Minutes - 06/09/1997
COUNCIL MEETING MINUTES
June 9, 1997
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, JUNE 9, 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
Absent
Present
Present
Present
Staff Present:
City Administrator Childs, City Attorney Shields, Public Works Director Tiwari,
Community Development Director Goeckritz, Finance Director Gillespie, Police Lt.
Null, City Recorder Tennant
0006 MINUTES.
JENNINGS/PUGH.... approve the Council minutes of May 27, 1997 and accept the
Library Board minutes of May 27, 1997 as presented. The motion passed unanimously.
0016 APPOINTMENTS - CENTENNIAL PARK COMMITTEE.
Mayor Kirksey stated that there had been some discussions on the appointment of a
Centennial Park Committee in order to move forward with plans on the development of
this project. She appointed the following individuals to serve on this committee: Kathy
Figley, Mel Schmidt (Park Board member), Randy Scott (staff) and John Pitt (staff).
JENNINGS/PUGH... accept the appointments made by Mayor Kirksey. The motion
passed unanimously.
Administrator Childs requested that he have an opportunity to meet with the Committee
to identify the scope of work and scheduling of employee time as it relates to this
project.
0056 INTRODUCTION OF REPRESENTATIVE FROM OREGON YOUTH
AUTHORITY REGARDING LEASE PURCHASE AGREEMENT WITH THE
CITY.
Public Works Director Tiwari reminded the Council that the wastewater treatment plant
facility is located on state-owned property (MacLaren School property) and the City is
currently negotiating with the State for a new lease and/or purchase of property due to
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COUNCIL MEETING MINUTES
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MEYER MEMORIAL TRUST GRANT.
Mayor Kirksey informed the public that a grant request submitted by former Park
Director Nevin Holly to re-roof the World's Berry Center Museum has been awarded by
the Meyer Memorial Trust. The project needs to be completed by August 1998 which
will give the museum plenty of time to do this project. She also stated that the museum
will be celebrating their 10th anniversary on July 3, 1997.
0333 TABLED BUSINESS - COUNCIL BILL NO. 1758: ORDINANCE INCREASING
LOCAL GAS TAX.
No action was taken by the Council to remove this item from the table.
TABLED BUSINESS - WOODBURN DOWNTOWN ASSOCIATION REOUEST
FOR REMOVAL OF TREES ON FRONT STREET.
No action was taken by the Council to remove this item from the table.
TABLED BUSINESS - WOODBURN DOWNTOWN ASSOCIATION REOUEST
FOR PARKING RESTRICTIONS (TABLED UNTIL JUNE 23.1997).
0360 COUNCIL BILL NO. 1793 -- ORDINANCE AMENDING ORDINANCE NO. 1900
REGARDING DISCHARGE OF WEAPONS.
Council Bill 1793 was introduced by Councilor Sifuentez. City Recorder Tennant read
the two readings of the bill by title only since there were no objections from the Council.
Councilor Jennings questioned the permit process since veterans are
entitled to a gun salute in which weapons are discharged there does not seem to be a
provision in this ordinance for this ceremonial action. He suggested that a separate
paragraph be included in the bill which would specifically address funerals.
Attorney Shields suggested that the Council may want to table this issue until the next
meeting at which time the Chief will be in attendance at the meeting to answer specific
questions. He also reminded the Council that the application to discharge firearms on
June 21st would not be approved unless the bill, as currently written, is passed by the
Council at this meeting. He stated that the Council could adopt the Council Bill as
currently presented and then amend it at a future date to incorporate changes to meet the
concerns of the Council. He reiterated that the application for the weapons discharge is
time sensitive and approval of the application is subject to the passage of this bill.
Following a brief discussion on this bill, roll call vote was taken and the bill passed
unanimously. Mayor Kirksey declared Council Bill 1793 duly passed with the
emergency clause.
Attorney Shields stated that he will try to bring back an ordinance amendment at the next
meeting.
