Minutes - 05/13/1996
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COUNCIL MEETING MINUTES
May 13, 1996
DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, MAY 13, 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, Police Chief Wright, Community Development
Director Goeckritz, Finance Director Gillespie, Park &
Recreation Director Holly, Library Director Sprauer, Public
Works Manager Rohman, City Recorder Tennant
MINUTES.
JENNINGS/FIGLEy.... approve the Council workshop minutes of
April 15, J.996 and the April 22, J.996 regular and executive
session minutes; accept the Planning Commission minutes of
April 11, J.996, Library Board minutes of April 24, 1996, and
the Recreation and Park Board minutes of April 22, 1996. The
motion passed unanimously.
ANNOUNCEMENTS.
(A) A public hearing on the proposed Graffiti Ordinance will
be held on May 20, 1996, 7:00 p.m., in the City Hall Council
Chambers.
(Bl A public workshop on Water Conservation will be held on
Tuesday, May 21, 1996, 7:00 p.m., in the Woodburn Public
Library Multi-Purpose room.
PROCLAMATIONS.
(A) PEACE OFFICER MEMORIAL WEEK Mayor Kirksey proclaimed
the week of May 12 - i8, 1996, as Peace Officer Memorial Week
in Woodburn and May 15, 1996 as Peace Officer Memorial Day to
recognize those individuals who perform law enforcement
services to our community.
(Bl PUBLIC WORKS WEEK --- Mayor Kirksey proclaimed the week
of May 20 - 24, 1996 as Public Works Week in Woodburn to urge
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citizens to learn more about the City's public works services
and facilities and to recognize those employees who strive to
make our community more healthy, safe, and comfortable.
CHAMBER OF COMMERCE REPORT.
Patrick Vance, representing the Chamber Board, updated the
Council on the following events:
(1) Tulip Festival was a positive promotional event for the
City since the festival received regional publicity in the
print media and local television, and for the Wooden Shoe Bulb
Company who has estimated the number of visitors at 150,000
which is up substantially from 80,000 last year;
(2) The survey forms relating to the need for additional up-
scale restaurant facilities must be returned by Friday;
(3) The Greeter's Program will be held on Wednesday, May
15th, 8:00 am, at the office of Brown Insurance Agency; and
(4) The monthly Chamber Forum will be held on Wednesday, May
15th, 12:00 noon, Yun Wah's Restaurant, with the topic of
"Build a Team and Lead It" being presented by Larry CUstus who
is a motivational speaker and leadership consultant.
WOODBURN DOWNTOWN ASSOCJ:ATJ:ON REPORT.
Susan King, representing the Downtown Association, presented
the Council with letters from members of their group and local
businesses encouraging the Council to appoint a Task Force to
evaluate the desires of the community to build a new Community
Service/Performing Arts Center in the downtown area.
LE'l"l'ER FROM SENXOR ESTATES RE: WASTEWATER RATES.
Mayor Kirksey read a letter from Ronald Lilienthal, Board
President of the Senior Estates Golf & Country Club, urging
re-affirmation of sewer rate Ordinances 2157 and 2164 or, if a
change is made, to a volume rate schedule rather than a flat
rate schedule. The Board also supports the idea of a subsidy
program to assist customers who are in need of financial
assistance provided that the assistance comes from funds other
than the utility service fees.
Preston Tack, 2197 Camilla Way, informed the Council that the
Association of Metropolitan Sewerage Agencies will be holding
a conference in Denver Colorado from July 16th through 19th
which will include topics on privatization of public works
services. He realized that the City is not a member of AMSA
but he does know that Portland, Salem, and Eugene are members.
If the Council is interested in receiving more information on
this upcoming conference, he offered his assistance in making
the necessary contacts. -
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PUBLIC BEARING -- 1996-97 CITY BUDGET.
Mayor Kirksey declared the public hearing open at 7:13 p.m.
for the purpose of obtaining public input on the proposed
budget which includes State Revenue Sharing funds.
Administrator Childs presented the staff report on the
proposed budget which was adopted by the Budget Committee.
The Financial Summary and Notice of Hearing had been published
in the woodburn Independent on April 24th with the second
notice of hearing published in the Independent on May 1st.
