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Minutes - 10/28/1996 COUNCIL MEETING MINUTES October 28, 1996 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 28,1996. 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, Finance Director Gillespie, Park & Recreation Director Holly, Police Lt. Eubank, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant 0021 MINUTES. JENNINGS/SIFUENTEZ.... approve the Council regular and executive session minutes of October 14, 1996 and the special meeting minutes of October 15, 1996; and accept the Planning Commission minutes of October 10, 1996. Councilor Pugh stated that he had submitted to Recorder Tennant a correction to the October 15, 1996 minutes which provides a transcription of his comments on Site Plan Review #95-26 (Esperanza Court) (see attached). The motion passed unanimously with the correction. 0041 ANNOUNCEMENTS. A) A Special Council Meeting will be held on October 29, 1996,7:00 p.m., City Hall, if Council Bill 1755 does not pass at this meeting (Site Plan Review #95-26, Esperanza Court) B) A Special Council workshop will be held on November 4, 1996,7:00 p.m., at City Hall. This is a joint workshop of the Council, Planning Commission, Recreation & Park Board, Library Board, and Budget Committee. C) The next regular Council Meeting will be held on Tuesday, November 12, 1996, 7:00 p.m., since Monday, November 11th, falls on Veterans Day Holiday. Page 1 - Council Meeting Minutes, October 28, 1996 r- .. I COUNCIL MEETING MINUTES October 28, 1996 TAPE READING D) Office closures for November are as follows: Citv Hall -- November 11, 1996 -- Veterans Day November 28 & 29, 1996 -- Thanksgiving Holiday Librarv --- November 9, 1996 -- Veterans Day observance November 28 & 29, 1996 -- Thanksgiving Holiday November 27th (close at 6:00 p.m.) E) The 1996 League of Oregon Cities annual conference will be held November 15-17, 1996 in Portland. 0083 COMMUNICATIONS. Mayor Kirksey stated that she had received a letter regarding a sign on Clackamas Circle which she has already forwarded to Public Works for them to take care of. Mayor Kirksey stated that she had also received a telephone call from Mrs. Lakey who lives along N. Front Street requesting that the City install "No Parking" signs on both sides of Front Street. Numerous cars are being parked along N. Front Street near Stonehedge Apts. due to insufficient parking spaces in the complex based on the number of people living in the apartments and, in some cases, people are sleeping in their cars which ultimately creates a nuisance in the neighborhood. 0140 Andy Neilton, 432 N Pacific Hwy. (Classic Car Wash), stated that his wastewater bill from the City far exceeds the wastewater bills he has received for his car wash operations in Lebanon and Albany. Year to date (7 months), he has paid $1,828.90 to Lebanon, $1,442.74 to Albany, and $5,504.86 to Woodburn. He requested Council assistance in re-evaluating the fee structure, otherwise, he may be forced to go out of business. Councilor Pugh stated that he would like to have a copy of the information prepared by Mr. Neilton to review. 0252 COUNCIL BILL 1755 - ORDINANCE AFFIRMING THE DECISION OF THE WOODBURN PLANNING COMMISSION AND APPROVING SITE PLAN REVIEW APPLICATION 95-26 ffiSPERANZA COURT). Mayor Kirksey stepped down from the bench on this issue since she has previously declared a conflict of interest. Council President Jennings took the chair and resumed the meeting. Council Bill 1755 was introduced by Councilor Hagenauer. He also stated that he had reviewed the documents entered into the record and he had viewed the video tape of the October 15, 1996 Special Council meeting. Page 2 - Council Meeting Minutes, October 28, 1996 r -~_.__.- .......--.--...-....-....--.--. 11 I COUNCIL MEETING MINUTES October 28, 1996 TAPE READING Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Pugh stated that he would abstain from voting based on the reasons given at the October 15th meeting. On roll call vote for final passage, the vote was 4-1-1 with Councilor Chadwick voting nay and Councilor Pugh abstaining. Since the Council Bill did not receive unanimous approval on the date of introduction, it will be brought back to the Council at their Special Council meeting on Tuesday, October 29, 1996, at 7:00 p.m.. Mayor Kirksey resumed her position on the bench and continued to preside over the meeting. 0343 COUNCIL BILL 1756 - ORDINANCE REGARDING COMPLIANCE WITH THE ENFORCEMENT/NON-ENFORCEMENT OF AN ACCESS CONDITION ON SITE PLAN REVIEW APPLICATION 92-12 (HOLIDAY INN EXPRESS/MAR-DENE CORP. APPEAL). Councilor Hagenauer introduced Council Bill 1756. The two readings of the bill were 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 Council Bill 1756 duly passed with the emergency clause. 0384 COUNCIL BILL 1757 - ORDINANCE ADOPTING BYLAWS GOVERNING PROCEEDINGS OF THE CITY COUNCIL. Council Bill 1757 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 1757 duly passed with the emergency clause. 0472 COUNCIL BILL 1758 - ORDINANCE IMPOSING AN ADDITIONAL MOTOR VEHICLE FUEL TAX. Council Bill 1758 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. Councilor Figley stated that, in her opinion, there is a need for general public comment on this issue before the ordinance is voted upon. Mayor Kirksey stated that she is willing to hear public comment versus a formal public hearing which will still provide the Council with input from the public on this subject. Councilor Pugh expressed his concern that the public does not receive appropriate notice of what is being considered by the Council and suggested that the agenda be placed in the local newspaper to alert the public of issues pending before the Council. 