Agenda - 11/12/1996
AGENDA
WooD.vaN CIT. COUNCIL
270 Montgomery Street · · · Woodburn, Oregon
November u.. 1996 - 7:00 P.M.
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A, Council minutes of October 28. 1996 (Regular Meeting)
October 29. 1996 (Special MeetIng). October 21. 1996
(Workshop). and November 4. 1996 (Workshop)
B. Woodburn Public Ubrary Board. October 23. 1996
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APPOINTMENTS:
ANNOUNCEMENTS:
A. Water Master Plan - Public Open House. December 5. 1996
4:00 p.m. - 8:00 p.m.
B. Dedication of Plaque at Pool. November 25. 1996.
6:00 p.m.
C. Prison Siting Public Hearing November 18. 1996
_ State fairgrounds (Cascade Hall)
PROCLAMATIONS
A. National Bible Week
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5.
A. Chamber of Commerce
B. Woodburn Community Center Advisory Committee
(minutes att;ached)
C. Other Committees
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6.
A. State Historic Preservation OfficelBank of
Woodburn National Register designation
6A
Page 1 - Council Agenda, October 14. 1996,
7~ ~~ items for Council consideration
not already scheduled on the agenda.)
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A. Council Bill 1758 - Ordinance Imposing an additional
motor vehicle fuel tax on motor vehicle fuel dealers
for purposes of pavement preservation.
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10.
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A. Council Bill No. 1760 - Resolution entering into an
agreement for professional services with Moss Adams
Advisory Services (Data ProcessIng Strategic Plan). 10A
B. Council Bill No. 1761 - Resolution adopting a
competency/merit salary struCtUf8 for management
and non-unlon employees: authorizing placement of
individual employees on tf1e salary struCtUf8:
establishing rules of implementation; and repealing
Resolution No. 1081. 108
c. Council Bill No. 1762 - Resolution entering into Inter-
govemmental agreement with Chemeketa Convnunity College
for participation In tf1e Chemeketa Cooperative Regional
Ubrary Service (CCRLS). 10C
D. Council BlU No. 1763 - Resolution opposing the siting
and/or construCtion of new state-run adult correctional
facilities. 10D
E. Special meeting procedural changes 10E
F. Door-To-Door SoHcItation - American Heart Association 10F
11.
A. Claim Nos. 34049 - 34501 for the month of October 1996.
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Page 2 - Council Agenda, October 14. 1996,
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A.
B.
Preliminary Election Results (Measure 24-80)
County proposal for traffic/storm water see's in Urban
Growth Boundary
Status report on basement remodeling project
158
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c.
D.
E.
Hermanson Neighborhood Watch Group concerns
Parr Road preliminary engineering UD issues
(ten minute staff presentation)
15D
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Page 3 - Council Agenda. October 14. 1996,
COUNCn. MKKTING MINUTES
October 28. 1996
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BF..ADING
00Ql DATE. COUNCIL CHAMBERS, crrY BALL, CITY OF WOODBURN,
COUNTY OF MARION, SlATE OF OREGON, OCTOBER 28, 1996.
~NVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey
presiding.
}lOLL CALL.
Mayor
CouDcilor
CouDcilor
Councilor
Councilor
Councilor
Councilor
Kirksey
Cbadwick
FJgley
Bageoauer
Jeoni11v
Pugh
Sifueutez
Present
P1aaIt
Present
Present
Placot
P1acDt
PIescDt
Staff PIeseDt:
City MminiJd.latol' Qilds, City AttDmt:Y SJWoldst Public Works DiR:ctor Tiwari.
CoJmmJJtifJ ~ DiR:ctor ~iU, FmaDCe DiR:ctor Gillespie, Park &
ReaeIDon Dh~ Bolly, Police Lt. Bub-nk. Library Dii=or Sprauer, Public Wodcs
Manager Robman. City Recorder TeIJM11f
mll ~lTFS.
JENNINGS/SIFUENTBZ.... appnm the Couucil regular aDd ~ session mmnt~
of October 14, 1996 aDd the special ~:~'1 JIIfnmH of October IS, 1996; aDdlCCCPt
the ~nni.. Oo-nmiaion ptmntl"Jl Of October 10, 1996.
CooDcllor Paah smte4 that be bad subm~ to ~ Teo-umt a coo:ection to the
October IS, 1996 pftmtf!A wbich provides a ~~ of his cc-....~ on Site Plan
Review 19S-~ (BsperaDZI Court) (see 1UJl"bNl).
The motion paucc1 UP"'~ with the COI"ldon.
mMl . ANNOTlNI'TMRNTS.
A) A Special CouDCil Meeting will be held on October 29, 1996, 7:00 p.m., City Hall,
if CouDCil Bm 1755 docs not pass at 1bis g,etiqg (Site Plan Review 195-26, Bsperanza
Court)
B) A Special Council workshop will be held on November 4, 1996, 7:00 p.m., at City
Hall, This is a joint workshop of the CouDcil. PJ,nnitlg CommiMion, Recreation & Park
Board, Library Board. and Budget Committee,
C) The next regular Council Meeting will be held on TuesdaY. November 12, 1996,
7:00 p.m.. since Monday, November 11th. falls on VeteranS Day Holiday.
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COUNcn.. MEK'dNG MINUTES
()ctober 28, 1996
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D) Office closmes for November are as follows:
City Hall -
NoVember 11, 1996 - Veta'aDS Day
November 28 &: 29, 1996 - TbaDksgiving Holiday
MOtUV -' .
Novcmbea" 9, 1996 - Veta:aDS Day observanCe
November 28 &: 29, 1996 - TbaDksgiviDg Holiday
November 27th (close at 6:00 p.m.)
E) The 1996 League of 0rcg0D. Cities JIInnn,l conference will be bdd November 15-17.
1996 in Portland.
gon ~MMUNlCA'nONS. .
Mayor Kitbcy stated that she bad recciwd a letter tq81diDg a sign on CJacPmH Citde
which sbe has alIeady forwudcd to Public Wodcs for tbem to take care of. .
Mayor Kitbcy stated that she bad aJso rcccivcd a tckphooe call from Mrs. Laey who
lives aloDg N. Prom Street ~ dIat tbc City iDstaI1 wNo PaddDg. sips OIl both
sides of Front Stftd. N1JIIJIel"OUI CIl'S ~ bebJg pl'kM along N. Front Street oear
StoodIedge Apes. due to ~ ~g spaces in the complex based on tbc number
of people living in the apa11IDCIItIlDd, in IOIl1C cases. people are sleeping in tbcir cars
which uJtimatP.ty aeates a gtiB1JOl! in tbc neigbbod1ood.
AMy Ncilton, 432 N pICific Bwy. (~ Car Wash), ItD:ld that his wuteWU:r bUl
fromtbc~_~_~~~_~ahis~~
operatioDs in LebaDoP aDd AJbaDy.' Year to date (1 JIIOI'IhA), be has paid $1,828.90 to
J..ebaDoD, $1,442.74 to AlbaDy, aDd SS,504.86 to Woodburn- He ~ CouDcil
assi..~ in rc-eva1uatiDg tbc fee structure, otherwise, be may be foo:ed to go out of
~.
