06-25-12 Agenda
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ITY ALL OUNCIL HAMBERS ONTGOMERY TREET
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
3.ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A.In observance of Independence Day, City Hall offices,the
Library andthe Aquatic Center will be closed Wednesday,July
4, 2012.
B.Join us as we kick off “Woodburn Summer Nights” with the
Wave Broadband 4of July Celebration, including the Coastal
th
Farm & Ranch Kids Zone, at Centennial Park from 6:00–11:00pm.
The celebration will feature a variety of free family activities,
food available for purchase, and a fireworks show at dark.
C.The filing period for Mayor and Council positionsis now open.
Positions to be voted upon at the November 6, 2012general
election are as follows:
At-Large position (2-year term)
Mayor:
Precinct 815 (4 -year term)
Councilor -Ward I:
Precinct 825 (4 -year term)
Councilor -Ward II:
Precinct 865 (4 -year term)
Councilor-Ward VI:
Candidate filing forms and instructions are available from the
City Recorder and are posted on the City website.
Appointments:
None.
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
A.Downtown Woodburn Unidos
B.Woodburn School District
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo
acuerdo. Comuníquese al (503) 980-2485.**
June 25, 2012Council Agenda Page i
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
A.National Recreation and Parks Month 1
Presentations:
None.
6.COMMUNICATIONS
None.
–
This allows the public to introduce items for
7.BUSINESS FROM THE PUBLIC
Council consideration not already scheduled on the agenda.
–Items listed on the consent agenda are considered
8.CONSENT AGENDA
routine and may be adoptedby one motion. Any item may be removed
for discussion at the request of a Council member.
A.Woodburn Planning Commission minutes of May 24, 20122
Recommended Action:Accept the minutes.
B.Crime Statistics through May 20124
RecommendedAction:Receive the report.
9.TABLED BUSINESS
None.
10.PUBLIC HEARINGS
A.2011-2012Supplemental Budget
–Members of the public wishing to comment on items of
11.GENERAL BUSINESS
general business must complete and submit a speaker’s card tothe City
Recorder prior to commencing this portion of the Council’s agenda.
Comment time may be limited by Mayoral prerogative.
A.Council Bill No. 2893-An Ordinance Establishing a Public Art 8
Mural Program; Creating the Woodburn Public Art Mural
Committee and Providing for a Process for the City’s
Consideration of Public Art Murals
Recommended Action:Adopt the Public Art Mural Ordinance.
B.Council Bill No.2894-An Ordinance Amending Ordinance 2307 51
June 25, 2012Council Agenda Page ii
(The Willamette Broadband, LLC/ Wavedivision VII, LLC Cable
Television Franchise)to Extend Said Franchise Ordinance until
September 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 September 30, 2012.
C.Council Bill No2895-An Ordinance Amending Ordinance 56
.
2318 (the Data Vision Communications/Data Vision, LLC
Franchise) to Extend said Franchise Ordinance until
September 30, 2012 and Declaring an Emergency.
Recommended Action:Adopt the ordinance amending
Ordinance 2318 (the Data Vision franchise) to extend the
franchise expiration date until September 30, 2012.
D.Council Bill No.2896-A Resolution Approving Transfers of FY59
2011-2012 Appropriations and Approving a Supplemental
Budget.
Recommended Action:Approve the attached resolution
approving a supplemental budget for fiscal year 2011-2012.
E.Allied Waste 2012 Food Waste Program and Rate Proposal64
Recommended Action:Consider the attached proposal from
Allied Waste to provide food recycling services to the City of
Woodburn.
F.Acceptance of a Public Utility Easement on the Westerly Portion 84
of 770 N. Pacific Hwy, Woodburn OR 97071 (Tax Lot
051W17BA02000)
Recommended Action:That Council accept a 16 foot Public
Utility Easement for City water facilities granted by Abbas
Moradi, property owner of 770 N. Pacific Hwy, Woodburn, OR
97071, Woodburn, OR 97071 (Tax Lot 051W17BA02000).
–
These
12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
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
June 25, 2012Council Agenda Page iii
15.ADJOURNMENT
June 25, 2012Council Agenda Page iv
Proclamation
National Recreation and Parks Month 2012
WHEREAS,
Public Parks and Recreation systems are dedicated to
enhancing the quality of life for millions of residents in communities around the
world through recreation programming, leisure activities, and conservation efforts,
and
WHEREAS,
the City of Woodburn desiresto build a sense of spirit and
pride in our culturally diverse community by providing quality services that
encourage a healthy lifestyle and improve the safety and quality of life in our
community, and
WHEREAS,
participating in recreation provides opportunities for children,
youth, adults and seniors to have life-long fulfillment, fosters a sense of
community, and bridges cultures, and
WHEREAS,
through the many contributions of employees and volunteers
in providing recreation programs, we recognize that these dedicated supporters
implement youth activities and ensure that parks and recreation facilities are safe
and accessible places for citizens to enjoy, and
WHEREAS
The Woodburn Recreation and ParkBoard articulates the
,
needs for recreation programs and park spaces and advocates for the development
of parks and open spaces in the community,
NOW, THEREFORE
, be it proclaimed by the City of Woodburn that July
2012 is Recreation and Parks Month, and, as Mayor, I encourageall citizens of the
City of Woodburn to enjoy our Parks and participate in Recreation programs.
IN WITNESS WHEREOF
, I have hereunto set my hand and caused the
th
seal of the City of Woodburnto be affixed this 20day of June 2012.
Kathryn Figley, Mayor
City of Woodburn
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Agenda Item
June 25, 2012
TO:Honorable Mayor and City Council
FROM:N. Robert Shields, City Attorney
Jim Hendryx, Economic & Development Services Director
SUBJECT:
Public Art Mural Ordinance
:
RECOMMENDATION
Adopt the Public Art Mural Ordinance.
:
BACKGROUND
At the November 14, 2011 City Council meeting, the Economic and Community
Development Director made an informational presentation on murals. Interested
members of the public appeared and addressed the Council. The Council then
directed the City Attorney to prepare a legal opinion thatitcould use as a
guide to further assess this topic.
On January 30, 2012 the City Attorney issued Memorandum Opinion No. 2012-01
(attached) regarding the legal restrictions on the City permitting and displaying
murals.
At the February 27, 2012City Council meeting, the establishment of a mural
program was again discussed. Two options were presented.The first option
involved issuance of permits for privately held murals. The second option
involved the creation of a public art mural program. After extensive discussion,
the Council referred the issue back to staff for a more extensive evaluation of
the second option. Staff was further directed to return to the Council with a
recommendation on a proposed public mural program.The proposed Public
Art Mural Ordinance was drafted in response to the Council’s direction.
:
DISCUSSION
The City of Salem already has a public art mural program, and the proposed
Public Art Mural Ordinance draws heavily from the Salem model. Specifically,
the key ordinance provisions are as follows:
Agenda Item Review:City Administrator __x____City Attorney __x____Finance __x___
8
Honorable Mayor and City Council
June 25, 2012
Page 2
The Whereas Clauses of the Ordinance explain that the City is acting in its
legal capacity as a “patron of the arts” and choosing to display public art
murals as a type of government speech. Therefore, the proposed
ordinance is not regulatory in nature and is not a land use ordinance.
Section 2 to Section 6 of the Ordinance creates the Woodburn Public Art
Mural; Committee(“the Committee”) consisting of five members: two City
Councilors; two members who have experience, training or expertise in
the visual arts, art history, art criticism, or art education; and one at-large
member. The Committee is vested with the authority to consider public
art mural applications.
Section 7 of the Ordinance contains the Selection Criteria that is applied
by the Committee when considering a public art mural application.
Section 8 of the Ordinance conditions the City’s approval of publicart
murals on the donation of the mural to the City. Also, public artmurals
must be maintained and remain in place for a minimum of seven years.
