Agenda - 05/10/2004WOODBURN CITY COUNCIL
AGENDA
MAY 10, 2004 - 7:00 P.M.
CALL TO ORDER AND FLAG SALUTE
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ROLL CALL
ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. The Budget Hearing will be held on May 15, 2004 at 9:00 a.m. in
the City Hall Council Chambers.
There is a vacancy on the Recreation and Park Board. If you
are interested in serving on this board, please call City Hall at
982-,5228 for an application.
There is a vacancy on the Planning Commission. If you are
interested in serving on this commission, please call City Hall at
982-5228 for an application.
De
There are openings on the Youth Council. If you are interested
in serving on the Youth Council, please call City Hall at 982-
5228 for an application.
Appointments:
None.
PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
None.
"Habr~ int~rpretes i)isponib[es para aq~[[as perso.as q~e no ~[a. Ing[~s/previo at,ergo. Comwniq~ese
a[ (5o3) 98o-z485."
May 1 O, 2004 Council Agenda Page i
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COMMITTEE REPORTS
A. Chamber of.Commerce
B. Woodburn Downtown Association
COMMUNICATIONS
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None.
BUSINESS FROM THE PUBLIC (This allows the public to introduce items
for Council consideration not already scheduled on the agenda.)
CONSENT AGENDA - Items listed on the consent agenda are considered
routine and may be enacted by one motion. Any item may be removed
for discussion at the request of a Council member.
ke
Woodburn City Council minutes of April 26, 2004, regular and
executive sessions
Recommended Action: Approve the Woodburn City Council
minutes.
Be
Woodburn Community Center Task Force meeting notes of
May 3, 2004
Recommended Action: Accept the Woodburn Community
Center Task Force meeting notes.
C. Woodburn Memorial Aquatic Center Revenue Comparison
Recommended Action: Receive the report.
D. Woodburn Recreation and Parks Teen Scene Report
Recommended Action: Receive the report.
Ee
Woodburn Recreation and Parks Recreation Division Program
Participation Report
Recommended Action: Receive the report.
Building Activity for April 2004
Recommended Action: Receive the report.
G. Planning Project Tracking Sheet dated May 4, 2004
Recommended Action: Receive the report.
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9. TABLED BUSINESS
None.
May 10, 2004 Council Agenda Page ii
10. GENERAL BUSINESS
kJ
Council Bill No. 2508 - Resolution certifying the eligibility of the
City of Woodburn to receive state-shared revenues during
fiscal year 2004-0.5
Recommended Action: Adopt the resolution.
Bid Award for Removal of House at 828 Parr Road
Recommended Action: Award City of Woodburn Bid Number
2004-04 for sale and relocation of a single family residence to
Emmert International for $317.00.
Ce
Contract Award for Settlemier Park Fence Replacement
Recommended Action: Award contract for replacement of
chain link fence located at Settlemier Park to the Iow bidder,
Security Fence, for $7,397.00.
De
Contract Award for Demolition of House
Recommended Action: Award contract for removal of the
house located at 1060 Mount Hood Avenue to the Iow bidder,
De-Constructors Inc., for $5,500.00.
Ee
Easement Acquisition for Boones Ferry Road Project
Recommended Action: Authorize the City Administrator to
sign the Easement Agreement with Woadburn Grange No. 79
presented to Council and that Council accept the Permanent
Utility Easements from the Woodburn Grange No. 79.
Fe
Settlement Agreement with Emery Construction
Recommended Action: To obtain a release from suit
associated with construction of the Mill Creel< pump station:
authorize the City Administrator to execute a settlement
agreement With Emery & Sons Construction, Inc. and LZB, Inc.;
and forward a settlement payment in the amount of $5,000 to
Emery & Sons Construction, Inc.
GJ
Award of Construction Contract - Woodburn Association
Building Fac;ade Improvements (347 Front St.)
Recommended Action: Award contract for Woodburn
Association Building Facade Improvements (347 Front St.), Bid
No. 2004-020-29, to lowest responsible bidder, D. G. S.-
General Construction, Inc., in the amount of $147,500.00.
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May 10, 2004
Council Agenda
Page iii
11.
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Council Bill No. 2509 - Resolution authorizing the transfer of
operating contingency appropriations during fiscal year
2003-04
Recommended Action: Adopt the resolution.
PUBLIC HEARINGS
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12.
13.
14.
15.
16.
17.
None.
PUBLIC COMMENT
NEW BUSINESS
PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS -
These are Planning Commission or Administrative Land Use actions
that may be called up by the City Council.
A. Community Development Director's Approval of Design Review
04-05 (347 N. Front Street)
Be
Community Development Director's Approval of Zoning
Adjustment 04-03 (877 Hazelnut Drive)
CITY ADMINISTRATOR'S REPORT
MAYOR AND COUNCIL REPORTS
EXECUTIVE SESSION
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45
18.
None.
ADJOURNMENT
May 10, 2004
Council Agenda
Page iv
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COUNCIL MEETING MINUTES
APRIL 26, 2004
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, APRIL 26, 2004.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0015. ROLL CALL.
Mayor Figley Present
Councilor Bj elland Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallum Present
Councilor Nichols Present
Councilor Sifuentez Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Community Development Director Mulder, Deputy Police Chief Youmans,
Public Works Manager Rohman, Park & Recreation Director Westrick, Recorder Tennant
0054
ANNOUNCEMENTS.
Board/Commission Vacancies: Mayor Figley stated that the Recreation and Park Board,
Library Board, and Planning Commission each have a vacancy and citizens interested in
serving in any one of these positions are asked to call the Mayor's office at City Hall to
obtain an application form.
City Budget Workshop will be held on Tuesday, April 27th, 7:00 p.m., City Hall Council
Chambers, to discuss the Capital Improvement Plan.
Open House on Periodic Review Amendments and Urban Growth Boundary
Expansion will be held on April 29, 2004, 5:00 pm to 7:00 pm, in the City Hall Council
Chambers.
"Mother's Day Spa Day" will be held at the Aquatic Center on May 2, 2004 from 1:00
pm until 4:00 pm.
0165
PROCLAMATION: POLICE MEMORIAL WEEK.
Mayor Figley proclaimed the week of May 9-15, 2004 as Police Memorial Week and May
15, 2004 as Peace Officers' Memorial Day within the City. She urged local citizens to
join in local and national ceremonies to honor law enforcement officers who have
provided dedicated service to their communities in safeguarding the rights and security of
all citizens.
0298
PROCLAMATION: MENTAL HEALTH AWARENESS.
Mayor Figley also proclaimed the month of May 2004 as The Month of Mental Health
Awareness and the week of May 2-8, 2004 as Mental Health Counseling Week in
Page 1 - Council Meeting Minutes, April 26, 2004
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COUNCIL MEETING MINUTES
APRIL 26, 2004
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Woodbum and urged citizens to support of this program by purchasing a Mental Health
Awareness postage Stamp and promoting positive mental health.
04!q
PRESENTATION: LIVABILITY TASK FORCE PROPERTY PRIDE AWARD
TO UNITED DISPOSAL SERVICE, INC..
Mayor Figley presented United Disposal Service Inc. with the Livability Task Force
Propexty Pride award for their continued promotion of livability within Woodbum by
providing weekly downtown trash pick-up, their role in the spring and fall clean-ups, their
annual yard debris clean-up, and recycling program.
Councilor McCallum, representing the Livability Task Force, extended his
congratulations to United Disposal Service Manager Bob Sigloh for the company's
efforts in making Woodburn a better place to live.
Bob Sigloh thanked the Livability Task Force, Mayor, and Council for the recognition
award.
053~
PRESENTATION: A.W.A.R.E. FOOD BANK CONTRIBUTION.
Gary Lawhead, MacLaren Superintendent, stated that February was the Governor's
Annual Food Drive Month and, as a result, MacLaren School donated 12,720 lbs of food
to the A.W.A.R.E. Food Bank.
Nancy Stone, Director of the A.W.A.R.E. Food Bank, expressed her appreciation to
MacLaren School for their continued support of their program. She stated that the Food
Bank looks forward to the Food Drive in February since the Food Bank has less food
available for distribution in January and February due to the amount of food distributed
during the holidays. This year, MacLaren gave over $2,000 to the Food Bank.
pRESENTATION: CERTIFICATE OF ACCOMPLISHMENT TO GARY
LAW_HEAD.
Mayor Figley presented Gary Lawhead with a Certificate of Accomplishment for his
outstanding contributions to the community through his efforts on the annual Food Drive
and spring / fall cleanups. She reiterated that her appreciation is extended to the
MacLaren staff and students for their work but the Certificate is being awarded to extend
her personal thanks to Mr. Lawhcad £or his community service.
0740
Richard Jennings, 595 Filbert St., congratulated Frank Lonergan on his appointment to
the Council. He also announced that the Emerald Empire Bassett Hound Fanciers,
Woodbum Recreation & Parks Department, Woodburn Company Stores, former Mayor
Jennings, and current Mayor Figley will be presenting the first annual Bassett Hound
games in Woodburn on July 18, 2004. For many years these games were held in
Lebanon but were discontinued in 2003. As a result, he and Mayor Figley have been
working on getting this event held in Woodburn. The games will be held at Legion Park
and attendees are being encouraged to come early and stay longer thereby patronizing our
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COUNCIL MEETING MINUTES
APRIL 26, 2004
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City's motels, visiting the outlet mall and the community, and visiting our local
restaurants. More information will be available as the games draw near and event
organizers will be looking for volunteers to help with this event. He also presented
Mayor Figley with a T-shirt publicizing this event and stated that a number of these T-
shirts have already been sold in California.
