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Minutes - 07/27/1992 - - COUNCIL MEETING MINUTES July 27, 1992 TAPE READING QQQ1 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 27, 1992. 0003 CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kyser presiding. 001 0 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kyser Figley Galvin Hagenauer Jennings Sifuentez Steen Present Present Present Present Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Park Director Holly, Finance Director Gritta, Library Director Sprauer, City Recorder Tennant 0021 MINUTES. JENNINGS/FIGLEy.... approve the Council regular, special, and executive session minutes of July 13 and 21, 1992. The motion passed unanimously. 0032 Mayor Kyser stated that the City had received a statement from the Marion County Solid Waste Management Department stating that they had waived disposal fees in the amount of $7,878.83 as their contribution to the City's clean-up week in March. 0048 PROCLAMATION - NATIONAL NIGHT OUT. Mayor Kyser declared August 4, 1992 as National Night Out within the City. Lt. Paul Null briefly outlined the nation-wide program which encourages neighborhoods to participate in crime prevention and drug awareness programs. 0091 APPOINTMENT TO PLANNING COMMISSION. Mayor Kyser recommended the appointment of Alma Grijalva to the Planning Commission with a term expiring December 1993. Page 1 - Council Meeting Minutes, July 27, 1992 IT .-. -. COUNCIL MEETING MINUTES July 27, 1992 TAPE READING JENNINGS/SIFUENTEZ.... approve the appointment of Alma Grijalva to the Planning Commission as recommended by Mayor Kyser. The motion passed unanimously. Q1M CHAMBER OF COMMERCE REPORT. A representative from the Chamber presented the Council with the new edition of the Chamber Business Directory which was recently delivered to homes within the community. Q12.2 Mayor Kyser advised the public that a letter had recently been sent to the Woodburn Independent from the Oregon State Youth Gang Strike Force to clarify certain information which was published in the Independent. ~ COUNCIL BILL NO. 1406 - RESOLUTION AUTHORIZING A VOLUNTEER PROGRAM WITH THE DEPARTMENT OF HUMAN RESOURCES. Council Bill 1406 was introduced by Councilor 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 Kyser declared Council Bill 1406 duly passed. 0177 COUNCIL BILL NO. 1407 - RESOLUTION AUTHORIZING AGREEMENT WITH OREGON STATE POLICE FOR GANG ENFORCEMENT SERVICES. Councilor Hagenauer introduced Council Bill 1407. 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. The Mayor declared Council Bill 1407 duly passed. Q1S2 COUNCIL BILL NO. 1408 - RESOLUTION APPROVING INTERDEPARTMENTAL BORROWING DURING FISCAL YEAR 1992-93. Council Bill 1408 was introduced by Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote, Council Bill 1408 passed unanimously. Mayor Kyser declared the bill duly passed. Q1ll COUNCIL BILL NO. 1409 - RESOLUTION AUTHORIZING CITY MEMBERSHIP IN CITY ICOUNTY INSURANCE SERVICES TRUST FOR WORKERS' COMPENSATION INSURANCE. Council Bill 1409 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote, the bill passed unanimously. Mayor Kyser declared Council Bill 1409 duly passed. Page 2 - Council Meeting Minutes, July 27, 1992 - .,- - COUNCIL MEETING MINUTES July 27, 1992 TAPE READING Q2.U COUNCIL BILL NO. 1410 - RESOLUTION ESTABLISHING NON-UNION AND MANAGEMENT EMPLOYEES COMPENSATION PACKAGE. Council Bill 1410 was introduced by Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1410 passed unanimously. Mayor Kyser declared the bill duly passed. ~ AUTHORIZATION FOR STREET CLOSURES - NATIONAL NIGHT OUT. The staff recommended that the Council authorize Chief Wright to accommodate citizens by allowing street closures for neighborhood gatherings on August 4, 1992 between 6:00 p.m. and 10:00 p.m.. JENNINGS/FIGLEY... City Administrator grant the Police Chief authority to grant street closures on August 4th at his discretion. The motion passed unanimously. Q32.5. BID AWARD - HORIZONTAL BORING MACHINE. Public Works Manager Rohman stated that the Water Department will be using the boring machine to bore holes under existing driveways, etc, for the purpose of laying water main pipes. Bids were received from the following vendors: Peterson Underground Equipment, Inc. $7,895.00; Midwest Pow-R Mole Co., Inc. $8,468.15; and Western States Construction Co., Inc. $8,764.60. JENNINGS/FIGLEY... bid be awarded to Peterson Underground Equipment, Inc., in the amount of $7,895.00. The motion passed unanimously. Q.3ll WEST HAYES STREET TASK FORCE RECOMMENDATIONS. Based on information presented in the staff report and the results of the meeting of the task force, JENNINGS/FIGLEy.... approve the West Hayes Street Task Force minutes and accept the recommendations listed therein. The motion passed unanimously. FIGLEy/JENNINGS.... as listed in the staff report, accept the following recommendations: 1) remove the FAU designation from the street; 2) construct a semi-diverter at West Hayes and Evergreen; and 3) install a three-way stop at West Hayes and Oregon Way. In addition, the staff proceed immediately in carrying out the recommendations. Council discussion was held on the motion regarding the recommendations and costs involved in constructing a semi-diverter which would prohibit eastbound traffic from entering West Hayes Street at the Evergreen Road intersection. Page 3 - Council Meeting Minutes, July 27, 1992 1 !IT - - COUNCIL MEETING MINUTES July 27, 1992 TAPE READING FIGLEY/JENNINGS.. .amend motion to include that the Council will give it six months to see how the three changes affect the traffic situation, and that the Task