CouDcilor Pugh. stated that be would Iitc to have a copy of the information prepared by
Mr. Neilton to review.
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~~Z:~~~TRE~OPTRR
N AND APPROVING SJTE PLAN
COUR.n.
Mayo< Khboy IIliqlpOd _ rn: die beach .;;;-ti. __ siD:e she has pre"IiousIy
declared a conflict of iokftSt,
Council PresideJ1t JeJ11rings took tbe cbair and resumed the meetiiag,
Council BUl 1755 was introduced by Councilor HageDauer. He also stated that he bad
reviewed the documents. entered into the record and he had viewed the video tape of the
October 15, 1996 Special Council meeting.
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COUNCIL MEKflNG MINUfES
Qctober 28, 1996
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Recorder Tennant read the two read'flgS of the bill by title only since there were no
objections from the CouDcil.
CouDcilor Pugh stated that be would absV'in from votiDg based on the reasons given at
the ()ctober'15th meed~.
On roU call vote for final passage, tbe vote was 4-1-1 with Councilor Chadwick voting
nay and c.-cilor Pugh IIhslaming. SiJlI:e die Couocil JIiIl did DOl rccme \IIlPftlmOOS
opprow1 011 die dall:: of \DlIOIIIM:IiOIl it win be broUgIIt boCk to die Couocil at dIeir
Special Council meeting on Tuesday, ()ctober 29, 1996, at 7:00 p,m,.
Mayor KirkseY ~ bet position on the beDCh aud c:onrimvod to preside over the
meeting.
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Councilor Bagenauer ~ CouDcil Bm 1756. The twO ~ti1lgS of the bm were
read by tide only since da'e were no objections from tbe Council. On IOU caJl vote for
final pust'F. tbe bU1 pard UPImmously. Mayor K.hbeY cJec1ared Council Bm 1756
duly ~ with the cmerpcy cJause. .
g== ~':' _ OBDllUNCE ADOvnNG ~W'I C.oVRIIf'IING
__--.- __ THE cn'Y COl11l1ltn~.
Council Bm 1751 was ~ by Comdlor BageDa1J<<. B&:c:ordcr TeDDJnt reId the
twO tclMJiqp of the bU1 by tide only siDcc tIa'e were no objections from the ~.
On roU can vote for final pusage.. the bDl passed u~nimoasly. Mayor Khbe1 dedated
Council BUt 17S7 duly pasrd with tbe emcrgeocy cJause.
COUNCIL Bn~L 1758 _ ORDINANCE ~ AN ADDmONAL MoroR
P-M.R 1lI1R1.. TAX.
Council Bm 17S8 was iJIIIoduced by Comdlor BageDa1J<<. BtJcordet Teomnt RId tbe
two readi11gs of tbe bUl by title only siDce there were no objections from the Cooncll,
Councilor FJg1ey stated that. in her opinion. there is a need for general public comment
on this issue before the orditwnce is voted upon.
Mayor KirbCY stated that she is williDg to bear public c~ versus a formal public
bearing which will still provide the Cowd with input from tile public on this subject.
CouDcilor Pugh ClIlll~ his ..,..:em _die public does DOl rccme .w<opriaIe notice
of what is being COJ)Sidel'ed by the Council and suggested that the agenda be pJaced in
the local newspaper to alert the public of issueS pm'itlg before the Cooncll.
Mike Sims, Oregon Gasoline Dealers Assoc. AdministratOr, read his letter into the
record which opposes the City's attemPt to increase the city gas tax from 1 cent to 3
cents without taking the issue to a vote of the people. The Association is also working
Page 3 _ Council Meeting Minutes, October 28, 1996
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COUNCIL MEKHNG MINUfES
October 28. 1996
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towards state legistation that would ban a1110cal gas taXeS and is proposing an additional
5 cents per gallon (or less) to be levied state-widc to be earmarked for local road
improvements, In the eveiJt the City pursues the gas tax. they wU1 take necessary action
to Ider the issue to the voterS and work towuds i1S defeat.
David SbaDnOD. AttDrDeY for Dale Baker. statal that be bad not seen the proposal until
today. tbeIefore. be bas not bad an opportunitY to thoroughly review the bill. He stated
tbat there is strong ~ bc:t\1VCCn the local dealers and an additional 2 cents per
gallon taX will put stations in jcopudy. He briefly CC"1tnP.nted on the limited number of
cities and counties that cum:ntly have a gas taX in effect and. to his knowledge. there is
110 appeUatc case that would support the City's ordinaDcC. In his opinion. the issue
should go befole the voterS as it was doDc in 1989.
0814 Jerry Halter, teprosamng Ba1ter on Co.. supported the COO'nv-.nts made by Mr. Sims
and Mr. SbamJOD. and be requested that the Council give the public an opportunitY to
have a public bearing on this issue. .
Councilor Figley ~ bcr coucern regarding lack of notice to station owners who
are most dim:dy ~ by this p-oposed gas taX iDcreaSC and to give station owners
and local ci.j~lC an URMIdnity 10 ~ on this issue.
Council<< Jertnft1gs c:oocuned widl Councilor Figley on the issue of (mMding adequate
tUne for ~ He SC*ld that at the CouDcil wo(D=hop. discussioo. was bdd
regarding fu-'iqg for street impl<w~ and the gas &ax has been talbd about even
within the Trauspodation Plan. 1.be dealen have brought up an ~tP- ilmding source
SUlte-wicJe but to date 110 CJtber way has bceD approved by the ... to fund these much
ocedcd bupro~' He l.'e"'itWod the CouDcil that the staff had been ~ to
bring back an ordinaDcC to the CooDcil for cousicJcntion and the Council can ute
wbateVCl' action 1bey c~ OIl this issue.
Mayor J{"~ stated that she had made the dedsioo to just put it on the aga1da rather
than a public bearing, She ~ that the gas taX is a user fee and if you use the city
streets. 1heD you help to pay for the cost of RPIirI mJlor upgrades.
Councilor QIa4wick ~ ~ regarding the ~ price of gas in toWn when
you see the price of gas in CaDby beiDg $.10 per gallon less than Woodbm1L
Council<< Pugh stated that the City oceds dccaIl streeCS and the fuDds in which to make
tboSe ~. He~ that the CouDcil may waut to broaden the scope on
this issue such IS tax on oU. tires. de..
JENNINGSfFIGLBY.... table this issUe to the next regular CouDCil meeting. The
motion passM unanimoUSly.
It was noted that public comment will be taken at that meeting and the Council
encouraged individuals to come forth with creative ideas to address the funding issue.
Page 4 _ Council Meeting MinuteS. ()ctober 28. 1996
COUNCIL MEKI1NG MINUTES
October 28, 1996
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lffiADING
~ ~'iN~ - RESOLlmON AUl1IOIlIZlNG A MEMORANDUM OF
WAR - wITH THE ~A1'E ECOt:fOMIC J)1lVI!.I.o~
JJ _~'IMI'l<< TO COMPLETE TAR WOODLAND AVENUE .
