Minutes - 11/14/1994
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COUNCXL KEETXNG KXNUTES
November 14, 1994
DATE. COUNCXL CHAMBERS, CXTY BALL, CXTY OF WOODBURN, COUNTY
OF KARXON, STATE OF OREGON, NOVEMBER 14, 1994.
CONVENED. The Council met in regular session at 7:00 p.m.
with Mayor Kelley presiding.
ROLL CALL.
Mayor
councilor
councilor
Councilor
Councilor
councilor
Kelley
Figley
Galvin
Hagenauer
Jennings
sifuentez
Present
Present
Present
Present
Present
Present
staff Present:
city Administrator Childs, city Attorney Shields, Public Works
Director Tiwari, Community Development Director Goeckritz,
police Chief wright, Finance Director Gritta, Park Director
Holly, 9-1-1 Communications Manager Wolf, City Recorder
Tennant
MINUTES.
JENNINGS/FIGLEy.... approve the council regular and executive
session minutes of October 24, 1994 and the workshop minutes
of November 2, 1994; accept the Library Board minutes of
October 26, 1994 and the Planning Commission minutes of
October 27, 1994. On roll call vote, the motion passed
unanimously.
MEETING ANNOUNCEMENTS.
The Wastewater Advisory Committee will hold their next meeting
on Tuesday, November 15th, 7:00 p.m., in the city Hall Council
Chambers.
The next regularly scheduled Transportation Task Force meeting
will be held on Thursday, November 17th, 12:00 noon, in the
city Hall council Chambers.
CHAMBER OF COMMERCE REPORT.
Susan King, representing the Chamber Board, reminded the
public that the annual auction will be held on Saturday,
November 19th, beginning at 5:00 p.m., at the Woodburn Armory.
The auction is the Chamber's major fundraising project during
the year.
Orrin Ostrom, Berry Center Museum President, brought the
following issues before the council:
1) The Museum Board had previously brought to the City's
attention the problem of children and adults climbing out of
the south windows of the apartment building onto the roof of
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the Museum. The Museum Board members are concerned about the
safety of the individuals who are on the roof without
permission and on the Museum's potential liability if an
individual sustains an injury as a result of being on the
roof. The Board members had requested assistance from the
city to find out if the windows could be secured to as a
method to keep the people off the roof. Additionally, a
letter was sent to the owner of the apartment building, Mr.
Lindenmuth, on March 12, 1994 but to date, the Board has not
heard from either the city or Mr. Lindenmuth. The stucco on
the roof is now partially loose because of the kids playing on
the roof and repairs from water damage are not something the
Museum's budget can regularly pay for.
2) Secondly, Mr. Ostrom stated that he will be attending a
meeting on Thursday morning at J's Restaurant involving the
Downtown Association, Chamber, downtown business owners, and
city staff to discuss the upgrade of the downtown area. He
stated that the Ice Cream Parlour and Gift Shop bring in some
financial assistance to the Museum, however, lack of customers
due to the limited number of business establishments in the
downtown area makes it harder to generate the funds needed to
keep the Museum in operation. He questioned if pursuing the
betterment of the downtown area is a futile effort since the
Salud building, the old Bank Building, and the Rugged
Manufacturing building are all in a state of disrepair with no
projected start date planned for beginning any improvements.
COUNCIL BILL 1589 - RESOLUTION AUTHORIZING AN AMENDMENT TO THE
U.S. WEST INSTALLATION/MAINTENANCE AGREEMENT FOR 9-1-1
COKKUNICATIONS TELEPHONE SYSTEM UPDATE.
Council Bill 1589 was introduced by Councilor Hagenauer.
Recorder T.ennant 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 Kelley declared
the bill duly passed.
COUNCIL BILL 1590 - RESOLUTION AUTHORIZING TRANSFER OF
OPERATING CONTINGENCY FUNDS.
Councilor Hagenauer introduced Council Bill 1590. 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 Kelley declared Council Bill 1590 duly
passed.
