12-12-2011 Agenda KATHRYN FIGLEY, MAYOR
CITY OF WOODBURN
DICK PUGH, COUNCILOR WARD 1
J. MEL SCHMIDT, COUNCILOR WARD 11
C ITY COUNCIL AGENDA PETER MCCALLUM, COUNCILOR WARD I I I
JAMES COX, COUNCILOR WARD IV
FRANK LONERGAN, COUNCILOR WARD V
DECEMBER 12, 2011 - 7:00 P.M. ERIC MORRIS, 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. Holiday Closures:
Christmas: City Hall will close at noon on December 23 and will
reopen for regular business hours on December 27. The Aquatic
Center will be closed December 24 and 25. The Library will be
closed on December 24 and 25 and will be open December 26
from 10:00 am to 2:00 pm.
New Year: City Hall will be closed on January 2. The Aquatic
Center will be closed January 1 and the Library will be open on
January 1 and closed on January 2.
Appointments:
B. Planning Commission Appointments 1
C. Library Board Appointment 2
4. COMMUNITY /GOVERNMENT ORGANIZATIONS
A. Chamber of Commerce
B. Woodburn School District
5. PROCLAMATIONS /PRESENTATIONS
Proclamations:
None.
Presentations:
A. CECOP (Civil Engineering Cooperative Program)
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ComuniQ.uese ai (503) 980-2q85.**
December 12, 2011 Council Agenda Page i
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for
Council consideration not already scheduled on the agenda.
8. CONSENT AGENDA - Items listed on the consent agenda are considered
routine and may be adopted by one motion. Any item may be removed
for discussion at the request of a Council member.
A. Woodburn City Council minutes of November 28, 2011 3
Recommended Action: Approve the minutes.
B. Extension of City Administrators Employment Agreement 5
Recommended Action: It is recommended that the City
Council extend the City Administrators Employment Agreement
one (1) additional year.
9. TABLED BUSINESS
None.
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 No. 2883 - An Ordinance Amending Ordinance 2307 6
(the Willamette Broadband,LLC /WaveDivision VII, LLC Cable
Television Franchise)to Extend said Franchise Ordinance until
June 30, 2012 and Declaring an Emergency
Recommended Action: Adopt the ordinance amending
Ordinance 2307 (the WAVE cable television franchise) to extend
the franchise expiration date until June 30, 2012.
B. Council Bill No. 2884 - An Ordinance Readopting Ordinance 9
2291 (the DataVision Communications, LLC Telecommunications
Franchise) until June 30, 2012 and Declaring an Emergency
Recommended Action: Adopt the ordinance readopting
Ordinance 2291 the DataVision Communications, LLC
December 12, 2011 Council Agenda Page ii
Franchise) until June 30, 2012.
C. Public Restroom at the Downtown Plaza
Recommended Action: It is staff's recommendation that a 15
portable ADA compliant restroom be made available in the
Plaza during the months of June through mid - September
(through the Mexican Independence Day Celebration; or
about 4 months a year)
D. Cancellation of December 26, 2011 Council Meeting 22
Recommended Action: Cancel December 26, 2011 meeting.
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.
None.
13. CITY ADMINISTRATOR'S REPORT
14. MAYOR AND COUNCIL REPORTS
15. ADJOURNMENT
December 12, 2011 Council Agenda Page iii
OODBU Age,,,14
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December 7, 2011
TO: City Council
FROM: Kathy Figley, Mayor
SUBJECT: Planning Commission Appointments
The following appointments are made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, December 12, 2011. No reply is required if you approve of my
decision.
PLANNING COMMISSION
Reappointments
o Claudio Lima
o Charles Piper
o Sharon Corning
1
WOODBURN
Ag€4,4 Ne44
December 7, 2011
TO: City Council
FROM: Kathy Figley, Mayor
SUBJECT: Library Board Appointment
The following appointment is made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, December 12, 2011. No reply is required if you approve of my
decision.
LIBRARY BOARD COMMITTEE
1 Reappointments
o Neal Hawes
2
COUNCIL MEETING MINUTES
NOVEMBER 28, 2011
0:00 DATE COUNCIL CHAMBERS, CITY HALL, CIT Y OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, NOVEMBER 28, 2011.
CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor Figley Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallum Present
Councilor Morris Present
Councilor Pugh Present
Councilor Schmidt Present
Staff Present: City Administrator Derickson, City Attorney Shields, Police Chief
Russell, Public Works Director Brown, Police Captain Garrett, Police Captain
Alexander, Community Relations Officer Stowers, Recorder Shearer.
0:01 ANNOUNCEMENTS
Mayor's Tree Lighting will be on Sunday, December 4.
0:02 COMMUNITY /GOVERNMENT REPORTS
A. Woodburn School District — Superintendent David Bautista provided an update on
School District events and activities.
0:09 PROCLAMATION
Honoring Woodburn High School Boys Soccer Team on their 2011 State Championship
0:13 PRESENTATIONS
A. Safe Streets — Professor Takallou of the University of Portland provided an instructional
presentation regarding road safety and safe street design.
B. Main Street Program — Economic & Community Development Director Hendryx
provided an update on the Main Street Program.
1:11 CONSENT AGENDA
A. Approve Woodburn City Council minutes of November 14, 2011,
B. Approve Woodburn City Council Executive Session minutes of November 14, 2011,
C. Approve Woodburn City Council Workshop minutes of November 14, 2011
D. Accept Crime Statistics report through October 2011, and
E. Recommend Approval of a Change of Ownership and Change of Trade Name
application for Tienda Mexicana El Compa Cheque to the OLCC.
McCallum/Cox.... adopt the consent agenda as presented. The motion passed unanimously.
Page 1 - Council Meeting Minutes, November 28, 2011
3
COUNCIL MEETING MINUTES
NOVEMBER 28, 2011
1:12 COUNCIL BILL NO. 2882 — A RESOLUTION ENTERING INTO AN AGREEMENT
WITH WOODBURN SCHOOL DISTRICT 103 FOR THE PURPOSE OF
COLLECTING A CONSTRUCTION EXCISE TAX AS PROVIDED BY STATE
LAW AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SAID
AGREEMENT
Councilor McCallum introduced Council Bill 2882. Recorder Shearer read the bill by title
only since there were no objections from the Council. On roll call vote for final passage, the
bill passed unanimously. Mayor Figley declared Council Bill No. 2882 duly passed.
1:15 JOINT BRIEF AUTHORIZATION
City Attorney Shields provided a staff report describing his proposal to enter a joint brief
with Marion County in the 1000 Friends of Oregon v. LCDC case. Cox/Lonergan...
authorize the City Attorney to file a joint brief with Marion County in the 1000 Friends of
Oregon v. LCDC case. The motion passed unanimously.
1:17 CITY ADMINISTRATOR'S REPORT
• A Council update was issued last week.
1:17 MAYOR AND COUNCIL REPORTS
• Councilor Pugh commented on leaf pickup in the City.
• Councilor McCallum reminded Council of the Firefighter food drive on December 3
• Councilor Schmidt would like to see a culvert in Mill Creek rather than a bridge.
1:20 ADJOURNMENT
Lonergan/Morris... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:20 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Christina M. Shearer, Recorder
City of Woodburn, Oregon
Page 2 - Council Meeting Minutes, November 28, 2011
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OODBU
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December 12, 201 1
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
SUBJECT: Extension of City Administrators Employment Agreement
RECOMMENDATION:
It is recommended that the City Council extend the City Administrators
Employment Agreement one (1) additional year.
BACKGROUND AND DISCUSSION:
On November 14, 2011 you evaluated my performance for the period of
October 2010 through October 2011. The Council is now being asked to
authorize Mayor Figley to extend the City Administrator's Employment
Agreement one year, extending the contract's expiration date from October
13, 2013 to October 13, 2014. There are no other changes being proposed at
this time.
Agenda Item Review: City Administrator x City Attorney _x Finance x
5
WOODBU
Ag4..d4 Nedi,
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December 12, 2011
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
SUBJECT: WAVE cable television franchise
RECOMMENDATION:
Adopt the ordinance amending Ordinance 2307 (the WAVE cable television
franchise) to extend the franchise expiration date until June 30, 2012.
BACKGROUND AND DISCUSSION:
Ordinance 2307 was originally passed by the City Council in 2001 and granted a
10 -year cable television franchise to Willamette Broadband, LLC. Willamette
Broadband, LLC then became WaveDivision VII, LLC ( "WAVE ") and remained
subject to the existing City franchise. This franchise expires on December 31,
2011.
