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Agenda - 04/23/2001o Se AGENDA ~VOODBURN CITY COUNCIL 270Montgomery Street ~ ~ ~Voodburn~ Oregon CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. Woodburn Budget Committee Workshop - April 30, 2001 at 7:00 p.m. B. Special City Council meeting - May 7, 2001 at 7:00 p.m. C. Public Hearing - Woodburn Company Stores Phases II & III May 7, 2001 at 7:00 p.m. D. Public Hearing - Annexation No. 01-00 (Friendly GMC) May 14, 2001 at 7:00 p.m. E. City Council Workshop: Economic Opportunities Analysis - May 1, 2001. F. Community Center Planning Committee openings - contact the Mayor's office for application forms. G. Spa Day at Woodburn Aquatic Center - May 6, 2001, 1:00 p.m. to 4:00 p.m. Appointments: - None PRESENTATIONS/PROCLAMATIONS Presentations: A. Woodburn Fire District Fire and Crime Prevention Trailer Jennifer Kilmurray. Proclamations: B. National Pet Week - May 6 - 12, 2001 ................................... 4B C. Dig del Nifio/Day of the Child, April 30, 2001 ............................. 4C COMMITTEE REPORTS Chamber of Commerce. Woodburn Downtown Association. COMMUNICATIONS BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) Page 1 - City Council Agenda of April 23, 2001 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. Council minutes of March 5, 2001 workshop; March 12, 2001 and April 9, 2001 regular meetings, and April 12, 2001 special meeting and executive meetings ................................................... 8A Recommended action: Approve Council minutes of March 5, 2001 worksho£; March 12, 2001 and April 9, 2001 regular meetings, and Apri112, 2001 special meeting and executive meetings. Be Draft Park Board minutes of March 13, 2001 ............................. 8B Recommended action: Accept draft Park Board minutes of March 13, 2001. Library Board minutes of February 14, 2001 and March 14, 2001, and draft Library Board minutes of April 11, 2001 ........................ 8C Recommended action: Accept Library Board minutes of February 14, 2001, and March 14, 2001 and draft Library Board minutes of April 11, 2001.. De Planning Commission minutes of March 8, 2001 .......................... 8D Recommended action: Accept Planning Commission minutes of March 8, 2001. go Fe Police Department Activity Report for February 2001 ..................... 8E Recommended action: Receive Police Department Activity Report for Feb. 2001. Building Activity Report for March 18, 2001 ............................. 8F Recommended action: Receive the Building Activity Report for March 2001. Ge Planning Tracking Sheet dated April 18, 2001 ............................ 8G Recommended action: Receive the Planning Tracking Sheet dated April 18, 2001. Library Statistics Report for February 2001 ............................. 8H Recommended action: Receive the Library Statistics Report for Feb. 2001. Woodburn Library Activity Calendar for May 2001 ........................ 8I Recommended action: Receive the Woodburn Library Activity Calendar for May 2001. Je Claims for the month of March 2001 .................................... 8J Recommended action: Approve the claims for the month of March 2001. TABLED BUSINESS GENERAL BUSINESS Ae Council Bill No. 2300 - Resolution calling for a public hearing on Annexation Case No. 01-00 (Friendly GMC) ............................ 10A Recommended action: Adopt the resolution calling for a public hearing on May 14, 2001 to consider Annexation Case No. 01-00 (Friendly GMC). B. Council Bill No. 2303 - Resolution adopting a scientific exploration policy Page 2 - City Council Agenda of April 23, 2001 to apply within parks and to other city property and establishing a permit process consistent with state and federal law ............................ Recommended action: Adopt the resolution adopting a scientific exploration policy to apply within parks and to other city property and establishing a permitprocess consistent with state and federal law. 10B Ce go Council Bill No. 2304 - Ordinance regulating motor vehicle, bicycle and pedestrian traffic within the City of Woodburn ......................... Recommended action: Adopt the ordinance regulating motor vehicle, bicycle and pedestrian traffic within the City of Woodburn. 10C Council Bill No. 2305 - Resolution authorizing execution of a "Police Mutual Aid Agreement" amongst various Municipal, County and State Law Enforcement Agencies ...................................... 10D Recommended action: Adopt the resolution authorizing the execution of a "Police Mutual Aid Agreement" amongst various Municipal, County and State Law Enforcement Agencies. Bid Award: Manhole Rehabilitation ................................... 10E Recommended action: Approve award of Bid No. 21-10for Manhole Rehabilitation to low bidder Geico Services, Inc. in the amount of $29,575.00 11. Fo Cost sharing for improvement of Highway 99E railroad crossing ........... 10F Recommended action: By motion, authorize cost sharing not to exceed $5,000 for improvement of the Highway 99E railroad crossing. Ge Right-of-Way Dedication - Parr Road/Settlemier Avenue Improvement ..... 10G Recommended action: Accept the right-of-way dedication in conjunction with the Parr Road/Settlemier Avenue Improvemena He Request for sound amplification permit and closure of Warzynski Plaza on May 13, 2001 from 12:00 p.m. - 8:00 p.m. for a Mother's Day Celebration ........................................................ 10H Recommended action: Approve sound amplification and closure of Warzynski Plaza on May 13, 2001from 12:00p. m. - 8:00p. m. for Mother's Day Celebration. Bid Award: Street resurfacing in Nazarene Addition ...................... 10I Recommended action: Approve award of Bid No. 21-09for resurfacing various streets in the Nazarene Park Subdivision to low bidder, Salem Road and Driveway in the amount of $189,155,55. PUBLIC HEARINGS City Initiated Annexations ........................................... llA Recommended action: Receive public testimony on the annexations and then continue the public hearing until May 14, 2001 so that legal descriptions of the annexed properties can be approved by the Oregon Department of Revenue. Page 3 - City Council Agenda of April 23, 2001 12. 13. 14. 15. 16. 17. 18. PUBLIC COMMENT NEW BUSINESS PLANNING COMMISSION ACTIONS - These are Planning Commission actions that may be called up by the City Council. Site Plan Review 00-12, Variance 01-14 and Partition 01-01 for property located at the southeast corner of Highway 99E and Highway 211 ................. 14A CITY ADMINISTRATOR'S REPORT A. Boones Ferry Road/Highway 214 Intersection Improvement Project ........ 15A B.. DirectLink cable television service update .............................. 15B MAYOR AND COUNCIL REPORTS EXECUTIVE SESSION ADJOURNMENT Page 4 - City Council Agenda of April 23, 2001 4B PROCLAMATI'ON NATI'ONAL PET WEEK - MAY 6 - 12, 2001 WHEREAS, the people of Woodburn have distinguished themselves by their care and concern for pets and animals through the attention of their health and welfare; and WHEREAS, pets provide love, companionship, devotion and loyalty, enriching the lives of their owners and the community in general; and WHEREAS, man's progress throughout the ages has been reliant on the aid and assistance received from animals as helpmates and companions; and WHEREAS, the care and treatment of animals is entrusted to Doctors of Veterinary Medicine who strive to preserve and improve the quality of life for pets and people in Woodburn; NOW, THEREFORE, 2001 I, Richard Jennings, Mayor of Woodburn, do hereby proclaim May 6 - 12, NATIONAL PET WEEK in Woodburn and I call upon the people to take advantage of the events planned in conjunction with this observance. Richard Jennings, Mayor City of Woodburn t 4C PROCLAHATTON DEL N1'I O/DAY OF THE CHI'LD - APRI'L 30, 2001 WHEREAS, many of the nations throughout the world celebrate Di~ del Nifio/Day of the Child on the 30th of April 2001 in recognition and celebration of their country's future - -their children; and WHEREAS, children represent the hopes and dreams of all the citizens of Woodburn; and WHEREAS, the primary teachers of family values, morality, and culture are parents and family members, and we rely on children to pass on these family values, morals and culture to future generations; and WHEREAS, the importance of literacy and education are most often communicated to children through family members; and WHEREAS, families should be encouraged to engage in family and community activities that include extended and elderly family members and encourage children to explore, develop confidence, and pursue their dreams; and WHEREAS, the designation of a day to honor the children of our city will help affirm for the people of Woodburn the significance of family, education and community; and WHEREAS, the designation of a day of special recognition of children of Woodburn will provide an opportunity to children to reflect on their future, to articulate their dreams and aspirations, and find comfort and security in the support of their family members and communities, and WHEREAS, the children of our city are the responsibility of all its citizens, and citizens should be encouraged to celebrate the gifts of children to our society - their curiosity, laughter, faith, energy, spirit, hopes, and dreams; NOW THEREFORE, I, Richard Jennings, Mayor of Woodburn, do hereby proclaim April 30, 2001 Di~ del Nifio/Day of the Child in Woodburn and call on the people of Woodburn to join with all the children, families, agencies, organizations, schools, and churches to observe the day with appropriate ceremonies. Richard Jennings, Mayor City of Woodburn COUNCIL WORKSHOP MINUTES MARCH 5, 2001 TAPE READING Tape 1 Side A DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 5, 2001. CONVENED. The Water Master Plan workshop convened at 6:10 pm with Mayor Jennings presiding. ROLL CALL. Mayor Jennings Present Councilor Bj elland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Absent Councilor Nichols Present Councilor Sifuentez Absent Water Master Committee Members Present: Mike Kilmurray, Preston Tack, Charlotte Hillyer, Scott Burlingham Staff Present: City Administrator Brown, Public Works Director Tiwari, Public Works Manager Rohman, Water Superintendent Sutter, City Recorder Tennant Consultant: John Ghilarducci, Financial Consulting Solutions Group, Inc. Public Works Manager Rohman reviewed the committee work completed to date on the Master Plan. He stated that the committee has been working on a treatment pilot study, review of the location, source water production, regulatory updates, and rate and SDC study review. Water treatment was reviewed by the committee for the purpose of (1) satisfying public requirements which included removal of iron and manganese and treatment processes that would avoid the use of chlorine, (2) complying with changing federal and state regulations, (3) providing adequate water storage for fire and emergency situations and to improve the efficiency of operations, and (4) economically meet future water needs of the community. The committee is proposing that the following improvements be incorporated into the master plan to meet City needs to the year 2015: A) Water treatment plants be located at: 1) Industrial Park near National Way, 2) Parr Road near Centennial Park, and 3) Country Club Road adjacent to the existing water well, and B) Storage facilities (2.2 mil gallon in size) to be located at Industrial Park and Parr Road adjacent to the treatment plants. Another area addressed by the committee involved Source Water Protection which is a program administered by the Health Division and the Dept. of Environmental Quality. A Page 1 - Council Meeting Minutes, March 5, 2001 TAPE READING Side B COUNCIL WORKSHOP MINUTES MARCH 5, 2001 required element of the program include delineation of existing wells and determining susceptibility for contamination which is currently being done by the Oregon Health Division. Voluntary elements of the program are developing a Drinking Water Protection Plan, and submittal of the plan to the Dept. of Environmental Quality for certification. He also reviewed the upcoming federal regulatory rules that the City will need to address such as arsenic levels, groundwater, radon, radionuclide, and contaminant monitoring. In regards to the water storage tanks, it was noted that these tanks will be located at ground level rather than elevated. John Ghilarducci stated that the water rates and system development charges are the two major sources of revenue for the water service. The last increase in water service rates was implemented in July 1992 and, in order to meet operational and capital improvement costs, a rate increase will be necessary between now and 2005. Key policy issues reviewed by the committee included 1) how to schedule the rate increases for the period of 2002 through 2005; 2) a cost of service analysis to determine the rate allocation for residential, commercial, and industrial customers; 3) conservation incentives in the water rate structure consistent with the cost of service analysis; 4) and the system development charge based on potential demand rather than the estimated actual demand. He briefly reviewed the rate study process utilized to develop two options relating to revenue requirement. The first revenue requirement (known as Scenario gl which was adopted by the committee) would adopt a series of rate increases beginning in 2002. The rate increase would be 27% in 2002, 27% in 2003, 20% in 2004, 20% in 2005, and 8.05% in 2006. After the year 2006, rate increases would be more in line with cost of living increases. The second revenue requirement (known as Scenario #2) would provide for a one-time rate increase in 2002 of 110% and the next rate increase would not be required until 2006 at which time the rate increase would be approximately12.95%. He reiterated that the committ~ recommended Scenario #1 which does provide for a growth assumption of 3.4% per year whereas water demand would only increase by 1.4% per year based on conservation methods being used by customers. It was also noted that there will be a fixed charge based on meter size and a volume charge based on actual usage of water. Committee member Tack stated that the committee had compared the two rate systems to the year 2012 and they felt that the steady increase in water rates would be the best method to follow in order to meet estimated revenue requirements. Consultant Ghilarducci then reviewed the cost of service allocation methods used to generate sufficient dollars to meet the revenue requirements outlined in scenario #1. The committee had reviewed 3 rate alternatives that could be implemented to meet the revenue requirements. The committee recommended Rate Alternative #1 as the rate structure to be implemented beginning in the year 2002. Discussion was held regarding the proposed rate structure which provides for a fixed charge based on meter size, and a Page 2 - Council Meeting Minutes, March 5,2001 COUNCIL WORKSHOP MINUTES MARCH 5, 2001 TAPE READING volume charge for each 100 cubic feet of water used. It was noted that the current rate structure does allow for some volume of water to be used, such as 400 cubic feet for a residential customer, without having to pay additional charges. It was also noted that industrial users will pay a higher volume and fixed rate than residential and commercial customers due to higher fire flow requirements and higher peaking. Committee member Tack requested that charts show 100 cubic feet rather 1 ccf since the customers are used to see numbers based on 100 cubic feet. Mr. Ghilarducci stated that he would change the charts to show 100 cubic feet rather than using the standard ccf method of listing the data for the purpose of internal consistency. Tape 2 In regards to System Development Charges (SDC), Mr. Ghilarducci stated that there are 2 components to these charges one being reimbursement fee and the second component being improvement fee. He stated that these charges are one-time fees paid at the time of the development. The reimbursement fee is a buy-in to unused capacity in the existing and the improvement fee is a fair share of capacity increasing of facilities to be built. As a reminder, SDC's are governed by state statute and he suggested that these fees be tracked separately so that they can be used accordingly. He reviewed the proposed SDC's for each type of fee along with the administrative cost recovery that is allowed by statute. Based on the proposed SDC rate structure, the residential SDC rate would increase from $1,452 to $2,085 which is a 44% increase. Mr. Ghilarducci also reviewed the residential water rate comparison chart which compared 13 cities with Woodbum. As a reminder, each city has different needs but, based on the average monthly cost, Woodburn is approximately 56% lower than the average. Assuming the proposed rate is implemented, Woodburn will still be 27% lower than the average monthly water rate charged by other cities. Mayor Jennings stated that he felt comfortable with the recommendation from the committee for funding water system improvements. Councilor Figley stated that she in interested in knowing if any public feedback has or will be obtained on the issue of incremental increases versus a one-time increase. Committee member Tack stated that regular communication with ratepayers on their monthly bills will be very beneficial in getting feedback from the consumers well in advance of making a final decision on the type of increase implemented. Public Works Manager Rohman stated that the committee did take into consideration the proposed rate increases submitted to the State by the utilities which would go into effect about the same time as the City's rate adjustment. Director Tiwari stated that the City will need to obtain some funds from a bond sale and, on a $14 million project, the City will need to solidify a program which will have a Page 3 - Council Meeting Minutes, March 5, 2001 COUNCIL WORKSHOP MINUTES MARCH 5, 2001 TAPE READING favorable interest rate return and assure the bond underwriters that a rate schedule has been implemented to meet principal and interest payments. It was also noted that a future Council could adjust the rates, however, they would still be required by law to set rates based on operating expenses, debt service, and coverage. Director Tiwari stated that staff intends to have an open house on the proposed master plan thereby giving the citizens an opportunity to discuss rates and talk to staff and the consultants. Following the open house, another meeting with the committee will be held to go over the comments from the public. A presentation will also be made to the Council prior to finalization of an ordinance to implement any rate increases. He reminded the Council that the City water rate is the second to the lowest on the comparison table and he does not feel that the City should be overly concerned that the rates will escalate to the top of the comparison chart. He reiterated that the our water division is doing a very good job but improvements will require the City to increase rates to meet the rate increase as a financial resource. Once the plan is adopted, it will be another year before the engineering work will be completed. Committee member Tack questioned what effect, if any, the proposed water treatment program will have on those consumers who currently use water softeners. Director Tiwari stated that the filtration system will remove iron and manganese, and reduce the arsenic level in the water. He stated that it is his understanding that water softeners do not reduce the arsenic level. By installing the water treatment plants, the City will be complying with federal and state roles especially in the area of arsenic level reduction. Mayor Jennings commended the committee for the work they have done to date on this project. The meeting concluded at 7:57 p.m.. ATTEST Mary Tennant, Recorder City of Woodburn, Oregon APPROVED RICHARD JENNINGS, MAYOR Page 4 - Council Meeting Minutes, March 5, 2001 8A COUNCIL MEETING MINUTES MARCH 12, 2001 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 12, 2001. CONVENED. The meeting convened at 7:00 p.m. with Mayor Sennings presiding. 002O 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 ANNOUNCEMENTS. A) Public Hearing will be held before the City Council on April 9, 2001, 7:00 p.m., on a remand from the Land Use Board of Appeals (LUBA) regarding Woodburn Company Stores. Testimony at the hearing will be limited to specific issues identified in the LUBA remand. 0083 PRESENTATION: HUMAN RIGHTS COMMISSION AWARD TO A.W.A.R.E. FOOD BANK VOLUNTEERS. Alicia Hernandez, representing the Human Rights Commission, stated that the purpose of the award is to heighten awareness and educate citizens about the strengths of diversity. The Commission has selected the A.W.A.R.E. Food Bank - Nancy Stone and all of the volunteers - for their inspiration to the community and the time Mrs. Stone takes to help those in need within the community. Nancy Stone expressed her appreciation for the recognition award and she reiterated that the work could not be done without the help of her many volunteers and the support of the Board members. Gary Lawhead, Superintendent of MacLaren School, presented a check to Nancy Stone in the amount of $3,000 which was raised by the school staff for the A.W.A.R.E. Food Bank. Page 1 - Council Meeting Minutes, March 12, 2001 COUNCIL MEETING MINUTES MARCH 12, 2001 TAPE READING Mrs. Stone also stated that, thanks to the Mayor's Heart-to-Heart campaign, collections to date total $444 for the purchase of food. Once all of the collections are in, Wal-Mart will match up to $500 for this fundraising project. 0324 PRESENTATION: NORTH BOONES FERRY ROAD IMPROVEMENTS Public Works Director Tiwari stated that he plans on bringing in a pre-engineering report to the Council at the April 9~ meeting, however, before the report is finalized, he would like to receive some input from the Council as to whether or not they would like to make changes to the staff's direction on this project. He stated that the estimated project cost is $2 million and, due to timing in getting work completed before the start of classes in the fall, he is proposing that the project be completed in two phases both of which involve a local improvement district (LID). The first phase would be from the Boones Ferry Rd/Hwy. 214 intersection north to Goose Creek and it involves 7 property owners within the LID. The proposed Phase I project would include widening to 5 lanes, bikelanes, and sidewalks so that it will be compatible with future improvements made to the Highway 214/Settlemier/Boones Ferry Road intersection. He briefly discussed intersection improvements that need to be made in the future and staff' s hope that some financial assistance would be forthcoming from the State since Highway 214 is part of the state highway system. Even though everything is interlinked, the key is to make improvements that will not be very expensive to the City and property owners, and yet work well for the school and general traffic flow. The second phase of the project would provide for a 3 lane road improvement with bikeways and sidewalks, however, it involves a multitude of property owners, and due to the time involved in forming this large of an LID, it will be next summer before Phase II construction would begin. Additionally, staff is looking at undergrounding utilities for Phase I and, even though it is expensive, it will improve the looks of the community. In order to keep overall costs down, staff is looking at saving as much pavement as possible. Mayor Jennings expressed his opinion that the intersection improvement should be done at the same time as the B0ones Ferry Road Phase I improvement. Director Tiwari stated that the intersection improvement has numerous issues involved and ODOT has to approve all of the proposed intersection improvements. It will also involve a larger expenditure from the City and it is unknown if ODOT will contribute to any of the costs if the improvements are made at this time. He is also concerned with the length of time in which it will take ODOT to review, and approve, intersection improvements. In regards to project funding, there will be some system development funds, LID assessments, and other federal funds such as T-21. Staff proposes to give Phase I more financial support than Phase II since it requires a wider street to take care of traffic congestion near the intersection. The turn lane is being added to the design in order to take care of the capacity thereby allowing for the use of system development charges or Page 2 - Council Meeting Minutes, March 12, 2001 COUNCIL MEETING MINUTES MARCH 12, 2001 TAPE READING 1340 traffic impact fees as a financial source for a portion of the project. Another issue briefly discussed involved the inclusion of benefitted properties currently outside of the city limits but adjacent to the existing roadway. Mayor Jennings stated that another process is being initiated to annex properties to the City which are surrounded by the city limits. Director Tiwari stated that if benefitted properties are still located outside of the city limits at the time the LID is formed, the City can request that the County assess the property or look at other options which would then require those properties outside of the city to pay for their share of the costs at a later date. Councilor Nichols stated that he would like to see the intersection improved, however, he questioned as to how long it will take to generate sufficient funds in the Urban Renewal District in order to help fund the intersection project. Administrator Brown stated that this intersection is included in the Urban Renewal project list, however, it may take 5 or 6 years to generate the amount of revenue necessary to make the improvements. Councilor Bjelland stated that he would like to see staff provide the following three alternatives: 1) project without any intersection improvements, 2) a project with minimal amount of intersection improvements, and 3) a project with all of the intersection improvements. A decision can then be made based on costs and impacts. Director Tiwari stated that he will be contacting ODOT to see if they would be willing to pay for a portion of costs associated with the intersection improvements. 1555 ANNOUNCEMENT - ANNUAL CLEAN-UP DAY, MARCH 24, 2001. Mayor Jennings stated that residents can take their yard debris and scrap metal/appliances to United Disposal on Saturday, March 24th, between 7:00 am and 5:00 pm. There will be a charge for appliances that contain freon such as refrigerators and freezers. 1625 INTRODUCTION OF DEAN MORRISON. Public Works Director Tiwari introduced Dean Morrison who has been an employee of the City for approximately 20 years. Up until last July, Mr. Morrison served as the City's Assistant City Engineer and he continues to work in a part-time capacity on the City's engineering staff. Over the years, Mr. Morrison has given the City excellent service and he has come up with ideas that have been beneficial to the City. One idea in particular involves a transpirator process in which he was able to develop a process that allows use of effluent on grass roots and trees as an alternative to discharging the effluent to the Pudding River. Mr. Morrison did some testing of his idea at the wastewater plant and, as a result, the City did get involved with the patent on his idea. Mr. Morrison paid for the material costs to test his idea and, as a result, his idea is now worth many hundreds of thousands of dollars. When the popular tree plantation process was initially discussed by the consultants, the City had no problem with it because of similarity with Mr. Morrison's Page 3 - Council Meeting Minutes, March 12, 2001 TAPE READING 2467 2750 2825 COUNCIL MEETING MINUTES MARCH 12, 2001 grass root system that had already been tested with positive results. The City was the first in the nation in implementing this process and he reiterated that the City has excellent staff members who can think about process improvements that will benefit the City and other local governments in years to come. He also reminded the Council that a majority of all costs relating to the work and filing fees for the patent were paid for by Mr. Morrison. Dean Morrison thanked the Director for his introduction and stated that his work did result in findings that 90% of the ammonia in water is eliminated by this process. CHAMBER OF COMMERCE REPORT. Phil Hand, representing the Chamber Board, reviewed the upcoming Chamber events: 1) Business After Hours - March 15th, West Coast Bank, from 4:30 pm to 6:00 pm 2) Business After Hours - March 22ha, Wooden Shoe Bulb Co., from 4:30 pm to 6:00 pm 3) Chamber Forum - March 21st, at Woodburn Family Medical Clinic. Prior to the Forum, beginning at 7:50 am, there will be a Drug Free Workplace conference which is co-sponsored by OML Laboratories and Woodburn Family Medical Clinic. 4) A Hometown Hero Award program is being sponsored by Woodburn Company Stores and the Woodbum Independent. Recipients of the award will receive a $50 certificate from the Company Stores along with a small plaque and an article in the newspaper. Nomination forms are available at the Chamber office. CONSENT AGENDA. A) Council minutes of February 26, 2001; B) Planning Commission minutes (draft) of February 22, 2001; C) Claims for the month of February 2001; D) Planning Dept. Tracking Sheet; E) Building Activity Report for February 2001; F) Highway 214 sidewalk project status report; and G) Report on installation of a caution light on Highway 211 at the Wastewater Treatment Plant. FIGLEY/NICHOLS... adopt the consent agenda as presented. The motion passed unanimously. COUNCIL BILL 2295 - ORDINANCE DECLARING THAT BLIGHTED AREAS EXIST WITHIN THE CITY, RECOGNIZING NEED FOR AN URBAN RENEWAL AGENCY TO FUNCTION IN THE CITY, AND PROVIDING FOR EXERCISE OF THE AGENCY'S POWERS BY THE MAYOR AND CITY COUNCIL. Council Bill 2295 was introduced by Councilor Chadwick. Councilor Figley stated that, after consulting with the Government Standards and Page 4 - Council Meeting Minutes, March 12, 2001 TAPE READING 3082 3152 326O COUNCIL MEETING MINUTES MARCH 12, 2001 Practices Commission, she has decided to declare a conflict of interest and not participate in this discussion due to the fact that she owns property in the affected area and, therefore, might expect a financial benefit from this action. She stated that she will not be taking any part in this discussion. Mayor Jennings stated that no questions would be asked of Councilor Figley and she will not be giving any answers. Attorney Shields stated that, with the declaration, Councilor Figley will not be participating in the discussion nor will she be voting if a vote is taken. Recorder Tennant read the bill by title only since there were no objections from the Council. Mayor Jennings stated that the Council Bill has been modified from the language on the bill in the agenda packet in that the Section 3 and 5, along with the title, has been rewritten to include "... Mayor and City Council". This action was taken for the purpose of allowing the Mayor to vote in case of a tie. The second reading of the bill was read by title only. On roll call vote for final passage, the bill passed 5-0. Mayor Jennings declared Council Bill 2295 duly passed. COUNCIL BILL 2296 - RESOLUTION ENTERING INTO AN AGREEMENT WITH UNION PACIFIC RAILROAD FOR LEASE OF PREMISES FOR HIGHWAY PURPOSES.. Council Bill 2296 was introduced by Councilor Chadwick. