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Minutes - 07/26/1993 - TAPE READING 0001 0003 0022 0021 0053 0070 0093 --- COUNCIL MEETING MINUTES July 26, 1993 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 26, 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 Present Present Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Finance Director Gritta, Park Director Holly, Public Works Manager Rohman, City Recorder Tennant MINUTES. JENNINGS/FIGLEY... approve the Council minutes of July 12 and workshop minutes of July 7, 1993. The motion passed unanimously. ANNOUNCEMENTS. A public auction has been scheduled for July 31, 1993, 8:00 a.m., City Hall parking lot, for the purpose of selling abandoned/surplus city property which includes bicycles, vehicles, and other miscellaneous property. National Neighborhood Night Out will be held on August 3, 1993 and local residents are encouraged to participate in this crime prevention program. CHAMBER OF COMMERCE REPORT. Susan King, Chamber Board member, stated that the Chamber is working on the final details of their annual auction which is scheduled for August 21, 1993 at the Woodburn Auction Yard. Chamber members are currently soliciting for donations and volunteers. LETTERS FROM LOCAL INSURANCE AGENTS RE: AGENT OF RECORD. Mayor Kelley stated that he had received three letters from local agents (Mendenhall Insurance, Scarborough Insurance, and Pacific Rim Agency) late this afternoon regarding the Page 1 - Council Meeting Minutes, July 26, 1993 It' TAPE READING 0157 0430 ....-..., COUNCIL MEETING MINUTES July 26, 1993 formation of a consortium to provide an Agent of Record service to the City. CONTINUATION OF PUBLIC HEARING - DANGEROUS BUILDING (237 N. FRONT STREET). The Mayor continued the public hearing at 7:07 p.m.. Community Development Director Goeckritz stated that BAHAI representative Jan Newhouse had advised staff that the loose bricks would be removed the weekend of July 24th, however, his personal observation was that the amount of bricks removed was inadequate for the purpose of removing the building from the dangerous building list. Councilor Jennings expressed his concern regarding the continued extensions be granted to property owners. Local residents and business owners in the downtown area are questioning when the repair work will finally be accomplished. HAGENAUER/JENNINGS... take 237 N. Front Street (BAHAI building) off of the dangerous building list. Councilor Sifuentez questioned the advisability of taking this action prior to the work be accomplished. Community Development Director Goeckritz stated that leaving the building on the dangerous building list insures the completion of the repair work. If the building was removed from the list, a public notice process would be required to place it back on the list. Attorney Shields stated that the one of the issues involved in determining whether or not a building is dangerous is whether or not it will structurally collapse. Councilor Figley stated that some of the buildings were repaired quickly while others are taking more time for various reasons such as structural design or financial. She felt compelled to keep the buildings on the dangerous building list in order to insure their cooperation towards the repair of their buildings. After some further discussion on this issue, the vote on the motion was 2-4 with Mitchell, Figley, Sifuentez, and Galvin voting nay. FIGLEY/SIFUENTEZ... continue the public hearing until August 9, 1993, 7:00 p.m.. The motion passed unanimously. CONTINUATION OF PUBLIC HEARING - DANGEROUS BUILDING 573 N. FRONT STREET (POOL HALL). Mayor Kelley continued the public hearing at 7:16 p.m.. Community Development Director Goeckritz stated that the current situation regarding the repair of this building is not entirely the fault of the property owner. The property owners will still be required to meet current code and structural repairs will be made as to not jeopardize the adjoining structures. He recommended that this hearing be continued to August 23rd at which time the property owners should be well Page 2 - Council Meeting Minutes, July 26, 1993 ~ - TAPE READING 0547 0611 0655 --.... COUNCIL MEETING MINUTES July 26, 1993 underway with the repairs. Following a brief discussion, JENNINGS/FIGLEy.... public hearing be continued until August 23, 1993, 7:00 p.m.. The motion passed unanimously. CONTINUATION OF PUBLIC HEARING - DANGEROUS BUILDING 479 N. FRONT STREET (SMART SHOP). Mayor Kelley continued this public hearing at 7:21 p.m.. Director Goeckritz stated that the property owner has secured a Small Business Administration loan and he has contacted Triplett & Wellman Contractors, Inc. to repair the building. It is anticipated that the building will be completed within the next six weeks. He recommended that this hearing be continued until August 23, 1993. JENNINGS/FIGLEy.... continue the public hearing until August 23, 1993 at 7:00 p.m.. The motion passed unanimously. Councilor Jennings questioned the status of the Salud Medical Clinic building. Director Goeckritz stated that he had recently spoke with Executive Director Al Nunez on the status of this building, however, it was still unknown as to what the Clinic's plans are as of this date. Administrator Childs stated that the continuation of the public hearing on this particular building will be held in August. PUBLIC HEARING - STORM WATER SYSTEMS DEVELOPMENT CHARGE AND TRAFFIC IMPACT FEE. Mayor Kelley declared the public hearing open at 7:24 p.m.. Public Works Director Tiwari stated that the City currently has Water, Wastewater, and Park system development charges which have been in place for a number of years. Oregon State law also allows for system development charges for storm water and transportation (traffic impact). He stated