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Minutes - 09/13/1993 TAPE READING 0001 0003 0022 0022 0044 0055 0065 - COUNCIL MEETING MINUTES September 13, 1993 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OP WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 13, 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 Absent 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, Library Director Sprauer, Police Chief Wright, Public Works Manager Rohman, City Recorder Tennant MINUTES. JENNINGS/SIFUENTEZ... approve the special Council minutes of August 16, 1993, regular & executive session minutes of August 23, 1993 and workshop minutes of August 30, 1993; and accept the Library Board minutes of August 25, 1993. The motion passed unanimously. ANNOUNCEMENTS. The Transportation Task Force will meet on Wednesday, September 15, 1993, 7:00 p.m., at city Hall. A public meeting has also been scheduled for Tuesday, september 14, 1993, 6:30 p.m., Woodburn community Center, regarding the Marion County Solid Waste Management Plan Development. PROCLAMATION. Mayor Kelley proclaimed september 14, 1993 as "Neighbors Make the Difference Day" and urged the community to recognize, support, and commend volunteers of human service programs. CHAMBER OF COMMERCE REPORT. Patrick Vance, Chamber Board member, stated that the monthly Chamber Forum meeting has been changed to a new location and time. Future meetings will be held on the third Monday of each month at noon. The next meeting is scheduled for september 20, 1993, at Yum Wah Restaurant and guest speaker for the meeting is State Representative Patti Milne. Page 1 - Council Meeting Minutes, september 13, 1993 T TAPE READING 0085 0128 - COUNCIL MEETING MINUTES september 13, 1993 Mayor Kelley stated that he had been given a letter from Councilor Mitchell which was signed by several West Woodburn residents offering their volunteer service to keep the median strip along Woodland Avenue maintained. Councilor Mitchell stated that their intent is to pull weeds and place them, along with any litter, in garbage bags that could be picked up by Public Works or Parks. Public Works Director Tiwari stated that he would be willing to work with those citizens on their request. Robert Mill, 1375 Alexandra Court, stated that their neighborhood continues to be plagued with unabated public nuisances which have been caused by the refusal of ai- Mart/Shop N Kart owners to erect a fence or cinder block wall to prohibit people from crossing into private property whether it be the residential area or Hoodview Church of God property. The types of nuisances seen by children and adults on a regular basis include drinking in public, littering, urination, and defecation. Representatives of the neighborhood have met periodically with ai-Mart management in the past but they promise to do something but they never follow through with their promises. The residents in the area are tired of trying to fight a battle with the developers and are asking the City to assist them in getting the problem taken care of. On Friday evening, september 10th, Councilor Hagenauer was made aware of the problem when he attended a neighborhood meeting held at the Church. Wesley Merritt, 1495 Alexander, emphasized the fact that problems addressed by Rob Mill occur on a regular basis. He stated that his property abuts the south side of the ai-Mart development and it is not uncommon to have motorcyclists crossing the berm and driving into his backyard to get over to Alexandra Avenue. Additionally, individuals coming from Shop N Kart sit in his backyard drinking alcohol but they leave his yard by the time the police officers arrive. community Development Director Goeckritz stated that, as a condition of site plan approval, a sound barrier was to be erected when the development extended to the southerly portion of the property. ai-Mart had indicated to the City last year that they would erect a fence until such time as the cinder block wall was required. The City has contacted the developers in the past regarding the problem. Just recently the staff has received a copy of a contract between ai-Mart and security Fence Co. for the installation of a 5 foot chain link fence which they hoped would dissuade people from crossing over to Alexandra Avenue. He stated that the fence might slow the traffic but it won't change the behavior of the people creating the problem. Page 2 - Council Meeting Minutes, September 13, 1993 'I!' TAPE READING 0366 0646 _. COUNCIL MEETING MINUTES September 13, 1993 Rev. Dave Doughtery, Pastor of Hoodview Church of God, commended the neighborhood for working together to try and solve this problem. He suggested that the developers be required to place a 7 foot fence around the south and westerly portions of their property rather than a 5 foot fence in which most people could climb across. Chief Wright stated that the violations being committed have to be witnessed by the officer or witnessed by a citizen who is willing to sign a citizen's arrest. Claudio Lima, 1415 Alexandra Court, stated that he was disgusted with the activities being witnessed by the residents such as public indecency and drinking in public. Bi-Mart had previously assured the neighborhood that they would build a fence but they have not kept their promise. The