CONTRACT AWARD - AOUATIC CENTER CONSTRUCTION.
In a memo from Parks Director Holly, staff recommended that
the Council award bids for Contract No. 1 and 2, however, for
Contract No.3, the sole bid from Climate Control, Inc. be
rejected since it exceeds the engineer's estimate by more than
10%.
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A) Contract No. 1 -- Bids were received from the following
contractors (Base bid plus Alternative #1 (2nd Floor) and
Alternative #2 (Underwater Lights): Berge Bros., $1,564,365;
Marion Construction, $1,672,300; Triplett Wellman Contractors,
$1,563,000; and Woodburn Construction, $1,420,000.
B) Contract No. 2 -- Bids were received from the following
contractors (Base bid plus Alternative #3 (Starting
Platforms): N.J. Burns Co., Inc., $558,300; and Cascade
Swimming Pools, $417,200.
JENNINGS/FIGLEy.... award the contracts to Woodburn
Construction as General Contractor in the amount of $1,420,000
(Contract 1) and to Cascade Swimming Pools in the amount of
$417,200 (Contract 2). The motion passed unanimously.
JENNINGS/FIGLEy.... reject the bid for Contract 3 submitted by
the sole bidder since it exceeded the 10% engineer's estimate.
The motion passed unanimously.
The staff will re-advertise for the heat recovery unit.
CONTRACT AWARD - DUCTILE IRON PIPE AND FITTINGS.
Bids were received from the following vendors for the purchase
of ductile iron pipe and various fittings: Pacific States
Cast Iron Pipe Co, $14,488.20; H.D. Fowler Co., Inc.,
$15,104.70; united Pipe & Supply Co Inc., $16,448.40; and
Consolidated Supply Co., $15,580.80.
JENNINGS/FIGLEy.... accept the low bid from Pacific States
Cast Iron Pipe Co. in the amount of $14,488.20. The motion
passed unanimously.
UTILITY BASBKENT WITHIN SENECAL ESTATES.
Staff recommended Council acceptance of a utility easement
from Lawrence and Betty smith (northerly portion of Senecal
Estates) and to relinquish a portion of an existing easement
(10 foot width) to the smith's. Future utility easement
extensions can still be accomplished with the remaining 10
foot width easement. It was noted that there are no utilities
located within the easement at this time.
JENNINGS/FIGLEy.... accept the easement from the smith's and
relinquish a portion of an existing easement within Senecal
Estates Subdivision. The motion passed unanimously.
REAFFIRMATION OF YOUTH SERVICES TEAK COMKITMENT.
Chief Wright's memo outlined the city's involvement with the
YST Program over the last 24 years. He recommended
continuation of the City'S involvement in the program and
authorization to sign the North Marion County Youth Services
Team Memorandum of Agreement.
JENNINGS/FIGLEy.... continue the City'S association and
involvement with the YST program and authorize the signing of
the agreement. The motion passed unanimously.
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AUTHORIZATION TO PROCEED WITH COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING APPLICATION PROCESS.
Staff requested Council authorization to proceed with the
public hearing process to receive comments from the citizens
within the community on development needs before the City
selects a project for a 1995 grant application.
FIGLEy/SIFUENTEZ.... authorize staff to proceed with the
public hearing process. The motion passed unanimously.
GRANT APPLICATION - COPS FAST.
Staff requested authorization to apply for additional police
funding under the COPS FAST grant program which is being
funded through the federal Violent Crime Control and Law
Enforcement Act of 1994.
JENNINGS/FIGLEY... Police Department be authorized to apply
for funding under the COPS FAST federal funding program. The
motion passed unanimously.
JAIL INSPECTION BY THE CITY COUNCIL.
In order to comply with state law on maintaining a temporary
holding jail facility, the City Council is required to inspect
the jail facility. As of this date, the Fire Marshall and
county Health Division have inspected the facility and
recommended improvements to the facility were completed in
September.
