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Agenda - 09/08/1997AGENDA WOODBURN CITY COUNCIL SEPTEMBER 8, 1997 - 7:00 P.M. City of Woodbum 270 Montgomery Street * * * Woodburn~ Oregon 97071 CALL TO ORDER AND FLAG SALIITF, A. Council minutes of August 25, 1997 regular and executive meetings. B. Planning Commission minutes of August 14, 1997. C. Library Board minutes of August 27, 1997. APPOINTMI=-NT~/ANNOUNCEMI=.N"I~/PROCLAMATIONS. A. Constitution Week- September 17- 23, 1997. ~ APPOINTMP~NTS ANNOUNCEMRNTS A. PUBLIC FIFAR1NG: September 22, I~YT, 7:00 p.m. LUBA remand of SPR95-10 (LaPoint Texaco/Exxon) PUBLIC I~EARING: September 22, 1997, 7:00 p.m. Appeal of Sign Ordinance Be 3A 4A Woodburn Public Library Sunday hours: September - May; 1:00 - 5:00 p.m. Aquatic Center reopening: September 22, 1997. PROLAMATIONS COMMITTRR I~PORT,q A. Chamber of Commerce B. Other Committees COMMUNICATIONS BUSIN~qS FROM TIqF~ PUBLIC (This allows thc public to introduce items for Council consideration not already scheduled on the agenda.) PUBLIC I-IEARING,S Page 1 - Council Agenda of September 8, 1997. o 10. 11. 12. 13. TABI ..~:.D BI3SINF~S A. VcT)A request for removal of trees on Front Street B. WDA request for parking restrictions. GI~Jql~RAL B~SINESS A. Council Bill No. 1823 - Ordinance authorizing contract with the State of Oregon for financial assistance from the Spec'mi Public Works Fund for Woodland Ave. infrastructure improvements .................................... B. Council Bill No. 1824 - Ordinance extending the repeal date of Ordinance No. 2187 (Interim Telecommunications Facilities Regulations) .................... C. Council Bill bio. 1825 - Resolution entering into an amendment to Local Agency Fund Exchange Agreement for fund exchange from Cleveland Street Project to Front Street/Settlemier Avenue realignment ..................... · : 1826- Re olution ente ng into Agency Vu .d ES. c ge D. Council Bill bio_. .... ,._ ..,m.oa to realign Front St. & Settaenuer t,ve · · · Agreement for State xunas m u~ u,~..-- station repair ....................... E Contract award: Mill Creek pump ....... F. Sound amplification and parking lot closure requests ~ppROVP~L OF CLAIMS p~I]'RLIC NEW BUSINESS 14. SITE pLAIq ACTIONS 15. _STAFF REPORTS A. biorth Willamette Telecom application for Competitive Access Provider Status .... B. Woodbum Public Library grant application for 'Ready to Read' program ....... C. Woodland Avenue north island irrigation .............. D. Status Report on I-5 northbound signal ............... E. Gas tax voter pamphlet statement .................... .151: F. Building Activity for August 1997 ................................ 17. ~ 18. ~XECUTIVE SI~S SIObl 19. ~D~iO~YRIqlv~ Page 2 - Council Agenda of September 8, 1997. 3A COUNCIL MEETING MINUTES August 25, 1997 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF ORE~ON, AUGUST 25, 1997. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. 0OO5 ROLL CALL. Kirksey Present Mayor Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Absent Councilor Pugh Present Councilor Sifuentez Present 002_ 3 0033 005_ 6 staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Lt. Eubank, Finance Director Gillespie, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant MINUTES. FIGLEY/PUGH--. Council regular and executive session minutes of August 11, 1997 be approved; the Planning Commission minutes of July 24, 1997 and the Recreation and Park Board minutes of June 10, 1997 be accepted as presented. The motion passed unanimously. Administrator Childs requested that two additional sound amplification permit requests be added as agenda items 10(K). Mayor Kirksey stated that she would also add to the agenda under item 10(L) the recommended appointments of individuals to the Marion County Solid Waste Advisory Committee. ANNOUNCE~--NTS -~ ~) SUNDAY LIBRARY HOURS --- The woodburn Public Library will begin their Sunday hours on September 7, 1997. The hours of operation on Sundays will be 1:00 pm to 5:00 pm. B) TEMPORARY CLOSURE OF AQUATIC CENTER -- The Aquatic Center will be closed for the period of September 1 - 21, 1997 for the annual maintenance of the pool. C) LUBA REHAND HEARING: LAPOINTE SITE PLAN -- A public hearing before the City Council will be held on LaPointe Site Plan on Monday, September 22, 1997, 7:00 pm, in the City Hall Council Chambers. Page 1 - Council Meeting Minutes, August 25, 1997 3A TAPE READ I NG 0093 0151 COUNCIL M~ETING MI~3TES August 25, 1997 D) CANCELLATION OF SPECIAL COUNCIL M~ETING -- Mayor Kirksey stated that she has canceled the special meeting called for Tuesday, August 26th, since there is a quorum of Councilors present at this meeting. ~ORANDU~ FROM T~E COUNCIL OF ~OV~RNM~NTS -- Mayor Kirksey read the memorandum from Executive Director David Galati informing the Mayor and Council that Mayors and Commissioners from Marion, Polk & Yamhill counties had met on August 13th to discuss the Governor's failed transportation package and the participants had decided to send a resolution to each local government within these counties urging the Governor to convene a special session of the legislature to address the transportation issue. Mayor Kirksey stated that she has signed the resolution provided by COG and has returned it to COG for submittal to the Governor. PUBLIC HEARING - WOODBURN COMPREHENSIVE PLAN CHANGES REGARDING WATER AND WASTEWATER PLANS. Mayor Kirksey opened the public hearing at 7:08 p.m.. Public Works Manager Rohman stated that the City is in the process of updating our current Comprehensive Plan (Woodburn 2000) which was completed about 20 years ago. The updated plan will provide a planning guide for the community through the year 2020. The Wastewater Facilities Plan and draft Water Master Plan call for changes to be made in the Comprehensive Plan to meet specific goals and policies related to each area. He stated that LCDC does want to review and make appropriate comments on the City's Water Master Plan before the Council formally adopts the Water Master Plan. In summary, the document language has been brought up-to-date and verbiage was added to include both the Water Master Plan and Wastewater Facilities Plan as part of the Comprehensive Plan. Also added was a set of goals for Water and Wastewater and an abstract of the water and wastewater elements of the Comprehensive Plan was rewritten. Councilor Pugh questioned the status of the Water Master Plan and the impact of adopting changes to the Comprehensive Plan prior to the adoption of the master plan. In his opinion, more work is necessary on the water master plan in order to address the placement of a third treatment and distribution site within the City along with other issues such as taking the iron out of the water. Public Works Manager Rohman stated that as the City proceeds with the Water Master plan, there are guidelines to follow, which includes the third treatment site issue, and the Council will be involved in that decision process. He reiterated that the Comprehensive Plan is a planning document which is a roadmap to follow. Page 2 - Council Meeting Minutes, August 25, 1997 TAPE READING 0428 0440 0448 0690 0760 COUNCIL M~ETING MINUTES August 25, 1997 Councilor Pugh expressed his opinion that the Water Master Plan should consist of a strong committee, such as the Wastewater Facilities Plan committee, and it should start as early, as possible. No one in the audience commented on the proposed changes. Administrator Childs stated that, if the Council approved the proposed changes, the next step in this process is to direct staff to prepare an ordinance to adopt the amendments. Mayor Kirksey declared the public hearing closed at 7:18 p.m. FIGLEY/PUGH .... approve the proposed changes to the Comprehensive Plan in the area of water and wastewater and direct staff to draft ordinance to adopt the amendments. The motion passed unanimously. TABLED BUSINESS. A) Woodburn Downtown Association request for removal of trees on Front Street -- No action was taken by the Council to remove this item from the table. B) Woodburn Downtown Association request for parking restrictions -- No action was taken by the Council to remove this item from the table. COUNCIL BILL 1758 - ORDINANCE INCREASING THE MOTOR VEHICLE FUEL TAX, PROVIDING FOR ~ ADMINISTRATION, ENFORCEMENT, AND COLLECTION, AND R~FERRING ORDINANCE TO THE ELECTORS. Mayor Kirksey stated that this bill had been introduced at a prior meeting. Attorney Shields stated that the ordinance contains the updated technical language relating to the passage of Ballot Measure 50, the inclusion of a regional gas tax, and an election date of November 4, 1997. He reviewed each Whereas clause and Section within the ordinance affected by these changes. FIGLEY/PUGH .... amendments proposed by staff be approved. The motion passed unanimously. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1758 duly passed. COUNCIL BILL 1820 - RESOLUTION URGING GOVERNOR KITZHABER TO CONVENE A SPECIAL SESSION OF THE LEGISLATURE TO CONSIDER'AN 3A ADDITIONAL STATEWIDE VEHICLE FUEL TAX. Council Bill 1820 was introduced by Councilor Hagenauer. Recorder Tennant read the bill in full at the request of the Mayor. SIFUENTEZ/PUGH... re-order the numbers on the bill to %1 through #5. The motion passed unanimously. Page 3 - Council Meeting Minutes, August 25, 1997 TAPE READ I NG 0915 0940 0965 0975 COUNCIL MEETING MINUTES August 25, 1997 Councilor Pugh stated that he would like the public to know what this resolution says and suggested it be printed in the Woodburn Independent. Mayor Kirksey stated that she would include it in her weekly column. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1820 duly passed. COUNCIL BILL 1821 - RESOLUTION ENTERING INTO AGREEMENT WITH SALEM AR~.A TRANSIT DISTRICT FOR 1997-98 SPECIAL TRANSPORTATION FUNDS o Councilor Hagenauer introduced Council Bill 1821. