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Agenda - 03/12/20010 7o 0 AGENDA V~OODBURN CITY COUNCIL March 12, 2001 - 7.'00p. m. 270Montgomery Street * * Woodbum, Oregon CALL TO ORDER AND FLAG SALUTE ROLLCALL ANNOUNCEMENTS AND APPOINTMENTS A. Public Hearing - April 9, 2001 at 7:00 p.m. - Woodburn Company Stores remand from LUBA (testimony limited to specific issues). PRESENTATIONS/PROCLAMATIONS Ao B. C. D. Human Rights Commission award to A.W.A.R.E. Food Bank Volunteers N. Boones Ferry Road improvements. Introduction of Dean Morrison Annual City Clean-Up Day: March 24, 2001 at 7:00 a.m. - 5:00 p.m. at United Disposal Service Woodburn facility: 2215 N. Front Street ..... 4D COMMITTEE REPORTS Ae Chamber of Commerce. Woodburn Downtown Association. COMMUNICATIONS None. BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. City Council minutes of February 26, 2001 regular meeting ........... 8A Recommended action: Approve Council minutes of February 26, 2001. Draft Planning Commission minutes of February 22, 2001 ............. 8B Recommended action: Accept draft Planning Commission minutes of February 22, 2001. Claims for the month of February 2001 ............................ 8C Recommended action: Approve claims for the month of February 2001. De Planning Tracking Sheet ......................................... 8D Recommended action: Accept the Planning Tracking Sheet. Page 1 - City Council Agenda of March 12, 2001. e 10. 11. ge Fe Building Activity Report for February 2001 ......................... Recommended action: Accept the Building Activity Report for February 2001. 8E Status report on Highway 214 sidewalk project ...................... 8F Recommended action: Receive the status report on sidewalk project. Go Report on the installation of a caution light on Highway 211 at the Wastewater Treatment Plant .................................. 8G Recommended action: Receive report on the installation of a caution light on Highway 211 at the }Fastewater Treatment Plant. TABLED BUSINESS - None PUBLIC HEARINGS None GENERAL BUSINESS Ae Be Ce De Ee Council Bill No. 2295 - -Ordinance Declaring that Blighted Areas Exist within the City of Woodburn, Recognizing the Need for an Urban Renewal Agency to Function in the City of Woodburn, and Providing for the Exercise of the Agency's Powers by the City Council ......................... llA Recommended action: Approve the ordinance declaring that blighted areas exist within the City of Woodburn, recognizing the need for an urban renewal agency and providing for the exercise of the agency's powers by the City Council of the City of }Foodburn. Council Bill No. 2296 - Resolution entering into an agreement for lease of premises for highway purposes for property in the City of Woodburn with Union Pacific Railroad ....... Recommended action: Approve the resolution ~t'e~i'n'g' [~t'o '~'~ 'a'g'r~'e'n~ ' for lease of premises for highway purposes for property in the City of Woodburn with Union Pacific Railroad. llB Council Bill No. 2297 -Resolution Calling for a Public Hearing on the Annexation of All Lands Surrounded by the City ............ llC Recommended action: Adopt resolution calling for a public hearing on the annexation of all lands surrounded by the City of tFoodburn. Community Center Planning Committee ........................... liD Recommended action: Accept report and proved direction as appropriate. Acceptance of Late Bancroft Bonds ............................... liE Recommended action: Accept Bancroft Bond applications as listed. No parking on Lincoln Street near Washington School ............... llF Recommended action: Approve the installation of no parking signs on the north side of Lincoln Stree~ Page 2 - City Council Agenda of March 12, 2001. 12. 13. 14. 15. 16. 17. 18. Ge Approval of solicitor's license for Boy Scout Troop #691 and waiver of licensing fees ................................................ llG Recommended action: Approve the solicitor's license for Boy Scout Troop #691 and waiver of licensing fees. Request from Mid-Willamette Valley Mayors Coalition regarding Senate Bill 1149 - the Electric Deregulation Initiative .......................... 11H Recommended action: Adopt a resolution asking the Oregon Legislature to postpone the implementation of Senate Bill 1149. Cancellation of March 26, 2001 Meeting ............................ 11I Recommended Action: Cancel City Council Meeting of March 26, 2001. PUBLIC COMMENT NEW BUSINESS PLANNING COMMISSION ACTIONS - These are Planning Commission actions that may be called up by the City Council. None CITY ADMINISTRATOR'S REPORT A. CATV Franchise Renewal - Community Ascertainment B. Preemption Bills - Transient Occupancy Tax MAYOR AND COUNCIL REPORTS EXECUTIVE SESSION None ADJOURNMENT Page 3 - City Council Agenda of March 12, 2001. United DispOsal Service.,. Inc. WOODBURN, OREGON 97071-5999 RI:SIDENTIAL - COMMERCIAL - INDUSTRIAL - RECYCLING TELEPHONE 503-981-1278 FAX 503-982-7930 http://www.uniteddi$13osal corn 4D FOR IMMEDIATE RELEASE - FEBUARY 6, 2001 CITY CLEAN-UP DATES SCHEDULED United Disposal Service, Inc., in cooperation with the Marion Coun.ty Solid Waste Department, has scheduled annual yard debris/wood and scrap metal/ Applainces clean-up date. Clean-up date will be March 24, 2001 7 a.m - 5 p.m at United Disposal Service Woodburn facility, 2215 N. Front St., Woodburn. Proof of residency will be required. Accepted materials will be yard debris, scrap metal, wood and applainces. A charge will be assessed for applainces containing freon such as refrigerators and freezers. For more information, contact United Disposal Service at (503)981-1278 ' I"o! · AN EQUAL OPPORTUNITY EMPLOYER MIF/DIV COUNCIL MEETING MINUTES FEBRUARY 26, 2001 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 26, 2001. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0020 ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Null, Community Development Director Mulder, Finance Director Gillespie, Public Works Manager Rohman, Park & Recreation Director Westrick, City Recorder Tennant 0075 0094. 0253 ANNOUNCEMENTS. A) Council Workshop will be held on Monday, March 5, 2001, 6:00 pm, City Hall Council Chambers, to discuss water system improvements and funding issues. CHAMBER OF COMMERCE REPORT. Don Judson, representing the Chamber, reviewed the upcoming Chamber events: 1) Business after Hours - March 15th, 4:30 pm - 6:00 pm, at West Coast Bank 2) Business after Hours - March 22nd, 4:30 pm - 6:00 pm, at Wooden Shoe Bulb Co. 3) Chamber Forum - March 21st, Woodburn Family Medical Clinic. He stated that Woodburn Medical Center is sponsoring a V2 day Drug-Free Workplace session from 7:50 am to 1:00 pm. The Forum lunch will be part of this scheduled program. He also stated that the Chamber had received 40 applicants for the Executive Director position. The interview panel will interview 6 applicants and will narrow the list to 3 applicants for the entire Board to interview. It is anticipated that an individual will be hired by the end of March. CONSENT AGENDA. A) Council meeting regular and executive session minutes of February 12, 2001; B) Planning Commission minutes (draft) of February 8, 2001; and C) Staff report on the Downtown Sidewalk Program; Page 1 - Council Meeting Minutes, February 26, 2001 8A COUNCIL MEETING MINUTES FEBRUARY 26, 2001 TAPE READING Mayor Jennings stated that the City Recorder has made changes to the Council minutes of February 12th by correcting the spelling of the street name "Camellia Way" and, within that same paragraph, changing the spelling of "Cole" to "Kohl". FIGLEY/SIFUENTEZ .... adopt the consent agenda as presented with the amendments to Council minutes. The motion passed unanimously. 0320 0662 PUBLIC HEARING: SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2000 2001: Mayor Jennings declared the public hearing open at 7:05 p.m.. Finance Director Gillespie stated that the proposed supplemental budget is a result of the Budget Committee's mid-year review. He provided an overview of the adjustments with the majority of changes updating the beginning fund balance. This is the first time the beginning fund balance is being brought up to the actual amount since it is easier to manage the fiscal affairs of the City when the actual amounts are shown on budget reports. The proposed budget also includes a $100,000 appropriation to renovate the Salud building (347 N. Front St), $50,000 appropriation for a skate park, budget adjustment in the Parks CIP fund to reflect the non-passage of the bond issue and an increase in the Centennial Park project appropriation which is being funded by a state grant, and a decrease in the Building Fund budget to reflect actual revenues being collected. Following the Committee's review, the following additional appropriations are proposed and included in the proposed ordinance: 1) $1,000 appropriation in the City Administrator's materials and services budget which is the City's contribution towards a Chamber brochure about the City, and 2) a $37,000 appropriation in the Water Fund for a generator that has just recently been received even though the order was placed in June 2000 and budgeted for in fiscal year 1999-2000. No one in the audience commented on the proposed supplemental budget. Mayor Jennings declared the public hearing closed at 7:20 p.m.. COUNCIL BILL NO. 2293 - ORDINANCE ADOPTING A SUPPLEMENTAl, BUDGET FOR FISCAL YEAR 2000-2001 AND MAKING APPROPRIATIONS, Councilor Chadwick introduced Council Bill 2293. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2293 duly passed with an emergency clause. 0719 COUNCIL BILL NO. 2294 - ORDINANCE VACATING A PORTION OF A 20 FOOT UTILITY EASEMENT WiTH i N THE IRONWOOD AT TUKWILA SUBDIVISION. Council Bill 2294 was introduced by Councilor Chadwick. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote Page 2 - Council Meeting Minutes, February 26, 2001 8A COUNCIL MEETING MINUTES FEBRUARY 26, 2001 TAPE READING for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2294 duly passed with the emergency clause. 0790 LIQUOR LICENSE APPLICATION: RUSSIAN ETHNIC FOOD, 1585 N, PACIFIC HIGHWAY. A liquor license application was submitted by Zami Gasparyan for an Off-Premise Sales license which will allow for the sale of packaged malt beverage, wine, and cider. Chief Null recommended the approval of the license to the applicant who operates a grocery store at that location. FIGLEY/KILMURRAY... approve an Off-Premise Sales liquor license for Russian Ethnic Food at 1585 N. Pacific Highway. The motion passed 5-1 with Councilor Nichols voting nay. 0832 BID AWARD #21-02: PORTABLE GENERATOR. Bids for a 60KW portable generator were received from the following vendors: Halton Equipment, $19,833.00; Pacific Detroit Diesel, $22,325.00; Cummins Northwest, $23,362.00; E.C. Power Systems, $26,343.00; and Battin Power, $29,650.00. Staff recommended the acceptance of the low bid which was below the estimated cost of $25,00o. FIGLEY/NICHOLS... award City of Woodburn Bid #21-02 for a portable diesel generator to the low bidder, Halton Equipment, in the amount of $19,833.00. The motion passed unanimously. O855 ACCEPTANCE OF A SIDEWALK EASEMENT. Staff recommended the acceptance of an sidewalk easement from Mary Chamberlain, 790 N. Settlemier Ave., since the sidewalk repaired on her property was relocated for the purpose of curving around an existing tree. FIGLEY/NICHOLS... accept the sidewalk easement for 790 N. Settlemier Avenue. The motion passed unanimously. 0880 Norris Seaton, 17240 Boones Ferry Rd. NE, expressed appreciation for the reduction of speed on Boones Ferry Rd. to 35 MPH, however, he suggested that a speed sign be placed in the vicinity of the Hwy. 214/Boones Ferry Rd intersection so that motorists driving north go the appropriate speed right after turning off Hwy. 214 rather than waiting until after the school grounds to see the traffic speed sign. He also stated that the waiting time for the traffic signal at Woodland Avenue is very lengthy and he suggested that contact be made with the State Dept. of Transportation to see if a different timing system can be implemented. Page 3 - Council Meeting Minutes, February 26, 2001 8A COUNCIL MEETING MINUTES FEBRUARY 26, 2001 TAPE READING 1016 PLANNING COMMISSION ACTIONS A) Lot Line Adjustment 01-01: The Planning Commission accepted the Community Development Director's approval of a lot line adjustment at 860 and 888 Ogle Street submitted by Paul Sedoruk. No action was taken by the Council on this Planning Commission action. 1037 MAYOR AND COUNCIL REPORTS, Councilor Kilmurray requested that the Public Works Director look into the speed sign issue brought up by Mr. Seaton. Councilor Sifuentez stated that last Friday's luncheon at MacLaren raised $370 for the AWARE Food Bank and another luncheon, along with an auction, will be held this Friday. So far, MacLaren has raised about $2,500 for the Food Bank. She also stated that she will be providing the Councilors with a copy of the School Board notes. There is a special invitation to the community for the Parent & Community Institute, March l0th, 8:30 am to 3:00 pm, Woodburn High School, which is an opportunity for the district to share with parents and the community information on events and activities that impact the education of youth. Mayor Jennings thanked the public for all of their support following the announcement of his selection as Woodburn's Senior First Citizen. 1180 ADJOURNMENT. BJELLAND/FIGLEY...meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:20 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, February 26, 2001 WOODBURN PLANNING COMMISSION February 22, 2001 8B CONVENED The Planning Commission met in a regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Vice Chairperson Commissioner Commismoner Commissioner Commissioner Comm~smoner Commissioner Commissioner Young P Cox A Fletcher P Miller P Lima P Mill A Bandelow P Lonergan P Heer P Staff Present: Jim Mulder, Community Development Director Naomi Zwerdling, Senior Planner Scoff Clark, Assistant Planner Meeting was not recorded due to machine malfunction. MINUTES A._~. Minutes of February 8, 2001 Plannin.q Commission Meeting Commissioner Fletcher moved to accept the minutes as written. Commissioner Lonerqan seconded the motion, which carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A..