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Minutes - 06/09/1997 COUNCIL MEETING MINUTES June 9, 1997 TAPE READING 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 Page 1 - Council Meeting Minutes, June 9, 1997 T ,.._-.,-.,--'~---_...- "11 I ----r COUNCIL MEETING MINUTES June 9, 1997 TAPE READING 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. Page 3 - Council Meeting Minutes, June 9, 1997 l' .,"~._, ,.,_..._.~__..,._..___.m',_.'_".""_._'_"'~__'___'"~.___,.~_~_ 1I I ---r COUNCIL MEETING MINUTES June 9, 1997 TAPE READING 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. Page 2 - Council Meeting Minutes, June 9, 1997 ,..,.. ~,",',"~. . ,..._,.,-"~_.._----_.,~--~,._--._--~--.."--"~._,.._.~--_.,.~-~~- '" I -- r COUNCIL MEETING MINUTES June 9, 1997 TAPE READING 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. Page 4 - Council Meeting Minutes, June 9, 1997 .,." ",_",""o",_,__",+'.__M... _k'__,_"~,_"~,~____ ,-" "._.._ __.____.._._.___._,~_"~.__ - - --T COUNCIL MEETING MINUTES June 9, 1997 TAPE READING 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. Page 5 - Council Meeting Minutes, June 9, 1997 - - COUNCIL MEETING MINUTES June 9, 1997 TAPE READING 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. Page 6 - Council Meeting Minutes, June 9, 1997 , ~-'-....,._."-'-,..,.._..._._"" .' ---. .-"-" 11 1 l' COUNCIL MEETING MINUTES June 9, 1997 TAPE READING 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. Page 7 - Council Meeting Minutes, June 9, 1997 - - t COUNCIL MEETING MINUTES June 9, 1997 TAPE READING 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. Page 8 - Council Meeting Minutes, June 9, 1997 .- .-_.._-~.. _ _ _ .__.._.. ,.. ...._ w..__._..,___.._,.__~._."~._'_'_ 'l'I . ~ " \ COUNCIL MEETING MINUTES June 9, 1997 TAPE READING 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 ~' a / /' ... . / APPROVED ~ ~~ '~7-. NANCY A. KI Y, MAYOR . Page 9 - Council Meeting Minutes, June 9, 1997 ."'.__.~_...._-_._,._.~..._----_.~_.._'_.__..-._.~"..--".. _....-..,..~"~~-~,--- 11 1