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Agenda - 04/14/1997 AGENDA WOODBURN CITY COUNCIL APRIL 14, 1997 - 7:00 P.M. City of Woodbum 270 Montgomery Street * * * Woodbum, Oregon 97071 e ge CALL TO ORDER AND FLAG A. Council minutes of March 24, 1997 regular and executive meetings. B. Planning Commission minutes of March 27, 1997. C. Library Board minutes of March 19, 1997. 3C D. Woodbum Human Rights Commission minutes of April 8, 1997. APPOINTldF~/ANNOUNCEMF~NTS/PROCLAMATIONS APPOINTMENTS Mammouth Park Committee; Bob Engle, Chair ANNOUNCEMENTS A. Budget Committee meeting - April 15, 1997, 7:00 p.m. City Hall, Council Chambers. PROCLAMATIONS B. National Library Week, April 13 - 19, 1997. 4B C. National Volunteer Week, April 13 - 19, 1997. 4(~ COMMIT~.N~ RN~PORTS A. Chamber of Commerce B. Other Committees COMMUNICATIONS A. Le. Rsr from reaiOeats on Wilson 8tme, t oonc~rning stroe, t paving. 6A BUglI~gS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) PUBLIC HEARINGS A. Water Master Plan. ~A Page I - Agenda, Woodbum City Council of April 14, 1997 10. TABLED BUSINF_SS A. Council Bill No. 1758 - Ordinance increasing local gas tax. GENERAL BUSINESS A. Council Bill No. 1786 - Resolution entering into agreement with Spencer and Kupper to complete a comprehensive downtown development plan. B.Council Bill No. 1787 - Resolution entering into a contract with City/County Insurance Services Trust for property insurance. C. Council Bill No. 1788 - Resolution entering into a commercial lease agreement with the Southern Pacific Transportation Co for property in Woodbum. D. Downtown Alley Improvement Project. E. Parr Road LID Project. F. Contract award for City Hall roof replacement. G. Request from WDA for removal of trees in Historic District along Front St. H.Acceptance of utility easement to provide for storm sewer improvements in conjunction with Meadowwood Subdivision. 11. APPROVAL OF CLAIMS A. Claim nos. 36091 - 36438 for the month of March, 1997. 12. PUBLIC COMMENT 13. NEW BUSINESS 14. SITE PLAN ACTIONS A. Site Plan Review 96-15 - Oil Can Hem'y's. 15. STAFF REPORTS A. Restricted parking within the Downtown Historic District. B. Joint LOC/AOC Legislative Workshop. C. Woodbum Community Access Television OVCAT) Annual Report. D. Library Week activities and Library Park and Atrium improvements. E. Closure of Gatch Street at railroad crossing. F. Building Activity Report for Mm'eh 1997. 16. CITY ADMINISTRATOR'S REPORT 17. MAYOR AND COUNCIL REPORTS 18. EXECUTIVE SESSION 19. ADJOURNMENT IOA lOB lOC 10F 10G 10Il llA 14A I~A 15c 15E 15F Page 2 - Agenda, Woodbum City Council of April 14, 1997 COUNCIL MEETING MINUTES March 24, 1997 3A TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF ORF_,Cd)N, MARCH 24, 1997. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present (7:20 pm) Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present 0017 0026 Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Public Works Manager Rohman, Police Lt. Eubank, Library Director Sprauer, Park Director Holly, City Recorder Tennant JENNINGS/FIGLEY .... approve the regular and executive session Council minutes of March 10, 1997 and the workshop minutes of March 11, 1997; and accept the Recreation and Park Board minutes of March 10, 1997. The motion passed unanimously. ANNOUNCEMENTS. A) ANNUAL CITY-WIDE CLFANUP DAY -- On Saturday, March 29th, United Disposal will accept yard debris only at their headquarters station, 2215 N. Front Street, between the hours of 7:00 am and 5:00 pm.. There is no charge to city residents who bring the debris to the designated location for this one-day service. Mayor Kirksey also stated that the Smurflt plant in Newberg also has a free drop site for yard debris for several months during the year, however, they are not opening their drop site until May 1st. B) CABLR TV ADVISORY BOARD MEETING -- This meeting will be held on April 8, 1997, 7:00 p.m., in the City Hall Council Chambers. C} WATER MASTER PLAN - A public hearing will be held on April 14, 1997, 7:00 p.m.., in the City Hall Council Chambers. Page 1 - Council Meeting Minutes, March 24, 1997 TAPE READING 0062 0236 0343 COUNCIL MEETING MINUTES March 24, 1997 D) CITY BUDGET HEARING -- The Budget Committee will meet on Tuesday, April 15, 1997, 7:00 p.m., to organize, receive the budget document, and he. ar the City Adnaini.~trator"s budget message. The public is urged to attend this meeting and subsequent meeting dates will be set by the Committee. CHAMBER OF COMMERCE REPORT. Cindy Kelley, owner of Valley Pacific Florists and Chamber Board member, stated that the Tulip Festival is now in progress and she read the list of events to take place over the next several weeks in Woodburn, at the tulip fields, and in the Monitor/Mt. Angel area. This year's events include, but not limited to, painting classes, free concerts performed by Tom Grant and entertainer Arthur Atsma, art exhibit, musical play at the Berry Center Museum, 10K volkswallc, and golf tournament. The Chamber office has a variety of 1997 Tulip Festival promotional items still available for the public to purchase. Preston Tack, 2197 Camilla Way, questioned the Council as to how the public can prepare themselves for this year's budget hearings. He referred to the open house on the Water Master Plan which provided the public an opportunity to familiarize themselves with the plan proposals prior to the public hearing date. Mayor Kirksey stated that the Budget CommiRee will hold several meetings to review the document prepared by staff and will make changes to the document based on the input from the Committee members and the general public. Councilor Figley briefly summarized the budget process which also includes a public hearing before the Council after the Budget Committee has held their meetings and approved the budget document. The Council adopts the budget document in late June following their public hearing. In the past, very few people have attended Budget Committee meetings and she encouraged more participation from the community especially this year in which reductions will be made due to the property tax limitation meagui'e. CONTINUATION OF PUBLIC HEARING - DOWNTOWN ALLEY LOCAL IMPROVEMENT DISTRICT, Mayor Kirksey continued the public hearing at 7:13 p~m.. Public Works Director Tiwari stated that the public hearing process started at the March 10th Council meeting at which time it was continued to this meeting in order to give staff time to send out new letters to the affected property owners to correct the payment information. It was noted that the LID process requires publication of the hearing date in the local newspaper as the means to notify affected property owners, however, staff had elected to notify the owners by letter which included a copy of the Resolution establishing the district and setting a public hearing date. He briefly reviewed the scope of the project utilizing Option B at an estimated project cost of $109,200. He reiterated that the City will be paying for infrastructure improvements (water and storm drain) and 3A Page 2 - Council Meeting Minutes, March 24, 1997 TAPE READING 0710 1100 COUNCIL MEETING MINIYrES March 24, 1997 downspouts will be connected to the storm drain. He recommended that, after hearing the proponent and opponent testimony at this meeting, the Council close the public hearing. Staff will then evaluate the percentage of opponents and report back to the Council at the next meeting at which time the Council would make a final determination on the status of the project. Copies of all written remonsWances were entered into the record (David Lindenmuth and petition). IAncoyan Cea, 553 N. Front, spoke in opposition to his paying 50% of the cost of the improvement. He feels that improvements are needed but he would like to work with the City in the overall design of the project in order to keep costs at a minimum. He stated that he had submitted a petition to the City signed by other affected property owners earlier today and he wanted to submit an amended page which added names to the list of owners in opposition. John Verbin, representing Constantine Verbin, questioned the procedure in establishing an Local Improvement District (LID) and questioned why ballots are not sent to affected property owners. In discussing this issue with other property owners, no one seemed to understand what was being proposed nor did they understand the process. He reiterated that his father is not in favor of this project. He also felt that the City should pick-up the total cost of the project rather than assessing the property owners since the alley is a public right-of-way and used by general public. Mayor Kirksey stated that property owners should have contacted the Public Works Department if they did not understand process. She suggested that he talk to the Public Works Director to obtain more detailed information on Local Improvement Districts. Dick Steen, 563 N. Front St., stated that he is a contract buyer and he questioned who has the voice on this issue. Attorney Shields stated that the owner, not contract buyer, is allowed to submit a remonstrance. Public Works Director Tiwari responded to questions that were brought up under testimony from the opponents. He stated that the LID process is well recognized across the nation and certain methods and procedures are followed which are outlined by state statutes and city ordinances. In addition, there are certain precedents that have been set by the Courts. The governing body makes a judgment on how much benefit the project has to each property and they set the applicable ratio of costs to each property. Mayor Kirksey declared the public hearing closed at 7:37 p.m.. In reference to a recent Woodbum Independent article, Councilor Jennings stated that his statement to Chuck Sauvain was made in humor and in no way was the Public Works Director's job in jeopardy if the alley was cut-up in 6 months. He also stated that he 3A Page 3 - Council Meeting Minutes, March 24, 1997 COUNCIL MEETING MINUTES March 24, 1997 3A TAPE READING would be talking to Ms. Webster, Elks Lodge manager, to see if she really understood what was being proposed before she signed the remonstrance petition. Attorney Shields stated that the remonstrances received through the close of the hearing would be tabulated to see what percentage of the property owners were opposed to the improvement project. Following a brief discussion on the need for an accurate tabulation of those property owners who have filed a remonstrance, JENNINGSfPUGH .... instruct the staff to tabulate and analyze statistics and come back with those findings with a f'mal judgement to be made at the next regular Council meeting. The motion passed unanimously. 1277 PUBLIC I-W~ARING - PARR ROAD LOCAL IMPROVEMENT DISTRICT. Mayor Kirksey declared the public hearing open at 7:42 p.m.. Public Works Director Tiwari reviewed the LID process and informed the Council that staff had sent letters and met with affected pwperty owners to outline the project and allocation of costs. He reviewed the assessment policies that were being applied in this project since the street width would be greater than the standard 34' foot width. The cost for the additional capacity would be paid for by the School District and the City. The School will also be absorbing the cost for additional street width near the Selllemier Ave. in~rsection since a turn lane is required. There will be no cost to property owners along Settlemier Ave. for the intersection improvement since those costs will be paid for by the City through state and SDC funds. Property located within the improvement district but outside of the city limits will be assessed similar to other properties within the City, however, their costs will be absorbed by the City and School District with a provision that the owners would repay the assessment to the City if the properties are annexed within the next 10 years. He reviewed the improvement plans for the Settlemier Ave./Parr Rd. intersection which would also include modifications to the railroad crossing. The total estimated cost for the intersection reconfiguration and street improvements is $1,167,757 of which the LID assessment is $442,447. Of the remaining balance, the railroad would be paying approximately $286,939 leaving a balance of $438,171 to be paid through various City sources. Since the passage of the Resolution, some adjustments have been made to the dollar amounts to be assessed to specific properties. The School District has agreed to pay approximately $12,000 more towards the cost of improvements thereby reducing the individual assessments to the north/south properties near the Settlemier Ave. intersection. This arrangement was made because of the need for the turn lane on Parr Road. Following his staff report, Director Tiwari suggested that the Council close this hearing once the proponent and opponent testimony has been received and staff be instructed to tabulate the remonstrances to determine the percentage of opposition to this project. 2127 Hazel Smith, 105 Ben Brown Lane, stated that she owned property across from the new school which is located outside of the city limits. She spoke in favor of the Page 4 - Council Meeting Minutes, March 24, 1997 TAPE READING 2495 COUNCIL MEETING MINUTES March 24, 1997 improvements, however, she did want a corr~:tion in regards to tax lot 100 in that the assessment would be due only when the 393 feet abutting Parr Road to a 500 foot depth is annexed to the City. She stated that her property goes from Parr Road to behind Nellie Muir School which is located near Hayes Street. If the annexation and development of a portion of tax lot 100 begins closer to the Nellie Muir School property, she should not be responsible for paying her share of the assessment cost since aec. ess to city streets would not involve Parr Road. Dr. lack Reeves, Woodburn School District Superintendent, stated that the District is in favor of the improvement project with the primary purpose being safety for the students. The improvement will also improve the traffic flow during peak usage hours of school operation. Lester Bischoff, representing Hope Lutheran Church, 211 Parr Rd, stated that the Board of Trustees for the Church are in favor of the project but in opposition to the assessment costs as it is outlined in the Resolution. He stated that a second letter has been submitted to the City regarding this project, however, it involves real estate negotiations which is not open for public discussion at this time. Norma Gardner, 897 Kelowna (tax lot g2300), questioned why her assessment is approximately $1,400 while a lot located not far from her is assessed at only $800. She also questioned how soon this assessment would take affect since she will be putting her property up for sale in the near future. Debbie Monnier, 328 Parr Rd. (owner of one of the two properties located outside of the City), stated that they are in favor of the project, however, they concur with the Church's statement and object to how the assessments have been calculated. Public Works Director Tiwari stated that staff would be recommending that Mrs. Smith's request to limit the annexation area to within 500 feet of the roadway abutting Parr Road be accepted by the Council. In regards to the project status, it is the intent of the City to begin this project as soon as possible in order to get as much accomplished before school begins this fall. The first phase will be improvements to Parr Road with the primary goal to give the school children a safe place to walk. He stated that he is willing to meet with Mrs. Gardner to review the length of her property which is being assessed. Mick DeSantis had submitted a letter in favor of the project, however, he felt that the properties east of Parr Acres should pay for the sidewalks in full rather than the City paying for one-half of the cost since the City should not subsidize a development that did not conform to City standards when it was built. Director Tiwari stated that City policy determined earlier was that those properties which are facing Parr Rd and do not have access from another public street are to be assessed at full value. Comer lot properties are being assessed at 1/2 cost of sidewalk since they already have a sidewalk and a local public street in front of their home. Mayor Kirksey declared the public hearing closed at 8:23 p.m.. 3A Page 5 - Council Meeting Minutes, March 24, 1997 COUNCIL MEETING MINUTES March 24, 1997 3A TAPE READING Councilor Figley stated that it was mandatory that sidewalks be installed before school begins this fall. She stated that there have not been any comments made by the property owners in opposition of the project, however, there are concerns on the methodology being used in determining specific costs to property. Councilor Jennings stated that he is in favor of the project and is glad to see the bikeway placed about 5 or 6 feet away from the road which does show some foresight in plarming. 3009 JENNINGS/SIFUE~Z .... staff be instructed to tabulate the findings and bring those findings back to the next regular Council meeting at which time the Council will make a final decision. The motion passed unanimously. Councilor Jennings commended the author of the letter from the Church since they had done their homework in analyzing the situation. 3025 The Council took a recess at 8:25 p.m. and reconvened at 8:34 p.m.. Tape 2 0oo,! TABI.RD BUSINESS - COUNCIL BH.I. 1758 - ORDINANCE INCREASING THE LOCAL GAS TAX. No action was taken by the Council to remove this item from the table. .00O5 COUNCIL BH.L 1784 - ORDINANGE GRANTING SITE PLAN REVIEW APPLICATION 95-10 II,UBA NO. 95-195} ON REMAND. Council Bill 1784 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Attorney Shields stated that the findings and conclusions were prepared by the applicant's attorney, Dale Crandall, and staff has faxed a copy of the proposed Council bill to Mr. Crandall for comments but has received no comments from him as of this date. On roll call vote for final passage, Council Bill 1784 passed unanimously. Mayor Kirksey declared Council Bill 1784 duly passed with the emergency clause. 0039 COUNCIL BHJ. 1785 - RESOLUTION ENTERING INTO AGREEMENT WITH STATE DEPARTMENT OF TRANSPORTATION FOR TRANSIT 1996-97 "SMAIJ. CITY OPERATING AGREEMENT". Council Bill 1785 was introdnced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Jennings questioned the delay in receiving the agreement since the City's fiscal year is July 1 through June 30. Public Works Manager Rohman stated that funding comes from the federal government to the State for d~tn'bufion and the federal fiscal year is October 1 through September 30th. Page 6 - Council Meeting Minutes, March 24, 1997 COUNCIL MEETING MINUTES March 24, 1997 3A TAPE READING On roll call vote for final passage, the bill passed u~snimously. Council Bill 1785 duly passed. Mayor Kirksey declared 0076 CONTRACT AWARD - EAST HARDCASTLE STORM SEWER. Bids were received from the following contractors for storm sewer improvements along East Hardcastle: R & D Construction, $93,583.00; Scarf Bros., $116,280; Cushing Bros. Inc., $124.081.50; E.A. Backhoe, Inc., $139,877.50; Geico Construction, $140,114.00; 4 Rivers Construction, $146,151.00; J.L.S. Inc., $147,067.00; Western Oregon Excavation, $169,169.50; Miller & Sons Contractors, $170,153.50; Canby Excavating, $205,628.95; and Davidson Utilities, $223,558.00. Staff recommended the acceptance of the low bid from R & D Construction which was 10.8% less th_an the engineer's estimate of $105,021.00. HAGENAUER/JENNINGS ..... award the contract to the low bidder, R & D Construction, in the amount of $93,583.00 for the East Hardcastle storm sewer improvement. The motion passed unanimously. 0095 STAFF REPORTS. A) ENHANCRD SAFETY PROPERTIES PROGRAM ~ Police Lt. Eubank reviewed the staff memo which reviewed the various components of the program. To date, five out of six participating properties have received all three levels of certification. Enhanced Safety Properties Program Signs will be installed at participating properties who complete all 3 levels for a period of 1 year with annual renewals based on continued participation in the program. Mayor Kirksey stated that she had already received calls from citizens who had read about this program in the local newspaper and are questioning why other landlords within the City are not participatin__g in this program. B) LIBRARY DONATIONS AND PROJECT UPDATE ~ Library Director Sprauer informed the Council that the Library will be a recipient of a donation from the Woodburn Women's Club who has decided to disband. The approximate value of the donation is $1,992.00 and it will be placed in the Library Endowment Fund. Staff has written a "Thank you" letter which will be published in the Woodburn Independent. The new Reader Board was install~ today in Library Park and thc undcr~round sprinkler system will be installed next week. Volunteers are welcome to assist the Parks Maintenance crew with this project. A work crew from MacLaren School for Boys will also be helping at the Park. B) RESUMPTION OF GREYHOUND BUS SERVICE TO WOODBURN-- Negotiations are taking place between Greyhound and LA-KZ (located at 397 N. Front Street) regarding the resumption of the bus service to our community. Greyhound has contacted the City to see if they could utilize the current bus stop area on Hayes Street Page 7 - Council Meeting Minutes, March 24, 1997 COUNCIL MEETING MINUTES March 24, 1997 3A TAPE READING and staff has informed them that it could use the bus stop if interference with the City's fixed transit route was kept at a minimum. 