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Minutes - 10/11/1993 TAPE READING 0001 0003 0022 0018 0042 0068 - ,- ..-. COUNCIL MEETING MINUTES October 11, 1993 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 11, 1993. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kelley Figley Galvin Hagenauer Jennings Mitchell Sifuentez Present Present Present Absent Absent Present Present staff Present: City Administrator Childs, city Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Finance Director Gritta, Park Director Holly, Library Director Sprauer, Police Chief Wright, Public Works Manager Rohman, City Recorder Tennant MINUTES. FIGLEy/MITCHELL.... the Council minutes of September 27, 1993 be approved; the Library Board minutes of September 22, 1993 and the Planning Commission minutes of September 23, 1993 be accepted. The motion passed unanimously. PRESENTATION - CHAMBER OF COMMERCE DONATION. Susan King, representing the Chamber Board, presented a check to Park Director Holly to be used towards the Centennial Park project. The Board had agreed to donate their net proceeds from the annual auction to this project. Park Director Holly expressed his gratitude to the Chamber for their generosity in contributing to a much needed park facility. ANNOUNCEMENTS - UPCOMING MEETING DATES. The Woodburn Cable TV Access Committee will meet on October 13, 1993 at Woodburn City Hall. A Special Council Meeting has been scheduled for Monday, October 18, 1993, 7:00 p.m., for the purpose of holding an executive session to discuss negotiations for a real property transaction. The Woodburn Wastewater Advisory Committee will meet on Tuesday, October 19th, 7:00 p.m., at Woodburn City Hall. Page 1 - Council Meeting Minutes, October 11, 1993 J TAPE READING 0091 0104 0150 0275 0421 - -'- .--. COUNCIL MEETING MINUTES October 11, 1993 CHAMBER OF COMMERCE REPORT. Susan King reminded the Council of the October 26th tour sponsored by the Chamber which will visit the City's Wastewater Treatment Plant facility and the Parks & Recreation Department. Dinner will be served at the Community Center following the tour. WOODBURN COMEBACK CAMPAIGN REPORT. Councilor Figley stated that their organization sponsored a fall clean-up in the downtown area last Saturday. She expressed her appreciation to those individuals who participated in the event. WASTEWATER ADVISORY COMMITTEE REPORT. Councilor Mitchell, Committee Chairman, read a report to the Council outlining major questions that need to be addressed by the City within the next few months. Areas of concern include growth within the community, regional planning, and construction of a new plant within five years of the State's adoption of pollution limits for Pudding River. Additionally, fourteen entities within the Pudding River Basin have formed a consortium to fund a study which would address the problems of sludge disposal, septic tank waste treatment, and the hiring of laboratory personnel. He invited the Council and members of the public to attend the Committee meetings which are held on the third Tuesday of each month at 7:00 p.m. in the Council Chambers. Preston Tack, 2197 Camilla Way, read a letter into the record expressing his opinion that the government should consider the formation of a migrant worker management program that would give migrant workers who have legally entered the United States the opportunity to have inter-regional ties for the purpose of longer term employment. He also objected to the current living conditions of some migrant workers and suggested that the government become more involved in locating sites for portable housing, class rooms, and clinics. Additionally, any costs incurred for this type of program be paid for by the employers involved rather than subsidized by the government. He stated that he has sent letters to our State and Federal Congressional leaders on this issue and he suggested that the Citizen's Review Commission could also address this issue with their findings being submitted to the Council which, in turn, can be used to pursue state and federal legislation. Randy Scott, AFSCME Local 642 representative, expressed his concern with the status of the current labor negotiations. He read a letter to the Council which had been signed by the membership requesting Council assistance in concluding the Page 2 - Council Meeting Minutes, October 11, 1993 ... TAPE READING 0650 0818 --- -..... ---- COUNCIL MEETING MINUTES October 11, 1993 negotiations within a reasonable period of time. He stated that the Union had accepted the Factfinder's report which was similar to the benefits currently provided to non-union employees. Even though the Factfinder suggested a wage study for female positions, this would be at the expense of the Union. In attendance at the meeting were a majority of the Union members. Dick Melis briefly discussed his grievances with the Council regarding the Municipal Court and Judge. In regards to the Court, he felt a written apology was due to his wife since she had received a postcard advising her of a delinquent payment amount when she had already paid her fines. Regarding Judge Zyryanoff, he stated that his wife had received a Improper Use of Seat Belt citation and had subsequently gone to her doctor to receive a written excuse based on the JUdge's statement that the citation would be dismissed if the document was obtained. Last week, she provided the Judge with the document, however, the Judge stated that she did not remember making the statement and would not dismiss the citation. Mayor Kelley stated that he had spoken with Mrs. Melis on Thursday