~. City Council Minutes of January 22, 2001 PUBLIC HEARING None FINAL ORDER None DISCUSSION ITEMS A._~. Site Plan Review 00-14 and Variance 00-05, request for extension of time for Woodburn Fertilizer. Commissioner Lima moved to accept the request for extension for Site Plan Review 00-14 and Variance 00- 05. Commissioner Loner.qan seconded the motion. Motion unanimously carried. REPORTS None Planning Commission Meeting - February 22, 2001 Page 1 of 2 BUSINESS FROM THE COMMISSION Commissioner Bandelow commented she has been approached by several people complaining about the proliferation of illegal signs along Highway 99E. Commissioner Lima pointed out there is a pick up truck on the parking lot of Linds Market with a sign in the back of the truck selling mattresses. ADJOURNMENT Commissioner Fletcher moved to adjourn the meeting. Commissioner Lima seconded the motion, which carried. Meeting adjourned at 7:11 p.m. APPROVED ROYCEYOUNG, CHAIRPERSON DATE ATTEST Jim Mulder, Community Development Director City of Woodburn, Oregon Date Planning Commission Meeting - February 22, 2001 Page 2 of 2 A/P CHECK LISTING FOR THE MONTH OF FEBRUARY 2001 8C CHECK NO 53923 53924 53925 53926 53927 53928 53929 53930 53931 53932 53933 53934 53935 53936 53937 53938 53939 53940 53941 53942 53943 539~ 53945 53946 53947 53948 53949 53950 53951 53952 53953 53954 53955 53956 53957 53958 53959 53960 53961 53962 53963 53964 53965 53966 53967 53968 53969 DEPARTMENT PETTY CASH-VARIOUS VOID VOID VOID SUPPLIES-WATER REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/~R SUPPLIES-PLANNING SUPPLIES-ENG SERVICES-POLICE SUPPliES-FINANCE SUPPLIES-VARIOUS SERVICES-ENG SUPPLIES-WWTP SERVICES-POLICE SUPPLIES-PARKS SUPPLIES-POLICE REIMBURSE-ADMIN SERVICES-POLICE SERVICES-COURT REIMBURSE-PUB WKS SERVICES-POLICE SERVICES-PLANNING SUPPLIES-ENG SUPPLIES-WWTP SERVICES-POLICE SERVICES-WATER SERVICES-POLICE SERVICES-WWTP SERVICES-COURT SERVICES-POLICE SERVICES-WATER REIMBURSE-BUILDING SERVICES-VARIOUS SUPPLIES-WATER SERVICES-VARIOUS SERVICES-ENG SERVICES-BUILDING PAYROLL-VARIOUS SERVICES-VARIOUS SUPPLIES-WWTP VENDOR NAME VENDOR NO CITY OF WOODBURN 015255 VOID VOID VOID VOID VOID VOID SUPERCOAT BEDLINERS NONE MARVIN NEWELL NONE MICHAEL BROWN NONE ]AMES PROSSER NONE ASSOCIATES HOUSING NONE FIRSI' AM TITLE NONE CENTEX HOMES NONE SANDSTRUM HOMES NONE WOODY LITFLE NONE PLANNERS TRAINING NONE MARION C7~ MAP ROOM NONE IAHT NONE VERIZON WIRELESS NONE ACKLEY TOOL CO 000040 AEROTEK INC 000080 PIONEER AMERICAS 000136 BM CLEANING SERV 001030 BASHORS TEAM ATHLETICS 001156 BLUMENTHAL UNIFORMS 001310 JOHN BROWN 001490 CASE AUTOMOTIVE 002190 CASCADE SOUND 002230 CRAIG REALTY CO 002892 FBINAA 0O507O FEDERAL EXPRESS 005080 GW HARDWARE 006405 HACH CHEMICAL 007030 IOS CAPITAL 008118 IKON OFFICE SOLUTIONS 008119 KEY INVESTMENTS 010080 DAN LUNDY 011380 MSI GROUP 012015 MARION CTY TREASURY 012223 MUFFLERS HITCHES 012655 DAN NELSON 013151 NEXT'EL COMM 013188 NORLIFT OF OREGON 013200 NW NATURAL GAS 013350 ONSITE ENVIRON 014055 OR BUILDING OFFICIALS 014125 OREGON P.E.R.S 014424 PORT GENERAL ELECTRIC 015420 PRAXAIR DISI' 015480 DATE 2/1/2001 212/2001 2/2/2001 2/2/2OOl 2/2/2OOl 2/2/2001 2/2/2001 2/2/2OOl 2/2/2OOl 2/2/2001 2/2/2OOl 2/2/2OOl 2/2/2OOl 2/2/2001 2/2/2001 2/2/2001 2/2/2001 2/2/2001 2/2/2001 2/2/2OOl 2/2/2OOl 2/2/2001 2/2/2ool 2/2/2OOl 2/2/2OOl 2/2/2001 2/2/2OOl 2/2/2001 2/2/2OOl 2/2/2OOl 2/2/2OOl 2/2/2OOl 2/2/2001 2/2/2001 2/2/2OOl 2/2/2OOl 2/2/2001 2/2/2001 2/2/2ool 2/2/2OOl 2/2/2OOl 2/2/2001 2/2/2OOl 2/2/2OOl AMOUNT $o.oo $o.oo $o,oo $350.00 $28.33 $27.65 $12.69 $7.74 $16.21 $17.57 $62.98 $27.65 $20.00 $270.00 $98.00 $147.45 $9,717.60 $260.00 $640.00 $200.00 $47.9O $372.27 $19.85 $1,935.05 $140.45 $4,6O9.48 $120.00 $27.18 $13.59 $95.00 $457.05 $11.00 $3,592.64 $9oo.oo $125.00 $1,003.00 $49.50 $11.19 $899.38 $3,402.07 $6,747.59 $614.95 $1oo.oo $99.40 $2,001.9O $14.46 Page 1 8C A/P CHECK LISTING FOR THE MONTH OF FEBRUARY 2001 53970 53971 53972 53973 53974 53975 53976 53977 53978 53979 53980 53981 53982 53983 53984 53985 53986 53987 53988 53989 53990 53991 53992 53993 5399~ 53995 53996 53997 53998 53999 54000 54001 54002 54003 54004 54005 54006 54007 54008 54009 54010 54011 54012 54013 54014 54015 54016 54017 54018 SUPPLIES-POLICE SERVICES-POI TCE SUPPliES-WATER SERVICES-VARIOUS SUPPLIES-VVVVTP SUPPLIES-WATER SERVICES-WATER SUPPLIES-C GARAGE SERVICES-VARIOUS SUPPI 1'ES-STREET SUPPLIES-STREET SUPPLIES-PARKS SUPPLIES-VARIOUS SERVICES-POLICE SUPPLIES-PARKS SUPPLIES-STREET SUPPLIES-WWTP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR SERVICES-POLICE POSTAGE MTR-VARIOUS SERVICES-WATER VOID VOID VOID SUPPLIES-WW'I-P SERVICES-STREET SERVICES-PARKS REFUND-WTR/~R REFUND-WTR/SWR REFUND-WTR/SWR PRENTICE HALL 015510 2/2/2001 PRINTRAK INTL INC 015541 2/2/2001 PUBLIC WORKS SUPPLY 015648 2/2/2001 QWEST 016202 2/2/2001 3ACK RAWLINGS 017054 2/2/2001 SLATER COMM 018522 2/2/2001 TEK SYSTEMS 019046 2/2/2001 UNOCAL:ERNIE GRAHAM 020010 2/2/2001 UNITED DISPOSAL 020020 2/2/2001 UNITED LABORATORIES 020026 2/2/2001 WESTERN POWER 022228 2/2/2001 WITHERS LUMBER 022445 2/2/2001 WBN FERTILIZER 022590 2/2/2001 WBN 24HR TOVVING 022755 2/2/2001 YES GRAPHICS 024025 2/2/2001 ZUMAR INDUSTRIES 025045 2/2/2001 ZEE MEDICAL 025070 2/2/2001 BILL FAULHABER 035240 2/2/2001 CHARLES MOHLER 035555 2/2/2001 VADA OWENS 035590 2/2/2001 ALMEDA QUIRING 035608 2/2/2001 3UNE WOODCOCK 035648 2/2/2001 3AY WOODS 035763 2/2/2001 DOROTHA BORLAND 045100 2/2/2001 SALLY BUSE 045110 2/2/2001 CORNELIUS DONNELLY 045230 2/2/2001 ALTA FULLER 045270 2/2/2001 LEONARD GIAUQUE 045290 2/2/2001 AGNES HAGENAUER 045310 2/2/2001 FRED HAYES 045315 2/2/2001 ROBERT HURST 045318 2/2/2001 BEULAH ]ORDAN 045320 2/2/2001 3 WARD O'BRIEN 045497 2/2/2001 3OAN PREZEAU 045525 2/2/2001 GERTRUDE REES 045545 2/2/2001 STEVE STURN 045585 2/2/2001 HAl-FIE VANDECOVERING 045670 2/2/2001 LINN COUNTY SHERIFF NONE 2/7/2001 US POSTAL SERVICE 020089 2/7/2001 VALLEY MAILING 021044 2/8/2001 VOID VOID VOID VOID VOID VOID BUCHANAN AUTOMATION NONE 2/9/2001 INTERIOR TECHNOLOGY NONE 2/9/2001 GENE'S HOME ELEC NONE 2/9/2001 CENTEX HOMES NONE 2/g/2001 THE LUCKEY CO NONE 2/9/2001 KARL KELLOGG NONE 2/9/2001 $45.84 $3,229.00 $164.21 $658.29 $64.24 $608.35 $368.00 $40.00 $1,608.35 $231.65 $10.57 $9.06 $114.35 $245.00 $19.40 $105.27 $25.8o $35.00 $15.00 $35.00 $14.00 $26.00 $35.00 $97.65 $42.47 $176.08 $49.29 $178.56 $62.93 $234.67 $86.18 $74.40 $174.84 $190.03 $32.24 $33.48 $18.60 $5o.oo $1,000.00 $658.8o $o.oo $o.oo $o.oo $487.64 $558.00 $75.50 $7.45 $7.45 $27.65 Page 2 A/P CHECK LISTING FOR THE MONTH OF FEBRUARY 2001 8C 54019 54020 5402! 54022 54023 54O24 54025 54026 54027 54028 54029 54030 54031 54032 54033 54034 54035 54036 54037 54038 54039 54O4O 54041 54O42 54O43 54O44 54O45 54O46 54047 54O48 54049 54050 54051 54052 54053 54054 54055 54056 54057 54058 54059 54060 54061 54062 54063 54O64 54O65 54O66 54067 REFUND-WTR/SWR SERVICES-WWTP SERVICES-LIBRARY SERVICES-I_IBRARY SUPPLIES-POlICE SUPPLIES-C STORES SERVICES-ENG SUPPLIES-PARKS SUPPLIES-WWTP SUPPLIES-PARKS SERVICES-WATER SERVICES-VARIOUS SUPPLIES-WATER SUPPI rES-VARIOUS SUPPLIES-POLICE SUPPLIES-POLICE SERVICES-FINANCE SERVICES-FINANCE SERVICES-WWTP SUPPI I'ES-WWTP SERVICES-PARKS REIMBURSE-WWTP SERVICES-VWVTP SUPPLIES-VARIOUS SUPPI_IES-LtBRARY SERVICES-C STORES SERVICES-PARKS REIMBURSE-WWTP SERVICES-PUB WKS SUPPLIES-POLICE SERVICES-PARKS SERVICES-POLICE REIMBURSE-POLICE SUPPLIES-VARIOUS SERVICES-WWTP SERVICES-PARKS SUPPLIES-PARKS SUPPLIES-C STORES SERVICES-PARKS SERVICES-POLICE SERVICES-ENG SERVICES-POI.ICE SERVICES-PARKS SERVICES-ATTY SERVICES-PARKS SERVICES-PARKS SUPPLIES-STREET SUPPLIES-VARIOUS SERVICES-VARIOUS ]EAN SCHOT~MAN NONE 2/9/2001 $3.12 AM BACKFLOW PREV NONE 2/9/2001 $50.00 STEVE TAYLOR NONE 2/9/2001 $250.00 PAUL GOLDASHKIN NONE 2/9/2001 $45.00 ]F SHELTON CO NONE 2/9/2001 $55.96 ADVANCED LASER 000066 2/9/2001 $461.75 AEROTEK INC 000080 2/9/2001 $200.00 A[RGAS-NORPAC 000109 2/9/2001 $30.20 AIR OIL PRODUCTS 000112 2/9/2001 $149.81 ALS FRUlT& SHRUB 000160 2/9/2001 $134.96 A~RK UNIFORM 000534 2/9/2001 $24.25 ARCH WIRELESS 000535 2/9/2001 $251.68 CDW GOVERNMENT 002320 2/9/2001 $3,278.62 CTL CORP 002926 2/9/2001 $579.00 DANNER SHOE CO 003036 2/9/2001 $103.95 DARE AMERICA 003037 2/9/2001 $3,320.90 DIRECT LINK 003240 2/9/2001 $315.00 DIRECT LINK OF OREGON 003241 2/9/2001 $36.88 GE CAPITAL 006045 2/9/2001 $382.71 GW HARDWARE 006405 2/9/2001 $402.30 C_J HANSEN CO 007055 2/9/2001 $679.00 ]EFFREY HANSEN 007058 2/9/2001 $23.75 ED HOOLEY 007301 2/9/2001 $380.00 IND WELDING SUPPLY 008100 2/9/2001 $124.57 INGRAM DIST GROUP 008116 2/9/2001 $3,971.49 IKON OFFICE 008119 2/9/2001 $371.29 KENTEC HEATING 010060 2/9/2001 $4,000.00 GARY KOHF[ELD 010096 2/9/2001 $23.75 KOHRING CONSTRUCTION 010105 2/9/2001 $38,175.00 LIGHTNING POWDER 011230 2/8/2001 $141.00 MARION CTY ENV HEALTH 012125 2/9/2001 $612.50 MARK CARROLL & SONS 012230 2/9/2001 $1,750.00 NITA J MARR 012232 2/9/2001 $35.90 HETROFUELING 012448 2/9/2001 $1,438.96 HOLALLA COHM 012563 2/9/2001 $25.18 MORSE BROS 012611 2/9/2001 $1,300.00 NATIONAL CHEMSEARCH 013030 2/9/2001 $1,090.40 NEOPOST 013154 2/9/2001 $145.00 NW NATURAL 013350 2/9/2001 $5,110.98 ONEA 014053 2/9/2001 $140.00 ONSITE ENVIRON 014055 2/9/2001 $464.35 OR DMV 014240 2/9/2001 $39.00 OR REC & PARKS 014431 2/9/2001 $120.00 OR STATE BAR 014500 2/9/2001 $60.00 OR STATE POLICE 014535 2/9/2001 $12.00 OVERHEAD DOOR 014700 2/9/2001 $157.00 PAULS SMALJ_ HTR 015175 2/9/2001 $35.55 PIONEER ELECTRONICS 015345 2/9/2001 $244.94 PORT GENERAL ELEC 015420 2/9/2001 $23,377.85 Page 3 A/P CHECK LISTING FOR THE MONTH OF FEBRUARY 2001 8C 54068 54069 54070 54071 54072 54073 5~074 54075 54076 54077 54078 54079 54080 54081 54082 54083 54084 54085 54086 54087 54088 54089 54090 54O91 54092 54093 54094 54095 54096 54097 54098 54099 54100 54101 54102 54103 54104 54105 54106 54107 54108 54109 54110 54111 54112 54113 54114 54115 54116 SUPPLIES-POLICE SERVICES-VARIOUS SERVICES-VARIOUS SUPPLIES-PARKS SUPPLIES-LIBRARY SUPPLIES-PARKS SUPPLIES-POLICE SERVICES-TRANS SUPPLIES-VARIOUS SUPPLIES-VARIOUS SERVICES-C GARAGE SERVICES-PARKS REIMBURSE-ATTY SERVICES-WWTP SUPPLIES-VARIOUS PE-n'Y CASH-VARIOUS VOID SERVICES-WATER VOID VOID VOID DUES-PARKS SERVICES-PARKS SERVICES-PARKS SERVICES-PARKS SERVICES-FINANCE SERVICES-ADMIN SERVICES-PUB WKS SIDEWALK SUB-STREET SUPPLIES-ENG SERVICES-PARKS SERVICES-VARIOUS SERVICES-POLICE SERVICES-STREET SERVICES-WWTP SUPPLIES-STREET SUPPLIES-LIBRARY SUPPLIES-LIBRARY SERVICES-WWTP SERVICES-POLICE SERVICES-WWTP SUPPLIES-POLICE SERVICES-PUB WKS SERVICES-FINANCE SUPPLIES-FINANCE SERVICES-PUB WKS SUPPLIES-POLICE SUPPLIES-LIBRARY SUPPLIES-LIBRARY PORTLAND PAPER 015443 2/9/2001 $81.35 QWEST COMM 016200 2/9/2001 $185.48 QWEST 016202 2/9/2001 $911.77 SAFEWAY STORES 018025 2/9/2001 $103.26 SCHOLASTIC INC 018295 2/9/2001 $196.10 SEW & VAC CENTER 018405 2/9/2001 $1,600.00 SKAGGS PUBLIC UNIFORMS 018515 2/9/2001 $260.83 STATESMAN 3OURNAL 018760 2/9/2001 $900.20 US OFFICE PROD 019100 2/9/2001 $1,695.63 UNOCAL:ERNIE GRAHAM 020010 2/9/2001 $641.34 UNITED DISPOSAL 020020 2/9/2001 $388.40 VERIZON WIRELESS 021123 2/9/2001 $19.14 KAY VESTAL 021126 2/9/2001 $49.85 WOLFERS HEATING 022460 2/9/2001 $1,840.00 YES GRAPHICS 024025 2/9/2001 $424.00 CITY OF WOODBURN 015255 2/9/2001 $123.24 VOI D VOI D $0.00 VALLEY MAILING 021044 2/16/2001 $591.20 VOI D VOI D $0.00 VOID VOID $0.00 V O I D VOI D $0.00 CALIFORNIA PARK NONE 2/16/2001 $80.00 KATE NOOSHAZAR NONE 2/16/2001 $328.16 MARLO GARC[A NONE 2/16/2001 $350.00 AM RED CROSS NONE 2/16/2001 $104.00 SKILLPATH SEMINAR NONE 2/16/2001 $199.00 ODDA NONE 2/16/2001 $145.00 ]ABBERWOCKY REST NONE 2/16/2001 $25.00 FRANK LONERGAN NONE 2/16/2001 $500.00 AEE IMAGING 000017 2/16/2001 $246.62 ABBYS PIZZA 000027 2/16/2001 $78.70 AT&T 000623 2/16/2001 $44.63 LANGUAGE LINE 000659 2/16/2001 $352.62 AXIS CURB CO 000668 2/16/2001 $7,143.12 BACKFLOVV MANAGEMENT 001033 2/16/2001 $130.00 BEN-KO-MATIC 001200 2/16/2001 $34.52 BOOK WHOLESALERS 001350 2/16/2001 $129.47 8OOKS IN MOTION 001351 2/16/2001 $6.00 CHERRY CITY ELECTRIC 002424 2/16/2001 $196.50 COMPAQ FINANCIAL 002724 2/16/2001 $118.54 CORP INC 002879 2/16/2001 $117,513.81 CRYSTAL SPRING WATER 002919 2/16/2001 $27.50 DAILY 3OURNAL 003020 2/16/2001 $105.63 DP NORTHWEST 003264 2/16/2001 $4,541.00 EMER MEDICAL PROD 004143 2/16/2001 $119.65 DALE R FRASER SALES 005334 2/16/2001 $5,310.00 GALLS INC 006011 2/16/2001 $130.75 GATEWAY 006026 2/16/2001 $2,288.00 GE CAPITAL 006079 2/16/2001 $169.62 Page 4 A/P CHECK LISTING FOR THE MONTH OF FEBRUARY 2001 54117 54118 54119 54120 54121 54122 54123 54124 54125 54126 54127 54128 54129 54130 54131 54132 54133 54134 54135 54136 54137 54138 54139 54140 54141 54142 54143 54144 54145 54147 54148 54149 54150 54151 54152 54153 54154 54155 54156 54157 54158 54159 54160 54161 54162 54163 54164 54165 SUPPLIES-WATER SUPPLIES-WWTP SERVICES-PO! TCE SERVICES-PARKS SERVICES-WWTP SUPPLIES-POLICE SERVICES-PUB KWS SERVICES-POLICE SERVICES-WATER SUPPI TES-LIBRARY SERVICES-VARIOUS SERVICES-POLICE SUPPLIES-TRANSIT SERVICES-DAR SERVICES-ENG SERVICES-WWTP SERVICES-POLICE SERVICES-LIBRARY SERVICES-ENG SERVICES-BUILDING SERVICES-PUB WKS SERVICES-WATER SERVICES-STREET SERVICES-VARIOUS SUPPLIES-LIBRARY SERVICES-I TBRARy SUPPLIES-POLICE SUPPLIES-LIBRARY SERVICES-PUB WKS SUPPLIES-POLICE SERVICES-VARIOUS SUPPI-tES-VARIOUS SUPPLIES-POLICE SUPPLIES-POITCE SERVICES-PUB WKS SUPPLIES-I TBRARy SERVICES-RSVP SUPPLIES-LIBRARY SERVICES-C GARAGE SUPPLIES-MAYOR SERVICES-CABLE TV SERVICES-POI TCE SERVICES-VARIOUS REIMBURSE-PARKS SERVICES-WATER VOID VOID VOID SUPPLIES-LIBRARY HALTON CO 0070~6 INDUSTRIAL LABSALES 008076 IND WELDING 008100 IOS CAPI'TAL 008118 IKON OFFICE 008119 KAPAK CORP 010025 'l-[MO KORKEAKOSI~ 010298 LEGACY LAB SERVICES 011188 