IMPROVRMRNTS.
Council Bill 1759 was introduced by CouDcUor Hagcnaucr. The bill was read by title
only since there were no objections from the CouDcU, On roll call vote for final
passage. the blll passed unanimously. Mayor Kirksey dec1ared Couucil Bill 1759 duly
passed,
UH DOUOR Ul'Y.NSK TRANSFER OF OWNERSHIP - SENIOR ESTATES GOLF &
C01JNTR.Y CLUB RIi'.STAURANT.
A traDSfer of owuenbip Iicease was submittm by Ricbard & Teresa lUdderbuscl1aDd the
Senior Esates Golf & Country aub Inc.. 01ief Wright recan'ftVIl.IIItM that a positive
eudol'SCJlllel'f: be given on this liquor IiceDse request. .
JBNNINGSIFIGLBY.... RM)Jnnvond to OLCC a positive eudorscmeDt of the liquor
Iiceose tnDSfer as per the rcconllW".lVf-tion of the Police CUef. The motion passed
unanimously.
.1233. pm AWARD - MOBB.R POUCK RRJiWONSE UNrl' rrRAB .RIll.
Bids were tecei'ved from the foUowiDg wodors for tile tak unit: Trailer World.
$20,306.55; aDd American Value RV Service, $24,000.00. Staff~ the
acccptJ~ of tile low bid from Ttail<< World less the price of a gaaator which was not
requested in the bid speci1ications.
Lt. Eo'-. bridly described the ttailc:r UDit which will be primatily used for lapODding
to major crime sceoe8. It will also be used within ~ as a INnned office
location in coojuD::tion wid1 the City's C"b...~nlnity poIiciDg ptoggm.
JBNNINGSlFlGIBY..., accept the low bid from 1'DBc:a' Wodd in the amount of
$17,206.55 for a Mobile Police RcspoDsc Unit. The motion passed 11nSI1'Iimnusly.
ma J'.NG1N'IlRRING RRPORT - DOWNTOWN AT J'.'RV IMPRnvRMKNT PROJECl'.
Within the ~nNAing report, DiMctor TlWIli. G.-JinP.d the procca invohed wid1 a
LocalImpro\'aDeDt District, The report provided options of mataiaIs to be used to
make tile DCUSSUY stIeet and storm water improvemerdS alODg widl a list of property
OWDCl'S aDd proposed costs to each property benefitted by 1his i.oJpmvaDent.
JBNNINGSlFlGLEY,.. accept the engj1VUiDg report aDd direct sIaff to prepare
Resolution of Intent to improve the downtoWn alley. The motion passed unanimously,
1317 NEW BUSINFSS ITEM - REOuFsr FOR "NO PARKING" ON FRONT STREET.
Director T1W&ri stated that staff bas not bad an opportuDity to analyze the request as of
this date but his staff will research the issue aDd bring back a recommendation if the
CouncU would like additional information on this issue.
Page 5 - Council Meeting Minutes, October 28, 1996
COUNCIL MEETING MINUfES
October 28. 1996
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Councilor Figley stated that she would like staff to research this issue to see if it is a
neighboIfl?OO wide problem.
Councilor Pugh would like additional 2S MPH signs on Woodland Avenue to remind
motorists to slow down in this residential neighbothood,
1311 SITE PLAN REV1EW #96-14 - SlLVEBCREST WESTERN HOMES
CORPORATION.
1bc PJtlnniqg Commission approved, with conditions. the expansion of storage facilities
as detailed on the site plan. No action was taken by the Council.
13M ~AFF RRPORTS.
A) Rural~ Fund Award - The City was awarded a grant in the amount of
$34.940 for the Woodburn J)owotowD DevdopmeDt Plan project. The City and WDA
wm meet with the Mid-w;1hftVl!tte Valley Council of Govelnn~ staff to leView the
grant with fiDal approval to be given by WDA (Woodburn Downtown Association) and
dJc City Council at a futme date,
B) WasteWater Plant ExpaDsion ~DesigDlNew Temperatl111:. Issue -The staff lqlOlt
provided the CouDcil with updated iDfODDltion on the smms of this project. DEQ bas
J<<CDtly esCablisbed a tanpenture *""M'Cl for discJuarge to the POOdiqg RM:r which
now needs to be addressed in the pre-design phase.
C) ~1 WasteW*l' BiUiDg IDformatioD - Director Tiwari ~1ntW the public
tbat wma- usqe dmiDg the JD()ftfM.of November through Pebmuy will defPnnft.the
D10Dthly bi11iDg dIIrF for each customer.for the period of Matd11997 dJrough March
1998. Jnformatioa js being seat with each utility bm to 1aDiDd custoJDl'!ft that ava:age
water usage for 3 out 4 months will be used to ddermiDe each customel'.s moad1ly
wasteWater rate and adjustDIents will be made when 1eab are 'promptly repaired mJlor
tbere is a reduction in the water use pattern for 3 CODSeCUtive DlODIhs after the wimer
average bas been ca1cu1ate<J,
~ ADUlNLcn'RATOR'S REPORT.
AdministratOr 0Jilds stated that the City bas received some coocepcual ideas from the
WDA on the Downtown Development Plan which shows that a positive woddDg
relationship exists between the COy and WDA.
1494 MAYOR AND COUNCIL RRPORTS.
Councilor Figley smu:d that she bad received a compliment from a local resident on the
City's leaf pick-up program and she expressed her thanks to the Public Wotb staff for
the convn113tion of this program.
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COUNCIL MEKTlNG MINUfES
October 28. 1996
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Councilor Jennings stated that be received a letteI' from the Senior Estates Golf &
Country Club questioning when the COy would be ~11i1lg the stop signs on Country
Club Road and Rainier Rd. where die COy said they would p~ them. .
Director Tiwari stated that there were CODditioos placed by the P12nning Commission and
Council which related to die developmellt of the property cast of Senior Estates and
north of Country Club Road. As chis dcvelopmeut takes place. the signs will be
installed. He will review the situation and. if ~riate. direct his staff to install the
signs at the desirted locations.
Councilor Sifuel1te7- requested, for gaaa1 information to the al]d~, a brief update as
to the status of CouDcil BiJl17SS (BsperaDza Court Site Plan Review).
Mayor KittJey stated that an ord~ ~ a llmlnimnus vote of the ~ in
order to pass at the first ~i. it is imroduccd. SiDcC tbe bill did DOt R:CCive a
uD1'nimous vote, it will be read at tbe 0ct0beI' 29th special meHiqg. The bill will QDly
ueed a majority vote of the CouD:il at 1bis weeting in order to pass. She also lft1\inded
the CouDcil that Council Presideot JMtnn.gs will pn:side at the special meeting SD:e she
bas declared a cooflict of iota'est.
Councilor S~ proceeded to Slm111UIrizc tbe Mayor's ~ in the Spanish
JaDguage for d10se iDdividuals in the aud~ who do DOt speak EDgUsh.
