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Minutes - 10/25/1993 TAPE READING 0001 0003 0022 0018 0043 0130 - ~, COUNCIL MEETING MINUTES October 25, 1993 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 25, 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, Park Director Holly, Library Director Sprauer, Police Chief wright, 9-1-1 Communications Director Wolf, City Recorder Tennant MINUTES. JENNINGS/FIGLEy.... approve Council workshop minutes of October 4, the regular and executive session minutes of October 11, and the special and executive session minutes of October 18, 1993; and accept the Planning commission minutes of October 14, 1993. The motion passed unanimously. Councilor Mitchell suggested that the Mayor and Council reports be placed on the first part of the Council's agenda so that information can be shared within interested citizens in attendance at the meeting or through the Cable TV broadcast. Councilor Mitchell encouraged local residents to contact their Councilors regarding their feelings on the issue of whether or not the City should pursue the placement of a Veteran's Home within the Woodburn area. He expressed his endorsement of this proposed project citing the creation of new jobs and potential increase of business activity within the community in addition to providing a much needed care facility in Oregon for veterans. Barbara Lucas, 214 E. Clackamas CI, stated that the Senior Estates Neighborhood Association Board will be meeting at the Clubhouse on Saturday, October 30th, at 2:00 p.m.. She invited Councilors Mitchell, Figley, and Galvin to attend the meeting to discuss issue recognition of their association and traffic problems in senior Estates. Page 1 - Council Meeting Minutes, October 25, 1993 r TAPE READING 0180 0392 0550 -, COUNCIL MEETING MINUTES October 25, 1993 PUBLIC HEARING - ZONE CHANGE REQUEST #93-03 - property Located North of Youna street and east of Beritaae ADartments. Mayor Kelley declared the public hearing open at 7:08 p.m.. Following his reading of the required land use statement, Community Development Director Goeckritz reviewed the application submitted by Earl Doman requesting a zone map amendment from Residential single Family to MUlti-Family residential. The comprehensive plan map currently designates the property as mUlti-family. The Planning commission has recommended approval of the zone map amendment. When development is pursued by the property owner, plans and site plan approval will be necessary before any new construction or alteration takes place on the site. Earl Doman, applicant, expressed his concurrence with the staff's report. Mayor Kelley closed the public hearing at 7:14 p.m.. JENNINGS/FIGLEy.... approve the recommendation of the Planning commission. The motion passed unanimously. CONTINUATION OF PUBLIC BEARING - DANGEROUS BUILDING AT 199 N. FRONT STREET (Old Bank Bui1dina). Mayor Kelley continued the public hearing at 7:15 p.m.. Nora Fives, owner of the property, stated that her brother is purchasing the building and he has been out from Kansas to inspect the property and work with the engineers to design the necessary plans for rehabilitating the building. Some repairs will begin within the next three weeks, however, it will probably take four or five months to complete the project. At this time, the new owner's plan is to completely renovate the interior of the building and make it into a couple of apartments. She requested that the building be removed from the dangerous building list so that construction work can begin whenever approval is given by the City and County. Councilor Figley reminded Ms. Fives that their main concern is to not allow the building to deteriorate to a point where public safety is jeopardized. FIGLEy/JENNINGS.... continue the public hearing on this building until the second meeting in November (November 22, 1993) . Director Goeckritz stated that maintaining this building on the dangerous building list will insure the property owner's compliance and the building will be removed from the list when the work is completed. Construction can be accomplished while the building is on the list. The motion to continue the hearing passed unanimously. PUBLIC BEARING - CONSIDERATION OF SALE OF REAL PROPERTY TO TBE WOODBURN SCHOOL DISTRICT. Mayor Kelley declared the public hearing open at 7:21 p.m.. Page 2 - Council Meeting Minutes, October 25, 1993 or' TAPE READING 0954 0971 - COUNCIL MEETING MINUTES October 25, 1993 Administrator Childs stated that the City has received a written offer from the School District to purchase 5.03 acres of land (Lots 3 and 4) located within Glatt Subdivision which is adjacent to the high school. The property also lies in between land currently