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Agenda - 09/09/20020 AGENDA WOODB URN CITY COUNCIL September 9~ 2002 - 27O MontKomery Street ~ ~ ~Voodburn~ Oregon CALL TO ORI~ER AND FLAG SALUTE ROLL CALL ANNOUNCE~ Announcement A. Septem! ambulm Appointments: ENTS AND APPOINTMENTS ~er 23, 2002, 7:00 p.m. - Public Hearing on proposed race rate adjustments. None PRESENTATiONS/PROCLAMATIONS Presentations: A. Oregon Parks & Recreation Association. Proclamations~ B. Day for Remembrance - September 11, 2002 ........................ COMMITTEE REPORTS Chamber of Commerce. Woodburn Downtown Association. COMMUNICATIONS 4B BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of August 26, 2002 regular and executive meetings .............................................. 8A Recommended action: Approve the Woodburn City Council minutes. B. Community Center Planning Committee notes from the meetings of August 8 and 22, 2002 ........................................... 8B Recommended action: Accept the Community Center Planning Committee notes. Page 1 - Council A~genda of September 9, 2002. Building Activity Report for the month of August 2002 Recommended action: Receive the report. 8C D. Planning Project Tracking Sheet dated 9-5-02 ....................... 8D Recommended action: Receive the report. E. November 5, 2002 General Election - Filing of General Obligation Bond M~asure and L~st of Candidates .............................. 8E Recommended action: Receive the report. F. Mill Creek Pump Station Status Report ............................ 8F Recomn~ended action: Receive the status report. G. Heritag~ Park ADA Access Ramp Status Report ..................... 8G action: Recommended Receive the status report. H. Marion County Library District Feasibility Study .................... 8H Recommended action: Receive the report. TABLED BUS~NESS PUBLIC HEA~INGS . A. Franchise for ambulance service ~n the City of Woodburn ............ 10A RecomtOended action: Conduct public hearing, receive public input and dirqct staff to prepare and ordinance reflecting Council's decision. 11. GENERAL BUSINESS Acceptance of Utility Easement, 1550 N. Pacific Highway (Safeway Retail Center .................................... llA Recommended action: Accept the water line easement as described on Attachment "A" and the Utility Easement as described on Attachment "B". Be Acceptance of Utility Easement, 1510 N. Pacific Highway, (Jehovah's Witness) ...................................................... Recommended action: Accept the Utility Easement as described on Attachment "A ". llB 12. 13. 14. 15. PUBLIC COMMENT NEW BUSINESS. PLANNING COMMISSION ACTIONS - These are Planning Commission actions that may be called up by the City Council. CITY ADMINISTRATOR'S REPORT Page 2 - Council A~.enda of September 9, 2002. 16. MAYOR AND COUNCIL REPORTS 17. EXECUTIVE SESSION 18. ADJOURINME] ~IT Page 3 - Council Agenda of September 9, 2002. 4B PROCLAMATION DAY FOR REMEMBRANCE September 11, 2002 WHEREAS, S~tember 11, 2001 was the date of an attack on the USA by terrorists of unscrupulous nature ~sing hijacked airliners as missiles which created destruction and cIaitned the lives of m~re than 2800 persons; and WHEREAS, m~ny Police, Fire and Military Personnel lost their lives in heroic efforts to rescue innocent peo~le and thus are considered heroes for their actions on behalf of others, and ! WHEREAS, thi USA is committed to bringing the terrorists to justice, and to wiping the threat of terrorismfrom our shores, resolving to NEVER FORGET those innocent victims, and ~ WHEREAS, w~ in our home cities regard our Police and Fire Personnel as heroes, for each day they risk,heir lives in the performance of their duties; and WHEREAS, wq should work continually to promote goodwill, peace, responsible citizenship, patn'otism I~and love of country; and WHEREAS, wb as citizens can memorialize the victims and the heroes of that day by honoring our own Potice and Fire Personnel each September 11 in an annual demonstration to thank these public safety personnel for their efforts in keeping us safe, and free; NOW, THERE. FORE, I, Richard Jennings, Mayor of the City of Woodburn, Oregon, do proclaim September 11, 2002 as a Day For Remembrance and ask that the citizens of Woodburn, Oregon, fOrever, with respect, remember those whose lives were suddenly, and without cause, taken from them, and pay respect and honor to the men and women who daily perform acts of courage to protect us here in Woodburn. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Woodburn to be affixed this 9th day of September, 2002. Richard Jennings, Mayor City of Woodburn, Oregon 8A COUNCIL MEETING MINUTES AUGUST 26, 2002 TAPE READING 0001 DATE. COUN COUNTY OF CONVENED. presiding. 0010 ROLL CALL. Mayor Councih Councih Councih Councih Councih Councih CIL CHAMBERS, CITY HALL, CITY OF WOODBURN, CLARION, STATE OF OREGON, AUGUST 26, 2002. The meeting convened at 7:00 p.m. with Council President Figley Jennings Present (7:30 pm) ~r Bjelland Present ~r Chadwick Present ~r Figley Present ir McCallum Present )r Nichols Present >r Sifuentez Present Staff Present: i~ity Administrator Brown, City Attorney Shields, Public Works Director Tiwafi, PuNic Works Manager Rohman, Acting Police Chief Null, Park Director Westrick, Seniqr Planner Zwerdling, City Recorder Tennant Council PresidOnt Figley stated that, as in the past, the Mayor is working at the Oregon State Fair and he will try to attend a portion of this meeting. 0057 ANNOUNCEMENTS. A) Music in the Park: On August 27, 2002, 7:00 p.m., the Maharimbas Marimba and steel drmn band will be performing in Library Park. B) Labor Day Closures: City Hall, the Aquatic Center, and the Library will be closed on Monday, September 2, 2002 in observance of Labor Day. C) Library Closure: The Library will be closed on Friday, September 6th, for staff computer training. D) Public Library Hours: On September 8, 2002, the Library will resume its Sunday hours of 1:00 pm to 5:00 pm. E) Public Hearing: A public hearing on the Ambulance Franchise will be held before the City Council on Monday, September 9, 2002, at 7:00 p.m.. F) Public Hearing: The City Council will also hold a public hearing on September 9, 2002, 7:00 pm., on proposed ambulance rate adjustments. 0143 PRESENTAT~[ON: 9-1-1 CONSOLIDATION PLAN. Acting Police Chief Null stated that the 2001 Legislative session resulted in the passage of House Bill 3977 which (1) extends the sunset of the 911 phone tax to December 31, 2003, (2) requires counties with multi-primary Public Safety Answering Point's (PSAP) Page 1 - Council Meeting Minutes, August 26, 2002 8A TAPE READING COUNCIL MEETING MINUTES AUGUST 26, 2002 to jointly submit a 911 consolidation plan to Oregon Emergency Management by September 1, 2002, and (3) establishes a consolidation incentive fund from 911 revenue received in the ~001-03 biennium which exceeds $56 million. He stated that none of the dispatch agenci4~s in Marion County want the consolidation, however, the legislature is forcing this action to be taken. Currently, Marion County has 4 PSAP's located in Woodburn, Silv~rton, Stayton, and Salem. It was noted that the 911 consolidation involves forwar4ting all 911 calls to a central 911 Center within the County and dispatching those calls will remain as a responsibility each agency. Currently, the North Marion County Communications (NORCOM) receives 911 calls and dispatches for fire, ambulance, and iPolice agencies in North Marion County and they transfer 911 calls received for Makion County and Oregon State Police to Salem dispatch. Their share of the 911 telephone tax is approximately $170,000 and, with the loss of these funds, the potential cost toi the City could be as much as 50% of the revenue loss. A 911 Consolidation Committee was formed in October 2001 and representatives from every fire, ambulance, and police agency within the County participated in the planning process. The Committee prepared the plan under the assumption that all 4 dispatch centers will continue to operate and it identifies the Willamette Valley Communications Center (Salem) as the primary PSAP for Marion County. He reiterated that initial 911 calls would be forwarded to Salem then be transferred back to the dispatch center which increases the amount of time before an agency would respond to the emergency or a call could be dropped during the transfer. The Consolidation Plan also establishes facility, equipment, and personnel consolidation requirements. During the more recent legislative special sessions to balance the State's budget, the legislature extended the sunset of phone tax revenue to December 2008 and they have redirected $7 million from the PSAP Consolidation Fund to other areas. This action results in having no funds identified to assist agencies within each County to fund the consolidation, therefore, it is unknown at this time if the Consolidation Plan will be implemented. In regards to the future of NORCOM, options being considered include (1) keeping NORCOM operational and developing a strategy to replace the loss of 911 revenues, (2) keep NORCOM as an operational Primary PSAP but it would be at the expense of the 911 participating agencies, (3) consolidate NORCOM with Willamette Valley Communications Center, however, this agency is not interested in an ORS 190 agency even if dispatch consolidation is involved, and (4) consolidate NORCOM with Santiam and Silver Falls communication centers. No decisions have been made to date and there is no action required by the Council at this time. Councilor Bjelland questioned if there has been any feedback from legislators as to whether or not they will delay the consolidation process. Chief Null stated that it is still unknown as to what the legislators will do. Agency representatives feel that it is more than likely that the State will back away from its plan since they do not have the money to implement the consolidation. Page 2 - Council Meeting Minutes, August 26, 2002 ~ T 8A COUNCIL MEETING MINUTES AUGUST 26, 2002 TAPE READING Councilor McC~llum recognized Chief Null for his efforts in getting all of the representatives ~ogether to work on this consolidation plan. He expressed his opinion that the City needs t~ keep a handle on this issue since this will have a profound economic impact on the City. With the revenues being moved to the primary PSAP, this may result in a reduction in service to our community. He stated that the legislative action took place prior to S~ptember 1 l, 2001 and, as a result of that tragedy, there is a need for strong dispatch .~enters which has not been recognized by the legislature in their more recent sessions. Acting Chief Nt into one dispatc] Councilor Niche close handle on Acting ChiefNt 11 stated that the original intent of the legislature was to forward monies ~ center in each County as a means of saving money. ,Is also agreed that this issue is one in which the Council needs to keep a fince time delay in answering calls for service is of a concern to him. 11 also stated that the Plan requires that all 4 PSAP agencies sign-off on the Plan before it is sent to the legislature. The Plan was developed by all 4 agencies and it was agreed UPpn by the agencies, however, at the last minute, Salem wanted some assurances that tithe 911 funding went away that they could charge costs back to the individual agenc~ies for providing that service. There was some resistance fi.om the other three agencies since they did not want to give the State any cause to show that it can be done without State funding. To date, 3 of the 4 agencies have signed off on the Plan and he is unsure as to what position Salem is taking on this issue. If the State does not accept the Plan with the 3 signatures, then the State will have to develop their own plan for Marion County's consolidation. 