Mayor Figley stated that there is a small charge to bassett hound owners that want to have
their bassett hound participate in the games but the event is free to everyone else
attending the event.
108~
CHAMBER OF COMMERCE REPORT.
Jeanne Hahn, representing the Chamber Board, updated the Council on scheduled
Chamber activities through mid-May 2004.
1) Greeter's Program will be meeting at the following locations between 7:30 am and
9:00 am:
April 30th - Courtyard Cafe
May 7~' - Bratton & Associates
May 14th - American Diagnostics of Woodbum
2) Business After Hours will be held on May 13th from 5:00 pm to 7:00 pm at Perfect
Image Git~ Shop located in the Woodbum Crossing Shopping Center.
3) Chamber Forum Luncheon will be held on Wednesday, May 19th, at the Tukwila
Center for Health and Medicine from 12:00 noon to 1:00 p.m.. This month's feature
event will be the 3ra Annual Project Leadership Youth Graduation ceremony.
She presented the Council with copies of the new Chamber tourism brochures along with
office statistics through March 2004. It was noted that the total number of contacts made
is up by approximately 10,000 from last year.
1284
WOODBURN DOWNTOWN ASSOCIATION (WDA) REPORT.
Mary Lou Comejo, WDA Vice President, stated that the WDA annual dinner raised over
$5,000 which will help their organization with expenses relating to the downtown
lighting project and other downtown projects. Over the years, the WDA has really grown
with much more to offer and she urged the Council and community to visit the downtown
businesses. They envision the downtown area to be vibrant and visited by local residents
and tourists thereby impacting the way of life in a positive manner. She also thanked the
Police Department for stepping up their efforts in the downtown area to try and eradicate
those unwanted elements so that everyone who comes to the downtown area will feel
safer in addition to having a good time.
She reported that the WDA did have a float in the April 17~ Tulip Festival parade. She
also thanked the Mayor and Council for their added support in the numerous events being
held in the downtown area. The next event is scheduled for May 9th to celebrate Mother's
Day.
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APRIL 26, 2004
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Mayor Figley added that the events have been quality events and she has enjoyed
attending these events.
1681
CONSENT AGENDA.
A) approve Council minutes of April 12, 2004;
B) accept the Recreation and Park Board minutes of April 13, 2004;
C) accept the Planning Comminutes minutes of April 8, 2004;
D) accept the Library Monthly Report for March 2004; and
E) accept the Claims for March 2004.
MCCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion
passed unanimously.
1744
COUNCIL BILL NO. 2506 - RESOLUTION ENTERING INTO GRANT
AGREEMENT NO. 21575 WITH THE STATE OF OREGON (Funding Assistance
for new Paratransit Van}.
Council Bill 2506 was introduced by Councilor Sifuentez. Recorder Tennant read the bill
by title only since them were no objections from thc Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Figley declared Council Bill 2506 duly
passed.
1808 COUNCIL BILL NO. 2507 - RESOLUTION AUTHORIZING EXTENSION OF
CONTRACTUAL SERVICES AGREEMENT WITH HUGGINS INSURANCE
SERVICES, INC., AS THE CITY'S INSURANCE AGENT OF RECORD.
Councilor Sifuentez introduced Council Bill 2507. The bill was read by title only since
there were no objections from the Council.
Councilor Cox questioned if the agent receives significantly less in an actual payout as a
result of commissions they receive on insurance they write for the City.
Recorder Tennant stated that for most of the City's coverage, the City has made
arrangements for a directly written account and the premium paid does not include a
commission. We do have a couple of small policies that cover specific insurance needs
in which the insurance company does pay our Agent a commission and, in those cases,
the commission is deducted from the annual fee.
Councilor McCallum questioned if the City would be soliciting proposals at the end of
the two year period since this particular company has been the City's Agent of Record
since 1994.
Recorder Tennant stated that Huggins Insurance Services had been selected as Agent of
Record following the 1994, 1997, and 2001 Request for Proposal process and staff will
solicit proposals in 2006 for Agent of Record.
On roll call vote, the motion passed unanimously. Mayor Figley declared Council Bill
2507 duly passed.
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2068
RE-OPENING OF MARION COUNTY WORK CENTER.
NICHOLS/BJELLAND... authorize staff to draft a letter to the Marion County Budget
Committee in support of the Marion County Work Center.
Mayor Figley expressed her support of the re-opening of the Center to house offenders
rather than releasing them soon after they have been arrested because of a lack of jail
space.
Councilor McCallum stated that he had served on the Marion County Public Safety
Coordinating Council and one of the messages the Council tried to get across to the
various representatives was that there was a need for more jail space and the Work Center
is the first step in accomplishing this task.
The motion passed unanimously.
2218 LIQUOR LICENSE CHANGE OF CONDITIONS - Chateau Benoit Winery Outlet
Store, 1001 Arney Rd. g406.
Councilor McCallum stated for the record that his daughter works for the attorney firm
Miller Nash as the Assistant Director of Client Services. He has no financial
arrangements with his daughter and he does not have any other connection with Miller
Nash. He did not feel that there was a conflict of interest but he did want it noted for the
record.
Deputy Chief Youmans stated that Chateau Benoit does have a Winery liquor license
which allows for the sale of sealed containers, wine tasting, and wine by the glass service
with food. The applicant is requesting approval for a change of conditions whereby they
would be allowed to provide exterior service of wine by the glass. The applicant will
have no more than six tables and twelve seats outside of their business with staff
members monitoring the area.
Linda Strand, representing the applicant, stated that there will be a fence around the
tables.
Councilor McCallum stated that he had some initial concerns about allowing alcohol
consumption in a public area outside the confines of a building since children would be in
the open area adjacent to the business. He questioned if only adults would be in the
designated exterior area.
Ms. Strand stated that under the winery license children could be in the exterior space,
however, they are only allowed to serve wine by the glass with a meal to persons of legal
age. Predominantly, they want to sell sealed bottles of wine to the public.
Councilor Cox expressed his opinion that this is an appropriate location and, even though
it will be very visible, it is out of the mainstream of foot traffic. It is a common practice
to have lunch with a glass of wine and sidewalk cafes are not uncommon.
Ms. Strand also stated that there will be soft drinks, water, and juice available in addition
to the wine.
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APRIL 26, 2004
COX/BJELLAND... approve the proposed change to allow wine by the glass in exterior
areas at Chateau Benoit Winery Outlet Store. The motion passed 5-1 with Councilor
Nichols voting nay.
2623
CONTRACT AWARD: DEMOLITION OF HOUSE (1060 Mt. Hood Avenue).
Mayor Figley stated that this item was being removed from the agenda and will be placed
on the agenda for the next regular meeting.
2650 CONTRACT AWARD: BOONES FERRY ROAD UNDERGROUNDING
2725
UTILITIES.
Bids for undergrounding of utilities on Boones Ferry Rd from Goose Creek south to
Highway 214 and a for a portion of Settlemier Avenue south of Highway 214 were
received fi.om the following contractors: C & M Construction, $260,555.50; Noah Sky
Communications, $263,655.80; Western Undergrounding, $289,725.00; Henkels &
McCoy, $321,217.18; and EC Company, $382,070.00.
COX/NICHOLS .... award the construct contract to the lowest responsible bidder, C & M
Construction, for the undergrounding of utilities on Boones Ferry Road and a pan of
Settlemier Avenue in the amount of $260,555.50.
The motion passed unanimously.
PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS.
A) Planning Commission's approval of Conditional Use 03-07, Design Review 03-23,
and Variance 03-29: Allows for modification of Conditional Use No. 02-05 and Design
Review No. 02-16 to an approved water treatment facility located at 1084 Country Club
Road, and Variance approval to the front yard landscaping standard.
B) Planning Commission's approval of Planned Unit Development 03-02 and
Variances 03-34, 03-35, 03-36, and 04-06: The final order provides for (1) modification
of Condition of Approval #24 of Planned Unit Development Case File No. 99-01 in that
an additional public access will not be required for the proposed 16 single family
dwelling lots and common area in Phase III of the links at Tukwila; (2) PUD Preliminary
plan Approval and PUD Design Plan Final Approval for "Links at Tukwila Phase III";
and (3) variances to the required lot width, depth, and coverage requirements, and to
exceed the 250 foot cul de sac length requirement.
No action was taken by the Council on either one of these two actions.
2880
MAYOR AND COUNCIL REPORTS.
Councilor McCallum thanked all of the volunteers and groups participating in the Spring
Cleanup including the Key Club, PGE, Boy Scouts, MacLaren School, and other local
organizations.
He also thanked the Woodburn Fire District for providing the fire engine for the Mayor
and Council to ride on during the Tulip Festival parade.
Page 6 - Council Meeting Minutes, April 26, 2004
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l~cor?oratcd
lOB
May 6, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator/.l~,~/_~
Randy Rohman, Public Works Program Manager/
Bid Award for Removal of House at 828 Parr Road
RECOMMENDATION: Award City of Woodburn Bid Number 2004-04 for sale and
relocation of a single family residence to Emmert International for $317.00.
