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Minutes - 06/22/1992 -.. COUNCIL MEETING MINUTES June 22, 1992 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 22, 1992. QQQ3 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kyser presiding. QQQa ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kyser Figley Galvin Hagenauer Jennings Sifuentez Steen 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, Police Lt. Eubank, Library Director Sprauer, Park Director Holly, Public Works Manager Rohman, City Recorder Tennant. 0026 MINUTES. JENNINGS/FIGLEy.... approve the Council regular meeting and executive session minutes of June 8, 1992; and accept the Planning Commission minutes of June 11, 1992. The motion passed unanimously. QQ32 The Council will hold a special workshop on June 29, 1992, 7:00 p.m., City Hall, to discuss traffic flow issues. 0048 CHAMBER OF COMMERCE REPORT. Keith Robinson, representing the Chamber Board, stated that the Volks march brought in a lot of people to the community and that activity, along with the other scheduled activities, made Founders Day a successful weekend. 0080 WOODBURN COMEBACK CAMPAIGN REPORT. Councilor Figley stated that the Comeback Campaign is still looking for volunteers to help with crowd control. Police- Lt. Eubank advised the Council that donations to the fireworks fund are currently at $4,700 and another $300 is necessary to pay for the fireworks Page 1 - Council Meeting Minutes, June 22, 1992 IIf .-" COUNCIL MEETING MINUTES June 22, 1992 TAPE READING show. It is anticipated that additional donations will be received to meet the expenses relating to the fireworks and city-wide picnic. Mayor Kyser stated that County Commissioner Mary Pearmine was planning on attending the Council meeting to respond to the State's letter regarding the disposition of the Grace Village property. The communications agenda item will be held over until Commissioner Pearmine arrives. 0129 RECYCLING PROGRAM. Joan Garren, Office Manager for United Disposal Service, advised the Council that curbside recycling of plastic milk and water jugs, and magazines will be made available to their customers effective July 1, 1992. She also encourage the public to continue to use the newspaper and magazine drop boxes for charitable purposes. 0206 COUNCIL BILL 1397 - RESOLUTION AUTHORIZING CITY ATTORNEY CONTRACT RENEWAL. Council Bill 1397 was introduced by Councilor Sifuentez. City Attorney Shields declared a conflict of interest on this issue. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1397 passed unanimously. Mayor Kyser declared the bill duly passed. 0247 COUNCIL BILL 1398 - RESOLUTION AUTHORIZING TRANSFER OF APPROPRIATIONS FOR FISCAL YEAR 1991-92. Council Bill 1398 was introduced by Councilor Sifuentez. 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 Kyser declared the bill duly passed. 0275 COUNCIL BILL 1399 - ORDINANCE ADOPTING BUDGET FOR FISCAL YEAR 1992-93. Council Bill 1399 was introduced by Councilor Sifuentez. Recorder Tennant read the 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 1399 passed unanimously. Mayor Kyser declared the bill duly passed with the emergency clause. Page 2 - Council Meeting Minutes, June 22, 1992 III' -" COUNCIL MEETING MINUTES June 22, 1992 TAPE READING Q3.32 COUNCIL BILL 1400 - RESOLUTION AUTHORIZING AGREEMENT WITH MARION COUNTY fOR HEPATITIS B IMMUNIZATIONS. Councilor Sifuentez introduced Council Bill 1400. The bill was read by title only since there were no objections from the Council. Following a brief explanation of the new OSHA requirement, the Council unanimously passed Council Bill 1400 on roll call vote. Mayor Kyser declared the bill duly passed. 0431 COUNCIL BILL 1401 - RESOLUTION AUTHORIZING AGREEMENT WITH SALEM AREA MASS TRANSIT DISTRICT fOR STf-8 fUNDING DURING fiSCAL YEAR 1992-93. Council Bill 1401 was introduced by Sifuentez. The bill was read by title only since there were no objections. On roll call vote for final passage, the bill passed unanimously. Mayor Kyser declared Council Bill 1401 duly passed. 0462 ACCEPTANCE Of STRIP Of LAND fOR RIGHT-Of-WAY -- RE: SMITH ADDITION #3. The staff recommended the acceptance of a strip of land for additional right-of- way within the platted Smith Addition #3 subdivision to accommodate the required right-of-way within Smith Addition #4. JENNINGS/FIGLEY... accept the warranty deed as recommended by staff. The motion passed unanimously. 0520 CABLE TV RECOMMENDATION. Administrator Childs reviewed his memo regarding the Cable TV franchise application process. His recommendations included 1) a non-refundable deposit of at least $5,000 for North Willamette Telecom's Cable Television franchise application and 2) to establish a process for reviewing and evaluating North Willamette Telecom's application. Councilor Jennings expressed his opinion that the application fee should be around $2,500 since it is non-refundable and additional funds can be obtained from the company to offset all expenses incurred by the City if the franchise is granted. Steve Jolin, Cable TV consultant for the City, stated that it was difficult to make a comparison on the amount of the application fee, however, the non- refundable deposit generally is an amount which is necessary to cover some of the expenses. Additionally, communities with lesser deposit fees generally have more than one company competing for franchise approval. Following further discussion on the staff's recommendation, JENNINGS/FIGLEy.... the non-refundable deposit of $5,000 be changed to $2,500. The motion passed 3-1-1 with Councilor Steen voting nay and Councilor Galvin abstaining. Page 3 - Council Meeting Minutes, June 22, 1992 III' -.. COUNCIL MEETING MINUTES June 22, 1992 TAPE READING 1153 JENNINGS/FIGLEY... second portion of the City Administrator's recommendation be approved. The motion passed unanimously. ll2.9. A recess was called at 7:40 p.m. for the purpose of waiting until Commissioner Pearmine arrived. The meeting reconvened at 7:52 p.m. even though Commission Pearmine had still not arrived to address the Council on the Grace Village issue. .11.9.a LETTER FROM CHAMBER OF COMMERCE. Administrator Childs read a letter from the Chamber of Commerce Board of Directors expressing their support of the City's operating levy which is on the June 30th mail-in ballot. 