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared the bill duly passed. COUNCIL BILL 2297 - RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF ALL LANDS SURROUNDED BY THE CITY. Council Bill 2297 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2297 duly passed. COMMUNITY CENTER PLANNING COMMITTEE. Mayor Jennings stated that he had requested the City Administrator to prepare the staff report which is in the agenda packet to outline the process to be followed in establishing the Committee. He stated that, to date, he has obtained commitments from 2 volunteers and is working on getting a third person to be a part of the committee. Administrator Brown reviewed his report which provided information on the criteria for service, qualifications of applicants, and the groups those applicants would represent as the potential users of a new center. A paid advertisement will be placed in the Woodburn Independent soliciting citizen participation on this committee and the Councilors are also urged to contact persons that they feel would meet the qualifications and ask them to 8A Page 5 - Council Meeting Minutes, March 12, 2001 8A COUNCIL MEETING MINUTES MARCH 12, 2001 TAPE READING apply for one of the positions on the committee. Applications are available at the City Administrator's office. 3408 ACCEPTANCE OF LATE BANCROFT BOND APPLICATIONS. Staff recommended that the following Bancroft Bond applications submitted by the following property owners be accepted by the Council: 1) Downtown Alley Local Improvement District (Ord. 2273): Luis & Luisa Quintero, Thomas Flomer, and David 8: Jennifer Lindenmuth. 2) Parr Road Local Improvement District (Ord. 2278): Luka & Anastasia Vshivkoff. FIGLEY/NICHOLS... under the authority of ORS 223.210, accept the Bancroft Bond applications as listed in the staff memo. The motion passed unanimously. 3444 EXTENSION OF "NO PARKING" ALONG EAST LINCOLN ST. IN FRONT OF 3525 WASHINGTON SCHOOL. A request was made by the school to extend the "No Parking" to the area in front of the school beginning at the school's west driveway and going east approximately 350 feet. The parking restriction would be in place only during school hours and it was requested for the purpose of providing better visibility and increased safety for the students. Staff recommended that the signs be installed. SIFUENTEZ/FIGLEY... 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. The motion passed unanimously. APPROVAL OF SOLICITOR'S LICENSE FOR BOY SCOUT TROOP//691 A request was submitted by Roger Midura, Boy Scout Troop #691 Committee Member, for a solicitor's license for the troop, with a waiver of fees, so that the troop members could perform a fundraising community service project involving the painting of resident and business address numbers on the curb next to the driveway. If approved, this project will be held during the month of April 2001. FIGLEY/SIFUENTEZ... approve a solicitor's license for Boy Scout Troop #691 and waive the licensing fees. The motion passed unanimously. 3585 REQUEST FROM MID-WILLAMETTE VALI.EY MAYOR'S COALITION REGARDING SENATE BILL 1149 - ELECTRIC DEREGULATION INITIATIVE. Mayor Jennings stated that the Coalition is asking local governments in the Mid- Willamette Valley to voice opposition to Senate Bill 1149 which partially deregulates the electric power industry in Oregon and goes into effect in October 2001. In his opinion, the electric and gas utilities need to be regulated so that problems that were experienced in California due to deregulation will not surface in Oregon. He stated that a resolution Page 6 - Council Meeting Minutes, March 12, 2001 , , 8A COUNCIL MEETING MINUTES MARCH 12, 2001 TAPE READING was included in the agenda packet and, if the Council so desires, a Council Bill number will be assigned and the bill introduced for Council action. It was the consensus of the Council to assign a number to the Council Bill. COUNCIL BILL 2298 - RESOLUTION URGING A DELAY IN THE IMPLEMENTATION OF ELECTRIC DEREGULATION IN OREGON. Councilor Chadwick introduced Council Bill 2298. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2298 duly passed. 3760 CANCELLATION OF MARCH 26, 2001 COUNCIL MEETING. Mayor Jennings stated that the City Administrator will be out of town the last two weeks in March and the City Attorney will be out of town the week prior to the next regular meeting. Therefore, staff recommended that the March 26m meeting be canceled. BJELLAND/NICHOLS .... cancel the March 26, 2001 Council meeting. The motion passed unanimously. 3850 CITY ADMINISTRATOR'S REPORT. A) Cable TV Franchise Renewal: Administrator Brown stated that consultant Steve Jolin is assisting the City with the evaluation of the existing system and the Cable TV renewal process with DirectLink. As part of the process in evaluating the existing system, three meetings have been scheduled for April 4t~ to fulfill the community ascertainment phase, and, upon completion of this phase, information received would be put into a package that would be used to negotiate a franchise renewal or, if needed, to put out a bid for a competitor. Under federal communications law, the City needs a solid base of information and statistics available since the City can only ask for what is reasonable and for what the community has indicated their desires are as it relates to community access. B) Preemption Bills - Transient Occupancy Tax: Administrator Brown stated that HB 2934 has not yet been introduced to legislative committee, however, he felt that it was necessary to inform the Council prior to it going to committee and, if agreed to by the Council, authorization be given to send a letter to the City's various legislators and the committee members should it go before the committee. As drafted, the bill would create the authority for the State to charge a 1% transient lodging tax that would be attached to any transient lodging tax currently being imposed in a city. It also limits the local agencies ability to both increase the lodging tax in the future and to use the taxes collected. Voter approval would be required for any subsequent increases and it earmarks the money for tourism/marketing activities. Also, the lodging operator would be required to be reimbursed for their cost of collecting and accounting at a minimum of 5% of the Page 7 - Council Meeting Minutes, March 12, 2001 SA COUNCIL MEETING MINUTES MARCH 12, 2001 TAPE READING tax collected. Currently, the City gives lodging operators 10% of the tax collected, however, the bill as written, would be required to pay some additional funds to the lodging operator since the tax collected for tourism and marketing would be at 100% of the amount assessed versus the amount assessed less the lodging operator fee. The larger problem is that our current tax is a local discretionary revenue which has been put to General Fund uses such as street maintenance and law enforcement activities. This bill would preempt the City's ability to utilize proceeds from the lodging tax for funding activities that are not classified as tourist activities. He recommended that the Council take a position in opposition to this bill and authorize the Mayor to sign a letter similar to the draft letter in the agenda packet. Mayor Jennings stated that he feels this proposed bill is an infringement on home rule and urged the Council to oppose this bill. FIGLEY/NICHOLS... go on record as being opposed to HB 2934 and authorize the Mayor to sign the letter being discussed with minor modifications that may be necessary to tighten up the language in the letter. Councilor Figley agreed that local governments are very well-qualified to make decisions and she disliked state legislation that seems to think that local governments are unable to make appropriate financial decisions. The motion passed unanimously. .4611 C) Letter from State House Committee on Rules, Redistricting and Public Affairs: Administrator Brown reminded the Council that they are responsible for redistricting and reapportionment of the boundaries within the City as a result of the most recent federal census. The criteria to be followed in this process is listed in ORS 188.010 and it applies to state legislative and congressional district boundaries in addition to City Ward boundaries. The House Committee on Rules, Redistricting and Public Affairs and the Senate Committee on Rules and Redistricting will be accepting public testimony to collect information from the citizens regarding this issue prior to the actual development of a state-wide redistricting plan. He reiterated that the public testimony before the legislative committees will only be applicable at the state level and, later this year, the City will begin its own redistricting/reapportionment process. D) Administrator Brown stated that he will be out of town on vacation March 19-30, 2001. During his absence, he will be leaving Public Works Director Tiwari in charge of daily operations of general business and the Police Chief in charge of police activities. NICHOLS/KILMURRAY .... arrangements made by the Administrator to appointment Frank Tiwari as City Administrator pro-tem for general business operations and Chief Null for police activities while the Administrator is on vacation be approved. The motion passed unanimously. Page 8 - Council Meeting Minutes, March 12, 2001 8A COUNCIL MEETING MINUTES MARCH 12, 2001 TAPE READING 505O MAYOR AND COUNCIL REPORTS. Councilor Figley stated that she was glad to see that the legislative committees are beginning the public input process since there are certain features of our own House and Senate Districts that do make any sense and she intends to express her views to the committee. She encouraged other local citizens to take advantage of this opportunity to express their views on house/senate district boundaries. Councilor Kilmurray stated that she will be out of town for the April 9m Council meeting. Councilor Bjelland agreed with comments made by Councilor Figley and he encouraged public involvement on redistricting. In regards to the Cable TV franchise renewal process, he expressed his opinion that it is very important that the City is not only looking at the Cable TV aspect but delivery of services specifically in the area of internet and broadban capabilities. Councilor Sifuentez expressed her thanks to the MacLaren staff who supported her in the most recent food drive for the AWARE Food Bank. Councilor Chadwick reminded the Councilors that the Woodburn Downtown Association dinner and auction will be held on Friday, March 16th, at 6:00 pm. 5474 ADJOURNMENT. FIGLEY/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:17 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 9 - Council Meeting Minutes, March 12, 2001 , ' 8A COUNCIL MEETING MINUTES APRIL 9, 2001 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 9, 2001 0020 ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Absent Councilor Kilmurray Absent Councilor Nichols Absent Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwafi, Deputy Police Chief Russell, Community Development Director Mulder, Public Works Manager Rohman, Park & Recreation Director Westrick, City Recorder Tennant DUE TO A LACK OF A QUORUM, THE MAYOR DID NOT CONVENE THE COUNCIL MEETING. Mayor Jennings stated that the business items on this agenda would be carried over to the next meeting. In regards to the public hearing that was noticed for this meeting (Supplemental Review of Annexation g98-03, Comprehensive Plan Map Amendment 098-02, and Zoning Map Amendment g98-04: Woodburn Company Stores Phases 2 & 3) would be re-noticed for a later date. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - Council Meeting Minutes, April 9, 2001 8A SPECIAL COUNCIL MEETING MINUTES APRIL 12, 2001 TAPE READING .0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 12, 2001. CONVENED. The special meeting convened at 5:35 p.m. with Mayor Jennings presiding. 0007 ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Absent Councilor Kilmurray Present (5:44 pm) Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Parks Superintendent Pitt, City Recorder Tennant Mayor Jennings stated that Councilor Figley was hit by a motorist in downtown Portland on Monday afternoon when she was crossing a street in a marked crosswalk. She is having surgery on her knee tomorrow morning. 0057 COUNCIL BILL NO. 2299 - ORDINANCE RELATING TO TELECOMMUNICATIONS WITHIN THE CITY AND MANAGEMENT OF PUBLIC RIGHTS-OF-WAY. Councilor Chadwick introduced Council Bill 2299. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Bjelland questioned if the fees were established within the ordinance or were the fees a negotiated amount. Administrator Brown stated that there is (1) an application filing fee in the ordinance, (2) a franchise fee that would be arrived at through negotiations and included in the franchise document, and (3) construction permit fees that would be set by Resolution at a future date. Discussion was held on franchise fees and it was noted that it is possible that different telecommunication companies could have different fee levels under the provisions of this proposed bill. Additionally, this bill would pertain to telephone companies. On roll call vote for final passage, the bill passed 5-0. Mayor Jennings declared Council Bill 2299 duly passed with the emergency clause. Page 1 - Special Council Meeting Minutes, April 12, 2001 ' 8A SPECIAL COUNCIL MEETING MINUTES APRIL 12, 2001 TAPE READING 0515 COUNCIL BILL NO. 2301 - RESOLUTION AUTHORIZING CITY TO APPLY FOR A LOCAL GOVERNMENT GRANT FROM OREGON PARKS AND RECREATION FOR PLAYGROUND RENOVATION AT LEGION PARK. 0582 Councilor Chadwick introduced Council Bill 2301. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2301 duly passed. COUNCIL BILL NO. 2302 - RESOLUTION AUTHORIZING CITY TO APPLY FOR A LOCAL GOVERNMENT GRANT FROM OREGON PARKS AND O632 RECREATION FOR THE SKATE PARK. Council Bill 2302 was introduced by Councilor Chadwick. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2302 duly passed. BID #21-07: WILLOW AVENUE SANITARY SEWER REHABILITATION. 0829 Bids for the installation of approximately 162 lineal feet of 10" diameter sewer main on Willow Avenue were as follows: C R Trucking, $10,896.50; J-Mac Inc., $12,090.00; Western States, $12,491.04; Gelco Construction, $13,670.00; Canby Excavation, $13,414.30; Bob's Backhoe Service, $18,536.00; William's & Ryan, $19,472.00; Hubco Excavation, $21,492.70; Cipriano & Sons, $22,700.00; and Emery & Sons, $23,448.00. Staff recommended the acceptance of the low bid which is 14% below the engineer's estimate. Councilor Kilmurray questioned the Director as to why there is such a difference between the low bid and high bid on this project. Director Tiwari stated that often times contractors will bid higher amounts if it is a situation in which they would like to submit a bid to the City but they do have other jobs lined for the upcoming months and are not as concerned about being awarded the contract. BJELLAND/SIFUENTEZ... award the construction contract to the lowest responsible bidder, C R Woods Trucking, Inc., for the Willow Avenue Sanitary Sewer Rehabilitation in the amount of $10,896.50. The motion passed unanimously. BID AWARD: CENTENNIAL PARK FENCING AND MI,qCELLANEOUS CONCRETE WORK. Bids were received from the following contractors: Gelco Construction Co., $77,797.50; Axis Curb Co., $83,912.20; and Woodburn Construction, $111,830.65. Staff recommended the acceptance of the low bid submitted by Gelco Construction which was below the engineer's estimate of $79,900. Page 2 - Special Council Meeting Minutes, April 12, 2001 8A SPECIAL COUNCIL MEETING MINUTES APRIL 12, 2001 TAPE READING BJELLAND/CHADWICK... award the construction contract to the lowest qualified bidder, Gelco Construction Co, for the Centennial Park Phase li b - Fencing and Miscellaneous Concrete project, in the amount of $77,797.50. The motion passed unanimously. 0919 BID AWARD: CENTENNIAL PARK SECURITY LIGHTING PROJECT. O956 Bids for the construction of security lighting for the parking facility at Centennial Park were received from the following contractors: Kunert Electric, $24,964.00; and R J Rouse Electric, $29,170. It was noted that the bid was above the engineer's estimate of $21,230, however, the low bid is still within the project budget. BJELLAND/SIFUENTEZ... award the construction contract to the lowest qualified bidder, Kunert Electric, for the Centennial Park Phase Ii b-Security Lighting project, in the amount of $24,964.00. The motion passed unanimously. AUTHORIZATION FOR CITY ADMINISTRATOR TO SIGN THE SAFE DRINKING WATER REVOLVING LOAN APPLICATION FOR A WATER TREATMENT PLANT PROJECT. Staff is in the process of completing an application for a $4 million loan under the Safe Drinking Water Loan program and authorization was requested for the Administrator to sign the application form. KILMURRAY/SIFUENTEZ... authorize the City Administrator to sign the Safe Drinking Water Revolving Loan application to be submitted for a water treatment plant project. The motion passed unanimously. 0983 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn to executive session in accordance with ORS 192.660(1)(h), and ORS 192.660(1)(f). NICHOLS/SIFUENTEZ... adjourn to executive session under the authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 5:55 p.m. and reconvened at 6:10 p.m.. Mayor Jennings stated that no decisions were made in executive session. BJELLAND/KILMURRAY .... City not appeal Army Corps of Engineer's decision g99- 317. The motion passed unanimously. 1030 Mayor Jennings stated that them will be a Special Council meeting on May 7th to hold the public hearing on the Woodburn Company Stores LUBA remand. He stated that this issue needs to be solved and it is now time sensitive. Administrator Brown provided the Council with a list of upcoming meetings: Page 3 - Special Council Meeting Minutes, April 12, 2001 8A SPECIAL COUNCIL MEETING MINUTES APRIL 12, 2001 TAPE READING April 23~a - regular Council meeting April 30th - Budget Committee meeting regarding Capital Improvement budgets May 1st - Council workshop on policy considerations regarding the Economic Development study with policy decisions to be brought before the Council at their May 7~ Special meeting; May 7th - Special Council meeting May 14th - regular Council meeting May 15t~ - Budget hearing before the Budget Committee May 28th - regular Council meeting 1470 Councilor Bjelland questioned the status of the City's Periodic Review process and whether or not the population assumptions for Woodbum would be revisited in this process since the new census number show that Woodbum has a greater population than the original calculations. Administrator Brown stated that he spoke with the DLCD (Dept. Of Lands Conservation District) representative a couple of weeks ago who stated that the City will need to go with the census data the City has working with as modified by projections. Staff will look further into any potential waivers due to the population increase. 1520 ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 6:20 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 4 - Special Council Meeting Minutes, April 12, 2001 Executive Session COUNCIL MEETING MINUTES April 12, 2001 8A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 12, 2001. CONVENED. The Council met in executive session at 6:00 p.m. with Mayor Jennings presiding. ROLL CALL. Mayor Jennings Present Councilor Bj elland Present Councilor Chadwick Present Councilor Figley Absent Councilor Kilmurray Present Councilor Nichols Present Councilor Sifuentez Present Mayor Jennings reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, City Recorder Tennant The executive session was called under the following statutory authority: 1) ORS 192.660(1)(h) to consult with counsel concerning legal rights and duties of a public body with regard to current litigation or litigation likely to be filed; and 2)/3RS 192.660(1)(0 to consider records that are exempt by law from public inspection. ADJOURNMENT. The executive session adjourned at 6:08 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Council Executive Session Minutes, April 12, 2001 8B MINUTES Woodburn Recreation and Parks Board Regular Monthly Meeting Tuesday, March 13,2001 7:00pm City Council Chambers 1. The meeting was called to order at 7pm by Janet Greenwell. Role Call Members present: Janet Greenwell, chair; Melissa Tittle, Member; Kathy Figley, Council Liaison; Richard Hammond, Member; Sharon Felix, Member; Staff present: Randy Westrick, Director; Brian Sjothun, Leisure Services; Kathy Willcox, Aquatics; Jennifer Goodrick, AA. Members absent: Herb Mittman, vice chair; Frank Anderson, Member; Patricia Watts, Member. 3. Approval of Minutes from January 9, 2001 meeting. A motion to accept the minutes as written was made by Richard Hammond. The motion was seconded by Sharon Felix. The motion was passed unanimously. 4. Business from the audience: there was none. '5. Business from the Director Division Reports 1. Leisure Services Div.-Brian Sjothun shared information about a Woodbum Together project called 40 Assets: A Program for Families. Handouts were provided. The division is currently focusing on the development of more programs for teenagers, both middle and high school students, and this program seems like a great fit. Woodburn Together will attend training next Tuesday to see if they are going to adopt this program as a board. Basketball wrapped up at the beginning of March and baseball is underway. Drop in centers continue to do well, drawing 100+ students daily. Richard Hammond asked what the #1 priority is for the division and Brian said teen programs, especially establishing a teen center. The plan is to move the Drop in centers to elementary school campuses and use the Settlemier drop in center as a teen center. 2. Aquatics Div. -Kathy Willcox reported that attendance has been good at the pool, over 400 at free swim Saturday. Buck Wednesday drew over 100 kids last month. Cuda club is growing, practicing daily from 4-6. St Luke's has started school lessons and are in their second week. Lincoln finishes two classes this week and will start two more after spring break. Life guard classes to prepare for summer employment will begin shortly. Janet Greenwell inquired about the Mothers Day Spa Day event that was so successful last year. Kathy said 8B they are planning this event right now, looking for volunteers and donations of merchandise and services for the May 6th event. The pool is also increasing participation from 75 to 100 this year. 3. Parks Maintenance. & Facilities - Randy gave report on progress at Centennial Park. We are out to bid for security lighting presently and will soon have bids for miscellaneous work next week. The hope that three ball fields will be done by August. Land scape is roughed in already. The National Guard is scheduled to begin work on rest rooms by June 1. The sign will go up soon. Richard Hammond asked if there were lots of ball teams in Woodburn. Brian Sjothun and Sharon Felix invited him to attend the May 5 Jamboree. 6. Hermanson III Wetlands Mitigation Project Workshop Presentation from Paul Sedoruk: Randy introduced Paul Sedoruk and the Luckey Co. The Board heard Paul's presentation last fall and approached the City Council who gave their initial approval to investigate this possibility further. The Council asked the Luckey Company to draw up their initial plans and present them to the Recreation and Parks Board. The Board held a small workshop in November. City engineer, David Torgeson, has given his tentative recommendation to the project based on initial plans. Paul gave a power point presentation proposing this wetlands enhancement project. Luckey Co working with the Division of State Lands mitigations requirement. They are currently conducting studies about flooding and security issues. Paul described the existing condition at the park, which is basically a channelized ditch. The plan is to re-grade the existing channel to improve water quality and flood control. This would also provide habitat for wildlife and would create a canopy by planning trees. The Luckey Co. will need a permit from Public Works, who will make sure the flooding issue is addressed as will the Army Core Of Engineers. Public Comment: Tony Chernishoff asked "Doesn't wetlands mean swamp?" Paul replied no, there are many kinds of wetlands, some of which he then described. Paul stated that the Lucky Co. will prepare 5 or 6 scenarios for this project. The creek will move quicker, be broader, and will be cooler than the area is now. Randy asked Paul if the Hermanson III Park would have to be "Exactly" like the wetland that was lost. Paul said no-an enhanced wetland is all they need to create to fulfill the DSL requirement, they don't need to re-create what was lost. Neighbor Penny expressed concern that the pond water level be affected by the project. Paul said no, the run-off only would channeled into the stream, but no more than runs off now. Another neighbor asked how the project would be funded and how flooding would be controlled. Paul said that the Luckey company would pay for all plants, and said the flooding issue could be answered by the public works department. Said that by widening the channel that the flooding would be better controlled. Randy asked David Torgeson to discuss the permitting process and how these concerns will be handled by public works. David described the permitting process, said the excavation would provide extra storage for flood waters. While the proposal would not elevate this flood water, Davd said that this won't save homes from flooding that have flooded before. It will be an administrative manner to decide if the project can proceed as proposed. Said that he will study it more thoroughly when he gets the entire proposal. Neighbor Penny asked about the trees on the east side of the creek, would they stay? Paul said yes, the trees are a 8B controlling factor. Neighbor Penny wants the LC to provide a list of trees that they intend to plant and how they plan to keep them safe from vandalism. Paul assured the audience that part of the permitting process would require a detailed list of vegetation, and hat the DSL requires the Luckey Co to monitor the site for five years and maintain a 80% survival rate. Randy asked Paul to go through the list of the types of trees that they propose be planted. In the mean time, Richard Hammond asked if vandalism is a problem in her neighborhood. Penny described several problems she perceives with children in her neighborhood, calling for education. Paul then continued to describe the planting process and the types of plants they want to use, which was listed in the Board packet. Mel Schmidt stated that the plants planted in the stream, the water slows down and said that the security would be a problem again. He is unhappy that an outside company was coming in disrupting local residents, said that the stream only has water in it 2 months out of the year. Wants to know who will pay for this after the Luckey Co is gone. Also said that he is very suspicious about the "glossing over" of the project. Said that the Board shouldn't recommend this until they see more detailed plans and things in writing; urging the Board to postpone recommendation to the Council until they have a better set of plans. Richard asked Mel why he thought this wasn't a good place for this project. Mel said that he doesn't think we should have to take care of the Luckey Co. problem with the DSL. Paul said the reason Hermanson III was chosen was because it was closest to the original wetland that was lost. Randy assured the neighborhood residents that the Public Works dept and the DSL will require a much more detail in the plans the Luckey Co will have to provide those agencies. Janet stated that she is also concerned that the neighbors are comfortable with the project. Mel again stated his reservations about security, that if you can't walk through it, how could it be a walk-thru classroom as had been proposed? Also, why weren't other locations considered? Discussion Ensued. Mel suggested that people could tunnels in the brambles and get into mischief and hide; discussed several incidents that had happened previously. Janet asked Randy if the Woodbum Police Department has seen the plans; they have not. Mel said that a Woodburn Polide officer is on the Meadows Park board and that officer opposed this project. Tony Chemishoffrestated that -security is a big concern. Many neighbors in the audience nodded in agreement. Said he hasn't seen the vandalism problems of his other neighbor, but thinks that the park is fine as it is, is opposed to any changes. Cleo Gardner stated that the vandalism problem is caused by nutria, not necessarily humans. Would like to see the problem addressed, would like to see nutria relocated. Richard asked Mel why he didn't bring up his concerns at the city council meeting. Mel Schmidt said that he was not given the opportunity to voice his concerns at the meeting. Council Liason Kathy Figley stated that the reason the City Council did not solicit opinions from the audience at that meeting because they knew the project would be discussed at the Parks Board meeting in a workshop environment. Mel restated that he should have been able to state his opinion at that meeting, or at least had the letter he had written to the Council read at that time. He still thinks the Council should have listened to neighbor concerns at that time. Sharon asked Paul if the water would be oxygenated. Paul said yes, based on the vegetation they want to plant, the water would natually be oxygenated. Mel stated that Paul was incorrect, that the vegetation would not do that. Another neighbor said that the pond is dry months a year, who would pay for that? Penny stated several options are available and that the existing pond should be enhanced before more wetlands are developed. Mel said that they'd like a pond too, but not a jungle. Richard asked what would be done if the creek was dry more than 4 months a year. Paul restated that the definition of a wetland is not "running water", but the condition of the soil; and that wetlands often dry up in the summer. Said he would love to work on the pond, but the DSL 8B would not give them credit, so they will not be doing that project. Stated the various kinds of credit is given by the DSL. Richard asked what would happen if this project was rejected by Woodburn? PS said they would go to DSL and say "we tried" then it would be up to DSL at that point how the Luckey Co would have to proceed. Penny asked if the planting has to be that extensive? Could a happy medium be reached? Paul said that they could do open prairie wetland, a floral type environment. Would be different plans, similar regrading, and a open meadow wetland. Tony Chernishoff said less thicket and vegetation would be fine, but doesn't want the grade lowered because of flooding concerns. Mel said he'd want plants to be one foot or shorter. Would like to see the channel widened to help drainage, and that hybrid poplars would be very tall within 5 years to provide shade. Richard asked if the project would be more palatable with these revisions? Mel said yes, but he'd want to see the plans first. Paul said he would be happy to meet with the neighbors with a clean slate to redesign this project. Sharon said that she would hate to loose this opportunity. Janet proposed another meeting with the neighbors before the Board decides whether recommend this to the council. 7. 