BACKGROUND: City of Woodbum Bid Number 2004-04 for sale and relocation of a
single family residence was opened and read at 2:00 p.m. on March 16, 200. The
results were:
Bidder
Emmert International
Amount
$ 317.00
The city is constructing a water treatment plant at 828 Parr Road. A
condition of approval from Planning Commission approval of the water treatment plant
was that the single family residence located on the treatment plant site be removed prior
to completion of the treatment plant. This house was previously advertised for bid but
Council rejected the bids as being non-responsive.
The single bidder indicated that they are normally paid to remove homes from lots due
to the costs involved in lifting and moving the homes, acquisition of suitable property
(the existing house at 84 feet is wider than normal and will not fit on many residential
lots) and costs associated with setting up the house at the new location. This is
potentially the reason only one bid was received from the six bids that were sent to area
house moving companies. The cost associate with demolition of the house would be at
least $10,000 and the house must be removed prior to completion of the treatment
plant.
The bid, although very Iow, does accomplish removal of the house from the property
and costs associated with demolition would be avoided. Staff is recommending award
of the bid to Emmert International.
FINANCIAL IMPACT: The revenue from the bid award is minimal but the costs of
demolition of the house would be avoided.
Agenda Item Review:
City Administrator'~'~'~ City Attorney
Finance~
10C
May 6, 2004
TO:
FROM:
SUBJECT:
Council through City Administrator ~//~ ~./
Mayor
and
City
Randy Rohman, Public Works Program Manager f;~"~/Y
Contract Award for Settlemier Park Fence Replacement
RECOMMENDATION:
Award contract for replacement of chain link fence located at Settlemier Park to the Iow
bidder, Security Fence, for $7,397.00.
BACKGROUND: The City requested bid quotations from qualified contractors for
replacement of a chain link fence at Settlemier Park. The bid quotations were received
by 3:00 P.M. on Wednesday, May 5, 2004. The results were:
Bidder
Secudty Fence
Arrow Fence Company
F & W Fence Company
Amount
$ 7,397.00
$ 8,211.00
$8,843.15
~: The fence along the west boundary of Settlemier Park is in very poor
condition. The city is responsible for maintenance of the fence and a project to replace
the fence was included in the 2003-2004 Capital Improvement Program. There is a
short portion of fence near the boundary of Oak Street that will not be replaced to allow
access that was allowed the property from the unimproved 3rd Street right of way in the
property deed. The fence will be extended along the right of way that Council vacated
last year for approximately 50 feet.
FINANCIAL IMPACT: The project's estimated cost of $8,000 was included in the
approved 2003-2004 Capital Improvement Program budget.
Agenda Item Review:
City Administrat~~''~' City Attorney
Financ~
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COUNCIL MEETING MINUTES
APRIL 26, 2004
Lastly, he reminded the Council and public that the Mayor's Prayer Breakfast will be held
on Saturday, May 8th, beginning at 7:00 am at the United Methodist Church. This annual
event is sponsored by the Woodburn Kiwanis and the French Prairie Kiwanis.
Councilor Bjelland stated that the next MWACT meeting include discussion and
prioritization the STIP construction projects for 2007-09 STIP period. Woodburn has a
couple of projects proposed and the I-5 Interchange project will be at the top of the list.
In regards to the I-5 interchange right-hand tum lane improvement, staff stated that this
project is scheduled for ODOT's May bid letting which is the last Thursday of the month.
If the bid is let, then construction should begin in July 2004 and it may take 90 days to
complete the project.
Councilor Sifuentez stated that she had read the Park & Recreation pamphlet and thought
it looked great. She thanked the department for their continued effort in providing
impressive programs for our youth.
Councilor Cox complimented those responsible for the landscaping project around City
Hall last year which is now beginning to look very nice.
Mayor Figley stated that the landscaping on the south side of the building was performed
by a boy scout but the rest of the project was done by City staff. The west side design
was done by Park & Recreation Board Chair Herb Mittmann but executed by City staff.
Administrator Brown also stated that a lot of the work that was done by City staff was
done on their own time as well because they wanted to make sure that the project looked
good.
3226
Mayor Figley stated that the Interchange Focus Group had an interesting discussion on
design issues pertaining to developing the I-5 interchange area to show it as a positive
gateway to our community. The general public will soon be able to provide their
comments on what can be done to make this project look very attractive along with other
issues that they may want to express an opinion on relating to interchange improvements.
She also stated that she, along with other Mayors, County Commissioners, and Tribal
Representatives from our general area, had received an invitation from John Van
Landingham, LCDC Chairman, to talk to LCDC (Land Conservation Development
Commission) about issues in the land use process that are hampering economic
development, or in hampering cities or communities in their planning activities. She felt
that it was a positive and frank discussion with LCDC and appreciated LCDC's
willingness to give the representatives an opportunity to express their views on the land
use process. It was also noted that the Commission did take a bus tour that went through
parts of Woodburn and Community Development Director Mulder was one of the tour
guides.
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APRIL 26, 2004
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Councilor Bjelland stated that five of the seven LCDC members are new and he had an
opportunity to present to them the methodology and models he had been working on at
the Housing workshop that was held before the Mayor met with the Commission that day.
He felt that the Commission would be more attuned to listening to cities and people
participating in the periodic review process in order to mitigate the problems that have
been existing with the periodic review process. He stated that he had been appointed to
the Economic Development Planning Advisory Committee for the LCD and LCDC and
they will be looking at a lot of issues involving economic development improvements.
He also stated that he had been appointed to the Governor's Economic Revitalization
Team Advisory Committee on economic development and how to eliminate some of the
barriers that have been existing to move economic development along in this process.
3658
EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn to executive session under the authority of
ORS 192.660(1)(h), 192.660(1)(0, and 192.660(1)(c).
NICHOLS/MCCALLUM... adjourn to executive session under thc statutory authority
cited by thc Mayor. Thc motion passed unanimously.
The Council adjourned to executive session at 7:58 p.m. and reconvened at 8:26 p.m..
3690 Mayor Figley stated that no action was taken by the Council in executive session.
ADJOURNMENT.
COX/MCCALLUM... meeting be adjourned. The motion passed unanimously.
The meeting adjoumed at 8:27 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 8 - Council Meeting Minutes, April 26, 2004
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Executive Session
COUNCIL MEETING MINUTES
April 26, 2004
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, APRIL 26, 2004.
CONVENED. The Council met in executive session at 8:00 p.m. with Mayor Figley presiding.
ROLL CALL.
Mayor Figley Present
Councilor Bj elland Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallum Present
Councilor Nichols Present
Councilor Sifuentez Present
Mayor Figley reminded the Councilors and staff that information discussed in executive session is not
to be discussed with the public.
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, City
Recorder Tennant
The executive session was called under the following statutory authority:
(1) to conduct deliberations with persons designated by the governing body to negotiate real property
transactions pursuant to ORS 192.660(1)(e);
(2) to consult with counsel concerning the legal fights and duties of a public body with regard to
current litigation or litigation likely to be filed pursuant to ORS 192.660(1)(h); and
(3) to consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(0.
ADJOURNMENT.
The executive session adjourned at 8:24 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 1 - Executive Session, Council Meeting Minutes, April 26, 2004
9
8B
COMMUNITY CENTER TASK FORCE
Meeting Notes
May 3, 2004
Council Chamber- City Hall
Attendance:
Randy Westrick
Willis Grafe
Phyllis McKean
Tom Flomer
Nancy Kirksey
Mark Vanderzanden
Dan Evers
Steve Newport
Mark Vanderzanden presented information on the facility's market and very preliminary
operating pro-forma information. He urged the Task Force not to make any conclusions from the
figures since they are very raw.
After reviewing formulas and the market data, the Task Force concluded the following:
The methodology format is adequate for now. However, it does need to be refined a bit.
o Refinements include:
· Facility use by existing programs;
· Facility use by new programs;
· Revenue from contracted programs;
· Revenue from senior programs;
· Revenue from rentals;
· Resident/non resident fees program/rental fees;
· Non-profit/private/commercial rental fees
· Staffing levels; and
· Operating expenses.
RPD staff (Randy, Steve, Barbara) will meet with Mark V. in late May to refine
the numbers according to the above defined refinements in anticipation of the
June Task Force meeting.
We need pro-forma work on at least two models, including a centralized all-in-
one building and a split option with the health & fitness activities developed at
WMAC and community activities at another location (Legion or Centennial
area).
The most practical service area is the 5.5-mile radius that includes Hubbard,
Donald and Gervais in addition to Woodbum.
CCTF will meet next on June 7, 2004 and have refined pro-forma numbers with the different
program/bldg, scenarios for the TF to review. Also, on June 7, 2004, we need to set a date for a
Town Hall Meeting to roll out our conclusions. The Town Hall will invite the entire community,
especially our focus groups to come and review our work to date. Staff recommends late June or
early July.