Sections 9 to Section 15 of the Ordinance specify what is necessary in
order to process a public art mural application.Section 9 contains the
application requirements and Section 10 establishes an application fee in
the amount of $1,148that is based on the fee for similarcityland use
processes that are already in place. Sections 11 and 12 address the
public hearing. Finally, Sections 13, 14, and 15 require a written decision,
notice of the decision, and limit an appeal to the Marion County Circuit
Court.
:
FINANCIAL IMPACT
None.
9
MEMORANDUM OPINION NO. 2012-01
TO:
Honorable Mayor and City Council
Scott C. Derickson, City Administrator
James N.P. Hendryx, Economic and Development Services Director
FROM:
N. Robert Shields, City Attorney
DATE:
January 30, 2012
RE: Permitting and Displaying Murals
Background
During the November 14, 2011 City Council meeting, my office was asked to provide an opinion
regarding the legal restrictions on permitting and displaying murals within the City. The
following opinion was generated in response to this request. It is intended to provide general
legal parameters as the City Council approaches this topic. It is anticipated that additional legal
questions will arise as planning staff and the City Council more specifically consider the
involved policy choices.
Question #1
Can the City regulate or display murals?
Answer #1
Yes, subject to the discussion below.
Question #2
In what manner can the City regulate or display murals and can the City control content?
Answer #2
A.The City (acting as a “regulator”) may issue permits for privately owned murals but may
only regulate the time, place, and manner of installation and may not control or restrict
content.
B.The City (acting as a “patron of the arts”) may display public murals in spaces that it
either already owns or acquires. The City, as owner of the artwork, may control the
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content of public murals based upon predetermined selection criteria established by the
City.
Discussion
Preliminarily, it should be stated that it is clear that the City’s ability to regulate murals is subject
to Oregon State Constitutional requirements. Some observers have cited Toppenish, Washington
as a jurisdiction whose approach to murals should be emulated by Woodburn. This is not legally
possible because Toppenish is not subject to the same Oregon constitutional restrictions that
Woodburn must comply with. Toppenish is subject to Washington legal requirements, which are
significantly different in this context than what is required by Oregon law.
A.The City (acting as a “regulator”) may issue permits for privately owned murals but may
only regulate the time, place, and manner of installation and may not control or restrict
content.
Article I, Section 8 of the Oregon Constitution provides broad protection for the free speech
rights of all Oregonians. In Outdoor Media Dimension Inc. v. ODOT, 340 Or 275 (2006), the
Oregon Supreme Court ruled that signs may not be regulated based upon content. Murals are
types of signs.
Specifically, the Woodburn Development Ordinance (“the WDO”) defines “signs” as:
Materials placed or constructed, or light projected, that (1) conveys a message or
image and (2) is used to inform or attract the attention of the public. Some
examples of signs are materials or lights meeting this definition are commonly
murals
referred to as signs, placards, A-frame signs, posters, billboards, ,
diagrams, banners, flags, or projected slides, images or holograms. The scope of
the term “sign” does not depend on the content of the message or image
(emphasis added)
conveyed. **** WDO 3.110.04
Legally, the WDO cannot regulate any signs based upon their content. All WDO requirements
address the time, place, and manner of establishing a sign within the City. Generally, these
regulations focus on size, number, and location of signs on a property.
Oregon courts have found reasonable time, place, and manner restrictions on signs to be valid
under the Oregon Constitution. See Clear Channel Outdoor, Inc. v. City of Portland, 243
Or.App. 133, 151–56 (2011). Such restrictions must be “content-neutral”. In other words, the
restrictions must apply regardless of what the sign conveys.
Some examples of likely valid content-neutral restrictions on murals are: limits on size and
location, construction materials, mandatory display time, and public notice requirements. For
instance, the City of Portland (see Attachment 1) has a program where it issues permits for
privately owned “Original Art Murals” that meet certain regulations. These regulations are
content-neutral but limit the size of murals (30 feet in height), how materials are applied (must
be hand-produced), type of materials included (no mechanical or electrical components), and the
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display time (must remain in place for 5 years). Also, a neighborhood meeting is required to
notify nearby property owners. If a property owner meets these requirements, then a mural
permit must be issued.
The Portland program encourages murals containing original art. Under the Oregon
Constitution, however, the City cannot control the content of the mural and there is always a risk
that a mural will contain content (i.e., graphic content or a written message) that would be
objectionable to the surrounding community. Also, since the Oregon Constitution protects
commercial and non-commercial speech equally, there is another risk that a mural will contain
advertising. Even though, in Oregon, these risks are present with any type of sign, murals are
usually larger, more permanent, and more visible than other types of signs.
B.The City (acting as a “patron of the arts”) may display public murals in spaces that it
either already owns or acquires. The City, as owner of the artwork, may control the
content of public murals based upon predetermined selection criteria established by the
City.
Constitutionally, when the City changes its legal role to act as a “patron of the arts” by
displaying publicly owned murals, the City, as the owner of the artwork, can exercise control
over content. Recently, in Pleasant Grove City, Utah v. Summum, 555 U.S. 460 (2009), the
United States Supreme Court held that a municipality could reject a Seven Aphorisms of
Summum public monument and instead display a Ten Commandments public monument in a
public park.
government speech
What must be emphasized is that the Pleasant Grove City case involved and
government regulation (
noti.e., the City deciding what type of publicly owned art to display v.
the City regulating privately owned art).
In regard to publicly owned murals, some Oregon cities have programs for the purchase or
financial support of public art. For instance, the City of Salem (see Attachment 2) has such a
program. In Salem, the City Council dedicated one-half of one percent of the total cost of
improvement projects to fund a Public Art Trust Fund. The Salem Public Art Commission was
then established and given authority to administer this fund. The acquisition of public artwork
(including public murals) is based on predetermined selection criteria established by the City.
However, even in the “government speech” context, the United States Supreme Court has stated
that a government entity can still be sued for “direct viewpoint discrimination” where public
funding is allocated and established general standards are not followed.National Endowment for
the Arts v. Finley, 524 US 569 (1998).
Summary
The City (acting as a “regulator”) may issue permits for privately owned murals but may only
regulate the time, place, and manner of installation and may not control or restrict content. If the
City Council decides to pursue this course, this would involve:
Amendment to the Woodburn Development Ordinance
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Recognition that the City cannot regulate content (i.e., the subject matter or message of
the mural)
The City (acting as a “patron of the arts”) may display public murals in spaces that it either
already owns or acquires. The City, as owner of the artwork, may control the content of public
murals. If the City Council decides to pursue this course, this would involve:
A funding source to establish a trust fund
Establishment of a process for the acquisition of public murals based upon predetermined
selection criteria
Passage of a Public Murals Ordinance
Attachments
1. Portland Original Art Mural Program
2. Salem Public Art Program
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A.Information Sheet
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B. Code Language
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C.Administrative Rule
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COUNCIL BILL NO. 2893
ORDINANCE NO. 2487
AN ORDINANCE ESTABLISHING A PUBLIC ART MURAL PROGRAM; CREATING THE
WOODBURN PUBLIC ART MURAL COMMITTEE AND PROVIDING FOR A PROCESS
FOR THE CITY’S CONSIDERATION OF PUBLIC ART MURALS
intent and purpose of this Ordinance is to encourage the
WHEREAS,
production of public art murals for acquisition by the City of Woodburn; and
the City of Woodburn, acting as a “patron of the arts” may
WHEREAS,
display public art murals in spaces that it either already owns or acquires as a
form of government speech 55U.S. 460
Pleasant Grove City, Utah v. Summum,
(2009); and
public art murals serve the public interest by enhancing the
WHEREAS,
aesthetics of the City, providing avenues for original artistic expression, and
allowing access to original works of public art; and
public art murals can increase community identity and foster a
WHEREAS,
sense of place if they are located at heights and scales visible to pedestrians,
are retained for longer periodsof time and include a neighborhood
involvement process; and
the City Council recognizes that visual arts contribute to and
WHEREAS,
provide experiences that enrich and better the social and physical environment
of the community, and desires to foster an advancement of the visual arts; and
such recognition can be implemented through the creation
WHEREAS,
and implementation of a public art murals program;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
No person
Section 1. Approval by Woodburn Public Art Mural Committee.
shall commence creation of any public mural without first obtaining approval
from the Woodburn Public Art Mural Committee and agreeing to donate the
mural to the City of Woodburn as provided in this Ordinance. Murals that are
created without approval from the Woodburn Public Art Mural Committee or
are inconsistent with the conditions of approval from the Woodburn Public Art
Mural Committee are not public art murals and are subject to the regulations
contained in the Woodburn Development Ordinance and other applicable
ordinances.
