Agenda - 08/14/2000WOODB URN CITY CO UNCIL AGENDA
August 14, 2000- 7.'OOp.m.
270 Montgomery Street, Woodburn, Oregon
1. CALL TO ORDER AND FLAG SALUTE
o
ROLL CALL
ANNOUNCEMENTS AND APPOINTMENTS
A. Music in the Park - Tuesday, August 15, 2000, Leonid Nosov, Folk Music of
Ukraine
B. E. Walter Lawson Family Fun Run, August 19, 2000, 8:00am, Centennial Park
PRESENTATIONS/PROCLAMATIONS
none
COMMITTEE REPORTS
A. Chamber of Commerce
B. Woodburn Downtown Association
Communications
none
BUSINESS FROM THE PUBLIC (This allows the public to introduce items for
Council consideration not already scheduled on the agenda.)
CONSENT AGENDA - Items listed on the consent agenda are considered routine and
may be enacted by one motion. Any item may be removed for discussion at the request
of a Council member.
B.
C.
D.
Special City Council Meeting Minutes of July 17, 2000 ............. 8A
Recommended Action: Approve.
City Council Meeting Minutes of July 24, 2000 .................. 8B
Recommended Action: Approve.
City Council Executive Session Minutes of July 24, 2000 ............ 8C
Recommended Action: Approve.
Planning Commission Meeting Minutes of July 27, 2000 ............ 8D
Recommended Action: Accept.
Page 1 - Council Agenda of August 14, 2000.
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10.
11.
12.
13.
14.
F.
G.
H.
I.
Woodburn Human Rights Commission Meeting Minutes of June 1, 2000 . . 8E
Recommended Action: Accept.
Claims Ibr July, 2000 ................................... 8F
Recommended Action: Approve
Building Activity Report for July, 2000 ....................... 8G
Recommended Action: Accept.
Police Activity Report for March, 2000 ....................... 8H
Recommended Action: Accept.
Planning Project Tracking Report for July, 2000 .................. 8I
Recommended Action: Accept.
GENERAL BUSINESS
Co
Eo
Sound Amplification Permit - Teen Swim and Dance ............... 9A
Recommended Action: Approve.
Lease Agreement with Union Pacific Railroad for Front Street
Improvements ........................................ 9B
Recommended Action: Authorize Mayor to Execute Agreement.
Contract Award for Sidewalk Construction Bid 20-22 ............... 9C
Recommended Action: Award contract to D&D Paving, dba Axis Curb Co., for
Parr Road sidewalk/bike lane improvements in the amount of $44,417. 25.
Mid-Willamette Valley Community Development Partnership ......... 9D
Recommended Action: Determine Council policy re: participation, and if
appropriate, Mayoral appointment of Woodburn representative.
Salem-Area Mayor's Request .............................. 9E
Recommended Action: Identify issues of regional significance for possible pre-
election panel discussion with candidates for Oregon Legislature.
TABLED BUSINESS
PUBLIC HEARINGS
no ne
PUBLIC COMMENT
NEW BUSINESS
PLANNING COMMISSION ACTIONS These are actions of the Planning Commission
that may be called up for City Council review.
Site Plan Review 00-07, request to enlarge current parking lot to provide 35
new off-street parking spaces, Washington Elementary School, 777 East Lincoln
Street, Bill Key/Woodburn School District, applicant .............. 14A
Page 2 - Council Agenda of August 14, 2000.
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Fo
Site Plan Review 00-11, Conditional Use 00-02, building additions to existing
industrial facility, Willamette Industries, 2550 Progress Way, Walter F.
Nielsen, applicant .................................... 14B
Site Plan Review 00-16, request for construction of tennis courts, Lot//8,
Orchard Greens, Tukwila Partners, applicant ................... 14C
Site Plan Review 00-19, modular classroom for Valor Middle School, 450 Parr
Road, Bill Key/Woodburn School District, applicant .............. 14D
Site Plan Review 00-20, expand the existing parking area for the Woodburn
Family Clinic at 1390 Meridian Drive, Peterson Kolberg & Associates,
14E
applicants .........................................
Partition 004)4, subdivide one lot into two, Lincoln Heights, 1035 E. Lincoln
Street, Mark Nyman, applicant ............................ 14F
Lot Line Adjustment 00-02, lot line adjustment request at 610 Glatt Circle,
Robert Engle, applicant (Administrative approval) ................ 14G
Subdivision 00-01 and Acceptance of Street Dedication, subdivision request for
Phase 2 of Montebello and a request to modify conditions 9 and 12 for
Montebello Phase I pertaining to providing a solid wall along the east project
boundary, Wilhelm Engineering, applicant .................... 14H
15.
16.
17.
18.
CITY ADMINISTRATOR'S REPORT
A. Analysis of Ballot Measure 93
MAYOR AND COUNCIL REPORTS
EXECUTIVE SESSION
............................ 15A
To consult with Counsel concerning the legal rights and duties of a public body
with regard to current litigation or litigation likely to be filed under the authority
of OR 192.660(1)(h).
To consider records that are exempt by law from public inspection pursuant to
OR 192.660(1)(f).
To evaluate the employment-related performance of the City Attorney pursuant
to OR 192.660(1)(i).
ADJOURNMENT
Page 3 - Council Agenda of August 14, 2000.
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JULY 17, 2000
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, JULY 17, 2000.
CONVENED. The special meeting convened at 7:00 p.m. with Mayor Jennings
presiding. The purpose of the meeting is to discuss the I-5 Interchange Refinement Plan.
0007 ROLLCALL.
Mayor Iennings Present
Councilor Bjelland Present
Councilor Chadwick Absent
Councilor Figley Present
Councilor Kilmurray Present
Councilor Pugh Present
Councilor Sifuentez Present
Staff Present: City Administrator Brown, Public Works Director Tiwari, Public Works
Manager Rohman, Senior Planner Mulder, City Recorder Tennant
0025
I-5 INTERCHANGE REFINEMENT PLAN.
Administrator Brown stated that this meeting was scheduled to begin the public
information process on the I-5 Interchange project. Numerous public meetings and focus
group meetings have been held over the last several months to produce the refinement
study which presents 3 alternatives for modification to the existing interchange. The City
will be asked to go through a process to formalize this refinement plan into the City's
Transportation Plan with further processing to the state level for future funding of any
final construction project. Each process will have its own public hearing, however, at this
meeting, the Council is being asked to make a policy choice to endorse the refinement
plan and initiate the steps that need to be taken to make it part of the Transportation Plan.
This meeting gives all affected citizens, including business owners, an opportunity to
understand what the refinement alternatives are before the Council makes a decision on
which alternative to select. He reviewed the different contacts made to let the public
know of this meeting in an effort to get citizen participation on this issue. He also stated
that discussion at this time is focused on making amendments to the existing I-5
interchange only since this is the alternative that federal, state, county, and local technical
staff have determined to be the alternative that will provide the traffic relief necessary
over the next 15 to 20 years. In order to see any interchange improvements in the future,
the City is required to make some change in the Transportation Plan. He stated that he
had invited Terry Cole, ODOT Project Manager on the interchange refinement study, and
Dan Frickey, ODOT Senior Transportation Planner, to provide a presentation which (1)
outlines how federal, state, and local policies have dictated how this project has taken
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shape, (2) to give another summary of the results of the refinement study, and (3) review
the general effect the alternatives will have on individual businesses.
Terry Cole, Project Manager, provided a general overview of the goals utilized in the
process, the findings, and the next steps to be followed in this process. During this
process, policies and standards established by the Federal Highway Administrator,
Oregon Dept. of Transportation, Woodburn Comprehensive Plan, Transportation
Planning Rule, and Quality Development Rules were all taken into consideration in
determining a final recommendation. Goals that were established included (1) meeting
travel demand associated with land uses within the City's Comprehensive Plan, (2)
meeting the major investment policy, (3) meeting the highway plan mobility policy, (4)
meeting the access management policy, (5) meeting the safety geometric standards, (6)
minimizing the physical impacts through use of guard rails and retaining walls, and (7)
minimizing the overall cost of construction and right-of-way acquisition. In reviewing
the alternatives that were available, it was determined that the 3 options were (1) tight
urban diamond, (2) standard diamond, and (3) partial cloverleaf. The refinement plan
recommends the standard diamond and partial cloverleaf alternatives being included in an
environmental document. He stated that there is some concern as to whether or not the
standard diamond would be able to achieve the appropriate approach grade without
having to lower I-5 a little bit in order to meet clearance standards. On the other hand,
the partial cloverleaf would eliminate left-turns from the intersections onto I-5 and it will
provide for a 6-lane crossing over I-5. It was also noted that internal traffic circulation in
the surrounding area will need to be improved and median control will be required to
keep traffic flowing down to Oregon Way. Additionally, the partial cloverleaf does have
more right-of-way impact than the standard diamond. The estimated cost for the standard
diamond is $21 million while the estimated cost for the partial cloverleaf is $16.9 million.
He stated that the option that appears to have the best operating characteristics is also the
least expensive and has the fewest local impacts. The refinement plan recommendation is
to take both options forward into an environmental impact document so that the
alternatives can be looked at in greater detail and then dealt with once the environmental
assessment was in progress. He stated that ODOT is not looking at a specific
endorsement, however, they are looking for clarification in the City's Transportation
System Plan in that the appropriate way to deal with the traffic problem is to fix the
existing interchange rather than a second interchange, and to make the appropriate
circulation improvements to the surrounding properties. He reminded the Council that
they can still make policy statements endorsing the County pursing second interchanges
in North Marion County. In any event, improvements will still need to be made to the
existing interchange and, in accordance with the State's major investment policy, it is
appropriate to take care of the existing interchange first.
In regards to right-of-way impact, it was noted that the partial cloverleaf does require the
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acquisition of more right-of-way to the east/west. Mr. Cole also stated that, even if
funding was allocated in the next legislature, it will still take 5 or 6 years before the
improvement project would be completed.
Brief discussion was held regarding the length of approach on a cloverleaf and, in this
case since it is a rural area, the approach would be longer thereby allowing motorists to
pickup more speed before entering the main stream of traffic.
Brief discussion was also held on spacing standards for a second interchange. Currently,
rural area spacing standards are 6 miles while current minimum urban standards are 2
miles.
Administrator Brown stated that the next step is proceeding with an actual amendment to
the Transportation Plan. Staff is working towards a January 2001 date in which to have
the amendment before the Council. There will be other issues to be addressed in the Plan
such as circulation, south by-pass, and street improvement standards. The zoning
ordinance and access management ordinance will also need some updates as part of this
process. The City will be asked to provide for a share of the cost towards this project,
however, the estimated cost for the project does not take into account the access
management circulation improvements needed both during and after construction. The
City's goal is to try to get the project on the ODOT statewide transportation improvement
plan (STIP) which at least be the portion that would proceed with the environmental
studies. The City will have to come up with a way of paying for the off-system
improvements which may include negotiating with the State the payment issue versus
credits towards improvements. The City has talked about a consolidated project of the I-5
interchange improvement plus Highway 214 widening all of the way to Boones Ferry
Road. Currently, the City has approximately $2 million that will be available as system
development fees are collected, however, more funds will be necessary to make this
project proposal work out with the State. Staff's approach is to try to keep the City's cost
as low as possible and to try to get credit for the money being put into off-system
improvements. Staff will also explore new state funding sources that has been made
available through the Governor's office and any other grant sources that can be identified.
Mayor Jennings stated that he had heard that some federal funds had been obtained for
the Newberg/Dundee project which will free up some ODOT funds.
Terry Cole stated that approximately $900,000 is now available to finish an
environmental assessment and funds were obtained from various federal, state, and local
sources.
1409
Dan Frickey stated that the project needs to be on the STIP for funding of the
environmental assessment study. ODOT is currently working towards the next budget
period in 2001 and the City needs to have the Transportation Plan amended by early
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2001. It was also noted that ODOT will formally adopt the STIP in July 2001, however,
the project list needs to be compiled by the end of this calendar year for review by
applicable agencies.
1684
Terry Cole stated that the Highway 214 widening project previously outlined in the
Strobeck list would provide for widening from Woodland Avenue to Oregon Way. He
stated that extending the widening project to Boones Ferry would be a feasible extension
when completing an environmental assessment.
Councilor Pugh stated that the necessary median to Country Club will result in an
infrastructure problem to the City, therefore, the State should consider additional funding
that would help offset widening costs to Boones Ferry Rd.
In regards to right-of-way acquisition, Terry Cole stated that right-of-way discussions
could begin with affected property owners as soon as the City's Transportation Plan is
amended. Closure of the right-of-way issues need to be done by the conclusion of the
environmental document.
1826
Administrator Brown stated that a second meeting date had originally been schedule for
July 31st, however, since there does not seem to be a need for the second meeting, he
suggested that the Council cancel the July 31st meeting. The Buildable Lands workshop
scheduled for 6:00 p.m on July 31st can be added to the regular Council meeting agenda.
Phil Hand questioned the length of time for this proposed construction project.
Terry Cole stated that, if money could be placed in the 2001-03 budget, the environmental
documentation process can take from 18 months to 2 years to complete depending upon
the complexity of the project. The next step is the right-of-way and preliminary/final
engineering process which can then take another 2 years to complete. Lastly, it will take
about a 2 season construction time frame.
Mick DeSantis stated that the widening of Highway 214 from Boones Ferry to I-5 is
necessary to make the interchange work.
Terry Cole stated that the refinement plan looked at the area from Woodland Ave to
Oregon Way, however, the traffic problem from Oregon Way to Settlemier will continue
to get progressively worse as the community grows.
It was noted that the City has been committed to try and extend the Highway 214
widening to Settlemier Ave/Boones Ferry Rd..
Some discussion was also held regarding right-of-way acquisition along Highway 214
near the intersection of Highway 214 and Cascade Drive.
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No objections were expressed by the Council regarding the staff's progression towards
amendment of the Transportation Plan.
2359
ADJOURNMENT.
FIGLEY/KILMURRAY... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:15 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, JULY 24, 2000.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding.
0007 ROLL CALL.
Mayor Jennings Present
Councilor Bjelland Present
Councilor Chadwick Present
Councilor Figley Present
Councilor Kilmurray Present
Councilor Pugh Present
Councilor Sifuentez Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Park & Recreation Director Westrick, Finance Director Gillespie, Police Chief
Null, Senior Planner Mulder, Public Works Manager Rohman, City Recorder Tennant
0022
ANNOUNCEMENTS.
A) Music in the Park: The next performance will be held on July 25, 2000, 7:00 p.m., in
Library Park. Guest performer will be Joanie Harms.
B) Library Board Vacancies: Mayor Jennings reminded the public that the Library
Board currently has 2 vacancies and he will continue to accept applications from
interested persons for another week. Applications can be obtained from the City
Administrator's office.
C) Cancellation of Special Council Meeting: The Special meeting scheduled for July
31, 2000 has been canceled.
D) Fiesta Mexicana: Mayor Jennings also reminded the public that Fiesta Mexicana
2000 will be held August 4-6 at Legion Park. As part of the scheduled activities, Ballet
Folkorico will be performing 2 different sessions of 2 hours each in the evening hours at
the Fiesta. The Fiesta will include live music, parade, food booths, arts and crafts, soccer
tournament, and children activities.
E) Parks & Recreation Grant Award: The Oregon Parks & Recreation Division has
awarded the City with a $192,500 local grant for Centennial Park Phase 11 development.
The new development will include 2 additional ball fields, restroom, landscaping, and
parking facilities.
0105
PRESENTATION: HUMAN RIGHTS AWARD.
Wendy Veliz, Human Rights Commission Vice-Chair, presented the award to Carmen
Lopez Ramirez for her many years of helping members of the community.
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Ms. Lopez Ramirez expressed her appreciation to the Commission for the recognition
that she is being given. She stated that her work at the medical, community gardens, and
on other local committees has been very awarding.
0220
PROCLAMATION: NATIONAL NIGHT OUT 2000 - AUGUST 1.
Mayor read the proclamation designating August 1, 2000 as "National Night Out" in the
City and urge local residents to support the 17m annual program by organizing
neighborhood watch groups to partner with the City's Police Dept. in crime, drug, and
violence prevention efforts.
0263
CHAMBER OF COMMERCE REPORT.
Patrick Vance, representing the Chamber Board, provided the following information on
upcoming events:
l) Business After Hours will be held at Woodburn CarCraft on July 24~ beginning at
4:30 pm.;
2) Business After Hours in August will be held at the Woodbum Dragstrip. This event
is scheduled for August 24~, 4:30 pm, and Hershberger Motors has donated some of his
vehicles to be used at the dragstrip and the Council is invited to attend, and participate, at
this annual event; and
3) He also stated that the new City map will be going to the press soon and there have
been numerous changes to the map as a result of the City's growth.
He also stated that the visiting dignitaries from the state of Wahocka, Mexico involved in
the medical profession were very impressed with the cooperation and work being done in
are area. Additionally, a sister clinic relationship was formally formed between Salud
and the Wahocka City hospital which they hope to be able to exchange information and
patient care capabilities. Next year, a delegation of health professionals will be going to
this area in Mexico to visit their facilities.
0365
Roberto Franco, Director of the Farmworker Housing Development Corporation, updated
the Council on the following projects his organization has been working on:
1) a 4-H program has the children involved in the community gardens;
2) the STARS program has been completed and they are very proud of the success which
is providing teenagers and other Latino youth in following the right path in their growth
as human beings;
3) they are working on the funding aspects of Phase lII of Neuvo Amanceer which will
then be the completion of the overall project. This phase will be a multi-purpose
educational facility to serve farmworkers at Neuvo Amanceer with would include a Head
Start program, child care program, a computer literacy training classroom and meeting
places for the residents and community in general. They have set a goal to raise about $1
million in grants from different foundation and private corporations.
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4) They are also working on a plan for a 6-house subdivision to sell to farmworkers and
they hope to have the plan completed and ready for construction by this time next year.
5) Lastly, they are working with farmworkers on establishing an Individual Development
Account program which is a savings matching program in which families can save up to
$25 per month and funds saved are available for education, a down payment or closing
costs for a family's first home, or to open a small business.
0485
CONSENT AGENDA.
A) Council minutes of July 10, 2000 (regular and executive session minutes);
B) Building Activity report for June 2000;
C) Claims for the month of June 2000;
D) Proposed EPA rule on reduction of arsenic limit in drinking water; and
E) Sound amplification permit for Fiesta Mexicana.
FIGLEY/SIFUENTEZ... adopt the consent agenda as presented. The motion passed
unanimously.
0503
BUILDABLE LANDS URBANIZATION PROJECT.
Community Development Director Goeckritz stated that the this discussion item is before
the Council for the purpose of providing staff with direction towards the development of
draft policies and goals through the periodic review process. The three items in which he
requested clarification of the Council's position are as follows:
1) Locations of mixed use campus;
2) Locations of light industrial; and
3) Lot size minimum for those areas which are outside of the current city limits but within
the Urban Growth Boundary.
As part of the information within the agenda packets, a map was included which
identified parcels of land that the Buildable Lands Committee considered as possible
locations for mixed use campus and light industrial. He reviewed the work yet to be
accomplished by the staff and Council in identifying and substantiating the land use
designations within the City's zoning ordinance and comprehensive plan. In summary,
the possible mixed use campus sites are as follows: Site 1-- 51.5 acres located within the
City limits and south of Walmart store; Site 2 -- 30 acres adjacent to Hwy. 211 on its
south property line and MacLaren school on its north property boundary; Site 3 -- 14
acres located on the west side of Boones Ferry Rd with its west property line adjacent to
the railroad tracks; Site 4 -- approximately 20 acres north of the Woodburn Company
Stores. In regards to Light Industrial locations, the possible sites are: Site 5 --
approximately 130 acres south of Hwy. 219 and adjacent to Waremart facility (outside
city limits and outside Urban Growth Boundary); Site 6 -- approximately 40 acres
adjacent to I-5 and north of the factory outlet (outside Urban Growth Boundary but
contiguous to the boundary); Site 7 -- 82 acres located in southeast quadrant of the City
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1225
and is contiguous to the city limits but outside of the Urban Growth Boundary; and Site 8
-- approximately 40 acres adjacent to and east of I-5 and south of the Capital
Development parcels (outside city limits but adjacent to the City's Urban Growth
Boundary).
Lengthy discussion was held regarding the specific sites and the need to narrow the
number of sites down to only 2 or 3 for each type of use which can then be included in the
periodic review process. It was noted by staff that all of the sites were going to need
some rationale and findings to substantiate the need, and, even though staff felt that these
sites were possibilities, they could not guarantee that all of the sites would be in the final
document. Further discussion was held regarding inclusion of sites that are currently
outside of the Urban Growth Boundary. Director Goeckritz stated that the City had
recently secured a grant to conduct an economic analysis study and a housing study
which, staff believes, will help to substantiate the City's position and rationale as to why
the City should be able to progress and incorporate additional land within the Urban
Growth Boundary.
It was the consensus of the Council to pursue sites 1 and 2 of the mixed use campus
locations, and sites 5, 7, and 8 of light industrial locations with the option to drop site 7 if
the need arises.
Director Goeckritz stated that the economic study will take 3 or 4 months before it
commences and another 2 months for it to be completed.
In regards to the minimum lot size requirement, the majority of the Councilors expressed
a desire to incorporate an 8,000 square foot minimum.
1720 COUNCIL BILL 2058 - RESOLUTION ENTERING INTO COOPERATIVE
AGREEMENT TO INSTALL SIGN BRIDGES ON HIGHWAY 214/219 AT THE
1760
I-5 INTERCHANGE.
Council Bill 2058 was introduced by Councilor Chadwick. Recorder Tennant read the
bill by title only since there were no objections from the Council. On roll call vote for
final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2058
duly passed.
EXTENSION OF "NO PARKING" ON EVERGREEN ROAD.
Staff recommended the extension of the "No Parking" area on both sides of Evergreen
south of Stacy Allison Way by another 200 feet for the purpose of providing better traffic
flow on Evergreen Road.
PUGH/FIGLEY... extend "No Parking" on both sides of Evergreen Road south of Stacy
Allison Way by approximately 200 feet. The motion passed unanimously.
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1806 AUTHORIZATION TO CLOSE STREETS FOR NATIONAL NIGHT OUT.
Mayor Jennings stated that Council action is requested to give the Police Chief blanket
authority to close streets in residential areas that are participating in the National Night
Out program on August 1
BJELLAND/SIFUENTEZ .... Police Chief be given blanket authority to close streets on
National Night Out on August I, 2000, from 6:00 pm to 10:00 pm. The motion passed
unanimously.
1831
SITE PLAN ACTIONS.
A) Site Plan Review//00-07: Washington School parking lot addition
B) Site Plan Review 000-08: placement of one temporary double classroom modular unit
at Washington Elementary School
C) Site Plan Review g00-09: placement of two temporary double classroom modular
units at Lincoln Elementary School
D) Site Plan Review #00-10: placement of one temporary double classroom modular unit
at Heritage Elementary School
E) Subdivision g00-01: Montebello Subdivision Phase II.
