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Minutes - 11/12/1996 COUNCIL MEETING MINUTES November 12, 1996 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 12,1996. 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 Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park & Recreation Director Holly, Police Lt. Null, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant 0020 MINUTES. JENNINGS/PUGH.... approve the Council minutes of October 28, 1996, the special meeting minutes of October 29, 1996, and the workshop minutes of October 21 and November 4, 1996; and accept the Library Board minutes of October 23, 1996. The motion passed unanimously. 0033 ANNOUNCEMENTS. A) The public is invited to an Open House regarding the Water Master Plan scheduled for December 5, 1996 at City Hall between the hours of 4:00 pm and 8:00 pm. B) Mayor Kirksey invited the public to attend the plaque dedication at the Aquatic Center on Monday, November 25, 1996, at 6:00 p.m.. C) A public hearing on the siting of a new state prison will be held in Salem at the State Fairgrounds on Monday, November 18th. D) A joint meeting with the School Board has been scheduled for Tuesday, December 10th, 7:00 p.m., City Hall, at which time the Council and Board will receive a report on the geological findings by the archaeologists. Page 1 - Council Meeting Minutes, November 12, 1996 T - . , COUNCIL MEETING MINUTES November 12, 1996 TAPE READING 0070 PROCLAMATION - NATIONAL BffiLE WEEK. Mayor Kirksey proclaimed the week of November 24 - December 1, 1996 as National Bible Week in the City. 0120 CHAMBER REPORT. Randy Saunders, representing the Chamber, reminded the Council of the upcoming annual Chamber auction which will be held at the Woodburn Fire Station on Friday, November 15th. He also stated that the monthly Chamber Forum will be held on November 20th, 12:00 noon, Yun Wah's Restuarant, with the guest speaker being local businessman Dan Bah on the topic of "How to get the most from the Internet". 0140 WOODBURN COMMUNITY CENTER ADVISORY COMMITTEE. Included in the agenda packet were the minutes of the October 9th meeting. 0158 LETTER FROM STATE HISTORIC PRESERVATION OFFICE. The Council was notified of the recent designation of property to the National Register of Historic Places. The property is listed in the register as Bank of Woodburn (1890) and is located at 199 N. Front Street. 0205 Preston Tack, 2197 Camellia Way, submitted a letter for the record urging the Council thoroughly review the City of Lake Oswego's legislative proposals #3 (repeal or modify the expedited land division process) and #4 (modify the "120 Day Rule). Councilors Pugh and Jennings requested that staff provide the Council with copies of these legislative proposals. 0344 David Feeland, representing Oregon Dept. of Transportation (ODOT) employees assigned to the striping and painting road crew in the Salem area, brought to the City's attention ODOT's recent decision to store paint and other dangerous flammable solvents inside the ODOT maintenance building located adjacent to Highway 99E between McKinley St. and Blaine St.. He also stated that ODOT plans on storing two of the paint trucks inside the building with paint in each truck, which is, according to OSHA, is a safety violation. He reiterated that this was being brought forth by the employees since they feel that these paints and solvents should be stored within the City. Mayor Kirksey thanked the ODOT employees for caring about the residents who live in close proximity to the maintenance building. She stated that she lives across the street from the maintenance building and will be looking into this situation immediately. Page 2 - Council Meeting Minutes, November 12, 1996 ,..-" -.. ,'..~-_. .--...." ~""'--'--"-~'--'-~~"'-~"--'-"-"."""-~--~"'"....-.-.... ."