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Minutes - 01/27/1997 COUNCIL MEETING MINUTES January 27, 1997 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 27, 1997. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. ROLLCALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present Present Present Absent Present Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Lt. Eubank, Public Works Manager Rohman, City Recorder Tennant 0024 Administrator Childs recommended that the Executive Session relating to real property be canceled but the Council still meet on the litigation issue. He also requested Council consideration of a new agenda item (10F) relating to a proposed employee contract with our City Attorney for full-time employment. FIGLEy/PUGH.... agenda be adopted as recommended by the City Administrator. The motion passed unanimously. 0056 MINUTES. FIGLEY/PUGH... Council regular and executive session minutes of January 13, 1997 be approved; the Planning Commission minutes of January 9, 1997 and the Recreation and Park Board minutes of January 7, 1997 be accepted as written. The motion passed unanimously. 0064 ANNOUNCEMENTS. A) The City Council will hold a workshop on the Water Master Plan on Monday, February 3, 1997,7:00 p.m., in the City Hall Council Chambers. B) A special Council Executive Session concerning labor negotiations will be held on Monday, February 10, 1997, 6:00 p.rn.. in the City Hall Conference Room. Page 1 - Council Meeting Minutes, January 27, 1997 -".._-'-~ "!11 I COUNCIL MEETING MINUTES January 27, 1997 TAPE READING (C) Mayor Kirksey stated that earlier this evening, the new Rose Garden and Plaque was dedicated in Library Park to all of the Volunteers within Woodburn. This was an Eagle Scout project coordinated by Shawn Lonergan and this project will be complete by National Library which is the 3rd week in April. Mayor Kirksey also gave special recognition to RSVP Volunteer Norma Cook who is 94 years old and has been volunteering her service for many years. 0105 PROCLAMATION --- CATHOLIC SCHOOLS WEEK. JANUARY 27-31. 1997. Mayor Kirksey proclaimed January 27 - 31, 1997 as Catholic Schools Week and urged local citizens to recognize and appreciate the contributions the Catholic school makes within our community. Mayor Kirksey also apologized for her absence at the early morning groundbreaking ceremony at the Super 8 Motel site. 0162 CHAMBER OF COMMERCE REPORT. Cindy Wurdinger-Kelly, Chamber representative, stated that the groundbreaking ceremony was held and construction will soon begin at the site with the Grand Opening planned for later this fall. The annual First Citizen desert social will be held on February 11, 1997,7:00 p.m., at the United Methodist Church. This program awards citizens within our community for their outstanding community service in the area. 0203 LETTER FROM STEVEN SMITH. Mayor Kirksey stated that she had recently received a letter from Steven Smith on a landuse issue that has been ongoing. She turned this letter over to Attorney Shields since reading the letter at this time would be considered as ex -parte contact which is not allowed prior to a landuse hearing before the Council. Attorney Shields will write a letter to Mr. Smith informing him of the procedure regarding landuse hearings and ex- parte contact. 0242 Mickey Henson, 947 S. Pacific Hwy., stated that he owns a towing and wrecking yard located just south of the city limits and he requested that he be placed on the Police Department's non-preference tow list since CarCraft is on the list and also located outside of the city limits. Administrator Childs stated that we had recently received a letter from Mr. Henson's attorney and Attorney Shields has not had an opportunity to review the letter. He suggested that Mr. Henson wait a few days and the City will respond back to his attorney on this issue. Page 2 - Council Meeting Minutes, January 27, 1997 . ,----.---.--. 11 I COUNCIL MEETING MINUTES January 27, 1997 TAPE READING 0313 PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT- HOUSING REHABILITATION PROGRAM. Mayor Kirksey declared the public hearing open at 7:12 p.m.. Community Development Director Goeckritz stated that staff has prepared a grant application requesting $500,000 with the City's match being an additional $50,000. The City's match funds do not involve property tax monies and are dollars that have been re- generated from rehabilitation loans made in the past. The most recent housing rehabilitation grant awarded to the City was in 1995 in the amount of $300,000 with the City matching $100,000. This grant provided for the rehabilitation of 38 homes and it will be closed out as of June 30, 1997. The new grant, if awarded, will begin July 1, 1997 and will provide rehabilitation funding for an estimated 45 homes within our community. This grant application is unanimously supported by the Housing Rehabilitation Task Force and they recommend that the City Council submit this grant application to the State for funding consideration. Councilor Figley, Loan Review Board member, spoke on the positive aspects of this program over the years and she gave her full support for the grant proposal. No one in the audience commented on this proposal. The public hearing was declared closed at 7:18 p.m.. PUGH/SIFUENTEZ.... approve the request to submit a grant proposal for a 1997-98 Community Development Block Grant in the amount of $500,000 as outlined in the staff memo and recommended by the Housing Rehabilitation Task Force. The motion passed unanimously. 