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Agenda - 10/13/2008CITY OF WOODBU RN KATHRYN FIGLEY, MAYOR WALTER NICHOLS, COUNCILOR WARD I RICHARD BJELLAND, COUNCILOR WARD II CI`T'Y COUNCIL AGENDA PETER MCCALLUM, COUNCILOR WARD III /~ p .LAMES COX, COUNCILOR WARD IV OCTOBER 13, ZOOS ~ 7.00 P.M. FRANK LONERGAN, COUNCILOR WARD V ELIDA SIFUENTEZ, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. Welcome Reception for Scott Derickson on October 15th from 4:00 to 7:00 p.m. in Council Chambers Appointments: None. 4. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn School District 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items for Council consideration not already scheduled on the agenda. "Habra interpreter c~isponiU~es Para aque~~as personas que no ~ja~~an Ing~es~ previo acuer~o. Comuniquese a~ (5031980-2485... October 13, 2008 Council Agenda Page i 8. CONSENT AGENDA -Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of September 22, 2008 Recommended Action: Approve the minutes. B. Claims for September 2008 Recommended Action: Approve the claims. 9. TABLED BUSINESS 10 A. Council Bill 2735 - A Resolution Approving An Adjusted Rate 15 Schedule And Fuel Recovery Fee Surcharge For United Disposal Service, Inc; Setting An Effective Date; And Repealing Resolutions 1833 And 1843. Recommended Action: Do not remove from the table. 10. PUBLIC HEARINGS None. 11. GENERAL BUSINESS -Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill 2747 - An Ordinance annexing 0.48 acres of 37 property into the City of Woodburn located on the East side of Pacific Highway 99E and North of State Highway 211 at 2400 North Pacific Highway; and granting a zone change from Marion County CR (Commercial Retail) zone to City of Woodburn CG (Commercial General) zone. Recommended Action: Adopt the Ordinance. B. Council Bill 2748 - A Resolution denying a claim for common 44 law vested rights for the property located at 500-510 and 514 North Pacific Highway. Recommended Action: Adopt the Resolution. C. Council Biil 2749 - A Resolution Authorizing the City 49 Administrator to enter into an Oregon Partnership for Disaster Resilience Memorandum of Understanding. Recommended Action: Adopt the Resolution. October 13, 2008 Council Agenda Page ii D. Council Bill 2750 - A Resolution adopting an Intergovernmental 56 Agreement for the North Marion County Communications Center (NORCOM) and authorizing the Mayor to sign said agreement. Recommended Action: Adopt the Resolution. E. Position change from ASFCME to Confidential 72 Recommended Action: It is recommended that the Council authorize changing an ASFCME represented Administrative Assistant classification to a confidential classification as specifically described in this staff report. F. Reimbursement of excess Traffic Impact Fee collected per 74 claim by Polen Development, LLC, for Hollywood Video store. Recommended Action: By motion, authorize reimbursement to Polen Development, LLC, a sum of $39,458.28 for over collection of Traffic Impact Fees associated with the Hollywood Video store. 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS -These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A. Community Development Director's approval of a Type II 76 Design Review of SIGN 2008-05, located at 1475 Mt. Hood Avenue, tax lot 051 W0862800. Recommended Action: No action is recommended. 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS Ocfober 13, 2008 Council Agenda Page iii 15. EXECUTIVE SESSION A. To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to 192.660 (2) (d). B. To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2) (f). C. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (2) (h). 16. ADJOURNMENT October 13, 2008 Council Agenda Page iv COUNCIL MEETING MINUTES SEPTEMBER 22, 2008 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 22, 2008. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Figley Present Councilor Bjelland Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Absent Councilor Nichols Present Councilor Sifuentez Present Staff Present: Interim City Administrator Russell, City Attorney Shields, Asst. City Administrator Stevens, Public Works Director Brown, Interim Community Development Director Labossiere, Police Captain Tennant, Associate Planner Dolenc, Recorder Tennant For the record, Mayor Figley stated that Councilor McCallum was out of town. 0053 ANNOUNCEMENTS. A) Big Read Kick-Off will be held in the Downtown Plaza on Friday, October 3, 2008, from 3:30 p.m. unti15:00 p.m.. 0080 PROCLAMATION: THE BIG READ MONTH 2008. Mayor Figley proclaimed October 2008 as "The Big Read Month" and encouraged all residents to read the book "Bless Me, Ultima" by Rudolfo Anaya during the month of October and to participate in the related discussion groups and events to be scheduled by project coordinators. 0200 Jean Kemp, Real Estate Broker for Estates/Northwest Classic Properties, stated that she and Ms. Ehlen have an issue with the City regarding placement of temporary signs for realtors which they would like the City Council to address. In their case, real estate signs need to be placed near the street in order for clients to view, in advance, properties that are on the market along with the surrounding neighborhood, however, if the signs are placed too close to the pavement, they get picked up by the City because of placement provisions within the current sign ordinance. She felt that something needs to be done to correct this situation and, if no action is taken, then it may be necessary to circulate a petition to bring this ordinance before the voters. Page 1 -Council Meeting Minutes, September 22, 2008 COUNCIL MEETING MINUTES SEPTEMBER 22, 2008 TAPE READING Doris Ehlen, Real Estate Broker for Estates/Northwest Classic Properties, stated that they feel that their business has been discriminated against in that the City picks up their signs all the time whereas other real estate signs located in the public right of way do not get picked up. Mayor Figley requested clarification of what had been communicated to them by staff, specifically, is the problem that the signs are in the public right-of--way or that the problem involves temporary signs. Ms. Kemp stated that the problem is that the signs are too close to the curb. They have received numerous complaints from their clients who have told them that they look for the real estate sign well in advance of the property but, without the real estates firm's ability to place the sign near the curb, the clients do not see the sign until they see the house number and by then the client has already passed the location. When open houses are held, there is a need to have the signs at eye level in order to attract potential clients to the property. As realtors, the inability to have the real estate sign at the curb is their biggest complaint. Mayor Figley stated that the City's Task Force consisting of Councilor Cox, Planning Commissioner Jennings, and Real Estate Broker David Christoff, is currently looking at different land use issues including the sign ordinance and they are putting together a list of recommendations for possible changes. She also mentioned that a broader spectrum of the business community will be given an opportunity to look at the various issues before anything is officially changed. She stated that prior to the adoption of the current sign code, the City had received numerous complaints from the Highway 99E and Highway 214 area in that the signs in place at that time presented a safety hazard from blocked sight lines and in the number of unattractive signs in the public right-of--way. The current ordinance places restrictions on signage in the public right-of--way. She stated that this issue will be added to the list for review by the Task Force. Ms. Ehlen expressed her appreciation that this issue would be looked at since it is now at a point that they are all getting upset about this and are talking to residents about the need for change in the current regulations. Councilor Cox stated that he is aware of the problem and, as a member of the Task Force, he is willing to look at it since he does not feel that real estate signs do any damage to the community and believes that they are helpful to the property owners and real estate agents. However, the City cannot legally differentiate between allowable signs based on their content. One option might be placing a time limit on the sign while another option might be that temporary signs could be legal in residential zones but not in commercial zones. He stated that several years ago unattractive sandwich board signs located in the commercial areas and within the public right-of--way was a major problem and distracted from the appearance of the neighborhood and, in some cases, created safety hazards. He also stated that this will take some time to work out and not to expect any changes in the immediate future. Page 2 -Council Meeting Minutes, September 22, 2008 COUNCIL MEETING MINUTES SEPTEMBER 22, 2008 TAPE READING 0792 CONSENT AGENDA. A) approve the regular and executive session City Council minutes of September 8, 2008; B) accept the Recreation and Parks minutes of September 9, 2008; C) accept the August 2008 Claims report; D) accept the Community Services August 2008 statistics report; E) accept the Planning Commission minutes of July 24, 2008; F) accept the August 2008 Crime Statistics report; and G) accept the August 2008 Code Enforcement Statistics report. NICHOLS/I,ONERGAN ... adopt the Consent Agenda as presented. The motion passed unanimously. 0836 TABLED BUSINESS: COUNCIL BILL NO. 2735 -RESOLUTION APPROVING AN ADJUSTED RATE SCHEDULE AND FUEL RECOVERY FEE SURCHARGE FOR UNITED DISPOSAL SERVICE, INC., SETTING AN EFFECTIVE DATE, AND REPEALING RESOLUTIONS NO. 1833 AND 1843. Mayor Figley stated that this item will remain on the table. 0860 PUBLIC HEARING: ANNEXATION 2008-01 AND ZONE CHANGE 2008-O1 Located at 2700 North Pacific Hi~hway. Mayor Figley declared the public hearing open at 7:16 p.m.. Councilor Nichols stated that he knows were the property is located and has been at the site. Associate Planner Dolenc read the land use statement required under ORS Chapter 197. He stated that the subject property is a .48 acre parcel located on Highway 99E south of the MacLaren School property. It is owned by Cascadia -Woodburn Self Storage LLC and it is intended to be used as part of that development. The property is designated as commercial on the City's Comprehensive Plan with abutting property currently zoned as commercial and, across the highway to the west, the zoning is commercial and industrial. He stated that the Planning Commission has recommended approval of Annexation 2008- 01 and Zone Change 2008-O1. He also stated that the agenda packet did not include the legal description, therefore, he submitted the legal description into the record. Jesse Loverien, Cascadia Development, stated that they are trying to make the property more financially feasible and, by bringing it into the City, they would be able to gain access to City services and utilities. Cascadia Development does not have a plan as to what they will be putting on the property at this time, however, they do hold properties and then lease it out. If approved, they will be looking for a business that would have some use for the property and then they would build something to meet the client's needs. Another option is that the parcel could be used to service the storage for the self-storage facility abutting the proposed property to be annexed. He also stated that if the property Page 3 -Council Meeting Minutes, September 22, 2008 COUNCIL MEETING MINUTES SEPTEMBER 22, 2008 TAPE READING is annexed and a decision is made to develop the parcel, they will need to make application to the City and bring in water and sewer services to the property. No one in the audience spoke either for or against the proposed annexation and zone change. Councilor Lonergan questioned staff on the procedure followed on this application since the application had been turned in 5 months ago and this application did not seem to have any issues. Associate Planner Dolenc stated that this application did take longer than usual since current Planning Department staff had not been through an Oregon annexation process before and it involved additional notification procedures mandated under state statute. City Attorney Shields stated that an annexation is a land use action and incorporation of new territory. In this case, the City has consolidated the hearing to avoid the city-wide election since the property owner has consented to the annexation. Mayor Figley closed the public hearing at 7:28 p.m. NICHOLS/LONERGAN.... instruct staff to prepare an ordinance to substantiate the Council's decision to approve Annexation 2008-O1 and Zone Change 2008-01. The motion passed unanimously. 1775 COUNCIL BILL N0.2744 -RESOLUTION TO INITIATE A LOCAL IMPROVEMENT DISTRICT TO REPLACE STREET TREES AND REPAIR SIDEWALKS IN THE IRONWOOD NEIGHBORHOOD. Council Bill No. 2744 was introduced by Councilor Sifuentez. The two readings of the bill were read by title only since there were no objections from the Council. Councilor Cox stated that there is a need to proceed but if the report is brought back to the Council in October, he will not be in attendance to provide any input on the report therefore, he wanted to express his concern about the legality of assessing costs to a Homeowner's Association rather than individual properties. Councilor Lonergan questioned the age of the trees. Mayor Figley stated that the trees could be around 9 years old, however, they are sweet gum trees and the shallow root system has caused a lot of damage to the sidewalks, curbs, and irrigation system. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2744 duly passed. 