-,~..,"-- COUNCIL MEETING MINUTES November 12, 1996 TAPE READING 0458 COUNCIL BILL 1758 - ORDINANCE IMPOSING AN ADDITIONAL MOTOR VEHICLE FUEL TAX ON MOTOR VEHICLE FUEL DEALERS FOR PURPOSES OF PAVEMENT PRESERVATION (tabled from October 28.1996). JENNINGS/FIGLEY... remove Council Bill 1758 from the table. The motion passed unanimously. Councilor Jennings expressed his apology to the public for not getting sufficient information out to the public on this subject before it was placed on the agenda as a Council Bill. He briefly explained that the Council had elected not to hold a formal public hearing so that the Councilors could discuss this issue with their constituents. He also read a letter from Governor Kitzhaber's office requesting the City to delay consideration of this bill until after the Governor studies the State Advisory Committee's recommendation for a state-wide gas tax increase. He stated that he had discussed this issue with a number of local citizens and with Mike Sherlock who represents the Oregon Gasoline Dealers Association. Of the 19 calls he received, 7 were in favor of the tax, 12 against the tax, and of the 19, 7 wanted the opportunity to vote on the issue. He also stated that he still does not fully understand the rack price concept since gasoline prices varying so much from station to station and town to town. He reminded the public that the funds derived from this tax would only be used to keep up with the City's resurfacing and reconstruction program. He suggested that the public come forth with other ideas on how money can be generated to fund street improvements. Mayor Kirksey read her memo to the Council which recommends that an amendment be made to the bill which would delay the tax collection until July 1, 1997, eliminate the emergency clause, and add two Whereas clauses that (1) address the Oregon Gasoline Dealers Association support of a state-wide tax increase and (2) express Council support of a state-wide gasoline tax increase in-lieu-of the City gasoline tax provided that the City receives gas tax funds in an amount not less than the anticipated $200,000 per year that would be generated by a 2 cent gasoline tax. She stated that she had received over 20 telephone calls on this subject with the tally being about 50 % on each side and those that called today were receptive to the above amendment. In her opinion, this gives the Governor and State Legislature 7 months to come up with a state-wide plan that will benefit all jurisdictions. 0782 Councilor Pugh stated that he had received 24 telephone calls of which 80% were against the proposed tax increase. In his opinion, he feels that the work being prepared at the Governor's office should be seriously considered and he supports the concepts outlined by the Mayor. He stated that the City needs money to maintain its streets, however, he felt that the any action should be deferred until the Governor's plan is presented to the legislature. Councilor Figley stated that she had received 14 calls of which 4 were in favor, 2 offered no opinions, and 8 were against the tax increase. She outlined the following Page 3 - Council Meeting Minutes, November 12, 1996 T .. -- '."-_.. ..--.-.......-,.-- I I COUNCIL MEETING MINUTES November 12, 1996 TAPE READING options that she sees at this time: 1) continue the current practice, 2) enact the increase and utilize the funds for necessary street improvements, or 3) refer a bond issue to the voters. She is willing to support a gas tax but she is not willing to vote on immediate enactment until the Governor's Task Force comes out with a recommendation. She also supports the referral of this issue to the voters. Councilor Hagenauer stated that he had received approximately 30 calls of which 10 were in favor, 15 against, and the balance were neither for or against the proposed tax. He agreed with the Mayor's recommendation to defer collection until July and eliminate the tax if the City receives the amount of estimated funds that would have been collected if the 2 cent tax was imposed under the ordinance. Councilor Sifuentez stated that she had received 28 telephone calls of which 16 were in favor, 10 against, and 2 calls requesting information only. She expressed her support for the Mayor's recommended amendments to the proposed ordinance. She also stated that the proposed tax is a user tax that is paid by all motorists, therefore, the full cost of improvements are not borne by the property taxpayers of the City. Additionally, she has not understood why Woodburn has paid high gas prices over the last five years when compared to same stations in Canby and Salem. Councilor Chadwick stated that she had received approximately 70 telephone calls of which all but 2 calls were against the proposed tax. She also expressed her confusion as to why local gas prices are at least 11 cents higher than the price of gas in Canby. In her opinion, the objections were from senior citizens many of which are on fixed income. She expressed her support of the Mayor's recommendation. 