0502 PUBLIC HEARING -- ACCESS MANAGEMENT PROGRAM. Mayor Kirksey declared the public hearing open at 7:19 p.m.. Director Goeckritz stated that the City's Transportation Plan calls for the modification of certain City ordinances to meet the criteria within the plan. The draft Access Management Plan has been reviewed by representatives from numerous state and county agencies and from a couple of consultations who did a courtesy review of the document. The Planning Commission did incorporate some findings into the document and have recommended that the Council approve of the plan. Public Works Manager Rohman gave a short overview of the Transportation Plan objectives which are designed to provide and manage access while protecting the flow of traffic and pedestrian safety and capacity. The Access Management Program is primarily directed toward arterial and collector streets for the purpose of managing access and improving the efficiency on how these streets operate. It was also noted that the proposed Access Management Program ordinance does comply with the Transportation Plan Rule. No one in the audience commented on the proposed Access Management Program. Mayor Kirksey declared the public hearing closed at 7:26 p.m.. Page 3 - Council Meeting Minutes, January 27, 1997 .,........ ,_'_"',_.,--',-- . '" . COUNCIL MEETING MINUTES January 27, 1997 TAPE READING 0740 FIGLEY/PUGH... approve the Plan as proposed and instruct the staff to come back with an ordinance at the next regular meeting. The motion passed unanimously. 0755 COUNCIL BILL 1758 (TABLED AGENDA ITEM) - ORDINANCE INCREASING THE LOCAL GAS TAX. No action was taken by the Council to remove this item from the table. 0760 COUNCIL BILL 1770 (TABLED AGENDA ITEM) - RESOLUTION RE- ESTABLISHING COMPENSATION SCHEDULES FOR HOURLY AND SEASONAL EMPLOYEES. Councilor Figley questioned if action needed to be taken on this bill in order to raise the hourly wage levels for those individuals who are currently getting less than $5.50 per hour as required under the Oregon minimum wage law. Administrator Childs suggested that this issue be removed from the table before discussion is held on this issue. FIGLEY /SIFUENTEZ.... Council Bill 1770 be removed from the table. The motion passed unanimously. Councilor Figley stated that it is her intention to obey the new minimum wage law, however, Councilor Jennings had expressed concerns at the previous meeting regarding the adjustments to the established steps within the schedules and she hesitated taking any final action until he has an opportunity to respond on this issue. After a brief discussion, it was decided to re-read the bill and take a final vote. Following the reading of the bill by title only since there were no objections by the Council, roll call vote was taken and the bill passed unanimously. Mayor Kirksey declared Council Bill 1770 duly passed. 1019 COUNCIL BILL 1772 - ORDINANCE ASSERTING JURISDICTION OVER THE PUBLIC RIGHTS-OF-WAY WITHIN THE CITY. EXERCISING PUBLIC AUTHORITY OVER SAID RIGHTS-OF-WAY. AND REOUIRING PERMISSION TO USE RIGHTS-OF-WAY. Council Bill 1772 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1772 duly passed with the emergency clause. 1063 COUNCIL BILL 1773 - RESOLUTION OF INTENT TO IMPROVE PARR ROAD 100 FEET WEST OF SETTLEMIER TO THE WEST BOUNDARY OF THE SCHOOL DISTRICT PROPERTY. ADOPT THE LOCAL IMPROVEMENT DISTRICT. AND ESTABLISH A PUBLIC HEARING DATE. Councilor Hagenauer introduced Council Bill 1773. Recorder Tennant informed the Council that page 8 of the bill, Section 13, had been revised and a copy of the new page Page 4 - Council Meeting Minutes, January 27, 1997 - - COUNCIL MEETING MINUTES January 27, 1997 TAPE READING distributed to the Council prior to the meeting. The bill was read by title only since there were no objections from the Council. Councilor Figley stated that she has already received comments from some of the affected property owners regarding the proposed assessment district and she hoped that these individuals would attend the public hearing. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1773 duly passed. The public hearing on this proposed improvement will be held on March 24, 1997, 7:00 pm, in the City Hall Council Chambers. 1165 COUNCIL BILL 1774 - RESOLUTION OF INTENT TO IMPROVE THE ALLEY BETWEEN HARRISON ST. AND WEST HAYES ST.. ADOPT THE LOCAL IMPROVEMENT DISTRICT. AND ESTABLISH A PUBLIC HEARING DATE. Council Bill 1774 was introduced by Councilor Hagenauer. Recorder Tennant stated that page 8 of the bill, Section 12, had been revised and a copy of the new page was distributed to the Council at the start of this meeting. 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 Kirksey declared the bill duly passed. The public hearing on this proposed assessment district improvement will be held on March 10, 1997,7:00 p.m., in the City Hall Council Chambers. 