2001-03 Goals & Objectives: Randy discussed the goals of the City Council for the Recreation and Parks Dept. A primary goal is to provide a broader range of affordable youth activities. Want to move drop in centers onto school campuses; removing the program from the substandard Legion site, and freeing up the Settlemier site for use as a teen center. Since Settlemier Park is also the likely location for the proposed skate park this could be the cornerstone of a teen park complex. Recreation and Parks will be working with Woodbum Together to continue and sustain teen programs. Funding for a new community center is also a primary goal. The City Council is putting together a task force for this purpose and asking for a R& P Board for a representative. The Council wants to proceed with the planning while looking into alternative funding. A 'phasing project for the community center is a possibility. Sharon Felix expressed interest in bing the Board representative. Janet thanked her and appointed her. Additional goals and objectives included electrical repairs for Legion Park. A $50,000 grant for Burlingham park is anticipated, Heritage Park needs to be made ADA compliant, and playgrounds at Legion Park should be expanded with grants and donated money. Sharon asked if we could phase in park improvements every year to take care of neighborhood parks. Randy said he would rather do this every other year; saving and planning one year, then spending the next. Would like to get general fund requests, then get matching funds from the STC's. We have to be aware of requirements from STC in order to utilize this program. WRPD Objectives for 2001-02 Budget Year: See form A on last page of handout. 8. Skate Park Randy reported that the Youth Committee (roster is listed in the Board packet) meets every other Thursday night. Recently the committee went to Springfield to observe their · ' 8B progress since Springfield is almost three months farther along in the process. This trip gave these boys an understanding about fund raising, community involvement and how complicated this project really is. A skate park cost about $25 per square foot. Council committed $50,000, will apply for a $50,000grant. Other community fund raising efforts are also underway. Randy noted that this is committee is a good extension into teen programming as well. The Skate Park committee would like to report to the board in April. 9. Future Board Business: Business from the board: Melissa asked about the ice age floods project. Randy reported that he was asked to chair a local committee in preparation for the congressional hearings. Randy and Kezia Merwin are also developing a scientific exploration permit and policies that will insure that artifacts are removed correctly and curated properly. Janet moved the next meeting to April 17th. 10. Board Comments: there were none 11. Adjournment-meeting was adjourned by Janet at 9pm ' ' 8C MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: February 14, 2000 ROLL CALL: Phyllis Bauer Marie Brown Ardis Knauf Kay Kuka - Present - Present - Present - Present Barbara Pugh Kevin Schiedler Pat Will Mary Chadwick Ex-Officio - Present - Present - Excused - Present STAFF PRESENT: Donna Melendez, Librarian Judy Brunkal, Librarian Judy Coreson, Recording Secretary GUESTS: None CALL TO ORDER: Vice-President Kay Kuka called the meeting to order at 12 Noon. SECRETARY'S REPORT: The monthly Board minutes of December 13, 2000 submitted. approved as PUBLIC COMMENT: None DIRECTOR'S REPORT: Donna Melendez, Librarian, attended the meeting in Linda's absence. Mary Chadwick, City Councilor, was welcomed back. Monthly Statistics: The monthly statistics were self-explanatory. The number of people visiting the library for the month of January, 2001 was 15,256. Activities: A list of activities was distributed to the Board. Mary Parra has scheduled an illusionist and ventriloquist, Steve Taylor with Rudy O'Riley, at 1 P.M. on Saturday, February 17, at the City Hall Council Chambers. The library will be closed Monday, February 19 for Presidents' Day. The Friends of the Library will be holding their booksale Thursday (preview sale) from 5 to 7 P.M. on Feb. 22, and Friday & Saturday, Feb. 23 & 24, from 10 A.M. to 4 P.M. in the Carnegie and Multi-Purpose Rooms at the library. Judy Brunkal, Librarian, reported on upcoming programs that she has scheduled. The Chautauqua Lecture Series, sponsored by the Friends of the Library and funded by the Oregon Council for the ' 8C Humanities, will be held Sundays at 2 P.M. in the Woodburn City Hall Council Chambers. On February 11, ninety people attended the program by Pat Courtney Gold, "Columbia River Indigenous People 'Discover'' Lewis and Clark". On February 25, Darrell Millner, professor in the Black Studies Department at PSU, will present "York and the Corps of Discovery"; on March 4, Shannon Applegate and Esther Stutz. man present "Two-Way-Seing: Pioneers and Native Oregonians"; and on March 11, Paul Pitzer will give an historical presentation, "Why Grand Coulee Dam Could Not Be Built Today". Judy is also forming a new book discussion group to discuss Latino authors and materials. The series is called "The Language That Unites Us". Books provided will be both in English and Spanish. The group members will read a series of books and then come together for a discussion with scholar Patricia Varas from the Willamette University. The group will meet Mondays at 6:30 P.M. on February 26, March 12, April 2, 16 and 30. If you are interested in joining this group, contact the librarian at the reference desk. Staff News: Amy Vise was hired to replace Teri Maes as Library Assistant/Security Monitor. Some of the staff have not been at work because of surgery and illnesses. Hopefully, by next week everyone will be back. OLD BUSINESS: Volunteer of the Month: Helen DuBuque has been chosen Volunteer of the Month for January. None NEW BUSINESS: Donna reported on Technical Services at the Library. Collection development is an on-going project with weeding and adding new materials. There are new Spanish language magazine titles. Books and music on CD's will be added soon. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at 1:35 P.M. Respectfully Submitted, Judy Coreson Recording Secretary Library Board Minutes - 2/14/01 2 ' ' 8(; MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: March 14, 2001 ROLLCALL: Phyllis Bauer - Present Barbara Pugh Marie Brown - Present Kevin Schiedler Ardis Knauf - Present Pat Will Kay Kuka - Present Mary Chadwick Ex-Officio - Present - Present - Present - Present STAFF PRESENT: Linda Sprauer, Director Judy Coreson, Recording Secretary Mary Parra, Youth Services Librarian GUESTS: None CALL TO ORDER: Vice-President Kay Kuka called the meeting to order at 12 Noon. SECRETARY'S REPORT: The monthly Board minutes of February 14, 2001 were approved as submitted. PUBLIC COMMENT: None DIRECTOR'S REPORT: Linda expressed her appreciation for the card and flowers that the Library Board sent following her surgery. Linda described the new City logo that is used on the letterhead and business cards. Monthly Statistics: The monthly statistics were self-explanatory. The number of people visiting the library for the month of February was 15,331. Activities: A list of activities was distributed to the Board. Continuing activities are: Preschool Storytime on Wednesdays at 11 A.M.; Spanish Storytime on Saturdays at 11:30 A.M.; Tuesday Night at the Library at 6 P.M.; Internet training on Friday and Saturdays from 8:30 to 11 A.M.; Adult Book Discussion, Monday, March 19 at 10 A.M.; and the Bilingual Book Discussion Group, Monday, March 12, 6:30- 8:30 P.M. OMSI "Light and Color Traveling Science Exhibit, March 12 -May 8; On Sunday, March 25, at 2 P.M. at the City Council Chambers, Arlene Cohen will present "Wise Women's Stories" in celebration of Women's History Month. Arlene Cohen, a professional storyteller, celebrates women's creativity, power and resourcefulness through her stories; National Library Week, April 1st _ 7th; "Check It Out Yourself Day", April 2; Friends of the Library meeting will be Monday, April 2; On Sunday, April 8, at 2 P.M. in the City Hall Council Chambers, Jane Kirkpatrick will present "Landscapes of Our Lives". Jane Kirkpatrick is nationally recognized for her authenticity and accuracy in telling stories of the west; The library will be closed Easter Sunday, April 15. The last Young Readers Choice Award Book Discussion Group was Friday, March 9; The Chautauqua Series ended with the last program Sunday, March 11. All of the Chautauqua programs were well attended. On Monday, April 2, "Check-It-Out Yourself Day" begins National Library Week. If 100 people use the Self-Checkout machine, the library will qualify to enter a drawing for one of five $1,000 prizes. The prize money would help purchase more books, resources and materials. Staff News: Betty Yoder has resigned effective April 27. The position will be advertised. Volunteer of the Month: Lois Wengenroth was chosen Volunteer of the Month for March. OLA Conference: The OLA Conference will be held March 28-30 in Seaside. Some members of the staff will be attending at various times. OLD BUSINESS: NEW BUSINESS: HVAC Update: This project has been finished for some time except for the final signing of completion. Carnegie Exterior: A time-line will be established for this project to begin this spring and be finished this fall. Mary Parra, Youth Services Librarian, reported on current programs. The OMSI "Light and Color Traveling Science Exhibit" began March 12 and will continue through May 6. The exhibit is at the Library Board Minutes - 3/14/01 2 8C library during Spring Break and National Library Week. "Dia del Nino" (Day of the Child) will be held at French Prairie Middle School from 2 to 6 P.M. on Saturday, April 28. There will be information for parents and fun and games for the children. Proposed 2001-2002 Budget: Linda reported on the proposed budget. She is now working on additional requests to be given to the City Administrator and the Budget Committee. Some of the requests are: the re-institution of an Assistant Library Director; changing a part-time Library Assistant/Security Monitor position to full time; more shelving and various items of equipment. Election of Officers: The Library Board elected the following new officers: President Kay Kuka, Vice-President - Pat Will and Corresponding Secretary r Kevin Schiedler. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: The Budget Committee held a workshop last Saturday. The Mayor stated Linda and the library staff are doing great things at the library. ADJOURNMENT: The meeting was adjourned at 12:45 P.M. Respectfully Submitted, Recording Secretary Library Board Minutes - 3/14/01 3 , , 8C MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: April 11, 2001 ROLL CALL: Phyllis Bauer - Present Barbara Pugh - Excused Marie Brown - Present Kevin Schiedler - Present Ardis Knauf - Present Pat Will - Present Kay Kuka - Present Mary Chadwick - Present Ex-Officio STAFF PRESENT: Linda Sprauer, Director Judy Coreson, Recording Secretary GUESTS: CALL TO ORDER: SECRETARY'S REPORT: President Kay Kuka called the meeting to order at 12 Noon. The monthly Board minutes of March 14, 2001 were approved as submitted. CORRESPONDENCE: None PUBLIC COMMENT: None DIRECTOR'S REPORT: Monthly Statistics: The monthly statistics were self-explanatory. The number of people visiting the library for the month of March was 17,895. Activities: A list of activities was distributed to the Board. The regular programs continue - the adult book discussion group, Tuesday Night at the Library, Preschool Storytime, Spanish Storytime and Internet classes. Tax Night at the library is Thursday, April 12, from 6 - 8 PM. Trained helpers will be there to answer your questions. The library will be closed Easter Sunday, April 15. Dia del Ninos (Day of the Child) will be Saturday, April 28, from 2 - 6 PM at the French Prairie Middle School. There will be fun and games for children and information for parents. Children will make traditional Mexican banners in the Youth Services area the week before Cinco de Mayo. The last day for the OMSI "Light and Color Traveling Science Exhibit" is Sunday, May 6. Judy Brunkal has scheduled the following "Brown Bag Lunch" programs in the Carnegie Room on Wednesdays at 12:15 to 12:45 PM: May 9, "How to Grow Dahlias" presented by Conwin McNair; May 16, "Fitness Tips for Everyone" presented by Tammy Hammack- Ryan; May 23, "How to Avoid Fraud" presented by David Bernatz from the Oregon Department of Consumer and Business Affairs; and May 30, "Book Talk" by library staff. Sunday and Monday, May 27 and 28, the library will be closed for the Memorial Day Holiday. Sunday, May 20, is the last Sunday open until September. Staff News: Shirley Linn, from the Green Thumb agency, began working at the library April 2. The Green Thumb program helps older workers to obtain jobs by funding their salaries while they receive training at a place of business. Volunteer of the Month: Beulah Jordan was chosen Volunteer of the Month for April. She delivers books and materials to the home- bound patrons. National Library Week, April 2 - 6: "Check-It-Out Yourself Day" on Monday, April 2, began National Library Week. Over 100 people used the Self Check-Out machine so the library qualified for a drawing for one of five $1,000 prizes. The OMSI "Light and Color Traveling Science Exhibit" was a special attraction. Linda announced the library's Employee of the Year, Sandra Kinney, during an employee luncheon. Linda also gave key rings to show appreciation to the library staff and the Library Board. OLA Conference: Linda and other staff members attended the Oregon Library Association Conference March 28-30 at Seaside. Linda will be the Chair of PYM Libraries (Polk, Yamhill and Marion Counties) beginning in June. PYM will fund the expenses for Linda to attend the AI_A (American Library Association) Conference held in San Francisco in June. OLD BUSINESS: Project Update: Carnegie Exterior - Specifications for the exterior repairs are being written by Dortignacq and Associates for the bid to go out in May. Dortignacq and Associates did the engineering study for the exterior repairs. The anticipated completion date is September. Woodburn/Canby Exchange Cards: Woodburn Public Library has had an agreement with Canby Public Library for a number of years, but Linda is now contemplating if this should be continued since the Woodburn non-resident fees are increasing. By this special agreement and upon presentation of a valid Canby Public Library Library Board Minutes - 4/11/01 ~. card, a patron card can be issued for use in Woodburn Public Library. This card is valid at Woodburn's library only and does not allow holds or requests for materials from other libraries in the CCRLS area (Chemeketa Cooperative Regional Library Service). The Canby patrons live in Clackamas County and pay taxes to support the Library Information Network of Clackamas County (LINCC) and have access to the services of all of the libraries in that network. NEW BUSINESS: Non-Resident Library Fee: Linda distributed a recommendation to the Library Board for an increase in the non-resident fee. Linda recommended that the fee charged to out of city residents for library service beyond the CCRLS (Chemeketa Cooperative Regional Library Service) basic service (one item checked out and one hold at a time per card holder) be increased from $25 per household to $40 per household effective July 1,2001 for the fiscal year of 2001-2002. This is to remain consistent with other libraries within CCRLS thus reducing confusion of patrons who encounter different amounts being charged by libraries for essentially the same services, and also to bring the library closer to "equity" with the amount paid by city residents through their taxes for this level of library services. To "ease the pain" of this increase, Linda further recommended that Woodburn Public Library join with most of the libraries throughout CCRLS in instituting a 'CARE Card' (Create A Reader Everyday) beginning July 1,2001. When the $25 uniform charge was approved, the State Library indicated that instituting a uniform charge would disqualify Chemeketa College from receiving "Ready to Read" grant funds which fund programs during Summer Reading. The funds have also been used to provide CCRLS libraries with books and materials for the children using individual CCRLS libraries. Further investigation by CCRLS indicated that if the College no longer met the requirements for a "public library," this could negatively affect the district's ability to collect property taxes. If CCRLS libraries institute a Kid's Card, good at any library within the CCRLS district, the State Library will once again allocate "Ready to Read" grant funds. CCRLS libraries who choose to participate in the Kid's Card program will receive programs and materials through CCRLS. The CARE Card would be given to youngsters through the age of 14 years who are Woodburn non-residents and are living within the CCRLS boundaries. The Library Board voted to accept the recommendation to be forwarded to the Woodburn City Council at their regularly scheduled meeting on April 23, 2001 for their approval. Proposed 2001-2002 Budget: Linda distributed and discussed information for the proposed budget. Library Board Minutes - 4/11/01 3 CORE Video: Linda showed a CORE (Connect Oregon) video which explains an initiative for a Senate bill to provide funding for all libraries in Oregon to be able to have electronic resources that they may not be able to fund otherwise, or at a better price than is available individually. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: The City Council will be asked to pass a resolution of support for CORE. ADJOURNMENT: The meeting was adjourned at 1:15 PM. Respectfully Submitted, Judy Coreson Recording Secretary Library Board Minutes - 4/11/01 4 , , 8D WOODBURN PLANNING COMMISSION March 8, 2001 CONVENED The Planning Commission met in a regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Young P Vice Chairperson Cox P Commissioner Fletcher A Commissioner Miller A Commissioner Lima P Commissioner Mill A Commissioner Bandelow A Commissioner Lonergan P Commissioner Heer A Staff Present: Jim Mulder, Community Development Director Denise Won, Assistant City Attorney Scott Clark, Assistant Planner Chairperson Youn.q indicated that some of the Commissioners were absent because of illnesses. MINUTES A._=. Minutes of February 22, 2001 Planning Commission Meeting Commissioner Loner.qan moved to accept the minutes as presented. Motion carried unanimously. BUSINESS FROM THE AUDIENCE John Rosera, 1505 Silverton Road, Woodburn has had trouble getting sewer service off of Laurel Avenue for many years. With the partition of the property at 1690 Laurel Avenue, he would like to take this opportunity to connect to the sewer service which would be extended through the property as part of the partition. His property is in Marion County on the north side of Laurel Avenue, and the proposed sewer extension across 1690 Laurel would bring sewer service closer to his property. He has wanted to do this for 10 years. COMMUNICATIONS A.~. City Council Minutes of February 12, 2001 No comments PUBLIC HEARING A-- Partition 00-06, Variance 01-01 and 01-02 and Lot Line Adjustment 01-02, request to subdivide a 0.8 acre parcel into three lots located at 1690 Laurel Avenue, Kirk A. Schmidtman, applicant Ex Parte Contacts Commissioner Lima indicated that his wife has had contact with Mr. Schmidtman involving a different case. Commissioner Loner.qan stated that he has known Mr. Schmidtman for many years but that his relationship with Mr. Schmidtman would not affect his decision. Planning Commission Meeting March 8o 2001 Page 1 Commissioner Loner,qan wanted clarification about whether or not a quorum was present before proceeding with the public hearing. Staff stated that the Planning Director can count as a quorum member but not as a voting member. Four of the nine commissioners were present, and the Planning Director serving as the fifth constituted a quorum. A three-to-one vote out of the four voting members would be necessary for this proposal to pass. Vice Chairperson Cox indicated that he has never seen this before where the Planning Director can serve as a quorum member. He said he was not sure if this would withstand a challenge in Court and assumed that this provision in the Zoning Ordinance would not be included in the new Development Code. Staff introduced Denise Won, Assistant City Attorney, and stated that she was available to answer legal questions as well. Staff read the applicable ORS Statement and provided a presentation as reflected in the staff report. Staff also noted corrections which were needed on page 19 of the report, and those corrections would be reflected in the Final Order to be presented to the Commission at the next meeting. Staff recommended approval of the request subject to the conditions of approval listed in the staff report. Chairperson Youn,q asked whether or not the 30-foot dedication to Landau Drive on the southeast comer of the property would affect the lot frontage of proposed Lot 3. Staff indicated that the dedication would increase the right-of-way frontage of Lot 3, and this width would exceed the 30-foot width minimum. As a result, the need for the second variance (to reduce the frontage width of Lot 3 from 30 feet to 24) would not longer exist once the dedication is made. Commissioner Cox asked for clarification regarding the sanitary sewer extension brought up by Mr. Rosera, owner of the property at 1505 Silverton Road. Staff indicated that sewer would be extended to the newly created lots from the existing line in Landau Ddve. Mr. Rosera would like to see the sewer line extended to Laurel Avenue so he could then extend it to his property. Testimony by the Applicant Kirk A. Schmidtman, 610 Glatt Circle, Woodburn reported he is representing the owner of the subject property, Ivka and Irina Cam. Mr. Schmidtman indicated that he and Mr. Cam have been working with the Planning Department to determine the best solution for the property and address any concerns that the City may have. It was again mentioned that there exists a single-family home and accessory structure on the north part of the property fronting Laurel Avenue and that the remaining south portion is vacant and undeveloped. Mr. Schmidtman indicated the owner of the adjacent property to the south (Tax Lot 4400) prefers to see the vacant portion developed with new single-family homes, being that this kind of construction would fit into the existing residential neighborhood. Mr. Schmidtman pointed out that public facilities are readily available to the property for its proposed use, and the future residential construction would serve as intended infill development. Mr. Schmidtman stated that infill was one of the main issues planning staff looked at in deciding whether or not to support the proposal. It was his opinion that the proposed partition is the best solution in making appropriate use of the property, considering how it's laid out and the hardships that exist. Vice Chairperson Cox asked if the existing house is currently serviced by a septic tank or an existing sanitary sewer line. Planning Commission Meeting March 8, 2001 Page 2 Mr. Schmidtman stated that it is connected to an existing sewer line on the property. Chairperson Youn,q asked if the existing sewer line has capacity to serve the existing house in addition to future homes to be constructed on the new lots. Mr. Schmidtman said it was his understanding that adequate capacity exists. Vice Chairperson Cox asked why the accessory structure is connected to the sewer line as indicated on the preliminary plat and was curious as to whether or not the accessory structure was being used as a residence. Mr. Schmidtman believed the previous property owner made the sewer connection and is not certain why, but he stated that the accessory structure is not being used as a second residence on the property. Vice Chairperson Cox pointed out that the sanitary sewer is a Public Works issue, and he wes reluctant to address the sewer issues being discussed. Mr. Cox said it wes his hope that Public Works would address these issues if something needed to be done. Mr. Cox asked if Mr. Schmidtman's client would be willing to dedicate a sewer line easement to Laurel if it ever became appropriate or feasible to tie into the sewer line in Laurel Ave, or if it was something Public Works would wanL Mr. Schmidtman indicated that Mr. Cam wants to be cooperative with his neighbors, and although he had not discussed this with Mr. Cam, it was assumed that he would be willing to accommodate his neighbors and cooperate with the City if Public Works ever felt that a sewer easement was necessary for the neighborhood. Mr. Schmidtman stated he could not answer for Mr. Cam since they have not had the opportunity to discuss the issue, but Mr. Schmidtman believes he would be willing to cooperate in this matter. Commissioner Loner.qan asked how the two new lots would be developed and what was going to be done with the existing house. Mr. Schmidtman said that the existing house was recently remodeled with new paint, new decks and had some intedor improvements done. The existing house will stay there, and the two new lots will be 'c~nstructed with new residences. The two new lots will access off of Landau through private access easement, and the existing home and accessory structure will continue to access off of Laurel Avenue. Mr. Schmidtman indicated that there is sufficient turnaround area on Lot 2 to which the pdvate access easement is proposed to connect. Commissioner Loner.qan asked if there was a structure on the adjacent property to the east (Tax Lot 1700) and if the zoning was the same as the subject property. Mr. Schmidtman stated that he was not aware of a structure on the adjacent property to the east and that it is under the same zoning. TESTIMONY BY PROPONENTS None Mr. Rosera interjected that he recalls the existing s~wer line on the subject property being four inches in diameter and was not sure if it would be able to handle three houses. Chairperson Youn.q again commented that this would be an issue for the Public Works Department. Planning Commission Meeting March 8, 2001 Page 3 Testimony by Opponents None Discussion Vice Chairperson Cox said it was a faidy small and simple project, and it appeared to be the best that could be done with the property. With regard to the sewer issues brought up by Mr. Rosera, Mr. Cox stated that the Commission could not come up with a solution to these issues; they would need to be coordinated with Public Works. Mr. Cox expressed concern for Mr. Rosera's situation but indicated that the Commission did not have adequate information before them to design a solution to the problem. Commissioner Loner.qan agreed that hardships exist on the property, and that it makes sense to grant both variances. Mr. Lonergan found it favorable that the proposed lots are larger in size and felt that the variances would have minimal impact on the neighborhood. Mr. Lonergan felt that the sewer issues should have been addressed before the proposal got to the Commission, but that it may not be too late to have something done with Public Works. Commissioner Lima agreed that the proposal is the best use of the property and that he did not see anything that would prevent him from voting to approve the request. Chairperson Youn.q stated that the proposal would make good use of the property, considering the City's current trend toward infill development. With regard to the pdvate access easement to Lots 2 and 3, Mr. Young did not see a problem with this. Commissioner Loner,qan moved to approve Partition' 00-06, Variance 01-01 & 01-02 and Lot Line Adjustment 01-02. Commissioner Lima seconded the motion. Motion unanimously carded. Chairperson Youn,q stated that staff would return at the following meeting with a Final Order for approval with findings of fact. FINAL ORDER None 'DISCUSSION ITEMS A. Request for Plannin.q Commission reconsideration of condition of approval for Montebello Subdivision. Staff noted that Capital Development is the subdivider of the Montebello Subdivision property. The Montebello Subdivision was done in two phases. The first phase had a condition of approval that required a block wall along the easterly boundary line (old Evergreen right-of-way boundary) the entire length of both phases. When the applicant applied for approval of Phase I1, the request was made to modify the condition of approval for Phase I to remove the block wall requirement and allow the applicant to construct a cedar fence instead of the wall for both phases. The Commission denied the modification request at the time that Phase II was approved. The applicant was again requesting at this meeting that the Commission reconsider the decision and allow the applicant to return with another modification request involving a public headng. At this meeting, the applicant had submitted a preliminary plan as an alternative to the block wall involving landscaping and a slatted fence. Staff indicated that the Commission had the option of allowing the applicant to re-apply for a modification to said condition of approval, or express that they were not willing to reconsider. Vice Chairperson Cox indicated that he would be reluctant to re-open the modification request, buI stated that the applicant had the right to re-apply. It was noted that the Commission should not be considering 8D Planning Commission Meeting March 8. 2001 Page 4 evidence at that point. Mr. Cox stated that if he supports the applicant's right to re-apply, the applicant should not assume that he will in turn vote for approval of the modification request. It was Mr. Cox's belief that the applicant was not in fact at the meeting to get permission to re-apply, but to get a reading from the Commission ahead of time as to whether or not they would be in favor of said modification request. Mr. Cox was not prepared to give such a reading, but acknowledged that the applicant does have a legal right to re- apply. Staff concurred with Mr. Cox's statements. Staff further indicated that the applicant wanted to get an idea of whether or not the Commission even had the desire to re-hear the modification request and that, based on the provided preliminary plan, whether or not there was the potential for the Commission to be in favor of the modification request. Commissioner Loner.qan indicated that he agrees with Vice Chairperson Cox in that the applicant has the right to re-apply. Mr. Lonergan stated that he would be willing to take another look at the request, but that he supports how he voted before. Chairperson Young and Vice Chairperson COx noted that the lack of Commission attendance at the meeting may not give the applicant an adequate reading. John Donaldson, Capital Development Senior VP, indicated that the reason for this forum was because it was what staff instructed Capital Development to do. He further stated that the reason to remove the block wall condition was to add value to the project and to the community, not to relieve Capital Development of an economic burden. Instead of building the bdck wall, Mr. Donaldson indicated that Capital Development would be willing to contribute the money that would be Spent on the wall to parks projects. Mr. Donaldson indicated that whatever the Commission decided, he and Capital Development would accept the decision. Chairperson Youn.q indicated that he was in favor of the wall initially and is not sure how he would vote if the issue were re-visited with the Commission. REPORTS A_ Planning Project Tracking Sheet Cpmmissioner Lima inquired about the Friendly GMC annexation proposal which was scheduled to be heard "' 'on March 22, 2001. Staff indicated that the annexation request is in response to a health hardship situation. One of the two septic systems on the site has failed, and in order to hook up to City sanitary sewer, the property needs to annex into the City. B._~. BuildinR Activity for February 2001 No comment BUSINESS FROM THE COMMISSION Chairperson Youn.q noted that the 76 Station has increased its number of used cars for sale on the site. Mr. Young indicated that at one time the Commission was under the impression that the site could not be used for that purpose. Commissioner Lima recalled that cars for sale were not allowed to be displayed on the unpaved portions of the site. Staff indicated that they have had dealings with Mr. Dale Baker, the station owner, regarding this situation. Staff said they would look into this. Planning Commission Meeting March 8, 2001 Page 5 Vice Chairperson Cox noted that businesses have been puffing up temporary signs fora few hours on non- business days, apparently so the City will not be aware of such signs. Mr. Cox pointed to Palm Harbor as an example of a business that has done this before. ADJOURNMENT Commissioner Lonergan moved to adjourn. Meeting adjourned at 8:00 p.m. Commissioner Lima seconded the motion which carded. APPROVED JIM COX, VICE CHAIRPERSON DATE A'I-rEST Jim Mulder, Community Development Director City of Woodbum, Oregon Date Planning Commission Meeting March 8, 2001 Page 6 8E ,City of Woodburn Police Department 270 Montgomery Street STAFF REPORT Woodburn, Oregon 97071 (503) 982-2345 Date: From: To: Thru: March 29, 2001 fi~.