Page 1 –Council Bill No. 2893
Ordinance No. 2487
46
The
Section 2. Creation of Woodburn Public Art Mural Committee.
Woodburn Public Art Mural Committee (“the Committee”) is hereby created by
the Woodburn City Council and is delegated power and authority pursuant to
this Ordinance.
Section 3. Composition of Woodburn Public Art Mural Committee.
A. The Woodburn Public Art Mural Committee shall consist of five members
appointed by the Mayor to a full or unexpired term, and confirmed by the City
Council. Any vacancy in the Committee shall be filled by appointment by the
Mayor with the consent of the City Council for the unexpired portion of the term.
B. The Woodburn Public Art Mural Committee shall consist of two City Councilors,
two members who have experience, training or expertise in the visual arts, art
history, art criticism, or art education; and one at-large member.
C. All members of the Committee shall be legal residents of the City of
Woodburn.
Section 4. Terms of Office.
A. The terms of office of each Committee member shall be three years, or until
a successor is appointed and qualified. The terms of Committee members shall
be staggered so that the term of office of not more than two members will
expire in the same year. The terms of office shall expire at midnight on
December 31.
B. Members of the Committee shall receive no compensation for their services.
Section 5. Organization of the Committee.
A. The Committee shall elect a Chair and a Vice Chair.
B. The Economic and Development Services Director shall serve as Secretary to
the Committee. The Secretary, supported by other city staff, shall provide
notice of public meetings and public hearings, and keep minutes of all
proceedings of the Committee in accordance with state law and city
ordinances.
C. Three members of the Committee shall constitute a quorum.
D. The regular meeting place of the Committee shall be at Woodburn City Hall.
Page 1 –Council Bill No. 2893
Ordinance No. 2487
47
The Woodburn Public
Section 6. Functions and Duties of the Committee.
Art Mural Committee is delegated the authority pursuant to this Ordinance to
select, acquire, receive, document and register public art murals on behalf of
the City of Woodburn.
Section 7. Public Art Mural Selection Criteria.
A. The Woodburn Public Art Mural Committee shall consider and apply the
following selection criteria in selecting and acquiring public art murals:
1. Strength of artist's concept for, and originality of, proposed public art
mural,
2. Demonstrated craftsmanship ofartist,
3. Appropriateness of scale of the public art mural to the wall on which
the proposedpublic art mural will be painted/attached,
4. Appropriateness of the scale of the public art mural to the surrounding
neighborhood,
5. Architectural, geographical, socio-cultural and/or historical relevance
of the public artmural to the site,
6. General support/advocacy for the public art mural from the building
owner/user, surrounding neighborhood, adjacent businesses, and arts
community,
7. Demonstrated ability to complete the proposed public art mural on
time and withinbudget,
8. The proposed public art mural will not be located on a single family
dwelling, duplex, or multi-family dwelling, as used in this subsection, single
family dwellings, duplexes, or multifamily dwellings does not include
mixed-use buildings which contain a single family dwelling, duplex, or
multi-family dwellings.
9. The proposed public art mural will not contain electrical components,
three dimensional structural elements; employ electrical lights as part of
the image, moving structural elements, flashing or sequential lighting,
interior lightingelements, any automated method that causes movement,
or any method thatcauses periodic changes in the appearance of the
public mural or changes themural image or message,
Page 1 –Council Bill No. 2893
Ordinance No. 2487
48
10. The proposed public art mural will be located in a manner that is
accessible to the public.
Section 8. Conditions of Approval.
A. Approval of any public art mural by the Woodburn Public Art Mural
Committee is required prior to commencement of the mural and the artist must
agree to donate the public art mural to the City of Woodburn.
B. Public art murals must be maintained and remain in place for a minimum of
seven yearswithout alterations.
C. The approval and acceptance of each public art mural shall be contingent
upon theconveyance of a public mural easement to the City from the owner of
the building uponwhich the public mural will be located. The easement shall be
in a form acceptable to the City Attorney and shall convey to the City the right
to install, maintain, operate and exhibit the public art mural and provide that
the person granting the easement will maintain thepublic art mural, and, if
necessary, restore the public art mural to its original condition for theperiod of
the easement, and provide that, upon expiration of the easement, the property
owner will remove the public art mural and restore the building to its prior
condition.
The artist will submit an
Section 9.Public Art Mural Application.
application for the proposed public art mural on a form prepared by the
Economic and Development Services Director. The application will include the
location, materials, size/dimensions, written description of the mural, and an
explanation of how the mural meets the selection criteria specified in this
Ordinance. In addition, an easement form shall be submitted that includes: a
legal description of the property upon which the mural will be placed, proof of
ownership of the property (i.e. a copy of the deed), and proof of identity of the
person who has the authority to sign the easement form.
Each application for a
Section 10. Public Art Mural Application Fee.
proposed public art mural shall be accompanied with an application fee in the
amount of $1,148. This application fee is intended to partially defer the City’s
costs in processing the application.
The Committee shall hold a public
Section 11. Notice of Public Hearing.
hearing on the proposed public art mural. Written notice of a public hearing
shall be published once in a newspaper of general circulation and shall be
posted on the building where the public mural will be placed. Public notice shall
be given no later than thirty days before the public hearing. The notice shall
Page 1 –Council Bill No. 2893
Ordinance No. 2487
49
explain the purpose of the hearing, and contain a preliminary sketch and
written description of the mural.
At the public hearing, any interested person
Section 12. Public Hearing.
shall be afforded the opportunity to speak or to present written evidence to the
Committee.
After the conclusion of the public hearing, the
Section 13. Final Decision.
Committee shall deliberate and make a final decision of the proposed public
art mural. The final decision by the Committee shall be in written form and shall
contain findings and conclusions explaining how the public art mural selection
criteria were applied to the application.
The Committee shall provide notice
Section 14.Notice of Final Decision.
of its final decision to the applicant and all persons who presented testimony or
submitted written evidence at the public hearing.
The final decision of the
Section 15. Judicial Review of Final Decision.
Committee is not a land use decision and is reviewable exclusively by Writ of
Review filed in the Marion County Circuit Court as provided in ORS 34.010 to ORS
34.102.
Approved as to form:
City AttorneyDate
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 1 –Council Bill No. 2893
Ordinance No. 2487
50
Agenda Item
June 25, 2012
TO:Honorable Mayor and City Council
FROM:N. Robert Shields, City Attorney
SUBJECT:
Temporary Extension of WAVE Cable Television Franchise
:
RECOMMENDATION
Adopt the ordinance amending Ordinance 2307 (the WAVE cable television
franchise) to extend the franchise expiration dateuntil September 30, 2012.
:
BACKGROUND/DISCUSSION
The WAVE cable television franchise ordinance expires at the end of this fiscal
year. During the past few months, the City has been in franchise renewal
discussions with WAVE representatives.A lot has transpired during this period.