The total proposed budget is $23,123,405 and the total
property tax levy authorized by the Budget Committee is
$3,600,035. Of the total taxes to be levied, the Bonded Debt
levy for the Aquatic Center will be $189,269 while the balance
of the taxes will be used to support the General Fund, Transit
Fund, Library Fund, and Parks & Recreation Fund. The
estimated loss of property taxes due to compression under the
Ballot Measure 5 limitation is 12.5%. He highlighted
components of the budget such as continuation of the Police
"COPS" and "COPS FAST" grant, the two-year Housing
Rehabilitation program, year-round aquatic center, and senior
service programs; addition of several personnel positions to
meet the growing service demands; initial funding for future
facilities expansion; initial funding for evaluation of the
City's telephone system; funding for full development of the
City Hall basement; funding for several projects established
by the Council; funding for expanded hours of Dial-a-Ride
paratransit service; and funding for evaluation of the City's
computer network system.
Patrick Vance, Chamber Board, commended the City in their
preparation of the budget document, however, the Chamber would
like the Council to consider a change to the current
distribution of hotel/motel tax funds. A proposal had been
submitted to the Budget Committee during the later part of the
hearings process but due to the lateness in receiving the
written request, no change was made in the amount allocated
for distribution to the Chamber. He stated that the revenues
received from hotel/motel taxes are used to promote the
livability and workability of our community and to offset
printing costs for brochures. Currently, the Chamber receives
$4,000 annually under the provisions of the ordinance. Of the
total funds collected last year, the City received
approximately $61,000, the Chamber received $4,000, and the
hotel/motel operators received $6,000 for their work in
collecting the tax. The Chamber is requesting that they
receive a proportional share of the increase in taxes
collected rather than the current maximum amount designated by
the ordinance. This request is being made in light of the
increase in funds being collected now that there are more
hotel/motel units located, or being built, in Woodburn. He
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also provided data on the distribution of hotel/motel tax
monies by other cities in Oregon which range from all of the
monies going to the local area Chamber to a smaller percentage
to the Chamber and the balance to the City.
Administrator Childs stated that he is willing to look into
this issue, however, he reminded the Council that in order to
change the distribution of funds would require a change in the
current ordinance.
Mayor Kirksey declared the public hearing closed at 7:00 p.m..
During a brief discussion on the Chamber's request for re-
evaluation of the hotel/motel tax funds, it was the consensus
of the Council to hold a workshop with the Chamber to receive
a more detailed presentation of their proposal along with
their plans on how the money will be used by the Chamber.
The Administrator was requested to work with the Chamber in
setting a date for the workshop.
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JENNINGS/FIGLEY... direct staff to draft an ordinance with the
applicable budget figures to be presented to the Council. The
motion passed unanimously.
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COUNCIL BILL 1708 _ ORDmANCE AMENDING ORDINAHCB 1957 (TRUCK
ROU'l'B ORDINANCE) TO CLARIP'Y CBRTAJ:N ADMJ:HJ:STRATJ:VE PROV:tSJ:ONS.
Council Bill 1708 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 1708 duly passed with the
emergency clause.
Councilor Jennings stated that this ordinance amendment has
not established any new streets but it does require truck
drivers to stay on designated truck routes until a different
route must be taken in order to receive or discharge goods.
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COUNCIL BILL 1709 - RESOLUTION ENTERING J:NTO AN
J:NTERGOVERNMEN'l'AL AGREEMEN'l' WJ:TB THE STATE DEPT. OF
TRAHSPORTATJ:ON FOR THE SAFETY BELT ENFORCEMENT AND THREE FLAGS
PROGRAM.
Councilor Hagenauer introduced Council Bill 1709. The bill
was read by title only since there were no objections from the
Council. On roll call vote for final passage, Council Bill
1709 passed unanimously. Mayor Kirksey declared the bill duly
passed.
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1047 COUNCIL BILL 1710 - RESOLUTION ENTERING INTO A LICENSE
AGREEMENT WITH CAMPBELL DELONG RESOURCES. INC.. FOR THE USE OF
LANDLORD TRAINING MATERIAL AND MAKING APPLICATION FOR
MEMBERSHIP IN THE ENHANCED SAFETY PROPERTIES PROGRAM.
Council Bill 1710 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 1710 duly passed.
1076 COUNCIL BILL 1711 - RESOLUTION DIRECTING THAT A STOP SIGN BE
INSTALLED ON CONSTITUTION AVENUE AT BooNESFERRY ROAD.
Council Bill 1711 was introduced by Councilor Hagenauer. The
bill was read by title only since there were no objections
from the Council.
JENNINGS/FIGLEY. .. suspend the rules and Council Bills 1712
and 1713 be read prior to taking a final vote.
The motion passed unanimously.