1126 PRESENTATION: PROPERTY PRIDE AWARDS. Phyllis McKean, representing the Livability Task Force, stated that the Task Force works for a cleaner community where there is pride in ownership. Quarterly awards are given by the Task Force for homeowners and businesses. The quarterly award in the homeowner category was given to Dorothy Johanasson, 968 Astor Way, for her conscientious upkeep of her property which makes her neighborhood a better place to live. Mr. Johanasson was in attendance at the meeting to accept the award. The quarterly award in the business category was given to Flomer Furniture located at 609 N. Front Street. Tom Flomer was in attendance at the meeting to accept the award. 1322 CHAMBER Ol~ COMMERCE REPORT. Cathy Wolfer, re~presenting the Chamber Board, announced the following upcoming Chamber events: 1) Business Aft~ Hours will be held on September 12t~ at Prudential Real Estate Professionals on Glatt Circle from 4:30 pm to 6:00 p.m.; 2) the Chamber Forum Lunch will be on September 18th at 12:00 noon; Page 3 - Council Meeting Minutes, August 26, 2002 8A COUNCIL MEETING MINUTES AUGUST 26, 2002 TAPE READING 3) During the pdriod of September 9th - September 20th, the Chamber office will display Ila's Quilts; and 4) the Chamber :Auction will be held on September 27th at the OGA Tukwila. 1430 1531 COMMUNIC,~TIONS: CURBSIDE FOOD DRIVE. Administrator B~rown stated that the 7th Annual Curbside Food Drive, sponsored by United Disposall: and other garbage haulers in Marion and Polk counties, will be held during the week of September 16th through 20th. Non-perishable food items will be collected and giyen to the Marion-Polk Food Share. Joan Garren, 10~0 Wilson, requested clarification of the City's graffiti ordinance since there are a couple of homes, in addition to an apartment along Hwy. 99E, that have graffiti on the b~ldings and she was under the impression that the ordinance called for removal of the graffiti within a certain amount of time. Acting Chief Nd, 11 stated that once a property owner has been identified and asked to remove the graffiti, the property owner then has 10 days to remove the graffiti. In some cases the removal time period is extended based on weather conditions and type of facade. If the graffiti is not removed within the specified time period, the property owner can receive a citation. 164O CONSENT AGENDA. A) approve the regular and executive session Council minutes of August 12, 2002; B) accept the Planning Commission minutes of July 25, 2002; C) accept the Li~vability Task Force minutes of July 15, 2002; D) accept the Library Board minutes of July 17, 2002; E) approve the Claims for the month of July 2002; F) receive the report regarding the Cleveland Street closure for Highway 99E railroad crossing replacement; G) receive the report regarding the 911 Consolidation Plan; H) receive the status report on the Storm Drainage Master Plan; and I) receive the staff report on the Liability, Auto, Property, and Workers' Compensation Insurance for fiscal year 2002-03. MCCALLUM/NICHOLS... adopt the consent agenda as presented. The motion passed unanimously. 1704 Mayor Jenning~ arrived at the meeting and resumed his seat on the bench at 7:30 p.m.. Page 4 - Council Meeting Minutes, August 26, 2002 8A COUNCIL MEETING MINUTES AUGUST 26, 2002 TAPE READING 1728 PUBLIC HEAl,lNG: SUBDIVISION APPLICATION NO. 02-03 -- Proposal to Convert Wood,urn Crest Estates Mobile Home Park into a 45 Lot Subdivision. Mayor Jenningsldeclared the public hearing open at 7:31 p.m.. BJELLAND/N~CHOLS... continue the public hearing for Subdivision 02-03 to October 1840 28, 2002 City C~uncil meeting. The motion passed unanimously. COUNCIL BII SUBMIT TO ~I OBLIGATION CONSTRUCT. Administrator B ,L 2410 - RESOLUTION CALLING A SPECIAL ELECTION TO HE VOTERS THE QUESTION OF CONTRACTING A GENERAL BONDED INDEBTEDNESS IN THE AMOUNT OF $5~075,000 TO EQUIP, AND FURNISH A CITY COMMUNITY CENTER. rown stated that the Community Center Planning Committee had evaluated the logation, size, design, and financing for a new Community Center. He stated that the G~ommunity Center elevations provided in the agenda packet is the facility recommended tO be constructed at an estimated cost of $5.82 million. Of the total cost, the Committee ,anticipates receiving approximately $820,000 from grant revenues, sale of city-owned surl~lus property, and fi.om fundraising campaigns. The Committee has recommended ~at the remaining $5 million be financed through a general obligation bond. Two alternatives have been provided to the Council with the first alternative being the full $5 million plus $75,000 for bond closing costs, be a general obligation on the ad valorem taxes..The second alternative, which is the recommended alternative of the Committee, wo~d be a general obligation bond for $5,075,000 and for the Council to dedicate appro~ately $1.5 million from Parks and Recreation system development charges that arel or will be collected for park uses towards future principal and interest payments. This/alternative would effectively reduce the amount that would be paid by the taxpayer over the life of the bonds. The policy choice is to dedicate a revenue that has not been received yet which may result in property tax rates for meeting the principal and interest payments fluctuating each year. Staff calculations indicate that the $1.5 million in systems development charges is a reliable number and feel fairly confident that the revenues will be there over the time period in which the bond payments are made. He reminded the Council that taking the $1.5 million for this project will take these funds out of the revenue Stream for any other Park SDC projects that the City may want to fund in the future. He reiterated that the staff is recommending Alternative 2 and the Committee is also endorsing this alternative. Mayor Jennings expressed his opinion that alternative 2 would be the best alternative since it would place less of a tax burden on the property taxpayers. Councilor Sifuantez stated that the Committee strongly recommends alternative 2 since they are looking at what would work best for the taxpayers in the City. Councilor McCallum questioned what the plan would be regarding the construction project if the bond measure passes but the additional revenue sources does not meet the estimated $820,000. Page 5 - Cotmcil Meeting Minutes, August 26, 2002 8A COUNCIL MEETING MINUTES AUGUST 26, 2002 TAPE READING Administrator B~:own stated that the City would have the choice of either scaling back on the project or substitute some other source of revenue other than system development charges. The pa[back period for the bonds will be either 15 or 20 years depending upon the market rates iat the time of issuance. Staff has been working with bond counsel on the preparation of the Council Bill but no detail work has been done with the financial advisors as of this date. BJELLAND/SI~FUENTEZ .... recommend alternative 2 as the approach to be taken to finance the Corrmaunity Center. The motion passed unanimously. Councilor Chadwick introduced Council Bill 2410 with alternative 2. 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 2410 duly phssed. Mayor Jennings also congratulated the Community Center Planning Committee on a job extremely well-done and asked for their help in getting the measure passed by the voters. 2680 COUNCIL BII+L 2411 - RESOLUTION AUTHORIZING EXECUTION OF POLICE RECORDS MANAGEMENT SYSTEM AGREEMENT WITH THE CITY OF SIL~ERTON. 2790 Council Bill 24! 1 was introduced by Councilor Chadwick. Recorder Tennant read the bill by title only since there were no objections from the Council. Mayor Jennings questioned if approval of this agreement will help the City to retain NORCOM. Acting Chief Nail stated that there is a possibility that it will have an impact on the PSAP in the future but, as it now stands, this agreement will not he of help at this point in time. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2411 duly passed. COUNCIL BI[,L 2412 - RESOLUTION AUTHORIZING EXECUTION OF A POLICE RECORDS MANAGEMENT SYSTEM AGREEMENT WITH THE CITY OF HUBBARD. Councilor Chadwick introduced Council Bill 2412. 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 2412 duly passed. 2845 COUNCIL BII~L 2413 - RESOLUTION ENTERING INTO TRANSPORTATION GROWTH M4NAGEMENT GRANT AGREEMENT NO. 19786 WITH THE STATE OF OREGON. Councilor ChadWick introduced Council Bill 2413. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final Page 6 - Council Meeting Minutes, August 26, 2002 8A COUNCIL MEETING MINUTES AUGUST 26, 2002 TAPE READING 2920 passage, the bill Passed unanimously. passed. Mayor Jennings declared Council Bill 2413 duly LIQUOR LICI~NSE APPLICATION: La Sierra Mexican Restaurant. A liquor license ~application was submitted by Felix Lopez-Arcechiga for a full on- premise sales lic.hnse at his establishment located at 553 N. Front Street. FIGLEY/SIFUI~NTEZ... approve a compliance plan as a condition of approval for a liquor license for La Sierra Mexican Restaurant and approve a conditional full on-premise liquor license fo[ La Sierra Mexican Restaurant. The vote was 5-} with Councilor Nichols voting nay. 2973 BID REJECTION: HIGHWAY 214 SIDEWALK CONSTRUCTION - PHASE 1. Staff recommen~ted the rejection of the only bid that was received for this project in the amount of $755,~)27.80 which was substantially higher than the engineer's estimate of $508,265. Staffihas been in contact with ODOT regarding the bid amount and further discussions will :be held with ODOT on financing and design issues. A project design that meets ODOT approval will be prepared and the City will call for bids based on the agreed upon project design. FIGLEY/NICHOLS... reject all bids received August 6, 2002 for Highway 214 sidewalk construction Phase I. The motion passed unanimously. Administrator Brown stated that this project is the sidewalk work that was going to be done on both sides of Highway 214 in the area of the crossing at the high school. This is a combination project being funded by ODOT, the City, and the School District. This particular bid rejection reflects a bid on the City's portion of the work that was to be completed during this fall. He did not feel that it would involve much project re-design but it is hoped that bid timing will generate a larger competitive pool. This delay will result in the sidewalk being constructed in the early spring which will be closer to the time frame in which the State will complete the paving during the summer months. 