1024 Administrator Childs stated that he had contacted the City's Bond Counsel, Richard Roberts, to review the proposed ordinance and, in his opinion, it does comply with the new restrictions imposed by Ballot Measure 47. He also stated that staff is also recommending two technical changes to the bill suggested by Attorney Roberts. 1150 Frank Calderone, 2085 Salal Road. spoke in opposition to the proposed tax and questioned the need for Woodburn to be one of only 3 cities to even have a gas tax in place. Majorie DeBoie, 1850 Sallal, opposed the tax and expressed concern not only for the loss of business the station owners will incur but all other businesses in the interchange area since many motorists stop to buy gas and eat before continuing on their travel down the freeway. Fabian Bell expressed his opinion that taxation is getting out of control. If the action is taken state-wide, then all motorists would pay a tax rather than placing the burden on our station owners to increase their prices even more and ultimately lose their business. Page 4 - Council Meeting Minutes, November 12, 1996 T- .^r_."_.._._ ._~.__"'.'___".._~ . ~__..^'." - . COUNCIL MEETING MINUTES November 12, 1996 TAPE READING Ken Alexander, 575 Woodland, stated that residents are already taxed too much for the services that are being provided and he is opposed to the proposed gas tax increase. 1330 Gary LaPoint, 10618 Crosby Rd. NE, stated that he has been looking into putting a new station in town near the freeway, however, the proposed tax reminds him of a personal experience in losing a gas station business he had for 10 years near the Multnomah/Washington County border. Multnomah County has a 3 cent tax and Washington County had their tax repealed by the voters. With his close proximity to Washington County, motorists started bypassing his station to buy gas at stations in Washington County to avoid the tax. He suggested that the Council also lobby the League of Oregon Cities to support a state-wide gas tax. Additionally, he felt that the City should get the full 5 cent tax that is collected by the state for gas sold at Woodburn stations rather than settling for the approximate $200,000 which is generated by a 2 cent tax. 1700 State Representative Patti Milne, 2330 Miller Farm Rd., appreciated the fact that the Council would like the legislature to look at a plan for a state-wide increase, however, she also suggested that a Task Force be formed consisting of Councilors, City staff, and station owners to look at available options before a gas tax is implemented. Bob Barman, 2990 Newberg Hwy., stated that he is the owner of the Woodburn Chevron station located near 1-5. He is also a Uni-Cal dealer in Canby selling gas at $1.189 per gallon versus $1.339 per gallon in Woodburn. The margin that each station makes is within 1 cent. The Woodburn station has to purchase the gas directly from the oil company while the Canby station purchases from an independent dealer at a lesser cost. He strongly opposed the tax which, in his opinion, would greatly impact his business and he feels it is very unfair of the Council to place such a burden on the station owners. Over the last few days, he obtained signatures from approximately 2,500 customers who had come to his station objecting to the proposed tax. The petitions were submitted into the record. Marc Nelson, 990 Cupids Knoll Rd, Monmouth, stated that he owned the Commercial Fueling station at the Highway 99E/Y oung Street intersection. In his opinion, adding the 2 cent tax will impact his business since there are other commercial fueling stations located within close proximity of Woodburn which do not incur the tax. Within the last 5 years, no city or county has passed a gas tax. He cited an alternative method used by the City of Monmouth which was to pass a city-wide bond measure. He also suggested that a Committee be appointed to look at alternative funding method. In his opinion, the Council would be doing a disservice to the citizens if they passed an ordinance without going to a vote of the people. 2336 Mike Sherlock, Eugene, Executive Director of the Oregon Gasoline Dealers Association, spoke in opposition to the 2 cent gas tax. He suggested that the Council thoroughly review how this tax would impact not only the station owners but the other businesses in the area. He suggested that the Council give the Governor an opportunity to develop a state-wide plan rather than working independently to impose a tax. If the Council decides to proceed with the tax, he urged them to refer the ordinance to the voters. In Page 5 - Council Meeting Minutes, November 12, 1996 ~ .""