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Agenda - 11/28/1994 .. CITY OF WOODBURN 270 MONTGOMERY STREET .... WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL NOVEMBER 28. 1994 1. ..., ~lrI[I~I'~1U 2 .," .....<< .: '..-: * . y.:.......:......:..:...:.:.....:....~..:....:: 3. __ A. B. Council Minutes of November 14, 1994. Park Board minutes of October 10, 1994. ~ ~ 4. ':,. ~~~ l~~ >~l l~~ <~J~ ~:W;.'h.h\~V.{ ~;;h\ ~i8. PRESENTATION: LOC Safety Award: Councilor Hagenauer APPOINTMENTS: Councilor - Ward I: Mr. Fred Kasachev. ANNOUNCEMENTS: 1 . Transportation Task Force December 1, 1994 - 12:00 Noon at City Hall 4A PROCLAMATIONS 5. A. Chamber of Commerce B. Other Committees 6. -.. .. . '. .," '.. . .. . . ..'I' ",". .. .. ., ... . . . . . .... .' ... . . .... . . . A. Written 7. (This allows public to introduce items for Council consideration not already scheduled on the agenda.) 8._ 9. tll1ttW.tltlll1 10. ~I:,.".j".''''_';''': ....... Mi... .~.Miit~lh.,.:J:I~, . B. C. Council Bill No. 1591 - An ordinance defining chronic nuisance property. "No Parking" request on Wilson Street east of Hawley Street. Acceptance of utility easements - Stacy Allison north boundary. .li2A 1M 1QC. A. 11. ~.':::~B"'~IIf.W4r:JtJE4I~' ..u~L.;~I.,.w.,,~...w.J!9w.. 12. _~_ Page 1 - Woodburn City Council Agenda of November 28, 1994. .. 13. _'>.Ir..,'fr"~'" .. ..,. ... Ii " :..>.,: :$.: I.. v...... .................................................................N.v.t'o"... 14. -. " .. .'. ..:- ',,", . . .' ," ,". :0':. . '. . .' . .... A. SPR 94-21 Chemeketa Community College - Placement of temporary modular unit. 15. _II'. A. Board/Committee Positions. B. Water Update. C. Status report on Settlemier Avenue overlay project. D. Status report on Country Club Road realignment. E. Status report on railroad crossing improvement. F. Library project finalization and open house. G. Police Academy - Officer graduation. H. 1995-96 City budget calendar. I. Preliminary election results. 16. .i..~.~ ~ ;f}..:.. l..p~ > .!;~. ~.~,~ .' ;~~~?.i 17. ..__ ORS 192.660(1)(i) A. Administrator Evaluation and Compensation 18. ___ Page 2 - Woodburn City Council Agenda of November 28, 1994. .~ 14A 1M liIi ~ llIl 1lE liE ll.G liti ill TAPE READING 0001 0012 0019 0039 0055 0078 3A COUNCIL MEETING MINUTES November 14, 1994 DATE. COUNCIL CHAMBERS, CITY BALL, CITY 01' WOODBURN, COUNTY OF KARION, STATE OF OREGON, NOVEKBER 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 COMKERCE 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 Paga1 - Council Meeting Minutes, November 14, 1994 3A COUNCIL MEETING MINUTES November 14, 1994 TAPE READING 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 V. S. WEST INSTALLATION IMAINTENANCE AGREEMENT FOR 9-1-1 COMKUNICATIONS 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. 0268 COUNCIL BILL 1590 - RESOLUTION AUTHORIZING TRANSFER OF OPERATING CONTINGENCY FtJNDS. Councilor Haqenauer 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. 0289 CONTRACT AWARD - AOUATZC CENTER CONSTRUCTZON. 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%. Page 2 - Council Meeting Minutes, November 14, 1994 3A COUNCIL MEETING MINUTES November 14, 1994 TAPE READING 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 ~o., 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 swimminq 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. 0380 CONTRACT AWARD - DUCTILE IRON PIPE AND FITTINGS. Bids were received from the followinq 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 & Supp~y 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. 0395 UTILITY EASEMENT 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. 0408 REAPPIRKATION 01' YOUTH SERVICES TEAK COMMITMENT. Chief Wright's memo out1ined the city's invo1vement 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 .~ 3A COUNCIL MEETING MINUTES November 14, 1994 TAPE READING ~ 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. 0461 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. 0470 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 in~pected 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. Q2Q2 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. 0521 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. Page 4 - Council Meeting Minutes, November 14, 1994 ~ 3A COUNCIL MEETING MINUTES November 14, 1994 TAPE READING 0557 Rosemary Hammack, 1225 Hardcastle, reminded the Council that she will be monitoring the progress of the Nuisance House ordinance. 0574 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 PLAN 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. 