3150 MARION COUNTY GROWTH MANAGEMENT FRAMEWORK. Mayor Jennings stated that he had read the letter in depth and agreed with the contents of the letter. Additionally, he had spoken to Commissioner Franke on this issue and let him know that the Council did not feel that they had been given a chance to provide input. It was his understanding that other cities in the County would be attending the August 28th hearing before the Commissioners also objecting to the document. Councilor Bjelland stated that he will be attendance at the August 28th heating and that he found some troubling statements in the material prepared by the City's consultant in that the consultants had incorrect information. For example, he challenged them on the amount of land they were showing for Woodbum and, after the consultant check their records, they found that instead of 850 acres it should have been about 50% more than Page 7 - Council Meeting Minutes, August 26, 2002 8A COUNCIL MEETING MINUTES AUGUST 26, 2002 TAPE READING that acreage. If ~goodburn grows to the amount of population that is being discussed, the amount of land under the consultant's assumptions to expand the urban growth boundary is significantly h: gher than what the letter currently states. He also stated that some of the demographic pro'ections were incorrect based on the census data that has been released. He felt that there, are some very legitimate issues that have been raised with the letter and concerns with th, framework as it is structured. In his opinion, further discussion of a framework that , tcludes greater participation of the cities and their feelings on this matter take place before it is voted upon at the County level. Administrator B~own stated that he felt that the letter had been well-framed by the City's consultant and it~.aises a number of technical issues that the City needs to raise at the public hearing. !ne primary thrust of the message is that while the City wants to coordinate with the County, the City wants to do it in a thoughtful way and there is no reason to rash through this process. Councilor McCailum felt that the letter was excellent and it raises a number of issues that need to be addreqsed and there is no rush in judgement to be made. He agreed that the City needs to cooperate and work with the County and other cities. FIGLEY/SIFUENTEZ... authorize the Mayor to sign the attached letter to be entered into the record on behalf of the City for the Marion County Board of Commissioners hearing on Aught 28, 2002. The motion passed unanimously. 3810 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that materials needed to conduct his performance evaluation will be distributed to the Mayor and Council later in the week. This evaluation will be scheduled for the second regular meeting in September. 3888 MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that, while visiting the State Fair, he had been told by a number of people that the Oregonian had written a rather derogatory article on Woodbum and he wanted to assure the public that it is safe to go to downtown Woodbum. Councilor Figley stated that she felt the article was similar to what the Oregonian has printed on a regular basis. She reiterated that she walks regularly in the downtown area and has never experienced any problems. Councilor McCallum stated that he enjoyed the opening celebration for Safeway and Wells Fargo bank. At this celebration, the Police and Fire Departments had equipment on display for the public to view. Councilor Sifuentez stated that the Community Center Planning Committee had spent a lot of time on this project and she thanked them for their dedication and willingness to come up with a plan that would provide a facility to meet community needs for the least amount of money. Councilor Chadwick stated that she also enjoyed the opening the Safeway store. Page 8 - Council Meeting Minutes, August 26, 2002 TAPE READING 4508 4540 4588 COUNCIL MEETING MINUTES AUGUST 26, 2002 EXECUTIVE ~ESSION. Mayor Jennings ~ntertained a motion to adjourn to executive session under the authority of ORS 192.66_01!)(d). FIGLEY/MCCp, LLUM... adjourn to executive session under the statutory authority cited by the MayOr. The motion passed unanimously. The meeting adjgumed to executive session at 8:08 p.m. and reconvened at 8:28 p.m.. Mayor Jennings ~stated that no decisions were made in executive session. ADJOURNME]~T. FIGLEY/MCC4~LLUM... meeting be adjourned. The motion passed unaniously. The meeting adj/~umed at 8:29 p.m.. 8A APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Wood~oum, Oregon Page 9 - Council Meeting Minutes, August 26, 2002 lv T Executive Session COUNCIL MEETING MINUTES August 26, 2002 8A DATE. CONFERENCE'iROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF QREGON, AUGUST 26, 2002. CONVENED. The CounCil met in executive session at 8:13 p.m. with Mayor Jennings presiding. ROLL CALL. 1~ iayor Jennings Present C >uncilor Bjelland Present C'>uncilor Chadwick Present Cbuncilor Figley Present COuncilor McCallum Present C~uncilor Nichols Present Cbuncilor Sifuentez Present Mayor Jennings reminded ~he Councilors and staff that information discussed in executive session is not to be discussed with thC public. Staff Present: City Admin~trator Brown, City Attorney Shields, City Recorder Tennant The executive session was icalled under the statutory authority of ORS 192.660(1)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations. ADJOURNMENT. The executive session adjourned at 8:26 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, August 26, 2002 Meeting Notes COMMUNITY CENTER P~ANNING COMMITTEE August 8, 2002 7:00 p.m. Settlemier Park Activity !Center 8B Call to Order Roll Call ~- Joan Garden; Vice Chair; Sharon Felix, Member. Others present: Randy Westrick, Anthony Veliz, Jennifer Goodrick. Subcommittee Work Schedule A. PAC-Randy b[ought Anthony up to speed regarding the work that the planning committee has do~e thus far. The current need is to register and name the PAC and get to work on selling the proposed community center plan to the voters. Anthony has volunteered to head up the PAC and has already enlisted the help of some volunteers. The first order of business is to get the papers filed then get to work on fund-raising. Many ideas were discussed, most notably: · Mail bilingual literature only to those who have voted in at least three of the last four elections. · Utilize the knowledge of the Urban Renewal District (URD) organizers. · Consider hosting a town hall social at the current community center to unveil plans, answer questions and gather feedback from the community. · Develop a speakers bureau to make presentations to civic groups. Also discussed were strengths, opportunities, weaknesses and threats: · Strengths o a new community center would provide improvements to current programs and allow the implementation of new programs.. o a new community center would round out a multi functional recreation complex within the downtown corridor. o a new community center would be an affordable showplace. o a new community center would help to bring economic development to Woodburn. o the proposed new community center has been well planned, well thought out and thoroughly analyzed. · Opportunities o 60,000 to 70,000 visits to the WMAC every year. o the opportunity to partner with the URD. o the opportunity to partner with area businesses B. Fund Development Campaign: will be discussed thoroughly in future meetings Future Committee Business: The next meeting is Thursday, August 22 at 7pm. Adjournment: The meeting was adjourned at 8:40. 8B 8B Meeting Notes COMMUNITY C~NTER PLANNING COMMITTEE August 22, 2002 7:00 p.m. Settlemier Park A~tivity Center Members Present - Sh~aron Felix, Joan Garren, Butch Flomer, Patricia Eamons, Elida Sifuentez Tile Committee reviewed, a Bond Measure Plan submitted by PAC chair Anthony Veliz. The plan includes a c+mprehensive approach to promoting the upcoming bond as well as a budget. Anthony w!ll be in touch members asking for help on specific assignments. Randy submitted an outline for an informational presentation on the Community Center project. The Commit{ee reviewed the information and suggested that it include more meat about what type4; of uses and activities the building will host. Randy told the Committee that he is available to make presentations to groups and organizations that may be interested in learning more about the Community Center. Randy said he is available to accompany Committee members to such events and that he may ask members to accompany him to presentations. Randy reported that the City Council will consider a recommendation to approve a bond at the August 26, 2002 meeting. The bond will be for $5,075,000 with $1,564,200 paid through future SDC's and $3,510,800 paid through an ad valorem tax. The City Council will consider two resolutions and ballot titles. Staff is recommending that the City Council adopt the approach to pledge to repay the above-referenced SDC portion and the balance through the ad valorem tax. The other alternative makes no mention of the SDC payments. The Committee reviewed a report that outlined the status of foundation funding. Of the fourteen contacted with a letter of inquiry, four have asked for applications to be submitted. Only three have said they will not accept an application. Staff is awaiting a response from the others. The meeting adjourned at 8:00 p.m. CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woo~dburn, Oregon 97071 Date: September 3,i 2002 To: Jim Mulder, Community Development Director From: Building Divis!on Subject: Building Act!vity for August 2002 (503) 982-5250 2000 2001 2002 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 5 $611,297 7 $785,493 11 $1,512,643 Multi Family 0 $0 0 $0 '0 $0 Assisted Living Facilities 0 $0 1 $4,305,576 0 $0 Residential Adds & Alts 0 $0 11 $75,126 5 $28,350 Industrial 0 $0 0 $0 0 $0 Commercial Value 0 $0 7 $4,847,060 10 $566,988 Signs, Fences, Driveways 7 $15,650 6 $67,445 4 $10,300 Manufactured Homes 1 $34,995 0 $0 0 $0 TOTALS 13 $661,942 32 $10,080,700 30 $2,118,281 Fiscal Year (July 1- June 30) to Date $1,344,175 $11,908,712 $5,170,511 I:~Comrnunity Development~Bldg\Building Activity~BldgAct-2OO2~aclivity - August 2002.wpd PLANNING PROJECT TRACKING SHEET- Revised: 9-5.02 Mail Notice Final PC Mail NotiCe Project Date Deemed 120-Day Facilities Notice to Post Sff Rpt PC Order Final Notice to Post Sff Rpt CC Ord. CC O~1. Applicant Description Received Complete Date Planner ReferralsMeeting for PC Paper Properb/ Due Headn~ Due Order for CC Papers ProperlyDue Headr~J Due Ado~ti~l Annex business .~ pad~ into the ~9.01, Coqx~ate limits 10/14/99 UGB Wally Lienof the City. 06/01/99 N/A Jim cont. off 9~01, ZC Establish the IL catar~dar ~ zone o~ the AJaX C~ o~ 828 PI~T Rd. water 0t~.04~.03ZC Woodt~m treatment lYent 04/24/01 05/24~1 Scott 05/'23/02 CPI~I~ ~nc~3,~e~e Cont. 0~ ZC Tim 3/07,02 ~ 10/04R2 10/07/0210/1~02 Doman 373 Gatch St. 12/13/01~e N/A Scott 04/05/02 N/A 05/0310205/03/0205/13102 05/16/02 6/13/02 07/04/0207/11/0209/2~02 noaongf=,' 01-07 04~O~ cont. cc H~mg Inc. 08/06/02 SUB Capi~ 11 ~ subdivision 04/19/0205/07/02 11/26/02 Scott 07/29/02 (pre-fac. 09/06/02N/^ 09/16/02 09/19/02 09/26/02 o~ ~djacent to 1-5 Complete mtg.) 02-02 co 07/29102 ~U~ ~ Co~ o~ w,~ 6/27/02 C~stEstete, MHP05/07/0205/22/02 09/18/02 Naomi 05/23/02 06/06/0206/07/02N/A 06/17/02 07/04/02 Cont. 07118/0207/25/0208/06/02N/A 02.03 Gtve~s to 45 k)t ~utxllvi~lon 7/11/02 · U~ Sc=a ~JI3~ivtsim at NWC 06/13/02 Naomi 02.~4 I~ 99E/214 7/11/02 VAR c~mac~ and storage o~ 06/28/0207/26/O2 Scott Sh~-,,~-,,.~,h tn. ~2~3 Anf~ex.~k~ and ZC ~2-~1 Z~C ! ~SS ~ ~1 t~ CO 06/28/02~P=<xni~ate Scott 02.02 at 600 N. ~ 08~2/02 Variance to allow 2 additional wall VAR signs O Wells Ir~.,omp~ete Naomi 02-04 C~; o,m~ Fan~o Bank at 07/08/02?