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Minutes - 04/24/1995 TAPE READING 0001 0006 0020 0035 0051 " COUNCIL MEETING MINUTES April 24, 1995 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 24, 1995. 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, Park Director Holly, Library Director Sprauer, Public Works Manager Rohman, 9-1-1 Manager Wolf, City Recorder Tennant MINUTES. JENNINGS/FIGLEy.... approve the regular and executive Council minutes of April 10, 1995 and the workshop minutes of March 20, 1995; accept the Planning Commission minutes of March 23, 1995 and the Recreation and Park Board minutes of April 10, 1995. The motion passed unanimously. JENNINGS/PUGH... move tabled business (item 9A) to just prior Committee Reports (item 5). The motion passed unanimously. APPOINTMENTS. Mayor Kirksey stated that there are vacancies on the Planning Commission and Cable TV Advisory Committee and she is in need of names of interested citizens for these positions. Additionally, she would like to appoint citizens to the Human Rights Commission and the Councilors need to submit names of citizens within their Ward willing to serve on this commission. ANNOUNCEMENTS. On May 8, 1995, a public hearing will be held before the City Council on the Wastewater Facilities Plan. Also on May 8th, a public hearing will be held on the Woodburn Fertilizer Zone Change and Comprehensive Plan Amendment. Page 1 - Council Meeting Minutes, April 24, 1995 r - ,.-.----- -.., ._~~~_.~.~--.._-,-, ,.-,.- . 1I1 TAPE READING 0100 0132 COUNCIL MEETING MINUTES April 24, 1995 On May 22, 1995, the City Council will hold a public hearing on the city's 1995-96 budget which includes funds under the state Revenue Sharing program. PROCLAMATION - PEACE OFFICER MEMORIAL WEEK. Mayor Kirksey read the proclamation declaring the week of May 14th through 21st, 1995 as Peace Officer Memorial Week in gratitude for their dedicated public service. TABLED BUSINESS - RENEWAL OF CITY MEMBERSHIP IN THE COUNCIL OF GOVERNMENTS. JENNINGS/FIGLEy.... remove this item from the table. The motion passed unanimously. Mary Pearmine, Marion County Commissioner, encouraged the Council to renew their membership into the Council of Governments and to become another jurisdiction within an organization that provides technical services to jurisdictions within Marion, Polk & Yamhill counties. Meetings are held monthly and jurisdictions are equal voting partners on issues of regional significance. If COG speaks as one, there are a variety of issues that provide a stronger voice if you are talking on a state or federal level. COG also provides technical support on issues of regional concern that none of the jurisdictions have staff members available to specifically study such as the water issues surrounding the Pudding River Basin. Councilor Figley stated that she was interested in knowing what COG can do for the City as part of the membership fee since so many COG programs require additional participation fees. Alan Hershey, COG Executive Director, stated that there are currently 42 member governments in Marion, Polk & Yamhill counties. These governmental units pay approximately $113,000 in annual dues while their annual budget is approximately $5 million. The majority of revenues is from special projects the jurisdictions elect to have carried out. He stated that COG was organized in the 1957 to promote economy and efficiency in local governments and to maintain our livability. COG has been used (1) on highly technical special projects, (2) to develop model or experimental programs amongst the members to test various theories or concepts, and (3) bring members together in group efforts towards a common goal. Councilor Jennings stated that the decision to withdraw beginning fiscal year 1994-95 was made as a result of financial decision by the Council to utilize the membership fee towards other city programs. Mayor Kirksey stated that as federal revenues slowly disappear, local governments need a united front to keep up with mandated programs. Additionally, COG is able to help our Page 2 - Council Meeting Minutes, April 24, 1995 ... __. ,.>.,_~"...___".."~"..__""., "_,, ___....w,_.............,.,..'.._.,"'.._.___ - . TAPE READING 0686 0716 0830 COUNCIL MEETING MINUTES April 24, 1995 City when our staff level is not growing to meet these demands. During a brief discussion on lobbying efforts, Mr. Hershey stated that, in most cases, lobbying is done by individual members and he only gets involved with lobbying when the Board determines that he should represent all of the member agencies on a specific issue. Following some additional Council discussion on the issue, JENNINGS/FIGLEY... City re-join the Council of Governments effective July 1, 1995. On roll call vote, the motion passed 5-1 with Councilor Pugh voting nay. CHAMBER OF COMMERCE REPORT. Dave Valencia, Chamber representative, stated that the Casino night went well but there are no official dollar amounts reported as of this date. LETTER FROM HERMANSON ADDITION NEIGHBORHOOD WATCH