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1821 duly passed. COUNCIL BILL 1822 - RESOLUTION ENTERING INTO A LOCAL AGENCY FUND EXCHANGE AGRE~WITH STATE DEPT. OF TRANSPORTATION FOR IMPROV~9~NT OF T~ RAILROAD CROSSING AT BOONES FERRY ROAD. Council Bill 1822 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1822 passed unanimously. Mayor Kirksey declared the bill duly passed. ACCEPTANCE OF UTILITY EASEMENT IN CONJUNCTION WITH CENTENNIAL SUBDIVISION. Utility easements were conveyed to the City for utilities installed adjacent to Orchard Lane and Centennial Drive. FIGLEY/SIFUENTEZ .... accept the easements from Donald & Agnes Hagenauer, Karen Hagenauer, and Ronald Smith & Windsor Properties Inc. as presented. The motion passed unanimously. ACCEPTANCE OF UTILITY EASEMENT IN CONJUNCTION WITH I-5 PUMP 3A 1015 STATION AND FORCE MAIN PROJECT. Staff recommended the acceptance of a utility easement from Marion County Housing Authority for tax lots ~92290-090, 92290-220, and 92290-239. FIGLEY/SIFUENTEZ .... accept the easement from Marion County Housing Authority as presented. The motion passed unanimously. CONTRACT AWARD #98-02 -- EXTERIOR PAINTING OF WATER TOWER. Bids were received from the following contractors for the exterior painting of the 750,000 gallon water tower: Long Painting Company, $84,385.00; S&K Painting Inc., $89,000; and Dunkin & Bush, Inc., $246,000.00. Page 4 - Council Meeting Minutes, August 25, 1997 TAPE READ I NG 1052 1068 1109 COUNCIL MEETING MINUTES August 25, 1997 FIGLEY/PUGH... award the contract to the low bidder, Long Painting Company, in the amount of $84,385.00. The motion passed unanimously. It'was also noted that, over the next 10 years, the lease payment received by the City for lease of space on the tower to a cellular phone company will pay for the cost of the exterior painting. CONTRACT AWARD - I-5 PUMP STATION AND FORCE MAIN. Bids were received from the following contractors for this project which is part of the overall sewage improvements provided for within the Wastewater Facilities Plan: James Fowler Co, $387,067.00; and Alliance Corporation, $454,707.00. Staff recommended the acceptance of the low bid which was 5.9% below the engineer's estimate of $411,131.00. FIGLEY/PUGH... accept the low bid from James Fowler Co. in the amount of $387,067.00. The motion passed unanimously. REQUEST FOR SOUND AMPLIFICATION PERMIT - 565 5TH STREET. A request for a sound amplification permit was requested by Reyna Aguilera, 565 5th Street, for the purpose of having a musical group play at their residence during a celebration for their 50th wedding anniversary. Chief Wright recommended that the permit request be denied since the use of sound amplification devices would disturb the residents within the neighborhood. FIGLEY/PUGH .... recommendation from staff be followed and deny the request for a sound amplification permit. The motion passed unanimously. COUNCIL DISCUSSION ON POSSIBLE ~ARBA~E FRANCHISE FEE INCREASE. 3A Administrator Childs reviewed his staff report requesting Council dialogue on the possibility of increasing the garbage franchise fee since this is an appropriate time to re-open negotiations with United Disposal Service. The principal reason for re-opening the agreement relates to the yard waste recycling program and updating fees associated with this service. It was noted in the memo that the City currently charges a 3% franchise fee of gross revenues while state law allows up to a 5% franchise fee. United Disposal Service has indicated that they are willing to discuss a fee increase, however, any increase would be passed on to the customers. Additionally, the City Attorney's legal opinion on the issue of whether or not a franchise fee increase would be classified as a fee shift under Ballot Measure 50 should be completed by the first meeting in September. Councilor Figley stated that she wanted to review the City Attorney's opinion before any decision is made on this issue. Page 5 - Council Meeting Minutes, August 25, 1997 TAPE READING 1316 1453 COUNCIL MEETING MINUTES August 25, 1997 Brief discussion was held regarding the continuation of this matter until the latter part of September or first part of October. Administrator Childs suggested that the City not wait too long since United Disposal Service wants to move forward on finalizing an agreement. Mayor Kirksey stated that she would prefer that this issue be delayed at least until the last meeting in September since two Councilors would not be able to attend the first meeting in September. PUGH/FIGLEY... move to defer this issue until two Council meetings from tonight. Further discussion was held on the exact date in which this issue would be discussed. The motion and second were withdrawn. PUSH/FInLEY .... defer this issue until the first Council meeting in October with the staff support information available at that time. The motion passed unanimously. REQUEST FOR SOUND AMPLIFICATION PERMITS. Administrator Childs stated that the City had recently received two additional requests for sound amplification permits. Both requests involved the use of sound amplification devices for private parties in a residential area. FIGLEY/PUGH... request for sound amplification permit requested by Antonio Flores, 830 Elana Drive, be denied per Chief Wright's recommendation. The motion passed unanimously. FIGLEY/PU~H... request for sound amplification permit requested by Everardo Gonzalez, 218 Oswald St., be denied per Chief Wright's recommendation. The motion passed unanimously. Councilor Sifuentez expressed her appreciation to the individuals who had followed the procedures to request the permit even though those requests had been denied by the Council. MARION COUNTY SOLID WASTE ADVISORY COMMITTEE -- RECOMMENDATION 3A OF INDIVIDUALS FOR APPOINTMENT TO COMMITTEE. Mayor Kirksey stated that Ron Lilienthal and David Vancil, both residents of the City, have expressed an interest in representing Wood[burn on the Marion County Solid Waste Advisory Committee. Currently, there is no one on the committee from this area and there are two slots on the committee that are vacant. She requested that the Council pass a motion to recommend to the County Commissioners that these individuals be appointed the committee. SIFUENTEZ/FIGLEY... recommend to the Marion County Commissioners the appointment of Ron Lilienthal and David Vancil to the Solid Waste Advisory Committee. The motion passed unanimously. Page 6 - Council Meeting Minutes, August 25, 1997 3A TAPE READ I NG 1492 COUNCIL MEETING MINUTES August 25, 1997 Jim Audritsh, 16775 Butteville Rd. NE, expressed his appreciation to the Public Works Director for his work in coordinating the work relating to the Boones Ferry Rd. railroad crossing improvement. Mark Nelson, 990 Cupids Knoll, Monmouth, spoke on the Council's passage of Council Bill 1758 (Ordinance imposing additional motor vehicle fuel tax and calling for an election on November 4, 1997). He stated that the City is the only local government imposing a tax on diesel fuel in addition to gasoline. He, along with other local gasoline dealers in Woodburn, object to this additional tax and they will be actively opposing the passage of this ballot measure. In his opinion, the passage of this bill has created a confrontational situation between the City, businesses, and the general public. If the measure is defeated, the dealers will be looking at referring to the voters the repeal of the current one cent tax. He stated that he had spoken with Paul Simmons, representative from Waremart, who informed him that the City had given Waremart a verbal agreement that, if the additional 2 cent gas tax was implemented, Waremart would not have to pay the tax. Mr. Nelson also reiterated his suggestion that the City submit a general obligation bond measure in November 1998 to the voters as a means of obtaining sufficient funds to make necessary street repairs and future street improvements. Those funds, in addition to all other. state gas tax revenues received by the City, should be more than enough to pay for the street improvements. He also felt that the legislature would convene later this year and he hoped that they would come up with a transportation package that would help cities and counties. Frank Connerton, 1427 Ten Oaks Lane, requested that a stop sign on Senecal Creek Lane and the installation of a speed bump in order to stop the speeding in this area. In addition, the bridge at Senecal Creek is, in his opinion, not up to Dept. of Transportation standards. The end of the bridge is very dangerous and a child could fall down/over the embankment. Staff will check out this situation and report back to the Council. Mr. Connerton also questioned where a property owner's property line actually begins from the middle of the street. Director Tiwari stated that if the City had a 60' wide right- of-way and the roadway was 34' wide, the property line would be 13' from the curb. Maintenance of the 13' area is done by individual property owners even though it is owned by the City since they enjoy the use of the property. Page 7 - Council Meeting Minutes, August 25, 1997 , , 3A TAPE READ I NG 1995 2022 2174 COUNCIL MEETING MINUTES August 25, 1997 SITE pLAN ACTIONS/INTERPRETATiONS/SUBDIVISIONS. A) PLANNING CO~4~ISSION INTERPRETATION OF SIGN CODE -- At the July 24, 1997 Planning Commission meeting, the Commission adopted a final order on the'interpretation of the Sign Code as it relates to integrated business center. The Council took no action on this Planning Commission decision. B) SUBDIVISION #97-03~MINOR PARTITION #97-08 -- PAULUS ESTATES -- The Council took no action on the Planning Commission's approval, with conditions, of the Paulus Estates minor partition in conjunction with their 15 lot subdivision application. STAFF REPORT. A) PROPOSED MARION COUNTY GAS TAX -- Administrator Childs alerted the Council that Marion County is considering the placement of a motor fuel tax and vehicle registration fee on the November 4th ballot. Estimated annual revenues to be received by the City range from $269,235 to $308,345. A public hearing will be held before the Marion County Commissioners on Wednesday, August 27th, on this issue along with other County tax proposals. MAYOR AND COUNCIL REPORTS. Councilor Figley stated that the Council is responsible for the oversight of millions of dollars worth of streets and utility infrastructure. In her opinion, the City has 3 options: 1) do nothing and continue as is; 2) ask for a tax increase; or 3) submit a bond issue to the voters. In reviewing the options, she stated that doing nothing at this time is unacceptable and irresponsible to the extreme. By asking for a tax increase, it places the some of the burden on people who utilize the streets, some of which do not live in Woodburn. If the gas tax were to fail, she would support a bond issue, however, she feels that the users of the streets should be paying for the repairs rather than placing the burden totally on the property tax payers. By referring this issue to the voters, they will be making the decision. She had hoped that the State would have taken some action to implement a transportation package, but with there inability to agree on a package before the end of the legislative session, the City will pursue the fuel taxation increase at the local level. Councilor Sifuentez stated that she supported the statements made by Councilor Figley. Concerned citizens in favor of the gas tax will be distributing flyers to the voters so that they will be better informed as to the impact of this measure. Page 8 - Council Meeting Minutes, August 25, 1997 TAPE COUNCIL M~ETIN~ MINUTES August 25, 1997 READING Councilor Chadwick stated that she was glad that it was going to the voters so that they can make the choice. Councilor Pugh stated that he respects Mark Nelson and complimented him on his discussion, however, he did not feel that a bond issue increasing property tax would be an acceptable method of obtaining the necessary funds to repair streets. He reiterated his belief that a working group of businesses that would come to the City to discuss other viable options. In regards to the potential waste of funds already being received by the City, Councilor Pugh objected to Mr. Nelson's comments on that issue and stated that there is no waste of City funds. The problem before the community is the issue of repairing the roads and, until other options are brought forth, he feels that the fuel tax increase is solution to this problem. In regards to the differences in prices charged by dealers, he stated that the gas stations in town charge different prices for fuel and, in his opinion, the two cent per gallon increase will not adversely affect the local businesses. He suggested that the dealers take a good look at their cost and distribution system. Regarding the verbal agreement with Waremart, the Council stated that City officals did not make any verbal agreements with Waremart on this issue and they would be required to pay the tax if it is passed by the voters. 