In regards to the Esperama Court ~ Mayor IC~ staUd that &be bas Dever
been against farmWOlka." housiDg, in fact. she had wtittm a leUa' to tbe DepartmcIIt of
Justice several years IgO eooouragbJg the ~ of Neuvo }.m.1VlN'!r wbich also
~~the~~~tbepropertytomoc.In~~the~bas
~ a lad for that property and it is tbe best p1acc for a Com,.nln~ Ceutcr
that wiU provide programs to keep OUr children out of gangs and there are better places
within this OO-I'lIII'..nity to coostruct JDU1tip1e bousiDg unD.
~ ADJOTTRNMRNT.
JBNNINGSlPUGH... ~ be adjoumed. The motion passed l1mlnimtJUSly.
The meeti11g adjoutned at 7:58 p.m..
APPROVED
NANCY A. KIRKSEY, MAYOR
ATIEST
Mary Tennant, Recorder
Ci1)t of Woodburn, Oregon
Page 7 - Council Meeting Minutes. October 28. 1996
COUNCIL WORKSHOP MEETING MINUTES
October 21, 1996
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0QQl DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, OCTOBER 21, 1996.
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~ CONVENED. The Council met in a workshop session at 7: 19 p.m. with Mayor
Kirksey presiding to review the Management/Non-Union Compensation study conducted
by PC Northwest, Inc..
ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Kirksey
Chadwick
Figley
Hagenauer.
Jennings
Pugh
Sifuentez
Present
Present
Present
Present
Absent
Absent
Present (8:40 pm)
Staff Present:
City Adrniniqrator Childs, Public Works Director Tiwari, Water Supt, Schooler, Street
Supt. Van Valkenberg, Wastewater Supt. Sinclair, City Recorder Tennant
Also Present: PC Northwest Consultants Judy Clark (President) and Pam Harbeck
0025 Administrator Childs introduced the Consultants and summarized the scope of work
detailed in the Request for Proposal and subsequently performed by the consultants. He
stated that the study results do not include a recommendation on his salary but the
consultants did make comments in their report on how other cities pay Administrators.
0111 Judy Clark thoroughly reviewed the scope of the work performed to obtain the final
study results. She stated that the employees were extremely helpful and cooperative in
providing the information necessary to formulate new job classifications and to match job
duties with classifications in other jurisdictions for the purpose of obtaining accurate pay
information.
Phase I of this project involved the redrafting of 25 classification specifications. Phase
IT involved the salarylbenefit survey from which they looked at intema1lexternal
comparables, geography, size, where the City recruits employees from and where the
City loses employees to. The initial list of comparables identified 15 com parables of
which 3 of those agencies elected not to participate in this study. Once those two phases
were completed, they were able to review the overall picture and develop a proposed pay
structure.
In regards to the Administrator's salary, Ms. Clark stated that the amount is usually set
Page 1 - Council Workshop Meeting Minutes, October 21, 1996
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October 21, ~996
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by the governing body and it is not in a specific range or pay structure.
Ms. Clark stated that t:hey had used a weighted average of data o~tained to develop the
pay stmcture listing 16 pay ranges of which 3 pay ranges have no positions assigned at
this time. An attachment to the report provided the list of positions along with the
recommended pay range. It was noted that there were no matches to the RSVP Manager
position, therefore, it was assigned to a pay grade based on internal comparables to other
City positions. Overall, it was noted that the City is under market in base pay and
approximately 50% of the positions should be considered for an increase in base pay of
5 % or more. In regards to benefits, Ms, Clark reviewed the results of the benefits
survey which included certification pay for Police and Public Works, longevity pay, paid
vacationlsicklholiday leave, insurance, retirement, deferred compensation, and life
insurance. It was noted that the City is comparable to other jurisdictions in the area of
benefits .
Ms, Clark reviewed Phase ill of the study which provided the following pay structure
options: 1) Step System (6 steps, 5% between steps); 2) MinimumlMaximum Merit Pay
stnJcture (open range system); and 3) CompetencylMerit structure (entry level, 3 steps,
then merit range), She also discussed other compensation issues addressed in the study
that relate specifically to the non-union secretarial positions, compression between Police
Sergeant and Officer, and Police Sergeant and Police Lieutenant,
0983 Lengthy discussion was held on the CompeteocylMerit pay structure, Ms. Clark stated
that this structure will help to differentiate between an employee doing a fine job versus
an employee doing an excellent job, A more comprehensive performance evaluation
system is necessary to keep the Competeocy !Merit structure fair and effective, Several
Councilors expressed their desire to implement a Competency!Merit structure to insure
that employees are being paid based on their job performance rather than solely on
longevity .
Mayor Kirksey stated that, even if Ballot Measure 47 does pass, there is still a need to
compensate employees fairly in order to not lose those employees who will be asked to
do more with less staff members. Several Councilors agreed with the comment made by
Mayor Kirksey.
Brief discussion was also held on the current compensation policy which requires
Council approval of pay increases for Executive Management employees. It was the
consensus of the Councilors present that having a CompetencylMerit structure would
eliminate the need for their approval on specific pay each time an Executive
Management staff member is eligible for an increase. As stated previously, the City
Admini~trator would not be on this pay structure, therefore, the Council would still
annually review and set the salary for the Administrator.
Page 2 - Council Workshop Meeting Minutes, October 21, 1996
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October 21, 1996
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2005 The documentation outlining the results of the study were distributed to the Council. A
lengthy discussion contimJed on the information contained in the report relating to the
internal hierarchy of positions, splitting of the Recreation Coordinator position into two
positions (Recreation Coord. I and Recreation Coord. m, methodology to determine
minimum/maximum range level, the CompetencylMerit pay stIucture, and
implementation of a new pay structure. Admini~tor Childs stated that any changes the
Council would like to make can be accomplished within the current budget.
Tape 2
0447 It was the consensus of the Council to proceed with implementing a CompetencylMerit
pay structure. that the Administrator bring back a proposal on placement of individual
salaries within the schedule, and to proceed with developing performance measurement
standards for use with the new pay structure.
0475 The meeting concluded at approximately 9:00 p.m..
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
APPROVED
NANCY A. KIRKSEY, MAYOR
Page 3 - Council Workshop Meeting Minutes, October 21, 1996
COUNCn.. WORKSHOP MEETING MINUTES
November 4, 1996
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QQQl DATE. COUNCn.. CHAMBERS, CITY BALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, NOVEMBER 4, 1996.
3A
0003 CONVENED. The Council met in a workshop session at 7:00 p.m. with Mayor
Kirksey presiding to review Council goals and to solicit input from other
CommissionlCommitteelBoard members as to future goals and funding.
ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Kirksey
Chadwick
Figley
Hagenauer
Jennings
Pugh
Sifuentez
Present
Absent
Present
Absent
Present
Present
Present
Staff Present:
City Administrator Childs, Community Developmeot Director Goeckritz, Finance
Director Gillespie, Public Works Director, Assist8nt Planner Engledinger, Assistant
Planner Tejeda, Park Director Holly, Library Director Sprauer. City Recorder Tennant
Planning Commiuion members present: Mary Schultz, Lillian Warzynski, JoAnn
Bjelland
Library Board member present: Phyllis Bauer
Park Board member present: Frank Anderson
Budget Committee members present: Barbara Lucas. Broce Thomas
Cbamber of Commerce representative present: Jane Kanz, Executive Director
0044 Mayor Kirksey welcomed the participants to this workshop which was called for the
purpose of receiving input from otber City boards, committees, and Planning
Commission on the Council's goals and future direction the Council and/or staff should
consider in proceeding with these and/or new goals along with fuJlding of these goals for
1997-98.
0080 Administrator referred to a memo attached to the agenda which was provided to the
Budget Committee in March 1996. The memo addressed Council goals which were
developed for a two-year period beginning fiscal year 1995-96. He briefly summarized
the status of each of the following goals.
Water Master Plan -- consulting work is nearing completion and an Open House is
scheduled for December 5th to receive public input on the Plan.
Wastewater - facilities plan has been adopted and pre-design work is being done by an
Page 1 - Council Workshop Meeting Minutes, November 4, 1996
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outside consulting fmn. Bonds have not been sold to date since the City had obtained a
low interest loan from DEQ in the amount of $400,000 to fund a portion of the pre-
design work. .'
Parks Master Plan -- A Request for Proposal has been drafted and it will be advertised
in the near future. Funds have been allocated within the current budget to pay for this
consulting work.
Centennial Park Project - Plans are to accomplish Phase I of this project during this
fIscal year. With the constIUction of the new school adjacent to Centennial Park, certain
improvements to the Park will be made in conjunction with the school project.
Community Center - This project was not included as part of the 1995-96 Council
goals, however, it is now an issue that is being discussed and a committee has been
formed to work on this project.
Transportation Issues - 1) Steps have been taken towards the formation of a Local
Improvement District to improve the downtown alley north of Hayes Street. The
Council is also in the process of considering an additional 2 cents per gallon gas tax to
help fund road improvements; 2) City is working with the County and State
Transportation Dept. to present a group effort before the legislature to get their backing
for the construction of a 2nd 1-5 interchange; and 3) the Transportation Plan has been
adopted and implementation has begun.
Downtown - Exploring options to enhance the vitality of the downtown area was the
main objective of this goal. A grant award of approximately $35,000 was recently
awarded to the City and WDA to develop a Downtown Development Plan. It was also
noted that the WDA has hired a part-time ~nager to work with downtown businesses in
order to keep the downtown core area vital within our community,
Liveability - 1) Develop opportunities and strategies for bea.Jtification which would
include an "Adopt a Street" prograln for picking up litter in neighborhoods and
recognizing those individuals or groups who participate in that type of program; 2)
maintain quality, safety and cleanlinP-U of neighborhoods by vigorous enfon:ement of
City ordinances; and 3) promote neighborhood watch programs throughout the City.
Public Involvement - 1) the Human Rights Commission will again be meeting later this
month and the Council will be extending the ordinaD:e for another year; and 2) the
Council developed policies and procedures for all boards and committees about a year
ago.
Personnel - This goal involved the formulation of an employee recognition program by
and from the Council, however, no formal program has been established to date.
Admini~tor Childs stated that the Council continues to be very supportive of city
employees.
Administrator Childs stated that the Council will probably be setting another goal setting
session in late winter or early spring to update their goals for the next two years. He
also informed the group that this is the first year the City has been out of compression
since the Ballot Measure 5 was passed. The City now has the oppornmity to levy
Page 2 - Council Workshop Meeting Minutes, November 4, 1996
COUNCIL WORKSHOP MEETING MINUTES
November 4, 1996
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additional Library and Parks and Recreation property taxes under their continuing levy
authority if the Budget Committee so desires to levy additional taxes.
Mayor Kirksey femmded the group that Ballot Measure 47 is now before us which may
severely impact the City's operations.
Administrator Childs stated that if Ballot Measure 47 does pass, the State Revenue
Department has projected an estimated $700,000 loss in property taxes to the City which
equates to 20% of the total taxes levied by the City. If this occurs, the City will be
losing a lot after stnlggling back since the loss of property taxes in 1991.
0773 Mayor Kirksey invited each participant to convey their thoughts on the goals brought
forth and/or on any other issue they wanted to bring before the Council.
Frank Anderson, Park & Recreation Board, stated that participation in recreation
programs conrim~ to grow and the Board would like to see additional programs
targeted toward middle and high school students, They have had good success with
older adult programs and they would also like to see participation in this area increase.
The Park Department is on the edge of completing Phase I of Centennial Park and they
hope to have Phase IT and ill done much sooner than what it has taken to complete
Phase I. Additionally, the aquatic center provides recreational activities to all age
groups within our community and the surrounding area.
Nevin Holly, Park Director, stated that the Board would also like to see more Capital
Funds made available whether it be for upgrading current park facilities or building a
new Community Center. Recreational opportunities need to be available to children
since keeping them involved in activities is considered as a method of crime prevention
and it deters children from gang association.
Councilor Jennings stated that if Ballot Measure 47 does pass, he hoped that another
joint workshop with the boards and commission would be held to re-evaluate the
situation therefore giving staff some direction when preparing their anmlal budget. He
briefly brought up his desire to have staff explain more thoroughly to the Budget
Committee interfund transfers. He commented on the positive attitude displayed by the
Budget Committee last year during the hearings process. He also suggested that
neighborhood parking permits be researched for the purpose of making more spaces
available to individuals who live in a limited parking area.
1108 Broce Thomas, Budget Committee, suggested that an anmJal workshop be held to follow-
up on the Council's goals which also gives the participants a better understanding of
what is going on in the City.
Councilor Pugh suggested that a procedural review be conducted to better understand
how costs are allocated to various budgetary funds, and, if Ballot Measure 47 does pass,
the City needs to regroup to set goals and then more forward.
Councilor Figley stated that she was glad to have the goals discussed. In her opinion,
Centennial Park is a top priority and the wastewater upgrade is progressing. In regards
to upcoming budget sessions, passage of Ballot Measure 47 will present some challenges
in our next budget year. The Council has also been asked by the Chamber to change
Page 3 - Council Workshop Meeting Minutes, November 4, 1996
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November 4, 1996
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their philosophy on how and/or how much the Chamber is paid from hotel/motel taxes.
She also stated that revitali7J11tion of the downtown area will take capital investment and
this topic will need to be discussed with the consultant for the Downtown Development
Plan.
1296 Linda Sprauer, library Director, stated that the library will survive if Ballot Measure
47 does pass, however, the current service level will be reduced. Currently, the Library
has ~y service, however, they would like to expand the service and be open to serve
their patrons more hours each week. The Library is staff intensive and more hours
mean more personnel costs. Goals of the Library Board include upgrading technology
and upgrading the facility.
1406 Phyllis Bauer, library Board, agreed with the comments made by Director Sprauer and
stated that she is impressed with the high caliber of individuals lead jog our City.
Councilor Sifuentez stated that if more funds were available, she would advocate an
investment in recreational programs for youth, She also felt that, as a group, contimed
meetings are necessary to realize the goals for our community.
