Agenda - 08/28/2000 CITY CO(JIYCIL AGEIYDA
AOG(.IST28, 2000- 7:00 P. A4.
270 A4ontgomery Street * * Woodburn,
Oregon
o
CALL TO ORDER AND FLAG SALUTE
ROLL CALL
ANNOUNCEMENTS AND APPOINTMENTS
A. Music in the Park- August 29, 7:00 p.m in Library Park: Los Palmeros
B. Labor Day office closures: City Hall will be closed on Monday September 4,
Woodburn Public Library will be closed Saturday, September 2 and Monday
September 4, 2000.
PRESENTATIONS/PROCLAMATIONS
None
COMMITTEE REPORTS
A. Chamber of Commerce.
B. Woodburn Downtown Association.
COMMUNICATIONS
e
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.
City Council minutes of August 14, 2000 regular and executive meetings 8A
Recommended Action: Approve Minutes.
Draft Recreation and Park Board minutes of August 8, 2000 .......... 8B
Recommended Action: Accept Minutes.
Request for "No Parking" on N. First St. north of Harrison ............ 8C
Recommended Action: Receive informational report (no action required)
Highway 99E speed zone investigation .......................... :. 8D
Recommended Action: Receive informational report (no action required) ,
GENERAL BUSINESS
Council Bill No. 2260 - Resolution calling a special election to submit to
voters the question of contracting a general obligation bonded
Page 1 - City Council Agenda - August 28, 2000.
10.
11.
12.
13.
14.
15.
indebtedness in the amount of $5,000,000 to finance parks and
community facilities ...........................................
Recommended Action: Approve Revised Community Center Project
Program - Option 5; Approve Revised Bond Projects Funding Strategy;
and Approve Resolution authorizing a notice of bond election with ballot
caption calling a special election for general obligation bonded
indebtedness in the amount of $5 million to finance park renovation and
construct community facilities.
9A
Council Bill No. 2261 - Resolution entering into a grant agreement with
the State of Oregon for transit operating assistance funds ............
Recommended Action: Approve and authorize Mayor and City
Recorder to execute agreement.
9B
Council Bill No. 2262 - Resolution entering into a grant agreement with
Salem Area Transit Distzict for transit operating assistance funds ......
Recommended Action: Approve and authorize Mayor and City
Recorder to execute agreement.
9C
Do
Acceptance of dedicated right-of-way on south side of Vanderbeck Lane . 9D
Recommended Action: Accept right-of-way.
Eo
E. Walter Lawson Family Run recap .............................. 9E
Recommended Action: Receive event recap.
Centennial Park update ......................................... 9F
Recommended Action: Receive event report.
Go
City Attorney employment contract ............................... 9G
Recommended Action: Approve and authorize Mayor to execute agreement.
TABLED BUSINESS
PUBLIC HEARINGS - NONE
PUBLIC COMMENT
NEW BUSINESS
PLANNING COMMISSION ACTIONS. These are action of the Planning Commission
that may be called up for City Council review.
Site Plan Review 00-14, Variance 00-05; Woodburn Fertilizer ......... 14A
Expansion; 868 N. Front Street, Woodburn Fertilizer, applicant.
Site Plan Review 00-20, Woodburn Family Clinic Parking Expansion ... 14B
1390 Meridian Drive, Peterson Kolberg & Associated, applicant.
Planned Unit Development 00-01; Modification of LInks at Tukwila .... 14C
W & H Pacific, Inc., applicant.
CITY ADMINISTRATOR'S REPORT
Page 2 - City Council Agenda - August 28, 2000.
16.
17.
18.
MAYOR AND COUNCIL REPORTS
EXECUTIVE SESSION - NONE
ADJOURNMENT
Page 3 - City Council Agenda - August 28, 2000.
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COUNCIL MEETING MINUTES
AUGUST 14, 2000
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, AUGUST 14, 2000.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding.
0012 ROLL CALL.
Mayor Jennings Present
Councilor Bjelland Present
Councilor Chadwick Absent
Councilor Figley Present
Councilor Kilmurray Present
Councilor Pugh Present
Councilor Sifuentez Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Deputy Chief Russell, Acting Community Development Director Mulder, Public
Works Manager Rohman
Mayor Jennings stated that he had received a telephone call from Councilor Chadwick
earlier today to inform him that she was ill and would not be in attendance at this
meeting.
0020
ANNOUNCEMENTS.
A) Music in the Park: The next performance will be held on August 15, 2000, 7:00 p.m.,
in Library Park. Guest performer will be Leonid Nosov who will be providing Folk
Music of the Ukraine.
B) E. Walter Lawson Family Fun Run: This first-year event will take place on
Saturday, August 19, 2000, 8:00 am., at Centennial Park. The public is encouraged to
participate in this event. If Mr. Lawson is well enough to attend this event, the Dial-a-
Ride van will transport him to the park since he is currently wheelchair bound.
0039
CHAMBER OF COMMERCE REPORT.
Christy Olson, representing the Chamber of Commerce Board, made the following
announcements:
1) Business After Hours will be held at the Woodburn Dragstrip on August 24t~, 4:30
p.m.. Hershberger Motors has donated some of his vehicles to be used at the dragstrip, or
you can bring out your own car to do a time trial. In addition, there will be a golf cart
race and the Council is invited to attend, and participate, at event; and
2) The Business Showcase will be held September 21'~ from 1:00 noon to 6:00 pm at the
Woodburn Crossing Shopping Center. The Rotary luncheon will be held at the event site
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between 12:00 noon and 1:00 pm. The event will also include a plant sale from Al's
Fruit & Shrub, cars from the local dealerships, and sales from 35-40 local businesses.
Mayor Jennings stated that he would not be in attendance at the dragstrip event, however,
Councilor Figley would be taking his place.
0090
CONSENT AGENDA.
A) Special Council meeting minutes of July 17, 2000;
B) Council meeting minutes of July 24, 2000;
C) Council Executive Session minutes of July 24, 2000;
D) Planning Commission minutes of July 27, 2000;
E) Human Rights Commission minutes of July 1, 2000;
F) Claims for the month of July 2000;
G) Building Activity Report for July 2000;
H) Police Activity Report for March 2000; and
I) Planning Project Tracking Report for July 2000.
FIGLEY/PUGH... consent agenda be adopted and/or approved as presented. The motion
passed unanimously.
0100
REQUEST FOR SOUND PERMIT - TEEN SWIM AND DANCE.
The Aquatic Center staff requested permission to use sound amplification equipment for
the purpose of holding a Teen Swim and Dance event at the Center on August 18, 2000
from 8:00 pm to 11:00 pm.
Acting Chief Russell recommended that the permit be approved as requested.
FIGLEY/SIFUENTEZ .... approve the sound amplification permit for the Woodburn
Aquatic Center on August 18th from 8:00 pm to 11:00 pm for a Teen Swim and Dance.
The motion passed unanimously.
0118 COUNCIL BILL - RESOLUTION AUTHORIZING LEASE AGREEMENT WITH
UNION PACIFIC RAILROAD FOR FRONT STREET IMPROVEMENTS.
0165
Attorney Shields stated that a Council Bill number would be assigned after this meeting
putting it in sequence order.
The bill was introduced and read 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
the bill duly passed.
BID #20-22: CONTRACT AWARD FOR SIDEWALK CONSTRUCTION ALONG
PARR ROAD.
Bids for the construction of a 10' wide sidewalk/bikelane improvement along Parr Road
from the west boundary of the School property to the west boundary of the Centennial
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Park property were received from the following contractors: D&D Paving Co. dba Axis
Curb Co., $44,417.25; D&D Concrete & Utilities, $46,035.00; KJS Construction Inc,
$54,489.00; and Capital Concrete Construction, $84,705.15. Staff recommended the
acceptance of the low bid which was below the engineer's estimate of $54,944.00.
FIGLEY/PUGH .... award the contract to the lowest responsible bidder D&D Paving
Co., dba: Axis Curb Co., for the Parr Road sidewalk/bikelane improvement in the amount
of $44,417.25. The motion passed unanimously.
MID-WILLAMETTE VALLEY COMMUNITY DEVELOPMENT
PARTNERSHIP.
Administrator Brown stated that the Council of Governments (COG) has inquired as to
whether or not the City would like to participate on this partnership. The main function
to the City at this time is to distribute lottery monies to be used for rural infrastructure
funds. Changes in state legislation now give agencies who are non-COG members an
opportunity to serve on the Partnership Board. The Mid-Willamette Valley COG has
invited Woodburn to participate and authorize either the Mayor or a Councilor to serve on
the Board. Staff suggested that the Council be a participant on the Partnership Board in
order to protect the interests of our City in the funding process for qualified projects.
It was the consensus of the Council that the City participate on this Board since COG is
now only a player in this function rather than taking the lead role as they had been
assigned in the past.
Administrator Brown stated that the Partnership Board will be meeting on Wednesday,
August 16th at 3:00 p.m..
Mayor Jennings requested that Councilor Bjelland attend this next meeting as an interim
appointment and a final appointment will be made at a later date.
SALEM AREA MAYORS: REQUEST TO IDENTIFY ISSUES.
Mayor Jennings stated that the Salem-area Mayors have been meeting informally and,
with the upcoming elections drawing closer, they have asked each Mayor to bring to the
September meeting a list of issues considered to be of regional importance. The intent of
this group is to compile a list of issues that deserve attention of the state legislature in the
2001 session. This list would also be used in a possible pre-election panel discussion
with candidates for the Oregon legislature.
Issues brought up by the Councilors included transportation, local government funding
dependent upon outcome of initiatives at the general election, land use as it relates to the
continuing tension between economic diversification/development and farm preservation,
land use as it relates to jobs/housing balance, look for ways to preserve revenue sources
and to make sure that there are no effective challenges on those in the future.
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0510 SIDEWALK CONSTRUCTION ON WOODLAND NORTH OF HWY. 219.
8A
0810
Administrator Brown stated that the sound wall along the west side of Woodland between
Hwy. 219 and Robin Avenue has been completed. At a previous meeting, Councilor
Pugh questioned if the City would be able to ask the contractor to install a sidewalk along
the wall. Staff has researched this issue and solicited informal bids for the installation of
approximately 600' of sidewalk. Contractors submitting informal bids were
Kostenborder, $8,250.00, and SD Deacon Construction, $19,786.00. Since the wall is
now completed, the contractor now needs to plant the landscaping, however, if the
sidewalk is to be installed then the landscaping needs to be delayed.
Councilor Pugh stated that there are a few residents who do use that side of the street
rather than the east side of Woodland and he suggested that the Council authorize the
installation of the sidewalk since it is a high volume traffic area.
Councilor Figley agreed that there are pedestrian safety issues involved in this area.
Mayor Jennings questioned if the informal bid process is acceptable in this case.
Public Works Director Tiwari stated that with low bid being greater than $5,000 and less
than $10,000, the informal bid process is acceptable. Staff process has been to take bids
that are greater than $5,000 to the Council for approval. This project would be a part of
the overall Arney Road improvement thereby allowing for the utilization of system
development funds to pay for a portion of the cost since it is an expansion of the system.
Administrator Brown stated that staff had considered various funding sources and, since
the adjacent property owners no longer had direct access to the sidewalk because of the
sound wall, it seemed appropriate that the entire cost for the sidewalk be a publicly
funded project. It was also noted that the Arney Road improvement project is on the list
of projects within the Capital Improvement Plan.
PUGH/FIGLEY ... award a construction contract to Kostenborder for the sidewalk
installation in the amount $8,250.00. The motion passed unanimously.
PLANNING COMMISSION ACTIONS.
A) Site Plan Review//00-07: enlargement of parking lot at Washington Elementary
School, 777 E. Lincoln St..
B) Site Plan Review g00-11, Conditional Use//00-02: Building addition to existing
facility at Willamette Industries, 2550 Progress Way.
C) Site Plan Review//00-16: Construction of tennis courts, Tukwila development.
D) Site Plan Review//00-19: Modular classroom at Valor Middle School, 450 Parr Rd..
E) Site Plan Review//4}0-20: Expand existing parking area at Woodburn Family Clinic,
1390 Meridian Drive.
F) Partition g00-04: Subdivide one lot into two lots at Lincoln Heights, 1035 E. Lincoln.
G) Lot Line Adjustment//00-02: Administrative approval of request submitted by
Robert Engle for property located at 610 Glatt Circle.
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H) Subdivision #00-01 and Acceptance of Street Dedication: Phase 2 of Montebello
and a request to modify conditions 9 and 12 for Montebello Phase I regarding solid wall
along east project boundary.
Administrator Brown stated that, at the time of agenda preparation, staff felt that the
Planning Commission would be issuing the final order on item E (Site Plan Review gOO-
20) at their August 10t~ meeting, however, the Commission decided to delay the final
order until the next meeting. Therefore, this item is on the agenda as an informational
item only. In this particular case, there is some concern regarding the location of a refuse
container. Staff will be asking United Disposal for a written set of its standards for
developing a particular site which will then be used as guidelines and apply them to the
extent that good planning allows.
Mayor Jennings stated that item F (partition ~q30-04) only allows for the dividing of one
lot into two lots and it does not approve the site plan for the proposed development of
apartments on one of the lots.
Acting Community Development Director Mulder stated that a modified site plan will be
back before the Planning Commission which will provide for a site-built structure rather
than moving an existing structure onto the property.
Councilor Pugh complimented the Planning Commission on their action to maintain the
solid wall condition in Montebello Phase I (item H).
0958
CITY ADMINISTRATOR'S REPORT.
A) Analysis of Ballot Measure 93 (state-wide initiative):
Administrator Brown stated that the League of Oregon Cities had forwarded information
on Ballot Measure 93 to the City and they have suggested that the Council adopt a
Resolution in opposition to this measure. In reviewing the level of involvement the staff
would have in either opposing or supporting a ballot measure, staff felt uncomfortable
presenting anything to the Council that would have been developed using public funds in
order to take a position. Therefore, staff has elected to provide the Council with objective
facts on this measure as to what it appears to do and the affect it may have on the City.