10
Woodburn Memorial Aquatic Center
Revenue Comparison FY '2002-03 v.s. FY '2003-04
Jul~ 2002 ~ub/2003 Au~ 2002 Au~ 2003 Sept 2002 Sept 2003 Oct 2002 Oct 2003 Nov 2002 Nov 2003 Dec 2002 Dec 2003
Special Events S0.0~ ~0.00 $7.00 S355.00 $483.00 $279.00 $0.00 $0.00 S0.0~ S0.00 rd).00
Admissions $9,581.0~ $9,214.75 $7,082.02 $6t516.25 $3~580.23 $4~207.20 $2,676.75 $1,853.94 $1,951.0G $5~909.85 $3~147.55 $3,034.6¢
Memberships $1~860.0~ $2~M0.00 $1,076.75 $747.50 $1,275.50 $934.00 S1,106.35 S!95.0~ $608. IG $875.50 ~7 ,'~9'; 50 $4,507.5C
Lessons $6r497.8~ $9,006.04 $5,707.63 $6~008.15 $1r620.25 $3tl09.17 $430.00 $4~269.75 $904.25 $17888.38 $0.00 $938.95
Rentals $90.0G $525.00 $157.50 $320.00 $17676.00 $0.00 $0.00 $275.0~ $595.0C $1,560.68 $1~595.50 $1,320.0~
Resale $657.50 $670.30 $452.60 $519.30 $315.30 $364.80 $596.66 $96.25 $392.85 $403.85 $266.15 $308.64
Conce~ions $3,824.70 $4,004.14 $2,812.04 $2,839.27 $1,514.77 $1,318.75 $932.97 $609.13 $756.49 $1,646.82 $1,267.05 $1,033.44
TOTAL $22,511.07 $25,760.23 $17,295.54 $17,305.47 $10,465.05 $10,212.92 $5,742.73 $7,299.07 $5,207.69 $12,285.08 $8,598.75 $11.143.13
Attendance 9192 8253 6747 5838 4304 4187 2926 3998 3323 4421 4071
$ Difference 3,249.16 9.93 -252.13 1,556.34 7,077.39 2,544.38
% Difference 14.43% 0.06% -2.41% 27.10% 135.90% 29.59%
Special Events
Admissions
Memberships
Lessons
Runtals
Resale
TOTAL
Attendance
$ Differtn~ce
% Difference
Jan 2003 Jan 2004 Feb 2003 Feb 2004 Mar 2003 Mar 2004 ~ 2003 . .~fi12004 ...,/2003 Ma~ 2004 Jun 20~,3 June 2004
$0.00 $0.00 $20.00 $0.00 $187.50 $79.19 $1~412.10 $885.00 $310.0G $0.00
$67108.95 $3,586.78 $4,571.41 $6~185.95 $6~585.85 $7,042.,50 $5~872.85 $5,557.50 $7r412.76 $8~636.06
$19,208.85 $10~743.75 $2?385.35 $7,322.50 $1~570.00 $3,116.30 $3~800.00 $862.25 $682.60 $1r458.65
$1~200.85 $1,482.74 $2t861.87 $5,646.10 $3,871.50 $6~214.14 $5t814.74 $4r602.13 $4,749.37 $10,443.25
$586.80 $475.00 $1,263.00 $1~401.05 $324.50 $712.50 $1r780.00 $683.00 $1,111.0~ $195.00
$479.40 $164.65 $376.38 $327.85 $385.15 $349.78 $574.60 $259.00 $386.55 $558.10
$1,853.35 $1,189.36 $2,418.09 $1,490.50 $2,576.05 $1,851.59 $2,392.09 $1,646.81 $2,099.47 $2,902.75
$29,438.20 $17,642.28 $13,896.10 $22,373.95 $15,500.55 $19,366.00 $21,646.38 $14,495.69 $16,751.75 $0.00 $24,193.81 $0.00
6715 4560 5855 5178 5799 5644 6612 5398 5899 14239
- 11,795.92 8.477.85 3,865.45 -7,150.69 - 16, 751.75 -24,193.81
40.07% 61.01% 24.94% -33.03% -100.00% -100.00%
Year to date by account
Year To Date Summary
Special events
Admissions
Memberships
Lessons
Rentals
Resale
Cuncessions
2002- 2003 2003- 2004 Difference
$2,419.60; $1,598.19 ($821.41}
$67,206.43 $53,109.32 ~
$37,354.65 $31,644.30 ~
$44,101.58 $43,165.55 ~
$9,374.30 $7,272.23 ~
$5,441.24 $3,464.42 ($1,976.82
$25~349.82 $17,629.81 ($7,720.01)
Year to date total S164,221.18 Si57,8&1.82 ($6,.137.36)
Io~al Revenue 2g02-200~ $164,221.18 ~
oral Revenue 2003-2004 $156,700.2911
Difference ($7,520.89~1
Pert'eat Chanl~e ~%ll
Year To Date Attendance
2002 2003 555111
200.t 2004 s,2S~l
Revenue Budget Estimates ]
}003- 2004 $195,000.00 11
Dollars to date $157,883.8211
g CoUected ~,ear to date 81.00°/~ I
12 month total $191,247.62
8D
Woodbum Recreation and Parks
Teen Scene Report
March 2004
March 4
March 5
March 8
March 11
March 17
March 18
March 19
March 20
March 27
Operation Storefront
Winterhawks Hockey Game
Teen Scene Council Lunch
Recreation Leaders Training
Youth Council Meeting
Recreation Leaders Training
Teen Scene Dance MS
Break Dance Contest
Skate Competition
Affendance
25
3O
10
5
12
5
163
26
45
150 Spectators
Aoril
2O04._
April 1
April 2
April 5
April 9
April 14
April 22
April 29
Recreation Leaders Training
Teen Scene Dance HS
Youth Council Lunch
Teen Scene Dance MS
Council Meeting
Recreation Leaders Training
Recreation Leaders Training
5
87
10
172
12
7
7
May 2004
May 3
May 7
May 19
May 22
May 28
Youth Council Lunch
Teen Scene Dance MS
Youth Council Meeting
Peer Mentoring Training
South Salem High School
Teen Scene Dance
10
TBA
TBA
15
TBA
13
Teen Scene Prol ram
"The Club"
Middle School Teen Center
'The Club" is located at Settlcmie~ Park and is open ~very weekday 3:15pm to 7:30pm, through ~ummer break, hours
from 3:30--7:30 pm, Monday thru Friday. NO HOI.IBAYS
Fhe Club is for Woodburn Middle School students and provides a fun and safe place for youth to attend each day after
~chool. In addition to the daffy actixdtics at thc Center, th~m am ~ ~ and trip~ that am planned.
May Dance May Dance
Friday, May 7th Friday, May 28th
7:00p-9:0Opm 7:00 , 9:00 pm
I~ST DANCE OF SCHOOL YEAR!
Entry into thc dances are $3. Be sure to chc~ out the Teen Scene web site for more inform~on regarding this progran~ Or
ontact Donovan Reyna at 982-5286.
May 13, 2004 Opexation Store~nt
May 22, 2004
Portland Beavers Baseball $10.00
Price includes ticket, transportation
Dinner is on your own
"The Spot"
High School Teen Center
Fhe High School Teen Center is located at Legion Park and is opca for l~)~ncss every wcckday beEi~'nning at 3:00pm znd
closing at 8:00pm S, mamc~ hours will bc the ~m~. NO HOLIDAYS.
Thc City is cu, e.~ly developing a web site that will provide more detailed information regarding the program. This web site
will act as a conununicatiou tool for the program; ~ and paten_ ~ The high school ~ cente~' will begin offering o_ut-
reach c~-~,~cs to youth and their families in the fall. lie sure lO look for updates on o~r web s~te and the local newspaper for
his valuable program.
:unding for ~_hi.n project was provided by Woodburn Together through a grant Erom the Drug Free Comm!mities Support Pro.
ram_ For more information regarding Teen Scene, please contact Donovan Reyna 503-982-5268
Summer Acfivi~ies
.May 8, 2004 Portland Be(we, rs Ba.w,b~ll
Price includes ticket, ~,cmq)o~c~ion. [:)inner is on your own.