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COUNCIL MEETING MINUTES
June 9, 1997
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the expansion of the wastewater facility. He stated that representatives from the Oregon
Youth Authority and State Administrative Services have been working with the City to
put the public interest foremost when negotiating an agreement. Director Tiwari
introduced Bob Jester, Area Coordinator and former Director at MacLaren School, who
has helped to keep this issue on the forefront with State officials.
Mr. Jester stated that the State has had a long association with the City and it has been a
pleasure to work with City staff on this issue. He is certain that an agreement will be
signed that will meet the needs of both the State and the City so that the City can move
ahead with the new treatment plant facility.
0182 ANNOUNCEMENTS.
A) City Council Workshop on Yard Debris Recycling--- A workshop will be held on
Monday, June 16th, 7:00 p.m., in the City Hall Council Chambers.
B) 1997-98 City Budget Hearing -- On June 23, 1997,7:00 p.m., the Council will
hold a public hearing on the proposed 1997-98 City budget in the City Hall Council
Chambers.
C) City Council Workshop on Systems Development Charges and Planning Fees m A
workshop will be held on Monday, June 30th, 7:00 p.m., in the City Hall Council
Chambers.
0201 CHAMBER OF COMMERCE REPORT.
Donna Hendrix, representing the Chamber of Commerce, stated that the "Chamber at the
Drags" has been rescheduled to July 23rd since it was rained out on June 4th. On June
12th, Chamber "After Hours" will be held at Northwood Health Center beginning at
4:30 p.m. and Chamber members are invited to attend. The monthly Chamber Forum
will be held on June 18th at Nautilus of Woodburn, 2241 Country Club Rd., at 12:00
noon.
Mayor Kirksey stated that she would be unable to attend the July 23rd event and
requested Council President Jennings to take her place in racing against Chamber
Executive Director Jane Kanz.
0255 MAMMOTH PARK COMMITTEE REPORT.
Mayor Kirksey stated that the Committee will meet on Wednesday, June 11th, 7:30
p.m., at Bob Engle's office. The Committee is continuing to accept donations and the
financial needs are very close to being met. In regards to the use of city equipment, it
will only be used when it is not being used for city jobs and authorized drivers are
operating the equipment. The insurance coverage is being provided by the Woodburn
School District and Oregon State University. The project is coming together and it looks
as if the first dig will be June 19th.
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0602 COUNCIL BILL 1794 - ORDINANCE APPROVING PARR ROAD LOCAL
IMPROVEMENT DISTRICT AND AUTHORIZING THE IMPROVEMENT.
Councilor Sifuentez introduced Council Bill 1794. The two readings of the bill were
read by title only since there were no objections from the Council.
Public Works Director Tiwari stated that an amended page 2, Section 3, was provided to
the Council prior to this meeting which includes the language to limit the depth from
Parr Rd. right of way to 500' on Tax Lot #100.
On roll call vote for final passage, Council Bill 1794 passed unanimously. Mayor
Kirksey declared the bill duly passed with the emergency clause.
0704 COUNCIL BILL 1795 - ORDINANCE APPROVING THE DOWNTOWN ALLEY
LOCAL IMPROVEMENT DISTRICT AND AUTHORIZING THE
IMPROVEMENT.
Councilor Sifuentez introduced Council Bill 1795. City 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, the bill passed unanimously. Mayor Kirksey declared
Council Bill 1795 duly passed with the emergency clause.
0751 COUNCIL BILL 1796 - RESOLUTION ENTERING INTO A CONTRACT WITH
BOLDT. CARLISLE. AND SMITH FOR AUDITING SERVICES FOR FISCAL
YEAR 1996-97. 1997-98. AND 1998-99.
Council Bill 1796 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 Kirksey declared Council Bill 1796 duly
passed with the emergency clause.
