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Minutes - 12/09/1996 COUNCIL MEETING MINUTES December 9, 1996 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 9,1996. 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 S ifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park & Recreation Director Holly, Police Chief Wright, Finance Director Gillespie, Library Director Sprauer, Public Works Manager Rohman, Assistant City Engineer Morrison, City Recorder Tennant 0020 OATH OF OFFICE. The Oath of Office was taken by Mayor Kirksey, Councilor Pugh, Councilor Jennings, and Councilor Sifuentez who were recently re-elected to their respective positions. 0134 ELECTION OF PRESIDENT OF THE COUNCIL. FIGLEy/PUGH.... nominate Richard Jennings as Council President. PUGH/FIGLEy.... nominations be closed. The motion passed unanimously. FIGLEy/PUGH.... cast a unanimous ballot for Richard Jennings as Council President. The motion passed unanimously. 0159 MINUTES. JENNINGS/FIGLEy.... approve the regular and executive session Council minutes of November 25, 1996 and accept the Planning Commission minutes of November 14, 1996. The motion passed unanimously. 0168 APPOINTMENTS. Mayor Kirksey appointed the following individuals to serve on various boards/committees/commission: Page I - Council Meeting Minutes, December 9, 1996 ~ .. II , "....,..---. COUNCIL MEETING MINUTES December 9, 1996 TAPE READING Budl!et Committee: Position 3 - Tom West Position 6 - Barbara Lucas (reappointment) Term Expiration December 31, 1999 December 31, 1999 Planninl! Commission: Position 2 - Terry Will (reappointment) Position 5 - Alberto Torres December 31, 2000 December 31, 2000 Recreation and Park Board: Position IV - Mel Schmidt Position VI - Eliasar (Char) Quinones Position VII - Barbara Rappleyea (reappointment) December 31, 1997 December 31, 1999 December 31, 1999 Cable TV Advisorv Board: Position 6 - Jack Barnett (reappointment) Position 7 - Milt Parker (reappointment) December 31, 1999 December 31, 1999 JENNINGS/FIGLEy.... appointments to the Budget Committee, Planning Commission, Recreation & Park Board, and Cable TV Advisory Board be approved. The motion passed unanimously. 0217 ANNOUNCEMENTS. (A) A Council workshop with the School Board will be held on Tuesday, December 10, 1996, 7:00 p.m., City Hall Council Chambers, regarding the archeological findings along Mill Creek just east of the high school. (B) A Council workshop will also be held on Monday, December 16, 1996,7:00 p.m., City Hall Council Chambers, regarding the financial impacts of Ballot Measure 47. (C) Holiday Office Closures: City Hall will be closed at noon on December 24, 1996 and all day on December 25, 1996 and January 1, 1997. The Library will be open on December 24, 1996 from 8:00 am to 12:00 noon and closed all day on December 25, 1996 and January 1, 1997. (D) A public hearing will be held before the City Council on January 13, 1997, 7:00 p.m., City Hall Council Chambers, on the Para-Transit Plan. 0280 Administrator Childs requested that agenda item 15(F) be moved to IO(F) so that Council action can be taken at this meeting. Additional materials on this subject were distributed to the Council at the beginning of this meeting. Page 2 - Council Meeting Minutes, December 9, 1996 r '-......-..,..... II I . --r--'.... COUNCIL MEETING MINUTES December 9, 1996 TAPE READING Mayor Kirksey also suggested that the regular Council meeting of December 23, 1996 be canceled since there will not be a quorum present for that meeting. Administrator Childs stated that he had brought this issue before staff prior to the meeting and staff feels that they should be able to wait until the January 13th meeting for any required Council action, however, he reserved the right to hold a special meeting on December 16th if an issue does come up that needs immediate attention. 0362 JENNINGS/PUGH.... item 15(F)(Storm Water Information and Policies) be moved to General Business item 1 O(F). The motion passed unanimously. 0375 CHAMBER OF COMMERCE REPORT. Jane Kanz, Chamber Executive Director, congratulated the Mayor and Councilors on their re-election. Upcoming Chamber events include: (1) Wednesday, December 11th, Planning session for the Chamber Board for the 1997 calendar year; (2) Friday, December 13th, 7:00 am, Woodburn Family Medical Center, a local governments meeting will be held to give all of the local government entities a chance to go over their plans for the next year; and (3) Wednesday, December 18th, 12:00 noon, the Chamber Forum will be held at the Settlemier House and tours will be given to attendees. She also reminded the public that the Chamber and Kiwanis were co-sponsoring the Christmas Lighting contest and the deadline for submitting applications has been extended to December 18th following which entrants will be judged for their displays. 