___h,,___.o._ COUNCIL MEETING MINUTES November 12, 1996 TAPE READING regards to the effective date, he suggested that the date be later than July 1997 since the legislature may not come to an agreement until the latter part of the session. He reiterated that cities need to take an active part to get a state-wide package adopted and the Gasoline Dealers Association is in support of a state-wide gas tax that is fair to all jurisdictions. 2647 Barbara Lucas, 214 E. Clackamas CI, read a letter in support of the proposed gas tax. It is unknown as to what the City would receive from any state-wide gas tax whereas the 2 cent gas tax would generate approximately $200,000 annually for street improvements. Imposing the gas tax would not place the entire burden for street improvements on the City property taxpayers. Barbara Rozcko, 339 N Fifth St., expressed her frustration with all of the privilege taxes on utility bills and increased sewer bills that have been imposed on city residents over the last few years. She strongly opposed the proposed 2 cent gas tax. 2971 Dan McConnell, 692 Hwy 99E, stated that he owns Woodburn Taxi Service which operates within a 100 mile radius of Woodburn. He continues to purchase his fuel in Woodburn, however, he does feel that the residents are taxed too much. He was not in total opposition to the tax provided that priorities are followed and he named numerous streets that needed improvements along with some gravel and/or dirt roads that need to be paved. Tape 2 Bill DePizza, 474 McLaughlin, commended those who have already spoke on this issue. In his opinion, local residents are already taxed too much and the City should wait until the Governor makes up his mind about a state-wide tax. He also feels that the people should have an opportunity to vote on this issue. Gary Hammack, 695 N Settlemier, expressed his opinion that no more taxes should be imposed by the Council. Mark Crow, 1516 Newberg Highway, spoke in opposition to the tax and questioned how gas tax revenues received by the City are currently spent. He expressed concern regarding language placed in the ordinance that would defer the implementation since it would still put a tax in place if certain conditions are not met by a state-wide tax increase. If the City would meet with the station owners, a tax would probably still go into effect at some point in time. 0269 Mayor Kirksey expressed her appreciation to the audience for their comments and she suggested that the implementation date be delayed to September 1, 1997. She reiterated her support for a state-wide gas tax and her intent to actively work at the state and local levels to put pressure on the legislature to take some action to solve this state-wide problem. A lengthy discussion was held by the Council on the merits of referring the issue to the voters as part of the ordinance or to pass the proposed ordinance, with amendments suggested by the Mayor and staff, and let the voters file a referendum petition to bring the issue to a vote. Page 6 - Council Meeting Minutes, November 12, 1996 r _..,_ "H"" ,_...___.. ..._...._",___~__._......"._.__..__~___,.,~.~.___ !I I COUNCIL MEETING MINUTES November 12, 1996 TAPE READING 0672 PUGH/HAGENAUER.... Council Bill 1758 be imposed with the corrections on the memo from Mayor Kirksey dated November 12, 1996, which delays the tax implementation to September 1, 1997, eliminates the emergency clause, and adds the Whereas clauses so stated in the memo (see attached). Further discussion was held regarding the question of referring the issue to the voters. 0900 JENNINGS/FIGLEY... amend the proposed ordinance to include language that would refer the issue to the voters at the next available election date. On roll call vote, the vote was 3-3 with Councilors Pugh, Hagenauer, and Sifuentez voting nay. Mayor Kirksey voted nay to defeat the motion. On roll call vote for the original motion, the vote was 3-3 with Councilors Chadwick, Figley, and Jennings voting nay. Mayor Kirksey voted aye to pass the motion. Administrator Childs suggested that the Council Bill be brought back at the next regular meeting with the amendments. JENNINGS/FIGLEY....table until the next regular meeting. The motion passed unanimously. 