1204 LIOUOR LICENSE RENEWAL RECOMMENDATIONS FOR CALENDAR YEAR 1997. Chief Wright recommended that the Council provide a favorable recommendation to OLCC on the renewal of the following 1997 liquor license renewals: Package Stores: AM/PM Mini Mart, Bi-Mart, Crossroads Deli, Gary's Market, Payless, Lind's Plaza Market, OLCC Store #60, Piper's jewelry, Roth's IGA, Salvadore's Bakery I and II, Shop N Kart, 7-11 Store, Westview Texaco, Woodburn Chevron, Young Street Market, and Safeway Store Class "B" Dispensers: Eagle's Lodge and Woodburn Elks Retail Malt Beverages: Abby's Pizza Inn, Sally's Pizza, Members Club Inc., Senior Estates Country Club, Woodburn Lanes, Pizza Hut, La Unica, Corner Sports Pub, Raven Inn, Pizza Cabana, and Denny's Restaurant Class "A" Dispensers: The Pier, Yun Wah's Chinese Restaurant, and Chung Sing Restaurant Chief Wright also recommended that public hearings be held on the 1997 liquor license renewals for Playa de Oro and Chu' s Eatery based on the criteria previously established by the Council which would bring these renewals before the Council for a hearing prior to making a final decision on the renewal recommendation to OLCC. Page 5 - Council Meeting Minutes, January 27, 1997 " -'_._--._._----~..--- III I COUNCIL MEETING MINUTES January 27, 1997 TAPE READING FIGLEY/SIFUENTEZ... recommend to OLCC the 1997 liquor license renewals for the above establishments listed under Package Stores, Class "B" Dispensers, Retail Malt Beverages, and Class "A" Dispensers. In addition, public hearings be held on February 24, 1997 on the liquor license renewals for the establishments Playa de Oro and Chu's Eatery. The motion passed unanimously. 1244 ACCEPTANCE OF UTILITY EASEMENT. Staff recommended the acceptance of a utility easement along Warren Way from Zara Roman. The easement will be used for storm drain installation and existing drainage ditch line. FIGLEy/PUGH.... accept the utility easement as recommended by staff. The motion passed unanimously. 1260 CITY ATTORNEY EMPLOYMENT AGREEMENT. Councilor Figley stated that she and Councilors Pugh and Jennings had negotiated a an agreement with City Attorney Shields that would provide for a phase-in of hours worked over the next few months culminating in a 40-hour per week position beginning June 1, 1997. The agreement has also been reviewed by Special Counsel Bob Engle who represented the Council on this employment issue. In the opinion of the negotiating team, this is a fair agreement to both parties and it will give the City an opportunity to hire a very qualified individual as a full-time employee. She encouraged the Council to approve this agreement. 1333 COUNCIL NO. 1775 - RESOLUTION AUTHORIZING AN EMPLOYMENT AGREEMENT WITH N. ROBERT SHIELDS AS CITY ATTORNEY AND REPEALING RESOLUTION NO. 1371. Councilor Hagenauer introduced Council Bill 1775 which was read in full by City Administrator Childs. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1775 duly passed. The Mayor stated that she was glad to see that the City will be having Attorney Shields back working for the City on a full-time basis. 1440 City Attorney Shields stated that, to reiterate what he had informed the Council in writing, he was unable to advise the Council since he has a conflict of interest but he has always been honored to be City Attorney in Woodburn and will continue to do the best that he can in this position. 1458 STAFF REPORT. (A) Future Grant Awards for Transit Programs -- Staff has received notification from the State that the City will receive partial ODOT grant funding for the purchase a paratransit van in 1999, for a new transit bus in 2000, and for a planning project to guide implementation of a second transit route plus feasibility of connecting to service to Page 6 - Council Meeting Minutes, January 27, 1997 COUNCIL MEETING MINUTES January 27, 1997 TAPE READING the Portland or Salem area. These Public Transit grants are contingent upon the availability of State funds and the needs of the City at the time the funding is available. 1473 MAYOR AND COUNCIL REPORTS. Councilor Figley expressed her appreciation to staff for the quarterly financial report which was very informational and would like to see this report forwarded to them on a quarterly basis. Councilors Hagenauer and Sifuentez agreed with the comments made by Councilor Figley. Councilor Pugh stated that he had personally called the Finance Director to expressed his appreciation for the report which will be used as a tool in making future financial decisions. Mayor Kirksey informed the Council that the annual Audit Report is now available and can be checked out by the Council and/or public for their review. She also expressed her appreciation for the work done by volunteers within our community and, with the decisions forthcoming under Ballot Measure 47, we will be relying more on volunteers to assist the City with various programs. 1551 EXECUTIVE SESSION. FIGLEy/PUGH.... adjourn to executive session to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed under the authority of ORS 192.660(1)(h). The motion passed unanimously. The meeting adjourned to executive session at 7:50 p.m. and reconvened at 8:11 p.m.. Following the executive session, Mayor Kirksey stated that no action would be taken by the Council. 1566 ADJOURNMENT. PUGH/FIGLEY... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:12 p.m. APPROVEDC.?~~ 4~ NANCY A. KI, SEY, MAYOR , , ATTESTa\~"~. Mary ant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, January 27, 1997 --r-- 111 I