As the City Council is aware, negotiations between the City and WAVE are
ongoing and a renewal of the franchise is anticipated in the near future. At the
present, it is necessary to extend the term of the WAVE franchise until June 30,
2012 so that the negotiations can be completed.
A WAVE representative has consented to the extension of the franchise.
FINANCIAL IMPACT:
No present financial impact.
Agenda Item Review: City Administrator _x City Attorney x Finance x
6
COUNCIL BILL NO. 2883
ORDINANCE NO. 2484
AN ORDINANCE AMENDING ORDINANCE 2307 (THE WILLAMETTE BROADBAND,
LLC/ WAVEDIVISION VII, LLC CABLE TELEVISION FRANCHISE) TO EXTEND SAID
FRANCHISE ORDINANCE UNTIL JUNE 30, 2012 AND DECLARING AN EMERGENCY.
WHEREAS, Ordinance 2307 granted a franchise to Willamette Broadband,
LLC to operate a cable television system within the corporate limits of the City of
Woodburn; and
WHEREAS, according to the terms of this ordinance this franchise expires
on December 31, 2011; and
WHEREAS, Willamette Broadband, LLC became WaveDivision VII, LLC and
remained subject to the existing franchise; and
WHEREAS, negotiations between the City and WaveDivision VII, LLC are
ongoing and a renewal of the franchise is anticipated in the near future; and
WHEREAS, it is necessary to extend the terms of the franchise until June 30,
2012 so that negotiations can be completed; and
WHEREAS, WaveDivision VII, LLC has consented to the extension of the
franchise and it is in the best interest of the City to amend said ordinance to
allow for said extension; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 3 of Ordinance 2307 is amended to read as follows:
Section 3. The Franchise shall expire at the end of the
fiscal year, June 30, 2012
Section 2. This ordinance being necessary for the immediate preservation
for the public peace, health, and safety, in that it is important that the
Franchisee is able to continue to operate a cable television system while
negotiations take place, an emergency is declared to exist and this ordinance
shall take effect immediately upon passage and approval by the Mayor.
Approved as to form:
City Attorney Date
Page 1 - Council Bill No. 2883
Ordinance No. 2484
7
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No. 2883
Ordinance No. 2484
8
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December 12, 2011
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
SUBJECT: DataVision Communications, LLC Franchise
RECOMMENDATION:
Adopt the ordinance readopting Ordinance 2291 (the DataVision
Communications, LLC Franchise) until June 30, 2012.
BACKGROUND AND DISCUSSION:
Ordinance 2484 was originally passed by the City Council in 2001 and granted a
5 -year telecommunication franchise to DataVision Communications, LLC
( "DataVision "). DataVision is a division of Gervais Telephone This franchise was
subject to one automatic 5 -year renewal and expired on June 30, 2011.
As the City Council is aware, negotiations between the City and DataVision are
ongoing and a renewal of the franchise is anticipated in the near future. The
General Manager of Gervais Telephone has always taken the position that
DataVision would remain subject to its current franchise until a new franchise is
approved. The ordinance before the City Council formalizes this by readopting
the franchise ordinance (Ordinance 2484) until June 30, 2012.
It was agreed that the DataVision franchise would be extended until a June 30,
2012, so that its renegotiation could be coordinated with renegotiation of the
WAVE cable television franchise
FINANCIAL IMPACT:
No present financial impact.
Agenda Item Review: City Administrator x City Attorney x Finance x
9
COUNCIL BILL NO. 2884
ORDINANCE NO. 2485
AN ORDINANCE READOPTING ORDINANCE 2291 (THE DATAVISION
COMMUNICATIONS, LLC FRANCHISE) UNTIL JUNE 30, 2012 AND DECLARING AN
EMERGENCY.
WHEREAS, Ordinance 2291 granted a franchise to DataVision
Communications LLC, ( "DataVision ") to place telecommunications facilities in
certain city rights -of -way; and
WHEREAS, the DataVision franchise expired on June 25, 2011; and
WHEREAS, DataVision has consented and continues to consent to
continuation of the franchise; and
WHEREAS, DataVision has agreed to conform to the terms of a
readopted Ordinance 2291 until June 30, 2012; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Ordinance 2291, which is attached hereto as Exhibit "A ", is
readopted in its entirety except for Section 4, Term, which is not readopted.