~..~ Chief of Police Mayor and Council John Brown, City Administrato Subject: Police Department Activities - February 2001 The Consolidated Monthly Report is a monthly analysis of police department calls for service. This report lists all police department incident investigations for the month, shows year to date statistics, and comparisons to the previous year. The report is in conformance with Federal Bureau of Investigations national guidelines for crime classifications and is reported to the State of Oregon Law Enforcement Data System via the Regional Automated Information Network. Should you have questions or wish further information, please contact me. O. 4'0: + + o,~ ,ogg .,, O0~.,fl~'O00 0000'.000~00,00000~000001'~ 0',00000 ~ ~ ~o,m~o ~:~ o~oo~ ~ o~ OO~:O0=O~O~O0~,~O0~O00OO00~O00~O~ C: m rn 8] e · e e !e e e e · · · e e e e e ~ · e · e · N ~ ~00~ O00~Omo00~O0 m~ e · e e e · e e · · · e e · e e · e e e · e e · e e · e · e e e · e ~ e · ~ 0~.~00 ~00000000 N 0 ' ' 8F CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodbum, Oregon 97071 Date: April 11, 2001 To: Jim Mulder, Community Development Director From: Building Department Subject: Building Activity for March 2001 (503) 982-5246 1999 2000 2001 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 15 $1,438,958 7 $982,694 10 $944,929 Multi Family 0 $0 0 $0 0 $0 Residential Adds & Alts 1 $10,000 2 $11,575 3 $19,500 Industrial 0 $0 0 $0 0 $0 Commercial Value 0 $0 0 $0 2 $230,000 Signs, Fences, Driveways 1 $8,000 4 $14,036 6 $16,930 ManufaCtured Homes 1 $69,000 I $50,000 0 $0 TOTALS 18 $1,525,958 14 $1,058,305 21 $1,211,359 July 1 - June 30 Fiscal Year To Date $24,820,396 $26,741,192 $12,696,556 B:~Community Development\Building\Buiulding Activity - 2001~activity - March 2001 .wpd WOODBURN PUBLIC LIBRARY MONTHLY REPORT FOR FEBRUARY 2001 I. CIRCULATION Current: 11,838 Adult: 9,730 Children: 2,108 Previous: 2000 1999 1998 In-House Use: 1,711 II. INTERLIBRARY LOAN Books Loaned: 792 CCRLS: In-State Special: 783 0 All Other In-State: Out-Of-State: Books Borrowed: 867 CCRLS: In-State Special: 845 0 All Other In-State: Out-Of-State: III. REFERENCE Woodburn Referrals Other 2001 949 2000 928 1999 990 1998 971 60 6O 64 72 1,017 1,009 1,170 960 IV. VOLUNTEER HOURS WORKED 169 1/4 V. LIBRARY SPONSORED PROGRAMS For Adults: 4 For Children: 15 No. Attending: 195 No. Attending: 631 VI. FINANCE ILL Postals 4.50 Fines 800.78 Lost Books 77.95 Copies 102.88 Rural Fee 1,475.00 Donation 0.00 Collection Fee 10.00 Other 86.50 11,059.10 - Misc. - CCRLS Use-Based Reimbursement 12,854 12,164 13,350 17 5 Total 2,026 1,997 2,224 2,003 TOTAL 13,616.69 8I-I' New Adds For The Month of February: 898 VIII. PATRON LOAN TYPES Adult Resident Adult Non-Resident Senior Resident Senior Non-Resident YA Resident YA Non-Resident Juvenile Resident Juvenile Non-Resident Reference Staff Library Staff Outreach Visitor City Department 4,401 3,176 894 274 1,044 75O 1,125 574 5 22 2O 18 7 TOTAL 12,310 ACTIVITIES Woodburn Public Library MAY 1,8,15, 2001 22,29 Tuesday Night at the Library, 6:00 - 7:00 P.M. 2,9,16, 23,30 Preschool Storytime, Wednesdays, 10:30 A.M., Multi-Purpose Room 4,5; 11,12; Internet Training, Fridays and Saturdays, 8:30- 10:00 A.M. 18,19; 25,26 5 "Cinco de Mayo", Saturday, Making banners in Youth Services the week before Cinco de Mayo. (traditional Mexican crafts) 5,12,19, Spanish Storytime, Saturdays, 11:30 A.M., Youth Services area 26 6 Last day for the OMSI "Light and Color Traveling Science Exhibit" 6-12 National Pet Week, The Woodburn Veterinary Clinic is doing Wednesday's (May 9~h) storytime and bringing animals for children to enjoy. 7 Friends of the Library Meeting, Monday, 2:30 P.M. Carnegie Room 9 Library Board Meeting, Wednesday, 12 Noon, City Hall Council Chambers First of three: Brown Bag Lunch, "How to Grow Dahlias", presented by Conwin McNair, Wednesday, 12 Noon, Carnegie Room 14 Book Discussion Group, Monday, 10 A.M., Carnegie Room 16 Brown Bag Lunch, "Fitness and Exercise", presented by Tamara Hammack-Ryan, Wednesday, 12 Noon, Carnegie Room 23 Brown Bag Lunch, "How to Avoid Fraud", presented by David Bernatz, Wednesday, 12 Noon, Carnegie Room 27 & 28 CLOSED: Sunday and Monday, Memorial Day Holiday , , A/P CHECK LISTING FOR THE MONTH OF MARCH 2001 CHECK NO 54269 54270 54271 54272 54273 54274 54275 54276 54277 54278 54279 5428O 54281 54282 54283 54284 54285 54286 54287 54288 54289 54291 54292 54293 54294 54295 54296 ~' 54297 54298 54299 54300 54301 54302 54303 54304 54305 54306 54307 54308 54309 54310 54311 54312 54313 54314 54315 DEPARTMENT SERVICES-WATER VOID VOID VOID REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/~R REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/~R REFUND-WTR/SWR SUPPLIES-WWTP SERVICES-ENG SUPPLIES-WWTP SERVICES-WATER SERVICES-VARIOUS SERVICES-POLICE SUPPLIES-PARKS SUPPLIES-ENG SUPPLIES-POLICE SUPPLIES-C STORES SUPPLIES-WATER SUPPLIES-POLICE SERVICES-FINANCE SERVICES-PARKS SUPPLIES-WATER SUPPLIES-PARKS SERVICES-SELF INS SUPPLIES-FINANCE SUPPLIES-VARIOUS SUPPLIES-WWTP SERVICES-VARIOUS SERVICES-PARKS SUPPLIES-WWTP SERVICES-PARKS SERVICES--COURT SERVICES-WWTP REIMBURSE-ADMIN SUPPLIES-TRANSIT REIMBURSE-PLANNING SERVICES-PARKS SERVICES-VARIOUS SERVICES-VARIOUS SERVICES-ENG VENDOR NAME VENDOR NO VA! !F'Y MARLING 021044 VOID VOID VOID VOID VOID VOID KARL KELLOGG NONE AS~TES HOUSING NONE SANDSTRUM HOMES NONE FIRST AMER TITLE NONE 3ORGE VASQUEZ NONE SPRINGI-IAVEN AI:rI'S NONE .1AMES LIND NONE NW SIGNAL SUPPLY NONE AEROTEK 000080 APPLIED IND TECH 000456 ARAMARK UNIFORM 000534 AT&T 000623 BM CLEANING 001030 BEN FRANKLIN 001205 BIMART CORP 001275 BLUMENTHAI_ UNI~'ORH 001310 CASE AUTOMOTIVE 002190 COASTWIDE LAB 002626 COMARK GOVT SALES 002684 CROWN CONTROLS SOUTH 002917 DANNER SHOE HFG 003036 DIRECT LINK 003240 DP NORTHWEST 003264 ELECTRONIC SYS 004130 FAMILIAN NW 005030 FISHERS SUPPLY 00514.7 FLECKS FLOORING 005170 FRYS ELECTRONICS 005405 G"W HARDWARE 006405 HACH CHEMICAL 007030 IKON OFF~CE 008119 KENTEC HEA'I~NG 010060 LAWSON PRODUCTS 011176 IF{SINGER DESI'GNS 011202 HSI GROUP 012015 HARION CTY BLDG 012090 KEZ~ MERW~N 012440 HETROFUELING 012448 .]IH HULDER 012670 NEXTEL COMH 013188 NW NATURAL 013350 ONE CALL CONCEPTS 014054 ONSI'TE ENVIRON 014055 DATE 31112001 3/2/2001 3/2/2001 3/2/2001 3/2/2OOl 3/2/2OOl 3/2/2OOl 312/2OOl 3/2/2ool 3/2/2OOl 3/2/2ool 3/2/2OOl 3/2120o1 3/2/2OOl 3/2./2001 3/2/2001 3/2/2001 3/2/2OOl 3/2/2OOl 3/2/2OOl 3/2/2OOl 3/2/2OOl 3/2/200! 3/2/2001 3/2/200! 3/2/2001 3/2/2001 3/2/200]. 3/2/2001 3/2/2001 3/2/2OOl 3/2/2OOl 3/2/2001 3/2/2OOl 3/2/2001 3/2/2001 3/2/2001 3/2/2OOl 3/2/200]. 3/2/2001 3/2/2001 3/2/2001 3/2/2001 AMOUNT $388.00 $o.00 $0.00 $o.oo $9.20 $27.65 $36.93 $22.15 $12.17 $28.18 $1,975.00 $17o.oo $124.73 $41.85 $61.97 $200.00 $74.79 $187.00 $1,516.2B $228.15 $857.21 $1,306.09 $103.95 $315.00 $4,958.00 $520.00 $97.30 $232.46 $3,463.80 $264.69 $65.26 $331.35 $466.09 $1,660.00 $69.62 $1,98o.00 $125.oo $200.63 $74.49 $288.64 $32.83 $502.90 $4,641.01 $58.so $916.16 Page 1 ' 8,1' A/P CHECK II'STING FOR THE MONTH OF MARCH 2001 54316 54317 54318 54319 54320 54321 54322 54323 54324 54325 54326 54327 54328 54329 54330 54331 54332 54333 54334 54335 54336 54337 54338 54339 54340 54341 54342 54343 54345 54346 54347 54348 54349 54350 54351 54352 54353 54354 54355 54356 54357 54358 54359 54360 54361 54362 54363 54364 SUPPLIES-I IBRARY SERVICES-VARIOUS SUPPLIES-ATTY SERVICES-COURT SUPPLIES-WATER SUPPLIES-PARKS SUPPUES-WWTP SUPPLIES-WWTP SERVICES-VARIOUS SUPPLIES-POLICE SUPPLIES-WWT'P SUPPLIES-PlANNING SERVICES-ADMIN REIMBURSE-COURT SUPPLIES-VARIOUS SUPPLIES-SELF INS SFRVICES-VARIOUS SERVICES-VARIOUS SUPPLIES-PUB WKS SUPPLIES-ATI'Y SUPPLIES-WWTP SERVICES-PARKS SERVICES-PARKS SUPPLIES-PARKS REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR/VVTR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE*DAR REIMBURSE-DAR PAYROLL-ATTY/PW P~-I'Y CASH-VARIOUS POSTAGE MTR-VARIOUS SERVICES-WATER VOID VOID VOID SERVICES-DAR OPEN SPACES 014057 3/2/2001 $25.00 OR DEPT ON COMSUMER 014199 3/2/2001 $612.15 OR DMV 014240 3/2/2001 $38.50 OR STATE POLICE 014535 3/2/2001 $24.00 US FILTER 015065 3/2/2001 $80.00 PAULS SMALL MTR 015175 3/2/2001 $511.56 PI.AlT ELECTRIC 015340 3/2/2001 $59.35 PRAXAIR DIST 015480 3/2/2001 $14.46 QWEST 016201 3/2/2001 $194.38 QWEST 016202 3/2/2001 $223.00 RADIO SHACK 017030 3/2/2001 $24.99 JACK RAWUNGS 017054 3/2/2001 $248.48 ROl'ttS POODUNER 017340 3/2/2001 $124.60 SCHETKY NW 018240 3/2/2001 $3,270.00 TEK SYSTEMS 019046 3/2/2001 $736.00 MARY TENNANT 019055 3/2/2001 $65.62 US OFaCE PROD 019100 3/2/2001 $305.65 TOPHEALTH 019182 3/2/2001 $101.00 uNrrED DISPOSAL 020O2O 3/2/2001 $2,553.95 VERIZON WIRELESS 021123 3/2/2001 $19.14 VERIZON WIRELESS 021124 3/2/2001 $1,147.87 WALLING SAND 022029 3/2/2001 $908.69 WEST GROUP 022160 3/2/2001 $157.00 WILCO FARMERS 022292 3/2/2001 $69.00 WILL RED CROSS 022328 3/2/2001 $20.00 WBN INDEPENDENT 022630 3/2/2001 $155.93 WBN RENT-ALL 022708 3/2/2001 $594.20 WBN 24 HR TOWING 022755 3/7./2001 $97.50 DOROTHA BORlAND O45100 3/2/2001 $93.00 CORNELIUS DONNELLY 045230 3/2/2001 $168.33 LEONARD GLAUQUE 045290 3/2/2001 $168.95 AGNES HAGENAUER 045310 3/2/2001 $120.28 FRED HAYES 045315 3/2/2001 $293.88 ROBERT HURST 045318 3/2/2001 $124.00 BEULAH JORDAN O4532O 3/2/2001 $188.83 J WARD O'BRIEN 045497 3/2/2001 $65.72 JOAN PREZEAU 045525 3/2/2001 $220.10 GERTRUDE REES 045545 3/2/2001 $104.16 LOLA SPERATOS 045560 3/2/2001 $41.85 STEVE STURN 045585 3/2/2001 $109.74 HATTIE VANDECOVERING 045670 3/2/2001 $36.89 OREGON PERS 014424 3/5/2001 $99.51 CITY OF WOODBURN 015255 3/7/2001 $130.66 US POSTAL SERV 020089 3/8/2001 $1,200.00 VALLEY MAILING 021044 3/8/2001 $661.20 V O I D V O I D $0.00 VOI D VOI D $0.00 V O I D V O I D $0.00 RtL1 MOBILITY SERV NONE 3/9/2001 $16.50 Page 2 A/P CHECK LIS"I'JNG FOR THE MONTH OF MARCH 2001 54365 54366 54367 54368 54369 54370 54371 54372 54373 54374 54375 54376 54377 54378 54379 54382 54383 54385 54387 54389 5439O 54391 54392 54393 54394 54395 54396 54397 54398 54399 544OO 544O1 54402 54403 5e~,OS S4407 54408 54409 S~10 54~12 54413 SUPPUES-HUSEUM REFUND-WTR/SWR SERVICES-FINANCE SERVICES-POI 1CE REIMBURSE-PUB WKS SERVICES-ENG SUPPLIES-STREET SUPPLIES-ENG SERVICES-VARIOUS SUPPLIES-LIBRARY SERVICES-WWTP SUPPLIES-WATER SUPPLIES-PUB WKS SERVICES-PUB WKS SERVICES-FINANCE SUPPLIES-WATER REIMBURSE-PARKS SUPPLIF. S-ATTY SUPPLIES-FINANCE PERMITS-PUB WKS SUPPLIES-VARIOUS SERVICES-WWT1~ SERVICES-VARIOUS SUPPLIES-PLANNING SERVICES-ENG SUPPLIES-POLICE SUPPLIES-POLICE SUPPLIES-STREET SERVICES-VARIOUS SERVICES-VARIOUS SERVICES-VARIOUS SUPPLIES-VARIOUS REIMBURSE-ATTY SUPPLIES-POLICE SUPPLIES-POLICE SUPPLIES-VARIOUS SUPPLIES-STREET SUPPLIES-VARIOUS SUPPLIES-TRANS SERVICES-PUB WKS SERVICES-PARKS JASON GOODWIN CRY OF WOODBURN SKILLPATH SEMINARS CAREER TRACK UMPQUA AMUSEMENTS AEROTEK ALBINA FUEL A-1 COUPtlNG AT&T BIMART CORP CHERRY CI'TY ELECTRIC GONSOLIDATED SUPPLY CONVEYERED AGG DEL DE HAAS & ASSOCIATES DIRECT LINK DP NORTHWEST FAMIUAN NW GAllS INC GE CAPITAL BEN GTLLESPIE LESliE GREEAR IND WELDING SUPPLY INTL MUNICIPAL LAWYERS KEY BUSINESS PROD MARION CTY BLDG INSPEC METROFUELING MOLALLA CC)MM NW NATURAL GAS OACP OFFICE MAX ONSITE ENVIRON OR DMV OREGON STATIONERS PORTER W YE'IT CO PORT GENERAL ELEC PORT GENERAL ELEC QWEST ROTHS FOODLINER N ROBERT gHIELI~ SMITH& WESSON CAMERAS TEK SYSTEMS TERRITORIAL SUPPLIES US OFFICE PROD UNOCAL:ERNIE GRAHAM VIKING OFFICE WESTERN BUS SALES WOLF'ERS WBN FAMILY CLINIC NONE NONE NONE NONE NONE OOOO8O 000100 OOO4O9 000535 000623 001275 002424 002770 002785 003108 003241 003264 005030 006011 O06O45 OO6189 0O6298 008100 008292 010076 012090 012448 012563 013350 014008 014031 014055 014240 014565 015400 015420 015422 016202 017340 0184S0 018580 019046 O19O6O 019100 020010 021180 022175 02246O 022587 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 31912001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2OOl 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2OOl 3/9/2001 3/9/2OOl 3/9/2OOl 3/9/2OOl 3/9/2OOl 3/9/2001 3/9/2OOl 3/9/2001 3/9/2OOl 3/9/2001 3/9/2ool 3/9/2ool 3/9/2OOl 3/9/2OOl 3/9/2ool 3/9/2001 3/9/2001 3/9/2OOl 3/9/2001 3/9/2001 $30.15 St7.t5 $399.00 $129.00 $soo.oo $39o.oo $4,138.83 $55.36 $200.90 $15.63 $3.78 $s9o.oo $42.41 $170.OO $2,782.79 $19.98 $64o.oo $53.12 $88.97 $382.71 $14.00 $15.00 $31.50 SSeO.OO $13.07 $501.56 $1,471.01 $24.95 $5,504.11 $18o.oo $280.97 $194.53 $39.00 $665.00 $344.50 $26,803.67 $247.20 $815.18 $393.11 $44.00 $900.00 $368.00 $153.80 $1,360.29 $358.08 $281.24 $3.52 $4,997.OO $136.00 Page 3 A/P CHECK LISTING FOR THE MONTH OF MARCH 2001 8J 54414 54415 54416 54417 54418 54419 54420 54421 54422 54423 54424 54425 54426 54427 54428 54429 5443O 54431 54432 54433 54434 54435 54436 54437 54438 54439 54~.41 54443 54445 5~145 54~17 CAAAq 5~,149 5~50 54451 5~52 54453 54~55 54456 54457 5~58 54459 5446O 5446! 54462 SERVKT:S-PUB WKS PETTY ~oVARIOU$ SERVICES-WATER VOID VOID VOID SERVICES-WATER SERVICES-MUSEUM SUPPLIES-ENG REFUND-SEWER SUPPLIES-FINANCE SERVICES-STREET SERVICES-ENG SERVICES-PARKS SUPPLIES-WATER SUPPLIES-FINANCE SERVICES--ENG SERVICES-WWTP SERVICES-STREET SERVICES-WATER SERVICES-POLICE SUPPLIES-POLICE SUPPLIES-WWTP SERVICES-PUB WKS SERVICES-PLANNING SUPPLIES-STREET RETAINAGE-WWTP SERVICES-PUB WKS SERVICES-POLICE SUPPLIES-FINANCE SERVICES-PUB WKS SERVICES-FINANCE SERVICES-FINANCE SUPPLIES-WWTP SERVICES-WWTP SUPPLIES-MUSEUM SUPPLIES-WWTP SUPPLIES'WW1T SERVICES-PARKS SUPPLIES-WWTP SERVICES-PUB WKS SERVICES-WWTP SERVICES-POLICE SUPPLIES-STREET SERVICES-WATER SERVICES-ENG WBN INDEPENDENT 022630 CITY OF WOODBURN 015255 VAI ! Fy MAILING 021044 VOID VOID VOID VOID VOID VOID DLT SOLUTIONS NONE ALDEN GRAPHICS NONE AM SOCIETY OF CE NONE STIPAN KALUGIN NONE KOHL INC NONE COMPAQ SMARTSTART NONE EVENT SOLUTIONS NONE TRANS RESEARCH INST NONE NATL SEMINAR CHP NONE A&A DRILLING 000010 ADVANCED LASER 000066 AEROTEK INC 000080 AFFORDABLE CLEANING 000083 ARAMARK UNIFORM 000534 ARCH WIRELESS 000535 AT&T 000623 LANGUAGE LINE SERV 000659 HOUSEHOLD BANK 001199 BLUMENI'HAL UNIFORM 001310 BOBCAT OF PORTLAND 001328 BROWN & CALDWELL 001573 ROGER BUDKE 001580 CANBY SAND 002060 CITY OF WOODBURN 002525 CRANE & HEP, SETH 002896 CRYSTAL SPRINGS VVTR 002glg CTL CORP 002926 DAILY .]OURNAL 003020 DP NORTHWEST 003264 FEI AMERICA 005084 FISHERS PUMP 005147 .]AMES W FOWLER CO 005215 FRYS ELECTRONICS 005405 GE MACHINE 006009 GRESHAM FORD 006321 IOS CAPITAL 008118 IKON OFFICE 008119 LOY O_ARK PIPEUNE 011345 DAN LUNDY 011380 MARION CTY TREASURY 012223 MAULDING CONSTRUCTION 012305 MUFFLERS HITCHES 012655 MULTI TECH ENG 012682 3/9/2001 3/14/2001 3/15/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/1612001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/200! 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2OOl 3/1612001 3/16 t2001 3/16 f2001 3/16 ~2001 3/16 f2001 3/16 f2001 3/16 ~2001 3/16 f2001 3/16 f2001 3/16 f2001 3/16 ~2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2OOl 3/16/2OOl 3/16/2001 $225.00 $150.56 $596.80 ~.00 $o.oo $o.oo $312.00 $150.00 $14.00 $127.80 $147.00 $26.95 $290.00 $540.oo $11o.00 $880.00 $149.85 $195.00 $110.00 $37.79 $21.42 $15.38 $284.17 $379.99 $101.25 $173.27 $50,999.77 $2,677.50 $554.38 $23,774.58 $8,40't.99 $17.00 $914.15 $160.88 $462.oo $125.oo $377.85 $451,717.09 $286.97 $26.40 $27,456.00 $311.oat $39.49 $8,968.00 $900.00 $7O.5O $754.00 $665.07 $22,304.51 Page 4 ' A/P CHECK lISTING FOR THE MONTH OF NARCH 2001 8J 54463 ~,~.55 54466 ?,457 54468 ?.~,59 54470 54471 ~74 ~75 ~76 ~79 5~80 ~2 ~3 5~9 ~91 5~93 5~ 5~95 5~ 5~97 5~98 5~ 545~ 54~1 54502 ~503 545~ 54505 54506 ~507 54508 54510 54511 SUppI TES-POI TCE SERVICES-PUB WKS SERVICES-~ SUPPL.[F.S-ATi'Y SERVICES-POLICE SERVICES-PARKS SUPPLIES-WATER SUPPLIES-WWTP SERVICES-VARIOUS SUPPLIES-STREET SERVICES-VARIOUS SUPPLIES-POLICE SUPPUES-WWTP SERVICES-MUSEUM SERVICES-PLANNING SERVICES-PUB WKS SUPPLIES-WWTP SUPPLIES--W~NTP REIMBURSE-PARKS DUES--ADM[N SUPPLIES-PARKS SERVICES-VAR[OUS SERVICES-RSVP SUPPLIES-PARKS REIMBURSE-RSVP REIMBURSE-DAR RE[NBURSE-RSVP REIMBURSE-RSVP INVESTIGATIONS-POLICE SERVICES-WATER VOID VOID VOID REFUND-PARKS REFUND-PARKS REFUND-PARKS SUPPLIES-PARKS SERVICES-PARKS SUPPLIES-WWTP SERVICES--ADMIN SERVICES-ENG SERVICES-COURT SERVICES-LIBRARY SERVICES-STREET NATL NFTGHBORHOOD WTCH NORTH COAST ELECtl:C[C OR DEFT OF CONSUMER ORDMV OREGOND~I PUBLISH OVERHEAD DOOR PAC[PIC SAFETY SUPPLY PARAHOUNT SUPPLY PNPCA CONT EDUCATION PORT GENERAL ELECTRZC PUBLIC WORKS SUPPLY PULLTARPS qWES'r ROTHS [GA M LEE SMTTI'-I PUBLISH SOS LOCK SERV SPENCER & KUPPER TUALAT[N ELECTRIC VAN WATER & ROGERS VIK[NG OFF[CE VP CONSULTING VWR SCIENTIFZC D RANDALL WESTRICK WBN DOWNTOWN ~ WBN I-EGH SCHOOL WBN 1'NDEPENDENT WBN TRAVEL YES GRAPHICS DOROTHY GRAMSE FRAN HOWARD VADA OWENS .1UNE WOODCOCK 3AY WOODS SCO'H' RUSSELL VA! ! Fy MAILING VOID VOID VOID YVONNE DOUGLAS 3UDY CRiTi'ENDEN DEANNA PEACOCK SCO'IT CASTO OR .1UN[OR BASEBALL ENDRESS & HAUSER KP CORPORATION ASPHALT PAVEMENT OACA OLA ANNUAL CONFERENCE OR ASSOC OF WTR UTII. TF[ES 013080 013215 014199 014240 014653 014700 015040 015120 015358 015420 015648 015660 016202 017340 018566 018608 018693 019290 021094 021180 021260 021300 O2226O 02258O 022615 022.63O 022757 024025 035260 035270 035590 035648 035763 017370 021044 VOID VOID VOID NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2OOl 3/16/2001 3/16/2ool 3/16/2OOl 3/16/2001 3/16/2001 3/[6/2oo[ 3/16/2OOl 3/16/2001 3/16/2OOl 3/16/2OOl 3/16/2OOl 3/16/2001 3/16/2OOl 3/16/2001 3/16/2OOl 3/16/2OOl 3/16/2OOl 3/16/2OOl 3/16/2OOl 3/16/2ool 3/16/2OOl 3/16/2ool 3/16/2ool 3/19/2ool 3/22/2001 3/23/2ool 3/23/2OOl 3/23/2OOl 3/23/2001 3/23/2001 3/23/2001 3/23/2OOl 3/23/2001 3/23/2001 3/23/2001 3/23/2001 $483.32 $3,774.84 $83.74 $5o.oo $291.80 $187.00 $75.00 $2,259.15 $210.00 $9,477.16 $140.oo $78.27 $2,131.42 $19.00 $228.50 $s3.oo $1,289.00 $1,247.00 $1,791.43 $101.72 $305.50 $231.83 $31.59 $5o.oo $2o.oo $457.61 $222.50 $340.00 $5.25 $35.00 $23.00 $26.00 $35.00 $5,000.00 $5O4.00 $o.oo $o.oo $o.oo $45.00 $45.OO $45.00 $51.00 $525.00 $329.12 $1,000.00 $16o.oo $35.oo $303.00 $225.00 Page 5 A/P CHE-Q< LISTING FOR THE MONTH OF MARCH 2001 8J 54512 54513 54514 54515 54516 54517 54518 54519 54520 54521 54522 54523 54524 54525 54526 54527 54528 54529 54530 54531 54532 54533 54534 54535 54536 54537 54538 54539 545.4O 54541 54542 54543 54544 54545 54546 54547 54548 54549 54550 54551 54552 54553 54554 54555 54556 54557 54558 54559 54560 SERVICES-ENG SERVICES-WATER SUPPLIES-STREET SUPPLIES-POLICE SUPPLIES-PARKS SERVICES-COURT SUPPLIES-FINANCE SERVICES-STREET SERVicES-SELF INS SERViCES-POLICE SUPPLIES-WATER SUPPLIES-VARIOUS SUPPI TES-WW~ SUPPLIES-WWTP SERViCES-LIBRARY SERViCES-PARKS SERViCES-WATER SERViCES-PARKS SUPPLIES-ENG SERViCES-VARIOUS SUPPI TE$-VARIOUS SERViCES-FINANCE SERViCES-VARIOUS SERViCES-VARIOUS SERViCES-ENG SERViCES-PARKS SUPPI tES-WATER SERViCES-WATER SUPPi tES-WWTP SERViCES-WATER SERViCES-WWTP SUPPliES-VARIOUS SUPPL[ES-ADMIN SUPPI tES-STREET SUPPI_[ES-WWTP SUPPI TES-PARKS SUPPL[ES-ATFY SERWCES-PARKS SERViCES-POi TCE SUPPLIES-VARIOUS PROPERTY-PUB WKS VOID SERViCES-WATER PET~ CASH-VARIOUS AEROTEK INC 000080 AMI'EST OREGON 000400 BEN-KO-MATIC 001200 BLUMENTHAL UNIFORM 001310 COASTWIDE LAB 002626 MARGOT COMLEY 002686 COMPAQ FIN SERViCES 002724 CORP INC 002879 CRONATRON WELDING 002915 CTL CORP 002926 CUES 002928 CURl'S CARSTAR OO2965 EMER SERV CHAPLAINCY 004146 HD FOWLER CO 005210 FRYS ELECTRONICS 005405 GK MACHINE 006009 GALVANIZERS 006013 GE CAPITAL 006079 IOS CAPITAL OO8118 KENTEC HEATING 010060 LINDS MARKET 011240 MS~ AUTO WRECKING 012003 MARION CTY TAX ASSESS 012218 MARION CTY TREASURY 01~ METROFUELING 012448 NEW HORIZONS 013165 NEXTEL COMM 013188 NORCOM 013198 ONE CALL CONCEPTS 014054 ONSIll~ ENViRON 014055 OR REC 8~ PARKS ASSOC 014431 US FILTER 015065 PROTECTION ONE 015566 RADIO SHACK 017030 RADIX CORP 17035 TEK SYSTEMS 01g046 US OFFICE PRODUCTS 019100 TIGERDIRECT 019155 UNOCAL:ERNIE GRAHAM 020010 VAN WATERS & ROGERS 021094 VIKING OFFICE 021180 WEST GROUP 022160 WOLFERS 022460 WBN FLORIST 022600 YES GRAPHICS 024025 FIRST AMERICAN Tlll_E 005126 VOID VOID VAI ! Fy MAILING 021044 CITY OF WOODBURN 015255 3/23/2001 3/23 7.001 3123 2001 3/23 f2OOl 3/23 f2OO 1 3/2312001 3/23 f2OOl 3/2312001 3/2312001 3/23 t2001 3/23~2OO1 3/23/2001 3/23/2001 3/23/2001 3/23/2OOl 3/23/2OOl 3/23/2OOl 3/23/2001 3/23/2OOl 3/23/2OOl 3/23/2OOl 3/23/200:1. 3/23/2OOl 3/23/2OOl 3/23/2OOl 3/23/2001 3/23/2001 3/23/2001 3/23/2001 3/23/2001 3/23/200! 3/23/2001 3/23/2001 3/23/2001 3/23/2001 3/23/2001 3/23/2001 3/23/20ol 3/23/2OOl 3/23/2001 3/23/200! 3/23/2ool 3/23/2001 3/23/2001 3/23/2001 3/26/2001 3/29/2OOl 3/29/2ool $175.00 $247.25 $2,810.90 $97.15 $2,592.54 $200.00 $118.54 $142,900.77 $696.73 $396.98 $4,923.25 $4,62O.68 $768.OO $1,984.02 $1,552.04 $26.40 $125.00 $169.62 $512.89 $480.oo $30.0o $5o.oo $5.OO $7,030.25 $2,361.85 $1,995.00 $1,463.72 $21,463.75 $192.60 $495.73 $55.oo $4,612.00 $63.00 $14.99 $256.74 $368.OO $2,415.32 $63.15 $5O9.34 $542.84 $375.00 $403.63 $32.50 $1,722.00 $309,705.89 $o.oo $393.60 $152.92 Page 6 A/P CHE-(~ LISTING FOR THE MONTH OF HARCH 2001 54561 54562 54563 54564 54565 54566 54567 54568 54569 5457O 54571 54572 54573 54574 54575 54576 54577 54578 54579 54580 54582 5't583 54585 5"1.587 54590: 54591 54592 54.593 54594 54595 54596 54.597 54598 54599 546O2 546O3 546O4 54605 546O7 546O8 546O9 VOID VOID VOID VOID SERVICES-ENG SUPPLIES-LIBRARY SERVICES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-LEBRARY REFUND-BUILDING SERVICES-MUSEUM SUPPLIES-LIBRARY SERVICES--VARIOUS SERVICES-PARKS SERVICES--ENG SERVICES-TRANSIT SUPPLIES-LIBRARY SERVICES-VARIOUS SERVICES-VARIOUS SERVICES-VARIOUS SERVICES-PARKS SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-LEBRARY SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-WATER SUPPLIES-PUB WKS SERVICES-POLICE SUPPLIES-PARKS SUPPLIES-PARKS SUPPLIES-LIBRARY SERVICES-PARKS SUPPLIES-VARIOUS SUPPLIES-WWTP SERVICES-PUB WKS SUPPLIES-VARIOUS SUPPLIES-POLICE SERVICES-FINANCE SERVICES-FINANCE SERVICES-FINANCE SUPPLIES-LIBRARY SERVICES-PLANNING SUPPLIES-PARKS SERVICES-PARKS VOID VOID VOID VOID VOID VOID VOID VOID RENAISSANCE ENDEAVOURS NONE 3/30/2001 MILLENNIUM MEM TRUST NONE 3/30/2001 OR CAREER INFO SYS NONE 3/30/2001 KSA COMM K-READ NONE 3/30/2001 RUSSIA ONLINE NONE 3/30/2001 FRED SNEGIREV NONE 3/30/2001 IC[SF NONE 3/30/2001 HERITAGE CONF NONE 3/30/2001 BRAINSTORM NONE 3/30/2001 A&A PEST CONTROL 000011 3/30/2001 ACE SEPTIC 000031 3/30/2001 AEROTEK OOOOB0 3/30/2001 AM EAGLE GRAPHICS 000219 3/30/2001 AMERICANA PUBLISH 000370 3/30/2001 A-QUAUTY TYPEWRITER 000420 3/30/2001 ARAMARK UNIFORM 000534 3/30/2001 AUTO ADDITIONS 000558 3/30/2001 AT&T 000623 3/30/2001 ME-I'ROCALL 000655 3/30/2001 BATTERIES NW 001159 3/30/2OOl HOUSEHOLD BANK 001199 3/30/2001 BIMART CORP 001275 3/30/2001 BOOKS ON TAPE 001349 3/30/2001 BUllfrOG VIDEO 001586 3/30/2001 BUSINESS EQUIPMENT 001628 3/30/2001 CALIFORN[A CONTRACTORS 002028 3/30/2001 CAPI-FAL PAINT 002079 3/30/2001 CASE AUTOMO'FIVE 002190 3/30/2001 CASCADE COLUMBIA 002218 3/30/2001 ~DE POOL 002226 3/30/2001 CHEMEKETA COMM COLL 002410 3/30/2001 CLASS SOFTWARE 002568 3/30/2001 COASTAL FARM 002625 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54638. 54639 54641 54642 54643 54644 54645 54646 5'~H7 54648 54649 5'~550 54651 54652 54653 54654 54655 54656 54657 54658 SERVICES-WW~ SUPPLIES-VARIOUS SUPPLIES-VARIOUS SERVICES-PUB WKS SUPPLIES-WWTP SUPPLIES-POLICE SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-VARIOUS SUPPLIES-PARKS SUPPLIES.PARKS SERVICES-PARKS SUPPLIES-POLICE SUPPLIES-VARIOUS SERVICES-LIBRARY SUPPLIES-LIBRARY SERVICES-PARKS SERVICES-WATER SERVICES-C STORES SERVICES-PUB WKS SERVICES-ENG SUPPLIES-VARIOUS SERVICES-WWTP SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-PARKS SERVICES-PLANNING SERVICES-PARKS SERVICES-COURT SUPPLIES-LIBRARY SERVICES-POLICE SUPPLIES-PARKS SUPPLIES-LIBRARY SUPPLIES-PARKS REIMBURSE-MUSEUM SUPPLIES-TRANS/DAR SERVICES-PLANNING SUPPLIES-VARIOUS SUPPLIES-PARKS SERVICES-ENG SERVICES-PARKS SUPPLIES-PUB WKS SERVICES-PARKS SERVICES-VARIOUS SERVICES-ENG SERVICES-POLICE EPI NW FAMILIAN NW FARN PLAN FEDERAL EXPRESS FLOMERS FURN FOTO MAGIC GALE GROUP GATEWAY LEARNING GENERAL BINDING GW HARDWARE I-[ACH CHEMICAL HALTON CO CJ HANSEN CO HILLYERS MID CITY IND WELDING INFO USA MARKETING INGRAM DIST IOS CAPITAL IKON OFFICE KEY BUSINESS PROD KEY INVESTMENTS KOHRING CONSTRUCTION TIMO T KORKEAKOSKI I.&L BUILDING RANDALL LANGBEHN LIBRARY ASSOC LINCOLN EQUIPMENT LLOYD D LINDLEY M&M AUTO VVRECKING MSI GROUP MADERA ONEVIDEO MARION CI'Y TREASURY MARION ENVIRON MARSHALL CAVENDISH MCCORMICK BARKDUST KEZIA MERWIN METROFUELING METROPOLITAN GROUP MR P'S AUTO PTS MOORE MEDICAL MUFFLERS HITCHES NAIl_ RFC & PARKS ASSOC NORTH COAST ELECTRIC NW ELEVATOR NW NATURAL ONSITE ENVIRON OR DMV PAULS AUTO BODY 004245 005030 005062 O05080 005180 005258 O06015 006O23 006076 OO64O5 007030 007046 007055 007228 008110 008116 008118 008119 010076 010080 010105 010298 011010 011029 011228 0112~, 011250 011278 012003 012015 012036 012223 012227 012235 012350 012,~0 012,~8 012450 012510 012588 012655 013090 013215 013275 013350 014055 014240 015185 3/30/2001 3/30/2001 3/30/2001 31301200! 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/3o/2ool 3/30/2001 3/30/2001 3/3o/2ool 3/30/2001 3/30/2001 3/3o/2ool 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/3o/2ool 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/3o/2ool 3/3o/2ool 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/3o/2ool 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/3o/2ool 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 $800.00 $1,293.52 $90.78 $20.16 $1,218.00 $59.26 $44.17 $1oo.o6 $315.00 $1,649.29 $82.6o $883.72 $6.16 $544.17 $3,025.00 $2,844.69 $219.00 $9.17 $135.82 $3,592.64 $11,970.37 $1,125.94 $212.00 $32.50 $i5o.6o $4,696.39 $1,965.00 $50.00 $125.00 $282.15 $246.67 $17.99 $184.04 $60.00 $160.15 $292.17 $5,155.42 $53.03 $142.25 $55.00 $9o. Oo $1,040.00 $900.00 $3,142.75 $345.38 $9 .OO $364.00 Page 8 CHECK LISTING FOR THE MONTH OF MARCH 2001 54659 54662 54663 54664 54665 54666 54667 54669 54670 54671 54672 54673 54674 54675 54676 54677 54678 54679 5468O 54682 54683 54684 54685 54686 54687 54688 54689 5469O 54691 54692 54693 54694 54695 54696 54697 54698 54699 54700 54701 54702 54703 54704 54705 54706 SUPPLIES-PARKS SUPPLIES-LIBRARY SERVICES-VARIOUS SERVICES-I~NANCE SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-LIBRARY SUPPLIES-WWTP SERVICES-PARKS SERVICES-VARIOUS SERVICES-PLANNING SUPPLIES-LIBRARY SERVICES~VARIOUS SUPPLIES-VARIOUS SERVICES-WWTP SUPPLIES-WWTP SERVICES-PARKS SERVICES-VARIOUS SUPPLIES-VARIOUS SUPPLIES-POLICE SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-PARKS SUPPLIES-PARKS SERVICES-NON DEPT SUPPLIES-VARIOUS SERVICES-VARIOUS SUPPLIES-STREET SUPPLIES-VARIOUS SUPPLIES-LIBRARY SUPPLIES-VARIOUS REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-WTR/DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR PEPSI COLA 015225 3/30/2001 $821.50 PENWORTHY CO 015226 3/30/2001 $167.68 QWEST 016201 3/30/2001 $189.88 QWEST 016202 3/30/2001 $223.00 RECORDED BOOKS 017102 3/30/2001 $183.60 REGENT BOOK 017148 3/30/2001 $14.18 ROTHS IGA 017340 3/30/2001 $250.88 LES SCHWAB TIRE 018300 3/30/2001 $556.39 SHOWCASES 018454 3/30/2001 $439.42 SIERRA SPRINGS 018460 3/30/2001 $67.50 SONITROL 018605 3/30/2001 $50.00 SOS LOCK SERV 018608 3/30/2001 $389.50 SPENCER & KUPPER 018693 3/30/2001 $1,q04.00 SUNSET PROD 018819 3/30/2001 $50.00 TEK SYSTEMS 019046 3/30/2001 $1,288.00 US OFF[CE PROD 019100 3/30/2001 $231.29 TSI 019268 3/30/2001 $262.50 UNOCAL:ERNIE GRAHAM 020010 3/30/2001 $415.69 VERIZON WIRELESS 021123 3/30/2001 $19.14 VERIZON WIRELESS 021124 3/30/2001 $990.64 VIESKO QUALITY 021140 3/30/2001 $1,036.70 WALKERS CYCLE 022023 3/30/2001 $243.20 WE[SS RATINGS 022128 3/30/2001 $195.95 HW WILSON CO 022418 3/30/2001 $163.00 WINDSOR ROCK 022427 3/30/2001 $769.66 W1THERS LUMBER 022445 3/30/2001 $612.93 CHAMBER OF COMMERCE 022510 3/30/2001 $2,000.00 WBN FER'I~LIZER 022590 3/30/2001 $1,613.59 WB [NDEPENDENT 022630 3/30/2001 $196.39 WBN RADIATOR 022700 3/30/2001 $424.00 WBN RENT ALL 022708 3/30/2001 $1,309.40 WORLD MEDIA EXPRESS 022815 3/30/2001 $161.29 YES GRAPHICS 024025 3/30/2001 $572.80 DOROTHA BORLAND 045100 3/30/2001 $72.85 ]AN[CE DAVIS 045200 3/30/2001 $73.78 CORNELIUS DONNELLY 045230 3/30/2001 $217.62 ALTA FULLER 045270 3/30/2001 $39.68 LEONARD GIAUQUE 045290 3/30/2001 $1'~.77 AGNES HAGENAUER 045310 3/30/2001 $83.08 FRED HAYES 045315 3/30/2001 $325.50 ROBERT HURST 045318 3/30/2001 $147.25 BEULAH 3ORDAN 045320 3/30/2001 $140.09 CALVIN KOLLASH 045330 3/30/2001 $103.23 3OAN KOLLASH 045332 3/30/2001 $52.08 3 WARD O'BRIEN 045497 3/30/2001 $113.15 LOLA SPERATOS 045560 3/30/2001 $16.74 STEVE STURN 045585 3/30/2001 $89.28 HATI'IE VANDECOVERING 045670 3/30/2001 $24,80 Page 9 A/P CHECX LISTING FOR THE MONTH OF MARCH 2001 $1,397,412.12 Page 10 IOA CITY OF WOODBURN Community Development MEMORANDUM 270 Uontg0men/Street Woodburn, Oregon 97071 (503) 082-5246 Date: April 23, 2001 To: From: Subject: Honorable Mayor and City Council thru City Administrator Jim Mulder, Director of Community Development/~ V Resolution Calling for Public Hearing on Annexation Case No. 01-00 (Friendly GMC). Recommendation: It is recommended that the City Council adopt the attached resolution calling for a public hearing on May 14, 2001 to consider Annexation Case No. 01-00. Back~round: The applicant, Tony Miller, requests annexation of the Friendly GMC site located at 770 North Pacific Highway. The Planning Commission held a public hearing on this application at its March 22, 2001 meeting. State statute requires the City Council to set a time and date for a public hearing on the proposed annexation. COUNCIL BILL NO. 2300 RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF HIGHWAY 99E BETWEEN EAST LINCOLN ROAD AND AZTEC DRIVE. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 222.120, 7:00 p.m. on May 14, 2001 is declared to be the time set for public hearing before the Woodburn City Council on whether the City of Woodburn shall annex that property described in Exhibit "A" attached hereto. Section 2. Pursuant to ORS 222.120, no election is required on this issue. Section 3. Notice of' said hearing shall be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the City, and notices of the hearing shall be posted in four public places in the Ci~ for/like period. Approved as to Form:~l.~ ~ /~/5/20~J t City Attorney t Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder APPROVED RICHARD JENNINGS, MAYOR 10A ATTEST Mary Tennant, City Recorder Page 1 - COUNCIL BILL NO. RESOLUTION NO. UI~TIL A CHANGE 15 REOUEb~II:D, ALL TAX -~TATE~L~T$ SHALL SENT TO THE FOLLOWING ADDRI~-.a$; I~XXNE I. HAR'I'KE TRUST Milwaukie, OR ~L~eg?2$? true consideration for the conveyance is $-0~. BARGAIN AIID ~ DEED NAXIME I. HARTKE conveys to I~XINE I. PATRIC~ ~, HORTO~0 and CAROL ANNE 3UDD, Trustees of the Hartke Trust u/t/a /,~.. property si:ua:ed in'Maylon ~O~nty, &il ~hat ~esl Oregon, describes 8EGINNI#G on the east line of :he Pacific Highway at a pain: t~nt is 6.147 chains nort~ 87- east and ~8.051 chains no.tub .~2'21' £~o~ :he souChveeL co~ner of the ~, Cla~ No. 42, T. S ~ou:h. Ranqe I wst o~ the W.M. in ~arton county, Oregon, said beginning bcinq thc most northerly cor~cr of 1.9~ acres conveyed to ~al:er T. Robinson and wife by dee~ recorded March 12, 1945, in Vol. paqe 465, D~ed Records: thence 8ou~ 61'9~ eas~ alonq ~he northerly line of said Robinson ~rac~ 3.