0695 STAFF REPORTS. (A) Dangerous Building - 347 N. Front st. (formerly Sa1ud 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 brinq to the city as of this date. His contract with Sa1ud is for a 6-month period and he hopes to have the property sold by that time. Councilor Fiqley 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. A1 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 - 3A COUNCIL MEETING MINUTES November 14, 1994 TAPE READING (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. 1382 JENNINGS/FIGLEy.... staff bring back the nuisance house ordinance in final form at the. next regular meeting. The motion passed unanimously. 1400 (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. 1666 (D) Recap of Ambulance Franchise Workshop -- Attorney Shields 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. 1775 (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 .~ 3A COUNCXL KEETXNG KXNUTES November 14, 1994 TAPE READING franchise to them under ORB 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. 1850 (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'9f northbound 1-5 interchange ramps, and 3) improvement of Front Street between Hardcastle and Hwy. 214. 1927 (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.. 1962 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 TAPE READING 2051 2064 ATTEST 3A COUNCIL MEETING MINUTES November 14, 1994 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.. ADJ01JlUO(ENT . JENNINGS/GALVIN.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:13 p.m.. APPROVED LEN KELLEY, MAYOR Mary Tennant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, November 14, 1994 38 MINUTES WOODBURN RECREATION AND PARKS BOARD SPECIAL MEETING MONDAY, OCTOBER 10, 1994 1. CAll TO ORDER The meeting was called to order at 5:30pm by Chairman Frank Anderson. 2. ROLL CALL Members Present: Frank Anderson, Lee Ehrens, Barbara Rappelyea, Mike Rodriguez. Members Absent: Dave 00, Lazaro Ybarra and Sue FoFana Dura Staff: Nevin Holly, Director 3. Special Orders of the Day: Woodburn Memorial Aquatic Center Nevin gave a report on the progress of the Aquatic Center. He indicated the plans for the Center are complete and reviewed a copy with the Board. He told the Board that the fonnal bid opening was scheduled for Thursday, October 27th at 2:00pm in the Council Chambers. The Board was excited about the final plans and the upcoming construction of the new pool. Chainnan Anderson announced that he would be appointing committees to explore job descriptions for aquatic managers, and program and pricing schedules of various pools in the area. Nevin explained the process of hiring the new manager to the Board. The process would be: the committee would screen applications, from the screening 8 to 10 individuals would be selected as finalists. The committee will interview the finalists and rank them. Nevin then explained that at this point he would make a decision which generally comes from the top 3 candidates, based on their ratings and on reference checks which are done at this time. Nevin stated that our new manager would probably be hired sometime between May 15 and June 15, 1995, depending on the progress of the pool. Centennial Park Nevin reported that Centennial Park has completed its tiling project. The tile was installed by Hostetler Tiling and the cost of the tiling installation was paid for by an anonymous donor. The Marines have completed the initial grading of the access road and the parking lot. Another weekend of work by the Marine Corps is scheduled for October 14, 15 and 16th. 4. ADJOURNMENT Lee Ehrens moved to adjourn at 6:20pm. 4A November 21. 1994 APPOINTMENT TO FIIL VACANCY IN WARD 1 From: Mayor Len Kelley To: City Councilors, Wards 2, 3, 4, 5, and 6. Pursuant to the City Charter, Chapter vn, and City Ordinance Number 1971, Chapter 3.A(2), I hereby with pleasure submit this appointment for Councilman of Ward 1. Mr. Fred Kasachev. Born in Woodburn, Oregon 29 years ago. Resides at and owns 189 Willow Street, Woodburn, Oregon since 1987. He is self-employed in wood products trucking since 1987. Fred has two children ages 10 years and 6 years. .0/ A'~ ca:~lleY. MaYQ 10A City of Woodburn Police D artment MEMORANDUM Woodburn, Oregon 97071 (503) 982-2345 Date: November 18, 1994 To: Mayor and Council Thru: C. Childs, City Administrator Subject: Chronic Nuisance Property Ordinance The Chronic Nuisance Property Ordinance was presented, in draft form, to the council at the November 14, 1994 meeting. This piece of legislation is the work of the police/community committee established from the Community Gang Forums. Staff has provided 40-60 hours developing this Ordinance. This ordinance is intended to hold property owners, managers and tenants responsible for incidents related to the properties in question that disrupt the neighborhood. Numerous other cities have a' similar ordinances and have used them successfully. It was not intended for this ordinance to be tied to, or affiliated with, any other city ordinance. I feel that to do so could possibly