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Minutes - 06/14/1993 - -. COUNCIL MEETING MINUTES June 14, 1993 TAPE READING QQQ.1 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 14, 1993. 0003 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. 001 7 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Kelley Figley Galvin Hagenauer Jennings Sifuentez Present Present Present Present Present Absent Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Lt. Eubank, Park Director Holly, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant QQ3J MINUTES. JENNINGS/FIGLEY... approve the Council minutes of May 24, 1993 and accept the Planning Commission minutes of May 13, 1993. The motion passed unanimously. 0045 APPOINTMENT - COUNCIL WARD I. As provided for within the City Charter, Mayor Kelley appointed William W. Mitchell to fill the Ward I Councilor position which was recently vacated by the resignation of Allen Arntzen. JENNINGS/FIGLEy.... approve the appointment of William Mitchell with his term to expire in December 1996. The motion passed unanimously. The oath of office was taken by Mr. Mitchell and he immediately took his place at the Council bench. 0111 CHAMBER OF COMMERCE REPORT. Joanne Beck, representing the Chamber of Commerce, reviewed the Settlemier Days activities scheduled for June 18 - 20, 1993. Included in those activities are 1) Breakfast at the Fire Station, 2) Oregon Trail Wagon display, 3) Art display, 4) Parade on Saturday, 5) Volkswalk, 6) Strawberry shortcake, and 7) Barbeque chicken. The public is encouraged to attend and support this community program. Page 1 - Council Meeting Minutes, June 14, 1993 'II -- - -. COUNCIL MEETING MINUTES June 14, 1993 TAPE READING 0161 WOODBURN COMEBACK CAMPAIGN REPORT. Councilor Figley stated that this Committee is working diligently on preparations for the 4th of July Celebration. Volunteers are still needed to help with the games and pre-show activities and citizens interested in helping out can contact Lt. Don Eubank. Q2Q.Q PUBLIC HEARING - CONTINUATION OF DANGEROUS BUILDING HEARING - 237 N. FRONT STREET (BAHAI BUILDING). The Mayor continued the public hearing at 7:08 p.m.. Administrator Childs stated that his last contact with the organization's representative, Eriech Reich, was on Friday at which time Mr. Reich stated that they were having difficulty securing the services of a brick mason. The structural engineer's report and plans for repairs have been approved by the City's Building Official. FIGLEy/JENNINGS.... continue the public hearing until July 12, 1993 at 7:00 p.m.. Councilor Jennings stated that he would be willing to supply the organization with the names of three brick masons who do have some time available. Councilor Figley stated that it is her intent to preserve the historic buildings if at all possible yet still make the property owners make the proper repairs within a timely manner. The motion to continue the public hearing passed unanimously. 0390 PUBLIC HEARING - CONTINUATION OF DANGEROUS BUILDING HEARING - 573 N. FRONT STREET (GARCIA'S POOL HALL). Mayor Kelley continued the public hearing at 7: 16 p.m.. Administrator Childs reviewed the brief staff report which recommended continuation of the hearing until July 12, 1993 since the owners have received a loan from the Small Business Administration and they are currently waiting for the City's Building Official and Marion County to complete their review of the reconstruction plans. JENNINGS/FIGLEy.... continue the public hearing until July 12, 1993 at 7:00 p.m.. The motion passed unanimously. 0407 PUBLIC HEARING - CONTINUATION OF DANGEROUS BUILDING HEARING - 479 N. FRONT STREET (ALSO KNOWN AS SMART SHOP), Mayor Kelley continued the public hearing at 7: 17 p.m.. Community Development Director Goeckritz stated that the Small Business Administration (SBA) has given preliminary approval to property owner Dave Lindenmuth's loan request, however, Mr. Lindenmuth has advised the staff that he would not be providing a structural plan to the City until such time as the loan committment has been finalized. Director Goeckritz also advised the Page 2 - Council Meeting Minutes, June 14, 1993 ",. -- - COUNCIL MEETING MINUTES June 14, 1993 TAPE READI NG Council that it may take up to 2 months to complete the reconstruction of the building. The staff recommended that this hearing be continued until July 12, 1993. Councilor Figley suggested that the hearing be continued to June 28, 1993 for the purpose of encouraging him to make the repairs to the building as soon as possible because of the safety issues involved. FIGLEy/JENNINGS.... continue the public hearing until June 28, 1993, 7:00 p.m., so that the Council can receive an update on this building. The motion passed unanimously. Mayor Kelley requested that the property owner be in attendance at the next meeting. Q2Q1 PUBLIC HEARING - CONTINUATION OF DANGEROUS BUILDING HEARING - 591 N. FRONT ST. n.O.O.F. LODGE). Mayor Kelley continued the public hearing at 7:23 p.m.. The staff report recommended that the public hearing be continued to June 28, 1993 since the structural plans have been approved and the property owners have been obtaining bids to complete the repairs. Betty Donnelly, representing the Trustees, stated that Aljets Construction will be repairing the parapet and bids are being solicited for the additional interior repair work. Councilors Figley and Jennings expressed their appreciation to the lodge for proceeding with the necessary repairs. FIGLEy/JENNINGS..... continue the public hearing to June 28, 1993, 7:00 p.m.. The motion passed unanimously. 