owned by the School District and it is the District's intent to expand their facility as soon as a bond measure is passed by the voters. The offer is for a cash sale in the amount of $137,430, less the City's share of closing costs, and the School District would assume the obligation of the existing infrastructure liens. Under state law, the City did have the option to sell the property to the School District without following the public hearing process, however, the Council elected to receive public input on the potential sale. In regards to the proceeds from the sale, funds must be returned to the Park Acquisition & Development Capital Improvement Fund since the property was originally secured from the developers of Tukwila as part of the land in- lieu-of cash requirement of the park dedication ordinance. It is recommended that not less than $66,350 of the proceeds be dedicated to the Aquatic center and the balance be dedicated to Centennial Park. This distribution of the proceeds will guarantee the City's 25% matching share of the pool renovation project and the balance will fund infrastructure costs to the Park while donations of money, labor, and materials will complete Phase I of the project. The property was last appraised in 1990 at $101,000 and the amount per acre offered by the District is the same as what they paid Chemeketa in August 1993 for their property. The property was originally secured as a proposed aquatic and fitness center site, however, the recreational district concept was not approved by the voters and the City has no practical use of the property at this time. It is the intent of the City to renovate the swimming pool at its current site rather than relocating it to a new area. No one in the audience spoke either for or against the proposed sale of the property. Mayor Kelley declared the public hearing closed at 7:32 p.m.. JENNINGS/SIFUENTEZ.... accept the School District's offer and make a finding that this property is no longer needed for public use by the City and direct the staff to follOW-Up on the details of the sale. On roll call vote, the motion passed unanimously. HIGHWAY 99E SIDEWALK COST ALLOCATION (TABLED BUSINESS). JENNINGS/SIFUENTEZ.... remove this issue from the table. The motion passed unanimously. Public Works Director Tiwari stated that he has completed the negotiations with the State Transportation Department (ODOT) regarding the funding of the sidewalks installed as part of the Highway 99E improvement which were not in existence when Page 3 - Council Meeting Minutes, October 25, 1993 l' TAPE READING 1169 '.............. COUNCIL MEETING MINUTES October 25, 1993 the project first began. The initial agreements between the City and ODOT required the City to pay $63,000 towards the cost of new sidewalks which, in turn, would be assessed to the benefitted property owners at the close of the project. The state's right-of-way agents were not fully aware of the agreement made between the agencies or understand the special assessment process which led some property owners to believe that there would be no cost to them for the sidewalk or road improvements. The state has agreed to absorb 90% of the sidewalk improvement cost paid by the City ($56,700) and the city will pay 10% ($6,300). Their would be no charge to the property owners if this proposal from the state is accepted by the Council. Director Tiwari stated that ODOT did an excellent jOb in designing and improving the infrastructure and traffic flow of the highway at an approximate cost of $3 million. JENNINGS/FIGLEy.... accept the formula negotiated between ODOT and staff and authorize the Mayor to send a letter to ODOT expressing the City'S appreciation for their cooperative approach in resolving the problem. The motion passed unanimously. CITIZEN'S REVIEW COMMISSION (TABLED BUSINESS). MITCHELL/ .... remove this issue from the table. The motion died for lack of a second. Councilor Mitchell expressed his displeasure in that the item was not brought up for discussion even though the full Council was not present at the meeting. He questioned Attorney Shields as to how long this issue would remain on the agenda. Attorney Shields stated that the issue would continue to appear on the agenda until such time as the Council takes some action on the issue. Councilor Figley stated that it was her intent to bring up an new business agenda item that is somewhat related to this issue. Mayor Kelley stated that there is an ordinance on the books and all members of the public should be able to make their statements known to the Council. JENNINGS/FIGLEY... call for orders of the day and move on with the agenda. Councilor Mitchell expressed his disappointment with Councilors not fully