/25~02 1530 N. Pac~c Hwy. PLANNING PROJECT TRACKING SHEET Mail Notice Final PC Mail Notice Project Date Deemed 120*Day FacJlities NoUce to Post Sff P, pt PC Order Final Notice to Post St/Rpt CC Ord. CC O~. A~icant Description Received Complete Date Planner ReferralsMeetin~l for PC Paper Properly Due Headn9 Due Order for CC Papers ProperS' Due Headn9 Due ~  07/24/02 EcJtetman & Woodbum Legacy 08/22/02 12/20/02Scott Co. Clinic Addition 2~ Facade additio~07/24/02 o8~1/o2 Naomi 0 US Manet onto 398 N. 99E ~ncomp~ete 07/26/02 ~ Salvado~ Change use from08/23~02 Scott ~2-(~ Larios retail to dance hall Incoml~ete PLA Ken' Adjust lOt line at 08/14/02 Scott 024)3 ~ 395 Shenandoah P,~ Lazer Subdivide o~e Jot into two lots at 1820 08120/02 Scott 024)1 Kalugin E. Hero'castte VAR Ray-O-Lite Sign Code Vattance fo~ BIl~.ar~ 1600 Mt 08~23~02 Scott ~4)5 S~IlS, linc.Hood Ave. LONG RANGE PROJECTS Mail Notice Final PC Mail Not~-..e Project Date Deemed 120-Day Facilities No{ice to Post Sff Rpt PC Order Final Notice to Post SU' Rpt CC O~d. CC (~. Applicant Description ReceivedComplete Date Planner ReferralsMeetin(~lfo*' PC Paper Proper~ Due Headn(.I Due Order for CC Papers Propert~ Due Headn~ Due ~'~ S~aW .ego~at~ng s<Aoe <~ Jim Ilea war ~,.e~ Ooo'r ~,"~1~, Consultant has begun ~ wo~ On grant. Jim ~ Oraft O~lmance ', Tree under pmberation I1~ D~aft lo be discussed Naomi/ vatk~t wi~ Planning Matt O8/22/o2 -MEMORANDUM ODBURN To: From: Date: Subject: Mayor and City Council Mary Tennant, City Recorder August 22, 2002 8E November 5, 2002 General Election - Filing of General Obligation Bond Measure and List of Candidates On September 5, 2002, the City filed the required documentation with the Marion County Elections Office which places the Community Center General Obligation Bond (Measure #24-103) and Mayor/Council positions on the November 5, 2002 General Election ballot. Nominations for office were filed by the following individuals: MAYOR - 2 year term KATHY FIGLEY COUNCILOR - WARD III: 4-year term PETER McCALLUM COUNCILOR - WARD IV- MARY CHADWICK JIM COX 4-year term COUNCILOR - WARD V- 4-year term ANTHONY VELIZ Memorandum To: Mayor and City Council, through Public Works Director From: David N. Torgeson, P.E., Assistant City Engineer ~ Date: September 4, 2002 Subject: Mill Creek Pump Station Status Repo~ The current project at the Mill Creek Pump Station occurs in two parts. The more visible part addresses the stabilization of sewer interceptor pipe and manholes just west of the pbmp station. Work at the manholes requires dewatering, and excavation of about 20 feet to reach the work surface. At the work surface, the contractor has installed special concrete reinforced anchors, upon which the pipe and manholes will be supported. This work was necessary because the subsurface organiic soils lack strength to support structures. This portion of the work, visible to the public from Higway 214, is expected to be completed by October 4, 2002. Emphasis has been placed on the manhole work, but there are additional tasks to be undertaken inside the pump station. One of the original three Morris pumps will be replaced ~th a Flygt dry submersible unit. The new pump will match an eadier replacement that provided many benefits in reliability and performance. In addition, pressure pipes that cross the sewer wetwell, and which have evidenced corrosion, will be replaced in this project. This portion of the project, inside the pump station, will be completed by September 30, 2002. Memorandum To: Mayor and City Council, through Public Works Director From: David N. Torgeson, P.E., Assistant City Engineer ~ Date: September 4, 2002 Subject: Heritage Park ADA Access Ramp Status Report Construction plans for handicapped-accessible ramp are now complete. The ramp provides a(~Cess to sports courts that have been built in Tract "A" of the Heritage Park Suibdivision. About 120 feet of paved surface (5-feet in width) will be constructed. Handrails will be provided on both sides of the ramp. The ramp falls about 3-1/2 feet from near Jamestown Street to the depression where sports courts are situated. Bids for two alternates will be solicited. One alternate provides a concrete surface, sloping about 5 percent. The second alternate employs timber framing with composite plastic decking. The decking will require only minimal maintenance in the future. The approved ClP budget, under Fund 358, includes $15,000 for Heritage Park access ramp improvements. The cost of the project will be controlled, such that this budget is not exceeded. Award of the bid is expected to be brought to the council for action at the regular meeting scheduled for September 23, 2002. Construction will begin approximately September 30, and will be completed within 45 days thereafter. 8(; WOODBURN Incorporated 1889 8H TO: MEMORANDUM Mayor andi City Councilors through John Brown, City Administrator ~/~ FROM: Woodburni Public Library Board through/~¢~ Linda sPrauer, Library Director U//- DATE: September 5, 2002 RE: Marion Cotunty Library District Feasibility Study I. INTRODUCTION A grant of $ 50,000 was requested and received through the Oregon State Library of LSTA (Library ServiCes and Technology Act) federal funds. In March 2001, the Request for Information for a Consultants' study was released. The purpose of this request for informal~ion was to select a consultant (or consulting team) to evaluate the political, economic, and operational feasibility of library district(s) formation and/or annexation in Marion County and to recommend the best alternative for future stable library funding and governance for each jurisdiction cooperating in this study, based on the results of this evaluation. Libraries participating in this study are Jefferson Public Library, Lyons Public Library, Mt. Angel Public Library, Salem Public Library, Silver Falls Library District, Stayton Public Library, and Woodburn Public Library. Consultant recommendations were judged valid only to the extent that they offered to the governing body of each library participating in the study a feasible check-list of future steps toward more effective library funding and governance (which may or may not be through special district formation or annexation). The Lindholm Company, L.L.C. was selected and contracted to perform the study. II. HISTORY The overarching consortium for public libraries in Marion County, the Chemeketa Cooperative Regional Library Service (CCRLS), has been struggling for years with the problems of inequiljable funding for library services across its area. CCRLS, a public library consortium administered by Chemeketa Community College, has a tax base of 8.1 cents/thousand. This tax base is separate from and in addition to taxes collected by cities within the region to support city libraries; there are no county funds supporting Woodburn Public Library 280 Garfield Street · Woodburn, Oregon 97071 Ph.503-982-$263 * Fax 503-98~5258 II I library services. These CCRLS funds support centralized automation services, a courier system, a small consortium staff, and reimbursement payments to member libraries. The minimUm standard for library services has been set by CCRLS at the "threshold" level of th~ Oregon Library Association Standards for Oreqon Public L brar es 2000 (olaw~b.or,q/pld/standards.html). In the past, the city public libraries that are contractual members of CCRLS have provided library serviqes not only to the citizens within their respective tax-supporting service area, but have also provided services, without additional charge, to residents of CCRLS who do not s~pport any public library directly. Member libraries are partially reimbursed by CCRL$ for providing these services. The pressures of tax cutting measures and more t~nan a year of work by the CCRLS Equity Task Force led to an implementation of fees for full library service in most areas of CCRLS which do not directly support an individual member library. In July 2000, six of thC seven public libraries in Marion County, in an effort to address inequitable funding fo? library services across the area, initiated a fee of $25 per household per year fCtr full library service; the fees rose over the next two years to reach "full parity," of $40 per household per year in July 2001and $60 per household per year in July 2002. Those households not paying the fee have limited access to public library resources. A recent consultants' study done as part of CCRLS's strategic planning highlighted the need to consider special district formation by member libraries as one of the few viable options for broadening the libraries' tax base and extending quality local library collections and services to those currently minimally served within the CCRLS territory. This study will explored special library district options for all of Marion County and specific parts of Linn, Polk, and Clackamas Counties. Seven independent public libraries participated in the feasibility study. One, the Silver Falls Library District, is already a special library district, which formed from the Silverton Public Library in 1994. Silver Falls was interested in reviewing its boundaries and in the potential for cooperation, annexation, or consolidation with its neighbors. The Silver Falls Library District served as the project manager for the grant. The four smallest libraries in Marion County, Jefferson Public Library, Lyons Public Library, Mt. Angel Public Library, and Stayton Public Library, had each considered pursuing district formation to some degree on their own, were hampered by lack of accurate information about the various options and their political feasibility. The two largest libraries of the county, the Salem Public Library and the Woodburn Public Library were also participants in the grant. Salem actively explored the possibility of a special district in 1999. Woodburn began approaching its neighboring small towns to discuses the possibility of a library district. Also in Marion County is the city of Keizer, the largest city in Oregon without a public library. The consultant study needed to include Woodburn, Salem, and Keizer in the survey. The purpose of the survey was to evaluale each area's residents' willingness to consolidate, to support a library district, and/or ito vote to provide some other type of stable library funding mechanism. ~ For all participants, the consultants' plan was to provide boundary recommendations, political support analysis, and recommendations for future steps. Attached, please find a copy of the Survey of Woodburn City residents. In the summary, the consu!tant indicates that "The library receives a strongly positive rating: 88% Total Excellentiplus Good vs. 3% Fair and Poor. Usually a ratio of three to one is considered excellenl. This is a very strong result." Also, there is 64% support in the City of Woodburn for taxing at the $116 level. This is extremely strong for this high level. III RECOMMEN~DATIONS In the final report, th~ consultants offered three recommendations for Woodburn: > Optioni A: >, Optioni B: > Optioni C: No Change Merge with Mt. Angel library Form a North Marion county district Of these three optiOns, their first recommendation was to make no changes at this time. Although in option $ there would be benefits to Mt. Angel, there were none envisioned for Woodburn. Option C was not retcommended at this time as the benefit to Woodburn would be questionable. The qonsultant indicates that passing a district formation measure at the same level as the city residents are paying ($1.08/thousand) would not be feasible. There seems to be Support for a district at $0.75/thousand, but this lower amount may just cover the additie, nal cost of services and the funding would only increase incrementally beyond the initial budget tax base. Richard Lindholm of The Lindholm Company, L.L.C. gave a presentation to the Woodburn Public Library Board at their June 2002 meeting. Due to some discrepancies in the printed final report, another report was received in July titled "LSTA Marion County Feasibility Study Final Report (Complete Version)." This document is in my office and available for review. 