Man 18, 2O04 STOMP
MW/22. 2004 BEACH TP, XP
,]'tine 5, 2004 N'J:GI.-ITCOURT
(:ri- Woodbm~ High School
,Trine 19, 2004 Portland Beavers Baseball $10.00
Price includes ticket, tranqx~t~ion. Dinner is on your ~
13
Teen Scene Totals For April
Thursday Friday Saturday Sunday Monday Tuesday Wednesday
1 2 3 4 5 6 7
llKids 5Kids 0Kids 0Kids 9Kids 5Kids 5Kids
8 9 10 11 12 13 14
3 Kids 2 Kids 0 Kids 0 Kids 6 Kids 7 Kids 5 Kids
15 16 17 18 19 20 21
2 Kids 4 Kids 0 Kids 0 Kids 8 Kids 4 Kids 6 Kids
22 23 24 25 26 27 28
6 Kids 4 Kids 0 Kids 0 Kids 11 Kids 4 Kids 8 Kids
29 30 1
11 Kids llKids 0 Kids
MONTH TOTAL= 137
14
Teen Scene HS Totals For April
Thursday Friday Saturday Sunday Monday Tuesday Wednesday
1 2 3 4 5 6 7
11 Kids 5 Kids 0 Kids 0 Kids 9 Kids 5 Kids 5 Kids
8 9 10 11 12 13 14
3 Kids 2 Kids 0 Kids 0 Kids 6 Kids 7 Kids 5 Kids
15 16 17 18 19 20 21
2 Kids 4 Kids 0 Kids 0 Kids 8 Kids 4 Kids 6 Kids
22 23 24 25 26 27 28
6Kids 4Kids 4Kids 5Kids llKids 4Kids 8Kids
29 30
11 Kids 11Kids 6 Kids
MONTH TOTAL= 152
Department Totals Summary
Departments
De?-1 Dep-2 Dep-3 Dep-4 Dep-5 Dep-7 Dep-8 Dep-9
Non-
Description Res. Child Res. Youth Res. Adult Res. Sen Res. Sen NR-Child NR-Youth NR-Adult
June 03 1813 362 624 96 95 426 112 213
July 03 1983 452 2435 91 129 56 13 38
Auguet 03 1463 379 510 77 100 248 58 132
September 03 493 129 380 71 106 99 52 153
October 03 366 111 347 49 90 90 37 172i
November 03 379 137~ 259 54 109 118 46 168
December 03 270 118 297 61 84 , 7 118 50
January 04 453 193 403 43! 88 156 34 200
Febru~r~ 04 6181 251 427 58 121 165 48 182
March 04 896 270 584 47 104 11 54 190
April 04 878 199 456 61 90 171 55 165
May 04
June,.04
Totals 9612 2601 6722 708 1116 1547 627 1663
16
CITY OF WOODBURN
Community Development
8F
MEMORANDUM
270 Montgomery Street Woodburn, Oregon 97071
(503) 982-5250
Date:
To:
From:
Subject:
May 3, 2004
Jim Mulder, Community Development Director
Building Division
Building Activity for April 2004
2002 2003 2004
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 12 $1,464,991 20 $3,414,833 19 $2,879,554
Multi Family 0 $0 0 $0 0 $0
Assisted Living Facilities0 $0 0 $0 0 $0
Residential Adds & Alts 9 $85,100 2 $10,834 3 $26,000
Industrial 0 $0 0 $0 0 $0
Commercial Value 5 $346,800 10 $12,316,925 9 $373,985
Signs, Fences, Driveways 0 $10,100 2 $1,025 3 $12,500
Manufactured Homes 0 $0 0 $0 3 $86,000
TOTALS 26 $1,906,991 34 $15,743,617 37 $3,378,039
Fiecal Year (July 1- $59,117,993 $31,828,324 $28,800,07t
June 30) to Date
I:\Community Developm ent~Bldg~B uilding Acflvlty~BldgAct-2004~Bldg Activity - Mere OS~lctivity - Apd12004.wpd
18
PLANNING PROJECT TRACKING SHEET- ;~,~d: S.4-O4
Mail Nolice Final PC Mail Notice
Project Date Deemed 120-Day F~cilities NoUce to Post Stf Rpt PC Order F-mai Notice to Post sir Rpt CC Ord. CC On:l.
Applicant Descriplion Received Complete Date Planner , Referrals Meeting for PC Paper Property Due Headng Due Order for CC Papers Property Due HeatrOl Due
Annex business
Anx park into the
99-01, Coq]orate limits 10/14/99
UGB Wally ~ of the City. 06/01/99 N/A Jim cont. off
!99-01, ZC Establish the IL calendar
99-01 zone on the
properly.
DR
03-19, RSS 8,610 sf storage
Amhite~m bldg. at 1955 S. 08/27/03
VAR ~c,c. Birds Eye Ave. 09/24/03 Naomi
CU
DR CS of ~t~r ~eatment 1 t/24/03
03-24, Woodtx~ fac~ty at 828 Pa~ 10/28/03 C.,or~plete 07/01/04 Naomi 04/(~ N/A 04/12/04 04/15/04 04~ ~3/04
VAR Rd.
0330
DR City of water treatment 11/24/03
03-25, Woodbum racily at 2225 10~28/03 Complete 07/01/04 N~omi 04/02/04 N/A 04/12/04 04/15/04 04/22/04 ~3/04
VAR Na~3nal Way 03/04/04
03-31
PUD Reoa,~e 93 Lot sutx~vlsk~ Incoml)bte 6/9/04
01115/04
Lk~ks O Tukwea 2/11/04 6J23/04 0,5/0,5/04
I~UB
YAJt 1~. 0o~¥ 01/I"~1/~ 01~?t~.
04-07, 2,,24/04 07/22/04 ~3/04
EXCFT
04-01
OR ~4-01, I Construct 2,400 ~1.
CU 04-01, Chris ft. ex~ to
Oo(3~es Fete/Rd.
04-01,
CI~ Annex 3.1 acres o~
04-02, PLA RS
PLANNING PROJECT TRACKING SHEET
Mail NolJc, e Final PC Mail Notice
Project Date Deemed 120-Day Facilities Notice to Post Sff RIX PC OnJer Final Notice to Post Stf P,p{CC OKI, CC OKI.
A~opllcanl Description ReceivedComplete Date Planner Re;erralsMeeting for PC Paper Property Due Headng Due Order for CC Pa~rs Property Due Hearing Due ; AdoptiOn
Triplefl ~ 2,000 sq.
DR04.02 Welman ft. retaHbldg, at1700 03/04/04Incorr~ete Naomi
Co~Uact~sMt. Hood Ave.
CU 04-02Cottonwood ~,~-~. a pay day
F~nanc~allend,~g business at 03/16/04Complete 08/10/04Naomi 04/13/04 N/A 04/23/04N/A 05/03/04 ~ 05/13/04
790 Lawson St. 04/13/04
Construct dnve-~m
DR 04-04Mid-Valley Incomplete
Bank bank at 1655 Mt03/18/04 Nsomi
HOD4 Ave. o4~1 ~
CU 04-04Cu~is & Judy Re-e~[ab~~, auto
body~o~at46ON. 03/19/04 04/16/04 08/18/04 Naomi 08/20/04 N/A 05/07~4 N/A 05/17~ 05/20/0405/27~04
L;.v ~gsto~ Pactlie Hwy.
DR 04-03 NW Real ~.....~.i &~...~ ~
~oep~g c~-~ter at 0,3/2_2./04 04~16~04 08/18/04 Jason 08/20/04 N/A
Estate NWC 99E/214
PAR Idulti-Deve- into 2 lots on West
Rd.
I'Io~S, Inc ~o~rage at 877 04/05/04 04/26/04 08)28/04 Jasoo 04J26/04 0~ II~
Hazelnut Dr.
05/10/04
04-02, D~ahnelo~PUD to vary lot
VAR Homes, Inc. coverage 04/05/04 Naomi
04~ requirement.
DR 044)5 C~ of Renovate extelior of
Woodbum bldg. at 347 Front St. ~ 04/22/04 08/24/04 Jason 04/30/04
O Establish RV selse &
service dealership &
CU 04-03 Brando, sales & sewice btdg. 04/13/04 Naomi
at 2450 Count~ Club
Ct
PAR Ck'y of Subdivide one parcel
04-02 Wooer, urn k~o ~,o Io~ at 3009 04/15/04 04/29/04 08/31/04 Jason ~
N. Pacil~ Hwy.
Constrict 3,700 sf
mu~-teflant
DR 04-07 Joe Barnes restaurant oft West 04/19/04
side of 255 Amey
Rd.
LONG RANGE PROJECTS
Mail N(Xice FinaJ PC Mail Notice
Project Date Deemed 120-Day Facilities No~ce to Post Stf RptPC Order Final Notice to Post Sff FlplCC O~d. CC On:l.
Af~nt I"~__~tion ReceivedComplete Date Planner RefelTals M..'~n..~l for PC Paper ~ Propert~ Due Heartn~lDue On:Jet for CC Papers ProperS/ Due Hearin~ Due Adoption
Rml~t~ll al3f)n~ved by votom on John/Jim
~-, ~1~ ,~,,~ 3/12~2
Syst~rns headngs are to mn Jim
Plan co~curre~tly w~
Update pe~dic review
Review Ta~k public hea~'~gs Jim
i:\Community Devetopment~Planning~Other~Planning Case Log
PAGE 3 .
Woor> uRN
IOA
May 4, 2004
TO:
Mayor and City Council through City Administrator
FROM:
Mary Tennant, City Recorder
SUBJECT: Eligibility fo Receive State Shared Revenues in Fiscal Year 2004-05
RECOMMENDATION:
Council adopt the attached resolution declaring the City's eligibility to receive
state shared revenues during fiscal year 2004-05.
BACKGROUND:
Annually the City is required under state statute to adopt a Resolution declaring
the City's eligibility to receive State revenues derived from various sources such
as gas tax, liquor tax, and cigarette tax. This resolution must be filed with the
Department of Administrative Services by July 31, 2004 in order to receive funds
allocated by the legislature during fiscal year 2004-05.
DISCUSSION:
The 2004-05 proposed budget will reflect projected revenues from these state
shared revenues for various operational purposes within the general Fund and
Street Fund. The estimated per capita distribution is as follows:
State Gas Tax Revenue $47.21 per capita
Liquor Tax $ 8.90 per capita
Cigarette Tax $1.90 per capital
FINANCIAL IMPACT:
During fiscal year 2004-05, the City anticipates receiving $1,151,000 in state
shared revenues.
Agenda Item Review:
City Administrator,~r'
City Attorney
Finance)~
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION CERTIFYING THE ELIGIBILITY OF THE CITY OF WOODBURN
TO RECEIVE STATE-SHARED REVENUES DURING FISCAL YEAR 2004-05.