2454 Mayor Kirksey stated that she, along with Councilors Figley, Pugh, and Sifuentez, had visited the Woodland Ave. area in which a request had been made to provide water service to the median strip so that landscaping could be maintained during the summer months. It was a consensus of the group to ask staff to provide, at the next meeting, an estimated cost to install water service to the median strip located north of the new street behind Miles Chevrolet. As far as the other median strips in the area, no action will be taken until such time as the City can negotiate with the State any modifications to Woodland Avenue near the Highway 219 intersection. Mayor Kirksey stated that Councilors Pugh and Figley made statements similar to what she would have made and commented that there is a $.14 differential between a gas station on one side of the freeway to stations on the other s~de, therefore, she does not thoroughly understand how $.02 can make a difference to the station owners. 2556 EXECUTIVE SESSION. FInLEY/PUSH... Council adjourn to executive session under the authority of ORS 192.660(1) (e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. The motion passed unanimously. Page 9 - Council Meeting Minutes, August 25, 1997 3A TAPE READING 2568 2576 COUNCIL MEETING MINUTES August 25, 1997 The meeting adjourned to executive session at 8:18 p.m. and reconvened at 8:38 p.m.. Mayor Kirksey stated that no action will be taken by the Council as a result of the executive session. ADJOURNMENT. PUGH/FIGLEY .... meeting be adjourned. unanimously. The meeting adjourned at 8:39 p.m.. The motion passed 3A APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, August 25, 1997 , . 3A Executive Session COUNCIL MEETING MINUTES August 25, 1997 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 25, 1997. CONVENED. The Council met in executive session at 8:25 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Presem Councilor Jennings Absem 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: Mark Goldstein, Northland Cable News; Karen Tate, Woodburn Indpendent The executive session was called under the authority of ORS 192.660(1)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. ADJOURNMENT. The executive session adjourned at 8:37 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - Executive Session, Council Meeting Minutes, August 25, 1997 MINUTES WOODBURN PLANNING COMMISSION AUGUST 14, 1997 3B ~ The Planning Commission met in regular session at 7:00 p.m. with Commissioner Atkinson presiding. Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Atkinson Present Will Present Schultz Absent Lawson Present Frawley Present Palmer Present Torres Absent Warzynski Absent * Young Present * Commissioner Warzynski called and is going in for an operation. She will not be at this meeting, and possibly will not be at the next meeting. Staff Present: Steve ~ Community Development Director Naomi Tejeda, Assistant Planner Commissioner Palmer motioned to approve the minutes with minor corrections, Commissioner Will seconded. The motion passed. BUSINESS FROM AUDIENCE None COMMUNICATIONS None PUBLIC HEARING A. Comm'ehensive Plan Text Amendment 97.01. amend the poals. _oolicies and abstracts of Woodbum's ComorehenSive Plan reeardina water/wastewater and around water resources. _presented. bv Frank TIwari. D~mcto~ of Public Works and Randy Rohman. public Works Prop_ram Mana_eer. Presentation was made by Randy Rohman as reflected in the memo included in the packet, with re(xxnmendation to approve the proposed amendments and direct staff to present the changes to the City Council for final approval. Page 1 - Planning Commission Minutes of August 14, 1997 Commissioner Will · Stated he had some questions, but they have all been answered by Mr. Rohman's presentation. He wanted to make sure that all concerns of DLCD had been addressed. Mr. Rohman · Stated that population projection concerns will have to be answered through the periodic review process, and may require that we .come back and modify these .plans. Commissioner Will · Asked if the hookup to sewer service for urban growth areas will be handled through the state. Mr. Rohman · We are looking at areas that we are expecting reasonable growth, and will be looking at servicing some areas outside the urban growth areas for public health reasons. Commissioner Palmer · Questioned some seemingly conflicting wording with regard to water infiltration vs impermeable soils. Mr. Rohman · Clarified that the soils are considered to be semi-confined through which water moves at a very slow pace. Commissioner Palmer · Will the ammonia removal be at an additional cost, or will it be covered by the rate increase? Mr. Rohman · The cost of ammonia removal will be covered bythe current rate increase, which will be in effect for a five-year pedod after which further evaluation will determine if a further increase is necessary. Commissioner Lawson · Questioned' whether wording regarding growth trends might limit our ability to approach controlled growth. Mr. Rohman · This will be something that we will take a look at dudng the periodic review process, but may be better answered by Steve Goeckritz. Page 2 - Planning Commission Minutes of August 14, 1997 Staff This is one of the more controversial issues the Commission will have to address in regard to the land use plan. Planning strategy developed during the periodic review process will set the tone for ¥.4~at we are going to have 'in the future for e population base. Commissioner Will · How does the old Marion County landfill impact Woodbum°s groundwater flow?. Mr. Rohman · We monitor* very closely what Marion County does at the landfill, and we receive copies of test results from their very active monitoring prc~;Irem. Commissioner Will · Are you working on a plan to pump the water into the new plant? Mr. Rohman · Potential is not great for that, but it is still under discussion at this point. Commissioner Atkinson · Inquired where the 40 million dollars in funding will be coming from. Mr. Rohman · Responded we have in place about 25 million dollars in DEQ loans and we will still be looking at funding for the remainder. We have gotten some indication from DEQ that when the time comes for the requirement for additional money, they tend to continue funding projects that they have already begun funding. We anticipate that given the assurances we've gotten from DEQ, we will probably end up funding the vast majority of the remainder of the money with loans from DEQ. Clarified that DEQ will not be coming up and saying we have to pay back 40 million dollars at one time, payment will be over a 20-year loan program. Testimony by Proponents None Testimony by OpDonents None Hearin¢~ Closed None Page 3 - Planning Commission Minutes of August 14, 1997 Commissioner L~ moved to approve the proposed changes and that staff proceed with their im'plementation. Commissioner Will seconded. Motion passed. B. Subdivision 97-03 & Minor Partition 97-08 Paulus Estates. proposed 15 lot subdivision located at the northeast jlltemecfion of Wilson & Hawley, Staff read applicable ORS statements. Staff made presentation as reflected in the Staff Report included in the Planning Commission packet distributed for this meeting. Staff recommends approval of the minor partition subject to the conditions listed in the staff report. None E3L.-garte None Testimony by A=_r)licant - Paul Sedoruk. 4185 M_vro Avenue. Salem OR Applicant presented aedal ~h showing the existing development surrounding the ¢m3pmty. He noted that there is only one intersection within the subdivision, and that lots 1 and 15, by definition, are comer lois. All olhers are intedor lots. All the lots meet or exceed size and measurement requirements without requiring any variances. Applicant. has concerns with some.of the listed conditions as follows: · Condition #17 - Applicant asked Commissioners to consider granting Lot #1 access to Wilson Street, as it is a comer lot. Condition #24 - Applicant questioned the necessity for vision tdangle on Lots 5, 6, and 10. Condition #20 - Applicant requests that the existing pavement be evaluated as to whether an overlay is necessary, or if it can be omitted as a condition. Condition #21 - Applicant asked what previous construction cost is being referred to, and how the applicant is responsible for that cost. Testimonv bv Ar)r)licant - Cad 8rfltznaael. Owner. Windsor Proaerlie-$. P~,~g[ NE Comell Rd Mr. Spitznagel stated he is the proposed builder of homes for the subdivision, which will all be stick-built, two story homes up to 1500 square feel He has concerns with Condition #21, which he thinks is tied to system development charges, but he would like clarification on that issue. as to exactly what his liability is under that condition. Testimony b_v Pro_rmnent~ None Testimony by O_r)ponents None Page 4 - Planning COmmission Minutes of August 14, 1997 Rebuttal ~taff Condition #24 - The concern is that fencing and/or vegetation stay at a 30" height. Condition #20 - This has been looked at by the public works department, and has been determined to be required to improve the street to city standards. Condition #17 - Staff does not have a particular problem with one access to Wilson Street from Lot #1. Condition #21 - Staff does not have an answer for that condition at this time, but hesitates to continue a hearing (~n that point alone. Staff will research this point for final determination of what these costs entail, after which time the applicant may appeal to the City Council if the applicant feels the requirement is excessive or unnecessary. Commissioner Lawsor~ · Has the possibility of a one-foot reserve stdp been checked out? Staff · Staff does not believe a spike strip has shown up on the records. This might have been more of a precautionary statement. Commissioner Will · Wanted to clarify that staff would have no problem with regard to Condition #17, granting access to Wilson Street from Lot #1, but is steadfast Condition ~20, overlay of existing pavement, Condition #21 could be worked out with developer, and asked for cl.arification with regard to Condition #24. Staff · Stated that was correct for C,a~itions 17, 20, and 21. With regard to Condition #24, concern is about sight visibility coming out of driveways. Commissioner Young · Asked what distance on Wilson Street is referred to as needing overlay. Staff · Replied the property frontage is where the responsibility lies. Rebuttal AD. Dlicant · Applicant asked to establish a record that Lots #1 and 15 are designated as comer lots, and all others am designated as interior lois. He stated he has the same safety concerns with vision triangle issues. Applicant appreciates the correction that they can go to City Council if a problem adses with regard to the reimbursement issue if they feel it is not just. Page 5 - Planning Commission Minutes of August 14, 1997 Dis. cussion None Hearing Closed Commissioner Palrrler motioned to approve application subject to the conditions stated by staff plus changes made to those conditions at this meeting. Commissiorler Frawley seconded. Motion was passed. C. Annex 97-01, ~_7~__ .e Change_ 97-01 & .S. ubdivision 97-01 Rehder Addition. annexation 0, 1 acre. zone char~_e ,,u~ Ur~q Transition F~,'~n to Single Fa,T,~;y ~.c~_-!de~ial Di$~ict.' an, _Dro_m3sed 4 lot subdivision Ioceted at 1570 E. Blaine S{reet, Staff read applicable ORS statements. Staff read applicant's request into the record. Applicant has requested a continuance on this application, to be held at the next regularly scheduled Planning Commission meeting on August 28th, 1997, at 7:00 p.m. Commissioner Palmer motioned that the continuance be granted. Commissioner Will seconded the motion. Motion carried. D.:..Zone Ch.a. nge 97-07 Orville Krebs, zone change of four tax lots to~alim3 11.880 souaro fe.,t from Sinqle F&ii-dly R_m~_!dentlal District to Multi-family R_~sidentla~-loCated at th~ ;~tersec~;on of Young and G~ch Street - Application has been withdrawn. Discussiort Item-~ A. Minor Partition 97.09. division of the lot located at 1600 Mt. Hood Avenue into two _m~--~-Is. Parcel ~ is _,7,--_,~_~.3ed_ to be a_~_Droximatelv 2_~3.099 s~uare fc.c.-~ and parcel #2 to be 53.292 sauare feet - - Commissioner Frawley · Questioned if this was a follow up on the Coastal deal so they can have the land. Staff · Replied that the larger parcel could be the possible site of the Coastal Farm outlet store and they may .be opening the other site for commercial development. B. See a..ttached left_er from Robert Benck, Fire Marshall reaardina the removed access_ b_v the rmlroad to four _res_!deida bet'#con 875 and 975 Cleveland No Discussion. Page 6 - Planning Commission Minutes of August 14, 1997 C. Woodbum Siqn Ordir~ance Inte _rpretation Findinn~-~ Commissioner Lawson · Stated it is well put together and covers all the items the Commission discussed. The main issue is the intent of the ordinance. He suggested the conclusion include the phrase "and does not conform to the original intent of the sign ordinance". Stated if tile Commission so wishes, staff will incorporate that phrase into the Planning Commission statement to read: q'he Planning Commission has determined that the applicant's broad interpretation goes against the community's desire to protect the public from sign clutter and does not conform to the original intent of the sign ordinance.' D. See attached memo from Naomi Te_ieda. A_~_.'-s~_.qt Planner reqarGinq Mom_an Driveway. Inc. located at 2400 Proqress Way. -- Commissioner Young · Questioned the portion of the condition that states 'No buildings, structures, storage of material, or parking...' Asked if they are not going to be parking any equipment in that area. Staff ReDoes Replied that the condition was referring to just inside the landscape and buffer areas, which is a 5-foot wide area, and was aimed at landscaping issues. . A. Buildin0 Activity_ for July 1997 Staff Activity so far this fiscal year (which began July 1) is slightly over three million dollars. Commissioner Palmer Stated he received a phone call from Doris Block in regard to a partition on Blaine Street that the Commission approved a couple of months ago. Apparently the surveyor was out and has moved stakes again. She wants to be assured lhat the City will maintain the setbacks previously set forth. She is worried this may not happen if they keep moving the stakes. He also questioned why the property has been surveyed three different times and they have come up with three different property lines. Staff The reason for the latest survey was that the plat that was acknowledged by the Planning Commission had an angled corner so the manufactured home could meet the rear yard setback, then it was drawn differently than what was act~, so we basically wanted him to fix that so that it looked exactly like what was approved. Page 7 - Planning Commission Minutes of August 14, 1997 C(Smmissioner Will Asked what is happening with the Lincoln Street duplex property owned by Mr. Doman. Staff Replied that property is being worked on. Commissioner Frawley Asked about the status on the Exxon property. Staff This issue has gone back to City Council for correction, al~ is not over yet. Commissioner Atkinson Questioned status of curb cut at the Wendy's location. Staff This issue is in circuit court at this point, might go to court of appeals, or back to LUBA. Commissioner Will moved to adjoum the meeting. Commissioner Frawley seconded. Motion passed, meeting adjourned. 3]~ Page 8 - Planning Commission Minutes of August 14, 1997 MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD 3C DATE: ROLL CALL: STAFF PRESENT: GUESTS: CALL TO ORDER: SECRETARY'S REPORT: August 25, 1997 Willy Baldwin - Absent Gloria Predeek - Present Phyllis Bauer - Excused Jean Weatherill - Present Dorothy Jaeger - Present Linda Sprauer, Director Judy Coreson, Recording Secretary None President Dorothy Jaeger called the meeting to order at 12 Noon. The monthly Board minutes of May 27, 1997 were approved as submitted. The monthly June and July meetings were not held. Monthly Statistics: The monthly statistics were ~;elf-e~.:i:.-lanatory. A spread sheet showing the 1996-97 flscai year circulation, reference, acquisition, volunteer hours, and patron count statistics was distributed to the Board. The count of people visiting the library for the following months was: May:. 13,561; June: 11,620; and July: 12,937. Activities: A list of activities were distributed to the Board. Mary Pan'a, Youth Services Librarian, reported on the Summer Reading Program. She had scheduled a variety of programs for various age groups which were well attended. The open Sunday hours begin September 7 from 1:00 to 5:00 PM and continue through May 1998. This is an addition of one hour from previous years. Staff News: Carol Groff was hired as a part-time Library Assistant to replace Mary Parra, who was promoted to the positon of Youth Services Librarian. The part-time Reference/Outreach Librarian, Marilyn Felipe, moved to Camas, WA. Nancy Condit, a previous volunteer who worked on vertical file information, was hired to replace Marilyn. Bonnie Warren will be available as an on-call Reference Librarian. Murray McNeil was hired for the part-time Library Assistant/Security Monitor position to replace Jon DeBoard. Marilyn Runyan, an AARP employee, will not be working for a period of time as her husband is terminally ill. Volunteer of the Month: The following were chosen as Volunteers of the Months: Marguadte Moomaw for May; Jane Stockfleth for June; and Mary Lou Bellante for July. Library Patron Computer Usage: A spread sheet showing computer usage by the public from 1986 to the present time was given to the Board. Library Board Training With Friends: A flier for an early alert for Library Board Training With Friends was given to the Board. Sponsored by The Trustees and Fdends Division of the Oregon Library Association, sessions are scheduled for Saturday, October 25, 1997, "Grass Roots Library Advocacy; Saturday, April 4, 1998, "Library 101"; and Saturday, May 16, 1998, "Library 201" and will be at EdNet sites around the state. Salem will be the closest site. Please let Linda know if you are interested in attending. OLD BUSINESS: Library Park Improvements: The sprinkler system has been working wall on the newly planted grass in the Library pax The reader board has advertised the summer activities and Volunteer of the ~onth. NEW BUSINESS: CCRLS Contract Update: The City Council Bill, a memo from Chris Childs to the City Coundl, and a letter to all PYM Librarians and their City Managers from Linda Cochrane, CCRLS Coordinator, concerning the CCRLS contract was distributed to the Board. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at 1:00 P.M. Respectfully Submitted, Judy Coreson Recording Secretary Library Board Minutes - 8/25/97 2 CONSTITUTION WEEK September 17-23, 1997 WHEREAS, our founding fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America, and provisions and prineiples cOntai~ in the Constitution in order to effectively suptg~, preserve and defend it against all enemies; and WH~ the two hundred tenth anniversary of the signing of the Consatution provides an historic opportunity for all Americans to remember the achievements of the framers of the Constitution and the rights, privileges, and responsibilities they afforded us in this unique document; and WHEREAS, the independence guaranteed to American citizens, whether by birth or naturalization, shouM be celebrated by appropriate ceremonies and activities during Constitution Week September 17 through 25, 1997, as designated by proclatnation of the President of the United States of America in accordatw~ with Public Law 915, now THEREFORE, I, Nancy A. ~trksey, by virtue of the authority vested in me as Mayor of the City of Woodlntrn, do hereby proclaim the week of September 17 through 23, 1997 as CONSII'IU~ON ~ in Woodbum, and urge all citizens to reflect during that week on the many benefits of our Federal Constitution and the privileges and responsibilities of American citizenship. IN [VITNF.8S [YHF. REOF, I have hereunto set my hard arm caused the Seal of the City of Woodburn to be ~ this 27th day of September, 1997. NANCY A. tCtREgEY, MAYOR / CITY OF IVOODBURN IOA MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager/~,~~ Contract for Special Public Works Fund Project for Woodland Avenue Infrastructure Improvements September 3, 1997 RECOMMENDATION: Approve the attached ordinance which will enter into a contract for financial assistance from the Special Public Works Fund of $900,000, composed of $450,000 loan and $450,000 grant, for improvements to Woodland Avenue required to support location of the Waremart, Inc. distribution center. BACKGROUND: The Special Public Works Fund is administered by the Oregon Economic Development Department. The City had made application to this fund for $900,000, composed of a $450,000 loan and a $450,000 grant, to fund improvements to Woodland Avenue required for location of the Waremart distribution center in the city. This was part of a development agreement that had been negotiated between the city and Waremart. The $450,000 loan will be repaid in equal portions of $225,000 each by the City and Waremart. It is currently planned that the city portion will be repaid from the economic development fund with revenues