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Minutes - 08/11/1997 TAPE READING 0010 0020 0060 r ..., COUNCIL MEETING MINUTES August 11, 1997 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 11, 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 Absent Present Present Present staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Library Director Sprauer, Public Works Manager Rohman, Park Maintenance Supervisor Pitt, Finance Clerk Deen. MINUTES. Jennings/Figley...Approve the regular and executive session Council meeting minutes of July 28, 1997, and the Council workshop minutes of August 4, 1997. The motion passed unanimously. APPOINTMENTS. Mayor Kirksey appointed Dorothy Senatra, 1600 Country Club Circle, to serve on the Recreation and Park Board, with the term ending December 31, 1999. Jennings/Figley...Motion to approve the appointment of Dorothy Senatra to the Recreation and Park Board with term to expire December 31, 1999 - The motion passed unanimously. Preston Tack, 2197 Camellia Way, accepted the appointment for Dorothy Senatra, as she was unable to attend the Council Meeting. ANNOUNCEMENTS. A Public Hearing on the proposed amendments to the Comprehensive Plan regarding wastewater planning issues will be held on August 25, 1997 at 7:00 PM in the Woodburn city Hall Council Chambers. .... "~-"~',"","_.' ..'~"_.,,.,~_....< .. ,.' "-'--- _.,,- ._._.~_..._..." TAPE READING 0101 0275 0323 0375 0395 ..." COUNCXL MEETXNG MXNUTES August 11, 1997 CHAMBER OF COMMERCE REPORT. Scott Cummins, Bank of America, addressed the Council on behalf of the Chamber of Commerce Board and stated that the Chamber After Hours would be held at Woodburn Carcraft on Thursday, August 14th, at 4:30 p.m., and the Chamber Forum would be held at the Woodburn Medical Center at noon on August 20th. He also introduced the new Woodburn "lure" brochure, which the Chamber has recently published. BUSXNESS FROM THE PUBLXC Tom Waggoner, 849 Woodland Avenue, asked to read his memo to the City Administrator concerning the beautification of the Woodland median strip, asking Council's help in preserving the median when Woodland Avenue is widened to accommodate the traffic signal on Highway 214 and Woodland. He invited Council to visit the site. Councilor Pugh also urged the Council to visit the site. Mayor Kirksey set the site visit at 6:00 p.m. August 25, 1997, immediately before the Council meeting. Mr. Wagner also expressed praise to Parks Maintenance Supervisor Pitt for keeping Woodburn's parks in good shape. Marilyn ---- Christ (no address given) addressed the Council with remarks concerning her religious beliefs. TABLED BUSXNESS. COUNCXL BXLL 1758 - AN ORDXNANCE XNCREASXNG LOCAL GAS TAX Jennings/Pugh...Motion to remove Council Bill 1758 from the table in its original format. The motion passed unanimously. Jennings/Pugh...Motion to amend Council bill 1758 and request Staff to update the ordinance with current dates and current information and to present for council consideration at the next Council meeting. City Administrator Childs questioned the Mayor for clarification that the Council is considering puttin~ Council Bill 1758 on the ballot for the November, 1997 electlon. Mayor Kirksey stated the issue would be on the November, 1997 ballot. Councilor Jennings reminded the Council that the bill must be adopted by the Council by the August 25, 1997 council meeting, and that this time line would give staff just two weeks to revise the bill and bring it up to date, however, he suggested discussion of the issue oe hela at this meeting. The motion passed unanimously. Page 2 - Council Meeting Minutes, August 11, 1997 r -.., ,. ,-.-...,....--,..--.,. '"",...-.........-.... .."-~ m . TAPE READING 0450 0478 0527 0543 0590 .., COUNCIL MEETING MINUTES August 11, 1997 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. WOODBURN DOWNTOWN ASSOCIATION REOUEST FOR PARKING RESTRICTIONS. No action was taken by the Council to remove this item from the table. COUNCIL BILL 1819 - A RESOLUTION DIRECTING PLACEMENT OF STOP SIGNS AT THE INTERSECTION OF SETTLEMIER AVENUE. PARR ROAD AND S. FRONT STREET. CREATING A FOUR-WAY STOP. Councilor Sifuentez introduced Council Bill 1819 and Administrator Childs read the bill by title only since there was no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared the bill duly passed. NO PARKING RESTRICTION ON WEST SIDE OF SETTLEMIER AVENUE FROM PARR ROAD NORTH TO SETTLEMIER PARK FOR INSTALLATION OF BIKE LANE. Figley/Jennings...Motion that Council take no action at the present time. The motion passed unanimously. Councilor Figley prefaced her motion be stating that she is in the neighborhood affected