1960 COUNCIL BILL N0.2745 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY FOR JUVENILE PROBATION OFFICER SUPPORT. Council Bill No. 2745 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, Page 4 -Council Meeting Minutes, September 22, 2008 { COUNCIL MEETING MINUTES SEPTEMBER 22, 2008 TAPE READING the bill passed unanimously. Mayor Figley declared Council Bill No. 2745 duly passed. 2017 COUNCIL BILL NO. 2746 -RESOLUTION MAKING A FINAL DETERMINATION THAT CLAIMANT IS NOT ENTITLED TO RELIEF UNDER MEASURE 49, SECTION 9 AND VOIDING THE CITY COUNCIL'S PREVIOUS DECISION UNDER MEASURE 37. Council Bill No. 2746 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections. City Attorney Shields stated that he had distributed a memo to the Mayor and Council just prior to this meeting. He stated that, earlier today, Mr. Gottsacker had dropped off the letter attached to the memo and, even though the record is closed in offering evidence, he felt that it was fair and proper to put the letter in front of the Council since it deals with the way the resolution is drafted. At the last meeting, the motion was to direct staff to draft an order or other appropriate document. Staff had elected to draft a resolution and originally the resolution said "withdraw the approval" which is what the City of Portland normally does. The resolution before the Council says "void the approval" and he explained that the Oregon Supreme Court case in Corey v. DLCD (2008) made it very clear that in the instance where there is a Measure 37 waiver that is granted, then what is left is common law vested rights which is a separate item from this resolution. Under Measure 49 what the Supreme Court said in the Corey case, is that policy wise the voters approved Measure 49 and that it substituted for Measure 37. He stated that he had added the "voiding" language since he believes it is in accord with Measure 49 and, in particular, with the Supreme Court opinion interpreting Measure 49. Councilor Lonergan stated that he was not at the last meeting when the public hearing was held but, even though he has read the Council minutes, did not feel that he could vote on this resolution. Councilor Bjelland stated that he was not at last meeting, however, he has read the material submitted at the last meeting, material submitted subsequently by Mr. Gottsacker and staff, and would be voting on the resolution. On roll call vote for final passage, the bill passed 4-0-1 with Councilor Lonergan abstaining. Mayor Figley declared Council Bill No. 2746 duly passed. 2315 ASSERTION OF COMMON LAW VESTED RIGHTS FOR THE PROPERTY LOCATED AT 500-510 AND 514 NORTH PACIFIC HIGHWAY AND IDENTIFIED ON MARION TAX ASSESSOR'S MAPS AS TAX LOT 051 W 17B000200. NICHOLS/ COX... direct staff to prepare a resolution to deny the claim of common law vested rights in regards to the subject property located at 500-510 and 514 North Pacific Highway. Page 5 -Council Meeting Minutes, September 22, 2008 COUNCIL MEETING MINUTES SEPTEMBER 22, 2008 TAPE READING Councilor Cox stated that the public hearing had been closed at the last meeting but additional time had been provided to Mr. Gottsacker to submit additional information. He did not believe that there was anything in the additional information submitted that would change the staff's recommendation or change his opinion on this issue. The motion passed unanimously. 2412 BID N0.2009-03: AWARD OF CONSTRUCTION CONTRACT FOR SANITARY SEWER PIPE AND MANHOLE REHABILITATION ON W. HAYES STREET. Bids for the project were received from the following contractors: Michel's Corp., $39,895.00; Insituform Tech., Inc., $44,060.00; and Pacific Liners Co., $47,105.00. Staff recommended the acceptance of the bid submitted by Michel's Corp. which was within 20% of the Engineer's estimate. NICHOLS/BJELLAND ... award the construction contract for W. Hayes Street Sanitary Sewer and Manhole improvements to Michel's Corp. in the amount of $39,895.00. The motion passed unanimously. 2440 BID N0.2009-02: AWARD OF CONSTRUCTION CONTRACT FOR STACY ALLISON WAY AND LAWSON AVENUE RESURFACING IMPROVEMENTS. Bids were received from the following contractors: Knife River, $267,787.08; Salem Road & Driveway, $293,099.22; Roy L. Houck Construction Co, $297,993.35; North Santiam Paving Co., $306,729.45; Parker NW Paving Co., $314,701.06; Brix Paving Co., $337,461.44; and Cemex, $345,480.64. Staff recommended the acceptance of the bid submitted by Knife River which was within 10% of the Engineer's estimate. NICHOLS/LONERGAN .... award the construction contract for the Stacy Allison Way and Lawson Avenue resurfacing improvements to Knife River in the amount of $267,787.08. Councilor Lonergan questioned when these streets were last resurfaced since they do receive more truck traffic than most city streets. Public Works Director Brown stated that he did not know when they were last resurfaced, however, staff would like to discourage truck use on Lawson Avenue since truck traffic should be using Evergreen Road. Additionally, improvements are currently being made at the intersection of Highway 214 and Evergreen Road to make the turn movement easier for trucks. The motion passed unanimously. 2570 OLCC CHANGE OF OWNERSHIP -MARGARITAS, 1593 Mt. Hood Ave. A Full On-Premise Sales change of ownership liquor license was submitted by Dancin Bear Properties LLC, DBA Margaritas. Jake Jacobsen, representing the owner, expressed their appreciation on the support they have received from the community and they will continue to work hard to make sure that Page 6 -Council Meeting Minutes, September 22, 2008 COUNCIL MEETING MINUTES SEPTEMBER 22, 2008 TAPE READING they have a business that is a safe and comfortable place for patrons. BJELLAND/LONERGAN....recommend to OLCC approval of a Change of Ownership application for Margarita's Full On-Premise Sales liquor license. Councilor Nichols stated that because of his religious affiliation, he will not be able to vote in favor of the recommendation. On roll call vote, the motion passed 4-1 with Councilor Nichols voting nay. 2720 OLCC CHANGE OF OWNERSHIP -JACK'S PUB AND EATERY, 2267 Country Club Road. A Full On-Premise Sales change of ownership liquor license was submitted by Jack's Place LLC DBA: Jack's Pub and Eatery. Interim City Administrator Russell stated that this property was formally known as Billy O Deli in Woodburn Crossing. BJELLAND/SIFUENTEZ... recommend to OLCC approval of a Change of Ownership application for Jack's Place LLC for a Full On-Premise Sales liquor license. On roll call vote, the motion passed 4-1 with Councilor Nichols voting nay. 2791 OLCC NEW OUTLET -IMPERIAL MARKET & DELI, 320 N. Pacific Highway, Suite 120. A new outlet liquor license application was submitted by Carlos and Anita Morales, DBA: Imperial Market & Deli for Off-Premises Sales. BJELLAND/LONERGAN... recommend to OLCC approval of a new outlet application for Imperial Market & Deli. On roll call vote, the motion passed 4-1 with Councilor Nichols voting nay. 2850 POSITION UPGRADE: WASTEWATER OPERATOR II TO OPERATOR III. NICHOLS/LONERGAN.... authorize the upgrade of a Wastewater Division Operator II position to an Operator III position. The motion passed unanimously. 2885 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Design Review 2008-03, located at Highway 214 along the S-curve (approximately 1901 Newberg Highway), tax lot 052W 1 ZDA01600. COX/LONERAN... call this land use action up for City Council review. Councilor Cox requested that this issue be deferred until the first meeting in November since he would not be at either of the October meetings provided that there is no conflict with the 120-day rule provision. Interim Administrator Russell stated that the 120 day expiration date is December 18, 2008, therefore, a final order needs to be adopted by the Council prior to that date. Councilor Cox stated that he will be disqualifying himself when it is brought up because Page 7 -Council Meeting Minutes, September 22, 2008 COUNCIL MEETING MINUTES SEPTEMBER 22, 2008 TAPE READING he does have a personal interest in this matter but he does believe that the Council should be reviewing this action. The motion passed unanimously. 3063 CITY ADMINISTRATOR'S REPORT. A) In regards to the garbage franchise rate study, a scope of work for the consultant has been developed and staff is waiting on a price for the work. If it is within the Council's direction, staff will move ahead on the work. He stated that he has been in touch with Robin Murbach from Allied Waste (United Disposal Service) who is also waiting on the outcome of the consultant fee proposal. B) Interim Administrator Russell stated that he has also asked the Community Services Department to do a brief after action report on each special event held by the City in case the Council has any questions or needs information. A copy of the report will be provided to the Mayor and Council on the Mexican Independence Day Celebration held September 13 and 14, 2008 at the Downtown Plaza. 3155 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez stated that she will be gone for 2 weeks to Chicago IL, however, she will be back for the next regular meeting. Councilor Cox stated that he will be missing the two meetings in October. 3233 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660(2)(d). NICHOLS/SIFUENTEZ.... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:51 pm and reconvened at 8:17 pm. Mayor Figley stated that no action was taken by the Council during executive session. 3270 ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:18 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 8 -Council Meeting Minutes, September 22, 2008 Executive Session COUNCIL MEETING MINUTES September 22, 2008 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 22, 2008. CONVENED. The Council met in executive session at 7:53 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Councilor Bjelland Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Absent Councilor Nichols Present Councilor Sifuentez Present Staff Present: Interim City Administrator Russell, City Attorney Shields, Assistant City Administrator Stevens, City Recorder Tennant Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. The executive session was called pursuant to ORS 192.660(2)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations. ADJOURNMENT. The executive session adjourned at 8:13 p.m.. APPROVED ATTEST Mary Tennant, Recorder City of Woodburn, Oregon KATHRYN FIGLEY, MAYOR Page 1 -Executive Session, Council Meeting Minutes, September 22, 2008 WOODBURN LIVE DATE 10/07/08 TIME 14:52:26 C I T Y O F W O O D B U R N CHECK REGISTER PAGE 1 AP0460 VEEOT CHECK ~ -----_-- CHECK DATE PAYEE NAME _- _ ____________________________ ==== STATUS =_ STATUS DATE UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE BANK ACCOUNT: AP Y A/P Accounts Pa able ____________ _____________ _________ __________ _____ _____________ _______ __--------_____ 94793 9/30/2008 VALLEY MAILING SERVICE IN RECONCILED 10/07/2008 YES 889 .18 889 .18 .00 94744 9/05/2008 ALLIED WASTE SERVICES &45 RECONCILED 10/07/2008 YES 803 .25 803 .25 .00 94745 9/05/2008 ARAMARK UNIFORM SERVICE I RECONCILED 10/07/2008 YES 127 .76 127 .76 .00 94746 9/05/2008 AT 6 T RECONCILED 10/07/2008 YES 104 .77 104 .77 .00 94747 9/05/2008 BOTACH TACTICAL RECONCILED 10/07/2008 YES 184 .50 184 .50 .00 94748 9/05/2008 CANBY SAND & GRAVEL CO RECONCILED 10/07/2008 YES 25 .00 25 .00 .00 94749 9/05/2008 CANBY TELECOM RECONCILED 10/07/2008 YES 19 .95 19 .95 .00 99750 9/05/2008 CDW GOVERNMENT INC RECONCILED 10/07/2008 YES 595 .69 595 .69 .00 94751 9/05/2008 COMPLETE WIRELESS SOLUTNS RECONCILED 10/07/2006 YES 10 .00 10 .00 .00 94752 9/05/2008 DAILY JOURNAL OF COMMERCE RECONCILED 10/07/2008 YES 262 .90 262 .90 .00 94753 9/05/2008 DATAVISION COMMUNICATIONS RECONCILED 10/07/2008 YES 298 .28 296 .28 .00 94754 9/05/2008 DOUBLE TREE/SEATTLE-SOUTH RECONCILED 10/07/2008 YES 199 .68 199 .68 .00 94755 9/05/2008 ENGLE & SCHMIDTMAN RECONCILED 10/07/2008 YES 1,628 .00 1,628 .00 .CO 94756 9/05/2008 FEDERAL EXPRESS CORP RECONCILED 10/07/2008 YES 104 .53 104 .53 .00 94757 9/05/2008 K & R HOLDINGS EVERGREEN RECONCILED 10/07/2008 YES 97 .68 97 .68 .00 94758 9/05/2008 ISOLUTIONS CONSULTING LLC RECONCILED 10/07/2008 YES 750 .00 750 .00 .00 94760 9/05/2008 JOE'S SPORTS & OUTDOORS RECONCILED 10/07/2008 YES 839 .30 839 .30 .00 94761 9/05/2006 L. CRAIG HALUPOWSKI RECONCILED 10/07/2008 YES 142. 73 142 .73 .00 94762 9/05/2008 LATIN AMERICAN CLUB RECONCILED 10/07/2008 YES 3,000. 00 3,000 .00 .00 94763 9/05/2006 MARTHA BUECHE RECONCILED 10/07/2008 YES 2,000. 00 2,000. 00 .00 94764 9/05/2008 MT ANGEL PUBLISHING RECONCILED 10/07/2008 YES 2,965. 00 2,965. 00 .00 94765 9/05/2008 NEOPOST INC RECONCILED 10/07/2008 YES 52. 44 52. 44 .00 94766 9/05/2008 NET ASSETS CORPORATION RECONCILED 10/07/2008 YES 450. 00 450. 00 .00 94767 9/05/2008 NEXTEI. COMMUNICATIONS RECONCILED 10/07/2008 YES 347. 01 347. 01 .00 94768 9/05/2008 NORTHWEST NATURAL c;AS RECONCILED 10/07/2008 YES 2,403. 21 2,403. 21 .00 94769 9/05/2008 PETROCARD RECONCILED 10/07/2008 YES 903. 94 903. 94 -00 94770 9/05/2006 PORTLAND GENERAL ELECTRIC RECONCILED 10/07/2008 YES 39,685. 34 39,685. 34 .00 94771 9/05/2008 POSITIVE PROMOTIONS INC RECONCILED 10/07/2008 YES 288. 45 286. 45 .00 94772 9/05/2008 PUMLITE BUILDING PRODUCTS RECONCILED 10/07/2008 YES 215. 16 215. 16 .00 94773 9/05/2008 QWEST RECONCILED 10/07/2008 YES 128. 02 128. 02 .00 94774 9/05/2008 RMT EQUIPMENT RECONCILED 10/07/2008 YES 306. 86 306. 86 .00 99775 9/05/2008 S&S WORLDWIDE INC RECONCILED 10/07/2008 YES 229. 92 229. 92 .00 94776 9/05/2008 CRYSTAL AND SIERRA SPRING RECONCILED 10/07/2008 YES 170. 06 170. 06 .00 94777 9/05/2008 SONITFOL CORPORATION RECONCILED 10/07/2008 YES 110. 00 110. 00 .00 94778 9/05/2008 TECHNIKA RECONCILED 10/07/2008 YES 326. 00 326. 00 .00 94779 9/05/2008 THE LED LIGHT RECONCILED 10/07/2008 YES 1,978. 79 1,978. 79 .00 94780 9/05/2008 TIM QUINN SR RECONCILED 10/07/2008 YES 71. 96 71. 96 .00 94781 9/05/2008 USA MGBILITY WIRELESS INC RECONCILED 10/07/2008 YES 40. 81 40. 