~19 chains to an a~le in to th~ ~outh line o~ ~e said Robinson ~bence north 8~'11' wast alo~q said line the easterly line of said Pacific thence notch 32'21' east along said line 3.916 chains to ~he place of ~tnnl~ all In ~arion coun~F, THIS IN~t:NT WILL N~ AL~ USE OF ~E PRO~ DESTRIB~D 1N TI(IS INSTRUMENT )W VIOlaTION OF APPLICAB~ ~D USE AND REGU~TIONs, BEFORE SlG~ING OR ACC~ING THIS z,s~u,~, ~,~ p~so~ ~couzsz~c F~ ~ZrL~ ~ ~ PRO~Y sao~ -/;: 9 "~";- .:"._.:.- '~... j~.,',: .... / ~'/2=...~. ~ ~..~_. <.-,~9 t 10Ar '~200 '~ 1300 1 600 \81~ Q~-+60.2 0/./' 6400 2 6600 1500 ~.25A0 ,KINLE¥ , i~.~: ~. '?.? '... .004 ,~ , ) - · i'.i .i'::i i:.-'~i:: 1900 / 4000 4200 2~5.18 4100 10,t O0 2200 21 O0 20OO 2300 0 0 0 0 ,~ 2400 8O7 3~66 ..... 2500 "-~8911E; 4.1e9 CH 275.15 152.S2. 89.95 37O0 132 3600 5 169.95 43OO 132 "~8 32E $.30a CH 109.37 3500 4400 450 10B oD u.. . Incorporated 1889 4/4/01 Mayor and City Coundl via John Brown, City Administrato~ D. Randall Westrick, Recreation and Parks Director {~d.) Scientific Exploration Policies and Permit RECOMMENDATION: Approve the attached Scientific Exploration Polities and Permit Application. BACKGROUND: For the past two summers, Woodbum's parks have become a focal point for significant paleoarchaeological exploration. This activity has taken place in N. Front Street Park and along Mill Creek within Legion Park. The exploration has yielded significant discoveries including evidence of human presence more than 10,000 years ago and identifiable remains of extinct ice age animal life. These discoveries have resulted in publicity within regional and national print and electronic news outlets and have generated significant notoriety in the sdentific community. Many experts have suggested that, based on these recent and past finds, Woodbum should be home to an Ice Age Flood Interpretive Center that the National Park Service has proposed. DISCUSSION: Because of the importance of the finds on City property and because of the widespread attention the finds have attracted, staff is proposing the attached policies to evaluate proposals and qualify scientific activities. The polities are intended to accomplish the following: · Cleary define the extent of the project; · Document and verify the qualifications of scientists leading and conducting the project; · Require research plan and provide for a curation fadlity; and · Set forth a fee schedule to recover City cost to accomnxx~e activities. These policies are set forth to ensure that exploration activities are accomplished through sound scientif,: methods and conducted under the supervision of qualified scientists. They are based on the State Histodc Preservation Office permit procedures for archaeological exploration. Attachments Recreation and Parks Department 270Montgomery Street * Woodburn, Oregon 97071 Ph.503-982-5264 · tax 503-982-5244 10B 2300 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ADOPTING A SCIENTIFIC EXPLORATION POLICY TO APPLY WITHIN PARKS AND TO OTHER CITY PROPERTY; ESTABLISHING A PERMIT PROCESS CONSISTENT WITH STATE AND FEDERAL LAW; AND DECLARING AN EMERGENCY. WHEREAS, City parks have recently become a focal point for significant scientific exploration; and WHEREAS, the State of Oregon issues archaeological permits and legally regulates "archaeological sites" as that term is defined by state law; and WHEREAS, the City has determined that a policy is necessary to regulate scientific exploration within City parks and on other City property; and WHEREAS, this Scientific Exploration Policy will be applied consistent with the provisions of state and federal law, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Scientific Exploration Policy which is affixed hereto and incorporated herein as Attachment "A" is hereby adopted. Section 2. Pursuant to this Policy, the following permit fees are hereby established: Permit Processing = $45 Park Use = $70 per day The City reserves the right to bill permittees for additional out-of-pocket expenses incurred as a direct result of the permit issuance Section 3. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form:C~'~l~'C"~'(}'-~ t-I-- ~ .-. '~ O O [ N. Robert Shields, City Attorney Date Approved: Richard Jennings, Mayor Page 1 - COUNCIL BILL NO. RESOLUTION NO. A"I"I'AOHMENT~ 10B Incorporated 1889 SCIENTIFIC EXPLORATION POLICY · Council Approved: April 23, 2001 ATTACHMENT Page _-~ of 1'01 SCIENTIFIC EXPLORATION POLICY April 23, 2001 PURPOSE. Located within Woodbum are what many consider the oldest paleoarchaeological sites in the Pacific Northwest. Explorations have uncovered significant discoveries on City of Woodbum property within City parks. These policies are intended to regulation and coordinate paleoarchaeological exploration within City parks and on City property. APPLICATION. This Scientific Exploration Policy applies only to City parks and other property owned by the City. This Policy does not apply where it is preempted by state and/or federal laws. DEFINITIONS. As used in this Policy unless the context requires otherwise: A. "Alter" means to disturb or remove. B. "Applicant" means the person who is applying for a permit under this Policy. C. "City" means the City of Woodbum, Oregon. D. "Curatorial Facility" means either a: (1) "Recognized" curatorial facility, which is the Oregon State Museum of Anthropology (OSMA); or (2) "Alternate" curatorial facility, which is defined as follows: (a) The scientific, educational, or Indian tribal institution for whose benefit a permit was issued, if approved by the Oregon State Museum of Anthropology (OSMA); or (b) An educational facility other than the institution collecting the material, provided the action is approved by the State Board of Higher Education; or (c) An educational facility or firm approved by OSMA with the requirement that the facility provide a material inventory to OSMA within six months of collection. E. "Excavate" means to break the ground surface. Page 1 - Scientific Exploration Policy ATTAGHMENTA , Page "~ of t~ 10B e F. "Person" means an individual, a partnership, a public or private corporation, and unincorporated association or any other legal entity. "Person" includes any subsidiary subcontractor, parent company or other affiliate. Business entities are considered affiliates when one controls or has the power to control the other or when both are controlled directly or indirectly by a third person. G. "Recreation and Parks Director" means the Recreation and Parks Director of Woodburn, Oregon. H. "Qualified Scientist" means a person who has the following qualifications: (1) A post-graduate degree in archaeology, anthropology, history, classics or other germane discipline with a specialization in archaeology, or a documented equivalency of such a degree; (2) Twelve weeks of supervised experience in basic archaeological field research, including both survey and excavation and four weeks of laboratory analysis or curating; and (3) Has designed and executed an archaeological study, as evidenced by a Master of Arts or Master of Science thesis, or report equivalent in scope and quality, dealing with archaeological field research. I. "Recognized Educational Institution" means: (1) An accredited member of a state system of higher education; or (2) An accredited academic or higher education institution with an accredited program in anthropology. J. "Recognized Scientific Institution" means a chartered museum, organization or society with a commitment to the scientific method. K. "Removal" means taking any artifact or non-artifactual remains on, imbedded in, or under the surface of the ground. PROCESS FOR APPLYING FOR A SCIENTIFIC EXPLORATION PERMIT WITHIN A CITY PARK OR ON CITY PROPERTY. A. A person may not excavate or alter a City park or other City property for scientific purposes without first obtaining a permit from the Recreation and Park Director. This includes scientific exploratory excavations to determine the presence of an archaeological site, or the removal of any material of an archaeological, paleonotological, historical, prehistorical or anthropological nature Page 2 - Scientific Exploration Policy Eo Co pAaT~'~aACHMENT ,//)r age, .~ of A scientific exploration permit may be issued to: (1) A qualified scientist exploring for the benefits of a recognized scientific or educational institution with a view to promoting the knowledge of paleonotology, archaeology or anthropology. The qualified scientist must have the following qualifications: Ao A post-graduate degree in archaeology, anthropology, history, classics or other germane discipline with a specialization in archaeology, or a documented equivalency of such a degree; Bo Twelve weeks of supervised experience in basic archaeological field research, including both survey and excavation and four weeks of laboratory analysis or curating; and Co Has designed and executed an archaeological study, as evidenced by a Master of Arts or Master of Science thesis, or report equivalent in scope and quality, dealing with archaeological field research. A person who desires a Scientific Exploration Permit must submit an application to the Recreation and Parks Director. The application must be complete and be accompanied by: (1) A map that clearly shows the location of the proposed work that enables the City to clearly understand the location of the proposed action; (2) A description of exploration activities including: (a) (b) (c) (d) (e) Dates for mobilization; Number of people expected on site; Extent and method(s) of excavation; Site security during the project; and Plan for restoring the site when the activities are complete. (3) A resume(s) or vita(s) for the person(s) in direct charge of field work. The resume or vita must demonstrate that the person(s) meets or exceeds the qualifications listed in (4) A research design that explicitly develops the rationale behind the proposed research, giving the theoretical orientation, justification for problem selection, logic and procedures for the research strategy. The design must define the universe of study, establish realistic minimal expectations and a realistic schedule of research and provide justified recovery procedures; /OB Page 3 - Scientific Exploration Policy ATTACHMENT~ Page ...Sz_ of ~ 10B (5) (6) Access to a curatorial facility within 100 miles of the City for archaeological and other objects uncovered during the project; and At least three references from professionals representing recognized scientific or educational institutions attesting to the applicants qualifications to pursue the proposed research. After considering the application, maps, research design, vita and all comments, recommendations for conditions, or objections received by entities with approval authority during consultation, the Recreation and Park Director may issue the permit without conditions, issue the permit with conditions or deny the permit. The permit does not relieve the applicant from compliance with other federal or state requirements, including, but not limited to, ORS 97.740 to 97.760, ORS 358.905 to 358.955, and ORS 390.235 to 390.240. All permittees shall use State of Oregon, Archaeological Survey and Reporting Standards. If during the execution of an approved permit, the permittee should uncover biotic or geological remains or deposits that qualify the site as an "Archaeological Site", the permittee must file an Archaeology Permit with the Oregon Parks and Recreation Department, State Historic Preservation Office according to OAR 736-051-0000. Prior to being issued a permit under this Policy, the Permittee shall, to the extent it may lawfully do so under the Constitution and laws of Oregon, agree to waive any claim against the City and indemnify, defend, and save harmless the City, its officers, employees and agents from and against any and all claims, actions, and appeals arising out of or in any way connected with exercise by the Permittee of the rights herein permitted. Prior to being issued a permit under this Policy, the Permittee shall acknowledge that all material found or discovered by the Permittee is the sole property of the City subject only to a superior ownership interest which is established pursuant to state or federal law. Without limiting the Permittee's indemnification of the City, the Permittee shall provide and maintain at its own expense during the term of this Permit comprehensive general liability insurance and comprehensive auto liability insurance with a combined single limit of $1,000,000 per occurrence. Such insurance shall be primary to other insurance maintained by the City and shall name the City as an additional insured. An application will not be considered complete without such a certificate. Page 4 - Scientific Exploration Policy PERMIT FEES AND CHARGES A'I'rACHMENT ~r' 10B Ao No application will be considered until fees are paid according to the following fee schedule: Permit Processing - $45 per permit Park Use - $70 per day The City reserves the right to bill permittees for additional out-of-pocket expenses incurred as a direct result of the permit issuance Bo These fees and policies guide the organization of scientific exploration conducted independently from City sponsorship. Agreements for scientific exploration activities in which the City is a partner will be negotiated on a case-by-case basis. Depending upon the nature of the activity, policies and fees outlined in these policies may or may not apply. Page 5 - Scientific Exploration Policy ATTAOHMENT_.~___ pag '7 of SCIENTIFIC EXPLORATION 10] W~N Permit Application Recreation and Parks Department ® 270 Montgomery Street ~ .... , ..... ~ ,~ ~ 9 Woodburn, OR 97071 (503) 982-5264 · (503) 982-5244 All information must be completed before this application will be considered for approval. Use separate sheets if more space is needed to complete a section. Applicant Project Name: Project Name: Institution: Street Address: Project Location: City State Zip Signature: Date: ~ Name: Affiliation: t .Phone #: ~ Street Address: City State Zip Starting Date of Field Work: Requested Permit Duration: ~ Requested Permit Expiration: a~ Purpose of the Investigation: Scope of Work (attach research design if necessary): Page ~ of_..~._.__ ] ( Plan for Reporting Results (attach research design if necessary): Name: Phone #: Address City State Zip Name: Phone #: Address City State Zip The Permittee waives all claims against the City, its officers, agents and employees, for loss or damage caused by, arising out of or in any way connected with the exercise of this permit. The Permittee agrees, to the extent it may lawfully do so, to save harmless, indemnify and defend the City, its officers, agents and employees, from any and all loss, damage or liability which may be suffered or incurred by the City, it's officers, agents and employees caused by, arising out of or in any way connected with exercise by the Permittee of the rights herein permitted. The Permittee acknowledges and agrees that all material found or discovered by the Permittee is the sole property of the City subject only to a superior ownership interest which is established pursuant to state or federal law. OApprovcd (conditions attached) Attachments: Insurance Certificate ODenied (justification attached) References Conditions of Approval Date Professional Credentials 10C MEMO TO: FROM: DATE: MAYOR AND CITY COUNCIL N. ROBERT SHIELDS, CITY ATTORNEY PAUL NULL, CHIEF OF POLICE CONSOLIDATED TRAFFIC ORDINANCE APRIL 17, 2001 Recommendation: It is recommended the City Council adopt the attached Ordinance regulating traffic within the City. Background: For the past several months we have worked with the Livability Task Force on proposed changes to city ordinances related to traffic, nuisance, and animal control. The Task Force and staff are reviewing and recommending revisions to these ordinances to enhance livability within Woodbum through modem code enforcement practices. The revised ordinances will be ,presented to the City Council for consideration as each of them are finalized. The Task Force will continue its work through a city ordinance public education campaign. We are pleased to present to you the attached consolidated traffic ordinance. This ordinance updates and combines the three existing city ordinances on traffic, parking and abandoned vehicles. While the new proposed ordinance incorporates significant administrative modifications, no attempt was made to change the previous policy determinations of the City Council. Discussion: The revised ordinance contains the following major provisions: The definition section was revised to compliment the remainder of the ordinance. All the definitions in the state motor vehicle code apply unless there is an additional definition included in the ordinance. You should note that "truck" is not defined in the state motor vehicle code and is defined inconsistently under the present ordinances It is now clear that the City Council is empowered with all possible traffic authority under ORS 810.010 10C Memo to City Council April 17, 2001 Page 2 There is a legal presumption that a traffic control device was lawfully authorized. This can be an issue in traffic enforcement cases. Under the revised ordinance, if the defendant raises this issue, the defendant must present at least some evidence that the traffic control device was not properly authorized. Obstructing streets is now prohibited. Interestingly, this was not addressed in previous ordinances. The new provision will be helpful in traffic enforcement. Storage of vehicles on a street or public property is prohibited. Failure to remove the vehicle for more than 72 hours constitutes prima facie evidence of storage. Trucks and truck trailers are prohibited from parking on streets in residential areas. Boats, campers and motor homes are prohibited from parking on streets longer than 72 hours. Time of storage is not deemed broken if the vehicle is merely moved elsewhere on the same block. This provision was on initially considered and endorsed by the Livability Task Force. If the prohibited parking was necessitated by emergency repairs, the burden is shifted to the cited person to demonstrate this as defense. This new provision is intended to provide some flexibility in emergency situations, but not allow the violator to classify every situation as an emergency. The city ordinance addressing abandoned vehicles will be repealed and both police officers and code enforcement personnel will dispose of abandoned vehicles in a consistent manner under state law procedures. While this does not represent a policy change, it represents a significant operational change by the Police Department. Under the former ordinance, police officers and code enforcement personnel had to use different procedures for abandoned vehicles. This was cumbersome and could lead to inconsistent outcomes. The new ordinance remedies this deficiency. Pedestrians must use marked crosswalks if one is within 150 feet. This is a new city ordinance provision which supplements state law and will be a useful tool in traffic safety enforcement. The parade permit procedure was examined for constitutionality, streamlines, and administratively overhauled. Attachment 23O4 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE REGULATING MOTOR VEHICLE, BICYCLE AND PEDESTRIAN TRAFFIC WITHIN THE CITY OF WOODBURN; REPEALING ORDINANCES 1904, 2078 AND 2191; AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Short Title. This ordinance may be cited as the"City of Woodburn Traffic Ordinance." Section 2. Definitions. (1) Thc definitions contained in the Oregon Vehicle Code, ORS Chapter 801, as constituted on the date this ordinance takes effect, are hereby incorporated by reference. (2) As used in this Ordinance, the following words and phrases mean: (a) Bus stop. A space on the edge of a roadway designated by sign for use by buses loading or unloading passengers. (b) Chief of Police. The Chief of Police of the City of Woodbum or designee. (c) City. The City of Woodburn. · (b) City Administrator. The City Administrator of the City of Woodbum or designee. (d) Council. The City Council of the City of Woodbum. (e) Emergency. A situation where an unforeseen combination of circumstances calls for immediate action in order to avoid damage to a vehicle or where a vehicle was rendered inoperable but does not include a situation where the vehicle is left standing in excess of 24 hours. (f) Holiday. New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and any other day proclaimed by the Council to be a holiday. (g) Loading zone. A space on the edge of a roadway designated by sign for the purpose of loading or unloading passengers or materials during specified hours of specified days. Page 1 - COUNCIL BILL NO. ORDINANCE NO. 10C 10C (h) Parade. Any march, demonstration, procession or motorcade consisting of persons, animals, or vehicles or a combination thereof upon the streets, parks or other public grounds within the City with an intent of attracting public attention that interferes with the normal flow or regulation of traffic upon the streets, parks or other public grounds. (i) Person. A natural person, firm, partnership, association, or corporation, company or organization of any kind. (j) Street. Any place or way set aside or open to the general public for purposes of vehicular traffic. (k) Traffic lane. That area of the highway used for or designated for the movement of a single line of traffic. (1) Truck. A motor vehicle designed and used primarily for drawing other vehicles, such as truck trailers, or for carrying loads other than passengers, and subject to state licensing for ten thousand (10,000) pounds or more gross vehicle weight. (m) Truck Trailer. Any trailer designed and used primarily for carrying loads other than passengers whether designed as a balance trailer, pole trailer, semi- trailer or self-supporting trailer. Administration Section 3. Powers of the Council. Subject to state law, the Council constitutes the City ,road authority under ORS 810.010 and is empowered with all municipal traffic authority for the City except those powers specifically and expressly delegated herein or by another ordinance. Section 4. Duties of the City Administrator. The City Administrator shall implement the ordinances, resolutions and motions of the Council. Installation of traffic control devices shall be based on the standards contained in the Oregon Manual on Uniform Traffic Control Devices for Streets and Highways. Section 5. Public Danger. Under conditions constituting a danger to the public, the City Administrator may install temporary traffic control devices which are determined to be necessary. Section 6. Standards. The regulations of the Mayor and City Council or its designate shall be based upon: (1) Traffic engineering principles and traffic investigations. Page 2 - COUNCIL BILL NO. ORDINANCE NO. 10C (2) Standards, limitations and rules promulgated by the Oregon Transportation Commission. (3) Other recognized traffic control standards. Section 7. Authority to Enforce Ordinance. Police officers as defined by ORS 801.395 and all other City employees designated by the City Administrator have the authority to enforce the provisions of this Ordinance. Section 8. Alteration of Traffic Control Devices Prohibited. No unauthorized person shall install, move, remove, alter the position of, or deface or tamper with a traffic control device. Section 9. Presumption that Traffic Control Device was Lawfully Authorized and Installed. A traffic control device is presumed to be lawfully authorized and installed unless the contrary is established by competent evidence. General Regulations Section 10. Crossing Private Property. No operator of a vehicle shall proceed from one street to an intersecting street by crossing private property. This provision shall not apply to the operator of a vehicle who stops on the property for the purpose of procuring or providing goods or services. Section 11. Unlawful Riding. (1) No operator shall permit a passenger and no passenger shall ride on a vehicle upon a street except on a portion of the vehicle designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to a person riding within a truck body in space intended for merchandise. (2) No person shall board or alight from a vehicle while the vehicle is in motion upon a street. Section 12. Prohibited Devices. No person shall use the streets for traveling on skis, toboggans, sleds, skates, skateboards roller blades or other similar devices. Section 13. Removing Glass and Debris. A party to a vehicle accident or a person causing broken glass or other debris to be deposited upon a street shall remove the glass and other debris from the street. Section 14. Obstructing Streets. No unauthorized person shall obstruct the free movement of motor vehicles or pedestrians using the streets. Page 3 - COUNCIL BILL NO. ORDINANCE NO. 10C Section 15. Storage of Vehicles on Streets. No person shall store or permit to be stored on a street or other public property, without permission of the City, a vehicle or personal property. Failure to remove a vehicle or other personal property for a period of 72 hours shall constitute prima facie evidence of storage of a vehicle. Section 16. Storage and Parking Trucks, Trailers, Boats~ Campers, Car Units and Other Vehicles. (1) No person shall park a truck or truck trailer upon any street, alley, avenue or public way in any residential area of the City adjacent to any residence, church, school, hospital, multiple dwelling, park or playground in any area of the City. The provisions of this section shall not be deemed to prohibit the lawful parking of such equipment upon any street, avenue or public way in the City for the actual loading or unloading of goods or to make repairs necessitated by an emergency. (2) No person shall park a bus or vacation house trailer, camper, boat and/or boat trailer, motor home, tent trailer, utility trailer, or any motorized or unmotorized vehicle on any street or on any avenue or public way within the City for longer than 72 hours. Section 17. Calculation of Time of Storage. When calculating hours under Sections 15 and 16 of this Ordinance, the continuity of time shall not be deemed broken by the movement of the motor vehicle or personal property elsewhere on the block unless the movement removes the motor vehicle or personal property from the block where it is located before it is returned. Parking Regulations Section 18. Method of Parking. (1) Where parking space markings are placed on a street, no person shall stand or park a vehicle other than in the indicated direction, and unless the size or shape of the motor vehicle makes compliance impossible, within a single marked space. (2) The operator who first begins maneuvering a motor vehicle into a vacant parking space on a street shall have priority to park in the space, and no other motor vehicle operator shall attempt to interfere. (3) Whenever the operator of a vehicle discovers the vehicle is parked close to a building to which the fire department has been summoned, the operator shall immediately remove the vehicle from the area, unless otherwise directed by the police or fire officers. Section 19. Prohibited Parking or Standing. In addition to the state motor vehicle laws prohibiting parking, no person shall park or stand: Page 4 - COUNCIL BILL NO. ORDINANCE NO. . , 10C (1) A vehicle in an alley other than for the expeditious loading or unloading of persons or materials, and in no case for a period in excess of 30 consecutive minutes. (2) A motor vehicle upon a street for the principal purpose of: (a) Displaying the vehicle for sale. (b) Repairing or servicing the vehicle, except to make repairs necessitated by an emergency. (c) Displaying advertising from the vehicle. (d) Selling merchandise from the vehicle, except when authorized. (3) A motor vehicle parked in such a manner that it damages or causes to be damaged any public improvement within the City including streets, alleys, or other public ways. The person who parked the vehicle shall be liable to the City for the damage caused thereby. Section 20. Affirmative Defense of Emergency Repairs. Under Sections 15, 16 and 19 of this Ordinance, it shall be an affirmative defense that the prohibited parking was necessitated by an emergency and the defendant shall have the burden of proving the existence of the emergency by a preponderance of the evidence. Section 21. Use of Loading Zone. No person shall stand or park a vehicle for any purpose or length of time, other than for the expeditious loading or unloading of persons or materials, in a place designated as a loading zone when the hours applicable to that loading zone are in effect. In no case, when the hours applicable to the loading zone are in effect, shall the stop for loading and 'unloading of materials exceed the time limits posted. If no time limits are posted, then the use of the loading zone shall not exceed 30 minutes. Section 22. Unattended Vehicles. Whenever a police officer finds a motor vehicle parked unattended with the ignition key in the vehicle, the police officer is authorized to remove the key from the vehicle and deliver the key to the person in charge of the police station. Section 23. Standing or Parking of Buses. The operator of a bus shall not stand or park the vehicle upon a street in a business district at a place other than a bus stop, except that this provision shall not prevent the operator from temporarily stopping the bus outside a traffic lane while loading or unloading passengers. Section 24. Restricted Use of Bus Stops. No person shall stand or park a vehicle other than a bus in a bus stop, except that the operator of a passenger vehicle may temporarily stop for the purpose of, and while actually engaged in, loading or unloading passengers when stopping does not interfere with a bus waiting to enter or about to enter the restricted zone. Page 5 - COUNCIL BILL NO. ORDINANCE NO. 10C Section 25. Extension of Parking Time. Where maximum parking time limits are designated by sign, movement of a vehicle in a block shall not extend the time limits for parking. Section 26. Exemption. The provisions of this ordinance regulating the parking or standing of vehicles shall not apply to a vehicle of the city, county or state or public utility while necessarily in use for construction or repair work on a street, or a vehicle operated by the United States while in use for the collection, transportation or delivery of mail. Abandoned Vehicles Section 27. Authority Over Abandoned Vehicles within City. City police officers and code enforcement personnel employed by the City and supervised by the Chief of Police shall have authority pursuant to ORS 819.140(1)(c) to take abandoned vehicles into custody and exercise powers over abandoned vehicles pursuant to state law. Section 28. Abandoned Vehicle Procedure. All abandoned vehicles shall be processed under the provisions of state law. Bicycles Section 29. Bicycle Operating Rules. In addition to observing all other applicable provisions of this ordinance and state law pertaining to bicycles, a person shall: (1) Not leave a bicycle, except in a bicycle rack. If no bike rack is provided, the person shall leave the bicycle so as not to obstruct any roadway, sidewalk, driveway or building entrance. A person shall not leave a bicycle in violation of the provisions relating to the parking of motor vehicles. (2) Not ride a bicycle upon a sidewalk within the downtown core area bounded on the north by Harrison Street, on the west by Second Street, on the south by Cleveland Street, and on the east by Front Street. Section 30. Licensing. in the following manner: The owner or lawful possessor of a bicycle may obtain a license (1) The police department shall issue licenses and in so doing, shall obtain and record the name and address of each person purchasing a license and the make, model and serial number (if any) of the bicycle. (2) A number shall be assigned to each bicycle so licensed, and a record of the license issued shall be maintained as part of the police records. A license