by the no parking restrictions and the neighborhood is opposed to the restrictions. She suggested that Public Works Director Tiwari have a meeting with the neighborhood about the issues of concerns. NO PARKING ON BOTH SIDES OF PARR ROAD FROM SETTLEMIER AVENUE TO THE WEST END OF THE NEW SCHOOL. JENNINGS/PUGH---Motion that Council approve the installation of no parking signs on both sides of Parr Road from Setttlemier Avenue to the west end of the new school. The motion passed unanimously. ACCEPTANCE OF UTILITY EASEMENT AS PART OF 1-5 PUMP STATION AND FORCE MAIN PROJECT. Jennings/Figley...Motion to accept the utility easement as part of the 1-5 pump station and force main project. The motion passed unanimously. AMPLIFIED MUSIC REOUEST FROM THE HOUSE OF ZION Councilor Jennings stated some concerns about loud music amplification disturbing Woodburn Citizens and the possible need to have some restrIctions when granting these requests. Jennings/Figley...Motion to grant the amplified music request from the House of Zion. The motion passed unanimously. RECRUITMENT OF RECREATION & PARKS DIRECTOR/REPORT ON EVALUATION OF PARK DEPARTMENT ORGANIZATIONAL STRUCTURE. Jennings/Figley...Motion to have the City Administrator be authorIzed to proceed with the recruitment of a new Park and Recreation Director. The motion passed five to one, with Councilor Pugh voting nay. Page 3 - Council Meeting Minutes, August 11, 1997 r >..",. """_'''"''~'._''m "IT I .. TAPE READING 0760 0792 -. COUNCIL MEETING MINUTES August 11, 1997 Councilor Pugh addressed Administrator Childs statin~ his concern that the written documentation contains noth~ng about marketing responsibility and that he felt it should be included. He stated that he would like to go on record stating that he feels that in order to avoid problems the marketing decision has to be the Park Director's basic responsibility and not that of the pool supervisor. Administrator Childs questioned whether Councilor Pugh was referring to independently engaging the services of a marketing firm, and statea that the City has done so in regard to the aquatic center. Councilor Pugh stated he was referring to the lack of a marketing plan ex~ected from the pool organization and he stated he felt th~s should be the responsibility of the Park and Recreation Director, and not the pool supervisor. Administrator Childs stated that he felt that there were some things that were inherent in a mana~ement-level job and the document was not intended to specif~cally discuss the jOb description of the Director, but simply, as requested, to evaluate generally the organizational structure of the department. Mayor Kirksey questioned Administrator Childs whether the council will be able to examine the job description before recruitment is begun. Administrator Childs stated that the jOb description is the same as was given to the Council in the June Workshop, and as indicated in the memo, it would be appropriate in the recruitment announcement to specify that the applicant have an adequate knowledge of aquatic center operations. APPROVAL OF CLAIMS Sifuentez/Pugh....Approve Claim #37341 - 37883 issued for the month of July 1997. The motion passed unanimously. PUBLIC COMMENT Layton Frawley, 1243 Willow Avenue, expressed his a~preciation for the excellent Clean-up done at French Prairie M~adle School field after last weekend's soccer matches. Mayor Kirksey stated that there were about 600 soccer players in Woodburn over the weekend, and that she too was impressed with the orderliness of the group. Ron Halter, 16700 Arney Road, spoke on behalf of the Gasoline Dealers Association of Woodburn, concerning the Dealers' opposition to the pro~osed gas tax. He thanked the Council and the staff for the~r past efforts put forth on behalf of the citizens to be fair and evenhandea, but stated that at the present time, the gaSOline dealers of Woodburn are not being treated fairly. He stated that the proposed gas tax would be catastrophic to the dealers and urged Council to let the Governor have more time to enact a state-wide gas tax. Page 4 - Council Meeting Minutes, August 11, 1997 r . "'.- .".... ....--........-...., ...,,-...._~.__._--.