Section 2. Section 4, Term, of Ordinance 2291 shall read as follows:
Section 4. The Franchise shall expire at the end of the
fiscal year, June 30, 2012.
Section 3. This ordinance being necessary for the immediate preservation
for the public peace, health, and safety, in that it is important that the
Franchisee is able to continue to operate its telecommunications facilities while
negotiations take place, an emergency is declared to exist and this ordinance
shall take effect immediately upon passage and approval by the Mayor.
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Page 1 - Council Bill No. 2884
Ordinance No. 2485
10
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No. 2884
Ordinance No. 2485
11
Exhibit A
Page 1 of 3
COUNCIL BILL NO. 2318
ORDINANCE NO. 2291
AN ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE TO DATA
VISION COMMUNICATIONS, A DIVISION OF GERVAIS TELEPHONE TO OCCUPY
CERTAIN RIGHTS -OF -WAY WITHIN THE CITY OF WOODBURN.
WHEREAS, the City regulates the placement of telecommunications facilities within City
rights -of -way pursuant to Ordinance No. 2284, which governs the construction and franchising
of telecommunications utilities operating within the City and desiring to occupy City rights -of-
way; and
WHEREAS, the City received a request from Data Vision Communications, a division of
Gervais Telephone, to place telecommunications facilities in certain rights -of -way within the
City in order to provide service within the City, which facility locations are shown on the
attached Exhibit "A "; and
WHEREAS, the City has reviewed the request and application filed by Data Vision
Communications and finds that the company has the requisite authority to provide these services
from the Federal Communications Commission ( "FCC ") and that the level of impact on the
City's rights -of -way will be acceptable, and the City Council therefore desires to issue a
franchise; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WOODBURN
ORDAINS AS FOLLOWS:
Section 1. Franchise Grant.
A. Subject to the terms and conditions contained herein, the City of Woodburn does
hereby grant to Data Vision Communications, a division of Gervais Telephone
(hereinafter "Grantee ") a telecommunications franchise to locate its facilities
within the rights -of -way of the City, as shown on Exhibit "A" and described in
Grantee's application for a franchise.
B. Such grant is subject to all of the laws and ordinances of the City of Woodburn
and the State of Oregon.
C. The scope of this grant allows the installation of facilities by Grantee in the City's
rights -of -way as depicted in Exhibit "A ". Such facilities shall be used by Grantee
to provide telecommunications services consistent with the authority granted by
the FCC. In the event either the location of Grantee's facilities or the nature of
the services provided is proposed for modification, Grantee shall be required to
obtain an additional or revised franchise from the City.
Page 1 - COUNCIL BILL NO. 2318
ORDINANCE NO. 2291
1
12
Exhibit A
Page 2 of 3
Section 2. Construction Standards.
A. The construction standards of the City of Woodburn, as well as any other
applicable construction standards in existence at the time of this franchise grant or
hereafter enacted, shall apply to all work performed by the Grantee in City rights -
of -way.
B. The Grantee's facilities shall not interfere in any way with any of the City's
communications or other public and city- permitted facilities, including other
franchised facilities, either as installed or during operation. The Grantee will
compensate the provider of power directly for the cost of power consumed in
support of Grantee's facilities, and shall hold the City completely harmless from
any power cost.
C. The Grantee shall locate below the surface of the ground all wiring and physical
improvements within City rights -of -way, unless it is physically impossible to do
so. Placement of any improvements above ground, or on poles shall only be with
the prior review and approval of the City.
D. Where permission is granted by the City to locate Grantee's facilities upon poles,
Grantee shall independently obtain prior written approval from the owner and/or
operator of the poles on which its facilities shall be placed. Upon request,
Grantee shall provide copies of such written approvals for City review.
E. Where permission is granted by the City to locate Grantee's facilities upon poles,
Grantee shall undertake all wiring and physical improvements required by the
owner of each pole to which its facilities are to be attached. In the case of City-
owned poled or fixtures, such work shall be performed subject to the approval of
the City Engineer or his designee.