As individuals, they can elect to discuss this issue with the press, constituents, or the
League office, but staff is prohibited from expending public money when an official
position is taken. He stated that Measure 93 (Taxpayer Protection Initiative proposed by
Bill Sizemore) will limit increases in taxes for certain fees and charges to no more than .
3% increase over the levels where they existing in December 1998 unless those fees and
charges are approved by a super majority vote of the voters. The super majority
requirement would require a measure to pass by the same percentage amount that
Measure 93 had been approved by the voters. For example, if Measure 93 passed by
80%, then subsequent measures to increase fees and charges would also have to pass by
80% of the vote. Fees not subject to the super majority are certain 9-1-1 charges and
police assessments and they need only to pass by a simple majority vote. He also listed
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examples of fees and charges exempt from this measure such as court fines and
forfeitures, local improvement districts, charges equal to the amount that would be
charged by a private provider if a customer could get the very same service from a private
provider, and mass transit charges. Under this measure, an increase in the fee charged for
reproducing copies would be subject to the same voting provisions as a multi-million
bond measure. The measure treats everything as if it was a tax, therefore, all ballot
language will indicate that a tax increase is involved even though it may only be a fee or
charge which creates apprehension on the part of the voters and could work adversely
towards getting the fee and/or charge approved. This measure would be retroactive to
December 1998 and would require agencies who have increased fees or charges over the
3% limit to refund the excess fee or charge which was over the limit within a certain
period of time. In analyzing the City's current fees and charges, the greatest impact to the
City is in the area of planning and recreation. These fees were increased in the Master
Fee schedule to recover costs to the programs and, if a refund is required, the staff
estimates the refund to be approximately $26,000. Staff also feels that the system
development charges and traffic impact fees originally established several years ago were
at a 100% level but the Council specifically chose to subsidize those charges over a
period of time, therefore, the current system development charges and traffic impact fees
appear to be within the levels contained in Measure 93. He also stated that the material
from the League included information on other initiatives that involve monetary issues
impacting the state and/or local governments. Further information will be forthcoming to
the Council once staff has received estimates from the state and an analysis is completed.
Councilor Pugh expressed concern regarding funding for transportation projects that are
much needed within our community.
Mayor Jennings requested that the Council go on record opposing Measure 93 and, if the
League or any other individual is interested as to the Council's position, they can obtain a
copy of the Council minutes.
Councilor Bjelland questioned if any legal ruling has been issued that would allow the
City to recover its costs.
Administrator Brown stated that, to his knowledge, there is no legal ruling at this time
and it is his belief that litigation would occur later. Each City will have to defend what
they have done and ultimately be restricted by the language in the measure. Staff will
continue to look into this matter.
PUGH/FIGLEY .... Council go on record objecting to Ballot Measure 93. The motion
passed unanimously.
Councilor Figley stated that, in her capacity as Council President and as a member of one
of the League of Cities committees on Community Development, she will be writing a
letter from her home to the person who sent the information to the Council stating that the
Council adopted the motion and inform them that they are welcomed to obtain the
records.
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B) Business Showcase: This year, staff will be having more than one booth area in order
to provide information to the public on the Carnegie Library renovation project,
Community Center Visioning project, Motorcycle traffic program, the potential K-9
program, School Resource and DARE programs. The cost for booth space will be
approximately $150.00.
C) Administrator Brown introduced Jim Mulder as the Acting Community Development
Director and is assuming the full responsibilities of the department.
MAYOR AND COUNCIL REPORTS.
Councilor Kilmurray stated that, following the Fiesta event, she had received comments
from constituents expressing concerns regarding event parking and she requested that off-
site parking along with a shuttle service be addressed in next year's event agreement.
She also stated that concerns were expressed regarding the loudness of the music on
Friday night about 20 minutes prior to the time authorization was given for sound
amplification. She thanked the Fiesta Committee for listening to the concerns of the
citizens and the City prior to this year's event, however, there is still some room for
improvement.
Administrator Brown stated that, from staff's perspective, this year's event went
smoother than in the past and the organizers of the event felt comfortable with their
relationship with the City. The event had its own private security at the event site,
however, the Police Department did patrol the neighborhood areas. For an event that
size, he felt that there was marginal impact and it is anticipated that future events will get
even better.
Councilor Kilmurray suggested that for next year, the planners for Fiesta Days talk with
the Neighborhood Watch groups in advance. She expressed her willingness to attend
those meetings.
Councilor Sifuentez expressed her appreciation to those voiunteers who worked on the
"Days of Caring" through United Way.
She also stated that she would be running for another term on the City Council.
Councilor Pugh stated that he is very upset with the Woodburn Independent who has
refused to print the agendas in the Saturday edition of the paper. He feels that it is an
obligation of the newspaper, therefore, he will be pursuing this matter with the
newspaper.
Mayor Jennings complimented the Police Department with the care that was being taken
at Legion Park. Additionally, he feels that communications between the Fiesta event
organizers and the City has improved over previous years and it will get even better
before next year's event.
The Mayor also questioned when the Police Motorcycles were going to be arriving and
the motorcycle traffic team in operation.
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Deputy Chief Russell stated that the department has been utilizing a patrol unit with a
mobile video system to record the entire traffic stop incident. The patrol unit is marked
but it does not have any overhead lights thereby allowing the car to blend in with the
traffic and it has been very successful especially at intersections with traffic lights. The
motorcycles are scheduled to be delivered in September.
Mayor Jennings informed the public that the City is placing an emphasis on traffic
enforcement.
Councilor Figley stated that she, along with Mayor Jennings and Councilor Chadwick,
visited the skateboard facility located in Newberg and they were very impressed with the
size, quality, and design of the facility. Additionally, the skateboarders displayed good
behavior and the facility was very clean. She encouraged other interested persons to tour
this facility since the goal is to construct a skateboard facility within our community.
Mayor Jennings stated that the City of Newberg had appointed a Board to oversee the
operation of the skateboard facility and the youngest member is age 10 while the oldest
member is age 22. He reiterated that the facility was very clean, rules were being
followed, and it is a very nice skatepark. Following the Newberg tour, they went to
Tualatin where there was trash all over the facility. Ultimately, the difference is in how
the skatepark is administered and the involvement of users.
Councilor Figley also announced that it was Administrator Brown's birthday tomorrow,
therefore, she requested that a recess be taken by the Council since she had brought in a
birthday cake in celebration of this event.
The Mayor called for a recess at 8:10 pm and reconvened at 8:30 p.m.
(Tape recording ended at this time)
EXECUTIVE SESSION.
Mayor Jennings entertained a motion for the Council to adjourn into executive session
under the authority of ORS 192.660(1)(h), ORS 192.660(1)(f), and ORS 192.660(1)(i).
FIGLEY/PUGH... Council adjourn into executive session under the state statutes listed
by the Mayor. The motion passed unanimously.
Before proceeding into the executive session, City Attorney Shields advised the Mayor
and City Council that he had an actual conflict of interest since, as a result of his
performance evaluation, he could receive a direct pecuniary benefit or detriment. Seconci,"
he stated that he could not represent the City on the matters concerning his evaluation
because of his conflict of interest. Finally, he said that he was aware of his right under
the Oregon public meetings statute to be evaluated in an open session and he waived the
right to an evaluation in open session.
The Council adjourned to executive session at 8:32 p.m. and reconvened at 10:29 p.m..
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Mayor Jennings stated for the record that no decisions were made in executive session.
FIGLEY/PUGH... grant the City Attorney a 5% annual raise effective 12 months from
the effective date of last year's annual increase. The motion passed unanimously.
FIGLEY/PUGH... eliminate the term of the City Attorney's contract and make it
ongoing until resignation or termination. The motion passed unanimously.
FIGLEY/SIFUENTEZ .... update the original 1997 document with all changes
authorized since it was first signed. The motion passed unanimously.
ADJOURNMENT.
A motion was made that the meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 10:31 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 9 - Council Meeting Minutes, August 14, 2000
Executive Session
COUNCIL MEETING MINUTES
August 14, 2000
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DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, AUGUST 14, 2000.
CONVENED. The Council met in executive session at 8:35 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 (8:35 pm to 8:53 pm), City Attorney Shields (8:35 pm to 8:50
pm and 10:00 pm to 10:25 p.m.).
The executive session was called under the following statutory authority:
1) ORS 192.660(1)(h) 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;
2) ORS 192.660(1)(f) to consider records that are exempt by law from public inspection; and
3) ORS 192.660(1)(i) to evaluate the employment-related performance of the City Attorney.
ADJOURNMENT.
The executive session adjourned at 10:25 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATrEST ,
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - Council Executive Session Minutes, August 14, 2000
MINUTES
WOODBURN RECREATION & PARKS BOARD
August 8, 2000
Council Chambers, Woodburn City Hall
1. CALL TO ORDER - The meeting was called to order at 7 p.m. by Chair Darryl Kelly.
2. ROLL CALL - MEMBERS PRESENT: Darryl Kelly, Jan Greenwell, Herb Mittmann,
Sharon Felix, Patricia Watts and Council Liaison Kathy Figley.
MEMBERS ABSENT: Frank Anderson and Meli~a Tittle
STAFF PRESENT: Randy Westrick, Director; Kathy Willcox, Manager
Aquatics Division; John Pitt, Maintenance Supervisor; Jennifer Goodrick from the Office.
3. APPROVAL OF MINUTES - Herb Mittmann moved to accept the Minutes of the
June Meeting. Sharon Felix seconded his motion, and it passed unanimously.
4. BUSINESS FROM THE AUDIENCE - There was none.
5. BUSINESS FROM THE DIRECTOR - Division Reports
Randy told the members, for Brian, that Summer Camp went great, and soccer wa~ next
on the agenda. Randy informed the board that Pat Chandler Smith was no longer with
Recreation and Parks, and that Jennifer Goodrick was acting recording secretary for this meeting.
John reported that the Mexican Fiesta at Legion Park was a success. Vendors were
cooperative. Many commented positively regarding the policy of no vehicles in the park and
appreciating the transportation provided. There were a few small incidents: a few vendors left
early, the carnival had a few illegal hook-ups and the neighborhood/nayhave a few complaints.
Clean-up was fast and efficient, and the crew is working to restore the grass which is stressed, but
it will take time to revitalize the lanckscape. The gra~ at Centennial Park is also under stres~ due
to an impromptu soccer game during the Fiesta, and Settlemier Park was mildly impacted by the
parade.
John reported that the Department is down two custodians and one park maintenance
position. He is utilizing Instant Labor, which costs a bit but is needed.
Darryl Kelly asked if the Latin American Club was satisfied with the event. John said he
thought so, as he had received some very positive comments. Discussion ensued regarding our
presence at the festival. Randy stated that there were no conflicts of which he was aware. John
said Bob Miley and his wife did an outstanding job, and Darryl said he would like to see more or
these events.
Kathy reported that swim lesson enrollment is up by 65 participants over this time last
year. The program is doing well with few problems or complaints, with more participants from
outlying areas. Revenue is up, although not quite as high as targeted. A teen dance is planned for
August 18m, hoping to draw 200 middle and high school students. The pool continues to draw
over 100 swimmers in the afternoon, with a sharp drop expected in September. Kathy anticipates
closing the pool for the month of October to get stains off the bottom of the pool. Barracudas
had over 70 kids this summer and will resume practice in November. Kathy expressed her hope to
keep Steve Roth both as a coach and on staff.
Darryl Kelly inquired if all equipment was running correctly. Kathy said the chlorine
pumps are acting up a bit, but not causing a serious problem. She brought the nell for an
automatic vacuum. Kathy assured the board that it would pay for itself quickly by reducing labor
8B
6. PARKS & FACILITIES BOND - Randy reminded the Board that they cannot
campaign for this bond measure. Kathy Figley prepared a report that had been distributed to the
Board regarding the involvement the Board should have in promoting this bond measure.
Discussion ensued. Darryl thanked Kathy for researching this issue. Kathy informed the board of
an introductory meeting scheduled for 8/10 at Pattersons restaurant to discuss strategies. Kathy
reminded the Board that only three members could attend because they could not have a quorum
at that meeting.
Randy introduced a memo from Mary Tennant regarding Measure 93. The bond has been
crafted to be consistent with Measure 93 in the event that it passes in the November election.
Randy reported that CARA passed the House of Representatives with bi-partisan support,
and has gone on to the Senate and passed through committee with bi-partisan support.
Information from the Senate was included in a packet given to the Board. Randy reminded the
Board that the Land & Water Conservation Fund was also a source of grant monies, and that a
significant chunk of 30 million wilt be available for Woodburn for park renovation, park
construction and for new facilities.
7. CENTE PARK PHASE 2 - Randy reported that "Yay! We got the grant?
and that the National Guard was scheduled to begin work this weekend. Darryl Kelly voiced his
doubt, asking if the Guard would be called on to fight forest fires. Randy assured the Board that
if not this weekend, then soon. The Guard is committed to this project. There was discussion
about locking up Centennial Park for security reasons, as new equipment has been vandalized.
Darryl inquired about restroom facilities, and Randy told him that construction was scheduled for
this spring, but may begin this fall if able. Parking lot construction is to begin this September.
More discussion about vandalism, and anticipating security needs.
8. FUTURE BOARD BUSINESS - There was none.
9. BUSINESS FROM THE BOARD. Darryl Kelly called for volunteers to help sand
the locomotive on Saturday at 10 am. The locomotive has been power washed, equipment ha~
been paid for, and everything has been approved, but now the work needs to be done. Darryl
informed the board that he cannot attend the meeting at Pattersons, and asked that members
coordinate with each other regarding attendance.
Randy reminded the board about the EW Lawson Fun Run on August 19.
10. ADJO~ - Darryl Kelly adjourned the meeting by consensus at 7:40 p.m.
8C
TO:
FROM:
Subject:
Date:
MEMO
City Administrator for Council Informatiot~
julie Moore, C. E. Teeh i~{XJ,,._~~ ~ '
No Parking Request on NorthFirst Street, north of Harrison St.
August 24, 2000
Staff has received a petition fi'om residents along North First Street, north of Harrison,
requesting parking be restricted on one side of the street due to the narrow roadway.