WHEREAS, Oregon Revised Statutes 221.760 provides that the officer
responsible for disbursing funds to cities under ORS 323.455,366.785 to 366.820 and 471.805
shall, in the case of a city located within a county having more than 100,000 habitants according
to the most recent federal decennial census, disburse such funds only if the City provides four or
more of the following services: (1) Police protection, (2) Fire protection, (3) Street construction,
maintenance, and lighting, (4) Sanitary sewer, (5) Storm sewers, (6) Planning, zoning, and
subdivision control, and (7) one or more utility services, and
WHEREAS, City officials recognize the desirability of assisting the state officer
responsible for determining the eligibility of cities to receive such funds in accordance with ORS
221.760, now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn hereby certifies that it provides the
following four or more services enumerated in ORS 221.760:
Approved
(1) Police protection;
(2) Street construction, maintenance, and lighting;
(3) Sanitary sewers;
(4) Storm sewers;
(5) Planning, zoning, and subdivision control; and
(6) One Utility service.
as to Fonn:~/')/~ - c),'~- ~
City Attorney
APPROVED
KATHRYN FIGLEY, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No.
Resolution No.
23
1OD
TO:
FROM:
SUBJECT:
May 6, 2004
Mayor and City Council through City Administrator //~ ~
Randy Rohman, Public Works Program Manager~' 7/~,...~/
Contract Award for Demolition of House
RECOMMENDATION:
Award contract for removal of the house located at 1060 Mount Hood Avenue to the Iow
bidder, De-Constructors Inc., for $ 5,500.00.
BACKGROUND: The City requested bid quotations from qualified contractors for the
removal of the existing house located on City property at 1060 Mount Hood Avenue.
The bid quotations were received by 3:00 P.M. on Wednesday, May 5, 2004. The
results were:
Bidder
De-Constructors Inc.
Ail-Ways Excavating
Rods Handy Man
Obdst Excavating
Power Concrete Cutting
Bob's Backhoe
Amount
$ 5,500.00
$ 8,273.00
$ 9,80O.OO
$13,500.00
$13,800.0O
$23,980.00
DISCUSSION: The house is in poor condition and is located on property that is being
studied as a location for a Proposed new police facility. The property will also be used
to provide access for a proposed sanitary sewer lift station to be located on City owned
property that is just to the west of the property that contains the house.
An asbestos evaluation has been completed and small amounts of floor tile that were
found to contain asbestos have been removed. The cost of the project does not include
permits that will be obtained by the city.
FINANCIAL IMPACT: The $5,500 cost of demolition will be split equally from the
General ClP Fund and the Wastewater Fund that has benefited from the access
provided by the acquisition of the property containing the house proposed for
demolition.
Agenda Item Review: City Administrate~~ City Attorney__ Finonce~
26
IOE
May 4, 2004
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council through City Administrator
Randy Scott, Senior Engineering Technician
Easement Acquisition for Boones Ferry Road Project
RECOMMENDATION:
It is recommended that the City Administrator be authorized to sign the Easement
Agreement with Woodbum Grange No. 79 presented to Council and that Council
accept the permanent utility easements from the Woodburn Grange No. 79.
BACKGROUND/DISCUSSION:
The Boones Ferry Road Undergrounding and Street Improvement Project requires
that easements be acquired for the placement of utility vaults and underground
conduits. The acquisition of utility easements by the City must occur if the project is
to proceed during this construction season.
Staff has obtained two permanent easements (Attachment "A" and Attachment
"B") for the placement of utility vaults with underground conduits. These documents
have been executed by Woodburn Grange No. 79 and need to be accepted by
the City.
An Easement Agreement which addresses the area along Settlemier Avenue where
conduits will be placed and where the City plans to acquire road right-of-way is
being finalized by the City Attorney. Staff anticipates that this document will be
approved by Woodbum Grange No. 79 and then presented at the Council
meeting for your approval.
FINANCIAL IMPACT:
The funding required for acquisition of the easements is a pad of the budgeted
Street Capital Improvement Fund.
Attachment "A," Permanent Utility Easement
Attachment "B," Permanent Utility Easement
Agenda Item Review:
City Administrat~
City Attorney
Financ ' ,~'~
27
ATTACHMENT "A"
AFTER RECORDING RETURN TO:
Woodbum City Recorder
City of Woodbum
270 Montgomery Street
Woodbum, OR 97071
CITY OF WOODBURN, OREGON
PUBLIC UTILITY EASEMENT
(Permanent)
WOODBURN GRANGE NO. 79, GRANTOR, grants to the CITY OF
WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of-
way, including the permanent right to construct, reconstruct, operate, and maintain
Public Utilities on the following described land:
See attached Exhibit "A" Legal Description of Permanent Easement and
attached Exhibit "B" Sketch for Legal Description of Permanent Easement
which are by this reference incorporated herein
GRANTOR reserves the right to use the surface of the land for any purpose that
will not be inconsistent or interfere with the use of the easement by CITY. No building
or utility shall be placed upon, under, or within the property subject to the foregoing
easement dudng the term thereof, however, without the written permission of CITY.
Upon completion of the construction, CITY shall restore the surface of the
properly to its odginal condition and shall indemnify and hold GRANTOR harmless
against any and all loss, cost, or damage adsing out of the exercise of the nghts granted
herein.
The true consideration of this conveyance is One Thousand Four Hundred
and Eight Dollars and No Cents ($1,408.0), and other valuable consideration, the
receipt of which is acknowledged by GRANTOR.
GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of
the above-granted premises, free from all encumbrances and that GRANTOR and their
heirs and personal representatives shall warrant and forever defend the said premises
and every part thereof to CITY against the lawful claims and demands of all persons
claiming by, through, or under GRANTOR.
Public Utility Easement (Permanent)
Page 1 of 5
28
DATED this
ATTACHMENT "A"
~ 7';ay of -~t I~c t,f'
,20 O~.
WOODBURN GRANGE NO. 79
Robed Smith, President
CORPORATE ACKNOWLEDGEMENT
STATE OF OREGON, County of I~,~'l O0~ ) ss.
.~__The foregoing instrument was acknowledged before me this ~" day of
~ ~ '-! 20Od,.- by Robed Smith as President of Woodbu~--'~nge No.
79, a non-profifcorporatio~ ~nd the foregoing instrument was signed and sealed on
behalf of said corporation by authority of its Board of Directors; and each of them
acknowledged said instrument to be its voluntary act and deed.
NOTAR~_Y P~IC FO~, OREGON
My Co~'~15'ission Expires:
Public Utility Easement (Permanent)
Page 2 of 5
29
TACHMENT "A"
PERSONAL ACKNOWLEDGEMENT
STATE OF OREGON, County of .) ss.
The foregoing instrument was acknowledged before me this
day of ., 20 by
NOTARY PUBLIC FOR OREGON
My Commission Expires:
City of Woodbum
270 Montgomery Street
Woodburn, OR 97071
(Grantee's Name and Address)
Accepted on behalf of the City of Woodburn after
authorization by its City Council on the condition
that the interests conveyed herein are free and
clear from taxes, liens, and encumbrances.
City Recorder:
Mary Tennant
Public Utility Easement (Permanent)
Page 3 of 5
3O
ATTACHMENT "A"
EXHIBIT "A"
Legal Description of Permanent Easement
Beginning at a point 164.33 feet westerly at a right angle to Engineer's Centerline Station
i +02.40, (Settlemier Road), said point being located on the southerly right-of-way line of Oregon
State Highway 214; thence S83°40'4Y'E, along said southerly right-of-way line of Oregon State
Highway 214, a distance of 30.12 feet to a point; thence S06° 19' 17"W a distance of 10.00 feet to
a point; thence Ng3°40'43"W, parallel with said Highway right-of-way line, a distance of 31.04
feet to a point; N11°34'05"E a distance of 10.04 feet to the point of beginning. The above-
described tract contahaing 306.00 square feet of land is located in the Southwest Quarter of
Section 7, Township 5 South, Range 1 West, Willamette Meridian, City of Woodbum, Marion
County, Oregon.
Public Utility Easement (Permanent)
Page 4 of 5
31
ATTACHMENT "A'
EXHIBIT "B"
Sketch for Legal Description of Permanent Easement
EXISTING
HOUSE
./
SETTLEMIER ,4 I/ENUE
Public Utility Easement (Permanent)
Page 5 of 5
32
ATTACHMENT "B"
AFTER RECORDING RETURN TO:
Woodbum City Recorder
City of Woodbum
270 Montgomery Street
Woodbum, OR 97071
CITY OF WOODBURN, OREGON
PUBLIC UTILITY EASEMENT
(Permanent)
WOODBURN GRANGE NO. 79, GRANTOR, grants to the CITY OF
WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of-
way, including the permanent dght to construct, reconstruct, operate, and maintain
Public Utilities on the following described land:
See attached Exhibit "A" Legal Description of Permanent Easement and
attached Exhibit "B" Sketch for Legal Description of Permanent Easement
which are by this reference incorporated herein
GRANTOR reserves the right to use the surface of the land for any purpose that
will not be inconsistent or interfere with the use of the easement by CITY. No building
or utility shall be placed upon, under, or within the property subject to the foregoing
easement during the term thereof, however, without the wdtten permission of CITY.