071 2 PUBLIC HEARING - CONTINUATION OF DANGEROUS BUILDING HEARING - 199 N. FRONT STREET (OLD BANK BUILDING). The Mayor continued the public hearing at 7:28 p.m.. The staff report submitted by Director Goeckritz advised the Council that no engineering report or structural plan has been submitted as of this date and the property has been listed with landmark Realty. Nora Fives, owner of the property, stated that she has retained an attorney to represent on this issue and he has requested a two-week extension of the public hearing. She stated that her attorney is Ed Abel of Schwabe, Williamson, & Wyatt. She also requested some additional time to try and sell the building. Councilor Figley expressed her desire to see the building sold and repairs made, however, she did state that the City could not wait for an extended period of time to make the needed repairs. FIGLEY/JENNINGS.. .continue the public hearing until July 12, 1993 at 7:00 p.m.. The motion passed unanimously. Page 3 - Council Meeting Minutes, June 14, 1993 ". - .-.., COUNCIL MEETING MINUTES June 14, 1993 TAPE READI NG Councilor Jennings stated that in regards to this particular building, there is only a danger of the building topoling if there is another major quake. 0850 Eric Bahtni, 237 N. Front Street, advised the Council that Clem Fleck has given his organization a bid for masonary work and they hope to have the work done within the next two weeks. ~ RECONSIDERATION OF VETOED COUNCIL BILL 1471 - RESOLUTION ESTABLISHING A LIEN SEARCH POLICY AND IMPLEMENTING ADMINISTRATIVE FEES. City Attorney Shields reviewed the Charter requirements regarding reconsideration of a Council Bill and the necessity of the Council taking another vote on the bill. Council discussion was held on the issue and Councilor Figley stated that this type of service is extraordinary and costs should be recovered by the City. Other jurisdictions charge similar fees for the same type of service, therefore, the City should consider the proposed fee. She also stated that, if in the future, another method of providing the outstanding lien information is available which would not entail employee staff time then the fee should be reduced or eliminated. Councilor Mitchell stated that it is not uncommon to have lien search fees as part of real estate transaction fees. Recorder Tennant stated that not all of the City records are on the computer and staff needs to manually check each lien search request. Mayor Kelley objected to charging an administrative fee and then not . guaranteeing the right information. Councilor Figley also stated that the purpose of the disclaimer is to keep the liability down to minimal level. ' Councilor Mitchell added that a disclaimer is a standard practice in the industry and it provides some protection in not having the reporting agency absorbing large bills for incorrect information. On roll call vote, the bill passed unanimously. 1266 RECONSIDERATION OF VETOED COUNCIL BILL 1473 - RESOLUTION AUTHORIZING REPLACEMENT OF ICMA TRUST AGREEMENT. Following a brief discussion on the bill, roll call vote was taken and the bill passed 4-0-1 with Councilor Mitchell abstaining. Page 4 - Council Meeting Minutes, June 14, 1993 m - -, - COUNCIL MEETING MINUTES June 14, 1993 TAPE READING .u22 COUNCIL BILL 1475 ~ RESOLUTION AUTHORIZING CONTRACTUAL SERVICES AGREEMENT WITH N. ROBERT SHIELDS AS CITY ATTORNEY. Council Bill 1475 was introduced by Hagenauer. Attorney Shields declared a conflict of interest on this bill since it would continue his contract during fiscal year 1993-94. 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 1475 passed unanimously. Mayor Kelley declared the bill duly passed. 1403 BID AWARD - SALE OF SURPLUS CITY PROPERTY. Only one bid was received for the purchase of 2.03 acres of land located off National Way in the Industrial Park which was declared as surplus property in Resolution No. 1179. Public Works Director Tiwari stated that originally two companies were interested in the property, however, only one company decided to submit a bid. The minimum bid price for the property was $65,000. JENNINGS/FIGLEy.... bid from School Bus Services, Inc. in the amount of $68,225.00 be accepted. On roll call vote, the motion passed unanimously. ~ ENGINEERING REPORT --- SPECIAL ASSESSMENT PROJECT - INSTALLATION OF SIDEWALKS ALONG HIGHWAY 99E. Public Works Program Manager Rohman provided the Council with the engineering report on the proposed assessment of properties along Highway 99E from Lincoln Street to the north city limits. The total estimated cost of the project is $69,323.18 which includes legal and administrative fees. Properties which had newly installed sidewalks would share in the project cost whereas those