Early on,city staff consulted with a cable television expert because of the
involved technology issues and the complexity of telecommunications
regulations. However, that person relocated to Illinois and is no longer
accessible. Also, the attorney representing WAVE has changed. A San
Francisco lawyer was initially representing WAVE but this recently changed and
WAVE is now represented by its Executive Vice President, a lawyer I have known
for some time.
Finally, and most importantly, on June 11, 2012, WAVE gave the City formal
notice of its “transfer of control” filing with the Federal Communications
Commission. While it appears that the WAVE restructuring will only involve a
change in its private equity financing, it is still incumbent on the City to scrutinize
the material provided and respond in 120 days.
While I initially discussed with the City Administrator the alternative of extending
the WAVE franchise for a longer period (i.e., 3 years) in order to gain some
“breathing room” from the franchise renewal process, it now seems preferable
for the City to move ahead withboth the “transfer of control” response and
finalization of the WAVE franchise agreement in the next 120 days.
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___
51
Honorable Mayor and City Council
June 25, 2012
Page 2
WAVE has been contacted and agrees with the extension.
:
FINANCIAL IMPACT
None.
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COUNCIL BILL NO. 2894
ORDINANCE NO. 2488
AN ORDINANCE AMENDING ORDINANCE 2307 (THE WILLAMETTE BROADBAND,
LLC/WAVEDIVISION VII, LLCCABLE TELEVISION FRANCHISE)TO EXTEND SAID
FRANCHISEORDINANCE UNTIL SEPTEMBER 30, 2012AND DECLARING AN
EMERGENCY.
Ordinance 2307 granteda franchise(“the Existing Franchise”)
WHEREAS,
to Willamette Broadband, LLCto operate a cable television systemfor a 10 year
period within the corporate limits of the City of Woodburnunder the terms and
conditions of the November14, 2001 Cable Television Franchise Agreement
between the City of Woodburn, Oregon and Willamette Broadband, LLC (as
successor-in-interest to DirectLink of Oregon, Inc.); and
WaveDivision VII, LLCpurchased the cable television system
WHEREAS,
serving the City of Woodburn from Willamette Broadband, LLC and remained
subject to the Existing Franchise; and
the parties to the Existing Franchise have been negotiating in
WHEREAS,
good faith towards renewal; and
the parties now believe thatit would be in their mutual interest
WHEREAS,
to extend the Existing Franchise until September 30, 2012; and
a representative of WaveDivision VII, LLC has consented to this
WHEREAS,
extension of the Existing Franchise;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 3 of Ordinance 2307is amended to read as follows:
Section 1.
Section 3.The Franchise shall expire on September 30,
2012
This ordinance being necessary for the immediate preservation
Section 2.
for the public peace, health, and safety, in that it is important that the
franchisee under the Existing Franchiseis able to continue tooperate a cable
television systemwhile negotiations take place, an emergency is declared to
exist and this ordinance shall take effect immediately upon passage and
approval by the Mayor.
Page 1 – Council Bill No. 2894
Ordinance No. 2488
53
Approved as to form:
City AttorneyDate
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. 2894
Ordinance No. 2488
54
55
Agenda Item
June 25, 2012
TO:Honorable Mayor and City Council
FROM:Scott C. Derickson, City Administrator
SUBJECT:
Temporary Extension of Data Vision Franchise
:
RECOMMENDATION
Adopt the ordinance amending Ordinance 2318 (the DataVisionfranchise) to
extend the franchise expiration dateuntil September 30, 2012.
:
BACKGROUND/DISCUSSION
The Data Vision telecommunications franchise is set to expire at the end of the
fiscal year. Since the City has been coordinating the renegotiation of the Data
Vision franchise with the renewal of the WAVE cable television franchise, it is
logical to also extend the expiration of the Data Vision franchise until September
30, 2012.
I have contacted John Hoffman, the President/CEO of Data Vision, and he
agrees with this extension.
:
FINANCIAL IMPACT
None.
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___
56
COUNCIL BILL NO. 2895
ORDINANCE NO. 2489
AN ORDINANCE AMENDING ORDINANCE 2318 (THE DATA VISION
COMMUNICATIONS/DATA VISION, LLC FRANCHISE)TO EXTEND SAID FRANCHISE
ORDINANCE UNTIL SEPTEMBER 30, 2012 AND DECLARING AN EMERGENCY.
Ordinance 2318 granteda franchise(“the Existing Franchise”)
WHEREAS,
to Data Vision Communications to place telecommunication facilities in City
right-of-way for a 10 year periodwithin the corporate limits of the City of
Woodburn;and
the parties to the Existing Franchise have been negotiating in
WHEREAS,
good faith towards renewal; and
the parties now believe thatit would be in their mutual interest
WHEREAS,
to extend the Existing Franchise until September 30, 2012; and
a representative of Data Vision Communications, LLC has
WHEREAS,
consented to this extension of the Existing Franchise;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 4 of Ordinance 2318is amended to read as follows:
Section 1.
Section 4.The Franchise shall expire on September 30,
2012
This ordinance being necessary for the immediate preservation
Section 2.
for the public peace, health, and safety, in that it is important that the
Franchisee under theExisting Franchise is able to continue tooperate 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 AttorneyDate
Approved:
Kathryn Figley, Mayor
Passed by the Council
Page 1 – Council Bill No. 2895
Ordinance No. 2489
57
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. 2895
Ordinance No. 2489
58
Agenda Item
Agenda Item
June 25, 2012
TO:Honorable Mayor and City Councilthrough City Administrator
FROM:Christina Shearer, ActingFinance Director
SUBJECT:
2011-2012 Supplemental Budget
RECOMMENDATION:
Approve the attached resolution approving a supplemental budget for fiscal year
2011-2012.
BACKGROUND:
From time to time during the fiscal year, staff identifies necessary changes to the
adopted budget as new information becomes available. ORS 294.480 allows the
governing body to adopt a supplemental budget under certain conditions or when
an unanticipated‘event’ occurs. When those changes in the original budget via
the supplemental budget exceed 10% of the original appropriation in any one fund
a public hearing must be held to discuss the changes and to receive public input.
Those changes to the original budget are outlined below and summarized in the
attached resolution and Exhibit A.
DISCUSSION:
It should be noted that the 2011-2012 adopted budget for the General Fund is
$13,245,545 and will not change with this supplemental budget. Additionally, the
total 2011-2012 adopted budget for all funds is$49,199,466 and will increase by
$35,000 to $49,234,446, or0.07%. The increase is due to increased services to our
contracted Information Services programs and is offset completely by billings for
those services.All other budget modifications are appropriation transfers between
budget categories, with no effect on total budget. Following are the specific
adjustments proposed.
Transit
Transit has seen an increase in personal services costs related to increased service
hours. These increases are anticipated to be covered by grant reimbursements that
have yet to be received. In addition, an expense for capital equipment budgeted
in the last budget year wasreceived in the current year.
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___
59
Honorable Mayor and City Council
June 25, 2012
Page 2
RSVP
This program has shifted its operational methods from relying on employed staff to
more contracted services.
Wastewater Construction
The issuance of bonds to refinance existing debt and for additional expansion
resulted in a restructuring of the debt service and an increase in issuance costs.
Due to delays in the construction project, a transfer of funds from Capital Outlay to
Materials & Services and Debt Services will cover the additional costs associated
with the bond issue.
Sewer & Building Maintenance
Finance & Public Works Administration discovered an error in calculating Personal
Services costs for both the Sewer and Building Maintenance fund personnel. There
is no change in the positions budgeted or the salaries of employees. In both cases,
the Materials & Services budget is being reduced to cover the increase in Personal
Services.
Information Services
The Information Services section has seen increases in the services provided through
our intergovernmental agreements. The additional costs of Materials & Services
and Capital Outlay will be covered by increases in billed revenue for the services
and materials provided.