Upon completion of the construction, CITY shall restore the surface of the
properly to its original condition and shall indemnify and hold GRANTOR harmless
against any and all loss, cost, or damage adsing out of the exercise of the dghts granted
herein.
The true consideration of this conveyance is Three Thousand Two Hundred
and Four Dollars and No Cents ($3,204.0), and other valuable consideration, the
receipt of which is acknowledged by GRANTOR.
GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of
the above-granted premises, free from all encumbrances and that GRANTOR and their
heirs and personal representatives shall warrant and forever defend the said premises
and every pad thereof to CITY against the lawful claims and demands of all persons
claiming by, through, or under GRANTOR.
Public Utility Easement (Permanent)
Page 1 of 5
33
DATED this
ATTACHMENT "B"
day of ~,~"[~k..,,.. ,20 Oz~:''.
WOODBURN GRANGE NO. 79
BY:
Robed Smith, President
CORPORATE ACKNOWLEDGEMENT
STATE OF OREGON, County of ~¢~,l~t.~' ) ss.
The foregoing instrument was acknowledged before me this ~'t'M'day of
~'"1~',.[ 20~y Robed Smith as President of Woodbum Grange No.
79, anonLprofit corporation and the foregoing instrument was signed and sealed on
behalf of said corporation by authority of its Board of Directors; and each of them
acknowledged said instrument to be its voluntary act and deed.
OFFICIAL SEAL
RANDY SCOI-I'
NOTARY PUBLIC-OREGON
COMMISSION NO. 357628
MY COMMISSION EXPIRES MAY 9, 2006
NOTARY P~FOR OREGON
My Commission Expires:
Public Utility Easement (Permanent)
Page 2 of 5
ATTACHMENT "B"
PERSONAL ACKNOWLEDGEMENT
STATE OF OREGON, County of ) ss.
The foregoing instrument was acknowledged before me this
day of ., 20 by
NOTARY PUBLIC FOR OREGON
My Commission Expires:
City of Woodburn
270 Montgomery Street
Woodbum, OR 97071
(Grantee's Name and Address)
Accepted on behalf of the City of Woodbum after
authorization by its City Council on the condition
that the interests conveyed herein are free and
clear from taxes, liens, and encumbrances.
City Recorder:
Mary Tennant
Public Utility Easement (Permanent)
Page 3 of 5
35
ATTACHMENT "B"
EXHIBIT "A"
Legal Description of Permanent Easement
Being situated in Section 7, Township 5 South, Range I West of the Willamette
Meridian, Marion County, Oregon, City Of Woodburn:
Beginning at the Southwest Comer of that certain tract of land described by deed in
Volume 603, Page 544, Deed Records for Marion County, Oregon, said comer also being
on the North line of Church Street; Thence Southeasterly along the South line of said
deed Volume 603, Page 544, 35.00 Feet; Thence Northeasterly perpendicular to said
South line, 16.00 Feet; Thence Northwesterly parallel to the said south line to North line
of said deed Volume 603, Page 544; Thence Southwesterly along the said North line to
the place of beginning and containing 560 square feet of land more of less.
Public Utility Easement (Permanent)
Page 4 of 5
36
ATTACHMENT "B"
EXHIBIT "B"
Sketch for Legal Description of Permanent Easement
e
EXJSTI/VC
HOUSE
UTILITY EASEMENT
,F_X. ISTIIVG GIL41vGE
HALL
,/
SETTLEMIER A VENUE
Public Utility Easement (Permanent)
Page 5 of 5
37
lucorl~orated 1859
1OF
May 10, 2004
TO:
Honorable Mayor and City Council through City Administrato'J~~
FROM:
John C. Brown, City Administrator
SUBJECT: Settlement Agreement with Emery Construction
RECOMMENDATION:
It is recommended the City Council, to obtain a release from suit associated
with construction of the Mill Creek pump station:
1. authorize the City Administrator to execute a settlement agreement with
Emery & Sons Construction, Inc., and LZB, Inc.; and
2. forward a settlement payment in the amount of $5,000 to Emery & Sons
Construction, Inc.
BACKGROUND:
The facts related to this matter are extensive. Following is an abbreviated
discussion.
Emery and Sons Construction, Inc. (Emery) was the prime contractor on the
sewer lift station project completed during FY 2002-03. LZB, Inc. (LZB) was a
subcontractor on the project, responsible for anchoring the pump station to the
ground. Because of soil and hydrological conditions at the construction site, a
specialized anchoring technique was required. LZB was the only regional firm
with adequate expertise to utilize that technology. Although LZB bid the job as
specified, it had little experience with the specialized anchoring technique and
was not successful in its initial attempts. A set of anchors was installed, but they
failed quality tests. Delays of several weeks occurred before specialists in the
technology were brought to the site to assist in installing anchors that passed
quality testing. Due to the delays, Emery withheld payment to LZB. LZB brought
suit against Emery; Emery in turn brought suit against the City. Emery brought suit
against the City primarily because the City specified an anchoring technique
that Emery felt left it little choice but to select LZB as it's subcontractor on the
job.
Agenda Item Review:
City Administrator'S"'"' City Attorney __
Finance~
38
Honorable Mayor and City Council
May 10, 2004
Page 2
DISCUSSION:
Council authorized staff to retain the law firm of Hoffman, Hart and Wagner,
which specializes in construction law.
From an analysis of project files, inspection logs, and interviews with City staff, it
appears the City's involvement in resolving the anchoring problem, and its
management of the pump station project in general, was appropriate and
proper. Independent counsel has advised it's possible the City, through a
motion for summary judgment, could be removed from this controversy. But,
even if it was not, and the matter was to proceed to trial, there is a high
likelihood the City would not be found liable.
Defending this case, without insurance coverage, has been costly. The City
Attorney estimates costs thus far are approximately ,$10,000. Both attorneys
advise costs will increase the longer the City is involved in the matter, first with
respect to the filing of a motion for summary judgment and, if failing in that
attempt, then in the process of discovery and at the trial phase. These
additional costs could easily exceed $20,000 for pre-trial and trial defense.
The judge assigned to this case requested the parties to participate in a
settlement conference. The conference was held on Monday May 3rd. City
staff's goal was to eliminate the City's exposure to legal costs by removing the
City from the suit. Based on settlement discussions, a tentative settlement
agreement was reached. That agreement, which requires your approval,
obligates the City to contribute $5,000, which will be paid to LZB, through Emery,
as pad of the larger settlement between the two contractors. This settlement
eliminates the City's exposure fo additional costs of legal defenses and removes
the City from any further controversy regarding the pump station project.
Accordingly, your approval of the recommended actions is respectfully
requested.
FINANCIAL IMPACT:
Funding to pay the recommended settlement amount is available in the Sewer
construction fund, in Account 565-621-9531-5635.
10G
May 5, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrato~
David Torgeson, Assistant City Engineer
Award of Construction Contract
Woodburn Association Building Faqade Improvements (347 Front St.)
RECOMMENDATION:
Award Contract for Woodburn Association Building Fagade Improvements (347
Front St.), Bid No. 2004-020-29, to lowest responsible bidder, D.G.S. - General
Construction, Inc., in the amount of $147,500.00.
BACKGROUND:
Two bids were received April 27, 2004,
requirements for responsiveness):
Contractor
D.G.S. General Construction, Inc.
First Cascade Corporation
Architect's Estimate
as shown below (each met all
Bid Amount
$147,500.00
$153,333.00
$138,000.00
DISCUSSION:
Staff has investigated reductions in total project cost, through meetings with the
Architect and the Apparent LOw Bidder. Based on discussions held May 5, 2004,
reductions in the amount of $3,140 are anticipated. The reductions will be
accomplished through Change Order following the Award of Contract. The
Notice to Proceed, when issued, will reflect the new authorized contract
amount, expected to be $144,360.00.
Agenda Item Review:
CityAdministrat~ City Attorney__
Financ~
4.0
Mayor and City Council
May 5, 2004
Page 2
FINANCIAL IMPACT:
Funding for this project is from two sources: the General Fund CIP fund, and
through a grant and loan from the State of Oregon. Funding of $105,000 was
budgeted in the General Fund ClP for 2003/04, and a Community Incentive
Fund grant/loan of $50,000 will be provided as expenditures are made.
Available funding is reduced by approximately $20,000 for architect's services,
leaving $135,000 for construction. Despite value engineering efforts, the Iow
bidder's estimated project cost still exceeds available funding by $9,360. A
budget transfer, providing that additional funding from the General Fund ClP
fund balance to this project has been prepared, and follows this item on your
agenda.
1OH
May 6, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council through/~ity Administrator
Ben gillespie, Finance Director l'~
Contingency Transfer in the General ClP Fund
RECOMMENDATION:
Council approve the attached Contingency Transfer.
BACKGROUND: The Iow bid for the fagade improvements to the Association
Building was $9,500 over the architect's estimate and the budget ($138,000).
Market conditions now suggest that soliciting for bids a second time would not
result in lower bids.
When the Jennings Skate Park was completed at the end of the last fiscal year,
retainage ($9,300) was not paid to the contractor, and the amount was not
added into this year's budget. The amount is a legitimate claim against the city,
and should be paid.
DISCUSSION: Both transactions are obligations of the General ClP Fund.
Contingency is sufficient to cover both items totaling $18,800.