jeopardize the nuisance property ordinance effectiveness. I would emphasize, again, the effect this ordinance will have. Should there be three predicate offenses occurring within a sixty day period, the city will move to close the property. This could have a great economic impact upon the property owner. The city will clear the premises, and secure the premises from use for the period of time between 60 and 180 days. The ordinance does provide opportunity for the Police Chief and the property owner to attempt to mitigate any issues or problems, however, this is not mandatory. Recommendation: Approve the Chronic Nuisance Property Ordinance as presented with emergency clause. B:\nuis-ord.fnl 10A COUNCXL BXLL NO. ORDXNAHCB NO. All ORDXNAHCB DBI'XIIJ:NG CBROIIJ:C BUXSAIlCB PROPERTY, BSTABLZSHXNG CBRTUM RBGULATXONS TJlERBOP, AND DBCLARXNG All EKBRGBNCY. 1fHBRBAS, because of chronic unlawful activity on them, certain properties within the city of Woodburn can create unreasonable disruptions to the neighborhoods where the properties are located; and 1fHBRBAS, as a result of this activity upon these properties they become chronic nuisances to surrounding property owners and degrade neighborhoods; and WHBRBAS, existing state criminal statutes and city ordinances are inadequate to address, control, or remedy the denigration that results from the chronic unlawful activity occurring on these properties; and WHERBAS, civil regulation of these properties will provide a remedy to the problems caused by these chronic behaviors and will promote and protect the public health, safety and welfare; and WHERBAS, the City has authority by virtue of its legislative and home rule authority to regulate both the conduct and the structures that are the locales of.this conduct; NOW, THEREFORE, THB CITY OP WOODBURN ORDAINS AS POLLOWS: Section 1. Ti tIe. This ordinance shall be known as the "Chronic Nuisance Property Ordinance." Section 2. XncorDoration of state Statute. Any reference to state statute incorporated into this ordinance refers to the statute in effect on the effective date of this ordinance. Section 3. Definitions. following definitions apply. (A) "Chief of Police" means the Chief of the Woodburn Police Department or his or her designee. As used in this ordinance, the (B) "City Administrator" means the City Administrator of the city of Woodburn or his or her designee. eC) "Chronic Nuisance Property" means property upon which three or more distinct occurrences of any of the below listed behaviors occur, or whose patrons, employees, residents, owners or occupants engage in three or more of the below listed behaviors Page 1 - Council Bill No. 1591 Ordinance No. 10A within 400 feet of the property following acts or behaviors during any 60 day period: (1) Criminal homicide as defined in ORB 163.005 or any type of attempted criminal homicide; (2) Rape in the First Degree as defined in ORB 163.375; (3) Menacing as defined in ORS 163.190; (4) Intimidation as defined 166.165; in ORS 166.155 to ORS (5) Harassment as defined in ORB 166.065; (6) Disorderly Conduct as defined in ORS 166.025; (7) Discharge of Weapons as defined in section 5, Woodburn City Ordinance 1900; (8) Unnecessary Noise as defined in section 3, Woodburn city Ordinance 1900; (9) Drinking in Public Places as defined in section 1, Woodburn City Ordinance 1900; (10) Minor in Possession of Alcohol as defined in ORS 471.430; (11) Assault 163.175, as defined in ORS or 163.185; 163.160, 163.165, (12) Sexual Abuse as defined in ORS 163.415 to ORS 163.427; (13) Public Indecency as defined in ORS 163.465; (14) Public Indecency as defined in section 2, Woodburn City Ordinance 1900; (15) Criminal Trespass as defined in ORS 164.245; (16) criminal Mischief as defined in ORS 164.345 to ORB 164.365 (17) Unlawful Use of a Weapon as defined in ORB 166.220. (D) "Owner" means the person or persons having legal or equitable title to the property. Page 2 - Council Bill No. 1591 Ordinance No. 10A (E) "Property" means any real property including land and that which is affixed, incidental or appurtenant to land, including but not limited to any premises, room. apartment, house, building or structure or any separate part or portion thereof, whether permanent or not. (F) "Responsible party" includes each of the following: (1) The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; or (2) The person occupying the property, including a bailee, lessee, tenant or other person having possession. section 4. Chronic NUisance Prooerty. (A) The acts or omissions described herein are hereby declared to be public nuisances of the sort that commonly recur in relation to a given property, thereby requiring the remedies set out in this ordinance. (B) Any property within the City of Woodburn which becomes chronic nuisance property is in violation of this