LINDS MARKET 011240 LIBRARY VIDEO CO 011276 MARION CTY CLERK 012087 MARION CTY TREASURY 012223 METROFUEI tNG 012448 MUFFLER, HITCHES 012655 MULTI TECH ENG 012682 NICOLI ENGINEERING 013192 NORCOM 013198 NW LIBRARY BINDERY 013293 ONS1TE ENVIRON 014055 OR BUILDING OFFICIALS 014125 OR DEPT OF TRANS 014260 OREGONIAN PUBLISH 014653 PORT GENERAL ELEC 015420 QWEST 016202 QWEST DEX 016203 SIERRA SPRINGS 018460 SKAGGS UNIFORMS 018515 SUNSET BOOKS 018817 3D! LLC 019004 TAYLOR ELECTRIC 019030 TEK SYSTEMS 019046 US OFFICE PROD 019100 TIMELESS ENTERPRISES 019159 TRAFFIC DATA SERV 019215 UNION PACIFIC RAILROAD 020015 UN[V OF OREGON 020040 US POSTAL SERV 020090 VISIONS 021203 WOLFERS 022460 CHAMBER OF COMMERCE 022510 WCAT 022547 WBN FAMILY CLINIC 022587 WBN INDEPENDENT 022630 RON PALMER NONE VALLEY MAILING 021044 VOID VOID VOID VOID VOID VOID NIGHTINGALE CONANT NONE 2/16/2001 2/16/2001 2/16/2001 2/16/2001 2/16/2OOl 2/16/2OOl 2/16/2001 2/16/2OOl 211612001 2/16/2OOl 2/16/2OOl 2/16/2OOl 2/16/2OOl 2/16/2001 2/16/2OOl 2/16/2001 2/16/2001 2/16/2001 2/16/2001 2/16/2001 2/16/2OOl 2/16/2001 2/16/2001 2/16/2001 2/16/2001 2/16/2001 2/16/2001 2/16/2001 2/16/2OOl 2/16/2001 2/16/2001 2/16/2001 2/16/2001 2/16/2001 2/16/2001 2/16/2OOl 2/16/2OOl 2/16/2001 2/16/2OOl 2/16/2OOl 2/16/2OOl 2/16/2OOl 2/16/2OOl 2/20/2001 2/23/2001 2/23/2001 $35,385.85 $56.30 $11.50 $344.39 $19.79 $132.87 $375.25 $685.00 $30.00 $394.38 $947.00 $30.00 $291.76 $428.50 $6,024.03 $2,570.33 $21,463.75 $267.50 $596.13 $300.00 $16.58 $31o.46 $9,342.23 $1,156.11 $138.25 $42.00 $85.9O $29.91 $3,665.00 $100.92 $736.00 $2,231.60 $345.00 $6o.oo $12,478.93 $52.00 $340.00 $309.61 $17.32 $140.oo $1,350.00 $74.00 $1,798.88 $70.25 $500.00 $o.oo $o.oo $o.oo $6.00 Page 5 A/P CHECK LISTING FOR THE MONTH OF FEBRUARY 2001 8C 54166 54167 54168 54169 54170 54171 54172 54173 54174 54175 54176 54177 54178 54179 54180 54181 54182 54183 54184 54185 54186 54187 54188 54189 54190 54191 54192 54193 54194 54195 54196 54197 54198 54199 54200 54201 54202 54203 54204 54205 54206 54207 54208 54209 54210 54211 54212 54213 54214 SUPPLIES-PARKS SUPPLIES-LIBRARY REFUND-WTR/SWR REFUND-WTR/SWR SUPPLIES-LIBRARY SUPPLIES-LIBRARY SERVICES-POLICE SERVICES-MUSEUM REFUND-PARKS SERVICES-RSVP SERVICES-ADMIN SERVICES-PARKS SIDEWALK SUB-STREET SUPPLIES-LIBRARY SERVICES-LIBRARY SERVICES-VARIOUS SERVICES-PARKS SERVICES-ENG SUPPLIES-STREET SUPPLIES-LIBRARY SERVICES-LIBRARY SUPPLIES-LIBRARY SERVICES-WATER SUPPLIES-LIBRARY SERVICES-VARIOUS SERVICES-POLICE SERVICES-STREET SUPPLIES-C GARAGE SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-POLICE SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-PUB WKS SUPPLIES-PARKS SUPPLIES-STREET SERVICES-SELF INS SUPPLIES-VARIOUS SERVICES-COURT SUPPLIES-POLICE SERVICES-WWTP SUPPLIES-POLICE SUPPLIES-VARIOUS SUPPLIES-POLICE SUPPLIES-WW'rP SUPPLIES-VARIOUS SUPPLIES-POLICE SUPPLIES-lIBRARY SUPPLIES-lIBRARY WBN 2UNIOR CLASS NONE 2/23/2001 $37.50 MICHAELFREDERICK NONE 2/23/2001 $18.00 KIMBERLY CALDWELL NONE 2/23/2001 $6.24 JOB LOPEZ NONE 2/23/2001 $29.53 AM LIBRARY ASSOC 000250 2/23/2001 $71.10 FANHS OR CHAPTER NONE 2/23/2001 $30.00 KAH-NEE-TA RESORT NONE 2/23/2001 $316.00 SALEM CONVENTION NONE 2/23/2001 $130.00 RUBEN ALF_]ANDRO NONE 2/23/2001 $18.00 CHP INTL INC NONE 2/23/2001 $110.00 OR NATURAL Sq'EP NONE 2/23/2001 $20.00 TVYFL NONE 2/23/2001 $175.00 FRANK LONERGAN NONE 2/23/2001 $344.94 SHOWCASES NONE 2/23/2001 $17.60 PORTALS NONE 2/23/2001 $35.00 A&A PEST CONTROL 000011 2/23/2001 $133.25 ACE SEPTIC 000031 2/23/2001 $184.50 AEROTEK 000080 2/23/2001 $170.00 AG WEST SUPPLY 000096 2/23/2001 $45.13 AM INSTITUTE FOR ED 000240 2/23/2001 $99.90 AM LIBRARY ASSOC 000250 2/23/2001 $195.00 AMERICANA PUBLISHING 000370 2/23/2001 $75.00 AMTEST OREGON 000400 2/23/2001 $266.50 APPLE BOOKS 000450 2/23/2001 $52.85 ARAMARK UNIFORM 000534 2/23/2001 $1,105.28 AUTO ADDITIONS 000558 2/23/2001 $1,288.88 AT&T 000623 2/23/2001 $15.40 BATTERIES NW 001159 2/23/2001 $90.75 HOUSEHOLD BANK 001199 2/23/2001 $411.26 BIMART CORP 001275 2/23/2001 $345.17 BLUMENTHAL UNIFORM 001310 2/23/2001 $2,393.26 RR BOWKER 001375 2/23/2001 $253.11 BUSINESS EQUIP 001628 2/23/2001 $163.00 CAPITAL PAINT 002079 2/23/2001 $383.57 CASCADE COLUMBIA 002218 2/23/2001 $535.00 CHEVRON USA 002430 2/23/2001 $137.60 CIS CITY CrY INS 002488 2/23/2001 $13,213.63 COASTAL FARM 002625 2/23/2001 $246.40 MARGOT COMLEY 002686 2/23/2001 $180.25 COMMERCIAL BUSINESS 002710 2/23/2001 $580.80 CORP INC 002879 2/23/2001 $11,688.80 DARE AMERICA 003037 2/23/2001 $225.90 DAVISON AUTO PTS 003080 2/23/2001 $549.70 DAVISON AUTO PTS 003081 2/23/2001 $62.13 FAMILIAN NW 005030 2/23/2001 $640.52 FARM PLAN 005062 2/23/2001 $108.04 FOTO MAGIC 005258 2/23/2001 $84.27 GALE GROUP 006015 2/23/2001 $129.51 GAYLORD BROS 006030 2/23/2001 $265.65 Page 6 8C A/P CHECK lISTING FOR THE MONTH OF FEBRUARY 2001 54215 54216 54217 54218 54219 54220 54221 54222 54223 54224 54225 54226 54227 54228 54229 54230 54231 54232 54233 54234 54235 54236 54237 54238 54239 54240 54241 S4242 54243 54244 54245 S4246 54247 S4248 54249 54250 54251 54252 54253 54254 54255 54256 54257 54258 54259 54260 54261 54262 54263 SERVICES-COURT SUPPLIES-liBRARY SUPPLIES-VARIOUS SUPPLIES-VARIOUS SUPPliES-liBRARY SUPPLIES-POLICE SUPPLIES-WATER SUPPLIES-VARIOUS SERVICES-POLICE SUPPLIES-STREET RENT-POLICE SUPPLIES-VARIOUS SUPPliES-liBRARY SUPPliES-PARKS SUPPLIES-liBRARY SUPPLIES-C GARAGE SUPPI TES-VARIOUS SUPPliES-VARIOUS SERVICES-WWTP SUPPliES-PLANNING SUPPlIES-lIBRARY SERVICES-VARIOUS SERVICES-ENG SUPPi t ES-A'I-i'Y SERVICES-MUSEUM SUPPIIES-WWTP SUPPliES-PARKS SERVICES-WWTP SUPPlIES-PARKS SERVICES-WATER SUPP!IIES-IIBRARY SUPPLIES-VARIOUS SERVICES-VARIOUS SUPPI rES-liBRARY SUPPlIES-VARIOUS SERVICES-PARKS SUPPLIES-PARKS SUPPLIES-PLANNING SUPPIIES-TRANSI-F SERVICES-STREET SERVICES-STREET SUPPlIES-STREET SUPPlIES-WATER SUPPLIES-STREET SUPPliES-LIBRARY SUPPLIES-VARIOUS SERVICES-PARKS SERVICES-STREET SERVICES-liBRARY MARK GORELIK GRESSCO LTD GW HARDWARE HARBOR FREIGHT HIGHSMITH CO HILLYERS MID CITY HOME DEPOT IND WELDING SUPPLY IOS CAPITAL INSERTA FH-I'INGS KEY INVESTMENTS L&L BUILDING LIFE BOOKS MARION ENVIRON MARSHALL CAVENDISH MASCO'IT EQUIPMENT METROFUELING MR P'S AUTO PTS MOLALLA COMM MOUNTAIN VIEW GRAPHICS NATL GEOGRAPHIC NEXTEL COMM ONSITE ENVIRON OR DEPT OF ]USTICE OR MUSEUM ASSOC US FILTER PEPSI COLA PORT GENERAL ELEC PROMOTIONS WEST RADIX CORP RECORDED BOOKS ROTHS IGA LES SCHWAB SEEDLINGS BOOKS SIERRA SPRINGS SONITROL SOS LOCK SERV STATESMAN 3OURNAL SUBWAY SANDWICHES TEK SYSTEMS TIMS DIESEL TRUCK UNOCAL:ERNIE GRAHAM UNrFED RENTALS VIESKO QUALITY CONCRETE WEISS RATINGS WILL CHAP RED CROSS WOLFERS HEATING WBN FAMILY CLINIC WBN FLORIST 006232 006323 006405 007080 007215 007228 007280 008100 008118 008135 010080 011010 011228 012227 012235 012248 012448 012510 012563 012625 013060 013188 014055 014210 014365 015065 015225 015421 015563 017035 017102 017340 018300 018349 018460 018605 018608 018760 018814 O19O46 019167 020010 020033 021140 022128 022328 022460 022587 022600 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2OOl 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 2/23/2001 $70.00 $3,419.99 $1,099.18 $267.27 $109.30 $6.18 $78.44 $94.61 $455.24 $47.39 $3,592.64 $818.85 $32.50 $12.20 $606.85 $97.00 $1,750.63 $340.71 $1,858.95 $400.00 $13.90 $994.42 $445.53 $8o.00 $5o.oo $379.40 $508.55 $2,079.72 $99.40 $256.74 $160.70 $122.86 $150.87 $47.5o $134.50 $50.00 $82.40 $28.80 $57.00 $552.00 $163.61 $628.39 $422.50 $212.00 $195.95 $255.20 $1,479.63 $372.50 $59.00 Page 7 8C A/P CHECK LISTING FOR THE MONTH OF FEBRUARY 2001 54264 54265 54266 54267 54268 SUPPLIES-PARKS SUPPLIES-LIBRARY SUPPLIES-POLICE LEASE PAY-WATER PETTY CASH-VARIOUS WBN RENT ALL 022708 2/23/2001 WORLD MEDIA EXPRESS 022815 2/23/2001 ZEP MFG 025010 2/23/2001 WES TORAN 019183 2/27/2001 CITY OF WOODBURN 015255 2/27/2001 $583.50 $584.32 $128.49 $1,400.00 $180.32 $467,588.22 Page 8 -- _ A.~_~lioant Des Annex Anx busine 99-01, into ~ UG8 Wally Lien Gorpo~ 99-01, 7C limits c 99-01 City. E the IL; the pro 00-12 Realty Shoppi~ center; 99/219 00-01ZC 00-01 Hwy 99 ~PR Steve 2nd Ph~ 00-18 Craig Wcodbu Stores SPR Woodbun~ ExPan~ 00-25 CU School parking ~ 00-06 District St. Mary' -- Church PAR VAR Robed Subdivide 01-01, Engle acre paro LLA 01-02 into 3 lots Contracto~ SPR ~r Storage y; 00-30 ~ on ~ Shenendo SPR 01-01 Wal-Mart 102,740 sf expansion ANX Aneex~-.5 01/02, ZC Carcraff acres of 01-02 COmmercia ~ ~ property ANX 01-01, ZC Kohl 150 Ul:~t ;)1-01, Company apartment SPR Complex Project of the on SEC Co. let of PLANNING PROJECT TRACKING SHEET. Revised: 2-27-01 SPR 101-03. ~ VAR 101-03 Project PLANNING PROJECT TRACKING SHEET - Revised: 2-27-01 Post Stf Rpt CC Ord. CC Ord. ~ Due Hearm.~.~_ Du.___.~__e ~ LONG RANGE PROJECTS Annex all enclaves within the City i:~Community Development~l~[nninggVlisc 2001~Otanning Case Log CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: To: From: Subject: March 1, 2001 Jim Mulder, Community Development Director Building Department Building Activity for February 2001 1999 2000 200t Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 11 $1,030,568 6 $544,848 11 $1,459,417 Multi Family 0 $0 0 $0 0 $0 Residential Adds & Alts 5 $128,400 I $600,000 2 $190,700 Industrial 0 $0 0 $0 0 $0 Commercial Value 0 $0 3 $1,487,000 0 $0 Signs, Fences, Driveways 2 $1,150 4 $23,598 10 $33,570 Manufactured Homes 0 $0 0 $0 0 $0 TOTALS 18 $1,160,118 14 $2,655,446 23 $1,683,687 July 1 - June 30 Fiscal Year To Date $23,294,438 $25,682,887 $11,485,197 I:~Commu~ity Developmen~Bldg~Building Activity~Building Activity - 2001 ~ctivity - Fel:~uary 2001 .wpd MEMORANDUM To: The Mayor and Council through City Administrator ~ From: David Torgeson, Assistant City Engineer ~ Date: March 9, 2001 Subject: Status Report - Pedestrian Improvement Project - Highway 214 A grant application for ODOT Bicycle and Pedestrian Facilities near Woodburn High School was filed March 6, 2001. The application requested a maximum grant of $200,000. Phase 1 of the project is estimated to have a cost of $414,000. Other sources of funding include Woodbum School District, city sewer fund (for frontage of Mill Creek Sewer Pump Station), and unspent Safety Sidewalk Funds. Frank Tiwari is in contact with the School District to obtain their share of $107,000. The City shara will be derived from ICTEE and Sewer funds. Final project scope definition, design, and estimates of construction cost will be obtained via consensus of a project team, which will be assembled by ODOT during the next several weeks. David Torgeson, Assistant City Engineer, will represent Woodburn Public Works on the project team. Page1 of 1 8G MEMORANDUM To: From: Date: Subject: The Mayor and Council through City Admini~_trator ~ David Torgeson, Assistant City Engineer ~ March 9, 2001 ' / - Status Report - Flashing Safety Light - Hwy 211 & Entrance to WWTP Installation of a traffic warning light at the entrance to Woodburn Wastewater treatment Plant is a condition of the approval for the plant. The light is intended to demonstrate the potential hazard existing at that intersection form sub-standard sight distance. Other solutions, including regarding Highway 211 were deemed too costly for the City.. Materials for the warning light installation have been obtained by Public Works. A permit for the installation has been processed by Portland General Electric, who will install the poles, widng, and controller. The work order does not specify an actual projected completion date, but informally, PGE reveals that work will be accomplished within the next two weeks. Installation of the signal at the entrance to the Waste Water Treatment plant is being performed by the City, at municipal expense, and not by ODOT. Page I of I llA March 12, 2001 TO: FROM: SUBJECT: Honorable Mayor and Ci~ .Council~ John C. Brown, City Adm~mstrator'~ Ordinance Establishing an Urban Renewal Agency Recommendation: It is recommended the City Council adopt the attached Ordinance Declaring that Blighted Areas Exist within the City of Woodburn, Recognizing the Need for an Urban Renewal Agency to Function in the City of Woodburn and Providing for the Exercise of the Agency's Powers by the City Council of the City of Woodburn. BackRround: In October 2000, you accepted an urban renewal feasibility study, and directed staff to proceed with forming an urban renewal district. Since October, downtown visioning and design activities were initiated and an urban renewal planning committee was appointed to assist city staff and the City's consultant in developing an urban renewal plan. The planning committee has considered the proposed district boundaries, and is working on the portion of the plan associated with the program activities. Urban Renewal activities in Oregon are conducted pursuant to ORS 457, et sec. Among its provisions, the statute creates an urban renewal agency in each of Oregon's municipalities and establishes the powers of those agencies (Attachment 1 ). City Councils may activate an agency upon declaring that blighted areas exist, finding there is need for an urban renewal agency to function, and electing to exercise the powers of the agency consistent with one of the governance alternatives provided by the statute. This is done by a non-emergency ordinance. Agency alternatives provide for governance by a Housing Authority, a separate Board or Commission, or by the City Council acting as the agency. The City Council may, once the agency is activated, transfer its authority to another body, based on changes in need and preference. During formation, the agency is responsible for reviewing and accepting the proposed urban renewal plan, and for recommending it to the City Council. Following formation, the agency is responsible for governing renewal activities within the district. Discussion: Attached is the ordinance required of your Council to activate an urban renewal agency. it declares blighted areas exist within the City of Woodburn, recognizes the need for an urban renewal agency, and provides for the exercise of the agency's