0270 MAYOR AND COUNCIL REPORTS, Councilor Sifuentez stated that Sen. Ron Wyden will be at the Community Center on April 3rd, 6:00 p.m., to talk with citizens on topics of interest. She encouraged the public to attend this informal meeting. Councilor Pugh questioned if advanced information on the budget will be given to the Councilors before the April 15th budget meeting. Administrator Childs stated that the budget document is still being compiled by staff and recent legislative proposals would have a different financial impact on the City over what was originally passed. At the April 15th budget meeting, a balanced budget will be presented to the Committee who can then make any changes they deem appropriate. The public is encouraged to attend the budget meetings and to give their input on the budget proposals. Councilor Figley stated that she understands that it can be inaccurate and misleading to present a budget that is incomplete, however, our citizens are concerned about potential cuts in services and/or programs. She would prefer having advanced knowledge of what is being proposed rather than having an unexpected proposal submitted to them at the last minute. Administrator Childs stated that he is more than willing to discuss preliminary proposals with the Couucilors either during regular or off business hours. He reiterated that staff intends to propose a good budget even though there will be reductions in light of Measure 47. Councilor Jennings suggested that a memo be written to inform the Council as to what direction the City is taldng on funding of programs since we are one of only a few cities in which the Councilors do not know what the impact will be and, in his opinion, the Council deserves to know this information. Councilor Jennings stated that on April 5th & 6th, bleuvo Amanceer will be needing volunteers and equipment to help install playground equipment at the complex. He encouraged interested citizens to help with this worthwhile project. Workers will be fed authentic Mexican food prepared by the residents of the complex. 0546 Mayor Kirksey stated that she will be serving 1 hour "in jail" on March 25th as part of the annual Muscular Dystrophy Fund Drive and she will be calling the Councilors to request that they donate one month's check from the City (approximately $22) towards this program. She also stated that she will be attending the funeral service for Andrea Schooler who was instrumental in organizing the Latin American Club and involved in a number of community projects. Page 8 - Council Meeting Minutes, March 24, 1997 COUNCIL MEETING MINUTES March 24, 1997 3A TAPE READING 0616 EXECUTIVE SESSION. JENNINGS/FIGLEY .... adjourn to executive session to 1) conduct deliberations with persons designated by the governing body to negotiate real property transactions (ORS 192.660(1)(e)); and 2) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed (ORS 192.660(1)(h)). The motion passed unanimously. The meeting adjourned to executive session at 8:57 p.m. and reconvened at 9:41 p.m.. No action was taken by the Council as a result of the Executive Session. Councilor lennings informed the Council that the fu'st meeting of the Mid Willamette Valley Advisory Committee on Transportation is scheduled for mid-April. 064O ADJOURNMENT. JENNINGS/FIGLEY... meeting be adjoumed. The meeting adjourned at 9:42 p.m.. The motion passed unanimously. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, March 24, 1997 Executive Session COUNCIL MEETING MINUTES March 24, 1997 3A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 24, 1997. CONVENED. The Council met in executive session at 9:00 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Mayor Kirksey reminded the Councilors, staff, and press that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, City Recorder Tennant Press: Patrick lolmson, Woodbum Independent; Meghan Stone, Northland Cable 1) The first part of the executive session was called under the authority of ORS 92.660(1)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. Public Works Director Tiwari left the meeting room before discussion began on the second part of the executive session. 2) The second part of the executive session was called under the authority of ORS 192.660(1)(h) to consult with legal counsel concerning the legal fights and duties of a public body with regard to current litigation or litigation likely to be ~ed. ADJOURNMENT. The executive session adjourned at 9:40 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - Executive Session, Council Meeting Minutes, March 24, 1997 MINUTES WOODBURN PLANNING COMMISSION MARCH 27, 1997 3B .C.~;Z~/j=.I~3 The Planning Commission met in regular session at 7:00 p.m. with Vice Chairperson Will presiding. ROLL CALL Chairperson Atldnson Absent Vice Chairperson Will Present Commissioner Henkes Absent Commissioner Schultz Absent Commissioner Lawson Absent Commissioner Frawley Present Commissioner Palmer Present Commissioner Torres Present Commissioner Warzynski Absent Staff Present: Steve Goeckritz, Community Development Director Commissioner Palmer motioned to accept the minutes, Commissioner Frawley seconded. The motion passed unanimously. BUSINESS FROM AUDIENCE None COMMUNICATIONS None pUBLIC HEARING An ordinance regulating the location, and the siting of telecommunication towers. The city currently has five telecommunication sites: two in the industrial park, one is located on the water tower (a collocated facility), one north of Crosby Road (outside the city limits), and one on Parr Road (outside city jurisdiction). 1996 Telecommunications Act (Telcom Act) affects local land use controls. Section 704 preserves the authority of local govemmenL Ordinance would allow tower locations in industrial zones. Restricts allowance in residential and commercial. Ordinance encourages collocation, which would provide permitted outfight use. Public hearing was closed. Page 1 - Planning Commission Minutes of March 27, 1997 Staff' · Findings of approval were included in the Telecommunication Facilities Regulations, these will be incorporated into the ordinance to be signed at the next meeting, if the commission approves the findings. Commissioner Palmer Facilities Regulations Commissioner Frawley motioned to approve the incorporation of the Telecommunication into the Woodbum Zoning Ordinance as presented by staff. seconded the motion. · Motion passed unanimously. Commission complimented staff on the work involved in preparing this ordinance. 3B DISCUSSION ITEMS Measure 47 - Ben Gille~pie Presented changes that will affect the city as outlined in report included in packet. 97/98 property taxes will be the lesser of 94/95 taxes or 95196 taxes less 10%. 97/98 taxes will increase by no more than 3%. Future property tax measures will require 50% approval of those voting and at least 50% of those eligible to vote. New development will be taxed at the same rate as existing similar property. Funding of government products or services, previously funded by property taxes, may not be shifted to 'fees, assessments, or other charges'. 'Son of 47" was discussed; what would happen if passed, and if not passed. Commission complimented Ben on his ~ it was very informative and well presented. Lot Line Adiustment Case File # 97-01- Hershberger Amey Road Staff · Administrative approval was granted Commissioner Frawley · If this property is zoned CG, will a zone change be required for auto dealership? Staff · A zone change may be requested in the future. Plan Review ~-t ~; - Oil Gan Hen _ry's Staff · Administrative approval was granted. Page 2 - Planning Commission Minutes of March 27, 1997 Commis~;iorler Frawley · Strongly agrees with staff that a right-turn-only be permitted onto Hwy 214. ODOT's position was they could not prevent traffic from making a left turn. Staff recommended to ODOT that a sign be posted for right-turn-only, this would at least deter traffic from turning left. ODOT was not receptive to signage for right-turn-only, and would not endorse the city's position on this matter. Proposed Salud Medical Center Parking Lot Addition Vice-Chairperson Will · Was the building purchased? Staff Mr. Mark Wolf will be the representative for the purchasers, who will be renovating the building. Building was purchased for $10 and renovation will be an additional cost. Ex oarte contact - Mr. Bob Shields · Staff presented this document for further clarification on ex parte contacts. Prooosed Salud Medical Center Parking_ Lot Addition · Presented for the commission's information Update reg_ardinq an I-5 interchange reconnaissance study Reviewed letter from Mr. Richard McSwain, Community Based Solutions Manager with ODOT. Staff was disappointed that no specific dates or decisions were addressed. Mt. Angel, Silverton and the city support the I-5 interchange improvement. The city is growing and needs better east/west traffic flow to transport traffic efficiently, conveniently, and safely. Commission Palmer · Is ODOT looking at the other exit or just addressing the current interchange? Staff · ODOT is addressing the three alternatives provided by the city. REPORTS · Building Activity Report for February 1997. 3B Page 3 - Planning Commission Minutes of March 27, 1997 - 3B BUSINESS FROM THE COMMISSION Commissioner Palmer · Regarding status of 1015 Williams violation of overcrowding and garbage. The garbage has been eliminated. · City should research the Statesman article regarding stricter enforcement of code in the city of Salem and the new ordinance that they adopted. Staff Our code enforcement program has been discussed between Salem and staff. Staff stated that our city's code enforcement program works better than Salem, Gresham and other cities. · Staff is doing land use code violations. Commissioner Frawley · What is the status of Hardcastle and 99 where the occupant was operating a car repair business? Staff · The individual has b,.-'-~ cited and staff and the code enforcement officer will be going by next week for further citation of the violation. · Steve Martinenko, who is in charge of our housing rehab program, who is a neighbor, has observed the car repair business; however, it is done on the week-end and in the evenings when the code enforcement officer is not on duty. Vice-Chairperson Will · Did staff read about the mayor of Salem increasing the building fees. Salem will be putting a building fee increase of 50% on the ballot for a vote. Staff · Staff will be interested in the outcome of this vote. ADJOURNMENT · Motion was made to adjourn and seconded. adjourned. Motion passed and meeting the was Page 4 - Planning Commission Minutes of March 27, 1997 . 3C MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: STAFF PRESENT: GUESTS: CALL TO ORDER: SECRETARY'S REPORT: DIRECTOR'S EPORT: March 19, 1997 Willy Baldwin - Present Gloda Predeek - Present Phyllis Bauer - Present Jean Weathedll - Present Dorothy Jaeger - Present Linda Sprauer, Director Judy Coreson, Recording Secretary Irene Novichihin and Mark Hansen, representatives from the Woodbum School District, presented new strategic planning for the school distdct prior to the meeting. The school distdct is encouraging involvement from the community. President Dorothy Jaeger called the meeting to order at 12:30 P.M. The monthly Board minutes of February 19, 1997 were approved as submitted. Monthly Statistics: The monthly statistics were self-explanatory. The count of people visiting the library for the month of February 1997 was 12,698. Activities: The Chautauqua program on March 19, "One Woman, One Vote", was well attended. The next Chautauqua program is scheduled for Apdl 9, "Steam Whistle Logging", at 7 P.M. at the Bungalow Theater;, and the final program will be Apdl 30, "Oregon Trail, Oregon Tales", at 7 P.M. in the City Hall Council Chambers. The Library will be dosed Sunday, March 30 for Easter. National Library Week is Apdl 13 - 19. Volunteers: Norma Cook, our 94 year volunteer who fell and broke her hip, is now at home and doing well. Jean reported she did send a card to Norma from the Library Board. Bob Johnston was chosen Volunteer of the Month for February. The Woodbum Independent has been having great articles on the Library's Volunteer of the Month. National Volunteer Week and National Library Week coincide during the week of Apd113 - 19. An Appreciation dessert is being planned for our volunteers. 3C OLD BUSINESS: Reader Board: The new reader board was installed in Library Park today. This reader board was a result of a $1000 donation from the French Praide Kiwanis. The Library Board voted to use these funds for a reader board to announce activities at the Library. Additional funds were also used from the Library Endowment Fund; partial funds from the Burlingham Trust Grant for the sprinkler system; and by having part of the work done by the City's Maintenance Crew. NEW BUSINESS: Donation: The Woodbum Women's Club is disbanding and has donated their remaining funds to the Library in the form of a Certificate of Deposit worth $1,991.82. This Certificate of Deposit was renewed for one year and will be posted to the Library's Endowment fund. This organization started the Public Library in 1906 and then in 1911 turned it over to the City. Since the group has disbanded, a letter of appreciation to the Woodbum Women's Club will be put in the Woodburn Independent. 1997-98 Budget Proposal and Measure #47 Update: Linda has given Chris Childs the Library's 1997-98 Budget Proposal. With a carry forward of $17,000 of Capital Outlay funds and a 25% reduction of all 'book budget" line items, it appears that no personnel will need to be laid off. The general consensus of the Library Board was to keep as many hours for personnel as possible. IJnda has not calculated how many hours the library will be able to be open to the public with this level of staff hours. ALA & OLA News with a Legislative Update: Linda discussed current library legislation issues. Apdl Meeting Date: The Apdl monthly Board meeting was changed to Wednesday, Apdl 30. Previous Board Member:. Lillian Haislet, a previous Board member of 16 years, passed away this week. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjoumed at 1:20 P.M. Respectfully Submitted, Judy Coreson Recording Secretary Library Board Minutes - 3/19/97 3D Meeting Minutes - April 8, 1997 Conference Room B - Woodburn Family Practice Clinic I. ROLL CALL Members Present: Members Absent: Wendy Veliz Doyne Deos Marilyn Landeen Dave Fischer Jody Fischer Tim Vandersteen Staff Present: Ken Wright Nita Marr Guests: Ashley Veliz Peggy Novotny Meeting Called to Order at 7:1 1 p.m. - Jody Fischer presiding II. AGENDA ITEMS A) Discussion of Martin Luther Kintq Jr. Celebrations Ashley Veliz described the activities at her school which included a prayer service, musical program, and oral essays from children about Dr. King and his work. Doyne Deos attended the Sunday evening service at a church in Salem where there was standing room only, and reported it was very inspirational. Ideas offered for celebrating the holiday in Woodburn next year included: · advocate school celebrations tap into MacLaren School for speaker or join celebration · dovetail musical programs within the school district · bring in author/speaker/performer(s) to add to programs already in place · perhaps alternate Martin Luther King Jr. and Cinco de Mayo focus each year during music festivals through schools Dave Fischer and Wendy Veliz volunteered to coordinate a partnership with the school system to work toward a common celebration. Jody Fischer will "test the waters" with the school board as to their feelings about the Human Rights Commission contributing to programs/celebrations within the school district. B! Human Rights Commission - ~tpril 97 As a side issue - discussion ensued regarding Cinco de Mayo celebrations. El Centro Cutural is holding their celebration at the fairgrounds in Salem rather than downtown Woodburn this year. They have grown too large for the downtown area. There are celebrations being held at Lloyd Center and Pioneer Courthouse Square in Portland as well. Nita Marr will contact Chemeketa Community College - Woodburn branch and ask if they are holding a Cinco de Mayo' celebration this year. [/did, and they are not. J Side issue #2 related to the two new schools due to open in September of this year, which are yet unnamed. Jody Fischer expressed a desire to involve the students in choosing names, and to promote names that reflect Woodburn's cultural diversity. Peggy Novotny suggested choosing names which reflect a value rather than a person's name, i.e. School of Unity, School of Diversity. Fostering higher understanding and tolerance between cultures, and possible ways to that within the community were addressed as follows: 3D · promote "Best Recipes" contest · publish Woodburn Ethnic Recipe Book · organize a cookoff · develop a list of speakers/performers to appear at various civic group meeting and community activities Discussion continued regarding a list of speakers who could ideally provide inspirational presentations to groups such as the Ministerial Association, Chamber of. Commerce, Kiwanis and Rotary Groups, Woodburn Together, Senior Estates Coffee Club, and school functions. Members and guests were asked to make contact with individuals/groups they would like to have available for presentations, acquaint them with the Commission's goals in raising cultural awareness and ask for their criteria in scheduling them for possible future engagements. Results will be presented at the next meeting of this Commission. At this point in the meeting, Wend¥ Veliz asked that Agenda Item E (Criteria for Human Rights Awards be discussed, it being necessary for her to leave the meeting eady. C) Human Rights Awards Criteria Wendy Veliz submitted the following as her suggestions for the award criteria: Demonstrates leadership in our community by valuing diversity 2 D) E) F) Human Rights Commission - April 97 A community member who seeks to educate and raise awareness of the benefits of diversity · The ordinary person who has done the extraordinary thing Jody Fischer added that the Commission should consider those who "walk the walk" and incorporate the valuing of diversity in their everyday lifestyle. Members shall review these criteria and add their own ideas along with possible recipients they have in mind to be discussed at the next meeting, which will be especially earmarked as a workshop to define the precise criteria and decide on award process for immediate implementation. Adoption of Mission Statement - Commission members agreed to adopt the mission statement contained in City Council Bill #1503, with the addition of the term "sexual orientation", as its formal mission statement; which shall read as follows: The Woodburn Human Rights Commission's mission is to foster mutual understanding and respect, and to protect the human rights of all persons in the City of Woodburn regardless of their race, gender, age, sexual orientation, religion, or national origin. Members also agreed to adopt the following as their formal motto: 'People Valuing People" News Article - Dave Fischer was tasked with writing an article for publication in the local newspaper, and distributed a collection of ideas in that regard to members (Attachment A). After some discussion, it was decided to invite a reporter from the Woodburn Independent to attend the next meeting of this committee whereby s/he could get an idea of what the commission is about and what direction we are striving to take. We could take the opportunity to promote the Human Rights Awards - cite the criteria, perhaps have a nomination form included in the paper. HRC Staff will contact Pat Johnson at the Independent and invite him to the meeting. Review of "Racism Free Zone" draft pamphlet - Marilyn Landeen moved to adopt and motion was passed that the pamphlet be adopted by the Commission, translated into Spanish and Russian, and promoted through the community in schools, (ethnic and leadership groups) and church youth groups. HRC Staff will arrange for translation and reproduction of pamphlets. 