plate assigned shall be affixed to the frame of the bicycle. (3) A fee for a bicycle license shall be $1.00; all license fees collected shall be paid over to Page 6 - COUNCIL BILL NO. ORDINANCE NO. 10C the general fund. Section 31. Impounding of Bicycles. (1) No person shall leave a bicycle on public or private property without the consent of the person in charge or the owner thereof. (2) A bicycle left on public property for a period in excess of 24 hours may be impounded by the police department. (3) In addition to any citation issued, a bicycle parked in violation of this ordinance may be immediately impounded by the police department. (4) If a bicycle impounded under this ordinance is licensed, or other means of determining its ownership exist, the police shall make reasonable efforts to notify the owner. (5) A bicycle impounded under this ordinance which remains unclaimed shall be disposed of in accordance with the city's procedures for disposal of abandoned or lost personal property. Pedestrians Section 32. Right Angles. A pedestrian shall cross a street at a right angle, unless crossing within a crosswalk. Section 33. Use of Available Crosswalk. No pedestrian shall cross a street other than within a crosswalk in blocks with marked crosswalks or if within 150 feet of a marked crosswalk. ° Section 34. Skates, Skateboards, and Roller blades. No person shall use skates, skateboards, roller blades or other similar devices upon a sidewalk within the downtown core area bounded on the north by Harrison Street, on the west by Second Street, on the south by Cleveland Street, and on the east by Front Street. Funeral Processions Section 35. Funeral Processions. (1) A funeral procession shall proceed to the place of interment by the most direct route which is both legal and practical. (2) The procession shall be accompanied by adequate escort vehicles for traffic control purposes. (3) All motor vehicles in the procession shall be operated with their headlights turned on. Page 7 - COUNCIL BILL NO. ORDINANCE NO. (4) No person shall unreasonably interfere with a funeral procession. (5) No person shall operate a vehicle which is not a part of the procession between the vehicles of a funeral procession. Parades Section 36. Permit Required. No person shall engage in or conduct any parade unless a permit is issued by the Chief of Police. Section 37. Parade Permit Application.. (1) Application for a parade permit shall be made, except for a funeral procession, to the Chief of Police at least seven days prior to the intended date of parade, unless the time is waived by the Chief of Police. In considering whether to waive the minimum time within which an application for a permit must be made, the Chief of Police shall consider the following factors: (a) Whether the size, route or nature of the proposed parade is such that additional law enforcement or other resources are required; (b) Time needed to inform the public of the parade in order to minimize public inconvenience. (2) Applications shall be signed by the applicant and include the following information: (a) The name, address and telephone number of the persons responsible for the proposed parade. (b) The name, address and telephone number of the headquarters of the organization for which the parade is to be conducted, if any, and the authorized and responsible heads of the organization (c) The requested date of the proposed parade. (d) The desired route, including assembling point. (e) A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traveled. (f) The location by street of any assembly areas for such parade. (g) The number of persons, vehicles and animals which will be participating in Page 8 - COUNCIL BILL NO. ORDINANCE NO. 10C ' ' 10C the parade. (h) The estimated number of spectators. (i) A description of any recording equipment, sound amplification equipment, banners, signs, or other attention-getting devices to be used in connection with the parade. O) The intervals of space to be maintained between units of such parade. (k) The proposed starting and ending times. Section 38. Standards for Issuance (1) The Chief of Police shall issue a parade permit as provided for herein when, from a consideration of the application and from such other information as may otherwise be obtained, the Chief of Police finds that: (a) The conduct of the parade will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location; (b) The conduct of the parade will not require the diversion of so great a number of City police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the City; (c) The concentration of persons, animals, and vehicles at public assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such public assembly areas; (d) The conduct of the parade is not reasonably likely to cause injury to persons or property; (e) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; (f) Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas; (g) There are sufficient parking places near the site of the parade to accommodate the number of vehicles reasonably expected; (h) No parade permit application for the same time and location is already granted or has been received and will be granted. Page 9 - COUNCIL BILL NO. ORDINANCE NO. 10C Section 39. Denial of Permit. If the Chief of Police denies the permit based upon the standards for issuance specified in Section 38, written findings shall be issued specifying the reasons for the decision and a copy of the findings shall be furnished to the applicant. Section 40. Alternative Permit. (1) The Chief of Police, in denying an application for a parade permit, may authorize the conduct of the parade at a date, time, location, or route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five (5) days after notice of the action of the Chief of Police, file a written notice of acceptance with the Chief of Police. (2) An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit issued under this Ordinance. Section 41. Notification of Decision. (1) The Chief of Police shall notify the applicant of the decision within five days of receipt of the application. (2) If the Chief of Police requires an alternate route or an alternate date or refuses to issue a permit, the applicant shall have the right to appeal this decision to the Council. Section 42. Appeal to Council. (1) The applicant may appeal the decision of the Chief of Police by filing a written request of the appeal with the City Recorder within five days after the Chief of Police has proposed alternatives or refused to issue a permit. (2) The Council shall schedule a hearing date which shall not be later than the second regular session following the filing of the written appeal with the City Recorder and shall notify the applicant of the date and time that he may appear either in person or by a representative. Section 43. Public Conduct During Parades. (1) No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or with any person, vehicle or animal participating or used in a parade. (2) No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade. (3) The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street constituting a part of the route of a parade. Section 44. Prohibited Conduct. The following prohibitions shall apply to all parades: Page 10 - COUNCIL BILL NO. ORDINANCE NO. ' ' 10C (1) It shall be unlawful for any person to stage, present, or conduct any parade without first having obtained a permit as herein provided; (2) It shall be unlawful for any person to participate in a parade for which the person knows a permit has not been granted; (3) It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly licensed parade to knowingly fail to comply with any condition of the parade permit; Section 45. Permit Revocable. The City Administrator may revoke a parade permit if: (1) An imminent threat of violence and personal injury to the parade participants exists, all reasonable efforts to protect the parade participants have failed, and a request to disband the parade made to the parade organizers has been refused; (2) Actual violence that endangers public safety has been caused by parade participants and public safety cannot be protected without revocation of the permit; or (3) There is significant deviation from the route designated in the application or approval, or assembly at points not shown in the application or approval, which occurs without approval of the Chief of Police. Parking Citations and Owner Responsibility Section 46. Citation on Illegally Parked Vehicle. Whenever a vehicle without an operator is found parked in violation of a restriction imposed by this ordinance or state law, the officer finding the vehicle shall take its license number and any other information displayed on the vehicle · which may identify its owner, and shall conspicuously affix to the vehicle a traffic citation instructing the operator to answer to the charge and at the time and place specified in the citation. Section 47. Owner Responsibility. The owner of a vehicle placed in violation of a parking restriction shall be responsible for the offense, except when the use of the vehicle was secured by the operator without the owner's consent. Section 48. Registered Owner Presumption. In a prosecution of a vehicle owner charging a violation of a restriction on parking, proof that the vehicle at the time of the violation was registered to the defendant shall constitute a presumption that the defendant was then the owner in fact. Impoundment and Penalties Section 49. Authority to Impound Improperly Parked Vehicles. When any unattended vehicle is parked upon a street, alley or public way of the City in such a manner that it is unlawfully parked in any prohibited or restricted area or is unlawfully parked for a length of time prohibited by Page 11 - COUNCIL BILL NO. ORDINANCE NO. 10C this Ordinance, such vehicle is declared by the Council to be a public nuisance and it shall be subject to abatement, removal and impounding in accordance with the procedures provided for abandoned vehicles pursuant to state law. Section 50. Civil Infraction Assessment. Each violation of any provision of this Ordinance constitutes a class 4 civil infraction and shall be dealt with according to the procedures established by City ordinance. General Section 51. Severability Clause. Ifa portion of this ordinance is for any reason held to be invalid, such decision shall not affect validity of the remaining portions of this ordinance. Section 52. Repeal. Ordinances 1904, 2078 and 2191 are hereby repealed. Section 53. Saving Clause. The repeal of any ordinance by this Ordinance shall not preclude any action against any person who violated the ordinance prior to the effective date of this ordinance. Section 54. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form:~'~, t'~'" ~ ,/-//'- / ~ - ZOO/ N. Robert Shields, City Attorney Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Approved: Richard Jennings, Mayor Mary Tennant, City Recorder City of Woodbum, Oregon Page 12 - COUNCIL BILL NO. ORDINANCE NO. City of Woodburn Police Department 270 Montgomery Street STAFF REPORT WoodbumOR 97071 (503) 982-2345 Date: From: To: Through: April 19, 2001 Paul Null, Chief of Police Mayor and City Council John Brown, City Administrato~ Subject: Mid-Willamette Valley Police Mutual Aid Agreement Special Police Operations Teams Agreement Recommendations: The City Council enter into an ORS 190 mutual aid agreement with Mid- Willamette Valley police agencies. The City Council enter into an ORS 190 agreement with Salem Police Department to provide Special Police Operations to the City of Woodburn. In 1987, the City of Woodbum entered into it's first Mid-Willamette Valley Police Mutual Aid Agreement with law enforcement agencies in Marion, Yamhill, and Polk Counties. This agreement was updated and resigned in 2000. Also in 1987, the City of Woodbum entered into a separate agreement with Salem Police 'Department which by Salem Police Department would provide specialized police services outside the scope of the Mid-Willamette Police Mutual Aid Agreement. The agreement establishes guidelines in which Salem Police Department would provide Special Police Operation Teams such as SWAT, Hostage Negotiations and Bomb Squad services to the City of Woodburn. The agreements allow mutual aid from other law enforcement agencies in times of emergency which would otherwise overtax the resources of individual agencies. Such intergovernmental agreements are authorized under Oregon Revised Statute Chapter 190. Even though the term of the agreements are perpetual, involved agencies have proposed one substantive change. The proposed change is the insertion 6f the last sentence in Article 4, Sec 4.3. relating to Internal Affairs reports. 10D , 10D COUNCIL BILL NO. 2305 RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A "POLICE MUTUAL AID AGREEMENT" AMONGST VARIOUS MUNICIPAL, COUNTY, AND STATE LAW ENFORCEMENT AGENCIES. WHEREAS, it is mutually beneficial for public agencies to supplement, coordinate, and support one another in the event of certain emergency situations; and WHEREAS, the community welfare is best preserved through such supplemental police support which would otherwise overtax the resources of a single jurisdiction during such emergency situations; and WHEREAS, Oregon Revised Statute Chapter 190 authorized such intergovernmental agreements for cooperation services; and WHEREAS, the City of Woodbum has previously entered into such mutual aid agreements for said benefits; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor is authorized to sign the Mid-Willamette Valley Police Mutual Aid Agreement on behalf of the City of Woodburn, a copy of which is affixed hereto as Attachment "A" and, by this reference, incorporated herein. · 04<3 Approved as to form.t~ .~ [4- ~t~ ,..- ~ O0 N. Robert Shields, City Attomey Date 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. Page 1 - COUNCIL BILL NO. RESOLUTION NO. Approved: Richard Jennings, Mayor ATTACHMENT ~ ,. Page -..L- of 10D General Conditions March 5, 2001 These General Conditions are intended to provide the framework of benefits and obligations within which any Oregon law enforcement agency with jurisdiction in Marion, Polk or Yamhill Counties may obtain the aid and assistance of any other agency which has agreed to be bound by the same conditions. The term "this Agreement" refers to the collective agreements by which law enforcement agencies consent to and are bound to these General Conditions, and includes these General Conditions themselves. The term "Party" includes every agency which has signed such an agreement. It is to the mutual advantage of the parties hereto that there be supplementary police aid available should a public occurrence or event sorely tax the police facilities of a single party, threaten to reach a magnitude or duration beyond the ability of a single police agency to control, or, for the public safety, require a multi-jurisdictional coordinated effort. The parties contemplate that such supplementary police service would be available in, but not limited to, situations and circumstances such as: riot, unlawful assembly, insurrection, major disaster, apprehension of suspected felons, parades or other events where unusually large gatherings are to be found, search parties, and other instances where the local agency's human resources cannot reasonably be expected to cope with the situation; and further that supplementary police service would be available on a routine basis, as between neighboring jurisdictions, when, for whatever reason, a particular police agency is unable to respond immediately to a situation requiring immediate and speedy police response and the neighboring agency has the present ability to respond. This Agreement is of a type and for a purpose expressly authorized by Chapter 190, Oregon Revised Statutes and is not otherwise prohibited by law. The governing authority of each party has determined that it is mutually advantageous to render assistance to and receive assistance from other parties, and the benefit to be derived by each of the parties from availability of additional police service and support is ample consideration for each to enter into this Agreement. Mid- Willamette Valley Police Mutual Aid Agreement General Conditions, 03/05/01 - Page I ATTACI..[M ENT.-~.~ ' Page ~ of If there is a "police problem" within the area of jurisdiction of one of the parties, and the problem is of such gravity and consequence that the regular police personnel of such party cannot readily control or suppress the same, the senior police officer on duty may request assistance from one or more of the parties to this Agreement by notifying the Police Chief, Sheriff or their designated officer on duty of the agency from whom assistance is requested. IOD Upon receipt of such request for aid, the agency to whom the request is made shall respond at its fullest ability without, in its judgement, compromising its ability and resources to maintain a reasonable level of service within its own jurisdiction. The decision of the Police Chief, Sheriff or other duly designated officer of the agency from whom aid is requested as to what manpower, equipment and vehicles are available for response shall be final. The requesting agency's officer in charge at the scene of the "problem" shall remain in charge and provide general directions to all aiding agency personnel. At the request of the officer in charge, any aiding agency shall withdraw its personnel from the scene of the problem. 10. Where the services of responding agencies are required on a dispersed or multiple location basis, the requesting agency's senior officer on duty shall designate an officer as "Coordinator." The Coordinator shall have authority to assign responding agency personnel to locations within or without the requesting agency's jurisdiction. When responding personnel are dispatched to locations outside of the requesting agency's jurisdiction, the Coordinator shall promptly notify the senior officer in the jurisdiction to which said personnel are dispatched. That senior officer shall provide direction to responding agency personnel as needed to carry out the mission assigned by the Coordinator. 11. It is mutually agreed and understood that this Agreement shall not relieve any party hereto of the responsibility for police protection within its own jurisdiction, nor does this Agreement create any right in or obligation to third persons by any party hereto which would not exist in the absence of this Agreement. Each of the parties hereto shall continue to provide the same salaries, compensation for death or disability, retirement and furlough payments, cost of transportation, and other normal fringe benefits to their employees who are assigned to render assistance to another party pursuant to this Agreement as those employees would receive if on duty within the boundaries of the party by which they are employed. Costs of equipment, supplies, and materials used or expended, and reasonable subsistence expenses incurred while rendering assistance under this Agreement will be borne by the party requesting such assistance and authorizing the use of said equipment, supplies, materials, and reasonable subsistence expenses. 13. It is agreed that this Agreement for mutual aid shall constitute the sole consideration for the performance hereof, and no party hereto shall be obligated to reimburse any other for use of manpower. Each party hereto shall protect its own employees performing under this Agreement by adequate Workers' Compensation Insurance or self-insurance. Each party hereto shall obtain and maintain in full force and effect adequate public liability and property damage insurance or self-insurance public liability and property damage insurance or self-insurance to cover claims for injury to persons or damage to property arising from the performance of this Agreement. Each jurisdiction shall be responsible for the acts of its own employees. Mid-Willamette Valley Police Mutual Aid Agreement General Condi~ons, 03/05/01 - Page 2 14. 15. 16. 17. 18. 19. ATTACI-J~M ENT.=~~ P~Ge ~ of ~ Persons arrested by officers whose services are being provided to another agency requesting their service shall be deemed, for all purposes including provision of medical care as required by law, to be in the custody of the agency which requested the assistance under this Agreement. It is expressly understood that this Agreement does not cover the use of special incident teams such as Special Weapons and Tactics (SWAT), Hostage Negotiations, and Hazardous Devices. Deployment of such special teams to assist another agency must be pursuant to a separate agreement. The term of this Agreement shall be perpetual, subject to the right of any party to withdraw as provided herein. These General Conditions may be modified at any time by mutual consent of all agencies who are then parties hereto. Any party to this Agreement may withdraw at any time on thirty (30) days written notice to the Chief of Police of the City of Salem. Thereafter this Agreement shall continue to exist among the remaining parties. Any party hereto may be excluded from this Agreement upon thirty (30) days written notice executed by at least a majority of the agencies who are then parties hereto. Upon withdrawal or exclusion of a party, the Chief of Police of Salem shall give prompt written notice of such act to the chief officers of all remaining parties. It is expressly declared to be the intention of each party signatory hereto that its participation in this Agreement is not dependent on the participation of any other law enforcement agency, whether or not already a party hereto. The parties hereto and each of them agree that all mutual aid agreements existing between them, to the extent that said agreements cover the same matters covered herein, are hereby canceled and shall be of no further force or effect. Any law enforcement agency eligible as described in paragraph one of these General Conditions may become a party to this Agreement by appropriate action of its governing body or other official or body having the authority to enter into intergovernmental agreements on behalf of the agency, causing two copies of an Agreement in the form attached hereto as Exhibit A to be signed on its behalf by its duly authorized official or officials, and delivering both copies to the Chief of Police of the City of Salem. Upon such delivery, the Chief of Police of Salem shall transmit one original to the Chief of Police of the City of Woodburn, keep the other on file, acknowledge receipt in writing to the agency, and notify all other parties of the addition of such agency as a party. -- End of General Conditions - 10D MM-Willamette Valley Police Mutual Aid Agreement General Conditions, 03/05/01 - Page 3 MID-WILLAMETTE VALLEY POLICE MUTUAL AID AGREEMENT 1. On the day and year last set forth below, the City of Woodburn, Oregon, for its Police Department ("Agency"), based upon duly adopted action or authority of its governing body or other official or body having authority to enter into intergovernmental agreements on behalf of the Agency, agrees to and accepts the MID-WILIJAMETYE VALLEY POLICE MUTUAL AID AGREEMENT GENERAL CONDITIONS dated March 5, 2001, and agrees.to become a party to a multi-agency mutual aid system governed by those General Conditions. 2. All prior agreements concerning the same subject matter and scope of coverage are hereby terminated as of the date last set forth below. IN WITNESS WHEREOF the Agency has caused this Agreement to be signed, in duplicate, by its duly authorized representatives as of this day of ,2001. THE CITY OF WOODBURN, OREGON By:. Title: Attest: Title: Legal Counsel APPROVED AS TO FORM: AGREEMENT FOR USE OF SPECIAL POLICE OPERATIONS TEAMS ATTACH_.MENT~ Page -~- of ~ 10D This Agreement is made between the City of Salem, an Oregon municipal corporation ("Salem"), and the WOODBURN POLICE DEPARTMENT, an Oregon municipal corporation ("User"), for the purpose of establishing terms and conditions for the use of Salem's special operations teams by User. This Agreement is entered into pursuant to ORS Chapter 190; and has as its further consideration the mutual benefits, obligations, reservations and protections herein contained. ARTICLE 1. - DEFINITIONS 1.1. "Chief Officer" means the User's Chief of Police, Sheriff, or other head of the User's law enforcement agency; or the person who, by law, administrative rule, or special appointment, is acting in that capacity in the absence of the permanent head of the agency. 1.2 "Consumables" means ammunition, food, and other materials used by a special team which, once used, are unsuitable for further use "as is." The term does not include fuel, lubricants, etc., consumed by vehicles used for transport of special teams and their equipment. 1.3. "Duty Commander" means the Shift Commander, Watch Commander, Force Commander, Station Commander, or other officer who is on duty as supervisor in charge of a law enforcement agency's operation. 1.4. "Incident Commander" means the officer assigned by Salem to supervise and command the operations of one or more special teams at an incident, and to have full command of all other law enforcement operations and activities within the incident perimeter 1.5. "Incident Perimeter" means the geographic perimeter as established or modified from time to time by the Incident Commander, and within which the Incident Commander is in charge of all law enforcement operations. 1.6. "Liaison Officer" means a supervisory officer assigned by the User's Duty Commander to assist, coordinate, and maintain communication between the Salem Incident Commander and the User's Duty Commander. 1.7. "Special Team" includes the Special Weapons and Tactics Team ("SWAT"), the Hostage Negotiations Team, the Hazardous Devices Team, and any other special capability team created by Salem to handle specialized high-risk police operations and identified as a special team for purposes of this Agreement by Salem's Chief of Police. ARTICLE 2. - PROCEDURES 2.1. User may request the services of Salem's special teams only by direct request from its Duty Commander upon express approval of its Chief Officer. Such request shall be communicated directly by User's Duty Commander to Salem's Duty Commander, and shall include an explicit AGREEMENT - SPECIAL POLICE OPERATIONS TEAMS - Page 2 ,/tg____:_. 10D Page_ _ .,, . confirmation that User's Chief Officer has been informed of and specifically authorized that particular request. 2.2. Salem's Duty Commander will respond to the User within 15 minutes whether a request will be honored or not. Salem, through its Chief Officer and Duty Commander reserve complete and sole discretion to grant or deny any request for the use of special teams. 2.3. Upon approval of a request, an Incident Commander from Salem's Police Department will be assigned and officers assigned to comprise the team or teams. User will assign a Liaison Officer and notify Salem's Duty Commander. Salem expressly disclaims all responsibility for time of response. Arrival of individual team members in sufficient strength to assume operational responsibility for an incident is dependent upon factors such as availability of equipment, scheduled vacations and days off, other special assignments, etc., some of which are beyond Salem's control and others are within Salem's sole discretion and judgement as to priority of assignment. 2.4. Once Salem's Incident Commander arrives at the scene of the incident, the Liaison Officer will brief the Incident Commander and define the goals and objectives to be met in resolving the incident. The Incident commander will assess the situation and inform the Liaison Officer of the necessary incident perimeter and any necessary preliminary operations which can be done by the User (road blocks, evaluation, intelligence gathering, establishing communications with utilities, etc.). When, in the judgement of the Incident Commander, an effective liaison has been established and sufficient special team personnel and equipment are ready, he or she will assume command of the incident and so notify the Liaison Officer. 2.5. User shall provide support, facilities, consumables, perimeter security, and other assistance as requested by the Incident Commander until command of the incident is reassumed by or relinquished to the User as provided in Section 4.1. 2.6. While in command of the incident, the Incident Commander shall have sole authority to direct and control special team members, and any User agency officers who may be given special limited duties within the incident perimeter. The User agency shall be responsible for maintaining perimeter security, and for all support operations. ARTICLE 3. - LEGAL STATUS OF PARTIES AND PARTICIPANTS 3.1. The sole operational functions of the City of Salem, its Chief Officer, and Duty Commander are to review requests for special teams; and, if approved, assign an Incident Commander and team members. Once so assigned, the Incident Commander and team members are agents of the User, and are entitled to indemnity and defense by the User pursuant to ORS 30.260 to 30.300 as agents of the User. 3.2. Any and all employees of Salem involved in the selection, and equipping of the Incident Commander and team members do so as agents of the user, and are likewise entitled to indemnity and defense by the User pursuant to ORS 30.260 to 30.300. 3.3. Selection, assignment, discipline, and training of Salem's special team members, generally, is done without consideration of their use in such capacity by other agencies. Salem's Chief of Police, City Manager, and Common Council have in their discretion, chosen and approved the nature and AGREEMENT - SPECIAL POLICE OPERATIONS TEAMS - Page 3 , , IOD ATTACHMENT Page -7 of level of training and qualifications of police command officers and special team members to suit what they believe to be the proper balance between available resources and public needs. User agrees that Salem makes its special teams and Incident Commanders available hereunder without any representation as to the suitability or applicability of their training, equipment, or qualifications in incidents outside the City of Salem; and acknowledges that Salem's discretion, through its officers, employees and agents, as to the fitness, training, equipment, character, and ability of its command officers and special team members is discretionary within the scope and meaning of ORS 30.265(3) (c). 3.4. To the extent it lawfully may under the Constitution and laws of Oregon, the User agrees to indemnify, defend, and save harmless the City of Salem, its officers, employees and agents from and against any and all claims, actions, and appeals arising out of or incident to User's use of Salem's personnel under this Agreement. 3.5. User shall reimburse Salem for the actual cost of any consumables used by special teams in connection with their operations under this Agreement. 3.6. Salem shall pay all salary and fringe benefit costs, including Workers' Compensation coverage as required by law and also including overtime compensation, if any, incurred with respect to its personnel furnished to User hereunder. 3.7. Any persons arrested by Salem police officers acting under this Agreement shall be deemed for all purposes, including provision of medical care as required by law, to be in the custody of the User and not Salem. ARTICLE 4. - TERMINATION 4.1. The participation of Salem's personnel in any incident may be terminated by: 4.1.1. The Incident Commander upon that officer's determination that the incident is ,resolved and notification thereof to the Liaison Officer; 4.1.2. The Incident Commander when, in that officer's discretion and judgement, it appears that further participation of Salem personnel would represent an unreasonable risk to their safety or welfare, or to the safety of others not involved in the incident; 4.1.3. The User's Chief Officer or Duty Commander upon notice to the Incident Commander. 