properties that had existing sidewalks will not incurr an assessment since the cost for replacing the sidewalk will be paid for by the State. The list of benefitted property owners includes property located outside of the city limits and an agreement by Marion County may be necessary for the city to assess those properties for their fair share of the improvement costs. In regards to the scheduled completion date of the widening project, Manager Rohman stated that construction activity will start in late June or early July with the estimated completion date of September. However, if the contractor requests an extension, the State Highway Department has indicated that they will grant an extension. Public Works Director Tiwari also stated that the State is still negotiating with the contractor on the costs for the street overlay on Hardcastle. The City is currently replacing the lead-jointed waterlines between Gatch Street and Corby. Negotiations will take place between the City and contractor after a price has been agreed to by the State for the proposed overlay between Gatch and Front Streets. Costs for replacement of sidewalks and curbs will be borne by the Page 5 - Council Meeting Minutes, June 14, 1993 -- - -., COUNCIL MEETING MINUTES June 14, 1993 TAPE READING City if our work caused the damage otherwise the State will be responsible for the replacement costs. JENNINGS/FIGLEY... engineering report as submitted be approved. The motion passed unanimously. 1 932 REQUEST FOR SOUND AMPLIFICATION - WOODBURN FOURSQUARE CHURCH. Pastor Keith Anderson of the Woodburn Foursquare Church, 1175 E. Lincoln St., has requested permission to use sound amplification equipment July 2 - 4, 1993 between 9:00 a.m. and 9:00 p.m. in conjunction with their church tent meeting. JENNINGS/FIGLEY... permission be granted to Woodburn Foursquare Church to use sound amplification equipment July 2 - 4, 1993. The motion passed unanimously. 1 946 FOURTH OF JULY CELEBRATION REQUESTS. Lt. Eubank, General Chairman of the Fourth of July Celebration, requested City liability insurance coverage for the 4 mile Run and "Fun" Walk and the third annual "Old Fashioned 4th of July Picnic which includes a fireworks show in the evening. Activities will be held at the Woodburn High School field beginning at 7:30 a.m. and concluding at 11 :00 p.m.. He also requested permission to use sound amplification equipment during the day for the scheduled activities. Councilor Mitchell questioned if flyers had been placed in the West Woodburn area since he had not personally seen any information on the upcoming event. Lt. Eubank stated that flyers had been distributed to numerous locations in town and other sources of publicity included the local radio station, Woodburn Independent, Cable TV (Let's Communicate Program), Reader Boards, and local stores. He also stated that the Fun Run had not been held for a couple of years and the committee decided to try and get this activity back as part of the overall program. JENNINGS/FIGLEy.... approve the request for the various insurance coverages and permission to use sound amplification equipment. The motion passed unanimously. 2109 CLAIMS FOR THE MONTH OF MAY 1993. GALViN/JENNINGS.... approve voucher checks #18792 - 19089 for the month of May 1993. The motion passed unanimously. 2160 Councilor Figley expressed her appreciation to Mr. Mitchell for his willingness to serve on the City Council. However, she also expressed her concern regarding current City Charter language that would allow the appointment to Page 6 - Council Meeting Minutes, June 14, 1993 ~ - -, COUNCIL MEETING MINUTES June 14, 1993 TAPE READING continue through the duration of the unexpired term, which in this case, is 3.5 years without giving the voters in that Ward the opportunity to elect a replacement. She suggested that the Council consider the referral of a charter amendment to the voter which would provide that vacant Council seats would be voted on at the next regularly scheduled election of within two years. Councilor Jennings also felt positive about the appointment of Mr. Mitchell but he expressed similar concerns as Councilor Figley regarding the Charter provision. Mayor Kelley stated that he agreed with the Councilors on the issue of filling Council vacancies and he requested that, included with the suggested amendment, another amendment be proposed to the voters which would require Councilors running for office to vacate their seats at the time of announcing their candidacy so other interested citizens can run for office in the position that will have an unexpired term. Attorney Shields briefly reviewed his memo which was submitted to the Mayor regarding this issue, however, he stated that the memo addressed the procedural issues and no specifics were involved. FIGLEy/JENNINGS.... City Attorney, Administrator, and other staff members draft an ordinance which would call for an election to amend the charter and require Council vacancies to be filled by an election. Mayor Kelley requested that his proposed amendment to the charter regarding vacating seats be included in the motion. This would eliminate the need for concerned citizens to follow an Initiative Process and obtain signatures on an approved petition. Councilor Figley stated that she would not include the Mayor's request on her motion and Councilor Jennings agreed to leave the motion as stated. On roll call vote, the motion passed unanimously. 