ordinance and subject to its remedies. (C) Any person who is a responsible party for property which becomes a chronic nuisance property shall be in violation of this ordinance and Subject to its remedies. section 5. Prefilina Notification Procedure. After two occurrences of any of the acts or behaviors listed in section 3(C) of this ordinance within a 60-day period, the Chief of Police shall provide notification via certified mail, stating the times and places of the alleged occurrences and the potential liability for violation of this ordinance, to all responsible parties for the property. Responsible parties for a given property shall be presumed from the following: (A) The owner and the owner's agent, as shown on the tax rolls of Marion County. (B) The resident of the property, as shown on the records of the City of Woodburn Water Department. section s. Comoliance Aareement with Resoonsible Parties. (A) After providing notification to all responsible parties as provided in section 5 above, the Chief of Police has the Page 3 - Council Bill No. 1591 Ordinance No. 10A authority to obtain, on behalf of the city, voluntary agreements to comply with the provisions of this ordinance. Such compliance agreements shall be in written form and signed by all responsible parties. The Chief of Police shall sign said agreements on behalf of the city and provide copies thereof to the City Administrator. (B) In proposing and signing compliance agreements under this section, the Chief Df Police shall consider the criteria outlined in section 9 (B) below. (C) This section is strictly remedial in nature and shall not be interpreted to limit in any manner the authority of the city to commence an action against any responsible party for a violation of this ordinance, as provided below. seotion 7. Commenoement of Aotions: Summon and ComDlaint. (A) Except as otherwise noted, the procedures to be used in processing an infraction under this ordinance are contained in Ordinance 1998, the civil Infraction Ordinance. (B) subject to the limitations of Ordinance 1998, a default judgment may be entered against a respondent who fails to appear at the scheduled hearing. Upon such judgment, the court may prescribe the remedies described in the ordinance. seotion 8. Remedies. (A) Upon finding that the respondent has violated this ordinance, the court may: ( 1) Require that the closed and secured for a period of not 180 days; and/or (2) Assess a civil infraction penal ty not to exceed $500.00; and/or chronic nuisance property be against all use and occupancy less than 30, but not more than (3) Employ any other remedy deemed by the court to be appropriate to abate the nuisance. (B) In lieu of closure of the property pursuant to Subsection (A) of this section, the respondent may file a bond acceptable to the court. Such bond shall be in an amount of at least $500 and shall be conditioned upon the non-recurrence of any of the acts or behaviors listed at section 3(C) of this ordinance for a period of one year after the judgment. Acceptance of the bond described herein is further subj ect to the court's satisfaction of the respondent's good faith commitment to abatement of the nuisance. Page 4 - Council Bill No. 1591 Ordinance No. 10A Section 9. Defenses: Mitiaation of civil Penaltv. (A) It is a defense to an action brought pursuant to this ordinance that the responsible party at the time in question could not, in the exercise of reasonable care or diligence, determine that the property had become chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the finding that the property is chronic property. However it is no defense under this subsection that the party was not at the property at the time of the incidents leading to the chronic nuisance situation. (B) In implementing the remedies described in this ordinance, the court may consider any of the following factors, as they may be appropriate, and shall cite those found applicable: (1) The actions taken by the owner(s) to mitigate or correct the problem at the property; (2) Whether the problem at the property was repeated or continuous; (3) The magnitude or gravity of the problem; (4) The cooperativeness of the owner(s) with the City in remedying the problem; (5) The cost to the' city of investigating and correcting or attempting to correct the condition; (6) Any other factor deemed by the court to be relevant. Section 10. Closure Durina Pendency of Action: Emeraencv Closures. In addition to any other remedy available to the City under this ordinance, in the event that the City Administrator finds that a property constitutes an immediate threat to the public safety and welfare, the City may apply to any court of competent jurisdiction for such interim relief as is deemed to be appropriate. Section 11. Penal tv. Enforcement of Closure Order: Costs: civil (A) The court may authorize the City to physically secure the property against use or occupancy in the event that the owner(s) fail to do so within the time specified by the court. (B) The court may assess on the property owner the following costs incurred by the City in effecting a closure of property: Page 5 - Council Bill No. 1591 Ordinance No. 10A ( (1) Costs incurred in actually physically securing the property against use; Police department investigative costs; Administrative costs and attorneys fees in bringing the action for violation of this ordinance. (2) (3) (C) The City Administrator may, within 14 days of written decision by the court, submit a signed and detailed statement of costs to the court for its review. If no obj ection to the statement is made within the period prescribed by Oregon Rule of civil Procedure 67, a copy of the statement, including a legal description of the property shall be forwarded to the office of the City Recorder who thereafter shall enter the same in the City'S lien docket. (D) Persons assessed the costs of closure and/or civil penalty pursuant to this ordinance shall be jointly and severally liable for the payment thereof to the City. section 12. Attorney Pees. In any action brought pursuant to this ordinance, the court may, in its discretion, award reasonable attorneys fees to the prevailing party. Section 13. Severability. If any provision of this ordinance, or its application to any person or circumstance, is held to be invalid for any reason, the remainder of the ordinance, or the application of its provisions to other persons or circumstances, shall not in any way be affected. Section 14. Nonexclusive RemedY. The remedy described in this ordinance shall not be the exclusive remedy of the City for the acts and behaviors described in Section 3(C). Section 15. Emeraency Clause. Because the City Council finds that repeated disruptive behavior on certain properties is causing a threat to public health, safety and welfare, and that such behavior requires an immediate response, said Council hereby declares that an emergency exists and that this ordinance shall be effective upon passage. /1/2Z/'1+ I I Date :\/YV1~-- ~ ~ Approved as to form: V I. j/:'- """"~- ) city Attorney APPROVED: Len Kelley, Mayor Passed by the Council Page 6 - Council Bill No. 1591 Ordinance No. 108 MEMO TO: City Administrator for Council Action THROUGH: Public Works Director ~ltS SUBJECI': Julie Moore, C.B. Tech ill ~ Wilson Street NO PARKING request, east of Hawley FROM: DATE: November 22, 1994 RFrOMMRNDATION: It is recommended that Council approve a NO PARKING zone on the south side of Wilson Street, from Hawley Street east to the entrance of the Britewood Apartments and on the north side from Hawley St. east approximately 70 ft. (NOTE: This will improve safety and allow for easier access to the fifty units at Britewood. Wilson Street is improved as a half street with a 22 ft. paved width. Once Wilson St. is improved to a full width street, then the no parking issue will need to be readdressed.) BACKGROUND: Complaints have been made regarding vehicles being parked on Wilson Street, east of Hawley Street for extended lengths of time. This section of Wilson Street is used to access the back part of Britewood Apartments and vehicles parked along the street cause congestion and could affect the accessibility for emergency vehicles. Wilson St. is a half-street with a 30 ft. right-of-way and 22 ft. paved width. There is an extruded curb and a chain link fence on the south side and a standard curb and sidewalk on the north side. At this time there are no signs on either side of the street. The Transportation and Traffic Engineering Handbook suggests that parking should be restricted on one side if the street width is less than 30 feet and on both sides if the street width is less than 20 feet. The Fire Department states the Uniform Fire Code (UFC 10.204(a)) requires a minimum 20 ft. access way and they would encourage this minimum standard be retained around multiple story buildings, if possible, because of the area required to set up a ladder truck. Therefore, it is recommended that approval be made for a NO PARKING zone to be established on the south side of Wilson Street, from Hawley Street east to the entrance of Britewood Apartments and on the north side from Hawley St. east approximately 70 ft. This will improve safety and allow for easier access from Hawley St. When in the future Wilson Street is improved to a full width street, then this no parking issue will need to be readdressed. / I j o i i / i / I I 1",,- I / ........ / / I /............... / ' / ......... ......, . ....., , LcbEND 10B ............ / / / I I /, I' '...... / o t N / "" BAITEWOOO APARTMENTS 63 UNITS I il/ ,I ./' ....,.~ i ./ I / / / / " " ........ ..........., " ..... " '....... . . . . N 0 ~ A-R~\ t-lG- . 