powers by the City Honorable Mayor and City Council March 12, 2001 Page 2. llA Council of the City of Woodburn. Attachments to the ordinance identify proposed district boundaries and blighting conditions within those boundaries, and provide the legal findings necessary for your council to activate the agency. With respect to exercising the agency's powers, it is common for City Councils to elect to act as the urban renewal agency within their jurisdictions. The City Council is recommended to serve as the agency at this time, to expedite district formation. Depending on the recommendations of the urban renewal planning committee and your own preferences, you may elect to transfer those powers to another body in the future. The City's consultant has advised that it is timely for the City Council to activate the urban renewal agency for the City of Woodburn. Once activated, it will be able to conduct its statutory responsibilities associated with forming the City's urban renewal district. Accordingly, your approval of the attached ordinance is respectfully recommended. llA Attachment 1 URBAN RENEWAL AGENCIES; PLANS; ACTIVITIES 457.0:35 Urban renewal agencies; creation; ordinance to exercise powers; jurisdiction. (1) In each municipality, as defined in ORS 457.010, there hereby is created a public body corporate and politic to be known as the "urban renewal agency" of the municipality. However, the urban renewal agency shall not exercise its powers until or unless the governing body of the municipality, by nonemergency ordinance, declares that blighted areas exist in the municipality and that there is need for an urban renewal agency to function in the municipality and elects to have the powers of an urban renewal agency exercised in any of the three ways provided in ORS 457.045. (2) An urban renewal agency, upon activation under subsection (1) of this section, shall have authority to exercise its powers within the same area of operation given a housing authority of the municipality under ORS 456.060. [Formerly 457.130] 457.045 Election of method of exercise of urban renewal agency's powers. The governing body of a municipality shall, in the ordinance adopted under ORS 457.035, elect to have the powers of an urban renewal agency under this chapter exercised in one of the following ways: (!) By a housing authority of the municipality established pursuant to the Housing Authorities Law in which case the name of the body corporate and politic shall be the "housing authority and urban renewal agency" of the municipality. (2) By appointing a board or commission composed of not less than three members. (3) By the governing body, itself, provided, however, that any act of the governing body acting as the urban renewal agency shall be, and shall be considered, the act of the urban renewal agency only and not of the governing body. [Formerly 457. ! 40] 457.055 Transfer of agency powers. At any time following adoption of the ordinance under ORS 457.035, or for urban renewal agencies activated before October 3, ! 979, at any time following adoption of a proper resolution or ordinance of the governing body of the municipality, the governing body of a municipality may, by ordinance, transfer the authority to exercise the powers of the urban renewal agency to any other body authorized to exercise those powers under ORS 457.045. All duties and obligations of the urban renewal agency shall thereafter be assumed by the body to which those powers are transferred. [1979 c.621 s. 16 (enacted in lieu of 457.145)] 11A COUNCIL BILL NO. 2295 ORDINANCE NO. AN ORDINANCE DECLARING THAT BLIGHTED AREAS EXIST WITHIN THE CITY OF WOODBURN, RECOGNIZING THE NEED FOR AN URBAN RENEWAL AGENCY TO FUNCTION IN THE CITY OF WOODBURN AND PROVIDING FOR THE EXERCISE OF THE AGENCY'S POWERS BY THE CITY COUNCIL OF THE CITY OF WOODBURN. WHEREAS, there exists within the City of Woodburn, Oregon, blighted areas as defined in ORS 457.010; and and WHEREAS, such blighted areas impair economic values and ad valorem tax revenues; WHEREAS, there is a need for an urban renewal agency to function in the City; and WHEREAS, ORS 457.035 authorizes the creation of a public body corporate and politic to be known as the "Urban Renewal A e " · g ncy of the C~ty; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Based upon the findings marked Exhibit "A," attached hereto and incorporated by reference as fully set forth herein, the City Council of the City of Woodburn, Oregon, hereinafter referred to as City of Woodburn, hereby finds and declares that blighted areas, as defined in ORS 457.010, exist within the City of Woodburn. Section 2. The City Council declares and recognizes that there is a need for an Urban Renewal Agency to function within the City of Woodburn. Section 3. The City Council further declares, pursuant to ORS 457. 045(3), that all of the rights, powers, duties, privileges and immunities granted to and vested in an Urban Renewal Agency by the laws of the State of Oregon shall be exercised by and vested in the City Council of the City of Woodburn, provided, however, that any act of the governing body acting as the Urban Renewal Agency shall be, and shall be considered, the act of the Urban Renewal Agency only and not of the City Council. Section 4. The corporate name of the agency provided by this Ordinance shall be, and said agency shall be known as "The Urban Renewal Agency of the City of Woodburn." Section 5. The term of office of each member of the Urban Renewal Agency shall be concurrent with each member's individual term of office as a member of the City Council. Page I - COUNCIL BILL NO. ORDINANCE NO. llA Approved as to form: N. Robert Shields, City Attorney Approved: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodbum, Oregon Date Richard Jennings, Mayor Page 2 - COUNCIL BILL NO. ORDINANCE NO. EXHIBIT,,, /~ Page .__/__ of ~ EXHIBIT A. FINDINGS RELATED TO THE EXISTENCE OF BLIGHTED AREAS IN THE CITY OF WOODBURN The consulting firm of Spencer and Kupper prepared an urban renewal feasibility study in September 2000. This study, and a study by City staff dated October 2, 2000 evaluated blighting conditions in a preliminary study area. The City's urban renewal planning committee revised the preliminary study area boundaries as shown on the map appended hereto as Attachment 1, and City staff revised its study to evaluate blighted conditions within the revised study area. The conclusions of the consultant's feasibility study and the October staff report, as revised March 2001, are as follows: Depreciated values and reduced utilization of the area.. The total assessed valuation of land (exclusive of Right-of-way) within the proposed renewal area boundary is estimated at approximately $24,000,000 for the 1999-2000 tax year. That represents an assessed valuation of only about $109,100 per acre, an extraordinarily low figure for an urban area. The value per acre reflects a high incidence of vacant and underutilized land within the area. The study area includes large tracts of vacant, underdeveloped land along Highway 99E, and in the area Southeast of the Woodburn interchange of I-5. The low value per acre also reflects a significant number of vacant, or poorly maintained properties within the downtown area, and along Young Street. These conditions point to an unproductive condition of potentially useful land, and a reduction in proper utilization of the area. These under-productive areas also result in added costs to the taxpayers for the creation of new public facilities and services elsewhere. The presence of these underutilized areas meets the ORS definition of blight. Bo Inadequate streets, rights-of-way, and utilities: The City of Woodbum Public Works Department surveyed the proposed project area for deficiencies in curbs, sidewalks, streets, water, sewer, and other infrastructure elements. The results of the survey are contained in a report dated October 2, 2000, as amended in March 2001. Numerous deficiencies in curbs, sidewalks, streets, handicapped access, storm sewer connections, and storm water drainage were discovered. As summary listing of the deficiencies is appended hereto as Attachment 2. The full report and photographs are available for review at the City of Woodburn offices. Obsolete and deteriorated buildings: A windshield survey of buildings in the project area was conducted in September 2000. The purpose of the survey was to identify properties which appeared to be in need of major maintenance or rehabilitation. These properties would meet the definition of obsolete or deteriorated buildings. There are numerous buildings within the downtown commercial area that exhibit signs of poor or deferred exterior maintenance, and would benefit from rehabilitation assistance. In addition, many properties within the downtown area have been re-modeled over time, with major modifications and additions to facades, window openings, and canopies. The quality and appearance of the modifications is mixed, at best. The result gives downtown Woodburn the appearance of an obsolete and declining commercial area. The survey also llA Exhibit 1 to Ordinance Establishing an Urban Renewal Agency Page 2. EXHIBI'r of/~ ~ Page ~,, llA showed several residential structures along Young Street to be in need of major repairs and rehabilitation. It is not possible to tell from an exterior survey the possible extent of rehabilitation needed on these properties, or whether rehabilitation is economically feasible. Photographic documentation of examples of the described building conditions is contained in a report on area conditions prepared by the Woodburn Public Works Department on October 2, 2000 and revised in March 2001. The full report and photographs are available for review at the City of Woodburn offices. Findings: Based on preliminary evaluation of the conditions found within the preliminary urban renewal area boundary, the proposed renewal area qualifies as a "blighted area" within the definition found in ORS 457. Zl.U 0n- ~--z Om llA ATTACHMENT 2 Executive Summary Urban Renewal District Infrastructure Report EX.,s,L., /} Page~ of , ~ p.reviqus Action~ A draft report was submitted by Public Works to the City Administrator on October 2, 2000. The report suggested potential projects that should be undertaken if an Urban Renewal District were formed in Woodburn. The report indicated, in outline form, categories that included underground utilities, roadway repair, Curb and Sidewalk replacement, Signage, Street Furniture, Bikeways, and landscaping, among others. The report focused on improvements within public rights-of- way, and documented, with photographs, the blighted conditions in the downtown area and nearby parts of the district. (The definition of blight in ORS 457.010 includes conditions, which are detrimental to the safety of the community.) Buildings with broken windows, some boarded up, are evident, as are shattered sidewalks. Loose roof drains; deteriorated awnings and parapets can also be seen. The October report considered an area for a proposed district that would include the downtown, Young Street, Highway 99E (from the south City Limits to Highway 211), and Hayes Street (west to a parcel adjoining I-5). Total area of the district, within City Limits, was 239 acres. Projects in the district will include those which are visible at the surface, like sidewalks and curbs. (These directly address the blight.) Other projects improve the function of utility systems that serve the predominately older areas of the city. The full report is available for review in the office of the City Administrator Amendments ,to I~he Re~ A public forum was held in February 2001. Comments by attendees indicated the public's concern about the safety of Highway 214, particularly for school-age children attempting to cross the roadway. At the February 28 rr=cting of the Urban Renewal Planning Committee, the issues of safety on Highway 214 were addressed. The Committee agreed that Highway 214 be added to the district, and that Hayes Street be removed. The distdct boundaries currently receiving consideration (indicated "Option 2" on the map) include Highway 214, betwccn Evergreen and Front Streets. The limits of North Front Street have also been extended to include the intersection with Highway 214, where safety and capacity-related improvements are needed. Thus, the deficiencies in Highway 214, affecting motorists and pedestrians, may be subject to projects undertaken with Urban Renewal funds. Improved access to the downtown area derived from these activities will also provide benefit to the city, because the major transportation problems facing the community can be addressed in this fashion. March 9, 2001 llB MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator~ Public Works Program Manager Lease Agreement with Union Pacific for Front Street Improvements March 5, 2001 RECOMMENDATION: Approve the attached resolution entering into a lease agreement with Union Pacific Railroad Company for use of railroad property for highway purposes in exchange for use of the city water tower for a communication antenna. BACKGROUND: As part of the ongoing effort to do preliminary design of a South Front Street improvement, the available right of way width along the entire street length was evaluated. It was determined that additional right of way was required along the entire length of South Front from Cleveland Street to Parr Avenue because of the location of the existing curb. As part of the overall evaluation of right of way availability, contact was made with the Union Pacific Railroad Company. It was the original city position that the city already controlled the portion of the right of way that is the subject of this lease. Union Pacific asserted that their position was that the property in question was actually railroad property. This lease allows the city to utilize the property and avoids what could have been a lengthy process to determine if the city assertion that the