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Minutes - 08/25/1997 TAPE READING 0001 0005 0023 0033 0056 ." " COUNCIL MEETING MINUTES August 25, 1997 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 25, 1997. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. ROLL CALL. 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, Finance Director Gillespie, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant MINUTES. FIGLEY/PUGH... Council regular and executive session minutes of August 11, 1997 be approved; the Planning Commission minutes of July 24, 1997 and the Recreation and Park Board minutes of June 10, 1997 be accepted as presented. The motion passed unanimously. Administrator Childs requested that two additional sound amplification permit requests be added as agenda items 10(K). Mayor Kirksey stated that she would also add to the agenda under item 10(L) the recommended appointments of individuals to the Marion County Solid Waste Advisory Committee. ANNOUNCEMENTS A) SUNDAY LIBRARY HOURS --- The Woodburn Public Library will begin their Sunday hours on September 7, 1997. The hours of operation on Sundays will be 1:00 pm to 5:00 pm. B) TEMPORARY CLOSURE OF AQUATIC CENTER will be closed for the period of September the annual maintenance of the pool. The Aquatic Center 1 - 21, 1997 for C) LUBA REMAND HEARING: LAPOINTE SITE PLAN -- hearing before the City Council will be held on Plan on Monday, September 22, 1997, 7:00 pm, in Council Chambers. A public LaPointe the City Site Hall Page 1 - Council Meeting Minutes, August 25, 1997 '~'" .'-~"'" .,-+"~-~,,"'-". ,-, -_...."_._-_.~.......,._._--,.--_._._~..__._~-".-._~ - . TAPE READING 0093 0151 ."') COUNCIL MEETING MINUTES August 25, 1997 D) CANCELLATION OF SPECIAL COUNCIL MEETING -- Mayor Kirksey stated that she has canceled the special meeting called for Tuesday, August 26th, since there is a quorum of Councilors present at this meeting. MEMORANDUM FROM THE COUNCIL OF GOVERNMENTS -- Mayor Kirksey read the memorandum from Executive Director David Galati informing the Mayor and Council that Mayors and Commissioners from Marion, Polk & Yamhill counties had met on August 13th to discuss the Governor's failed transportation package and the participants had decided to send a resolution to each local government within these counties urging the Governor to convene a special session of the legislature to address the transportation issue. Mayor Kirksey stated that she has signed the resolution provided by COG and has returned it to COG for submittal to the Governor. PUBLIC HEARING - WOODBURN COMPREHENSIVE PLAN CHANGES REGARDING WATER AND WASTEWATER PLANS. Mayor Kirksey opened the public hearing at 7:08 p.m.. Public Works Manager Rohman stated that the City is in the process of updating our current Comprehensive Plan (Woodburn 2000) which was completed about 20 years ago. The updated plan will provide a planning guide for the community through the year 2020. The Wastewater Facilities Plan and draft Water Master Plan call for changes to be made in the Comprehensive Plan to meet specific goals and policies related to each area. He stated that LCDC does want to review and make appropriate comments on the City's Water Master Plan before the Council formally adopts the Water Master Plan. In summary, the document language has been brought up-to-date and verbiage was added to include both the Water Master Plan and Wastewater Facilities Plan as part of the Comprehensive Plan. Also added was a set of goals for Water and Wastewater and an abstract of the water and wastewater elements of the Comprehensive Plan was rewritten. Councilor Pugh questioned the status of the Water Master Plan and the impact of adopting changes to the Comprehensive Plan prior to the adoption of the master plan. In his opinion, more work is necessary on the water master plan in order to address the placement of a third treatment and distribution site within the City along with other issues such as taking the iron out of the water. Public Works Manager Rohman stated that as the City proceeds with the Water Master plan, there are guidelines to follow, which includes the third treatment site issue, and the Council will be involved in that decision process. He reiterated that the Comprehensive Plan is a planning document which is a roadmap to follow. Page 2 - Council Meeting Minutes, August 25, 1997 ____.'M"'_.'