81 .00 94782 9/05/2008 VALLEY RIVER INN RECONCILED 10/07/2008 YES 123. 76 123. 76 .00 94783 9/05/2006 VRN METER & ASSOCIATES RECONCILED 10/07/2008 YES 135. 00 135. 00 .00 94784 9/05/2008 WAVE BROADBAND RECONCILED 10/07/2008 YES 317. 23 317. 23 .00 94786 9/05/2008 WESTERN BANK OF CHINOOK N RECONCILED 10/07/2008 YES 4,912. 50 4,912. 50 .00 94787 9/05/2008 WOODBURN INDEPENDENT RECONCILED 10/07/2008 YES 451. 82 451. 82 .00 94788 9/05/2008 XEROX CORPORATION RECONCILED 10/07/2008 YES 499. 37 499. 37 .00 94789 9/05/2008 YES GRAPHICS RECONCILED 10/07/2008 YES 866. 25 866. 25 .00 94790 9/30/2008 LINCOLN NATIONAL LIFE INS RECONCILED 10/07/2008 YES 4,283. 48 4,283. 48 .00 94792 9/30/2008 VALLEY MAILING SERVICE IN RECONCILED 10/07/2008 YES 803. 25 803. 25 .00 94793 9/12/2008 ALL WAYS EXCAVATING USA L RECONCILED 10/07/2008 YES 7,260. 00 7,260. 00 .00 94794 9/12/2008 ALLIED WASTE SERVICES !!45 RECONCILED 10/07/2008 YES 1,707. 02 1,707. 02 .00 94796 9/12/2008 ARAMARK UNIFORM SERVICE I RECONCILED 10/07/2008 YES 107.12 107. 12 .00 94797 9/12/2008 ASSOCIATED BUSINESS SYSTE RECONCILED 10/07/2008 YES 143. 16 193. 16 .00 94798 9/12/2008 BLACKSTONE AUDIOBOOKS RECONCILED 10/07/2008 YES 149.35 149.35 .00 WOODBURN LIVE C I T Y O F W O O D B U R N DATE 10/ 07/08 PAGE 2 TIME 14: 52:26 CHECK REGISTER AP0460 VEEOT CHECK !{ CHECK DATE PAYEE NAME STATUS STATUS DATE UPDATED CHECK AMOUNT RECONCILED RMT DIFFERENCE 94799 9/12/2008 BLUMENTHAL UNIFORM & EQUI RECONCILED 10/07/2008 YES 100 34 100 34 94800 9/12/2008 BOLDT, CARLISLE & SMITH L RECONCILED 10/07/2008 YES . 3 930.00 . 3 930 00 .00 94801 9/12/2008 C W RENTS RECONCILED 10/07/2008 YES , 185 00 , . 185 00 .00 94802 9/12/2008 CASCADE COLUMBIA DIST CO RECONCILED 10/07/2008 YES . 4 884.25 . 4 884 25 .00 94803 9/12/2008 CASE CREEK TRUCKING LLC RECONCILED 10/07/2006 YES , 265 00 , . 285 00 .00 94804 9/12/2008 CDW GOVERNMENT INC RECONCILED 10/07/2008 YES . 235 30 . 235 30 .00 94805 9/12/2008 CENTER POINT LARGE PRINT RECONCILED 10/07/2008 YES . 35 94 . 35 94 .00 94806 9/12/2008 CIMA INSURANCE RECONCILED 10/07/2008 YES . 3 082.25 . 3 082 25 .00 94807 9/12/2008 CIS: CITY-CTY INS SERVS RECONCILED 10/07/2008 YES , 73 224.03 , . 73 224 03 .00 94808 9/12/2008 CODE 4 PUBLIC SAFETY EDUC RECONCILED 10/07/2008 YES , 99 00 , . 99 00 .00 94809 9/12/2008 COLUMBIA INSPECTION INC RECONCILED 10/07/2008 YES . 427 30 . 427 30 .00 94811 9/12/2008 CUES RECONCILED 10/07/2008 YES . 299 50 . 299 50 .00 94812 9/12/2008 DENNIS MAULDING/DAVIS CRE RECONCILED 10/07/2008 YES . 918 00 . .00 94813 9/12/2008 DENNIS SCHOOLER RECONCILED 10/07/2008 YES . 500 00 918.00 500 00 .00 94814 9/12/2008 ERNIE GRAHAM OIL INC RECONCILED 10/07/2008 YES . 626 44 . 626 44 .00 94815 9/12/2008 FALL LINE RECONCILED 10/07/2008 YES . 350 00 . 350 00 .00 94816 9/12/2008 FARSTONE TECHNOLOGY INC RECONCILED 10/07/2008 YES . 84 98 . 84 98 .Op 94817 9/12/2008 FERGUSON ENTERPRISES INC RECONCILED 10/07/2008 YES . 473 92 . 473 92 .00 94818 9/12/2008 FOOD SERVICES OF AMERICA RECONCILED 10/07/2008 YES . 405.10 . 405 10 .00 94819 9/12/2008 FRY'S ELECTRONICS RECONCILED 10/07/2008 XES 100 39 . 100 39 .00 94820 9/12/2008 GALE RECONCILED 10/07/2008 YES . 28 76 . 28 76 .00 94821 9/12/2008 HALTON COMPANY RECONCILED 10/07/2008 YES . 131 24 . 131 29 .00 94822 9/12/2008 HARRINGTON INDUSTRIAL PLA RECONCILED 10/07/2008 YES . 352 56 . 352 56 .00 94823 9/12/2008 IKON OFFICE SOLUTIONS RECONCILED 10/07/2008 YES . 171 95 . 171 95 .00 94824 9/12/2008 INDUSTRIAL MACH FAB INC RECONCILED 10/07/2008 YES . 175 00 . 175 00 .00 99825 9/12/2008 INGRAM LIBRARY SERVICES RECONCILED 10/07/2008 YES . 1 265.72 . 1 265 72 .00 94826 9/12/2008 ISOLUTIONS CONSULTING LLC RECONCILED 10/07/2008 YES , 531 25 , . 531 25 .00 94827 9/12/2008 JET HEATING INC RECONCILED 10/07/2008 YES . 3,226.00 . 3,226.00 .00 00 94828 9/12/2008 JJB SOLUTIONS INC RECONCILED 10/07/2008 YES 270 00 270 00 . 94829 9/12/2008 LAWSON PRODUCTS RECONCILED 10/07/2008 YES . 520 59 . 520 59 .00 94831 9/12/2008 LOWE'S RECONCILED 10/07/2008 YES . 26 93 . 26 93 .00 94832 9/22/2008 LUIS'S TAQUERIA RECONCILED 10/07/2008 YES . 49 75 . 89 75 .00 94833 9/12/2008 MARION COUNTY BLDG INSPEC RECONCILED 10/07/2008 YES . 377 40 . 377 40 .00 99834 9/12/2008 MARSHALL CAVENDISH CORP RECONCILED 10/07/2008 YES . 146 90 . 146 90 .00 94835 9/12/2008 MOLALLA COMMUNICATIONS RECONCILED 10/07/2008 YES . 70 149 . 149 70 .00 94836 9/12/2008 MPS RECONCILED 10/07/2008 YES . 219.54 . 229.54 .00 .00 94837 9/12/2008 MT BACHELOR VILLAGE RECONCILED 10/07/2008 YES 238 00 238 00 94838 9/12/2008 NAYDENOV GYMNASTICS RECONCILED 10/07/2008 YES . 105 00 . 105 00 .00 94839 9/12/2008 NEXTEL COMMUNICATIONS RECONCILED 10/07/2008 YES . 342 57 . 342 57 .00 94890 9/12/2008 NICHOLAS D WILSON RECONCILED 10/07/2008 YES . 75 68 . 68 75 .00 94841 9/12/2008 NORCOM RECONCILED 10/07/2008 YES . 26,374.09 . 26,374.09 .00 00 94842 9/12/2008 NORTHWEST NATURAL GAS RECONCILED 10/07/2008 YES 2 93 2 93 . 00 94843 9/12/2008 OACA TREASURER - JAN HENR RECONCILED 10/07/2008 YES . 155.00 . 155.00 . 00 94844 9/12/2008 OFFICE DEPOT RECONCILED 10/07/2008 YES 66 93 68 93 . 94845 9/12/2008 OR DEPT OF ADMINISTRATIVE RECONCILED 10/07/2008 YES . 2,896.62 . 1,89b.62 .00 00 94847 9/12/2008 OVS RECONCILED 10/07/2008 YES 92 15 92 15 . 94848 9/12/2008 PACIFIC OFFICE AUTOMATION RECONCILED 10/07/2008 YES . 146 84 . 146 84 .00 94849 9/12/2008 PAPE' MACHINERY RECONCILED 10/07/2008 YES . 113.77 . 113.77 .00 00 94850 9/12/2008 PARKER NORTHWEST PAVING RECONCILED 10/07/2008 YES 78,421.79 78,421.79 . .00 94851 9/12/2008 PAUL E NULL RECONCILED 10/07/2008 YES 500.00 500.00 00 94852 9/12/2008 PEPSI-COLA COMPANY RECONCILED 10/07/2008 YES 307.40 307.40 . 00 94853 9/22/2008 PETROCARD RECONCILED 10/07/2008 YES 3,173.68 3,173.68 . .00 94854 9/12/2008 PORTLAND GENERAL ELECTRIC RECONCILED 10/07/2008 YES 48,815.31 46,815.31 .00 WOODBURN LIVE DATE 10/07/08 TIME 14:52:26 C I T Y O F W O O D B U R N CHECK REGISTER PAGE 3 AP0460 VEEOT CHECK # CHECK DATE PAYEE NAME STATUS STATUS DATE UFDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE 94855 9/12/2008 PRIMA OREGON CHAPTER RECONCILED 10/07/2008 YES 130.00 130 .00 .00 94856 9/12/2008 PROQUEST INFORMATION AND RECONCILED 10/07/2008 YES 174.96 174 .96 .00 94857 9/12/2008 PUBLIC WORKS SUPPLY INC RECONCILED 10/07/2008 YES 691.00 691 .00 .00 94858 9/12/2008 QWEST RECONCILED 10/07/2008 YES 214.45 214 .45 .00 94859 9/12/2008 QWEST RECONCILED 10/07/2008 YES 1,801.23 1,801 .23 .00 94860 9/12/2008 RADIX CORPORATION RECONCILED 10/07/2008 YES 204.00 204 .00 .00 94661 9/12/2008 RECORDED BOOKS INC RECONCILED 10/07/2008 YES 206.80 206 .80 .00 94862 9/12/2008 ROSALVA FARIAS-MENDOZA RECONCILED 10/07/2008 YES 185.45 185 .45 .00 94863 9/12/2008 S.O.S. LOCK SERVICE RECONCILED 10/07/2008 YES 88.00 88 .00 .00 94664 9/12/2008 NORTHWEST ROCK INC RECONCILED 10/07/2008 YES 270.00 270 .00 .00 94866 9/12/2008 CRYSTAL AND SIERRA SPRING RECONCILED 10/07/2008 YES 118.58 118 .58 .00 94867 9/12/2008 SIGNWORKS OF OREGON RECONCILED 10/07/2008 YES 29.00 29 .00 .00 94868 9/12/2008 SILVERFLEET SYSTEMS RECONCILED 10/07/2008 YES 2,582.24 2,562 .24 .00 94869 9/12/20D8 STAPLES BUSINESS ADVANTAG RECONCILED 10/07/2008 YES 89.14 89 .14 .00 94870 9/12/2008 T&C MARKET RECONCILED 10/07/2008 YES 29.00 29 .00 .00 94871 9/12/2008 TESTAMERICA LABORATORIES RECONCILED 10/07/2008 YES 211.36 211 .36 .00 94872 9/12/2008 TRACTOR TIME RECONCILED 10/07/2006 YES 357.50 357 .50 .00 94873 9/12/2008 UASI CONFERENCE RECONCILED 10/07/2008 YES 30.00 30 .00 .00 99874 9/12/2008 USA MOBILITY WIRELESS INC RECONCILED 10/07/2008 YF.S 19.77 19 .77 .00 94875 9/12/2008 WATERSHED INC RECONCILED 10/07/2008 YES 540.90 540 .90 .00 94876 9/12/2008 WEST PAYMENT CENTER RECONCILED 10/07/20C8 YES 381.42 381 .42 .00 94877 9/12/2008 WOODBURN INDEPENDENT RECONCILED 10/07/2008 YES 152.25 152 .25 .00 94678 9/12/2008 WOODBURN INDEPENDENT RECONCILED 10/07/2008 YES 42.00 42 .00 .CO 94879 9/12/2008 WOODBURN SEW & VAC RECONCILED 10/07/2008 YES 19.53 19 .53 .00 94880 9/12/2008 YES GRAPHICS RECONCILED 10/07/20C6 YES 229.00 229 .00 .00 99881 9/30/2008 SUE FOFANA-DURA RECONCILED 10/07/2008 YES 300.00 300 .00 .00 94862 9/30/2008 RILEY POTTER RECONCILED 10/07/2008 YES 900.00 900 .00 .00 94883 9/30/2008 VALLEY MAILING SERVICE IN RECONCILED 10/07/2008 YES 695.98 695 .98 .00 94884 9/30/2008 TIMOTHY LOBOS RECONCILED 10/07/2008 YES 300.00 300 .00 .00 94885 9/19/2008 ALDER LOCKE RECONCILED 10/07/2008 YES 135.00 135. 00 .00 94886 9/19/2008 ALEXIf1 ANALYTICAL LAS INC RECONCILED 10/07/2008 YES 585.00 565. 00 .00 94887 9/19/2008 BEN THOMAS RECONCILED 10/07/2008 YES 50.00 50. 00 .00 94888 9/19/2008 BOBCAT OF WILLAMETTE VALL RECONCILED 10/07/2008 YES 310.00 310. 00 .00 94889 9/19/2008 SILVERTON HOSPITAL RECONCILED 10/07/2008 YES 1,120.00 1,120. 00 .00 94891 9/19/2008 CITY OF SALEM RECONCILED 10/07/2008 YES 1,000.00 1,000. 00 .00 99894 9/19/2008 CRIMINAL INFORMATION SERV RECONCILED 10/07/2008 YES 10.00 10. 00 .00 94895 9/19/2008 DATA9:1 LLC RECONCILED 10/07/2008 YES 24,310.00 24,310. 00 .00 94896 9/19/2006 DP NORTHWEST INC RECONCILED 10/07/2008 YES 600.00 600. 00 .00 94698 9/19/2008 EXQUISITE AUTO DETAIL RECONCILED 10/07/2008 YES 230.00 230. 00 .00 94900 9/19/2008 FOOTHILLS MEDICAL SUPPLY RECONCILED 10/07/2008 YES 15.00 15. 00 .00 94901 9/19/2006 GALE RECONCILED 10/07/2008 YES 114.24 114. 24 .00 94902 9/19/2008 GERALD LEIMBACH RECONCILED 10/07/2008 YES 100.38 100. 38 .00 94903 9/19/2008 GFS CHEMICALS INC RECONCILED 10/07/2008 YES 195.05 195. 05 .00 94904 9/19/2008 GREAT WESTERN SWEEPING IN RECONCILED 10/07/2008 YES 9,200.78 9,200. 76 .00 94905 9/19/2008 HD SUPPLY WATERWORKS LTD RECONCILED 10/07/2008 YES 456.00 956. 00 .00 94908 9/19/2008 IKON OFFICE SOLUTIONS RECONCILED 10/07/2008 YES 290.89 290. 89 .00 94909 9/19/2008 INDUSTRIAL FINISHES RECONCILED 10/07/2008 YES 109.50 109. 50 .00 94910 9/19/2008 INGRAM LIBRARY SERVICES RECONCILED 10/07/2008 YES 2,117.48 2,117. 48 .00 94911 9/19/2008 INTEGRA TELECOM RECONCILED 10/07/2008 YES 1,080.00 1,080. 00 -00 94912 9/19/2008 J. THAYER COMPANY RECONCILED 10/07/2008 YES 845.33 845. 33 .00 99914 9/19/2008 LANGUAGE LINE SERVICES RECONCILED 10/07/2008 YES 246.66 246. 66 .00 94915 9/19/2008 LEAGUE OF OREGON CITIES RECONCILED 10/07/2008 YES 20.00 20. 00 .00 94916 9/19/2008 LINCOLN EQUIPMENT CO RECONCILED 10/07/2008 YES 199.64 199. 64 .00 WOODBURN LIVE C I T Y O F W O O D B U R N PAGE 4 DATE 10/07/08 AP0460 TIME 14:52:26 CHECK REGISTER VEEOT CHECK # CHECK DATE PAYEE NAME STATUS STATUS DATE UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE 94917 9/19/2008 MARION COUNTY CLERK RECONCILED 10/07/2008 YES 5 .00 5.00 .00 94918 9/19/2008 MATTHEW BENDER LEXISNEXIS RECONCILED 10/07/2008 YES 114 .10 114.10 .00 94919 9/19/2008 MAY BAKKE RECONCILED 10/07/2008 YES 26 .50 26.50 .00 94920 9/19/2008 NEXTEL COMMUNICATIONS RECONCILED 10/07/2008 YES 1,406 .18 1,406.18 .00 94921 9/19/2008 ONE CALL CONCEPTS INC RECONCILED 10/07/2008 YES 90 .30 90.30 .00 94923 9/29/2008 OR STATE POLICE ID SERVIC RECONCILED 10/07/2008 YES 12 .00 12.00 .00 94924 9/19/2008 PETROCARD RECONCILED 10/07/2008 YES 1,393 .90 1,393.90 .00 94925 9/19/2008 PORTLAND GENERAL ELECTRIC RECONCILED 10/07/2008 YES 16 .72 16.72 .00 94926 9/19/2008 PROTHMAN COMPANY RECONCILED 10/07/2008 YES 7,887 .62 7,887.62 .00 94927 9/19/2008 R&J MOBILITY SERVICES RECONCILED 10/07/2008 YES 613 .75 613.75 .00 94928 9/19/2008 ROSEMARIE SANCHEZ RECONCILED 10/07/2008 YES 18 .00 18.00 .00 94929 9/19/2008 S.O.S. LOCK SERVICE RECONCILED 10/07/2008 YES 410 .00 410.00 .00 94930 9/19/2008 SEASHORE INN RECONCILED 10/07/2008 YES 295 .25 245.25 .00 94931 9/19/2008 SILVERFLEET SYSTEMS RECONCILED 10/07/2008 YES 904 .62 904.62 .00 94932 9/19/2008 SPRINT (AIRLINK) RECONCILED 10/07/2008 YES 711 .20 711.20 .00 94933 9/19/2008 STATESMAN-JOURNAL NEWSPAP RECONCILED 10/07/2008 YES 20 .87 20.87 .00 94934 9/19/2008 T-MOBILE RECONCILED 10/07/2008 YES 249 .95 249.95 .00 94935 9/19/2008 TERRIE STEVENS RECONCILED 10/07/2008 YES 518 .00 518.00 .00 94936 9/19/2008 TESTAMERICA LABORATORIES RECONCILED 10/07/2008 YES 297 .00 297.00 .00 94937 9/19/2008 USA MOBILITY WIRELESS INC RECONCILED 10/07/2008 YES 38 .75 38.75 .00 94938 9/19/2008 WILCO FARMERS RECONCILED 10/07/2008 YES 829 .35 829.35 .00 94939 9/19/2008 WOODBURN AUTOMOTIVE REPAI RECONCILED 10/07/2008 YES 27 .95 27,95 .00 94940 9/19/2008 WOODBURN INDEPENDENT RECONCILED IO/07/2008 YES 210 .00 210.00 .00 94941 9/19/2008 YES GRAPHICS RECONCILED 10/07/2008 YES 597 .40 597.40 .00 94942 9/19/2008 3M WBA5874 RECONCILED 10/07/2008 YES 74 .61 74.61 .00 94943 9/30/2008 PETTY CASH RECONCILED 10/07/2008 YES 166 .10 166.10 .00 94944 9/30/2008 VALLEY MAILING SERVICE IN RECONCILED 10/07/2008 YES 521. 55 521.55 .00 94945 9/26/2008 A & A PEST CONTROL INC RECONCILED 10/07/2008 YES 300. 00 300.00 .00 94947 9/26/2008 AG WEST SUPPLY RECONCILED 10/07/2008 YES 13. 25 13.25 .00 94949 9/26/2008 ARAMARK UNIFORM SERVICE I RECONCILED 10/07/2008 YES 1,410. 96 1,410.96 .00 94950 9/26/2008 ARMADALE DEVELOPMENT LLC RECONCILED 10/07/2008 YES 20,110. 50 20,110.50 .00 94952 9/26/2008 AWWA RECONCILED 10/07/2008 YES 322. 00 322.00 .00 94954 9/26/2008 BEAVERTON DENTAL EQUIP & RECONCILED 10/07/2008 YES 1,271. 34 1,271.34 .00 94955 9/26/2008 BI-MART CORPORATION RECONCILED 10/07/2008 YES 557. 98 557.98 .00 94957 9/26/2008 C W RENTS RECONCILED 10/07/2008 YES 22. 00 22.00 .00 94959 9/26/2008 CASCADE POOLS RECONCILED 10/07/2008 YES 79. 20 79.20 .00 94961 9/26/2008 CENTERSTONE INC RECONCILED 10/07/2006 YES 5,526. 00 5,526.00 .00 94962 9/26/2008 COASTAL FARM HOME SUPPLY RECONCILED 10/07/2008 YES 653. 88 653.88 .00 94964 9/26/2008 DAVISON AUTO PARTS RECONCILED 10/07/2008 YES 212. 30 212.30 .00 94967 9/26/2008 DREYER'S GRAND ICE CREAM RECONCILED 10/07/2008 YES 259. 92 259.92 .00 94969 9/26/2008 EMERY & SONS CONSTRUCT IN RECONCILED 10/07/2008 YES 31,371. 48 31,371.48 .00 94970 9/26/2008 ERNIE GRAHAM OIL INC RECONCILED 10/07/2008 YES 102. 21 102.21 .00 94974 9/26/2008 FERGUSON ENTERPRISES INC RECONCILED 10/07/2008 YES 1,032. 03 1,032.03 .00 94975 9/26/2008 FISHER SCIENTIFIC RECONCILED 10/07/2008 YES 225. 