property in question was actually city right of way was correct. The area that is the subject of the Union Pacific Railroad lease is outlined on the attached map. The proposed rental rate for use of the railrOad right of way is a nominal amount. In consideration for the lease of property for highway purposes, the city has agreed to provide the city water tower for use by Union Pacific for a communications antenna. The value of the right of way proposed for use by the city for right of way is in proportion to the value of the tower space. The city currently leases approximately.103 acres from Union Pacific on which is located a city building for $3,000. The value of the approximately .324 acres of Front Street property is at least as valuable and represents a value comparable to the tower space. Staff recommends approval of the resolution authorizing the mayor to sign the agreement on behalf of the city. lib COUNCIL BILL NO. RESOLUTION NO. 2296 A RESOLUTION ENTERING INTO AN AGREEMENT FOR LEASE OF PREMISES FOR HIGHWAY PURPOSES FOR PROPERTY IN THE CITY OF WOODBURN WITH UNION PACIFIC RAILROAD COMPANY AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, The City of Woodburn desires to make street improvements to South Front Street in the City, and WHEREAS, The Union Pacific Railroad Company owns property on which a portion of the proposed street improvements will be constructed, and WHEREAS, The City and Union Pacific Railroad Company have agreed to a lease agreement for the property that is required for the desired street improvements, and WHEREAS, The City must complete an agreement for lease of premises for highway purposes with the Union Pacific Railroad Company to utilize the property for the desired street improvements to South Front Street; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement, which is affixed as Attachment "A" and by this reference incorporated herein, for lease of property in the City of Woodburn with the Union Pacific Railroad Company. Section 2. That the Mayor of the City of Woodburn is authorized to sign said agreement on behalf of the City. Page I - COUNCIL BILL NO. RESOLUTION NO. liB Approved as to form~~, City Attorney APPROVED: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. RESOLUTION NO. Lease of Premises for Highway Purposes at Milepost 734.94 llB Folder: 01885-31 Audit No: 217659 THIS AGREEMENT, made and entered into as of the __ day of , 2001, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Lessor"), and WOODBURN CITY OF, to be addressed at 270 Montgomery Street, Woodburn, Oregon 97071 (hereinafter the "Lessee"). WITNESSETH: IT IS MUTUALLY COVENANTED AND AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Section 1. LEASE; TERM. The Lessor hereby leases to the Lessee for a term of twenty (20) years effective as of the date first herein written, unless sooner terminated in accordance with the terms hereof, the premises (hereinafter "Leased Premises") shown on the legal description dated February 27, 2001 marked Exhibit "A", hereto attached. , Section 2. CONSIDERATION As reasonable consideration for this Lease, Tenant agrees to lease to Landlord, for communication purposes, on the City of Woodburn owned water tower, Marion County, Oregon. The lease of thee premises for communication purposes shall be memorialized by the parties in a separate Lease of Premises for the operation, maintance, and repair of antenna facilities; antenna pole, antennas, coax, electronic equipment and equipment cabinet(s) or vault(s) and related improvements and/or to replace antennas (with antennas of equal or smaller size) or electronics within equipment cabinets or vaults. Thise document shall be executed in a form acceptable to both parties by May 1, 2001. Section 3. TAXES; ASSESSMENTS; CONSTRUCTION; LIABILITY. The Lessee also agrees to assume ali taxes and assessments levied upon the Leased Premises during the continuance of this Lease, not including taxes or assessments levied against the Leased Premises as a component part of the railroad property of the Lessor in the state as a whole; to construct and maintain the highway on the Leased Premises in accordance with plans and profiles submitted to and approved by the Chief Engineer of the Lessor before the work is commenced; to keep the Leased Premises free from combustible material; to plant no trees or shrubbery thereon without the previous written consent of the Lessor, and to erect no structures thereon except such as may be necessary for highway purposes; to put nothing upon the Leased Premises which might obstruct or interfere with the view; to provide, in locations and in accordance with plans approved by the Lessor before the work is commenced, such ditches, culverts, bridges and other structures as may be necessary to properly care for the drainage from the Leased Premises and the adjoining right of way of the Lessor; and to hold the Lessor harmless from any and all damages to any of such structures on the Leased Premises arising from Folder 01885-31 ~ Lease of Premises Page I ATTAOH~ENT For Highway Purposes Page [ of :.:..:~~ri~ February 27, 2001 fire caused directly or indirectly by sparks or fire emitted from the engines or trains of the Lessor; and further to hold the Lessor harmless from any damages to the highway upon the Leased Premises which may result from the construction or maintenance of drainage ditches or waterways by the Lessor. The Lessee shall, in the construction, maintenance and improvement of the highway on the Leased Premises, take every precaution to prevent damage to, or the impairment of the stability of, the poles in any pole line of the Lessor or of its tenants; and the Lessee shall, at its own expense, reset or relocate, at and under the direction of the Lessor any pole or poles that are, or are likely to be, damaged or weakened because of the construction of such highway or the maintenance or improvement of the same, or shall reimburse the Lessor for the cost of resetting or relocating any such pole or poles if the Lessor elects to do the work itself. Section 4. COST OF CHANGES. In connection with the construction of the highway on the Leased Premises the Lessee shall assume the cost of any necessary changes within the limits of the right of way of the Lessor in the construction, grade or drainage of highways or other roadways crossing the Lessor's right of way. Section 5. REPOSSESSION FOR RAILROAD PURPOSES; SUBJECT TO MINERAL DEED DATED AS OF APRIL 1, 1971. The Lessor reserves the right to take possession of all or any portion of the Leased Premises whenever the use thereof may become necessary or expedient, in the judgment of the Lessor, for railroad purposes, including the location of public or private warehouses, elevators, or other structures with the design to facilitate and promote traffic; PROVIDED, however, that in the event the Lessor elects to take possession of all or any portion of the Leased Premises in accordance with this reservation, it shall first serve upon the Lessee ninety (90) days' written notice of such election. This Lease is made subject to deed dated as of April 1, 1971, whereby Lessor conveyed to Union Pacific Land Resources Corporation all minerals and mineral rights of every kind and character now known to exist or hereafter discovered, including, without limiting the generality of the foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and dispose of, such minerals by any means or methods suitable to Union Pacific Land Resources Corporation, its successors and assigns, but without entering upon or using the surface of the lands hereby leased, and in such manner as not to damage the surface of such lands or to interfere with the use thereof by thc Lessor, its successors and assigns. Section 6. RESERVATION OF RIGHT TO CROSS LEASED PREMISES WITH RAILROAD TRACKS. The Lessor reserves the right to cross the Leased Premises with such railroad tracks as may be required for its convenience or purposes in such manner as not unreasonably to interfere with their use as a public highway. In the event the Lessor shall place tracks upon the Leased Premises in accordance with this reservation, it shall, upon completion of such tracks, restore the highway across the same to its former state of usefulness. Section 7. USE OF LEASED PREMISES. The Lessee shall not use the Leased Premises or permit them to be used except for the usual ordinary purposes of a street or highway, and it is expressly understood and agreed that such purposes Folder 01885-31 ATTAOH ENT ~ Lease of Premises For Highway Purposes Page 2 February 27, 2001 lib shall not be deemed to include the use by the Lessee, or by others, of the Leased Premises for railroad, street or interurban railway or other rail transportation purposes or for the construction or maintenance of electric power transmission lines, gas, oil or gasoline pipelines. Section 8. SUPERIOR RIGHTS. This Lease is subject to all outstanding superior rights (including those in favor of licensees and lessees of the Lessor's property, and others) and to the right of the Lessor to renew and extend the same; and it is understood that nothing in this Lease contained shall be construed as a covenant to put the Lessee into possession or to protect the Lessee in the peaceable possession of such premises. Section 9. SPECIAL ASSESSMENTS. No special assessments for establishing or improving the highway located upon the Leased Premises are to be made against the adjacent railroad right of way of the Lessor, and the Lessee agrees to protect the Lessor against and save it harmless from such special assessments. Section 10. CONSTRUCTION, MAINTENANCE AND RELOCATION OF FENCES AND BARRIERS. The Lessee agrees that, at points where the Lessor at the date hereof maintains a fence on its right of way between its track and the inner margin of the Leased Premises, the Lessee will, at its own cost and expense, move such fence to the inner margin of the Leased Premises, and that, at points where the Lessor does not maintain a fence in such location, the Lessee will construct a fence on the inner margin of the Leased Premises when and where requested in writing by the Lessor. The Lessee further agrees to assume the responsibility of constructing or of making such arrangements as may be necessary with owners or lessees of property abutting upon the right of way along the line of such highway for constructing, maintaining and repair fences on the outer margin of the Lessor's right of way, and to relieve the Lessor of all obligation, if any there be, to establish or maintain fences upon the outer margin of its right of way and of all expense incident to the construction, maintenance and repair of such fences. In the relocation of existing fences and in the construction of new fences in accordance with the provisions of this section, the Lessee shall, at its own cost and expense, also relocate or construct such wing fences that may be necessary and also any necessary connections with existing fences of the Lessor. All fences shall be in accordance with the standards of the Lessor and all work of relocating and constructing fences shall be done in a manner satisfactory to the Lessor. At points where the highway is higher than or on the same level as or less than two (2) feet below the level of tracks of the Lessor and forms a curve convex to such tracks, the Lessee, at its expense, shall construct and thereafter maintain substantial barriers on the track side of the highway so as to prevent vehicles moving from such highway or being overturned or thrown therefrom across the roadbed or tracks of the Lessor, and such barriers shall be of such nature, material, dimensions and strength as shall be approved by the Chief Engineer of the Lessor. Section ! 1. PROTECTION OF REVERSIONARY INTERESTS. For the purpose of protecting the reversionary interests of the Lessor against the assertion of adverse rights, the Lessee agrees to prevent encroachments upon the Leased Premises, and to this end will, at its own expense, take all necessary action, including as far as practicable the building of its ditches on and the borrowing of earth from the outer margin of the Leased Premises. liB Folder 01885-3 ATTA~-I F:NT ~ Lease of Premises For Highway Purposes Page 3 February 27,2001 Section 12. TERMINATION ON DEFAULT. 