COUNCIL BILL 1712 - RESOLUTION DIRECTING THAT A STOP SIGN BE
INSTALLED ON HENRY'S BOULEVARD AT BOONES FERRY ROAD.
Council Bill 1712 was introduced by Councilor Hagenauer. The
bill was read by title only since there were no objections
from the Council.
COUNCIL BILL 1713 - RESOLUTION DIRECTING THAT A STOP SIGN BE
INSTALLED ON ROBIN AVENUE AT WOODLAND AVENUE.
Council Bill 1713 was introduced by Councilor Hagenauer.
Recorder Tennant read the bill by title only since there were
no objections from the Council.
1144 JENNINGS/FIGLEy.... approve Council Bills 1711, 1712, and 1713
as read. The motion passed unanimously. Mayor Kirksey
declared the bills duly passed.
1151 OLCC LICENSE APPLICATION - EL NOPAL RESTAURANT.
Chief Wright recommended approval of the restaurant license
application submitted by Mrs. Dora Rivas (EI Nopal Restaurant,
333 N.' First St.). In his memo, he informed the Council that
Mrs. Rivas was required to apply for a new license since she
had failed to submit the renewal paperwork to OLCC in a timely
manner.
JENNINGS/FIGLEY... application for a Restaurant liquor license
submitted by Dora Rivas be approved. The motion passed
unanimously.
1164 REOUEST FOR RECONSIDERATION OF COUNCIL TO OLCC RE: RAVEN INN
TAVERN, 262 N. PACIFIC HIGHWAY.
Tina Wiltsey, owner of the Raven Inn Tavern, provided the
Council with additional information to clarify testimony
presented at the renewal hearing. She stated that even though
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OLCC granted her request to remove the restrictions from her
RMB license in June 1995, she never did quit using the
compliance plan agreed to between her and the City. She
reviewed the measures she has taken at her establishment over
the last few months to closely monitor the activities of her
patrons. Additionally, she has drastically curtailed her real
estate business in order to spend at least 30 hours per week,
most often substantially more hours each week, at The Raven
Inn. She reiterated her desire continue her operations at the
tavern and willingness to enter into a comprehensive
compliance plan with the City.
Councilor Jennings stated that he was willing to reconsider
the Council's previous action, however, he did not vote on the
prevailing side so he is unable to make the motion to
reconsider. Councilor Figley expressed her concern regarding
the business's ability to control the situation once the
compliance plan was lifted.
Ms. Wiltsey stated that she thought she had no problems at the
business until such time as the undercover operations began
last summer. She realizes now that she was not spending
enough time at the business.
Councilor Sifuentez objected to an earlier statement made by
Ms. Wiltsey in that woodburn is a problem town.
Ms. Wiltsey stated that she meant that the taverns are a
problem in woodburn. She also commented on an excerpt from
one of the reports that points out that OLCC had made 13
visits to her establishment and no problems were found.
.Additionally, OLCC Investigator Mike Schnoebelen has made a
written recommendation to issue the business a Warning and
renew the annual license with license restrictions as an
option. She reiterated her desire to work with the City and
requested the Council to reconsider their previous action to
recommend denial of the license to OLCC.
Following Ms. Wiltsey'S presentation, the Councilors made no
motion to reconsider their previous action.
1898 ACCEPTANCE OF PUBLJ:C UTJ:LJ:TY EASEMENTS ALONG S. PACIFJ:C
HIGHWAY.
Public Works Director Tiwari stated that the water main
adjacent to 110, 160, 180, 200 and 220 S. Pacific Hwy. is
undersized and all of the property owners, excluding 220 S.
Pacific Hwy., have signed a 16-foot wide utility easement to
allow for the replacement of the line. He noted that .the line
will not be replaced at 220 S. Pacific Hwy. unless the
property owner grants the easement. Easements have been
signed by the following property owners:
Kalberer Hotel Supply Co. 110 S Pacific Hwy
Beverly J. Brack 160 S Pacific Hwy
Cost Plus 180 S Pacific Hwy
Cost plus 200 S Pacific Hwy
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JENNINGS/FIGLEy.... public utility easements be accepted. The
motion passed unanimously.
BID AWARD -- LEGION PARK PICNIC PAVILION RECONSTRUCTION BID.
Bids for the reconstruction of the picnic shelter which was
damaged in the December 1995 windstorm were received from the
following contractors: CMJ Construction (Lake Oswego),
$21,435.00; and Woodburn Construction (Woodburn), $29,725.00.