.' ""_,,,~,,,,,_,_,_~ - . TAPE READING 0428 0440 0448 0690 0760 .""11 COUNCIL MEETING MINUTES August 25, 1997 Councilor Pugh expressed his opinion that the Water Master Plan should consist of a strong committee, such as the Wastewater Facilities Plan committee, and it should start as early as possible. No one in the audience commented on the proposed changes. Administrator Childs stated that, if the Council approved the proposed changes, the next step in this process is to direct staff to prepare an ordinance to adopt the amendments. Mayor Kirksey declared the public hearing closed at 7:18 p.m. FIGLEy/PUGH.... approve the proposed changes to the Comprehensive Plan in the area of water and wastewater and direct staff to draft ordinance to adopt the amendments. The motion passed unanimously. TABLED BUSINESS. A) Woodburn Downtown Association request for removal of trees on Front Street -- No action was taken by the Council to remove this item from the table. B) Woodburn Downtown Association request for parking restrictions -- No action was taken by the Council to remove this item from the table. COUNCIL BILL 1758 - ORDINANCE INCREASING THE MOTOR VEHICLE FUEL TAX. PROVIDING FOR THE ADMINISTRATION. ENFORCEMENT. AND COLLECTION. AND REFERRING ORDINANCE TO THE ELECTORS. Mayor Kirksey stated that this bill had been introduced at a prior meeting. Attorney Shields stated that the ordinance contains the updated technical language relating to the passage of Ballot Measure 50, the inclusion of a regional gas tax, and an election date of November 4, 1997. He reviewed each Whereas clause and Section within the ordinance affected by these changes. FIGLEy/PUGH.... amendments proposed by staff be approved. The motion passed unanimously. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1758 duly passed. COUNCIL BILL 1820 - RESOLUTION URGING GOVERNOR KITZHABER TO CONVENE A SPECIAL SESSION OF THE LEGISLATURE TO CONSIDER AN ADDITIONAL STATEWIDE VEHICLE FUEL TAX. Council Bill 1820 was introduced by Councilor Hagenauer. Recorder Tennant read the bill in full at the request of the Mayor. SIFUENTEZ/PUGH... re-order the numbers on the bill to #1 through #5. The motion passed unanimously. Page 3 - Council Meeting Minutes, August 25, 1997 T" ..... ,.._..._.,..,,~~._,.,._._., __.. ..~___. ,'_M"'_. .. I TAPE READING 0915 0940 0965 0975 1015 .", COUNCIL MEETING MINUTES August 25, 1997 Councilor Pugh stated that he would like the public to know what this resolution says and suggested it be printed in the Woodburn Independent. Mayor Kirksey stated that she would include it in her weekly column. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1820 duly passed. COUNCIL BILL 1821 - RESOLUTION ENTERING INTO AGREEMENT WITH SALEM AREA TRANSIT DISTRICT FOR 1997-98 SPECIAL TRANSPORTATION FUNDS. Councilor Hagenauer introduced Council Bill 1821. 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 1821 duly passed. COUNCIL BILL 1822 - RESOLUTION ENTERING INTO A LOCAL AGENCY FUND EXCHANGE AGREEMENT WITH STATE DEPT. OF TRANSPORTATION FOR IMPROVEMENT OF THE RAILROAD CROSSING AT BOONES FERRY ROAD. Council Bill 1822 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, Council Bill 1822 passed unanimously. Mayor Kirksey declared the bill duly passed. ACCEPTANCE OF UTILITY EASEMENT IN CONJUNCTION WITH CENTENNIAL SUBDIVISION. Utility easements were conveyed to the City for utilities installed adjacent to Orchard Lane and Centennial Drive. FIGLEY/SIFUENTEZ.... accept the easements from Donald & Agnes Hagenauer, Karen Hagenauer, and Ronald Smith & Windsor Properties Inc. as presented. The motion passed unanimously. ACCEPTANCE OF UTILITY EASEMENT IN CONJUNCTION WITH 1-5 PUMP STATION AND FORCE MAIN PROJECT. Staff recommended the acceptance of a utility easement from Marion County Housing Authority for tax lots #92290-090, 92290-220, and 92290-239. FIGLEy/SIFUENTEZ.... accept the easement from Marion County Housing Authority as presented. The motion passed unanimously. CONTRACT AWARD #98-02 -- EXTERIOR PAINTING OF WATER TOWER. Bids were received from the following contractors for the exterior painting of the 750,000 gallon water tower: Long Painting Company, $84,385.00; S&K Painting Inc., $89,000; and Dunkin & Bush, Inc., $246,000.00. Page 4 - Council Meeting Minutes, August 25, 1997 .. 1 r ,-- .._._.__....-_._,_.-..~._..._.__.._-'---'-_."