1 lB If the Lessee should breach or fail to keep any of the covenants or conditions hereof, or fail to perform such covenants or conditions, or to remedy the same for thirty (30) days after written notice of such failure or breach on the part of the Lessee, given by the Lessor to the Lessee, then this Lease shall be null and void. Section 13. TERMINATION ON NONUSER. Nonuser by the Lessee of the Leased Premises for highway purposes continuing at any time during the term hereof for a period of eighteen (18) months shall, at the option of the Lessor, work a termination of this Lease and of all rights of the Lessee hereunder, and nonuser by the Lessee ora portion of the Leased Premises continuing for a like period shall, at the option of the Lessor, work a termination of all rights and interests of the Lessee with respect to such portion. Section 14. RAILROAD PROTECTIVE LIABILITY INSURANCE. The Lessee agrees that any contractor performing work contemplated hereunder shall be required to procure for and on behalf of the Lessor and to keep in effect, during the entire period of the operations of such contractor or any subcontractor, insurance of the kinds and amounts stated in the Railroad Protective Liability Form, marked Exhibit B, attached hereto, such insurance to be acceptable to the Lessor and to be in addition to any other forms of insurance or bonds required under the terms of any contracts between the Lessee and such contractor or subcontractors. The originals of all policies of insurance required under Exhibit B shall be furnished to the Lessor and shall be acceptable to and approved by the Lessor as to form, substance and execution and as to the insurer issuing such policy or policies. Such insurance shall be kept in effect until all of the work to be performed by such contractor or subcontractors shall have been completed and formally accepted by the Lessee. Section 15. PROTECTION OF FIBER OPTICS. Fiber optic cable systems may be buried on the Lessor's property. Lessee shall telephone the Lessor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Leased Premises. If it is, Lessee will telephone the telecommunicationscompany(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Leased Premises. In addition to the liability terms elsewhere in this Lease, the Lessee shall indemnify and hold the Lessor harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorneys' fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of the Lessee, its contractor, agents and/or employees, that causes or in any way or degree contributed to (a) any damage to or destruction of any telecommunications system by the Lessee, and/or its contractor, agents and/or employees, on Lessor's property, (b) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Lessor's property, and/or (c) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of, such telecommunication company(les). Section 16. LESSEE NOT TO ASSIGN OR SUBLET. Folder 01885-31 l~ Lease of Premises Page 4 For Itighway Purposes February 27, 2001 Page ~. of ,. '~J~ This Lease is not to be assigned, nor is any portion of the Leased Premises to be sublet, without the written consent of the Lessor. The Lessee will surrender peaceable possession of the Leased Premises at the expiration of this Lease. llB Section 17. SUCCESSORS AND ASSIGNS. All covenants and agreements herein recited are made by the parties hereto for, and shall be binding upon, themselves and for their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY CITY OF WOODBURN By: Manager - Real Estate By: Title: NOTE: Folder 01885-31 Lease of Premises For Highway Purposes Page 5 February27,2001 NOTE: BEFORE YOU BEGIN ANY WORK, SEE AGREEMENT FOR FIBER OPTIC PROVISION. EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY WOODBURN, OR M.P. 734.940 - Brooklyn Subdivision Subdivision Lease to WOODBURN CITY OF SCALE: 1" = 000' REAL ESTATE DEPARTMENT OMAHA, NE Date: February 27, 2001 Folder: 01885-3 I * LEGEND* Lease Area Shown ................................................... Dot Screen (RR)R/W Outlined .................................................. liB NOTE: BEFORE YOU BEGIN ANY WORK, SEE AGREEMENT FOR FIBER OPTIC PROVISION. EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY WOODBURN, OR M.P. 734.940 - Brooklyn Subdivision Subdivision Lease to WOODBURN CITY OF SCALE: 1" = 000' REAL ESTATE DEPARTMENT OMAHA, NE Date: February 27, 2001 Folder: 01885-3 ! * LEGEND* Lease Area Shown .................................................. IIWlMI (RR)R/W Outlined ATTACI-'~4ENT~ Page -,.~-- of .-.,P.===.. llB EXBIBIT A DESCRIPTION OF LEASED PREMISES RIGHT-OF-WAY/UTILITY EASEMENT The leased premises constitute a strip of land, being 5.00 feet in width, lying Southeasterly of, adjacent to, and parallel to the Southeasterly right-of-way line of South Front Street, beginning at the South right-of-way line of East Cleveland Street and running Southwesterly 2,825 feet more or less to the Easterly line of South Settlemier Avenue. Lease Area = 14,113.44 Square Feet (0.324 acre) Written by JRR February 27, 2001 ATTAC~ ENT_~_.~ .Page ~ of ~ EXHIBI[ B-I Public Road Insurance Requirements 11B Political Body and/or its Contractor/Subcontractor shall, at its own and/or its Contractor's/Sutx:ontractor's sole cost and expense, procure the following kinds of insurance and promptly pay when due all premiums for that insurance. If it so elects Railroad shal~ have the right to obtain such insurance and Political Body Shall promptly reirrOurse Railroad for that expense. [he following insurance shall be kept in force during the life of this Agreen~nt. General Public Liability insurance providing bodily injury, including death, Personal injury and proberty damage coverage with a cc~b ned s ngle limit of at least $2,000,000 each occurrence or claim and a general aggregate limil of at east $4,000~000. [his insurance shall pray de Broad Form Contractual Liabl/ ty covering the indemnity provisions conta ned in this Agreen~nt, Underground Hazard, Broad Form Property Damage, a waiver of goverriTental irtmunit¥ (ISO Form GL 24 14 or equivalent), severability of nterests and name Railroad as an additional nsured with respect to all I abilities arising out of Political Body's obl!gation to Railroad in the ?ement..if c~verage is purchased on a "claims made" basis ~t shall provide for at least a three )l year extended rep~.rting or discovery p~riod, which shall be invoked should insurance covering the time period of this Agreement be cancelled. Autc~nobile Public L~abilJt¥ insurance providing bodily injury and pro[:)erty damage with a comb!ned single I~mit of at least $2,000,000 each occurrence or claim. [hms insurance shall provide contractual liability by endorsement ISC Form CA O0 25 or equivalent coverin all motor ?hicl~s,!g~!?~ng.hired and non-c~.e?,_lllOb!l~ equipment to the extent it may be excluded fram gFneral ~ool~lzy mn~9r~gc~.severgo ~iTy at ~nterests and name Ra~ road as an additional insured with resp~t to all ImaD~liT~es arising out of Political Body's obligation to Railroad in the Agreement. ~orker's Ccmpensation insurance covering the statutory liability as dete~ined by the compensation laws of the state(s) affected by this Agree~.e. nt and Employers' Liability with a limit of at least $1,000,000. Also compliance with all aws at states which require participation in their state workers' compensation fund. Railroad Protective Liabi ity insurance naming Rai road as insured with a co'nbined limJl of $~,000,000 per occurrence with a $6 000 000 a~r .... ' ....... single AAR-A~SHTO with broad form covera or" ,. , ~ ~'~-~. ~-e po mmcy torm sna I be · ge f Physmcal Damage to. Property- (ISO Form GL O0 ~0) or as revised ISO-RII4A (Form CG O0 ~5) and include pollution arising out of fuels and lubricants brought to the job site (ISO Form CG 28~ or equivalent). If the Lloyd's London policy form is used, limits shall be $5,000,000 per occurrence with a $~,000~000 aggregate and the Extended Claims 14ade Date Shall be determined by adding the length of the original policy period plus one year to the policy expiration date. [he Politica! Body and/or its Contractor/Subcontractor hereby waives its ri t · as ?spects.t~e.O.l~.ve.m~s~rance policy(ies), aoa inst Railroad for r~,~t ......... gh ?_s~rc~at~on, efl~loyees at POlITICal JJ:~O~v or ts anen/¢ ~ z^. , .... ~ .._ _ ~'~"~V ~ ~ou~ ~u gr on behalf at · - ~ ~ ~,~ -v, ,u~ u~ ~ owned or leased property or property under ~ts care, custody and control ~hJle on or near Railroad's right-of-way or other real property. Political Body's and/or it Contractor's/Sulxontractor's insurance shall be primary with respecl to any insurance carried by Railroad. Political Body and/or its Contractor/Subcontractor shall furnish to Railroad certificate(s) of insurance evidencing the requ red coverage and endorsement(s) and u n re uest ' ori inal of an of those policies e . . ix) q a certified duplicate R i?r ' ¥ . .. [h Insurance company(~es) Issuing such lic ' ' a dad in wr t n of any mater~a I o ~+;~- : ...... · .... po ¥(~es} Shall notify "c a m~-m~d~' ?~;~; .... ',,,~ ..... :.~ ~?-!¥- ,-~,uu~ng any Change ~n the retroactiw d~f~ ; .... - ' Y (~0) days pr or thereto. The insurance policy(ies) shall be written by a reputable insurance company or cclnpanies acceptable 1o Railroad or with a current Best's Insurance Guide Rating of B and Class VII or better. Such insurance company shall be aulhorizeq to transact business in the state(s) affected by this Agreement. Exhibit B-I Page I of I ATTACHMENT Page ~ of llF TO: FROM: SUBJECT: DATE: MEMO City Admm~~tor for Council Action Julie Moore,~. E. Tech llI through Public Works Directo~~ Extension of No Parking along East Lincoln Street in fi.om of Washington School March 7, 2001 ~COMMENDATION: It is recommended that Council approve the installation of signs for no parking during school hours along the north side of Lincoln Street fi.om the west driveway at the school east approximately 350 feet. BACKGROUND: Several momhs ago Council approved the installation of no parking signs on the north side of Lincoln Street fi.om Gatch Street east to the west driveway exiting Washington School Recently a request (attached) was received fi.om Washington School asking that the no parking be extended to include the area in from of the school and also a section east of the school to allow for better visibility and increased safety for studems. The section east of the school was requested to allow stacking room for motorists waiting to drop off or pick up studems. They requested signs that would limit no parking during school hours. East Lincoln Street is a service collector, with a 50-t~. right-of-way and a 34-ft. paved width. Currently there is no parking on the north side of Lincoln from Gatch Street to the school property and along the south side of the street fi.om Gatch to Bryan, except opposite of the school where there is no parking 7 a.m. to 4 p.m. school days. During times when students are dropped offor picked up, there is a lot of congestion on the street. Therefore, it is recommended that signs for no parking during school hours he installed along the north side of Lincoln Street fi.om the west driveway at the school east approximately 350 feet. This will provide better visibility and increased safety for smdems and motorists and help eliminate congestion on the street during drop off and pick up times. Map of the area is attached. ~8 Z6'g~I HO_LVD g~ZOL 0 Z (.9 llF Z '~ 0 LUZ · I · · · · · · · I · · · · · I :1 t liD March 12, 2001 TO: FROM: SUBJECT: Honorable Mayor and City Council ,~ ~_._ John C. Brown, City Administrator-'-Z-x~-~ Community Center Planning Committee Recommendation: It is recommended the City Council accept this report regarding a Community Center Planning Committee, and provide direction as appropriate. BackRround: On February 12, 2001, you adopted goals for the coming year. Among those goals was construction of a new community center, with the following objectives: · Establish a citizen's committee; · Evaluate financing alternatives; · Evaluate facilities and select a site; and · Develop a facility and site plan. Discussion: The Mayor is ready to establish the community center planning committee. It is staff's intention to conduct the recruitment in a manner similar to that conducted for urban renewal planning committee members; seeking a group of participants who represent a broad spectrum of the community and who possess skills and interests directly related to the task. Recruitment will be conducted through a published request for applications, and by personal contacts with potential candidates. Applications will be screened with the Mayor to select the most qualified group, which will be recommend to your CounCil prior to Mayoral appointments. To provide for participation from the groups most likely to use a community center, in addition to a representative from the City Council and from the Recreation and Parks Board, an individual from among each of the following groups will be sought: · Arts and Culture · At-Large · Business · Churches · Non-profit and community based organizations · Senior Organizations liD Honorable Mayor and City Council March 12, 2001 Page 2. · Service Clubs · Schools · Youth Organizations With respect to skills and interests, in addition to representing one of the foregoing groups, it is recommended each member's qualifications will include at least one of the following: · Experience facilitating public meetings · Experience in event production Experience in facility planning and/or financing · Fund raising experience · Interest in recreation and leisure activities and/or performing arts · Past participation on a community center planning committee or similar group It is also recommended each member must be a resident of the City of Woodburn. A request for applications will be directed to the Woodburn Independent, for publication in the March 17, 2001 edition. The application deadline will be April 16, 2001. Recommendations will be made to the City Council on April 23, ,?.001. Staff will follow this process, to recruit members of the aforementioned organizations possessing the aforementioned skills and interests. These can be modified, with your direction, should you desire broader or narrower participation and qualifications. JCB liE MEMO TO : THROUGH : FROM : DATE : SUBJECT : Mayor and Council John Brown, City Administrator~ Mary Tennant, City Recorder ~ March 8, 2001 Acceptance of Bancroft Bond Applications Recommendation: By motion and under the authority of ORS 223.210, Council accept the Bancroft Bond applications as listed in this memo which were filed after the initial 10-day filing period on the Downtown Alley LID and Parr Road LID. Background: Under ORS 223.210 (Bancroft Bonding Act), affected property owners have 10 days after the date of the first publication of the final assessment ordinance to file a Bancroft Bonding application which gives the property owner the right to pay for the assessment under an installment program over a ten (10) year period. Bonding applications filed after the initial 10 day filing period are required to obtain Council approval in order to participate under the installment program. (1) (2) The final assessment ordinance on the Downtown Alley Local Improvement District was adopted by the City Council on November 13, 2000. The initial 10 day filing period concluded on December 4, 2000. The following Bancroft Bonding applications were received after the filing period: Tax Lot No. 92010-110 (R105953) 92010-010 (R105943) 92880-000 (R 108926) Property Owner Luis & Luisa Quintero Thomas Flomer David & Jennifer Lindenmuth Date Filed 12/05/2000 12/05/2000 12/13/2000 The final