Staff recommended awarding the contract to the low bidder, CMJ
Construction, who will be mandated to have the project
substantially completed by June 21, 1996.
JENNINGS/SIFUENTEZ.... award the bid to CMJ Construction in
the amount of $21,435.00.
Councilor Pugh questioned if the City could give preference to
a local bidder since, in his opinion, the City should keep as
much business as possible locally.
It was noted that the law does require the acceptance of low
bids provided that the specifications are met.
On roll call vote, the motion passed 5-1 with Councilor Pugh
voting nay.
CLAIMS FOR THE MONTH OF APRIL 1996.
SIFUENTEZ/PUGH. ... approve voucher checks #31228 - #31518
issued during the month of April 1996. The motion passed
unanimously.
Deanna Jolly, owner of Artic Circle, questioned the progress
of the transient business issue.
Mayor Kirksey stated that the Committee has now given the
staff instructions on how to proceed and this issue will be
addressed at the first Council meeting in June.
Councilor Jennings suggested that the City consider sending an
individual back to Denver CO to attend the 3-day conference on
privatization of public works activities. In his opinion, the
City needs to keep abreast of these issues since privatization
practices are moving towards the west coast. Staff will
obtain the information from Mr. Tack and look into the matter.
STAFF REPORTS.
(A) Wastewater Service Charge and Related Issues --_
Mayor Kirksey stated she had asked the Public Works Director
to prepare the set of calculations included in the packet and,
after considering those numbers and talking to individuals
within the community, they are not interested in making a
change unless it is strictly to volume rate charge which will
impose additional monthly fees to customers with high usage.
In addition, she had received a letter from Barbara Lucas
reiterating her viewpoint on maintaining the fair share
concept.
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Councilor Hagenauer stated that he felt the current rate
structure should be kept status quo.
Councilor Sifuentez expressed her opinion that she wanted a
change but, realistically, the Council should not change the
rate structure since we will still need to pay for the
facility at some point in time. She feels that the Committee
did an excellent job in selecting which rate structure would
be in the best interest of the community and, at this point,
the City should not regress.
Councilor Chadwick stated that the seniors who have contacted
her on this subject do not want to help pay for the new
facility anymore than they already do and are not willing to
go back to a flat rate structure that would cost them a higher
monthly fee.
Councilor Pugh stated that he has constituents in both the
West Woodburn area and Senior Estates. He will be holding a
series of meetings with these individuals to receive their
input on this subject within the next 60 days. Since he would
like to have the input of these people before a final decision
is made,
PUGH/SIFUENTEZ....accept this year's program (rates) as it is
and we defer for 60 days our decision what we do for next
year.
councilor Figley stated that she would be willing to support
the motion provided that it had a 6 month wait rather than 60
days. In her opinion, the Committee worked very hard on this
project and she is thankful for their efforts in arriving at a
rate structure that overall seems to be fair to the
residential customers. If the 6-month period would take us to
far into the next rate calculation. period, she would agree to
revisiting this issue at the first meeting in September.
Councilor Jennings expressed his opinion that the Committee
worked hard to develop a fair proposal and he is not willing
to make any changes to the existing rate structure.
PUGH/SlFUENTEZ.... amend the motion to revisit this issue at
the first meeting in September.
Councilor Pugh stated that the intent of his motion is to give
the City some time in which they can look at potential
modifications to the rate structure to see if it can be made
better.
Mayor Kirksey stated that she had requested the evaluation of
rates which would change the minimum 500 cu ft to 400 cu ft
per month and reduce the rate per 100 cu ft above the minimum
from $3.59 to $2.70. Under this method of calculation,-
customers would pay more for sewer if they use less than 800
cu ft of water each month. Those using 2,000 cu ft of water
would pay $10.65 less each month under the alternative
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schedule. In summary, she concluded that the rate structure
recommended by the Committee is the fairest method especially
since customers can, to some degree, control the amount of
water used and how much they will ultimately pay for this
service.
For the Council's clarification, Administrator Childs stated
that the new rate will go into effect next spring and the
Council could review this issue anytime up till March 1997.
The wastewater rate now being paid by each customer will
remain the same for a 12-month period after which a new rate
is applied based on the 3-month recalculation period during
the winter months. He also reminded the Council that the City
needs to continue moving forward on the Bond Sale and further
consideration of our Facilities Plan by DEQ to the extent that
both items need funding stability.