North First St. has a roadway width of 26 ft. The residents are concerned with
emergency vehicles being able to access the north end of the street when cars are parked
on both sides of the street. Staff will be preparing a report and may propose a public
hearing be held by the Council in regards to this request since the area has always had
parking on both sides of the street. Emergency services input will be received prior to
preparation of the report for Council consideration.
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator~
Public Works Program Manager,~'~2~
Highway 99E Speed Zone Investigation
August 23, 2000
In May 2000, at direction of Council, staff submitted a speed zone request to the
State Traffic Engineer. The request was that the speed from south of the
MacLaren entrance to the north city limits be reduced from 55 MPH to 45 MPH.
The city has received confirmation from the ODOT Traffic Management Section
that they have completed the speed zone investigation requested by the city and
that they are recommending that the city request be approved.
In accordance with ODOT's approval letter, the city has informed ODOT Traffic
Management Section that their recommendation is acceptable to the city. After
the letter from the city is received that the results of the speed zone investigation
are acceptable, the Traffic Management Section will complete a speed zone order.
This speed zone order will be provided to ODOT highway maintenance who will
then schedule the work to place new speed signs along the affected section of
99E adjacent to MacLaren.
9A
memo
from:
date:
subject:
Woodburn Recreation and Parks Department
Mayor & City Council v~a John Brown, City Admflfistrato~
D. Randall Westrick, Recreation and Parks Director ~
August 23, 2000
Parks and Community Facilities General Obli[~ation Bond Authorization
RECOMMENDATION:
Approve the revised Woodburn Community Cemer Project Program - Option No. 5 and Cost
Analysis.
Approve the revised Bond Projects Funding Strategy.
Approve the attached Resolution authorizing a Notice of Bond Election with ballot Caption
calling a special election for general obligation bonded indebtedness in the amount of $5
million to finance park renovation and construct community facilities.
BACKGROUND:
At the July 10, 2000 meeting, the City Council directed staff to prepare necessary documems
authorizing a November 7, 2000 Parks and Community Facilities bond election in the amount of $5
million. Attached is a resolution, with a Notice of Bond Election and ballot Caption to accomplish
the Council's direction.
DISCUSSION:
In preparing these documems, staff has conferred with represematives from Seattle-Northwest
Securities Corporation, who prepared the Projected Bond Tax Levy Rates for the bond. Seattle
Northwest recommends a level tax rate at $0.46 per $1,000 of assessed value.
The Council will note on the attached table that the tax rate the first year is $0.58 per $1,000 of
assessed vahmtion. Should voters approve the Tax Payers Initiative, technicalities could requi/e the
City to sell bonds before December 7, 2000. This will require the City to collect 18 months interest
in the first tax collection year, thereby spiking the tax rate to $0.58 for only_ the first year. A tax rate
of $0.45 would be levied for each subsequent year.
Also attached is a revised Community Center Building Program and Cost Analysis. The Cost
Analysis was revised when closer scrutiny of the program revealed that costs for all the proposed
building elements were not included in the analysis. The attached Bond Project Funding Strategy
9A
reflects this revision. Also included within the Strategy are conservatively projected grant-funded
portions of the park improvement and renovation projects. The Bond Project Funding Strategy was
developed to provide a picture of how all funding components will fit together to complement the
revenue developed with the bond.
Attachments
2.
3.
4.
5.
Woodbum Community Center Project Program & Cost Analysis
Bond Projects Funding Strategy
Resolution with Notice of Election & Caption
Projected Bond Tax Levy Rates
Projected Debt Service Schedule
Attachment 1
Woodbum Community Center Project Program & Cost Analysis
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PAGE ONE
COST ANALYSIS
WOODBURN COMMUNITY CENTER - OPTION NO. 5
WOODBURN, OREGON
RSS ARCHITECTURE, P.C.
ARCHITECT'S PROJECT NO. 2019
VESTIBULE/ENTRY FOYER: 100 SF
LOBBY: 400 SF
RECEPTIONIST: 150 SF
COAT ROOM: 84 SF X
REGISTRATION AREA: 144 SF X
PUBLIC RESTROOMS: 840 SF X
CENTER DIRECTOR'S OFFICE: 180 SF X
PARKS DEPARTMENT DIRECTOR'S OFFICE: 180 SF X
PARKS DEPARTMENT WORK ROOM: 300 SF X
PARKS DEPARTMENT RECREATION
SUPERVISOR OFFICE: 144 SF X
PARKS DEPARTMENT STORAGE ROOM: 100 SF X
RSVP OFFICE: 120 SF X
TEEN CENTER: 1,250 SF X
ACTIVITY CENTER 2,500 SF X
EXHIBIT/RECREATION PAVILION: 7,560 SF X
EXHIBIT/PAVILION STORAGE: 240 SFX
EXHIBIT/PAVILION OFFICE/FIRST AID ROOM: 150 SF X
MEN'S RESTROOM: 672 SFX
WOMEN'S RESTROOM: 672 SF X
MECHANICAL ROOM: 300 SFX
GENERAL STORAGE: 300 SF X
OUTDOOR EQUIPMENT STORAGE: 240 SF X
JANITOR CLOSET: 100 SF X
FOOD PREPARATION KITCHEN: 704 SF X
MULTI-PURPOSE ROOM: 4,000 SFX
MULTI-PURPOSE ROOM STORAGE: 240 SF X
JANITOR CLOSET: 64 SF X
AUDIO-VISUAL STORAGE ROOM: 100 SF X
JULY 13, 2000
X $115.00 /SF = $11,500.00
X $110.00 /SF = $44,000.00
X $100.00 /SF = $15,000.00
$85.00 /SF= $7,140.00
$95.00 /SF = $13,680.00
$150.00 /SF = $126,000.00
$95.00 /SF= $17,100.00
$95.00 /SF = $17,100.00
$110.00 /SF = $33,000.00
$95.00 /SF =
$80.00 /SF =
$95.00 /SF =
$115.00 /SF =
$95.00 /SF =
$95.00 /SF=
$80.00 /SF =
$95.00 /SF -
$165.00 /SF =
$165.00 /SF =
$75.00 /SF=
$8O.OO /SF=
$75.O0 /SF =
$8O.O0 /SF =
$180.00 /SF =
$110.00 /SF =
$80.00 /SF =
$80.00 /SF =
$85.O0 /SF =
$13,680.00
$8 000.00
$11 4O0.00
$143 750.00
$237 500.00
$718 200.00
$19200.00
$14.250.00
$110 860.00
$110 880.00
$22,500.00
$24,000.00
$18,000.00
$8,000.00
$126,720.00
$440,000.00
$19,200.00
$5,120.00
$8,500.00
SQUARE FOOTAGE SUB-TOTAL:
5% CIRCULATION/UTILITY
AREA CONTINGENCY:
COST SUB-TOTAL:
21,834 SF
1,092 SF X $85.00 /SF =
$92,820.00
\
$2,437,120.00
PERFORMING ARTS THEATER: 13,500 SF X $130.00 /SF = $1,755,000.00
PAGE TWO
COST ANALYSIS (CONTINUED)
WOODBURN COMMUNITY CENTER - OPTION 5
WOODBURN, OREGON
RSS ARCHITECTURE, P.C.
ARCHITECl~S PROJECT NO. 2019
July 13, 2000
SITE PURCHASE ???????????
LAND/BUILDING PREPARATION
LAND SURVEYS
HAZARDOUS-MATERIALS SURVEYS
GEO-TECHNICAL INVESTIGATIONS
ENVIRONMENTAL-IMPACT STUDIES
HISTORIC-PRESERVATION STUDIES
APPRAISAL FEES
INTERNAL STAFF COSTS
ADVERTISING
PRINTING
LEGAL FEES
BUILDING PERMITS
BUILDERS RISK INSURANCE
FINANCE COSTS
CONSTRUCTION CONTINGENCY (UNFORSEEN CHANGES)
PROJECT CONTINGENCY (DISCRETIONARY CHANGES)
PROFESSIONAL CONSULTING SERVICES
ARCHITECTURAL/ENGINEERING FEES AND REIMBURSABLES
PRE-CONSTRUCTION COST/SCHEDULE MANAGEMENT FEES AND REIMBURSABLES
PROGRAMMING FEES
MOVEABLE FIXTURES, FURNISHINGS, AND EQUIPMENT
SPECIAL EQUIPMENT, SUCH AS VOICE/DATA HEAD-IN, SATELLITE, AND SECURITY SYSTEM
LOW-VOLTAGE CABLING NOT INCLUDED IN ELECTRICAL CONTRACTS
SPECIAL OWNER CONSTRUCTION
ARTWORK
RELOCATION AND OCCUPANCY
OCCUPANCY PERMIT
OPEN HOUSE/DEDICATION
INFLATION FACTOR
COMMISSIONING SERVICES
INITIAL OPERATING COSTS (OFFICE SUPPLIES, BUILDING SUPPLIES)
"SOFT" COSTS (ABOVE): $4,199,065.00 X 25% =
$1,049,766.00
ESTIMATED PROJECT COST
END OF COST ANALYSIS
$5,241.886.00
9A
Attachment 2
Bond Projects Funding Strategy
BOND PROJECTS FUNDING STRATEGY
Park Renovation Bond SDC Grant Other Total
C-;-;-;-;-;-;-;-;-~ ~ i n g $15,000 $15,000
Irrigation & Drainage $40,000 $40,000
Playground $25,000 $25,000
Park Amenities $10.000 $10,000
Security IJghting $15,000 $15,000
Access Paths $15.000 $15,000
Total $120,000 $0 $0 $0 $120,000
~rdgation $25,000 $25,000
Access Paths $20,000 $20,000
Park Amenities $10,000 $10,000
Security Lighting $15,000 $15.000
Totai $70.000 $0 $0 $0 $70,000
Gra~ng $15.000 $15,000
Irrigation & Drainage $20.000 $20,000
Playground $25,000 $25,000
Park Amenities $10,000 $10,000
Security Ughting $15,000 $15,000
Access Paths $15~000 $15,000
Total $100,000 $0 $0 $0 $100,0(X)
Access Paths $12,500 $12,500
Total $12,500 $0 $0 $0 $12,500
Sefflemier Park
Grading $25,000 $25.000 $50,000
Irrigation & Drainage $70.000 $70,000 $140,000
Park Amenities $12,500 $12,500 $25,000
Security Ughting $25,000 $25,000
A__oce~_ _~_ Paths $25,000 $25,000
Total $212,500 $0 $107,500 $0 $320.000
Legion Park
Grading $25,000 $25,000 $50,000
Irrigation & Drainage $60,000 $60,000 $120,000
Pa~k Amerfities $12,500 $12,500
Security Ughting $40,000 $40,000
Piaygmund $20.000 $20.000 $40.000
Access Paths $75,000 $75.000
Total $232,500 $0 $117,500 $0 $350,000
Parl~ Renovation Tota/s $7'4~500 $0 .%~p__~rOOO ~0 $972r500
Park Construction Bond SDC Grant Other Total
Balffiald $40,000 $40,000
Picnic Shelter $38.500 $38,500
Athletic Fistd Ughting $80,000 $80,000
Concession/Rest room $150,000 $150,000
Total $80,000 $43 $228,500 $0 $.308,500
Skate Park
Construction $50,000 $50.000 $100,000
Part~ Coastn/ction Totals $130.000 $0 $2Z8.500 $0
Communit~ Facilities Bond SDC Grant Other Total
Woodbum Cc. Ym,x~nity C~-~e~
Teen Center
Activity Room
Exhibit & Rec Pavilion
Banqu~( Room
Res~ro~
Westside Aotivity Cente~
Acthity Rooms
Restrooms
Co/~o~o1 Fad//t/e~ Toe/s
Grand Totals
/~ai~- Renovation Tota/
Parl~ Construction Total
Communit~ Fac#JOes Total
$75.614 $135,450 $211,064
Bond SDC Gran~ Offier To~
$747,~ $0 $~5,~ $0 $972,~
$5,~,~ ~30,450 $~3,~ $~,~ $6,~3,9~
9A
Attachment 3
Resolution with Notice of Election & Caption
9A
COUNCIL BILL NO.
RESOLUTION NO.
2260
A RESOLUTION OF THE CITY OF WOODBURN, MARION COUNTY, OREGON,
CALLING A SPECIAL ELECTION TO SUBMIT TO THE VOTERS THE QUESTION
OF CONTRACTING A GENERAL OBLIGATION BONDED INDEBTEDNESS IN THE
AMOUNT OF $5,000,000 TO FINANCE PARKS AND COMMUNITY FACILITIES;
AND TO PAY ALL COSTS INCIDENTAL THERETO.
WHEREAS, the City Council of the City of Woodburn, Marion County, Oregon
(the "City"), has determined that there is a need to acquire property; construct, equip and furnish
a City community center; construct and renovate City park and recreational facilities; construct
parking facilities and related improvements and to pay all costs incidental thereto; and
WHEREAS, the total cost of the Project is estimated to be $7,000,000. Bonds will
be sold in an amount of not to exceed $5,000,000. The City plans to apply for federal and state loans
and grants and apply other City revenues and asset sale proceeds toward the balance of the costs of
the Project; and
WHEREAS, all of the costs are for capital construction or improvements or costs of
issuing bonds; and
WHEREAS, the "Taxpayer Protection Initiative" (Measure 93) has qualified for
placement on the general election to be held November 7, 2000; and
WHEREAS, Measure 93 requires, in part, that bond measures to be voted at
elections held on and aRer November 7, 2000 comply with certain of its provisions, even though
Measure 93 would not take effect, if approved by the voters, until December 7, 2000; and
WHEREAS, Measure 93 requires, if adopted, that the ballot for a bond measure
contain: (1) the words "a yes vote on this measure is a vote to increase taxes;" (2) a projection of the
total cost of the bond, including interest; (3) the "revenue" the measure the would produce annually;
and (4) that it be approved by not less than the percentage of voters who vote for Measure 93; and
WHEREAS, the City Council determines that it is in the best interests of the District
and its voters to attempt to comply with the requirements of Measure 93 for this bond election;
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That a special election is hereby called for the purpose of submitting to the
qualified voters of the City the question of contracting a general obligation bonded indebtedness in
the name of the City in a sum not to exceed $5,000,000. Bond proceeds will be used to acquire
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
9A
property; construct, equip and furnish a City community center; construct and renovate City park and
recreational facilities; construct parking and related improvements and to pay all costs incidental
thereto. The bonds shall mature over a period of not more than 25 years;
Section 2. That the special election hereby called shall be held in the City on
November 7, 2000. The election shall be conducted pursuant to ORS 254.465 et seq.;
Section 3. That the City Recorder shall cause to be delivered to the Election Officer
of Marion County, Oregon the attached Notice of Bond Election, not later than 61 days prior to the
election;
Section 4. That the Election Officer is requested to give the electorate of the City
notice that the election shall be conducted by mail pursuant to Oregon law; and,
Section 5. That the City Recorder shall give notice of the election by posting the
attached Notice of Election at a conspicuous place in City Hall and two other public places not less
than ten days prior to the election. / l
,,,.,:,,:,,.ov,,,:, ,o ,"orm:/
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 City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO.
