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Minutes - 11/25/1996 COUNCIL MEETING MINUTES November 25, 1996 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 25, 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 Sifuentez Present Present Present Present Present Present (7:04 pm) 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, City Recorder Tennant 0019 MINUTES. JENNINGS/FIGLEy.... approve the Council minutes of November 12, 1996; and accept the Planning Commission minutes of October 24, 1996 and the Human Rights Commission minutes of November 13, 1996. The motion passed unanimously. 0030 APPOINTMENTS. Mayor Kirksey appointed the following individuals to serve on the RSVP Advisory Board: Marijo Poujade, Ann Naffziger, Esther Eldridge, Richard Weaver, and Shirley Hackett. Mayor Kirksey stated that these individuals would serve on the Board in unexpired positions and the normal appointment dates occur in March of each year. JENNINGS/FIGLEy.... appointments be approved. The motion passed unanimously. 0056 ANNOUNCEMENTS. (A) Office closures during the holidays are as follows: City Hall: November 28 and 29, 1996 - Thanksgiving Holiday Library : November 28 and 29, 1996 - Thanksgiving Holiday November 27, 1996 - close at 6:00 p.m.. The Woodburn Aquatic Center will be closed December 2, 1996 through December 13, 1996 for annual maintenance. Page 1 - Council Meeting Minutes, November 25, 1996 T-" --'. "~'~'_."'~--'-' ,-,",--, .__..,"._-...,-----_._---~.,~~-_.~ .. . COUNCIL MEETING MINUTES November 25, 1996 TAPE READING (B) An Open House will be held on to solicit input from the public on the Water Master Plan on Thursday, December 5, 1996, City Hall, from 4:00 pm to 8:00 pm. (C) A joint Council/School Board workshop will be held on December 10, 1996, 7:00 p.m., City Hall Council Chambers, to hear an informational presentation from the archaeologists. (D) A Council workshop will also be held on December 16, 1996, 7:00 p.m., City Hall Council Chambers, to begin preliminary discussions on the impacts of Ballot Measure No. 47. QQ21 CHAMBER OF COMMERCE REPORT. Randy Saunders, representing the Chamber Board, stated that the Chamber and Kiwanis are co-sponsoring the Holiday Lighting Contest and he encouraged the local residents to participate in this contest. On December 18th, the Chamber Forum will be held at the Settlemier House where tours will be given of this historic house. Mayor Kirksey also encouraged the public to attend the Tree Lighting at Settlemier House on Saturday, December 7th, 6:30 pm, followed by the Tree Lighting at the Community Center. 0138 Marc Nelson, 990 Cupids Knoll Rd, Monmouth, requested an opportunity to speak: on the Gas Tax proposal. Mayor Kirksey stated that she would be allowing public comment under Item 9(A). Ql62 Ken Pahlke, Woodburn Downtown Association Manager, stated that the 3-Valleys Project is considering various projects to help support. One of the projects proposed by the WDA and being considered for partial funding is a mini-plaza in the downtown area at the intersection of Hayes and First Street. A drawing of the mini-plaza was shown to the Council and, if this project does move forward, the WDA hopes to begin work on Phase I in the very near future. Phase II of this project would be a part of the overall Downtown Plan. 0225 TABLED BUSINESS - COUNCIL BILL 1758: ORDINANCE IMPOSING AN ADDITIONAL MOTOR VEHICLE FUEL TAX. JENNINGS/FIGLEY... Council Bill 1758 be removed from the table. The motion passed unanimously. Mayor Kirksey stated that, as a result of comments made by the Councilors at the last meeting, she had requested staff to prepare another version of the Council Bill that would refer this issue to the voters at the May 20, 1997 election. Councilor Pugh suggested that the Council wait until they know what the impacts of Ballot Measure 47 are before any action is taken. Page 2 - Council Meeting Minutes, November 25, 1996 T .....