Following some further discussion on this issue and
parliamentary procedure, Mayor Kirksey called for a roll call
vote on the amendment. The vote was 3-3 with councilors
Hagenauer, Figley, and Jennings voting nay. Mayor Kirksey
voted nay to break the tie.
She then called for a roll call vote on the first motion. The
vote was 3-3 with Councilors Hagenauer, Figley, and Jennings
voting nay. Mayor Kirksey voted nay to break the tie.
Councilor Chadwick questioned the status of the recalculation
period in those instances where customers were gone during the
winter months and are now being charged a sewer rate
equivalent to the 700 cu ft average even though there monthly
average is less than the minimum.
Public works Director Tiwari stated that the 3-month average
can be developed during the winter months or any subsequent
period, however, staff will need to bring back an ordinance to
the Council to allow the calculation period for subsequent
periods as discussed in the prior workshop.
(B) Banking Services --- Finance Director Gillespie informed
the Council that a Request for Proposal has been advertised
with proposals to be submitted by May 27th. The City has
utilized the service of Bank of America since 1990 and the RFP
will give the City an opportunity to reevaluate our banking
service needs.
(C) Transit Route Modification --- Effective July 1, 1996,
the route will be slightly modified to provide adequate time
for loading/unloading passengers and keep it on a consistent
time schedule.
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(D) proposed Reduction in $10 Non-School Property Tax Cap ---
In a memo from Administrator Childs, he briefly outlined a
proposed change in the property tax structure being considered
by the State Senate Revenue and Tax Policy Committee which
would limit the reduce the $10 per $1,000 limit to $9 and
increase the school limit from $5 to $6 per $1,000. The
potential impact to the City is a loss of $327,425 in addition
to the estimated $135,772 loss from the current $10 per $1,000
limitation.
JENNINGS/FIGLEy.... would like to have the City reply to the
appropriate agency stating our negative support for such a
proposal.
The motion passed unanimously.
(E) Memo Opinion On Executive Sessions --- City Attorney
Shields prepared the memorandum opinion in order to give the
Council some guidelines on meeting notice requirements and
executive session subjects.
(F) Draft Graffiti Ordinance -- The Council received a copy
of the draft ordinance in order to give them an opportunity to
review the material prior to the public hearing on May 20th.
(G) Building Activity Report for April 1996.
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c:rTY ADM:rNl:STRATOR' S REPORT.
Administrator Childs informed the council that he, along with
other City Administrators and officials, will be attending a
meeting tomorrow with OLCC officials to discuss community
concerns. He, along with Chief wright, have developed several
questions such as the degree of credence OLCC gives to the
City's recommendations and more detailed information on "party
status".
He also recently received a brochure from an organization
called "Livable oregon" who will be giving a conference at
Seaside on June 13th and 14th. This organization is involved
with the oregon Downtown Association and hopefully, a member
of WDA will be able to attend.
MAYOR AND COUNC:rL REPORTS.
Councilor sifuentez requested that, on meeting nights, City
vehicles be parked across the street in order to provide ample
parking to citizens closer to City Hall.
Councilor Pugh agreed with Councilor Sifuentez's request and
he mentioned that the new Library parking lot does provide a
more secure area due to the lighting.
Councilor Figley feels that the Council needs to thoroughly
review the Facilities Task Force recommendations to identify
the needs and wants of the community. She urged the Council
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to get the community involved to receive their input on these
recommendations.
Councilor Jennings urged the Mayor to appoint a Community
Center Task Force for the purpose of obtaining public opinion
on the issue of constructing a new community center.
Mayor Kirksey stated that she would like to hold a Council
workshop with the Facilities Task Force and Community Center
Task Force during the month of June. She requested the
Councilors to submit names of potential appointees to the
Community Center Task Force to her within the next few days.
EXECUTIVE SESSION.
JENNINGS/FIGLEY... adjourn to executive session to (1) 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) 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 8:54 p.m. and
reconvened at 9:25 p.m..
Mayor Kirksey stated that no action will be taken by the
Council as a result of items discussed in Executive Session.
The Mayor also invited the Councilors to attend a function at
the Senior Estates Clubhouse on Friday, May 17th, 3:00 p.m.,
at which time the Rose Festival Princesses will be attending
the function.
ADJOURNMENT .
FIGLEy/PUGH.... meeting be adjourned.
unanimously. The meeting adjourned at
The motion passed
9:28 p.m..
APPROVED
NANCY A. KIRKSEY, MAYOR
ATTEST_0\~ ~0:1--
Mary e nt, Recorder
City of Woodburn, Oregon
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