RESOLUTION NO.
9A
NOTICE OF BOND ELECTION
City of Woodburn
Marion County, Oregon
NOTICE IS HEREBY GIVEN that on November 7, 2000, an election will be held
in Marion County, Oregon. The following question will be submitted to the qualified voters thereof:
CITY OF WOODBURN
CAPTION:
PARKS AND COMMUNITY FACILITIES GENERAL OBLIGATION
BOND AUTHORIZATION
QUESTION:
Shall the City be authorized to contract a general obligation bonded indebtedness in
an amount not to exceed $5,000,0007 If the bonds are approved, they will be payable from taxes on
property or property ownership that are not subject to the limits of Section 11 and 1 lb of Article XI
of the Oregon Constitution.
SUMMARY:
A "yes" vote on this measure is a vote to increase taxes. This measure authorizes
issuance of general obligation bonds of not to exceed $5,000,000, to acquire property; construct,
equip and furnish a City community center; construct and renovate City park and recreational
facilities; construct parking and related improvements; and pay all costs. The total cost is estimated
to be $7,000,000. The City plans to apply for federal and state loans and grants and use other City
revenues to pay the balance of the cost. Bonds would mature over a period of not to exceed 20
years. The total projected estimated cost of the bonds, principal and interest, at an average annual
estimated interest rate of 5.75%, would be $8,955,846. The revenue (the estimated average annual
tax levy assuming a level tax rate), is estimated to be $471,360 annually. The estimated average
property tax rate, based on the foregoing assumptions, would be $0.46 per $1000 of assessed value.
Mary Tennant, City Recorder
C:LM y Files'~k'~C B'~.m-el~ .doe
9A
Attachment 4
Projected Bond Tax Levy Rates
FROM-SNW PUBLIC FINANCE 503-Z75-8320 T-417 P.OZ/04 F-468
AUG-Z4-O0 04:IZPM
City of Woodburn
Projected Bond Tax Levy Rates
$5,000,000
Level Levy Rate - New Bonds
19.5 Year Issue
Bond Issue Data
:)amd Date
~'ms~ng Date:
Firs[ Co~pon.
Current MarKet Razes Plus.
Term b, esrs)'
12/1/2001
0 ~/o
19.50
Property Tax DaM
~999-2000 Asses:~o value (000si'
1999-2000 Real Marke[ value (o00s).
$ 714,255
$ 909,619
Max Oe~t Capacity (3,00% of RMv) (ooos). $ ~
OuT~ana[ng Deo[:
New Bonds: 5.000
Remaimng Capac,;y: $ 22~-289"
AV Taze~
2001 5 00%
2002 5.00% 93.00%
2003 3.00% 95.00%
2004 3 00% 97.00%
~ereat~er 3.00% ~ ~-~/~
Assessed
Fiscal Year Value
Ending 6/30 (000sI
2000 $ 71¢.255
2001 749.967
2002 787,466
2003 811.090
2004 835,422
2005 860.485
2006 886.299
2007 912,888
2008 940,275
2009 988.483
2010 997.538
2011 1.027,464
2012 '1.058.288
2013 1,090,037
2014 1.122,738
2015 1.1 56.420
2016 1.191,332
2017 1.226.648
2018 '1,263.651
2019 1.30~ ,56'1
202O 1,34O,607
2021 1,380,826
2022 ~ .422,2~0
2023 1.464.g 18
2024 1.508.866
Debt Service ~_-~,ulrements
Prior FY
Debt New Bonds Total
$
422.951
34.6,967
383,750
389.500
398.727
412,~36
42~,.456
435.667
450,749
484,418
~76.626
492.237
505,923
522,593
536,865
554.055
568,521
585.353
604,257
$
Average L~fe (Years).
Average Coupon:
$ 8,955,846
13 76
5
422.951
346,967
363.?50
389.5OO
398,727
412.136
,~24.456
,;.35,667
450,749
484.4~ 8
476,626
492.237
505.923
522,593
536,965
554.055
568.52~
585,353
60~.257
8. 55.84
projected Levy Rams
$~;1.000 AV
Prior Combine~
DeO[ New Bonds Levy Ra~e
S $ -
0.58 0.58
- 0.45 0.45
0.45 0.45
0,45 0.45
0.45 0.4.5
0.45 OAS
0.45 0.45
0.45 0.45
OAS 0.45
0.45 0.45!
, 0.45 0.4~
- 0.45 0.45
0.45 0.45
0.45' 0.45
0.45 0.45
0.45 0.45
0.45 0.45
0.45 0.45
0.45 0.45
Prepare~i Dy Seattle-NorthweSt Securltl~ Coq~.
WooOoum. 2000 Issue. S5MM, 20 yrS.LL. 8-24-2000
9A
Attachment 5
Projected Debt Service Schedule
AUG-24-O0 04:12PM FROM-$NW PUBLIC FINANCE 503-Z?5-83ZO T-417 P.03/04 F-4EB
City of WOodburn
Projected Debt Service Schedule
$5,000,000
19.5 Year Issue
Dated Date:
Closin~ Date:
01-Dec-O0 First Coupon:
01-Dec-00
01-Dec-01
FY Principal
6/30 June 1 Coupon Interest
Total
2000
2001
2002 4.90% 422,95q 422,951
2003 65.000 4.95% 281,967 346,967
2004 85,000 5.00% 278,750 363.750
2005 115,000 5.02% 274,500 389,500
2006 130,000 5.07% 268,727 398,727
2007 1 50,000 5.12% 262,136 412.136
2008 170.000 5.17% 254,456 424,456
2009 190.000 5.22% 245,667 435,667
2010 215,000 5.27% 235,749 450,749
2011 240,000 5.33% 224,418 464,418
2012 255,000 5.43% 211,626 476,626
2013 295,000 5.53% 197,237 492,237
2014 325,000 5.64% 180,923 505,923
203 5 360.000 5.73% 162,593 522,593
2016 395,000 5.80% 141,965 536,965
2017 435,000 5.87% 119,055 554,055
2018 475.000 5.93% 93,521 568,521
2019 520,000 5.98% 65,353 585,353
2020 570,000 6.01% 34.257 604,257
2021
2022
2023
2024
5,000.000 $ 3,955,846
Total $
Average Life
Average Coupon
Bonc~ Years
Accrued Interest
13.762
5.749%
68,810,000
$ 8,955,846
Prepared by Seattle-Northwest Securities Corp.
Woocll3urn, 2000 Issue, $5MM, 20 yrs,LL, 8-24-2000
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator
~ .~
Public Works Program Manager ,~~~J
Public Transportation Operating Assistance Grant Agreement
August 22, 2000
RECOMMENDATION:
Approve the attached resolution entering into ODOT Grant Agreement No. 18427 with the
State of Oregon to receive $43,063 in public transportation operating assistance funding
and authorizing the Mayor and City Recorder to sign the agreement on behalf of the city.
BACKGROUND:
The city has been receiving annually operating assistance from the Federal Transit
Administration's Section 5311 program for small cities and rural areas for several years.
These federal funds are administered by the Oregon Department of Transportation and
the city applies for these funds each year. This agreement provides for $43,063 in
assistance for providing public transportation service for fiscal year 2000-2001. This is
an approximately 13% increase in funding from the previous year which reflects a similar
increase in the amount of federal funds available to Oregon for the Section 5311 program.
The city attorney has reviewed and signed the agreement.
Staff recommends that the resolution be approved authorizing the Mayor and City
Recorder to sign the agreement on behalf of the city.
9B
COUNCIL BILL NO. 2261
RESOLUTION NO.
A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 18427 WITH THE STATE
OF OREGON AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH
AGREEMENT.
WHEREAS, the State of Oregon acting through the Oregon Transportation
Commission is authorized to enter into agreements and disburse funds for the purpose of
supporting public transportation pursuant to ORS 184.670 to 184.733, and
WHEREAS, the City of Woodburn has applied for federal public transportation
operating assistance funds for Fiscal Year 2000-2001 under Title 49, United States Code,
Chapter 5311, Small City and Rural Areas Program and
WHEREAS, the State of Oregon, Department of Transportation, has been
designated to evaluate and select recipients of assistance from federal funds available
under the Small City and Rural Areas Program, to coordinate grant applications and to
administer the disbursement of the federal assistance and
WHEREAS, the State of Oregon, Department of Transportation, has approved
$43,063 in operating expenses for the City of Woodburn to be used in support of public
transportation, NOW THEREFORE;
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section I. That the City of Woodburn enter into Grant Agreement No. 18427,
which is affixed as Attachment"A" and by this reference incorporated herein, with the State
of Oregon acting by and through its Department of Transportation to secure Federal funds
through Title 49, United States Code, Chapter 5311 for the purpose of supporting public
transportation.
Section 2. That the Mayor and City Recorder of the City of Woodburn are
authorized to sign said agreement on behalf of the City.
Page 1- COUNCIL BILL NO.
RESOLUTION NO.
Approved as to form:~'. ~(~~-~
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
ATTACH IVI~aNT ~..~.~-~
Page_../.-- of I"~ ._
ODOT Agreement Number: 18427
Small City and Rural Areas (5311 ) Operating
9B
PUBLIC TRANSIT DIVISION
OREGON DEPARTMENT OF TRANSPORTATION
ODOT GRANT AGREEMENT No. 18427
THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting
by and through its Department of Transportation, hereinafter referred to as "ODOT"; and Woodburn,
City of, hereinafter referred to as "Recipient". Recipient enters into this Agreement with ODOT to
secure financial assistance to complete the activities described in Exhibit B, attached hereto and by this
reference made a part hereof.
RECITALS
By the authority granted in ORS 190.110 and 283.110, state agencies may enter into Agreements with
units of local government or other state agencies for the performance of any or all functions and
activities that a party to the Agreement, its officers, or agents have the authority to perform. The State
of Oregon acting through the Oregon Transportation Commission is authorized to enter into
Agreements and disburse funds for the purpose of supporting public transportation pursuant to ORS
184.670 to 184.733.
This Agreement is based upon and is subject to Oregon Revised Statutes (ORS), Oregon
Administrative Rules, and Federal Transit Administration regulations such as those contained in ORS
323.455, ORS 391.800 through 391.830 and FTA Circular 9070.1E including all associated references
and citations. From time to time these laws, rules and regulations may be amended and ODOT
reserves the right to amend this Agreement if it is affected. ODOT will provide thirty days notice of
impending changes and will prepare a supplemental Agreement incorporating the changes to be
executed by the parties.
The following documents are incorporated by reference and made part of this grant agreement:
Agreement Obligations and General Provisions, Exhibits A and B, and Fiscal Year 2000 Annual
List of Certifications and Assurances for Federal Transit Administration Grants.. These
certifications and assurances are used in connection with all Federal assistance programs administered
by FTA during Federal Fiscal Year 2001. These certifications and assurances include all annual
certifications required by 49 U.S.C. 5311 Non-Urban Formula.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by
and between the parties hereto as follows:
TERM§ OF AGREEMENT:
1. Payment shall not exceed $43,063, as described in Exhibit B, Project Description and Budge~. x
2. This Agreement is to begin on July 1, 2000, or upon execution by all parties, whichever is later
and shall expire on June 30, 2001.
Page 1 of 15
ATTA¢t41W~NT /~ ODOT Agreement Number: 18427 91]
P~g.o ,,_e).... o~ t,,~ _ Small City and Rural Areas (5311) Operating
IN WITNESS WHEREOF, the parties have set their hands and affixed their seals as of the day and
year hereinafter written.
The Oregon Transportation Commission on March 18,1999 approved Subdelegation Order No. 14, in
which the Director delegates the authority to conduct the following day-to-day operations to the Public
Transit Division Manager:
!. Approve and execute grant agreements, certifications and assurances, amendments and reports
for receipt of funding for Federal Transit Administration Programs included in the STIP.
2. Execute Oregon Transportation Commission intergovernmental agreements and grants for
special payments to local governments and other non-profit units and operators of public
transportation services for disbursement of state and federal funds for public transit programs.
The Divison Manager will maintain a listing of all intergovernmental agreements and grants
and submit a quarterly report to the OTC.
Woodburn, City of
270 Montgomery Street
Woodbum OR 97071
Oregon Department of Transportation
Public Transit Division
555 13th St. NE, Suite 3
Salem, Oregon 97301-4179
Name
Martin W. Loring, Manager - Public Transit
Division
Title
Date
Date
Recipients Legal Counsel
Date
Name
Title
Date
Name
Title
Date
Page 2 of 15
ATTACHMENT ~
Page i~ of ~%-
ODOT Agreement Number: 18425 9B
Small City and Rural Areas (53 ! 1 ) Operating
Agreement Obligations and General Provisions
RECIPIENT OBLIGATIONS
A. General Requirements
Recipient shall conduct activities that substantially conform to the description in
Exhibit B, Project Description and Budget. Recipient shall notify ODOT in writing of
changes in these activities prior to performing any changes and will not perform any
changes to the activities listed in Exhibit B without specific written approval from
ODOT.