__.._-~---~,-"-- TAPE READING 0847 0883 0914 0975 1103 1212 -, COUNCIL MEETING MINUTES August II, 1997 Mr. Halter continued, stating that the dealers have two choices - to pass the increase on to the public or to have it come out of the dealer's net profit. He state that a gasoline tax of three cents would take away thirty-three percent of the dealer's livelihood and they can not afford the loss. He stated that higher tax would mean higher prices at the pump and therefore freeway traffic would ny-pass Woodburn, and local consumers would likely go out of town to buy cheaper gas. He reiterated that the proposed tax would be catastrophic to dealers, and asked the Council to find another way to take care of Woodburn's roads. Mr. Halter appealed to the Council to drop the gas tax proposal, ana that if it is put to a vote of the people, the dealers would be forced to marshall their resources to oppose the issue. He suggested that perhaps a county-wide or regional tax would be a better way to go. Mr. Halter stated that the Gasoline Dealers Association would support a statewide tax of 6%, but would fight any city tax. Councilor Jennings explained that the ordinance would contain a revocable clause, but that the issue is planned for the November 1997 ballot. The revocable clause states that if there is a regional or state-wide gas tax enacted that would give the City the two cents, Woodburn's gas tax would be revoked. Councilor Jennings questioned why the dealers would support a state-wide gas tax of six cents, and then say that the City gas tax of three cents would be catastrophic. Mr. Halter stated that the six cents would be supported because it would be spread throughout the state rather than punish only the dealers in Woodburn. Councilor Jennings stated that he had been in a meeting with the Governor in which the Governor stated that he would not convene a special session of the legislature for the gas tax issue only. Councilor Jennings stated that the City nas three options - to let the streets 90 unrepaired; to float a bond issue that ensures only the C~tizens of Woodburn would pay for street repairs; or to put a local gas tax into effect. Councilor Pugh stated that he felt the County and other cities would follow Woodburn's lead in imposing a 9as tax. He stated that Woodburn gas already seems to be the h~ghest in the area at the present time. Mayor Kirksey stated that the best way to get the legislature to support the statewide tax is for local municipalities throughout the state to pass a local option gas tax. Page 5 - Council Meeting Minutes, August II, 1997 T -~-""-"~-'_'_~___'~~""'+>.K_"'.4""'~~'_'_""__'____'_.____~._..~"_~_ . m TAPE READING 1235 1355 1406 1471 1507 1597 1715 ~, COUNCIL MEETING MINUTES August 11, 1997 Councilor Figley stated that perhaps the representatives from Woodburn need to be confronted regarding the issue. Councilor Jennings suggested the Council pass a Resolution urging the governor to convene a special session to take on the transportation issue. Councilor Pugh - stated that the Council is elected by the people of Woodburn to care for and protect the assets of their City, and the upkeep of the streets and roads are part of those assets. Councilor Chadwick commented that gas ~rices were much lower in the eastern ~art of the state than ~n the Woodburn area and that it is diff~cult to understand the discrepancies in prices. Mr. Halter stated that he wanted to ask the Council again to reconsider, as the three cent tax would take 1/3 of the Dealer's profit. Marc Nelson of 293 N. Pacific Hi9hway spoke in defense of local legislators and noted poss~ble inefficiency and poor judgement sometimes used by the Oregon Department of Transportation. JENNINGS/PUGH...Motion that the Council request staff to draw a resolution to our legislative delegation in this district and to the Governor, strongly supporting a special session of the legislature to review the gas tax issue. The motion passed unanimously. Mayor Kirksey stated that when the resolution is passed, she will personally send copies to all mayors in the state to encourage their city councils to also send resolutions to the legislators and the governor. SITE PLAN ACTIONS A. Subdivision 97-02; site Plan Review 96-21 (Hollywood Video) : No action was taken by Council on this site plan. B. site Plan Review 97-08 - Chu's Eaterv addition: No action was taken by Council on th~s site plan. c. site Plan Review 97-09 and Conditional Use 97-02 _ Communication Tower: No action was taken by Council on this site plan. STAFF REPORTS. Al PARR ROAD LID STREET IMPROVEMENT Public Works Director Tiwari stressed that the CitV is trying to make sure students walking to school on Settlem~er Avenue and Parr Road will have a paved surface to walk on. He stated that a sidewalk will be installed on the west side of Settlemier Avenue up to Parr Road, a bike path on Parr Road and that there will be a guarded crossing across Parr Road to ensure the safety of the children. Page 6 - Council Meeting Minutes, August 11, 1997 I '--'''-'''-''--'-1''--''.--~""''---'"''''-'_ ,'..,. ..,.... _..~_."..