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
".........-,.