Lillian Warzynski, planning Commission. stated that the downtown area and downtown
streets are on her priority list. These issues have been overlooked for too long and the
City needs to pursue these goals. . The Downtown Development Plan grant will be a
starting point for revita1i7.,tion of the downtown core. She suggested that consideration
be given to a "Town Square" concept and we need to look for investors to achieve this
goal.
JoAnn Bjelland, planning Commiuion. agreed that the youth are very important within
our community and they need someplace to go that is safe, In regards to the downtown
core area, the City now bas a window of opportunity available to them and we need to
take action to fulfill this goal. The City should also look to the future and secure the
property just east of the City Hall parking lot before any building commences on that
site, In regards to liveability, she expressed concern with the Council's lack of ability to
assist the Marshall Street neighborhood watch group in evicting residents from their
neighborhood who continue to violate the law. She feels that a joint meeting of
neighborhood watch captains should occur periodically to keep the neighborhood groups
updated on wbat is going on in the community since often times the removal of an
individual from one neighborhood results in that individual moving into another
neighborhood in town.
Mary Schultz, Planning Commission. suggested that the City pursue the acquisition of
land as it becomes available in the area surrounding the existing City buildings.
Additionally, she is glad to see that the Water Master Plan is now being formulated and
she would also like to see those unincorporated pockets of land be brought into the City.
1783 Jane Kanz, Chamber Executive Director, stated that the Chamber has recently sent a
proposal to the Council regarding the hotel/motel tax. The Chamber is proposing that
the City continue to contribute 10% of the tax collected and drop the maximum
contribution as so provided for in the ordinance. Liveability is a goal the Chamber is
interested in helping to promote. In addition to using a portion of their net proceeds
Page 4 - Council Workshop Meeting Minutes, November 4, 1996
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November 4, 1996
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from the annual auction, they are interested in uti1i7.ing hotel/motel tax funds in starting
a fund for "Welcome to Woodburn" signs and they would encourage other local
organizations or individuals to contribute to the project. She briefly outlined other
projects which the Chamber is interested in that would be funded through the hoteVmotel
tax funds. She reminded the group that the Chamber Auction will be held on Friday,
November 15th, at the Woodburn Fire District building.
2090 Barbara Lucas, Budget Committee, brought the following issues before the group:
1) the gas tax proceeds be used for resurfacing existing city streets;
2) update the Comprehensive Plan to be in agreement with the Zoning Ord; and
3) the planning fees be paid by developers rather than the subsidized by the taxpayers.
Discussion was held on the planning fee issue with some individuals expressing .their
opinions that development fees are already to high in comparison with other surrounding
communities while other individuals felt that fees should be raised to offset some of the
planning costs incurred by the City. Some discussion was also held regarding the level
of general fund support for planning.
Administrator Childs stated that he has found this to be a productive workshop since he
can take the information, sort it out, and come up with a balance that will be reflected in
the upcoming city budget.
Public Works Director Tiwari commented on some of the issues brought up at this
meeting and reminded the group that the basics must be in place in order to achieve their
goals. Goal setting sessions provide the staff with the necessary guidance on the
direction the Council wishes to proceed. He also reassured the group that city gas tax is
only spent on city streets and not in.the unincorporated areas of town,
Tape 2
0027 Mayor Kirksey stated that the City still needs to focus on a vision for the future. City
ballot measure 24-80 will provide the Council with some direction regarding acquisition
of property. She is very interested in the outcome of a committee report on a yard
debris recycling program. She also suggested that a joint workshop with the boards,
committees, and commiAAion be scheduled 3 times each year beginning in January for
about an hour before a regular Council meeting to continue this type of
Council/community interaction.
Councilor Jennings stated that he has bad continued contact with members of the
Marshall Street neighborhood watch group. He also suggested that the Council pursue
the acquisition of land at the comer of Front St. and Cleveland Street.
loAnn Bjelland reiterated that the City needs to plan for the future even if it takes more
than one try. She also suggested that Councilor Jennings contact the Neighborhood
Watch Captain to update her on the status of their situation.
Page 5 - Council Workshop Meeting Minutes, November 4, 1996
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November 4, 1996
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Broce Thomas stated that city taxpayers have responded to the needs of the community
through passage of tax base, aquatic center, and new schools. If Ballot Measure 47 does
not pass this year, we will be faced with a similar tax issue in another two years. He .
reminrled the group that goals are important for focusing on the future liveability within
our community.
362 Phyllis Bauer stated that one drawback the City faces is the limited access of motorists
into town. Councilor Jennings stated that the City is waiting for the County to complete
their Transportation Plan so that we can work together to lobby for a 2nd 1-5
interchange, however, it may be another two years before the County completes their
Plan.
0485 Some additional discussion was held regarding interfund transfers and it was decided to
hold a separate meeting to address accounting practices versus budget format.
0550 ADJOTTRNMRNT.
Mayor Kirksey called the workshop to a close at 8:54 p.m..
APPROVED
NANCY A. KIRKSEY, MAYOR
ATIEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 6 - Council Workshop Meeting Minutes, November 4, 1996
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DATE:
ROLL CALL:
October 23, 1996
Willy Baldwin
Phyllis Bauer
Dorothy Jaeger
- Present
- Excused
- Present
Gloria Predeek - Present
Jean Weatherill - Present
STAFF PRESENT: Linda Sprauer, Director
Judy Coreson, Secretary
GUESTS:. None
CALL TO ORDER: President Gloria Predeek called the meeting to order at 12 Noon.
SECRETARY'S
REPORT:
The monthly Board minutes of August 28, 1996 were approved as
submitted. The September monthly meeting was not held.
DIRECTOR'S
REPORT:
Monthly Statistics: The monthly statistics were self-explanatory. Two
-people counters" will be installed at the east and west entrances of the
library. Statistics from the counters will be kept on a daily basis.
Sunday hour statistics were distributed to the Board.
Activities: A list of activities was distributed to the Board. The first
session of -Let's Talk About It: Exploring the West...Whose West?- is
-Angle of Repose- by Wallace Stegner and will be presented by Marvin
Henberg, a scholar from Linfield College. The series of five sessions
will be held at 7 P.M. in the City Council Chambers at City Hall. This
series is made possible by a special grant from the American Library
Association and the National Endowment for the Humanities.
The Friends of the Library Book Sale will be Friday, October 25 from
10 AM. to 5 P,M, and Saturday, October 26 from 10 A.M. to 3 P.M. in
the Carnegie and Multi-Purpose Rooms.
The Library will be closed for the following holidays in November:
Veterans Day - Saturday, Sunday, and Monday, November 9, 10, & 11;
Thanksgiving day - Thursday and Friday, November 28 & 29. The
1
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library will close at 6 P.M. Wednesday. the day before Thanksgiving
Day.
Staff News: Next week interviews will be held for the Page position
vacated by Sharon Schmidt.
OLD BUSINESS: Library Park Improvements: One tree has been removed that was too
close to the building and has caused problems with th~ roof leaking.