Recipient shall make purchases of any equipment, materials, or services pursuant to
this Agreement under procedures consistent with Administrative rules (OAR
Chapter 125) for the Oregon Department of Administrative Services and Oregon
State Law and in conformance to FTA C4220.1 D, Third Party Contracting
Requirements, ensuring that
· all applicable clauses required by Federal Statute, executive orders and their
implementing regulations are included in each competitive procurement;
· all procurement transactions are conducted in a manner providing full and open
competition;
· procurements exclude the use of statutorily or administratively imposed instate or
geographic preference in the evaluation of bids or proposals (with exception of
locally controlled licensing requirements);
· contracts will not exceed a period of five years without prior approval of FTA,
and;
· Architectural & Engineering procurements are based on Brooks Act procedures
unless the state has adopted a statute that governs such procurements.
Recipient is responsible for submission of any draft sub-agreements and contracts
associated with this grant to ODOT for review and approval. Best Practices
Procurement Manual, a technical assistance manual prepared by the FTA, is available
on the FTA website: www. fta.dot.gov
Recipient agrees to comply with all federal, state, and local laws, regulations, executive
orders and ordinances applicable to the work under this Agreement, including, without
limitation, the provisions of ORS 279.312, 279.314, 279.316, 279.320, 279.555, and OAR
Chapter 125 which hereby are incorporated by reference. Without limiting the generality
of the foregoing, recipient expressly agrees to comply with (I) title V[ of Civil P, igh.ts Act
of 1963;(ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with s
Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rules
established pursuant to the foregoing laws; and (v) all other applicable requirements of
federal and state civil rights and rehabilitation statutes, rules and regulations.
4. Recipient shall permit ODOT, the Secretary of State, the Comptroller General of the
Page 3 of 15
10.
AT'I'ACH~4t~NT ~/~
Page ~ of /',ff
9B
ODOT Agreement Number: 1842',
Small City and Rural Areas (5311 ) Operating
United States, the US Department of Transportation, or their authorized representative,
upon reasonable notice, to inspect all vehicles, real property, facilities, equipment
purchased by the recipient as part of the project, and/or transportation services rendered
by recipient, sub-recipient and/or any subcontractor acting on behalf of the recipient.
Recipient shall permit the above named persons to audit the books, records, and accounts
of recipient relating to the project.
Recipient shall maintain all required records for at least three years after ODOT's final
payment, final disposition of grant financed property or equipment, and all other
pending matters have been resolved, whichever comes later.
Recipient shall defend, save and hold harmless the State of Oregon, including the
Oregon Transportation Commission, the Department of Transportation, and their
members, officers, agents, and employees from all claims, suits, actions of whatsoever
nature resulting from or arising out of the activities of Recipient or its subcontractors,
agents or employees under this agreement. Recipient shall not be required to indemnify
ODOT for any such liability arising out of negligent acts or omissions of the State of
Oregon, its employees, or representatives. This provision is subject to the limitations, if
applicable, set forth in Article XI, Section l0 of the Oregon Constitution and in the
Oregon Tort Claims Act, ORS 30.260 to 30.300.
Recipient acknowledges and agrees that the Federal Government, absent express written
consent by the Federal Government, is not a party to this contract and shall not be subject
to any obligations or liabilities to the Recipient, contractor or any other party (whether or
not a party to the contract) pertaining to any matter resulting from the underlying contract.
Recipient shall perform the service under this Agreement as an independent contractor
and shall be exclusively responsible for ali costs and expenses related to its employment
of individuals to perform the work under this Agreement, including but not limited to
PERS contributions, workers compensation, unemployment taxes, and state and federal
income tax withholdings.
Recipient's officers, employees, or agents shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, potential contractors, or parties to
sub-agreements. No member or delegate to the Congress of the United States or State of
Oregon employee shall be admitted to any share or part of this Agreement or any benefit
arising therefrom.
In accepting this Agreement, Recipient certifies that neither Recipient nor its principals is
presently debarred, suspended, or voluntarily excluded from this Federally-assisted
transaction, or proposed for debarment, declared ineligible or voluntarily excluded from
participating in this Agreement by any state or federal agency. Recipient must provide
notice to the State if at any time it learns that this certification is erroneous when
submitted or if circumstances have changed (new personnel, indictments, convictions,
etc.).
Page 4 of 15
11.
12.
A~-IrACH.~It~NT /~
Page -% of /%'-
()l)()'l' Agreement Number: 18427 9B
Small City and Rural Areas (531 i ) Operating
Recipient shall complete all purchases of property or equipment prior to the expiration
date of this Agreement. If local circumstances prevent the purchase by the specified date,
the Recipient will notify ODOT in writing of the delay and reason for delay. Contract
amendment for time will be considered in extenuating circumstances.
Any recipient of grant funds, pursuant to this agreement with the State, shall assume sole
liability for that recipient's breach of the conditions of the Grant, and shall, upon
recipient's breach of grant conditions that requires the State to return funds to the Grantor,
hold harmless and indemnify the State for an amount equal to the funds received under
this agreement; or if legal limitations apply to the indenmification ability of the recipient
of grant funds, the indemnification amount shall be the maximum amount of funds
available for expenditure, including any available contingency funds or other available
non-appropriated funds, up to the amount received under this agreement.
Audit Requirements
Annual OMB A-133 Audit. Recipients receiving Federal funds in excess of $300,000 are
subject to audit conducted in accordance with Office of Management and Budget (OMB)
Circular A-133, Audits of States, Local Governments, Non-profit Institutions. Recipient, if
affected by this requirement, shall at Recipient's own expense, submit t'o ODOT, Public
Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, an annual audit
covering the funds expended under this Agreement and shall submit or cause to be
submitted, the annual audit of any subcontractor of Recipient responsible for the financial
management of funds received under this Agreement.
Other Annual Audit. Recipient shall, at Recipient's own expense, submit to ODOT,
Public Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, a copy of any
annual audit covering the funds expended under this Agreement by Recipient or any
subcontractor of Recipient receiving funds as a result of this Agreement that is performed
due to state law or regulation, or conducted as an independent activity.
Management letter. Recipient shall also, at Recipient's own expense, submit to ODOT,
Public Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, a copy of the
management letter and/or report that accompanies an annual audit covering the funds
expended under this Agreement by Recipient or any subcontractor of Recipient receiving
funds as a result of this Agreement.
Audits. Recipient acknowledges and agrees that ODOT, the federal government, and
their duly authorized representatives shall have access to the books, documenl~s, papers,
and records of Recipient which are directly pertinent to the specific Agreement for the
purpose of making audit, examination, excerpts, and transcripts. Recipient shall permit
ODOT to audit and review Recipient's financial records, management and program
systems, and any associated records.
Pre-Award and Po'st-Delivery Review. Every Recipient who purchases rolling stock,
Page 5 of 15
Co
9B
ATTACHMENT ~ ODOT Agreement Number: 18427
Pago ~ of z'~ Small City and Rural Areas (5311) Operating
other than sedans or unmodified vans, must certify that a pre-award and post-deliver
review has been conducted in accordance with the Pre-Award and Post-Delivery Review
Regulation, 49 CFR Part 663. This review ensures compliance to bid specifications, Buy
America, and Federal Motor Carrier Safety Standards.
Other Federal Requirements. One of the principles of contracting with Federal funds
received indirectly from FTA is a recognition that, as a condition of receiving the funds,
certain specific requirements must be met not only by the Recipient, but also by any sub-
recipients and contractors. To the extent applicable, Federal requirements extend to the
third party contractors and their contracts at every tier and sub-recipients and their sub-
agreements at every tier. The specific requirements for particular grant funds is found in thc
Master Agreement that is signed and attested to by ODOT. This Master Agreement is
incorporated by reference and made part of this Grant Agreement. Said Master Agreement
is available upon request from Public Transit Division by calling (503) 986-3300.
The following is not a complete list of Federal requirements, rather is a summary of
various primary requirements associated with the type of transaction covered by this
grant, as defined in Attachment A.
Recipient shall comply with Title VI of the Civil Rights Act of 1964 (78 Stat 252; 42
USC 2000d) and the regulations of the United States Department of Transportation (49
CFR 21, Subtitle A). Recipient shall exclude no person on the grounds of race,
religion, color, sex, age, national origin, or disability from the benefits of aid received
under this Agreement. Recipient will report to ODOT on at least an annual basis the
following information: any active lawsuits or complaints, including dates, summary of
allegation, status of lawsuit or complaint including whether the parties entered into a
consent decree.
Recipient shall Comply with FTA regulation in Title 49 C.F.R. 27.9,
"Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving
or Benefiting from Federal Financial Assistance" which implements the Rehabilitation
Act of 1973, as amended, and the Americans with Disabilities Act of 1990, and 49
CFR parts 37 and 38.
If non-accessible vehicles are being purchased for use by a public entity in demand
responsive service for the general public, the State will obtain from the subrecipient a
"Certification of Equivalent Service," which states that when viewed in its entirety
the public entity's demand responsive service offered to persons with disabilities,
including persons who use wheelchairs, meets the standard of equivalent service set
forth in 40 CFR section 37.77(c).
Recipient shall comply with the following service provisions, as appropriate: · Maintenance of accessible features
· Procedures to ensure lift availability
· Lift and securement use
· Announcements on vehicles of stops on fixed-route systems
Page 6 of 15
ATTACH,...M ENT ,'~
Page_'/ of (~
ODOT Agreement Number: 18427
Small City and Rural Areas (5311) Operating
9B
· Vehicle identification system
· Service animals
· Use of accessibility features
· Public information/communication
· Lift deployment at any designated stop
· Service to persons using respirators or portable oxygen
· Adequate time for boarding/deboarding
· Training
Recipient has or will have the necessary legal, financial, and managerial capability
to apply for, receive, and disburse Federal assistance authorized for 49 U.S.C. 5310; and
to implement and manage the project. Recipient will certify to the state that it is in
compliance with the Year 2000 issue: certifying to ODOT that data-sensitive embedded
computer chips will continue to make date-related computations accurately on January
1,2000 and beyond. A Y2K certification process designed by ODOT will require
submission by Recipient to ODOT not later than June 30, 1999 (for current federal
recipients) and as soon as possible for new recipients.
Recipient has, to the maximum extent feasible, coordinated with other transportation
providers and users, including social service agencies authorized to purchase transit
service.
Recipient has complied with the transit employee protective provisions of 49 U.S.C.
5333(b).
Recipient will comply with applicable provisions of 49 CFR part 605 pertaining to
school transportation operations. "Tripper services" that are part of the routine
schedule and are open to the general public are not considered to be school bus services.
Recipient will correct any condition which State or FTA believes "creates a serious
hazard of death or injury" in accordance with Section 22 of the Federal Transit Act of
1964, as amended.
Recipient will comply with the applicable provisions of 49 CFR part 26 related to
Disadvantaged Business Enterprise. Each contract the grantee signs with the
contractor (and each subcontract the prime contractor signs with a subcontractor) must
include the following assurance:
"The contractor, sub recipient or subcontractor shall not discriminate on the ha§is of
race, color, national origin, or sex in the performance of this contract. The contraetq~r
shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of ODOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy, as the recipient deems appropriate."
8. Recipient has certified to the state that it will comply with 49 CFR part 604 in the
Page 7 of 15
10.
9B
()l)OT Agrccmcnt Number: 18427
ATTACHMENT /~ Small City and Rural Areas (5311 ) Operating
Page ~-- of -~ .~ -
provision of any charter service provided with equipment or facilities acquired with
FTA assistance-
Recipient and contractors receiving in excess of $100,000 in Federal funds must certify
to ODOT that they have not and will not use Federal funds to pay for influencing or
attempting to influence an office or employee of any Federal department or agency, a
member or Congress, or an employee of a member of Congress in connection with
obtaining any Federal grant, cooperative agreement or any other Federal award. If non-
federal funds have been used to support lobbying activities in connection with thc
project complete Standard Form LLL, "Disclosure Form to Report Lobbying" and
sublnit the form to ODOT at the end of each calendar quarter in which there occurs an
event that requires disclosure. Restrictions on lobbying do not apply to influencing
policy decisions. Examples of prohibited activities include seeking support for a
particular application or bid and seeking a congressional earmark.
Recipients, sub-recipients and their contractors with safety sensitive employees (except
maintenance contractors) shall comply with the drug and alcohol testing regulations
as defined by Prevention of Prohibited Drug Use in Transit Operations (49 CFT 653);
Prevention of Alcohol Misuse in Transit Operations (49 CFT 654) and Procedures of
Transportation Workplace Drug and Alcohol Testing Programs (49 CFR 4(I).
Procedures include written policies, training, recordkeeping, and MIS annual reports
submitted to ODOT. In addition, the Recipient agrees to comply with, and ensures the
compliance of its employees, sub-recipients and contractors with, information
restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. 552.
11.
ODOT
A.
Bo
Co
OBLIGATIONS
ODOT shall reimburse eligible costs incurred in carryin~ out the project subject to the
amounts shown in Exhibit B. Such reimbursement shall not exceed the Agreement
Amount.
ODOT certifies, at the time this agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this agreement within
ODOT's current appropriation or limitation of current biennial budget.
ODOT reserves the right to withhold payment o£ £unds ii' there are unresolved audit
findings, or inadequate information concerning recipient activities. ODOT reserves the
rights to reallocate any portion of the A~reement Amount which, based on its estimate,
will not be used by Recipient.
ill.
GENERAL PROVISIONS
A. Recipient, its subcontractors, if any, and all employers working under this agreement are
subject employers finder the Oregon Workers Compensation Law and shall comply
Page 8 of 15
Bo
Co
9B
ATTACHMENT /'~ ODOT Agreement Number: 11,1427
Page ~ of ~'~ Small City and Rural Areas (531 I) Operating
with ORS 656.017, which requires them to provide workers' compensation coverage for
all their subject workers.
Any recipient of grant funds, pursuant to this agreement with the state, shall assume sole
liability for that recipient's breach of the conditions of the Grant,'and shall, upon
recipient's breach of grant conditions that requires the state to return funds to the
grantor, hold harmless and indemnify the state for an amount equal to the funds received
under this agreement; or if legal limitations apply to the indemnification ability of the
recipient of grant funds, the indemnification amount shall be the maximum amount of
funds available for expenditure, including any available contingency funds or other
available non-appropriated funds, up to the amount received under this agreement.