31 225.31 .00 94976 9/26/2008 FISHER'S SUPPLY INC RECONCILED 10/07/2008 YES 78. 71 78.71 .00 94977 9/26/2008 FRANK M MASON RECONCILED 10/07/2008 YES 147. 55 147.55 .00 94978 9/26/2006 G.W. HARDWARE CENTER RECONCILED 10/07/2008 YES 870. 60 870.60 .00 94979 9/26/2008 GRAINGER INC RECONCILED 10/07/2008 YES 556. 61 556.61 .00 94980 9/26/2008 HACH CHEMICAL CO RECONCILED 10/07/2008 YES 191. 46 191.46 .00 94982 9/26/2008 HVBBARD CHEVROLET RECONCILED 10/07/2008 YES 41. 70 41.70 .00 94983 9/26/2008 INDUSTRIAL WELDING SUPPLY RECONCILED 10/07/2008 YES 269. 59 269.59 .QO 94984 9/26/2008 J. THAYER COMPANY RECONCILED 10/07/2008 YES 807. 44 807.44 .00 94989 9/26/2008 JIM ROW RECONCILED 10/07/2008 YES 217. 15 217.15 .00 WOODBURN LIVE DATE 10/07/08 TIME 14:52:26 C I T Y O F W O O D B U R N CHECK REGISTER PAGE 5 AP0460 VEEOT CHECK # CHECK DATE PAYEE NAME STATUS STATUS DATE UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE 94991 9/26/2008 KEY EQUIPMENT FINANCE RECONCILED 10/07/2006 YES 174 .60 174 .60 .00 94992 9/26/2008 L&L BUILDING SUPPLIES RECONCILED 10/07/2008 YES 1,295 .31 1,295 .31 .00 94993 9/26/2008 LAB SAFETY SUPPLY RECONCILED 10/07/2008 YES 484 .64 484 .64 .00 94994 9/26/2008 LENON IMPLEMENT CO RECONCILED 10/07/2008 YES 40 .68 40 .68 .00 94995 9/26/2008 LES SCHWAB TIRE CENTER RECONCILED 10/07/2008 YES 456 .16 456 .16 .00 94996 9/26/2008 LONG BROS BUILDING SUPPLY RECONCILED 10/07/2008 YES 208 .76 208 .76 .00 94997 9/26/2008 LOU GOTTLIEB RECONCILED 10/07/2008 YES 351 .67 351 .67 .00 94998 9/26/2008 MARGARET LAMBERT RECONCILED 10/07/2008 YES 368 .92 368 .92 .00 94999 9/26/2008 MARY TENNANT RECONCILED 10/07/2008 YES 28 .08 28 .08 .00 95000 9/26/2008 MCCOY FREIGHTLINER RECONCILED 10/07/2008 YES 313 .13 313 .13 .00 95001 9/26/2008 METTLER TOLEDO RECONCILED 10/07/2008 YES 2,023 .30 2,023 .30 .00 95005 9/26/2008 NORTH COAST ELECTRIC CO RECONCILED 10/07/2008 YES 146 .01 146 .01 .00 95006 9/26/2008 NORTHSTAR CHEMICAL INC RECONCILED 10/07/2008 YES 1,003 .70 1,003. 70 .00 95008 9/26/2008 NORTHWEST PLAYGROUND EQUI RECONCILED 10/07/2008 YES 3,137 .44 3,137. 44 .00 95010 9/26/2008 OR DEPT OF CONSUMER 6 BUS RECONCILED 10/07/2008 YES 300 .00 300. 00 .00 95015 9/26/2008 POWERTECH GROUP INC RECONCILED 10/07/2008 YES 560 .00 560. 00 .00 95016 9/26/2008 QWEST RECONCILED 10/07/2006 YES 462 .76 462. 76 .00 95017 9/26/2008 RALPH HARRIS RECONCILED 10/07/2008 YES 270 .14 270. 14 .00 95022 9/26/2008 ROSANA ROTH RECONCILED 10/07/2008 YES 26 .22 26. 22 .00 95023 9/26/2008 SAFEWAY STORES RECONCILED 10/07/2008 YES 45 .45 45. 45 .00 95026 9/26/2008 STANLEY GRADER RECONCILED 10/07/2008 YES 248 .76 248. 76 .00 95028 9/26/2008 TECHNOCOM INC RECONCILED 10/07/2008 YES 1,195. 18 1,195. 18 .00 95031 9/26/2006 TRAFFIC SAFETY SUPPLY CO RECONCILED 10/07/2008 YES 1,496. 31 1,496. 31 .00 95032 9/26/2008 VALLEY PACIFIC FLORAL RECONCILED 10/07/2008 YES 62. 95 62. 95 .00 95035 9/26/2008 WESCO DISTRIBUTION INC RECONCILED 10/07/2008 YES 5,917. 63 5,917. 63 .00 95036 9/26/2008 WILLAMETTE CHAP RED CROSS RECONCILED 10/07/2008 YES 5. 00 5. 00 .00 95037 9/26/2008 WOODBURN AUTOMOTIVE REPRI RECONCILED 10/07/2008 YES 104. 36 104. 36 .00 95038 9/26/2008 WOODBIJRN RADIATOR & GLASS RECONCILED 10/07/2008 YES 540. 00 590. 00 .00 95039 9/26/2008 YES GRAPHICS RECONCILED 10/07/2008 YES 375. 00 375. 00 .00 BANK AP TOTAL: 240 CHECKS ---- ---------- --- - ------------- --- --- -------- -- -- 503,262. 85 503,262. 85 .00 RECONCILED 240 CHECKS 503,262 .85 NOT RECONCILED CHECKS .00 VOIDED CHECKS .00 UPDATED 240 CHECKS 503,262 .85 NOT UPDATED CHECKS .00 ~-y~ .. ~ R.~ ~I/~ `]~TooDBURN ~,,.. .:<<,r ~„~~, October 13, 2008 TO: Honorable Mayor and City Council through City Administrator VIA: Natalie Labossiere, Interim Community Development Director FROM: Donald Dolenc, Associate Planner SUBJECT: Annexation 2008-01 and Zone Change 2008-01, Located at 2400 North Pacific Highway. RECOMMENDATION: Adopt the ordinance approving the annexation and zone change. BACKGROUND: The applicant, Jesse Lovrien, on behalf of Cascadia-Woodburn Self Storage 1, LLC requested that a single 0.48 acre parcel be annexed to the City of Woodburn and that it be zoned Commercial General (CG). The subject property is zoned Commercial Retail by Marion County and is designated Commercial on the Woodburn Comprehensive Plan Map. The Council held a public hearing on September 22, 2008 and instructed Staff to prepare an ordinance approving the annexation and zone change. DISCUSSION: None. FINANCIAL IMPACT: This decision is anticipated to have no public sector financial impact. Agenda Item Review: City Administrator~~S~-~ City Attorneys ~' ~ `'1 Finance COUNCIL BILL NO. 2747 ORDINANCE NO. AN ORDINANCE ANNEXING 0.48 ACRES OF PROPERTY INTO THE CITY OF WOODBURN LOCATED ON THE EAST SIDE OF PACIFIC HIGHWAY 99E AND NORTH OF STATE HIGHWAY 211 AT 2400 NORTH PACIFIC HIGHWAY; AND GRANTING A ZONE CHANGE FROM MARION COUNTY CR (COMMERCIAL RETAIL) ZONE TO CITY OF WOODBURN CG (COMMERCIAL GENERAL) ZONE. WHEREAS, the applicant, Jesse Lovrien, submitted the following applications: Annexation 2008-O1, and Zone Change 2008-O1, and WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have established certain land uses within the City of Woodburn's Urban Growth Boundary; and WHEREAS, the Woodburn City Council has reviewed the record pertaining to said applications and heard all public testimony presented on said applications; NOW, THEREFORE THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the subject property is owned by Cascadia-Woodburn Self Storage 1, LLC and is legally described in Exhibit "A" which is affixed hereto and by this reference incorporated herein. Section 2. That the subject property is depicted on the Exhibit Map for Annexation which is affixed hereto as Exhibit "B" and is by this reference incorporated herein. Section 3. That the subject property is annexed to the City of Woodburn. Section 4. That the zoning designation of the subject property is changed from Marion County CR (Commercial Retail) to City of Woodburn CG (Commercial General) and the Woodburn Zoning Map is amended to reflect this change. Section 5. That these land use actions are justified and explained by the Findings in Support, affixed hereto as Exhibit "C" and by this reference incorporated herein, which the City Council finds to be reasonable. ~/~-f ~~ Approved as to form: ' v ~ _~ City Attorney Date Page 1-COUNCILBILLNO. 2747 ORDINANCE NO. Approved: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Attest: Mary Tennant, City Recorder City of Woodburn, Oregon Kathryn Figley, Mayor Page 2-COUNCILBILLNO. 2747 ORDINANCE NO. Order No. C"713i58 Page 5 Exhibit "A" Beginning at the intersection of the Easterly line of the Pacific Highway and the North line of Lot 2, Woodburn Fruit Farms, Marion County, Oregon (See Volume 2, Page 20, Record of Town Plats for said County and State); thence East along the North line of said Lot 2, 250.00 feet; thence Southwesterly parallel with said Easterly line to the Pacific Highway, 100.00 feet; thence West parallel with the North line of said Lot, 250.00 feet to said Easterly line of the Pacific Highway; thence Northeasterly along said line, 100.00 feet to the place of beginning. Save and ExcFpt that pcrtior. conveyed to the State cf Oregcn, by and through it's Department of Transportation by deed recorded August 8, 1991 in Reel ai4, Page 41:, Fim F.ecords, M3ricr. County, Ore;cr.. ~ REC'D ~~ kPR 2 1 ?.~08 `JVOODBURN COlu1NfUNITv DEVELOPti9ENT DEP?. Exhibit "B" Zoning Map J EXHIBIT "C" WDO 5.104.01 Annexation 1. The applicant submitted a fully executed annexation petition on a form provided by the City, a deed for the subject property that describes the property by a series of courses in which the first course starts at a point of beginning and the final course ends at that point of beginning -each course being identified by bearings and distances -and an application for zone change, all in compliance with WDO 5.104.O1.C. 2. The proposed annexation consists of a single 0.48 acre property bounded on three sides by the City limits, would be a compact service area for the City, would reflect a cohesive land area, would provide an opportunity for growth, and would be in keeping with the City's goals and capacity to serve urban development, all in compliance with Comprehensive Plan Goal D-1. 3. The applicant clearly established the intent of each proposed expansion as being to expand the existing self-storage facility on abutting property, and Staff assessed the proposal's conformance with the City's plans and faci]ity capacity and its impact on the community prior to deeming an annexation application complete, all in compliance with Comprehensive Plan Goal D-2. 4. Inclusion of the property in the City would be of benefit to the City and would foster an efficient pattern of urban development in the City, in compliance with Comprehensive Plan Goal D-3. 5. The subject property is designated Commercial in the current Comprehensive Plan. The proposed annexation would extend the development pattern of the community and would provide for efficient use and extension of City facilities and services. The proposed annexation complies with Comprehensive Plan Goal D-4. 6. The proposed annexation would be relatively small and would not upset the residential/commercial equilibrium of the City. The annexation complies with Comprehensive Plan Goal D-5. 7. The proposed annexation would be relatively small, would expand an existing compact land use, and would not lead to inefficient, sprawling development. The annexation complies with Comprehensive Plan Policy D-1-1. 8. The subject property is located approximately 2.3 miles east of Interstate 5. Comprehensive Plan Policy D-2-2 does not apply to this annexation. 9. This annexation allows the City to control the addition of land to the City, and complies with Comprehensive Plan Policy D-3-3. 10. The annexation petition complied with Comprehensive Plan Policy D-5-5 paragraph a. 1 1. The annexation petition conformed to the annexation criteria and standards. Comprehensive Plan Policy D-6-6 does not apply to this annexation. 12. Findings: The subject property abuts the City limits along its east, south, and west sides. The subject property fronts on Pacific Highway 99E. The water system map shows an 8-inch ductile iron pipe along the Highway 99E frontage. The Public Works Department reports that I:\Community Development\Planning\2008\Annexation`?400 N. Pacific Hwy - Cascadia Development (ANX ?008-01, ZA 2008-04)\Exhibit C Council reso[ution.doc Page 1 of 2 the sewer system in the area has adequate capacity to accommodate the subject property -but does not have a lateral abutting the property. The abutting property to the south is in common ownership and is connected to the City sewer through a private collection system. The drainage system map shows an existing storm drain along the Highway 99E frontage. The applicant would be responsible for the extension of public facilities to serve the property if annexed into the City limits. The annexation complies with WDO 5.104.O1.D.l.b. 13. Expansion of the existing self-storage facility would provide additional employment opportunities in the City. The proposed expanded self-storage facility would not require the expansion of infrastructure or additional service capacity. An expanded self-storage facility would support the economic diversification of the City. The annexation complies with WDO 5.104.01.D. l .c. 14. The petition was signed by the property owner. The subject property is not inhabited. The annexation petition complies with V~'DO 5.104.O1.E.l.a and b. 5.104.04 Zoning Map Change, Owner Initiated 1. The applicant's submittal included a completed City application form, filing fee, deeds, notification area map and labels, written narrative statement regarding compliance with criteria, and location map. The subject property abuts Pacific Highway 99E. Pacific Highway 99E is designated as a Major Arterial in the Transportation System Plan. The proposed annexation would not change the functional classification of an existing or planned transportation facility, change the standards implementing a functional classification system, allow types or levels of land use that would result in levels of travel or access that are inconsistent with the functional classification of a transportation facility, or reduce the level of service of the facility below the minimum acceptable level identified in the Transportation System Plan. Conclusion: No Transportation Impact Analysis is required for the instant case. The application meets the requirements of WDO 5.204.04.B. 2. The abutting property to the south is in common ownership and is developed with aself-storage facility. The owner has indicated that the subject property would be used to expand the self- storage facility. The proposed zone change meets the requirements of WDO 5.104.04.C.1. 3. The subject property is bounded on three sides by the City limits. The proposed zone change meets the requirements of WDO 5.104.04.C.2. 