0787 COUNCIL BILL 1797 - RESOLUTION ENTERING INTO AN AGREEMENT
WITH THE CITY OF SALEM FOR USE OF THE SALEM SENIOR CENTER BY
THE RETIRED SENIOR VOLUNTEER PROGRAM (RSVP).
Councilor Sifuentez introduced Council Bill 1797. 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 Council Bill 1797 duly passed.
0809 COUNCIL BILL 1798 - RESOLUTION ENTERING INTO A CONTRACTUAL
SERVICES AGREEMENT AND DESIGNATING HUGGINS INSURANCE
SERVICES AS THE CITY'S INSURANCE AGENT OF RECORD.
Council Bill 1798 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 Kirksey declared Council Bill 1798
duly passed.
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0833 COUNCIL BILL 1799 - RESOLUTION DIRECTING INSTALLATION OF STOP
SIGNS AT THE INTERSECTIONS OF (1) COUNTRY CLUB RD AND UMPOUA
RD AND (2) RAINIER RD AND PRINCETON RD.
Councilor Sifuentez introduced Council Bill 1799. Councilor Pugh stated that he would
abstain from voting on this issue due to a possible conflict of interest.
The bill was read by title only since there were no objections from the Council. On roll
call vote for final passage, Council Bill 1799 passed 4-0-1 with Councilor Pugh
abstaining. Mayor Kirksey declared the bill duly passed.
0874 CONTRACT AWARD - PARR ROAD STORM DRAIN PROJECT.
Bids were received from the following contractors for the installation of storm sewer
pipe which is one component of the Parr Rd local improvement district: 1) Scharff
Bros., $102,957.00; 2) E & A Backhoe Inc., $127,500.50; 3) S-2 Contractors, Inc.,
$133,432.00; 4) Marshall Assoc. Contractors, $134,024.05; 5) Cushing Bros.,
$144,806.50; 6) R&D Construction, $146,023.95; 7) Alliance Corp., $164,935.00; 8)
Bill Bocker Construction, $170206.90; 9) Miller & Sons Contractors, $181,047.35; 10)
Gelco Construction, $182,571.00; and 11) Davidson Utilities, $195,869.90.
As noted in the staff report, the engineer's estimate for this project was $129,254.00 and
the lowest bid was 20.3% below the engineer's estimate.
JENNINGS/PUGH... award the construction contract to Scharff Bros. in the amount of
$102,957.00 for the storm sewer improvements on Parr Road as recommended by staff.
The motion passed unanimously.
0883 APPLICATION FOR A DEMONSTRATION DISCHARGE OF A FIREARM.
The Northwest Artillery Club, Explorer Post #2741, has requested permission to
discharge an authentic reproduction of a 19th century fieldpiece (1851 121b "Napoleon"
Howitzer) on June 21, 1997 between the hours of 10:00 am and 4:00 pm. Various field
pieces will be on display in the Walmart parking lot and the discharge of the Howitzer
will occur away from any buildings or residences in an open field.
JENNINGS/FIGLEY... approve the request of the Northwest Artillery Club for the
discharge of a firearm on June 21, 1997 between the hours of 10:00 am and 4:00 pm at
the Walmart store parking lot.
Councilor Pugh questioned the number of times the Howitzer will be discharged since he
is concerned that it does not create complaints from the local residents.
Administrator Childs stated that he had been informed that the fieldpiece will be
discharged multiple times during the day.
On roll call vote, the motion passed 4-0-1 with Councilor Pugh abstaining since he did
not receive an answer to his question on the specific number of times the Howitzer
would be discharged.
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0945 LIOUOR LICENSE TRANSFER -- RAVEN INN TAVERN.
Within the staff report, Chief Wright provided a recommendation for the Council to
provide a negative recommendation to OLCC for a liquor license transfer to Ronald
Wiebe.
JENNINGS/FIGLEY... since a negative recommendation is pending, a public hearing
be set for June 23, 1997 on this liquor license transfer request.