3D 3 G) H) I) Human Rights Commission - April 97 Discussion of City Survey Results - General discussion on the survey results culminated in the understanding that there is a definite unhealthy and inaccurate perception of the downtown area by many citizens, who are more than willing to deride the hispanic element of our community as long as they are able to remain anonymous. It is this mindset this Commission is hoping to impact through the promotion of cultural diversity activities. General Discussion - Jody Fischer suggested as part of awards program - candid action photos, certificates, dinner gift certificates, publishing a collage poster of award winners. Ken Wright announced the availability of $500.00 in donations which could be used toward the award program. HRC Staff will contact Bruce Thomas at Yes Graphics regarding design and printing of a photo collage. Next Meeting - is scheduled for May 6, 1997 at 7:00 p.m. in the Conference Room at City Hall - 270 Montgomery Street 3D II1. ADJOURNMENT - Meeting was adjourned at 8:50 p.m. CC: Woodburn City Council Woodburn Independent file 4 Human Rights Commission - April 97 ATTACHMENT A Draf~ news article (what about Woodbum radio public affairs bulletins in English and Spanish and Russian and local cable news feature)? Produce first article when commission is actively promoting a project to enhance credibility? HRB building "talk" motions into action downtown paint - flower plot dedicated to ... with a classic little sign ... downtown "needs a name" applies to Hispanic culture, what about Russian culture, what about "Anglo" culture, what about other cultures ... shouldn't such efforts be visible in all components of the city ... what about at the "Welcome to Woodbum" signs ... AND how come there are no welcome signs at the ~y and 99E entrances [good place for "Welcome to Woodbum - we respect our diversity" sign] ... classy signs lit at night with seasonal landscaping ... -- statement? article or feature to say: who we are commission mission statement in response to city charter promote an activity request contact for concerns? Be real careful with this one Then: as a goal have such suecess~ features promoted each quarter or four times a year or some · other schedule. All this seems to reflect my idea that such a commission should take a stance to set a positive tone for cultural acceptance rather than being an activist vocal group or one that attempts (as its p~rnary purpose) to resolve cultural clashes. This all n~l~ thought and guidanc~ and di~c~on. 3D PROCLAMATION NATIONAL LIBRARY WEEK ~F~, Libraries provide information essential to our culture; and Librarians provide this verifiable information in response to the needs of citizens at work, home and school; and Reading and information is an integral part of our national experience; and Libraries are free and accessible to all Americans and nurture this Nation with vast resources of knowledge and information; and The quality and quantity of information and services provided by libraries is dependent upon community support; and Staff persons in libraries are a valuable human resource in the age of computers and automation; and The Woodbum Public Library and libraries throughout America are celebrating National Library Week during the week of Apdl the 13th through the 19th, with the theme: "Kids Connect @ the Library"; and NOW, THEREFORE, That theme encourages us to use available technology to learn more, grow more, and enjoy more through the pov~-"r and pleasure of reading and expand our horizons by using the wide vadety of materials and equipment our libraries offer. I, Nancy Kirksey, Mayor of the City of Woodbum, do hereby proclaim April 13-19, 1997 as: WOODBURN LIBRARY WEEK in the City of Woodbum, Oregon and I urge all Citizens to become familiar with the local library and the staff available to assist them in their search for information. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the City of Woodbum to be affixed this 14th day of Apdl 1997. City of Woodd~"~bum, Oregon / 4B ~70 Montgomery Street Woodburn, Oregon 97071 982-5222 PROCLAMATION NATIONAL VOLUNTEER WEEK APRIL 13- 19, 1997 4C WHEREAS, voluntar programs actively involve nearly 455,000 men and women nationally in community service projects of every nature imaginable, and WHEREAS. Woodburn has a very active volunteer program in the Retired Senior Volunteer Program. contributing approximately 41,420 volunteer hours per year by 436 volunteers, and WHEREAS, the people who volunteer their time, effort and talents do so unsel~l~ with thoughtfulness and concern for their fellow citizens and community, and WHEREAS, volunteerlsm involves sharing special skills and experiences to a va~ety of projects, such as provkflng transportat~n to meoTcal appointments, serving mee~ to seniors, deEvarb~ meals to the homebound, ~ and shelving book at the library, wdcoming visitors to Woodborn through the Chamber of Commerce, and assisting others in schools and offices throughout the community, and WHEREAS, the observance of National Volunteer Week, April 13 - 19. 1997, brings deserved recogn~'on of the values of volunteering to communities and individuals; NOW. THEREFORE, I. Nancy A. IO'rksey. Mayor of the City of Woodburn. do hereby proclaim April 13 - 19, 1997 as VOLUNTEER WEEK IN WOODBURN ~gne¢t this ~th day of Apr/l. 1§§? Nancy A.' l(Trksey, Mayor/ City of Woodburn / 6A MARCH 27, 1997 TO: MRS. NANCY KIRKSEY, MAYOR FROM: SOFIA & ARTIMON KUZMIN SUBJECT: PAVING WILSON STREET Dear Mayor KirkSey, My husband and I want to build a house on Wilson St., But the city won't allow it. They said that we have to pave the road. We want to pave the road, but the property owner on the other side refuses to pay his portion. And the sad part is that he doesn't live in Woodburn. In the summer time I can't even open the windows in my house because of the dust. Other cars always spin their tires sending rocks everywere. Last year in the Woodbum Independent it said the city wants to pave several roads in Woodburn but they are lacking funds. We will gladly pay our share of the cost. You may reply by calling us at 981-8166 or by mail to our address at 596 Wilson St Sincerely, S~o/ffa Kuzmin Artimon Kuzmin 8A MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager J~'~ Water Master Plan Public Hearing April 9, 1997 RECOMMENDATION: At the conclusion of the hearing direct staff to bring to council a resolution approving the Water Master Plan. BACKGROUND: The city contracted with HDR Engineering to assist staff in the preparation of a new water master plan for the city. In the course of the plan development an open house was held on December 5, 1996 and two council workshops were held on August 19, 1996 and February 3, 1997. A presentation was made on the plan at the Senior Estates clubhouse on January 28,1997. The city had four main objectives to be met in development of the water master plan. They were: + Satisfy'Public Requirements + Comply with Changing Regulations -I- Provide Reliable Fire Protection -t- Economically Meet Future Needs The city obtains its drinking water from six wells located throughout the city. The water is pumped from the wells without treatment of any kind into the distribution system which brings it to residents and businesses in the city. The water is moderately hard with significant concentrations of iron and manganese. The water currently provided is safe and meets all current requirements of the revised Safe Drinking Water Act of 1996. The city did experience violations of the Total Coliform Rule of this act in 1993 and 1994 due to detection of non critical coliform bacteria in excess of the rule's limits. Tests for compliance with this portion of the rule are conducted monthly and violations have not reoccurred since that time. 8A Problems with the city's water are primarily aesthetic and dealing with the public's concern with these problems was one of the goals of the plan. The iron and manganese content of the water give it a strong taste and stain sinks, toilets and even laundry. There are also complaints concerning the smell of the water. A treatment process which utilizes potassium permanganate to remove iron and manganese was selected as the preferred option from the various treatment systems evaluated. This treatment system does not require that chlorine be added. The plan looked at proposed changes to federal rules that will be issued in the next few years. One change would require mandatory disinfection of groundwater. If required to comply with this rule, the city may be required to add small amounts of chlorine to the water supply. The chlorine would also serve to eliminate any future coliform bacteria problems. The city is reluctant to add chemicals, such as chlorine, to the water. The potassium permanganate process does offer the flexibility to add disinfection if it does become a requirement. City water currently contains small amounts of naturally occurring arsenic which are well below the currently established maximum limit but could require removal under potential new rule limits. An advantage of the potassium permanganate treatment process is that most of the arsenic should be removed with the iron and manganese. Another goal of the planning process was to look at the city's water needs over the next twenty years and identify any expansions that are necessary to meet these needs. Deficiencies in storage were identified and proposals are included in the plan to add additional ground reservoir water storage. Additional wells are also included to meet the growth needs of the community. The final goal of the plan was to insure that there are adequate fire flows available to provide for the protection of buildings and residents. The increased storage and some distribution system modifications are identified in the plan to meet this goal. MEMO IOA TO: FROM: SUBJECT: DATE: Mayor and City Council through City Administrator Community Development Directors~.~ Rural Investment Fund, Woodburn Downtown Development Plan Project April 9, 1997 On March 20, 1997 a special selection committee* interviewed four planning consultants. The purpose of which was to select a firm that would be responsible for assisting the city and the WDA in developing a comprehensive downtown redevelopment plan. The four consultants choosen for interview and their respective bids were: · McKeever/Morris Inc ($35,000) · The J. D. White Company Inc. ($34,921) · SMH Partnership P.C. ($33,903) · Spencer & Kupper ($34,800) All consultants had experience in developing downtown redevelopment projects. However, at the conclusion of that meeting, there was unanimous consensus the Portland firm of Spencer and Kupper were the most qualified to carry out the city's redevelopment program. It is the selection committee's recommendation the Mayor and Council accept Spencer and Kupper as the consultants to accomplish the project tasks. The major source of funding ($34,940) will be provided through a grant from the Mid-Willamette Valley Council of Governments. It is anticipated the plan will be finalized by August of 1997. Attached is the proposed resolution, personal services contract and work program schedule. * Kathy Figley-City Council, Susan King-WDA, Terry Will-Planning Commission, Ken Palke- WDA Manager and Steve Goeckritz 10A COUNCIL BILL NO. i RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH JOHN SPENCER AND CHARLES KUPPER, DBA SPENCER AND KUPPER, TO COMPLETE A COMPREHENSIVE DOWNTOWN DEVELOPMENT PLAN AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, it is the City Council's and the Woodburn Downtown Association's goal to develop a Comprehensive Downtown Development Plan, and WHEREAS, grant funds in the amount of $34,800 has been awarded by the Mid-Willamette Valley Rural Investment Fund to the City of Woodburn, and WHEREAS, a request for proposals was followed and the City Council selected John Spencer and Charles Kupper, dba Spender and Kupper to complete the Comprehensive Downtown Development Plan; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The city of Woodburn enter into an agreement with John Spencer and Charles Kupper, dba Spencer and Kupper, to provide consulting services for the development of a Comprehensive Downtown Development Plan. Section 2. That the Mayor is authorized to execute, on behalf of the city, said agreement, a copy of which is attached hereto as Attachment "A" and, by this reference incorporated herein Approved as ,o form:d~-(~'~,. ~ /"~('" ~' City Attorney Date APPROVED: Nancy A. Kirksey, 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 IOA PERSONAL SERVICES CONTRACT Attachment "A" Page ! of 11 This Agreement is made and entered into by and between the City of Woodburn, Oregon, hereinafter referred to as "City", end John Spencer and Charles Kupper, dba Spender and Kupper, hereinafter referred to as "Consultant", regarding work related to the Woodburn Downtown Comprehensive Plan Update for the City of Woodburn, Oregon. IT IS HEREBY AGREED by and between the parties to this Agreement: 1. Term The term of this Agreement shall be from the date of execution by both parties until tasks required hereunder are complete and accepted, unless earlier terminated in accordance herewith. Consultant's Services Consultant agrees to provide the services described in the Consultant's work program and schedule dated March 26, 1997, a copy of which is attached hereto as "Exhibit A", and is incorporated herein by this reference, Consideration City shall pay Consultant a sum not to exceed $34,800 for all Consultant services. Payment The parties understand and agree that all funding for this Agreement shall be obtained from the Mid-Willamette Valley Council of Governments (COG). After first obtaining the necessary disbursements from COG, the City shall pay the Consultant according to the following schedule: A. $8,700 shall be paid to Consultant within 45 days of the execution of this Agreement end after the completion of Phase I by Consultant. B. $8,700 shall be paid to Consultant after the Downtown Development Plan is 50% complete, adequate documentation of costs is received by the City, and after the completion of Phase 2 by Consultant Page I - Spencer & Kupper Personal Services Contract 10A Attachment "A" Page .~ of 11 C. $8,700 shall be paid to Consultant upon submission of the Downtown Development Plan to the Planning Commission, with adequate documentation of costs, and after the completion of Phase 3 by Consultant. D. $8,700 shall be paid to Consultant after adoption of the Downtown Development Plan by the City Council, with adequate documentation of costs, and upon completion of Phase 4 by Consultant. 5. Independent Contractor Consultant is engaged hereby as an independent contractor, and will be so deemed for purposes of the following: Consultant will be solely responsible for payment of any federal or state taxes required as a result of this agreement. The Consultant is an independent contractor for purposes of the Oregon Workers' Compensation Law (ORS Chapter 656) and is solely liable for any workers' compensation coverage under this agreement. 6. Employees No person shall be employed for more than eight hours in any one day, or 40 hours in any one week, except in cases of absolute necessity, emergency or where the public policy absolutely requires it, and in such cases except in cases of agreements for personal services as defined in ORS 279.051, the laborer shall be paid at least time and a half pay for all overtime in excess of eight hours a day and for work performed on Saturday and on any legal holiday specified in ORS 279.334. Persons who perform work under a personal services agreement shall be paid at least time and a half of all overtime worked in excess of 40 hours in any one week, except for individuals who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. §§201 to 209 from receiving overtime. Should Consultant elect to utilize employees on any aspect of this Agreement, Consultant shall be fully responsible for payment of all withholding required by law, including but not limited to taxes, including payroll, income, Social Security (FICA) and Medicaid. Consultant shall also be fully responsible for payment of salaries, benef'rts, taxes, Industrial Accident Fund contributions and all other charges on account of any employees. Consultant shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. All costs incident to the hiring of assistants or employees shall be consultant's responsibility. Consultant shall indemnify, defend and hold City Page 2 - Spencer & Kupper Personal Services Contract IOA Attachment 'A" Page ~ of 11 harmless from claims for payment of all such expenses. Unless specifically set forth on Exhibit A, expenses relating to items set forth in this paragraph shall not be the basis of additional reimbursement of Consultant. No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age, disability or national origin. Any violation of this provision shall be grounds for cancellation, termination or suspension of the Agreement in whole or in part by City. e Indemnity and Insurance Consultant acknowledges responsibility for liability arising out of the performance of this Agreement and shall hold City, .its officers, agents, and employees harmless from and indemnify and defend the same of any and all liability, settlements, loss, .costs and expenses in connection with any action, suit, or claim resulting or allegedly resulting from Consultant"s negligent acts, omissions, activities or services provided pursuant to this Agreement or from Consultant's failure to perform its responsibilities as set forth in this agreement. Consultant, its subcontractors, if any, and all employers working under this Agreement are subject employers under the Oregon Worker's Compensation Law and shall comply with ORS 656.017 which requires workers' compensation coverage for all their subject workers. Consultant shall maintain throughout this Agreement the following insurance: Workers' compensation and employers liability insurance as required by the State where the work is performed. Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from the use of motor vehicles, including on-site and off- site operations, and owned, non-owned, or hired vehicles, with $500,000 combined single limits, Ce Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of Consultant or of any of its employees, agents or subcontractors, with $1,000,000 per occurrence and in the aggregate, Page 3 - Spencer & Kupper Personal Services Contract 10A Attachment "A" Page 5z of 11 Except in the case of Workers' compensation insurance, City shall be named as an additional insured with respect to Consultant's insurance coverages identified herein. The coverage provided by these policies shall be primary and any other insurance carried by City is excess. Consultant shall be responsible for any deductible amounts payable under' all policies of insurance. am Standard of Care In the performance of its professional services, Consultant shall use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the State of Oregon. Consultant will reperform any services not meeting this standard without additional compensation. Consultant's reperformance of any services, even if done at City's request, shall not be considered as a limitation or waiver by City of any other remedies or claims it may have arising out of consultant's failure to perform in accordance with the applicable standard of care or this Agreement. Termination This Agreement may be terminated prior to the expiration of the agreed upon terms: A. By mutual written consent of the parties; By City for any reason within its sole discretion, effective upon delivery of written notice to Consultant by mail or in person; and Cg By Consultant, effective upon seven days prior written notice in the event of substantial failure by City to perform in accordance with the terms through no fault of Consultant. If City terminates the Agreement in whole or in part due to default or failure of Consultant to perform services in accordance with this Agreement, City may procure, upon reasonable terms and in a reasonable manner, services similar to those so terminated. In addition to any other remedies the City may have, Consultant shall be liable for all costs and damages incurred by City in procuring such similar service, and the Agreement shall be in full force to the extent not terminated. Page 4 - Spencer & Kupper Personal Services Contract IOA Attachment "A" Page .~ of 11 If City terminates the Agreement for its own Convenience, payment of Consultant shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Consultant against City under this Agreement. Termination under any provision of this paragraph shall not affect any right, obligatioh or liability of Consultant or City which accrued prior to such termination. Consultant shall surrender to City items of work or portions thereof for which Consultant has received payment, or City has made payment. City retains the right to elect whether or not to proceed with actual construction of the project. 