local residents want to clean-up their neighborhood but the developers are not willing to help them, therefore, they are requesting help from the City. Director Goeckritz stated that the city had contacted Bi-Mart initially and the residents have been doing what they should do to try and solve this problem. The city have asked the developers to police their property and staff met with the owner of Shop N Kart last week who advised the staff that they would do more towards keeping the area clean. The Council questioned the staff on the code requirements for fence height and staff advised them that a 7 foot fence would be allowed in that area. It was the consensus of the Council that Director Goeckritz contact Bi-Mart immediately to recommend the changing of the fence height from 5 foot to 7 foot. Barbara Merritt, 1495 Alexandra, requested that something be done about the noise problem in the early morning hours. She stated that the unloading zone for Shop N Kart abuts their back yard and they move their pallets and metal objects during the middle of the night which wakes up the residents. Additionally, ai-Mart has provided the neighborhood group with letters promising a fence but they have not followed through with their promise. Rob Mill stated that their were approximately 12 residents from the neighborhood present at this meeting. He also provided photographs to the Council as to the amount of litter which accumulates in a very short period of time. CONTINUATION OF PUBLIC HEARING - 573 N. FRONT ST. (POOL HALL). Mayor Kelley opened the hearing at 7:25 p.m.. Director Goeckritz stated that structural framing has been completed and the majority of the work has been done. Since the safety of the building has been secured, staff recommended that this building be removed from the dangerous building list. The public hearing was declared closed at 7:27 p.m.. Page 3 - Council Meeting Minutes, September 13, 1993 I TAPE READING 0713 0784 1087 - COUNCIL MEETING MINUTES september 13, 1993 JENNINGS/FIGLEy.... remove 573 N. Front Street from the dangerous building list. The motion passed unanimously. CONTINUATION OF PUBLIC HEARING - 479 N. FRONT STREET (SMART SHOP BUILDING). The Mayor opened the hearing at 7:28 p.m.. Director Goeckritz stated that engineering plans are currently being reviewed by City and County building officials. Extensive repairs will be required from the footings up to the roof on the east side of the building which will be tied into the remainder of the structure. Staff recommended that this hearing be continued until October 11, 1993. JENNINGS/FIGLEy.... continue the public hearing on the building located at 479 N. Front street until October 11, 1993. The motion passed unanimously. CONTINUATION OF PUBLIC HEARING - 199 N. FRONT STREET (OLD BANK BUILDING). Mayor Kelley opened the hearing at 7:30 p.m.. Realtor David Threefoot, Landmark Realty, stated that very little interest has been shown by prospective buyers. He has met with the owner and they have been discussing the formation of a coalition to see if anyone within the community is interested in preserving the building and potentially purchasing the property. He also stated that he had recently been informed that a relative of Ms. Fives is interested in rehabilitating the building, however, he will not have an opportunity to discuss this with Ms. Fives until she returns from her vacation later this week. Councilor Figley stated that she would prefer that the building be rehabilitated. Even though the engineering report does not indicate that there are any major structural problems, she is concerned about the lack of progress and future deterioration of the building. Mr. Threefoot stated that he would discuss the options with Ms. Fives later this week. JENNINGS/FIGLEY... continue the public hearing on this building until September 27, 1993, 7:00 p.m.. The motion passed unanimously. COUNCIL BILL 1490 - ORDINANCE ESTABLISHING A METHODOLOGY FOR TRAFFIC IMPACT FEES (TIF) AND STORMWATER DRAINAGE SYSTEM DEVELOPMENT CHARGES (SDC). Council Bill 1490 was introduced by Councilor Jennings. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Jennings questioned the interest rate of prime + .05% rather than stating the lowest possible interest rate. Public Works Director Tiwari stated that using a published financial rate provides consistency when quoting interest Page 4 - Council Meeting Minutes, September 13, 1993 'll TAPE READING 1736 -, COUNCIL MEETING MINUTES September 13, 1993 rates to developers interested in the payment plan. The proposed Ordinance also provides the Council with the ability to adjust the interest rate by resolution. Administrator Childs stated that the developer may find that financing the charges on a long-term basis may be more beneficial than on a short-term basis with the City. Discussion was held regarding the need to be consistent in whatever interest level is decided upon and to minimize staff time in administering the program. Finance Director Gritta stated that an alternative financial rate is the T-Bill, however, this rate is generally lower than the prime and the city should not be lending money at an interest rate less than what we get on our own investments. Attorney Shields stated that money owed to the City will be secured by a first lien