0454 Andy Neliton, owner of Classic Car Wash, questioned the Council as to whether or not they had considered his previous request to obtain some relief on his water/sewer bill. Councilor Pugh expressed his opinion that there is a need for a small committee to study commercial and industrial rates. Discussion has been held in the past on residential rates whereas there has been little or no discussion on how commercial or industrial rates are calculated. Mayor Kirksey expressed her opinion that these rates were thoroughly discussed at the same time residential rates were considered by the Wastewater Advisory Committee. Councilor Figley questioned if the staff had received feedback from other commercial or industrial users. Administrator Childs stated that staff had discussions with Conroy Packing, a restaurant owner, and Classic Car Wash. Mr. Neliton stated that his sewer rate is 5 times higher than what it had been prior to the increase. The self-serve car wash does not have a reclamation system and the pressure wash contributes to the high usage of water. He has since purchased the smallest pressure wash valve that he can find but it has not made that much of a difference on his overall bill. Page 3 - Council Meeting Minutes, December 9, 1996 T .. II , ~.--.. COUNCIL MEETING MINUTES December 9, 1996 TAPE READING The Councilor's expressed their individual viewpoints on this issue and the majority felt that it would be unfair to give one business owner some relief on the monthly utility bill whereas all other businesses would be paying the established rates. They also stated that there is a total estimated cost to build and operate a new wastewater plant and dollars not paid by one or more businesses place an additional financial burden on other residential, commercial, and/or industrial users who, under the established formula, are paying what is being considered as their fair share. Public Works Director Tiwari stated that the rates that were established by the Wastewater Advisory Committee were based on the flow and pollutant average for loading. In regards to recirculation and/or reclamation, business owners need to look at alternative methods in which this process can be accomplished for the purpose of lowering the monthly bill. He reiterated the need to deal fairly with all business owners on this issue. Councilor Jennings stated that rates are starting to increase in a number of local communities based on the need to improve existing treatment facilities to meet unfunded federal mandates. In his opinion, the Council has no choice on this issue citing the many hours of work done by the Committee to develop a rate structure that is fair to all residents and business owners. Mr. Neilton stated that he cannot do recycle the water in the self-service area. He had been in contact with a potential buyer of this car wash, however, he was unsuccessful in selling this business since the water/sewer rates were so high. He also stated that he is unable to compete with non-profit groups who take a lot of self-service business away from him and he feels that this is an unfair situation. Unless the Council gives him some relief from these high bills, he will have to close this business. In regards to the non-profit groups, it was noted that the businesses which allow this type of activity at their location are the ones paying the cost for water and sewer charges incurred by the non-profit group. Councilor Pugh suggested that Mr. Neliton continue to discuss his situation with Director Tiwari. He stated that he is an advocate for free enterprise, however, the City does have a treatment plant that will need to be paid for by users of the system. 1138 TABLED BUSINESS: COUNCIL BILL 1758 - ORDINANCE IMPOSING AN ADDITIONAL MOTOR VEHICLE FUEL TAX ON MOTOR VEHICLE FUEL DEALERS FOR PURPOSES OF PAVEMENT PRESERVATION. This item was not removed from the table. Councilor Jennings reminded the public that advance notice will be given to the dealers before it is removed from the table. Brief discussion was held to remove this issue from the table only for the purpose of modifying the election date from May 1997 to November 1997. It was the consensus of the Council not to take any action at this time and make a change to the election date when it is brought back before them at a later date. Page 4 - Council Meeting Minutes, December 9, 1996 - - ~~'"'--r--"'"-. COUNCIL MEETING MINUTES December 9, 1996 TAPE READING 1224 COUNCIL BILL 1766 - ORDINANCE AMENDING ORDINANCE 2113 (HUMAN RIGHTS COMMISSION ORDINANCE) BY EXTENDING THE EXPIRATION DATE TO DECEMBER 31. 