. JENNINGS/HAGENAUER.... cones be removed in front of the former Smart Shop building and the Salud building. The motion passed unanimously. It was noted that the sidewalks will continue to have tape across specific areas that could be hazardous to pedestrians. Councilor Mitchell questioned what method could be used to pursue development of downtown. Councilor Figley suggested that a meeting be scheduled of various representatives to get some dialogue going on this issue. FOllowing some discussion on this subject, FIGLEy/JENNINGS.... Administrator Childs schedule a meeting among 2 representatives of the Council, Woodburn Downtown Association, World Berry Museum, Chamber of Commerce, and the Community Development Director regarding the viability of the downtown area. The motion passed unanimously. Councilor Jennings suggested the Councilors Mitchell and Figley represent the Council at this meeting. Gilbert Flaugher, 1352 Astor Way, stated that he was encouraged by the Council's discussion to improve the downtown area, however, steps also need to be taken to improve the condition of homes which surround this area. Betty Stuchlik suggested that the City contact other cities such as Salem to find out more information on how they revitalized their downtown area. Page 6 - Council Meeting Minutes, June 28, 1993 III" -. - COUNCIL MEETING MINUTES June 28, 1993 TAPE READING 2014 WATER COBTAKINATION UPDATB. Public Works Manager Rohman provided the Council with a detailed review of the water contamination problem in a specific area of Senior Estates. He stated that the State Health Division was advised immediately of the problem and discussions with them have entailed specific procedures to follow to isolate the problem area and flush the water lines. At this point in time, the Health Division is not concerned about the positive samples and no action is required by city residents. Public notice has been given to the residents and the City has exceeded the legal requirements in providing public notice. He also stated that the samples tested did not contain fecal coliform or E. coli bacteria. 2446 STATUS REPORT - ANNEXATION OF AGRIPAC. Public Works Director Tiwari stated that representatives of Agripac have been cooperative and negotiations are taking place on this issue. The city's willingness to serve their potable water and sanitary sewer needs is an important issue which needs further discussion as it relates to the old Agripac plant. However, it has been agreed that the City will allow fire protection water use and domestic sewage treatment at 1.5 times the inside city rate. The Agripac Board will next meet in July at which time they will discuss a time table for future negotiations with the City. 2700 STATUS OF BUILDING LOCATED AT 573 N. FROBT STREET (POOL HALL). community Development Director Goeckritz stated that the property owners did obtain a structural engineering report, however, the County Building Officials report indicated that the engineering report was acceptable for the second story repairs but did not address the potential damage to the first floor or there interconnection. The repairs must also be close to the seismic code level 3. The public hearing on this particular building had previously been continued until July 12, 1993. He also stated that the Small Business Administration is ready to loan money to the property owners, however, the amount of the loan will not be known until the current problem relating to the engineering report is addressed. 2955 The staff suggested that a Council workshop on a traffic systems development charge be scheduled at the earliest possible date. Tape 2 It was the consensus of the Council to hold a workshop on Wednesday, July 7, 1993, at 7:00 p.m.. Page 7 - Council Meeting Minutes, June 28, 1993 III" TAPE READING 0022 0028 0038 0163 ATTEST - ~. - COUNCIL MEBTING MINUTES June 28, 1993 EXECUTIVE SBSSION. JENNINGS/FIGLEy.... adjourn to executive session under the authority of ORS 192.660(1) (h) to discuss the Portland General Electric franchise renewal. The motion passed unanimously. The meeting adjourned to executive session at 8:30 p.m. and reconvened at 9:08 p.m.. Following the executive session, Mayor Kelley advised the public that no decision will be made by the council. councilor sifuentez stated that she was excited about the activities scheduled within the community on July 4th and she encouraged public participation. councilor Jennings reminded the public of the Drum & Bugle Corps show scheduled for July 1, 1993 at Legion Field. councilor Figley stated that she was proud of the work performed by the Department Heads and the professionalism displayed by those individuals to do the right jOb. She also reminded the public of the Fireworks show scheduled for 10:00 p.m. on July 4th at the high school field. Councilor Mitchell stated that the staff has taken time to explain various issues to him and he expressed his thanks for their assistance. He also stated that he was proud of the community support and of his opportunity to serve on the council. Administrator Childs also advised the Council that an informational budget meeting will be scheduled in mid-July and committee members will be notified as soon as the meeting date and time has been set. ADJOURNXENT . The meeting adjourned at 9:14 p.m.. APPROVED ~ I(~ LEN KELLEY, MAYOR fl. -~ Mar~nnant, Recorder city of Woodburn, Oregon Page 8 - council Meeting Minutes, June 28, 1993 I