4.2. Upon termination of Salem personnel's participation in an incident, the Incident Commander shall notify the Liaison Officer of their withdrawal and the reasons thereof. Salem personnel shall thereafter have no further authority or responsibility with respect to the incident. 4.3. Within 48 hours after termination of participation in an incident, Salem shall provide User with copies of such incident reports as would be produced by its officers involved in a similar incident in Salem; provided, however, that this shall not obligate Salem to furnish copies of reports generated by personnel from another agency, Internal Affairs reports, or reports prepared in anticipation of any potential administrative or judicial proceeding, notwithstanding, the City of Salem and its employees shall cooperate fully with and provide all the foregoing information to the City of Woodburn AGREEMENT - SPECIAL POLICE OPERATIONS TEAMS - Page 4 ATTACHMENT Page ~ of in the event a tort claim or litigation is filed as provided by ORS 30.287(2) and Salem seeks defense and indemnity under this agreement. ARTICLE 5. - TERM AND CANCELLATION 5. I. This Agreement may be canceled by either party upon 30 days prior written notice to the Chief Officer of the other. 5.2. Except as provided in Section 5.1., this Agreement shall be perpetual, continuing in force and from the most recent date of execution set forth below until terminated. ARTICLE 6. - MISCELLANEOUS 6.1. This Agreement represents the entire understanding of the parties with respect to the subject matter hereof, and supersedes any and all prior written and verbal agreements, representations, and understandings with respect to the same subject matter. 6.2. The terms and conditions hereof are severable, and independent. Invalidity of any part hereof shall not be construed as impairing the validity or enforce ability of the remainder. 6.3. This Agreement may be waived or modified, in whole or in part, permanently or pro tempore, only by prior written agreement of the parties. No other waiver, modification, or amendment may be made, and no representation purporting to do so may be relied upon by either party. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF SALEM, OREGON CITY OF WOODBURN, OREGON By:. By:. Robert G. Wells Title: City Manager Pro-Tem Date: Date: ' IOD AGREEMENT - SPECIAL POLICE OPERATIONS TEAMS - Page 5 MEMO To: From: Subject: Date: For Council Action, through the City Administrato~~' David N. Torgeson., P.E., through the Public Works Director Contract award for Manhole Rehabilitation April 2, 2001 IOE RECOMMENDATION; It is being recommended the City Council award the contract for Manhole Rehabilitation to the lowest responsible bidder, Geico Services, Inc., in the amount of $29,575.00. .B .ACKGROUND: The contract is in conjunction with Project No. 2000087-29, Bid No. 21-10, for rehab'ditation of s~ve~nt~n sanitary sewer manholes in tbe downtown area. The work will correct struoRgal deficiencies and seal against infiltration and inflnw (referred to as "I&I"). Infiltration and inflow contribute to increased cost of sewage transportation and treatment. The work is part ora plan whose implementation is required by the state Division of Environmental Quality. Further incremems will be performed in subsequent years. Staffreceived a total of three qualified bids as listed below in ascending order: 1. Geico Services, Inc. (Salem, OR) $29,575.00 2. PEC, Inc. (Helena, MT) $34,950.00 3. TSR Corp. (Sherw~ OR) $36,658.00 The project will be funded using approved, budgeted sewer funds. The funds are budgeted in Wastewater Rehabilitation, under line item 472-622-714.003. Staffhas contacted the apparem low bidder. They express their interest in executing this contract, and are eager to undertake the work. IOF MEMO TO: FROM: City Council through City Administrator Public Works Program Manager/,~/~ SUBJECT: Improvement of Highway 99E Railroad Crossing DATE: April 3, 2001 RECOMMENDATION: By Council motion authorize cost sharing not to exceed $5,000.00 for improvement of the Highway 99E railroad crossing. BACKGROUND: The city recently received the attached request from Willamette Valley Railroad Company for a cost sharing arrangement to improve the railroad crossing of Highway 99E near Cleveland Street. The improvement would replace the rails and ties and add a concrete crossing. This improvement would significantly improve this crossing and it appears that ODOT has agreed to participation in the project. Marion County was also asked to participate in the work but has indicated that it will decline to do so, as the roadway in question is not one for which it has maintenance responsibility. Traffic counts from 1999 indicate that 15,700 vehicles use this crossing daily. This is a worthwhile project and it is appropriate that the city should contribute a portion of the cost. Staff recommends that city participation not to exceed $5,000.00 be authorized from line item 363.631.722.013 for improvement of the Railroad Crossing on Highway 99E. WILLAMETTE VALLEY RAILWAY COMPANY RECEIVED MAR i 5 2001 March 10, 2001 PUBLIC WORKS {OF P.O. BOX 917 McMinnvill¢, OR 97128 (503) 474-1892 FAX (503) 474-9333 Mr. John Brown City Administrator City of Woodburn 270 Montgomery Street Woodburn, OR 97071 RE: OSH 99E Rail Crossing Dear Mr. Brown: Our company has been working with the Oregon Department of Transportation to rebuild the mil crossing of OSH 99E in Woodburn, next to Cleveland Street, this summer. The work would consist of replacing the mil and ties and putting in a concrete surface. This would provide a very nice driving surface. The total cost of this project would be about $27,500. ODOT Highway Division will provide the detour signing and paving to match up to the new concrete crossing. ODOT Rail Division is providing $6,795 of the funding. We are asking the City of Woodburn and Marion County to each contribute $5,000 towards this project. Without everyone helping, the project will be delayed at least two years. If you have any questions, feel free to contact me. Sincerely, David P. Root President MEMO To: For Council Action, through the City Administrator From: Randy Scott, C.E. Tech 11I, through the Public Works Director Subject: Right-of-Way Dedications, Settlemier Avenue Date: April 4, 2001 10G .RECOMMENDATION.'. It is being recommended that the City Council accept the Right-of-Way as described on Attachment "B" BACKGRO,UND: The right-of-way is being conveyed by Mrs. Tatiana Strebel in eonjun~'tion with the Parr Road/Settlemier Avenue Improvement. The additional 11 feet of right-of-way allow for the placement of the bikelane/sidewalk. The dedication is being reconveyed to the city by the property owner to correct a previous conveyance. Included as attachmem "A" is a map showing the location of the right-of-way. Included as attachment "B" is the properly signed Warranty Deed. · \ '5 ATTACH_MEN'I' "A" '~o.~,~ 24-OO ~o~o~o LOT x.o x~~500 ' '4g.51 A 6800 RIGHT OF WAY DEDICATION 6700 92050110 6600 92050120 5~ lOG, Scale: 1'=50' SMffE JOO - ,4. G.Q. WILSONVII. LE. OREGON 97070 ~o~. (ma) FAX: 682--.f0 I8 Tho c_rl~ of WOODBURN 96.803.553 IOH City of Woodburn Police Department 270 Montgomery Street Staff Report Woodburn, Oregon 97071 (503) 982-2352 Date: From: To: Apdl 3, 2001 Paul Null, Chief of Polic Mayor and City Council Through: John Brown, City Administrator Subject: Sound Amplification Permit - Salvador Larios Use of Public Parking Lot at First and Garfield Recommendation: The city council approve closure of War-zynski Plaza and approve a sound amplification permit for a public Mother's Day Celebration on Sunday, May 13, 2001 from 12:00 p.m. to 8:00 p.m. Ordinance 1900, 3, (5) The use or operation of an automatic or electric piano, phonograph, loudspeaker or sound-amplifying device so loudly as to disturb persons in the vicinity thereof or in such manner as renders the same a public nuisance; provided however, that upon application to the Council permits may be granted to responsible persons or organizations to broadcast programs of music; news speeches or general entertainment. The police department received a request for a sound amplification permit from Salvador Larios of Salvador's Bakery III, 320 N. Pacific Highway. The permit request is for Sunday, May 13, 2001, from 12:00 p.m. to 8:00 p.m. The permit is to allow for a Mothers Day Celebration in which a live band will be performing. In years past, Mr. Larios has held this event outdoors in the parking lot of his establishment at Salvador's Bakery III, 320 N. Pacific Highway. Last year the police department received complaints of excessive noise, litter in neighboring residence, traffic and parking complaints from local businesses. On March 20, 2001, I had a conversation with Mr. Larios regarding the problems his event caused at this location. I suggested to Mr. Larios that he hold this years event at Warzynski Plaza. Mr. Larios agreed to relocate the event to the downtown location. ]OH , Attached is a letter received from Mr. Larios outlining actions he will take to mitigate anticipated problems arising out of the Mother's Day Celebration. In addition, Mr. Larios has agreed to bring in four (4) portable toilets to accommodate the attending public. Mr. Larios anticipates a large crowd and has requested the Woodburn Police Department provide four (4) police officers for security, at his expense, which I have agreed. The current labor agreement with the Police Association accommodates such an arrangement and the City's Master Fee Schedule established costs for this type of police service. ' · 10H Chief Paul Null Woodbum Police Department 270 Montgomery Street Woodburn, OR 97071 March 26, 2001 Dear Chief Null: I am writing to request permission for a permit to have a Mother's Day Celebration again this year. The Celebration is planned for the Warz3mski Plaza in Downtown Woodburn on Sunday, May 13, 2001. I request that I be allowed to hold the celebration between the hours of 12:00 noon and 8:00 p.m. I plan to have live bands and amplified music. It is my intent to serve free cake and to hold a drawing for some prizes in honor of all mothers who attend. In support of this request, I offer the following assurances: I will abide by the hours set for the Celebration; the music and sound system will be turned off by the time set in the permit. I will not purposely create excessive volume; however, it must be understood that live bands in the outdoors do produce sound that is not contained and does carry on the airwaves. In addition, I will provide staff to control traffic, direct parking and to do all that is possible to prevent those attending from spilling over into the street. 4. I will, as I have in the past, make certain that any litter or trash is completely cleaned from the area immediately following the Celebration. I consider the Celebration as my way of doing something nice for all mothers on their special day, and I believe it is a community service. Thank you for your consideration of my request for a sound permit as contained herein. Yours tru.~<l,~~ SALVADOR LARIOS MEMO To: For Council Action, through the City Administrator~ From: Subject: Date: Randy Scott, C.E. Tech III, through the Public Works Director~'' Contract award for Nazarene Park Addition Resurfacing Improvements April 19, 2001 RECOMMENDATION: It is being recommended the City Council award the construction contract to the lowest responsible bidder, Salem Road and Driveway for the Nazarene Park Addition Resurfacing Improvements in the amount of $189,155.55. BACKGROUND: The contract is in conjunction with Project No. 200051 =03, Bid No. 21-09, for resurfacing various streets in the Nazarene Park Subdivision, specifically, Myrtle Street, Sycamore Street, Palm Avenue, Olive Avenue, Cedar Avenue, Acacia Avenue, a portion of W'tllow Avenue. Surface repairs will also be made on a portion of Woodland Avenue. 101 The project will be funded using approved resurfacing/maintenance budgeted funds. Staff received a total of five qualified bids as listed below 1. Salem Road and Driveway $189,155.55 2. Morse Bros. $193,235.20 3. D & D Paving $197,655.30 4. North Santaim Paving $201,629.85 5. Roy L. Houck Const. $219,871.90 Engineers Estimate $217,375.85 The low bidder is 13% below the engineers estimate, therefor staffis recommending the contract be awarded. Attachment "A" is a Project Location Map lOI TACJ F,N CITY OF WOODBURN PUBLIC WORKS DEPARTMENT RESURFACING IMPROVEMENTS PROJECT NO. 200051-03 BID NO. 21-09 HIGHWAY 214 SITE PLAN , - llA Nauta, Miller, Sauvain, Lindstrom Annexation Being located in Section 7, Township 5 South, Range I West of the WiBamette Meridian, Marion County, Oregon. Beginning at a point on the centefline of Boones Ferry Road, also being the Southwest comer of that tract of land conveyed to Donald E Lindstrom by Deed recorded on Reel 1182, Page 37, Marion County Deed Records; Thence South 76° 33' East 224.0 feet to the Southeast comer of said tract and a point on the West line of MILLER FARM SUBDIVISION, a duly recorded plat of Marion County, Oregon; Thence along the West line of said subdivision, North 13 o 24' 56" East, 308.20 feet to a point; Thence South 87° 24'48" East, 12.14 feet to a point; Thence North 12° 57' 48" East, 282.48 Feet to a point on the Northwest comer of Lot 53 of said subdivision; Thence North 76° 31' 30" West, 220.60 feet along the Northerly line of that tract of land conveyed to Louis P. and Rhonda L. Nauta by deed recorded on Reel 465 Page 213 of the Marion County Deed Records, to the center line of Boones Ferry Road; Thence South 15° 45'05" West along said centerline to the Southwest comer of that tract of land conveyed to Donald E. Lindstrom, the point of begi~qning. Containing a total of 3. l acres of land 81 UBJF:CT SITE--' D~ONY7 ~ 0 FIGURE 9 11A Laurel Avenue Annexation (WYNN'S ADDITION) Being located in Section 17, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon. Beginning at the Southwest comer of Lot 9, Block 2 of WYNN'S ADDITION, a duly recorded subdivision of Marion County, Oregon; Thence North 87° 00' East along the South line of said subdivision 1,102.41 feet to the Southeast corner of lot 14; Thence North 03° 00' 00" West, 310.00 feet to the North right of way line of Laurel Avenue; Thence North 87° 00' East, 186.39 feet along said right of way to the Southeast comer of lot 15, block 1, WYNN'S ADDITION; Thence North 03 ° 00' 00" West, 239.20 feet to the Northeast comer of lot 15, YNN'S ADDITION; Thence North 89° 06' 00" West, 684.77 feet to the Northwest comer of that tract land conveyed to Peter and Irene Yakis, Reel 904, Page 156, Deed Records of Marion County, Oregon; Thence South 02° 47' 47" East, 139.97 feet more or less to the Northeast comer of lot 10, WYNN'S ADDITION; Thence along the North line of said lot 10, 128.22 feet to the Northeast corner thereof; Thence South 32° 22' 53" West, 4.05 feet; Thence North 57° 40' 05" West, 162.92 feet to a point on the Easterly line of U.S. Highway 99E; Thence Southwesterly along said Easterly line to the point of beginning. Containing a total of 11.68 acres of land llA Brown Street Annexation Located in Section 18, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon. All that property currently outside of the city boundmy lying between Brown Street a dedicated public right-of-way, The North boundary of Meadwood Subdivision a duly recorded Submission, The West Boundary of thc Meadowpark Subdivision a duly recorded Subdivision and Warren Way a dedicated public fight-of-way. Containing a total 2.9 acres of land more or less Exhibit "B" ' 11A MEMO To: From: Subject: Date: Naomi Zwerdling, Senior Planner Randy Scott, C.E. Tech III Annexation of various properties April 18, 2001 Public Works comments regarding annexation of various enclaves. The annexed properties under consideration would be entitled to connect to city infrastructure ( water and sewer lines, etc.) having adequate capacity to serve the properties. However, if the service main does not have enough capacity or there is no city main line available in the vicinity, then it must be constructed and financed by the benefiting property owners. In addition, all fees must be paid prior to receiving the service. Where improvements such as milky extensions and/or upgrading streets to city standards benefit an specific area, construction of these facilities can be allowed through a Local Improvement District (LID) process. The LID process allows a property owner to share the cost of the improvement with all the benefiting property owners. The properties are encouraged to connect to city sewer service within a one year period. Properties will not be forced to connect to city system unless they have a failing on-site system. Connection to sanitary sewer system is regulated by Ordinance No. 2174 which states the following; All sewer structures located within 300 feet of an adequate city sewer main, and experiencing septic system failure, must connect to the city system. NO NEW subsurface wastewater treatment and disposal (septic tank systems) shall be allowed within the city limits. Structures that are connected to city water and located within 100 feet ora city sewer main for a period of one year but not connected to the sewer, will be charged at the minimum usage per unit as outlined under Section 5(E)l. As identified in section 5 (E)I, the current rate for meter residential account is $20.20 for the first 500 cu. ff. and an additional $3.59 for each additional 100 cu. ff. A non-metered residential account monthly rate would be $27.38/month All structures currently not connected to city service will be required to pay water and sanitary sewer system development charges in place at the time of connection. The city has no payment plan, however in emergency, health related issues, the city will work with the property owner. The current sanitary sewer and domestic water charges are outlined in city resolutions and ordinances which are available for review during normal office hours. On connection of the sewer structure to the CRy of Woodburn sanitary sewer system, the existing septic system shall be abandoned in accordance with state regulations. On connection of the water structure to the City of Woodburn water system, staff recommends that the existing on site well be abandoned in accordance with state regulations. The city currently has a subsidy program to encourage such abandonment. The water service shall be upgraded with a proper backflow device to protect the city system if the water well is not abandoned . IIA CITY OF WOODBURN Community Development 270 Montgomery Street Date: To: From: Subject: MEMORANDUM Woodburn, Oregon 97071 (503) 982-5246 April 23, 2001 Honorable Mayor and City Council thru City Administrator Jim Mulder, Director of Community Development City Initiated Annexations RECOMMENDATION: It is recommended that the City Council hear public testimony on the annexations and then continue the public hearing until May 14, 2001 so that the legal descriptions of the annexed properties can be approved by the Oregon Department of Revenue. BACKGROUND: The City Council passed a resolution calling for a public hearing on April 23, 2001 on the annexation of all lands surrounded by the City at the March 12, 2001 City Council Meeting. DISCUSSION: Oregon State Law provides for the compulsory annexation of territory surrounded by a city. Such territory may be annexed by the passage of an ordinance without any vote in sf~ch territory or consent by the owners of land therein and without an election within the city pursuant to Oregon Revised Statute (ORS) 222.750, the "island" annexation statute. The annexation of all the islands within the City would be a legislative action. The annexation of the islands is being processed without comprehensive plan and zone changes, to prevent the annexations from being a quasi-judicial decision. A quasi- judicial annexation would be subject to the comprehensive plan and zone change criteria in the Woodburn Zoning Ordinance and the appeal process at the Land Use Board of Appeals and the Court of Appeals. It is possible to annex the islands without changing the zone designation. City staff will administer the Marion County zoning provisions until zone changes are processed for the subject properties. A comprehensive plan and zone change for each of the islands can be initiated at a later date by the request of the property owners or initiation by the City. There is an opportunity to change the comprehensive plan and zone designations for the islands by the City in conjunction with the periodic review process in the next fiscal year. llA The islands of land that are proposed to be annexed are shown on the maps labeled as Exhibit "A" and listed below as follows: FIGURE I - FIGURE 2 - FIGURE 3 - FIGURE 4 - FIGURE 5 - FIGURE 6 - FIGURE 7 - FIGURE 8 - FIGURE 9 - FIGURE 10- .9 acre annexation on Stacy Allison Way and West Hayes Street 19.5 acre annexation on State Highway 214 and Commerce Way 1.1 acre annexation on Parr Road .6 acre annexation on Boones Ferry Road and Country Club Road 4.9 acre annexation on Country Club Road and Boones Ferry Road 1.9 acre annexation on Boones Ferry Road .5 acre annexation on Boones Ferry Road 3.1 acre annexation on Boones Ferry Road 11.68 acre annexation on State Highway 99E and Laurel Avenue 2.9 acre annexation on Brown Street The Finance Department analyzed the fiscal implications of the proposed annexations. Finance staff commented that the value of the property to be annexed is $3,186,371. Applying the City's permanent tax rate of $6.0534 per thousand dollars of value, indicates that the City's property taxes collections will increase $20,819. The annexations are estimated to add 100 people to the City. Assuming 1.5 police personnel per thousand population, this equates to a dernand for 0.15 more police staff at a cost of $13,013. Reducing the population served by the Library that is outside the City limits by 100 people will reduce the CCRLS subsidy to the Library by about $500. Realistically the annexations will make no difference in the Parks usage. Based on population, the demand for Planning services will increase $2,663. The total marginal costs of the annexations will be $16,176 ($13,013+$500+ $2,663). The net impact of the annexation will be an increase in revenue of $4,643. The Public Works Department provided comments discussing the sewer and water 'issues involved with annexations of the various enclaves. These comments are attached as Exhibit "B." ATTACHMENT Exhibit "A" - Legal Descriptions and Maps of the Annexation Islands Exhibit "B" -- Public Works Department Comments ~ o 0 0 kl.'ll '1 I F , II,A FIGURE 11A Wal-Mart Annexation Being located in Section 12, Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon. Beginning at a point on the South fight-of-way line of West Hayes Street which bears North 89° 19' 20" West 50.00 feet and North 88° 52' 10' West 869.95 feet from the Northwest comer of Lot 1, Block 69, WOODBURN SENIOR ESTATES NO. 7, as recorded in Volume 22, Page 42, Book of Town Plats for Marion County, Oregon; Thence South 01° 07' 50" West 27.96 feet; Thence North 88° 52' 10" West 1,349.41 feet to a point on the Westerly right-of-way line of Stacy Allison Way; Thence North 35 o 55' 17" East, along said line 34.05 feet to a point; Thence South 88° 52' 10" East 1,329.76 feet to the point of beginning, being the beginning point of the description of the WAL-MART tract as described in Warranty Deed recorded on Reel 1684, Page 753, Deed Records of Marion County, Orego~ Containing 0.9 acres of land llA -- - SUBJECT SITE 4500 S100 FIGURE 2 llA Van Valkenburg-Simeonov-Burlingham Annexation Located in Section 7 and 8, in Township 5 South, Range I West of the Willamette Meridian, Marion County, Oregon. Beginning at the Southwest comer of that tract of land deeded to the Burlingham Partnership by deed recorded on Reel 1268, Page 226 deed records of Marion County, Oregon; Thence Southeasterly along the Southwesterly line of said tract to the Southeast comer of said tract; Thence Northerly along the Easterly line of said tract, also being the East line of OCOBOCK'S ADDITION, a duly recorded subdivision of Marion County, Oregon, to the South line of lot 8, Block 3, of the WALILALE HOME TRACTS, a duly recorded subdivision of Marion County, Oregon; Thence along the South line of said lot 8 to the East line of said subdivision; Thence North along said East line to the intersection of the South right-of-way line of Oregon State Highway 214 - Mount Hood Avenue; Thence West along said South tight-of-way line to the intersection of the Northwesterly line of lot 4, block 3, of said WALK,ALE HOME TRACTS; Thence Southwesterly along said Northwesterly line to the most Westerly comer of said lot 4 and on the Northerly line of lot 7 of aforementioned OCOBOCK'S ADDmON; Thence West along said Northerly line to the Northwest comer of OCOBOCK'S ADDITION; Thence Southwesterly along the Northwesterly line of OCOBOCK'S ADDITION to the point of beginning. Containing a total of 19.5 acres of land 1815E 1146.26 629.00 llA o o ~00 0 0 SUBJECT SITE ~0.00 , , llA Monnier Annexation, 328 Parr Road Being located in Section 13, Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon. Beginning at a point in the center line of County Road No. 517 ( Parr Road) said point being 540.00 feet North 00° 15' East and 1297.85 feet South 89° 41'30' East and 2599.55 feet South 89° 39' East from the most Northerly Northwest comer of the Peter Raymond Donation Land Claim No. 88, in Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon, said point of beginning being also the Northwest corner of that certain tract of land conveyed to E. Urbane Widmer and Beulah Widmer by deed recorded in Volume 498, Page 585, Marion County Deed Records; and nmning thence North 89° 39' West along the center of said County Road 6.31 feet; Thence South 00° 43'30' West 412.01 feet; Thence South 87° 53'40' East 114.06 feet; Thence North 00° 21' East 15.50 feet to the Southeast comer of said Widmer tract; Thence North 00°21' East along the East line of said Widmer tract 400 feet to the Northeast comer of said Widmer tract, and the center line of said County Road; Thence North 89° 39' West along the North line of said Widmer tract in the center of said County Road 105 feet to the point of beginmg. Containing a total of 1.1 acres of land 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 o o 0 o o o o 0 o o 0 0 o o 0 0 0 0 CONCORD ST 0 o C~ t~/./- cn JAMESTOWN ST (*) 01.43 M.O0 (:3 (:3 FIGURE 4 I llA Gorman Annexation, 2523 Boones Ferry Road Being located in Section 7 Township, 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon. Beginning at the Southeast comer of Lot 9, Elmendorf Acres in Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, said Southeast comer being the intersection of the West Line of Boones Ferry Road with the NoCth line of Country Club Road; Thence North 87° 12' West 180.00 feet along he North line of Countxy Club Road to an iron pipe; Thence North 09° 42' East 149.67 feet to an iron pipe; Thence South 85° 17' East 195.84 feet to an iron pipe on the West line of said Boones Ferry Road; Thence South 16° 09' West 146.00 feet along said West line to the point of beginning. Containing a total of 0.6 acres of land 0 0 FIGURE 5 , . llA Country Club Road Annexation Being located in Section 7, Township 5 South, Range I West of the Willamette Meridian, Marion County, Oregoxt Beginning at the intersection point Boones Ferly Road and Country Club Road in Marion County, Oregon; Thence North 87° 43' IY' West along the centerline of Country Club Road 1,1 I0 feet more or less to a point; Thence South 02° 16' 45" West, 30.00 feet to a point on the South right-of-way line of said Country Club Road and the Northwest comer of that tract of land conveyed to Richard J. Vachter by deed recorded on Reel 562 Page 262, Deed Records of Marion County, Oregon; Thence South 87° 43' 15" East along said South right-of-way 151.00 feet to the Northwest comer of that tract of land conveyed to the City of Woodbum by deed recorded on Reel 148, Page 171 Deed Records of Marion County, Oregon; Thence Southerly 125.00 feet along the West line of said tract to the Southwest comer of said tract; Thence Westerly along the soutldine of said Iract and parallel to the South line of Cotml~y Club Road 200 feet to the Southeast comer of said tract, also being a point on the West line of that tract of land conveyed to the Church of Jesus Christ Latter Day Saints Corporation by deed recorded on Reel 205, Page 1954, Deed Records of Marion County, Oregon; Thence Southerly 259.53 feet to the Southwest comer of said Church tract; Thence Easterly along the South line of said tract 262.43 feet to the most Southerly Southeast comer of said Church tract; Thence Northerly 120.00 feet along the East line of said Church tract to a comer;, Thence South 87° 22' 47" East 22 feet more or less to the Northerly Southeast comer of said Iract; Thence North 02° 15' 05" East 266.74 feet to the Northeast comer of said Church tract, also being a point on the South line of Country Club Road; Thence along said South line South 87° 44' 55" East, 213.92 feet to the Northwest comer of that tract of land conveyed to Pacific Northwest Bell Telephone Company by deed recorded in Vol. 640, Page 17, Deed Records o f Marion County, Oregon; Thence South 16° 09' 00" West, 173.82 feet to the Southwest comer of said tract; Thence East along the South line of said tract and extension there of, 225 feet more or less to the centerline of Boones Ferry Road; Thence Northerly along said centerline 210 feet more or less to the point of beginning. Containing a total of 4.9 acres of land I I SUBJECT SITE o 0 0 o o 5 1W 07AC . FIGURE 6 llA Comwell Annexation, 1060 Boones Ferry Road Being located m Section 7, Township 5 South Range 1 West of the Willamette Meridian, Marion County, Oregon. Beginning at the Southwest comer of that tract of land conveyed to THE CORNWELL FAMILY LIMITED PARTNERSHIP by deed recorded on Reel 1720, Page 601, Deed Records of Marion County, Oregon, said point being at the centefline of Boone's Ferry Road; Thence Southeasterly 339 feet more or less to the Southeast comer of said tract; Thence North 21 o 45'41 "East, 265.51 feet to the Northeast comer of said tract; Thence Westerly along the north line of said tract 383.62 feet to a point on the centefline of Boone's Feny Road and the Northwest comer of said tract; Thence South 13o27, 00" West along said centefline 183.7 feet more or less to the point of begiuning. Containing a total of 1.9 acres of land (:3 .~.: ....... INDEPENDENCE ~ ·'COURT' 8 I / xX / _ / ; 2.0O -~'SUBJECT SITE I 400 1 ~NDi CLM .' - / ; / / / / / / ".'-~ u~ MAP 05 '~W 08DC 34OO 3700 1 35OO 2 3600 2300 L FIGURE 7 1 .llA ,.' 400 0.23 38OO TRACT K 2700 19.22AC 103 03 llA Baglien Annexation, 2580 Boones Ferny Road Being located in Section 7, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon. Beginning at the Southwest comer of that certain property conveyed to A. G. Glatt by deed recorded in Volume 178, Page 243 of the Marion County Deed Records which point is North 89° 38' West, 38.81 chains and South 21° 04' West 12.385 chains from the Northeast comer of Section 7, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, said beginning point is also in the center of the Boones Ferxy Road; Thence North 21 ° 04' East 170.67 feet along the centerline of said Boones Ferry Road; Thence South 66° 30'30" East 139.34 feet to an iron pipe; Thence South 20° 42'30" West 117.64 feet to an iron pipe set in the South line of said A.G. Glatt property; Thence North 87° 33' West 147.70 feet along said South line to the point of beginnin__g. Containing a total of 0.5 acres of land 1000 103 O0 03 0 1100 900 a48.$ 100 130~ IBJECT SITE f '~llA 2800 2700 600 500 MILLER CT. ,~.