1224 LETTER FROM LOCAL CITIZENS RE: DISPOSITION OF GRACE VILLAGE PROPERTY. Administrator Childs read a letter which was signed by 48 local citizens urging the Council to sell the Grace Village property to the highest bidder as originally planned and recover taxpayer costs associated with this foreclosure process. 1308 LETTER FROM ECONOMIC DEVELOPMENT RE: GRACE VILLAGE PROPERTY. Administrator Childs read a letter received on this date from State Economic Development advising the City that they were to deed the Grace Village property over to Marion County within two weeks. Attorney Shields stated that he had been in contact with Attorney Bill Stiles who represented the City on the foreclosure proceedings and he is looking at legal actions which may be available to the City at this time. JENNINGS/FIGLEY... Council authorize the City Administrator and City Attorney to consult with Attorney Stiles, our legal counsel on this issue, to get the information the Mayor needs in order to call a special meeting for the purpose of reporting back to the Council, and that the City does not deed the property to Marion County within the two week period as so stated in the letter. The motion passed unanimously. Councilor Figley stated that she had made the motion to meet with State and County agencies at the last meeting in May for the purpose of discussing the options available which would still maintain the City's right to recover expenses incurred as a result of the foreclosure process. FIGLEY /SIFUENTEZ... rescind the motion made two meetings ago which called for a workshop with the State and Marion County. The motion passed unanimously. Page 4 - Council Meeting Minutes, June 22, 1992 -, COUNCIL MEETING MINUTES June 22, 1992 TAPE READING .15.13 APPROVAL OF CLAIMS - SIFUENTEZ/GALVIN.... approve voucher checks # 14660 - #14944 issued during the month of May 1992. The motion passed unanimously. 1533 AI Nunez, representing Farmworkers Housing Development Corp. (FHDC), expressed his opinion that the work of FHDC to propose a development on the Grace Village site to the Council has been a waste of time. In his opinion, he would still like to look at this proposal as a win-win situation rather than continuing to put it off into the future. He also stated that their proposal, if it had been accepted, would have allowed the City to recover its costs. 1666 Charlie Harris, representing the Newberg Community Shelter & Assistance program, stated that he had been working with FHDC on the farmworker housing project. He urged the Council to do what the State required in their most recent letter and suggested that the Council not incur additional attorney fees to further research the options available to the City at this time. 1759 Russ Baglien, 2580 N Boones Ferry Rd, stated that it has taken the City two and one-half years to get where they are currently at in this process. The signers of the letter sent to the Mayor are long-time residents of the City who are only expressing their opinion on this issue. The letter made no comment as to who should purchase the property - only that it should be sold to the highest bidder. ~ STAFF REPORTS. Public Works Director provided the Council with a brief update on the City's water supply. He suggested that the public use water conservatively especially in the late afternoon/early evening hours. It is anticipated that late July and August will be the more critical time periods in which a water shortage may be experienced by the City. .1.9..9..Q Public Works Director Tiwari also informed the Council that they would be receiving a packet of information later in the week to allow them some time to review the topics under discussion at the June 29th workshop relating to overall traffic issues. Community Development Director Goeckritz also provided the Council with a packet of information pertaining to the West Hayes Street issue. Page 5 - Council Meeting Minutes, June 22, 1992 III --.. COUNCIL MEETING MINUTES June 22, 1992 TAPE READING 21 70 Councilor Jennings expressed his opinion that the City has worked cooperatively with the State over the last few years to resolve the Grace Village issue. He also suggested that alternatives may include the City repaying the $250,000 loan since the City currently owns the land. .u!M COUNTY RESPONSE TO LETTER FROM ECONOMIC DEVELOPMENT. County Commissioner Pearmine stated that the Commissioners are in agreement that the Marion County Housing Authority is Woodburn's access to federal housing funds if the City wants federal funds. She stated that it is the Board's responsibility to respond to housing needs at every economic level. In addition, the County would agree with the takeover with the City's approval, however, it will not force the City to deed the property to the County. She also stated that the County did not initiate the action taken by the State on this issue and it was as much as a surprise to them as it was to City officials. Finally, the County is willing to work with the City in any way to resolve this issue. She also stated that the County did not have to accept the land even if it was offered by the City to comply with the State's demands. ~ ADJOURNMENT. The meeting adjourned at 8:30 p.m.. APPROVED 11J?d2 r;J ~ FRED W. KYSER, OR ATTEST 11.~~ Mary T nant, City Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, June 22, 1992 I1f