4. The subject property abuts Pacific Highway 99E. Pacific Highway 99E is designated as a Major Arterial in the Transportation System Plan. The property is designated Commercial in the Comprehensive Plan Map. The zone change would allow land uses that are consistent with the planned function of Pacific Highway 99E. The annexation meets the requirements of WDO 5.104.04.C.3. The zone change is not proposed to be subject to specific conditions. Compliance with WDO 5.104.04.D is the responsibility of the Community Development Director, not the applicant. l:`,Community Development\Planning'~2008\Annexation\2400 N. Pacific Hwy - Cascadia Development (ANX 2008-01, Z.A 2008-04)\Exhibit C Council resolution.doc Page 2 of 2 ~y~, I' ' ~OODBUR,j~j . ~.... ,.,sa A iz~,. October 13, 2008 TO: Honorable Mayor and City Council through City Administrator FROM: Natalie Labossiere, Interim Community Development Director SUBJECT: Assertion of common law vested rights for the property located at 500-510 and 514 North Pacific Highway and identified on Marion County Tax Assessor's maps as tax lot O51 W 178000200. RECOMMENDATION: Adopt the resolution denying the claim of common law vested rights. BACKGROUND: On September 22, 2008, the Council instructed Staff to prepare a resolution denying Mr. Delbert Gottsacker's claim of vested rights for the above referenced property. The following resolution sets forth findings and conclusions based on all documents and testimony received regarding this claim. DISCUSSION: None. FINANCIAL IMPACT: This decision is anticipated to have no public sector financial impact. Agenda Item Review: City Administrator-~~ City Attorney ~ Finance COUNCIL BILL NO. 2748 RESOLUTION NO. A RESOLUTION DENYING A CLAIM FOR COMMON LAW VESTED RIGHTS FOR THE PROPERTY LOCATED AT 500-510 AND 514 NORTH PACIFIC HIGHWAY. WHEREAS, Del Bert Gottsacker ("Claimant") asserted a common law vested rights claim for the property located at 500-510 and 514 North Pacific Highway (tax lot 051 W 178000200), and; WHEREAS, on September 8, 2008, the City Council held a public hearing to address Claimant's assertion of vested rights, and; WHEREAS, the Council considered all evidence presented regarding the subject property, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Based upon the evidence presented, the City Council denies the common law vested rights claim for the property located at 500-510 and 514 North Pacific Highway (tax lot 051 W 17B000200). Section 2. This decision is based upon evidence in the record before the Woodburn City Council and is justified by the findings and conclusions which are attached as Exhibit "A" and b1y this reference are incorporated erejn. A roved as to form: ~ U '~~~` ~ ~---J 1 ~ ~~' ~ ~'r ~ pP City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 2748 RESOLUTION NO. Exhibit "A" Evaluation of Claim for Common Law Vested Rights Under decisions of the Oregon courts, whether a person has a vested right to complete a use (despite a change in law) is an issue of fact, to be decided on a case-by-case basis. The issuance of a Measure 37 waiver does not, by itself, create a common law vested right. For an owner to have acquired a vested right to proceed with construction, the commencement of construction must have been substantial or substantial costs toward completion of the development must have been incurred. Clackamas County v. Holmes, 265 Or 193, 197 (1973). Measure 49 Section 5(3) requires that Claimant must show that he his right to complete and continue a use was vested on or before December 6, 2007. Accordingly, the Council has reviewed only those activities and expenditures made on or before December 6, 2007. The Council reviewed Claimant's vested rights claim using the factors that the Oregon appellate courts have considered in determining whether a particular development has progressed to the point where the owner has a vested right. These include the following: 1. The amount of money spent on developing the use in relation to the total cost of establishing the use; 2. The good faith of the property owner; 3. Whether the property owner had notice of the proposed change in law before beginning the development; 4. Whether the improvements could be used for other uses that are allowed under the new law; 5. The kind of use, location and cost of the development; and 6. Whether the owner's acts rise beyond preparation (land clearing, planning, etc.). The Council reviewed all information submitted by Claimant including contents of both Measure 37 claim files associated with the subject property and additional information submitted on June 27, 2008. The amount of money spent on developing the use in relation to the total cost of establishing the use. Claimant stated in the Measure 49 submittal that "[t]he money spent, was to protect the uses established through Measure 37 claim and the waiver granted to me by the City Council of Woodburn, rather than paying me $205,000.00 Damages." Claimant itemizes the expenditures as: Attorney's fees X4981.00 Appraisal fee 2,500.00 Measure 37 filing fees 1,000.00 Title Report fees 450.00 Copying and supplies 711.00 Page 1 of 3 Landscaping and curb 390.00 Loss of rent 52,912.00 Claimant provided documentation only for the "landscaping and curb." No other documentation was provided to support the expenditures of Attorney's Fees, Appraisal fee, title report fees, copying and supplies. In reviewing all information available, it appears that the money spent related to attorney fees, appraisal fee, Measure 37 filing fees, and title report fees are not attributable to money spent in developing the "uses" allowed by the Measure 37 claim. These expenses occurred to obtain the Measure 37 approval, not to proceed with development after the approval. Loss of rent is not "money spent on developing the use" and is not applicable to the determination of common law vested rights. Claimant has not specified a use(s) that the expenditures were intended to establish. Claimant has not provided any documentation related to actual or estimated total cost of establishing his intended use(s). Conclusion: Claimant has not established that any "use" has been commenced pursuant to the Measure 37 waiver. The money spent by Claimant does not appear to have been spent in developing a use. Because Claimant has not articulated a use or estimated the total cost of establishing the use, it is not possible to evaluate the amount of money spent on developing the use in relation to the total cost of establishing the use. 2. The good faith of the property owner. Nothing in the information reviewed suggests that any actions taken by Claimant were made to beat the potential enactment of Measure 49. Conclusion: The City does not dispute the good faith of Claimant. 3. Whether the property owner had notice of the proposed change in law before beginning development. The Council is unaware if Claimant had notice of the change in law. Claimant did not assert that he did not have notice of the change in law. 4. Whether any improvements could be used for other allowed uses. The only improvements to the subject property are the landscaping and curb. Claimant did not submit any information regarding the nature and extent of these improvements. Page 2 of 3 Conclusion: The nature and extent of the landscaping and curb improvements is unknown. However, such improvements could reasonably be expected to be shared with or used for other allowed uses, including the uses currently existing on the property. 5. The kind of use, and the location and cost of the development. Claimant has not provided information on the specific use commenced, location of such use, or the cost of the developing that use. The Council is not aware of any design review or building permit applications submitted for the commencement of any development of Claimant's property. Conclusion: Claimant has not commenced any use pursuant to his Measure 37 approval. 6. Whether the property owner's acts are more than mere contemplated use or preparation, such as the leveling of land, boring test holes, or preliminary negotiations with contractors or architects. Claimant has provided expenditures for copying, supplies, and landscaping and curb improvements. Conclusion: Claimant's expenditures and improvements are of a similar or lesser magnitude than such activities as leveling of land or boring test holes. Claimant stated that the expenditures were "to protect the uses established through Measure 37 claim" rather than to continue development of a new use that would be protected by common law vested rights. Overall Conclusions Claimant has not sustained a claim of common law vested rights. Claimant has not articulated or documented a specific development use or project that was substantially begun before the enactment of Measure 49 on December 6, 2007. Page 3 of 3 v' ~;;~.~~~, w'ooDBVRN October 13, 2008 TO: Honorable Mayor and City Council through City Administrator In Capacity as Local Contract Review Board FROM: Dan Brown, Public Works Director SUBJECT: AUTHORIZE THE CITY ADMINISTRATOR TO ENTER INTO AN OREGON PARTNERSHIP FOR DISASTER RESILIENCE MEMORANDUM OF UNDERSTANDING RECOMMENDATION: Approve the attached resolution authorizing the City Administrator to enter into an Oregon Partnership for Disaster Resilience Memorandum of Understanding. BACKGROUND: Cities within Oregon can become eligible for FEMA mitigation grants provided they have an approved hazard mitigation plan or have participated in a FEMA approved multi-jurisdiction hazard mitigation plan. As an incorporated city, a jurisdiction is not automatically covered under the Disaster Mitigation Act of 2000 once a county finalizes and adopts its plan. Cities desiring to be included within a hazard mitigation plan must meet four specific requirements defined in 44 CFR Part 201.6. The four criteria are: • Document how the city participated in the planning process. • Review the county risk assessment and clearly indicate where the city risks vary from the risks identified by the county. • Develop mitigation strategies in the form of action items that specifically address each of the city's exposure to natural hazards. • Formally adopt the mitigation plan addendum with specific reference to the county hazard mitigation plan via resolution. Without participating in a mitigation plan addendum the City would not be eligible for a FEMA Pre-Disaster Mitigation Grant program that provides funding for risk reduction activities without having a disaster declaration. Additionally, Agenda Item Review: City Administrat°~ City Attorney ~ Finance Honorable Mayor and City Council October 13, 2008 Page 2 without aFEMA-approved mitigation plan or addendum, the City is not eligible for Hazard Mitigation Grant Program which provides funding for risk reduction in communities with federal disaster declarations following a disaster event. The Oregon Natural Hazards Workgroup has prepared all of the county mitigations plans throughout the state and understands the criteria that FEMA will be assessing plan amendments. A intern will be assigned to assist the City Public Works staff prepare the pre-disaster mitigation plan. D{SCUSSfON: The primary purpose of the agreement is to promote communication, coordination and collaboration among partners to develop and adopt city addenda to the Marion County Natural Hazard Mitigation Plan. Each signatory participant agrees to promote and support a cooperative and collaborative environment amongst all signing partners, including the Oregon Partnership for Disaster Resilience and those jurisdictions of Marion County. The collaborative partnership will serve to advance these two primary objectives: Develop jurisdiction level non-regulatory natural hazard mitigation plans, and 2. Expand mutually beneficial activities which: • Further the County's effort to reduce risks, and • Demonstrate the benefits of taking specific, creative and collaborative actions to reduce deaths, injuries, property damage, economic losses and human suffering caused by natural disasters. City/Partner jurisdiction activities and contributions may include, but are not limited to: • Designate a primary point of contact (liaison); • Develop and foster crucial relationships among governments, nonprofit institutions, and the private sector; • Identify and organize a plan development Steering Committee; • Attend the Pre-Disaster Mitigation plan development training series; • Provide community-specific information relevant to the mitigation plan to the Partnership staff; Honorable Mayor and City Council October 13, 2008 Page 3 • Document city level in-kind match toward the development of the city addendums; and • As project funding becomes available, implement mitigation measures that are effective in reducing losses through partnerships that are essential for the success of these efforts. Attached is a copy of the proposed Memorandum of Understanding that the Oregon Natural Hazards Workgroup recommends for City approval. FINANCIAL IMPACT: The cost of preparing the hazard mitigation plan is paid for by 25 percent local dollars to obtain 75 percent federal dollars. The City will be able to credit staff time used to prepare the mitigation plan towards its 25 percent local match. COUNCIL BILL NO. 2749 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN OREGON PARTNERSHIP FOR DISASTER RESILIENCE MEMORANDUM OF UNDERSTANDING WHEREAS, the City Council considers the participation in pre-disaster mitigation planning for public safety and economic benefit of the community as being necessary and beneficial; and WHEREAS, The City, by policy, endeavors to apply both land use planning and the identification of municipal capital improvement projects that reduce the risk of public safety and economic loss to the community in the event of a natural disaster, and WHEREAS, the cost associated with participating in this pre-disaster mitigation planning is a 25 percent local match of the total project cost, with 75 percent of the project cost receiving Federal funding through a FEMA grant program, and WHEREAS, completion of the pre-disaster mitigation plan provides an opportunity for the City to engage the community in identifying potential hazards and opportunities to mitigate those hazards enhance public safety and the economic resiliency of the community in the event of a natural disaster. WHEREAS, the City Council designates the Public Works Department as the lead department in the preparation and implementation of the Pre-disastcr Mitigation Plan, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enters into the Oregon Partnership for Disaster Resilience Memorandum of Understanding, which is affixed hereto as Attachment "A" and incorporated herein. Section 2. That the City Administrator be authorized to sign said memorandum. Approved as to form:`' ~ ~'~ ~ ~`/~ l ~ ~' j` '' ~ City Attorney Da e Page I -COUNCIL BILL NO. 2749 RESOLUTION NO. APPROVED: Kathryn Figley, Mayor Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the Off ce of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 2 -COUNCIL BILL NO. 2749 RESOLUTION NO. ATTACHMENT ~r Page ~ of _~_ nREG()ti YAR"ll"tiERSITTP F()R UISASTF:R KF:SII.IF;`C'F: ~7EMOItAtiDL':N nt: t;til1F:RSTAtiUIti(~ ~ti rr-i OREGO'.