10. Work is Property of City 11. 12. All work in its original form which is performed or produced by Consultant under this Agreement shall be the exclusive property of City and shall be delivered to City prior to final payment. Any statutory or common law rights to such property held by Consultant as creator of such work shall be conveyed to City upon request without additional compensation. Upon City's approval and provided City is Identified in connection therewith Consultant may include Consultant's work in its promotional materials. Drawings may bear a disclaimer releasing the Consultant from any liability for changes mede on the original drawings and for reuse of the drawings subsequent to the date they are turned over to City. Law of Oregon The Agreement shall be governed by the laws of the State of Oregon. The Agreement provisions required, by ORS Chapter 279 to be included in public agreements are hereby incorporated by reference and shall become a part of this Agreement as if fully set forth herein. Adherence to Law Consultant shall adhere to all applicable federal and state laws, including but not limited to laws, rules, regulations, and policies concerning employer and employee relationships, workers' compensation, and minimum and prevailing wage requirements. Any certificates, licenses or permits which Consultant is required by law to obtain or maintain in order to perform work described on Exhibit A, shall be obtained and maintained throughout the term of this Agreement. 13. Modification Page 5 - Spencer & Kupper Personal Services Contract IOA Attachment "A" Page ~ of 11 Any modification of the provisions of this Agreement shall not be enforceable unless reduced to writing and signed by both parties. A modification is a written document, contemporaneously executed by City and Consultant, which increases or decreases the cost to City over the agreed sum or changes or modifies the scope of service or time of performance. No modification shall be binding unless executed in writing by Consultant and City. 14. Attorneys Fees In the event a suit or action is instituted to enforce any right guaranteed pursuant to this Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorneys fee to be fixed by the trial and appellate courts respectively. 15. Integration This Agreement, including but not limited to Exhibits and Consultant's proposal submitted to City contains the entire and integrated agreement between the parties and supersedes all prior written or oral discussions, representations or agreements. In case of conflict among these documents the provisions of this Agreement shall control. IN WITNESS WHEREOF, the parties have caused this Agreement executed by their duly appointed officers on the date first indicated below. APPROVED AND ENTERED this .. day of ,1997. to be CITY OF WOODBURN SPENCER & KUPPER By: By: Nancy A. Kirksey, Mayor Date:. John Spencer Date:. ATTEST: Mary Tennant, City Recorder City of Woodburn By: Charles Kupper Date: Page 6 - Spencer & Kupper Personal Services Contract 10A Woodburn Downtown Devdopment Pbm l~hrch 26, 1997 Attachment "A" Page t? of 11 Approach a~dcrailingavisionoftheDowntown~za. Phase I~ Master Plan illustrates ~es based on thc visio~ Fml~er, ~ provided a basis for conslde~ consequences of ~r, ovements, both physical improve:ars and pubac/ptivato actions, and selec~g a pre~en~ plarmin& and design guidelines for public and private improveme~, and identifies redevelopment opporttmities and stra~ The final Phas~ Capital In~ Program and Xmpl~on Strate~ descra~ options and recom~ndations for funding preferred improvements,, an action plan for implementation, and te~onunen~alions for comprdtendve plan and zonin& ordinance an~dments: provide ideas and ct~que work in pro~ and provide progress reports to City decision makers. In this way we can assure that ~ ~ ~~cs that dele Downtown Woodbum are dearly articulated, and ways idmtited to build on these characterisgc~ to make Downtown Woodbum an even better place to live and do ~tsiness. Work Program Ptutse I: The Vision-Goals and Objectives t. Assist with assemblin~ an advisory committee 2. Crather back&rom~ inf~ history, traffic data, base mapping, photographs, available ~ locations and land use designati~s 6. '7. 8. · identify issues · flush out ideas for the future ofDowntown Woodburn collect perceptions of~ Woodlx~ Compile issues, ideas and perceptions Conduct a ~e with the advisory comngttee Review anti rewrite draR vision statements with the advisory committee EXHIBIT "A" Page ! of 5 · Provide up to 3 secures for each a~~ at 1/8'=¥-0' · Pwvide up to 6 pempec~ ~ Providc camera ready copy (ffau execu~ summary · Provide aninfr~._~m~ tedmical metnorandum · Provid~ a Phas~ 11 ~ pack~' · Provide I plandiagramot'~he~altemaiiveat · Provide ~ cost esthnates for the ~ alternaiive · Provide an a~eculive summmy fi~r Phase II Phase Ur_- Design Standards and RedeVelopment Projects l~ovide a dratt,-~-~,a!g and design guidermes technical memorandum ' IOA A. ttachment "A" Page ~. of 11 2 EXHIBIT "A" Page .~ of § IOA Attachment "A" · Develop programs and development objectives for each site Page ~ of 1 1 3. Prepare drat~ technical memorandum on redevdopment project potentials 5. Revise ami ~ final planning and design guid~ 6. ~vise and pr~pa~ final m&~lopmeat project potential. Dd/v~gb/~ · Provide draR and 6hal design guidelines · Provide draR and final rodevelopme~t project potentials · Advisory committee meeting Phase IV: Capital Improvement Program ~nd Implementation Strategy Refine cost estimates for preferred alternative 2. Develop a prdiminary funding strategy and phasing plan 3. Develop a draft action plan which: Steps uec~saty to implement program · Implementalion responsibi~ies · Short term actions necessary to move implementati°n forward · Key legislative items needed for implememalion R~fm¢ th~ funding ~mtegy aad p~ plan 6. Pr~pa~ capital ~ program for all public projects 7. ~epar~ improvemam ~h~lul¢ ' s. ~ fmal a~tioa plan 9. Pr~pa~ ammdm~ to Chapter 40 of Woodburn'~ zoning ordinance 10. Preparo 20'bound ~opi~s of a final summary r,~ort 11. Attend Planning Commission and City Cound~ hearings Deliverables · Provide a funding strategy · Provide a project phasi~ plan Provide a Capital ~rovemeot Program · Provide an Implementation Action Plan · Prepare amendments to Chapter 40 · Advisor7 committee me~J'n~ Plannir~g Commission and City Council hearings 3 EXHIBIT "A" ' Page ~ of § IOA Schedule Attachment "A" Page /(~ of 11 The dine framc PROJECT SCI~.DULE C. ity of Woodbura Downtown Development Plan Project Tasks Start End Phase I' The Vision Organiz~on a~d bri~g March April April May May Iune ~uly ~uly Iuly luly July August June Ausust August Ausust August Phase IV: CIP/Impl~n~on Draft action plan Planning Commi~onRT~ Council ]une July' July August August e~d.~gust A refined work program and dctsilcd schedule, including schedule and ~ agenda for each advisory conmg~ee, cbarrctte and open house will be ~ as the ~ tasks of Phase L 4 EXHIBIT "A" Page q of 5 File PROPOSAl, Page . The table r~uwa below demcn'be~ the hour~ by phase for each team m~mbel-, estimated fee and Team Sp~a~r Hourly Ra~ s~.oo ~.m s~.~ ~ ~: ~~ ~ s~,~.~ 1o ~.~ o ~.~ III I I I Il Grand To~ ~4~00.o0 IOA Attachment "A" // of 11 EXHIBIT "A" Page .'5-- of 5 lOB MEMO TO: FROM : MAYOR AND CITY COUNCIL MARY TENNANT ~ CITY RECORDER DATE : SUBJECT: April 9, 1997 CITY/COUNTY INSURANCE SERVICES TRUST AGREEMENT FOR PROPERTY INSURANCE RECOMMENDATION: Approve the attached Council Bill entering into a contract with City/County Insurance Services Trust for Property Insurance. BACKGROUND INFORMATION: On March 10, 1997, the Council authorize staff to accept a proposal from CIS for property insurance with an effective date of March 17, 1997. The insurance has been secured, however, the City is required to adopt a Resolution entering into a contract with CIS in order to finalize the procurement of the insurance. The CIS Trust agreement calls for participating cities and counties to enter into a 3-year contract with the Trust, however, there is another provision within the Trust agreement that would allow the City to give CIS a 6-month written notice of potential withdrawal which can be given at anytime during the contract period. In the past, we have given notice to CIS regarding potential withdrawal since we have routinely requested bids from other insurance carriers for general liability, auto physical damage, workers' compensation, and property insurance. lOB COUNCIL BILL NO. t'7 ~'? RESOLUTION NO. A RESOLUTION ENTERING INTO A CONTRACT WITH CITY/COUNTY INSURANCE SERVICES TRUST FOR PROPERTY INSURANCE. WHEREAS, the City/County Insurance Services Trust (CIS) offers pooled self-insurance offering cost stability and the potential for long-term savings, and WHEREAS, CIS is sponsored by the League of Oregon Cities and the Association of Oregon Counties as a service to Oregon cities and counties, and WHEREAS, the City of Woodburn finds that membership in CIS is of benefit in managing the risks involved in providing services to its citizens, and WHEREAS, the City of Woodburn has been provided with an opportunity to review the Trust Agreement, Bylaws, and Rules of CIS, and WHEREAS, the City of Woodburn has submitted the Trust Agreement, Bylaws, and Rules to its legal counsel to review for compliance with the Charter and Ordinances of the City of Woodburn, now, therefore, THE CITY OF WOODBURNRESOLVES AS FOLLOWS: Section 1. That the City of Woodburn does hereby enter into a contract with CIS and becomes a member of the CIS Trust for Property for the period of March 17, 1997 to March 16, 2000 and agrees to abide by the terms of the Trust Agreement, Bylaws, and Rules of CIS which, along with this Resolution, constitutes the contract between the City of Woodburn and CIS. A copy of said contract is attached hereto and by this reference incorporated herein. The City Administrator is hereby authorized to execute such documents as are necessary pursuant to this Resolution. /$/N. Rol)e S ields Approved as to Form: City Attorney Date APPROVED NANCY A. KIRKSEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. lOB RESOLUTION REGARDING MEMBERSHIP CITY/COUNTY INSURANCE SERVICES TRUST PROPERTY SELF-INSURANCE POOL Whereas, the City/County Insurance Services Trust (CIS) offers pooled self- insurance offering cost stability and the potential for long-term savings and; Whereas, CIS is sponsored by the League of Oregon Cities and the Association of Oregon Counties as a service to Oregon cities and counties; and Whereas, the City of Woodbum finds that membership in CIS is of benefit in managing the risks involved in providing services to its citizens; and Whereas, the City of Woodbum has been provided with an opportunity to review the Trust Agreement, Bylaws and Rules of CIS; and Whereas, the City of Woodbum has reviewed the Trust Agreement, Bylaws and Rules of CIS for compliance with the Charter and Ordinances of the City of Woodbum; Now, therefore, the City of Woodbum does hereby enter into a contract with CIS and becomes a member of the CIS Trust for Property for the period commencing March 17, 1997 to March 16, 2000 and agrees to abide by the terms of the Trust Agreement, Bylaws and Rules of CIS which, along with this Resolution, constitutes the contract between the City of Woodbum and CIS. The [Administrative Officer - imert title ] is hereby authorized to execute such documents as are necessary pursuant to this Resolution. ADOPTED: [Date] Mayor ATTEST: City Recorder 10C MEMO TO: FROM: SUBJECT: City Council Through City Administrator Public Works Program Manager Commercial Lease Agreement with Southem Pacific Company DATE: April 7, 1997 Transportation RECOMMENDATION: Approve the attached resolution authorizing the mayor to sign on behalf of the city a commercial lease agreement with the Southern Pacific Transportation Company for property upon which a portion of the city building at 121 'B' Street occupies. BACKGROUND: On June 24, 1996 council approved a lease purchase agreement for the building at 121 'B' Street. A small portion of the open west end of that building sits on property that is owned by the Southern Pacific Transportation company. The previous property owner, Mr. Rod Senter, had a commercial lease from Southern Pacific for use of that property. Also at that same mee'dr~l the council approved a resolution autho~zing the mayor to sign a subtenancy lease agreement with Southern Pacific to allow the city to use the property while the city was leasing the building prior to purchase. The city formally purchased the building on October 10, 1996. From that date the dty was in effect leasing the property from Southern Pacific as owner. This agreement formalizes the lease agreement required now that the city is the property owner. It also serve to relieve the building's seller, Mr. Senter, of any further involvement in the matter and is required before the Southern Pacific will release a previous deposit made by Mr. Senter. council should be aware that the indemnification language contained in the lease agreement is standard Southern Pacific language for such agreements. The company has declined to modify the documents to reflect language preferred by the City Attorney that would have be more specifically in the city's interests. However, a portion of this city building is on Southern Pacific property and the risk exposure from the property lease to the city is very Iow. Continued dty use of the building requires that this lease be in effect and staff recommends that the resolution entedng into the lease agreement be approved. COUNCIL BILL NO. / 7~.' ~i 10C RESOLUTION NO. A RESOLUTION ENTERING INTO A COMMERCIAL LEASE AGREEMENT WITH THE SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR PROPERTY IN WOODBURN AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, The City of Woodburn has purchased a building and property located at 121 'B" Street, and WHEREAS, The Southern Pacific Transportation Company owns property on which a portion of the building at 121 'B' Street is constructed, and WHEREAS, The City must complete a commercial lease agreement with the Southern Pacific Transportation Company to fully utilize the building at 121 'B' Street; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodbum enter into a commercial lease agreement with the Southern Pacific Transportation Company. A copy of said agreement is attached hereto 'as Exhibit 'A' and, by this reference, incorporated herein. Section 2. That the Mayor of the City of Woodburn is authorized to sign said agreement on behalf o~',rW(~.,.~ Approved as to form: c~ Aff~y D~e APPROVED: Nancy/L I~rksey, Mayor Passed by the Coundl Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder A~E~: Mary Tennant, Recorder City of Woodbum, Oregon Page I - COUNCIL BILL NO. 10C Approved as to Form By General Counsel January 1990 COMMERCIAL LEASE NON-O M.P. CC 737.78R (N) THIS LEASE is made and entered into this day of , 19 , by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware Corporation, (herein "Lessor"), and the CITY OF WOODBIFRN, a municipal corporation of the State of Oregon, (herein ,Lessee"). PART I BASIC LEASE TERMS ao Do So PREMISES The term"Premises" shall refer to the land and any improvements and facilities located thereon, at or near Woodburn, County of Marion, State of Oregon, as shown on Drawing No. L-5404-A, Sheet No. 24, dated December 6, 1982, attached hereto aS Exhibit "A" and made a part hereof. EFFECTIVE DATE This Lease shall take effect on October 10, 1996, Date"). ("Effective TE~M This Lease shall be for a term of thirty (30) days ("Lease Term") from Effective Date hereof and shall continue on a month-to-month tenancy basis until terminated hereunder. TERMINATION This Lease shall be terminable by either party at any time without cause on thirty (30) days' advance written notice to the other. The Premises shall be used by Lessee solely and exclusively for maintenance and use of lessee-owned improvements for a municipal public works shop. Document 0012 Page I of 11 10C RENT Commencing as of the Effective Date hereof, Lessee shall pay to Lessor as rent for the Premises ("Base Rent~) the sum of TWO THOUSAND FOURHUNDREDDOLLARS ($2,400) per annum, payable annually in advance, with the first year's rent to be paid on or before the execution hereof. BASIS OF RENT ADJ~STM]~NT Base Rent shall be adjusted based on the higher of the CPI Factor (defined in Section 5 of the General Lease Terms) as indicated on the Consumer Price Index, Urban Wage Earners and Clerical Workers, U. S. City Average, All Items (1982-84 ~ 100), (,Index"), published by the United States Department of Labor, Bureau of Labor Statistics, or any successor or substitute index published as a replacement for the Index by any United States governmental agency; or the fair rental value of the Premises at the time of said revision. SECURITY DEPOSIT WAIVED PROOF OF INSURANCE On or before the execution of this Lease, Lessee shall furnish to Lessor proof of insurance as required under Section 14 of the General Lease Terms, and the effective date of .insurance coverage shall be no later than the Effective Date of this Lease. ADDRESSES FOR NOTICES All notices to either Lessor or Lessee shall be addressed as follows: To Lessor: SOUTHERN PACIFIC TRANSPORTATIONCOMPANY San Francisco Regional Office - Real Estate Southern Pacific Building, Suite 912 One Market Plaza San Francisco, CA 94105 To Lessee: CITY OF WOODBURN 270 Montgomery St. Woodburn, OR 97071 K. PAYMENTS TO LESSOR Checks shall be made payable to Lessor and shall be mailed to File 61860, P. O. Box 60000, San Francisco, California 94160-1860. The foregoing Basic Lease Terms and the General Lease Terms set forth in attached Part II are incorporated into and made parts of this Lease. Document 0012 Page 2 of 11 IN WITNESSWHEREOF, the parties hereto have execut.ed, or have caused to be executed, this Lease in duplicate the day and year first above written. 