3335 Bardell Ave. Eugene, OR 97401 The Lindholm Company, L.L.C. Phone: (541) 485-4809 FAX: (541) 687-0271 I~STA MARION COUNTY FEASIBILITY STUDY Preliminary Results Report - 23 January 2002 Woodburn Public Library *8H The results below are ~ased on a randomly selected sub sample of 100 telephone interviews of likely voters in the cit~ of Woodburn conducted November 15 through 25,2001. The sub sample margin of error at the r~edian is 10%. The entire survey sample included 590 likely voters in selected areas of Linn, !Marion, and Polk counties. The error margin for the entire sample at the median is 4%. 1. How would you rate the job the Woodburn Public Library does: excellent, good, fair or poor? Excellent 56% Good 32% Fair 2% Poor 1% Don't Know 9% e What would 3tou tell community leaders you value most about Woodburn Public Library? OPEN ENDED Librarian/Staff 28% Books & Materials 23% Available/Accessible 13 % Programs 11% Children's Programming 8% Order Books 7% Do Not Use Library 6% Services in General 5% Hard to Access Books 3% Don't Know/No Opinion 3% Hours 2% Computer/Internet 2% Facilities 2% Atmosphere 2% Homeschool 1% Location 1% CCRLS (Mentioned by Name) 1% 3. Have you heard of Chemeketa Cooperative Regional Library Service or CCRLS? Yes 48% No 52% If YES, go to question 4. If NO, skip to preamble before question 5. 4. How would ~/ou rate the job of the regional library service, which allosvs books from throughout I~he system to be checked out at any one of the member local libraries does: excellent, good, fair or poor? Excellent 52% Good 23% Fair 2% Poor 4% Don~t Know 19% One option to fqnd local libraries would be the formation of a special local library district which would include a region larger than a single city. At this time, several libraries within Marion County are considering forming local library districts Have you heard of local library districts? Yes 21% No 79% 6. Would you support a local library district if you knew that it would include a region larger than your current city public library? Yes 59% No 41% FOR SILVER FALLS SAMPLE ONLY = SUBSAMPLE 4: Would you support a local library district if you knew that it would tax both city residents and non-residents equally? Yes or No 8. A local library district could provide additional services. Please rate on a scale of zero to ten how much you support each: [ROTATE 8A THROUGH 8N] Ae More books on the shelves 0 to 2 9% 3 to 7 23% 8 to 10 61% Mean 7.5 Easier access to books 0to2 3 to7 8to 10 Mean from other regional libraries 7% 21% 64% 7.6 (Question 8 continued) A local library districg could provide additional services. Please rate on a scale of zero to ten how much you support each: IROTATE 8A THROUGH 8NI C. More hours open to the public Do i0to2 3 to7 8to 10 Mean Bookn tobile service 0to2 3to7 8to 10 'Mean 14% 36% 38% 6.3 9% 32% 46% 6.8 ge Expanded computers and internet access i 0 to 2 12% i 3 to 7 28% i8 to 10 45% Mean 6.6 Fo Books by mail 0 to 2 20% 3 to 7 38% 8 to 10 31% Mean 5.5 Ge Online information databases 0 to 2 17% 3 to 7 26% 8 to 10 42% Mean 6.3 Speaker's forums or lectures 0 to 2 9% 3 to 7 44% 8 to 10 40% Mean 6.5 Workshops for Adults 0to2 11% 3 to 7 41% 8 to 10 40% Mean 6.5 Children's Programming 0 to 2 3% 3 to 7 16% 8 to 10 77% Mean 8.6 '8H (Question 8 continued) A local library district could provide additional services. ten how much you support each: [ROTATE 8A THROUGH 8N] K. Summer Concert and Event Series 0to2 3 to7 8to 10 Mean L. Interaet Access 0to2 3to7 8to 10 Mean 7% 33% 53% 7.4 16% 26% 45% 6.6 Please rate on a scale of zero to M. A rot~ating collection of best sellers 0 to 2 7% 3 to 7 33% 8 to 10 47% Mean 7.1 N. AcceSs to materials through branch libraries 0 to 2 8% 3 to 7 16% 8 to 10 72% Mean 7.9 9. A variety of Options to increase service have been suggested, please indicate if you support or oppose each [QUESTIONS A THROUGH E]. JIF DON'T KNOW] ... Which way would you lean? JIF SUPPORT OR OPPOSE] Is that strongly or somewhat? A. No change in library services Strongly Support 21% Somewhat Support 25% Lean Support 8% Don't Know 11% Lean Oppose 2% Somewhat Oppose l 7% Strongly Oppose 16% Be Increased city taxes for increased city library services Strongly Support 20% Somewhat Support 20% Lean Support 3% Don't Know 10% Lean Oppose 5% Somewhat Oppose 16% Strongly Oppose 26% 4 8H (Question 9 continued) A variety of options to increase service have been suggested, please indicate if you support or oppose each [QUESTIONS A THROUGH E]. C. Creation of a library district, which could increase taxes but provide most of the Do services n~entioned earlier. Strong]ly Support Somewhat Support Lean iupport Don't ~now Lean Oppose Some~Vhat Oppose Strongly Oppose Increased taxes that would form residents. ~ Strongly Support Some,~hat Support Lean !upport Don't Know Lean Oppose Somev that Oppose Strong [y Oppose Increased and non-c Strong Somewhat Support Lean Support 19% 18% 5% 18% 2% 18% 20% a local district to include city and non-city 17% 18% 5% 9% 2% 20% 29% taxes for non-city residents that would form a local district for city ~ty residents. [y Support 19% 17% 2% Don't Know 14% Lean Oppose 2% Somewhat Oppose 22% Strongly Oppose 24% '8H 10. Would you be more or less supportive of the creation of a local library district if the district would allow small communities greater access to funding for library building projects? More Supportive 55% Don't Know 18% Less Supportive 27% FOR QUESTIONS I lA THROUGH 1 IF JIF DON'T KNOWI ... Which way would you lean? JIF SUPPORT OR OPPOSE] Is that strongly or somewhat? Currently Woodbui'n Public Library costs about $108 taxes for a typical $100,000 home, Would you supportior oppose a library district if it cost: llA. $116 in taxes? Stro0gly Support 33% Somewhat Support 28% Lean Support 3% Don!t Know 4% Lean Oppose 2% Son3ewhat Oppose 13% Strohgly Oppose 17% 1 IB &C not asked of Woodburn Respondents since tax rates were less than the current library tax rate. Now, I would like to ask you some specific questions about your local community and library. liD. Woul~i you support or oppose a city referendum for a downtown urban renewal praject? Strongly Support 30% Somewhat Support 18% Lean Support 4% Don't Know 14% Lean Oppose 3% Somewhat Oppose 13% Strongly Oppose 18% 8H liE. Would you support or oppose a bond measure to build a community center that would serve seniors and teens? Strongly Support 44% Somewhat Support 23% Lean Support 3% Don't Know 5% Lean Oppose 2% Somewhat Oppose 10% Strongly Oppose 13% 6 1 IF. Would you support or oppose forming a library district, which would include the Woodburn library and might include another regional library or several regional libraries such as Mt. Angel and the Silver Falls district including Silverton and extending to the southwest? Strongly Support 23% SomeWhat Support 25% Lean ~upport 2% Don't Know 19% Lean Oppose 5% SomeWhat Oppose l 5% Strongly Oppose 11% 11G. Would you ~upport or oppose forming a library district, which would include the area of North Mai'ion County surrounding Woodburn which has no direct library service, i.e. Aurora, Donald, Gervais [J-ER-VASE], Hubbard & St. Paul? Strongly Support 26% Somewhat Support 34% Lean Support 3% Don't Know 19% Lean Oppose 2% Somewhat Oppose 8% Strongly Oppose 8% '8H IOA Memo To: From: Date: Subject: Ma3for and Council though the Cit~{ Administrator Beni Gillespie, Finance Direct~ SePtember 5, 2002 Ambulance Franchise Ordinance Recommendation: Tl~at the Council conduct a public hearing to consider renewing the franchise ~ ambulance service In the City of Woodburn and direct staffto prepare an ordinance reflecting their decision. Back~round: Staffh~s negotiated a draft franchise with Woodburn Ambulance, a copy of which is attached. The draR fi'anchise would grant to the operator the right to use the public rights of way to provide emergency transportation of persons suffering from illness, injury or disability. This Franchise would aot be exclusive, and the City reserves the right to grant a similar use of public rights of way to! any other person at any time during the period of the Franchise, provided said person complies with the regulations of the ASA Plan and with Oregon state law. Other highlights of the draft franchise include: The Franchise would be valid for a period often (10) years following the effective date. The Grantee would furnish ambulance service within the corporate limits of the City of Woodbum in a prompt, efficient and effective manner; and in accordance with rates approved by the City Council by separate resolution. Grantee would make available ambulance services within the City 24 hours per day, seven days per week, and would maintain a business office with reasonable office hours, within the corporate limits of the City of Woodburn. For the privilege of the Franchise, the Grantee would pay to the City a annUal fee of $12,584. This rate would be in effect until July 1, 2003. The rate for each succeeding fiscal year (luly 1 through June 30) would be based on the Franchisee's gross revenue derived from calls for service within the City of Woodburn's city limits for the calendar year ended the previous December 31. The franchise fee will be calculated as one percent (1.0%) of the Franchisee's gross revenue earned in Woodburn. All ambulances in the City of Woodburn would be required to conform to the State of Oregon requirements of ORS Chapter 682 and be licensed for an Advanced Life Support (ALS) unit as IOA' EMT-Paramedic and one EMT-Basic. Grantee would equip all vehicles and with emergency radio communications. Grantee would maintain Comprehensive General Liability Insurance in the amount of $1,000,000 combined with a single !imit for bodily injury, and property damage. Grantee would provide a Certificate of Insurance idesignating the City of Woodburn as an additional insured. This Franchise could be[canceled or revoked by the City in the event that Grantee failed to abide by the terms, conditions! and obligations, Financial Implications: The franchise fees estimated under the draR franchise would be 25.8% higher than what is currently budgeted. Woodburn Ordinances IOA DRAFT ORDINANCE NO. AN ORDINANCE GRANTING WOODBURN AMBULANCE SERVICE, INC., A NON- EXCLUSIVE FRANCHISE TO OPERATE AN AMBULANCE SERVICE IN THE CITY OF WOODBURN; DEF~INING TERMS AND CONDITIONS OF SAID FRANCHISE; REPEALING ORDINANCE 2158; DECLARING AN EMERGENCY AND SETTING AN EFFECTIVE DATE. ! WHEREAS, 1the City of Woodburn has previously granted to Woodburn Ambulance Service,, Inc. a Franchise to operate an ambulance service within the corporate boundaries of the City; and WHEREAS, ORS 682.275 provides that a city may regulate ambulance services by ordinance; and WHEREAS, a city is authorized to franchise and charge carriers providing vehicles for hire, including the