-_._-~- TAPE READING 1052 1068 1109 ~~ COUNCIL MEETING MINUTES August 25, 1997 FIGLEY/PUGH... award the contract to the low bidder, Long Painting Company, in the amount of $84,385.00. The motion passed unanimously. It was also noted that, over the next 10 years, the lease payment received by the City for lease of space on the tower to a cellular phone company will pay for the cost of the exterior painting. CONTRACT AWARD - I - 5 PUMP STATION AND FORCE MAIN. Bids were received from the following contractors for this project which is part of the overall sewage improvements provided for within the Wastewater Facilities Plan: James Fowler Co, $387,067.00; and Alliance Corporation, $454,707.00. Staff recommended the acceptance of the low bid which was 5.9% below the engineer's estimate of $411,131.00. FIGLEY/PUGH... accept the low bid from James Fowler Co. in the amount of $387,067.00. The motion passed unanimously. REQUEST FOR SOUND AMPLIFICATION PERMIT - 565 5TH STREET. A request for a sound amplification permit was requested by Reyna Aguilera, 565 5th Street, for the purpose of having a musical group play at their residence during a celebration for their 50th wedding anniversary. Chief Wright recommended that the permit request be denied since the use of sound amplification devices would disturb the residents within the neighborhood. FIGLEy/PUGH.... recommendation from staff be followed and deny the request for a sound amplification permit. The motion passed unanimously. COUNCIL DISCUSSION ON POSSIBLE GARBAGE FRANCHISE FEE INCREASE. Administrator Childs reviewed his staff report requesting Council dialogue on the possibility of increasing the garbage franchise fee since this is an appropriate time to re-open negotiations with United Disposal Service. The principal reason for re-opening the agreement relates to the yard waste recycling program and updating fees associated with this service. It was noted in the memo that the City currently charges a 3% franchise fee of gross revenues while state law allows up to a 5% franchise fee. United Disposal Service has indicated that they are willing to discuss a fee increase, however, any increase would be passed on to the customers. Additionally, the City Attorney's legal opinion on the issue of whether or not a franchise fee increase would be classified as a fee shift under Ballot Measure 50 should be completed by the first meeting in September. Councilor Figley stated that she wanted to review the City Attorney's opinion before any decision is made on this issue. Page 5 - Council Meeting Minutes, August 25, 1997 -. TAPE READING 1316 1453 ."", COUNCIL MEETING MINUTES August 25, 1997 Brief discussion was held regarding the continuation of this matter until the latter part of September or first part of October. Administrator Childs suggested that the City not wait too long since United Disposal Service wants to move forward on finalizing an agreement. Mayor Kirksey stated that she would prefer that this issue be delayed at least until the last meeting in September since two Councilors would not be able to attend the first meeting in September. PUGH/FIGLEY... move to defer this issue until two Council meetings from tonight. Further discussion was held on the exact date in which this issue would be discussed. The motion and second were withdrawn. PUGH/FIGLEy.... defer this issue until the first Council meeting in October with the staff support information available at that time. The motion passed unanimously. REOUEST FOR SOUND AMPLIFICATION PERMITS. Administrator Childs stated that the City had recently received two additional requests for sound amplification permits. Both requests involved the use of sound amplification devices for private parties in a residential area. FIGLEY/PUGH... request for sound amplification permit requested by Antonio Flores, 830 Elana Drive, be denied per Chief Wright's recommendation. The motion passed unanimously. FIGLEY/PUGH... request for sound amplification permit requested by Everardo Gonzalez, 218 Oswald St., be denied per Chief Wright's recommendation. The motion passed unanimously. Councilor sifuentez expressed her appreciation to the individuals who had followed the procedures to request the permit even though those requests had been denied by the Council. MARION COUNTY SOLID WASTE ADVISORY COMMITTEE -- RECOMMENDATION OF INDIVIDUALS FOR APPOINTMENT TO COMMITTEE. Mayor Kirksey stated that Ron Lilienthal and David Vancil, both residents of the City, have expressed an interest in representing Woodburn on the Marion County Solid Waste Advisory Committee. Currently, there is no one on the committee from this area and there are two slots on the committee that are vacant. She requested that the Council pass a motion to recommend to the County Commissioners that these individuals be appointed the committee. SIFUENTEZ/FIGLEY... recommend to the Marion County Commissioners the appointment of Ron Lilienthal and David Vancil to the Solid Waste Advisory Committee. The motion passed unanimously. Page 6 - Council Meeting Minutes, August 25, 1997 ......