dedicated to capacity enhancement projects. The Financial Assistance Award Contract, which includes a loan agreement, that the attached resolution authorizes the mayor to sign formalizes the award of the $900,000 project for Woodland Avenue infrastructure improvements from the Special Public Works Fund to the city. IOA COUNCIL BILL NO. 1823 ORDINANCE NO. A ORDINANCE AUTHORIZING A LOAN AGREEMENT FROM THE SPECIAL PUBLIC WORKS FUND AND ENTERING INTO A SPECIAL PUBLIC WORKS FUND FINANCIAL ASSISTANCE AWARD CONTRACT; AUTHORIZING THE MAYOR TO SIGN THE LOAN AGREEMENT AND CONTRACT; AND DECLARING AN EMERGENCY. WHEREAS, The City of Woodburn is a municipality within the meaning of Oregon Revised Statutes (ORS) 285.700 (1), and WHEREAS, ORS 285.700 through 285.750 (the Act) authorizes the City to file an application with the Oregon Economic Development Department to obtain financial assistance from the Special Public Works Fund, and WHEREAS, The city filed an application with the Department to obtain financial assistance to make Woodland Avenue infrastructure improvements required for the Waremart, Inc distribution center which is an infrastructure project within the meaning of the Act, and WHEREAS, The Department has approved the city's application for financial assistance from the Special Public Works Fund pursuant to the Act, and WHEREAS, Notice relating to the city's consideration of the adoption of this Ordinance was published at least once in a newspaper of general circulation within the City of Woodburn. Such notice was published at least 14 days in advance of the adoption of this Ordinance; NOW THEREFORE THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section I Loan Authorized. The Mayor is authorized to execute the Financial Assistance Award Contract, the Loan Agreement, and the Promissory Note which are affixed, respectively, as Attachment 'A", Attachment "B" and Exhibit 'F" of Attachment "A" and are by this reference incorporated herein and such other documents as may be required to obtain financial assistance including a loan from the Department on the condition that the principal amount of the loan from the Department to the Municipality is not in excess of $450,000.00 and the interest rate on such loan is not in excess of six(6) percent. The proceeds of the loan from the Department shall be applied solely to the 'Costs of the Project" as such term is defined in the Loan Agreement. IOA Section 2. Security. Amounts payable by the city shall be payable from the sources described in Section 3.09 of the Loan Agreement and Oregon Revised Statutes 285.723 (2) which include: Ce any sources of funds that are legally available to the city, the revenues, if any, of the Project, including special assessment revenues, if any, and the city's general fund including the general revenues of the city, other funds which may be available for such purpose and a pledge of the city's taxing power within the restrictions of Article XI, Section 11 and 11b of the Constitution of the State of Oregon. The obligation of the city to make payments pursuant to the Loan Agreement is a full faith and credit obligation of the city that is not subject to annual appropriation. Section 3. Additional Documents. The Mayor is hereby authorized to enter into any agreements and to execute any documents or certificates which may be required to obtain financial assistance from the Department for the Project pursuant to the Financial Assistance Award Contract and the Loan Agreement. Section 4. Tax-Exemot Status. The city covenants not to take any action or omit to take any action if the taking or omission would cause interest paid by the city pursuant to the Loan Agreement not to quality for the exclusion from gross income provided by Section 103(a) of the Internal Revenue Code of 1986, as amended. The Mayor of the city may enter into covenants on behalf of the city to project the tax-exempt status of the interest paid by the city pursuant to the Loan Agreement and may execute any Tax Certificate, Internal Revenue Service forms or other documents as shall be required by the Department or their bond counsel to protect the tax-exempt status of such interest. Section 5. Reimbursement Bonds. The city may reimburse expenditures for the Project with amounts received from the Department pursuant to the Financing Documents. Additionally, the city understands that the Department may fund or reimburse itself for the funding of bonds issued by the State of Oregon pursuant to the Act. This Ordinance shall constitute 'official intent' within the meaning of Section 1.150-2 of the Income Tax Regulations promulgated by the United States Department of the Treasury with respect to the funding or the reimbursement for the funding of the costs of the Project with the proceeds of the city's loan pursuant to the Financing Documents and with the proceeds of any bonds issued by the State of Oregon pursuant to the Act. Page 2 - COUNCIL BILL NO. RESOLUTION NO. iOA Section 6. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as toform: ~ '~t ~"¥'~~ 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 3 - COUNCIL BILL NO. RESOLUTION NO. IOA ATTACHMENT "A" ATTACHMENT "B" EXHIBIT "F" OF ATTACHMENT :'A" Due to the lenght of the above-referenced attachments, they are not included in the agenda packet, but will be available for inspection at the Council meeting or in the office of the City Recorder. 10B TO: Mayor and City Council FROM: Chris Childs, City Administrator SUB J: Pronosed A~enda Business Item 10B: Extension of Interim Telecommunications Fneilities Ordinnnce DATE: September 4, 1997 RECOMMENDATIOlq;. Approve accompanying ordinance amending Ordinance 2187 extending until December 31, 1997 interim regulations for telecommunications facilities. BACKGROUND: Staff originally anticipated that the final Zoning Ordinance amendment would be presented to the Council in October. However, due to other pressing planning matters, more time is needed. (See attached memo from the Community Development Director.) 10B MEMO To: CHRIS CHILDS, CITY ADMINISTRATOR From: STEVE GOECKRITZ, COMMUNITY DEVELOPMENT DIRECTOR Subject: INTERIM TELECOMMUNICATIONS FACILITIES REGI~ATIONS Date: AUGUST 26, 1997 The interim telecommunications regulations were originally adopted by the City Council in February, 1997 and legally were to expire on August 1, 1997. One previous extension of the expiration date was obtained by staff so that the final Zoning Ordinance amendments could be completed. Due to numerous public hearings and applications, staff is requesting an additional extension of the expiration deadline prior to preaentation of the final ordinance. While the regulations have already been discussed by the Planning Commission, the additional time is needed to prepare the best quality final product. 10B COUNCIL BILL NO. ORDINANCE NO. 1824 AN ORDINANCE AMENDING ORDINANCE NO. 2187 (INTE~ TELECOMlVlUNICATIONS FACILITIES.REGULATIONS) TO EXTEND THE REPEAL DATE AND DE~G AN EMERGENCY. WHE~, the Council pre~iously eaacted Ordinance No. 2187 which provides for interim telecommunications fac~itiea regulations; and WHEREAS, Ordinance No. 2187 provided that the interim telecommunications facilities regulations were repealed on August 1, 1997, and WHEREAS, this Ordinance was amended so that said regulations were repealed on October 13, 1997, and WHEREAS, the Council finds it necessary to again extend the repeal date under Ordinance No. 2187 so that more time is available to consider and adopt the permanent ordinance provisions; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 3 of Ordinance No. 2187 is amended to read as follows: Section 3. The tnz~sage of this ordinance, and the interim telecommunications facilities regulations, enacted herein is expressly declared to be a tempor~ interim measure. This ordinance is repealed at 12:00 ~m. on December 31, 1997. Section 2. This ordinance bein8 necessary for the immed/ate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form.'~ -f~~ (~L ~ ~' ~7 ~ City Attorney Date PAGE 1 - COUNCIL BILL NO. ORDINANCE NO. 10C- IOD MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager ~::?-~ Surface Transportation Program (STP) Fund Exchange Agreements September 3, 1997 RECOMMENDATION: Approve the two attached resolutions entering into: 1) a fund exchange agreement and 2) an amendment to another fund exchange agreement. Both the agreement and the amendment are with the State of Oregon for federal Surface Transportation Program (STP) funds to be utilized for the project to realign the intersection of Front Street and Settlemier Avenue. BACKGROUND: The federal Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 initiated the Surface Transportation Program which replaced the old Federal Aid Urban (FAU) program. The STP funds must be utilized each federal fiscal year under ISTEA rules. The old FAU system allowed for the accumulation of these funds for larger projects which is not allowed under ISTEA. The Oregon Department of Transportation (ODOT) in conjunction with the League of Oregon Cities worked out a program that allowed recipient cities to exchange $1.00 of federal STP funds for 94¢ of state funds which could then be utilized for a much wider variety of projects than authorized under ISTEA. The city utilized these type funds in the past for the Country Club Road realignment. The first resolution enters into a fund exchange agreement to receive $79,787 in state funds for the project to realign Front Street and Settlemier Avenue. This project is part of the Parr Road improvement project that is currently under construction. The second resolution amends an earlier fund exchange agreement to switch the designated project for that agreement from Cleveland Street widening to the realignment of Front Street and Settlemier Avenue. Council concurred in requesting this project switch on December 9, 1996. There are $63,952 in state funds available from this fund exchange agreement. Staff recommends that both resolutions be approved. 