services of an ambulance, provided said carriers meet the standards of thle Marion County Ambulance Service Area Plan; and WHEREAS, The council determines it to be in the public's interest of health, safety, and welfare to provide for and regulate the use of ambulance services; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Title. This ordinance shall be known as the "Ambulance Service Franchise Ordinance". Section 2. policy and Purpose. The Council declares it to be in the public's interest of health, safety and welfare to provide for and regulate ambulance services within the City of Woodburn to: (1) Ensure effective and efficient emergency ambulance service to the citizens of Woodburn; and (2) Comply with the provisions of the Marion County Ambulance Service Area (ASA) Plan. Pursuant to ORS 682.275, this ordinance shall not be interpreted to require less than is required of Grantee by the applicable Oregon Revised Statutes and administrative rules. Any inconsistency between the provisions of this ordinance and Oregon state law shall be goverhed by Oregon state law. Page I - ORDII~IANCE NO. Woodburn Ordinances Section 3. Definitions. The words and phrases used in this ordinance shall have the meaning provided in ORS Chapter 682 unless specifically defined herein to have a different meaning. Other specific definitions include: (1) "ASA Plani" - The Marion County Ambulance Service Area Plan. (2) "City" - The City of Woodburn (3) "Franchise~" - A privilege granted by the City pursuant to this ordinance. (4) "Grantee"- The person granted a franchise pursuant to this ordinance. Section 4. anchise Granted. The City hereby grants unto Woodburn Ambulance Servicei Inc. the franchise, right and privilege, subject to such modifications as are thereinafter set forth, to operate an ambulance service within the corporate limits of the City of Woodburn, as such limits now exist or may hereafter be expanded. For the purpose ofithe franchise, Grantee shall have the right to use the public streets, alleys, public ways and places of the City to provide emergency transportation of persons suffering from illness, injury or disability. This Franchise is not exclusive, and the City reserves the right to grant a similar use of public streets, alleys, public ways and places to any other person at any time during the period of this Franchise, provided said person complies with the regulations of the ASA Plan and with Oregon state law. Section 5. Fre~nchise Term. The rights, privilege and Franchise herein granted shall be valid for a period of ten (10) years following the effective date, or until expiration of any franchise or designation of service area granted pursuant to the ASA Plan, whichever occurs first. If the ten year period described herein occurs first, the term of this franchise may be extended, by ordinance, to a subsequent date coinciding with the expiration of any franchise granted pursuant to the ASA Plan, provided that a finding is made by the City that Grantee has fully complied with the terms and provisions of this Franchise and remains in good standing in respect to any such franchise granted pursuant to the ASA Plan. Section 6. Ral~eS and Charges. Grantee shall furnish ambulance service within the corporate limits of the City of Woodburn as requested and required in a prompt, efficient and effective manner; and in accordance with rates and charges made to persons receiving ambulance service as approved by the City Council by separate resolution following ipublic notice and hearing. In determining the appropriate rates to be charged by Grantee, the City Council shall consider, but not be limited to: (1) The current and projected cost of providing such service; Page 2 - ORDINANCE NO. DRAFT Woodburn Ordinances (2) The impacts of operating and capital needs, regulatory compliance, and technological change; (3) The inv0stment and rate of return required of, or earned by, the Grantee; (4) The rates charged in other cities for similar service; (5) The public interest in assuring reasonable rates to enable the Grantee to provide effective and efficient services. Section 7. Compliance with Laws, Rules and Regulations. Grantee shall at all times comply with all applicable laws, rules and regulations of the United States of America, the State of Oregon, including all agencies and subdivisions thereof, and the City of Woodb~Jrn, having jurisdiction over the operation of ambulance services. Section 8. P~erf0rmance Bond (1) Upon the effective date of this Franchise, Grantee shall furnish proof of the posting of a performance bond running to City, with good and sufficient surety approved by City, in the penal sum of $50,000, conditioned that Grantee shall well and truly observei fulfill, and perform each term and condition of this Franchise. Grantee shall pay ell premiums charged for the bond, and shall keep the bond in full force and effect at all times throughout the term of this Franchise. The bond shall contain a provision that it shall not be terminated or otherwise allowed to expire without 30 days Prior written notice first being given to City. The bond shall be reviewed and apprtOved as to form by the City Attorney. (2) During the term of this Franchise, Grantee shall file with City a duplicate copy of the bond along with written evidence of payment of the required premiums. However, in no event shall City exercise its rights against the performance bond if a bona fide, good faith dispute exists between City and Grantee. Section 9. Revision of Rates and Fees. The rates provided in Section 6'hereof, and the administrative fee hereinafter provided in Section 10, may each be changed and revised, either upward or downward, after public notice and hearing before the City Council. Grantee is permitted to request a rate review and possible increases in rates annually, but the decision to grant or deny any changes in rates shall be made by the City Council only after all other provisions of this ordinance pertaining to rates and charges have been met. Section 10. Administrptive Fee. For the privilege of the Franchise herein granted, and as compensation for the City's ongoing costs of monitoring the Franchisee's activities, processing rate changes and investigating citizen complaints or inquiries, the Grantee shall pay to the City, through its Finance Director, a quarterly Page 3- ORDINANCE NO. DRAFT Woodburn Ordinances fee of $3,146, due and payable no later than thirty (30) days following the end of each calendar quarter. The first such payment, for the fourth calendar quarter of 2002, shall be due and payable no later than January 30, 2003, with subsequent payments under this section due and payable no later than thirty (30) days following the end of each suc~ceeding calendar quarter. This rate will be in effect until July 1, 2003. The rate for each succeeding fiscal year (July I tl~rough June 30) will be based on the Franch, isee's gross revenue derived from calls ~for service within the City of Woodburn s city limits for the calendar year endedthe previous December 31. The quarterly fee will be calculated as one percent (1.0%) of the Franchisee's gross revenue earned in Woodburn divided by four (4). To facilitate the City's ability to properly monitor this Franchise, Grantee shall furnish to the City'si Finance Director, no later than May 31st of each year, a detailed annual statement, signed by a Certified Public Accountant, outlining the nature of Grantee's revenues and expenditures during the preceding calendar year. If requested in writing by the Cit?, the Grantee shall, upon provision of reasonable advance notice, permit the City's Finance Director, or designee, to examine the books of the Grantee. Section 11. ~.mbulance and Equipment Required. All patient transporting vehicles in the City Of Woodburn shall conform to the State of Oregon requirements of ORS Chapter 682 and be licensed for an Advanced Life Support (ALS) unit as defined by The Oregon Administrative Rules. All ALS and BLS vehicles shall maintain the minimum equipment prescribed by state law, and as may be further required under the ASA Plan. Grantee shall provide a minimum of two (2) operable and properly equipped ALS Units at all times. Section 12. Emergency Radio Communications. Grantee shall equip all vehicles and comply with all emergency radio communications requirements of the ASA Plan or of the Intergovernmental Agreement creating the NORCOM emergency communications agency. Section 13. Levels of Care. All ambulances answering 9-1-1 emergency calls originating in the City of Woodburn shall be ALS Level, with minimum staffing of one EMT-Paramedic and one EMT-Basic. Staffing shall further conform to the requirements of state law. Section 14. Insurance. Grantee shall maintain in full force and effect at its own cost and expense, during the term of the Franchise, Comprehensive General Liability Insurance in the amount of $1,000,000 combined with a single limit for bodily injury, and p~operty damage. Grantee shall provide to the Finance Director a Certificate of Insurance designating the City of Woodburn as an additional insured. Such insurance shall be noncancellable except upon thirty (30) days prior written IOA' Page 4- ORDINANCE NO. DRAFT Woodburn Ordinances notice to the City. Section 15.i Business Hours. Grantee shall make available said ambulance services within th~ City 24 hours per day, seven days per week; and shall maintain a business office with reasonable office hours, open to the public at least five days per week, excluding holidays, within the corporate limits of the City of Woodburn. Section 16.i Record of Transport Calls. Grantee shall keep for five years a written record of ~11 transport calls received or made, setting forth the date, time, destination, natur~ of call, name and address of the patient so far as can be ascertained, the hpspital or place to which the patient was taken, the name of the ambulance driver, and the names of all ambulance attendants for that particular call, along with the a~ounts of charges billed or collected from any such transport or service. Section 171 Alternative Ambulance Service. The Woodburn Fire District, NORCOM, or any~other~ public safety officer may call an ambulance service other than the Grantee i~f Grantee's ambulances are otherwise in use and unavailable. Section 18. Transfer of Franchise. Grantee shall not sell, assign, dispose of or transfer in any manner whatsoever any interest in this Franchise, nor the controlling company of Grantee, without prior approval by the City expressed by resolution of its City Council. Section 19. Indemnity and Hold Harmless. Grantee shall defend, indemnify, and hold the City Of Woodburn, its officers, agents and employees, harmless against all liability, loss or expenses, including attorney's fees, and against all claims, actions or judgments based upon or arising out of damage or injury (including death) to persons or property caused by any act or omission or an act sustained in connection with the performance of Grantee under its Franchise. Section 20. Interruption of Service. Notwithstanding any requirements contained in the ASA Plan, in the event the City finds that failure or threatened failure of ambulance service would adversely impact the health, safety or welfare of the residents of this city, the City Council may, after a minimum of 24 hours notice to the Grantee, hold a public hearing and authorize another