This agreement may be terminated by mutual written consent. ODOT may terminate
this agreement, in whole or in part, effective upon delivery of written notice to
Recipient, or at such later date as may be established by ODOT, under any of the
following conditions, but not limited to these conditions. Any termination of this
Agreement shall not prejudice any rights or obligations accrued to the parties prior to
termination.
If recipient fails to provide services called for by this agreement within the time
specified herein or any extension thereof; or
If Recipient fails to perform any of the other provisions of this agreement, or so
fails to pursue the work as to endanger performance of this agreement in
accordance with its terms, and after receipt of written notice from ODOT fails to
correct such failures within 10 days or such longer period as ODOT may authorize;
or
If ODOT fails to receive funding, or appropriations, limitations or other
expenditure authority at levels sufficient to pay for the work provided in the
agreement; or
The requisite local funding to continue this project becomes unavailable to
Recipient; or
5. Federal or State Laws, rules, regulation or guidelines are modified, changed, or
interpreted in such a way that the financial assistance or purchase of equipment
provided for in the Agreement is no longer allowable or is no longer eligible for
funding proposed by this Agreement; or
6. Both parties agree that continuation of the Project would not produce results x
commensurate with the further expenditure of funds; or
Recipient takes any action pertaining to this Agreement without the approval of
ODOT and which under the provisions of this Agreement would have required the
approval of ODOT; or
Page 9 of 15
Do
Uo
Fo
ATTACHMENT
OI)OT Agreement Number: ! 8427
Small City and Rural Areas (5311 ) Operating
The commencenmnt, prosecution, or timely completion of the project by Recipient
is, for any reason, rendered improbable, impossible, illegal; or
9. Recipient is in default under any provision of this Agreement.
Recipient acknowledges and agrees that ODOT, the Secretary of State's Office of the
State of Oregon, the federal government, and their duly authorized representatives
shall have access to the books, documents, papers, and records of recipient which are
directly pertinent to the specific Agreement for the purpose of making audit,
examination, excerpts, and transcripts for a period of three years after final payment.
Copies of applicable records shall be made available upon request. Payment for costs of
copies is reimbursable by ODOT.
This Agreement may be revised or amended by a supplemental written Agreement
between the parties and executed with the same formalities as this Agreement.
This Agreement and attached and referenced exhibits constitute the entire Agreement
between the parties on the subject matter hereof. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this
Agreement. No waiver, consent, modification or change of terms of this Agreement
shall bind either party unless in writing and signed by both parties and all necessary
approvals have been obtained. Such waiver, consent, modification or change, if made,
shall be effective only in the specific instance and for the specific purpose given. The
failure of ODOT to enforce any provision of this Agreement shall not constitute a
waiver by ODOT of that or any other provision.
91t
Page 10 of 15
ATTACHMEN'I'--
Page .J.J.- of ~
EXHIBIT A
FY 2000- 01 FINANCIAL INFORMATION
ODOT Agreement Number: 18427
Small City and Rural Areas (5311) Operating
The information below will assist auditors to prepare a report in compliance with the requirements of
the Office of Management and Budget (OMB) Circular A- 133.
This grant is financed by the funding source(s) as indicated below:
Federal Program
Title
Federal Funds Available through:
49 U.S.C. 5311 Small City and Rural Areas
Program
Federal Catalogue Number:
20.509
Federal Grant Number:
OR184017
Total Federal Funding
$43,063
Federal Funding Agency
U.S. Department of Transportation
Federal Transit Administration
Region X
Suite 3142
Federal Building
915 Second Avenue
Seattle, WA 98174
State Program Title
State funds available through ORS 323.455
and ORS 391.800 through 390.830.
Special Transportation Discretionary Fund
State Grant Number:
N/A
Total State Funding
N/A
State Funding Agency
Oregon Department of Transportation
Public Transit Division
Mill Creek Office Park
555 13th Street NE, Suite 3
Salem, OR 97301-4179
Page 11 of 15
ATTAC4"IMENT /'~
Page
Exhibit B
Part 1
Project Description and Budget
ODOT Agreement Number: 18427
Small City and Rural Areas (5311 ) Operating
9B
Project Description Agreement Local Total
Amount Share
Operating Expenses/Woodburn, $43,063 $43,063 $86,126
City of
TOTAL $43,063.00 $43,063.00 $86,126.00
Page 12 of 15
ATTAO.I~M ENT ~
Page /.:3 of /.-~'"-
ODOT Agreement Number: 18427 9B
Small City and Rural Areas (53 i 1 ) Operating
EXHIBIT B
Part II
Depending on thc purpose of funding as described in Exhibit B, Part I, some or ali of the
follo~ving provisions apply.
A. Operating Grants
Operating Grants are subject to a 50/50 grant match ratio meaning that the State
contributes up to 50 percent of the approved project cost, not to exceed the Agreement
Amount. In the event that actual cost differs from estimated cost, the following applies:
a)
b)
Actual cost is less than estimated cost - The State shall contribute up to 50
percent of the actual cost.
Actual cost is more than estimated cost - The State's contribution is limited to
50 percent of the actual cost or the Agreement Amount, which ever is less. The
recipient may elect to contribute local money and continue the project, or
discontinue the project.
To receive reimbursement as described on ODOT Obligations, paragraph A, recipient
shall submit quarterly progress reports. Reports shall include a detailed statement of
revenues and expenditures for each quarter, including documentation of local match
contributions. ODOT reserves the right to request such additional information as may
be necessary to comply with federal or state reporting requirements.
B. Capital Grants
1. Vehicle or other capital purchase
a)
b)
ODOT may, with parties' mutual consent, purchase equipment on Recipient's
behalf.
This project is subject to an 89.73/10.27 grant/match ratio meaning that ODOT
contributes up to 89.73 percent of the approved project cost, not to exceed the
Agreement amount. In the event that actual cost differs from estimated cost, the
following applies:
1) Actual cost is less than estimated cost - The State shall contribute up to
89.73 percent of the actual cost.
2)
Actual cost is more than estimated cost: The State's contribution is limited to
89.73 percent of the actual cost or the Agreement amount, which ~ver js~les.s..
c)
Recipient shall be shown as the owner on the equipment title. ODOT shall be
shown as the first security interest holder. The Governing Body shall be shown
as the second security interest holder. If Recipient fails to show ODOT as the
first security interest holder, Recipient shall pay any expenses to re-submit the
necessary dbcuments to DMV.
Page 13 of 15
o
c)
Small City and Rural Areas (5311) Operating
Recipient shall bear the cost of insuring vehicles purchased under this
agreement. Recipient shall maintain, in amounts and form satisfactory to ODOT,
such insurance or self-insurance as will be adequate to protect Recipient, vehicle
drivers and assistants, vehicle occupants, and protect equipment through the
period of use. At a minimum, this shall include comprehensive and collision
insurance adequate to repair or replace property and equipment if
damaged or destroyed, liability insurance of $10,000 for property damage,
$25,000 for bodily injury per person, $50,000 bodily injury per occasion,
uninsured motorist protection, and personal injury protection as required
by ORS Chapter 806. Recipient shall be responsible for all deductibles or self-
insured retention. Recipient shall include the Oregon Department of
Transportation, Public Transit Section as "Additional Insured".
913
Operations
a) Recipient shall track and document performance statistics, and submit quarterly
performance reports as specified by ODOT.
b) Recipient shall use the equipment to meet the transportation needs of small-city
and rural areas. Incidental use of the vehicle(s) (e.g., for meal delivery) is
permissible to the extent that such use does not interfere with the primary use of
the vehicle.
c)
d)
Recipient shall permit ODOT, the US Department of Transportation, or their
authorized representatives, to inspect all vehicles, real property, or equipment
purchased by the Recipient or any subcontractor acting on its behalf as part of
the project.
Records of maintenance to manufacturer's specifications shall be kept.
Recipient will have to either send copies of maintenance records to ODOT,
and/or provide records for review at Recipient's site. Equipment shall be
maintained to be clean, safe, and mechanically sound.
e)
Recipient shall ensure that all drivers of rolling stock have a valid Oregon
driver's license and shall have passed a defensive driving course or bus driver's
training course.
Disposal
a) Recipient shall notify ODOT of its intent to dispose of project equipment.
Recipient's interest in equipment is defined to be a share of the fair market value
in direct proportion to Recipient's contribution toward purchase cost.
b)
Recipient shall follow ODOT's instructions regarding disposition which may
include:
Page 14 of 15
l)
2)
3)
ATTAOHMENT-- ~/~ -- ODOT Agreement Number: 18427
Page J~ ot ~ Small City and Rural Areas (53 i 1 ) Operating
Transfer of property to ODOT or another entity with compensation for
Recipient's interest in the property; or,
Transfer to a separate entity with compensation for Recipient's interest; or,
Sale to the public with ODOT and Recipient dividing the proceeds of the
sale according to their respective interest in the purchase cost.
9t
Termination
a) Upon disposition of all project property and equipment purchased, ODOT shall
notify Recipient that agreement is terminated.
b) For non-use of the equipment for more than ninety (90) consecutive calendar days,
ODOT may, by written notice to Recipient, take possession and process its transfer
or disposal.
c) If tlxis Agreement is terminated for cause Recipient shall deliver project property or
equipment within twenty-four (24) hours to ODOT at its offices in Salem, or to
another agreed upon location. ODOT shall transfer, sell or dispose of the property
or equipment and distribute any funds due to Recipient.
Planning Grants
1. Planning projects are subject to an 89.73/10.27 grant/match ratio meaning that the State
contributes up to 89.73 percent of the approved project cost, not to exCeed the
Agreement Amount. In the event that actual cost differs from estimated cost, the
following applies:
a) Actual cost is less than estimated cost - The State shall contribute up to 89.73
percent of the actual cost.
b) Actual cost is more than estimated cost - The State's contribution is limited to
89.73 percent of the actual cost or the Agreement Amount, which ever is less.
The recipient may elect to contribute local money and continue the project, or
discontinue the project.
3. To receive reimbursement as described in ODOT Obligations, paragraph A, recipient
shall submit quarterly progress reports. ODOT reserves the right to request such
additional information as may be necessary to comply with federal or state reporting
requirements. Request for final payment shall include a detailed statement of r. evenues
and expenditures for the projects, including documentation of local match contributions,
and a copy of the final draft plan.
4. When consultants are used for planning projects, all third party contracts and agreements
shall be submitted to ODOT for review and approval prior to advertisement and execution.
Recipient shall submit a'copy of all executed third party agreements to ODOT.
Page 15 of 15
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator~
Public Works Program Manager J,~,''~'~
Special Transportation Grant Agreement for Fiscal Year 2000-2001
August 22, 2000
RECOMMENDATION:
Approve the attached resolution entering into an agreement known as the "STG108
Agreement" with Salem Area Transit District to receive $31,937 in Special Transportation
Grant Funds.
BACKGROUND:
The Special Transportation Fund (STF) is derived from a portion of the State of Oregon
cigarette tax and dedicated for use in providing transportation for the elderly and disabled.
These funds have been combined with other dedicated elderly and disabled transportation
funds to for the Elderly and Disabled Special Transportation Grant (STG) Fund. The city
Dial-A-Ride program has been awarded varying amounts of elderly and disabled
transportation grant funds on an annual basis since 1988.
The state allocates these funds by formula to each county and in Marion County these
grant funds are administered by the Salem Area Transit District. Through the grant
application process the City was awarded $31,937 for its Dial-A-Ride Program to provide
transportation for elderly and disabled residents of the community.
Staff recommends that the resolution be approved authorizing the Mayor to sign the
agreement on behalf of the city.
9C
COUNCIL BILL NO.
RESOLUTION NO.
2262
A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE SALEM AREA TRANSIT
DISTRICT KNOWN AS THE "STG108 AGREEMENT" FOR FY 2000-2001 AND
AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT.
WHEREAS, the City of Woodburn applied for State of Oregon Elderly and
Disabled Special Transportation Grant (STG) Funds for fiscal year 2000-2001 as
approved for under Oregon Statute, and
WHEREAS, the City of Woodburn has been awarded 931,937.00 in operational
assistance for the Dial-A-Ride program, and
WHEREAS, the Salem Area Transit District administrates the Elderly and
Disabled Special Transportation Grant Fund for Marion County. NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an agreement with the Salem
Area Transit District, which is affixed as Attachment "A" and by this reference
incorporated herein, to secure Elderly and Disabled Special Transportation Grant
Funds for Dial-A-Ride operating assistance.
Section 2. That the Mayor is authorized to execute and the City Administrator
to administer said agreement on behalf of the City.
Page 1 -
COUNCIL BILL NO.
RESOLUTION NO.
Approved as to form:
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, City Recorder
City of Woodburn, Oregon
Page 2-
COUNCIL BILL NO.
RESOLUTION NO.
ATTACHMENT "A"
Due to the length of the attachment it has not been included
with the Council packet. It will be available for review at the
Public Works office or at the council meeting.
9D
MEMO
To: For Council Action, through the City Administrator
From:
Subject:
Date:
Randy Scott, C.E Tech III, through the Public Works Dir~,.
Right of Way Dedication, Vanderbeck Lane
August 22, 2000
RECOMMENDATION:,
It is being recommended that the City Council accept the Right-of-Way as described on the
properly signed warranty deed included as Attachment "C"
BACKGROUND~
The right-of-way is being conveyed by Hidden Creek Properties to provide 20 feet of additional
right-of-way that was previously thought to ~ exist along the South side of Vanderbeck Lane
adjacent to the Heritage Park Subdivision.
In the past Marion County records have shown Vanderbeck Lane from the East line of Woodbum
Senior Estates to Boones Ferry Road to be a 40 foot wide right-of-way, centered over the section
line, 20 feet each side. With the platting of Heritage Park Meadsows on the North side of
Vanderbeck, the surveyor of record found documentation that Vanderbeck Lane was not centered
over the section line but North of the section line and has been shown incorrectly by Marion
County. Marion County Surveyor concurs with his conclusion.
Moving Vanderbeck Lane right-of-way North of the section line leaves a 20 foot gap between
the previous platting of the Heritage Park Subdivision, phase one and four. Technically this gap
area is still in ownership of the original developer, Hidden Creek Properties. The conveyance of
the 20 foot strip to the city by the owner eliminates this problem. The owners of Hidden Creek
Properties are willing to deed the property to the city and resolve this issue.