JENNINGS/FIGLEY... as requested, the Councilors either
individually or as a group inspect the jail facility. The
motion passed unanimously.
SOLICITATION REOUEST BY AMERICAN HEART ASSOCIATION.
Administrator Childs stated that the solicitation ordinance
requires Council action to authorize non-profit groups such as
the American Heart Association to receive permission to
canvass for funds. He recommended that the American Heart
Association, Oregon Affiliate, Inc., receive permission to
conduct a door-to-door informational and fund raising campaign
within the City from December 1-15, 1994 and from February 10-
20, 1994, and that such solicitation be confined to between
the hours of 8:00 am and 5:00 pm..
JENNINGS/FIGLEy.... request from the American Heart
Association with the conditions outlined in the
Administrator's recommendation be approved. The motion passed
unanimously.
CLAIMS FOR THE MONTH OF OCTOBER 1994.
SIFUENTEZ/GALVIN.... approve voucher checks #24795 - #25113
issued during the month of October 1994. The motion passed
unanimously.
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Rosemary Hammack, 1225 Hardcastle, reminded the Council that
she will be monitoring the progress of the Nuisance House
ordinance.
Councilor Jennings questioned the staff on the issue brought
before them from Orrin Ostrom.
Administrator Childs stated that the windows could not be
barred in a permanent manner due to fire safety reasons.
Community Development Director Goeckritz also stated that he
was under the impression that the property owner, Mr.
Lindenmuth, had taken care of this problem. After some
further discussion on this issue,
JENNINGS/FIGLEY... staff be instructed to write a letter to
the property owner of the apartment building advising him that
he will be held responsible for injuries that may occur from
his tenants being on the roof of the Museum without permission
and the city is not accepting any liability. The motion
passed unanimously.
SITE PLAR REVIEW.
(A) Specialty Polymers, Inc. (#94-20): The Planning
commission had approved a site plan for the construction of a
21,800 sq foot manufacturing warehouse and production building
to be located in the Industrial Park. No action was taken by
the Council on this site plan.
STAFP REPORTS.
(A) Dangerous Building - 347 N. Front st. (formerly Salud
Medical) -- Al Nunez, Executive Director, stated that he has
hired Mr. Luther to inspect the building as to its present
condition and to replace the visqueen that currently covers
the roof of the building.
Curt Arthur, real estate agent for Coldwell Banker, stated
that he has had the property listing for approximately 2
months and he briefly described his marketing plan. He stated
that he has been in contact with the State General Services
Dept. and does have some investors interested in a
rehabilitation project, however, he does not have anything
concrete to bring to the City as of this date. His contract
with Salud is for a 6-month period and he hopes to have the
property sold by that time.
Councilor Figley expressed her appreciation for the comments
made by Mr. Nunez and Mr. Arthur, however, she continued to
express her concern with the need for progress, and pending
action she and/or the Council might take at the first meeting
in January will be dependent upon the realtor's progress.
Al Nunez stated that he wants to get the building out of their
hands and he is willing to accept any reasonable offer.
However, he reminded the Council that the any offer is subject
to approval by the Farmers Home Administration and the Public
Health Service.
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(B) Nuisance House Ordinance - The draft ordinance was
included in the packet for Council review. It was noted that,
unless major changes are made, it could be brought back to the
Council for action at their next regular meeting.
Councilor Jennings stated that he wanted to make sure that
either this ordinance or the business registration ordinance
required the registration of rental homes (even if an owner
has only one rental unit) so that a responsible party within
the area is designated for contact.
Councilor Figley expressed similar concerns regarding the
designation of a responsible party for contact when violations
of the nuisance house ordinance occur.
Attorney Shields stated that he would pursue this concern,
however, he feels that it would be best addressed in an
ordiance separate from the nuisance house ordinance.
