Minutes - 10/11/1993
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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
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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
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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
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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.
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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.
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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
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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
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