~'S'1ATL:RAL HAZARD REC:TO?~ 3: ltiCl.l. UIN(:: The Citics of: AURORA, Kt:IZF.R, SILVERTON A11) WUOI)l3t;Rti This collaborative partnership sets forth a Memorandum of Understanding amongst the cites of Aurora, Keizer, Silverton, and Woodburn under the Oregon Partnership for Disaster Resilience Oregon Showcase State Initiative ("The Partnership'. The primary purpose of this agreement is to promote communication, coordination and collaboration among partners to develop and adopt city addenda to the Marion County Natural Hazard Mitigation Ptan. This increase in communication and collaboration will help leverage our limited resources to promote awareness of natural hazard risks and facilitate risk reduction strategies. Each signatory participant agrees to promote and support a cooperative and collaborative environment amongst all signing partners, including the Oregon Partnership for Disaster Resilience and those jurisdictions in Marion County. The collaborative partnership will serve to advance these two primary objectives 1. Develap jurisdiction level non-regulatory natural hazard mitigation plans. and 2. Expand mutually beneficial activities which: • Further the County's efforts to reduce risks, and • Demonstrate the benefits of taking specific, creative and collaborative actions to reduce deaths, injuries, property damage, economic losses and human suffering caused by natural disasters. PARTNER CONTRIBUTIONS The Memorandum of Understanding wit{ be implemented by Region 3 participating cities and The Partnership's public and private partners to the extent to which existing city and The Partnership budgets and staff resources allow. This partnership will be characterized with the slogan: "Working in Partnership to Build a More Disaster Resilient Region." City~Partner jurisdiction activities and contributions may include, but are not limited to' • Designate a primary point of contact (liaison); • Develop and foster crucial relationships among governments, nonprofit institutions, and the private sector; • Identify and organize a plan development Steering Committee; • Attend the Pre-Disaster Mitigation plan development training series, • Provide community-specific information relevant to the mitigation plan to the Partnership staff; • Document city level in-kind match toward the development of the city addendums, and • As project funding becomes available. implement mitigat,on measures that are effective in reducing losses through partnerships that are essential for the success of these efforts. ATTACHMENT Page ,,,~ of The Oregon Partnership for Disaster Resilience: Oregon Showcase State supports the reg~ona+ partnership to the extent to which existing Partnership budgetary and staff resources allow The contributions from Oregon Offrce of Emergency Management 8 the Partnership at the University of Oregon's Community Service Center may include, but are not limned to. • Support local plan development and activities: • Offer connections to the state planning goals and activities: • Assist in locating and providing technical data; • Facilitate plan development work sessions with each participating community; • Assist in identifying (but not providing) matching funds for grant documentation: • Provide Pre-Disaster Mitigation plan development and other relevant training sessions • Provide communities with a CD copy of the Partnership city addendum template and additional technical resources; • Provide assistance through the FEMA review and local adoption process: • Serve as information clearinghouse (Partnerships in Action newsletters and The Partnership website). IN WITNESS WHEREOF, the parties have executed this agreement as of the date and year set forth below: Signing Partner: ~w Dated f ~~ti^r --~1, •ntLx.~_.~... V~TOODBUR j~J 1 II . . r ~+ . r sl 1 i ~1 J ti~ .t~ `/ September 13, 2008 TO. Honorable Mayor and City Council FROM: Scott D. Russell, Interim City Administrator and Chief of Police SUBJECT: NORCOM ORS 190 Interagency Agreement RECOMMENDATION: It is recommended the City Councii adopt the attached resolution and authorize the Mayor to sign the attached Interagency Agreement in order to continue the City of Woodburn's participation in the North Marion County Communications Center (NORCOM). BACKGROUND: Since 1995 the City of Woodburn has participated as a founding member in the North Marion County Communications Center (NORCOM) ORS 190 agency. Through the years the City has assisted NORCOM in its efforts to raise the level of professionalism and service for 911 emergency telecommunication and dispatch in the North Marion County Area. Most recently the move of the center to the new police facility has provided a leap in technology and capability that would not have been possible without the support of the City of Woodburn. This partnership has been supported by the NORCOM administration and the user board. As a component of continuous improvement the existing ORS 190 agreement was reviewed over the last year by a committee of users (including the City of Woodburn) and found to very archaic, unclear in certain areas, and detrimental to ongoing operations. DISCUSSION: The NORCOM User Board ORS 190 subcommittee worked for nearly a year on a new draff agreement which was then vetted through the legal departments of the involved agencies, The current form of the agreement has been approved by the involved entities and has already been signed by a number of political subdivisions. The NORCOM users consist of the Aurora Fire District, the City of Aurora, the Drakes Crossing Fire District, the City of Donald, the City of Gervais, the Hubbard Fire District, the City of Hubbard, the Monitor Fire District, the Mt Agenda Item Review; City Admi City Attorney ~ ~ ~ ~~ Finance - Mayor and City Council December 4, 2006 Page 2 Angel Fire District, the City of Mt. Angel, the Woodburn Fire District, the City of Woodburn, the Silverton Fire District, the City of Silverton, the St. Paul Fire District, the City of Scotts Mills, Marion County by and through the Marion County Sheriff's Office, and the City of St. Paul. The new Agreement amends and restates the terms and conditions of membership and the provisions of the prior Intergovernmental Agreement. It provides for an executive board to make day to day decisions about the agency (which reduces quorum issues generated by such a large user board), while preserving budgetary and important policy decisions for the entire user board. The new agreement also eliminates archaic, unclear, and unneeded language from the Agreement. The City of Woodburn is currently a member of NORCOM, and staff recommends that Council consent to new membership in NORCOM based upon the terms and conditions of the new intergovernmental agreement pursuant to ORS 190.085. All user board agencies have reviewed the current version and are ready to sign. FINANCIAL IMPACT: Funding for NORCOM services is currently addressed in the FY 2007-2008 Police Department Budget. COUNCIL BILL NO. 2750 RESOLUTION NO. A RESOLUTION ADOPTING AN INTERGOVERNMENTAL AGREEMENT FOR THE NORTH MARION COUNTY COMMUNICATIONS CENTER (NORCOM) AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the City of Woodburn is a member of the North Marion County Communications Center (NORCOM) created by an intergovernmental agreement pursuant to ORS Chapter 190; and WHEREAS, the parties to NORCOM consist of the Aurora Fire District, the City of Aurora, the Drakes Crossing Fire District, the City of Donald, the City of Gervais, the Hubbard Fire District, the City of Hubbard, the Monitor Fire District, the Mt Angel Fire District, the City of Mt. Angel, the Woodburn Fire District, the City of Woodburn, the Silverton Fire District, the City of Silverton, the St. Paul Fire District, the City of Scotts Mills, Marion County by and through the Marion County Sheriff's Office, and the City of St. Paul; and WHEREAS, these entities desire to amend and restate the terms and conditions of membership and the provisions of the prior Intergovernmental Agreement by entry into a new agreement affixed hereto as Attachment "A" and incorporated by reference; and WHEREAS, the City of Woodburn is a current member of NORCOM and is willing to consent to new membership in NORCOM based upon the terms and conditions of the new intergovernmental agreement; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 190.085, the City of Woodburn approves the Intergovernmental Agreement for the North Marion County Communications Center (NORCOM) affixed hereto as Attachment "A" and incorporated by reference and consents to joinder by the Aurora Fire District, the City of Aurora, the Drakes Crossing Fire District, the City of Donald, the City of Gervais, the Hubbard Fire District, the City of Hubbard, the Monitor Fire District, the Mt Angel Fire District, the City of Mt. Angel, the Woodburn Fire District, the Silverton Fire District, the City of Silverton, the St. Paul Fire District, the City of Scotts Mi{{s, and Marion County by and through the Marion County Sheriff's Office, and the City of St. Paul. Section 2. The Mayor is authorized to sign said agreement on behalf of the City. Page 1 -Council 8i11 No. Resolution No. Approved as to form: Approved: Passed by the Council ~-~-%~~ City Attorney f~l~- ~ - 2~~ ~ Date Kathryn Figley, Mayor Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 2 -Council Bill No. Resolution No, ATTAC MENT ~t Page ~ of INTERGOVERNMENTAL AGREEMENT NORTH MARION COUNTY COMMUNICATIONS CENTER THIS INTERGOVERNMENTAL AGREEMENT OF NORTH MARION COUNTY COMMUNICATION CENTER is made and entered into by and between the governmental, public and private safety agencies, which have signed this Agreement creating the North Marion County Communication Center Intergovernmental Agreement (hereinafter collectively referred to as NORCOM. NORCOM is an intergovernmental entity formed under O.R.S. 190.010, et seq. PREAMBLE THIS AGREEMENT is made and entered into by and between the Aurora Fire District, City of Aurora, Drakes Crossing Fire District, City of Donald, City of Gervais, Hubbard Fire District, City of Hubbard, Monitor Fire District, Mt Angel Fire District, City of Mt. Angel, Woodburn Fire District, City of Woodburn, Silverton Fire District, City of Silverton, St. Paul Fire District, City of Scotts Mills, Marion County Sheriff's Office, and the City of St. Paul. WITNESSETH: WHEREAS, the undersigned desire to establish and maintain a Public Safety Answering Point (PSAP) and consolidated communications center, and WHEREAS, ORS 190.010 authorizes governmental entities to agree to the joint provision of communications services and to create an Agency to provide these services; and WHEREAS, it is one of the objectives of said Agency to provide consolidated telephone, radio communications and dispatching services; and WHEREAS, the creation of said Agency will provide consistent police, fire and medical communication service within the boundaries of the area served; and WHEREAS, the establishment and maintenance of such services will be of benefit to the citizens of the undersigned User Entities and the public in general. WHEREAS, the Intergovernmental Agreement between User Entities of the Woodburn 9-1-1 P.S.A.P. (executed in 1987) and the ORS190 Agreement executed in July 1995 is repealed and replaced by this Agreement; and WHEREAS, the Intergovernmental Agreement identifying the consolidation between Silver Falls 9-1-1 Center and North Marion County Communication Center effective December 15, 2003 is repealed and replaced by this Agreement; and NOW, THEREFORE, it is agreed as follows: SECTION 1 -DEFINITIONS The terms used in this Agreement shall have the meanings set forth in this section. A. Agency- North Marion County Communications (NORCOM) B. Agreement- This Intergovernmental Agreement for Communications Services C. Chair -The officer elected by the Governing Board to preside over the Board meetings. ATTACHMENT Page ~ of D. Desienated Voting Representative -The individual who has been authorized by a User Entity to vote on issues before the Governing Board. E. Director -The chief administrative officer of NORCOM. Executive Board -Elected User Entity representatives responsible for operations and leadership of the center. G. Fiscal Year -One funded year of operations, beginning on July 1 and ending on June 30 of the following year. H. Governine Board- The Representatives from each User Entity as further specified in this Agreement. NORCOM -Acronym for North Marion County Communications Public or Private Safetv Agency -Any unit of state or local government, aspecial - purpose district or a private firm that provides or has authority to provide fire-fighting, police, ambulance or emergency medical services. K. Public Safetv Answerin Pg Dint (PSAP) - A 24 hour communications facility answering 9-1-1 calls originating within a given service area, and processing those calls by direct dispatch, call relay or transfer to the appropriate public or private safety agency. L. uorum - A majority of the User Entity members of the Governing Board or Executive Board who must be present for the valid transaction of business. M. Second Vice-Chair -The officer elected by the Governing Board to act as the Board Chair in the absence of the Chair and Vice-Chair N. Service Area -Geographical Boundary identified through the Primary Public Safety Answering Point Jurisdiction through the Oregon Emergency Management Office. O. User Entity - A governmental entity that signed this Agreement or that contracts with the Agency for dispatch and/or call answering service through a formal Agreement. The