Included as Attachment "A" is a vicinity map
Included as Attachment "B" is a map of property being dedicated
Included as Attachment "C" is the properly signed
O~
W
O~W
IS ANO"I
4,VAA ~!01S¥
WARRANTY DEED
ATTACHMENT "C"
KNOW ALL MEN BY THESE PRESENTS, That Hidden Creek Properties LLC, an Oregon Corporation, hereinafter
called the grantor, for the consideration hereinafter stated, to grantor paid by CITY OF WOODBURN, A MUNICIPAL CORPORATION,
hereinafter called the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and
assigns, that cedain real property, with the tenements, hereditaments and appurtenances thereunto belonging or appertaining, situated m
the County of Marion and State of Oregon. described as follows, to-wit:
A strip of land, twenty feet in width, being all that land lying between the northerly boundaries of Heritage Park Phase 1 as recorded in the
Marion County Book of Town Plats in Volume 41, Page 59, and Hedtage Park Phase 4 as recorded in the Marion County Book of Town
Plats in Volume 43, Page 47. and the north line of Section 7, Township 5 South, Range I West, City of Woodbum. Marion County.
Oregon,
The above described parcel contains approximately 33.144 square feet of land more or less for roadway purposes
TO Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever.
And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that grantor is lawfully seized in
fee simple of the above granted premises, free from all encumbrances
and that grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims and
demands of all persons whomsoever, except those claiming
under the above descdbed encumbrances.
The true and actual consideration paid for this transfer, stated in terms of dollars, is $0.00.
However. the actual consideration consists of or includes other property or value given or promised which is the whole consideration,
In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be
implied to make the provisions hereof apply equally to corporations and to individuals.
In Witness Whereof, the grantor has execuled this instrument this 4 ~ , /~)O1~./~. ,
day of 2000; if a
corporate grantor, it has caused its name to be signed and its seal affixed by an officer or other person duly authorized to do so by order
of its board of directors.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE
PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE
TITLE TO THE PROPERTY SHOULD CHECK WITH
HE APPROPRIATE cI'rY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES.
&cceptcd by the Woodburn City Council
on 2000
9D
City Recorder
GRANTOR'S NAME AND ADDRESS
GRANTEE'S NAME AND ADDRESS
Aftcr recording return to:
NAME, ADDRESS, ZIP
Unlil a change is requested all tax statements shall be
sent to the following address:
NAME, ADDRESS, ZIP
STATE OF OREGON, County of//~'/o,q' .) ss.
is instrument was acknowledged before me on
This instrument was acknowledged before me on 1/
2000, by as
of
This instrument was acknowledged before me on
2000, by as
of
This instrument was acknowledged before me on
2000, by
[ ~ OFFICIAL SEAL
I ~'~ MARK Et ORENZ
~ ~.,~ :4OTAR¥ PUBLIC - OREGON
~ ~'~ COMMISSION NO. 3~1980
I ~MY COMMIS$~ON EXP~I~$ JUL
SPACE
RESERVED
FOR
RECORDER'S
USE
or as
STATE OF OREGON I
County of Marion )
I certify that the within instrument was
received for record on the
day of
2000 at ~ o'clock -- M and recorded in
booldrect/volume No. , on page or as
fee/file/insb-ument/mtcrofiJm/rccephon No Record
of Deeds ofs~id county Witness my hand and seal of
County affixed.
Name
Title
[)Cpuly
9E
from:
date:
subject:
Woodburn Recreation and Parks Department
Mayor & City Council via John Brown, City Administrat~~
D. Randall Westrick, Recreation and Parks Director ~1~' -
August 22, 2000
E. Walter Lawson Family Fun Run Recap
The inaugural E. Walter Lawson Family Fun Run was successfully staged on Saturday, August 19,
2000 by the Woodburn Recreation and Parks Department and Silverton Hospital. The mn featured
42 competitors in the 5,000 meter (3.1 miles) race and 51 participants in the 1 mile nm/walk bringing
the total participation to 93. Actually, the participation was probably about 100 if toddlers in buggies
and babies in bellypacks were counted.
The overall men's winner was Tom Lonergan with a time of 18:46.1 with the women's winner, Sarah
Woods posting a time of21:19.8. A complete recap of the 5k finish is attached.
The Race Organizing Committee is planning a debriefing soon to critique the 2000 race and make
plans for 2001. Already the Committee has devised new methods to streamline registration and adjust
the course to accommodate more runners. This year, the Committee contracted Spiridon Race
Management who timed the race and provided course management equipment. Next year, Spiridon
will help with regional promotion for the race. The Committee was very pleased with nearly 100
runners resulting firom a local promotional campaign.
The race was a success because of the hard work of several people. The Recreation and Parks
Department is very grateful to race cosponsor Silverton Hospital who provided T-shirts, volunteers,
promotion and expertise. Silverton Hospital also bad physical therapist staff on hand to warm up
runners before the event. We look forward to a continued partnership with the Hospital many years
into the future.
Each division within the Recreation and Parks Department played a key role in race organization.
Special thanks go to the Parks Division who set up and took down equipment. The Recreation
Division provided refreshment stations, organized the Junior Jaunt finish and helped on the course.
Aquatic Center staff organized event registration and were course monitors. Adminls' tration' even
helped with registration, course management and volunteer ret~eshments.
Special thanks also go to Officers Linda Heddck and Greg Gottschalk who helped to provide a safe
and secure race course. Matt Gwynn and his street crew also helped set up no parking cones along
Settlemier Avenue. John Brown guided the 5k runners through the course on bicycle.
9E
E. Walter Lawson Family Fun Run Recap
Pa~:e 2
The Committee thanks Mayor Jennings who provided leadership and the idea to honor Mr. Lawson's
service to our community. Mayor Jennings was also the event MC. He will be pleased to know that
the Organizing Committee will rethink celebrating the end of the race with an irrigation shower.
Attachment
; .. ,J'u ,.... I:.. L~HL I I::.I~ LHI,,,I~,UI',t P HIVlJ. L
RECREATION SILVERTON HOSPITAL
Phid~ppides of Oregon AWARD Results
p upi t'~Ul~l
CENTENNIAL
9E
PARK
PL CLAS BIB NAME
TOP WOMEN OVERALL
1 0 534 SARAH WOOD
TOP MEN OVERALL
1 0 51]. TOM LONERGAN
OALL BIB NAME
M 00-10
1 40 545 JAMIE PUERINI
CL TIME PACE
16 F F15 0:21:19.8 6:53
46 M M45 0:18:46.1 6:03
CL TIME PACE
9 M MOO 0:37:35.2 12:07
* M ],1-14
1 5 514
2 13 573
3 29 538
* F 1]-].4
] 14 572
2 25 602
3 37 532
11:04
JOE LONERGAN 14 M Mil 0:19:45,4 6:22
DANIEL SISTO 14 M MI1 0:24:13.0 7:49
NICHOLAS MAY 13 M Mll 0:28:48.2 9:17
JESSE SISTO 14 F Fl1 0:24:22.9 7:52
J'DEAN BAKER 11F Fl1 0:26:02.9 8:24
BRIDGET MAY 12 F Fll 0:35:07.1 11:20
J. 5-19
4 608
9 531
1,0 579
15-19 17 513 JENNY
31 570 KATIE
35 530 STACY
CHRIS SMITH 15 M M15 0:19:39.8 6:21
PATRICK MAY 17 M M15 0:22:05.2 7:07
JOSEPH HOLT 16 M M15 0:22:05.5 7:08
LONERGAN 16 F F15 0:24:30.4 7:54
SISTO 19 F Fl5 0:30:10.3 9:44
MAY 15 F Fl5 0:32:11.5 10:23
* M 20-24
I 16 596 AUTHUR LAWSON 20 M M20 0:24:28.1 7:54
* F 25-29
i 23 601LINDA HOLT 25 F F25 0:25:38.3 8:16
* M 30-34
1 g ~g9 PHILLIP READ 99 M MgO 0:21:4E.1 7~01
* F 30-34
I 22 588 DIANE YOUD 32 F FJO 0:25:37.8 8:16
2 24 599 TRACY READ 32 F FJO 0:25:41.7 8:17
* F 35-39
], 26 580 SUSAN BUCK
39 F F35 0:26:36.3 8:35
40-44
3 533 DEREK WILLIS 41M M40 0:19:23.5 6:15
15 574 MARIO SISTO 40 M M40 0:24:24.2 7:52
38 537 BRIAN MAY 44 M M40 0:35:07~9 11:20
* F 40-44
Page 2
Phidippides of Oregon
OALL
32
45-49 11 587 BOB SHIELDS
3g 544 MIKE PUERINI
50-54
6 501 JOE GRAZIANO
12 607 FOSTER KIMBLE
18 506 BOB LAWSON
SILVERTON HOSPITAL AWARD Results
BIB NAME CL TIME
571 TERESA SISTO 40 F F40 0:30:11.2
* M 60-64
~ 33 505 DIETER KREBEDUENKEL
:~: U 99-99
1 2 575 ARMANDO VELASIO
2 19 593 CHUCK WARREN
9E
CENTENNIAL PARK
46 M M45 0:22:06.3 7:08
45 M M45 0:37:34.8 12:07
53 M M50 0:19:50.5 6:24
53 M MSO 0:23:53.9 7:43
53 M MSO 0:24:34.0 7:55
62 M M60 0:30:16.0 9:46
99 U U99 0:19:23.0 6:15
99 U U99 0:24:34.9 7:56
PACE
9:44
9E
639 McNary Estates Drive, N.
Keizer, OR 97303
August 21, 2000
Mr. Randy Westrick
Director, Parks and Recreation
Woodbum City Hall
270 Montgomery Street
Woodburn, OR 97071
Dear Randy:
Thank you for all you did to make the first annual E. Walter Lawson 5K Fun Run such a
resounding success.
You, your staff, and the Silverton Hospital did a great job putting it all together. It was
thrilling to see so many people of all ages involved and working together; and it was a great day
to show off two of the city's fine parks. Big things and little things alike were taken into
consideration and handled, from advertising and registration to tee shirts and awards. The
orange cones on the streets, volunteers all over the place, yummy doughnuts and healthy oranges
and water, medals and plaques, stretch exercises, first aid attendants, even a pacer golf cart at the
end to be sure no one got hurt by an unaware motorist. It was all so exciting and fun. I think it
was pretty obvious everyone was having a great time. Thank you for all your hard work to make
it happen.
My Dad was pleased to be honored in such a way, and the family is very proud of him
and the city he served for so many years. We are grateful to you for providing the extra effort
and dedication that not only helped make the day a very special community event, but also
benefits the city of Woodburn every day of the year.
Thank you. We're all looking forward to next year's run!
Sincerely,
Judie Abrahamson
9F
from:
date:
subject:
Woodburn Recreation and Parks Department
Mayor & City Council via John Brown, City Administrator
D. Randall Westrick, Recreation and Parks Director ~ ~
August 22, 2000
Centennial Park Update
Construction has resumed at Centennial Park. Crews are now working on the parking lot expansion
portion of Phase 2. The parking lot project began August 21 and is expected for completion in mid-
October. This is the first step toward completing the elements funded through the recent Oregon
Parks and Recreation Department grant. These elements include:
· 1 O0 stall parking lot
· 2 ballfields
· restroom
· access paths
· landscaping
A key component in the development plan for constructing this portion of Phase 2 was participation
of an Oregon National Guard (ONG) engineering unit. The ONG was scheduled to excavate for the
project the weekend of August 12 & 13, 2000. However, on August 9, 2000, Governor Kitzhaber
mobilized the Guard to fight forest fires.
The Guard's participation is now delayed indefinitely, so the Recreation and Parks Department is now
proceeding with the parking lot. Staff expects that ONG will be available to assist with ballfield
construction. However, because the construction season is late, that portion of the project will
probably be delayed until next spring. ONG also will help to build the restroom. That project could
take place this fall and winter.
The Recreation and Parks Department decided to begin with the parking lot to take advantage of the
remainder of this construction season and to alleviate a critical need at the park. Construction could
have begun on the ballfields, but building more attractions at the park would only make the traffic
situation in the park worse. The restroom portion of the project is less weather dependent, so it can
begin in the fall and extend into the winter. Should the use of ONG forces become impractic~d for
the restroom, the Recreation and Parks Department will consider other options to complete this
portion of the project.
To provide a secure construction site and for public safety, the Recreation and Parks Department has
had to restrict access to the park's playgrounds. Access will be restored to the playgrounds as soon
as poss~le after the parking lot is complete. Other areas of the park will remain unaffected. Plans
are now in the works for temporary parking during the upcoming soccer season~
August 28, 2000
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
John C. Brown, City Admlnlstralor ~
City Attorney Employment Contract
Recommendation:
It is recommended the City Council approve, and authorize the Mayor to
execute, a revised employment agreement with the City Attorney.
Background:
The City Council executed an employment agreement with the City
Attorney in January 1997. Until 1997, the City Attorney provided legal services to
the City as a private practitioner. Pursuant to the agreement, Attorney was fully
transitioned from private practice to regular City employee status effective June
1, 1997. The agreement provides for the Attorney's working conditions,
compensation package, term, and severance provisions as a City employee. It
also provides for annual evaluation of the Attorney's performance.
Discussion:
The City Council has evaluated the City Attorney's performance three
times since the employment agreement was executed. Changes to his
compensation and benefits package were made following those evaluations.
His agreement was not, however, modified in 1998 or 1999 to reflect changes.
Following the Attorney's August 14, 2000 evaluation, the City Council approved
modifying the original agreement, to reflect all changes approved since 1997.
Attached is a revised agreement, prepared by the City Attorney, which
reflects the modifications to his agreement approved by the City Council since
1997 and eliminates language from the original contract related that addressed
the terms of the Attorney's transition from private practice to status as a City
employee. Also attached is a memo from the City Attorney indicating he
cannot represent the City in this matter due to a conflict of interest. So, the
Attorney has not reviewed the document on behalf of his client Ithe City).