Administrator Brown stated that items A and E were included on this agenda as an
informational item and final orders have not been adopted for these items as of this date.
Any discussions to be brought up under this agenda item would be specific to items B, C,
or D.
Mayor Jennings stated that developers of Montebello Subdivision, Phase I, had come
before the Planning Commission requesting that the fencing conditions be changed from
a block fence to a cedar fence. The Planning Commission rejected this proposal and the
block fence condition will remain in place.
1900
CITY ADMINISTRATOR'S REPORT.
Administrator Brown stated that he did not have any city business to report as this time.
In regards to the bicycle ride for the Diabetes Association, he stated that he raised $525
and he thanked all those who contributed to this worthy cause. The ride was held on July
234 and it involved a 53-mile ride with over a 1,000 participants. Next year, he plans on
taking the longer trip consisting of 66 miles which would take him up to Timberline
Lodge.
1950
MAYOR AND COUNCIL REPORTS.
Councilor Pugh stated that the City of Salem had recently passed a law prohibiting
motorists from using of mobile cell phones while driving their vehicles within the City.
He expressed his opinion that the City should pursue some type of action similar to Salem
since it is a safety issue that is being addressed. He also reminded the Council that the
State legislature had been looking into state-wide legislation during its last session and it
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is possible that this issue will be before the state legislators again in the upcoming
session.
Mayor Jennings expressed his opinion that this is not a high priority item for our City at
this time and that it should be addressed at the state level.
Councilor Kilmurray also stated that she would like more information before any further
action is taken.
Chief Null stated that talking on a cell phone is a distraction for motorists and, with
current technology, hand free cell phones are now available.
Councilor Figley expressed her appreciation to the Livability Task Force and donors for
the flower baskets that have been hung throughout the City. She stated that the flowers
are now hanging down at least twice the original length and are very beautiful.
Councilor Kilmurray, stated that Joel Sol, 1890 Hardcastle, has still not heard back from
City staff on the drainage problem that occurs after heavy rains. She also stated that a
tree needs to be trimmed at Hardcastle and Orchard Lane since it is a blocking motorist's
view for turning onto Hardcastle. Another area which needs clean-up are the gutters
along the new sidewalk along Hardcastle since the gutter area is full of overgrown weeds.
She also questioned the status of repairing/replacing the railroad crossing at Hardcastle
and N. Front Street.
Director Tiwari stated that the City did commit to, and in cooperation with the railroad, a
plan to replace existing crossings with rubberized crossings. The City would pay for the
materials while the railroad would install the crossing. In regards to the Hardcastle
crossing, it is still unknown as to the actual location of the crossing pending improvement
to North Front Street. The City does repair roadway up to 5 feet from the tracks and the
railroad is responsible for the roadway within 5 feet of either side of the tracks. It was
also stated that the railroad crossing improvement is shown on the City's Capital
Improvement Plan as part of the N. Front Street project which is scheduled for
improvement in 3 or 4 years pending available funding since it will involve a local
improvement district along with other city and/or state grant funds.
Councilor Kilmurray also questioned the status of the truck traffic issue on Hardcastle
since she had not seen any signs installed as of last Saturday.
Director Tiwari stated that it was his understanding that the signs prohibiting truck traffic
had been installed, however, he will check with staff to make sure that work was done by
staff.
Councilor Bjelland stated that recent news articles addressed Phase 1I and HI of
Woodburn Company Stores and he questioned the status of this development expansion.
Senior Planner Mulder stated that the City has received the site plan review application
Page 6 - Council Meeting Minutes, July 24, 2000
8B
COUNCIL MEETING MINUTES
JULY 24, 2000
TAPE
READING
for Phase II and m from the developer, however, the City will wait to issue any permits
until the State's appeal has been resolved at the Land Use Board of Appeals (LUBA).
Mayor Jennings also stated that the mitigation on the wet lands is being done by the
Corps of Engineers.
Administrator Brown stated that staff will be meeting this Thursday with the
representatives from ODOT and DLCD, and the developer to review the additional traffic
study the applicant has completed which indicates that the next two phases will not
impact the area any more than it already has and that the first phase of the development
did not have the traffic impact as originally forecasted.
Councilor Sifuentez thanked Public Works for the work done in the Marshall Court area.
She also questioned if the Mayor and Council wanted to participate in the Mexicana
Fiesta parade, and, if so, arrangements need to be made for vehicles. She reminded the
Council that there were three different activities going on that day: 1) Mexican Fiesta, 2)
meeting at Salud Medical Center, and 3) a Pow-Wow at MacLaren School for Boys.
Tape 2
Councilor Chadwick questioned why the Woodbum Independent is no longer publishing
the Council agenda in the Saturday edition.
It was noted that the agenda must be submitted to the paper by Thursday afternoon and
publishing the agenda is subject to space availability.
Councilor Chadwick also stated that the Church of Latter Day Saints cleaned up Senior
Estates Park last Saturday and the neighborhood is very appreciative of the work they
performed.
Mayor Jennings questioned when the City would be acquiring the motorcycles for the
police traffic enforcement program.
Chief Null stated that they anticipate the arrival of the motorcycles around the first part of
September and they will be in use year-round provided that the temperature is 40 degrees
or above.
Mayor Jennings also reminded interested citizens that the filing deadline for the Mayor
and Council positions (Wards I, II, and VI) is August 28th. He also stated that he had filed
his nomination petition last week and is running for re-election as Mayor.
Mayor Jennings also questioned if the weeds along Highway 214 between Park Avenue
and Hwy. 99E was the City's or State's problem.
Director Tiwari stated that, in general, it is the property owner's responsibility from the
pavement to the property line, however, there have been a few cases in which the City has
helped to cut obnoxious weeds.
Mayor Jennings encouraged neighborhoods to participate in the National Night Out
program on August 1st. To date, them am 22 block parties that have signed up and it is
Page 7 - Council Meeting Minutes, July 24, 2000
8B
COUNCIL MEETING MINUTES
JULY 24, 2000
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0248
anticipated that there will be several more signing up later this week.
Councilor Kilmurray also questioned if the removal of obnoxious weeds in the ditches
along Hardcastle are the responsibility of property owners or the City.
Director Tiwari stated that this specific area will probably be maintained by the City for
the purpose of making sure the water can flow without obstruction.
Mayor Jennings also stated that plans are underway for the Christmas celebrations in
December and the school auditorium has been reserved for this program. The first
Committee meeting has been scheduled for September and persons interested in
volunteering with this program are asked to contact him.
0270
EXECUTIVE SESSION.
Mayor Jennings stated that it had been requested that the City Attorney's evaluation be
delayed for 2 weeks and the City Attorney is agreeable to this delay.
The Mayor entertained a motion to adjourn to executive session under the authority of
192.660(1)(d).
PUGH/FIGLEY .... adjourn to executive session under the state statute cited by the
Mayor. The motion passed unanimously
The meeting adjourned to executive session at 8:37 pm and reconvened at 8:50 pm..
0273 Mayor Jennings stated that no decisions were made by the Council in Executive Session.
0287 ADJOURNMENT.
FIGLEY/SIFUENTEZ .... adjourn the meeting. The motion passed unanimously.
The meeting adjourned at 8:51 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 8 - Council Meeting Minutes, July 24, 2000
8B
COUNCIL MEETING MINUTES
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Page 9 - Council Meeting Minutes, July 24, 2000
Executive Session
COUNCIL MEETING MINUTES
July 24, 2000
8C
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, JULY 24, 2000.
CONVENED. The Council met in executive session at 8:40 p.m. with Mayor Jennings presiding.
ROLL CALL.
Mayor Jennings Present
Councilor Bjelland Present
Councilor Chadwick Present
Councilor Figley Present
Councilor Kilmurray Present
Councilor Pugh Present
Councilor Sifuentez Present
Mayor Jennings reminded the Councilors and staff that information discussed in executive session is
not to be discussed with the public.
Staff Present: City Administrator Brown, City Attomey Shields, City Recorder Tennant
The executive session was called under the following statutory authority:
1) ORS 192.660(1)(d) to conduct deliberations with persons designated by the governing body to carry
on labor negotiations.
ADJOURNMENT.
The executive session adjourned at 8:47 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 1 - Council Executive Session Minutes, July 10, 2000
WOODBURN PLANNING COMMISSION
July 27, 2000
CONVENED The Planning Commission met in a regular session at 7:00 p.m. with Chairperson Young
presiding.
ROLL CALL
Chairperson Young P
Vice Chairperson Cox P (Arrived at 7:07 p.m.)
Commissioner Fletcher A
Commissioner Grijalva A
Commissioner Lima P
Commissioner Mill A
Commissioner Bandelow A
Commissioner Lonergan P
Commissioner Heer A
Staff Present:
Steve Goeckritz, Community Development Director
Jim Mulder, Senior Planner
Scott Clark, Assistant Planner
8D
An opening statement for Public Hearing was provided by Chairperson Young.
BUSINESS FROM THE AUDIENCE
None
MINUTES
Commissioner Heer moved to accept the minutes of the July 13, 2000 Planning Commission meeting a%
presented. Commissioner Lonerqan seconded the motion, which carried.
COMMUNICATIONS.
A._=. Woodburn City Council Meeting Minutes of June 26, 2000.
PUBLIC HEARING
A. Site Plan Review 00-05, request to approve a site plan for an 8-plex multi-family residential
complex, 1035 E. Lincoln Street, Mark Nyman. applicant (continued)~
Chairperson Young reported the applicant has requested a continuance of thiu hearing and Staff has
recommended that the Planning Commission continue this item off calendar.
Staff cladfied that the applicant has requested this continuance because they have decided to modify their
site I~lan. He stated they are not going forward with moving an existing building on a site but will build a site
built structure that will be more in harmony with the neighborhood. He indicated anyone that previously
received a hearing notice will receive a new notice with a new headng date.
Commissioner Loner.qan inquired whether anythin§ was received by Staff from the neighbor claiming
'adverse possession?"
Staff stated no correspondence was received from the neighbor. He stated this issue has been addressed
in tl~-e minor partition request found under discussion items.
Planning Commission Meeting - July 27. 2000
Page 1 of 8
B._=. Site Plan Review 00-11, Conditional Use 00-02, building additions to existin.q industrial
facility, Willamette Industries, 2550 Pro.qress Way, Walter F. Nielsen, applicant.
Staff. read the applicable ORS Statement and provided a presentation as reflected in the staff report. Staff
recommended approval of this proposal.
TESTIMONY BY THE APPLICANT
Walter Nielsen, 14901 SE Michael Ct., Sherwood, OR stated he is employed with Willamette Industries,
2550 Progress Way, Woodbum. He reported two of the main structures are mainly to keep their products
dry.
Commissioner Loner.qan inquired how have they gotten by so long without a covered building?
Walter Nielsen replied they have a lock store down in Albany where they keep their products stored. He
said the steam room is a building planned for the future. Mr. Nielsen explained when they steam clean the
equipment they recycle the water which then goes through a filtering system on-site. He indicated outside
sources of water will not be required except to make up for what is used.
Chairperson Young asked if the proposed steam cleaning area is part of the lumber process?
Walter Nielsen responded the steam cleaning area is for their lift trucks and any equipment that needs
cleaning.
Chairperson Young questioned whether the water will be drained into the storm water?
Walter Nielsen indicated he could not answer this question. He said they do not dump water at their existing
facilities but just keep adding water to it.
Chairperson Youn.q referred to Staff's comments contained in the Staff Report regarding the five loading
spaces available on site. He remarked he thought in this type of operation that they would have flatbed
trucks and not drive in trucks. Chairperson Young explained with flatbed trucks you have the capability of
putting them where you need to have them to load the matedal rather than have a fixed dock.
Walter Nielsen remarked they have three primary spots that they load them but they can load closer to
where the material is stored.
Chairperson Youn.q referred to Condition ~l and inquired if the loading spaces have to be covered or can
it just be a space that they have designated in their yard?
Staff replied it does not have to be covered. He explained the reason for this condition is that adequate
space remains for five loading areas.
Walter Nielsen said they have three main loading areas and other areas where they move around whenever
they need to.
Chairperson Youn.q inquired if the 15-foot wide Building #5 will accommodate what they need to do?
Walter Nielsen responded affirmatively. He explained with the new building they have the capability of
stodng 72 % foot material to ship. He indicated the materials are normally cut up into smaller pieces. Mr.
Nielsen stated the additional footage is an added precaution to help them keep the materials dry.
TESTIMONY BY PROPONENTS
None
8D
Planning Commission Meeting - July 27, 2000 Page 2 of 8
TESTIMONY BY OPPONENTS
None
Chairperson Youn.q closed the public hearing and opened discussion by the Commission.
DISCUSSION
Commissioner Lonergan moved to grant Conditional Use 00-02 with the conditions listed in the Staff Report.
Commissioner Lima seconded the motion. Motion carried.
Commissioner Heer moved to approve Site Plan Review 00-11 subject to the conditions contained in the
Staff Report. Commissioner Lima seconded the motion which carried.
Chairperson Youn.q added it is his opinion that this is a good community business.
FINAL ORDER
A._=. Subdivision 00-01, subdivision request for Phase 2 of Montebello and a request to modify
conditions 9 and 12 for Montebello Phase I pertaininq to orovidin.q a solid wall along the east
project boundary, Wilhelm En~ineerin.q, applicant.
Chairperson Young asked Staff if any comments from the applicant have been received of what they have
planned for the CC&R?
Staff answered it is still staff's understanding that the applicant is not proposing CC&R's at this time.
ChairperSon Young inquired what is the time frame that CC&R's can be adopted?
Staff stated the developer could adopt these. The homeowner's can get together and create their own
CC&R's if they want to after the developer has sold all the lots. He explained this condition is primarily to
encourage the applicant to run the CC&R's through the City so at least we can confirm that they comply with
City Codes. Staff indicated there is no requirement for the applicant to submit them to the City per say.
because they can. on their own, record CC&R's with the County Recorder and we may not b~
knowledgeable of whether they have done that or not.
ChairperSon Young pointed out all of the conditions the Commission talked about the last time seem to be
incorporated in the Order.
Vice Chairperson Cox moved to approve the Final Order. Commissioner Heer seconded the motion. Motion
carried.
B._=. Site Plan Review 00-07, request to enlarge current parking lot to provide 35 new off-street
parking spaces, Washington Elementary School. 777 East Lincoln St., Bill Key, applicant.
Commissioner Loner.qan moved to accept the Final Order for Site Plan Review 00-07. Commissioner Lima
seconded the motion, which carried.
DISCUSSION ITEMS
A_=. Partition 00-04, subdivide one lot into two, Lincoln Heights, 1035 S. Lincoln Street, Mary
Nyman, applicant.
Vice Chairperson Cox stated he is pleased that the applicant will grant an easement to the neighboring
residential properties. He expressed his concerns about the project location and indicated it will take a great
deal of careful planning and sensitivity or there will be a problem there. Vice Chairperson Cox commented
the division seems appropriate to him.
8D
Planning Commission Meeting - July 27, 2000 Page 3 of 8
Commissioner Heer expressed her concerns regarding the flag lot. She commented she sees a safety
issue. Additionally, she believes it should be a regular street rather than a driveway for the reasons of Police
Patrol and incoming/outgoing traffic out of the driveway.
Commissioner Lima shared Commissioner Heer's concerns. He stated what will happen afterwards once
this is approved today? Commissioner Lima was not sure whether approving the current Staff Report will
address the Commission's concerns about this is the future.
Chairperson Young asked if the proposed parcel is all Multi-Family?
Staff responded it is zoned Multi-Family. He commented it is hard to differentiate this application from the
apartment's application. Staff reminded the Commission that this is a minor partition application. He stated
they are looking at meeting the subdivision standards which are the standards applicable to this, not the site
plan review standards. As far as the flag lot, he indicated it meets the minimum requirements for a flag lot
which is 30 foot access. Staff commented if the issue is whether that is sufficient for whatever site plan
proposal goes on there, then the site plan is the appropriate application to deal with that on and not a minor
partition. He said the issue with the width of the driveway can be addressed when the site plan comes back
before the Commission. Staff explained this does not bind the Commission to any action on the site plan.
He stated the Commission may address any issues regarding the site plan itself when it comes before them
again.
Vice Chairperson Cox indicated this application is not tied with what is going to happen on the land. He
inquired whether the Commission has any authority to say they don't like this because they don't believe
apartments should be built on flag lots? Vice Chairperson Cox further commented if they have authority to
deny a minor partition in a Multi-Family zone because the Commission does not feel that is an appropriate
site for an apartment complex, and it is in their authority to do it, then perhaps they should hear it right now.
Staff stated all they can apply is what the code says. He indicated the code does allow flag lots. Staff
commented the Commission would have the authority if they believe a multiple family project is not
compatible with a flag lot.
Commissioner Heer inquired whether the Zoning Ordinance allows flag lots for single family dwellings or
multi-family?
Staff replied it just indicates flag lots. Staff indicated the code states there could only be a maximum of up
to 10 multi-family units if you have a lot with one access. He stated the square footage of the lot allows
considerable more than that however, because of that one access there would be a limit to that number of
units. It was also explained by Staff that it is important to keep in mind that it would not be 10 units
maximum that could go back there but limited to 8 because you already have two driveway accesses off the
frontage that is the two adjoining houses on each side of the driveway. Therefore, the maximum number
that they could come in with and still meet the standards under the site plan, would be 8. He reiterated these
two issues need to be kept separate at this point in time. Although there is some hesitation on the Planning
Commission, they must look at what they are proposing first. He stated they meet the criteda at this point
in time under the partition standards. Staff indicated what the Commission are looking at this time are lot
lines. He further commented those lot lines, based on the Commission's concerns may find themselves
being adjusted through the site plan review process.
Vice Chairperson Cox pointed out the Commission should be careful with whatever they do tonight if the
project is approved and that it is not interpreted at somehow locking them in. He wants to make it real clear
that this is not at all addressing that issue and would not feel that any precedent has been set or any
commitment has been made.
Chairperson Youn,q commented the applicant is basically making two tax lots out of the one piece of
Planning Commission Meeting - July 27, 2000
Page 4 of 8
8D
property. He stated there is no other indication of any development.
Commissioner Cox mentioned this is the earliest time the Commission could voice their concerns regarding
what possibly can go on the lots.
Chairperson Young asked Staff what would be the procedure at this point?
Staff responded it would be to accept Staffs decision or call it up for a hearing.
Vice Chairperson Cox moved to accept the Staff Report for Minor Partition 00-04 as written and not call it
up for a public hearing. He indicated he agrees entirely with the concerns that have been expressed by
others but he does not believe that they are legally committing themselves to anything other than exactly
what they are doing here. Commissioner Lima seconded the motion. Motion carried.
B. Lot Line Adjustment 00-02, lot line adjustment request at 610 Glatt Circle, Robert Enqle,
al~plicant {Administrative approval).
Vice Chairperson Cox requested clarification regarding the split zoning on this property.
Staff. stated the zone line is the existing property line.
Vice Chairperson Cox inquired how will the limitation of commercial office use be enforced as a matter of
procedure down the line four or five years and the property changes hand?
Staff indicated this has been a constraint in the past and even presently with past land use proposals. He
stated it has been discussed to develop a zone map with conditional zones and marking the properties that
have conditions attached to those zones or properties. Staff further commented a star has been placed on
the map to highlight it so that people know that there is something unusual about that parcel, i.e., Miles
Chevrolet, which is conditional only for auto sales.
Vice Chairperson Cox asked if the applicant has an immediate plan of what they will be putting in? -
Staff answered they have an application that has been deemed incomplete and the applicant has not made
it complete yet. It is anticipated that it will be deemed complete within the next month. He stated the
application is for a medical clinic.
Chairperson Young questioned how will they have access to the second piece of property?
Staff said the part that is being added onto the subject property to the north becomes all one piece.
Therefore, the access would be on Glatt Circle.
Vice Chairperson Cox moved to accept Staffs decision on Lot Line Adjustment 00-02. Commissioner Heer
seconded the motion, which carried.
C. Site Plan Review 00-16, request for construction of tennis courts, Lot #8 Orchard Greens,
Tukwila Partners, applicant.
Staff informed the Commission the swimming poo! proposal will require an additional site plan review
application which would have a new case number.
Commissioner Heer informed the Commission she lives in Tukwila and therefore will abstain from voting
for this proposal.
Commissioner Loner.qan moved to accept Site Plan Review 00-16 without a public hearing. Vice..
Chairperson Cox seconded the motion. Motion carded with Commissioner Heer abstaining from voting.
8D
Planning Commission Meeting - July 27, 2000 Page 5 of 8
8D
Staff provided an update regarding the status of Montebello I subdivision. He reported the condition
requiring a cinder block wall along the subdivision and extended up to Hayes Street did not specify a height.
In discussions with the applicant, Staff reported the applicant is to make it a 6 foot wall. He stated the
applicant was given as an example the sound wall on Woodland Avenue that was recently constructed by
the Woodburn Company Stores.
Chairperson Young inquired whether the applicant was accepting that recommendation of that style of wall?
He indicated it was specified that it would be a 6-foot wall for Phase II.
Staff answered the applicant has not indicated at this time their willingness or unwillingness to do this. He
stated this is the direction that Staff has given them at this point. Staff also addressed the following issues:
property line sidewalk, types of street trees and maintenance of landscaping. There was also discussion
regarding the maintenance of landscaping on the back side of the cinder wall. Staff requested input from
the Commission regarding these issues.
Chairperson Young inquired if the City will be responsible for the condition and sweeping of the sidewalk?
Staff remarked ultimately it appears the City would be the only one that will do it but then it is just a question
of whether the City does it not.
Commissioner Loner,qan also inquired whom would be responsible for cleaning up any graffiti on the wall?
Staff stated it would probably end up in the City's lap to do that.
Vice Chairperson Cox asked who owns the wall?
Staff answered the wall would be a City wall since it is in the City right-of-way.
Vice Chairperson Cox commented Staff is hired to think about these types of issues. He asked Staff how
can we accomplish the purpose of the wall and still avoid the problems that are obvious there.
Staff replied at this point there isn't that much that we can do because we are bound by the conditions.
Vice Chairperson Cox interjected the traditional way of dealing with that is through a Homeowner's
Association. He commented we have the right to require a Homeowner's Association at the time of initial
approval if that is the only way that we can see that conditions can be financed or carried forward in the
future. Vice Chairperson Cox remarked we could have said that there will be a Homeowner's Association
to maintain the block wall and the owner of the property will do it until such time that the lots are sold off and
the Homeowner's Association becomes effective. He questioned whether it is too late to do this now?.
Staff.. replied affirmatively. He said this subdivision has been approved.
Commissioner Lima stated concrete against concrete would be much easier to clean. He also inquired who
is installing the trees?
Sta .ff. answered the developer will be responsible for installing the trees.
Commissioner Lima questioned if the developer is responsible for installing them why not make the
developer responsible for maintaining the trees?
Staff responded the developer is out of it once the developer sells the lots. He does not know if the City can
actually require the developer in perpetuity to have an obligation like that.