1997. Council Bill 1766 was introduced by Councilor Hagenauer. 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 1766 duly passed with the emergency clause. 1324 ENGINEERING REPORT - PARR ROAD IMPROVEMENT. The proposed improvement involves (1) widening of Parr Road (west property line of the Woodburn Middle/Elementary school site to Settlemier Ave) to a 39 foot improved surface with installation of storm sewers, sidewalks on both sides of the street, and a bike path on the south side of the street; (2) improvement of both intersections of Front Street and Settlemier Ave. with Parr Road; and (3) widening of the Settlemier intersection with the inclusion of turn lanes and the widening and realignment of Front Street. The report provided several improvement options along with estimated costs to the Local Improvement District, City and the State STP Fund Exchange program. JENNINGS/FIGLEy..... approve the Parr Road engineering report submitted by staff. The motion passed unanimously. 1350 BID AWARD - PARKS LONG TERM COMPREHENSIVE PLAN CONSULTANT. Bids were received from the following consultants: The ORB Organization, $25,252.00; Randy Saunders/Wm Ries and Associates, $39,130.00; and Don Ganer and Assoc. with David Reed & Assoc., $23,500.00. Following an interview of each firm by staff and Park Board representatives, it has been recommended that Don Ganer & Assoc. with David Reed & Assoc. be awarded the contract. Councilor Jennings questioned the wide differential in bid proposals. Director Holly stated that all firms were provided with the same Request for Proposal document and it is unknown as to why there is about a $16,000 difference in bids. JENNINGS/FIGLEy.... award the bid to Don Ganer & Assoc. with David Reed & Assoc. in the amount of $23,500.00. The motion passed unanimously. 1420 NO PARKING RESTRICTIONS ON PATRICK WAY. Staff recommended that No Parking restrictions be placed on Patrick Way which would eliminate the large trucks from parking on the street thereby allowing sufficient roadway for regular truck traffic to utilize this street safely. JENNINGS/FIGLEy.... approve the No Parking restriction on Patrick Way. The motion passed unanimously. 1430 NO PARKING REOUEST ON HAWLEY STREET NEAR WILSON STREET. Residents in the area have requested that a No Parking restriction be placed along Hawley Street near Wilson Street since vehicles have been parked on Hawley Street and Page 5 - Council Meeting Minutes, December 9, 1996 f" ...... - . -..,...~.__._.._"......,....._.~... COUNCIL MEETING MINUTES December 9, 1996 TAPE READING partially blocking a roadway that serves 4 residential lots. Staff recommends that the Council approve the request since it will ensure access to the lots for not only the residents but emergency vehicles. JENNINGS/PUGH... request to impose No Parking restrictions on Hawley Street near the Wilson Street intersection be approved. The motion passed unanimously. 1442 STORM WATER INFORMATION AND POLICIES. Public Works Director Tiwari stated that detention ponds have been in place within the City for over the last 20 years. The staff had been using the ODOT method to determine the size of a detention pond needed to temporarily hold excess water without flooding the surrounding area, however, a new computer program (known as the King County method) is now available which staff is recommending that the Council adopt. JENNINGS/HAGENAUER.... City's storm water detention policies along with safety requirements as modified be approved. The motion passed unanimously. 1631 CLAIMS FOR THE MONTH OF NOVEMBER 1996. Councilor Hagenauer questioned voucher checks issued to MPH and Baker & Baker Towing. Staff informed the Council that the check to MPH was for a police radar unit and the checks to Baker & Baker are for towed vehicles. A voucher check issued to Taylor's Honda was also questioned and staff stated that the Street Department had purchased a portable generator from Taylor's Honda. SIFUENTZ/PUGH.... approve claims #34502 - 34843 issued during the month of November 1996. The motion passed unanimously. 1711 STAFF REPORTS. (A) Certified Election Results -- The tally of votes certified by the County Elections Division is as follows: Votes Write-Ins Undervotes Overvotes Mayor: Nancy A. Kirksey 3.622 215 1,140 2 Councilor - Ward I: Dick Pugh 971 27 605 0 Councilor - Ward II: Richard Jennings 362 11 187 0 Councilor - Ward VI: Elida Sifuentez 204 9 102 0 Measure 24-80 --- Advisory Ballot RE: Property Acquisition: Yes Votes 2,157 No Votes 2,440 Undervotes 381 Overvotes I Page 6 - Council Meeting Minutes, December 9, 1996 T ~ II I --_.