on the property, however, the property taxpayer must also be assured that the established fees would be paid. He felt that the proposed ordinance does provide the city with the flexibility to administer the program and the necessary security. Councilor Figley suggested that the ordinance provide a definition for prime rate. councilor Jennings also suggested that the ordinance be reviewed every five years rather four since it will take five years to get to the 30% level. JENNINGS/FIGLEY...amend the section 2(H) and section 3(D) (4) by changing every four (4) years to every five (5) years. The motion to amend the bill passed unanimously. FIGLEy/JENNINGS.... amend section 1 by inserting a definition for Prime Rate. The motion to amend passed unanimously. On roll call vote for final passage, Council Bill 1490 passed unanimously. Mayor Kelley declared Council Bill 1490 duly passed. COUNCIL BILL 1491 - RESOLUTION SETTING THE AMOUNTS OF TRAFFIC IMPACT FEES (TIF) AND STORMWATER DRAINAGE SYSTEMS DEVELOPMENT CHARGE (SDC). council Bill 1491 was introduced by Councilor Jennings. The bill was read by title only since there were no objections from the council. councilor Figley questioned if the TIF would be prorated to developers based on actual square footage of the building. Public Works Director Tiwari stated that fee calculations would be based on the exact square footage. Councilor Jennings questioned if a property owner would incur the proposed TIF & SDC's if they are remodeling their business. Director Tiwari stated that if they are remodeling their business and additional traffic flow would be created, they would then pay towards the TIF. Page 5 - Council Meeting Minutes, september 13, 1993 " TAPE READING 2245 2515 2683 2716 - COUNCIL MEETING MINUTES September 13, 1993 Councilor Figley questioned as to when the credits would offset the some of charges to the developers. Director Tiwari stated that credits are only allowed on designated collector and arterial streets and for those streets listed on the CIP list. All other street improvements would be through local improvement districts and property owners building only one residence on an unimproved street would be asked to sign an agreement stating that they would not object to the future formation of a local improvement district. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1491 duly passed. COUNCIL BILL 1492 - RESOLUTION AUTHORIZING A CONTRACTUAL SERVICES AGREENENT WITH OFFICER ALIVE LAW ENFORCEMENT CHAPLAINCY PROGRAM. Councilor Jennings introduced Council Bill 1492. Recorder Tennant read the bill by title only since there were no objections from the Council. Chief Wright introduced Rev. Fred Bassett who provided the Council with background information on the program which has been in existence since 1981. On roll call vote for final passage, the Council Bill 1492 passed unanimously. Mayor Kelley declared the bill duly passed. COUNCIL BILL 1493 - RESOLUTION AUTHORIZING AN AGREENENT WITH THE OREGON STATE POLICE FOR GANG ENFORCENENT SERVICES. Council Bill 1493 was introduced by Councilor Jennings. 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 the bill duly passed. COUNCIL BILL 1494 - RESOLUTION AUTHORIZING AGREENENTS WITH CREDIT BUREAU. INC. FOR EOUIFAX CREDIT INFORMATION SERVICES. Council Bill 1494 was introduced by Councilor Jennings. The bill was read by title only since there were no objections from the Council. Councilor Jennings stated that the Persona agreement should be used for employment purposes only since credit information is sometimes incorrect. Lt. Null stated that the agreement does state that reports will only be used for employment purposes. In addition, the City will also validate the information that is given by Persona. Councilor Mitchell stated that over 99% of the reports provided by the Credit Bureau are correct. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1494 duly passed. Page 6 - Council Meeting Minutes, September 13, 1993 - TAPE READING 2897 2936 3007 3050 Tape 2 0001 0042 - COUNCIL MEETING MINUTES September 13, 1993 COUNCIL BILL 1495 - RESOLUTION ENTERING INTO AN AGREEMENT WITH THB SALEM ARBA TRANSIT DISTRICT FOR STF-8 FUNDING DURING FISCAL YEAR 1993-94. Councilor Jennings introduced Council Bill 1495. 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. The Mayor declared Council Bill 1495 duly passed. COUNCIL BILL 1496 - RESOLUTION AUTHORIZING INTERDEPARTMENTAL BORROWING OF FUNDS DURING FISCAL YEAR 1993-94. Council Bill 1496 was introduced by Jennings. The bill was read by title only since there were no objections from the Council. Administrator Childs advised the Council that the fiscal year 1992-93 as shown in the bill under section 1 will be corrected to read 1993-94 which is consistent with the years shown in the title. On roll call vote for final passage, Council Bill 1496 passed unanimously. Mayor Kelley declared the bill duly passed. BID AWARD - USED 4-DOOR SEDAN FOR PUBLIC WORKS. Bids were received from the following automobile dealerships: Miles Chevrolet, $8,494.89; Hubbard Chevrolet, $8,690.95; Hubbard Chevrolet, $10,453.96; and Hubbard Chevrolet, $11,194.71. Staff recommended the purchase of a 1992 Chevrolet Corsica from Miles Chevrolet which met the specifications and is in excellent condition. JENNINGS/FIGLEY... approve