1-0 '(\e.. -x--- ~ltJ Lt~~ ,~~c.6' ................... " ....... ............ .............. / ........ J "., '..... " ...... 1 " 2A Jq LJ .. / 10C MEMO TO: City Council through City Administrator FROM: Dean Morrison, Assistant City Engineer ~ SUBJECT: Acceptance of utility easements contiguous to Stacy Allison's north boundary DATE: November 17, 1994 RECOMMENDATION: That the Woodburn City Council accept the utility easement duly signed by the property owner and received by the city. BACKGROUND: This easement is located on the south side of said properties 10 feet in width, and will be used for utilities, especially for street lighting purposes. List of signed easements: 1. CTF Developement (Tax # 44072-005 ) I I I~ &,0 ., , , :7 ~' - .'. - ., 'I r 1J~ C,T.F V 44072-005 . .( N~l5'O~o) { -.-. ... .-.'~ uj - z .' ~ - w - w z " - cr 0: - (!J ~ cr ~ 5 - - ~ ,-" 0 - . z " --- ... =- ~03030_ -. II I " I - I -' , I I , I. --'.....-.--" - -- r 10:-' ~, I ." - ~ - ---~------ A:ST ACY .UTL UTILITY EASEMENT 10C KNOW ALL MEN BY THESE PRESENTS, that C T F DEVELOPMENT (AN OREGON PARTNERSHIPI. for the consideration of One Dollar ($1.001 and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marlon County, Oregon referred to herein as the CITY, a permanent right-of-way and easement over and along the full width and length of the premises described as follows, to wit: A Public utility easement, located in Section 12 Township 5 South, Range 2 West, Willamette Meridian, Partition Plat 1992-24 In the City of Woodburn, Marion County, Oregon; said easement to be 10 feet In width and .more particularly described as follows. A 10 foot strip of Ian~ along and contlgouous to the Southerly line of Parcel #3, Partition Plat 1992-24, tax lot , 44072-OO5~ Beginning at the South-east corner of said Parcel; thence North 88052'10. West 771.01 feet; thence North 35054'18. East 12.17 feet; thence South 88052'10. East 764.07 feet; thence South 01 "09'41. West 1 0 feet more or less to the end. With the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, a UTILITY pipeline, pipelines, or lighting with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such UTILITY facility is constructed, maintained, replaced, reconstructed or removed. or added to, restore the premises of the Grantors, and any improvements disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. '" THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways, driveways, f1I? planting, and related purposes, and all UTILITY facilities ~II be at a depth consistent with these purposes. ~ EXCEPTION: No structure shall be placed within the easement, or within 450 projection upward from the bottom of the pipe. Accepted by the Woodburn City Council on ,1994 Mary Tennant, City Recorder City of Woodburn, Oregon STATE OF OREGON ) )SS COUNTY OF MARION ) On this theA' r.4davof ~"..s -:/.. ,1994, before me a Notary Public in and for the County and State personally appeared. . known to me to be the same person(s) whose names are subscribed to the within instrument and acknowledged that they voluntarily executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~,a:~.hfD~~j/ NOTARY PUBLIC ....-:' OFFICIAL SEAL _ F.OIT"" M. BRIGGS NUT': 'y.: I JEiUC - OREGON ("-''''''''.".ON NO l.'23023 MY COMMISSICN EXPIRES MA Y 16. 1997 My Commission Expires: J-y ~ /1'77' elf .UTL 14A MEMO TO: Mayor and City Council through City Administrator FROM: Woodburn Planning Commission <":it-Co SUBJECT: SPR 94-21 Chemeketa Community College DATE: November 22, 1994 At their November 10, 1994 meeting, the Woodburn Planning Commission acknowledged the Planning Directors administrative approval for Chemeketa Community College to locate a 952 square foot modular classroom and build a parking lot on their campus located at 120 E. Lincoln Street. See attached site plan. The modular unit is only "temporary". The Commission has required the placement will be reviewed on an annual basis. The Commission would like to see a more permanent structure on that site sometime in the future. .' . Ii- .'. ~...... 14A .. ~. 15A MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator fAt,V SUBJ.: Board/Committee Positions DATE: November 17, 1994 The following positions on various city boards and committees are due to expire on December 31, 1994 (names of position incumbents are shown in parentheses): Budget Committee: Position 4 (Mary Schultz) Position 5 (Flurry Stone) Planning Commission: Position 7 (Richard Pugh) Position 9 (Maxie Henkes) Recreation & Park Board: Position III (Sue Fofana-Dura) Position IV (Michael Rodriguez) Position V (Frank Anderson) Library Board: Position I (Dorothy Jaeger) Position II (Gloria Predeek) Cable TV Advisorv Board: Position 1 (Cindy Graham) Position 2 (James Green) Position 3 (Dexter Elliott) There may also be other vacancies, due