Planning Commission Meeting - July 27, 2000 Page 6 of 8
Vice Chairperson Cox remarked there is a problem here. However, he assumes that the applicant might
be amenable to sit down and the Commission explain frankly that these problems have arisen and these
are the issues they see and what we would like to see happen is that the landscaping be flip-flopped but we
would not want that to happen unless they would agree to go for a Homeowner's Association that would
have future maintenance responsibility for it.
Staff said that is not the understanding that staff has at this point with the applicant. He stated to flip flop the
sidewalk would require the applicant requesting to come back at a hearing process to modify that condition.
Staff commented the applicant is not willing to take the time or the expense to go through that process at
this point.
Staff also commented planting strips are utilized for aesthetics as well as for safety measures. He explained
the strip gives pedestrians a feeling of safety when there is that separation between vehicles and
pedestrians. Staff commented the real concern is how to go about developing an agreement that makes
allowance for this to be maintained and not the responsibility of the City. He indicated Staff will be exploring
other communities to see how they have addressed these issues.
Commissioner Lima asked if the City accepts the task of maintenance at this point?
Staff_ replied it is something Public Works is in the process of trying to figure out because the policy thus far
has been that Public Works does not maintain landscaping in right-of-ways.
Chairperson Young presented as a scenario, a developer goes to a certain point and then sells the property
to a new developer and the new developer creates a Homeowner's Association. He inquired if this could
be done?
Staff responded the new developer could create a Homeowner's Association.
REPORTS
A._.~. Plannin(~ Proiect Tracking Sheet - revised
BUSINESS FROM THE COMMISSION
Chairperson Young commented Mr. Brown has made some action regarding the Commission's request
regarding portable toilets. He stated the issue is at least moving forward.
Vice Chairperson Cox remarked he is pleased that the City Council did not push the issue aside.
Chairperson Young inquired whether there has been anything brought forward to the business owner of the
car lot located on 99E Silverton Scenic Highway that had cars out of order from the permitted use?
Staff replied affirmatively. He informed the Commission he has been working with Code Enforcement
regarding this issue. He stated he spoke with the owner regarding getting stdping on the parking lot so he
can have some designated parking spots where it is not within the setback and that there is an emergency
access around there.
Commissioner Lonergan indicated Mayor Jennings a. ssured him he has been reappointed for another term
as Planning Commissioner. He went on to thank Steve for his many years of service and personal interest
in the City of Woodburn.
Steve Goeckritz told the Commission has had nine members sitting on the Planning Commission
throughout the years. He commented this has been the best Planning Commission, as a group, that he has
ever had the opportunity to work with. Steve stated they have made very good decisions and are very
conscientious about what happens to this community. He said they are progressive and they will make this
8D
Planning Commission Meeting - July 27, 2000 Page 7 of 8
8D
a better-looking community than what it has been in the past.
Vice Chairperson Cox commented the Commission should be the ones thanking Steve. He stated that
although he hasn't always agreed with him, he has never doubted for a second his loyalty and efforts to do
the best job that he could. Vice Chairperson Cox further added Steve has been a good, loyal Woodburn
employee who had the city's best interest at heart. Additionally, he commented twenty years of service is
commendable and Woodburn is better off because he was here for all those years.
Chairperson Youn.q also thanked Steve for the years of guidance and help that he has given him since he's
been a member of the Commission.
The entire Commission wished Steve the best of luck.
ADJOURNMENT
Commissioner Loner,qan moved to adjourn the meeting. Commissioner Lima seconded
the motion. Motion carried. Meeting adjourned at 8:30 p.m.
APPROVED
ROYCEYOUNG, CHAIRPERSON
DATE
ATTEST
Jim Mulder, Senior Planner
City of Woodburn, Oregon
Date
Planning Commission Meeting - July 27, 2000 Page 8 of 8
WOODBURN HUMAN RIGHTS COMMISSION
Meeting Minutes - June 1, 2000
8E
ge
o
o
Roll Call
President Scott Summers
Vice President Wendy Veliz
Commissioner Doyne Deos
Commissioner Marilyn Landeen
Commissioner Eliborio Fernandez
Commissioner Florence Jensen
Commissioner Walter Howell
Commissioner Patricia Garcia
Commissioner Alicia Hernandez
Absent **
Present
Present
Present
Present
Absent **
Present
Absent
Absent
** Advance notice of absence was given.
Staff: Paul Null Present
Nita Marr Present
Guest Present:
Karen Slotta
Minutes - Commissioner Landeen moved to approve the minutes of the March 2, 2000
meeting. Commissioner Jensen seconded the motion, which carried.
Hate Crimes Statistics/Video - Chief Paul Null distributed the 1999 Oregon Bias Crime
Statistics Summary for review by Commissioners. Chief Null also presented portions of a
training video for the Commissioners to view. The video is used to train police officers in
handling hate crimes, and addresses the following elements:
· Response
· Compassion
· Prevention
· Incidents v Crimes
Commissioners requested that they be able to watch the next piece of the video at another
time.
May/June HRC Award - Ben Shevchenko - The fourth of six Human Rights Awards
will be presented to Mr. Ben Shevchenko on June 12, 2000, by Vice-President Wendy
Veliz. All Commissioners are encouraged to attend the presentation which will take place
just after 7:00pm in the Woodbum City Hall Council Chambers during the first portion of
the scheduled City Council ineeting.
July/August HRC Award - Carmen Enciso - The fifth award will be presented to Ms.
Carmen Enciso at one of two City Council meetings in July.
HRC Award Recipient of the Year/Awards Reception - After a short discussion
regarding possible locations, Vice-President Veliz offered the use of the PGE building for
the HRC Awards Reception. Two dates will be offered and whichever of those works for
the majority of Commissioners will be the chosen date for the event. The final HRC
10.
11.
12.
13.
award for this year will be presented to Nari Mendenhall (this information has not yet
been made public), preferably at the first City Council meeting in September. The
Recipient of the Year will be chosen at the September meeting, and will be announced at
the Awards Reception. Staff will consult with Mayor Jennings regarding his thoughts on
the reception. Preliminary thoughts on the agenda were to include speeches by Mayor
Jennings, President Summers and Vice President Veliz, as well as those who nominated
the recipients. Additionally, it was suggested that WCAT be asked if it is possible to edit
the City Council meeting tapes to create a videotape of the year's presentations. A
program will be created for the evening's festivities.
HRC Award Process for Upcoming Year - Solicitation for nominations should begin
now with publication of criteria and a letter to the editor of the Independent. Flyers will
be made available at locations in City Hall and the Library, and will be available at the
Fourth of July celebration at the high school.
Community Calendar - The calendar is evolving slowly. Staff has been contacted by
Woodburn Together to discuss the project and ways to gather and disperse the necessary
information.
I-IRC Voice and e-mail - The HRC business line (982-5239) has been set up to receive
voice mail messages. Staff is monitoring the line on a daily basis, with one message
received to date. Staff is following up with the caller to determine the nature of the
concern.
Diversity Event (continued from April meeting) - Commissioner Hemandez
announced that a banner had been created that could be used during the Fiesta Mexicana
parade, and that the HRC booklet had been translated to Spanish. The cost of these
projects totaled $225.00, which had not been pre-approved. Staff will investigate the
feasibility of paying all or a portion of the costs.
Public Cable Access Spot - Commissioner Howell was interviewed on the local cable
access program regarding the Human Rights Commission. The program will run 18 times
on the local channel.
Fourth of July Activities/Schedule (Balloons, Cooking, T-Shirts) Commissioners
agreed that participating in the Fourth of July events at Woodburn would be a great way
to increase awareness. They agreed to a three-hour cooking shift (3-7pm), and to staff an
information booth from which HRC booklets, nomination forms, balloons, and general
information regarding the Commission could be circulated. Staff will obtain balloons, T-
shirts, pamphlets and nomination forms, more buttons, and facilitate space at the event.
Adjournment - Meeting was adjourned at 8:40 p.m.. The next meeting is scheduled for
7:00 p.m., September 7, 2000, at City Hall Conference Room, 270 Montgomery Street.
8E
CC~
Colnmissioners
Mayor Jennings & City Council
Woodburn Independent
file
A/P CHECK LISTING FOR THE MONTH OF .1ULY 2000
CHECK
NO
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51334
51335
51336
51337
51338
51339
5134O
51341
51342
51343
51344
51345
51346
51347
51348
51349
51350
51351
51352
51353
51354
51355
51356
51357
51358
51359
DEPARTMENT
POSTAGE MTR-VARtOUS
PETTY CASH-VARXOUS
POSTAGE MTR-VARIOUS
SERVICES-PARKS
SERVICES-PARKS
SERVICES-WATER
VOID
VOID
VOID
PETTY CAS~I. IB
SUPPLIES-WWTP
SUPPLIES-WWTP
SERVICES-VARIOUS
SERVICES-WWTP
SUPPLiES-VARIOUS
SERVICES-VARIOUS
SERVICES-PLAN
SERVICES-RSVP
SERVICES-ENG
SUPPLIES-STREET
SUPPLIES-I.IBRN~Y
SERVIO-'_S-VARIOUg
SERVICES-SELF INS
SUPPLIES-LIBRARY
RENT-POLICE
SERVICES-NON DEPT
SERVICES-COURT
SUPPlIES-VARIOUS
SERVICES-PARKS
VENDOR NAHE VENDOR DATE
NO
US POSTAL SERVICE 020089 7/1/00
OTY OF ~RN 015255 7/3/00
US POSTAL SERV 020089 7/3/00
C~I.BERT HOUSE 006185 7/5/OO
LIVELY PARK SWIM 011290 7/5/00
TRAVEL PLANNERS NONE 7/6/00
VALLEY MA~LtNG 021044 7/7/00
VOID VOID
VOID VOID
VOID VOID
HOMEWORKS INC NONE 7/7/OO
BEND RIVE~SE NONE 7/7/00
ASHLEY INN NONE 7/7/00
WBN LZBRARY NONE 7/7/00
OCEA NONE 7/7/OO
H1TMAN TRAINING NONE 7/7/00
MONMOUTH POUCE NONE 7/7/0O
A~IQUA SUPPLY OOO034 7/7/0O
PIONEER ~EmC4 OOO136 7/7/OO
ARCH PAGING O0O535 7/7/00
~ O.EANING O0103O 7/7/00
BAKER & BAKER OO1070 7/7/0O
BI~RT CORP 0O1275 7/7/0O
BOLDT, CAR~SLE 001345 7/7/0O
ROGER BUDKE 00158O 7/7/0O
CHERRY CI'I'Y ELECTP,/C 002424 7/7/00
c~t~ INSURANCE O02~5 7/7/0O
DE HAAS & ASSOC 003108 7/7/00
DEPENDABLE PP~NTER OO31~K) 7/7/00
DEq oo3205 7/7/oo
ENGEU~m ELECTRIC 00~190 7/7/0O
ENVIRON RESOUCE 00~207 7/7/00
FZSHER IMPLEMENT 005145 7/7/00
GK MACHINE 006009 7/7/00
GALE GROUP 006015 7/7/00
WW GRA/NGER 006283 7/7/00
HACH CHEMICAL OO703O 7/7/OO
HIRE CALLING 007240 7/7/00
HUGGINS INSURANCE 007333 7/7/00
IND WELDING OO81OO 7/7/OO
INGRA~ DIST OO8116 7/7/OO
IKON TECH SERV OO8117 7/7/OO
KEY INVEStmENTS 01OO8O 7/7/OO
LOC~ GOVT PERSON'L 0113OO 7/7/OO
MS~ GROUP 012015 7/7/00
METROFUEUNG O12448 7/7/OO
NW ELEVATOR 013275 7/7/00
AMOUNT
$1,200.00
$124.~
$200.00
$2o0.00
$420,00
$673.20
~o.95
$124.12
$147.66
$3o.oo
$5o.oo
$125.oo
$585.oo
$191.76
$2o0.00
$175.00
$74.79
$4,410.00
$2,475.00
$2,392.50
$1,015.75
$72.00
$~.39
$2,189.oo
$111.38
$12.57
$629.69
$762.83
$286.5O
$1,425.36
$885.o0
$31.50
$297.e~
$385.o0
$3,,m8.oo
$125.oo
$1,979.42
Page1
A/P CHECK I_[STING FOR THE MONTH OF JULY 2000
51360 SERVICES-VARIOUS
51361 SUPPLIES-WATER
51362 SERVICES-WWTP
51363 SERVICES-BUILD
51364 SERVICES-AT'FY
51365 SERVlCES-WWIP
51366 SERVICES-ATTY
51367 SUpPLIES-WWTP
51368 PORT GENERAL ELEC
51369 SERVICES-FINANCE
51370 SERVICES-WATER
51371 SUppLIES-WWTP
51372 SUPPLIES-WWTP
51373 SERVICES-BUILD
51374 SUPPLIES-STREET
51375 SUPPLIES-STREET
51376 REIMBURSE-MUSEUM
51377 REIMBURSE-CDURT
51378 SUPPLIES-VARIOUS
51379 SUPPLIES-LIBRARY
51380 REIMBURSE-ENG
51381 SUPPLIES-STREET
51382 SERVICES-VARIOUS
51383 SERVICES-FINANCE
51384 SERVICES-VARIOUS
51385 SERVICES-VARIOUS
51386 SUPPLIES-LIBRARY
51387 SUPPLIES-WWTP
51388 SERVICES-VVWTP
51389 SUPPLIES-STREET
51390 SUPPLIES-WW'FP
51391 SUPPLIES-WWTP
51392 SERVICES-FINANCE
51393 SERVICES-PARKS
51394 SERVICES-PARKS
51395 SERVICES-PARKS
51396 SERVICES-WATER
51397 V O I D
51398 V O I D
51399 V O I D
51400 REFUND-PARKS
51401 REFUND-PARKS
51402 SERVICES-PARKS
51403 REFUND-BUILD
51404 SERVICES-POLICE
514O5 SERVICES-VVWI'P
51406 SERVICES-WWTP
51407 PAYROLL-PLAN
514O8 REFUND-NON DEPT
NW NATURAL 013350 7/7/00
1-DAY SIGNS 014003 7/7/00
OR ANALYTICAL LAB 014107 7/7/00
OR DEPT OF CONSUMER O14199 7/7/00
OR DISTRICT ATTYS 014268 7/7/00
OR MAINTENANCE CERT 014342 7/7/00
OR PERS 014424 7/7/00
PLATT ELECTRIC 015340 7/7/00
015420 015420 7/7/00
PRO TECH PLUS CONS 015565 7/7/00
RADIX CDRP 017035 7/7/00
3ACK RAWLINGS 017054 7/7/00
RED WING SHOE 017138 7/7/00
RL.M CONSULTING 017257 7/7/00
SAFFRON SUPPLY 018020 7/7/00
SILVERTON FOUNDRY 018475 7/7/00
¥ MATT SMITH 018569 7/7/00
MARY TENNANT 019055 7/7/00
US OFFICE PROD 019100 7/7/00
TIME LIFE EDUCATION 019160 7/7/00
DAVID TORGESON 019184 7/7/00
UNOCAL ERNIE GRAHAM 020010 7/7/00
UNITED DISPOSAL 020020 7/7/00
US BANK 020058 7/7/00
US WEST COMM 020091 7/7/00
US WEST CC)MM 020095 7/7/00
WALMART STORES 022035 7/7/00
WATER METRICS 022070 7/7/00
WATER ENVIRON 022091 7/7/00
WBN FERTILIZER 022590 7/7/00
WBN RADL~TOR 022700 7/7/00
W13N RENT-ALL 022708 7/7/00
EBS/Crl'Y CT'Y INS 002,$88 7/7/00
TVYFL NONE 7/10/00
ENCHANTED FOREST 004163 7/10/00
FAMILY FUN CENTER NONE 7/10/00
VALLEY MAILING 021044 7/13/00
VOID VOID
VOID VOID
VOID VOID
3OSHUA SWAIN NONE 7/14/00
LAUREL LUU NONE 7/14/00
PORT ELECTRICAL NONE 7/14/00
IVlALAJ~O 3UAREZ NONE 7/14/00
EUGENE HILTON NONE 7/14/00
AONA NONE 7/14/00-
LEWELLYN TECH NONE 7/14/00
CITY OF WOODBURN NONE 7/14/00
WBN SCHOOL DISTRICT NONE 7/14/00
$68.74
$156.00
$13o.oo
$891.94
$140.00
$50.o0
$93.95
$46.81
$7,789.12
$1,080.00
$256.74
$324.oo
$244.15
$5,615.40
$1,638.00
$65.59
$7.50
$1,710.14
$27.20
$90.50
$460.35
$1,229.20
$4oo .oo
$227.58
$928.56
$342.16
$368.oo
$280.00
$1,824.76
$350.00
$54.oo
$543.50
$32O.0O
$121.55
$720.00
$576.00
$0.00
$o.oo
$156.50
$72.00
$203.21
$30.11
$173.02
$308.oo
$1,343.90
$16.40
$671.OO
Page 2
A/P CHECK LISTING FOR THE MONTH OF 3ULY 2000
51409
51410
51411
51412
51413
51414
51415
51416
51417
51418
51419
51420
51421
51422
51423
51424
51425
51426
51427
51428
51429
51430
51431
51432
51433
51434
51435
51436
51437
51438
51439
5144O
51441
51442
51443
51~,~,~,
51445
51,H6
51447
51a~8
51449
51450
51451
51452
51453
51454
51455
51456
51457
SERVIC~S-POLICE
SUPPI lES-STREET
SUPPLIES-PARKS
SERVICES-ENG
SERVICES-PLAN
SERVICES-COURT
SERVICES-STREET
SERVICES-WATER
SERVICES-VARIOUS
SERVICES-PARKS
SUPPLIES-POLICE
SUPPLIES-TRANS
SUPPLIES-PARKS
SUPPLIES-STREET
SERVICES-ADMIN
RETAINAGE-ADMIN
SUPPLIES-VARIOUS
SERVICES-CDURT
SERVICES-FINANCE
SERVIC~S-I IBRARY
SUPPLIES-PARKS
SERVICES-WATER
SUPPLiES-STREET
SUPPLIES-PARKS
SERVICES-PARKS
SERVICES-ADMIN
SERVICES-PUB WKS
SERVICES-WWrP
SERVICES-VARIOUS
SERVICES-PARKS
SERVICES-WATER
SERVICES-PARKS
SUPPLIES-STREET
SUPPLIES-VARIOUS
SERVICES-VARIOUS
SUPPLIES-WATER
SERVICES-ENG
SERVICES-WWIP
SUPPLIES-ATTY
SERVICES-VARIOUS
ELDER Al)USE CONF NONE 7/14/00
COLE PUBLISHING NONE 7/14/00
TOYS R US NC)NE 7/14/00
AEROTEK INC 000080 7/14/00
AM PLANNING ASSN 000270 7/14/00
A-QUALr~ TYPEWRrrER 000~20 7/14/00
ARAMARK UNIFORM 000534 7/14/00
ARCH PAGING 000535 7/14/00
AT&T 000623 7/14/00
METROCALL 000655 7/14/00
BAJ.LOON WItOLESALERS 001080 7/14/00
BBC STEEL CORP 001168 7/14/00
HOUSEHOLD B~NK 001199 7/14/00
BEN-KO-~t~'aC 0O120O 7/14/00
C8~ MECHANICAL 002009 7/14/00
CARLSON TES'nNG 002140 7/14/00
CHIEF SUPPLY 002442 7/14/00
crpf OF WOODBURN 002526 7/14/00
CRYSTAL SPP, ZNG 002919 7/14/00
CTL CORP 002926 7/14/00
DIGn'~ ARCHIVE 003223 7/14/00
DIRECT LINK 0O3240 7/14/00
ESCHELON TELECO~ 0O~26~ 7/14/00
F~ILIAN NW 0O5030 7/14/00
FCS GROUP 0O5072 7/14/00
FUNT TRADING O05178 7/14/00
FOTO ~t~GI¢ 005258 7/14/00
C.J HANSEN CO 007055 7/14/00
HENE~ERRY EOOY ARCH 0O7140 7/14/00
HIRE CALUNG 007240 7/14/00
HUBCO EXCAVATION 007326 7/14/00
INN OF 7TH ~UNTAtN 008030 7/14/00
IKON OFFICE 008119 7/14/00
LAWRENCE CO 011175 7/14/00
LEISINGER DESIGNS 011202 7/14/00
LINOS ~ O11240 7/14/00
MANFUU. CURnS ENG 012060 7/14/00
~t~ON CrY TREASURY 012223 7/14/00
MCCORMICK BARK 012350 7/14/00
METROFUELING 012~8 7/14/0O
MUFFLERS HITCHES 0126S5 7/14/00
NORCOM 013198 7/I4/00
NORTH COASt ELEcrmc 013215 7/14/00
PAUL NULL 013420 7/14/00
ONSn'E ENVIRON 014055 7/14/00
OR ANALY~CAL LAB 014107 7/14/00
OR DEPT OF CONSUMER O14199 7/14/00