communicating with each other. It was noted that item 12 of the agenda (Public Comment) still gives the public an opportunity to comment on items of concern before any New Business (item 13) is discussed. Mayor Kelley requested individuals appointed to the Commission to stand. He stated that he has asked Councilors in the past to submit names to him for appointment consideration and he has only received one name during his tenure in office. Page 4 - Council Meeting Minutes, October 25, 1993 n TAPE READING 1455 1487 1577 -, COUNCIL MEETING MINUTES October 25, 1993 COUNCIL BILL 1500 - RESOLUTION ENTERING INTO A LETTER AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL QUALITY FOR ILLEGAL DRUG LAB CLEAN-UP. Council Bill 1500 was introduced by Councilor Sifuentez. 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 1500 duly passed. CONTRACT AWARD - HARDCASTLE AVENUE SIDEWALK IMPROVEMENT. Bids were received from the following contractors for the replacement of sidewalks between Highway 99E and Gatch street: Gelco Construction, $29,972.68; Axis Curb, $36,790.50; and Brock Construction, $38,360.00. A bid was also received, but rejected, from Mocon Corporation in the amount of $31,116.50. JENNINGS/FIGLEY... accept the recommendation of the Public Works staff and award the contract to Gelco Construction in the amount of $29,972.68. Public Works Director Tiwari stated that bids were sent to local contractors but none were received. state law requires the City to award bids to the lowest responsible bidder and no favors are allowed to anyone. The motion to award the contract passed unanimously. CONTRACT AWARD - PORTABLE RADIOS. The Public Works staff recommended the purchase of 22 portable radios and specified accessories to Questar Radio Communications in the amount of $12,727.00. Other bids received were as follows: Clackamas Communications, Inc., $12,850.00; Bear Communications, Inc., $13,790.71; and Electromatic, $15,947.00. The bidders bid a Motorola HT-1000 radio which complied with the City'S specifications. Councilor Jennings questioned the warranty issue which was addressed to the Council through a letter from Clackamas communications citing that they are the only authorized dealer to service Motorola radios. He expressed his concern as to who would be able to service the radios after the warranty period has expired if the only authorized dealer for service maintenance is not the company that the radios were purchased from originally. Public Works Director Tiwari stated that once the warranty has expired, the city will have to enter into a maintenance agreement, however, the maintenance agreement was not part of the bid process. Attorney Shields stated that he could review the specifications to determine if the bidders met the specifications. Director Tiwari stated that in order to specifically respond to the warranty issue, he would need to research the bid specifications. Page 5 - Council Meeting Minutes, October 25, 1993 ,. TAPE READING 1959 2078 2113 2325 COUNCIL MEETING MINUTES October 25, 1993 Administrator Childs stated that the letter from Clackamas Communications was hand delivered to his office late today and was addressed to the Mayor and Council. The staff was not aware of the contents until the Council opened their letter and advised staff of the company's concerns. SIFUENTEZ/FIGLEy.... staff bring back information on the bid specifications, maintenance contract, and the vendor's ability to provide maintenance. The motion passed unanimously. SWIMMING POOL SCHEMATIC DESIGN. Park Director Holly stated that the Pool Committee has continued to meet and are now breaking up into various groups to try and promote the funding of the pool. A meeting with the public to discuss this issue has been tentatively scheduled for November 9th at 7:00 p.m. in the City Hall Council Chambers. Don Carey, Pool Consultant, stated that the blueprints and specifications will soon be completed, however, additional community input is necessary before the design is finalized. He stated that he would bring the schematic design to the Council at their last regular meeting in November for their review. TRANSFER OF FIRE DEPARTMENT RETIREMENT FUNDS. The original annexation agreement with the Rural Fire District provided for the transfer of employer paid retirement funds from Pacific Mutual to the Public Employees Retirement System (PERS) on behalf of fire department personnel. The subsequent agreement between PERS and the Fire District provided for a 10-year payout of the funds which expires June 30, 1994. Pacific Mutual has advised the City that they are willing to close the subaccount and transfer the funds to PERS upon authorization from the City without any pre-payment