10C COUNCIL BILL NO. RESOLUTION NO. 1825 A RESOLUTION ENTERING INTO AMENDMENT I TO LOCAL AGENCY FUND EXCHANGE AGREEMENT NUMBER 13836 TO CHANGE PROJECT FROM CLEVELAND STREET WIDENING TO REAUGNMENT OF FRONT STREET AND SETTLEMIER AVENUE AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AMENDMENT. WHEREAS, the State of Oregon, by authority granted in ORS 366.770 and 366.775, may enter into cooperative agreements with cities for the performance of projects, and WHEREAS, the Woodburn City Council approved Resolution 1326 on October 9, 1995 authorizing entering into Fund Exchange Agreement 13836, and WHEREAS, on December 9, 1996 council concurred with asking that the funding from the fund exchange project for Cleveland Street widening be switched to the realignment of Front Street and Settlemier Avenue, and WHEREAS, it is in the best interest of the city to enter into an amendment to change the project called for in the Fund Exchange Agreement 13836; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into amendment I to Local Agency Fund Exchange Agreement 13836 which is affixed as Attachment 'A" and by this reference incorporated herein with the State of Oregon to change project from Cleveland Street Widening to Realignment of Front Street and Settlemier Avenue. Section 2. That the Mayor and City Recorder are authorized to sign said amendment on behalf of the City of Woodburn. Page 1 COUNCIL BILL NO. RESOLUTION NO. Approved as to form:~,~'~v''''-~ City Attorney APPROVED:. Passed by the Council Submitted to the Mayor Approved by the Mayor Filed In the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Date Nancy A. Kirksey, Mayor 10C Page 2 COUNCIL BILL NO. RESOLUTION NO. April 7, 1997 ATTACHMENT ~t' ~ Page i of ~ -- Misc. Contracts & Agreements Agreement No. 13836, Amendment No. I lOC LOCAL AGENCY AGREEMENT FUND EXCHANGE AGREEMENT 1995 AMENDMENT NO. 1 The State of Oregon, acting by and through its Department of Transportation, hereinafter referred to as State, and the City of Woodbum, acting by and through its City Council, hereinafter referred to as Agency, entered into an agreement on October 13, 1995. Said agreement covers the fund exchange to finance the Cleveland Street Widening project between Front Street and Second Street. It is now determined by State and Agency that the agreement referenced above, although remaining in full force and effect, shall be amended by this agreement to change the fund exchange project to the Front Street I Settlemier Avenue Improvements. Item 3, Page 1, which now reads: Agency has submitted a completed and signed Part I of the Project Prospectus outlining the schedule and costs associated with all phases of the CLEVELAND STREET WIDENING BETWEEN FRONT STREET and SECOND STREET, hereinafter referred to as "Project". Shall be amended to read: Agency has submitted a completed and signed Part I of the Project Prospectus outlining the schedule and costs associated with all phases of the PRONT STREET~ SETTLEM~ER A VENUE IMPROVEMENTS, hereinafter refe.,Ted to as "Project". SIGNATURE PAGE TO FOLLOW ATTACHMENT Page -~ of State of Oregon and City of Woodburn Agreement No. 13,836, Arnendrnent No. 1 4/7/97 Page 2 10C IN WITNESS WHEREOF, the parties hereto have set their hands and their seals as of the day and year hereinafter written. The funding for this fund exchange program was approved by the Oregon Transportation Commission ~)n July 20, 1994, as a part of the 1995-1998 Statewide Transportation Improvement Program. The Financial Services Branch Manager approved this Fund Exchange on September 12, 1995. The Oregon Transportation Commission on March 7, 1996, adopted Delegation Order 2, which grants authority to the Region Manager to approve and execute agreements for work in the current Statewide Transportation Improvement Program. STATE OF OREGON, by and through its Department of Transportation CITY OF WOODBURN, by and through its elected officials By Date Region Manager By Title By Title Date APPROVED AS TO LEGAL SUFFICIENCY City Legal Counsel Date IOD COUNCIL BILL NO. 1826 RESOLUTION NO. A RESOLUTION ENTERING INTO LOCAL AGENCY FUND EXCHANGE AGREEMENT NUMBER 15232 WITH THE STATE OF OREGON FOR STATE FUNDS TO BE UTIUZED TO REAUGN FRONT STREET AND SETTLEMIER AVENUE AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS, the State of Oregon, by authority granted in ORS 366.770 and 366.775, may enter into cooperative agreements with cities for the performance of projects, and WHEREAS, the State has established a fund exchange program to exchange allocated federal funds for state funds to be utilized for accepted projects, and WHEREAS, the State has determined that the project to realign Front Street and Settlemier Avenue is eligible for exchange funds; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into Local Agency Fund Exchange Agreement 15232 with the State of Oregon which is affixed as Attachment 'A' and by this reference incorporated herein for the exchange of allocated federal funds for state funds to be utilized on the project to realign Front Street and Settlemier Avenue. Section 2. That the Mayor and City Recorder are authorized to sign said agreement on behalf of the City of Woodburn. Page I COUNCIL BILL NO. RESOLUTION NO. City Attorney 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 Date APPROVED: Nancy A. Kirksey, Mayor IOD Page 2 COUNCIL BILL NO. RESOLUTION NO. February 25, 1997 ATTACHMENT ,~' Page ! , of J~ Misc. Contracts and Agreements No. 15,232 FUND EXCHANGE AGREEMENT 15,232 IOD THIS AGREEMENT is made and entered int° by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State", and the CITY OF WOODBURN, acting by and through its elected officials, hereinafter referred to as "Agency". By the authority granted in ORS 366.770 and 366.775, State may enter into cooperative agreements with counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 2. State and Agency have determined that it is advantageous to both parties and in the public's interest to enter into this agreement. 3. Agency has submitted a completed and signed Part I of the Project Prospectus outlining the schedule and costs associated with all phases of the Realign Front Street/Settlemier Avenue, hereinafter referred to as "Project". 4. To assist in funding the project, Agency has requested. State to exchange 1996 Federal Funds which have been allocated to Agency for State funds based on the following ratio: $94 State for $100 Federal Based on this ratio, Agency wishes to trade $84,880 Federal Funds for $79,787 State Funds. o State has reviewed Agency's prospectus, considered Agency's request for the fund exchange, and has determined that Agency's project is eligible for the exchange funds. 6. The parties agree that the exchange is subject to the following conditions: Ao The Federal Funds transferred to State may be used by State at its discretion. State dollars transferred to Agency must be used for the Realign Front Street/Settlemier Avenue project. This fund exchange is to ATTACHMENT /"~ Page ,._,'L of ~ IOD Fund Exchange Agreement 2/25197 Page 2 provide funding for specific roadway projects and is not intended for maintenance. State funds may be used for all phases of the project, including preliminary engineering, right of way, utility relocations and construction. Said use shall be consistent with the Oregon Constitution and statutes (Section 3a of Article IX Oregon Constitution). Agency shall be responsible for accounting for expenditure of State Funds. Do This Fund Exchange shall be on a reimbursement basis, with State funds limited to a maximum amount of $79,787. All costs incurred in excess of the fund exchange amount will be the sole responsibility of Agency. Eo State certifies at the time this agreement is written that sufficient funds are available and authorized for expenditure to finance costs of this agreement within State's current appropriation or limitation. Funds available for reimbursement on or after July 1, 1997, are contingent uPon the legislatively approved budget of State. Agency shall be responsible for all costs and expenses related to its employment of individuals to perform the work under this agreement, including but not limited to PERS contributions, workers' compensation, unemployment taxes, and State and Federal income tax withholding. Go Agency agrees to comply with ali applicable State, Federal, and local laws, rules, regulations and ordinances, including but not limited to those pertaining to civil dghts. Ho Agency, or its consultant, shall conduct the necessary preliminary engineering and design work required to produce final plans, specifications and ccst ostimat3s; purchase all necessary right of way in accordance with current State and Feder.~l laws and. regulations; obtain all required permits; be responsible for all utility relocations; advertise for bid proposals; award all contracts; perform all construction engineering; and make all contractor payments required to complete the project. Agency shall submit a copy of the project plans and specifications to State for review two weeks prior to advertisement for Fund Exchange Agreement 2/25/97 ATTACHMENT Page, .,~ of.. Page 3 IOD Jo Mo construction bid proposals. State shall notify Agency of any changes or modifications it deems necessary prior to advertisement. Failure to suggest changes shall in no way constitute State approval of the plan.~ and specifications~' Agency shall compile accurate cost accounting records. Agency shall bill State in a form acceptable to State no more than once a month for costs incurred on the project. State will reimburse Agency at 100 percent of the billing amount not to exceed $79,787. The cost records and accounts pertaining to the work covered by this agreement shall be retained for inspection-by representatives of State for a pedod of three years following final payment. Copies shall be made available upon request. Agency shall upon completion of project maintain and operate the project at its own cost and expense. The contractor, its subcontractors, if any, and all employers working under this agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017 which requires them to provide workers' compensation coverage for all their subject workers. This agreement shall be for two years beginning on the date State's representative executes this agreement and terminating two calendar years later on the same month and day, unless otherwise extended or renewed by formal agreement of the parties. This agreement may be terminated by mutual consent of State and Agency or by either party upon 30 days' written notice, delivered by certified mail or in person. State and Agency hereto agree that if any term or provision of this agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular term or provision held to be invalid. ATTACHMENT Page ~ of Fund Exchange Agreement Page 4 2/25/97 /} ....IOD 7. Agency represents that this agreement is signed by duly authorized Agency personnel. The' funding for this fund exchange program was approved by the Oregon Transportation Commission on September 13, 1995, as a part of the 1996-1998 Statewide Transportation Improvement Program. The Financial Services Funds and Grants Manager approved the fund exchange on February 4, 1997. On March 7, 1996, the Oregon Transportation Commission adopted Delegation Order 2, which Order grants authority to Region Managers to approve and execute agreements for work in the current Statewide Transportation Improvement Program or approved workplan budget. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. All agreement provisions were approved as to legal sufficiency on December 5, 1995, by Dale K. Hormann, Assistant Attomey General. STATE OF OREGON, by and through its Department'of Transportation CITY OF WOODBURN, by and through its elected officials By Date Region Manager By Title By. Title Date APPROVED AS TO LEGAL Date Agency Attorney MEMO TO: FROM: DATE: SUBJECT: City Council through City Administrator Assistant City Engineer September 4, 1997 Removal and Rebuilding of Pump #3, Mill Creek Pump Station RECOMMENDATION: Council award contract to Stettler Supply Company in the amount of $7,315.00 for removal, rebuilding, reinstallation and testing of Mill Creek Pump #3. BACKGROUND: results: Two estimates were obtained from pump companies; these were the Stettler Supply Co, Salem Ericksen Pump Co, Oregon City $ 7,315.00 7,468.00 It is mandatory to keep Mill Creek Station pumps in good working condition. Presently, Pump No. 3 cannot be relied upon for continued pumping; it is in need of bearing replacements and drive shaft overhaul. This overhaul will complete a rebuild cycle for all three pumps, and reliability of the station will continue to meet DEQ requirements. GST:Ig MILCRSTA~UMP3 10F Of Woodburn Police Department ~70 Montgomer ~Street MEMORANDUM Woodburn, Oregon 97071 (503) 982-2345 Ken Wrih~ Chief of 1~ ) To: Mayor and Council Date:September 2, 1997 Subject: (1) (2) Sound Amplification Sept. 13, 1997 - 2225 Pacific Hwy Sept. 14, 1997 - 347 N. Front St. Parking-lot Closure City Parking-Lot Downtown The city has received a request from Salud Medical Center for the closure of the downtown city parking-lot and for the use of sound amplification equipment. The request is in conjunction with the annual Salud Medical Center Health Fair and a celebration for Mexican Independence Day. Parking-lot Closure. It is requested that the downtown parking lot be closed off to normal business activities from 10 A.M. to 6 P.M. on Saturday, September 14, 1996. I have required the organizers to contacted the affected businesses to solicit adverse responses. To date there have been no objections by the affected businesses. Sound Amplification Permit. As part of the celebration a public dance is being offered in the parking-lot, after the Health Fair. This will be from l0 A.M. to 6 P.M. The music will be provided by a band using sound amplification equipment. Ordinance 1900 requires the council to approve sound requests. Sound amplification equipment will also be used on September 13, 1997 at 2225 Pacific Hwy. between the hours of 10 A.M. and 6 P.M. I have received a dance permit for the September 14, 1997 even and a parade permit for the 7 A.M. Fun Run. Upon Council action for the sound permit and parking-lot closure I will complete action on the dance and parade permits. Recommendation The City Council approve the closure of the downtown, parking- lot from 10 A.M. to 6 P.M. on Saturday, September t~, 1997 and allow the use of sound amplification equipment from 10 A.M. to 6 P.M. on September 13 & 14, as requested. CITY OF WOODBURN 10F APPLICATION FOR AMPLIFICATION OF SOUND NAME: DATE: (corporation, business or group in control of event) PERSON RESPONSIBLE: ~,ff_~_ k_.~q.\Lq L. i~-~.~%, x 7~_~ AGE: ADDRESS & TELEPHONE: ~ , .. (of person responsible) ca.,r,_q 990-// .j tq ~ 7 Starting Time: /0 o~wl Ending Time: Signature of Appli~' · 15A TO: FROM' SUBJ.' DATE: MEMO Mayor and City Council Chris Childs, City Administrator North Willamette Telecom A=_olication for Comoetitive A¢;ess Provider (CAP) Status / Local Exchan_ee Service September 2, 1997 This is to advise you that North Willamette Telecom (NWT) of Canby, Oregon has applied to the city to become a Competitive Access Provider (CAP) as well as to provide other telecommunications services under what is termed the "Competitive Zone Law". Attached for your review is a copy of NWT's application letter. You may recall that NWT made a similar application for CAP status in late 1994, which the city council denied on the basis that the company was not yet properly certified by the Public Utilities Commissioner for CAP designation. The present application, for which the company is properly certified by the PUC, goes beyond just CAP designation and includes "Competitive Zone" activities which involve certain other services within the local telephone exchange area. The requested activities are all made possible by state and federal law changes in connection with the deregulation of the telecommunications industry and are representative examples of the rapidly evolving "Information Superhighway" that we have ali read about. North Willamette Telecom will be required to negotiate certain details with U.S. West, the existing telephone provider, as well as to enter into some type of franchise agreement with the city. When the city attorney returns, staff will be further investigating the legal and "process" issues that arise as a result of this application. Staff will also be contacting other cities identified in the PUC's order to determine how they may be dealing with similar applications. This is provided as an informational item only and no action is required on the part of the city council at the present time. After staff has researched the matter, additional information and/or recommendations will be forwarded to the council as appropriate. This application is unrelated to a Cable Television franchise application by North Willamette Telecom that is currently pending with the city. However, it is possible that fiber optic lines and other equipment owned or subsequently constructed by the company could be ultimately be utilized for both purposes. I LI I V VIIlal I It:: LLt= August 27, 1997 Chds Childs, City Administrator City of Woodbum 270 Montgomery Woodbum OR 97071 AUg 2 7 199'/ Subject: ORS 759-050 "Competitive Zone Law" Dear Chds: North Willamette Telecom filed with the City of Woodbum on November 2, 1994 to become a Competitive Access Provider (CAP) under ORS 759-005. This request did not include the authority to provide Competitive Local Exchange Carder (CLEC) telecommunication services, such as local dial tone. The City of Woodburn rejected North Willamette Telecom's request on June 10, 1995, until the OPUC granted authority to North Willamette Telecom. Please find enclosed a copy of Order No. 97-204 CP236, "The matter of the Application of North Willamette Telecom for a Certificate of Authority to Provide Telecommunications Services in Oregon and Classification as a Competitive Provider." The Oregon Public Utility Commission (OPUC) granted North Willamette Telecom the right to provide local exchange telecommunication services under ORS 759-050 "Competitive Zone Law" on June 9, 1997. Included in ORS 759-050 is the authority to provide local exchange service along with non-switched and other services. Please consider this letter as a formal request to provide telephone service within the City of Woodbum. North 'Willamette Telecom also requests to be 'notified when this item is to be discussed in open forum by the City. North Willamette Telecom would like to meet with the City at your eadiest convenience to discuss any concerns you may have and to receive any information you may have in regards to procedures that need to be followed. North Willamette Telecom also hereby requests to be allowed to enter any open trenches by PGE and/or any developer working within the city limits as soon as they become available. For your reference enclosed is a copy of ORS 759-050. Please call me at your earliest convenience, so this process can begin. Sincerely, North Willamette Telecom Eugene L. Cole President Enclosures 15A 190S.E. 2ndAvenue · P.O. Box 850 · Canby, Oregon 97013 · (503) 263-8080 · Fax (503) 266-8297 WOODBURN PUBLIC LIBF RY 280 GARFIELD STREET WOODBURN, OREGON 97071-4698 503-982-5252/5263 OR FAX: 503-982-5258 15B MEMORANDUM TO: FROM: DATE: RE: Mayor and City Councilors through Chds Childs, City Administrator Linda Sprauer, Library Director ,~ September 3, 1997 STAFF REPORT Application was made to the Oregon State Library for the "Ready to Read" grant for 1997-98. This is the method adopted to distribute funds provided under ORS 357.740 to 357.780 and Oregon Administrative Rules Chapter 543, Division 40. Under these provisions, any legally established public library is eligible to apply for a grant. Approximately $2,400 is expected to be received this year as compared to $1,600 last fiscal year. The Oregon Legislature increased the amount available for the 1997-99 biennium, by 50%, or from 50¢ per capita (children birth through age 14 years) to 75¢ per capita. Another portion of the funds are distributed on the basis of total square miles served which is intended to equalize the problems faced by those serving less populated areas of the state. Instructions indicate that the grants will be made in 1997- 98 to those libraries which submit a completed application providing a description of the purpose of the grant and certification indicating grant use for establishing, developing, or improving children's services. In previous years the application had to include certification that funding for library services was continuing at the same or higher dollar amount as was provided locally in one of the two previous years. This "maintenance of effort" clause was set aside for the 1997-99 biennium due to the negative effects Measures 47 and 50 had on many of the public libraries' funding. Attached is a copy of the application, which outlines the description of the grant project. The application was signed by Chris Childs, City Administrator and me and submitted in order to meet the deadline of September 2, 1997. Linda Sprauer, Director ................................. 982-5259 Donna Melendez, Cataloging & Reference ................. 982-5257 Judy Brunkal. Reference & InterLibrary Loan ................ 982-5254 Nicolette Wonacott, Circula§on & Long Loans ............... 982-5262 Mary Parra, Youth Services .............................. 982-5260 Nancy Condit, Part-time Reference & Outreach .............. 982-5253 FOR OREGON STATE LIBRARY USE ONLY County: ]SB Received: Approved: OREGON STATE LIBRARY Ready to Read Grant Application for 1997-98 This application for the Ready to Read program for 1997-98 should be completed and returned to Library Development Services, Oregon State Ubrary. State Library Building, Salem, 97310. Please read the attached line-by-line instructions for the form. The "Frequently Asked Questions" sheet should also provide assistance in understanding the grant program and the application form. To be eligible for funding, applications must be received by September 2, 1997. This form can be replicated on a microcomputer. Additional pages may be attached as necessary. 