OR DEPT OF 3USnCE 014210 7/14/00
OR D~V 014240 7/14/00
$95.00
$31.0O
$132.77
$1~o.0o
$299.oo
$140.00
$37.79
$20.35
$43.85
$14.o3
$251.45
$32.38
$2,247.89
$31,391.57
$951.50
$173.86
$1,652.19
$55.00
$2,700.00
$1,38o.16
$315.00
$306.50
$134.07
$2,287.50
$3,326.07
$655.40
$4,032.05
$410.19
$28,731.80
$508.32
$297.54
$200.00
$3,645.00
$3o.oo
$650.0O
$2,198.87
$95.oo
$367.85
$210.97
$21,463.75
$75.41
$3o.oo
$6o2.4o
$263.oo
$1o.oo
$25.oo
$76.50
Page 3
A/P CHECK IJS'I~NG FOR THE MONTH OF JULY 2000
51458 SERV~CES-ATI'Y
51459 SUPPLiES-WATER
51460 SUPPLtES-PARKS
51461 SERViCES-SELF INS
51462 SERViCES-VARIOUS
51463 SUPPLIES-PARKS
5146~ SERV~CES-ADMIN
51465 SUPPLiES-PARKS
51466 SERViCES-PARKS
51467 SUPPLtES-PARKS
51468 SUPPLtES-STREET
51469 SERWCES-POI ~CE
51470 SERVZCES-LtBRARY
51471 SUPPLiES-DAR
51472 SUPPLJES-POLtCE
51473 SUPPLtES-PARKS
51474 SERV~CES-ENG
51475 SUPPLtES-VARIOUS
51476 SUPPLtES-VARIOUS
51477 SERViCES-VARIOUS
51478 REiMBURSE-STREET
51479 SUPPLtES-PARKS
51480 REiMBURSE-PARKS
51481 SERViCES-PARKS
51482 SUPPLtES-F~NANCE
51483 PAYROLL-PLAN
51484 PETTY CASH-VARIOUS
51485 SERV~CES-WWTP
51486 VOID
51487 V O I D
51488 VOID
51489 REFUND-WTR/SWR
51490 REFUND-WTR/SWR
51491 REFUND-WTRJSWR
51492 REFUND-WTR/SWR
51493 REFUND-WTR/SWR
51494 REFUND-WTR/SWR
51495 REFUND-WTR/SWR
51496 REFUND-WTR/SWR
51497 REFUND-WTR/SWR
51498 REFUND-WTRJ~
51499 REFUND-WTW~
51500 REFUND-WTR/SWR
51501 REFUND-WTWSWR
51502 SERV~CES~PARKS
515O3 SUPPI TES-WI'R
5150~ SERV~CES-ENG
51505 SUPPI tES-ENG
51506 SERV~CES-C GARAGE
OR STATE BAR 014500 7114100
PACiFiC PRINTERS 015058 7114100
PEPS~ COLA 015225 7114100
PIONEER GLASS 015330 7114100
PORT GENERAL ELEC 015420 7114100
PROMOTIONS WEST 015563 7114100
R&W ENGINEERING 017010 7114100
RIDDEL ALL AMERICAN 017205 7/14100
RSS ARCHITECI'URE 017346 7114100
S&S WORLDWIDE 018017 7114100
SALEM PAINT CD 018108 7/14100
SHOOTERS MERCANTILE 018453 7/14100
SIEMENS BUILDING 018~57 7/14100
SKAGGS UNIFORMS 018515 7/14100
SQUAD F1TTERS 018716 7114100
SUNBELT RENTALS 018816 7/14100
TEK SYSTEMS 019046 7114100
US OFFICE PRODUCTS 019100 7/14/00
TRAFFIC SAFETY O1922O 7/14/00
US WEST COMM O2O095 7/14/00
GEORGE V~STICA 021202 7/14/00
RANDALL WESTR~CK 022260 7/14/00
KATHY WILLCOX 02239O 7/14/00
WBN CARCRAFT 022508 7/14/00
YES GRAPHICS 024025 7/14/00
REGENCE LtFE 060450 7/14/00
c~TY OF WOOOBURN O15255 7/14/00
INST MNGMT ACCOUNT 008145 7/18/00
VOiD VOiD
VOiD VOiD
VOiD VOID
ALBERT QtJICK NONE 7/20/00
L~K IINC NONE 7/20/00
TERRY MCKENNEY NONE 7/20/00
ED & ERICA LEW~S NONE 7/20/00
WI_ WAU3RECHT NONE 7/20/00
MC HOUSING AUTHORITY NONE 7/20/00
CENTEX HOMES NONE 7/20/00
SANDSTRUM HOMES NONE 7/20/00
IVlC BUILDERS NONE 7/20/00
THE LUCKEY CO NONE 7/20/00
CHANDLER & NEWV[LLE NONE 7/20/00
SUKA CAM NONE 7/20/00
ORVILLE KREBS NONE 7/20/00
FAMILY FUN CENTER NONE 7/20/00
A~A DR[LLtNG SERV 000010 7/20/00
AEROTEK INC 000080 7/20/00
A-1 COUPIJNG 000409 7/20/00
ARAMARK UNIFORM 000534 7/20/00
$135.00
$321.28
$1,159.10
$558.87
$25,336.16
$56O.95
$4oo.oo
$467.73
$1,2o~.6~
$886.66
$22.oo
$39.45
$838.55
$36o .05
$92o.oo
$2,231.38
$635.00
$3,097.01
$35.25
$29.91
$37.20
$2o9.1o
$130.30
$300.OO
$0.00
$0.00
$41.39
$34.83
$7.96
$2O.77
$24.~
$32.66
$6O.61
$33.11
$19.50
$60.33
$7.45
$7.45
$20.85
$162.00
$1,19O.OO
$110.00
$308.52
$22.49
Page4
A/P CHECK I TST~NG FOR THE MONTH OF JULY 2000 8F
51507 SERVICES"POI ICE
51508 SERVICES"POI ICE
51509 RETAtNAGE-PUB WKS
51510 SUPPLIES"STREET
51511 SUPPLIES-POLICE
51512 REIMBURSE-WWTP
51513 SERVICES"wvcrP
51514 SUPPLIES"WWTP
51515 SERVICES"PUB WKS
51516 SERVICES-PUB WKS
51517 SUPPLIES"WWTP
51518 SERVICES"VARIOUS
51519 SUPPLIES"ADMIN
51520 SERVICES"SELF INS
51521 SERVICES"WWTP
51522 SUPPLIES"POLICE
51523 SERVICES"VARIOUS
51524 SUPPLIES-STREET
51525 SUPPLIES"VVWI'P
51526 SERVICES"NON OEPT
51527 SUPPLIES"ADMIN
51528 SUPPLIES"VARIOUS
51529 SERVICES"ENG
51530 SERVICES"(X)URT
51531 SERVICES"WWTP
51532 SERVICES-PUB WKS
51533 SUPPLIES-WWrP
51534 SUPPLIES"ENG
51535 SUPPLIES"POLICE
51536 SUPPLIES"WATER
51537 SERVICES"SELF INS
51538 SERVICES"RSVP
51539 SUPPLIES-VWVTP
51540 SERVICES"ENG
51541 SERVICES-WWTP
51542 SUpPLIES-STREET
51543 SUPPLIES-RSVP
51544 SERVICES-MUSEUM
51545 SERVICES-WATER
51546 SERVICES-PARKS
51547 SERVICES-PAR~
51~ SERVICES-CABLE TV
51549 SERVICES"SELF INS
51550 SERVICES-PARKS
51551 SERVICES"WATER
51552 V O I D
51553 V O I D
51554 V O I D
51555 REFUNO-PARKS
AT&T LANGUAGE LINE
BULLARD, SMITH
CITY OF WOODBURN
COLUMBIA SUPPLY
COMARK GOVT SALES
MARVIN DANIELS
DEPT OF EN~R QUAI_TI'Y
ENG CONTROL PROD
JAMES W FOWLER CO
WW GRAINGER
HIRE CALLING
HUBERS CAFE
HUGGINS INSURANCE
IND LABSALES
IKON OFFICE
INSERTA FTTTINGS
LEAGUE OF OR CITIES
LINDS MARKET
METROFUELING
ONSITE ENVIRON
OR ASSOC MUN RECORD
OR ECONOMIC DEVELOP
PAULS SMALL MOTOR
PLAl~ ELECTRIC
PIONEER ELECTRONICS
THE PLANK CO
PRIMA OREGON CHAP
SIERRA SPRINGS
TEK SYSTEMS
UNOCAL ERNIE GRAHAM
US POSTAL SERVICE
US WEST COMM
GARDEN GOLF
OAKS PARK
WCAT
OR DEPT OF REVENUE
REGAL CINEMA
VAIl FY MAILING
VOID
VOID
VOID
ALICIA PATTERSON
000659
001584
OO2.52.5
002681
OO2684
003035
003205
00~180
005130
005215
006283
007240
007331
007333
OO8O76
OO8118
008119
008135
O08395
011110
O1124O
012't48
014O55
014083
014107
014189
015175
015340
015345
015362
015538
018139
O18460
O19O46
019270
020010
O2OO9O
O2OO95
021044
NONE
NONE
022547
06OO3O
NONE
021044
VOID
VOID
VOID
NONE
7/2O/OO
7/2O/OO
7/20/00
7/20/OO
7/2O/OO
7/20/00
7/20/00
7/20/00
7/20/00
7/2o/oo
7120100
7/2o/0o
7/20/0o
7/2o/00
7/2o/oo
7/20/oo
7120100
7/2o/00
7/20/00
7/20/00
7120100
7120/o0
7/2o/00
7120100
7/20/oo
7/2o/0o
7/2o/00
7/2o/00
7/20/0o
7/20/o0
7/2o/00
7/2o/00
7/20/00
7/20/o0
712010O
7/2o/00
7/20/0o
7/20/00
7/20/00
7/2S100
7/2s/oo
7/26/OO
7/26/OO
7/27/OO
7/28/oo
$553.89
$133.98
$31,665.10
$23.95
$667.74
$139.20
$8,538.OO
$65.50
$22,850.00
$601,636.99
$559.54
$2,486.23
$102.00
$24,601.00
$354.77
~9o.89
$162.94
$262.98
$3,903.52
~,425.00
$7.17
$1,570.33
$4O.00
$2,260.00
$1,309.90
$1,389.33
~s.o$
$29.99
$207.00
$65.00
$500.00
$200.00
$1,656.00
$550.00
$536.80
$306.O0
$53.39
$299.20
$49.50
$357.50
$2,338.84
$1,326.84
$82.O0
~16.oo
$0.00
$o.oo
$35.oo
Page5
A/P CHECK LISTING FOR THE MONTH OF 3ULY 2000
51556
51557
51558
51559
5156O
51561
51562
51563
51564
51565
51566
51567
51568
51569
51570
51571
51572
51573
51574
51575
51576
51577
51578
51579
5158O
51581
51582
51583
51584
51585
51586
51587
51588
51589
51590
51591
51592
51593
51594
51595
51596
51597
51598
51599
516OO
51601
51602
51603
516O4
SUPPLIES-LIBRARY
SERVICES-POLICE
SERVICES-VARIOUS
REIMBURSE-RSVP
REFUND-POLICE
SERVICES-PLANNING
SERVICES-VARIOUS
SERVICES-PARKS
SERVICES-PARKS
SERVICES-ENG
SERVICES-VARIOUS
SERVICES-VARIOUS
SERVICES-VARIOUS
SUPPLIES-PARKS
SUPPLIES-VARIOUS
SUPPLIES-LIBRARY
SUPPLIES-VARIOUS
SUPPLIES-STREET
SUPPLIES-VARIOUS
SERVICES-COURT
SERVICES-PUB WKS
SUPPLIES-VARIOUS
SUPPLIES-LIBRARY
SUPPLIES-LIBRARY
SUPPLIES-PARKS
SERVICES-PARKS
SUPPLIES-STREET
SUPPLIES-WATER
SERVICES-PUB WKS
SERVICES-VARIOUS
SUPPLIES-PARKS
SUPPLIES-LIBRARY
SUPPI TES-WWTP
SUPPLIES-VARIOUS
SERVICES-VARIOUS
SUPPLIES-VARIOUS
SUPPLIES-VARIOUS
SERVICES-FINANCE
SUPPLIES-C GARAGE
SUPPLIES-WWTP
SOUTHERN OR REGIONAL NONE
RED LION INN NONE
OREGON T2 CENTER NONE
PEGGY JOHNSON NONE
DOLORES STUBBLEFIELD NONE
D.P.S.S.T, NONE
OR AMER PLANNING NONE
IACP NONE
~ PEST CONTROL 000011
ABBYS PIZZA 000027
ACE SEPTIC 000031
ACF WEST INC 000036
AEROTEK INC 000080
ALL OUT FIRE OO013O
A-QUALrI'Y TYPEWRITER OO042O
ARAMARK UNIFORM 000534
AUTO ADDITIONS 000558
AT&T 000623
HOUSEHOLD BANK 001199
BIMART CORP 001275
BIO-MED TESTING 001280
BULLIX)G VIDEO 001586
CARL Al_LEMAN LANDSCJ~E 002134
CASCA~ COLUMBIA 002218
CESSCO INC 002330
COASTAL FARM 002625
MARGOT COMLEY OO2686
DAILY 3OURNAL OO3O2O
DAVISON AUTO 003080
DONARS SPANISH 003250
EBSCO SUBSCRIPTION ~
EMERALD POOL 004150
ENGELMAN ELECTRIC 004190
FAMILIAN NW OO5O30
FARM PLAN OO5O62
HD FOWl_ER CO 005210
3AMES W FOWLER CO 005215
FOTO MAGIC 005258
FOURSC)M GOLF CARS 005265
GALE GROUP 006015
GE CAPITAL 006079
WW GRAINGER 006283
GW HARDWARE 006405
HIRE CALLING 007240
IND WELDING SUPPLY 008100
INGRAM DIST GROUP 008116
IKON TECHNOLOGY 008117
INTERSTATE AUTO PARTS 008295
ITT FLYGT CORP 008395
7/28/00
7/28/OO
7/28/00
7/28/0O
7/28/OO
7/28/O0
7/28/OO
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28100
7/28/00
7/28/OO
7/28/00
7/28/00
7/28/0O
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/oo
7/28/0o
7/28/00
7/28/00
7/28/00
7/28/00
?/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
$30.00
$490.50
$12o.oo
$20.00
$2o.oo
$3o.00
$175.00
$40~.25
$15.75
$668.5O
$1,6~.00
$325.00
$517.65
$58.50
$1,044.4.4
$91.00
$27.01
$670.68
$600.70
$43.50
$186.75
$112.80
$435.00
$67.72
$78.82
$168.75
$614.25
$458.27
$62.6o
$1,481.67
$1,430.37
$39.33
$4.14
$29.92
$94,492.09
$53.07
$1,195.00
$6O7.23
$2o6.oo
$1,335.28
$1,814.93
$153.27
$1,002.33
$487.50
$33.96
$8,151.38
Page6
NP OHECK L/STING FOR THE MONTH OF 3ULY 2000
51605
51606
51607
51608
51609
51610
51611
51612
51613
51614
51615
51616
51617
51618
51619
51620
51621
51622
51623
51624
51625
51626
51627
51628
51629
51630
51631
51632
51633
51634
51635
51636
51637
51638
51639
5164O
51641
51642
51643
51644
51645
51646
51647
51648
51649
51650
51651
51652
51653
SERVICES-POLICE
SUPPLIES-VAR/OUS
SUPPLIES-PARKS
SUPPLIES-PLANNING
SUPPLIES-TRANS
SUPPLIES-STREET
REIMBURSE-ENG
SUPPLIES-LIBRARY
SUPPlIES-LIBRARY
SUPPLIES-ENG
SERVICES-VARIOUS
SUPPLIES-WWTP
SERVICES-VARIOUS
SERVICES-ENG
SERVICES-BUiLDiNG
SUPPUE$-WWTP
SERVICES-PARKS
SUPPLIFS-WATER
SUPPLIES-WWTP
SUpPLIES-STREET
SERVICES-WATER
SERVICES--ADM~N
SUPPLIES-PARKS
SERVICES-PARKS
SUPPLIES-VARIOUS
SERVICES-PARKS
SERVICES-LIBRARY
SERVICES-ENG
REIMBURSE-LIBRARY
SUPPLIES-POLICE
SUPPlES-VARIOUS
SUPPLIES-WWTP
SUPPLIES-LIBRARY
SERVICES-FINANCE
SERVICES-PARKS
SERVICES-VARIOUS
SUPPLIES-STREET
SUPPLIES-PARKS
SUPPLIES-ATTY
SUPPLIES-PARKS
SERVICES-PARKS
SUPPLIES-VARIOUS
SERVICES-PARKS
SERVICES-VARIOUS
KEY INVESTMENTS
LSd. BUILDING
LINCOLN EQUIPMENT
MARION CTY TREASURY
METROFUELING
MR P'S AUTO PARTS
DEAN MORRISON
MULTNOMAH PUBLISH
NATL GEOGRAPHIC
NESSOO SUPPLY
NEXTEL (/)MM
NORTHSTAR CHEMICAL
ONE CALL GONCEPTS
ONSITE ENVIRON
OR DEFT OF CONSUMER
OR NUN[C/PAL FIN
OREGONIAN PUBLISH
OLFITX]OR FENCE
PACIFIC LAND O FARING
PLATT ELECTRIC
PRAXAIR D[ST
PRIER PIPE
R-CO PAVING
ROTHS [GA
RYDER STUDEN TRANS
SONITROL
SOUTHERN OR HIST
SPENCER ENV[RON
LINDA SPRAUER
TACTICAL TECH
TAYLOR ELECTRIC
US OFFICE PRODUCTS
UNOCAL ERNZE GRAHAM
USWEST D[RECF
US WEST COMM
VERIZON WIRELESS
VERIZON WIRELESS
VIESKO QUALITY
VIKING OFFICE
WALMART STORES
WEST GROUP
WILL CHAP RED CROSS
WITHERS LUMBER
WOLFERS
WBN INDEPENDENT
O1OO8O
011010
011250
012223
012448
012510
012610
012686
013060
013160
013188
013235
014O54
014055
014199
014360
014653
014695
015037
01534O
O1548O
015515
017035
017090
017340
017500
0183O0
018453
018605
018617
018691
018710
019007
019030
019100
020010
020092
02O095
021123
021124
021140
021180
022035
022160
022328
022422
O22445
022460
O2263O
7/28/00
7/28/00
7/28/00
7/28/OO
7/28/00
7/28/00
7/28/oo
7/28/00
7/28/00
7/28/00
7/28/oo
7/28/oo
7/28/oo
7/28/oo
7/28/o0
7/28/oo
7/28/oo
7/28/oo
7/28/00
7/28/o0
7/28/oo
7/28/00
7/28/oo
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
7128100
7/28/00
7/28/00
7/28/00
7/28/00
7128100
7/28/00
7/28/00
7/28/00
7128100
7/28/00
7/28/00
7/28/00
7/28/00
7/28/00
$3,488.00
$699.26
$36.86
$17.93
$298.48
$22.51
$62.37
$43.32
$13.90
$725.OO
$1,501.67
$7,29535
$181.80
$602.40
$55.12
$75.00
$291.10
$1,349.oo
$2,368.75
$1,447.44
$14.45
$243.45
$256.74
$3,325.00
$172.12
$744.04
$589.42
$83.00
$so.00
$20.00
$65 .oo
$735.42
$171.00
$114.60
$4,358.43
$1,324.41
$192.55
$216.00
$19. i4
$954.81
$923.74
$913.17
$139.50
$759.85
$175.00
$255.00
$278.O9
$2,598.75
$392.40
Page7
A/P CHECK LISTING FOR THE MONTH OF JULY 2000
51654
51655
51656
51657
51658
51659
5166O
51661
51662
SERVICY:.%TRANS
SUPPLIES-PARKS
SUPplIES-VARIOUS
REIMBURSE-RSVP
REIMBURSE-RSVP
REIMBURSE-RSVP
REIMBURSE-RSVP
REIMBURSE~RSVP
PETTY CASH-VARIOUS
WBN RADIATOR 022700 7/28/00
WBN RENT-ALL 022708 7/28/00
YES GRAPHICS 024025 7/28/00
ALMEDA QUIRING 035608 7/28/00
MARIAN REED 035615 7/28/00
3UNE WOODCDCX 035648 7/28/00
RIO-lARD SNYDER 035655 7/28/O0
3AY WOODS 035763 7/28/00
CITY OF WOODBURN 015255 7/31/00
$25.00
$ss.o0
$995.00
$1o.oo
$13.00
$16.00
$33.O0
$33.00
$145.05
$1,108,018.04
Page 8
Community
Development
270 Montgomery Street
Woodburn, Oregon 97071
8(;
MEMORANDUM
(503) 982-5246
Date:
To:
From:
Subject:
July 31, 2000
Jim Mulder, Interim Community Development Director
Building Department
Building Activity for July 2000
1998 1999 2000
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 11 $1,271,855 16 $2,202,704 5 $628:383
Multi Family 0 $0 0 $0 0 $0
Residential Adds & Alts 14 $38,640 2 $31,058 2 $20,000
Industrial 2 $88,599 0 $0 0 $0
Commercial Value 11 $625,803 0 $0 0 $0
Signs, Fences, Driveways 6 $20,384 24 $167,766 0 $0
Manufactured Homes 5 $124,996 0 $0 I $33,850
TOTALS 49 $2,170,277 42 $2,401,528 8 $682,233
July 1 -June 30
Fiscal Year To Date $2,170,277 $2,401,528 $682,233
Bldg~activity 07/00
City of Woodburn
Police Department STAFF REPORT
270 Montgomery Street Woodburn, Oregon 97071 (503) 982-234~
Date:
From:
To:
Thru:
July 26, 2000
~4/ff~,~aul Null, Chief of Police
Mayor and Council
John Brown, City Administrato
Subject:
Police Department Activities - March 2000
8H
The Consolidated Monthly Report is a monthly analysis of police department calls for service.
This report lists all police department incident investigations for the month, shows year to date
and compares with the previous year. The report is in conformance with Federal Bureau of
Investigations national guidelines for crime classifications and is reported to the State of Oregon
Law Enforcement Data System via the Regional Automated Information Network.
Should you have questions or wish further information, please contact me.
811
I--
ILl
Z
8I
81
City of Woodburn
Police Department STAFF REPORT
270 Montgomery Street Woodburn, Oregon 97071 {503) 982-2351
Date:
From:
August 8, 2000
~ Russell, Acting Chief of Police
To: Mayor and City Council
Through: John Brown, City Administrator'<~'
Subject: Sound Amplification Permit - Teen Swim and Dance
Ordinance 1900,3, (5)
The use of an automatic or electric piano, phonograph, loudspeaker or
sound-amplifying device so loudly as to disturb persons in the vicinity
thereof or in such manner as renders the same a public nuisance; provided
however, that upon application to the Council permits may be (~ranted to
responsible persons or organizations to broadcast programs of music; news
or speeches or general entertainment.
The Police Department has received a request for a sound amplification permit from
Leslie Greear, Assistant Manager of the Woodburn Aquatic Center. The Aquatic
Center is requesting the permit to accommodate amplified music at a teen swim dance
to be held on Saturday August 18m, 2000, from 8:00 p.m. until 11:00 p.m. on the north
side of the Aquatic Center.
Recommendation: The City Council approve a sound amplification permit for the
Woodburn Aquatic Center on August 18th, 2000 from 8:00 p.m. until 11:00 p.m.
9A
Memo:
August 7th, 2000
To:
Scott Russell
Woodbum Police Dept.
From:
Leslie Greear Assist. Manager
Woodbum Aquatic Center
Subject: Sound Permit - August 18, 2000
We would like to have a sound permit for the evening of August 18, 2000, from 8:00pm to
11:00pm. We are having a Teen Swim and Dance. We will be having a D.J. out on the lawn on
the North side of the pool. If you have any questions or concerns regarding the event, please
contact either me, or the Aquatic Manager, Kathy Wil[ox, at ext. 288.
Thank you for your assistance with our event.
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrato~
Public Works Program Manager/C~~
Lease Agreement with Union Pacific for Front Street Improvements
August 2, 2000
RECOMMENDATION:
Approve the attached resolution entering into a lease agreement with Union Pacific
Railroad Company for use of railroad property for highway purposes.
BACKGROUND:
As part of the ongoing effort to do preliminary design of a South Front Street improvement,
the available right of way width along the entire street length was evaluated. It was
determined that additional right of way was required at the north end of the proposed
improvement near Cleveland Street because of the location of the existing curb. The city
will need to acquire additional small areas of right of way along South Front Street in order
to complete the proposed improvement. The area that is the subject of the Union Pacific
Railroad lease is outlined on the attached map.
As part of the overall evaluation of right of way availability, contact was made with the
Union Pacific Railroad Company. It was the original city position that the city already
controlled the portion of the right of way that is the subject of this lease. Union Pacific
asserted that their position was that the property in question was actually railroad property.