that system development charges can only be assessed to buy into the capacity of a system either an existing one or one to be built. He also recommended that after the testimony is presented to the Council at this meeting, the public hearing be continued until the next regular meeting so that a draft ordinance can be prepared based on Council policy issues discussed at this meeting. The public would then have an opportunity to present additional testimony on the SDCcharges based on the policies addressed in the draft ordinance. A legal question was directed towards City Attorney Shields regarding the preparation of an ordinance prior to the close of the public hearing. Page 3 - Council Meeting Minutes, July 26, 1993 II" TAPE READING 2167 ~ COUNCIL MEETING MINUTES July 26, 1993 Attorney Shields stated that a draft ordinance could be prepared, however, Council action on the ordinance should be delayed until the meeting following the public hearing. Don Ganer, Consultant, summarized the methodology report which was presented to the Planning Commission for their review and to the Council at their July 7th workshop. He stated that the Traffic Impact Fee would provide a portion of the funding for future roads only and it is recommended that the fees be phased-in over a three year period. The first year would be 50% of the maximum allowable charge, the second year would be 58% and the third year 66%. Director Tiwari stated that establishing the fees is one of the policy issues to be addressed by the Council. Other issues include 1) Payment of charges, 2) Alternative traffic impact fee or system development charge rates, and 3) credits against the traffic impact fee or storm water system development charge. It was noted that the payment of charges over a five year period only applies to fees which exceed $100,000 and interest would be charged on any unpaid principal balance. Mr. Ganer reviewed the staff report exhibits which provided various land use categories, the maximum allowable traffic impact fee, and the cost breakdown by each percentage level as recommended by staff. It was noted that the storm water system development charge is based on increments of 500 feet and rather than specific categories of land use. He also compared system development charges from other surrounding cities and counties to the recommended charges. Preston Tack, 2197 Camilla Way, requested clarification on how the shortage of dollars will be made up to construct all of the improvements required under the proposed Transportation Plan. He expressed his concern regarding the need for the existing property owners to come up with the difference in construction costs. Floyd Lenhardt stated that he has owned a local business for 31 years and his concern is that small businesses will suffer from the proposed charges. Small businesses will be unable to get started due to the high fees, therefore, jobs will be affected. Those who can afford to pay the fees will be the big corporations. He also stated that the State legislature is proposing a 3 cents per gallon fuel tax increase of which 40% will be given back to the cities. He suggested that those additional funds be used to fund street improvements. Gilbert Flaughers, 1352 Astor Way, stated that the impact fee was not fair to the existing property owners and the amount charged to new development should be 100% of the maximum allowable fees. Jay Equall, 1705 Tomlin, expressed his concern regarding the long-range impact to the City property owners. He suggested that these fees are prejudice against small businesses and the Page 4 - Council Meeting Minutes, July 26, 1993 ... TAPE READING Tape 2 0433 0507 ~ COUNCIL MEETING MINUTES July 26, 1993 schools. He also suggested that the Task Force and City re- evaluate the Transportation Plan to arrive at a more equitable funding source. Public Works Director Tiwari stated that a letter was received from Terry Will expressing concern regarding prior system development charges not being paid back through the subsidy program. In his opinion, this coupled with the shortage of estimated revenues in city gas tax and hotel/motel tax funds would be insufficient dollars necessary to pay for long-range construction projects. He suggested further research be made into different financial alternatives to raise necessary construction funds. Director Tiwari answered questions raised by the individuals and reiterated that the Transportation Plan forecasts for 20 years and collection of fees at this time will help fund those future projects outlined in the Capital Improvement program. The Task Force has only looked at the 1-5 interchange area and will still need to look at the rest of the City's transportation flow before the Transportation Plan is completed. He also reviewed the estimated total cost for capital improvements and how much funding could be realized from system development charges, state funds, and other city sources. He reiterated that each development, whether housing, commercial, or industrial, would be charged the same proportion as the traffic load generated. During a brief discussion on charges imposed by other cities and counties, Mr. Ganer stated that some communities have placed a cap on charges for certain developments but he did not recommend this type of approach due to potential legal challenges. JENNINGS/FIGLEY.. . continue the public hearing until the next regular meeting. The motion passed unanimously. COUNCIL BILL 1485 - ORDINANCE ANNEXING AND RECLASSIFYING CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF BOONES FERRY ROAD AND NORTH OF THE HIGH SCHOOL FROM MARION COUNTY URBAN TRANSITION ZONE TO RESIDENTIAL SINGLE FAMILY. Council Bill 1485 was introduced by Councilor Hagenauer. Recorder Tennant read two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1485 