10C SOUTHERN PACIFIC TRANSPORTATION COMPANY By: Title: CITY OF WOODBURN By: Title: KSM/j rp D, %D~TA\ I~\WD~]~NCY. 12 Document 0012 Page 3 of 11 10C File Reference: Woodburn - City of Date: December 2, 1996 PART II GENERAL LEASE TERMS 2 o PREMISES AND TERM Lessor hereby leases to Lessee the Premises for the tenancy shown in the Basic Lease Terms, subject to the terms and conditions as set forth in this Lease. USE Lessee shall not use the Premises for any use other than that stated in the Basic~ease Terms, and shall not make any alterations to the Premises except as required for such use. LESSEE SPECIFICALLY ACKNOWLEDGES THAT THIS IS A 30-DAY LEASE AND THAT LESSEE HAS NOT RELIED ON ANYREPRESENTATIONS BY ANYAGENTOREMPLOYEE OF LESSOR TO THE CONTRARY IN MAKINGANY IMPROVEMENTS TO THE PREMISES. Lessee shall not permit to be placed on the Premises or improvements any signs or notices not solely related to the business of Lessee conducted on the Premises. Lessee shall not permit any damage, nuisance or waste on the Premises; nor permit to be placed upon the Premises any gasoline, diesel fuel, oil, ~nd other petroleum products, or any hazardous or explosive material, waste or substance. Lessee, at Lessee,sexl~nse, shall arrange forthe filing of anymap required ~der any subdivision map act and of any environmental impact report required byany governmental body having jurisdiction in the matter. If any governmental body seeks to impose any condition on approval of Lessee's use of the Premises, Lessor may terminate this Lease forthwith if any such condition shall affect any other property of Lessor or shall affect the Premises after this Lease is no longer in effect. CONDITION OF PKEMISES Lessee warrants that it has examined the Premises and accepts the Premises in an-AS IS, WHERE iS. condition, with all faults and with full knowledge of the physical condition, of all zoning and other land use laws and regulations affecting the Premises, and of the conditions, restrictions, encumbrances and all matters of record relating to the Premises. There may be subterranean facilities within the Premises, notwithstanding the absence of markers, monuments or maps indicating their existence. Document 0012 Page 4 of 11 10C 4 o 5o PAYMENT/REFUND OF RENT Lessee shall pay to Lessor as Base Rent for the Premises the amount specified in Section F of the Basic Lease Terms, payable at the times set forth therein, without deduction, setoff, prior notice or demand. Upon termination of this Lease, unless Lessee is then in default, any unearned portion of any rent paid in advance shall be refunded to Lessee upon Lessee's written demand therefor if made within thirty (30) days after termination. RENTAL REVISION The Base Rent shall automatically and without notice to Lessee be adjusted, upwards only, on each anniversary of the Effective Date, by the CPI Factor. The "CPI Factor" is the percentage of adjustment stated in the Consumer Price Index (indicated in the Basic Lease Terms) established during the last available twelve-month period immediately preceding each anniversary of the Effective Date, adjusted to the nearest one-tenth of one percent. In lieu of the above, Lessor may, at any time, increase the Base Rent without reference to the CPI Factor by giving Lessee thirty (30) days' notice of such adjustment and its effective date. The Base Rent, as so increased, shall be effective as of each anniversary of the Effective Date if increased bythe CPI Factor and as of the effective date of any other increase, notwithstanding Lessor's acceptance of a lesser amount and notwithstanding any billing by Lessor for a lesser amount. SECURITY DEPOSIT Concurrently with Lessee's execution of this Lease, Lessee shall deposit withLessor a security deposit (~SecurityDeposit") in the amount set forth in Section H of the Basic Lease Terms. The Security Deposit shall be held by Lessor as security for the faithful perfor-~-cebyLessee of all of the terms, covenants and conditions of this Lease to be kept and performed by Lessee. If Lessee defaults with respect to any provision of this Lease, including, without limitation, the provisi6ns relating to the condition of the Premises upon termination of this Lease, Lessor may, but shall not be required to, use, apply or retain all or any part of the Security Deposit for the payment of any amount which Lessor may spend by reason of Lessee's default or to compensate Lessor for any other loss or damage which Lessor may suffer by reason of Lessee's default. If any portion of the Security Deposit is so used or applied, Lessee shall, within ten (10) days after written demand therefor, deposit cash with Lessor in an amount sufficient to restore the Security Deposit to its original amount. The failure by Lessee to so restore the Security Deposit shall constitute a default by Lessee under this Lease. Lessor shall not be required to keep the Security Deposit separate from its general funds, and Lessee shall not be entitled to any interest on the Security Deposit. Lessor is not a trustee of the Security Deposit and may use it in ordinary business, transfer it or assign it, or use it in any combination of. such ways. If Lessee shall fully and faithfully perform everyprovision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Lessee (or, at Lessor's option, to the last assignee, if any, of Document 0012 Page 5 of 11 7 o 8o Lessee's interest hereunder) after lease termination and after Lessee has vacated the Premises; provided, however, that if any portion of the Security Deposit is to be applied to repair damages to the Premises caused by Lessee or its agents or to clean up the Premises and remove improvements, then the balance of the Security deposit (less any deductions for the restoration of the Premises and the cost of removing the improvements) shall be returned to Lessee after Lessor has restored/cleaned the Premises and removed the improvements. Lessee shall not transfer or encumber the Security Deposit nor shall Lessor be bound by any attempt of Lessee to do so. Lessor may require Lessee to increase its security deposit every year the Lease is in effect by depositing with Lessor twenty percent (20%) of the then existing deposit. Notwithstanding the foregoing, Lessor may require an increase in the deposit at any time if the estimated cost of removing Lessee' s improvements exceeds the deposit currently held by Lessor. TAXES AND ASSESSMENTS Ao Lessee shall pay, before they become delinquent, all taxes, charges, and assessments which are levied upon, or which may be locally assessed against, any improvement or personal property placed upon the Premises by Lessee. In additi°n to the taxes and assessments specified above, Lessee shall pay to Lessorany privilege, sales, gross income or other tax (not including federal or state income tax) imposed upon the rent received byLessorbyany agency having the authority to do so. UTILITIES Lessee shall arrange and pay for all utilities, including without limitation, water, power, heat, garbage, communications and sewer services, to be used in connection with this Lease. If Lessor contracts witha utility company to provide access for service to Lessee at the Premises for Lessee's sole use, Lessee shall pay to Lessor a minimum sum of $350 upon receipt of a bill therefor to partially defray 'administrative costs. MAINTENANCE AND REPAIR Lessee, at Lessee'sexpenseand to Lessor's satisfaction, shall keep and maintain the Premises and all improvements thereon in good repair and in a neat and safe condition, and shall promptly m~ke all repairs and replacements that may become necessary to the Premises or improvements thereon, whether structural or nonstructural, ordinary or extraordinary. 10. ALTERATIONS Lessee shall make no alteration or improvement to the Premises without Lessor's prior written consent. Ail repairs, alterations and improvements to or on the Premises shall become the property of Lessor, without payment by Lessor of any compensation therefor. 10C Document 0012 Page 6 of 11 11. 12. LIENS o Premises Lien-Free. Lessee shall pay for all labor and services performed for, and all materials used by or furnished to, Lessee or its agents with respect to the Premises. Lessee shall indemnify and hold Lessor harmless from and keep the Premises free from any liens, claims, demands, encumbrances or judgments, including all costs, liabilities and attorneys' fees with respect thereto, created or suffered by reason of any labor or services performed for, or materials used by or furnished to, Lessee or its agents with respect to the Premises. The foregoing obligation of Leasee shall survive the termination of this Lease. Lessor shall have the right, at all times, to post and keep posted on the Premises any notices permitted or required by law, or whichLessor may deem proper, for the protection of Lessor and the Premises, and any other party having an interest therein, from mechanics' and materialmen's liens, including, without limitation, a notice of nonresponsibility. In the event Lessee is required to post an improvement bond with a public agency in connection with any work performed by Lessee on or to the Premises, Lessee shall include Lessor as an additional obligee. Notice of Lien; B~nd. Should any liens be filed against, or any action be commenced affecting, the Premises or Lessee's interest in the Premises, Lessee shall give Lessor notice of such lien or action within three (3) days after Lessee receives notice of the filin~of the lien or the commencement of the action. In the event that Lessee shall not, within twenty (20) days following the imposition of such lien, cause such lien to be released of record by payment or posting of a proper bond, Lessor shall have, in addition to all of the remedies provided herein and by law, the right, but not the obligation, to cause the same to be released bysuch means as Lessor shall deem proper, including payment of the claim giving rise to such lien or posting of a proper bond. All such sums paid byLessorand all expenses incurred byLessor in connection therewith, including attorneys' fees and costs, shall be payable to Lessor by Lessee as Additional Rent on demand. INDEMNIFICATION Lessee, insofar as it lawfully may, shall release, defend (with counsel satisfactory to Lessor) and indemnify Lessor from and against all liability, cost and expense for loss of or damage to property and for injuries to or death of any person (including, but not limited to, the property and employees of each party hereto) when arising or resulting from: (a) the use of the Premises by Lessee, its agents, employees, or invitees; (b) breach of this Lease by Lessee; or (c) the location or condition of the Premises or any part thereof; regardless of whether such liability, cost or expense is caused or- 'contributed to by.the negligence, active or passive, of Lessor. Doc%uaent 0012 Page 7 of 11 10C 13. 14. 15. The term "Lessor," as used in this Section 12 and Sections 13, 14 and 15, shall include the successors, assigns and affiliated companies of Lessor, and, if applicable, any other railroad company that may be lawfully operating on Lessor's tracks. COMPLIANCE WITH LAW Lessee, at Lessee's expense, shall comply with all applicable laws, regulations, rules and orders with respect to the use of the p~emlses, regardless of when they become or became effective, including, without limitation, those relating to construction, grading, signage, health, safety, noise, environmental protection, waste disposal, and water and air quality, and shall furnish satisfactory evidence of such compliance upon request of Lessor. Should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the Premises due to Lessee's use and occupancy thereof, Lessee, at Lessee's expense, shall clean all property affected thereby, to the satisfaction of Lessor (insofar as the property owned or controlled byLessor is concerned) and any governmental body having jurisdiction thereover. Lessee, insofar as it lawfully may, shall indemnify, hold harmless, and defend Lessor from and against all liability, claim, cost or expense (including, without limitation, any fines,, penalties, judgments, litigation costs, attorneys' fees, and consulting, engineering andconstructioncosts) incurred byLessor as a result of Lessee's breach of this section, or as a result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense arises during or after the Lease Term and regardless of whether such liability, cost or expense is caused or contributed toby the negligence, active or passive, of Lessor. INSURANCE while this Lease is in effect, Lessee, at Lessee's expe--e, shall maintain and furnish Lessor evidence of insurance set forth in Lessor's -~eneral Insurance Requirements" attachedhereto as Exhibit "B" and made a part hereof. NOISE AND VIBRATION LEVELS Lessee hereby recognizesand acknowledges that railroad tracks are located on or adjacent to the Premises. Lessee recognizes that the operation of trains over the tracks does and shall produce noise levels whichmay be considered objectionable by the employees, agents, tenants, or invitees of Lessee. Therefore, Lessee agrees that no legal action or complaint of any kind whatsoever shall be instituted against Lessor on Lessee's behalf as a result of such noise levels and to indemnify and save harmless Lessor against any loss, damage, liability or expense either might incur as a result of such action being taken by Lessee's employees, agents, tenants or invitees. If the Premises are classified by Lessor as non-operating property, this Section 15 shall not apply. 10C Document 0012 Page 8 of 11 10C 16. 17. 18. 19. RESERVATIONS Lessor hereby excepts and reserves the right, to be exercised by Lessor and by any other who has obtained or may obtain permission or authority from Lessor so to do, to Ao operate, maintain, review and relocate any and all existing pipe, track (if any), power and communication (including without limitation fiber optic) lines and appurtenances and other facilities of like character upon, over or under the surface of the Premises; and Bo construct, operate, maintain, review and relocate such additional facilities of the same character as shall not unreasonably interfere with Lessee's use of the Premises as specified in Section E of the Basic Lease Terms. Any such construction, operation, relocation or maintenance shall not be done at Lessee's expense unless such work is requested by Lessee or done for the benefit of Lessee. MINERAL RIGHTS Lessor reserves for itself and those to whom it grants'such right the title and exclusive right to all the sand, gravel, minerals and mineral ores of every kind and character now known to exist or hereafter discovered upon, within or underlying the Premises, or that may be produced therefrom, including, without limiting the generality of the foregoing, all petroleum, oil, natural gas and other hydrocarbon substances and products derived therefrom, together with the exclusive and perpetual right thereto, without, however, the right rouse or penetrate the surface of, or to enter upon, the Premises to extricate or remove the same. BARRICADES In addition to any barricades, fences or gates which may be specified elsewhere in thisLease, Lessee, if requested byLessor, shall install and maintain'barricades, fences, and fence gates of a size and form satisfactoryto Lessor at such locations as may be designatedbyLessor at any time while this Lease is in effect, all at Lessee's expense and to Lessor's satisfaction. SURRENDER OF THE PREMISES Upon termination of this Lease, Lessee shall leave the Premises in a neat and clean condition satisfactory to Lessor and free of all personal property of Lessee. Under Section 10 hereof, all repairs, alterations and improvements made by Lessee shall become the property of Lessor. However, Lessor may, by written notice, require Lessee to remove any such alterations and improvements from the Premises and to restore the Premises to their original condition (normal wear and tear excepted) prior to termination of this Lease. If Lessee fails to do so, Lessor may perform such removal and restoration work in which case Lessee shall pay Lessor within thirty (30) days after demand therefor (1) an amount-equal to the rent (as in effect immediately before termination) for the period during which such removal is Document 0012 Page 9 of 11 20. accomplished to compensate Lessor for the loss of rent to Lessor resulting from the unavailability of the Premises for leasing to another tenant during such time and (2) the cost of removal of such improvements. Lessor shall use reasonable diligence in the removal of such improvements. TERMINATION OF LEASE Termination of this Lease for any reason whatsoever shall not release either party from any liability or obligation hereunder resulting from anevent which may have occurred'before termination, or thereafter in case bythe terms of this Lease it is provided that certain things shall or may have to be done after termination hereof. 21. CONDEMNATION 22. If all or part of the Premises is acquired byeminent domain or by purchase in lieu thereof, Lessee shall have no claim to any compensation awarded for the taking of the Premises or any portion thereof, including Lessee's leasehold interest therein, or to any compensation paid as severance damages, or for loss of or damage to Lessee's improvements. DEFAULT If Lessee fails to pay the rent or to make any other payment required to be madebyLessee hereunder within three (3) days after written notice by Lessor or fails to perform any other term or condition of this Lease within fifteen (15) days after written notice by Lessor or abandons or vacates the Premises, then Lessor may, in addition to any other remedies Lessor may have at law or equity, terminate this Lease forthwith. 23. ASSIGg~MENT AND S~BLETTING Lessee shall not assignorencumberLessee,s interest in this Lease or in the Premises, or sublease all or any part of the Premises. 24. DISPOSSESSION 25. If Lessee is lawfully deprived of the possession of all or any part of the Premises by a party other than Lessor, Lessor may, upon receipt of notice from Lessee setting forth the circumstances, either install Lessee in possession of the Premises or terminate this Lease and refund to Lessee the pro rata amount of any prepaid but unearned rent after receipt of such notice. Lessor shall not be liable to Lessee for any loss, damage or claim resulting from such deprivation of possession. NOTICES All notices shall be inwriting and shall be deemed to have been givenwhendelivered personally or deposited in the United States mail, registered or certified, postage prepaid, and addressed to the party to whom the notice is directed att he address set forth in the Basic Lease Terms. Payments to Lessor shall be made at the address for payments set forth in the Basic Lease Terms. Either party may lOC Document 0012 Page 10 of 11 10C 26. 27. 28. 29. 30. change the address for notices or Lessor may change the address for payments by giving the other party notice to that effect. ATTORNEYS' FEES If either party brings any action against the other to enforce or collect any sum due under this Lease or if Lessor brings an action for unlawful detainer of the Premises, the losing party shall pay the reasonable attorneys' fees of the prevailing party in addition to the judgment.and court costs. LESSOR'S RIG~HT-OF-ENTRY Lessee shall permit Lessor and the agents and employees of Lessor to enter into and upon the Premises at all reasonable times for the purpose of inspecting, posting notices of nonresponsibility, or exhibiting the Premises to prospective tenants or buyers. NON-WAIVER Lessor's failure to enforce or exercise its rights with respect to any provision hereof shall not be construed as a waiver of such rights or of such provision. Acceptance of rent or any other sum shall not be a waiver of any preceding breach by Lessee of any provision hereof, regardless of Lessor'sknowledge of such preceding breach at the time of acceptance of such rent; nor shall such acceptance bea waiver in any way of Lessor's right to terminate at any time under Section D of the Basic Lease Terms. TIME OF ESSENCE Time is of the essence of each provision of this Lease. ENTIRE AGREEMENT This Lease sets forth the entire agreement between the parties with respect to the leasing of the Premises and supersedes all prior agreements, co,,~unications, and representations, oral or written, express or implied, since .the parties intend that this be an integrated agreement. This agreement shall not be modified except by written agreement of the parties. Document 0012 Page 11 of 11 10C EXHIBIT 1OD MEMO TO: FROM: DATE: SUBJECT: City Council through City Administrator Public Works Director'r April 11, 1997 Downtown Alley Improvement Project RECOMMENDATION: The City Council authorize staff to proceed with the project and work within the guidelines outlined below: 1. Authorize staff to prepare assessment ordinance for council's review and approval. 2. Utilize Special Assessment and State Revenue Sharing fund to complete the construction of project. 3. Interfund borrowing rather than usual sale of Bancroft bonds be utilized to fund the construction and related costs for the project. 4. The least cost option of paving, that is Option 2, with concrete on both sides and asphalt in the middle portion, be used. BASIS FOR RECOMMENDATION AND COUNCIL OPTIONS: Properly advertised public hearing on the project was held and input from the property owners of the Local Improvement District (LID) was received by the governing body. All legal requirements have been met and staff analysis indicates that the number of remonstrances received are not sufficient to stop this project. The council options are to direct the staff to 1) bring an assessment ordinance that makes the cost allocation against the benefitted property owners legal, or 2) postpone the decision or modify the terms of the resolution, or 3) abandon the improvement. Staff is recommending that Option 1 be chosen by the city council. BACKGROUND: Please see attached "Outline of Local Improvement District (LID) Process" and memo from Randy Scoff to Public Works Director. GST:Ig Attachment: LID Outline Memo alleyVecomm.cc 1OD OUTLINE OF LOCAL IMPROVEMENT DISTRICT (LID) PROCESS The creation of a 'Local Improvement District' requires that the city follow a defined process outlined below: Project is initiated by petition from interested property owners or by action of the city council. City council, by approval of a resolution, directs staff to prepare an engineer's report for its review. Preliminary engineering is performed, engineer's report with method of assessment, estimated amount of assessment to benefitted properties is presented to the city council. If the engineer's report is acceptable, city council directs staff to prepare a "Resolution of Intent to Improve." 4. City Council approves a "Resolution of Intent to Improve" that defines the Local Improvement District boundary and sets a date for the required public hearing. 5. Legal requirements of advertising for public hearing takes place. City council holds a public hearing on the project and receives input from affected property owners. After public input, if 50% of the property owners do not object to the proposed LID improvement, then the city council may direct staff to: 1) Bring an assessment ordinance that makes assessment cost allocation against the benefitted properties legal, or 2) city council may postpone the decision or modify the terms of the resolution, or 3) abandon the improvement. o After assessment ordinance has been approved, city council may authorize sale of bond to generate revenue to pay for the project, or city council may allow borrowing of funds from other city sources on a temporary basis. 