~______. m . , TAPE READING 1833 1869 1888 2142 2215 2330 2400 .', COUNCIL MEETING MINUTES August 11, 1997 councilor Figley discussed her concerns of the danger of children either riding or walking in the bike path. Councilor Sifuentez also expressed her concerns about the bike paths and the problem with speeders in school areas. Mayor Kirkser questioned whether it would be possible to double the f~nes in school areas, such as is now being done in construction zones. Police Chief Wright explained that the speed limits are not set bI the Police department, however the department places schoo zones in high priority for enforcement. He discussed various ways to control speeders and stated that he supported the no parking restrictions and the bike path near the schools. He stressed that the Police department is very willing to work with neighborhoods concerning speeding problems. Public Works Director Tiwari spoke in answer to the Mayor's question about the fines, stat~ng that the Speed Control Board sets the speed limits. City Attorney Shields stated that the City does not have the power to dictate its own fines, as all fines must be set by State statute. Nuisance Enforcement Report Building Activity Report for JUly, 1997 ADMINISTRATOR'S REPORT. City Administrator Childs stated that he had received an anonymous letter for the City and Council. He wanted to remind the pUblic that no letters or information would be dealt with by the Council unless such letter is signed. MAYOR AND COUNCIL REPORTS Councilor Sifuentez stated that the Woodburn Fiesta Days was a great success and wished to thank Chris Villastrigo and Maggie Garcia for their work in overseeing the Fiesta. Councilor Pugh questioned whether the stoplight on 214 is being installed in November. Public Works Manager Rohman assured him that it is planned for November. Councilor Figley also expressed her thanks to Chris Villastrigo and Maggie Garcia for a wonderful Fiesta. Councilor Jennings stated that the Cleveland Street railroad tracks issue is being resolved. He reminded the Council that he would be absent from the August 25, 1997 meeting. He stated that he did not disagree with the discussion regarding the median strip on Woodland Street, but wished to rem~nd those involved that perhaps they should talk to the Department of Transportation concern~ng the beautification project, so that whatever work is done to beautify the area would not be torn up when the Department of Transportation came in to widen the area. Page 7 - Council Meeting Minutes, August 11, 1997 r "'^.._-_.._-_..-.....~-,_.., .. . -..--'. TAPE READING 2553 2640 2820 TAPE 2 0530 0550 -, COUNCIL MEETING MINUTES August 11, 1997 Mayor Kirksey - Stated that she had ridden with Chief Wright, visiting the National Night Out festivities on August 5th and was encouraged to see how many neighborhoods are becoming involved. She also wanted to compliment those involved in helping to make the Fiesta Oafs a success, and to thank the Parks Department for fix~ng the parade vehicle. Mayor Kirksey stated that she would like volunteers for a committee to work with the Latin America Club to look at what needs to be done about fees and direction concerning the Fiesta. Councilors Jennings, Figley and Sifuentez agreed to serve on the committee. Chief Wright stated that all ~rivate securitf individuals in the State of Oregon must be l~censed and tra~ned. The Fiesta hired private security this year. There were a total of 14 calls related to the Fiesta and the private security personnel were very competent in their own right, and worked well with the Woodburn Police to keep order during the Fiesta. EXECUTIVE SESSION. JENNINGS/FIGLEY....Motion to adjourn to executive session under the authority of ORS 192.660(1) (e) to consult with counsel concerning the legal rights and duties of a public body with regard to current lit~gation or litigation likely to be filed, And under the authority of ORS 192.660(1)(f) to consider records that are exempt from pUblic inspection. The motion passed unanimously. The Council adjournea to executive session at 8:15 p.m. and reconvened the meeting at 8:50 p.m. The following action was taken as a result of the executive session: JENNINGS/PUGH...Motion to have the City attorney, in concert with the Police Chief, review and revise Ordinance 1187 dealing with solicitation. The motion passed unanimousiy JENNINGS/Pugh...meeting be adjourned. The motion passed unan~mously. The meeting adjourned at 8:57 p.m. APPROVED /z.o ~ ~~"')- NANCY"A. RKSEY, OR ATTEST (l~ I~ Mar T ant Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, August 11, 1997 r -.".....-^-.,_...........--~-,.._._,~._.._.~._.,._."._M__ If I ".........-,.