assessment ordinance on the Parr Road Local Improvement District was adopted by the Council on January 22, 2001. The initial 10 day filing period concluded on February 17, 2001. The following Bancroft Bonding application was received after the filing period: ..Tax LOt No. Property Owner Date Filed 92050-060 (R 106030) Luka & Anastasia Vshivkoff 03/06/2001 Financial Impact: Acceptance of these applications will have no financial impact on the City unless the property owner defaults on assessment payments. If that were to occur, the City could initiate foreclosure proceedings in order to recover the assessment balance plus interest and related costs. llF TO: FROM: SUBJECT: DATE: MEMO City Ad~~rator for Council Action Julie Moore,~. E. Tech Iii through Public Works Directo~~____~ Extension of No Parking along East Lincoln Street in front of Washington School March 7, 2001 ,RECOMMENDATION: It is recommended that Council approve the installation of signs for no parking during school hours along the north side of Lincoln Street from the west driveway at the school east approximately 350 feet, BACKGROUND: Several months ago Council approved the installation of no parking signs on the north side of Lincoln Street from Crotch Street east to the west driveway exiting Washington School Recently a request (attached) was received from Washington School asking that the no parking be extended to include the area in front ofthe school and also a section east ofthe school to allow for better visibility and increased safety for students. The section east of the school was requested to allow stacking room for motorists waiting to drop off or pick up students. They requested signs that would limit no parking during school hours. East Lincoln Street is a service collector, with a 50-t~. right-of-way and a 34-ft. paved width. Currently there is no parking on the north side of Lincoln from Gatch Street to the school property and along the south side of the street from G-arch to Bryan, except opposite of the school where there is no parking 7 a.m. to 4 p.m. school days. During times when students are dropped off or picked up, there is a lot of congestion on the street. Therefore, it is recommended that signs for no parking during school hours be installed along the north side of Lincoln Street from the west driveway at the school east approximately 350 feet. This will provide better visibility and increased safety for students and motorists and help eliminate congestion on the street during drop offand pick up times. Map of the area is attached. 0-~ (gz 001 OZ HO.LVE> o o j~ o 99'9 00'1,9' 0 0 S/. HIt~ON C) g~'ZOI. 9TLOJ 0 g/.'9/. Z · · · · · · · · m · · · · · llF ~ ! ..... ~ __. __._ :_. ......... · ~: --~--4~ - r~ Washington Elementary School 777 East Lincoln Street Woodburn, Oregon 97071 (503) 981-2680 · Fax: (503) 981-2720 llF February 21, 2001 Frank Tiwari 270 Montgomery St Woodburn, OR 97071 Dear Sir: This fall, it was brought to o~tr. attention by the Woodburn Police that we had a traffic issue on Lincoln Street. I contacted Matt Gwynn at the Street and Water Division for the City of Woodburn. Shortly after contacting Matt, he came to our school to see our situation. Together we worked out a plan to help make our parking lot and entrances safer for our students. Together with Matt, we discussed putting signs labeled "no parking during school hours" on each side of our entrance and exit to allow more visibility for student safety. I have been told that this letter is part of the process to be able to get the appropriate signing at our school. Please consider our proposal. We are concerned that the children's safety is in jeopardy and signing the entrance and exit may be a solution. You are more than welcome to come and see our problem in action during dismissal times. Please contact me if you need any clarification. Sincerely, Gregory Hendricks Assistant Principal City of Woodburn Police Department STAFF REPORT 270 Montgomery Street Woodburn, Oregon 97071 2001 March 6, Paul Null, Chief of Polic Mayor and City Council~ Date: From: To: (503) 982-2345 RE: Solicitors Permit - Boy Scout Troop #691 Through John Brown, City Administrator Applicant: Roger Midura, Troop Committee Member 1110 E. Cleveland Street Woodburn, OR 97071 Recommendation: The City Council approve a solicitors license for Boy Scout Troop #691 and waive licensing fees. The Woodburn Boy Scouts Troop #691, under the direction of Roger Midura, have decided to undertake a project of painting resident and business address numbers on the curb next to the driveway, during the month of April. The painting of numbers on curbs is a community service project which will assist emergency police and fire personnel to quickly locate an address when responding to emergency situations. The service project is also a fund raiser for the local scout troop with a goal of raising $5,500. The Scout Troop will donate approximately $1,000. to Friends of Scouting 2001, a national Boy Scouts of America program and expend the balance in the purchase of a troop trailer. The troop trailer will be used to store and haul camping equipment on scout outings. Roger Midura and Troop #691 have worked very closely with the police department and fire department in preparation of this community project and should be commended for a well planned and thought out undertaking. llG Note: Typically the city council is not involved in the solicitors licensing process. The Boy Scouts is a non-profit organization which is asking for the fees to be waived which requires city council action per City Ordinance 1187. TO: FROM: City Councils Mid-Willamette Valley Mayors Coalition Mayor Mike Swaim, Salem Mayor John McArdle, ]~ndependence Mayor Jim Fairchild, Dallas Mayor Paul Evans, Monmouth Mayor Harold White, Aumsville Mayor Steve Littrell, Turner DATE: February 22, 2001 RECOMMENDATION: Adopt the attached resolution asking the Oregon Legislature to postpone the implementation of Senate Bill 1149, Oregon's electric deregulation initiative. After adoption, send it to your legislators and to the Oregon League of Cities. BACKGROUND: 11I-I In the 1999 session of the Oregon Legislature, Senate Bill 1149 was adopted into law (ORS 757.600 - 757.691), which partially deregulates the electric power industry in Oregon. The law is scheduled to go into effect in October, 2001. Although this deregulation law will not directly impact residential customers, it will require many businesses who use greater than 30 kilowatts of power to purchase electricity in the private marketplace, outside of the price-regulated environment that they currently operate in. Accurately predicting how this will impact specific businesses is very difficult because of the complexities of this market but it could result in very significant increases in power costs for many. Since the deregulation law was passed in Oregon in 1999, a great many changes have occurred in the electricity market. Serious, unanticipated problems have emerged in California and a number of other states that have recently enacted deregulation legislation resulting in sharply increased electricity costs and even power supply interruptions. On top of these regulatory uncertainties, our region is experiencing a much dryer than normal weather year, potentially reducing the amount of available hydropower resources in the Pacific Northwest in the coming months. This factor, by itself, could affect the availability and cost of electricity. In light of the changes and uncertainties in today's environment and the very serious problems encountered with deregulation efforts in other states, we urge the Legislature to take the prudent step of delaying the implementation of this new law for two more years. This delay will provide the time needed to carefully evaluate new conditions, learn from the experiences in other states, and make appropriate adjustments in Oregon's law. llH RESOLUTION URGING A DELAY IN THE IMPLEMENTATION OF ELECTRIC DEREGULATION IN OREGON WHEREAS the City Council of is concerned about the serious economic harm to residents and businesses in our communities that would result from rapid increases in the cost of electric power; and WHEREAS recent electric deregulation policies in neighboring California and some other states of the United States have been immediately followed by sharply higher costs and significant risks of power supply interruptions; and WHEREAS weather conditions and other factors may strain power supplies in the Pacific Northwest region in coming months; and WHEREAS the Oregon Legislature adopted Senate Bill 1149 in 1999 which provides for the partial deregulation of electric power in Oregon and the implementation of this bill is scheduled to begin in October, 2001. THEREFORE, BE 1T RESOLVED, that the City Council of does hereby urge the Oregon Legislature to postpone the implementation of Senate Bill 1149, Oregon's electric deregulation law, from October, 2001 to October 2003 to allow leaders ample time to fully evaluate recent changes and events in the marketplace, the regulatory environment, and the natural environment and to make whatever adjustments may be warranted to protect the interests of Oregon communities and businesses. llI March 12, 2001 TO: FROM: SUBJECT: Honorable Mayor.and City Council John C. Brown, City Administrato -r<~' Cancellation of March 26, 2001 Meetin? Recommendation: it is recommended the City Council canceling the March 26, 2001 meeting. Back,round: Pursuant to City Charter, the City Council is required to meet regularly, at least once a month. The Council generally meets twice monthly, and more often as necessary, to conduct City business. The Council occasionally cancels a meeting, due to holiday schedules or lack of business. Discussion: Neither the City Attorney, nor the City Administrator will be available the week preceding the March 26, 2000 meeting to conduct agenda review and preparation. Further, the City Administrator will not be available on March 26, 2001. Accordingly, items that would have been scheduled for your consideration on the 26~h were presented at your March 12, 2000 meeting. Because of the lack of anticipated agenda items for the second meeting in March, it is recommended your Council cancel that meeting. ]CB March 13, 2001 RE: HB 2934 Dear: This is to convey, on behalf of the City of Woodburn City Council and myself our opposition to HB 2934. HB 2934 would establish a transient lodging tax to serve as dedicated revenue to fund State-run tourism marketing activities. The bill also restricts the manner in which a local government may increase the transient lodging tax, and use tax proceeds. Further, it requires local governments to reimburse lodging operators for administrative costs. Woodburn's transient lodging tax is currently six (6) percent. The City Council will soon consider increasing the rate to 9 percent, and allocating the increase to tourism and economic development activities. Woodburn currently allows lodging operators to retain 10 percent of the proceeds collected as reimbursement for administrative costs. We are not opposed, then, to funding tourism marketing activities with a portion of the tax, or to reimbursing operators for their costs of collection and accounting. It is Woodburn's position, however, that the transient lodging tax is, and should remain, a revenue source exclusively available to local governments. It is, and also should remain, a discretionary revenue source, which can be used to meet a variety of community needs, as dictated by local governing bodies. Woodburn implemented its transient lodging tax at a time of poor financial health, and has used the proceeds - within the general fund - to fund activities such public protection and street maintenance. These activities are necessary for a health'~ourist trade, but could not be funded by increases in the tax pursuant to HB 2934. HB2934 requires that voters approve future increases proposed by local governments. Voters everywhere are increasingly reluctant to approve tax increases. To require voter approval of transient lodging tax increases is likely to subject such increases to defeat. This is particularly unfortunate, as few, if any local residents have occasion to be affected by transient lodging taxes. Further, HB 29~34 does not appear apply the same restriction to state-proposed increases. We believe that is fundamentally unfair. The same rules should apply to all entities. HB 29:34 proposes to add a one (1) percent tax, in addition to that which may currently be charged by a local government. Seventy percent of the money raised would support the state's tourism marketing activities. The remaining thirty percent would be allocated to matching grant programs, grant programs which will be made less effective by their administrative costs and which are unnecessary if local governments are allowed to retain full discretion over this revenue source. As well, HB2934 does not restrict state-proposed increases to this first one percent. Similar increases in the future will quickly drive up the total tax rate charged in a community, it is likely voters will not distinguish between the portion of the rate charged for local services, and the portion for state services, which increases the likelihood that proposed local rate adjustments will be defeated at the polls. Finally HB 2934 requires local governments to reimburse lodging operators for their costs of collecting and accounting for all tax proceeds, including any portion dedicated to tourism, it does not allow any withholding from that portion to support reimbursement payments, nor does it allow any corresponding rate or fee increases. This situation will erode the portion of lodging taxes currently used by governments to fund essential services. The bill also appears to require local governments to reimburse operators for costs associated with state-proposed rate increases, which will further erode local government tax bases. At a time when the localities should be granted greater autonomy in matters of governance, HB2934 seeks to undermine that ability. It appears to apply a double standard, is self-serving, and shortsighted. For these and the foregoing reasons, we oppose this bill and respectfully ask that you do the same. Sincerely Richard ]ennings l~layor In this issue... Measure 7 Committee ............ 