penalties. JENNINGS/SIFUENTEZ.... authorize the transfer of the remaining retirement funds within the city's sub-account maintained by Pacific Mutual to the Public Employee's Retirement System. The motion passed unanimously. Preston Tack, 2197 Camilla Way, expressed his opinion that the Councilors, who took an oath of office, were not upholding the City ordinances or charter by neglecting the appointment of members to the citizen's Review Commission. He urged the Council to reactivate the Commission. Shirley Radamaker, 1395 Thompson Rd., expressed her op1n1on that citizens who are willing to volunteer their time to serve on the citizens Review Commission are interested in the democratic way of life. She felt that this commission could be a useful and positive adjunct to the community by serving the needs of all its citizens. Page 6 - Council Meeting Minutes, October 25, 1993 If TAPE READING 2378 2781 -- COUNCIL MEETING MINUTES October 25, 1993 Nancy Kirksey, 1049 McKinley, and Margarita Garcia, 512 N Third, stated that they were both on the original commission which was established to ease the tension and hostility between certain groups following a shooting of a hispanic by a police officer. The intent of the ordinance was to give all the people within the community equal access to different departments and to try and alleviate any problems at an early stage. Nancy Kirksey also stated that, in her opinion, the intent of the ordinance was to assure all individuals that they would not be discriminated against, however, she felt that this ordinance was being revived for reasons other than what was originally intended. She also suggested that the Council talk to former members of the Commission to see why they stopped meeting. Margarita Garcia also stated that there must be a diversity on the Commission if it is appointed, however, she did not see any Hispanic individuals stand-up when the Mayor requested that his appointed members stand-up. Mayor Kelley stated that this issue was brought before the Council when Bill costine was Mayor. Also, he stated that, in his opinion, the ordinance was intended as a human relations commission. He also stated that he had appointed a hispanic to the commission, however, she was unable to attend the meeting. He felt that the composition of the commission did provide diversity. Nancy Kirksey stated that she should have corrected Ms. Garcia's statement in that she was a member of the City Council when the Commission was formed and that the major intent was for race relations. She also suggested that the Department of Justice be contacted to mediate the current situation. Preston Tack stated that the ordinance may have started out in one direction but was amended by Ord. 1946 to promote improved communications, understanding, and cooperation between all racial, ethnic and religious groups. Councilor Figley stated that she would be making two motions to allow Councilors an opportunity to vote on each issue. She recounted the original incident which brought about the need for the ordinance and her feelings as to why their was a need for this type of ordinance. She stated that she felt that the Mayor's insistence on reactivating this Commission was to appoint a committee that would substitute for a Council that does not agree with him and that is not her idea of what a citizens Review Commission should be. The first motion would be to repeal Ord. 1865 and the second motion would be to have the staff draft an ordinance establishing a Human Rights Commission which would be advisory in nature. This would mandate the Mayor, council, and staff to take appropriate action when required rather than leaving it to the Commission to make those decisions. Page 7 - Council Meeting Minutes, October 25, 1993 l' COUNCIL MEETING MINUTES October 25, 1993 TAPE READING FIGLEy/JENNINGS.... staff draft an ordinance to repeal Ordinance 1865. Tape 2 Councilor Mitchell stated that this motion should not be voted on until all Councilors are in attendance as so determined at the last Council meeting. Councilor Figley stated that she had brought this issue up at this meeting because she had previously talked to Councilor Hagenauer who had advised her that he agreed with the contents of her motions. She stated that she is more than willing to have this issued tabled until a later date, however, she felt that the pressure had been mounting which required some other alternative to the problem. The Councilors continued to debate the issue and discuss options which would make the concept of a Human Rights Commission workable. Discussion was also held regarding the feasibility of drafting one ordinance that would establish the Human Rights Commission and repeal Ordinance 1865 at the same time. Councilor Mitchell reiterated his desire to appoint the committee as proposed by the Mayor to whatever Commission is enacted. The Mayor reviewed concerns that he receives from citizens every day on numerous subjects that could be handled by a citizens Review Commission. 