Section 3. Franchise Fee. The franchise fee payable to the City shall be 7% (seven percent) of
the Grantee's gross revenues earned within the corporate limits of the City. In the event no
revenues are earned, but Grantee is actually occupying City rights -of -way, Grantee shall pay a
minimum annual franchise fee of $1,000. Franchise fees shall be payable quarterly, on or before
April 30, July 31, October 31 and January 31, for the preceding calendar quarter. Such payment
made by the Grantee will be accepted by the City of Woodburn from the Grantee, as also in
payment of any license, privilege or occupation tax or fee for revenue or regulation, or any
permit or inspection fees or similar charges for street openings, installations, construction or for
any other purpose now or hereafter to be imposed by the City of Woodburn upon the Grantee
during the term of this franchise. Payments made more than ten calendar days beyond the due
date shall bear interest at the rate of 9% per annum.
Page 2 - COUNCIL BILL NO. 2318
ORDINANCE NO. 2291
13
Exhibit A
Page 3 of 3
Section 4. Term. The term of this franchise shall be five (5) years. This franchise shall be
subject to one automatic renewal on the same terms and conditions for an additional period of
five (5) years unless notice is given by either party 180 days in advance of the expiration of the
franchise of it's intention to terminate or re- negotiate the franchise. This franchise shall be
effective upon the date of Grantee's written acceptance of this grant.
Section 5. Acceptance. The grant of franchise herein is conditioned upon Grantee's acceptance
of all terms and conditions hereof in writing in a form acceptable to the City.
Approved as to form: • 0411 6-7 - Z ° 4 j
N. Robert Shields, City Attorney Date
Approved: .
Richard Jennin:s May
Passed by the Council June 11, 2001
Submitted to the Mayor June 12, 2001
Approved by the Mayor June 12, 2001
Filed in the Office of the Recorder June 12, 2001
ATTEST: cu
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 3 - COUNCIL BILL NO. 2318
ORDINANCE NO. 2291
14
Of -- 114, A Imo.
WOODBURN
December 12, 2011
TO: Mayor and City Council through City Administrator
FROM: Jim Row, Community Services Director
SUBJECT: Public Restroom at the Downtown Plaza
RECOMMENDATION:
After deliberation, provide Direction to staff regarding the placement of a
restroom at the Downtown Plaza.
Staff Recommendation. Based on usage, it is staff's recommendation that a
portable ADA compliant restroom be made available in the Plaza during the
months of June through mid - September (through the Mexican Independence
Day Celebration; or about 4 months a year) until the resources exist to develop
a more comprehensive solution. These months seems to accommodate the
highest use period.
Should the portable restroom become subject to vandalism or involved in illegal
activity, it can be removed on very short notice. The restroom would be
serviced twice weekly at a cost of $750 for the entire summer season.
BACKGROUND:
Over the past two years, there has been a significant amount of discussion
regarding the need for a public restroom in the downtown area. Then, on June
17, 2011, staff held a meeting with Councilor Lonergan and members of the
Downtown Historic Neighborhood Association (the meeting and its outcome
have been provided to the City Council), where it was agreed that the City
would explore options for addressing public urination that were both low cost
and not pose a public safety risk. Consequently, staff placed a portable
restroom at the Downtown Plaza, as a test, prior to pursuing the possibility of
constructing a decorative (and permanent) portable restroom enclosure.
Consistent with Council updates, the portable restroom has now been in place
since July 15.
Agenda Item Review: City Administrator x City Attorney x Finance _x_
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Honorable Mayor and City Council
December 12, 2011
Page 2
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From July 15 through September 15, the restroom was placed on the west side of
the Plaza along 1St Street. From September 16 to present, the restroom has been
placed on the east side of the Plaza, immediately adjacent to the business at
the northeastern corner.
The purpose of the test was to determine how well the restroom would be used
and whether or not it would be subjected to vandalism, as they commonly are
in other City parks. Over the four month period that the restroom has been in
place, we have observed that it has been very well used. The servicer reports
that it has not been subjected to graffiti or vandalism, and that it frequently ran
out of toilet paper during the summer months, an indication of high use. Fall use
has slowed a little, but still remains active.
Given the City's experience with restroom facilities elsewhere and throughout
the City, it was expected that any portable restroom would likely be subject to
vandalism -which has not occurred over the trial time period.
