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Minutes - 05/13/1996 TAPE READING 0001 0003 0010 QQll .Q.Qll 0048 .''', 3A 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 Page 1 - Council Meeting Minutes, May 13, 1996 ..,...........-- . . TAPE READING 0138 ~ 0214 0260 COUNCIL MEETING MINUTES May 13, 1996 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. - Page 2 - Council Meeting Minutes, May 13, 1996 - - "" 3A COUNCIL MEETING MINUTES May 13, 1996 TAPE READING 0307 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 Page 3 - Council Meeting Minutes, May 13, 1996 'r.'~- . , '.j", 3A i ~ I TAPE READING 0970 1025 ',"" 3A COUNCIL MEETING MINUTES May 13, 1996 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. t JENNINGS/FIGLEY... direct staff to draft an ordinance with the applicable budget figures to be presented to the Council. The motion passed unanimously. " 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. 1 ~ 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. ;~ ~~ .', { I Page 4 - council Meeting Minutes, May 13, 1996 r-' .-.-.,,-..-.-.- .. . COUNCIL MEETING MINUTES May 13, 1996 TAPE READING 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 Page 5 - Council Meeting Minutes, May 13, 1996 _._~.'" - -'" 3A COUNCIL MEETING MINUTES May 13, 1996 TAPE REAQING 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 Page 6 - Council Meeting Minutes, May 13, 1996 ,-- ---~,--_.. . . ....... 3A t [ ... , ~: i l TAPE READING 2015 2175 2194 2246 2320 - COUNCIL MEETING MINUTES May 13, 1996 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. Page 7 - Council Meeting Minutes, May 13, 1996 ,. ,~_.,_ ",,_~,,_""M"~'_."'__~'~__.N~'_._.""___",_,__._..__ - . COUNCIL MEETING MINUTES May 13, 1996 TAPE READING 2529 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 Page 8 - Council Meeting Minutes, May 13, 1996 -r---- - - 3A ; ""'- ~ :~ l TAPE REA!:)ING Tape 2 0020 0200 0265 0387 COUNCIL MEETING MINUTES May 13, 1996 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. Page 9 - Council Meeting Minutes, May 13, 1996 -...,- . I 3A ... I ! ! t,;. l TAPE REAJ2ING 0457 0540 3A .......", COUNCIL MEETING MINUTES May 13, 1996 (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. . 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 Page 10 - Council Meeting Minutes, May 13, 1996 ^] ^- ----.. ~ .~ ~ I . . TAPE READING 0732 0744 0811 COUNCIL MEETING MINUTES May 13, 1996 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 Page 11 - Council Meeting Minutes, May 13, 1996 r-~ . I 3A . ~'''i\, ~ .' I