0353 Nancy Kirksey stated that the motion would only authorize staff to prepare an ordinance which would be voted on at a subsequent meeting. She also expressed her opinion that it should be labeled as a Human Rights Commission to deal with specific issues. Barbara Lucas also agreed with the Human Rights Commission but she felt that some of the issues addressed by the Mayor are a result of growth within the City which also needs to be addressed by the Council. Preston Tack suggested that the current ordinance be renamed to Human Rights Commission rather than making changes to the current language of the ordinance. He felt that the Commission should have an opportunity to operate under the current language and grow into the type of Commission that would serve this community the best. Mike Bizon stated that he is not in total agreement with the discussion at this meeting. The motion to draft an ordinance to repeal Ordinance 1865 passed unanimously. 0556 FIGLEy/JENNINGS.... staff prepare and ordinance to establish a Human Rights Commission to be composed of nine members, of which there is one from each ward and 3 members at large, with an effort to have them representative of the community according to age and national origin. The purpose of this committee is primarily to review complaints and advise staff, City Council, or whomever necessary regarding possible violations or unequal service treatment, or discriminatory issues that cause human rights problems. The Commission would Page 8 - Council Meeting Minutes, October 25, 1993 If - COUNCIL MEETING MINUTES October 25, 1993 TAPE READING also be allowed to examine how this community might handle these issues better, in particular, in light of national origin. The Commission would also be advisory in nature. Councilor Mitchell stated that the list of names be made part of the ordinance. Councilor Figley stated that she did not feel that individual names not be listed in the ordinance but is willing to review the list and see how they match up with the criteria. Mayor Kelley stated that the list of names is very diverse and no one area is overloaded. Following more discussion on the composition of the commission, the Mayor called for a roll call vote in which the motion passed unanimously. 0761 SITE PLAN REVIEW. The Planning Commission has approved, with conditions to each application, the follow site plans: Oregon Golf Association (OGA) Planned Unit Development #93-01/Subdivision #93- 04/Conditional Use #93-01, and Teko stereo Shop SPR 93-10. No action was taken by the Council on either site plan. 0816 STAFF REPORTS. The city Hall Council Chambers will be used by Marion County Elections as a polling place for the November 9th state-wide election. Councilor sifuentez questioned the status of the City's leaf pick-up program. Director Tiwari stated that a flyer will be included in the next agenda packet outlining the program which is the same as last years. Councilor Figley stated that she had received a copy of a letter to the editor sent to the Woodburn Independent from a local resident who stated that she had been well-treated at city Hall by staff members. Administrator Childs commended the patience and perseverance of Public Works Director Tiwari in working through the sidewalk issue and still maintaining a good working relationship with the State Transportation Department. Mayor Kelley expressed his appreciation to individuals who volunteered to serve on the commission and he requested that they continue to take a positive attitude towards the outcome of this issue. He encouraged other individuals willing to volunteer to contact him for potential appointments. Page 9 - Council Meeting Minutes, October 25, 1993 ,r COUNCIL MEETING MINUTES October 25, 1993 TAPE READING 0933 EXECUTIVE SESSION. JENNINGS/FIGLEY... adjourn to executive session to conduct deliberations with persons designated by the governing body to carryon labor negotiations under the authority of ORS 192.660(1) (d). The motion passed unanimously. The meeting adjourned to executive session at 9:03 p.m. and reconvened at 9:53 p.m.. 0943 Following the Council's return to the open session, Mayor Kelley stated that no decision or action will be taken by the Council on the issue discussed in executive session. 0955 ADJOURNMENT. The meeting adjourned at 9:54 p.m.. MAYOR c~ ~ . 'L KELL Y, MAYOR ATTEST /l~~( Mar nant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, October 25, 1993 ,r