Force Committee continue to meet. Following some further discussion by the Council, the vote was 4-2 with Councilors Steen and Galvin voting nay. JENNINGS/FIGLEy.... Hayes Street Task Force continue with their work to assist staff in the development of the semi-diverter. The motion passed 5-1 with Galvin voting nay. Councilor Jennings requested that Mayor Kyser appoint Councilor Figley to the Task Force. Mayor Kyser stated that he did not have the authority to make the appointment since the task force was not originally appointed by the Council. Q12a ACKNOWLEDGEMENT OF CABLE TV FRANCHISE APPLICATION - NORTH WILLAMETTE TELECOM. City Administrator Childs stated that the application fee has been paid by North Willamette Telecom and preliminary review of the application indicates that it constitutes a valid application. The formal review of the application will begin following Council acknowledgement of the application and the City will have 90 days in which to make a decision on the franchise proposal. JENNINGS/FIGLEY... acknowledge receipt of a bonafide application for a Cable TV franchise. Councilor Jennings questioned when a copy of the application would be available for review. Attorney Shields stated that the City has maintained that the document may include trade secrets which are excluded from the public records law. The motion to acknowledge receipt of the application passed unanimously. Q.9.4Q In regards to the West Hayes Street issue, Mayor Kyser advised the Council that the staff report also refers to a public hearing on the installation of the semi-diverter since it would change the existing traffic flow. Councilor Figley stated that the staff should implement the changes authorized by the Council and proceed with the public hearing process. Mayor Kyser stated that a public hearing on this issue would be held before the Council on Monday, August 10th, at 7:00 p.m.. ~ ACCEPTANCE OF STORM DRAIN EASEMENTS. Public Works Director Tiwari stated that the project is complete and storm drain problems on Second Street and the vicinity of Woodburn Truck Line located on North Front Street should be greatly reduced. The easements have been signed by the property owners and staff recommends acceptance of the easements. Page 4 - Council Meeting Minutes, July 27, 1992 II' ,- -.... -. COUNCIL MEETING MINUTES July 27, 1992 TAPE READING JENNINGS/FIGLEY... accept the utility easements from Richard Wellman and Alfred & Emma Halter. The motion passed unanimously. .liMB. Margie Lane, 172 Cherry Street, spoke on behalf of a group of individuals who are concerned about recent problems in the downtown business area which include stabbings, loud noise, and loitering. Councilor Jennings stated that loitering laws in the State of Oregon were ruled unconstitutional several years ago. Mayor Kyser stated that he would be discussing their concerns, along with others brought to his attention, with the Police Chief on Tuesday. 1117 EXECUTIVE SESSION. JENNINGS/FIGLEy.... adjourn to executive session under the authority of ORS 192.660{1 )(h) The motion passed unanimously. The meeting adjourned to executive session at 7:38 p.m. and reconvened at 8:17 p.m.. 1.1..3.Q. FIGLEy/JENNINGS.... City Attorney be authorized to draft an agreement for signature by the Mayor and other involved parties with the input and cooperation of Mr. Midura's attorney, Robert Engle, along the terms as follows: A. The City's street cleaner be used to clean along curb lines of Barclay Square Associates parking lot; B. The City provide root care, back filling, possible limb trimming as recommended by CH2M Hill consultant; C. Pay cost of constructing a standard 9" to 12" or higher street curb, if appropriate and recommended by consultant, along south side of sidewalk incorporated into that to reduce width, if necessary; and D. The City assume liability for five years for only damage to trees that results from excavation that has taken place and no other cause as certified by a consultant. The value of any replacement tree not to exceed $500 per tree with the tree to be provided by the City. The tree shall be planted and maintained by Barclay Square Associates. The agreement must also incorporate language that Barclay Square Associates will not pursue any descriptive rights having to do with landscaping within the City's property. The agreement should also be in full settlement of any claims by any party to the possible litigation regarding the tree damage and arborvitae issue. The motion passed unanimously. Page 5 - Council Meeting Minutes, July 27, 1992 IT - ~ COUNCIL MEETING MINUTES July 27, 1992 TAPE READING llQQ Councilor Hagenauer questioned the Police Chief regarding the noise issue at La Linda's. Chief Wright stated that La Linda's has received a written warning from OLCC and the next violation will result in a citation. Councilor Sifuentez stated that problems have increased in the downtown area with the influx of farmworkers to the area. Chief Wright stated that individuals are allowed to stand on the sidewalks provided that they do not block pedestrian traffic. Councilor Sifuentez also stated that she has been working with the local radio station to provide public educational programs to the farmworkers. Councilor Steen questioned the type of caution blinking light that could be installed on West Hayes Street where the golf course intersects. Public Works Director Tiwari stated that he would suggest an overhead light. .131Q ADJOURNMENT. The meeting adjourned at 8:24 p.m.. FRED W. KYSER, MAYOR APPROVEOPze-J W ~ ATTEST fY{~ I~ Mary Tennant, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, July 27, 1992 IT