and had advised her at that time that she would get a response. He reassured Mr. Melis that a response was forthcoming from the City. CONTINUATION OF PUBLIC HEARING - DANGEROUS BUILDING AT 347 N. FRONT STREET (SALUD MEDICAL CLINIC). The Mayor continued the public hearing at 7:31 p.m.. Al Nunez, Executive Director for Salud, stated that the clinic has been trying to secure a Public Health Service grant for land and a new building. It is Salud's intent not to rehabilitate the structure located at 347 N. Front, however, he has spoken to the Migrant Indian Coalition regarding assistance from various agencies for application of state Economic Development Block funds to rehabilitate the site for their day-care facility. Councilor Figley stated that her main concern is to have something done with the building rather than letting it to continue to deteriorate. Councilor Mitchell questioned how structurally sound the building is and whether or not there is a need for the third story. Community Development Director Goeckritz stated that the building is safe as it now stands to people on the outside but internally the building needs rehabilitation. There has not been a thorough review of costs and it may be necessary to come back to the Council to authorize only a two-story building. However, tearing down the third-story may jeopardize the integrity of the adjoining buildings. Al Nunez agreed with Director Goeckritz's statement and added Page 3 - Council Meeting Minutes, October 11, 1993 ". TAPE READING 1460 1524 .- -.. - COUNCIL MEETING MINUTES October II, 1993 that it is possible to put the mechanical equipment on the roof of a two-story building. Rehabilitation of the building will also require that it be brought up to ADA (American with Disabilities Act) and Earthquake standards at an estimated cost of $200,000 to $300,000. Discussion was held regarding removal of the building from the dangerous building list. Director Goeckritz stated that wind shear and environmental impacts such as rain will continue to deteriorate the building over time, therefore, it should not be removed from the list. Al Nunez stated that he hoped to finish lease negotiations on a temporary site within the next 30 days and after that he is willing to try and to work with other interested agencies towards the rehabilitation of the building. He stated that he was also willing to contact FEMA (Federal Emergency Management Administration) regarding additional funding for repairs. He also expressed his willingness to keep the city updated on his progress. Mayor Kelley stated that the building cannot remain in its current condition for a long period of time and the only other alternative to rehabilitation is to demolish the building. FIGLEy/SIFUENTEZ.... continue the public hearing until the first regular meeting in November. The motion passed unanimously. CONTINUATION OF PUBLIC HEARING - DANGEROUS BUILDING AT 479 N. FRONT STREET (SMART SHOP). Mayor Kelley continued the public hearing at 7:51 p.m.. Director Goeckritz stated that the contractors have been removing the facing of the structure. Engineering plans were received last Friday and it is anticipated that they will be able to proceed with the construction within the next few days. FIGLEy/SIFUENTEZ.... continue the pUblic hearing on this building until November 8, 1993 as per staff recommendation. The motion passed unanimously. HIGHWAY 99E SIDEWALK ASSESSMENT (TABLED BUSINESS). MITCHELL/FIGLEy.... remove the Highway 99E sidewalk assessment from the table. The motion passed unanimously. Councilor Mitchell questioned if there would be any fees or penalties to the property owners if the City were to continue to delay this issue until the state has responded to the City'S concerns. Public Works Director Tiwari stated that the Department of Transportation has made an offer, however, he feels that it is in the best interest of the property owners and City to wait another two weeks so that negotiations can continue on this issue. Page 4 - Council Meeting Minutes, October 11, 1993 TAPE READING 1753 2903 ~ ~ COUNCIL MEETING MINUTES October 11, 1993 MITCHELL/FIGLEy.... table the issue until the next regular Council meeting. The motion passed unanimously. CITIZEN'S REVIEW COMMISSION REPORT (TABLED BUSINESS). MITCHELL/SIFUENTEZ.... remove this item from the table. Councilor Figley expressed her concern regarding the complexity of this issue and its potential impact since it is a policy decision. She requested that no action be taken until all 6 members of the Council are present. FIGLEY/ .... table the issue until the next regular meeting. The motion died for lack of a second. On roll call vote to remove it from the table, the vote was 2- 2 with Councilors Figley and Galvin voting nay. Mayor Kelley voted aye to pass the motion. The Council reviewed the memos from Administrator Childs and City Attorney Shields which provided background information on the formation of the commission and a legal opinion as to its continued existence. Councilor Mitchell expressed his opinion that items brought during this meeting i.e. the migrant issue and the court issue could be valid items for discussion by the commission. He also questioned the Department of Justice's position on this issue since they have not pursued additional meetings with the City. Administrator Childs stated that a legal argument can be made that the process has expired since the process arose out of a focused issued i.e. a perceived cultural police situation. Councilor Sifuentez stated that she is more concern with getting citizen involvement by having them being appointed