1064 Mayor Kirksey called for a recess at 9:06 pm and the meeting reconvened at 9:20 pm. 1103 COUNCIL BILL 1760 - RESOLUTION ENTERING INTO AN AGREEMENT WITH MOSS ADAMS ADVISORY SERVICES FOR DATA PROCESSING STRATEGIC PLAN. Councilor Hagenauer introduced Council bill 1760. 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 1760 duly passed. 1142 COUNCIL BILL 1761- RESOLUTION ADOPTING A COMPETENCY/MERIT SALARY STRUCTURE FOR MANAGEMENT AND NON-UNION EMPLOYEES: AUTHORIZING PLACEMENT OF INDIVIDUAL EMPLOYEES ON THE SALARY STRUCTURE: ESTABLISHING RULES OF IMPLEMENTATION: AND REPEALING RESOLUTION NO. 1081. Council Bill 1761 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Pugh expressed concern regarding the adoption of this bill prior to knowing the full impact of Ballot Measure 47. Mayor Kirksey stated that this question had been brought up at the Council workshop on this issue and it was the consensus of those members present that implementation should not be delayed because of Ballot Measure 47 since this type of a study should have been done several years ago. Page 7 - Council Meeting Minutes, November 12, 1996 T .' ~ - COUNCIL MEETING MINUTES November 12, 1996 TAPE READING Councilor Figley spoke in favor of this bill which would compensate employees fairly for work being performed. The proposed competency/merit salary structure will pay those exceptional employees for their work at a higher level than those who only meeting the established standards. In regards to Ballot Measure 47, she stated that she has experienced working through layoff plans and those employees who continue to work for the City need to be fairly compensated for the extra work that will be expected from them. Councilor Sifuentez stated that she also has a problem with the passage of Ballot Measure 47 in that she would like to use all available funds to preserve jobs. Councilor Jennings encouraged the passage of the bill so that the Council does not send out a message to the employees that could initiate poor employee morale. On roll call vote for final passage, Council Bill 1761 passed unanimously. Mayor Kirksey declared the bill duly passed. 1510 COUNCIL BILL 1762 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH CHEMEKETA COMMUNITY COLLEGE FOR PARTICIPATION IN THE CHEMEKETA COOPERATIVE REGIONAL LmRARY SERVICE (CCRLS). Council Bill 1762 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 1762 duly passed. 1548 COUNCIL BILL 1763 - RESOLUTION OPPOSING THE SITING AND/OR CONSTRUCTION OF NEW STATE-RUN ADULT CORRECTIONAL FACILITIES IN MARION COUNTY. Councilor Hagenauer introduced Council Bill 1763. The bill was read by title only since there were no objections from the Council. Mayor Kirksey stated that she serves a Mayor's coalition which opposes the citing and/or construction of an adult correction facility in Marion County. She had requested this resolution which will be submitted as part of the public hearing process to be held in Salem on November 18th. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1763 duly passed. 1737 SPECIAL MEETING PROCEDURAL CHANGES. Mayor Kirksey read her memo recommending the inclusion of "Staff Reports" and "Mayor & Council Reports" as part of the agenda with a disclaimer that no formal action will be taken by the Council as a result of these items. Additionally, she recommended that the Council add "Public Input" to the special meeting agenda to give Page 8 - Council Meeting Minutes, November 12, 1996 r . -. -..."..-.. -_. q- _.....~,.... ., . .. I COUNCIL MEETING MINUTES November 12, 1996 TAPE READING the public an opportunity to bring up an issue of concern that may not be included as part of the agenda. PUGH/FIGLEy.... adopt the recommendations made by Mayor Kirksey. The motion passed unanimously. 1895 AMERICAN HEART ASSOCIATION - DOOR TO DOOR SOLICITATION.S The American Heart Association has requested permission to conduct door-to-door solicitation during their annual campaign between February and March 1997. Administrator Childs recommended that their request be granted and that the solicitation be confined to the hours between 8:00 am and 5:00 pm. JENNINGS/FIGLEy..... permit the American Heart Association to conduct a door-to- door and informational fund raising campaign between February I, 1997 and March 20, 1997 and the solicitation be restricted to the hours between 8:00 am and 5:00 pm. The motion passed unanimously. 1915 CLAIMS FOR THE MONTH OF OCTOBER 1996. SIFUENTEZ/PUGH.... approve voucher checks #34049 - #34501 issued during the month of October 1996. The motion passed unanimously. 