- . I COUNCIL MEETING MINUTES November 25, 1996 TAPE READING Councilor Figley expressed her opinion that something needs to be done about the streets and this dedicated tax will provide funds to make necessary improvements in the years to come. She spoke in favor of taking this issue to the voters for their approval. Councilor Jennings stated that he was not adverse to Councilor Pugh's suggestion to not take any action at this time. Councilor Pugh suggested that the Council bring this issue back for consideration once the City has a better understanding of what are the impacts of Ballot Measure 47 to the City's financial situation and he would like to see what the legislature is going to this term. Councilor Hagenauer agreed that it may be better to wait but he also felt that the proposed ordinance should be submitted to the voters. Councilor Sifuentez suggested that the ordinance go before the voters. Councilor Chadwick felt that the Council should wait before any action is taken and ultimately, a vote should be taken on this issue. Mayor Kirksey reminded the Council that the ordinance would become null and void if the legislature takes action to impose a state-wide gas tax that would provide the City with a funding level equivalent to what would be generated with a 2C gas tax. Additionally, this bill would refer the proposed tax to the voters at the May 20th election date if the legislature does not take action on the state-wide gas tax during the first part of the legislative session. 0500 Marc Nelson, 990 Cupids Knoll Rd., Monmouth, stated that he owns a gasoline business in town and that he strongly feels that the issue should be referred to the voters. In his opinion, the method in which the Council attempted to get this bill passed was the wrong way to start since it has drawn a lot of opposition. Additionally, the local dealers now have the support of the major gasoline dealers and other large organizations to oppose this tax and they have a lot of financial backing to defeat this tax at the polls. He suggested that Woodburn submit a bond measure to the voters which would generate $3.9 million and, in his calculation, payback over a 10 year period would be approximately $.62 per $1,000 assessed value. He suggested that a Committee be formed to look at various funding alternatives that would generate necessary dollars to make the street improvements rather than imposing the motor vehicle fuel tax. If such a Committee was formed, he offered to serve on this Committee. He also expressed his opinion that the local property owners should pay for the improvements rather than the motorists who are only driving through town toward another destination. If a bond measure was submitted to the voters, he stated that he would be willing to talk to other local gasoline dealers to provide financial assistance in preparing and distributing literature on the passage of a bond. 0845 Ron Halter, 16700 Arney Rd., spoke on behalf of the local gasoline dealers and he reiterated their willingness to be a part of a committee to work cooperatively with the City in arriving at a solution that will work for the City and for the local dealers. If the Page 3 - Council Meeting Minutes, November 25, 1996 T ..,....-...' II I -'-' COUNCIL MEETING MINUTES November 25, 1996 TAPE READING issue goes to a vote of the people, the dealers along with other supporting organizations will fight to defeat this issue even though they would prefer not having to take this type of action. He also expressed his opinion that individuals who do not drive should still contribute to the street improvement costs since it not only benefits their property but they have friends and family members who use the street when they visit and they rely on local businesses to provide them a service at their home. 0944 Mark Crow, 1560 Newberg Highway, reiterated his opinion that private businesses should not have this burden placed upon them. He again questioned the City's past practice as it relates to the cost of improvements, implementing a bid process, and using firm figures rather than estimates on future projects. He also expressed his opposition to a state-wide gas tax and it was his understanding that the dealer's association was also opposed to a state-wide tax. Administrator Childs informed Mr. Crow that the City's financial records are audited annually by an independent auditor. Mayor Kirksey stated that the City follows a formalized bidding process on all projects. Councilor Jennings reiterated that the City publicizes in the Daily Journal of Commerce and other local papers and the City conforms to all bidding regulations. 