to a commission which would address the complaints citizens may have rather than those citizens directly approaching the Councilors. She also stated that she did not want to have the Department of Justice involved in this commission. Councilor Figley disagreed with some of the statements made by other Council members citing that it is the Councilor's responsibility to hear the problems being addressed by the citizens. Mayor Kelley stated that, in his opinion, the ordinance has a much broader interpretation and he encouraged the Council to look favorably upon the appointment of the commission. Following a lengthy discussion on this issue, SIFUENTEZ/FIGLEY.... table until we have a full quorum, hopefully at the next meeting, and decide at that point how we are having this committee. Mayor Kelley also wanted to bring to the Council's attention that the Review Commission was having difficulty in getting a quorum in 1988 with the reason being that one-half of the positions were vacant. On roll call vote, the motion passed unanimously. Page 5 - Council Meeting Minutes, October 11, 1993 !If TAPE READING 2975 Tape 2 0022 0050 0139 0179 -- -. COUNCIL MEETING MINUTES October 11, 1993 COUNCIL BILL 1498 - RESOLUTION ENTERING INTO AN ADDENDUM TO A CONSULTING AGREEMENT WITH DON CAREY REGARDING THE SWIMMING POOL. Council Bill 1498 was introduced by Councilor Sifuentez. 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 3-1 with Councilor Mitchell voting nay. Mayor Kelley declared the Council Bill 1498 duly passed. COUNCIL BILL 1499 - RESOLUTION AUTHORIZING STAFF TO INVESTIGATE AND APPLY FOR FUNDS FOR THE CONSTRUCTION OF A NEW SWIMMING POOL FACILITY. Council Bill 1499 was introduced by Councilor Sifuentez. 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 3-1 with Councilor Mitchell voting nay. The Mayor declared Council Bill 1499 duly passed. Park Director Holly stated that Don Carey met with the Woodburn Together Committee today to discuss the swimming pool facility and related financing issues. The Pool Committee has also been meeting regularly on pool design and funding issues. Flurry stone stated that the Pool Committee will be meeting this Sunday evening to layout tentative schedules for promotion of a bond levy to finance the pool. Don Carey stated that the schematic design and site plan will be presented to the Council at their October 25th meeting and, if approved, the staff will then be able to apply for various grants and donations to help offset the total construction cost. CLAIMS FOR THE MONTH OF SEPTEMBER 1993. SIFUENTEZ/GALVIN.... approve voucher checks #20107 - 20467 for the month of September 1993. The motion passed unanimously. STAFF REPORTS. Replacement of Sidewalks along Hardcastle Avenue __ PUblic Works Director Tiwari stated that bids will be opened on October 20, 1993 and staff will submit a recommendation for a bid award at the October 25th meeting. McKinley Court Subdivision -- Director Goeckritz stated that the T-formation of the private drive will accommodate Fire Department vehicles. Centennial Park Status Report -- Park Director Holly stated that the Salem Marine Reserve Unit has agreed to assist the City with the Phase I development of Centennial Park beginning this fall. This will include construction of the access road, a parking lot, playground Page 6 - Council Meeting Minutes, October 11, 1993 - TAPE READING 0311 0338 0442 0453 0471 - ~ COUNCIL MEETING MINUTES October 11, 1993 area, the development of one or two ballfields. The City will be responsible for infrastructure costs while donations from the Rotary and other private donors will pay for the ballfields and playground equipment. Bill Pyle, a local resident interested in the project, stated that he has recently received confirmation from a Training Program located in Pendleton, Oregon, that they are willing to do the paving and curbing (excluding cost for materials) if the equipment can be brought over by the Marine unit. He stated that he will also be contacting local cement and gravel companies for donations or other reduced cost options to accomplish the task at minimal cost. Councilor sifuentez expressed her appreciation to ~he Swimming Pool Committee for the time they have spent in rev1ewing proposed plans and financing issues. Hopefully, the City will soon have a new pool complex. Councilor Figley also expressed her thanks to Mr. Pyle, the Marines, and the Pool Committee for their commitment to provide much needed park facilities in Woodburn. Councilor Mitchell questioned the status of the Veteran's Home issue since the time frame in which proposals can be submitted for a site will end at the end of this year. He expressed his support for this project since it provides the community with an opportunity to take care of veterans who have taken care of the United States. Mayor Kelley stated that he is still working on obtaining the land required for the facility and he is encouraged by the assistance he is receiving from local residents. EXECUTIVE SESSION. FIGLEy/SIFUENTEZ.... adjourn into executive session to conduct deliberations with persons designated by the governing body to negotiate real property transactions under the authority of ORS 192.660(1) (e). The motion passed unanimously. The meeting adjourned to executive session at 8:47 p.m. and reconvened at 9:14 p.m.. Mayor Kelley stated that no decisions would be made by the Council as a result of the executive session. ADJOURNMENT. The meeting adjourned at 9:15 p.m.. ~ ~ APPROVED l- LEN K LLEY, MA OR ATTEST fV( T ~~ Mary ~ant, Recorder Page 7 - Council Meeting Minutes, October 11, 1993 --