User Entity is a member of the Governing Board and has an equal vote on the Governing Board. A User Entity may be elected to the Executive Board. P. Vice Chair -The officer elected by the Governing Board to act as the Chair in his or her absence. Q. 9-1-1 Service Area -The geographical area that contains the entire central office servicing area from which the primary PSAP will have the capability to answer calls placed to 9-1-1. SECTION 2 -POWERS AND AUTHORITY A. There is an established Agency, hereby created, to be known as North Marion County Communications, and referred to as NORCOM. Said Agency shall have the responsibility and authority, among others, for emergency service communications and functions incidental thereto, for the purpose of communication and dispatching in the furtherance of public safety and emergencies within the boundaries of its 9-1-1 Service Area. 2 ATTACHMENT Page ~ of , B. Supervision and management of NORCOM shall be exercised by a Director by authority of the Executive Board and consistent with the direction of the Governing Board. C. NORCOM is hereby vested with all powers, rights and duties necessary for performing the functions of a 9-1-1 Public Safety Answering Point (PSAP) and initiating appropriate response pursuant to ORS 401.710 to 401.790, including, but not limited to, contracting for such services. SECTION 3 - NORCOM GOVERNING BOARD A. The Governing Board shall consist of: One person elected from and by each User Entity. Each User Entity may determine its designated voting representative using whatever method it desires. As of the date of this Agreement, the User Entities with designated voting representatives on the Governing Board, are as follows: (a) City of Aurora (b) City of Donald (c) City of Gervais (d) City of Hubbard (e) City of St. Paul (f) City of Woodburn (g) Aurora Fire District (h) Hubbard Fire District (i) Monitor Fire District (j) St. Paul Fire District (k) Woodburn Fire District (1) Marion County Sheriffs Office (m) City of Mt Angel (n) Mt. Angel Fire District (o) City of Silverton (p) Silverton Fire District (q) City of Scotts Mills (r) Drakes Crossing Fire District 3. Additional User Entities maybe added to the Governing Board as provided in Section 12. 4. Each User Entity which becomes a member of this Agreement following the date this Agreement is signed shall be entitled to have one designated voting representative on the Governing Board. Designated voting representatives shall be entitled to vote on all matters before the Governing Board unless prohibited by law. 5. Each User Entity may exercise its own vote but shall not represent another User Entity by proxy. 6. In the event of a vacancy, the affected User Entity shall submit, in writing, within 72 hours of the next board meeting, the name of the representative to fill the vacancy. ATTACHMENT Page ~ of 7. When a User Entity no longer contracts services from NORCOM, its representation on the Governing Board shall cease. B. The Board shall be governed by the following procedures: Officers of the Governing Board shall be identified as the Chair, First Vice- Chair and Second Vice-Chair. (a) The Chair of the Board shall serve atwo-year commitment to the Governing Board elected in January of even numbered years. (b) The First Vice Chair shall serve atwo-year commitment to the Governing Board elected in January of odd numbered years. (c) The Second Vice Chair shall serve atwo-year commitment to the Governing Board elected in January of even numbered years. (d) If an officer is unable to complete his or her term, the Governing Board shall accept nominations for the vacant position, and hold an election at the next regularly scheduled meeting to fill the vacancy. 2. The Chair, First Vice Chair and Second Vice Chair will serve as officers of both the Governing Board and the Executive Board 3. The Governing Board shall meet at least twice each fiscal year. Special meetings may be called at any time by the Board Chair or at the written request of any three (3) User Entities upon at least three (3) days prior written notice. An emergency meeting may be held on such notice that is reasonable under the circumstances. 4. For the purpose of conducting business, a quorum shall consist of the designated voting representatives of no less than 51 % of User Entities. 5. The affirmative vote of a majority of the designated voting representatives of the Governing Board present at a board meeting shall be necessary to decide any question or issue before the Governing Board. 6. All meetings of the Governing Board shall be noticed and held in accordance with the Oregon Public Meetings Law, ORS 192.610 - 192.710. 7. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to business before the Governing Board. 8. The Governing Board may adopt such policies and procedures as may be necessary to conduct its business, consistent with this Agreement. 9. The Governing Board may approve, modify or terminate agreements on behalf of NORCOM to provide communications to include call reception and/or dispatch services to any person, firm, corporation, local government or agency of government. C. The Governing Board shall be responsible for: Providing direction and assistance to the Executive Board. Electing the Executive Board from the Governing Board. (a) The Chair, First Vice Chair and Second Vice Chair shall serve as Officers of the Executive Board. 4 iii fACHVtNT~ , Page ~ of ~~_ 3. Establishing employment terms and conditions, including compensation and termination of a Director. 4. Establishing NORCOM services. 5. Adopting an annual operating budget, in accordance with ORS 294.900 to 294.930, including determination of User Entity assessments (in accordance with an agreed upon User Fee Formula). Refer to Section 7. 6. Obtain and review an annual audit of NORCOM's finances by an independent accounting firm (CPA) for the purposes of receiving an opinion on the financial statements of NORCOM. 7. Promulgating rules for the orderly management of NORCOM's personnel matters. 8. Approving new User Entities of NORCOM. 9. Adopting a Personnel Policies Manual and Standard Operating Procedures (SOP's) for NORCOM. SECTION 4 NORCOM EXECUTIVE BOARD A. The Executive Board shall act on behalf of the Governing Board in carrying out adopted policies or acting on approved budgetary items. B. The Executive Board, in its discretion, may create special committees and subcommittees as may be necessary. C. The Executive Board functions shall be as follows. 1. Supervision evaluation and discipline of the Director excluding termination and to recommend contract employment terms and conditions for the Director, subject to Governing Board ratification. 2. To act as liaison between the Governing Board and the Director. D. All acts of the Executive Board may be reviewed by the Governing Board. E. The Executive Board shall consist of five (5) members from the Governing Board as defined: 1 "fhe Board Chair 2 The Board First Vice-Chair 3 The Board Second Vice-Chair 4 Two (2) members at large of which the following disciplines must be included: a. One (1) Law Enforcement Representative Position 1 b. One (1) Fire District Representative -Position 2 S ATTACHMENT-- Page ~ of The Executive Board includes five (5) User Entities. The Executive Board shall include no more than three (3) User Entities from the same discipline [police or fire user entity] on the Executive Board. The Governing Board shall elect members to serve in the at large positions on the Executive Board at the first Governing Board meeting in January. (a) Terms of election to the Executive Board are: a. Position 1 shall serve two-year commitments to the Executive Board elected in even numbered years. b. Position 2 shall serve two-year commitments to the Executive Board elected in odd numbered years. If an officer is unable to complete his or her term to the Executive Board, the Governing Board shall accept nominations for the vacant position, and hold an election at the next regularly scheduled Governing Board Meeting to fill the vacancy No User Entity may have more than one representative on the Executive Board. F. The Executive Board shall meet at least four (4) times each fiscal year on a quarterly basis. Meetings shall occur on the third Wednesday of March, June, September and December unless posted otherwise. Special meetings may be called at any time by the Board Chair or at the written request of any three (3) User Entities upon at least three (3) days prior written notice. An emergency meeting may be held on such notice that is reasonable under the circumstances. G. Any Executive Board Member may be removed from the Executive Board by an affirmative vote of the User Entities of this Agreement at a meeting of the Board of Directors. H. Attendance Requirement: Inability to attend a regularly scheduled Executive Board Meeting shall be reported to the Chair. Two (2) consecutive unexcused absences may be grounds for removal from the Executive Board. In the case of removal of an Executive Board member, nominations and a special election shall occur at the next regular Governing Board Meeting for a replacement to be ratified by the Board. If the resignation or removal is an office holder the affected seat shall be replaced by the Vice Chair or 2"d Vice Chair which ever is applicable. New User Entities who contract with NORCOM may be included in the Executive Board at the next regular election process of the Board at a Governing Board Meeting generally held in December of odd numbered years. SECTION 5 -DIRECTOR A. The Governing Board shall select and appoint a Director based upon that person's administrative and technical competence. B. The Director shall be the chief administrative officer of NORCOM and shall be responsible for: Implementing Governing Board vision, goals and policies. Agency administration, personnel, purchasing and budget functions, in conformance with 9-I-1 policies and rules adopted by the Governing Board. 6 ATTACHMENT Page ~ of ~._1~ . 2. Dispatching, phone answering, record keeping, security and other NORCOM functions in conformance with 9-1-1 policies adopted by the Governing Board. 3. Hiring, training, discipline andlor discharge of all subordinate NORCOM personnel, subject to applicable Agency rules and policies. 4. Attending and providing executive staffing at Executive and Governing Board meetings. 5. Preparing and presenting to the Governing Board a proposed budget for each budget year. 6. Such other tasks as determined and assigned by the Governing Board. SECTION 6 - P.S.A.P. DESIGNATION A. NORCOM is designated by the User Entities as their P.S.A.P. and shall be responsible for coordinating and controlling emergency telephone communications planning and operations including dispatch and telephone answering services. B. NORCOM shall receive and disburse 9-1-1 telephone tax revenue in accordance with the requirements ORS 401.710 through ORS 401.790. Quarterly 9-1-1 telephone tax revenue received by the cities of Woodburn, Aurora, Donald, Hubbard, Gervais, Mt. Angel, St. Paul, Scotts Mills, Silverton and that portion received by Marion County for the 981, 982, 983, 984, 634, 792, 633, 678, 873, 874 and 845 prefix areas outside the corporate limits of the aforementioned cities [and future prefixes added to the area with growth and expansion] ,shall be consolidated into a single 9-1-1 Communications Fund that shall be maintained by NORCOM. Revenues and expenditures from said fund shall be administered by NORCOM in accordance with its operating policies and procedures and Oregon law. P.S.A.P. telephone tax revenue shall be expended as allowed under Oregon Administrative Rule 140-080-060 and any other applicable law. SECTION 7 -BUDGET FUNDING A. The proposed operating budget shall be developed by the Director, and presented to the Governing Board for review and adoption. The Agency budget process shall conform to Oregon Budget Law. B. The Director shall forward to each User Entity, a proposed budget by the fourth Monday in January preceding the budget year and the NORCOM budget committee shall, to the extent practicable, approve a budget by the fourth Monday in March. To the extent practicable, the Director shall distribute the budget in adequate time for each User Entity to make decisions and include the appropriate amount in its annual budget. The budget period shall be on a fiscal year basis beginning on the first day of July of each year and ending on the thirtieth day of June of the next succeeding year. C. Each User Entity participating in cost sharing shall pay its share of the budget in twelve equal installments payable on or before the tenth of each month or quarterly payments due on or before the first day of the next quarter. D. Funding shall be based upon the cost sharing formula described below: 7 ATTACHMENT .