FINANCIAL IMPACT:
The requested supplemental budget is budget neutral to the Transit, RSVP, Sewer
Construction, and Building Maintenance Funds.
The requested supplemental budget increases the materials and services and
capital outlay budgetin the Information Services fund by $35,000 as noted above.
This increaseis funded entirely by fees charged to customers for services.
60
COUNCIL BILL NO. 2896
RESOLUTION NO. 2014
A RESOLUTION APPROVING TRANSFERS OF FY 2011-2012APPROPRIATIONS AND
APPROVING A SUPPLEMENTAL BUDGET.
ORS294.450(1) permits “transfers of appropriations” within any
WHEREAS,
fund “when authorized by official resolution or ordinance of the governing
body”; and
ORS294.450(2)limits “[t]ranfers of general operating
WHEREAS,
contingency appropriations to no more than ten (10) percent of the total
appropriations of the fund” unless adopted pursuant to a supplemental budget;
and
transfers made pursuant to any of the above must state the
WHEREAS,
need for the transfer, the purpose for the authorized expenditure, and the
amount of the appropriation transferred; and
ORS294.480(1)(a) permits supplemental budgets when “an
WHEREAS,
occurrence of condition which had not been ascertained at the time of the
preparation of a budget for the current year or current budget period which
requires a change in financial planning”; and
ORS294.480(4) requires the governing body to hold a public
WHEREAS,
hearing on the supplemental budget “when the estimated expenditures
contained in the supplemental budget for fiscal year or budget period differ by
then (10) percent or more of any one of the individual funds contained in the
regular budget for that fiscal year”; and
the following transfer is made pursuant to ORS 294.450; and
WHEREAS,
the following supplemental budget is made pursuant to ORS
WHEREAS,
294.480; and
a public hearing was heldto discuss the supplemental budget
WHEREAS,
changes pursuant to ORS 294.480(4);
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
That pursuant to the applicable ORS provisions cited above,
Section 1.
the City Council hereby approves the transfers of appropriations and
supplemental budget for FY 2011-2012in the amounts listed in Exhibit “A.”
Page 1 –
COUNCIL BILL NO. 2896
RESOLUTION NO. 2014
61
Approved as to Form:
City AttorneyDate
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. 2896
RESOLUTION NO. 2014
62
City of Woodburn
2011-2012 Supplemental Budget
Exhibit A
June, 2012
FundOriginalSupplemental Revised
Transit
Personal Services 328,683 36,000 364,683
Materials & Services 251,671 (27,500) 224,171
Capital Outlay 19,352 1,500 2 0,852
Contingency 19,474 (10,000) 9,474
RSVP
Personal 82,222 (1,000) 8 1,222
Materials & Services 5,640 1,000 6,640
WWTP
Materials & Services 1,210,000 250,000 1,460,000
Capital Outlay 2,076,495 (280,000) 1,796,495
Debt Service 2,514,599 30,000 2,544,599
Sewer
Personal Services 1,287,474 60,000 1,347,474
Materials & Services 1,031,582 (60,000) 971,582
Information Services
Revenue - Charges for Services (704,674) (35,000) (739,674)
Materials & Services 364,773 19,000 383,773
Capital Outlay 120,300 16,000 136,300
Building Maintenance
Personal 370,565 10,000 380,565
Materials & Services 345,910 (10,000) 335,910
0.07114%
63
Agenda Item
June 25, 2012
TO:Honorable Mayor and City Council
FROM:Scott Derickson, City Administrator
SUBJECT:
Allied Waste 2012 Food Waste Program and Rate Proposal
:
RECOMMENDATION
Consider the attached proposal fromAllied Waste to provide food recycling
services to the City of Woodburn.
:
BACKGROUND & DISCUSSION
During the City Council’s 2012 Council meeting, Allied Waste made a
presentation regarding the possibility of adding a food recycling program to the
current level of services already being provided under their existing franchise
agreement. At the conclusion of themeeting, it was agreed that Allied Waste
would provide additional information to the City regardingthe financial impact
of addingthe additional services.
Consequently, Allied Waste then submitted a formal proposal, containing
estimated costs of food recycling services, to the City on March 26, 2012. I
forwarded totheCity Council Allied Waste’s proposal on April 9, 2012 for review
pending tonight’scouncil meeting. I have attached a current copy of this
proposal(dated July 1, 2012), the numbers have not changed.
Councilors will see that adding a food recycling program would add an
additional 3%, or an increase from $19.75 per month to $20.35 per month, for a
standard 20 gallon can. In terms of a 90gallon commercial can, the rates
would increase 4.1%, or $37.00 per month to $38.50 per month. And for a 10
yard industrial can, rates would increase 3.5%, or $125 per month to $129.40 per
month.
The charts below include Allied Waste’s Draft 2012 Rate Proposal with Mixed
Residential Organicsand their Proforma Statement of Income:
Agenda Item Review:City Administrator ______City Attorney ______Finance _____
64
Honorable Mayor and City Council
June 25, 2012
Page 2
Allied Waste Services of Marion County
2012 Rate Proposal with Mixed Residential Organics
Proposed rates, effective 7/1/12
Current
Proposed
ResidentialCartRates
$ $
20
$
$
$$
35
25
$$32$
65
$
$$
90
CommercialRates
$
$$
35
$
$$
653
$
90gallon
$
$
$
90
$30
$40
$
1
$40
$$
1.5
$5.
$$
2
$
$$
3
$11
$$
4
$
$$
$16
$$
4
6
$
$$
8
IndustrialRates
$ 4.40
$$
10
$4.95
$$
20
$
$$164
30
$
$$
40
90gallonmixedorganicscart
$1.55
Additional90gallonmixedorganics
$
Additional65gallonmixedorganics
$
ResidentialProgramincludesweekly mixedorganicsn
ResidentialTieredrateincreasesarestructuredtoencouragerling
65
Honorable Mayor and City Council
June 25, 2012
Page 3
Allied Waste of Marion County
City of Woodburn
Proforma Statement of Income For the twelve months ended December 31, 2011, and projected 2012
Projected
Projected With
2011%Change
NoRate Waste
ChangeChange
Revenue
34853,546,7141.7%3546,7140%36108071.8%
CostofOperations
2554934
2,7048679%2,7418424%2,7644312%
GrossProfi
9310368418476%804872-44%8463765%
Salaries,GeneralandAdministrative
391,89643793111.7%4445001.5%431165
OperatingIn
53919161%3718%4152102
Provision forIncomeTaxes
215656161
5661%1441488%16608428%
Income
484242,3491%2162238%2491262
Incomeasa PercentageofRevenue
93%6.8%1%
:
FINANCIAL IMPACT
The financial impacts include increase monthly cost to Allied Waste Customers
andother as identified in the above chart.
66
AlliedWasteServicesofMarionCounty
2012FoodWasteProgramandRateProposal
Proposedrates,effective7/1/12
67
April2,2012
MayorFigley/MembersofCouncil
Woodburn,OR
MayorFigley,MembersofCouncilandCityStaff:
Enclosedisapacketofinformationregardingtheadditionoffoodwaste
collectiontotheresidentialyarddebriscollectionroutesinWoodburn.
Thisproposalincludesa3.6%rateincreasethatwillfundtheadditionalcosts
associatedwiththenewprogram,aswellascoverinflationarycostsforthelast
twoyears.Financialstatementsincludeactualresultsfor2010and2011,and
projectedresultsfor2012withthepriceincreaseapproved,aswellasthe
financialimpactofnopriceincrease,andnonewprogram.
Wearealsoproposingaslightchangeinthe‘optout’languageforresidential
customers.Currently,thosecustomersdonothavea65gallonrecyclecart,
usinginsteadan18gallonbinforrecycling.Thechangedeliversa35gallon
recyclecarttothosecustomers,atnoadditionalcharge.Thischangeallowsus
toimproveourefficiencyincollection,whilemaintainingtheloweredpricefor
thesecustomers.