passed unanimously. Mayor Kelley declared the bill duly passed. COUNCIL BILL 1486 - ORDINANCE GRANTING PORTLAND GENERAL ELECTRIC A NON-EXCLUSIVE FRANCHISE TO OPERATE A ELECTRIC LIGHT AND POWER SYSTEM WITHIN THE CITY. Council Bill 1486 was introduced by Councilor Hagenauer. The Page 5 - Council Meeting Minutes, July 26, 1993 IIr TAPE READING 0553 0587 0597 0650 ---..., COUNCIL MEETING MINUTES July 26, 1993 two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1485 passed unanimously. Mayor Kelley declared the bill duly passed with the emergency clause. COUNCIL BILL 1487 - RESOLUTION ESTABLISHING THE 1993-94 NON- UNION EMPLOYEE COMPENSATION PACKAGE. Council Bill 1487 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, the bill passed unanimously. Mayor Kelley declared Council Bill 1487 duly passed. REQUEST FOR STREET CLOSURE AND SOUND AMPLIFICATION PERMIT - CRAZY DAZE ACTIVITIES. The Woodburn Downtown Association has requested permission to close the City downtown parking lot and First Street from Garfield south to Grant Street on July 31st between 7:00 a.m. and 6:00 p.m. to conduct numerous events associated with Crazy Daze. Additionally, a sound amplification permit was requested for the races and talent show to be held at that location. The Police Department recommended approval of the requests. JENNINGS/FIGLEY... request for street closure and use of sound amplification equipment be approved. The motion passed unanimously. CLAIMS FOR THE MONTH OF JUNE 1993. SIFUENTEZ/GALVIN... approve voucher checks #19090 - 19518 for the month of June 1993. The motion passed unanimously. LETTER FROM WOODBURN FIRE DISTRICT RE: EXTENSION OF BOND PAYMENT. Administrator Childs read a letter from Board Chairman Neal Reiling requesting a one month extension in making their annual general obligation bond payment to the City due to a shortage of cash flow until the property tax monies are received by the district. Administrator Childs stated that he and Finance Director Gritta have reviewed the request and would recommend that one half of the annual interest ($3,150) be paid by September 15th which is the annual due date and the remaining principal and interest balance ($48,150) be paid no later than October 15, 1993. With this arrangement, the City would lose approximately $157 in interest earnings. He suggested that if Page 6 - Council Meeting Minutes, July 26, 1993 ~ If TAPE READING 0799 0829 1445 1648 1980 '-, COUNCIL MEETING MINUTES July 26, 1993 approved, this agreement be for one-time only. JENNINGS/HAGENAUER.... accept the Administrator's recommendation and accept the one-month delay for this one- time only. The motion passed unanimously. SITE PLAN REVIEW - FLEETWOOD HOMES EXPANSION. Community Development Director Goeckritz stated that the proposed expansion has been approved by the Planning Commission and would include a 5,000 square foot addition to the facility and site improvements such as paving the parking areas. The Council took no action on this issue. PUBLIC CONTRACTING PROCEDURE. City Attorney Shields provided the Council with a memo on the question of property insurance renewal through the City's Agent of Record and its relationship to the Contract Review Board rules. Mayor Kelley questioned whether or not the City had an Agent of Record since the contract on file is with Alexander & Alexander, Inc. who in December 1992 turned our account over to Durham and Bates. He expressed his opinion that the City must advertise for a new Agent of Record. Attorney Shields stated that he had written his memo based on what he thought the issue was at the last meeting, however, the Agent of Record issue now being addressed by the Mayor is different and he would have to do additional research on this issue in order to provide a legal opinion. Following some additional discussion on this issue, it was the consensus of the Council that Attorney Shields provide an opinion on whether or not the City has a legal Agent of Record. WATER CONTAMINATION REPORT - UPDATE #5. Public Works Manager Rohman advised the Council that the coliform bacteria problem in the Country Club Road area has been resolved. It did require extra chlorination and all samples are now negative. Public notices will still need to be sent to all water customers advising them of the incident no later than August 2, 1993. MID-YEAR REVIEW OF GOALS. Administrator Childs reviewed his memo which outlined numerous goals and the status of those goals. No action was taken by the Council on this report. Councilor Figley stated that a group of individuals had met last Wednesday to discuss the status of the downtown business district and ways to improve the area. Results of the meeting Page 7 - Council Meeting Minutes, July 26, 1993 Ir TAPE READING 2100 2206 ATTEST ---.... COUNCIL MEETING MINUTES July 26, 1993 were favorable with creative and productive ideas being discussed. The next Woodburn Comeback Campaign meeting will also discuss this issue and the Council will receive a staff report on the progress of the group at a later date. Administrator Childs commended Public Works Manager Rohman for the way in which he has handled public relations side of the water contamination issue. He also thanked the community- spirited group which provided a luncheon for City and Fire District employees a luncheon on Friday, July 23rd. Councilor Jennings also expressed his appreciation to the group for providing the luncheon. He stated that lunch breaks were alternated so all employees had an opportunity to attend. Organizers of the function also obtained donations from local community organizations and businesses for door prizes. ADJOURNMENT. The meeting adjourned at 9:40 p.m.. APPROVED LEN KELLEY, MAYOR Mary Tennant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, July 26, 1993 ...