Changes were, however, reviewed by City staff against the record of previous
Council actions, and accurately reflect the Council's actions in this regard.
Accordingly, your approval of the attached agreement is recommended.
JCB
EMPLOYMENT AGREEMENT
N. ROBERT SHIELDS
CITY ATTORNEY OF WOODBURN
9G
THIS AGREEMENT was originally entered into on the 28~ day of January , 1997, for
a five year term and was extended by the parties for an indefinite period of time as of the date
indicated on the signature page by and between the City of Woodburn, Oregon, municipal
corporation, hereinat~er referred to as "City" and N. Robert Shields, hereinal~er referred to as
"City Attorney", both of whom agree as follows:
RECITALS
WHEREAS, City if a municipal corporation, duly organized under the statutory authority
of the State of Oregon; and
WHEREAS, City Attorney has previously been appointed by the City Council, pursuant
to the Woodburn City Charter, and has provided legal services as a private practitioner and an
independent contractor; and
WHEREAS, City and City Attorney desire to have a written employment agreement that
creates a professional and businesslike relationship, that serves as a basis for effective
communication, and that avoids any misunderstanding between the parties as to the terms &this
employment relationship;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties hereto agree as follows:
AGREEMENT
1. GENERAL. City hereby agrees to continue to employ N. Robert Shields as the City
Attorney of Woodburn. He shall devote full time to the performance of his duties and shall not
perform any additional legal services without permission from the City Council.
2. TERM AND TRANSITION.
A. This Agreement is effective and intended to bind the parties. This Agreement
was originally for a period of five (5) years, commencing on June 1, 1997 and has been extended
for an indefinite period of time pursuant to the City Council motion on August 14, 2000.
B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the
right &City, in accordance with the Woodburn City Charter, to terminate the services &City
Attorney at any time, subject only to the provisions set forth in Section 10 &this Agreement
entitled "Severance Pay."
Page 1 - Employment Agreement - N. Robert Shields
9G
~3. TERMINATION FOR CAUSE. If City Attorney is terminated during the term of
this Agreement for cause, City shall have no obligation to pay the aggregate severance sum
designated in Section 10 entitled "Severance Pay." For the purposes of this Agreement "cause is
defined as follows:
A. Indictment for illegal action. If such indictment does not ultimately result in
conviction, then City Attorney shall receive severance pay in accordance with Section 10. If the
indictment does ultimately result in a conviction, City Attorney shall not receive severance pay; or
B. Loss by City Attorney of his Oregon State Bar license, for any reason; or
C. Willful and material failure to observe or perform the duties of his employment
hereunder; or
D. The determination by City that City Attorney has been guilty of fraud, dishonesty
or any other act of misconduct in performance of City Attorney's duties on behalf of City. Such
determination by City shall be made in accordance with disciplinary and grievance procedures set
forth in the adopted personnel policies of the city in force and effect on the date of the alleged
misconduct.
4. RESIGNATION. If City Attorney wishes to voluntarily resign his position during
the term of this Agreement, he shall be required to give City ninety (90) days written notice of
such intention. City Attorney will be available for consultation concerning ongoing legal matters
and will not jeopardize the transition by City to a new attorney or the legal position of City.
Consultation or further legal services furnished by said resignation shall be done on a fee basis
which is mutually agreeable to City and City Attorney.
5. COMPENSATION. City agrees to pay City Attorney the following as
compensation for the above-mentioned services as City Attorney:
A. Effective July 1, 2000, base compensation of $6,822 per month payable in monthly
installments at the same place and time as other City employees are paid.
B. In addition to base compensation, City agrees to pay City Attorney any cost of living
salary increases that are received by other employees employed as department heads of City.
C. Base compensation shall be subject to customary withholding of income taxes and
shall be subject to the employment taxes required with respect to compensation paid by City to an
employee.
D. City shall provide to City Attorney and City Attorney's spouse and children the same
coverage and participation that City provides to other employees employed as department heads
of City with respect to health insurance, life and disability insurance, and other fringe benefits,
except as otherwise provided herein.
Page 2 - Employment Agreement - N. Robert Shields
9G
E. City agrees to continue to pay One Hundred Percent (100%) of City Attorney's
retirement benefit paid to the Oregon Public Employees Retirement System (PERS) (i.e., both the
"employee" and "employer" portions) on City Attorney's behalf.
6. CONVERSION TO PERS.
A. City Attorney agreed to participate in the Oregon Public Employees Retirement
Program (PERS) and, prior to this time, was a fully vested employee in City's ICMA 401(a)
Money Purchase Plan. Effective on the date that City executed an agreement with PERS for
participation in its retirement system and ending on the date that City Attorney's retirement is
vested by PERS, City agrees to pay to City Attorney an amount of Compensation Pay equal to
the City's accumulated contribution to City Attorney's ICMA 401 (a) retirement plan and PERS,
including investment earnings, if City Attorney should leave city service for any reason, including
death, prior to the time his retirement account is vested with PERS. If City Attorney dies before
his PERS retirement account vests, the Compensation Pay due shall be paid to City Attorney's
estate pursuant to law.
B. Notwithstanding Section 6A above, if City Attorney should leave city service prior
to time his PERS retirement account is vested, begin work for another PERS employer, and
remain in PERS until his account vests, City shall not have any obligation to pay Compensation
Pay under this Agreement.
C. After City Attorney's retirement account is fully vested with PERS, the parties agree
that City shall have no obligation to pay any amount of Compensation Pay because City Attorney
has been made whole under the terms of this Section.
7. SICK LEAVE, VACATION AND ADMINISTRATIVE LEAVE. Based upon
his prior years of service and this Agreement, City Attorney shall be considered an employee with
fifteen (15) years of employment for the purposes of accruing vacation. City Attorney shall
accrue vacation at the rate of twenty (20) days per year. Thereafter, he will continue to accrue
vacation, sick leave, and administrative leave in accordance with the personnel rules of City.
8. ANNUAL EVALUATION. City Council shall evaluate the work performance of
City Attorney annually in or around the month of July each year. The City Council shall
communicate its evaluation to City Attorney in Executive Session.
9. OREGON STATE BAR LICENSE. City Attorney shall maintain throughout the
life of this Agreement a valid Oregon State Bar license as required by the State of Oregon in order
to practice law and appear before the courts of this State. In accord with past practice, City shali'
pay City Attorney's annual Bar dues.
10. SEVERANCE PAY. Except for City Attorney's termination for cause, as defined
in Section 3 of this Agreement, City Attorney shall be entitled to receive a lump sum payment
equal to six months salary in the event City Attorney is terminated by City during the term of the
Agreement. Termination by City, as used in this paragraph, means City Attorney's discharge or
Page 3 - Employment Agreement - N. Robert Shields
9G
dismissal by City for reasons other than cause, or City Attorney's resignation following a request
to him by the City Council that he resign, for reasons other than cause. Said sum shall be paid to
City Attorney within thirty days of the next regular City Council meeting after said termination.
11. PROFESSIONAL LIABILITY. City agrees that it shall defend, hold harmless and
indemnify City Attorney from all demands, claims, suits, action, errors, or other omissions in legal
proceedings brought against City Attorney in his individual capacity or in his official capacity, or
in his official capacity as agent or employee of City, provided the incident arose while City
Attorney was acting within the scope of his employment. If in the good faith opinion of City
Attorney, a conflict exists as regards to the defense of any such claim between the legal position
of City and City Attorney, City Attorney may engage in counsel in which event, City shall
indemnify City Attorney for the cost of legal counsel.
12. APPLICABLE LAW. This Agreement is construed under the laws of the State of
Oregon and the Woodburn City Charter.
13. ATTORNEY FEES. In the event of any suit or action herein, the prevailing party in
such suit or action shall be entitled to reasonable attorney fees to be fixed by the trial court, and if
an appeal is taken from the decision of the trial court, such further sums as may be fixed by the
appellate court as reasonable attorney fees in the appellate court, together with prevailing party
costs and disbursements incurred therein.
14. SEVERABILITY. It is understood and agreed that if any part, term, or provision of
this Agreement is held by the courts to be illegal or in conflict with the laws of the State of
Oregon, the validity of the remaining portion of the Agreement shall not be affected and the rights
and obligations of the parties shall be construed and enforced as if the Agreement did not contain
the particular part, term, or provision.
IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate and
affixed their signatures.
DATED this __ day of ., 2000.
CITY OF WOODBURN
CITY ATTORNEY
Richard Jennings, Mayor
N. Robert Shields
Page 4 - Employment Agreement - N. Robert Shields
MEMO
From the Office of the City Attorney
TO: JOHN BROWN, CITY ADMINISTRATOR
FROM: N. ROBERT SHIELDS, CITY ATTORNEY
SUBJECT: CITY ATTORNEY CONTRACT
DATE:
AUGUST 22, 2000
Attached is a draft copy of the City Attorney agreement which I have attempted to revise
consistent with the City Council's August 14, 2000 motions. I have used a redline/strikeout
format so that you can see all of the modifications.
I need to again advise you that I have an actual conflict of interest in this matter and can not
represent the City. If you believe it advisable, you may want to retain independent legal counsel
to represent the City's interest.
enclosure
14A
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Date:
To:
August 28, 2000
Mayor and City Council thru City Administrato~
From:
Planning Commission
Subject: Site Plan Review 00-14, Variance 00-05; Woodburn Fertilizer Expansion
At their meeting of August 24, 2000, the Planning Commission adopted a final order
approving an office expansion of the Woodburn Fertilizer facility located at 868 N. Front
Street. The Commission also granted a variance to allow parking within the required
setback on Mill Street.
Applicant and Property Owner:
Woodburn Fertilizer
868 N. Front Street
Woodburn, OR 97071
NATURE OF APPLICATION: The applicant requests site plan and variance approval for
an office remodel at the Woodburn Fertilizer facility. The site plan request is for the
replacement of the existing one-story office section of the facility with a two-story office.
The variance request is for parking within the required front yard 20-foot setback. The
building itself is proposed to be 20 feet from the Mill Street right-of-way, and the parking
is proposed to set back 10 feet. The current parking is seven feet from the adjacent right-
of-way.
RELEVANT FACTS: The site is located at 868 N. Front Street, further described on
Marion County Tax Assessor Maps as Township 5 South, Range 1 West, Section 07DC,
Tax Lot 10800. The site is zoned Light Industrial (IL) District and is designated on the
Comprehensive Plan Map as Industrial.
The existing use, fertilizer manufacture and sales, is a non-conforming use in the IL District
in that fertilizer manufacture is not listed as a permitted or conditional use. This proposal
does not expand the non-conforming use of the site but only creates additional office
space that would be allowed for conforming uses. Therefore, this proposal is in
compliance with Section 3.010 of the Woodburn Zoning Ordinance which specifies
conditions applicable to non-conforming uses.
14B
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982.524~
Date:
To:
August 28, 2000
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 24, 2000, the Planning Commission concurred with the Planning
Director's decision to approve an expansion of the VVoodburn 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.
14C
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodbum, Oregon 97071
(503) 982-524§
Date:
To:
August 28, 2000
._~
Mayor and City Council thru City Administrator<~-/~
From:
Planning Commission
Subject: Planned Unit Development 00-01; Modification of Links At Tukwila
At their meeting of August 24, 2000, the Planning Commission adopted a final order
approving a modification to the Links At Tukwila PUD to allow the required side yard
setback for two-story homes to be reduced from 6 feet to 5 feet.
Applicant:
W&H Pacific, Inc.
8405 SW Nimbus Ave
Beaverton, OR 97008
Property Owner:
United Properties of Oregon
P.O. Box 12900
Mill Creek, WA 98082
NATURE OF APPLICATION: The applicant requests a modification of Planned Unit
Development (PUD) 99-01, known as "The Links At Tukwila", to reduce the required side
yard setback for two-story dwellings from six feet to five feet.
RELEVANT FACTS: The applicant requests a modification to the required side yard
setback to accommodate their planned two-story site built homes which have a width of
37 feet. 55 of the 82 approved lots in the PUD have a width of 47 feet or less. The
underlying Single Family Residential District (RS) requires six-foot side yard setbacks for
two-story dwellings. In addition, condition of approval #8 of PUD 99-01 also requires six-
foot side yard setbacks for two-story dwellings. A six-foot side yard setback on both sides
of a dwelling will limit the width of the dwelling to 35 feet or less on those 55 lots, unless
a separate variance is granted for each affected lot or this modification is granted to modify
the standard applied to all lots in the PUD.
Stage II Design Review was approved for PUD 99-01 by the City Council on January 24,
2000. This approval allowed an 82 lot single family development to be developed in two
phases. Phase I consists of 44 lots on 7.37 acres and Phase 2 consists of 38 lots on 6.31
acres. The applicant's original proposal, a 93 lot development, was denied by the
14C
Planning Commission on December 9, 1999. The applicant appealed this decision to the
City Council and, prior to the appeal hearing, revised their application to provide 82 lots
with a density reduction from 6.8 to 5.99 units per gross acre. The modifications approved
by the Council are as follows:
Original Proposal
· Gated Community
· Density (gross ac.): 6.8 units
· Total No. of Lots Phase 1 and 2:93
· Average Lot Size: 3,800 sq.ft.
· Rear Yard on Golf Course: 5 ft.
· Open Space Constructed in Phase 2
· Open Space (Tract C): 11,658 sq.ft.
· Side yard: 5 ft. one side for I story
and 2 story; 6 ft. other side for 1
and 2 story
Amended Proposal
· Proposal Withdrawn
· Density (gross ac.): 5.99 units
· Total No. of Lots Phase 1 and 2:82
· Average Lot Size: 5,050 sq. ft.
· Rear Yard on Golf Course: 20 ft.
· Open Space Constructed in Phase 1
· Open Space (Tract C): 15,564 sq. ft. and
Tract B: 3,531 sq. ft.
· Side yard: 5 ft. each side for one story
and 6 ft. each side for 2 story
The proposed development is located east of Hazelnut Drive and wraps around the OGA
golf course. The property is bounded on the north side by the City's Urban Growth
Boundary and to the west and south by the golf course and single family residences. This
property is one of the last two residential "housing pods" left in the Tukwila development.
P~e2