0590 Mike Sims, Oregon Gasoline Dealers Assoc. Administrator, read his letter into the record which opposes the City's attempt to increase the city gas tax from 1 cent to 3 cents without taking the issue to a vote of the people. The Association is also working Page 3 - Council Meeting Minutes, October 28, 1996 __.. _._"._~_..._.._..._ _.,.~__u___._.".;___._. _._._..._. WI . COUNCIL MEETING MINUTES October 28, 1996 TAPE READING towards state legislation that would ban all local gas taxes and is proposing an additional 5 cents per gallon (or less) to be levied state-wide to be earmarked for local road improvements. In the event the City pursues the gas tax, they will take necessary action to refer the issue to the voters and work towards its defeat. David Shannon, Attorney for Dale Baker, stated that he had not seen the proposal until today, therefore, he has not had an opportunity to thoroughly review the bill. He stated that there is strong competition between the local dealers and an additional 2 cents per gallon tax will put stations in jeopardy. He briefly commented on the limited number of cities and counties that currently have a gas tax in effect and, to his knowledge, there is no appellate case that would support the City's ordinance. In his opinion, the issue should go before the voters as it was done in 1989. 0814 Jerry Halter, representing Halter Oil Co., supported the comments made by Mr. Sims and Mr. Shannon and he requested that the Council give the public an opportunity to have a public hearing on this issue. Councilor Figley reiterated her concern regarding lack of notice to station owners who are most directly impacted by this proposed gas tax increase and to give station owners and local citizens an opportunity to comment on this issue. Councilor Jennings concurred with Councilor Figley on the issue of providing adequate time for comment. He stated that at the Council workshop, discussion was held regarding funding for street improvements and the gas tax has been talked about even within the Transportation Plan. The dealers have brought up an alternate funding source state-wide but to date no other way has been approved by the state to fund these much needed improvements. He reminded the Council that the staff had been instructed to bring back an ordinance to the Council for consideration and the Council can take whatever action they choose on this issue. Mayor Kirksey stated that she had made the decision to just put it on the agenda rather than a public hearing. She reiterated that the gas tax is a user fee and if you use the city streets, then you help to pay for the cost of repairs and/or upgrades. Councilor Chadwick expressed concern regarding the current price of gas in town when you see the price of gas in Canby being $.10 per gallon less than Woodburn. Councilor Pugh stated that the City needs decent streets and the funds in which to make those improvements. He suggested that the Council may want to broaden the scope on this issue such as tax on oil, tires, etc.. JENNINGS/FIGLEy.... table this issue to the next regular Council meeting. The motion passed unanimously. It was noted that public comment will be taken at that meeting and the Council encouraged individuals to come forth with creative ideas to address the funding issue. Page 4 - Council Meeting Minutes, October 28, 1996 ..----- ,_._.._-~_. ,- .. I \ I COUNCIL MEETING MINUTES October 28, 1996 TAPE READING 1152 COUNCIL BILL 1759 - RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE STATE ECONOMIC DEVELOPMENT DEPARTMENT TO COMPLETE THE WOODLAND AVENUE IMPROVEMENTS. Council Bill 1759 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 Council Bill 1759 duly passed. 1214 LIOUOR LICENSE TRANSFER OF OWNERSHIP -- SENIOR ESTATES GOLF & COUNTRY CLUB RESTAURANT. A transfer of ownership license was submitted by Richard & Teresa Ridderbusch and the Senior Estates Golf & Country Club Inc.. Chief Wright recommended that a positive endorsement be given on this liquor license request. JENNINGS/FIGLEy.... recommend to OLCC a positive endorsement of the liquor license transfer as per the recommendation of the Police Chief. The motion passed unanimously. 1233 BID AWARD -- MOBILE POLICE RESPONSE UNIT (TRAILER). Bids were received from the following vendors for the trailer unit: Trailer World, $20,306.55; and American Value RV Service, $24,000.00. Staff recommended the acceptance of the low bid from Trailer World less the price of a generator which was not requested in the bid specifications. Lt. Eubank: briefly described the trailer unit which will be primarily used for responding to major crime scenes. It will also be used within neighborhoods as a manned office location in conjunction with the City's community policing program. JENNINGS/FIGLEy.... accept the low bid from Trailer World in the amount of $17,206.55 for a Mobile Police Response Unit. The motion passed unanimously. 