the purchase of a 1992 Chevrolet Corsica from Miles Chevrolet in the amount of $8,494.89. The motion passed unanimously. REQUEST TO APPLY FOR BUREAU OF JUSTICE ASSISTANCE GRANT. Chief wright requested permission to apply for a federal grant which would fund 50%-75% of newly hired police officer salaries and benefits for pursuing the community policing program. This grant is a result of President Clinton's promise to put more police officers on the streets and make neighborhoods a safer place. JENNINGS/SIFUENTEZ.... pursue the grant application. The motion passed unanimously. CLAIMS FOR THE MONTH OF AUGUST 1993. SIFUENTEZ/GALVIN.... approve voucher checks #19822 - #20106 for the month of August 1993. The motion passed unanimously. Betty pierce requested that the Councilors speak more directly into the microphones since it is difficult hearing what is being said in the middle of the Council Chambers. Administrator Childs stated that the staff has had a local Page 7 - Council Meeting Minutes, September 13, 1993 - TAPE READING 0112 0153 0166 0337 --. COUNCIL MEETING MINUTES September 13, 1993 electronics firm looking into the problem, however, it may require the purchase of new microphones to solve this problem. He suggested that the Councilors speak more directly into the microphones. CABLE TV ACCESS ADVISORY BOARD REQUEST. Based on discussions held during the workshop, JENNINGS/FIGLEy.... Council encourage the Cable TV Access Committee to proceed with vigor its incorporation papers and to proceed with the purchase of cable tv equipment following the City's purchasing procedures. The motion passed unanimously. STAFF REPORTS. The following staff reports were provided to the Council: 1) Attorney Shield's memo regarding the conclusion of the Stonehedge properties case; 2) Building Activity report for August 1993; 3) 1993 League of Oregon cities Conference - November 6-9; and 4) Coliform in City Water during August 1993 exceeded maximum MCL and required notices were made - no positive samples have ever contained any fecal or E. Coli bacteria and the water continues to be safe to drink. Councilor Jennings questioned the 9-1-1 User Board minutes regarding the ORS 190 agreement and the inability of the Manager to hire and fire without the Board's confirmation. Chief Wright stated that the agreement is in its draft stages and the policy direction of the User Board can still be changed. He stated that he will further discuss this issue with the Board and he suggested that if Councilors had any other concerns, they let him know as soon as possible. Councilor Jennings also suggested that the barricades in front of the Salud Medical Clinic be removed if the Council accepted what Director Nunez stated at the August 23rd meeting since the barricades are taken down every day by pedestrians. JENNINGS/ .... remove the barricades and clean-up the area. The motion died for lack of a second. Public Works Manager Rohman stated that the street Department does put the barricades in place at the start of each day. Mayor Kelley stated that the city needs to do something about Salud's building situation. Mayor Kelley questioned the Council if they were able to provide him names of individuals willing to serve on the citizen's Review Commission. Councilor Jennings stated that he had questioned the intent of reactivating this commission when there does not seem to be a problem. He distributed copies of the Ordinance for Council Page 8 - Council Meeting Minutes, September 13, 1993 'Il' TAPE READING 0553 0560 0600 ATTEST ,- ......", COUNCIL MEETING MINUTES September 13, 1993 review and determination as to whether or not appointments should be made to the Commission. Attorney Shields stated that the federal government was involved with the initial drafting of the ordinance, however, he suggested that a staff report be submitted to the Council at their next meeting on this issue. Councilor Sifuentez stated that she was working with a group of Freshmen students (Oregon leadership group) and she was looking for ideas that would involve these student to build their pride towards the community. Councilor Figley suggested that these students could assist other students who repaint graffiti on buildings soon after it has been spray painted on by members of local gang groups. Mayor Kelley stated that he has also procured a site for the proposed Veteran's Home which would bring 107 new jobs to the area and provide 141 beds to veterans. He will bring more information back to the Council at a later date. EXECUTIVE SESSION. JENNINGS/FIGLEy.... adjourn to executive session under the authority of ORS 192.660(1) (e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. The motion passed unanimously. The Council adjourned to executive session at 8:52 p.m. and reconvened at 9:33 p.m.. FIGLEy/JENNINGS.... public hearing be set for the purpose of considering an offer made by the Woodburn School District for the purchase of park property. JENNINGS/FIGLEY... amend the motion to hold the public hearing on October 25, 1993. The motion to amend passed unanimously. The motion as amended also passed unanimously. ADJOURNMENT. The meeting adjourned at 9:35 p.m.. APPROVED ~ ~ LEN KE EY, MAYOR j1~ ~. Mary~nnant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, September 13, 1993 'lI'