to resignations, etc., of which I am not aware of at this writing. MEMO 158 TO: FROM: City Council through the City Administrator Public Works Program Manager 4 ~ Water Update SUBJECT: DATE: November 22, 1994 Water test results received November 21, 1994 were all negative except for one house on Settlemier. The area around this house and the home itself will be chlorinated on November 22, 1994 and retested on November 23, 1994. These results will be available at the November 28, 1994 council meeting. The city will mail one notice to residents to cover both recent coliform MCL violations. This combination was concurred with by the State Health Division. It is anticipated that the notice will reach city residents by December 9, 1994. Regular monthly tests run in other areas of the city have all shown negative results. The water division will be flushing lines throughout the city. It is possible that a regular flushing program will help reduce the number of these coliform positive results. The lines have not been regularly flushed the past two years and this may have contributed to the recent positive samples. Positive samples DID NOT contain any of the more serious fecal coliform or E. Coli bacteria. At this time, there are no actions required of Woodburn residents. RR:lg WTRUPDT.CC 15C MEMO TO: FROM: City Administrator for Council Information P). Randy Scott, CE Tech III, through Public Works Director '- SUBJECT: Settlemier Av~nue Overlay, Contract Extension DATE: November 18, 1994 Current weather conditions have delayed the completion of the above referenced project. A leveling course of asphaltic concrete has been placed over the existing surface. To complete the project, a final finish course must be placed over this leveling course. Due to moisture and low road surface temperatures, staff has delayed and will continue to delay the placement of the final course until weather conditions improve. The contractor is in agreement with the delay and the extension of the contract. Certain temporary improvements will be made to the intersections and related areas to provide for the longer duration in regard to traffic. RS:lg SETTlE.EXT 150 MEMO FROM: City Administrator for Council Information .-( Randy Scott, CE Tech III, through Public Works Director V') I TO: SUBJECT: Project Status; Country Club Road Realignment DATE: November 22, 1994 The contract for this project has been properly signed and all bonding! insurance requirements have been provided by the contractor. The contractor has submitted shop drawings for the pole and mast arms to the Oregon Department of Transportation and will be ordered upon approval. As anticipated and previously brought to the council's attention, supply constraints for certain traffic control devices will delay project onset. The proposed project start up will be after Christmas, around the middle or end of January, contingent on weather conditions. Staff, at this time, is working with the contractor to expedite submittal approvals for these devices through the Oregon Department of Transportation. Staff will continue to apprise council of any further developments regarding this project. RS:lg CCRDSTA.TUS 15E MEMO TO: FROM: City Council through City Administrator ~ Public Works Program Manager 4 Railroad Crossing Construction Update SUBJECT: DATE: November 22, 1994 The City is still awaiting a specific start date from Southern Pacific for when their crews will install the rubberized crossing at Young Street. Regular contact has been made with the railroads project coordinator in San Francisco but we have been unable to obtain a time that they will do the work. The crossing will be closed for approximately one week and the city will ensure that adequate notice is given when we obtain a start date. The work to be done on Highway 9SE crossing near Cleveland Street has been delayed until spring. The City will also continue to check on the status of this project since changes are possible. rrxing.vng RR:bw WOODBURN PUBLIC LIBRARY 15F 280 GARFIELD STREET WOODBURN, OREGON 97071-4698 503-982-5252/5263 OR FAX: 503-982-5258 MEMORANDUM TO: FROM: Mayor and City Councilors through Chris Childs, City Administrat~~ Linda Sprauer, Library Direct~ November 23, 1994 DA TE: RE: STAFF REPORT The repair project is almost finished. The new carpeting looks wonderful and the newly painted walls are dean and add so much light to the interior of the building. Please stop by and see our new look. The chairs still need to be re-upholstered and the Friends of the Library organization is paying to have some of them done. Stop in to see our new "LOOK". Just a reminder -- Beginning Sunday,' December 4th the library will be open from 1 PM to 4 PM. Also, please mark your calendar - there will be an nOpen House" with a Christmas holiday theme at the library for the Mayor and City Councilors, members of Boards and Commissions, City Staff and Library Volunteers on Thursday, December 15, 1994 at 6:30 PM. We hope you will be able to join us. Linda Sprauer, Director ................... 