Franchisee or other person to provide ambulance service, whether it be on an interim emergency or longer term basis. As a condition to this Franchise, the Grantee agrees that any real property, facilities or equipment, which is the property of Grantee, may be used by the City to provide ambulance services during said situation, as determined by the findings of the City Council at the above-mentioned public hearing. The City shall return any such property of the Grantee upon abatement of the situation which prompted City use of such property. Page 5- ORDINANCE NO. DRAFT rT 1" ' IOA EXHIBIT "A" ACCEPTANCE OF FRANCHISE WHEREAS, the City of Woodburn, Oregon under date of Ordinance No. entitled as follows: AN ORDINAlX[CE GRANTING WOODBURN AMBULANCE SERVICE, INC., A NON-EXCLIdSIVE FRANCHISE TO OPERATE AN AMBULANCE SERVICE IN THE CITY ]OF WOODBURN; DEFINING TERMS AND CONDITIONS OF SAID FRANCIttISE; AND REPEALING ORDINANCE 2158; DECLARING AN EMERGENC~ AND SETTING AN EFFECTIVE DATE. passed NOW, THERE,'ORE, the undersigned, Woodburn Ambulance Service, Inc., the Grantee named in said Ordinanf:e does for itself and its successors and assigns unconditionally accept the terms, conditions and p~rovisions of Ordinance No. andagrees to be bound thereby and comply therewith. IN WITNESS WHEREOF, the Woodburn Ambulance Service, Inc. has caused this instrument to be execuled by its officer as below subscribed this day of 2002. " WOODBURN AMBULANCE SERVICE, INC. By: , Printed Name: Title: Received by the City of Woodburn, this __ CITY OF WOODBURN By: Printed Name: Title: day of ,2002. MEMO To~ From: Subject: Date: For Council Action, through the City Administrator Randy ScOtt, Senior Engineering Technician, through the Public Works Director,~,~ AcceptanCe of Utility Easement, 1550 N Pacific Highway (Safeway Retail Center) September 4, 2002 RECOMMENDATI, It is being recommend described on Attachm )N: ed that the City Council accept the attached Water Line Easement as ~nt "A" and the Utility Easement as described on Attachment "B". llA BACKGROUND: ~ The easements are be;g conveyed by Pacific Realty Associates, L.P. in Conjunction with the Safeway/Retail Cente~ located at 1550 N Pacific Highway. The water line easement is for a city maintained water mai~ traversing through the site. The Utility Easements is to be used for both franchised utilities ant1 a city maintained water main adjacent to both State Highways. Included as attachmeqt "A" and "B" is the properly signed Easements Included as Attachment "Al"and "B 1" is a map showing the boundary of the Easements, ATTACHMENT "A" ' llA WATER LINE EASEMENT KNOW ALL MIeN BY THESE PRESENTS, that PACIFIC REALTY ASSOCIATES, L.P., a Delaware limited partnership, for the consideration of One Dollar ($1.00) and other valuable consid, ~rations to them paid, the receipt whereof hereby is acknowledged, hereby do forever gr~tnt unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, a permanent, non-exclusive easement over and ~=long the full width and length of the property describe by metes and bounds on Exhib t A attached hereto and made a part hereof and as shown on the drawing attached hereto as Exhibit B and made a part hereof (the "Easement Area"), with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to the underground water line with all appurtenances incident thereto or necessary therewith, in, under and across the said Easement Area, and to cut and remove from said Easement Area any trees and other obstructions which may endanger the safety or interfere with the use of underground water line, or appurtenances attached or. connected therewith; and the right of ingress and egress to and over said above described Easement Area at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such underground water line is constructed, maintained, replaced, reconstructed or removed, or added to, restore the Easement Area of the Grantors, and any improvement disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. THE GRANTORS, heirs and assigns, tenants, licensees, permittees and invitees reserve the right to use the Easement Area for slopes, water, gas, electric and communication service lines, highway fixtures and facilities, walkways, driveways, parking, planting, and related purposes, and all utility facilities shall be at a depth consistent with these purposes. EXCEPTION: No building structure Page I o~2 ATTACHMENT "A" llA shall be placed within the easement, or within 45° projection upward from the bottom of the pipe. PACIFIC REALTY ASSOCIATES, L.P., Delaware limited p{artnership a By: Pacific Realty, Ir~c., a Delaware corporation, its General Partner Name Title Accepted by the Woodburn City Council on ,2002 By. Mary Tennant, City Recorder City of Woodburn, Oregon STATE OF OREGON ) ) ss COUNTY OF Washin0ton ) · On this the cj-H~ day of ~ _, 2002, bef.~ore me .a Notary Publi_c. in and for~e Cou._u._u._u._u._u._g~ty an--'-d~,sljate personally a~3peared ~ ~/,"¢__.z.z.~ /~ ~ .J~,~-- ~ , me ~/ff_~- -]*"~"-¢~ ~--~ of PacTrust Realty, Inc., a Dela, war. e corp.oratio.n, general partner of Pacific Realty Associates, L.P., a Delaware limited partnersnip, Known to me to be the same person whose name is subscribed to the within instrument and acknowledged that he voluntarily executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. FOR O REG~)_N,,...-F My Commission Expires: Pa~e 2d2 ATTACHMENT "A" ' II:A, ALF'ItA ENGINEERING. INC. LEGAL DESCK[PTION AUGUST 6, 2002 JOB NO. 381-019 WATERLINE EASEME~qT TO CITY OF WOODBURN TWO PARCELS OF ~AND LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 8, TOWNSHIp 5 SOUTH, RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN, CITY OF WOODBURN, MARION COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLL~)WS: PARCEL 1 BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WOODBURN- MOLALLA ROAD (STATE HIGHWAY NO. 211), SAID POINT BEING A POINT ON THE EAST LINE OF THE PROPERTY DESCRIBED IN DEED REEL 1650, PAGE 651, MARION COUNTY DEED RECORDS, FROM WHICH THE CENTERLINE I/qTERSECTION OF SAID ROADWAY WITH PACIFIC HIGHWAY (U.S. 99E) BEARS NORTH 04° 29' 39" WEST 25.16 FEET AND NORTH 88° 06' 42" WEST 614.13 FEET; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE, SOUTH 00° 09' 17" EAST, 347.31 FEET; THENCE SOUTH 33° 10' 59" WEST, 64.90 FEET; THENCE SOUTH ~6° 49' 01" EAST, 5.00 FEET; THENCE SOUTH 33° 10' 59" WEST, 17.83 FEET; THENCE NORTH 56° 49' 01" WEST, 5.00 FEET; THENCE SOUTH 33° 10' 59" WEST, 56.37 FEET; THENCE SOUTH 56° 49' 01" EAST, 10.00 FEET; THENCE SOUTH 33° 10' 59" WEST, 41.46 FEET; THENCE NORTH 56° 49' 01" WEST, 10.00 FEET; THENCE SOUTH 33° 10' 59" WEST, 78.86 FEET; THENCE SOUTH 77° 59' 59" WEST, 63.07 FEET; THENCE NORTH 57° 00' 01" WEST, 220.45 FEET; THENCE ON THE ARC OF A 197.00 FOOT RADIUS CURVE TO THE LEFT, BEING CONCAVE SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 31° 13' 52", 107.38 FEET (CHORD BEARS NORTH 72° 36' 56" WEST, 106.06 FEET); THENCE NORTH 88° 13' 52" WEST, 286.27 FEET; THENCE SOUTH 01° 46' 08" WEST, 21.91 FEET; THENCE NORTH 88° 13' 52" WEST, 28.78 FEET; THENCE NORTH 76° 41' 55" WEST, 8.79 FEET; THENCE NORTH 12° 40' 47" WEST, 12.15 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF PACIFIC HIGHWAY (U.S. 99E); THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 42° 42' 49" EAST, 59.10 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 83° 52' 42" EAST, 15.19 FEET; THENCE SOUTH 01° 46' 08" WEST, 22.35 FEET; THENCE SOUTH 88° 13' 52" EAST, 109.51 FEET; THENCE NORTH 01° 46' 08" EAST, 9.50 FEET; THENCE SOUTH 88° 13' 52" EAST, 16.00 FEET; THENCE SOUTH 01° 46' 08" WEST, 9.50 FEET; THENCE SOUTH 88° 13' 52" EAST, 147.40 FEET; THENCE ON THE ARC OF A 213.00 FOOT RADIUS CURVE TO THE RIGHT, BEING CONCAVE SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 31° 13' 52", 116.10 FEET (CHORD BEARS SOUTH 72° 36' 56" EAST, 114.67 FEET); THENCE SOUTH 57° 00' 01" EAST, 213.82 FEET; THENCE NORTH 77° 59' 59" EAST, 49.85 FEET; THENCE NORTH 33° t0' 59" EAST, 248.04 FEET; THENCE NORTH 00° 09' 17" WEST, 343.09 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID WOODBURN-MOLALLA ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 88° 06' 42" EAST, 16.01 FEET TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 22,727 SQUARE FEET. Plaza West · Suite 230 · 9600 SW Oak · Portland, Oregon 97223 Office 503-452-8003 · Fax 503452-8043 · www.alpha-eng.com · T T ATTACHMENT "A" 11A PARCEL 2 BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WOODBURN~ MOLALLA ROAD (STATE HIGHWAY NO. 211), WHICH POINT BEARS NORTH $8° 06' 42" WEST 32.90 FEET, SOUTH 89° 46' 46" WEST 83.05 FEET, AND SOUTH 86° 10' 12" WEST 64.40 FEET, FP~M THE POINT OF BEGINNING OF PARCEL 1; THENCE ALONG SAID SOUTH RIGHT~OF-WAY LINE, NORTH 86° 10' 12" EAST, 20.00 FEET; THENCE SOUTH 03° 49' 48" EAST, 25.59 FEET; THENCE SOUTH 86° 10' 12" WEST, 20.00 FEET; THENCE NORTH 03° ~9' 48" WEST, 25.59 FEET TO THE POINT OF BEGINNING. CONTAINING APPRO~4ATELY 512 SQUARE FEET. THE BASIS OF BEARINGS OF THIS DESCRIPTION IS MARION COUNTY SURVEY NO. 34,642. REGISTERED PROFESSIONAL S 01'46'08" W 21.91' S 01'46'08" W 22.35' 5~1,'46'0~" £ S 01'46'08" W 9.50' S 03'49'4B" E · 25,59' Co · .~ 343.09' z 25.00'_ N 04'29'39" 347. DESIGNED BY DRAWN BY eL~c REVIEWED BY SCALE J"= ~00' PROJECT NO. DATE DATE 8/o5/~2 DATE 58! IgVd. ESMT. DWG ~ ]3Z~lO~O PLANNING · D~'VEM)PUEN'I' ~-RVI~I~ & BURYL'YING Olflf~C~ S0,3-45~-800~ & IfAX 603-46~-8043 PI,AZ& I~'&~Jrr~ ~O&~O0 Blf OAK&PORI'I, AND.OR G~F~.~ T T ATTACHMENT "B" llA UTILITY EASEMENT KNOW ALL MIeN BY THESE PRESENTS, that PACIFIC REALTY ASSOCIATES, L.P., a Delaware limi~ted partnership, for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, OregOn referred to herein as the CITY, a permanent right-of-way and easement over and along the full width and length of the property describe by metes and bounds on Exhibit A attached hereto and made a part hereof and as shown on the drawing attached hereto as Exhibit B and made a part hereof, with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, utility pipeline or pipelines, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such utility facility is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvement disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. THE GRANTORS, heirs and assigns, reserve the right to use the premises for slopes, water, gas, electric and communication service lines, highway fixtures and facilities, walkways, driveways, planting, and related purposes, and all utility facilities shall be at a depth consistent with these purposes. EXCEPTION: No building structure Page I o~2 'F T ATTACHMENT "B" ' I'IA' shall be placed within the easement, or within 45o projection upward from the bottom of the pipe. PACIFIC REALTY Al a Delaware limited p~ By: Pacific Realty, In~ corporation, its G Name ' Title 't/ ;SOCIATES, L.P., rtnership ;., a Delaware 9neral Pa(tner Accepted by the Woodburn City Council on ,2002 STATE OF OREGON i ) ~ ) SS COUNTY OF WashingtOn ) By. Mary Tennant, City Recorder City of Woodburn, Oregon On this the ~ day of ~ . . , 2002, b~efore~ me a Notary Public in and for the C~ounty a.n~d ~tat, e pers~)n~lly appeared ~ ~. ~ , the ?/,~/,,(,e_ f'~ of PacTrust Realty, Inc., a Delaware corporation, · I general partner of Pacific Realty Associates, L.P., a Delaware limited partnership, known to me to be the same person whose name is subscribed to the within instrument and acknowledged that he voluntarily executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my ha~ a~~ea,~ ~t/~~~¢/. ~/'~. NOTARY P~LI(~ FOR OREGON My Commission Expires: ~'/~_/t9 ~' ~Odxnt ra..