1079 Mike Sherlock, Executive Director of Oregon Gasoline Dealers Association, stated that they are record in support of a state-wide 5c gas tax which would go to cities and counties. It is their hope that the Council will drop this gas tax issue at this time and let the legislature review a state-wide tax proposal. In his opinion, it will be late in the legislative session before any decision is made on a state-wide gas tax. 1190 Councilor Pugh stated that he had heard two objective opinions at this meeting and feels that this bill should be dropped until after the legislative session. Additionally, he informed the public that the Councilors receive $25 per month. Councilor Figley stated that she would prefer to wait until the Governor's Task Force has released their report and then review the report to determine if we should pursue the issue in later December or January. Councilor Jennings stated that road repair costs continue to escalate and for every dollar not spent now will cost 4 times that much next year. However, he was encouraged by the willingness of the local dealers to work with the City in coming up with an alternative to the gas tax. If no suitable alternative is arrived at, then the gas tax should be pursued. Councilor Pugh stated that the voters want to know what will the tax money go for whereas now it is a very emotional issue generating a lot of opposition. 1414 Administrator Childs reminded the Councilors that a potential bond issue was discussed at the prior workshop on this subject. With the recent passage of Ballot Measure 47, it may be more difficult to pass a revenue measure. Page 4 - Council Meeting Minutes, November 25, 1996 T ",,"-- . I -...,...-.--' COUNCIL MEETING MINUTES November 25, 1996 TAPE READING Councilors Hagenauer, Sifuentez. and Chadwick reiterated their desire to impose a user tax rather than proposing a bond issue. Additionally, they supported the referral of the gas tax to the voters. Discussion was held on tabling the issue at this time and notice be given to the public and gasoline dealers at least 30 days before it is brought back before the Council for consideration. This will also give the Council time to educate the public on the need for additional revenue to fund street improvements and to work cooperatively with the gasoline dealers. Administrator Childs requested that the Council determine which version of the bill they want to have as part of the ordinance (version 1 does not refer it to the voters whereas version 2 refers it to the voters on May 20, 1997). FIGLEY/PUGH... Council Bill 1758 be amended to read in entirety the draft known as Version 2. Following a brief discussion, the motion passed unanimously. JENNINGS/PUGH.... Council Bill 1758 be tabled indefinitely. The motion passed unanimously. Mayor Kirksey told the public that this bill was brought up for consideration at the direction of the Council following a workshop they had previously on the issue of street repairs. 1903 COUNCIL BILL 1764 - RESOLUTION AMENDING THE ICMA RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN AND TRUST FOR EMPWYEES. Council Bill 1764 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, the bill passed unanimously. Mayor Kirksey declared Council Bill 1764 duly passed. l2n COUNCIL BILL 1765 - RESOLUTION ENTERING INTO AN AGREEMENT WITII SOUTHERN PACIFIC TRANSPORTATION CO. FOR CONSTRUCTION. OPERATION. AND MAINTENANCE OF AN UNDERGROUND SEWER PIPELINE. Council Bill 1765 was introduced by Councilor Hagenauer. 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 the bill duly passed. 1973 CONTRACT AWARD - TRACTOR/MOWER FOR WASTEWATER DIVISION. Bids for a tractor with an attached flail mower were received from the following vendors: Ernst Hardware Co., $11,865.00; Lennon Implement Co., $13,250.00; Fisher Implement Co., $15,500.00; and Northwest Outdoor Equipment Inc, $15,185.00. Staff recommended the acceptance of the low bid from Ernst Hardware Co.. Page 5 - Council Meeting Minutes, November 25, 1996 T ~. ~"-""-' . .'. ..-.--.- _..,".._.".~--'"._--- '" I --.--.--- COUNCIL MEETING MINUTES November 25, 1996 TAPE READING JENNINGS/SIFUENTEZ.... award the bid to Ernst Hardware Co. in the amount of $11,865.00. The motion passed unanimously. 2Ql3. RESTRICTED PARKING PROPOSAL FOR PARK CIRCLE AND PARK A VENUE NORTH OF ALEXANDRA AVENUE. Staff recommended that No Parking be allowed from Mt. Hood Ave. to the north intersection of Park Circle and a 4 hour parking limitation be imposed from the north intersection of Park Circle to Alexandra Ave. and all along Park Circle. Discussion was held regarding the extension of the No Parking to the south end of Park Circle. JENNINGS/FIGLEy.... amend the staff recommendation to implement parking restrictions as follows: (1) No Parking from the south end of Park Circle north to the Mt. Hood Ave. intersection; and (2) 4 hour parking be imposed from Alexander Ave. to south Park Circle and in Park Circle. The motion passed unanimously. 