9. Preparation of final engineering plans, specifications, and contract document, takes place. 10. The project is advertised and bids are received; the city council reviews staff recommendation and awards the contract to the lowest responsible bidder. 11. The construction activities take place under the supervision of Engineering. 12. The Finance Department performs the last step by completing the final assessment process and placing the assessment amounts on the city docket; the borrowed money is returned as payments from benefitted property owners are received. F:OUTLINE.LID 1OD MEMO To: From: Subject: Date: Public Works Director Randy Scott Alley Local Improvement District April 4, 1997 RECOMMENDATION: It is being recommended that the City proceed with the Local Improvement District Improvements for the down town Alley. The properties remonstrating against the project is less then 50%, which is not sufficient to stop the project. BACKGROUND: Upon conclusion of the public hearing on the above referenced project, staff tabulated the remonstrating properties to be at 41.25% the remaining properties represent 58.75%of the benefitting properties. A total of 24 properties are located within the LID boundary of that total, only 11 properties are opposing the assessment cost. It should be noted that in regard to the written testimony, petition, staff assumed that all signatures are legitimate and that all people signing for the property owner of record, have a fight to do so. The opponents do not have the vote of the majority, staff time to verify the record would not realize any change in the majority vote. It should be further noted that property with multiple signatures of owners on the petition have only been counted as a singular vote in opposition for the property being represented. The following is the remonstrance tabulation: ALLEY LOCAL IMPROVEMENT DISTRICT BENEFITTING PROPERTY NOT REMONSTRATING AGAINST TAX LOT PROPERTY PROPERTY OWNER fronting property NO. ADDRESS footage percentage 92010-000 689 N. FIRST SAUVAIN. CHARLES 10()' 8.33% 92010-01(I 607 N. FIRST FLOMER THOMAS J. 100' 8.33% 92010-020 175 E. 1,INCOLN EAGLE NEWSPAPER INC. % WOODBURN INDEPENDENT 5(1' 4.17% 1OD Public Works Director Page 2 April 4, 1997 92010-030 65(I N FR()NT COMAN,I(I)WAR1) l: t:'I?AI, < IiAGLI~; NEWSPAPER INC 5(1' 4 17% ,,,'" W()OI)III.,tRN INDF:NI)I:NI' 92(I 10-(140 680 N. FIRS'F SAI ~VAIN. CI IARI.I:.S 5(}" 4. I 92111(I-050 600 BI,K N. FIRST SA! JVAIN, CHARI,ES 50' 4.17% 92010-(1611 591 N.t:RONI' WOODB/JRN IA)I)GE #11)2 IOOF HOME REBAKA! I I,OI)GE #58 25' 2 o8% 92010-o90 56.'I N. FRONT EAI)EN. VERNON & CAROL 20' 1.67% 92010-152 15.3 GRANT lfAGtJE, KENN A. 100' 8.33% 92880-010 469 N. FRONT ........ ~ ~ ~ .... m~,, L. TRI/ST < CITY OF WOODBURN 22' 1.83% 92880-020 455 N. FRONI' ~, .... ~,~?, ~ ,? r,,-,np.~,,, ~ , , · .......................... FRUS1 < CIIY OF WOODBURN 21' 1.75% 92880-030 449 N. FRONT BUDUNOV, DENNIS & VASSA 42' 92880-050 165 HAYES SAWTELLE, ROBERT L. TRUSTEE 75' 6.25% TOTAL OF PROPONENTS 13 TOTAL PROPERTIES 705 L.F. 58.75% ALLEY LOCAL IMPROVEMENT DISTRICT BENEFITTING PROPERTY REMONSTRATING AGAINST 92010-070 575-585 N. FRONT ENGLEMAN, WILLIAM K & ALICE M. 32.5' 2.71% 92010-080 573 N. FRONT GARCIA, FRANCISCA 22.5 1.88% 92010-100 533-553 N. FRONT CEA, LINCOYAN & ABLBA '50' 4.17% 92t) 10-110 523 N. FRONT QUINTERO, LUIS & LUISA 25' 2.08% 9201 O- 12O 503 N. FRONI' MACMILLAN, ROB & WOI JACLYN 25' 92(I 10-15t) 5511 I,INCOLN SANCHF, Z,MAXIMIN & ROBELIA 50' 4.17% 92010-160 550 LINCOLN SANCHEZ, MAXIMINO &ROBLIA 50' 4.17% 92880-0¢)0 479 N. FRONT L1NI)ENMUTH, DAVID & JENNIFER % WII,COX PROPERTIES 65' 5.41% 92880-040 409-429 N. FRONT WEBSTER. JOYCE E. 50' 4.17% 1OD Public Works Director Page 3 April 4, 1997 928804)80 450 N. FIRST I'ENA. GIJAI)AI ;UPI,; 25' 2.08% 92880-100 162 GRANT VI*;RBIN.KON~TANTIN & MARIA 10ft 8.33% TOTAL OF OPPONENTS l l TOTAL PROPERTIES 495 L.F. 41.25'¼, .i.O~i. Ai., OF BO.YH i 24 TOT.~.L ptiOPERI'iEs JI t~,,,,~.~ Note: The day after the public heating was closed, a letter of written remonstrance from the property owner at 449 N. Front Street was received by city staff. Staff is not required to include this in the tabulation, being submitted after the public heating was closed. However if staff were to include this in the tabulation the remonstrating property still is less then the required 50% it would calculate to 44.75%. A copy of the letter is attached. IOE MEMO TO: FROM: DATE: SUBJECT: City Council through City Adroinistrator Public Works Director~~, April 10, 1997 Parr Road LID Project RECOMMENDATION: The City Council authorize staff to proceed with the project and work within the guidelines outlined below: 1. Authorize staff to prepare assessment ordinance for council's review and approval. 2. Utilize Special Assessment, SDC (Traffic Impact Fee), state gas tax, state fund exchange and railroad funds to complete construction of the project. 3. Interfund borrowing rather than usual sale of Bancroft bonds be utilized to fund the construction and related costs for the project. BASIS FOR RECOMMENDATION AND COUNCIL OPTIONS: Properly advertised public hearing on the project was held and input from the property owners of the Local Improvement District (LID) was received by the governing body. All legal requirements have been met and staff analysis indicates that the number of remonstrances received are not sufficient to stop this project. The council options are to direct the staff to 1) bring an assessment ordinance that makes the cost allocation against the benefitted property owners legal, or 2) postpone the decision or modify the terms of the resolution, or 3) abandon the improvement. Staff is recommending that Option '1 be chosen by the city council. BACKGROUND: Please see attached uOutline of Local Improvement District (LID) Process" and memo from Randy Scott to Public Works Director. GST:Ig Attachment: LID Outline Memo IOE OUTI.INE OF LOCAL IMPROVEMENT DISTRICT (LID) PROCESS The creation of a 'Local Improvement District' requires that the city follow a defined process outlined below: Project is initiated by petition from interested property owners or by action of the city council. City council, by approval of a resolution, directs staff to prepare an engineer's report for its review. Preliminary engineering is performed, engineer's report with method of assessment, estimated amount of assessment to benefitted properties is presented to the city council. If the engineer's report is acceptable, city council directs staff to prepare a "Resolution of Intent to Improve." City Council approves a 'Resolution of Intent to Improve' that defines the Local Improvement District boundary and sets a date for the required public hearing. 5. Legal requirements of advertising for public hearing takes place. City council holds a public hearing on the project and receives input from affected property owners. After public input, if 50% of the property owners do not object to the proposed LID improvement, then the city council may direct staff to'. 1) Bdng an assessment v~ ordinance that makes assessment cost allocation against the benefitted properties legal, or 2) city council may postpone the decision or modify the terms of the resolution, or 3) abandon the improvement. After assessment ordinance has been approved, city council may authorize sale of bond to generate revenue to pay for the project, or city council may allow borrowing of funds from other city sources on a temporary basis. 9. Preparation of final engineering plans, specifications, and contract document, takes place. 10. The project is advertised and bids are received; the city council reviews staff recommendation and awards the contract to the lowest responsible bidder. 11. 12. The construction activities take place under the supervision of Engineering. The Finance Department performs the last step by completing the final assessment process and placing the assessment amounts on the city docket; the borrowed money is returned as payments from benefitted property owners are received. F:OUTLINE.LID IOE MEMO To: From: Subject: Date: Public Works Director Randy Scott cf~,~- Parr Road Local Improvement District April 4, 1997 RECOMMENDATION: It is being recommended that the City proceed with the Local Improvement District Improvements for the Parr Road Improvement. No benefitting properties have remonstrated against the project. BACKGROUND: Upon conclusion of the public heating on the above referenced project there were no properties remonstrating against the improvement project. Although there were some questions and concerns in regards to the mount of the property assessments. The assessments within the resolution of intent to construct are based on City Council approved policy, no modifications or changes have been requested by the Governing Body. It is therefore being recommended that the City proceed with theLocal Improvement District Improvements for the Parr Road Improvement. 1OF MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager ,Z;~ City Hall Roof Replacement April 9, 1997 RECOMMENDATION: Award City of Woodburn bid number 97-08 for removal and replacement of the concrete tile city hall roof to MD&D Construction for $16,572.64 BACKGROUND: City of Woodburn bid number 97-08 for removal and replacement of the concrete tile roof of city hall was opened and read at 11:00 am on April 7,1997. The results were: MD&D Construction Slate & Slate Roofing Niva Construction Northwest Professional Roofing Bell Roof Company Blaco & Co. Inc. All American Roofing Corp $16,572.64 17,550.00 17,640.00 19,316.00 21,150.00 26,023 .OO 32,500.00 The project is required to correct significant and increasing leakage problems. The roof will be replaced with asphalt arch dimensional style shingles which retain a similar appearance to the existing roof. If awarded the roof replacement should be completed by June 15, 1997. This unanticipated emergency expense will be funded through re-appropriation of the General Fund contingency item or other available funds. lOG TO: FROM: SUBJECT: DATE: Mayor and City Council through City Administrator Woodbum Downtown Association (WDA) Thundercloud trees along Front Street April 10, 1997 On Tuesday, April 1, 1997, the Planning Department staff had a discussion with the Public Works staff regarding the possible trimming or removal of the Thundercloud trees along Front Street. It is the Street Department's concern these trees either be trimmed or removed, with the possibility the Street Department would be available to replant with an alternative species purchased by the WDA. (See Attachment I) The primary reason for this request is due to the fact the trees over-hang into the curb-street area resulting in broken branches and leaf debris as the trees come into contact with the city's street sweeper. In relaying this information to the WDA, at their meeting of April 1, 1997, there was a consensus the trees should be removed from Front Street between Lincoln and Cleveland. Their request is incorporated as Attachment II. It should be noted the Historic District boundaries go from Lincoln Street to only the laundry mat that is one lot short of Cleveland on Front Street. c:~memot, Trees:WDA jb lOG Tuesday, April 1, 1997 Steve Goeckritz Director of Community Development City of Woodbum Dear Steve: After our conversation this morning I went to Al's Fruit and Shrub Center. I was able to talk with Al about the possibilities and suggestions for the trees in the down town area. He was very considerate and helpful. He also said he would be willing to come to a future meeting and answer questions that the Down Town Association might have. A few of the suggestions that we discussed were as follows; No. 1 Weeping Cherry (Sermlata) Approximate cost $ 30.00 No. 2 Weeping Cherry (Snow Fountain) $ 30.00 No. 3 VanderwolfPine $ 30.00 - 40.00 No. 4 Flowering Plumb $ 20.00 I thought the weeping cherry tree was a good idea because we would be able to control its height up and down. If it were planned out the trees could possibly be gra~ed at the height that is specified. If it were to be decided to replace the trees with flowering plumb trees there could be arrangements made with the grower to shape the trees to a certain specification. With the knowledge that any replacement tree would be vulnerable for a few seasons the alternative remains to prone the existing trees back hard and try and shape them that way. They would be sparse for a few seasons but would probably come back fine. Sincerely, Matt Ma~e~w K. Gwynn ~ City of Woodbum Street Division Foreman lOG WOODBURN DOWNTOWN A S S 0 C I A T I 0 N P.O. Box 344 WOODBURN, OREGON 97071 (503) 981-6624 April 2, 1997 Mayor Kirksey & City Council 270 Montgomery, Woodburn OR 97071 To our Honorable Madam Mayor and our Esteem members of the City Council: At our most recent meeting of the Woodburn Downtown Association, on Tuesday April 1, a request was made to our Board, through Steve Goeekritz, from Woodbum's Public Works Dept. Apparently the city's street sweeper is having trouble cleaning the streets along Front Street. The problem is the over growth of the Thundercloud trees, planted along the west side of the street, inside the sidewalk. The problems include knocking branches down, making a mess of leaves and branches on the sidewalk, and not being able to get to the curb because of oversize branches sticking well out into the street. The W.D.A. requests that the City Council instruct the Public Works Department to go ahead with the removal of these trees in the Historic District along Front Street only. This is between Lincoln St. and Cleveland St. and consists of fifteen trees. Public Works request was for our approval for removal, grinding out the roots, and leaving the holes in a position to replant a different type of tree, if and when that is our desire. We voted on this request, and unanimously agreed, to accept Public Works offer. Recently members of the W.D.A. met with Teresa Engeldinger, the City Planner and Kristen Ramstad a State of Oregon Forester. We walked the downtown area and Ms. Ramstad made recommendation's to us, on different types of trees that might be a better option. She provided many different reasons for the removal of our current type of tree. These include: "These trees have not been pruned correctly, property owners are not aware of the right way to prune them. Cities can not afford to trim them every, year. They are considered a high maintenance tree, with yearly pruning needed, sap and cherries are constantly dropping on cars and side walks, and in the Fall, leaves are blowing throughout downtown and into business establishments when doors are opened. They grow to a height that blocks out store signage and obstructs views, and at strange angles because of store front awnings.t!" We are very familiar with the gracious donations of Mr. and Mrs. Don Buflingham, that resulted in the Thundercloud being named Woodbum's Tree. For many years they gave $500.00, to go towards a tree give away program to help beautify Woodbum. There are several hundred of these trees planted throughout our city limits. Every spring when they blossom it is indeed a gorgeous sight. We should still be very thankful for their generous donations that will continue to brighten up all of Woodburn. The city received many Tree City USA awards throughout the years over this program. We feel however, that only in downtown Woodburn these trees have outgrown their intended purpose. We do request that this removal be done after the tulips we planted, die this spring, and the bulbs are protected. Thank you for this consideration! Sometime in the near future, we will look at replacement options, if that is desired, and welcome any thoughts from the Council. Sincerely; Frank J. Lonergan Executive W.D.A. Board Member 1OH MEMO To: From: Subject: Date: City Administrator for Council Action Randy Scott C.E.Tech m, through Public Works Director Meadowwood Subdivision April 10, 1997 RECOMMENDATION: It is being recommended that the City Council accept the attached utility easement as descxibed on Attachment "A". BACKGROUND: The easement is being conveyed to the city to provided for storm sewer improvements in conjunction with the construction of the Meadowwood Subdivision. Also attached is a map showing the location of proposed utility easement. A teT~e-~rr Recording, Return to: Send Tax Statements To: 10H ATTACHMENT "A" UTILITY EASEMENT ' ' ;~-: · KNOW ALL MEN BY THESE PRESENTS, that Me _ado_wwood Development, LLC, an Oregon Umited Uability Company and Rudy $_n~. hen and p~a_~e Sonnen,"husband and wife, 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 Woodbum, a municipal corporation wC0Unty, Oregon, hereinafter 'City", a permanent right-of-way and easement over and idth and length of the premises described as follows, to wit: See Parcel II legal description attached hereto and made a part hereof. With the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, a 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 improvements disturbed by the City, to es 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 end assigns, reserve the right to use the premises for walkways, driveways, planting, and related purposes, and all UTIUTY facilities shall be at a depth consistent with these purposes. EXCEPTION: No structure shall be placed within the easement, or within 45° projection upward from the bottom of the pipe. DATED this day of October, 1996. MEADOWW/~ D DEVELOPMENT, LLC Dol~ ~ ~mstock Mek~ W/I lan_ager 2./So7 en THE CITY OF W~ODBURN .Accepted by~ on ,1996 Mary Tennant, City Recorder City of Woodburn, Oregon STATE OF OREGON ( )ss COUNTY OF ) '~day of On this the ~ October, 1996, before me a Notary Public in and for the County and State personally appeared Donald Comstock as Member/Manager of Meadowwood Development, LLC, an Oregon Umited Uability Company, 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 .j ATTACHMENT "A" IOH Parcel Ii An easement for utilities purposes in the Southwest quarter of Section 18, Township 5 South, Range I West of the Willamette Meridian, Marion County, Oregon, being 16.00 feet in width and lying 8.00 feet on each side of the following described centerline: BEGINNING at the Northeast corner of the Peter Raymond Donation Land Claim #58; thence N89°35'00"w' along the North line of said Peter Raymond D.L.C., 380.00 feet to the terminus of the centerline herein described. ALSO, an easement for utilities purposes in the Southwest quarter of Section 18, Township 5 North, Range I West of the Willamette Meridian, Marion County, Oregon, described as follows: COMMENCING at the Northwest corner of Lot 1 of Cain's Subdivision, recorded in Volume 40, Page 28, plat records of Marion County, Oregon, said point of commencement being on the East line of that tract of land described in deed to Donald R. Comstock, recorded in Reel 1262, Page 127, deed records of Marion County, Oregon; thence NIO°51'27"E, along the East line of said Comstock tract, 490.25 feet to the Northeast corner of the Peter Raymond Donation Land Claim #58 and the TRUE POINT OF BEGINNING of the easement herein described; thence continuing N10°51'27"E''~7'00 feet; thence N79°08'33"w, 20.00 feet; thence S10o51'27"W, 47.00 feet, more or less, to the North line of said Comstock tract; thence S89°35'00"E, along said North line, 20.00 feet to the point of beginning. VICINITY MAP .~e'"' ~200 2OO 3 3000 900 ILl Z 800 ,300 400 50O 880.40 6OO 103 03 03 5 ,¢1o0 23OO 11A 4/02/97 A/PCHBQ[ LISTING FOR Ti~ WOMTH OF MARCH 1997 Page 1 Check ~tmber 36O91 36092 36093 36094 36O95 36096 36O97 36098 36O99 36100 36101 36102 36103 36105 36106 36107 36108 36109 36110 36111 36112 36113 36114 36115 36116 36117 36118 36119 36120 36121 36123 36124 36125 36126 36127 36128 36129 36130 36131 36132 36133 36134 36135 Budgetary Account Number P(XS~AGE MBTER-VARIOO$ PETTY CASH-VARIOOS PAYROLL-VARIOOS SERVICES-WATER VOID VOID VOID SUPPLIES-POLICE SUi~IES-PLAIB{HIG SERVIC~YOR/CO~ClL SERVICES-POLICB SUPPLIHH-WAYER SUPPLIE~-CITY HALL/PARIL5 SUPPLIES-WAYER SUP~IES-PLA~G SUPPLIES-WAYER SERVICES-PUl}LIe WORKS $ERVICES-EWG SERVICES-ENG SERVICES-P{H3M¢ WORKS SERVICES-PUBLIC WORKS SERVICES-PARKS SERVICES-PARES S~RVICES-WrP/SYREet SERVICES-LIBRARY SERVICES-PUBLIC WORKS SUPPLIES-VARIOOS $UPPLIES-L]3RARY SUPPLIES-EI~ SUPPLIES-STREEY REINBURSEHEIFI'-I{AYOR SERVICES-WWTP SUPPLIES-POLICE SERVICES-COURT SERVICES-POLICE Vendor Name Vendor Wumber ~ - Date Written UNITED ~AYES POSTAL SERVICE 020089 3/03/9.7 CITY OF ~ 015255 3/05/97 EBS 060020 3/06/97 VALLEY MAILING SERVICES 021044 3/06/97 VOID VOID VOID VOID VOID VOID HUMAWE SOCIETY OF WILLAMETTE NONE 3/07/97 D.L.C.Do ~ 3/07/97 FAIUIWOEKER BOOSING DEV CORP RONH 3/07/97 ~ WEISS WOiIH 3/07/97 AI~Y'S PIZZA 13~ 000027 3/07/97 AIR 'fOIXX{ (I~J]LAR 000113 3/07/97 AIR ~ P,~I]IO 000115 3/07/97 ALL PU~ cmm~C. AL CO 000136 3/07/97 AI.I.qTA'fl~ SI~ll & PLAQUF. 