SYNOPSIS:
Shortly after the restroom was placed at the Plaza in July, we received a
complaint from a downtown business owner regarding the decision to
temporarily place the restroom at the plaza, as well as the potential of placing it
permanently. This business reiterated their concerns in late November. To date,
this is the only complaint the City has received.
• Downtown Businesses Surveyed
As part of developing this Agenda report, Woodburn's Community Relations
Officer surveyed 28 members of Woodburn Downtown Unidos on the topic,
including 3 individuals and 25 businesses. Their responses are summarized
below:
✓ 92% believe a public restroom is needed in the downtown area.
✓ 69% believe public restrooms are a high priority.
✓ 72% believe the portable restroom in the Plaza meets this need.
✓ 38% believe the restroom in the Plaza has reduced the public's use
of the restrooms in their business.
✓ 77% believe the appearance of the portable restroom would be
improved with a decorative enclosure.
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Honorable Mayor and City Council
December 12, 2011
Page 3
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✓ 71% would prefer no portable toilets in the downtown area.
✓ 85% would prefer a permanent restroom in the downtown area.
The survey respondents provided many comments on the subject of a
downtown public restroom. Many of those surveyed believe that the portable
restroom currently in place looks unattractive, but is necessary.
Many of the comments revolved around the need for signage directing people
to the public restroom. Regarding potential locations, the Plaza was by far the
most frequently recommended. Other suggested locations included the
Greyhound bus station, City Transit Station, Library Park, Public Works building,
vacant lot across First Street from the Plaza, the Post Office, in an alley, and on
any street corner.
One individual commented that the need for a downtown public restroom is
already addressed by the availability of restrooms in the many public buildings
downtown, such as Chemeketa, City Hall, the Library, and the Aquatic Center.
• Historic Woodburn Neighborhood Association (HWNA)
An active HWNA representative surveyed many Association members to gather
opinions and develop a position regarding the need for a downtown public
restroom. According to the representative, members largely agree that there is
a need for a downtown public restroom. However, due to concerns regarding
its potential use as a cover for illegal activity, they believe that portable
restrooms are not an appropriate solution.
The representative reports that HWNA members oppose the placement of any
restroom (portable or permanent) in the Downtown Plaza. While they prefer the
concept of a permanent restroom to the placement of portables, they are
concerned about the cost to the public of constructing and maintaining a
permanent restroom. They also believe that a permanent restroom would be an
"eyesore" and take up too much space in the Plaza, and those business
locations and transit stations (including any future train station) are better suited
to providing this service.
• Chamber of Commerce
The Chamber of Commerce has not taken a position on a public plaza, or
downtown restroom. The City Administrator raised the possibility of the City
contracting with the Chamber to provide their downtown office restroom (in
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Honorable Mayor and City Council
December 12, 2011
Page 4
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July) as a public facility, at the time the Chamber was uncertain about
remaining in the downtown. As Councilors know, the Chamber has now
relocated.
Also, the City Administrator, who serves on the Chamber's Board of Directors, is
not aware of the Chamber ever raising issues or expressing concerns over the
lack of downtown restrooms. The Council could ask the Chamber of their
official position.
• Police Department Issues
Community Services consulted with the Police Department when considering
the temporary placement of the current portable restroom last July. The Police
Department's primary concern is with the construction of enclosed permanent
structures (such as we have in our City parks) that create opportunity for illegal
activity to occur outside public view.
While preparing this report, Community Services reviewed the issue with the
Police Department. With the City's success in decreasing crime in the
downtown area, and the restricted space provided by a portable restroom, the
Police Department is less concerned with the downtown presence of a single
portable facility. The ability to commit crime in a portable restroom along with
the possibility of vandalism is always a concern that would exist.
i
The Police Department has not observed, or received any reports, of the current
portable restroom being used for nefarious activity during the trial period. It is
understood that should the Police Department develop a concern with the
portable restroom, Community Services would have it removed.
. Budget /Financial
The current year budget does not contain any allocated resources for the
construction of a capital purchase of any permanent restroom related structure.
It is something that could be taken up by the Budget Committee or City Council
in the upcoming fiscal year.
Other than Urban Renewal, a funding source (grant or otherwise) has not yet
been identified either in the current year or the upcoming fiscal year. Even if
Urban Renewal is utilized to construct a permanent facility, we do not believe
that Urban Renewal resources could be used to pay on -going maintenance, or
operational, costs per legal restrictions.