2147 RESUMPTION OF A FULL-TIME CITY ATTORNEY POSITION. In reference to the Administrator's staff report on this matter, Councilor Jennings stated that he had spoken with the Mayor and Councilors over the last several months regarding the need to, once again, have a full-time City Attorney. Even with the recent passage of Ballot Measure 47, he feels strongly that more attorney hours are necessary since we continue to have large contracts that need to be reviewed, lawsuits being filed by developers, and general overall legal issues that require more attorney time than we currently have allotted. He suggested that a committee of Councilors and the Mayor negotiate a personal services contract with Attorney Shields for a full-time attorney position. JENNINGS/SIFUENTEZ. ... Councilors Pugh, Figley, and Jennings be appointed by the Mayor to serve on the committee to negotiate a personal services contract with our attorney. The motion passed unanimously. 2276 SITE PLAN REVIEW #96-16 -- UNIVERSAL FOREST PRODUCTS. The Council took no action on the Planning Commission's approval, with conditions, of an expansion project submitted by Universal Forest Products which in located in the Industrial Park. 222Q STAFF REPORTS. (A) Board/Committee Positions -- Mayor Kirksey stated that she would be contacting each Councilor by the middle of the week to solicit names for appointments. (B) Establishment of City Well Field -- Public Works Manager Rohman stated that the City has requested the State Water Resources Department to create a well field that allows water flow volume permitted under all city water rights to be pumped from any of the Ci ty' s pumps. Page 6 - Council Meeting Minutes, November 25, 1996 COUNCIL MEETING MINUTES November 25, 1996 TAPE READING Public Works Director Tiwari stated that the City has been abandoning wells and transferring water rights. By creating the well field, all capacities will stay within the City and Urban Growth Boundary. The City has a good chance of this request being approved and staff will continue to work towards the protection of the City's water from contamination. (C) Appointment to Government Law Section Executive Committee -- Attorney Shields has been selected by his peers to serve on this Committee of the Oregon State Bar. This Committee consists of 12 individuals who represent over 300 member attorneys statewide representing various governmental agencies. 2605 ADMINISTRATOR'S REPORT. Administrator Childs distributed copies of the new City brochure to the Council. He credited the work to former student intern Scott Spence. 2653 MAYOR AND COUNCIL REPORTS. ~ Councilor Jennings expressed his opinion that the Councilors should be allowed to interject humor during the meetings. Mayor Kirksey stated that she had received comments from the public as to why the meetings do not portray a more professional attitude. Councilor Hagenauer questioned if staff had been contacted by concerned individuals regarding the pay telephone at the intersection of Hayes and Front Street. Administrator Childs suggested that the individuals write a letter to the City outlining their concerns. Councilor Chadwick stated that she had attended her first LOC conference and she felt it was very informative and hopes to attend future conferences. Mayor Kirksey also felt that the sessions were very informative at the conference. In regards to the Eagle Scout project at Library Park, the circle of stone has been completed and it will contain a small garden. Underground sprinklers have been installed by the Park staff and a work crew from MacLaren School. A plaque is being made to dedicate the work done by the volunteers. 2824 EXECUTIVE SESSION. JENNINGS/FIGLEy.... adjourn to executive session to (1) conduct deliberations with persons designated by the governing body to negotiate real property transactions (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 (ORS 192. 660( l)(h)). The motion passed unanimously. Page 7 - Council Meeting Minutes, November 25, 1996 r' 'm ~_.....__......._~..,_"--.__"._ ,_, II I COUNCIL MEETING MINUTES November 25, 1996 TAPE READING The meeting adjourned to executive session at 8:23 p.m. and reconvened at 9:25 p.m.. 2863 Following the executive session, JENNINGS/PUGH.... Attorney be requested to inform Salud Medical Center that if they cannot show some positive action within the next 30 days we will reactivate the lawsuit. The motion passed unanimously. 2990 ADJOURNMENT. JENNINGS/PUGH.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:26 p.m.. APPROVE~fltt'/.A'.Il ~7 NANCY A. KIiKSEY, MAYOl)i ---E] ----- d ATTEST ~ I }--~ Mary T ant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, November 25, 1996 T ........-..., "_'_". __. .___.M..... _.~._____~. II I ~"