--- ,..-,. ...,....._.,.,... ""....~._~,.-.- ._~_._-_._..,---<- .. I ."l COUNCIL MEETING MINUTES August 25, 1997 TAPE READING 1492 Jim Audritsh, 16775 Butteville Rd. NE, expressed his appreciation to the Public Works Director for his work in coordinating the work relating to the Boones Ferry Rd. railroad crossing improvement. Mark Nelson, 990 Cupids Knoll, Monmouth, spoke on the Council's passage of Council Bill 1758 (Ordinance imposing additional motor vehicle fuel tax and calling for an election on November 4, 1997). He stated that the City is the only local government imposing a tax on diesel fuel in addition to gasoline. He, along with other local gasoline dealers in Woodburn, object to this additional tax and they will be actively opposing the passage of this ballot measure. In his opinion, the passage of this bill has created a confrontational situation between the City, businesses, and the general public. If the measure is defeated, the dealers will be looking at referring to the voters the repeal of the current one cent tax. He stated that he had spoken with Paul Simmons, representative from Waremart, who informed him that the City had given Waremart a verbal agreement that, if the additional 2 cent gas tax was implemented, Waremart would not have to pay the tax. Mr. Nelson also reiterated his suggestion that the City submit a general obligation bond measure in November 1998 to the voters as a means of obtaining sufficient funds to make necessary street repairs and future street improvements. Those funds, in addition to all other state gas tax revenues received by the City, should be more than enough to pay for the street improvements. He also felt that the legislature would convene later this year and he hoped that they would come up with a transportation package that would help cities and counties. Frank Connerton, 1427 Ten Oaks Lane, requested that a stop sign on Senecal Creek Lane and the installation of a speed bump in order to stop the speeding in this area. In addition, the bridge at Senecal Creek is, in his opinion, not up to Dept. of Transportation standards. The end of the bridge is very dangerous and a child could fall down/over the embankment. Staff will check out this situation and report back to the Council. Mr. Connerton also questioned where a property owner's property line actually begins from the middle of the street. Director Tiwari stated that if the City had a 60' wide right- of-way and the roadway was 34' wide, the property line would be 13' from the curb. Maintenance of the 13' area is done by individual property owners even though it is owned by the City since they enjoy the use of the property. Page 7 - Council Meeting Minutes, August 25, 1997 T .,.,,--,...-.~.., ._-----,~-._.__._,..,. .. I TAPE READING 1995 2022 2174 ..., COUNCIL MEETING MINUTES August 25, 1997 SITE PLAN ACTIONS/INTERPRETATIONS/SUBDIVISIONS. A) PLANNING COMMISSION INTERPRETATION OF SIGN CODE - - At the July 24, 1997 Planning Commission meeting, the Commission adopted a final order on the interpretation of the Sign Code as it relates to integrated business center. The Council took no action on this Planning Commission decision. B) SUBDIVISION #97-03/MINOR PARTITION #97-08 -- PAULUS ESTATES -- The Council took no action on the Planning Commission's approval, with conditions, of the Paulus Estates minor partition in conjunction with their 15 lot subdivision application. STAFF REPORT. A) PROPOSED MARION COUNTY GAS TAX - - Administrator Childs alerted the Council that Marion County is considering the placement of a motor fuel tax and vehicle registration fee on the November 4th ballot. Estimated annual revenues to be received by the City range from $269,235 to $308,345. A public hearing will be held before the Marion County Commissioners on Wednesday, August 27th, on this issue along with other County tax proposals. MAYOR AND COUNCIL REPORTS. Councilor Figley stated that the Council is responsible for the oversight of millions of dollars worth of streets and utility infrastructure. In her opinion, the City has 3 options: 1) do nothing and continue as is; 2) ask for a