000180 3/07/97 A.P.A. Otis Cn~t~ 000275 3/07/97 ARAMA~ UIRFO~ll SERVICES 000534 3/07/97 AWARDS AI~ A.~B~EYICS 000580 3/07/97 BaU~ & BU~ 001070 3/07/97 BATTERIES }~I]S 001161 3/07/97 ~ & ~ 001§73 3/07/97 C82M-l[[LL 002477 3/07/97 Q{2M-HILL 002478 3/07/97 cse Assocu~ oo2920 3/07/97 D~LY ~0~ OF coenmcE oo~20 3/07/97 DATEC ~ 0030~3 3/07/97 DE HAAS & Lq~OCIA?ES/NC 003108 3/07/97 ~ ~ OO ]:NC 003307 3/07/97 iaIGELI4AI{ ~BCYRIC 004190 3/07/97 ERNST I{AEDWAR~ 004360 3/07/97 GEMX) $BEVIQ~S/NC 006062 3/07/97 C.J. { (30/NC 007055 3/07/97 HA~S ~ OO7O9O 3/07/97 DR l~tO{/NC 007112 3/07/97 INDOSTRIAL {I~aDING SUPPLY 008100 3/07/97 INGRAM D~ {2~OUP 008116 3/07/97 JOB S~OPP~ U~ OO9119 3/O7/97 JOHNSON ~ CO OO~135 3/07/97 KEITH BROWN BARGAIN SHED INC 010050 3/07/97 NANCY £I~Sn 010099 3/07/97 RANDALL G. IammEHN 011029 3/07/97 LEAGUE OF O~OON CITIES 011110 3/07/97 MSI GROUP IllC 012015 3/07/97 MARION 0001~ FISCAL SERVICES 012140 3/07/97 Amount of cheok 1,000.00 165.18 1,402.09 486.08 100.00 15.00 668.67 476.45 270.OO 17.90 570.00 70.30 320.00 174.90 7.50 150.00 224.97 58,287.12 938.14 2,262.19 87.75 266.34 4,293.15 369.00 152.71 35.65 3~203.25 364.00 235.80 3~463.87 268.72 1~404.15 1~566.58 224.00 42.90 51.24 174.50 372.87 125.00 106.50 84,524.47 11A 4/02/97 A/P CHECK LISTING FOR THE #ONTHOF MARCH 1997 Page 2 Check N~ber 36136 36137. 36138 36139 36140 36141 36142 36143 36144 36145 36146 36147 36148 36149 36150 36151 36152 36153 36154 36155 36156 36157 36159 36161 36162 36163 36164 36165 36166 36167 36168 36169 36170 36171 36172 36173 36174 36175 36176 36177 36178 36179 36180 36181 D~]getary lc~ount Number SUPPI/ES-VARIOflS SUPPLIES-ATTY SERHCES-R]BI/C WORKS SERVICES-WATER SUPPI/ES-WWTP SERVICES-VARIOOS SERVlCES-WWTP SUPPLIES-ITTY SERVI CES-(XI]RT /POI/ CE SUPPI/ES-TRANSIT SUPPLIES-DAR SERVIC'T.S-VARIOUS SUPPI/ES-~ATER SERVICES-WATER VOID VOID VOID VOID VOID SERVICES-POI/CE SERVICES-NATER SERVICI~-LD~P, AR¥ Si~t~,S-¥ARIOOS SERVI~ S~ES-ATT~ SERITICES-~A~ER SUPPLIES-POI/CE SERVICES-LIB/RSVP SERVICES-PARKS Al)MISSION-PARKS PAYROLL-CITY HALL SERVICES-WATER VOID Vendor Name Vendor Number ~-DateWritten Amount of Check ll]{YRO~ELING INC 012448 3/07/97 947.17 MICHIE 012456 3/07/97 53.49 WORSE Bt{DSINC 012611 3/07/97 5,937.08 #URI~IY, SWI~ & ASSOC INC 012698 3/07/97 676.38 #%]iC]]{V]]{ONI{I]ITALSERVICES 012720 3/07/97 130.00 WORTHWES~ I{ATUI{AL GAS 013350 3/07/97 2,372.51 ONEGONARALYTICAL LAB 014107 3/07/97 178.50 ~ D~OF JUSTICE 014210 3/07/97 11.00 OR DI{P~OFWO~OR V]]LICLE 014240 3/07/97 22.25 PACIFIC ~ 015058 3/07/97 186.38 PAGERETOi~Oi~BGON INC 015101 3/07/97 15.90 ~~ERERAL ELIL"IT~IC 015420 3/07/97 18,989.31 H]BI/C{SUPPLY INC 015648 3/07/97 88.60 RADII ~YION 017035 3/07/97 208.75 VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID i{OLI/]iG ~AIN~EOF~ INC 017300 3/07/97 820.00 ROTIES IGI 017340 3/07/97 51.83 LES IIC~WAB~I{ECERTER 018300 3/07/97 21.45 SO~ID~ATO~CO 018610 3/07/97 176.59 ~?BTYLERSUPP~Y CO 018790 3/07/97 2,118.25 T~EJ'I"I{IY~R(XIIIPANY 019100 3/07/97 512.32 UliOCAL:~iilIEOI~IHAIqOIL 020010 3/07/97 261.70 UIlI?~DD~$ERVICE 020020 3/07/97 498.05 UWITED~TES. POSTAL SERVICE 020090 3/07/97 275.00 US WES?COI~i{]WICA?IONS 020095 3/07/97 513.79 V~W~LDINGSIIPP~Y 021050 3/07/97 9.70 V]3[IN(IoImrICEPROI)OCTS 021180 3/07/97 317.65 WAL-#AR~{ INC 022035 3/07/97 23.91 WA'I'ERLAB 022065 3/07/97 30.00 WEST PUBI/HHIIN2 CO 022160 3/07/97 227.30 WESTLINK PAGING 022163 3/07/97 100.35 WOLFERS~EATING & AIR COND 022460 3/07/97 735.00 { FERTILIZER & GRAIN 022590 3/07/97 25.48 {IN])~P]~NDEIiT 022630 3/07/97 636.00 {OFFICE SUPPLY 022670 3/07/97 22.60 WOODBURI{~'S BERRY MUSEU}{ 022777 3/07/97 300.00 YESGRAPWIC~ 024025 3/07/97 258.05 KII~?ABI~ ~ 3/11/97 84.83 WILDLIFE SAFARI NONE 3/11/97 104.25 ONIO NATIONAL LIFE INS 060400 3/12/97 19.99 VALLEY MAILING SHRVICES 021044 3/13/97 334.08 VOID -VOID 122,819.91 11A 4/o2/97 A/P CH]CK LL~ffNG FOR TEE MONTH OF MARCi{ 1997 Page 3 36182 36183 36184 36185 36186 36187 36188 36189 36190 36191 36192 36193 36194 36195 36197 36198 36200 36201 36202 36203 36204 36205 36206 36207 36208 36209 36210 36211 36212 36213 36214 36215 36216 36217 36218 36219 36220 36221 36222 36223 36224 36225 36226 36227 VOID VOID SERVICES-FIIiANCR $ERVICES-~A¥OR/(I)~IL SERVICES-MA~OR/(I~CIL S~ICES-mI¥~/CO~IL SERVICES-WWYP $ERVlCES-WWTP SERVICES-VArIOUS SERVICES-PAR&5 SUPPLIES-PARKS SERVICES-POLICE SUPPLIES-LIBRARY SERVICES'4iWIT SUPI~ES-P~CE SERVIC'ES'-C S'K)RES HUPPLI ES-MAYOR/COOIICIL SUPPLIES-PARKS SERVICES-VARIOUS HUPPLIES-FOBLIC WORKS SERVICES-HOUSING $ERVICES-~LICH SUPPLIES-PARKS SUPPLIES-PARKS SERVICES-VARIOOS REIMBORSi~-FINAJICE SUPPLIES-WAYER SUPPLIES-STREET SUPPLIES-VARIOOS Vendor Na~e Vendor Number Check - Date Written VOID VOID VOID VOID GAYLE WIL50I{ ~ 3/14/97 ~AT~i.~ FEESC~ILER ~ 3/14/97 CATHY NGWE NGIE 3/14/97 ~ ~ ~ 3/14/97 MID V~U.~ S~ S~VI~ ~ 3/14/97 ~ ~ ~ 3/14/97 ~ D~ OF ~ATI~ ~ 3/14/97 A & A ~TIJ.~ S~ ~10 3/14/97 A & A ~ ~L ~ ~11 3/14/97 ~ ~ S~Cg ~ ~34 3/14/97 ~ ~ ~ ~45 3/14/97 AT & ~ ~23 3/14/97 AX & ~ ~ S~ ~56 3/H/97 3/ 4/97. ~ ~ ~ 3/~4/97 ~ ~ ~Z~6 3/14/97 ~ ~~ ~ 3/14/97 D~XA ~.Y~ ~ ~3~ 3/14/97 ~ ~L ~D ~41~ 3/H/97 ~ ~ ~ 3/14/97 ~ ~~ ~ ~270 3/14/97 G~ ~C ~IT~ ~79 3/14/97 B~ ~.L~IB ~18~ 3/14/97 ~ ~ ~ ~212 3/14/97 C.8. ~ ~ ~C ~7~5 3/14/}7 ~ ~{ ~7~ 3/14/97 IK~ 0~ ~I~S ~119 3/14/97 ~ { ~ 01~10 3/14/97 L~S ~ 011240 3/14/97 ~ ~ ~ 01~85 3/14/97 { ~I~ 011370 3/14/97 ~ ~ ~ 0~7 3/14/97 S.L. ~0 01~7 3/14/97 ~~ ~ 0~448 3/14/97 ~A~ ~E F~ 012475 3/14/97 {~ { ~ ~L~ 012670 3/14/97 ~TI~ ~~ 0~ 3/14/97 RYI~ ~Y ~N 01~2 3/14/97 ~ Clu. ~S ~ 014~4 3/14/97 ~E ~ 014685 3/14/97 PA~FIC ~ ~ WAY~ 01~9 3/14/97 PA~FIC WA~ ~ ~LY 01~ 3/14/97 PACIFIC ~ OF O~ 01~93 3/14/97 PA~ & ~ ~~ 0~173 3/14/97 /~)~t Of Ch~k 15.00 56.00 32.00 279.23 100.00 75.00 50.00 890.00 170.00 129.49 125.00 235.06 6.95 170.85 42.15 37.50 397.00 255.15 1,097.60 84.95 530.08 136.00 9,62 137.59 320.00 274.00 288.39 1,725.00 106.78 46.80 649.02 2.25 12,800.00 246.08 179.00 59.25 795.60 45.90 17.45 28.50 525.69 23.32 2,658.68 148,723.84 11A 4/o2/97 A/P ~ LI$?I~ I~ l~ llOtfl~OF ~ 1997 Page 4 Cbe~ Wumber 36228 36229 36230 36231 36232 36233 36234 36235 36236 36237 36238 36239 36240 36241 36242 36243 36244 36245 36246 36247 36248 36249 3~251 36252 36253 36254 36255 36256 36257 36258 36259 36260 36261 36262 36263 36264 36265 36266 36267 36268 36269 36270 36271 36272 36273. Vendor Nane PC NORYHWEST/MC PORTLA~ GDIERAL ELECTRIC JAY E REESE RELIABLE OFFICE SOPPL¥ ROGi~S WA(~IMERY CO/MC SAFEWAY SYOi~ LES SCEWAB TIEE CENTER SEARS, ROEBIX~ & CO TIM'S DI~EL YRU(~ REPAIR UIIOC~:ERIRE ~ OIL ~ D~ SERVICE US ~f COI~[~C~?IOilS ~ OFFICE ~ ~TLBE PAGBIG ~ HEAT]NO & AI~ COND WOC)MU~I OFFICE SUPPLY ZEE HEDICAL SERVICE CO CITY OF ~131~lm VALLEY J(AHIIiO SERVICES VOID VOID VOID FREIIQI Pi~[RIE llEAIX~S JOl~ A S~EVEMS TRADE #I!~ IL~iDSCAPE DI'Ri~ AIR TOOCH CELU~ ARAI(A~ UIlIFOI~ SERVICL~ Vendor Ntmber 015214 015420 017146 017161 017297 018025 018300 018320 018450 019055 019060 019167 020010 O2O020 02O091 02OO95 02118O 022O27 022163 022460 022600 022670 022782 022830 025070 015255 021044 VOID VOID VOID 000113 000360 00O400 000534 Ct~k - Date ~dtten 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/14/97 3/1.4/97 3/14/97 3/14/97 3/14/97 3/17/97 3/20/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 /~ount of Check 482.99 12,070.19 90.00 260.84 77.18 18.95 1,673.14 1,138.99 5,662.50 12.50 8.00 77.05 539.00 62.60 486.78 3,852.61 157.73 25.25 24.90 81.60 37.50 80.94 420.00 19.68 40.35 131.05 365.44 7.45 23.23 37.14 7.45 27.65 29.42 32.99 15.64 70.00 196.00 56.85 6.95 99.00 225.50 166.88 177,648.75 11A 41o~-197 A/PCEI~ LISYII~ 1~ ~HE I~I'HOF MARCE 1997 36274 36275 136276 36277 36278 36279 36280 36281 36282 36283 36284 36285 36286 36287 36288 36289 36291 36292 36293 36294 36295 36296 36297 36298 36299 36300 36301 36302 36303 363O4 36305 36306 36307 36308 36309 36310 36311 36312 36313 36314 36315 36316 36317 36318 36319 Budgetary Account Number SERVICES-POLICE SERVICES-LIBRARY SERVICES-WWTP SERVICES-PARKS SUPPLIES-W{f~P SERVICES-FH~IMCE SUPPLIES-VARIOOS SERVICES-WA?ER SUPPLIES-WWTP SERVICES-PAI~Lq SSPPLIES-PARKS SUPPLIES-POLICE SUPPLIES-WW~P SERVICES-WATER SERVICES-H]BLIC WORKS SERVICES-iIOI:U)HIC, SUPPLIES-VARIOIL5 SERVICES-WATER SUPPLII~ERG DISPATCH FE~S-NOI{ DEPT SERVICES-iRiYP SUPPLIES-POLICE SUPPI/BS-WATER SUPPLIES-WWTP SUPPLIES-PARKS $ERVICES-WW~P SUPPLIES-POLICE SERVICES-PARKS SERVICES-POLICE SERVICES-WWTP SUPPLIES-POLICE SUPPLIES-VARIOOS S{]PPLIES-S~T, HB~ SERVICES-RSVP SUPPLIES-HOOSING SUPPLIES-WWTP SERVICES-LIB/PARKS $ERVICES-PLAM/SP~ ASSES SUPPLIES-POLICE SUPPLIES-FIN/ENG SERVICES-WATER Vendor Name Vendor ]lumber AT&T LA]J~AGE LIN~ SERVICES 000659 (]{ERRY CITY ELECYRIC INC 002424 C~2M-HILL 002478 (~TIS IEE,TIT/ES I~C 002958 ~TA ~ WAIU~{OOSE 003049 ~ PSY ~ 004055 F~ PI~ 005062 ffACE CliI~C~ CO 007030 IK0il CAPITAL 008118 J~ SH)PPERS I]IC 009119 LIE)'S ~ 011240 ~!~ C0(~ITY CLERK 012087 llARI~ OEE~ FISCAL SERV 012140 ~ I]IC 012448 lllI~6TATES COASTAL FARM 012475 mIRRAY, ~ & ASS(X: INC 012698 ~ESSCO ${]P}%Y (30 013160 IOIK:Ol{ 013198 mi LTD DI]H~ e*.IL'TRICAL 013295 O~ DEP~ OF U)IG~S~YIVE SERV 014198 PACIFIC WA'I~ WORKS SUPPLY 015065 i'LA~ ELIIL'"I~C CO 015340 ~ YRU],BLAZ]~ 015455 POSYI~AIT .51~Y SERVICE 015465 R & R UEIFORMS OF OiU~N 017003 R-CO PAVING 017090 ~J]N2EY'S RADAR 017210 STETT~ SUPPt~ CO 018790 T~CTICAL T~OLOGIES IN¢ 019013 THE J THAYER COMPANY 019100 UNOCAL:~E GR~M OIL 020010 0S WES~ COI{4UNICATIONS 020095 WA~-m{AR~ S~ORES INC 022035 {-G~AJU) 022115 { FERTILIZER 022590 { HIG{{ SCEOOL 022615 { I]{D[{P{{{I)]~i~ 022630 WOO{)BURN OFFICE SUPPLY 022670 YES GRAPHICS 024025 VALLEY MAILI]IG SERVICRS 021044 Date Written 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3121197 3/21197 3/21/97 3/21/97 3/21/97 3/21/97 3/a/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/Zt/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/21/97 3/2~/97 3/U/~7 3/~/97 Amount of Check 113.66 1,243.Q4 247.62 100.00 140.95 63.38 617.98 63.00 12.43 6,306.85 19.65 171.80 141.05 35.00 696.58 30.00 15.00 2,559.29 499.95 1,422.71 89.50 4,975.29 64.49 18,648.83 225.00 339.72 1,166.50 42.95 172.60 2,591.22 20.59 4,520.00 97.46 2,118.25 3,535.00 171.93 299.06 40.80 19.97 74.94 48.17 200.80 807.20 37.12 213.30 321.60 232,990.98 11A 4/02/97 A/P CHECK LISTING FORT HE m4OI{YHOF MAR(]{ 1997 Page 6 Check Number Budgetary Ac~3ount #umber 36320 V 0 I D 36321 V 0 I D' 36322 V 0 I O 36323 REFUND-WATER/SEWER 36324 REFUND-WATER/SEWER 36325 REFUND-WATER/SEWER 36326 REFUND-WA?ER/SEWER 36327 SERVICES-lING 36328 REFUND-PARKS 36329 SERVICES-VARIOUS 36330 SUPPLIES-LIBRARY 36331 REIMBI]RSI~{I~iT-IFNTP 36332 SERVICES-VARIOOS 36333 SI]PPLIES-PAI~(S 36334 REINBORSEliHIF~-POLICE 36335 SERVICES-%]V~P 36336 ~OPPLIES-VARIOUS 36337 SI]PPLIES-LIBRARY 36338 SUPPLIES-LIBRARY 36339 SUPPLIES-LIBRARY 36340 SI]PPLIES-LIBRARY 36341 SERVICES-POLICE 36342 SERVICES-SELF INS 36343 REII4BORSEI4EI{~-POLICE 36344 SERVICES-(IW3R~ 36345 Sl]PPLIES-VARIO{3$ 36346 SUPPlIES-POLICE 36347 SERVIa-PARKS 36348 S{]lypLIES'WW?p 36349 SUPPLIES-LIBRARY 36350 SUPPLIES-PARKS 36351 REINBURSI~4ENT-LIBRARY 36352 S[~PPLIES-POLICE 36353 SUPPLIES-LIBRARY 36354 SUPPLIES-PARKS 36355 SOPPLIES-~q~P 36356 SUPPLIES-VARIO{]S 36357 SERVICES-LIBRARY 36358 SUPPLIES-WWTP 36359 SERVICES-POLICE 36360 SUPPLIBS-~ATER 36361 SERVICES-STREeT 36362 SUPPLIES-LIBRARY 36363 SERV~ES-POLICE 36364 TE~P I~LOYEES-E~G 36365 SUPPLIES-LIBRARY Vendor l{am~ Vendor l{umb~r VOID VOID VOID VOID VOID VOID B~&O0 NONE VlCKI LIVI~ WONE OR DE~T OF MAYER RESO~ NONE MARGARET MIL!.~ NONE AIR TOO(]{ CELl/ILAR 000113 APPLE IKX)KS 000447 I~RRY D AR]~H)T 000497 AI[A}4A]~[ {]I{IFORM~ SERVICES 000534 AWA~ AND ATH~CS OOO58O BBCKWITH & KUFFEL 001174 BI-MAR'f CORPORITIOW 001275 BRI~MAW YO~{~ ~{IVERSITY 001468 BROW~ INDUCES/NC 001574 BULLDOG VIDBO OO1586 CALI~ IAI~AGE LABS 002036 ~B AI]YOI~IVB O0219O (IIS:CIT/(300l{l"/ ~ SERVS. 002488 MAI~20T ~ 002686 DAVI~ AUYO PAR~$ 003080 MAVISOI{ AOI~) PART~ 003081 Em~ ~BClT/C OO419O l{Rl{ST I{ARDWARE 004360 FAMILIAl NW OO5O30 FA~ PLAN OO5O62 MARILYW F~YPE 005O88 FOTO MAGIC 005258 GRAIH) SLAM 006273 W.W. ~RAINGER INC 006283 ¢.J. HANSEl{ CO/NC 007055 MARR]]IGlX)N INI)USYRIAL PLASTICS 007084 ~Y]]~5 ltl3) ~ITY FOR]) 007228 II{I)OSTRIIL MACHINING CO 008075 INORAM DISY GROOP 008116 IKOl{ OFFICE SOLUYIO~S 008119 JOB Si{OPPl]U5/NC 009119 ~ KARR & CO 010030 Check - Date Written 3/28/97 3/28/97 3/28/97 3/28/97 3128p7 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3128197 3128197 3128D7 3128197 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/~7 3/28/97 3/28/97 3/28/97 3/28/97 3/28/~? 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 34.83 15.72 33.47 7.91 270.00 60.00 123.00 614.19 43.28 300.28 315.30 13.25 4,184.68 158.17 75.75 133.50 10.00 11.61 875.42 16~106.36 320.69 112.50 534.56 36.41 606.05 71.15 126.13 51.58 16.65 232.21 54.55 16.00 130.74 984.60 640.00 914.74 184.81 1.06 180.00 590.84 253.05 1,319.50 42.15 263,797.67 11A 4/02/97 A/P C~ECK LIS~fNG FOR ~[g ~ONTH OF ]O~C~ 1997 Page 7 36366 36367 36368 36369 36370 36371 36372 36373 36374 36375 36376 36377 36378 36379 36381 36382 36383 36384 36385 36386 36387 36388 36389 36390 36391 36392 36393 36394 36395 36396 36397 36398 36399 36400 36401 36402 36403 36404 36405 36406 36407 36408 36409 36410 36411 Budgetary Account llu~ber Vendor I~e Vendor llunbe~ Check - Date ~itten Pi~ER#~IIOV~OV 010295 3/28/97 L & L 13UH~I]I0~PP~F.5 011010 3/28/97 ~~TI~ I~ 0111~ 3/28/97 ~~ 011228 3/28/97 ~'S~ 0~40 3/28/97 ~y~ 011244 3/2S/97 ~ ~~ 011~ 3/28/97 L~S~ ~ 01~8 3/28/97 ~ ~ F~ ~S 012140 3[28]97 ~~I~ 012235 3/28[97 B.K. ~~ 012386 3/28/97 · ~A~~ F~ 0~4~ 3/28/97 Eu.~ ~ V~ ~ ~ 01~ 3/28/97 ~ ~'S ~P~ 012S10 3/28/97 ~ATI~O~C ~I~Y 01~ 3/28/97 OA~ 01~ 3/28/97 ~~ ~A~~ 014~8 3/28/97 PA~¢ ~ ~ ~T~ 0~59 3/28/97 PA~'S~Y 015~85 3/28/97 ~~ 0~52~ 3/28/97 ~~ 0~B3~ 3/2~/97 ~ p H~ 0~72~ 3/~/9~ ~ Ia 0~40 3/2a/gV ~~~~ 018~ 3/28/97 S~&~ 018493 3/28/97 S~~YI~S 018522 3/28/97 ~~~ 018598 3/28/97 ~ ~l~ 018819 3/28/97 ~~ 018~0 3/28/97 3M~ 01~2 3/28/97 T~y~ ~ ~ 01~0 3/28/97 ~~~ 0191~ 3/28/97 ~:~~OIL 0~10 3/28/97 ~ ~ ~ 0~16 3/28/97 ~ D~ S~ 0~20 3/28/97 Y~ ~ ~ ~C 021040 3/28/97 ~0~~ 021140 3/28/97 ~O~~S 021180 3/28/97 W~ ~ ~ 02~35 3/28/97 ~NA~ 022105 3/28/97 ~ ~ 0~445 3/28/9~ ~ ~I~ ~ ~IN 0225~ 3/28/97 ~~~L 0~615 3/28/97 ~ ~~ 0~6~ 3/28/97 l~ount of Check 25.00 187.29 255.75 28.90 119.65 8.40 242.56 62.74 260.85 1,305.94 90.33 1,659.01 111.84 292.50 39.60 13.90 110.00 100.00 772.20 29.60 300.94 20.40 29.12 262.32 678.02 2,547.40 77.80 136.94 17.2{) 829.25 125.79 282.51 434.63 37.41 435.45 14.50 210.88 255.25 77.82 25.15 140.02 406.70 35.00 65.00 43.85' 277,023.08 11A 4/o2/97 Paqe 8 (lleckNuaber 36412 36413 36414 36415 36416 36417 36418 36419 36420 36421 36423 36424 36425 36426 36427 36428 36429 36430 36431 36432 36433 36434 36435 36436 36437 36438 Budgetary tccount REDIBORSEIfl~ff-DAR REIMBOitSDII~-DAR REDIBURS~I)AR I~II~E3DII~-D~ l~II~l~lg~D~ ~Ill~IlT-D~ ~~D~ PEY~ CASiI-VAI~O~ Vendor Name WOODi3{~ OFFICE SUPPLY WOOI)B~ WOOI)BO~ UPIK)I~ERY Y~ V~ JAY ~ ~ P~ CI~ OF ~ Vendor 022670 022708 022760 024025 024100 035010 035465 035583 035615 035648 035763 035790 045060 045230 045315 045350 045497 045500 045512 045525 045545 045560 045595 045596 0456~8 015255 Check - Date Written 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/9? 3/28/97 3/28/97 3/28/9? 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 3/28/97 Amount of Check 632.21 662.24 ~.~ 2,536.55 102.~ 60.~ 28.80 32.50 23.25 40.~ 126.~ 22.~ 39.~ 161.50 59.~ 42.50 1~.~ 19.75 76.50 45.50 6.50 21.50 45.95 44.25 126.61 282,233.79 14A TO: Mayor and City Council through City Administrator FROM: Planning Commission SUBJECT: Site Plan Review 96-15 DATE: April 10, 1997 At the meeting of March 27, 1997 the planning commission approved, with conditions the proposal to build an Oil Can Hannj's adjacent to and on the south side of Highway 214 and west of and adjoining Pacific Plaza. (See Attachments 1 - 3 for details) I. APPLICANT: Vision Oil, Inc. Chris Taylor~ President 8002 N. E. Highway 99 #277 Vancouver, WA 98665 II. NATURE OF THE APPLICATION: The applicant is requesting site plan review approval for the construction of a 1,288 square foot two-bay drive through oil change facility and the conversion of an existing residence on the subject lot to a 1,440 square foot commercial office. The site is zoned CG - Commercial General. The subject property consists of one tax lot approximately 21,785 square feet. c:~mo\Oil Can Henry's lb ~542 ~600 ~5~r5 ]575 1~'o 1~' J63~ 14A ~669 tE83 ~705: ~::,.,::~,.. ~- 14A EoC, EXISTING POWER PARK I NG REOU I REMENT$ OFFICES- I/S00 * I/E~P. - 4 SPACES OCH I/EMP. - 4 SPACES (OCH HAS NO WALK-IN TRAFFICi TOTAL PARKING SPACES ~ SITE DESCRIPTION 1600 liT. H¢~ NI~. TAX Le.T 17S4 TOT.dd,. $1TG ~ 21.7~S 81: IUILDING AREA 2440 SF f'ARKI NG/$ I DGV/ALK$ I I. 750 SF I,.A#II~.,/~ING AJ~rA 7S7S SP PARKIN~ S~A~ AL.LOCATIO~ $ T,~II)~KD 7 Ibq, l~ I G~ I i TOTAL $PA¢~$ S //. ,..~.,---PROPERTY LINE LANDSCAPE :::' ~ - 1 ! LANDSCAPE ! {ISTING SAN. SE'~R SO' 09' I0' W 121.19 LANDSCAPE ! LU LEGEND SITE SCALE REVISED I' - 20' MARCH 18. 1997 183.5 S-I MONUMENT SIGN - OIL CAN HENRY'S 1 4A LANO$CAPE IREAK~Rt~ STREET I ?OOef 22 IUFFER 47&0i ( 63 PARKING IO~Ss( IS TOTAL 7S7Se¢ ,i LEGEND ~////////////~ ~O. // . EXISTIHO TREES TO BE REttOVED, LAWN RED I~PLE 8EARBERRY //. REflOVE SO' 09' I0' LANDSCAPE PLAN~ SCALE I' · 20' TREES PROPERTY LINE 'A- REC'D MAR ~ 0 1997 WOODBURN COMMUNITY DEVELOPMENT DEPT. 15A City of Woodburn Police Department Montg. omery stI~t'~ Ken WrightS/ Chief of Po~ STAFF REPORT 270 Woodburn, Oregon 97071 (503) 982-2345 Date: April 8, 1997 To' Mayor and Council C. Childs, City Administrator Subject: Request for Restricted Parking Within the Downtown Historical Area On April 8, 1997 the police department received a request from Mayor Kirksey to evaluate a letter from the Woodburn Downtown Association requesting establi.~hment of two hour parking along Front St. within the Historical District. I have attached a copy of the letter to Mayor Kirksey for your review. Current Conditions: The location of request, Front St. between Cleveland and Lincoln, has approximately 85 parking spaces. There are 26 businesses to include one apartment complex with four apartments. Current restrictions for parking include one 20 minute parking space and all others are restricted on Monday mornings between 3am and 6am. Considerations: Authority. Ordinance 1527 clearly authorizes the City Administrator to implement the ordinances, resolutions and motions of the council and his own orders by installing, maintaining, removing and altering traffic control devices. To establish, remove or alter the following classes of traffic controls: crosswalks, safety zones and traffic lanes, intersection channelization, turn prohibitions, parking areas and time limitations. Through Ordinance 1527 the police department is authorized to enforce parking restrictions throughout the city. A violation of ordinance 1527 is a municipal offense constituting a class 4 civil infraction with an assessment not to exceed $100 dollars. Parking page 2 Cost of signs and installation. In contact with Mr. Tiwafi, Director of Public Works the cost and installation of restricted parking signs is within current budget and he will direct the work to be completed upon receiving direction. Enforcement. To establish a restricted parking area would require enforcement and a public expectation of enforcement. There are options or policy decisions that need to be explored and, what their fiscal and operational impacts would be on current demands for service. Within the next two weeks my staff and I will be exploring options for enforcement and preseming them to the City Administrator and Council for consideration and direction. CC Patrol Opera6on~ B:Councill I\parking.wda 15A Mayor Kirksey & City Council 270 Montgomery Street Woodbum OR 97071 April 2, 1997 To our Honorable Madam Mayor, and our Distinguished members of the City Council; The Woodburn Downtown Association several months ago was approached by some of its members to look at parking problems that affect businesses downtown. Customers have been complaining that they cannot find a place to park to visit certain establishments. The problems discussed were: not enough parking spaces .... tenants that live in the apartments downtown, park their cars along front street and leave them for several days, ... and employees park in front of where they work during their entire shift. The W.D.A. was in agreement that something needs to be done. We discussed this in great detail and spent many hours looking at different options. We looked at parallel parking along Front St. we looked at One Way travel along Front and First Streets. We looked at widening Front St. and we looked at parking time limits. We talked to seventeen businesses along Front St., and we conducted surveys and floated petitions. The following is the result of our labors, which was voted on and unanimously accepted by our Board. The W.D.A. request that City Council restricts all parking in The Historic District along Front Street (between Lincoln and Cleveland) to two (2) hour time limits between the hours of 7:00 AM and 6:00 PM from Monday through Friday! Thank you for your consideration and help! Sincerely, Susan King President W.D.A. Frank J. Lonergan Executive W.D.A. Board Member 15B MEMO TO: FROM: SUBJ.: Mayor and City Council Chris Childs, City Administrator Joint LOC/AOC Lepislative Workshoo DATE: April 8, 1997 The League of Oregon Cities (LOC), in conjunction with the Association of Oregon Counties (AOC), is sponsoring a joint Legislative Workshoo in Salem on Monday. Aoril 21. 