982-5259 Donna Melendez, Cataloging & Reference ..... 982-5257 Judy Brunkal, Reference & Interlibrary Loan .... 982-5254 Nicolette Wonacott, Circulation & Long Loans ... 982-5262 Maureen Smith, Youth Services ............. 982-5260 15G City of Woodburn Police Department MEMORANDUM 270 Montgom/:~~~l Ken Wt1,g~~~~--~//' Chief o~,Pol*.~_/// ',u .......--- Woodburn, Oregon 97071 (503) 982-2345 Date: November 17, 1994 To: Mayor and Council Thru: C. Childs, City Administrator Subject: Police Academy - Officer Graduation Officers Jim Don and Jessie Rios will be graduating from the Oregon Police Basic Academy Friday, December 9, 1994 at 11 a.m.. Officers Don and Rios were hired in August and began their academy training October 17,1994. Upon graduation they will return to the Police department to begin their careers as Woodburn Police Officers. Officer Don is married, has two Children, has completed six years with the United States Army and is bi-lingual French and Russian. Officer Rios is married, has one child, has" been working in private profession security for the past 10 yrs and is bilingual spanish and english. I believe you will find that both officers will compliment the police department and will be great assets to the city. With the hiring of both Officers Don and Rios the police department will be staffed at the 1991 level, pre-measure 5, of 22 sworn personnel. I would invite the Council or individual members of the council to join me in attending the graduation ceremonies at the Oregon Police Academy located on the campus of Western Oregon State College in Monmonth. I will be leaving Woodburn at approximately 10 a.m. and returning at approximately I p.rn.. If you will be riding over with me please contact me. B:\grdancmt.mem 'lbH MEMO FROM: Mayor and City Council Chris Childs, City Administrator (M,e" TO: SUBJ.: f.Y.I. - 1995-96 City Budget Calend.m: DATE: November 18, 1994 Attached is a copy of the tentative timetable/calendar for preparation of the city's F.Y. 1995-96 budget. You will note immediately that the process has been moved back by a couple of months, such that the budget committee deliberations will take place in March/April. Due to the passage of the updated city tax base, and elimination of the need for a spring one-year operating levy election, we have far fewer statutory deadlines to contend with which, in previous years, have usually dictated that the budget committee's work had to be completed in February. Among other things, this scheduling change will potentially allow for more accurate year-end expense/revenue projections, simply because we are making those projections 4-5 months in advance of the fiscal year end instead of 6-7 months In advance.' 15H ... I II ... BUDGET CALENDAR Fiscal Year 1995-96 )ATES STEPS )ecember 1994 City Administrator Participates in county-wide tax coordination process anuary 20, 1995 Department Heads Budget information be submitted to City Administrator for review ~ebruary 13, 1995 City Administrator Submit budget information to Finance Office .ebruary 22, 1995 City Recorder Publish notice of public hearing at least 8 days nor more than 14 days before public hearing date .{arch 6, 1995 - ~prilI4, 1995 Budget Committee The Committee holds public hearing, hears City Administrator's budget message, and f. receives explanation of budget document. .fay 3, 1995 Budget Published First notice of public hearing before the Council is given not more than 25 days or less than 15 days before the hearing date (complete summary of Budget Committee's adopted estimated requirements) .fay 10, 1995 Second Notice Published not more than 14 days or less than 8 days before the hearing date .fay 22, 1995 City Council Holds public hearing on budget as published. une 26, 1995 City Council Adopts budget ordinance before the start of the new fiscal year. 101 HEMO TO: Kayor and city council THROUGH: City Administrator Childs FROM . Mary Tennant . City Recorder DATE . November 22, 1994 . As of this date, the unofficial tally of votes are as follows: MAYOR COUNCILOR WARD III Nancy Kirksey Len Kelley 2,634 1,768 Don Hagenauer Robert Allen 254 164 Lydia Mary Chadwick 459 COUNCILOR WARD V Kathy Figley Theolyn (Lynn) Martin 525 311 COUNCILOR WARD IV -- CITY TAX BASE MEAS.URE -- YES VOTES NO VOTES 2,253 2,125 The County is required to provide a final tally of votes on November 28, 1994. In my discussions with county Elections staff members today, there were only 19 challenge votes outstanding (county-wide), therefore, any changes to the final tally would not affect the current ontcome of the candidate positions or tax base measure.