Wehavealsoincludedchartsthatidentifyourcoststructure,aswellasahistory
ofpastpriceincreasesrelativetotherateofinflation.
Theratesheetsidentifyourcurrentrates,bytypeofservice,aswellasthe
projectedratestructureforthesame.
Weareproudtoprovidetherecyclingandwastecollectionservicestothe
residentsofWoodburn.Ilookforwardtothisdiscussion,andhopeyouwillall
feelfreetocallwithquestionsorconcernsregardingthisproposal.
BestRegards,
CarolDion
GeneralManager
AlliedWasteServicesofMarionCounty
68
AlliedWasteofMarionCounty
CityofWoodburn
ProformaStatementofIncome
ForthetwelvemonthsendedDecember31,2011,andprojected2012
2012Projected2012Projected
%NoRate%WithFood
20102011ChangeChangeChangeWasteProgram%Change
Revenue3,485,9703,546,7141.7%3,546,7140.0%3,610,8071.8%
CostofOperations2,554,9342,704,8675.9%2,741,8421.4%2,764,4312.2%
GrossProfit931,036841,847-9.6%804,872-4.4%846,3760.5%
Salaries,GeneralandAdministrative391,896437,93111.7%444,5001.5%431,165-1.5%
OperatingIncome539,140403,916-25.1%360,371-10.8%415,2102.8%
ProvisionforIncomeTaxes215,656161,566-25.1%144,148-10.8%166,0842.8%
Income323,484242,349-25.1%216,223-10.8%249,1262.8%
IncomeasaPercentageofRevenue9.3%6.8%6.1%6.9%
69
AlliedWasteofMarionCounty
CityofWoodburn
ProformaScheduleofDirectExpenses
ForthetwelvemonthsendedDecember31,2011,andprojected2012
2012Projected
%2012Projected%WithFoodWaste%
20102011ChangeNoP.I.ChangeProgramChange
COSTOFOPERATIONS
Labor476,977520,1099.0%527,9111.5%539,8453.8%
1
RepairsandMaintenance169,461170,2350.5%174,4912.5%178,4694.8%
VehicleOperatingCosts148,213193,18630.3%216,56112.1%222,19715.0%
2
Facility139,561144,7663.7%146,2141.0%141,827-2.0%
Insurance106,294105,328-0.9%105,3280.0%106,9861.6%
Disposal1,111,2541,077,539-3.0%1,077,5390.0%1,078,3920.1%
3
RecyclingPurchases35,46466,34287.1%66,3420.0%66,3420.0%
4
FranchiseFees167,479180,8678.0%180,8670.0%183,7841.6%
OtherOperatingCosts28,8529,491-67.1%9,5861.0%9,5861.0%
5
Depreciation171,380237,00438.3%237,0040.0%237,0040.0%
6
TOTALCOSTOFOPERATIONS2,554,9342,704,8675.9%2,741,8421.4%2,764,4312.2%
391,896437,93111.7%444,5001.5%431,165-1.5%
TOTALSALARIES,GENERAL&ADMINISTRATIVE
7
WageChanges,Increasesinbenefitscostshigherthaninflation,additionalsupervisor
1
Fuelcostincreases
2
Nochangeinrate,reductioninnon-recyclablematerial
3
Recyclingrebatespaidtoindustrialcustomersincreasingwithcommoditiesmarket
4
ReclassificationofFreonDisposalCosts
5
Woodburnallocationofsixnewroutevehicles
6
WageChanges,Increasesinbenefitscostshigherthaninflation
7
70
AlliedWasteServicesofMarionCounty
CurbsideMixedYardDebrisandFoodWasteCosts
Highlights
Weeklycustomerparticipationincreasesby15%
0.5%
(10addedroutehoursperweek)
AdditionalDisposalTripTime0.1%
AdditionalDisposalExpense
0.4%
($12.50/tonrateincrease+additionalvolume)
TotalIncreaseforNewProgram
1.0%
1.5%
FuelExpenseIncreases
1.1%
LaborCostIncreases
TotalPriceProposalWithNewProgram
3.6%
71
CumulativePercentage
AlliedWasteServicesofMarionCounty
2012RateProposalwithMixedResidentialOrganics
Proposedrates,effective7/1/12
CurrentProposed%Change$Change
ResidentialCartRates
20gallon$19.75$20.353.0%0.60$
35gallon$22.35$23.002.9%0.65$
65gallon$31.70$32.953.9%1.25$
90gallon$35.80$37.404.5%1.60$
CommercialRates
35gallon$19.00$19.753.9%0.75$
65gallon$28.00$29.103.9%1.10$
90gallon(Organics)$32.00
90gallon$37.00$38.504.1%1.50$
1yard$83.10$86.404.0%3.30$
1.5yard$110.40$114.804.0%4.40$
2yard$141.90$147.604.0%5.70$
3yard$212.80$221.304.0%8.50$
4yard$283.65$295.004.0%11.35$
5yard$354.55$368.754.0%14.20$
6yard$419.25$436.004.0%16.75$
8yard$559.05$581.404.0%22.35$
IndustrialRates
10yard$125.00$129.403.5%4.40$
20yard$141.00$145.953.5%4.95$
30yard$159.00$164.603.5%5.60$
40yard$177.00$183.203.5%6.19$
90gallonmixedorganicscartupgrade$1.55
Additional90gallonmixedorganicscart$10.95
Additional65gallonmixedorganicscart$10.85
ResidentialProgramincludesweeklymixedorganicscollection
ResidentialTieredrateincreasesarestructuredtoencouragerecycling
74
AlliedWasteServicesofMarionCounty
2012RateProposalwithMixedResidentialOrganics
Proposedrates,effective7/1/12
CurrentProposedSilvertonHubbardMarionCo.Mt.AngelStayton
ServiceLevel
65gRB65gRB90gRW90gRB90gRB90gRB90gRB
65gR=65gMixedRecycleCart/Bin
65gYW65gYW65gYW90gYB(noBin)90gYB65gYW
90gR=90gMixedRecycleCart/Bin
w/Organics
65gY=65gYdDebrisCart
90gY=90gYdDebrisCart
B=Bi-Weekly
W=Weekly
ResidentialCartRates
20gallon$19.75$20.35$21.00$20.25$26.75$18.95$19.80
35gallon$22.35$23.00$24.00$22.75$27.50$21.30$23.30
65gallon$31.70$32.95$29.00$26.45$34.35$26.30$31.70
90gallon$35.80$37.40$31.00$30.10$41.85$29.00$35.50
CommercialRates
35gallon$19.00$19.75$17.00$18.10$22.75$16.85$17.10
65gallon$28.00$29.10n/an/a$34.25$22.15$28.20
90gallon$37.00$38.50$27.00$35.65$44.15$27.30$37.35
90gallon(organics)$32.00
1yard$83.10$86.40$88.00$104.65$77.20$89.50$90.10
1.5yard$110.40$114.80$117.00$138.95$103.45$118.80$111.85
2yard$141.90$147.60$150.00$179.85$132.75$152.85$147.10
3yard$212.80$221.30$212.00$270.25$199.50$216.20$209.00
4yard$283.65$295.00$274.00$360.00$265.80$289.65$261.15
5yard$354.55$368.75$362.00$421.00$333.00$355.40$302.50
6yard$419.25$436.00$399.00$539.60$356.80$421.05$335.50
8yard$559.05$581.40$523.00$719.50$475.00$493.40$439.30
IndustrialRates
10yard$125.00$129.40$122.00$136.00$148.50$123.00$161.70