Administrator Childs stated that the current owner, Tina Wiltsey, did bring in a letter
today on this issue and it will be included in the next agenda packet as part of the public
hearing testimony.
The motion passed unanimously.
1010 TENTATIVE 1997-98 MANAGEMENT/NON-UNION SALARIES.
Administrator Childs referred to his memo which outlines staff's current understanding
of the discussion held at the June 2nd workshop. He reminded the Council that a few
management/non-union employees would normally be entitled to a step increase during
the course of the fiscal and it would appear that these individuals would not receive the
step increase under the proposal to limit the total wages between the 1996-97 adopted
figures and 1997-98 proposed expense.
During Council discussion on this issue, Councilor Jennings stated that it was not his
intent to preclude step increases due to employees, whereas, Councilor Pugh stated that
he felt the 4 % overall increase was an absolute figure and step increases would not take
place if it exceeded the 4% value. Councilor Figley stated that she did not vote in favor
of the Budget Committee's recommendation even though, in hindsight, the increases
could have been implemented over the next two or three years and she supports the wage
freeze into the merit range but is opposed to the limitation as proposed by the Budget
Committee since she believes in the results of the study and is not interested in making
any changes. Councilor Sifuentez stated that she would continue to support the Budget
Committee's recommendation. Councilor Chadwick agreed with Councilor Figley's
statements.
JENNINGS/PUGH... Council adopt the 1997-98 management/non-union salary levels as
outlined in the memo from the City Administrator.
On roll call vote, the motion passed 3-2 with Councilors Chadwick and Figley voting
nay.
Mayor Kirksey stated that she feels that the Council needs to address the outstanding
issue of merit on a timely manner since there are employees that deserve to be looked at
for merit.
Councilor Figley stated that it is very clear that merit is an issue and she is concern that
merit is not the same as longevity and quantifible objectives are not found in every
department.
Councilor Jennings agreed with comments made on the merit issue but the motion passed
restricts payment of wages into the merit range would not be allowed in 1997-98.
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Mayor Kirksey stated that, in her opinion, there is a difference in how the Council elects
to implement a merit pay system and it will ultimately be the will of a majority of the
Council when and how a system is implemented.
Councilor Pugh expressed his opinion that the Council needs to respect the wishes of the
Budget Committee even though some staff members are deserving of raises but the
voters of Woodburn voted in favor of Measure 47 to limit property taxes. Future
planning on how to implement future increases may have a greater impact on the
public's perception rather than ignoring the wishes of the public at this time.
Mayor Kirksey stated that she did not feel that taking the leadership and looking at the
merit issue is inappropriate at this time, therefore a workshop on this issue should be
called for within the near future.
1345 APPROVAL OF CLAIMS FOR MAY 1997.
SIFUENTEZ/PUGH... approve claim #36813 - 37130 issued for the month of May
1997. The motion passed unanimously.
1360 SITE PLAN ACTIONS.
A) Site Plan Review #97-04 RE: Kentec Heating Warehouse, 2129 N. Front Street. No
action was taken by the Council on this issue.
1380 STAFF REPORTS.
A) Preliminary Title Report for Woodburn Senior Estates Park ---
Attorney Shields stated that the report has not been received back from the Title
Company and he will be contacting them this week to obtain a status report.
B) Evaluation and Work Program for Periodic Review of the City's Comprehensive
Plan --- The report summarized the Planning Commission's review and
recommendations of the work to be accomplished in updating the City's plan.
C) City Hall Roof Repair --- The contractor will begin the replacement of the roof on
June 16th unless the weather delays their completion of jobs at other locations which
were scheduled to be completed before the City Hall project.
D) 1997 Local Law Enforcement Block Grant -- Staff will be applying for a direct
1997 LLEBG award of $17,368 from the Bureau of Justice Administration and, if
received, will be used to for capital improvements for public safety purposes in the
1997-98 budget. In 1996, this same grant program provided funds for the purchase of
the Police Department's new Community Action Vehicle (CA V).