2 Telecom Restrictions Bill .......... 3 FCC License Exemption ........... 4 OLCC Noise Bill ................ 4 Energy Crisis Solutions ........... 4 Thanks to Grace Crunican ......... 5 Annual Session Proposal .......... 6 Week in Review ................. 6 Bill Summahes .................. 6 Hearing Schedule ............... 11 Preemption Bills Are Back Like the never-quite-dead movie villain who returns to torment the hero, two preemption bills from previous sessions have come back to challenge local government. The bills, which would preempt local lodging tax authority and the taxation of certain intangible property, have both been referred to the House School Funding and Tax Fairness/Revenue Committee. A defeat of both bills will require significant effort by city officials. Lodqinq Tax Preemption: HB 2934, which is sponsored by the House Committee on Business, Labor, and Consumer Affairs (chaired by Rep. Tim Knopp, R-Bend) would establish a 1% state transient lodging (e.g. hotel/motel) tax to serve as dedicated revenue to fund tourism marketing efforts. This tax would be in addition to any existing local hotel/motel tax. However, the bill places several preemptions on local governments, including: P Prohibiting any local government that does not currently have a transient lodging tax from enacting one, unless it is approved by voters; Prohibiting local governments that have a transient lodging tax from increasing the rate in effect on December 31, 2000, unless it is approved by voters; Requiring that any transient lodging tax increase approved by voters be used exclusively for tourism promotion or to fund certain specified tourism-related facilities; Requiring local governments to reimburse lodging operators an amount of at least 5% of total revenue collected, without adjusting rates, other fees, or the amount used to fund tourism promotion or specified tourism related facilities. P Similar preemption provisions were most recently included in HB 3336 in 1999. That bill received a hearing but died in committee. P Requiring that any percentage of local transient lodging tax that, on December 31, 2000, was used to fund tourism promotion or specified tourism-related facilities, must remain constant thereafter. P Requiring that any new local transient lodging tax imposed after January 1, 2001 and before January 1,2002 must be used exclusively for tourism promotion or for specified tourism-related facilities; P Requiring that any local transient lodging tax i_ncrease imposed after January 1, 2001 and before January 1, 2002 must be ~ temporarily reduced to have the effect of achieving a refund; l/ Re~tna~tvy°~cu; your (Continued on page two) Published weekly by the League of Oregon Cities. Subscription fee: $20.00 LOC Information Line: (503) 588-6550; (800) 452-0338 toll-free; Fax (503) 399-4863 or (503) 566-3422; E-mail Ioc@orlocalgov.org Legislative Bill Information: (503) 986-1187; (800) 332-2313 toll-free; Internet: httP://www.leg.state.or.us; Legislative Liaison: (503) 986-I000 Preemption Bills continued from page one A 1998 survey indicated that 78 Oregon cities have a hotel/motel tax. While many cities dedicate at least a portion of their transient lodging taxes to tourism or tourism~ related activities, the funds are also used to meet the demand for basic public services - police, fire, roads, water and sewer- that are imposed on communities with high tourist populations and for which residents would otherwise pay. As is often the case, the situation differs in different parts of the state, making a "one-size-fits-all" approach inappropriate. The bill has not yet been scheduled for a hearing before the House School Funding and Tax Fairness Committee, which is chaired by Rep. Lane Shetterly (R-Dallas). If it passes from that committee, it will be referred to the Ways and Means Committee. In the event that this bill receives a hearing, we'd like to have real examples of how this bill could affect your city, and we'd also like you to consider coming to testify. Please contact Michelle Deister at 503-588-6550 or via e-mail at mdeister@orlocalgov.org. Prooerty Tax Exemption for Intanqible Personal Prooerty of Centrally Assessed Utilities ("lntanqiblc:: ~: HB 2931, sponsored by Rep. Jim Hill (R- Hillsboro) at the request of several transportation, tele- communications and utility companies, would exempt all intangible personal property of centrally-assessed busi- nesses. Intangible personal property includes money and stock, plus property rights such as contracts, licenses, franchises, patents, trade names, customer lists, and goodwill that give value to tangible property. The centrally- assessed industries include power companies such as electric and gas utilities, telecommunications companies, airlines, and railroads. These companies generally are part of an integrated system that operate as a unit in more than one county and more than one state. Because the property is spread across counties, their tax value is determined by the Department of Revenue rather than by local county assessors. Similar bills were passed by the legislature but vetoed by Gov. John Kitzhaber in 1997 and 1999. Centrally-assessed utilities had a 1999-2000 assessed value (AV) of approximately $5 billion. Exactly how much of that assessed value was due to intangible personal property is difficult to determine, but previous estimates suggest that the impact to cities alone could range anywhere from $2.7 million (assumes 10% of the AV is related to intangible property) to $6.8 million (assumes 25% of the AV is related to intangible property). One aspect of an intangibles exemption has already passed the House of Representatives. On Thursday, the House passed HB 2778 which would exempt the value of FCC licenses from property taxation. It's estimated that this could result in a revenue loss of $4.5 million to local governments throughout the state (see related article). - Michelle Deister Speaker Appoints Measure 7 Committee Rep. Max Williams (R-Tigard) will chair the newly-formed House Committee on Land Use and Regulatory Fairness, established by House Speaker Mark Simmons (R-Elgin) to address the issues raised by Measure 7. The other representatives appointed to the seven-member Committee include: Chris Beck (D-Portland), Betsy Close (R-A bany) Kathy Lowe (D-Milwaukie), Karen Minnis (R-Wood Village), Susan Morgan (R-Myrtle Creek) and Kurt Schrader (D- Canby). The members of the Committee are all in their second or third term and bring a great deal of experience to the table. Rep. Williams also chairs the House Judiciary Committee; Rep. Close chairs the Water and Environment Committee and Rep. Minnis is the House Majority Leader. Perspective on Measure 7 due next week Watch next week for Issue 3 of LOC's Measure 7 newsletter. Stories include details on the Circuit Court decision to void Measure 7, the Attorney General's opinion on the measure, the League's Measure 7 principles, and more. The Committee has scheduled its first meeting, a public hearing, for Mamh 6~ at 3:30 p.m. Chair Williams has invited the League, Oregonians in Action, 1000 Friends of Oregon, the Association of Oregon Counties and Attorney General Hardy Myers to present testimony at the hearing. Following the invited testimony there will be an hour of public testimony, with a wide range of viewpoints expected to be presented. Testifying for the League will be Portland Commissioner Charlie Hales (immediate past president and chair of LOC's Measure 7 work group) and Albany City Manager Steve Bryant. The League's testimony will express a willingness to participate in a process to respond to the concerns raised by the voters, while putting the issue in the context of the broad range of activities that cities undertake to protect and enhance the public's health, safety and welfare. The city officials will suggest to the Committee that the best course to achieving a workable solution is to proceed cautiously, to eschew quick fixes, and to take the time to work through the complexities. In addition, Commissioner Hales and Manager Bryant will highlight the Measure 7 Principles that were adopted by the League Board of Directors on Feb. 2. The principles include a statement that, "LOC supports a solution to Oregon's property rights issues that is fair, reasonable, and practical." Specific principles are that any solution: 1) must have a reasonable scope; 2) must be prospective; 3) require the regulator that imposes the rule or law be the Page 2 (Continued on page three) League of Oregon Cities Z~/#ative ~ul~O'n /March 5, 2001 Senate Committee on Rules and Redistricting Sen. Steve Harper, Chair Sen. Peter Courtney, Vice-Chair House Committee on Rules, Redistricting and Public Affairs Rep. Carl Wilson, Chair Rep. Richard Devlin, Vice-Chair Rep. Dan Doyle, Vice-Chair 71st LEGISLATIVE ASSEMBLY REDISTRICTING and REAPPORTIONMENT Dear Elected Officials and Community Leaders: February 21, 2001 This session, the legislature has the responsibility of redrawing legislative and congressional district boundaries. As we consider the possibilities of where district lines may be located, we want to hear ideas from as many citizens and interest groups as possible. We request your assistance with the process of collecting information. Your organization represents a wide range of interests and we would appreciate you forwarding our request to your constituents. Our committee members and other legislators are eager to hear suggestions and reasons for moving legislative and congressional district lines. The legislature will use criteria listed in ORS 188.010 for redistricting legislative and congress, ional dis!ricts. The criteria include contiguity, equal population, use of existing geographic or political bou.n, danes, not dividing communities of interest, and connection by transportation links. The criteria also require that no aistrict be drawn for the purpose of favoring any political party, incumbent legislator, or other person, and that no district be drawn for the purpose of diluting the voting strength of any language or ethnic minority group. While all the criteria are significant, equalizing populations in districts is the basic purpose of redistricting. You may review ORS 188.010 at the following intemet website: http://www.leg, state.or, us/ors/188.html. Maps of current legislative and congressional districts are available on the intemet through the Elections Division of the Secretary of State's Office at the following address: http://www.sos.state.or, us/elections/other, info/maps.pdf. Time has been set aside each week to accept public testimony, either in person or in writing - Wednesdays, from 1:30 to 2:00, in the House Committee on Rules, Redistricting and Public Affairs and Thursdays, from 3:00 to 3:30 in the Senate Committee on Rules and Redistricting - Please sign up by 1:30 or 3:00 respectively if you wish to testify in person. All oral and written comments will be added to the public record during those meetings. Please contact either of our committee administrators to discuss providing testimony in person or to send written testimony for the record. Craig Allen, Committee Administrator Senate Rules and Redistricting 900 Court St. NE, Rm 333 State Capitol Salem, OR 97301 (503) 986-1763 We thank you for assisting us with this project. all Oregonians. Cara Filsinger, Committee Administrator House Rules, Redistricting and Public Affairs 900 Court St. NE, Rm 332 State Capitol Salem, OR 97301 (503) 986-1627 Our goal is to develop redistricting plans that will effectively represent Sincerely,  , Senate Rules and Redistricting nator Peter Courtney, __ ~ Vice-Chair, Senate Rules and Redistricting Representative Carl Wilson, Chair, House Rules, ~g_an~ Public Affairs presentative Richard Devlin, ~ Vice-Chair, House Rules, Redistricting and Public Affairs KOLISCH 'HAR'i~VVELL DICKINSON McCORMACK & HEUSER A Profi:ssio~ Corporation PATENT, TRADEMARK & COPYRIGHT ATTORNEYS Jon M. Dickinson John M. McCormack' Peter E. Heuser' David A. Fanning+ David P.. Cooper Pierre C. Van Rysselberghe+ Walter W. Kamstein Stephen E Gass, Ph.D. Charles H. DeVoe Kasey C. Christie David S. D'gscenzo Owen W. Dukelow+' James R. Abney, Ph.D.+ Mark D. glleman James David Fulmer+ M. Matthews Hall, Ph.D. Christopher S. Tut& Of Counsel: J. Pierre Kolisch M. H. Hartwelt · CA & D,C. hfs +OR&CA Bars ' OK CA &ID Bars *WAB~ OREGON [] 200 Padfic Building 520 S.W. Yamhill Street Portland, Oregon 97204 Telephone: 503/2246655 Facsimile: 503/2954679 CALIFORNIA tn 260 Sheridan Avenue, Suite 200 Palo Alto, California 94306-2009 Telephone: 650/3254673 Facsimile: 650/325-5076 IDAHO [] 10l S. Capitol Boulevard, Suite 500 Boise, Idaho 83702 Telephone: 208 / 384-9166 Facsimile: 208/384-9169 info@khdmh.com www. khdmh.com August 24, 2000 Mr. Dean N. Morfison 12250 S.W. 33'a Portland, Oregon 97219 Re: U.S. Patent No. 5,156,741 of Dean N. MordSon, Marvin Daniels, Frank Sinclair and G.S. Tiwari for a WASTEWATER TREATMENT ,,SYSTEM AND METHOD; Our File - MRR 301 Dear Deem: We have received notification bom the U.S. Patent and Trademark Office that payment of the second maintenance fee has been entered in connection with the above-identified patent. The third and final maintenance fee is due for this case before April 20, 2004. We have docketed this matter, and will bring it to your attention at that time. I .am enclosing a copy of the first drawing page so that you can see which patent this is. Ve ~yy urs, Pffter E. Heuser PEH:Ikg Attachment 'U,S. Patent oac 20, 199~ l~'h~t I of 2 5,156,741 FIG.1 18 12 72 11 SYSTEM OUT FLOW 7O CIRCULATING PUMP TREATMENT PLANT AlE PUMP ~'78 lOc 3O 91 18 FIG. 2