FINANCIAL IMPACT:
The proposed revision increases appropriations by $18,800 and decreases
Contingencies by a like amount. Adequate Fund Balance is left in the fund.
Agenda Item Review:
City Administrato~ City Attorney ~
Financ _~
42
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING
CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2003-04.
WHEREAS, Oregon Revised Statutes 294.450 allows for the transfer of operating
contingency appropriations within a fund to an existing appropriations category within the same fund
during the year in which appropriations are made, and
WHEREAS, a transfer of General Fund Capital Improvement Fund operating
contingency appropriations is necessary to make final payment to the contractor of the Jennings Skate
Park project, and to increase the appropriations for the Association Building facade improvements based
on recent bids received for this project, now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That authorization is hereby given to transfer the following operating
contingency appropriations:
GENERAL FUND CAPITAL IMPROVEMENT FUND:
Transfer From:
Operating Contingency (358.901.9971.5921)
Transfer To:
Buildings (358.121.9531.5621)
Parks (358.121.9531.5623)
$18,800
$ 9,500
$ 9,300
Approved as to Form:
City Attorney
Date
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page I - COUNCIL BILL NO.
RESOLUTION NO.
OODBUR
14A
TO:
FROM:
SUBJECT:
May 10, 2004
Mayor and City Council through City Administrator
Jim MuIder, Director of Community Development¢;~'~/
Community Development Director's Approval of Design Review 04-
05.
RECOMMENDATION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review if it desires.
BACKGROUND:
On May 7, 2004, the Community Development Director approved a request to
complete the exterior and fagade improvements for the proposed Woodburn
Heritage Center located at 347 Front Street.
The subject site is located on the east frontage of N. Front Street (347 Front
Street) in downtown Woodburn. The subject property is zoned Downtown
Development and Conservation (DDC) and designated Commercial on the
Woodburn Comprehensive Plan Map. The surrounding properties to the north,
south, and west (across Mayor's Alley), are also zoned DDC and designated
Commercial on the Woodburn Comprehensive Plan Map. The property to the
east (across Front Street) is zoned Commercial General (CO), and designated
Commercial on the Woodburn Comprehensive Plan Map.
The property owner is the City of Woodburn.
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
Agenda Item Review:
City Administrate" City Attorney__
Finance~
44
WOODBURN
I.cerl~orated i88q
14B
May 10, 2004
TO:
Mayor and City Council through City Administrator
FROM:
SUBJECT:
Jim Mulder, Director of Community Development ?)4//
Community Development Director's Approvol of Zoning Adjustment
04-03.
RECOMMENDATION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review if it desires.
BACKGROUND:
On May 7, 2004, the Community Development Director approved a request to
increase the maximum lot coverage requirement from 35% to 40% in the Single
Family Residential zone for a one-story dwelling over 14 feet in height.
The subject property, located at 877 Hazelnut Drive, is zoned Single Family
Residential (RS) and designated for Residential Less Than 12 Units Per Acre on the
Woodburn Comprehensive Plan Map. The surrounding properties are also
zoned RS and designated for Residential Less Than 12 Units Per Acre on the
Woodburn Comprehensive Plan Map.
The property owner is Dija,hnelos Homes, Inc.
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impaCt associated with the recommended action.
Agenda Item Review:
City Administrat~
45
City Attorney_
Financ~Y/
AFTER RECORDING RETURN TO:
Woodburn City Recorder
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
EASEMENT AGREEMENT
This Easement Agreement is made this [O.t-k. day of 1,,,fl_~ ~ ,2004, by
and between WOODBURN GRANGE NO. 79, "GRANTOR," and the CITY OF
WOODBURN, OREGON, "CITY."
WHEREAS, GRANTOR is the owner of certain real property along Settlemier
Avenue; and
WHEREAS, CITY is in the process of improving and widening Settlemier Avenue for
use by the general public; and
WHEREAS, it is necessary for CITY to immediately obtain from GRANTOR a public
utilities easement so that the project can proceed; and
WHEREAS, the parties desire to set out the terms and conditions upon which the
easement will be granted; and
WHEREAS, GRANTOR intends, in the near future, to deed fee title to its property to
CITY so that the planned street widening can occur; and
WHEREAS, the parties are presently negotiating the specific terms of CITY'S
acquisition of the fee title to GRANTOR'S property; and
WHEREAS, the parties have agreed that the amount paid for the public utilities
easement granted herein shall be offset in CITY'S favor and credited to CITY against the
purchase price of GRANTOR'S property when CITY acquires fee title to the property, NOW,
THEREFORE,
FOR AND IN CONSIDERATION OF the mutual promises, covenants and
agreements contained herein, the parties agree as follows:
1. Grant of Easement. GRANTOR, grants to CITY a permanent easement and
right-of-way, including the permanent right to construct, reconslruct, operate, and maintain
public utilities on the following described land:
See attached Exhibit "A" Legal Description of Permanent Easement
and attached Exhibit "B" Sketch for Legal Description of Permanent
Easement which are by this referred incorporated herein
Easement Agreement
Page 1 of 5
2. Consideration.
A. The true consideration for the easement is Twelve Thousand Eight
Hundred Dollars and Zero Cents ($12,800.00) and other valuable consideration.
B. The parties are presently negotiating CITY'S acquisition of fee title to
GRANTOR'S property described in Exhibit "A" so that Settlemier Avenue can be widened.
GRANTOR agrees that the entire amount paid by CITY to GRANTOR for the public utilities
easement granted herein shall be offset in CITY'S favor and credited to CITY against the
purchase price agreed to between GRANTOR and CITY for the purchase of fee title to
GRANTOR'S property.
3. Nature of Easement Agreement. This Easement Agreement shall be binding
upon the parties and their successors and assigns and shall run with the land.
4. Attorney Fees. In the event of any suit or action to enforce this Easement
Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and
disbursements, reasonable attorneys fees to be fixed by trial and appellate courts from the
time such action is filed.
5. Severability. If any provision or part hereof is for any reason determined by a
court of competent jurisdiction to be invalid or unenforceable, then such part shall be
severed from this Easement Agreement and the remainder of the agreement shall remain
fully enforceable.
6. Entire Agreement. This document is the entire, final, and complete
agreement of the parties and supersedes and replaces all prior or existing written or oral
agreements, or both, between the parties or their representatives relating to the property.
WOODBURN GRANGE NO. 79:
CITY OF WOODBURN:
Robert Smith
President
By:
John C. Brown
City Administrator
Eas ~ment Agreement
Page 2 of 5
CORPORATE ACKNOWLEDGEMENTS
STATE OF OREGON, County of Marion) ss.
The foregoing instrument was acknowledged before me this ,/~--7~"Z"day of
/f'~r~ 20~. by Robert Smith as President of Woodburn Grange No. 79 a
corpo n and the foregoing instrument was signed and sealed on behalf of said
corporation by authority of its Board of Directors; and each of them acknowledged said
instrument to be its voluntary act and deed.
--~,~ OFFICIAL SEAL
I~ MARY E TENNANT
I ~1,11~,.~ NOTARY PUBLIC - OREGON
I ~,,~'.. COMMISSION NO. 376284
MY {33NMSSION EXPIRES JAN. 13, 2008
NOTA~ I~BLIC F O-~R OR E~'~GON
My Commission Expires:
STATE OF OREGON, County of Marion) ss.
The foregoing instrument was acknowledged before me this day of
20 by John C. Brown as City Administrator of the City of
Woodburn and the foregoing instrument was signed and sealed on behalf of said
corporation by authority of its City Council; and each of them acknowledged said instrument
to be its voluntary act and deed.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
Easement Agreement
Page 3 of 5
EXHIBIT "A"
Legal Description of Permanent Easement
Beginning at a point on the westerly right of way line of Settlemier Avenue 30.00 feet
westerly at a right angle to Engineer's centerline Station -2+77.47;
Thence N77°00'00"W a distance of 29.50 feet to a point;
Thence Northeasterly, along the arc of a 10.00 feet radius curve left (the chord of which
bears N57°59'57"E 14.14 feet), an arc distance of i 5.71 feet to a point;
Thence N! 3°00'00"E, parallel with and 49.50 feet westerly of the centerline of Settlemier
Avenue, a distance of 135.57 feet to a point;
Thence Northeasterly along the arc of a 38.50 feet radius curve left (the chord of which
bears N02°09'36"E 14.48 feet), an arc distance of 14.57 feet to a point; A radial to said
point for the next course bears N57°43'23"E 75.00 feet;
Thence Southeasterly along the arc of a 75.00 feet radius curve right (the chord of which
bears S09°27'57"E 58.16 feet), an arc distance of 59.72 feet to a point;
Thence S 13°00'00"W, parallel with and 30.00 feet westerly of the centerline of
Settlemier Avenue, a distance of a distance of 106.05 feet to the point of beginning.
The above-described tract contains 2,782 square feet of land located in the Southwest
Quarter of Section 7, Township 5 South, Range i West, Willamette Meridian, City of
Woodburn, Marion County, Oregon.
Reft APN 5 I W 07CA 0600
Easement Agreement
Page 4 of 5
EXHIBIT "B"
Sketch for Legal Description of Permanent Easement
STA
6OO
500 A1
Map of Area Being Conveyed
- HIGHWAY
700 I
Easement Agreement
Paf=le 5 of 5