Negotiations with the railroad resulted in an agreement that would allow the city to utilize
approximately five (5) feet of property for the purpose of constructing the South Front
Street improvement project. This five (5) foot strip will extend approximately 550 feet to
the south from Cleveland Street along the west edge of the railroad right of way. The
lease allows the city to utilize the property and avoids what could have been a lengthy
process to determine if the city assertion that the property in question was actually city
right of way was correct.
Union Pacific has agreed to lease the property to the city for a one time lease payment of
one dollar. Staff recommends approval of the resolution authorizing the mayor to sign the
agreement on behalf of the city.
9B
UDRARY
CITY
HALL
SETTLEMIER
PARK
~ CTHERAN
HURCH
ITY
'-- __. '-.. COMSTOCK ^v£
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO AN AGREEMENT FOR LEASE OF PREMISES FOR
HIGHWAY PURPOSES FOR PROPERTY IN THE CITY OF WOODBURN WITH UNION
PACIFIC RAILROAD COMPANY AND AUTHORIZING THE MAYOR TO SIGN SUCH
AGREEMENT.
WHEREAS, The City of Woodburn desires to make street improvements to South Front
Street in the City, and
WHEREAS, The Union Pacific Railroad Company owns property on which a portion of
the proposed street improvement will be constructed, and
WHEREAS, The City and Union Pacific Railroad Company have agreed to a lease
agreement for the property that is required for the desired street improvement, and
WHEREAS, The City must complete an agreement for lease of premises for highway
purposes with the Union Pacific Railroad Company to utilize the property for desired
improvements to South Front Street; NOW THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an agreement, which is affixed as
Attachment "A" and by this reference incorporated herein, for lease of premises for highway
purposes for property in the City of Woodburn with the Union Pacific Railroad Company.
Section 2. That the Mayor of the City of Woodburn is authorized to sign said agreement
on behalf of the City.
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
Approved as to form~'j' ~
City Attorney
Date
APPROVED:
Richard Jennings, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 2 -
COUNCIL BILL NO.
RESOLUTION NO.
Lease of Premises
for Highway Purposes
at Milepost 734.94
ATTACHMENT ~ --
Page /',.of-- '
Folder: 01885-31
Audit No:
THIS AGREEMENT, made and entered into as of the ~ day of ,2000,
by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the
"Lessor"), and the CITY OF WOODBURN , to be addressed at 270 Montgomery Street, Woodbum
Oregon 97701 (hereinafter the "Lessee").
WITNESSETH:
IT IS MUTUALLY COVENANTED AND AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
Section 1. LEASE; TERM.
The Lessor hereby leases to the Lessee for a term of twenty (20) years effective as of the date
first herein written, unless sooner terminated in accordance with the terms hereof, the premises
(hereinafter "Leased Premises") narrated in the description dated June 15, 2000 marked Exhibit "A",
hereto attached.
Section 2. ONE-TIME PAYMENT
Lessee shall pay to Lessor a one-time payment in the amount of One Dollars ($1.00).
9B
Section 3. TAXES; ASSESSMENTS; CONSTRUCTION; LIABILITY.
The Lessee also agrees to assume all taxes and assessments levied upon the Leased Premises
during the continuance of this Lease, not including taxes or assessments levied against the Leased
Premises as a component part of the railroad property of the Lessor in the state as a whole; to construct
and maintain the highway on the Leased Premises in accordance with plans and profiles submitted to and
approved by the Chief Engineer of the Lessor before the work is commenced; to keep the Leased
Premises free from combustible material; to plant no trees or shrubbery thereon without the previous
written consent of the Lessor, and to erect no structures thereon except such .as may be necessary for
highway purposes; to put nothing upon the Leased Premises which might obstruct or interfere with the
view; to provide, in locations and in accordance with plans approved by the Lessor before the work is
commenced, such ditches, culverts, bridges and other structures as may be necessary to properly care for
the drainage from the Leased Premises and the adjoining right of way of the Lessor; and to hold the
Lessor harmless from any and all damages to any of such structures on the Leased Premises arising from
fire caused directly or indirectly by sparks or fire emitted from the engines or trains of the Lessor; and
further to hold the Lessor harmless from any damages to the highway upon the Leased Premises which
may result from the construction or maintenance of drainage ditches or waterways by the Lessor.
The Lessee shall, in the construction, maintenance and improvement of the highway on the
Leased Premises, take every precaution to prevent damage to, or the impairment of the stability of, the
poles in any pole line of the Lessor or of its tenants; and the Lessee shall, at its own expense, reset or
relocate, at and under the direction of the Lessor any pole or poles that are, or are likely to be, damaged
Folder 01885-31 Lease of Premises Page 1
For Highway Purposes June 30, 2000
ATTACHMENT ~
Page ~ of /"2.-
or weakened because of the construction of such highway or the maintenance or improvement of the
same, or shall reimburse the Lessor for the cost of resetting or relocating any such pole or poles if the
Lessor elects to do the work itself.
Section 4. COST OF CHANGES.
In connection with the construction of the highway on the Leased Premises the Lessee shall
assume the cost of any necessary changes within the limits of the right of way of the Lessor in the
construction, grade or drainage of highways or other roadways crossing the Lessor's right of way.
Section 5.
REPOSSESSION FOR RAILROAD PURPOSES; SUBJECT TO MINERAL DEED
DATED AS OF APRIL 1, 1971.
The Lessor reserves the right to take possession of all or any portion of the Leased Premises
whenever the use thereof may become necessary or expedient, in the judgment of the Lessor, for railroad
purposes, including the location of public or private warehouses, elevators, or other structures with the
design to facilitate and promote traffic; PROVIDED, however, that in the event the Lessor elects to take
possession of all or any portion of the Leased Premises in accordance with this reservation, it shall first
serve upon the Lessee ninety (90) days' written notice of such election.
This Lease is made subject to deed dated as of April 1, 1971, whereby Lessor conveyed to Union
Pacific Land Resources Corporation all minerals and mineral rights of every kind and character now
known to exist or hereaRer discovered, including, without limiting the generality of the foregoing, oil and
gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and
dispose of, such minerals by any means or methods suitable to Union Pacific Land Resources
Corporation, its successors and assigns, but without entering upon or using the surface of the lands
hereby leased, and in such manner as not to damage the surface of such lands or to interfere with the use
thereof by the Lessor, its successors and assigns.
Section 6.
RESERVATION OF RIGHT TO CROSS LEASED PREMISES WITH RAILROAD
TRACKS.
The Lessor reserves the right to cross the Leased Premises with such railroad tracks as may be
required for its convenience or purposes in such manner as not unreasonably to interfere with their use as
a public highway. In the event the Lessor shall place tracks upon the Leased Premises in accordance with
this reservation, it shall, upon completion of such tracks, restore the highway across the same to its
former state of usefulness.
Section 7. USE OF LEASED PREMISES.
The Lessee shall not use the Leased Premises or permit them to be used except for the usual
ordinary purposes of a street or highway, and it is expressly understood and agreed that such purposes
shall not be deemed to include the use by the Lessee, or by others, of the Leased Premises for railroad,
street or interurban railway or other rail transportation purposes or for the construction or maintenance of
electric power transmission lines, gas, oil or gasoline pipelines.
Section 8. SUPERIOR RIGHTS.
This Lease is subject to all outstanding superior rights (including those in favor of licensees and
lessees of the Lessor's property, and others) and to the right of the Lessor to renew and extend the same;
9B
Folder 01885-31 Lease of Premises Page 2
For Highway Purposes June 30, 2000
ATTACHMENT, ,/-//
Page --~ of /'~--
and it is understood that nothing in this Lease contained shall be construed as a covenant to put the 9B
Lessee into possession or to protect the Lessee in the peaceable possession of such premises.
Section 9. SPECIAL ASSESSMENTS.
No special assessments for establishing or improving the highway located upon the Leased
Premises are to be made against the adjacent railroad right of way of the Lessor, and the Lessee agrees to
protect the Lessor against and save it harmless from such special assessments.
Section 10.
CONSTRUCTION, MAINTENANCE AND RELOCATION OF FENCES AND
BARRIERS.
The Lessee agrees that, at points where the Lessor at the date hereof maintains a fence on its right
of way between its track and the inner margin of the Leased Premises, the Lessee will, at its own cost and
expense, move such fence to the inner margin of the Leased Premises, and that, at points where the
Lessor does not maintain a fence in such location, the Lessee will construct a fence on the inner margin of
the Leased Premises when and where requested in writing by the Lessor. The Lessee further agrees to
assume the responsibility of constructing or of making such arrangements as may be necessary with
owners or lessees of property abutting upon the right of way along the line of such highway for
constructing, maintaining and repair fences on the outer margin of the Lessor's right of way, ;and to
relieve the Lessor of all obligation, if any there be, to establish or maintain fences upon the outer margin
of its right of way and of all expense incident to the construction, maintenance and repair of such fences.
In the relocation of existing fences and in the construction of new fences in accordance with the
provisions of this section, the Lessee shall, at its own cost and expense, also relocate or construct such
wing fences that may be necessary and also any necessary connections with existing fences of the Lessor.
All fences shall be in accordance with the standards of the Lessor and all work of relocating and
constructing fences shall be done in a manner satisfactory to the Lessor.
At points where the highway is higher than or on the same level as or less than two (2) feet below
the level of tracks of the Lessor and forms a curve convex to such tracks, the Lessee, at its expense, shall
construct and thereafter maintain substantial barriers on the track side of the highway so as to prevent
vehicles moving from such highway or being overturned or thrown therefrom across the roadbed or
tracks of the Lessor, and such barriers shall be of such nature, material, dimensions and strength as shall
be approved by the Chief Engineer of the Lessor.
Section 11. PROTECTION OF REVERSIONARY INTERESTS.
For the purpose of protecting the reversionary interests of the Lessor against the assertion of
adverse rights, the Lessee agrees to prevent encroachments upon the Leased Premises, and to this end
will, at its own expense, take all necessary action, including as far as practicable the building of its
ditches on and the borrowing of earth from the outer margin of the Leased Premises.
Section 12. TERMINATION ON DEFAULT.
If the Lessee should breach or fail to keep any of the covenants or conditions hereof, or fail to
perform such covenants or conditions, or to remedy the same for thirty (30) days after written notice of
such failure or breach on the part of the Lessee, given by the Lessor to the Lessee, then this Lease shall
be null and void.
Folder 01885-31 Lease of Premises Page 3
For Highway Purposes luae 30, 2000
Section 13.
TERMINATION ON NONUSER.
ATTACHMENT
Nonuser by the Lessee of the Leased Premises for highway purposes continuing at any time
during the term hereof for a period of eighteen (18) months shall, at the option of the Lessor, work a
termination of this Lease and of all rights of the Lessee hereunder, and nonuser by the Lessee of a portion
of the Leased Premises continuing for a like period shall, at the option of the Lessor, work a termination
of all rights and interests of the Lessee with respect to such portion.
Section 14. RAILROAD PROTECTIVE LIABILITY INSURANCE.
The Lessee agrees that any contractor performing work contemplated hereunder shall be required
to procure for and on behalf of the Lessor and to keep in effect, during the entire period of the operations
of such contractor or any subcontractor, insurance of the kinds and amounts stated in the Railroad
Protective Liability Form, marked Exhibit B, attached hereto, such insurance to be acceptable to the
Lessor and to be in addition to any other forms of insurance or bonds required under the terms of any
contracts between the Lessee and such contractor or subcontractors.
The originals of all policies of insurance required under Exhibit B shall be furnished to the Lessor
and shall be acceptable to and approved by the Lessor as to form, substance and execution and as to the
insurer issuing such policy or policies. Such insurance shall be kept in effect until all .of the work tobe,
performed by such contractor or subcontractors shall have been completed and formally accepted by the
Lessee.
Section 15. PROTECTION OF FIBER OPTICS.
Fiber optic cable systems may be buried on the Lessor's property. Lessee shall telephone the
Lessor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the
Leased Premises. If it is, Lessee will telephone the telecommunications company(les) involved, arrange
for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior
to beginning any work on the Leased Premises.
In addition to the liability terms elsewhere in this Lease, the Lessee shall indemnify and hold the
Lessor harmless against and from all cost, liability, and expense whatsoever (including, without
limitation, attorneys' fees and court costs and expenses) arising out of or in any way contributed to by
any act or omission of the Lessee, its contractor, agents and/or employees, that causes or in any way or
degree contributed to (a) any damage to or destruction of any telecommunications system by the Lessee,
and/or its contractor, agents and/or employees, on Lessor's property, (b) any injury to or death of any
person employed by or on behalf of any telecommunications company, and/or its contractor, agents
and/or employees, on Lessor's property, and/or (c) any claim or cause of action for alleged loss of profits
or revenue by, or loss of service by a customer or user of, such telecommunication company(ies).
Section 16. LESSEE NOT TO ASSIGN OR SUBLET.
This Lease is not to be assigned, nor is any portion of the Leased Premises to be sublet, without
the written consent of the Lessor. The Lessee will surrender peaceable possession of the Leased
Premises at the expiration of this Lease.
Section 17. SUCCESSORS AND ASSIGNS.
Folder 01885-31 Lease of Premises Page 4
For Highway Purposes June 30, 2000
TTACHMENT
age -~ , of ~
All covenants and agreements herein recited are made by the parties hereto for, and shall be 9B
binding upon, themselves and for their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in
duplicate as of the date first herein written.
UNION PACIlrlC RAILROAD COMPANY
CITY OF WOODBURN
By: By:
Senior Manager - Real Estate Title:
NOTE: New Lease
Folder 01885-31
Lease of Premises
For Highway Purposes
Page 5
June 30, 2000
ATTACHMENT ~ ~B
Page ~....~._. of~ /;Z... _
EXHIBIT A
DESCRIPTION OF LEASED PREMISES
June 15, 2000
The leased premises constitute the westerly five feet of Union Pacific
Railroad Company's Brooklyn Subdivision right-of-way in Woodbum,
Marion County, Oregon, from Cleveland Street (mile post 734.94) South
550 feet to the approximate south boundary of the vacated poplar street.
Lease Area = 2,750.0 Square Feet = 0.063 Acre
IND LS 11/15/99
· APPROVED, LAW
EXHIBIT B
Section 1.
IMPROVEMENTS.
No improvements placed upon the Premises by Lessee shall become a pad of the realty.
Section 2. RESERVATIONS AND PRIOR RIGHTS.
A. Lessor reserves to itself, its agents and contractors, the right to enter the Premises at such
times as will not unreasonably interfere with Lessee's use of the Premises.
B. Lessor reserves (i) the exclusive right to permit third party placement of advertising signs on
the Premises, and (ii) the right to construct, maintain and operate new and existing facilities (including. without
limitation, trackage, fences, communication facilities, roadways and utilities) upon, over, across or under the
Premises, and to grant to others such rights, provided that Lessee's use of the Premises is not interfered with
unreasonably.
C. This Lease is made subject to all outstanding rights, whether or not of record. Lessor
reserves the right to renew such outstanding rights.
Section 3. PAYMENT OF RENT.
Rent (which includes the annual rent and all other amounts to be paid by Lessee under this Lease)
shall be paid in lawful money of the United States of America, at such place as shall be designated by the
Lessor, and without offset or deduction.
Section 4. TAXES AND ASSESSMENTS.
A. Lessee shall pay, prior to delinquency, all taxes levied during the life of this Lease on all
personal property and improvements on the Premises not belonging to Lessor. If such taxes are paid by
Lessor, either separately or as a part of the levy on Lessor's real property, Lessee shall reimburse Lessor in
full within thirty (30) days after rendition of Lessor's bill.
B. If the Premises are specially assessed for public improvements, the annual rent will be
automatically increased by 12% of the full assessment amount.
Section 5. WATER RIGHTS.
This Lease does not include any right to the use of water under any water right of Lessor, or to
establish any water rights except in the name of Lessor.
Section 6. CARE AND USE OF PREMISES.
A. Lessee shall use reasonable care and caution against damage or destruction to the
Premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose, maintain any
nuisance, permit any waste, or use the Premises in any way that creates a hazard to persons or property.
Lessee shall keep the Premises in a safe, neat, clean and presentable condition, and in good condition and
repair. Lessee shall keep the sidewalks and public ways on the Premises, and the walkways appurtenant to
any railroad spur track(s) on or serving the Premises, free and clear from any substance which might create
a hazard and all water flow shall be directed away from the tracks of the Lessor.
B. Lessee shall not permit any sign on the Premises, except signs relating to Lessee's business.
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If any improvement on the Premises not belonging to Lessor is damaged or destroyed by fire
or other casualty, Lessee shall, within thirty (30) days after such casualty, remove all debris resulting
therefrom. If Lessee fails to do so, Lessor may remove such debris, and Lessee agrees to reimburse Lessor
for all expenses incurred within thirty (30) days after rendition of Lessor's bill.
D. Lessee shall comply with all governmental laws, ordinances, rules, regulations and orders
relating to Lessee's use of the Premises.
Section 7. HAZARDOUS MATERIALS, SUBSTANCES AND WASTES.
A. Without the prior written consent of Lessor, Lessee shall not use or permit the use of the
Premises for the generation, use, treatment, manufacture, production, storage or recycling of any Hazardous
Substances, except that Lessee may use (i) small quantities of common chemicals such as adhesives,
lubricants and cleaning fluids in order to conduct business at the Premises and (ii) other Hazardous
Substances, other than hazardous wastes as defined in the Resource Conservation and Recovery Act, 42
U.S.C. §§ 6901, et seq., as amended ("RCRA"), that are necessary for the conduct of Lessee's business at
the Premises as specified in Article I. The consent of Lessor may be withheld by Lessor for any reason
whatsoever, and may be subject to conditions in addition to those set forth below. It shall be the sole
responsibility of Lessee to determine whether or not a contemplated use of the Premises is a Hazardous
Substance use.
B. In no event shall Lessee (i) release, discharge or dispose of any Hazardous Substances, (ii)
bring any hazardous wastes as defined in RCRA onto the Premises, (iii) install or use on the Premises any
underground storage tanks, or (iv) store any Hazardous Substances within one hundred feet (100')of the
center line of any main track.
C. If Lessee uses or permits the use of the Premises for a Hazardous Substance use, with or
without Lessor's consent, Lessee shall furnish to Lessor copies of all permits, identification numbers and
notices issued by governmental agencies in connection with such Hazardous Substance use, together with
such other information on the Hazardous Substance use as may be requested by Lessor. If requested by
Lessor, Lessee shall cause to be performed an environmental assessment of the Premises upon termination
of the Lease and shall furnish Lessor a copy of such report, at Lessee's sole cost and expense.
D. Without limitation of the provisions of Section 12 of this Exhibit B, Lessee shall be
responsible for all damages, losses, costs, expenses, claims, fines and penalties related in any manner to
any Hazardous Substance use of the Premises (or any property in proximity to the Premises) during the term
of this Lease or, if longer, during Lessee's occupancy of the Premises, regardless of Lessor's consent to such
use, or any negligence, misconduct or strict liability of any Indemnified Party (as defined in Section 12), and
including, without limitation, (i) any diminution in the value of the Premises and/or any adjacent property of
any of the Indemnified Parties, and (ii) the cost and expense of clean-up, restoration, containment,
remediation, decontamination, removal, investigation, monitoring, closure or post-closure. Notwithstanding
the foregoing, Lessee shall not be responsible for Hazardous Substances (i) existing on, in or under the
Premises prior to the earlier to occur of the commencement of the term of the Lease or Lessee's taking
occupancy of the Premises, or (ii) migrating from adjacent properly not controlled by Lessee, or (iii) placed
on, in or under the Premises by any of the Indemnified Parties; except where the Hazardous Substance is
discovered by, or the contamination is exacerbated by, any excavation or investigation undertaken by or at
the behest of Lessee. Lessee shall have the burden of proving by a preponderance of the evidence that any
exceptions of the foregoing to Lessee's responsibility for Hazardous Substances applies.
In addition to the other rights and remedies of Lessor under this Lease or as may be provided
by law, if Lessor reasonably determines that the Premises may have been used during the term of this Lease
or any prior lease with Lessee for all or any podion of the Premises, or are being used for any Hazardous
Substance use, with or without Lessor's consent thereto, and that a release or other contamination may have
occurred, Lessor may, at its election and at any time during the life of this Lease or thereafter (i) cause the
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Premises and/or any adjacent premises of Lessor to be tested, investigated, or monitored for the presence
of any Hazardous Substance, (ii) cause any Hazardous Substance to be removed from the Premises and any
adjacent lands of Lessor, (iii) cause to be performed any restoration of the Premises and any adjacent lands
of Lessor, and (iv) cause to be performed any remediation of, or response to, the environmental condition of
the Premises and the adjacent lands of Lessor, as Landlord reasonably may deem necessary or desirable,
and the cost and expense thereof shall be reimbursed by Lessee to Lessor within thirty (30) days after
rendition of Lessor's bill. In addition, Lessor may, at its election, require Lessee, at Lessee's sole cost and
expense, to perform such work, in which event, Lessee shall promptly commence to perform and thereafter
diligently prosecute to completion such work, using one or more contractors and a supervising consulting
engineer approved in advance by Lessor.
F. For purposes of this Section 7, the term "Hazardous Substance" shall mean (i) those
substances included within the definitions of "hazardous substance", "pollutant", "contaminant", or "hazardous
waste", in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42U.S.C.
§§ 9601, et seq., as amended or in RCRA, the regulations promulgated pursuant to either such Act, or state
laws and regulations similar to or promulgated pursuant to either such Act, (ii) any material, waste or
substance which is (A) petroleum, (B) asbestos, (C) flammable or explosive, or (D) radioactive; and (iii) such
other substances, materials and wastes which are or become regulated or classified as hazardous or toxic
under federal, state or local law.
Section 8. UTILITIES.
Lessee.
Lessee will arrange and pay for all utilities and services supplied to the Premises or to
B. All utilities and services will be separately metered to Lessee. If not separately metered,
Lessee shall pay its proportionate share as reasonably determined by Lessor.
Section 9. LIENS.
Lessee shall not allow any liens to attach to the Premises for any services, labor or materials
furnished to the Premises or otherwise arising from Lessee's use of the Premises. Lessor shall have the right
to discharge any such liens at Lessee's expense.
Section 10. ALTERATIONS AND IMPROVEMENTS; CLEARANCES.
A. No alterations, improvements or installations may be made on the Premises without the prior
consent of Lessor. Such consent, if given, shall be subject to the needs and requirements of the Lessor in
the operation of its Railroad and to such other conditions as Lessor determines to impose. In all events such
consent shall be conditioned upon strict conformance with all applicable governmental requirements and
Lessor's then-current clearance standards.
B. All alterations, improvements or installations shall be at Lessee's sole cost and expense.
C. Lessee shall comply with Lessor's then-current clearance standards, except (i) where to do
so would cause Lessee to violate an applicable governmental requirement, or (ii) for any improvement or
device in place prior to Lessee taking possession of the Premises if such improvement or device complied
with Lessor's clearance standards at the time of its installation.