~ °age ~ of _~ As a Public Safety Answering Point (PSAP), NORCOM shall receive and disburse the 9-1-1 telephone tax revenue received from member jurisdictions in accordance with Oregon law pertaining to the collection and expenditure of such funds. The funding formulas between law enforcement and fire/EMS users in the support of NORCOM shall be as follows: a. A User Fee Calculation Split shall be defined and adopted by the Board to be reflected in a percentage assessed to law enforcement and a percentage to be assessed to Fire/EMS. The two percentages shall equal 100% of the required revenue for the agency. b. Users will negotiate and determine their cost sharing within their disciplines to equal the specified total discipline percent. c. Any changes in the funding formulas concerning law enforcement and Fire /EMS users shall be attached to this Agreement as an addendum. Discipline groups shall identify and notify the Director, in writing, of the majority vote for the percentage split no later than November ls` of each calendar year in preparation for the budget. E. New User Entities who contract with NORCOM may be assessed an initial, one-time fee equal to 10% of that user's projected user fee; OR an impact fee (as appropriate) which shall be determined by the Governing Board with consideration being given toward the User Entity call activity, needs for additional staffing and/or equipment to support the new User Entity, whichever is greater. New User Entities maybe included in the Executive Board appointment process at the next regular election process. SECTION 8 - EQUIPMENT A. Attached to this Agreement as Exhibit "B", is an inventory of all assets of NORCOM. Also identified are those assets located within or utilized by NORCOM that shall remain the property of User Entities. B. The Governing Board is responsible for providing and maintaining the basic equipment to serve the users. This includes, but is not limited to, the 9-1-1-telephone system, NORCOM business lines, CAD computer system, and radio dispatch consoles. Each User Entity shall be responsible for purchasing, maintaining and repairing their own mobile, base and portable radio equipment. If a User Entity wishes to add specific equipment to NORCOM to enhance their operation, the Governing Board must authorize it. C. Individual equipment added by a User Entity must be purchased and maintained by that User Entity. The User Entity and the Director shall maintain inventory records to show what items are NORCOM owned or User Entity owned. Incase of dissolution of NORCOM, or withdrawal of the lending user from NORCOM, such assigned or loaned items shall be returned to the appropriate User Entity. In the case of dissolution of NORCOM, all other items, or funds derived form the sale thereof, shall be refunded and distributed to the User Entities in proportion to their financial participation averaged over the preceding three-year period. 8 ATTACHMENT ~_ Page ~ of ~~_ SECTION 9 -RADIO FREQUENCIES Nothing in this Agreement is intended to alter or affect the existing proprietary rights of the User Entities in certain radio frequencies. All User Entities shall retain any and all legal rights to radio frequencies, which they possessed prior to their execution of this Agreement. SECTION 10 -REVIEW AND EVALUATION This Agreement shall be reviewed and evaluated by the Governing Board every five (5) years at minimum. SECTION 11 -AMENDMENTS The terms of this Agreement may only be amended with the consent by majority of the User Entities that have signed this Agreement or any addenda hereto. SECTION 12 -ADMISSION OF NEW PARTIES Additional User Entities may be added to this Agreement upon such terms and conditions as agreed upon by two-thirds of the User Entities that have signed this Agreement. The admission of additional User Entities shall be incorporated by written addenda to this Agreement, signed by all User Entities. SECTION 13 -ARBITRATION Any controversy in regard to the application or interpretation of this Agreement may be submitted to and determined by arbitration in accordance with ORS 36.330 -ORS 36.365. SECTION 14 -TERMINATION This Agreement shall be automatically extended from year to year. No User Entity may terminate its participation in this Agreement without giving written notice to all other User Entities not less than six (6} months prior to the end of the fiscal year. Such termination shall become effective at midnight of the last calendar day of the fiscal year in which such notice is given. SECTION 15 -NOTICE Any notice provided for under this Agreement shall be sufficient if in writing and delivered personally or deposited in the United States Mail, postage prepaid, certified mail, return receipt requested. SECTION 16 -INTEGRATION This Agreement contains the entire agreement and supersedes any prior written or oral discussion or agreements. SECTION 17 -EFFECTIVENESS OF AGREEMENT This Agreement shall become effective on December 1, ?008. 9 As"sA~HMENi ~_ Page ~Q of _~_ SECTION 18 -COUNTERPARTS This Agreement may be signed in counterparts. Each User Entity shall send one copy of this Agreement signed by its authorized signatory to: Director, NORCOM 1060 Mt Hood Ave, Woodburn, OR 97071. Such copy shall also list the name and address of the person to whom all notices under the Agreement are to be sent. USER ENTITIES DATE CITY OF AURORA By: Title: CITY OF DONALD: By: Title: CITY OF GERVAIS: By: Title: CITY OF HUBBARD: By: Title: CITY OF ST. PAUL: By: Title: CITY OF WOODBURN: By: Title: 10 AURORA FIRE DISTRICT: By: Title: HUBBARD FIRE DISTRICT: By. - -- ---- - - Title: MONITOR FIRE DISTRICT: By: Title: ST. PAUL FIRE DISTRICT: By: Title: WOODBURN FIRE DISTRICT: By: Title: MARION COUNTY SHERIFFS OFFICE: By: Title: CITY OF MT. ANGEL: By: Title: MT. ANGEL FIRE DISTRICT: By. ----- Title: Ai fACi-it~~~ii ~_ Page ~ of ~_ 11 A7TACHMEN7 ~+ Page -~ of ~~ CITY OF SILVERTON: By: Title: SILVERTON FIRE DISTRICT: By: Title: CITY OF SCOTTS MILLS: By: Title: DRAKES CROSSING FIRE DISTRICT: By: Title: Last Revised 061808 12 .~ .1..x.9,°~~.1, '~TooDBURN A iz~. October 13, 2008 TO: Honorable Mayor and City Council through City Administrator FROM: Terrie Stevens, Assistant City Administrator SUBJECT: Position Change from ASFCME to Confidential RECOMMENDATION: It is recommended that the Council authorize changing an ASFCME represented Administrative Assistant classification to a confidential classification as specifically described in this staff report. BACKGROUND: The Community Development Department has seen a slowdown in building activity over the past several months. The Building Division has three full time budgeted positions, the Building Official, Building Inspector and Permit Technician. Building Division work has slowed to the point that they do not currently need, nor can they afford, the services of their full time Permit Technician. That position was recently vacated when the Permit Technician took a promotion to the Administrative Assistant (an AFSMCE position) that supports Community Development. The Building Division plans to leave the Permit Technician position vacant until their workload increases sufficiently to support the position. The Administrative Assistant position was originally budgeted at 70% Planning (General Fund) and 30% Building. The Planning and Building Divisions have determined that until building activity increases they need only apart-time Administrative Assistant. Additionally, apart-time, 1 b hours per week, Human Resources Office Assistant position was approved in the 2008-2009 budget for the City Recorder's Office to begin work in October 2008. Because the Office Assistant position is required to process and handle confidential personnel and contractual information it is necessary to make this position confidential to remove any conflict of interest that may be imposed on the Office Assistant in the discharge of their duties. Staff finds that the essential job duties of the Community Development administrative Assistant are consistent with those of the HR Office Assistant position and that the incumbent has the necessary job skills for both. Y Agenda Item Review: City Administrator~~ City Attorney ~ Finance a - Honorable Mayor and City Council October 13, 2008 Page 2 DISCUSSION: Staff recommends that the Permit Technician position remain vacant (as of October 8, 2008) and the Community Development Administrative Assistant position be filled in a part-time capacity (24 hours per week or 60%) within the Community Development Dept and that incumbent be employed in the Human Resources Office Assistant function (16 hours per week or 40%) thereby maintaining one full-time position between the two departments. Fiscal Year 2008-2009 provided for 2.4 FTE between these departments but the reorganization for the remainder of this year allows fora 1.4 FTE position reduction with the majority of cost savings to the Building Fund. The proposed allocation of salary and benefit costs for the balance of the year will be for the Planning Division to pay 42% (18 hours per week), Building Division to pay 18% (6 hours per week), and the Recorder's Office to pay 40% (16 hours per week). In order to provide a consistent salary between to the two positions the reorganization will require a $1,981 increase for the Recorder's Office over the authorized budgeted amount. Taking this into consideration the total cost savings by the temporary reduction in staffing level is $71,665 with a $19,917 savings to the General Fund. In order to be consistent with the HR Office Assistant position, the Community Development Administrative Assistant position must also become a confidential position. The American Federation of State, County and Municipal Employees (AFSCME) was notified in writing that the position would become confidential if they did not notify the City of an objection by September 26, 2008. No objection has been made by AFSCME. FINANCIAL IMPACT: There will be an overall cost savings to the General Fund of $19,917. There will be a $1,981 increase in wages and benefits for the City Recorders Office, and a $21,898 decrease in wages and benefits for the Community Development Department. Additionally, there will be a $51,748 decrease in salary and benefit costs to the Building Fund. The total cost savings by the temporary reduction in staffing level is $71,665. :I ~' ~~ ,WooDBURN A~~ I October 13, 2008 TO: Honorable Mayor and City Council through City Administrator In Capacity as Local Contract Review Board FROM: Dan Brown, Public Works Director SUBJECT: REIMBURSEMENT OF EXCESS TRAFFIC IMPACT FEE COLLECTED PER CLAIM BY POLEN DEVELOPMENT, LLC FOR HOLLYWOOD VIDEO STORE RECOMMENDATION: By motion, authorize reimbursement to Polen Development, LLC, a sum of $39,458.28 for over collection of Traffic Impact Fees associated with the Hollywood Video Store. BACKGROUND: In 1998, at 1580 Mount Hood Avenue, a 10,000 square foot building to function as a Sears appliance and catalog retail store was constructed. The use was classified as an Institute of Transportation (ITE) land use code 814 specialty retail and a Traffic Impact Fee (TIF) of $8,536 per thousand square feet of gross floor area were paid for a total of $85,360. In March 2001, the retail building was purchased by Oregon's Dollar Store, Inc. and remodeled. The building use did not change and the City did not collect any TIF. In June 2002, Oregon's Dollar Store, Inc. proposed to remodel the store into two separated retail operations. The store was split into a 4,260 square foot store that remained an Oregon Dollar Store and the remaining 5,740 square foot area was remodeled into a Hollywood Video. The City determined that the remodeling for the Hollywood Video retail operation was a change in use from the original classification of specialty retail. Per Ordinance 2248, the TIF for video rental store is $44,763 per thousand square feet of gross floor area or $256,989.62. On June 26, 2006, Public Works staff computed a TIF of $93,819.48. This calculation reduced the TIF assessment by providing credits totaling $163,120.14. Those credits were calculated based r • Agenda Item Review: City Administrator S~~ City Attorney ~ Finance Honorable Mayor and City Council October 13, 2008 Page 2 upon an ITE land use of 816 or a Hardware/Paint Store. It is not clear why the credit was calculated at a different rate than the original assessment. The City assessed Polen Development, LLC, a TIF of $93,819.48. The TIF was paid under protest and fee was paid for review of an alternative analysis. Three separate engineering studies were completed contesting the TIF rate imposed by the City. DISCUSSION: I independently calculated the TIF based upon my own interpretation of the ITE Trip Generation Manual, Seventh Edition. It is my opinion that the TIF rate of $44,763 per thousand square feet of gross floor area for a video rental is excessively high. The rate extracted from the ITE Trip Generation Manual was based upon on one observation. An alternative method for assessing the end trips was also provided in the ITE Trip Generation Manual. Using the number of end trips using the alternative data provided, I calculated a considerably lower TIF per unit. The computed TIF was $103,815.62 versus the $256,989.62 utilizing the other trip generation data in the ITE Manual. I then subtracted from the Video Retail TIF the TIF originally collected as Specialty Retail, or $48,997 for a revised TIF assessment of $54,818.98. I then reviewed the alternative methodologies present by Polen Development, LLC. The final and most complete alternative analysis was performed by Group MacKenzie and it was $54,361.20. This alternative methodology produced an assessment very close to the methodology I used and with no knowledge of Group MacKenzie computed rate. Therefore, it is recommended that Polen Development, LLC, be reimbursed a sum of $39,458.28 ($93,819.48 City Assessed - $54,361.20 Group MacKenzie Alternate Methodology). FINANCIAL IMPACT: Reimbursement of $39,458.28 will be taken from the Transportation System Development Charge Fund. .~ ~r WOODBURN ~~~~ • • October 7, 2008 TO: Honorable Mayor and City Council through City Administrator FROM: Natalie Labossiere, Interim Community Development Director SUBJECT: Community Development Director's approval of a Type II Design Review of SIGN 2008-05, located at 1475 Mt. Hood Avenue, tax lot 051 W08b02800. RECOMMENDATION: No action is recommended. This item is placed before the Council for information purposes in compliance with the Woodburn Development Ordinance. The Council may call up this item for review if it desires. BACKGROUND: The applicant submitted a Type II Sign Design Review request to allow a five square foot addition to an existing pole sign on the Wellspring Medical Center property. The Community Development Director approved the sign subject to conditions. DISCUSSION: None. FINANCIAL IMPACT: This decision is anticipated to have no public sector financial impact. Agenda Item Review: City Administrator' City Attorney ~~~ Finance