1. Name of Applicant: 2. Address of Applicant: 3. Contact Person: Linda Sprauer Phone Number 4. Purpose of the Ready to Read Grant (Please see instructions): Need: See attached sheet Woodbum Public Library_ 280 Garfield Street, Woodburn. Oregon 97071-4698 503-982--5263 Service or Program: See attached sheet Target Audience: ~ee attached sheet 5. Measurable Activities (Develop at least one measurable activity; libraries receiving grants over $1,000 should develop at least three measurable activities): Activity 1: September through December (4 months) the librarian will conduct monthly storytimes (at their site) with the three (3) Farnil_v Headstart classes and five (5) OCDC classes. Activity 2: January_ through May these children will be introduced to the library through monthly visitations to the library_. A storytime and craft using age a_opropdate materials will be presented. The Computer Center and its educational software will be utilized. Activity 3: Each agency will receiye a reading theme picture album and each child will be presented with a book of their own dvdng "National Family Week" in May. 6. Proposed Grant Budget Library Staff $ Library Materials $1,798,00 Equipment $ Other $ 600,00 (substitutes may be hired with grant funds) (example: books, subscriptions, software, A-V, puppets) (example: computers, listening stations) . (example: expendable supplies) 15B 7. Verification of "Approx. Square Miles": The attached chart entitled, "Proposed Ready to Read Grants", contains a column of square mileage figures (rounded to the nearest squire mile) for jurisdictions eligible to receive a grant. Please note that the figures for counties and county library services are equal to the square mileage of the county, minus the square mileage of other jurisdictions in the county eligible to receive a grant. Is there a need to amend the square mileage figure for any reason?: X No Yes If yes, please provide proposed amended figure and the reason for the proposed amendment: 8. Certification of Ready to Read Grant Application: To the best of our knowledge and belief, the information in this application is true and correct. We certify that, when the grant is awarded, the Ready to Read Grant will be used to supplement the library's budget from local sources and will be used "to establish, develop, or improve public library services for children" (ORS 357.750). Linda Sprauer Name of Library Directo~ Signature Date Chris Childs Name of local govemment official authorized to apply for grants City Administrator Title Signature Date . ·: .. Purpose of the Ready to Read Grant 15B Need: The purpose of this project is to provide Iow income or special needs families with activities intended to nudure the literacy development of their children. It will also help to better prepare pre- school age children in their transition into public schools. The collaborative efforts with the particular agencies, Family Headstart and Oregon Child Development Coalition (OCDC) will be particularly effective due to their commitment to parenting education and literacy classes. The benefits never end! It is an on-going process with an inter- generational cycle of literacy. Service or Program: This program will establish a partnership with the Family Headstart and OCDC. ,. The librarian will develop storytimes using new materials especially designed for large groups of pre-school age children. (Examples: big books, musical instruments, craft materials, etc.) · The library will also provide instruction on available library programs and materials. Both children and parents will be visiting the public library and participating in varied experiences, which will help them develop literacy skills. · These activities will be recorded through photography and each agency will be presented with a reading theme picture album, consisting of snapshots, storytime theme memories and craft. ,- The parents will also be introduced to the Youth Services' Computer Center and the software available for parents to use with their pre-schoolers. · Because the library recognizes the value of having books at home, this program will allow each child to be presented with a book of their own in celebration of the end of the program during the "Netional Family Week" in May. Target Audience: Family Headstart serves 57 to 60 children ages 3 to 5. These children live in the City of Woodburn. OCDC serves 80 pre-kindergarten children of migrant families from outside the city limits. Families in each of these programs must meet Iow income or special needs cdteda. The library recognizes that many of these families may not avail themselves of the libraries' services due to literacy or economic limitations. 15C MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager ~ Woodland Avenue North Island Irrigation September 4, 1997 At the August 28, 1997 council meeting, staff was asked to research the costs associated with providing water for irrigation to the north island on Woodland Avenue. The normal cost to install a one inch water meter is $300.00, however, given the unique situation and additional time and effort required to do the installation an actual estimate of materials, equipment and labor was made. Total cost computed by the water division for meter installation was $500.41. There are other costs normally paid for by the property owner for an irrigation meter installation. A backflow prevention device will be required to protect the city's supply system from potential contamination. This cost is approximately $100.00 (this is an average price for one of these devices). There will also be an irrigation permit required and the cost of this permit is $120.00 based upon an estimate of the area of the island. The city is the property owner and unless some private group takes responsibility for payment, city funds would need to be used for this purpose. Previous city maintenance effort on this island has been limited to obnoxious vegetation control. Responsibility for the monthly water use costs will also have to be determined. In the past homeowners associations and service groups, such as Kiwanis, have assumed responsibility for certain costs associated with landscape maintenance on public property. NOTE: The above costs are just to provide water to the island. They do not include the cost of irrigation piping, fixtures and controls. lSD MEMO TO: FROM: SUBJECT: DATE: City Council Through City Administrator Public Works Program Manager ~::~4 Status Report on I-5 Northbound Signal September 4, 1997 The signal contractor for the traffic signal is projecting to start work the week of September 22, 1997. The contractor is still awaiting signal poles and has a tentative shipping date of September 17. These are the last item that the contractor needs and they are attempting to improve this shipping data and, if able to get all material on site, they have indicated they would start work before their projected start date. It is still anticipated that the construction work will be completed by October 17 and with signal checkout and turn on by the Oregon Department of Transportation that the signal will be fully operational by October 30, 1997. 15E TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator ~ Gas Tax Voter Pam_~hlet Ex=lanatory Statement September 4, 1997 Attached for your review is a copy of the impartial explanatory statement, concerning the 2-cent fuel tax ballot measure, that will appear in the voters' pamphlet for the November 4, 1997 election. This explanatory statement was developed by staff and reviewed and discussed with the Mayor and the Council President prior to the September 4, 1997 filing deadline. Election laws require that any further informational material prepared by the city regarding the ballot measure, or any related activities, must be done in an impartial manner. However, there is a strong likelihood that separate Political Action Committees (PACs) will be formed to r. epre.sent the partisan views of both the proponents and the opponents of the issue. 15E EXPLANATORY STATEMENT FOR PRINTING IN THE MARION COUNTY VOTER PAMPHLET Election Date NOVEFIBER 4, 1997 This ballot measure will impose a two cent per gallon tax on motor vehicle fuels sold within the city limits of Woodburn. It is in addition to the existing one cent fuel tax approved by city voters in September 1989.- Proceeds from this fuel tax, estimated to be approximately $220,000 per year, will be dedicated by ordinance to the resurfacing and repavement of ~ city streets. The working title of the ordinance is, in fact, the "Woodburn Pavement Preservation Ordinance". Over 48% of Woodbum's street mileage has not been resurfaced in more than 20 years and some 12% has not been resurfaced in over 35 years. Allocation of funds will be prioritized based on need and age of streets citywide. Examples of streets in need of repair include, but are not limited to, portions of Evergreen, Lincoln, Umpqua and South Settlemier, as well as James, Johnson, Myrtle, Columbia and Linda Streets. Technical experts note that the rate of pavement deterioration accelerates drastically after it reaches a certain age, depending on volume of use and other factors. The cost of reconstructing a deteriorated street can be up to five times higher than normal pavement protection done in a timely manner. Proceeds from this tax will not be used for construction of new streets or related improvements. New construction, major upgrades or capaciw improvements are funded from different sources, including the city's Traffic Impact Fee imposed on developers, which cannot be used for routine maintenance. The proposed fuel tax will not be used to improve streets that should properly be funded by Local Improvement Districts (LIDs). Developers are required to construct new residential streets to city standards, prior to d.edicating them for public use.- Fundamentally, growth is expected to pay its own way. The city council has determined that a "user charge" funding source of this nature is a preferable alternative to a property tax or bond for street purposes, because it bears a clearer correlation to travel and driving habits. This tax will be paid by those who use the streets, including those who are merely visiting but also contribute to the wear and tear of the streets. It is estimated that some 75% of fuel sold in Woodburn is purchased by non-residents. The need for this additional funding has been discussed for over four years in connection with the city's transportation planning process. In cooperation with local fuel dealers and the dealers' statewide association, the city council delayed a similar measure, originally scheduled for the May 1997 election. This was to allow {or leg;slat;ve ;mplementation of a statewide transportation tun(ling package that would have been of equivalent benefit to Woodburn. No such package resulted, and Woodburn's street repair needs continue to grow. The ordinance reflects the governing body's intent to repeal this fuel tax if and when a regional or statewide transportation funding package is enacted which is determined to provide the City of Woodburn revenues equal to or greater than would be generated by this tax, Total Words 497 Authorized Signature (NOTE: This statement must not exceed 500 words.) Printed Name Chris Chi]ds Local Govemment Unit City of I~odbu~ Title City Administrator EXPSTMT2.1NS (1/96) 15F TO: FROM: SUBJECT: DATE: Community Development Director Bob Arzoian, Building Inspector Building Activity for August 1997 September 2, 1997 New Residence Value Multi Family R~ Adds & Alts Signs, Fence, Driveways Mobile Homes AUGUST 1995 NO. ~hI,,~R_~ 5 $'751,800 0 0 7 35,005 0 0 7 601,300 19 40,236 3 117,000 AUGUST 1996 No. ~ 4 $ 352,941 0 0 25 187,632 1 65,000 3 23~5~8 4 9,932 lO 467,571 AUGUST 1997 NO. D=Q.[,.~AR_~ 5 $691,527 0 0 15 134,134 0 0 2 1,430,000 7 58,773 15 580,000 41 $1,545,341 47 $1,317,584 44 $2,894,434 luly 1-Juno 30 Fiscal Year-to-Date $ 4.107.607 $ 3.131.495 Robert Arzoian Building Official RA:njm ~gd897