1934 STAFF REPORTS. A) Preliminary Special Election Results -- As of November 12, 1996, the tally of votes was as follows: Measure 24-80 -- Advisory Ballot: I, 951 Yes Votes 2,229 No Votes Mayor Position Nancy Kirksey 3,302 Write-ins 200 Councilor Ward I Dick Pugh 876 Write-ins 26 Councilor Ward II Dick Jennings 357 Write-ins 11 Councilor Ward VI Elida Sifuentez 201 Write-ins 9 There are still ballots yet to be counted and a final certified tally of votes will be submitted at a later date. B) County Proposal for Traffic/Storm Water System Development Charges within the City's Urban Growth Boundary -- A tentative understanding has been reached between the County officials and City staff that would impose Traffic and Storm Water SDC charges on developments within the City's Urban Growth Boundary that is equal to the City's current charge plus 20 % . Funds collected will go towards joint projects in the area of transportation and storm water improvements. A public hearing will be held Page 9 - Council Meeting Minutes, November 12, 1996 r ,,"_,. .__._' ..... ....._.____..,,-..,.---~~.-"..'M.-..---_.~.__.... ....__.. '"'~_''''''' .,...__...._._._._.. 'I I COUNCIL MEETING MINUTES November 12, 1996 TAPE READING before the Board of Commissioners in December after which, if approved by the Commissioners, an agreement will be brought to the Council for approval. C) Status Report on Basement Remodeling Project -- Request for Proposals for architectural services has been distributed and the deadline for submitting proposals has been extended to mid-December, therefore, the project will not start until after July 1, 1997. With the recent passage of Ballot Measure 47, this project will be re-evaluated and a recommendation will be forwarded to the Council for their consideration. D) Hermanson Neighborhood Watch Group Concerns -- A copy of a letter sent by City Attorney Shields to the Department of Justice was included in the packet for the Council's information. E) Parr Road Preliminary Engineering Issues -- Public Works Director Tiwari gave a 15-minute presentation on issues surrounding the improvements to Parr Road which includes two separate projects: I) formation of a local improvement district from Settlemier Avenue west to Centennial Park, and 2) improvement of the current railroad crossing at Settlemier Ave/Front St/Boones Ferry Rd. intersection. He reviewed estimated costs for each project and provided a brief overview of funding alternatives which would involve the City, State, Railroad, and the Local Improvement District. 2743 CITY ADMINISTRATOR'S REPORT. At the November 4th workshop, some of the Councilors indicated that they had not received a copy of the Chamber's request to receive more funds from the hotel/motel tax money collected by the City. Extra copies of the letter were made available at the meeting. In regards to the upcoming League of Oregon Cities conference, a primary and secondary voting delegate needed to be selected prior to the conference. It was the consensus of the Council to have Mayor Kirksey serve as the primary voting delegate and Councilor Hagenauer serve as the secondary voting delegate. 2852 MAYOR AND COUNCIL REPORTS. Councilor Figley congratulated the owners of the Bank of Oregon building on their recent designation in the National Register of Historic Places. Councilor Jennings questioned if a workshop would soon be held on the effects of Ballot Measure 47. Mayor Kirksey stated that a workshop will be held on December 16th which will give the staff sufficient time to obtain the estimated financial loss imposed by the ballot measure. Discussion was held regarding the participation of the boards, commission, and committee members at this workshop. It was the consensus of the Council that this Page 10 - Council Meeting Minutes, November 12, 1996 r .,-....,. .. I COUNCIL MEETING MINUTES November 12, 1996 TAPE READING workshop would be for the Council and a subsequent workshop would be held with the boards, commission, and committee members. Councilor Figley requested that the Council be provided with some information on this issue prior to the workshop. 3358 ADJOURNMENT. JENNINGS/FIGLEy.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:16 p.m.. APPROVED. NANCY A. KI / ,~ ' , MAYOR ;, ----r- 7 ATTEST 17 ~ IY~-* Mary nnant, Recorder City of Woodburn, Oregon Page 11 - Council Meeting Minutes, November 12, 1996 T .~ ..-....-__.._,._...__._....'._.". .___._,.__,__~,___...._.,w,_.,._.___