D. Any actual or implied knowledge of Lessor of a violation of the clearance requirements of this
Lease or of any governmental requirements shall not relieve Lessee of the obligation to comply with such
requirements, nor shall any consent of Lessor be deemed to be a representation of such compliance.
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Section 11. AS-I~S.
Lessee accepts the Premises in its present condition with all faults, whether patent or latent, and
without warranties or covenants, express or implied. Lessee acknowledges that Lessor shall have no duty
to maintain, repair or improve the Premises.
Section 12. RELEASE AND INDEMNITY.
A. As a material part of the consideration for this Lease, Lessee, to the extent it may lawfully
do so, waives and releases any and all claims against Lessor for, and agrees to indemnify, defend and hold
harmless Lessor, its affiliates, and its and their officers, agents and employees ("Indemnified Parties") from
and against, any loss, damage (including, without limitation, punitive or consequential damages), injury,
liability, claim, demand, cost or expense (including, without limitation, attorneys' fees and court costs), fine
or penalty (collectively, "Loss") incurred by any person (including, without limitation, Lessor, Lessee, or any
employee of Lessor or Lessee) and arising from or related to (i) any use of the Premises by Lessee or any
invitee or licensee of Lessee, (ii) any act or omission of Lessee, its officers, agents, employees, licensees or
invitees, or (iii) any breach of this Lease by Lessee.
B. The foregoing release and indemnity shall apply regardless of any negligence, misconduct
or strict liability of any Indemnified Party, except that the indemnity, only, shall not apply to any Loss caused
by the sole, active and direct negligence of any Indemnified Party if the Loss (i) was not occasioned by fire
or other casualty, or (ii) was not occasioned by water, including, without limitation, water damage due to the
position, location, construction or condition of any structures or other improvements or facilities of any
Indemnified Party.
C. Where applicable to the Loss, the liability provisions of any contract between Lessor and
Lessee covering the carriage of shipments or trackage serving the Premises shall govern the Loss and shall
supersede the provisions of this Section 12.
D. No provision of this Lease with respect to insurance shall limit the extent of the release and
indemnity provisions of this Section 12.
Section 13. TERMINATION.
A. Lessor may terminate this Lease by giving Lessee notice of termination, if Lessee (i) fails to
pay rent within fifteen (15) days after the due date, or (ii) defaults under any other obligation of Lessee under
this Lease and, after written notice is given by Lessor to Lessee specifying the default, Lessee fails either to
immediately commence to cure the default, or to complete the cure expeditiously but in all events within thirty
(30) days after the default notice is given.
B. Notwithstanding the term of this Lease set forth in Article II, Lessor or Lessee may terminate
this Lease without cause upon thirty (30) days' notice to the other party; provided, however, that at Lessor's
election, no such termination by Lessee shall be effective unless and until Lessee has vacated and restored
the Premises as required in Section 15A), at which time Lessor shall refund to Lessee, on a pro rata basis,
any unearned rental paid in advance.
Section 14. LESSOR'S REMEDIES.
Lessor's remedies for Lessee's default are to (a) enter and take possession of the Premises, without
terminating this Lease, and relet the Premises on behalf of Lessee, collect and receive the rent from reletting,
and charge Lessee for the cost of reletting, and/or (b) terminate this Lease as provided in Section13 A) above
and sue Lessee for damages, and/or (c) exercise such other remedies as Lessor may have at law or in equity.
Lessor may enter and take possession of the Premises by self-help, by changing locks, if necessary, and
may lock out Lessee, all without being liable for damages.
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ATTACH M ENT _----*~-----,
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Section 15. VACATION OF PREMISES; REMOVAL OF LESSEE'S PROPERTY.
A Upon termination howsoever of this Lease, Lessee (i) shall have peaceably and quietly
vacated and surrendered possession of the Premises to Lessor, without Lessor giving any notice to quit or
demand for possession, and (ii) shall have removed from the Premises all structures, property and other
materials not belonging to Lessor, and restored the surface of the ground to as good a condition as the same
was in before such structures were erected, including, without limitation, the removal of foundations, the filling
in of excavations and pits, and the removal of debris and rubbish.
B. If Lessee has not completed such removal and restoration within thirty (30) days after
termination of this Lease, Lessor may, at its election, and at any time or times, (i) perform the work and
Lessee shall reimburse Lessor for the cost thereof within thirty (30) days after bill is rendered, (ii) take title
to all or any portion of such structures or property by giving notice of such election to Lessee, and/or (iii) treat
Lessee as a holdover tenant at will until such removal and restoration is completed.
Section 16. FIBER OPTICS.
Lessee shall telephone Lessor during normal business hours (7:00 a.m. to 9:00 p.m., Central Time,
Monday through Fridays, except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for
emergency calls) to determine if fiber optic cable is buried on the Premises. If cable is buried on the
Premises, Lessee will telephone the telecommunications company(ies), arrange for a cable Iocator, and make
arrangements for relocation or other protection of the cable. Notwithstanding compliance by Lessee with this
Section 16, the release and indemnity provisions of Section 12 above shall apply fully to any damage or
destruction of any telecommunications system.
Section 17. NOTICES.
Any notice, consent or approval to be given under this Lease shall be in writing, and personally
served, sent by reputable courier service, or sent by certified mail, postage prepaid, return receipt requested,
to Lessor at: Union Pacific Railroad Company, Attn: Assistant Vice President - Real Estate, Real Estate
Department, 1800 Farnam Street, Omaha, Nebraska 68102; and to Lessee at the above address, or such
other address as a party may designate in notice given to the other party. Mailed notices shall be deemed
served five (5) days after deposit in the U.S. Mail. Notices which are personally served or sent by courier
service shall be deemed served upon receipt.
Section 18. ASSIGNMENT.
A. Lessee shall not sublease the Premises, in whole or in part, or assign, encumber or transfer
(by operation of law or otherwise) this Lease, without the prior consent of Lessor, which consent may be
denied at Lessor's sole and absolute discretion. Any purported transfer or assignment without Lessor's
consent shall be void and shall be a default by Lessee.
B. Subject to this Section 18, this Lease shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, successors and assigns.
Section 19. CONDEMNATION.
If, as reasonably determined by Lessor, the Premises cannot be used by Lessee because of a
condemnation or sale in lieu of condemnation, then this Lease shall automatically terminate. Lessor shall be
entitled to the entire award or proceeds for any total or partial condemnation or sale in lieu thereof, including,
without limitation, any award or proceeds for the value of the leasehold estate created by this Lease.
Notwithstanding the foregoing, Lessee shall have the right to pursue recovery from the condemning authority
of such compensation as may be separately awarded to Lessee for Lessee's relocation expenses, the taking
of Lessee's personal property and fixtures, and the interruption of or damage to Lessee' business.
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Section 20. ATTORNEY'S FEES.
If either party retains an attorney to enforce this Lease (including, without limitation, the indemnity
provisions of this Lease), the prevailing party is entitled to recover reasonable attorney's fees.
Section 21. ENTIRE AGREEMENT.
This Lease is the entire agreement between the parties, and supersedes all other oral or wrftten
agreements between the parties pertaining to this transaction. Except for the unilateral redetermination of
annual rent as provided in Article II1., this Lease may be amended only by a written instrument signed by
Lessor and Lessee.
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G.~.AWAD~,~pAR'~ JO~ ORMSU N O~=A.SF-EX~ ~
9C
MEMO
To:
From:
Subject:
Date:
For Council Action, through the City AdministratoW' .17.,
Randy Scott, CE Tech III, through Public Works Director
Contract award for sidewalk construction, bid no. 20-22
August 10, 2000
RI~COM~NDATION:
It is being recommended the City Council award the construction contract to the lowest
responsible bidder, D & D paving Co, dba: Axis Curb Co. for the Parr Road Sidewallc/Bikelane
Improvement in the amount of $44,417.25.
BACKGROUND:
The contract is for the installation of a 10 foot wide concrete sidewalk on the South side of Parr
Road, Project No 990024-09, Bid No. 20-22. The sidewalk will be installed from the existing
sidewalk at the West boundary &the School District property to the West boundary of the
Centennial Park property. Presently no sidewalk exists on either side along this portion of Parr
Road. The installation will provide for safer pedestrian traffic.
The pre 'laninary design for future street improvements on Parr Road has been completed to
establish design grades and location of the furore improvement. The sidewalk is being installed to
conform with location and grades as established by the design.
This improvement is funded under approved budget funds
Staff received a total of four qualified bids, as listed below
1. D & D paving Co, dba: Axis Curb Co
$44,417.25
2. D & D Concrete & Utilities
$46,035.00
3. KJS Construction Inc. $54,489.00
4. Capital Concrete Const.
$84,705.15
The Engineers Estimate
$53,944.00 (Note the low bid is 17%
Below the Engineers estimate)
9D
August 14, 2000
TO:
FROM:
SUBJECT:
Honorable Mayor and City Counc~i~A-"~
John C. Brown, City Admlnistrator.~~"
Mid-Willamette Valley Community Development Partnership
Recommendation:
It is recommended the City Council
1. Determine its policy regarding padicipation in the Mid-Willamette
Valley Community Development Padnership; and, if appropriate
2. Authorize the Mayor to select a representative to serve on the
Partnership Board.
Background:
Attached is an information package provided by the Mid-Willamette
Valley Council of Governments (COG), which summarizes the purpose,
composition, organization, and duties of the Mid-Willamette Valley Community
Development Partnership (the Partnership). The Partnership is the successor to
the Mid-Willamette Valley Economic Development District (the District), and is
comprised of elected and appointed representatives of communities in Marion,
Polk, and Yamhill Counties. The Partnership allocates lottery funds to regional
development projects, and establishes regional priorities for other state and
federal development programs.
Discussion:
Woodburn was represented on the District board until we terminated
COG membership. Changes in State Statute replaced the District with the
Partnership and eliminated requirements that Partnership board members be
COG members. The COG has invited Woodburn to participate in the
Partnership by authorizing the Mayor or member of the City Council to serve on
the Partnership Board. The Padnership's Bylaws, adopted in February 2000,
provide for Woodburn within its membership.
The COG indicates an immediate need for assistance in awarding
funding to Rural Investment Fund projects. If Woodburn participates in the
Partnership, our representative is asked to serve on the Rural Investment
Committee to assist with those awards. Woodburn has applied for Rural
Investment Funding for three street resurfacing projects. Time commitment is
limited to approximately one meeting per month. Our participation assures that
Honorable Mayor and City Council
August 10, 2000
Page 2.
9D
Woodburn shares in the process of funding projects of regional importance, that
Woodburn projects receive maximum consideration in that process.
JCB
Mid-Willamette Valley
Council of Governments
105 HIGH STREET S.E. Telephone (503) 588-6177
SALEM, OREGON 97301-3667 FAX (503) 588-6094
E-Mail mwvcog @ open.org
CHAIR:
MAYOR CHARLES COX
CITY OF NEWBERG
VICE CHAIR:
MAYOR STEVE LITTRELL
CITY OFTURNER
EXECUTIVE DIRECTOR:
DAVID A. GALATI
John C. Brown
City Administrator
City of Woodbum
270 Montgomery Street
Woodburn, OR 97071
August2,2000
Dear Mr. Brown:
This is in reference to formal participation by the City of Woodbum in the Mid-
Willamette Valley Community Development Partnership. The City is entitled to send an
elected official representative (either the Mayor or a City Councilor) to participate on this
three county regional development board, which is made up of both local government
elected officials and private sector representatives.
The Partnership is the successor to the Mid-Willamette Valley Economic Development
District and is responsible for allocating lottery funds to development projects in the
Marion, Polk and Yamhill County area (approximately $1.8 million in the current
biennium) and for establishing regional priorities for other state and federal development
programs. This new board was formed in the past year in response to a new program
initiative from the 1999 session of the Oregon Legislature.
Although the Council of Governments provides staff support and serves as the fiscal
agent for this regional board, the City is not required to be a member of the COG to
participate. It is my recollection that the City stopped participating in the economic
development district at the same time that it dropped its membership in the COG a couple
of years ago and this may be why you are not currently participating in the Partnership.
I am enclosing a list of current board members, an organization chart, a copy of the by-
laws and a schedule of upcoming committee meetings for your information. If you have
other questions or wish for me to provide a briefing, please call me.
Sincerely,
Ray Teasley
Community Development Director
MEMBER GOVERNMENTS;--COUNTIES: Marion, Polk, Yamhill. CITIES: Amity, Aumsville, Aurora, Carlton, Dallas, Dayton, Detroit, Donald, Dundee, Falls City,
Gervais, Hubbard, Idanha, Independence, Jefferson, Keizer, Lafayette, McMinnville, Monmouth, Mt. Angel, Newberg, Salem, Scotts Mills, Sheridan, Silverton, St.
Paul, Stayton, Sublimity, Turner, Willamina, Yamhill. SPECIAL DISTRICTS: Chehalem Park & Recreation District, Chemeketa Community College, Madon County
Fire District #1, Salem Area Transit District, Salem/Keizer School District 24J, Willamette Education Service District, Yamhill Education Service District, Yamhill
Soil & Water Conservation District. INDIAN TRIBE: Confederated Tribes of the Grande Ronde Community.
Councilor Lois Riopelle
Mr. Butch LaBonte
City of Silverton
The Confederated Tribes of the
Grand Ronde
873-3000 (Work)
873-7671 (Home)
1-503-879-5211
PRIVATE SECTOR_
REPRESENTATIVES
Mr. Dallas Scofield
Mr. Jeff Anderson
Mr. Robert Bill
Mr. Don Davidson
Mr. George Crispin
Mr. Eddie Wilson
Pending New Appointment
Mr. Gerald Watson
Ms. Alma Grijalva
Mr. Richard Sadler
Mr. Glenn Welliver
Ms. Jackie Winters
Mr. Stan Christensen
Key Bank of Oregon
Representing Financial Institutions
United Food & Commercial Workers
Representing Labor
Mid Willamette Jobs Council
Representing Unemployed &
Underemployed
Davidson Farm
Representing Agriculture
Rainsweet
Representing Food Processing
Qual-I-Tee Bilt Homes
Representing Construction
Representing Utilities
Representing Professions
Castillo-Grijalva Agency (Allstate Ins.)
Representing Spanish Speaking Persons
Representing Small Business
Welliver Metal Products Co.
Representing Manufacturing
Jackie's Ribs
Representing Minority Entrepreneurs
Yamhill County Soil & Water
Conservation District
Representing Natural Resources
399-2256 (Work)
362-0212 (Work)
390-3334 (Home)
399-2358(Work)
6334851 (Home)
363-4293 (Work)
399-1134(Work)
393-8160
981-9507(Work)
981-3360(Hom~
224-4100(Work)
538-4676(Hom~
362-1568(Work)
371-7339(work)
581-9114(Hom~
472-1491(Work)
9D
MID-WILLAMET~FE VALLEY COMMUNITY DEVELOPMF2~IT
PARTNERSHIP
PARTNERSHIP
· Hosts Annual Forum
· Reviews/approves policies
· Sets goals & priorities
EXECUTIVE COMMITTEE
(Current Officers, the Immediate Past Chair, and a
Representative from each of the standing committees)
· Provide financial oversight
· Review agendas tbr major meetings
· Review/approve contracts & agreements
RURAL STRATEGIES COMMIT-FEE
· Develop & propose policies for the
distribution of rural investment fund
· Oversee the distribution & monitoring of
RIF Grants
· Identify & prioritize rural community
technical assistance needs
· Develop & recommend other rural
developmenl strategics as appropriate
REGIONAL DEVELOPM ~F2XlT &
GROWTH MANAGEMENT
COMMIT~FEE
· Identify regional development issues &
gq'owth management strategies
Prioritize regional planning & growth
management projects for potential funding
· Identify and, when appropriate, prioritize
potential development needs, barriers, &
opportunities in the region
· Develop & propose policies lbr thc
distribution of project funds
Adopted February 15, 2000 91)
Mid-Willamette Valley
Community Development Partnership
Bylaws
Article I
Nallle
This Board, established by Marion, Polk and Yamhill Counties and the Mid-
Willamette Valley Council of Governments and formalized by an intergovernmental
agreement with the State of Oregon entered into on ,2000, shall be
called the Mid-Willamette Valley Community Development Partnership.
Article II
Purpose
The general purpose of this board is to identify regional community development
priorities and facilitate regional, intergovernmental coordination of development
initiatives. In the pursuit of this general purpose, the board may undertake activities
such as the following: develop and approve regional development plans; oversee the
implementation of development grant programs such as those funded by the Oregon
Lottery and the US Economic Development Administration; advocate for regional
development priorities; and provide formal, public forums for communicating regional
concerns and priorities to state and federal agencies.
Article III
Composition of the Board
A. The Partnership shall be comprised of a Board made up of both elected officials and
non-elected appointees.
B. A minimum of 5i% of the members of the Board shall always be elected officials
from general purpose local governments such as cities, counties and tribes.
91)
a representative from the small cities of Marion County (selected by annual caucus
of small city mayors)
City of Dallas
City of Monmouth
a representative from the small cities of Polk County (selected by annual caucus of
small city mayors)
City of McMinnville
City of Newberg
a representative from the small cities of Yamhill County (selected by a caucus of
Yamhill County small city mayors)
Marion County Board of Commissioners
Polk County Board of Commissioners
Yamhill County Board of Commissioners
a representative from the Tribal Council of the Confederated Tribes of Grand
Ronde
E. Non-elected Board members shall be appointed for four year terms that are
renewable by their appointing authorities every four years. The policy areas to be
represented on the Board by appointed members may be changed by a majority
vote of the Board of Directors and approval by a majority vote of the Mid-
Willamette Valley Council of Governments.
F. Elected Board members serve at the pleasure of the local government that selects
them for as long as they hold elected office.
Article IV
Organization of the Board
A. From the membership of the Partnership Board, a Chair and a Vice Chair shall be
elected by a majority vote.
Bo
The Partnership shall be organized into three standing committees: 1) Executive
Committee which is made up of all officers of the Board, the immediate past chair
or the most recent past chair still serving on the Board, and the Chair of each of
the other two standing committees; 2) the Rural Strategies Committee composed of
14 members to be appointed by the Chair; and 3) the Regional Development and
Growth Management Committee composed of 14 members to be appointed by the
Chair. Rural Strategies and Regional Development Committee terms shall be for
up to two years with no more than half expiring in the same year.
In making committee assignments, the Chair shall strive for equitable balance
among various interests on the Board such as different geographic areas, different
political subdivisions and economic interests. Prior to making committee
assignments, the Chair shall poll all members of the Partnership and ask for each
91)
Bo
Co
All meetings shall be conducted according to the procedures described in Robert's
Rules of Order Newly Revised and held in compliance with the Oregon Open
Meetings Law (ORS 192.610 to 192.690).
A quorum for the Partnership shall consist of 12 of the voting membership with a
minimum of at least six elected officials. A quorum for the Rural Strategies and
Regional Development Committees shall consist of 50% of the presently filled
voting membership provided that at least one elected official from each county is
present. A quorum must be present before a decision or recommendation can be
finalized or a vote conducted. Decisions and recommendations of the Partnership
and its committees shall be made by a simple majority vote of the members
present.
Article VI
Fiscal Administration and Staff Support
A. The Mid-Willamette Valley Council of Governments shall serve as the fiscal agent
and provide staff support to the Partnership.
B. All funds received or disbursed on behalf of the Partnership shall be included in the
budget of the Mid-Willamette Valley Council of Governments in conformance
with Oregon local government budgeting standards and regulations and any funds
received or disbursed on behalf of the Partnership shall be included in the annual
audit of the Mid-Willamette Valley Council of Governments.
Article VII
Amendments to the Bylaws
The Bylaws may be amended by 1) a vote of a two thirds majority of the voting
membership at any meeting of the Partnership after provision of written notice of
the proposed amendment to each member at least five days in advance of the
meeting and 2) ratification by a majority of the Board of Directors of the Mid-
Willamette Valley Council of Governments at a regular meeting of the Council.
Bo
In the event that a proposed bylaw amendment po es a conflict with agreements
between the Partnership and the State of Oregon, such amendment shall also be
reviewed and approved by the State of Oregon prior to its execution.
91)
PLEASE SAVE THESE DATES
The schedule for the
Regional Development & Growth Management Committee
is as follows:
Tuesday, September 12, 2000
4:00 p.m.
Topic: Natural Resources/Land Use
Management
Tuesday, September 26, 2000
4:00 p.m.
Topic: Follow up meeting for
Natural Resources/Land Use
Management (if needed)
Thursday, October 19, 2000
(Tentative)
4:00 p.m.
Topic: Information and
Telecommunications Technology
Thursday, November 16, 2000
(Tentative)
4:00 p.m.
Topic: Regional Transportation
Strategies
The schedule for the
Rural Investment Committee
is as follows:
Wednesday, August 16, 2000
3:00 p.m.
Topic: complete Rural Investment Fund awards
A second meeting will be held in the first half of September - Committee
members are being polled as to date and time.
Locations will be announced in the agenda packets that will be sent about a week
before each meeting. Thank you.
9B
August 14, 2000
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council~,~
John C. Brown, City Administrator
Salem-Area Mayors Request - Issues of Regional Significance
Recommendation:
It is recommended the City Council identify a list of what it considers to be
issues of regional significance, for a possible pre-election panel discussion with
candidates for the Oregon Legislature.
Background and Discussion:
Mayor Jennings recently attended a Salem-Area mayors meeting, during
which upcoming elections for the State Legislature were discussed. The mayors
are considering conducting a pre-election panel discussion with candidates for
legislature, and are interested in compiling a list of issues of regional significance
that deserve the attention of the legislature in the upcoming session. The
mayors asked the executive director of the COG to assist them in obtaining a list
of issues from each community.
Attached is the COG Director's request of your Council. You are
requested to identify up to six issues of regional importance, which will be
returned to him by August 25, 2000 and reviewed by the mayors at their next
meeting on September 7, 2000.
JCB
Y
Mid-Willamette Valley
Council of Governments
105 HIGH STREET S.E. Telephone (503) 588-6177
FAX (503) 588-6094
SALEM, OREGON 97301-3667 E-Mail mwvcog@open.org
CHAIR:
MAYOR CHARLES COX
CITY OF NEWBERG
VICE CHAIR:
MAYOR STEVE LITTRELL
CITY OF TURNER
E~(ECUTIVE DIRECTOR:
DAVID A. GALATI
Memorandum
From:
All mayors in Marion, Polk, and Yamhill. counties
David A. Galati, Executive Director '~ '~ ¢~'
Date:
Subject:
July 14, 2000
Identification of regionally significant issues for possible
pre-election reception and panel discussion with candidates
for Oregon Legislature
Action Requested:
Mayors in Marion, Polk, and Yamhill counties are asked to confer with their respective
city councils regarding any regionally significant issues deserving particular attention
within the Oregon Legislature during the next cycle. Responses should be prepared on
the form attached to this memorandum and submitted to Dave Galati at Mid-Willamette
Valley Council of Governments.