Limbs of other trees haye been trimmed. Another redwood tree with the
broken top will be removed. All of this is being done for the preparation
of the installation of the underground sprinkler system the first or second
weekend of Noyember.
Reader Board: Three estimates for the reader board have been
received with Salem Sign Company's bid the lowest at $2,370.00, not
installed. The cost of the reader board will be paid by the Kiwanis
donation of $1,000.00 and $1,370.00 from the Library Endowment
Fund. John Pit. Maintenance Superintendent, and his crew will be able
to install the reader board with the Library paying for the supplies. They
have already laid the electrical line, and hopefully, will install the reader
board this winter.
Technology Update and Internet OPEN, the Oregon Public Electronic
Network, was funded by a Federal grant through the Salem Public
Library and the Salem Data Center. T'Ml Internet tenninals and two
printers ware provided to the library by this grant Ten phone lines are
also available for subsaibers with a local number to avoid long distance
charges. Patrons can pay $60 per year to OPEN to subscribe to the
Internet and will receive an address to send and receive E-mail. E-mail
is not availabfe on the library's internet computers. The cost of printing
is: the first five pages are free and additional pages are 5 cents per
page. An Internet Public Access Center use policy was distributed to
the Board to be discussed at the next monthly Board meeting. On
October 18, sayen employees attended Internet sessions at the
Clackamas Network Conference in Wilsonville.
NEW BUSINESS: Meeting Dates: The November monthly meeting date was changed from
November 27 to November 20 because of the Thanksgiving Day
holiday. The December monthly meeting date was changed from
December 25 to December 18 because of the Christmas Day holiday.
BUSINESS TO/FROM
THE CITY COUNCIL
AND/OR MA VOR: There will be a joint Goal Review Workshop for City Council members,
Library Board Minutes - 10/23/96
2
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3D
Budget Committee, and Board members on Monday, November 4 at 7
P.M. in the City Hall Council Chambers.
ADJOURNMENT: The meeting was ac:fJOllfTl8d at 1 P.M. FolICNYing the meeting, Linda will
give the Board an Internet demonstration.
Respectfully Submitted,
~'Jy~
Judy Coreson
Recording Secretary
-Library Board Minutes -10/23/96
3
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CITY OF WOODBURN
270 Montgomery Street · Woodburn, Oregon 97071 · 982.5222
PROCLAMATION
NATIONAL BIBLE WEEK
NOVEMBER 24 TO DECEMBER 1, 1996
Whereas, the Bible is the foundational document of the Judeo-Christian principles
upon which our nation was conceived; and
Whereas, the Bible has been a constant source of moral and spiritual guidance for
Americans throughout our history; and
Whereas, the Bible has profoundly influenced our nation's art, literature, music, laws
and sense of charity; and
Whereas, the Bible continues to provide inspiration, hope and comfort for millions of
Americans today; and
Whereas, for fifty-six years women and men of all faiths have banded together with
the Laymen's National Bible Association to sponsor National Bible Week as a time to
remind their fellow Americans of the Bible's unique place in American life; and
Whereas, this annual emphasis has helped to strengthen spiritual understanding
throughout America by encouraging personal reading and study of the Bible;
Therefore, I, Nancy Kirksey, Mayor of the City of Woodburn, do Hereby proclaim
November 24 to December 1, 1996 as BIBLE WEEK in the City of Woodburn and I
urge all my fellow citizens to participate in the observance of BIBLE WEEK by reading
the Bible and discovering for themselves its values for personal and community life.
[~/~--e /;4 ff~---
Nancy KirkSe~aYOr 7
City of Woodburn ,
/
///~/96
Date. /
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f!.- d!.-.e,-<"1.. C-L- L
SB
Minutes of Woodburn Community Center Advisory Committee October 9, 1996 meeting
at City Hall.
Members present: Tim Kelley, Frank Anderson, Hazel Smith, Frank Lonergan, Darrell
Mendenhall, Dale Hagenauer, JoAnn Bjelland, Barbara Lucas, Joan Garren. Staff
Liaison: Nevin Holly. Guests: Brian Sjothun and Teny Williams, Parks and Recreation
programmers; Chris Childs, City Administrator.
Chris Childs reported that the City has a limited amount of money which can be used by
the committee to get some architectural advice. The architect could use the input from
the committee for putting together basic schematics for square footage and generic costs.
This service would not obligate the committee to use this architect in the future. When
architectural services are needed in the future, an RFP procedure will be followed.
The committee agreed that our ideas would be put into a schematic concept, and that
plans would be drawn up for two sites. The committee agreed to meet on October 30,
1996 to discuss our plans with the architect
Lucas asked for comments on the article "Does Woodburn Need a Perfonning Arts
Center?" the draft of which had been sent to all the committee members.
The committee then began discussion of amenities and necessities for a Community
Center. Secretary Lucas agreed to take notes of suggestions. Brian Sjothun and Teny
Williams reported their i~ Sjothun concentrating on needs for athletic programs and
Williams concentrating on needs for social activities. Committee members Bjelland,
Smith, and Garren made their suggestions, as well as other members of the committee.
Committee members oonstantly referred to the floor plan of the Renton, Washington,
facility and agreed this floor plan should be sent along to the architect together with the
committee's recommendations.
After two hours of discussion, Lucas read back her notes and committee members either
accepted or rejected the suggestions. The attached is a list of the features the committee
wants to see in a community center.
The committee thinks the Community Center should be a one-floor facility. If a second
floor is needed. the second floor should be used for storage. The committee realizes that
we are planning for the future not just for today.
10/10/96
.A. -Yj~~. ~e~.-
~ aM~./ ~ ...<.~ , /.
~fi?O"71-eI-C~~ / ~/j ri- t
NECESSITIES AND AMENITIES FOR A NEW
COMMUNITY CENTER
NEEDS TO BE SERVED
OFFICE SPACE NEEDS
8 rooms for Parks Department Offices: reception, secretary. director. program
specialists. conference room, printing. storage
3 rooms for RSVP: reception, director. storage
2 rooms for additional offices
a break room for all these offices
RECREATION AND LEISURE SPACE NEEDS
pre-school play and learning center
teen center (fV. pool. billiards, video games )
senior center dining
aerobics, tap, jazz, tumbling, karate. fencing
arts and craft, bingo, cards, tutoring, story time, seminars. health clinics
adult leisme activities such as basketball, volleyball. fitness. dancing
COMMUNl7T SOCIAL FUNC1'lON NEEDS
weddings. anniversaries. birthdays, retirements
business conferences
service clubs
local celebrations: Cinco de Mayo. Mexican Fiesta., Tulip Festival etc
exhibits and trade shows
recitals, lectures, plays, movies
INCOME GENERATORS
vending machines for POP. candy. etc.
pay video games
pinballs
page 1
SB
NECESSARY FEATURES
bus service and bike storage
parking
storage for maintenancelhousekeeping
adjacent storage for all activity centers
pay phones
phone jacks in all rooms
intercom system
drinking fountains
see-through doors in public areas
restrooms
unisex restroom
diaper changing area
alarm system and wiring for future surveillance
take advantage of outdoor light with windows high in the walls
install window shades on these high windows
page 3
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The following are suggestions of Joan Garren for the Community Center:
OffICe space in the Community Center sbould include a large conference room witb
water service, sinks, counters
There sbould be a coat storage near the dining area
Kitcben facilities sbould be close to tbe dining room
There should be a patio off the dining area
Tbere sbould be a louDge in tbe lobby witb coucbes and tables
Tbere sbould be a family cbanging room for bandicapped/elderly needs
Tbere should be a portable stage and bleacber seats
Pre-scbool/learniDg Center sbould have rubberized exterior patio
The multi-purpose I'OODl ....ould have mirrored walls
Facility should be night.lighted
White wiDe ud beer slaoald be allowed with servers' permits
Security sbould be provided by Woodburn Police Department
1019/96
r
~a(JJ2-
October 18, 1996
The Honorable Nancy Kirksey
Mayor of Woodburn
270 Montgomery Street
Woodburn OR 97071
Dear Mayor Kirksey:
Official notification has been received from the National Park Service, U.S.