Chief Wright also pointed out that section 8 of the proposed
ordinance allows the court order the removal of tenants from a
chronic nuisance property and closure of property from
occupancy for a period of 30 days to 180 days and, during this
period, not allowing the landlord to lease the property which
could have quite a financial impact on loss of rental revenue.
JENNINGS/FIGLEy.... staff bring back the nuisance house
ordinance in final form at the next regular meeting. The
motion passed unanimously.
(C) Water Status Report --
Public Works Director Tiwari stated that recent test sample
failures on Settlemier Avenue have prompted chlorination of
waterlines in that area. As in the past, the samples have
tested positive for coliform but not for E. Coli or fecal
coliform bacteria. The State Health Division has been
notified of the test results and public notices are being
published as required. Major contributors to the problem
being experienced by the City is from the rain and
construction activity. He reminded the Council that the City
does not regularly chlorinate the water, however, the Council
may need to make some decision on chlorination within the next
two years.
(D) Recap of Ambulance Franchise Workshop --
Attorney ~hields will try to obtain an opinion from the
Federal government on this issue along with information from
other towns in Massachusetts that were found in violation.
Councilor Jennings stated that he felt some legal opinion is
necessary before a decision is made and that a workshop should
be held once that opinion has been reviewed by our City
Attorney.
(E) "Competitive Telecommunications" Franchise Application
Administrator Childs recently received this application from
North Willamette Telecom requesting the city to grant a
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COUHCXL KEETXNG KXNUTES
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franchise to them under ORS Chapter 759. It was noted that
this application is unrelated to the cable television
franchise application which is still pending.
JENNINGS/FIGLEy.... this application be referred to the Cable
TV Advisory Committee.
Administrator Childs stated that, upon further review of this
application by staff, it may still be necessary to obtain some
initial Council action before it is sent to the Advisory
Committee.
The motion to refer this issue to the Advisory Committee
passed unanimously.
(F) C.E.R.T./Timber Dependent Communities List --
Administrator Childs briefly stated that Woodburn has been
included on the list as a Timber Dependent Community and
federal funding (grant or loan funds) may be available on
projects submitted to Farmers Home Administration or the
Economic Development Administration. At least 130 communities
are ranked higher than Woodburn, therefore, we may not be
successful in securing any funds under this program. Three
projects presented by staff for possible funding were 1)
replacement of undersized waterline near Laurel Ave. and
Highway 99E, 2) signalization of northbound 1-5 interchange
ramps, and 3) improvement of Front street between Hardcastle
and Hwy. 214.
(G) Status Report on Library Repairs -- In a memo from
Library Director Sprauer, the repair project is close to
completion and the newly painted walls and new carpet have
given the Library a "new look". The Friends of the Library
organization is paying for some of the furnishings to be re-
upholstered. within the memo, she also reminded the public
that the JJibrary will be closed at 5: 00 pm on Wednesday,
November 23rd, and will re-open on Saturday, November 26th.
Beginning Sunday, December 4th, the Library will be open from
1:00 pm to 3:00 pm..
City Administrator Childs suggested that, following Mayor and
Council reports, the Council recess for a few minutes to
inspect the jail facility.
Councilor Jennings commended the candidates for Mayor (Len
Kelley and Nancy Kirksey) on a "clean" race that involved
discussing issues and not personalities.
Councilor Sifuentez requested the Police Department to place
the reader board that displays the speed of a vehicle on
Lincoln Street. Several residents along the street have
expressed their concerns about the speed of traffic and it is
hoped that the reader board will make motorists aware of how
fast they are going in a residential area.
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It was the consensus of the Council to recess for a few
minutes to inspect the jail. The recess began at 8:05 p.m.
and concluded at 8:12 p.m..
2064
ADJOURNMEN'l' .
JENNINGS/GALVIN.... meeting be adjourned. The motion passed
unanimously. The meeting adjourned at 8:13 p.m..
APPROVED ~ ~~
LE KELLEY, MAY R
ATTEST
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Mary ~nant, Recorder
City of Woodburn, Oregon
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