Backqround:
At a recent informal gathering of Salem-area mayors, there was substantive discussion
about the possibility of hosting a combined reception and panel discussion with
candidates for the Oregon Legislature sometime this Fall prior to the November
election.
The mayors agreed that such an event would be an appropriate and effective way of
sending a message to the Legislature regarding important regional issues from the
perspective of local elected officials throughout Marion, Polk, and Yamhill counties. The
decision to host such an event must, however, be predicated on a true regional
consensus regarding specific issues and the message to be crafted for the Legislature
pertaining to those issues. Under these circumstances, such a message could be
presented at the reception, and each candidate could be asked to respond to questions
from local elected officials regarding such regionally significant issues.
MEMBER GOVERNMENTS--COUNTIES: Marion, Polk, Yamhill. CITIES: Amity, Aumsville, Aurora, Cadton, Dallas, Dayton, Detroit, Donald, Dundee, Falls City,
Gervais, Hubbard, Idanha, Independence, Jefferson, Keizer, Lafayette, McMinnville, Monmouth, Mt. Angel, Newberg, Salem, Scoffs Mills, Sheridan, Silverton, St.
Paul, Stayton, Sublimity, Turner, Willamina, Yamhill. SPECIAL DISTRICTS: Chehalem Park & Recreation District, Chemeketa Community College, Marion County
Fire District #1, Salem Area Transit District, Salem/Keizer School Distdct 24J, Willamette Education Service District, Yamhill Education Service District, Yamhill
Soil & Water Conservation District. INDIAN TRIBE: Confederated Tribes of the Grande Ronde Community.
Re nificant Issues
Response forms should be FAXed by August 25, 2000, to Da~e Galati at
(503) 588-6094 or by e-mail at dglalati@open.or;I. Forms may also be
mailed to his attention at 105 High St SE, Salem 97301.
14A
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982.524u
Date:
To:
August 14, 2000
Mayor and City Council thru City Administrator'~''
From:
Planning Commission
Subject: Site Plan Review 00-07; Washington Elementary School
At their meeting of July 27, 2000, the Planning Commission approved a site plan review
application to allow Washington Elementary School to expand their parking lot on the west
side of the site to provide 35 new parking spaces.
Applicant:
Bill Key
Woodburn School District
965 N. Boones Ferry Road
Woodburn, OR 97071
Property Owner:
Woodburn School District
965 N. Boones Ferry Road
Woodburn, OR 97071
NATURE OF APPLICATION: The applicant is requesting preliminary site plan approval
for a parking lot expansion at Washington Elementary. The intent is to provide 35
additional off-street parking spaces for school staffto alleviate the on-street parking on the
adjacent street (Lincoln). The addition is to be connected to an existing parking lot, and
it is proposed to tap into existing on-site drainage facilities. As part of this proposal, the
existing lot is to be resurfaced and restriped.
RELEVANT FACTS: The property is located on the north side of E. Lincoln Street in
between Catch Street and Park Avenue. The site is addressed at 777 E. Lincoln, further
described on Marion County Tax Assessor Maps as Township 5 South, Range I West,
Section 18AA, Tax Lots 100 & 200. It is zoned PE (Public Education) District and is
designated on the Comprehensive Plan Map as Public Use.
There is an existing parking lot on the southwest portion of the property which is proposed
to consist of 33 parking spaces after being resurfaced. The proposed addition would be
attached to the northern edge of this parking area and would utilize its existing drainage
facilities for storm runoff.
14B
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-524u
Date:
To:
August 14, 2000
Mayor and City Council thru City Administrator,~"
From:
Planning Commission
Subject: Site Plan Review 00-11, Conditional Use 00-02
At their meeting of August 10, 2000, the Planning Commission adopted a final order
approving a proposal to construct building additions to an existing industrial facility located
at 2550 Progress Way.
Applicant:
Walter F. Nielsen
Willamette Industries
2550 Progress Way
Woodburn, OR 97071
Property Owner:
Willamette Industries
2550 Progress Way
Woodburn, OR 97071
NATURE OF APPLICATION: The applicant is requesting Conditional Use and Site Plan
Review approval for three structural additions onto the Willamette Industries facility
located on Progress Way. Two of the additions are to be utilized for wrapping and storage
of finished lumber products, and one is to be used to steam-clean equipment. This
proposal is in response to growth in the industry.
RELEVANT FACTS: The property is located in the Woodburn Industrial Park Addition on
the east side of Progress Way, between Hwy 214 and Industrial Avenue. It is addressed
at 2550 Progress Way, further described on Marion County Assessor Maps as Township
5 South, Range 1 West, Section SA, Tax Lot 3300. The subject property is 11.13 acres
in size. The designated zoning is Industrial Park (IP) District and is indicated on the
Comprehensive Plan Map as Industrial. The property has been developed as an industrial
facility and has been paved and landscaped through previous site plan approvals. The
proposed additions are to take place on existing paved surfaces and would not impede
traffic circulation or take up any existing parking spaces.
14C
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5240
Date:
To:
August 14, 2000
Mayor and City Council thru City Administrator
From:
Planning Commission
Subject: Site Plan Review 00-16; Tukwila Tennis Courts
At their meeting of July 27, 2000, the Planning Commission concurred with the Planning
Director's decision to approve construction of two tennis courts for the Tukwila PUD to be
located adjacent to the OGA clubhouse facility.
APPLICANT &
PROPERTY OWNER:
Tukwila Partners
955 Tukwila Drive
Woodburn, OR 97071
NATURE OF APPLICATION: The applicant requests administrative site plan approval to
construct two (2) tennis pads (13,920 sf on the northwest portion of Lot #8 Parcel 1 of the
Tukwila PUD.
RELEVANT FACTS: "The Tukwila Partners intend to build two (2) tennis pads (13,920 sf)
on the NW portion of Lot #8, Parcel I of the Tukwila PUD. These tennis pads will have
a 20' strip of lawn on the West side of the courts. A 10' chain link fence will enclose the
tennis courts with an entrance gate on the North side and South side to provide entry into
the tennis courts. These tennis courts will be for all Tukwila homeowners and become the
property of the Tukwila Homeowners Association at some later date.
The tennis pads will be California Red with Light Green border and white stripping. There
will not be any lighting because the courts will not be used after dark."
14D
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodbum, Oregon 97071
(503) 982-5246
Date:
To:
August 14, 2000
.~'~
Mayor and City Council thru City Administrator
From:
Planning Commission
Subject: Site Plan Review 00-19; Valor Middle School Modular Classroom
At their meeting of August 10, 2000, the Planning Commission concurred with the Planning
Director's decision to approve installation of a modular classroom at Valor Middle School.
Applicant:
Bill Key
Woodburn School District
965 N. Boones Ferry Road
Woodburn, OR 97071
Property Owner:
Woodburn School District
965 N. Boones Ferry Road
Woodburn, OR 97071
NATURE OF APPLICATION: The applicant is proposing to locate an additional classroom
modular at Valor Middle School. It is to be located to the west of an existing modular and
is to be identical in design. The proposed modular is necessary to accommodate growth
in student population within the Woodburn School District.
RELEVANT FACTS: The property is located on the south side of Parr Road and east of
Centennial Park at 450 Parr Road, further described on Marion County Tax Assessor
Maps as Township 5 South, Range 2 West, Section 13, Tax Lot 500. The modular is to
be located to the southwest of the main building and adjacent to an existing parking lot.
14E
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Date: August 14, 2000
To: Mayor and City Council thru City Administrator
From:
Planning Commission
Subject: Site Plan Review 00-20; Woodbum Family Clinic Parking Expansion
At their meeting of August 10, 2000, the Planning Commission concurred with the Planning
Director's decision to approve an expansion of the Woodburn Family Clinic parking lot
located at 1390 Meridian Drive.
Applicant:
Peterson Kolberg & Associates
6969 SW Hampton Street
Portland, Oregon 97223
Property Owner:
Woodburn School District
965 N. Boones Ferry Road
Woodburn, OR 97071
NATURE OF APPLICATION: The applicant is requesting site plan approval to expand
the rear parking lot located next to the Woodburn Family Clinic. The proposal is for 45
additional off-street parking spaces. The addition is to be connected to the existing
parking lot and is to extend to the south toward Hwy 214. The parking area is proposed
to tap into the existing drainage facility. Interior and perimeter landscaping will be
provided, along with an ornamental fence along Hwy 214.
RELEVANT FACTS: The subject property is located on the north side of Hwy 214
between the Woodburn High School and N. Boones Ferry Road. The site is part of the
Woodburn High School property addressed at 1785 N. Front Street, further described on
Marion County Tax Assessor Maps as Township 5 South, Range 1 West, Section 07A, Tax
Lot 600. The site is zoned PE (Public Education) District and is designated on the
Comprehensive Plan Map as Public Use.
The parking lot is to be utilized by the Woodburn Family Clinic located at 1390 Meridian
Drive, the adjacent property to the west. The property owner of the clinic currently has a
lease agreement with the School District to use the subject land area as a parking lot.
Furthermore, the existing parking area to the north was expanded onto the School's
property through previous Site Plan Review 95-15 and under the same type of lease
agreement.
14F
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-524;;
Date:
To:
August 14, 2000
Mayor and City Council thru City Administrator~'?'~
From:
Planning Commission
Subject: Partition 00-04
At their meeting of July 27, 2000, the Planning Commission concurred with the Planning
Director's decision to approve a partition to subdivide one lot into two lots at 1035 E.
Lincoln Street.
Applicant:
Mark Nyman
12403 Fry Road N.E.
Aurora, OR 97002
Owner:
Mark & Monica Nyman
12403 Fry Road N.E.
Aurora, OR 97002
NATURE OF THE APPLICATION: The applicant is proposing to partition a parcel
approximately 42,000 square feet in size into two parcels. Proposed Parcel I would be
approximately 31,850 square feet, and Parcel 2 would be approximately 10,100 square
feet. Proposed Parcel 2 is the property on which an existing single-family home is located.
The remainder of the site is currently vacant with plans for multi-family development. Both
parcels would utilize a shared access onto Lincoln Street. Proposed Parcel I would be
a flag lot, and the access would be placed along the stem of this lot.
RELEVANT FACTS: The property is located at 1035 E. Lincoln Street, further described
on Marion County Assessor Maps as Township 5 South, Range I West, Section 8CC, Tax
Lot 6100. It is zoned Multi-Family Residential (RM) and is identified on the
Comprehensive Plan Map as High Density Residential (greater than 12 units per acre).
The existing single-family home to be partitioned off is a use permitted outright in the RM
District.
The topography consists of a slight roll from south to north. The elevation varies by
approximately 8 feet with the center of the property being the lowest point. The terrain
rises slightly to the north and south from the center of the site. There is intermittent natural
drainage across the center of the site which flows from east to west.
14G
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodbum, Oregon 97071
(503) 502.524~
Date: August 14, 2000
To: Mayor and City Council thru City Administrator
From:
Planning Commission
Subject: Lot Line Adjustment 00-02
At their meeting of July 27, 2000, the Planning Commission concurred with the Planning
Director's decision to approve a lot line adjustment between two lots located at 610 Glatt
Circle.
Applicant:
Robert L. Engle
610 Glatt Circle
Woodburn, OR 97071
Property Owners:
Webstar III, LLC
610 Glatt Circle
Woodburn, OR 97071
B Four T, Inc.
16869 65~ Ave # 222
Lake Oswego, OR 97035
NATURE OF THE APPLICATION: The applicant is requesting administrative approval
for a property line adjustment in the Northwood Plaza Addition. The subject parcel is
located on the Northwest corner of Glatt Circle and is 1 acre in size. The proposed
adjustment would extend the parcel to the west and increase its size to 1.48 acres.
RELEVANT FACTS: The subject site is located at 610 Glatt Circle, further described as
Township 5 South, Range 1 West, Section 7AC, Tax Lots 3400 and 2500. The existing
parcel is zoned Commercial Office (CO) and has a Comprehensive Plan designation of
Commercial. The portion of land to be added onto the subject parcel is zoned Commercial
Retail (CR) and has the same Comprehensive Plan designation.
14H
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodbum, Oregon 97071
(503) 982-524,,
Date:
To:
August 14, 2000
Mayor and City Council thru City Administrator~'7
From:
Planning Commission
Subject: Subdivision 00-01; Montebello Phase 2
At their meeting of July 27, 2000, the Planning Commission approved the preliminary plat
for Phase 2 of Montebello subdivision, but denied the applicant's request to modify
conditions #9 and #12 of Subdivision 98-03 (Montebello Phase 1) to allow a cedar fence
in lieu of the required block wall along the easterly boundary of the subdivision. The
preliminary subdivision includes several street right of ways that will be dedicated to the
City when the final plat is recorded.
APPLICANT:
George Wilhelm
Wilhelm Engineering, Inc.
PO Box 561
Woodburn, OR 97071
PROPERTY OWNER:
Capitol Development Company
711 Sleator Kinney Road SE
Lacey, WA 98503-1068
NATURE OF APPLICATION: The applicant requests approval to subdivide 14.88 acres
into 72 lots in the RS (Single Family Residential) District. This subdivision is proposed as
Phase 2 of Montebello subdivision. In addition, the applicant requests a modification to
the conditions of approval for Phase 1 of Montebello subdivision (Subdivision 98-03).
Specifically, the applicant proposes to modify condition numbers 9 and 12 to allow a cedar
fence to be constructed along the easterly property line of Phase 1 in lieu of the required
brick or cinder block wall.
RELEVANT FACTS: The applicant proposes to subdivide 14.88 acres into 72 lots ranging
in size from 6,000 square feet to 11,512 square feet. The applicant also requests a
modification of conditions 9 and 12 of Phase I approval to construct a cedar fence in lieu
of the required brick or cinder block wall. The applicant proposes to construct a four foot
high cedar "good neighbor" fence with two feet of lattice work on top.
14H
The site is generally located on the south side of West Hayes Street, north of the existing
city limits, and west of Senior Estates. The site consists of the southeasterly corner of Tax
Lot 200 as shown on Marion County Tax Assessor's Map T5S R1W Section 13. The
property is zoned RS (Single Family Residential District) and has a comprehensive plan
designation of "Residential <12 units per acre".
Abutting property to the north is zoned RS and is proposed to be developed with 74 lots
as Phase 1 of the Montebello subdivision. The tentative subdivision for Phase I was
approved in 1998 and the City has recently approved the final plat. However, evidence
of the final plat being recorded with Marion County has not yet been received by the City.
Property to the south is located outside of the City but within the Urban Growth Boundary
(UGB) and is zoned UTF (Urban Transition Farm) by Marion County. Property to the west
is zoned RS and is part of the same tax lot as the subject property. This property is
undeveloped. Property to the east consists of a 50 foot right of way for the former
Evergreen Road which is now planned to function only as a pedestrian/bike access way.
This right of way separates the subject site from Senior Estates which is zoned RI S
(Special Residential District). This right of way formerly was 100 feet wide, but recently
was reduced to 50 feet by the City Council, with 30 feet going to the adjacent properties
in Senior Estates and 20 feet going to the Montebello subdivision.
Page 2
15A
August 14, 2000
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
John C. Brown, City Administrator-<~
Analysis of Measure 93
Measure 93 (the Taxpayer Protection Initiative proposed Dy Bill Sizemore)
will be placed before the voters this November, and would require a
supermajority vote on the majority of increases in taxes, fees, and charges
enacted by the state and local governments.
Attached for your information is matedal provided by the League of
Oregon Cities on the initiative, which was identified as Initiative 47 until it's
certification in mid-July, 2000. League material also references other $izemore
initiatives, which were subsequently also cedified as ballot measures.
Measure 93 appears to have the greatest immediate impact on the City
of Woodburn, so our initial focus is on providing you and the public information
on it's potential effects. We will also provide, between now and November,
analyses to the extent possible, of the effect of others Sizemore initiatives on City
finances.
Material related to the impact of Measure 93 on Woodburn's finances
was being developed at the time of preparation for your August 14, 2000
agenda. That material will be distributed on the 14th for discussion during the
Administrator's Report. In the meanwhile, if you have any questions about
Measure 93 or other Sizemore initiatives, please give me a call.
JCB
l'E:30PM LEAGUE OF OR CITIES
P.3/4
15A
July 17, 2000
TO:
FROM:
RE:
MaYors and City Managers/Administrators
Lynn McNamara
Certification of Initiatives as. Ballot Measures
Two initiatives which the League has been monitoring have been certified by the
Secretory of State's office as ballot measures for the November 2000 election.
Initiative 10 (full deductibility of federal income tax) has been certified as
Measure 91., while Initiative_ 47 (vote_on taxes and fees) has been certified as
Measure 93. At this writing, the other initiatives on which the LOC Board took a
position, Initiatives 46 (takings), 71 (administrative roles), and 88 (state spending
limitation) have not been certified for the ballot.
Please note that the certification of the initiatives as ballot measures triggers
limitations on the activities of public employees (including League staff) with
regard to the measures. The limitatio, ns do not apply to elected public officials.
An excerpt from the secretary of state s publication on the limitations is enclosed
for your information; the complete publication can be obtained by contacting the
League_
LOC will cominue to gather and provide to members factual information about
the measures. We continue to work to get answers to the many questions that
remain on the interpretation of Initiative 47/Measure 93.
Enclosure
Working together for livable Oregon communities
JUL 17 '00 12:~9PM UERGUE OF OR CITIES P.~/4
15A
LOC I OCCMA
Legislative Fax Tree 1 2000
Fimt Contacts
Rod Leland, Astoria
Duane Cole, Newberg
Rob Drake, Beaverton
Tim Erwert, Hillsboro
Marge Kafoury, Portland
Judith Ure. Gresham
Dan Bartlett, Milwaukie
Scott Burgess, West Linn
Mark Adcock, Canby
John Brown, Woodbum
Wally Mull, Keizer
Roger Jordan, Dallas
Steve Bryant, Albany
Mike Kelly, Springfield
Richard Meyers, Cottage Grove
Randy Wetmore, Roseburg
David Hagood, Gold Beach
Bill Peterson, Grants Pass
Michael Dyal, Medford
Joe Hannah, Redmond
Ken Bremner, John Day
Larry Lehman, Pendleton
Rob Corbett (Interim), Burns
David Hawker, Lincoln City
Fax Number
(503) 325-2017
(503) 537-5013
(503) 526-2571
(503) 681-6232
(503) 823-3014
(503) 665-4553
(503) 652-4433
(503) 650-9041
(503) 266-7961
(503) 982-5244
(503) 393-9437
(503) 623-2339
(541) 917-7511
(541) 726-2363
(541) 942-1267
(541) 673-2856
(541) 247-2212
(541) 479-0812
(541) 174-2522
(541) 548-0706
(541) 575-1721
(541) 966-0231
(541) 573-5622
(541) 994-7232
'M:V. OCV. J$'I"~h~ t,"~eU=hontreefax-wpd
5.12-00
i2:zgPM LEAGUE oF OR CITIES
P. 1/4
July 17, 2000
LEAGUE OF OREGON CITIES
TELEPHONE/FAX TREE ACTION ALERT!
' FIRST CONTACTS: (see attached)
Attn: Mayors, City Managers, Recorders &
Administrators:
Please make sure that the attached memo is delivered to the appropriate
person in your office and is fortvarded to your fax tree contacts as soon as
possible. Thank you.
THANKS FOR YOUR ATTENTION.
Working together for livable Oregon communities
June 28, 2000
15A
TO:
FROM:
RE:
Mayors and City Managers/Administrators
Lynn McNamara, LOC Staff
ACTION CALL:
Communicating with your citizens about initiatives
The League's Board of Directors has taken a position in opposition to
three presently-circulating initiatives that board members believe will
have a significant, negative effect on local governments and services in
Oregon. At this writing, none of the three have been certified by the
Secretary of State; however, att are expected to be on the ballot in
November.
The information in this packet is intended to further inform you about
these initiatives and to prepare you to take action in your own
community.
We urge you to do the following:
· Review and understand the initiatives;
· Research the impacts of the initiatives on your city;
· Communicate those impacts to your citizens, and
· Involve partners -- civic and business leaders, school officials,
county officials, and legislators -- in your efforts.
The initiatives in question are:
Initiative 47, the so-cai[ed 'Taxpayer Protection Initiative",
which would require a supermajority vote on most new or
increased taxes, fees or charges, and which would apply
retroactively to December 1998.
Initiative 10, which would make federal taxes fully deductible
on both personal and corporate Oregon income tax returns,
retroactive to January 1, 2000, resulting in an estimated 20%
reduction in the state's general fund budget in the future, and
immediate cuts this fiscal year.
Working together for livable Oregon communities
2
Initiative 88, which would tie state spending to previous levels of personal
income in the state; the Le§istative Fiscal Office estimates that if the
initiative's requirements were applied to the current biennium, spending
would be reduced by $4.75 billion, or 16.6%.
The text of each of the initiatives is enclosed for your review, as is a sample resolution
for adoption by your Council, and a sample press re[ease for use with your local media.
To make it easier [or you to personalize these materials [or your city, the resolution and
press release can be obtained in electronic [arm by calling the League all[ce.
A broad-based group, the Committee for Our Oregon, has been established to oppose the
three initiatives on a statewide basis. However, the information that citizens receive in
their hometowns will be most important as they consider a decision on these
initiatives, should they make the ballot. Each al these initiatives is attractive on its
[ace; it is up to local al[lc[als to urge citizens to make a decision about the initiatives
that is more than skin-deep, and that looks at ail of the effects that the initiatives wilt
have.
Of the three, Initiative 47 would have the most direct effect on cities and other local
governments. Initiatives 10 and 88 would have significant impacts on the state budget,
and thus on everything on which the state spends money, including local government. If
these initiatives were to be enacted, it is reasonable to think that the state would want
to "share the pain" with cities by reducing or eliminating the shared cigarette, liquor,
highway, and emergency service revenues that cities receive from the state. State-
funded public works loan programs and additional infrastructure bonding could also be
reduced or eliminated.
/~ore information about the initiatives is provided on the enclosed action sheets.
Please assist the League by informing us about:
· Action your city officials take on the initiative(s).
· Partners your city has developed in working on the initiative(s).
· /~edia coverage your city receives about its actions.
An important note: once an initiative is certi[ied as o ballot measure, a city may not use
public money to support or oppose a measure. However, elected al[lc[als are [ree to
speak on any measure. The deadline for filing of signatures on initiatives is July 7;
thereafter, any initiative with sufficient signatures may be certified as a ballot measure.
We wilt keep you informed as these initiatives move through the process.
As always, we appreciate your el[arts. Please cat[ us with any additional requests for
information.
INFORNiATION AND ACTION SHEET
Initiative 47 (Votes on Fees and Char_ees)
1SA
Ntany LOC members have become aware of the potentiatty devastating impacts of
Initiative 47, the so-catted '"l'axpayer Protection Initiative". This Constitutionat
amendment, proposed by Bit[ $izemore, woutd require a pub[[c, supermajority vote
on the vast majority of increases in taxes, fees and charges enacted by the state or
local governments. The amendment woutd appty retroactively, to December 1998.