ASSOCIATION. Mayor Kirksey read a letter received today from Lucien Klien, member of the Neighborhood Watch Association, requesting the posting of additional 25 MPH signs on Marshall Street and Children At Play signs to alert motorists on the need to be careful when driving in their area. JENNINGS/FIGLEY... request for additional signage be approved. Councilor Sifuentez questioned if the staff was aware of the request, and if so, if they had any comments on the request. Administrator Childs stated that this is the first time that staff was made aware of the letter and he requested that staff be allowed to look into the situation and make a recommendation to the Council. Mayor Kirksey stated that she had just received the letter today and had not had an opportunity to share the contents of the letter with staff. JENNINGS/FIGLEY... table until the next regular meeting. The motion passed unanimously. PUBLIC HEARING - NORTHWEST NATURAL GAS UTILITY USE FEE. Mayor Kirksey declared the public hearing open at 7:31 p.m.. Administrator Childs stated that the utility Impact fee would be assessed on Northwest Natural Gas Company's gross revenues from within the city limits. The utility Impact Fee, technically known at a privilege tax, is allowed under ORS 221.450, supporting ORS administrative rules, and City Franchise Ordinance 2133 Section 12(2}. The city already has in place a utility Impact Fee on Portland General Electric revenues and the fees generated from this tax are dedicated for Street Capital improvements. Administrator Childs submitted into the record a copy of the letter sent by certified mail to Northwest Natural Gas advising them of the pending imposition of the utility use fee (Exhibit 1). The Page 3 - Council Meeting Minutes, April 24, 1995 r ._"--.".~...,..~.~~...........-., .-,,- ..._~--_._---,- .., . ~ TAPE READING 1352 1384 1409 ~f>.'" COUNCIL MEETING MINUTES April 24, 1995 proposed fee is 2% which, in conjunction with the current 3% franchise fee, would bring the total collection to 5% which is the maximum allowed under state law. Administrator Childs stated that he had received a letter in support of the proposal from Terry will who stated that imposing the utility use fee would help with some of the financial problems associated with transportation capital improvments and would treat electric and gas customers alike. Gary Hammack, 695 S. Settlemier, spoke in opposition to the proposed fee stating that the City receives more than enough fees from the utility companies. If there is a concern regarding discrimination between electric and gas customers, the city should repeal the Portland General Electric utility impact fee. Administrator stated that imposing the fee is only a small effort to achieve the traffic related financial obligations that will be facing the City over the next 20 years. Mayor Kirksey declared the hearing closed at 7:43 p.m.. Councilor Pugh stated that the City is faced with an extremely serious problem as it relates to traffic and we cannot expect the state to pay for improvements in full. It was the general consensus of the Council that the fee should be imposed and funds dedicated to street Capital improvements. JENNINGS/HAGENAUER.... direct the staff to prepare an ordinance in final form for presentation at a subsequesnt meeting which contains an effective date on or after June 18, 1995. The motion passed unanimously. COUNCIL BILL 1621 - RESOLUTION ENTERING INTO WORK SITE AGREEMENT WITH MID-WILLAMETTE JOBS COUNCIL. Council Bill 1621 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 1621 duly passed. COUNCIL BILL 1622 - RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF PROPERTY LOCATED WEST OF BOONES FERRY RD AND NORTH OF COUNTRY CLUB ROAD (HERITAGE PARKl. Councilor Hagenauer introduced Council Bill 1622. 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 1622 duly passed. The pUblic hearing will be held on May 22, 1995. COUNCIL BILL 1623 - RESOLUTION ADOPTING AN ATTENDANCE POLICY FOR CITY BOARDS. COMMISSIONS. AND COMMITTEES. Page 4 - Council Meeting Minutes, April 24, 1995 .,... -~...._..H..'__.__..._~n...'_ ,_, TAPE READING 1689 1810 1971 ", COUNCIL MEETING MINUTES April 24, 1995 council Bill 1623 was introduced by Councilor Hagenauer. Upon the request of the Council, the bill was read in full. Discussion was held regarding the purpose of the bill which will allow the Mayor and Council to eventually take some action to remove a board, commission, or committee member for non-attendance. Councilor Pugh expressed concern over the lack of an excused versus non-excused absence especially if someone is ill for a period of time but eventually able to return to their board, commission, or committee seat. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1623 duly passed. COUNCIL BILL 1624 - ORDINANCE MAKING AN APPROPRIATION FOR A BEOUEST FROM THE ESTATE OF MARTHA EISENEGGER. Council Bill 1624 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. Administrator Childs stated that the Council had been previously advised of the bequest and the proposed bill would allow the Parks Department to make several immediate improvements to the Community Center such as raising the lights in the auditorium, installing some new fixtures, new counter tops in the kitchen area, and some new hall carpeting in the upstairs area. On roll call vote for final passage, Council Bill 1624 passed unanimously. The Mayor declared the bill duly passed. COUNCIL BILL 1625 - RESOLUTION ACKNOWLEDGING ACCEPTANCE OF AN ART DONATION AND ENTERING INTO AN AGREEMENT WITH DR. LARRY DAVIS. Councilor Hagenauer introduced Council Bill 1625. The bill was read by title only since there were no objections from the Council. Library Director Sprauer stated that the art prints were donated to the Library in March 1994 and the proposed resolution and agreement formalizes the donation both for Dr. Davis and the City. It was noted that Dr. Davis was recognized by the Library last year for his generous donation and there is a wall plaque displayed acknowledging his donation. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1625 duly passed. REJECTION OF BID FOR A USED PICK-UP TRUCK. Page 5 - Council Meeting Minutes, April 24, 1995 I _.....- ---.....,....-...-.--.. '.,~--_._~_.,......._,._,.-...._~.<-_._-~ ~.__.._._--- - --.--.,'" . TAPE READING 1992 2003 2026 2067 '''''', COUNCIL MEETING MINUTES April 24, 1995 staff advised the Council that a bid for a used pick-up truck to be used by the building inspector was received from Hillyer's Ford in the amount of $14,500. Since the budget only provides for an approximate $8,000 expenditure, the staff recommended rejection of the bid. In addition, the staff advised the Council that they would be re-advertising for bids in the Salem and Portland area as well as locally in hope that increased exposure would result in obtaining a bid within the City's budgetary amount. JENNINGS/FIGLEy.... Council reject the bid received under Bid #95-16. The motion passed unanimously. O.L.C.C. LICENSE TRANSFER - SENIOR ESTATES GOLF' COUNTRY CLUB. Police Chief Wright recommended the granting of license transfer for the addition of a partner, Reznicsek, who is taking over the operation and the Senior Estates Golf & Country Club. JENNINGS/FIGLEY... OLCC license transfer application submitted by the Senior Estates Golf & Country Club and Susan Reznicsek be approved. The motion passed unanimously. an OLCC Susan K. management of REOUESTED AMENDMENT TO CINCO DE MAYO SOUND AMPLIFICATION PERMIT. At the March 20th Council meeting, approval was given for a sound amplification permit for the Cinco De Mayo Celebration for the following dates/times: Friday May 5th, 12:00 pm to 10:00 pm Saturday - May 6th, 12:00 pm to 8:00 pm Sunday May 7th, 12:00 pm to 7:00 pm Centro CUltural, sponsors of the event, have requested that Saturday's permit be extended to 10:00 p.m. and following review of the request, staff is recommending that the permit for Saturday, May 6th, be extended to 10:00 p.m.. JENNINGS/SIFUENTEZ.... Council amend its previous action by extending the sound amplification permit for Saturday, May 6, 1995, to 10:00 p.m.. The motion passed unanimously. Dan Quiones, member of Centro CUltural, invited the Council and public to attend the Cinco De Mayo Celebration. Bob , 770 Bryan st., expressed his appreciation to the Council and Police Department for their support over the last few years. STAFF REPORTS. (A) Settlemier Avenue Resurfacing -- Work is progressing on this project and it is hoped that the work will be completed by the end of the week. Page 6 - Council Meeting Minutes, April 24, 1995 r .__.._.~ .,.."------~-.._-_...... ,-,-*., _.__....._<..".._.,~-_.._..-._--_._-_. - TAPE READING 2290 2420 COUNCIL MEETING MINUTES April 24, 1995 (B) Country Club Road Realignment/Evergreen Road Extension _ Director Tiwari stated that the pavement striping will begin tomorrow by the state Highway Department. Additionally, the state will also be installing the censor devices this week. Both projects should be capable of handling traffic by the end of this week. Director Tiwari also reported that the Astor Well was accepted from the contractors today. Earlier problems experienced by the contractor delayed acceptance of the well until this date. (C) Children's Services Improvement Grant -- Director Sprauer stated that our Library is a recipent of an "outstanding Project Award" from the Oregon Library Association for the project which was outlined in the improvement grant. The City had received $1,621 towards the purchase of a MacIntosh computer and mUlti-media programs for primary/secondary school age children. Grant funds are available each fiscal year and it is staff's intent to continue and expand this program. This project will be one of 10 projects featured at the upcoming Oregon Library Association's annual conference. CITY ADMINISTRATOR'S REPORT. Administrator Childs stated that he and Mayor Kirksey had attended a legislative update session today sponsored by the League of Oregon Cities. Issues still pending before the legislator include various pUblic employee collective