~ O G900 - 14A CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodbum, Oregon 97071 (503) 982-5246 Date: To: From: Subject: April 23, 2001 Honorable Mayor and City Council thru City Administrat(fl~''~ Jim Mulder, Director of Community Development/~ Planning Commission's Action on Site Plan Review 00-12, Variance 01-04, and Partition 01-01 At their meeting of April 12, 2001, the Planning Commission adopted a final order approving a shopping center and associated sign variances for property located at the southeast corner of Highway 99E and Highway 211. This decision is final unless the City Council calls this decision up for review. Applicant and Property Owner: Pacific Realty Associates, L.P. cio Andrew Jones 15350 SW Sequoia Parkway, Suite 300 Portland, OR 97224 NATURE OF APPLICATION: The applicant requests approval to construct a retail · shopping center on a 10.36 acre site located at the southeast corner of the intersection of Highway 99E and Highway 211. The site plan includes a 57,860 square foot grocery store, 12,000 square foot retail building, 4,000 square foot bank, 2,120 square foot drive-thru restaurant, and a service station. In conjunction with the site plan review application the applicant requests approval of three variances all of which pertain to proposed signage on the site. Also, the applicant requests approval of a partition application to allow three existing lots to be consolidated into one parcel. RELEVANT FACTS: The applicant proposes to construct a retail shopping center on a. 9.89 acre net site area (10.36 gross acres). The applicant proposes to dedicate 0.47 acres to the Oregon Department of Transportation (ODOT) for additional highway right of way. The shopping center is proposed to include a 57,860 square foot Safeway grocery store with an associated 16-pump service station; a 12,000 square foot multiple tenant retail building; a 2,120 square foot drive-thru restaurant; and a 4,000 square foot bank. The applicant requests three variances from the Woodburn Sign Ordinance to accommodate proposed signage in the shopping center. In addition, the applicant proposes to consolidate the existing three lots into one parcel. SPR 00-12, VAR 01-04, PAR 01-01 ~14A, The subject site is an irregularly shaped parcel consisting of 10.36 gross acres located at the southeast corner of the intersection of Highway 99E and Highway 211. The property is identified specifically on Marion County Tax Assessor's Maps as T5S, R1W, Section 8DB, Tax Lots 100 and 200, and Section 8DA Tax Lot 500. The subject property is zoned Commercial General (CG) and Commercial Retail (CR) and has a Comprehensive Plan designation of Commercial. Property across Highway 211 to the north is developed with commercial uses and a single-family dwelling and zoned CG. Property across Highway 99E to the west is developed with commercial uses and is zoned CR. Adjoining property to the south is developed with a church and is zoned CR. Adjoining property to the east is undeveloped and zoned Commercial Office (CO). A wetland area located in the center of the site stretched from the north to the south boundary of the site. This wetland has been identified on the City of Woodburn Wetlands Inventory as a non-significant wetland, which means it may be filled. However, it is a jurisdictional wetland which is subject to regulations of the Oregon Division of State Lands (DSL) and the U.S. Army Corps of Engineers (ACE). In lieu of filling the entire wetland, the applicant has obtained a wetland mitigation permit from these agencies to fill some portions of the wetland and to enhance and expand other portions. The applicant has included the wetland mitigation plan with this application. The subject site is relatively level and has recently been rough graded except for the wetland area on the southerly portion of the site (rough grading is permitted by City code without permit). A drive-in theatre occupied the site until it was recently demolished (demolition approved by the City) during rough grading. Vegetation on the site previously consisted of various grasses and weeds and many trees, located mainly 'around the wetland on the southerly portion of the site. There were numerous insignificant existing trees removed as a result of this grading, although existing vegetation around the wetland area on the southerly portion of the site has been preserved. 2 15A April 23, 2001 TO: FROlvi: SUBJECT: Honorable Mayor and City Council i,(~c~ John C. Brown, City Administrator Boones Ferry Rd./Highway 214 Intersection Improvement Project Recommendation: it is recommended the City Council receive this report and acknowledge the delay of this project until FY 2002-03. Background: You received a report from the Public Works Director at your March 9, 2001 meeting, regarding improvement of Boones Ferry Road and the intersection of Highway 214 and Boones Ferry/Settlemier Avenue. This project includes the reconfiguration and signalization of the intersection and widening a portion of Settlemier from Harrison to Highway 214; widening Boones Ferry adjacent to French Prairie School to four lanes, widening and resurfacing Boones Ferry from Goose Creek to City limits, and installing sidewalks curbs, and gutters along the length of the project. Council has shown interest in completing this project at the earliest opportunity. The project has been scheduled for delivery in 2001-02. Several issues were raised during the report: the uncertainty of ODOT's approval of intersection improvements and participation in improvement costs; the status of an LID needed to fund much of the improvement cost; and the status of un- -annexed properties in the area of benefit. Financing Boones Ferry improvements to properties that front Boones Ferry inside City limits east side of the road, and outside the UGB on the west side, is also in question. Following the report, you requested the Public Works Director to return with options for completing the project in segments, to begin in 2001-02, as a means of addressing these various issues. Discussion: Fve discussed this matter with the Public Works Director at great length, and am submitting this report instead of the one requested on March 14*' After reviewing the issues it appears that, rather than attempting to complete this project in multi-year segments, the most appropriate course of action is to delay the majority of work on the project until 2002-03. This is recommended for the following reasons: Intersection improvements are not approved by ODOT, nor has ODOT accepted a share of the cost of Improvements. Three options for intersection improvement are being considered. These are summarized in the Public Works Director's report of April 4, 2001 (attached). Construction of this segment of the project .15A Honorable Mayor and City Council April 23, 2001 Page 2. cannot proceed until agreement on a design has been reached. Staff recommends the City's share of the cost of this segment should be supported on a citywide basis, rather than with an LID, as the improvement will benefit the city as a whole. City funds including TIF's, and ISTEA monies will be used. Since the intersection is on the State highway and also benefits non-resident drivers, it is appropriate that ODOT contribute to the cost of this segment. Construction of this segment should not proceed until that agreement is reached. The Intersection Improvement is Integral to the widening of that portion of Boones Ferry that connects to Highway 214 and runs northerly to Goose Creek. This segment must be completed in conjunction with the intersection improvement because the widened roadway requires reconfiguration of the intersection. With respect to financing this segment, either an LID or property owner contributions are recommended, in addition to city funds. Contact with the owners of the majority of property adjoining this segment of the project suggests that they may be agreeable to voluntary contributions. This option has not been fully explored with all property owners, but would eliminate much of the time and cost associated with forming an LID. if voluntary agreements cannot be reached with all adioining properties, an LID would need to be formed. City initiated annexation of benefited properties in the proposed LID area is not complete. At least half the cost of widening this segment of the project is to be funded with an LID. Benefited properties are those immediately adjacent to Boones Ferry Road, and in the neighborhoods to the east and west of the road. Ten (1 O) properties in the area of benefit are surrounded by, but have nOt annexed to, the City. As benefited properties, these islands should be included in an LID. That cannot occur until they are annexed. A City-initiated annexation is underway, and should be completed in May or ]une of 2001. An LID to fund a portion of the widening of Boones Ferry to City limits is not formed. Steps to form the LID needed to fully fund the widening project have not been initiated. Once all benefited properties in the proposed LID area are within city jurisdiction, the formation process can go forward. It is estimated that the formation process wi[[ require nine months to conclude. As uncertainty exists regarding the outcome of that process, no work should be initiated until this funding source is secured. 15A Honorable Mayor and City Council April 23, 2001 Page 3. Discussions with Harion County regarding extending the LID to properties outside city limits have not been Initiated. Property adjacent to the west side of the segment from Vanderback Road to City limits is not within City limits. As such, the City has no jurisdiction to assess that property as part of an LID. An agreement must be reached with Marion County to extend assessment to that property. Discussions with the County can be conducted concurrent with the LID formation process, but the conclusion of those discussion and agreement with the county rely on the successful formation of the LID in the City. Until agreement with the County, no work on this segment should occur. It is expected that a year will be required to resolve all the forgoing issues. Until these are resolved, the majority of construction work on the project cannot, and should not, go forward. It is understood that the Council desires these improvements to be completed as soon as possible. Accordingly, while the forgoing issues are being resolved, city staff will proceed with the design and engineering work necessary ~o deliver the project, the right-of-way acquisitions that will be necessary, and the undergrounding of city-owned and franchised utilities in the project area. These items are budgeted in the 2001-02 CIP, and can be completed in the coming fiscal year. ]CB 15A MEMO TO: FROM: DATE: SUBJECT: City Council through City Administrator Public Works D~recto ~ ~ April 4, 2001 Boones Ferry Road/Hwy 214 Intersection Improvement Evaluation Report RECOMMENDATION: Council allow staff to proceed with some underground utility work in the summer of 2001 while major Boones Ferry surface improvements along with intersection improvements be scheduled for the summer of 2002. BACKGROUND: Staff has received city council input during the presentation of the Boones Ferry Road project in the last council meeting. A framework for the improvement project has evolved and it appears that it would be beneficial to not rush the project and to fully explore the Oregon Department of Transportation's (ODOT's) support for the intersection improvement project. The improvement of Hwy 214/Settlemier intersection along with Boones Ferry surface improvements will certainly make the traffic flow much better. However, it was previously not made part of the Boones Ferry Road project because of the higher degree of involvement of ODOT in the decision making process and the additional funding that would be required to complete the project, City staff has discussed the funding issue with the representatives of ODOT, and it appears that ODOT does not have funds available to commit to this intersection improvement project at this tirn'e. However, ODOT will try to make some funds accessible in the future if funds become available. The traffic signal modification funds seem to be available for the year 2004; however, safety improvement related funds are likely to be available earlier. The three options discussed in the council meeting that needed further evaluation by the staff are as follows: FULL INTERSECTION IMPROVEMENT-- This intersection signal and pavement modification that will serve the city for the next 15 - 16 years with little or no modification is likely to cost approximately $340,000. The expense of electrical undergrounding is not included in the cost indicated above at this time. (See attached Option "1" plan) PARTIAL IMPROVEMENT~~ The new traffic signal be installed that meets current ODOT standards having the posts with mast arms. The replacement posts would be installed at a site that would not require relocation when final pavement modifications are made. Only a minimum of required pavement modifications would be made at this time. The estimated cost of this improvement is $160,000. Additional pavement modification, especially on Settlemier Street south side of intersection, would need to be done within the next two or three years. The cost of pavement modification and channelization is estimated at approximately $200,000. The expense of electrical undergrounding is not included in this estimate at this time. (See attached Option "2" plan) -1- 1SA NO SIGNAL IMPROVEMENT-,',, ODOT has not agreed with this option as yet and may require that existing signal posts be replaced by similar but higher strength posts that could support longer span wires at an estimated cost of $40,000. In addition, some minor pavement modification may be required. No doubt this will be a temporary fix and signal modification engineering work will need to be started soon after the Boones Ferry project is constructed. Although ODOT has the responsibility of the signal system, the city will have to take the lead if the project is to be constructed. This option is the least attractive from a city-wide benefit consideration, although it can be accomplished in less time because of the limited scope of the project. (See attached Option "3" plan) Any traffic flow improvement made on Hwy 214 will benefit the city. If funding were available now, the intersection improvements that will serve the city for a longer period of time would be recommended. This would be the best approach, even if the project is delayed a year or so. Because funding sources are not completely clear, the best solution at this time appears that council allow some underground work be done this summer in preparation for major construction work for the summer of 2002. GST/Ig Attachments: Preliminary intersection improvement plans GST:\Boones Ferry Engrg Rpt Status CC -2- ?.53 . 0 0 15A March 26, 2001 15B John Brown City of Woodburn 270 Montgomery St Woodburn, Oregon 97071 Dear Mr. Brown, Enclosed is a copy of a letter being sent to our DirectLink cable television customers providing notice of a rate increase on our Basic and Expanded Basic services. The letter also informs our customers of new channels we will be adding as well as a slight rearrangement of some existing channels. These changes will become effective May 3, 2001. If you have any questions, please call me at 503-266-8262 a~ter April 2nd, as ! will be out of the office on vacation until that date. Sincerely, Sandra Coleman System Hanager Dieectl_ink of Oregon 503 263 8080 Fax 503 266 8207 PO Box 850 190 SE Second Ave Canby, Oregon 97013 E-mail sales~;web-ster, com http://www, web-ster, com/Directlink DlrectLInk CABLE TELEVISION 15B Dear DirectLink Customer, You are a valued customer and there are some exciting changes being made to your DirectLink services. Effective May 1, 2001 some of our prices and channels will be changing and we want you to know why. A primary reason for the upcoming price adjustment is to meet rising network fees, costs, and other operating expenses. You may have seen the featured CBS News item in February, 2001 saying that cable networks have increased programming fees charged to all cable companies as a central cause for rate adjustments to customers. Even with increased network fees of approximately 13% each year, DirectLink has rejected raising rates to our customers for nearly 2 years. Specifically, the price changes to be effective May 1, 2001 are as follows: · Monthly rate for Basic service will increase by $1.00, from $15.25 to $16.25. · Monthly rate for Expanded Basic service will increase by 75 cents, from $12.00 to $12.75. We will strive to continue to keep our rates as low as possible. No other services will be affected by these adjustments. There's exciting news in your new channel line-up! · new Telemundo on Expanded Basic - channel 50 Major signal quality improvement via satellite for this popular Spanish netWork. · new The Food Network in Plus 1 package - channel 53 Highly acclaimed companion to HGTV. Featuring everything from fantastic BBQ and wok presentations to sophisticated culinary delights, Martha's secrets, and great party treatments. · new ESPN 2 on Expanded Basic - channel 39 · CNBC moves to Basic cable - channel 98 · CNN moves to channel 41 · The Weather Channel moves to Basic cable - channel 20 In the areas of excellent local customer service, integrating new technology and equipment, enhancing technical expertise, and bringing you a strong channel line-up, we are working diligently to meet the expectations of our customers and appreciate your choice of DirectLink cable services. Sincerely, Sandy Coleman System Manager Provider of Webster Iflte~et Access DkedLiflk of Oregon. I~c. is I subsidiary of Cinby Telepho~ 503 982 408.~ Fax 503 982 480~ 635 Glatt Circk Woodburn, Oregon 97071 E-mail sales@web-ster, con http://www, web-ster, com/Direct Linl l""%ee -- i"- .® LJlrecl:Llnk CABLE TELEVISION 15B Estimados clientes de DirectLink, Usted es un valioso cliente y hay algunos cambios que se le han hecho a sus servicios de DirectLink. Empezando el primero de mayo del afio 2001 algunas de nuestras tarifas y canales ser~in cambiadas y queremos que usted sepa porqu6. La raz6n primordial por el ajuste de precio se debe a que necesitamos cubrir las tarifas de la red de televisi6n que han subido de precio, costos, y otros gastos de operaci6n. Puede que usted haya visto en las noticias CBS en febrero del afio 2001 que dicen que los cables de las redes de televisi6n han aumentado las tarifas de programaci6n a todas las compafiias de cable y esta es la causa central del ajuste de precio al cliente. Aunque el aumento de tarifas de la red de televisi6n, que es aproximadamente un 13% cada afio, DirectLink a preferido no aumentar las tarifas a nuestros clientes pot casi dos afios. Especialmente, los cambios de precios que serfin efectivos a partir del primero de mayo de 200'1 son los siguientes: · Tarifa mensual para el servicio B~isico aumentarfi a $1.00, de $15.25 a $16.25. · Tarifa mensual para el servicio Bfisico Extendido aumentarfi a 75 centavos, de $12.00 a $12.75. Trataremos de continuar manteniendo nuestras tarifas tan bajas como nos sea posible. Ningun otro servicio se verfi afectado por estos ajustes. Hay buenas noticias en su nuevo canal en Ifnea. · nuevo Telemundo en el Bfisico Extendido - canal 50 Mejoramiento de calidad incre~le en la serial via satellite para 6sta popular red de televisi6n en Espariol. · nuevo La Red de Comidas en el paquete Plus 1 - canal 53 El sumamente aclamado compariero de HGTV, Presentando todo, de asados fantfisticos y presentaciones con el wok, a delicias culinarias sofisticadas. Secretos de Martha y maravillosas recetas.para fiestas. · nuevo ESPN 2 en B~isico Extendido - canal 39 · CNBC se mueve al cable Bfisico - canal 98 · CNN se mueve al canal 41 · El canal Metereol6gico se mueve para el cable Bfisico - canal 20 En las fireas de excelente servicio al cliente local, integraci6n de nueva tecnologia y equipo, realzar el firea t6cnica, y tray6ndole a usted una lfnea de canals fuertes. Estamos trabajando meticulosamente para lograr alcanzar la clase de servicio que los clientes esperan y ie agradecemos su preferencia por los servicios de cable. Sinceramente, P~ovtder of Webster Intern~t Access DIrectUnk of (~egon, I0~. I~ · subsldbr/of Ci~by T·lephone Association 503 982 4085 Fax 503 982 4804 Sandy Coleman Gerente De Sistema 635 Glatt Circle Woodburn, Oregon 97071 E-mail sales@web-ster, com http://www.web-ster, com/DirectLink PROCLAMATION CINCO DE MAYO CELEBRATION DAY- MAY $, 2001 WHEREAS, May 5~ is a national holiday in Mexico, celebrating the defeat of the French Army by the Mexican troops under General Zaragoza against overwhelming odds; and WHEREAS, this victory laid the foundation for the restoration of Mexican sovereignty over its territory; and WHEREAS, this heroic act reasserted Mexico's right to self-determination and national independence; and WHEREAS, the victory reminds us of the unique social, economic, political and cultural contributions of Mexico to Oregon and to the Americas; and WHEREAS, the histories of Oregon and Mexico are intertwined with the first description of the Oregon coast by a Spanish explorer in 1602, with the discovery of the mouth of the Columbia River by a Spanish explorer in 1775, and other rightful contributions and WHEREAS, this occasion gives us the opportunity to celebrate the cultural and linguistic diversity that the Hispanic heritage brings to Oregon and the United States. NOW, THEREFORE, I, Richard Jennings, Mayor of the City of Woodburn, Oregon, hereby proclaim May 5, 2001 to be CINCO DE MAYO CELEBRATION DAY in Woodburn and encourage all citizens to join in this observance. IN WITNESS WHEREOF, I hereunto set my hand and cause the seal of the City of Woodburn to be aff'Lxed this 23rd day of April, 2001. Richard Jennings, Mayor City of Woodburn FOR IMMEDIATE RELEASE: Contact, Antonio Ramos (503) 981-2726 or Aramos~Woodburn.kl 2.or.us El Dia del Nifio E1 Dia del Nifio: America Celebrates Children Woodburn, Oregon--In 1996, the Title 1 Woodburn School District Parent Advisory Committee, teachers, parents, and the Woodburn community began to celebrate April 30 as D£a del Nitro~Day of the Child. Children's day is. celebrated in man.~, nations, including; Japan and Korea on May 5th, Canada on November 20~% Turkey on April 23fa, and Mexico and Latin America on April 30th'. Children's Day is celebrated by various international organizations such a UNICEF on April 30th and United Nations on November 20. On October 9, 1998, 18 states UT, TX, AZ, NM, MI, MO, IA, RI, MD, NV, WA, SD, CA, CT, LA, NJ, IL, and FL introduced and co-sponsored the resolution to recognize the day for children. The Senate of the United States unanimously passed the resolution proclaiming the 30th day of April as D[a de los Nihos: Celebrating Young Americans. Woodburn School District's PAC, in cooperation with the schools, public libraries, agencies, organizations, and Woodburn community are again planning activities for the 6th Annual Dla del Nifo~Day of the child. We extend you a cordial invitation to be part of this important event. The celebration will be held on April Saturday 28, 2001 at French Prairie Middle School 1025 N. Boones Ferry Rd. Woodburn, Oregon from 2:00 p.m. to 6:00 p.m. there will be games, raffle, gifts, music, refreshments, Mexican folkloric dances, pifiatas, clowns and more to celebrate how fortunate we are to be rich with children and rich in culture. Join us to become a part of this annual event. "This is not just another holiday," says Mrs. Pan'a, Woodbum Public Library Secretary, "Dia del Nifio" is a new way for parents, schools, and elected officials to value children and youth in our community" Our vision for this year "Dia del Nifio" celebration is to open the world of books to all children, provide a good time, and share information to parents about their children's role in our future. For more information, please contact Mrs. Lourdes Falc6n, PAC Chairperson or Antonio Ramos, Parent Involvement Specialist at (503) 981-2726. El Dia del Nifio E1 Dia del Nifio: Celebrando a los J6venes Estadounidenses Woodburn, Oregon--En 1996, E1 Comit6 de Padres Consejeros (PAC) de los titulos 1-A y C del Distrito Escolar de Woodburn, los maestros, los padres, y la comunidad de Woodbum inicio la celebraci6n del Dia del Nifio el 30 de abril como parte de un evento multicultural en las escuelas de Woodbum. ,.(~t~ E1 Dia del Nifio es celebrado en otras naciones, incluyendo Jap6n y Corea el 5 de mayo, Canadil el 20 de noviembre, Turquia el 23 de abril, y M6xico y Latino Am6rica el 30 de abril, al igual que otras organizaciones internacionales como la UNICEF el 30 de abril y Las Naciones Unidas el 20 de noviembre. E1 9 de octubre de 1998, 18 estados de los Estados Unidos; UT, TX, AZ, NM, MI, MO, IA, RI, MD, NV, WA, SD, CA, CT, LA, NJ, IL, y LF proclama y son co-pratrocinadores de la resoluci6n y celebraron el 30 de abril como el Dia del Nifio. E1 Senado de los Estados Unidos de Norte America unfinimemente paso la resoluci6n proclamando el 30 de abril como el Dia del Nifio: Celebrado a los Jdvenes Estadounidenses. E1 Comit~ de Padres Consejeros (PAC) del Distrito Escolar de Woodbum, en colaboraci6n con las escuelas, la Biblioteca pfiblica de Woodbum, agencias, organizaciones, y la comunidad de Woodbum estfin planeando nuevamente las actividades de la sexta Celebraci6n Anual del Dia del Niho. Nos enorgullecemos en invitarle a usted a ser parte de este importante evento. La Celebraci6n se llevaril acabo el silbado 28 de abril del 2001 en la escuela secundaria French Prairie ubicada en el 1025 N. Boones Ferry Rd. en Woodbum Oregon de 2:00 p.m. de 6:00 p.m. en el que habril concursos, rifas, regalos, mfisica, aperitivos, danza Folkl6rico Mexicana, pifiatas, payasos y mils. Todo esto es para celebrar lo afortunados que somos en tener a nuestros nifios y nuestra riqueza cultural. Sea parte de este evento anual. "Esta no es simplemente otra fiesta" dice la Sra. Parra, Secretaria de la biblioteca pfiblica de Woodbum, "el Dia del Nifio es una nueva forma en la que los pa&es, las escuelas, y los representantes electos podemos valorizar a los nifios y j6venes de nuestra comunidad." Nuestra meta este afio es abrirle un mundo de libros a todos los nifios, proveerles diversi6n, y compartir informaci6n con los padres sobre el importante papel de los nifios en nuestro futuro. Para mayor informaci6n, por favor hable con la Sra. Lourdes Falc6n, Presidenta del PAC o con Antonio Ramos, Especialista en la Participaci6n de padres al (503) 981-2726 WOODBURN SCHOOL DISTRICT DISTRITO ESCOLAR DE WOODBURN sixth Annual Day of the child celebration sexta celebractdn Anual del Dfa del Ntfio French Prairie Middle School Commons Comedor de la Escuela Secundaria French Prairie Saturday, April 28, 2001 Sfibado 28 de abril del 2001 From/de 2:00 p.m. - 6:00 p.m. Woodburn, Oregon Bring all your family/Traigan a toda su familia. See you there! iAllfi nos vemos! Sponsored by/Patrocinado por: WSD Title/Titulos 1-A & l-C, Agencies, Business, Groups, and Individual community members. DIVERSE IN CULTURE; UNIFIED IN MISSION Board Notes Woodburn School District 965 N. Boones Ferry Road Woodburn, OR 97071 Dr. Jack D. Reeves, Superintendent April 19, 2001 Student and staff recognition Nellie Muir Principal Jane Staehely introduced three students to the Board for recognition. They were Alysia Martinez, Tyler Meithof and Oksana Zemtsov. The three students were recognized for their outstanding leadership, citizenship and academic performance. All had received high scores on their OSATs last year and participated in many school programs (like choir, student council and basketball). Congratulations to Alysia, Tyler and Oksana. Reports Woodburn High School Senior Kelly Hyde updated the Board on some of the activities taking place at the high school. Recent activities included a diversity assembly commemorating Cesar Chavez. Hyde said that students have also been preparing for the upcoming May Day celebration, which will take place May 4 and 5. Senior Gisela Frigoso was chosen as an academic all-star by the Statesman Journal newspaper, enabling her to secure a notable scholarship from Willamette University. Finally, the track and boys golf teams are both competing well, while the softball and baseball teams are in a growth year. Woodburn High School Principal Laura Lanka reported that as a result of Karina Gonzalez's death last December, a group of students and community members decided to conduct a fundraiser to purchase a plaque, commemorating the girl and her mother. The group chose three methods to raise money. So far the group has sent a letter to businesses in the Woodburn Area Chamber of Commerce, soliciting donations. Students will then ask their audience members to donate a dollar each at the upcoming May Day celebration. And finally, the group will request donations at a public soccer tournament, planned for Memorial Day weekend. Oregon's First Lady Sharon Kitzhaber presented an overview of the STARS - Students Today Aren't Ready for Sex - program, urging the Board and school district to use the curriculum in conjunction with what's currently in place. The program pairs high school age mentors with fifth and sixth grade students, encouraging both to abstain from sex. Program curriculum teaches students how to make positive choices, while maintaining the relationships/friendships they find so very important. The presentation was meant to introduce the merits of the program to Board members. Public Forum Community member Jim Davidson asked the Board whether or not the district would be doing anything to improve its math and reading test scores, in light of "all the media attention" focused on the topic? Board Chairman Brett Meacham responded, indicating that improving all test scores was a focus found in every planning process in the district. He also explained to Davidson that the elementary grades had implemented Reading FIRST, the district's comprehensive literacy program, last fall. Additionally, it was mentioned ~hat the district purchased new vocabulary building books this year and that a team of staff members has begun looking at the math curriculum, in preparation for an update. Another community member requested that her middle- school-age son, who has artistic talent, have an opportunity to further his special skills with access to art classes. The Board assured the woman that her son would be linked to someone who can help improve his skills. Board Action Items · The Board unanimously appointed community member Tony Wurdinger to the budget committee. · A motion to approve the March 13, 2001 election results was approved, retaining Directors Richard Payne, Anthony Veliz and Brett Meacham on the BoaM. · A consolidated sub-grant application for funding from state and federal sources was approved by the Board. Last year, the same set of grants brought an additional $2.5 million into the district budget for use. · After a lengthy discussion, the Board tabled the approval process for a proposed 2001-02 calendar. The Board will make a decision on the calendar next Thursday, April 26, at 8 p.m. · Board members approved a request from the city of Woodburn Public Works Department for a 12.5- foot right-of-way acquisition and 1 O-foot utility easement along the west side of North Boones Ferry Road. The property will be used to widen the road. · A proposed memorial grove at Woodburn High School, for students who have lost their lives, was approved. · A proposal to name the Woodburn High School fields after community member and longtime school supporter Richard Brentano was also approved. · A proposal to approve a water polo coaching position and junior varsity cheer squad coaching position was reviewed and passed. For more information regarding this or other Board meetings, please call Irene Velichko at 981-2727 or Jeanine Hohn at 981-2810. Next Board meeting: 7:30 p.m. May 17, 2001, French Prairie Middle School Library. To contact the WSD Board of Directors, send an email message to wschoolboardgi)woodburn.kl2.or.tls.