~-~._-_._.. ....,...-.- COUNCIL MEETING MINUTES December 9, 1996 TAPE READING (B) Draft Resolution on Private Well Abandonment Program -- Public Works Manager Rohman solicited Council input on this draft resolution which will be submitted to the Council for consideration in January. Director Tiwari stated that the Open House held last week included a display defining different stratas and it was easy to see how pollution moves to different wells. In summary, the City needs to be aggressive to protect our drinking water and the draft resolution is only one step in the overall program. 1848 (C) Access Management Plan -- A public hearing will be held on this proposed ordinance which is one of a series of ordinances that need to be implemented in order to fulfill the goals and objectives of the City's Transportation Plan. (D) Community Center Heating System Failure -- A new furnace was installed since the existing one was too old and could not be repaired. The capital outlay budget was over spent by $2,600 but savings in other areas of the Park Fund should be sufficient to cover the expenditure without requesting Council action. (E) Settlemier A ve/Parr Road Intersection Utilization of State STP Funds -- Public Works Manager Rohman stated that staff will be requesting the State to change a prior designation of Surface Transportation Project (STP) Funds from the Cleveland Street widening project to the Settlemier Ave.lParr Road intersection improvement. Once approved by the State, the staff will submit an amendment to the Council for approval. 1946 ADMINISTRATOR'S REPORT. Administrator Childs wished the Mayor, Council, and the public a safe and happy holiday season. 1977 MAYOR AND COUNCIL REPORTS. The Mayor and Councilors extended their wishes to the public for a happy holiday season. Councilor Sifuentez commented briefly on the Water Open House stating that the function was well attended and she was impressed with the displays and information presented. She suggested that this topic be a televised on "Let's Communicate" within the near future. Councilor Chadwick stated that she had attended an excellent Habitat for Humanity program. Our local community has been able to help 8 to 10 low-income families in constructing new homes which they are purchasing through this organization at an affordable price. Councilor Pugh thanked the Public Works staff for their work in coming up with a solution to the water back-up problem in the West Woodburn area caused by excessive rainfall. Page 7 - Council Meeting Minutes, December 9, 1996 T' .. ~ ,. ...... "II I -...,..-- COUNCIL MEETING MINUTES December 9, 1996 TAPE READING Councilor Jennings stated that the residents in the Park A venue/Park Circle area are appreciative of the parking restrictions which were recently enacted by the Council and he extended their thanks for responding to the needs of that neighborhood. Mayor Kirksey reminded the public that peddlers do need a license to solicit door-to- door in our residential neighborhoods. She encouraged the public to call the Police Department to report individuals who do not have the required license. In regards to the State Highway Department Maintenance shop, she stated that she had received a telephone call from a businessman whose shop is within viewing distance of the facility informing her that several truck loads of hazardous materials were taken into the shop. She stated that the Building Department had specifically told the ODOT representative who obtained their remodeling permit that they were not to store hazardous materials at that location and they were informed of the rules of being within a residential area. She requested that staff check out this situation as soon as possible. 2244 EXECUTIVE SESSION. JENNINGS/PUGH.... adjourn to executive session to (I) conduct deliberations with persons designated by the governing body to negotiate real property transactions under the authority of ORS 192.660(1)(e), and (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). The motion passed unanimously. The meeting adjourned to executive session at 8: 12 p.m. and reconvened at 8:42 p.m.. Mayor Kirksey stated that no action would be taken by the Council as a result of items discussed in executive session. 2275 ADJOURNMENT. JENNINGS/FIGLEy.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:44 p.m.. APPROVED ~~9Y~7 NANCY A. SEY, MA1R ATTEST (V(~~ Mary Te ant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, December 9, 1996 1" ~ 11 I '--r---""