bargaining issues, significant changes relating to building codes/inspections, potential loss of state-shared revenues, and a cap on assessed valuations. Councilor Sifuentez stated that she frequently gets calls similar to Mr. Klien's concern and she raised the issue of protocol in allowing staff to investigate the issue then they make a recommendation to the Council. Administrator Childs stated that it is helpful for staff to be informed of the request and/or concern so that they may make some initial findings before the Council makes a decision on the issue. Councilor Sifuentez encouraged the public to, whenever possible, contact the staff on these types of issues rather than directly contacting the Mayor or Councilors. Councilor Chadwick stated that it was a pleasure to be able to drive on the newly paved portion of Settlemier Avenue. Councilor Figley also expressed her delight in being able to drive on the newly paved portion of Settlemier Avenue. Page 7 - Council Meeting Minutes, April 24, 1995 r ..-"----..,-- ._,-~-- -q,--,.~ . .. --~, "'~-_'_'_"_-'-~_'-""..._.,~"._.-.,----~-- TAPE READING 2688 3035 ",. COUNCIL MEETING MINUTES April 24, 1995 Additionally, she stated that United Disposal Service deserves a thank-you from the citizens of Woodburn for their annual donation of thousands of dollars in providing dumpsters one week-end each year for backyard clean-up. Councilor Jennings requested that the staff review with him the reason behind so many of the ordinances having emergency clauses. He also complimented the Administrator and Department Heads on the Employee Recognition Dinner. He also stated that he was impressed with the average length of tenure for City employees. In regards to the next Transportation Task Force meeting, a specific meeting date has not been scheduled, however, they are looking at the second week in May. Mayor Kirksey stated that she had found the LOC meeting very interesting and came away feeling very strongly in support of the proposed Transportation Finance package. Without this funding package and reductions in federal transportation funds, the City will not be able to accomplish the capital improvements currently being discussed by the Transportation Task Force. Councilor Jennings expressed his concern that there is no guarantee that more construction dollars will be spent on projects within Marion County and he would be more inclined to support the bill if Marion County would receive its fair share of money collected for capital projects. Mayor Kirksey also expressed her opposition to HB 3387 which would prohibit public employees and pUblic employers from communicating information relating to any candidate, measure, or political committee during the 60-day period prior to an election or mailing of ballots. She stated that the Mayor, Council, or any other citizen who serves on Board, Commission, or Committee could speak out publicly on any election issue 60 days prior to the election or mailing of ballots. Administrator Childs stated that there were 79 employees recognized at the dinner for 5 or more years of service (five year increments) to the City. One individual has been an employee for more than 35 years and, of those individuals recognized, they cOllectively represent 1,005 years of service to the City. EXECUTIVE SESSION. JENNINGS/FIGLEY... adjourn to executive session to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation Page 8 - Council Meeting Minutes, April 24, 1995 r ..-.. '_._.__...-+--_.....,....-_....~._._.,. ',~,~...._--_..__.._.~..-"'-.~._.."._. '11 I ~.---'... TAPE READING 3043 COUNCIL MEETING MINUTES April 24, 1995 likely to be filed under the authority of ORS 192.660(1)(h). The motion passed unanimously. Councilor Sifuentez left the meeting at this time since she had previously stated that she had a perceived ethical if not legal conflict of interest on the Salud issue. The Council adjourned to executive session at 8:30 p.m. and reconvened at 9:15 p.m.. Following the executive session, FIGLEY/HAGENAUER... due to information received about a possible pending sale of the Salud building at 347 N. Front st., any decision made on filing a complaint be deferred until May 25, 1995. Discussion was held as to why she had selected May 25th and she replied that it was the contingency date on the earnest money agreement. After some further discussion on the date that it should be brought back to the Council, Councilor Figley changed the date to June 13, 1995 and councilor Hagenauer agreed to the date change. On roll call vote, the motion passed 3-2 with Councilors Pugh and Jennings voting nay. Councilor Sifuentez was not present for this portion of the meeting. Mayor Kirksey stated her support for the aye votes on this issue. Tape 2 0029 ADJOURNMENT. JENNINGS/FIGLEY... meeting be adjourned. The motion passed unanimously. The meeting concluded at 9:20 p.m.. APPROVE:~~10c;1(~7 NANCY A KIRKSEY, ~YOR ATTEST fYlC4~~:--~ Mary Te ant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, April 24, 1995 I ......~.__.- --"-"~"---'-'-- '11 ,