The most recent resutts of LOC's survey on the impacts of the initiative show that
cities coutd potentiatty be [iabte to refund some $73 mit[ion in revenues if
Initiative 47 were to become part of Oregon's Constitution.
A summary of the survey resutts, and a flow chart to hetp your CitY assess the
potentiat impacts on its finances, are attached.
In addition to the retroactive impacts and the costs of ho[ding erections on even the
sma[test fees, it is reasonabte to think that there wit[ be significant costs invotved in
tawsuits to resotve the ambiguities in the initiative's [anguage, and [awsuits based on
chat[enges to city actions as a resutt of the initiative. LOC wit[ be seeking an opinion
from the Attorney Genera[ on some of the ambiguities. Attorneys and advocates for
the League and our partner [ocat governments, ptus a representative from the
Attorney Generat's office, spent nearty three hours on June 9 trying to understand
the impact of some of the initiative's provisions.
Although much is unclear about the initiative, the conctusion of one participant did
not require a crystat bat[: "1 see a tot of work for tawyers".
Here are actions your city can take on Initiative 47:
· If your city has increased taxes, fees or charges since December 1998, evaluate
the impact at the ln~tiat~ve'5 retroactive provfsfon:
o How much woutd the city have to refund to taxpayers?
[] Where woutd the money come from?
How easy wit[ it be to track down the "taxpayers" in question? For
example, refunding a property tax increase woutd be easier and tess
costly than refunding an increase in a transient [odging tax or parking
meter fee.
If the city did not have this revenue, what woutd the effect be on city
services?
· Determine the impact that [uture elections on taxes, fees or charges would
have on the city:
What kinds of fees might be voted upon that are presently changed by
council action?
How much would it cost to put these measures on the ballot?
What would be the impact of waiting until a general election to vote on
these fees?
· Have the city council consider passing a resolution that would express the
impact on the city and take a position on the initiative.
· Inform the local media of the impact on the city.
· Enlist partners in expressing the city's position on the initiative. Likely
partners are:
[] Officials of other local governments (schools, counties, special districts)
that are affected by the initiative,
Civic and neighborhood association leaders who understand the impact
of the initiative on city services, and
Business leaders whose ability to work with the city would be affected,
or which would be affected by delays in providing services or a loss of
services.
TAXPAYER PROTECTION INITIATIVE
15A
· Be it enacted by the People of the State of Oregon:
'The Constitution of the State of Oregon is amended by creating a new, Section 32a in Article I, which section shall read:
Section 32a. People's right to approve all taxes. The purpose of this 2000 Amendment is to ensure that new taxes and tax
increases, which 'further deprive citizens of income and property, are hereafter directly approved'by the people. Therefore,
except as provided in Section 6 of Article IX, any new tax, fee, or charge, or increase in an existing tax, fee, or charge, shall
require approval by the people, as follows:
(1)(a) No new tax, fee, or charge shall be imposed, assessed or levied, and no existing tax, fee, or charge shall be increased by
the state or any local government or taxing district, unless the new tax, fee, or charge, or increase thereof is first approved in an
election held on the first Tuesday after the fa'st Monday of November of an even numbered year, or any other election held on a
date which the state legislative assembly has designated as an annual election date on which measures may be placed on the
statewide ballot by initiative petition, and the new tax, fee, or charge, or increase thereof, is approved by not less than the
percentage of participating voters who voted "Yes" on th/s 2000 Amendment. For purposes of this section and subject to
subsection (5) of this section, the following shall require only approval by a majority of those voting in the election: (i) a
measure to renew an expiring tax levy, which levy solely funds police, fire, or 911 emergency services, the rate or mount of
which levy is not greater than the rate or amount of the expiring levy; and (ii) a measure to increase the state motor vehicle fuel
tax.
(b) The ballot title and official voters pamphlet explanatory statement for a measure to adopt a new tax, fee, or charge; to
approve a bond measure; or to increase an existing tax, fee, or charge, shall begin with the words: A "Yes" vote on this .
measure is a vote to increase taxes. The question submitted to voters also shall clearly describe the proposed new tax, fee, or
charge, or increase thereof; if the measure is a bond measure,, a projection oft he total cost of the bond, including interest
thereon; and revenue the measure would produce annually.
(c) Nothing in this section shall affect taxes levied for the repayment of bonded indebtedness approved by voters in an election
held prior to Nov. 7, 2000, or the issuance of refunding bonds to pay such bonded indebtedness. This section does not require
voter approval for the issuance of, or the levy of taxes to pay, bonds issued to repay bonds issued prior to the effective date of
this section or issued in conformance with this section.
(2) For purposes of this section, any elimination, limitation, or reduction of a tax exemption, credit, deduction, exclusion, or
cost-of-living indexing shall be considered a tax increase.
(3) The following revenues shall not be considered new or increased taxes, fees, or charges for the purposes of this section:
' ' i Districts or port districts; mass transit fares; college or university tuition and fees; incurred
user fees charged by Peoples Uul ty
charges and assessments for local improvements as defined by Article XI Section 1 lb of this Constitution; increases in charges
for government products and services solely to pass through increased costs of wholesale inputs that are not government
employee labor costs, or otherwise under the charging government's cont'01; fmcs or forfeitures for violation of law; lottery
revenue; fees paid to official business and trade associations by those engaged in that business or occupation; earnings from
interest, investments, donations, or asset sales; and fees or charges for products or services which may be legally obtained from
a reasonably available source other than government, provided that the new or increased fee or charge for the product or service
is not greater than the average private sector charge for the same product or service in the same market.
(4)(a) If in the two years previous to the effective date of this section, an existing tax, fee, or charge was increased more than
three percent (3%), or a new tax, fee, or charge was adopted or first imposed, the increase in the existing tax, fee, or charge, to
the extent it exceeded a three percent increase, and any new tax, fee, or charge, shall be either repealed or submitted to the voters
for approval at the next election, if the new or increased tax, fee or charge was not approved by at least the percentage of voters
required in paragraph (a) of subsection (1) of this section. If a new tax fee or charge was imposed, or an existing tax, fee, or
charge increased in the two years previous to the effective date of this section, and the new tax, fee, or charge or increase in an
existing tax, fee, or charge, was not approved in conformance with this section, and not approved by voters at the next election,
the amount of the new tax, fee, or charge or excessive increase collected shall be refunded to the payer. Taxes to pay voter
approved bonded indebtedness, and taxes, fees, and charges listed in subsection (3) of this section are exempt from the
requirements of this paragraph (a) of this subsection (4).
(b) Provided that the amount of a fee or charge does not exceed the actual cost of providing the product or service, the following
fees and charges may be increased at a rate not greater than the rate of inflation since the effective date of this section, without a
public vote: (i) charges and fees in effect on or before December 6, 1998; (ii) charges and fees first adopted or first effective
after December 6, 1998, if adopted in accordance with th.is section.
(5) Noth/ng in this section shall be construed as nullifying the requirement in Section 11 of Article XI of this Constitution that
elections for property tax measures, which are voted on in an election.held on a date other than the general election, achieve not
less than fifty percent (50%) voter participation to be valid.
(6)(a) This section shall not require a vote of the people when increases in government revenue occur solely due to a change in
federal tax law, increases in income, or other changes in the circumstances of individual taxpayers. Nothing in this section shall
be construed as authori_z~ng an increase in the tax on a property tax in an amount greater than allowed under Article XI of this
Constitution.
Co) If, after the effective date of this section, a government temporarily suspends or voluntarily lowers a tax, fee, or charge; the
tax, fee or charge' may be increased later, without a public vote, to the rate or amount it would have been under this section had
the suspension or reduction not occurred.
(7)(a) Subject to Section la of Article IX, the Legislative Assembly and Governor may override this section and call for a
special election date other than the date(s) set forth in subsection (1) of this section, or may enact by law particular taxes, or
authorize particular local taxes, feeS, or charges without a vote of the People if such t~xes are approved by a three-fourths vote in
each house and signed into law by the Governor. Any tax authorized or enacted by such action shall be designated for a specific.
purpose and shall be in effect no longer than twelve months. Any tax, fee, or charge imposed under this subsection shall be
subject to referendum.
(b) Subject to Section 1 a of Article IX of this Constitution, if a local Emergency is declared by the Governor, the affected city,
county, or local taxing district may override this section for a period not exceeding twelve months, if: (i) the override is
approved by not less than a three-fourths vote of the members of the local governing body, and (ii) the continuation of the tax
for any remainder of the twelve months is approved by voters voting in an election held within ninety (90) days of the date the
emergency is declared, and otherwise adopted in conformance with this section.
(8) The public shall be given reasonable opportunity to comment on the proposed ballot title for any measure to create a new
tax, fee, or charge or increase an existing tax, fee, or charge. The ballot title may be challenged in court, and shall be rejected if
it is biased, inaccurate, not easily understood, or does not comply with paragraph (b) of subsection (1) of this section.
(9) A government that levies taxes, fees, or charges in violation of this Section 32a shall refund the amount of any tax, fee, or
charge collected in violation of this section, plus interest, to taxpayers in the twelve months following the determination of
violation. Interest paid shall be computed as the cost of living change plus six percent per year, compounded for the period from
collection of the tax, fee, or charge to payment of the refunds. If the cost of issuing the refund is more than twenty percent
(20%) of the amount of the refund, a credit may be issued to thc appropriate taxpayers.
(10) Because governments have at times been creative at redefining terms, or otherwise creating new funding mechanisms in
order to circumvent limitations placed upon them by the people, the legislature, in implementing this section, and the courts in
interpreting it, shall apply the strictest scrutiny to any new or renamed governmcm funding mechanism; and shall require in
every reasonable circumstance voter approval as required in this section for new or increased taxes, fees, or charges, regardless
of the creativity used by the government in designing or naming the funding mechanism. Under this section, certificates of
participation and all such funding mechanisms shall be subject to the same limitations and requirements as a bond meas,,_re.
(11) Any Oregon taxpayer affected by a new or increased tax, fee, or charge or bond issue subject to this Section 32a has
standing to challenge it, and/or the election authorizing its imposition, by court action commenced in anY county in which the
taxing entity is located. If the election is held, a tax, fee, or charge is imposed, or a bond is approved, in material violation of
this section or any implementing legislation, the court shall declare the tax, fee, charge or bond void. Such an action shall be
commenced within ninety (90) days after the earlier of (i) the date on which the election approving the tax, fee, charge or bond
is held; or (ii) the date on which the tax, fee, or charge is first imposed or the bond is approved for issue. The court shall award
reasonable attorney fees and costs to the prevailing taxpayer, or if the action is found to be frivolous, to a prevailing government
party.
(i 2) If any phrase, clause, or part of this Amendment is invalidated by a court of competent jurisdiction, the remaining phrases,
clauses, and parts shall remain in full force and effect. If any provision of this Amendment is found to violate or infringe upon a
right of any person or group under the U.S. Constitution, the prevision shall remain in full force and effect for all other persons
or groups for which no infringement has been found.
15A
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15A
Taxpayer Protection Initiative (TPI) -- LOC Survey Results
Beginning in March 2000, LOC prepared background materiats regarding Bit[
Sizemore's Taxpayer Protection Initiative (Initiative 47), as wet[ as a survey to hetp
cities determine the amount and types of revenue imptemented since December 1998
that would potentiatty be subject to refund under the retroactive provisions of the
TPI.
Here are some of the key findings from the survey:
· We have received responses to the survey from 63 cities as of 6/1/00 (26% of
cities)
The mean population of cities responding is 9,978, slightly more than the
statewide mean of 9,224 poputation. The largest city responding has a
population of 85,435; the sma[lest city has 155 residents.
These cities perceive their exposure to the retroactive provisions of the TPI to be
more than $18.9 million. If that number is extrapolated for the remaining cities,
the total retroactive exposure woutd be nearty 573 mi[tion.
· Most of the increases are for water or sewer rates, generat[y to fund needed or
mandated system improvements.
· Some fee increases are ptanned but not yet implemented; others are based on
service consumption that cannot be determined.
One city reports exposure on a tocat option tax approved by 54.7% of voters...
which may not be enoush, depending on the percentage of approval for the
TPI. In that case, the potentiat refund is $6.9 mi[tion (caicutated throush
March of 2001 ).
The survey hightights the many smart fees that woutd be subject to the TPI,
including tiquor,ticense applications, soccer and basebatt fees, returned check
fees, and vehicle impound fees.
The retroactive number is imprecise; it is based on estimates and annuatized
revenue, rather than catcutated amounts for the number of months that the
charges potentia[ty subject to the TPI wit[ have been in effect by November
2000.
Cities' Largest revenue sources apart from the property tax appear to be subject
to the TPI. These include water and sewer use fees, highway funds generated by
the gas tax, franchises, transient Lodging taxes, and system development charges.
The survey raised many questions among city officials about the interpretation' of
the TPI and its application.
· Comments from cities express deep concern for the future:
"AbsoLuteLy devastating to Amity. ALL of our fee increases were based on
current costs or regulatory needs."
· '~/Vith expansion costs being incurred by water and sewer, the fate of the city
would tie with the voters in March." (FLorence)
'~'he TPI would cripple our ability to 'meet state and federal mandates,
exposing the city to Legal problems." (Manzanita)
"If this passes, it wilt mean Loss of services and most LikeLy, staff reductions.
How much more do they expect us to do without?" (North PLains)
'q'he cloud of Initiative 47 is causing problems with completing revenue bond
issues since it is unclear whether it wilt apply. And this is for projects our
,community whoLLy supports and think should happen." (CorvaLLis)
· '~What a nightmare!" (Wasco)
LOC, 6/00
INFORNIATION AND ACTION SHEET
Initiative 88 (State Spendin~ Limitation)
15A
WhiLe the deductibiLity initiative impacts state revenue, Initiative 88, proposed by
Don AAclntire, would timit state spending. It would create a Constitutional Limit on
spending of ail state appropriations -- not just the genera[ fund -- of 15); of the
state's persona[ income in the two preceding catendar years. It woutd first appty in
the 2001-03 biennium. The limit coutd onty be exceeded if the Governor dec[ares an
emergency, or the tegis[ature approves a biennia[ increase by a three-fourths
majority in each chamber. Revenue that exceeded the appropriation [imitations
would be refunded to taxpayers.
Anatysis from the Legislative Fiscat Office (LFO) indicates that if the initiative were
applied in the current biennium, spending woutd be $4.75 bit[ion over the tim[t, or
16.6%. "Spending" in this case includes ail funds, not just the generat fund. The
anatysis indicates that it is difficult to determine which funds would be impacted,
and to what degree.
Cities receive state assistance for infrastructure bonding from tottery funds. If
spending in this area were affected, state assistance to cities for needed projects
would be a Likety area for cuts, as woutd be assistance to cities from the general
fund, and aLL other state services.
Here are actions your dry can take on Initiative 88:
Analyze the revenue or other assistance that your city receives from the state
that could be altec[ed by the initiative. In[orm your citizens about the city
services funded by that revenue.
In[orm your citizens about the potential impacts o[ the measure on state
government. Provide a breakdown of the services on which the state spends
money that coutd be affected.
· Have the city council consider passing a resolution that woutd express the
impact on the city and take a position on the initiative.
· In[orm the local media of the impact on the city.
· Enlist partners in expressing the city's position on the initiative. LikeLy
partners are:
[] Officials of other Local governments (schoots, counties, spec[at districts)
that receive state revenues,
2
Civic and neighborhood association readers who Understand the impact
of the initiative on city services and state-funded services such as
education, and
Business readers who understand the importance of stron~ state and
[ocat services to a ~ood business climate, or who have benefitted from
state assistance for tocat infrastructure needs.
15A
OCT z5 ~ 3 23
PHIL
$ EOfiETAi~¥ 'OF
Be it enacted by the people of the' ~mte of Oregon:
P-~J~t~LI., The Constitution of the State of Oregon is emended bY creating
· new ~ection 1alto be added to and ~ e p~ of .Art~clo IX, cinch seotton to
read:
SECTION Id.iii(a) Appmprlatinns for state government expenditures in each
biennium shall not exceed mt amount which ~ i5 percent of the state's
personal 'income, except a~ provided .in, subseelJott (b} and (c~ of this
For purposes of thb ,section, this ~toto'e personal in~ome b total p~e!
!nco~ for the two calender ye.~.~..~ a~dlng before the beg~ng ,of the biennium,
as computed by the Federal Government.
(b) The limitations of this ~n shall not. apply to appropriations funded
by revenues from the isauance of Ix~nde by the state. Approprbtfona to pay
principal and interest on ali state debt and. eppropriationt f~nded by revenUes:
from all other instruments of debt, am su1~ect to the llmltettmll of this section,
(e! Only after a declaration of emergency by the Governor, the
legislative Assembly, by · three-fourths ma~dty vote in ear~ house of all
members elected tO each house, may enact legislation increasing for a bisnnlum
the appropriation limits estabK~hed by this section,
(d) :The Iimitatlens of thi. :m~=tion shall apply to ctete' government
appropriations commencing With the ~nn!um beginning In 2~)1.
(2} Notwithstanding any other provision of th~ Consfltu~n, revenues,
other than earnings from decimated Inve~ment funds, received by the ~tata In
biennium that are ia excess of the appropriation #mitt estabFmJ~d by this
section, shali be distflbuted to taxpayers who. pakf State hooma Mxee
attributable to tax years ending bi tho biennium, In proportion to the amount
each taxpayer paid. Thb ~ shall not be counted a~ an appm~
for pUrposes of this section,
PARAGRAPH 2. If any portion, clause, or phraee of the now mloiJon ld of
Article iX is for any reason held to be lnvelld or' unconstitutional by a court of'
competent jurisdiction, the remaining portions, clauses, and Phrases of the new
section shell not be effected but shell remain in full force and effect.
INFORMATION AND ACTION SHEET
Initiative 10 (Full Federal Deductibility),,
15A
Initiative 10 is aimed at state government, also with potentially devastating effects.
It would allow persona[ and corporate income tax payers to deduct from their Oregon
returns the full amount of federal income tax paid, retroactive to January 1, 2000.
Another Sizemore initiative, it has received significant media attention both for its
impacts on services and for the allocation of its benefits primarily to businesses and
to higher-income taxpayers.
Presently, payers of personal income tax can deduct a maximum of $3,000, and
corporate payers cannot deduct any federal tax. There is also a legislatively-referred
measure that would increase the amount of deductibitity from $3,000 to $5,000 for
payers of personal tax; it would take effect in the 2001-03 biennium.
Because the initiative is retroactive to January 1, the impact on the state budget
would be immediate. The Legislative Fiscal Office (LFO) report on the initiative says
that for the state to accommodate a $632.3 million net revenue loss between
December 2000 and June 2001, there would have to be a 24.4% reduction in state
spending. In 2001-03, the impact is projected at 20% of the general fund budget, or a
$2.4 billion loss.
A Legislative Revenue Office (LRO) report shows that the $10.12 billion state general
fund budget for 1999-01 is divided 43% for K-12 education; 7% for higher education;
8% for att other education; 22% for human resources; 15% for public safety and the
judicial branch; and 5% for alt other services. These are the services that would be
affected by the initiative; while they are funded by the state, they are, in many
cases, provided close to home.
The state also provides revenue to cities that would likely be affected if the state
had to reduce its own budget.
The LRO report shows that 48% of the tax reduction wilt accrue to payers with returns
showing income in excess of $200,000. The average change is $136 on returns with
income of tess than $100,000; it is $4,413 on returns with income of more than
$100,000. No benefit is derived until the taxpayer reaches about $27,000 in income.
Another effect of the initiative to would be to send more tax from Oregon to the
federal government; if state taxes, which are deducted from income, are reduced,
then the amount of federal income tax generally wit[ increase.
The LRO report is available on the Internet at:
http: //www. leg. state, or. us / corn m / lro/20001ncometaxinitiative, pdf
or by calling the League office.
2
Although businesses would receive tax breaks through the initiative, the board of
Associated Oregon Industries has voted to oppose the initiative because of its tar§e
impact on education.
Here are actions your city can take on Initiative 10:
· Analyze the revenue that your city receives from the state that could be
aFFected by the initiative. InForm your citizens about the city services that
revenue funds.
· InForm your citizens about the potentiat impacts of the measure on state
government. Provide a breakdown of the services on which the state spends
money that coutd be affected.
· Have the city councit consider passing a resolution that woutd express the
impact on the city and take a position on the initiative.
· InForm the local media of the impact on the city.
· £nlist partners in expressin~ the city's position on the initiative. Likely
partners are:
a Officials of other tocat governments (schoots, counties, speciat districts)
that receive state revenues,
[] Civic and neighborhood association readers who understand the impact
of the initiative on city services and state-funded services such as
education, and
[] Business leaders who understand the importance of strong state and
tocat services to a good business climate.
PROHIBITION AGAINST DOUBLE TAXATION
1SA
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OREGON:
Section 1. No Oregon taxpayer shall be required to pay to the state, a local government, or other
taxing district, income taxes on money paid to the federal government as federal income taxes.
All federal income taxes paid against a taxpayer's federal income tax obligation for tax years
beginning on or a~er January 1, 2000, shall be fully deductible against income on the taxpayer's
Oregon income tax return for the year in which the taxes were paid. This section applies only to
federal income taxes on income subject to tax in Oregon.
Section 2. This Act supersedes any Oregon law with which it conflicts.
Section 3. If any phrase, clause, or part of this Act is determined to be invalid by a court of
competent jurisdiction, the remaining phrases, clauses and parts shall remain in full force and
effect.,
' ~UL 17 '00 12:BOPM LEAGUE OF OR CITIES P.4×4
15A
Restrictions on Political Campaigning
by Public Employees
ORS 260.432
· Issued By
, Bill Bradbury
Secretary of State
Provision of Information
A public employee may provide only impartial, factual information related to an
initiative, referendum or recall petition, measure or candidate as a par~ of the employee's
job on work time.
If any public employee makes public presentations or speeches regarding an initiative or
referendum petition, or ballot measure while on their work time, or in an employee's
"official capacity," they must make sure the speech is only factual and neutral in its
presentation. The criteria for written material discussed later in this memorandum applies.
A public employer can tell employees about the possible effects of a measure; such as
possible layoffs; but the public employer must not threaten employees with financial loss
'if they vote one way or another.
A public employee may address election-related issues while on the job, in a factual and
unbiased manner, if such activity is legitimately within the scope of the employee' s
normal duties. For instance, the political process is a subject that might reasonably be
discussed in a high school social studies class. In this context, the focus on a specific
election for illustrative purposes is not inappropriate as long as the employee's
presentation of the material does not support or oppose any particular candidate, petition
or ballot measure.
The complete document can be obtained by e-mail in Word or WordPerfect format
or by US Mait. Contact LOC at (503) 588-6550 or (800) 452-0338.
. The document is atso avaitabte on the Internet at:
http://www, sos, state, or. us / elections/Publications/respubemp, htmt.