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Honorable Mayor and City Council
December 12, 2011
Page 5
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The cost to install a decorative portable restroom (see attached) enclosure is
estimated at $15,000 to $18,000. Rental/ service cost for the portable restroom
placed year -round is estimated to be $1,500. Rental/ service cost for a portable
restroom placed only during the summer season is estimated at $750.
The cost to construct a permanent restroom building could range from $100,000
to $250,000 - not including monthly maintenance costs. Costs for these types of
facilities are high due to the types of material used, which are designed to resist
vandalism. Annual maintenance costs are estimated to be $23,000.
OPTIONS:
Staff is seeking direction from the Council regarding appropriate next steps,
which could include:
✓ Staff Recommendation /Seasonal Placement. Based on usage, it is staff's
recommendation that a portable ADA compliant restroom be made
available in the Plaza during the months of June through mid - September
(through the Mexican Independence Day Celebration; or about 4 months
a year) until the resources exist to develop a more comprehensive
solution. Should the portable restroom become subject to vandalism or
involved in illegal activity, it can be removed on very short notice. The
restroom would be serviced twice weekly at a cost of $750 for the entire
summer season.
✓ No Downtown Restroom. Remove the portable restroom from the
Downtown Plaza and do not pursue the installation of a portable or
permanent restroom in the downtown area.
✓ Install Portable Restroom Enclosure at the Downtown Plaza Restroom.
Install a portable restroom enclosure at the Plaza at an estimated cost of
$15,000 to $18,000. The enclosure will be designed to be consistent in
appearance to the gazebo. Annual cleaning and servicing costs are
estimated to be $1,500.
✓ Use of Existing Restroom's in Commercial Retailers. After considering the
possibility of contracting with an existing downtown retailer for the use of
their restroom facility as a public restroom, several issues come to light. For
example, there are ADA access concerns in an area of town that is mostly
comprised of older and historic (e.g. non - compliant) buildings. There are
also concerns about general public access. We have observed that
19
Honorable Mayor and City Council
December 12, 2011
Page 6
• •
retailer's facilities exist behind counters, adjacent to storage
facilities /inventory bins and in enclosed areas, further complicating the
matter.
✓ Maintain Portable Restroom at Plaza Without an Enclosure. Continue to
provide the portable restroom currently at the Downtown Plaza, without
constructing a permanent enclosure. Annual cleaning and servicing costs
are estimated to be $1,500. It is also possible to limit the duration of the
portable restroom to summer months when the plaza use increases. In
addition, if the portable creates problems or vandalism increases, it is easy
to remove.
✓ Constructing a Permanent Downtown Restroom Structure as an Urban
Renewal Project. Rather than placing a portable restroom structure at the
Downtown Plaza, consideration should be paid toward constructing a
permanent restroom building in the downtown area as an Urban Renewal
Project. Construction cost estimates would need to be developed, but
anticipated to be in the range of $100,000 to $250,000. Annual
maintenance costs are estimated to be $23,000.
Attachments:
Exhibit A - Sample Restroom Images
20
Exhibit A — Sample Restroom Images
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,..
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Sample Restroom Enclosure
0I
Preliminary Portable
Restroom Enclosure Design
MO min II 1
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. .. ._, _.;
4
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Sample ADA Portable Toilet
.. Sample Single Stall
4 ,f ‘ .r : ? Permanent Restroom
1I 1. �
Sample Double Stall
Permanent Restroom
21
i
WOODBURN
• •
December 12, 2011
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
SUBJECT: Cancellation of December 26, 2011 Council Meeting
RECOMMENDATION:
It is recommended that the City Council cancel the December 26, 2011 Council
Meeting.
BACKGROUND:
Pursuant to City Charter, the City Council is required to meet regularly, at least
once a month. The Council meets twice monthly, or more often, to conduct
City business. The Council occasionally cancels a meeting due to holiday
schedules or lack of business.
DISCUSSION:
Historically, the City Council cancels its last meeting in December to
accommodate scheduled absences. Because of this time of year, agenda
items are typically light as well. For these reasons, it is being recommended that
the City Council cancel the last meeting in December.
Agenda Item Review: City Administrator x City Attorney x Finance x
22