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Minutes - 11/14/1994 TAPE READING 0001 QQli 0019 0039 0055 0078 - ....,... 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 p~ge 1 - council Meeting Minutes, November 14, 1994 1f TAPE READING 0240 0268 0289 - """'" COUNCIL MEETING MINUTES November 14, 1994 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%. falJe 2 - Council Meeting Minutes, November 14, 1994 1 T}\PE READING 0380 0395 0408 -- """'" COUNCIL MEETING MINUTES November 14, 1994 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. Page 3 - Council Meeting Minutes, November 14, 1994 '11" TAPE READING 0426 0461 0470 0509 .9521 -- """" COUNCIL MEETING MINUTES November 14, 1994 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. P~ge 4 - Council Meeting Minutes, November 14, 1994 ~ TAPE READING 0557 0574 Q2ll 0695 -- """'" COUNCIL MEETING MINUTES November 14, 1994 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. Page 5 - Council Meeting Minutes, November 14, 1994 'lI" TAPE READING 1382 1400 1666 1775 - ~ COUNCIL MEETING MINUTES November 14, 1994 (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 Page 6 - Council Meeting Minutes, November 14, 1994 ". TAPE READING 1850 1927 1962 ...- ....,.." COUHCXL KEETXNG KXNUTES November 14, 1994 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. Page 7 - Council Meeting Minutes, November 14, 1994 "'" ,- ~ COUNCIL MEETING MINUTES November 14, 1994 TAPE READING 2051 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 ;1'1 I~ Mary ~nant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, November 14, 1994 'IJ'