1997. Please refer to attached program agenda. Similar workshops have been held in past odd-numbered years during the Legislative sessions and have generally been seen as helpful and informative. Timelines for workshop registration are tight. Any councilor interested in attending should notify me tlo later than Tuesday. April 15th. All registrations should be coordinated through the City Administrator's office to facilitate a single payment for registration fees, requests for special diets, etc. Also, if any councilor wants to combine attendance at the workshop with a followup visit with one of our local legislators (Sen. Shannon/Rep. Milne), arrangements to schedule such a visit must proceed ASAP. Thank you. 1997 Joint LOC/AOC Legislative Conference Sponsored by the League of Oregon Cities and the Association of Oregon Counties April 21, 1997 - Quality Inn, Salem 15B TENTATIVE PROGRAM 9:00 a.m. - 9:30 a.m. Welcome and Introductions 4. Don Lindley, AOC President; Commissioner, Lincoln County 9:30 a.m. - 10:30 a.m, Opening Session 4, Senate President Brady Adams (invited) 4, House Speaker Lynn'Lundquist (invited) 10:30 a.m. - 10:45 a.m. Break 10:45 a.m. - 12:00 noon Combined City and CoUnty Staff Briefings 12:00 noon - 1:00 p.m. Lunch ~' Govemor]ohn Kitzhaber (invited) 1:00 p.m. - 2:00 p.m. City Briefing County Briefing 2:00 p.m. Visits to the Capitol F:~SE~GIS~LEGCONF.97 15C TO: Mayor and City Council FROM: Chris Childs, City Administrator WCAT Annual Reoort April 4, 1997 SUBJ.: DATE: Attached for your review is the annual report furnished by Woodburn Community Access Television (WCAT) pursuant to their agreement with the City to function as the principal provider of Public, Education & Government (PEG) local access services. I want to personally commend WCAT for their hard work and effort in developing a PEG Access program that can be considered nothing but "top-notch" for a community of our size. cc: Woodburn Cable Television Advisory Board 15C Woodburn Community Access Television (WCAT) State of the Organization April 1, 1997 Background & History Weedburn Community Access Television WCAT 16 In 1992, 1993, and the first part of 1994, the Cable Access Committee collected information and worked to organize itself into a non-profit organization. The committee worked to establish by-laws, negotiate agreements with the city and Northland Cable, and the Woodburn School District. In latter 1993 and .early 1994, the committee took receipt of $55,000. O0 of studio equipment (cameras, video tape machines, and video switchers). Woodburn Community Access Television was incorporated as a 501C non- profit organization on April 18, 1994. A Board of Directors was elected with Bruce ThOmas as President, .Jerry Cotter as Vice-President, Linda Johnston as Secretary, and Linda Spauer as Treasurer. Dail Adams, David Higgenbottom and Jose Castro made up the original Board of Directors. In late 1994, Woodburn Community Access Television (WCAT) began cablecasting on Northland Cable channel 16 using a used display computer and two VHS decks controlled by'a timer. Because Northland Cable News was making use of the Access Studio at 635 Glatt Circle (Northland Cable building), the Board of Directors decided to locate the WCAT control room and studio at Woodburn Fire District after the Fire District offered a small unused office at their James Street Station. WCAT made use of the larger and adjoining day-room' for studio operations. Local shows being cablecast in late 1994 included "Let's Communicate", "Woodburn Fire District Presents", "Jose Castro Show", "Woodburn City Council" and "Los Amgios". In early 1995, using operating equipment funds, the Board of Directors voted to purchase a new automated on-air playback system. Four new VHS- 15C giving WCAT productions a "nicer" look. Studio lighting fixtures have been secured and will be placed in service soon. The WCAT Board of Directors held two community open houses in late January. A weekday, by invitation only open house for community leaders was well attended. A weekend open house for the general public attracted about 100 interested citizens. Local productions currently being aired on WCAT include the "Woodburn City Council", "Let's Communicate", "Los Amigos", "Woodburn Parks and Rec", "Healthy Cooking with Elana and Marilynn". A joint WCAT/TAG student program from Nellie Muir School is also underway with a Board member teaching the students how to produce a television program. The project will culminate in a half hour television show. Training sessions for the general public are being planned every other week through the months of April, May and into June. In addition, a teacher's only Open House is scheduled for early April. Present Switcher Limitations One piece of equipment that was originally purchased by the city now falls short in the technical environment that has been created. That is the W J- MX50 Panasonic switcher. At the time this was purchased, the consultant envisioned a small control center that would control video and audio from one location and would allow for some special effects to occur. The unit also assumes that the user is in a multi-media/single person studio doing "off-line" editing. As the studio concept for WCAT evolved, it became apparent that the WJ- MXSO is not up to the task of "driving" our video needs. First the unit has only four inputs for separate video sources. WCAT presently has 8 sources. This necessitated the need to purchase 2 2x12 video routing switchers to switch the various video sources into the WJ-MXSO Panasonic Switcher. The switcher does not have separate "downstream" or master black. When black is needed, it has to be either switched into the switcher from a black generator, or be punched up using a source used for keying letters into the video on the switcher. The unit cannot be electronically "locked" 15C to the other electronics in the room, instead it is designed to drive all the other electronics it connects to. This is not the general set-up one would expect when setting up a production studio. Generally, switchers are "locked" to a master video black device (WCAT has one), and all other equipment is also locked to this source allowing all the video sources be electronically synchronous. Another problem encountered by the WJ-MXS0 is it's inability to connect to an external key source. This one problem alone keeps the WCAT board from upgrading the character generator at this time. The Future... WCAT has a vision for the future. That vision includes many facets. First and foremost is the involvement of students from the school district in the production process. WCAT board members have targeted school-age kids as a group for involvement. The Board hopes to work with area teachers and administrators in developing this exciting aspect of access television. WCAT hopes to formally adopt an agreement with Woodburn School District in it's roles as administrator of Northland PEG channel 4. In late 1994 WCAT approached then Superintendent Keith Robinson about such an agreement which is spelled out in the City of Woodburn Franchise agreement with Northland. At that time Robinson stated he had no interest in a such an agreement and the matter was dropped. The matter is still unresolved and district representatives to the WCAT Board of Directors are working towards an agreement with the School District. WCAT hopes to expand it's coverage of the community over the next five years. With the pending Canby Cable franchise coming up, the WCAT Board may be able to expand it's production capabilities more rapidly than planned. Expanded coverage of public hearings, area board meetings, and other community events is also being planned. The organization also hopes to attract citizens and students to it's ranks to allow for a qualified "pool" of trained technicians that citizen producers could enlist for their productions. 4 15C The board is also looking to upgrade and expand it's equipment with the addition of a third studio camera, a production switcher, an upgraded character generator, and off-line 3 machine editing station. The possibility of a microwave system would allow for live coverage of community events is also being explored at this time. Summation WCAT is presently operational and is still expanding it's operations. The present Board of Directors is made up of Bruce Thomas, Jerry Cotter, Linda Spauer, Tom Mitchelltree, Dail Adams, Bryan Will, and Francisco Garcia. Pete Gdgeroff from Northland serves as a non-voting member of the Board. Several issues remain to be resolved such as creating general operations protocols, music copyright issues, negotiating an agreement with the School District, and negotiating, accommodating and interfacing with Canby Cable if and when they arrive on the scene. Other issues will come up as time goes on and it is the intent of the present Board of Directors to stay on top of these issues. Respectfully Submitted: ~"Jerry F. Cotter Vice-President WCAT 15C WCAT TIMES A Publication of Woodburn Community Access Television Spring 1997 Vol. 1 Number 1 WCAT 16 Woodburn Community Access Television Settles In Access Studio on Glatt Circle After spending just over a year at James Street Fire Sta- tion in Woodburn, WCAT moved into it's new location at 635 Glatt Circle in October. The move to the access studio facilities at Northland Cable gave WCAT more space and a needed studio with room for equipment and television props and sets. WCAT shares the studio with Northland Cable New's Meaghan Stone and Mark Goldstein. The move to the studio has allowed WCAT to upgrade it's look by allowing the purchasing of studio curtains, construction of risers, and better control of lighting. The increased space has also allowed better technical trouble shooting by allowing easier access to electronic compo- nents. Plan~. ed for the studio are the purchasing of studio grid lighting, moving technical equipment to one end of the studio and the construction of a NCN news set which will use the WCAT risers and lighting. The final instal- lation of sets and lighting is slated for latter March. Get Into It! Make Beautiful Video Pictures...We Can Show You How! WCAT Featured In National Fire Service Publication WCAT's operation was spotlighted as a bright spot in Fire Service video production. A public access show done by WCAT Vice President and Woodburn Fire District Training Officer Jerry Cotter was featured in the May 1995 issue of Fire Chief Magazine. YVoodburn Fire District Presents .... was a 1/2 hour maga- zine style show shot entirely in the field using WCAT Field equipment. The show's two hosts, Todd Ortloff and later Bill Colemen featured fire prevention tips, safety tips, advertised upcoming department events, and discussed emergency issues of the day. The Fire Chief article discussed efforts across the na- tion by local fire jurisdictions to use public access fa- cilities to get their messages out to the public. The Skokie IL publication has a large circulation across the country in the Fire Service and is aimed at high level Chief officers and managers. 15C , Page WCAT Board Members At A Glance President: Brace Thomas Citizen Representative Vice-President: Jerry Cotter Eitizen Representative Secretary: Linda Johnston School Representative Treasurer: Linda Spauer Government Representative Director: Bryan Will Government Representative Director. Tom Mitcheltree School Representative Director. Dali Adams Citizen Representative Director. Fransico Garcia Citizen Representative Teacher Open House Planned For April An open house for area school teach- ers is being planned for Thursday, April 17. The open house will be held from 2:30 pm to 4:00 pm to give area teachers to see the WCAT facilities and work WCAT activities into their teaching programs. The WCAT Board is eager to involve the schools in WCAT activities. Classes Offered For Video Production Training Workshops will be held- starting in April at WCAT studios at 635 Glatt Circle. The classes will be help on Saturday's and will cover many as- pects of television production and equipment use. Scheduled work shops include: April 12: WCAT Orientation 3 Hour Sessions 9 am-12:00 l:00pm-4 pm April 19: Producing Shows 4 Hour Session 9:00 am - 1 pm May 10: Field Equipment Operation 7 Hour Session 9am -5 pm May 17: Studio Operations 4 Hour Sessions 8am-12 1-5pm June 14: Video Editing 4 Hour Sessions 8am-12 1-5pm June 21: Directing Workshop 4 Hour Sessions 8am- 12 1-5pm To. sign up for these classes call WCAT at 981-8235. Class size is limited and is filled first come first serve. WCAT Programs ~^* Currently in Production WCAT has several shows in production. "Let's Communicate" a talk show about events and government is now in it's third season. The show is hosted by Dick Jennings and Kathy Figley. "Los AJnigos" a hispanic health and well-being show is entering it's sec- ond year covering hispanic health issues. The show is connected to Salud. Woodburn Parks and Recreation have a show in production featuring local Parks and Rec programs and events. Mark Goldstein and Bryan Soljum. Eating Healthy with Elena and Marylnn recently began production featuring natural health foods and remedies. Specials for the year have included local coverage of elections, Christ- mas dance programs and school mu- sic programs. Future plans are for expanded cov- erage of local board meetings around the area as well as more thematic television shows. CITY OF 280 Garfield Street · Library WOODBURN Woodburn, Oregon 97071 · 982-5252 MEMORANDUM 15D TO: FROM: DATE: RE: WOODBURN MAYOR AND CITY COUNCIL through CHRIS CHILDS, CITY ADMINISTRATOR LINDA SPRAUER, LIBRARY DIRECTOR ~ April 9, 1997 Librar~ Update NATIONAL LIBRARY WEEK The Woodbum Public Library will celebrate National Library Week with a theme of: "KIDS CONNECT ~ THE LIBRARY" which highlights the World Wide Web via the Internet, for 'kids' of all ages!. The Woodbum Public Library has two computer terminals available to the public to access the Internet. These terminals have been provided by the O.P.E.N. project through Salem Public Library and the City/County Data Center (City of Salem/County of Marion). Providing Intemet access is in accordance with our library's purpose of making educational and informational materials available to all the people of the community. Users need to sign in at the Reference Desk for a specific time slot (either % or 1 hour) before using the Internet. Reservations for a specific day and time may be made up to one week in advance. Internet terminals are limited to two users per terminal at any one time. During National Library Week volunteers may be available for assistance and training, and staff will be assisting patrons to use the Internet when possible. Call and sign up for your session and see what it's all about! On Tuesday, April 15th from 3:30pm - 4:00pm there will be a Ballet Demonstration at the Willamette Ballet Academy. And Wednesday at 10:30am is the regular storytime for pre-school youngsters. The "KIDS CONNECT ~ THE LIBRARY" bookmark contest winners will be announced on Friday, April 18th. 15D On Tuesday, April 15th (without much fanfare because they say it embarrasses them) I will announce the "Library Employee of the Year for 1997", hang a banner and on- going, yearly winner plaque in the library, and present the employee with a name badge and a personal plaque. LIBRARY PARK & ATRIUM IMPROVEMENTS Volunteedsm is alive and well at the library. Spearheaded by Mayor, Nancy Kirksey, the underground sprinkler system in Library Park is a reality. It will be operational when the rain ceases to be so frequent and we ncccl water to keep the grass green. The walls of the neighboring building and stage will receive a coat of new paint (and some new artwork) and coupled with the new reader board and raised bed rose garden, Library Park will take on a whole new look this summer. What a treat to be able to present some of the library's programs for youngsters in the park. Many hands have been at work on this project, both in coordinating the project and in doing the actual work. There are too many to name, for fear I might leave someone out, so I want to express thanks to everyone involved in the project. Addtionally on the west side of the building, a newly landscaped area near the entrance greets the public. VVhat a tremendous improvement. Thanks go to Kristen Hand (and helpers) for this project to earn her 'Silver Award' which ranks the second highest award for Girl Scouts. Kristen, daughter of Philip and Kathy Hand, is a Freshman at Woodburn High School and will receive the award in May at the Girl Scouts Award Ceremony. . . - . 15E MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager /~ Closure of Gatch Street at Railroad Crossing April 9, 1997 Willamette Valley Railroad has been upgrading their trackage in Woodburn along Cleveland Street. They need to remove and replace the ties and rails at the Gatch Street crossing just north of Cleveland Street. They are proposing to do this work on April 23 and 24, 1997. They will place appropriate signs concerning the closure and will notify residents along Gatch street about the closure. Public Safety agencies and the School District will also be notified. The city transit bus utilizes this crossing and will detour down Young Street and Front Street during the closure. Bus patrons have been informed of the proposed closure and the specific dates will be provided to riders prior to the closure. , . 15F TO: City Administrator FROM: SUBJECT: DATE: Bob Arzoian, Building Inspector Building Activity for MARCH, 1997 April 3, 1997 New Residence Value Multi Family Residential Adds & Alts Industrial Commercial Value Signs, Fences, Driveways Mobile Homes MAR 1995 MAR 1996 MAR 1997 No. D. gJ[O~._~3~ No. Dollar Arrlt No. J~}JJJtE.~ 1 123,000 7 937,139. 2 273,720 0 0 0 0 0 0 13 87,400 11 99,933 9 99,536 I 600,000 0 0 I 65,000 3 131,000 3 257,900 2 55,000 9 13,515 4 68,900 5 10,600 2 72,000 9 327,899 7 304,500 TOTAL: 29 1,026,915 34 1,691,771 26 808,356 July 1-June 30 Fiscal Year-to-Date Robert Arzoian Building Official RS:bw BLDACTO3.97 3.395.060 . 15F DOLLARS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A Citizen's Guide 'On How To Establish the Climate Where Racism Cannot Occur Racism. Free Zone City of Woodl~urn Human Rights Commission 270 Montgomery Street (503) 982-2345 "Peaple Valuing Paaple' 1/97 This is a project of the City of Wao#hurn Human Rights Commission 'Racism Free Zone' is a copyrighted project name of t/~e Natianal Racom Free Zone Project 294I Huntington Avenue Suite 2 Baltimore, 1~71and 2 I211 'i4 ''~( Mci Schmidt 840 I-Iermansoa 'Woodburn, OR. 97071 Edie Hudanish 1250 Hardcasfle Woodburn, OR 97071 Shirley Hackett 1231 Stanfield Rd. Woodburn, OR ~071 Nancy Ktrksey 1049 McKinley Woodburn, OR 97071 Susan Fofana-Dura 460 Bradley St. Woodbum, OR 97071 Marcl Anderson 7:10 N. Cascade Woodbum, OR 97071 Dennis and Velda Schooler 340 Jena Court Woodbum, OR 97071 Kathy Mamma Address Unavailable .Iulte Moore City of Woodburn 270 Montgomery Woodburn, OR 970/1 L ENGL~. MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager/~::~ ~ Request for Postponement of Roof Repair Bid Award April 14, 1997 Request that the award of City of Woodburn bid number 97-08 for removal and replacement of the City Hall roof be postponed until the April 28, 1997 meeting. Staff has some concerns about the claims history of the apparent Iow bidder and is waiting on some written information from the Construction Contractors Board on the past claims history. The contractor is appropriately registered, bonded and insured with the Construction Contractors Board for the scope of work that he would be doing for the city. Staff has checked with two other owners, included the Oregon Department of Forestry, on work that the contractor had done for them and both indicated no problems with the contractor or the quality of work. Staff would also like to check with the city attorney to verify that correct procedures were utilized in the bid specification preparation.