20yard$141.00$145.95$133.00$154.00$148.50$135.00$161.70
30yard$159.00$164.60$148.00$174.00$169.40$151.80$161.70
40yard$177.00$183.20$175.00$193.00$218.00$173.00$161.70
90gallonmixedorganicscartupgrade$1.55
Additional90gallonmixedorganicscart$10.95
Additional65gallonmixedorganicscart$10.85
75
WOODBURNRATESHEET
Proposedrates,effective7/1/12
COMMERCIALRATES
SIZECOMM.EXTRA
CARTTRIP(EXT)
35gallon
$19.75$16.95
65gallon
$29.10$19.30
90gallon
$38.50$21.65
90gallonOrganics
$32.00$20.00
CBB
$5.80
YardCart
$10.40
ExtraTrip(EXT)-OFFROUTE:1/4MONTHLYRATE+$12(roundtonearest$.05)
Requesttochangeorswitchcontainer:$35.00
Containerre-delivery/re-startfornon-pmt:$25.00
SIZEONETWOTHREEFOURFIVEEXTRA
(loose)X/WEEKX/WEEKX/WEEKX/WEEKX/WEEKTRIP
1yard
$86.40$167.55$244.40$317.70$413.05$33.60
1.5yard
$114.80$229.60$325.15$422.70$549.50$40.70
2yard
$147.60$300.15$473.90$606.65$788.60$48.90
3yard
$221.30$447.75$629.20$863.75$1,122.85$67.33
4yard
$295.00$584.60$839.70$1,091.60$1,419.10$85.75
5yard
$368.75$717.70$1,049.05$1,363.75$1,772.90$104.19
6yard
$436.00$837.80$1,258.40$1,635.90$1,976.10$121.00
8yard$581.40$1,148.60$1,678.25$2,181.70$2,836.25$157.35
ManualServicerate:
1-2emptiesperweek:$17.00/month/container
3-6emptiesperweek:$20.00/month/container
*Cardboardavailablew/weeklyserviceforNOCHARGEEXY(extrayardage):
$22.85/yard
*Compactedcontainerscharged@2.5X'slooserate
TEMPORARYCONTAINERS
SIZETOTALDELIVERYDISPOSALEXY
3yard$121.10$40.00$81.10$22.85/yard
Rentcharge(*apply7daysfromdeliverydate):
Day:$6.00
Month:$85.00
76
WOODBURNRATESHEET
Proposedrates,effective7/1/12
INDUSTRIAL-DROPBOXRATES
Rentcharge(*apply4daysfromdeliverydate):
Temporary:Permanent:Screenbox,perhaul:$12.00
Relocate,perbox:$40.00
(morethantwohauls/month)
Day:$10.00Day:$6.00Liner,perbox:$40.00
Month:$125.00Month:$85.00Dryrun,perbox:$50.00
Overweight,perbox:$125.00
SIZETOTALDELIVERYHAULDISPOSALCOMPACTORHAUL
*weightlimitis10tons/
*Disposal:111%of
20,00pounds
WTEFrate($67.45)
GARBAGE10yard
$266.85$36.25$129.40$101.20$163.90/haul
10yard
$384.60$36.25$145.95$202.40$74.87/tondisp.
20yard
$504.45$36.25$164.60$303.60
30yard15yard
$624.25$36.25$183.20$404.80$174.40/haul
40yard
$74.87/tondisp.
20yard
Unacceptabledropboxitems:$184.85/haul
Hazardousmaterials,televisions,computermonitorsandmodems.$74.87/tondisp.
25yard
Tiresandapplianceswillincuradditionaldisposalcosts(peritem);$195.30haul
$74.87/tondisp.
30yard
Passengerwithoutrims$3.00$195.30/haul
Passengerwithrim$4.00$74.87/tondisp.
Truckwithoutrims$8.5040yard
$14.00
Truckwithrims$227.85/haul
Tractor-fallsunderhourlylaborrate$74.87/tondisp.
LargeappliancesthatcontainFreon$25.00
LargeapplianceswithoutFreonN/C
77
WOODBURNRATESHEET
Proposedrates,effective7/1/12
RESIDENTIALRATES
Pick-updates:
Mon/Fri.
Includedwithserviceweekly:
Trash,65GOrganics
Bi-weekly:
65GMixedRecycleCartandBin
SIZEPKG90GORGANICS
PRICEPKG
20gallon
REGULAR$20.35$21.90
OPTOUT-35gRCCART$18.55$20.10
35gallon
REGULAR$23.00$24.55
NON-CURB
HARDSHIP
OWNCAN
65gallon
REGULAR$32.95$34.50
NON-CURB
HARDSHIP
OWNCAN
90gallon
REGULAR$37.40$38.95
NON-CURB
HARDSHIP
OWNCAN
AdditionalOrganicscart:
Returnfee:$10.95
On-callpick-up:$9.5065G:$10.85/month
Sharps:$14.8590G:$10.95/month
Recycleonly:$5.25
Extracan/bag/box:$5.50Alatefeeof18%perannumwitha$5.00
Requesttochangeorswitchcontainer:$15.00monthlyminimumwillbechargedfor
non-paymentafter45daysfrominvoice
(afterallowedonechange@n/c)
Recycle/Yardcartcontaminated:$10.00/cartdate.
MFCApts&MobileHomeParks
(4ormoreadjoiningunits,underonebilling)
SIZEW/RECW/ORGANICS
&BIN&RECCART/BIN
20gallon
35gallon
$23.15$23.50
65gallon
$31.00$31.50
90gallon$36.80$37.00
78
WOODBURNSUPPLEMENTALSERVICES
Proposedrates,effective7/1/12
TYPEOFSERVICERATE
Hourlylaborrates(porttoport):
$2.10/minute(oneperson,onetruck)
$2.85/minute(twopersons,onetruck)
Specialservicesnotlisted:
Haulerwillchargethereasonablecostofcollectionanddisposal.
Chargetoberelatedtoasimilarschedulefeewherepossible.
Appliances:
$25.00
LargeappliancesthatcontainFreon(accessible@curb)
LargeapplianceswithoutFreon(accessible@curb)$5.00
Bathtub/Sink/Toilet:
Fiberglasstub/shower$11.00
Castirontub/shower$negotiable
Toilet$10.00
Sinks$10.00
CarBatteries:
Returntoplaceorpurchaseorcallrecyclehotlinefordropofflocations,
503.588.5169
ForHaulertopickupatcurb$10.00
Carpets:
Wet/dry$25.00/yard
ChristmasTrees:
$9.00
Tinselorflockedtrees-garbagedisposalrateswouldapply
ResidentialGreen-pickedupatcurb:
$0.00
TwoweeksfollowingChristmasday:
Commercial(accessible@curb)$9.00
Largefurniture:$25.00
(peritem)
Smallfurniture:$15.00
(peritem)
Hide-a-bed:$25.00
(peritem)
Mattresses:
Twinmattress$5.00
$5.00
Twinboxspring
Double/queenmattress$10.00
Double/queenboxspring$10.00
$15.00
Kingmattress
Kingboxspring$15.00
79
Customersshallnotplacehazardouschemicals,paints,corrosivematerials,hotashesordirt/rocks
intothecartsorbins.
Damagedcartsorbinsduetononcompliancewiththeaboverestrictions,orunretrievedcartsor
binsmaybereplacedbythehaulerthebelowcosttothecustomers:
Damagedorunretrievedcartsorbin:
Cart:$75.00Each
Bin$10.00Each
Vacationcredit:
Therewillbeaproratedcreditallowedontheregularmonthlychargeforservicewhichiscanceled
fortwoweeksormore,whenHaulerisnotifiednolaterthannoononthebusinessday,excluding
weekends,priortothedateofdiscontinuance.
Nocreditwillbeallowedforservicewhichiscanceledforlessthantwoweeks.