E) Building Activity Report for May 1997.
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1490 ADMINISTRATOR'S REPORT.
Administrator Childs distributed copies of a recent legislative bulletin from the League of
Oregon Cities alerting cities that a House vote on Transportation funding is expected for
June 10th and they urged public officials to contact their representatives to support the
bill.
Mayor Kirksey briefly commented on the need to contact Rep. Milne to let her know of
our support of this bill since she has publicly expressed her opposition to the
Transportation package even though, at the Council's hearing on increasing the gas tax,
she publicly stated that the City should not increase the tax rather it should be increased
state-wide.
MAYOR AND COUNCIL REPORTS.
Councilor Sifuentez stated that the City has an excellent staff and does a wonderful job
in maintaining the City, however, the Council needs to listen to the public.
Councilor Pugh stated that the City has some of the best people on staff, however, this
issue is about the escalated method in which the implementation of the matrix was
accomplished. He also stated that he had seen a comment in one of the local newspapers
from our local representative who now suggests that the City vote for the $.02 gas tax
which is contrary to her earlier opinion. In his opinion, an overall state tax would be
more fair since it would not treat our local gasoline dealers unfairly.
Councilor Figley expressed her appreciation to the Administrator for forwarding a copy
of the list of issues for Council review and discussion over the next few months. Of
these issues, the one she wanted to bring to the Council's attention is how to reward
staff for efficient department management when such management results in cash
savings, and, in her opinion, merit is involved which is an issue that needs to be
discussed soon in a workshop format. She also thanked the Mayor for the appointment
of a Centennial Park Committee and she hopes to get this project moving very soon.
1689 Councilor Jennings stated that he had attended a workshop with the Transportation
Commission on collaborative decision making which was very informative. He
reminded the Mayor that she would be taking his place at this meeting on July 3rd and
he will forward the agenda to her as soon as he receives it. In regards to the State
Transportation Plan, this has been a topic of discussion at the Transportation
Commission meetings and, if it is passed by the legislature, it will be a relief to every
city, county, and the state. In doing some research on this issue, Woodburn will realize
about the same amount of money that would be received if we were to pass the $.02
increase in our existing gas tax. The problem in the legislature is not the gas tax portion
but the $1.20 per month charge on the telephone bill.
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Mayor Kirksey reminded the public that the 4th of July Celebration is coming up and
donations for fireworks can be sent to the Woodburn Kiwanis, Noon Club, P.O. 1046,
and she stated that she would be soliciting pledges from the Council for this funddrive.
1850 PUGH/FIGLEY... Representative Milne be advised that the Council is on record in
support of the state-wide gas tax before the legislature so that there is no unfairness to
local gasoline dealers. Following a brief discussion on the content of the motion, the
motion passed unanimously.
1928 Mayor Kirksey also suggested that, after talking to several Councilors, workshops not be
held on Saturday and longer meeting nights be scheduled to address issues on the list
before the Council.
1948 EXECUTIVE SESSION.
JENNINGS/FIGLEy.... adjourn to executive session for the following purposes:
1) To conduct deliberations with persons designated by the governing body to negotiate
real property transactions under the authority of ORS 192.660(1)(e);
2) 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); and
3) To consider records that are exempt from public inspection under the authority of
ORS 192.660(1)(t).
The motion passed unanimously.
The meeting adjourned to executive session at 8:05 p.m. and reconvened at 8:39 p.m..
1963 JENNINGS/FIGLEY... in the case of Mar-Dene vs Woodburn and Jensens, 96136 and
96219, that the City Attorney be instructed to appeal the decision to the Oregon Court of
Appeals. The motion passed unanimously.
1985 ADJOURNMENT.
JENNINGS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:41 p.m..
ATTEST~~~.
Mary Te nt, Recorder
City of Woodburn, Oregon
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APPROVED ~ ~~ '~7-.
NANCY A. KI Y, MAYOR
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