~.e~tAn~ewJ~,~,dce/ea~e.doc Page 2o~2 EXHIBIT A ATTACHMENT "B" A PARCEL OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER Of SECTION 8, TOWNSHIP 5 SOUTH, RANGE 1 WEST, ,WILLAMETTE MERIDIAN, CITY OF WOODBURN, MARION COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 10.00 FOOT WIDE STRIP OF LAND, RIGHT ANGLE MEASURE, THE NORTHERLY AND WESTERLY BOUNDARIES OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY LiNE OF WOODBURN-MOLOLLA ROAD, STATE HIGHWAY NO. 211, SAID POINT BEING THE NORTHEASTERLY CORNER OF THE PROPERTY DESCRIBED IN DEED REEL 1650, PAGE 651, MARION COUNTY DEED RECORDSi THENCE ALONG SAID SOUTH LINE SOUTH 88006'42" EAST, 32.90 FEE~; THENCE LEAVING SAID SOUTH LINE SOUTH 89°46'46" WEST, 83.05 FEET; THENCE SOUTH 86°10'12'' WEST 168.12 FEET; THENCE 104.89 FEET ALONG A 758.64 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST, THE RADIUS POINT OF WHICH BEARS NORTH 01°10'12" EAST, THROUGH A CENTRAL ANGLE OF 07°55'17'', THE CHORD OF WHICH BEARS NORTH 8~°52'10" WEST, 104.80 FEET TO A POINT OF REVERSE CURVATURE; TH~ENCE 78.21 FEET ALON,? ,A,, ?93.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 04 06 00, THE CHORD OF ~W~-'I, ICH BEARS NORTH 82°57'31" WEST, 78.19 FEET; THENCE SOUTH 78° 11 51" WEST, BEING NON-TANGENT TO PREVIOUS COURSE, 89.02 FEET; THENCE SOUTH 41~7° 16' 14" WEST, 36.90 FEET; THENCE SOUTH 33°45'05'' WEST, 153.13 FEET TO A POINT OF CURVATURE; THENCE 67.45 FEET ALONG A 503.95 ~FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 07°40'05", THE CHORD OF WHICH BEARS SOUTH 37°35'08" WEST, 67.40 FEET TO A POINT OF REVERSE CURVATURE; THENCE 65.49 FEET ALONG A 490.14 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 07°39'21'', THE CHORD OF WHICH BEARS SOUTH 37°35'30'' WEST, 65.44 FEET; THENCE SOUTH 33°45'49" WEST, 65.67 FEET TO A POINT OF CURVATURE; THENCE 64.38 FEET ALONG A 45.51 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 81°03'00'', THE CHORD OF WHICH BEARS SOUTH 06°45'41" EAST, 59.14 FEET; THENCE SOUTH 42°42'49'' WEST, 59.10 FEET TO A POINT OF NON- TANGENT CURVATURE; THENCE 27.37 FEET ALONG A 22.97 FOOT RADIUS CURVE CONCAVE SOUTHERLY, THE RADIUS POINT OF WHICH BEARS SOUTH 12°02'12" WEST, THROUGH A CENTRAL ANGLE OF 68°16'25" THE CHORD OF WHICH BEARS SOUTH 67°53'58" WEST, 25.78 FEET; THENCE SOUTH 33°45'45" WEST, 49.29 FEET; THENCE SOUTH 36°37'01'' WEST, 25.93 FEET TO A POINT OF CURVATURE; THENCE 85.35 FEET ON A 1023.25 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 04°46'45", THE CHORD OF WHICH BEARS SOUTH 39°00'23" WEST, 85.33 FEET, TO THE SOUTH LINE OF SAID PROPERTY, AND THE POINT oF TERMINUS OF THIS DESCRIPTION. THE SIDELINES oF SAID STRIP TO BE LENGTHENED OR SHORTENED TO BEGIN AT THE EAST LINE OF SAID PROPERTY AND END AT THE SOUTH LINE OF SAID PROPERTY. THE BASIS OF BEARING FOR THIS DESCRIPTION IS MARION COUNTY SURVEY NO. 34642. !lA I mr~ m &~ DESIGNED BY DATE DRAWN BY ~ DATE 12//8/01 REVIEWED BY i DATE,~ SCALE 1' - IF)O' Rev 2.2&oJ PROJECT NO. ~lll-ofg BEF/'I~o To: From: Subject: Date: MEMO For Council Action, through the City Administrator Randy Scott, Senior Engineering Technician, through the Public Works Director4Kn5 Acceptance of Utility Easement, ! 510 N Pacific Highway (Jehovah's Witness) September 4, 2002 liB RECOMMENDATIQN: It is being recommended that the City Council accept the attached Utility Easement as described on Attachment "A'. BACKGROUND: The utilitiy easemem is being conveyed by Woodbum Assembly Hall of Jehovah's Witness 1510 N Pacific Highway. Tl~e easement is for the extension of a water main in conjunction with the Safeway/Retail Center! The Utility Easement will also be used for franchised utilities. Included as attachment "A" is the properly signed Utility Easement Included as Attachment "B" is a map showing the boundary of the Utility Easement, ATTACHMENT "A" · ll.B, UTILITY EASEMENT KNOW ALL ~EN BY THESE PRESENTS, that WOODBURN OREGON ASSEMBLY HALL OF JEHOVAH'S WITNESSES, an Oregon non-profit corporation, for the consideration of O~e Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof he ~eby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Muni(;ipal Corporation of Marion County, Oregon referred to herein as the CITY, a permaner~t right-of-way and easement over and along the full width and length of the property ~escribe by metes and bounds on Exhibit A attached hereto and made a part hereof a~)d as shown on the drawing attached hereto as Exhibit B and made a part hereof, v4th the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, utility pipeline or pipelines, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such utility facility is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvement disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. THE GRANTORS, heirs and assigns, reserve the right to use the premises for slopes, water, gas, electric and communication service lines, highway fixtures and facilities, walkways, driveways, planting, and related purposes, and all utility facilities shall be at a depth consistent with these purposes. EXCEPTION: No building structure ATTACHMENT "A" shall be placed within the easement, or within 45° projection upward from the bottom of the pipe. WOODBURN OREGON ASSEMBLY HALL OF JEHOVAH'S WITNESSES, an Oregon non-profit corporation Name Title Titlek.~ Accepted by the Woodburn City Council on ., 2002 By. Mary Tennant, City Recorder City of Woodburn, Oregon liB STATE OF OREGON ) ) ss COUNTY OF Wash!ngton ) On this the 2/~ ~/"day of April,.2.002, before me a Notary Public in and for the County and State personally appeared ~ ,~~ ~ , the of Woodbum Oregon AsSembly Hall of Jehovah's Witnesses, an Oregon non-profit corporation, personally known to me or proved lo me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the Within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf ,of which the person(s) acted, executed the instrument. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PU~IC FOR OREGON OFFICIAL SEAL CINDY A. CARDEN NOTARY PUBLIC-OREGON My Commission Expires: May 25, 2004 ATTACHMENT "A" STATE OF OREGON COUNTY OF Washington On this the Z-~C'~ay of 1 appeared ~P_z~ 22/'; of Woodburn Oregon Ass~ known to me or proved t( ) ) ss ) ¢,ril, 2002, before me a Notary Public in and for the County and State personally ¢' 4::~,¢//~,,~,~' ,the ;mbly Hall of Jehovah s Witnesses, an Oregon non-profit cor'Coration, persona ly ~ me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the wi thin instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf (~f which the person(s) acted, executed the instrument. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PU~f..IC FOR OREGON ,~i -"-~':~'., c~ My Commission Expires: May 25, 2004 ~1~ ~,'~\~.T~'~/~; NOT^F [:)Y A. CARDEN Y_PUBLIC-OREGON i* %'-"' '~:' COMIV I_SSION NO. 334§~1-' ~'~ ,~ ........ 1MISSION · lib. - liB ATTACHMENT "A" PAGE I OF 2 A PARCEL OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF WOODBURN, MARION COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE WILLAMETTE VALLEY ASSEMBLY HALL OF JI~HOVAH'S WITNESSES PROPERTY AS DESCRIBED IN DEED RECORDED JANUARY!B, 1976 IN REEL 47, PAGE 431, DEED RECORDS OF SAID MARION COUNTY, ORI~GON; FROMoW.H, IC~H. POINT THE NORTHWEST CORNER OF SAID PROPERTY DEAl, S.NORTH 88 13 52 WEST, 33.30 FEET, SAID NORTHWEST CORNER LOCATED 44~.00 FEET, RIGHT ANGLE MEASURE, SOUTHEASTERLY OF CENTERLINE STATION 1678+36.75 OF PACIFIC HIGHWAY (U.S. 99E); THENCE LEAVING SAID NORTH LINE, ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST WHOSE RADIUS POINT BEARS NORTH 48°39'32" WEST 1024.23 FEET; TlflENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°51'07" AN ARC DISTANCE OF 15.23 FEET (LONG CHORD BEARS SOUTH 41046'0~" WEST 15.23 FEET) TO A POINT OF CURVATURE OF A CURVE TO THE LEFT. HAVING A RADIUS OF 2.83 FEET; THENCE SOUTHERLY ALONG SAID CURVE TC THE LEFT THROUGH A CENTRAL ANGLE OF 134°21'59" AN ARC DISTANCE OF 6.6: FEET (LONG CHORD BEARS SOUTH 24°59'24" EAST 5.21 FEET); THENCE NORTF 87°49'36" EAST 2.00 FEET; THENCE SOUTH 02°10'24" EAST 8.00 FEET; THENCE S()UTH 41°32'48" WEST 49.76 FEET TO A POINT OF NON- TANGENT CURVE CONCAVE TO THE SOUTH WHOSE RADIUS POINT BEARS SOUTH 08°21'07. WEST 29.57 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 55°41'35" AN ARC DISTANCE OF 28.74 FEET (LONG CHORD BEARS SOUTH 70°30'19" WEST 27.62 FEET); THENCE SOUTH 42°39'32" WEST 27.48 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 976.16 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 04°54'18" AN ARC DISTANCE OF 83.57 FEET (LONG CHORD BEARS SOUTH 40°12'25" WEST 83.54 FEET) TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE PACIFIC HIGHWAY (U.S. 99E) AT A POINT 44.00 FEET RIGHT ANGLE MEASURE OPPOSITE ENGINEER'S STATION 1680+23.80; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, SOUTH 56°14'15" EAST, 10.02 FEET TO A POINT OF NON-TANGENT CURVATURE WHOSE RADIUS POINT BEARS SOUTH 52°12'15" EAST, 966.16 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE CONCAVE TO THE SOUTHEAST THROUGH A CENTRAL ANGLE OF 04°51' 49" AN ARC DISTANCE OF 82.02 FEET (LONG CHORD BEARS NORTH 40°13'40" EAST, 81.99 FEET); THENCE NORTH 42°39'32" EAST, 27.48 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 19.57 FEET; THENCE NORTHEASTERLY ALONG. SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 70°27'15" AN ARC DISTANCE OF 24.06 FEET (LONG CHORD BEARS NORTH 77°53'09" EAST, 22.57 FEET); THENCE NON-TANGENT ATTACHMENT "A" PAGE 2 OF 2 TO PREVIOUS COURSE NORTH 41" 32' 48" EAST, 59.95 FEET; THENCE NORTH 02"10'24" WEST, 16.921FEET; THENCE NORTH 4101555"'' EAST, 13.74 FEET TO A POINT ON SAID NORT~ LINE OF THE WILLAMETTE VALLEY ASSEMBLY HALL OF JEHOVAH'S WITNESSE~E PROPERTY; THENCE NORTH 88013'52" WEST ALONG SAID NORTH LINE 12.93 FEE'] TO THE POINT OF BEGINNING. THE BASIS OF BEARIN(~S FOR THIS DESCRIPTION IS MARION COUNTY SURVEY No. 34642. 'r ATTACHMENT "B" DELTA= 00'51 '07" R=1024.23 L=IS. 2Y LC=S41'46'01 "W 15.23' BASIS OF BEARINGS: SN. 54642 50' 0 50' / SCALE'. 1'= 50' DELTA--04'54'18" R=976.16 L=83.57' LC=S40'12'25"W 83.54' ~-04'51'49' R=966.16' L=82.02' LC=N40.13'40'E. / pPOINT OF BEGINNING ARCEL 1 / POINT OF BEGINNING PARCEL 2 " N 88'15'52' W DELTA=134'21'59" R=2.85 L=6.63' LC=S24'59'24'E 5.21' llB ~: 'o--~,,, N87'49'36"E o.% 2.00' JTILITY EASEMENT Z ~ROPOSED R/W PARCEL 2 .~ ~-70'27'15" R=19.57' L=24.06' DELTA=55'41"35" LC=S77'53'O9'W, R=29.57 22.57' L=28.74" LC=S70'30'19'W 27.62' 81.99' TAX LOT 300 DEED REEL 47/PG.431 ("'P~ E'SE 1/4 SEC. 8, T. 5 S., R. 1 W., W.M. SK E TC.__H TO JEH OV__A_H_'S .38119EXH.DWG ACCOMPANY LEGAL WITNESS PARCEL 03.05.02 RI_Mc DESCRI______PTION ~ ; T T Woodburn Fire District 1776 Newberg Hwy Woodbum, OR 97O71 · Phone: (503) 982-2360 August 30, 2002 Dick Jennings, Mayor City of Woodbum 270 Montgome~j St Woodbum, OR 97071 Dear Mayor Jennings On behalf of the Woodb[Im Fire District I would like to invite you join our board on a tour of the Regional Fire Training Facility in Brooks. You are welcome to invite other interested City Officials as well. The tour will be added to the regular board meeting on September 10th, 2002. The Board meeting begins at 7:30 p.m. followed by the tour at the Brooks facility at 8:00 p.m. If you would like further information, feel free to contact Chief Hendricks or myself at the Fire District. Sincerely, Don Alleckson Operations Captain Woodbum Fire District Quality & Caring Service