Returntripfee:
Wherethecustomerdoesnothavethecart,containerordropboxattheregularlocationreadyto
beemptiedwhenthehauler'struckarrivesissubjecttoareturntripfeeasdetailedontherate
structurespreadsheets.
ManualServiceCharge:
Receptacle(s)mustbelocatedinasinglelocationwithacceptablevehicleturningradiusand
adequatedriveupaccess.Receptacle(s)mustbeaccessiblewithoutmanualmovement,ifmanual
movementbydriverisrequiredinordertoservicereceptacle(s),
amonthlymanualservicechargewillapply.
Bankruptcyandaccountclosuresforfailuretopay:
Paymentofserviceprovidedandtwomonthsadvancepaymentrequiredforresidentialand
commercialservice.Paymentisdueatdeliveryofserviceforindustrialservice.
Serviceinterruptfee/latefees:
Alatefeeof18%perannumwitha$5.00monthlyminimumwillbechargedfor
non-paymentafter45daysfrominvoicedateforalllinesofbusiness.
Flatfeeof$25.00willchargedafter60daysofnon-paymentforalllinesof
business.
80
CURRENTWOODBURNRATESHEET
COMMERCIALRATES
LOB10
SIZECOMM.EXTRA
CARTTRIP(EXT)
35gallon$19.00$16.75
65gallon$28.00$19.00
90gallon
$37.00$21.25
CBB
$5.80
YardCart$10.00
EXTRAPICKUP-OFFROUTE:1/4MONTHLYRATE+$12(roundtonearest$.05)
Requesttochangeorswitchcontainer:$35.00
Containerre-delivery/re-startfornon-pmt:$25.00
SIZEONETWOTHREEFOURFIVEEXTRA
(loose)X/WEEKX/WEEKX/WEEKX/WEEKX/WEEKTRIP
1yard
$83.10$161.10$235.00$305.50$397.15$32.80
1.5yard
$110.40$220.75$312.65$406.45$528.38$39.60
2yard
$141.90$288.60$455.70$583.30$758.28$47.50
3yard$212.80$430.55$605.00$830.50$1,079.65$65.20
4yard$283.65$562.10$807.40$1,049.62$1,364.51$82.90
5yard
$354.55$690.10$1,008.70$1,311.31$1,704.70$100.65
6yard
$419.25$805.55$1,210.00$1,573.00$1,900.10$116.80
8yard$559.05$1,104.40$1,613.70$2,097.81$2,727.15$151.80
Pulloutrate:$17.00permonth
*Cardboardavailablew/weeklyserviceforNOCHARGEEXY(extrayardage):
$22.00/yard
*Compactedcontainerscharged@2.5X'slooserate
TEMPORARY/SPECIALCONTAINERS
SIZEDELIVERYDISPOSALEXY
1yard
1.5yard
2yard
3yard$36.50$78.00$22.00/yard
81
CURRENTWOODBURNRATESHEET
INDUSTRIAL-DROPBOXRATES
LOB20
Rentcharge(*after4days):Screenbox,perhaul:$12.00
Day:$6.00Relocate,perbox:$40.00
Month:$85.00Liner,perbox:$40.00
Overweight,perbox:$110.00Dryrun,perbox:$40.00
SIZETOTALDELIVERYHAULDISPOSALCOMPACTOR
*weightlimitis10tons/
20,00pounds
10yard*10yard
GARBAGE$261.20$35.00$125.00$101.20$158.37haul
WOOD$160.00$35.00$125.00*$74.87/tondisp.
COMPOST$218.00$35.00$125.00$5.80/yard
CONCRETE/BRICK/15yard
DIRT$180.00$35.00$125.00$2.00/yard$168.48haul
METAL$160.00$35.00$125.00*$74.87/tondisp.
SHEETROCK$210.00$35.00$125.00$5.00/yard
20yard
20yard*
GARBAGE$378.40$35.00$141.00$202.40$178.58haul
WOOD$176.00$35.00$141.00*$74.87/tondisp.
COMPOST$292.00$35.00$141.00$5.80/yard
CONCRETE/BRICK/25yard
DIRT$188.69haul
METAL$176.00$35.00$141.00*$74.87/tondisp.
SHEETROCK$276.00$35.00$141.00$5.00/yard
30yard
30yard*
GARBAGE$497.60$35.00$159.00$303.60$188.69haul
WOOD$194.00$35.00$159.00*$74.87/tondisp.
COMPOST$368.00$35.00$159.00$5.80/yard
CONCRETE/BRICK/40yard
DIRT$220.15haul
METAL$194.00$35.00$159.00*$74.87/tondisp.
SHEETROCK$344.00$35.00$159.00$5.00/yard
40yard*
GARBAGE$616.80$35.00$177.00$404.80
WOOD$212.00$35.00$177.00*
COMPOST$444.00$35.00$177.00$5.80/yard
CONCRETE/BRICK/
DIRT
METAL$212.00$35.00$177.00*
SHEETROCK$412.00$35.00$177.00$5.00/yard
*refertooperationsformarketflucuations
82
CURRENTWOODBURNRATESHEET
RESIDENTIALRATES
Pick-updates:
Mon/Tues/Wed/Thur/Fri
Includedwithserviceweekly:Trash,65gYardDebris
LOB30
Bi-weekly:65gCommingleCartandBinRecycle
SIZEPKGADD'L
PRICEYARD
CART
20gallon
REGULAR$19.75$7.00
OPTOUT-NORCCART$18.00
35gallon
REGULAR$22.35$7.00
NON-CURB
HARDSHIP
OWNCAN
65gallon
REGULAR$31.70$7.00
NON-CURB
HARDSHIP
OWNCAN
90gallon
REGULAR$35.80$7.00
NON-CURB
HARDSHIP
OWNCAN
Alatefeeof18%perannumwitha$5.00
Returnfee:$10.50monthlyminimumwillbechargedfor
On-callpick-up:$9.10non-paymentafter45daysfrominvoice
Sharps:$14.30date.
Recycleonly:$5.00
Extracan/bag/box:$5.25
Requesttochangeorswitchcontainer:$15.00
(afterallowedonechange@n/c)
Yarddebriscontaminated:$8.30
MFCApts&MobileHomeParks
(Includesgarbageandbinonly)
(4ormoreadjoiningunits,underonebilling)
SIZEPRICEW/REC
CART
35gallon
$21.35$23.15
65gallon
$26.55$28.35
90gallon$35.00$36.80
83
Agenda Item
June 25, 2012
TO:Honorable Mayor and City Council through City Administrator
FROM:Dan Brown,Publics Works Director
SUBJECT:
ACCEPTANCE OF A PUBLIC UTILITY EASEMENT ON THE WESTERLY
PORTION OF 770 N. PACIFIC HWY, WOODBURN OR 97071 (Tax Lot
051W17BA02000)
RECOMMENDATION:
That Council accept a 16 foot Public Utility Easement for City water facilities
granted byAbbas Moradi, property ownerof 770 N. Pacific Hwy, Woodburn, OR
97071, Woodburn, OR 97071(Tax Lot 051W17BA02000).
BACKGROUND:
A permanent water line easement was a condition of annexation of 770 N.
Pacific Hwyto provide required fire protectionto the property. This easement
will allow the City’s existing water main to extend to theeastside of Hwy 99E
along the aforementioned property frontage.
DISCUSSION:
The Public Utility Easement is a16.0 feetwide by approximately 254feetlong
Waterline Easement that is located along the westerly propertyline of 770 N.
Pacific Hwy. It provides a permanent easementand right-of-way to construct,
reconstruct, operate, and maintain Water Mains, Service Lines and
Appurtenances.
FINANCIAL IMPACT:
There is no cost to the City for this Public Utility Easement since it was donated by
the property owner.
Attachments
ACopy of the properly signed public utility easement document is attached.
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___
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