tax increase; or 3) submit a bond issue to the voters. In reviewing the options, she stated that doing nothing at this time is unacceptable and irresponsible to the extreme. By asking for a tax increase, it places the some of the burden on people who utilize the streets, some of which do not live in Woodburn. If the gas tax were to fail, she would support a bond issue, however, she feels that the users of the streets should be paying for the repairs rather than placing the burden totally on the property tax payers. By referring this issue to the voters, they will be making the decision. She had hoped that the State would have taken some action to implement a transportation package, but with there inability to agree on a package before the end of the legislative session, the City will pursue the fuel taxation increase at the local level. Councilor Sifuentez stated that she supported the statements made by Councilor Figley. Concerned citizens in favor of the gas tax will be distributing flyers to the voters so that they will be better informed as to the impact of this measure. Page 8 - Council Meeting Minutes, August 25, 1997 T"H ."--'~ -'-...........-, ,. .._-- ..- ---, ,-'---~ ..,...-.~,.,.,,_...._-.-._-_.'-~. 'II 1 ,. TAPE READING 2454 2556 ...., COUNCIL MEETING MINUTES August 25, 1997 Councilor Chadwick stated that she was glad that it was going to the voters so that they can make the choice. Councilor Pugh stated that he respects Mark Nelson and complimented him on his discussion, however, he did not feel that a bond issue increasing property tax would be an acceptable method of obtaining the necessary funds to repair streets. He reiterated his belief that a working group of businesses that would come to the City to discuss other viable options. In regards to the potential waste of funds already being received by the City, Councilor Pugh objected to Mr. Nelson's comments on that issue and stated that there is no waste of City funds. The problem before the community is the issue of repairing the roads and, until other options are brought forth, he feels that the fuel tax increase is solution to this problem. In regards to the differences in prices charged by dealers, he stated that the gas stations in town charge different prices for fuel and, in his opinion, the two cent per gallon increase will not adversely affect the local businesses. He suggested that the dealers take a good look at their cost and distribution system. Regarding the verbal agreement with Waremart, the Council stated that City officals did not make any verbal agreements with Waremart on this issue and they would be required to pay the tax if it is passed by the voters. Mayor Kirksey stated that she, along with Councilors Figley, Pugh, and Sifuentez, had visited the Woodland Ave. area in which a request had been made to provide water service to the median strip so that landscaping could be maintained during the summer months. It was a consensus of the group to ask staff to provide, at the next meeting, an estimated cost to install water service to the median strip located north of the new street behind Miles Chevrolet. As far as the other median strips in the area, no action will be taken until such time as the City can negotiate with the State any modifications to woodland Avenue near the Highway 219 intersection. Mayor Kirksey stated that Councilors Pugh and Figley made statements similar to what she would have made and commented that there is a $.14 differential between a gas station on one side of the freeway to stations on the other side, therefore, she does not thoroughly understand how $.02 can make a difference to the station owners. EXECUTIVE SESSION. FIGLEY/PUGH... Council adjourn to executive session under the authority of ORS 192.660(1) (e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. The motion passed unanimously. Page 9 - Council Meeting Minutes, August 25, 1997 r --.'..........-.---..' 11 -~ I TAPE READING 2568 2576 ATTEST COUNCIL MEETING MINUTES August 25, 1997 ..." The meeting adjourned to executive session at 8:18 p.m. and reconvened at 8:38 p.m.. Mayor Kirksey stated that no action will be taken by the Council as a result of the executive session. ADJOURNMENT. PUGH/FIGLEy.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:39 p.m.. APPROVED </-.:::?~<~ NANCY A. ~~* Mar T nant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, August 25, 1997 _~._."~,A,..__. __--.-,-...,.~..., ,. .__,...'.~_.,.~.._~~... . ..__~_.__~_,m,,_