1298 ENGINEERING REPORT -- DOWNTOWN ALLEY IMPROVEMENT PROJECT. Within the engineering report, Director Tiwari outlined the process involved with a Local Improvement District. The report provided options of materials to be used to make the necessary street and storm water improvements along with a list of property owners and proposed costs to each property benefitted by this improvement. JENNINGS/FIGLEY... accept the engineering report and direct staff to prepare Resolution of Intent to improve the downtown alley. The motion passed unanimously. 1317 NEW BUSINESS ITEM -- REOUEST FOR "NO PARKING" ON FRONT STREET. Director Tiwari stated that staff has not had an opportunity to analyze the request as of this date but his staff will research the issue and bring back a recommendation if the Council would like additional information on this issue. Page 5 - Council Meeting Minutes, October 28, 1996 _. . I COUNCIL MEETING MINUTES October 28, 1996 TAPE READING Councilor Figley stated that she would like staff to research this issue to see if it is a neighborhood wide problem. Councilor Pugh would like additional 25 MPH signs on Woodland Avenue to remind motorists to slow down in this residential neighborhood. 1377 SITE PLAN REVIEW #96-14 -- SILVERCREST WESTERN HOMES CORPORATION. The Planning Commission approved, with conditions, the expansion of storage facilities as detailed on the site plan. No action was taken by the Council. 1386 STAFF REPORTS. A) Rural Investment Fund Award -- The City was awarded a grant in the amount of $34,940 for the Woodburn Downtown Development Plan project. The City and WDA will meet with the Mid-Willamette Valley Council of Governments staff to review the grant with final approval to be given by WDA (Woodburn Downtown Association) and the City Council at a future date. B) Wastewater Plant Expansion Pre-Design/New Temperature Issue -- The staff report provided the Council with updated information on the status of this project. DEQ has recently established a temperature standard for discharge to the Pudding River which now needs to be addressed in the pre-design phase. C) Residential Wastewater Billing Information -- Director Tiwari reminded the public that water usage during the months of November through February will determine the monthly billing charge for each customer for the period of March 1997 through March 1998. Information is being sent with each utility bill to remind customers that average water usage for 3 out 4 months will be used to determine each customer's monthly wastewater rate and adjustments will be made when leaks are promptly repaired and/or there is a reduction in the water use pattern for 3 consecutive months after the winter average has been calculated. 1447 ADMINISTRATOR'S REPORT. Administrator Childs stated that the City has received some conceptual ideas from the WDA on the Downtown Development Plan which shows that a positive working relationship exists between the City and WDA. 1494 MAYOR AND COUNCIL REPORTS. Councilor Figley stated that she had received a compliment from a local resident on the City's leaf pick-up program and she expressed her thanks to the Public Works staff for the continuation of this program. Page 6 - Council Meeting Minutes, October 28, 1996 r-'-' .. r I COUNCIL MEETING MINUTES October 28, 1996 TAPE READING Councilor Jennings stated that he received a letter from the Senior Estates Golf & Country Club questioning when the City would be installing the stop signs on Country Club Road and Rainier Rd. where the City said they would place them. Director Tiwari stated that there were conditions placed by the Planning Commission and Council which related to the development of the property east of Senior Estates and north of Country Club Road. As this development takes place, the signs will be installed. He will review the situation and, if appropriate, direct his staff to install the signs at the designated locations. Councilor Sifuentez requested, for general information to the audience, a brief update as to the status of Council Bill 1755 (Esperanza Court Site Plan Review). Mayor Kirksey stated that an ordinance requires a unanimous vote of the Council in order to pass at the first meeting it is introduced. Since the bill did not receive a unanimous vote, it will be read at the October 29th special meeting. The bill will only need a majority vote of the Council at this meeting in order to pass. She also reminded the Council that Council President Jennings will preside at the special meeting since she has declared a conflict of interest. Councilor Sifuentez proceeded to summarize the Mayor's comments in the Spanish language for those individuals in the audience who do not speak English. In regards to the Esperanza Court development, Mayor Kirksey stated that she has never been against farmworker housing, in fact, she had written a letter to the Department of Justice several years ago encouraging the development of Neuvo Amanecer which also included the City selling the property to FHDC. In her opinion, the City has demonstrated a need for that property and it is the best place for a Community Center that will provide programs to keep our children out of gangs and there are better places within this community to construct multiple housing units. 1745 ADJOURNMENT. JENNINGS/PUGH... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:58 p.m.. t"'~~ APPROVED ..~..< NANCYA. KI c<// Y,MAYOR ATTEST j?1~~ Mary nt, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, October 28, 1996 .. .