2.22Q Councilor Jennings stated that backyard burning is creating a problem within the City. Councilor Figley agreed with his statement and cited a recent situation within her neighborhood which caused those individuals to stay indoors on a warm, sunny day because of the smoke from a backyard fire. Councilor Hagenauer suggested that the staff research city ordinances on this issue since he thought there was one in place which placed time limits on backyard burning within the city limits. FIGLEy/JENNINGS.... staff prepare a report on a possible ban or on further restrictions to backyard burning based on ordinances enacted by other surrounding communities. The motion passed 3-2 with Councilors Hagenauer and Galvin voting nay. Page 7 - Council Meeting Minutes, June 14, 1993 -- -, COUNCIL MEETING MINUTES June 14, 1993 TAPE READING 2847 STAFF REPORTS. A) June 7, 1993 Earthquake (aftershock) - Building Official Arzonian reported that there was no apparent damage caused by the 3.7 quake. Some additional mortar had fallen on the sidewalks but there was no additional damage to existing structures. B) Letter from Southern Pacific Railroad - The company will resume the 45 MPH train speed through town as of June 14, 1993. Councilor Jennings suggested that the City write a letter of thanks to Southern Pacific for their cooperation following the March 25, 1993 earthquake. C) Agripac Annexation Issue - Staff recommended a special meeting for Monday, June 21 st, to discuss the proposed annexation of Agripac. No action was taken by the Council to set a special meeting date. D) Disposition of Stonehedge litigation - Attorney Shields stated that his motions to dismiss the lawsuit were granted by Marion County Circuit Court Judge Erstgaard, however, Stone hedge still has the opportunity to file a notice of appeal within 30 days after entry of the judgment. E) Swimming Pool Renovation Project - Park Director Holly stated that the swimming pool will open at 1 :00 p.m. on June 15th. In addition, he has received a proposed scope of work from consultant Don Carey & Associates which will be reviewed by staff and brought back to the Council at the next regular meeting for Council consideration. F) Chappell Development Proposal for Factory Outlet Development - Community Development Director Goeckritz stated that the developers have notified the City that they will not be pursuing their proposed factory outlet project due to a downturn in the economy in southern California where Chappell Development has its headquarters. G) Building Activity Report - Director Goeckritz stated that the activity level is similar to last year's, however, the City will probably be seeing an increase in building over the next few months. H) Code Enforcement Monthly Report - Director Goeckritz briefly reviewed the data provided in the staff report. Councilor Hagenauer questioned the length of time a vehicle can be parked in the same spot before it is tagged. Director Goeckritz stated that a vehicle can be parked for 72 hours before it violates the city ordinance. Page 8 - Council Meeting Minutes, June 14, 1993 m' - - --.., COUNCIL MEETING MINUTES June 14, 1993 TAPE READING ~ Councilor Galvin stated that the trees that were of a concern last year by the property owner of Barclay Square are doing just fine, however, he questioned the owners placement of vegetation along the fence line as it relates to future maintenance and upkeep since it is within the public right-of-way. Tape 2 Public Works Director Tiwari stated that it is unknown as to what problems might be experienced as the arbovitae grows. He suggested that staff be allowed to pursue a maintenance agreement with the property owner to insure proper upkeep of the shrubbery. In regards to the sidewalk along the property, repairs are the responsibility of the adjoining property owners per the City's sidewalk ordinance. Councilor Figley expressed her enthusiasm regarding the swimming pool project and the need to look at all options before any final decisions are made. 0040 Councilor Mitchell stated that it was an honor to be appointed to represent the citizens in Ward I which is a large voting district within the City. He also understood why the Councilors were interested in a charter amendment since a Council position carries a tremendous amount of responsibility. ~ Mayor Kelley advised the Council that he will be meeting with the Executive Management staff on Wednesday, 9:00 a.m., to discuss employee morale. He invited the Councilors to attend the meeting. Additionally, he requested that a workshop be held on Monday, June 21, 1993, 7:00 p.m., to report on the staff discussion. It was the consensus of the Council to hold a workshop on June 21 st as requested. 0173 ADJOURNMENT. The meeting adjourned at 8:48 p.m.. APPROVED ~ ~ LEN KELLEY, MAYOR ATTEST 11,~ ~ Mary nnant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, June 14, 1993 ~