Department of the Interior, that the following property was entered into the
National Register oflnstoric Places on September 27, 1996.
Bank of Woodburn (1890)
199 N Front Street
Woodburn, Marion County, Oregon
NRIS 96001049
We .extend our congratulations to all concerned.
Properties listed in the National Register oflnstoric Places are subject to
protective zoning pursuant to Statewide Planning GoalS, Oregon Laws 1995,
ch. 693, s 21, and Oregon Administrative Rules 660-23.200. Under certain
circumstances, such properties may be eligible for grant assistance and tax benefits
under State and Federal programs.
If questions arise concerning the recent action taken in Washington, D.C., please
be in touch with the State Historic Preservation Office at 503/378-5001, ext. 226.
Sincerely,
~ #--2L
James M. Hamrick, Deputy
State Historic Preservation Officer
cc:
City of Woodburn Planning Director
Congressional Delegation
r
Oregon
PARKS AND
RECREA TION
DEPARTMENT
STATE HISTORIC
PRESERVATION OFFICE
....
. .
1115 Commercial St. NE
Salem, OR 97310-1001
(503) 378-5001
FAX (503) 378-6447
MEMO
TO:
FROM:
SUBJECT:
DATE:
9A
City Council through t'$d:Oistrator <
Public Works Director ~ l~
--
Ordinance to Increase Local Gas Tax for Street Program
October 24, 1996
RECOMMENDATION: Approve the attached ordinance that provides funds for
improvement of existing streets by making a two-cent addition to the local gas tax.
BACKGROUND: On September 10, 1996, the city council held a workshop that was open
to the public and, after receiving input, a consensus was reached to expand the city's
resurfacing program and fund it by increasing the local gas tax by two cents. City council
inferred that staff should take action soon and bring an ordinance for council's review and
approval.
Members of the city council have noted on their own that the rate of pavement
deterioration has escalated recently and thus the concern to protect the pavement surfaces
has increased. Woodburn streets are older and more susceptible to bad weather
conditions, such as was experienced In last year's flooding. The city council discussed
different options and related costs of preventing future problems.
Some issues that were discussed in detail in the publiC work shop are as follows:
1. Based on the current contracting environment, the revenue need for
resurfacing/improvlng streets over the age of 35 years is estimated at $1.2 million
and for all streets over the age of 25 years is estimated at $4.4 million.
2. The cost of extending the life of pavement by resurfacing, before it deteriorates to a
degree that reconstruction becomes necessary, is both economical and preferable.
Therefore, increased effort needs to be made to resurface the streets that are older
but have not deteriorated badly yet.
3. Extension of pavement life is expensive and the city's current pavement management
practice includes all of the following:
A.
B.
C.
D.
E.
Minor storm drain repairs and extensions
Crack sealing
Surface patch
Tread way repairs
Drag box skin coat sealing
.
1 Performed by
~ Public Works
l street crew
F.
G.
Major surface and tread way repairs
Resurfacing with storm drainage corrections
l Performed by
~ Contractors
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The ordinance being presented to the council will generate additional revenue in the
amount of approximately $200,000 per year. This defined source of revenue could be
used to sell revenue bonds and make major resurfacing efforts in a shorter time frame to
meet council's desired goals. The revenue generated by this ordinance will be placed in
the city gas tax funds specifically designated for associated resurfacing expenses for
proper tracking.
The state agency responsible for collecting the tax has provided their input and the
ordinance has been modified to meet their requirements. The city attorney has completed
a legal review and made necessary changes to the ordinance.
Since all staff work has been completed, it is recommended that the city council approve
the attached ordinance that generates revenue for street pavement protection program.
GST:lg
OROGASTX.2CC
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COUNCil BIll NO. J 15 ~
ORDINANCE NO.
A ORDINANCE IMPOSING AN ADDITIONAL MOTOR VEHICLE FUEL TAX ON MOTOR
VEHICLE FUEL DEALERS FOR PURPOSES OF PAVEMENT PRESERVATION; PROVIDING
FOR ADMINISTRATION, ENFORCEMENT AND COllECTION OF SAID TAX; SETTING
EFFECTIVE DATES; AND DECLARING AN EMERGENCY.
WHEREAS, the State of Oregon grants municipal authority to impose a motor vehicle
fuel tax as adopted in Article IV, Section 3a of the Oregon Constitution; and
WHEREAS, Ordinance 2028, the City of Woodburn Motor Vehicle Fuel Tax
Ordinance, is currently in effect, and
WHEREAS, the motor vehicle fuel tax revenue is exclusively for reconstruction,
improvement, repair, maintenance, operation and use of public highways, roads and streets;
and
WHEREAS, if old pavements are allowed to deteriorate and not brought back to their
original strengths by preventative maintenance and resurfacing, then reconstruction of
these streets will be necessary at a Mure date, the cost of reconstruction is much higher;
WHEREAS, the City Council held a workshop on September 10, 1996 to discuss
street pavement related issues. After input, the City Council reached a consensus to
expand the existing resurfacing program and to include a certain number of streets for
resurfacing based on the age of the pavement, and
WHEREAS, the City Council recognizes the need for street pavement preservation
and improvements based on the information provided by the staff and on field investigation
made on their own; and
WHEREAS, the City Council recognizes the need for an additional dedicated source
of funding for pavement preservation and street projects; NOW THEREFORE.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. IIlIL This ordinance shall be known as the .City of Woodburn Pavement
Preservation Ordinance..
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Section 2. PurDose. This ordinance is intended to raise tax revenue in addition to
Ordinance 2028 for the purpose funding street resurfacing and repavement. This ordinance
is not intended to a.mend, modify or change any provision of Ordinance 2028, the City of
Woodburn Motor Vehicle Fuel Tax Ordinance.
Section 3. Definitions: As used in this ordinance, unless the context requires
otherwise:
(A) "Aircraft fuel" means any gasoline and other inflammable or combustible gas
or liquid by whatever name such as gasoline, gas or liquid is known or sold, usable 8S fuel
for the operation of aircraft, except gas or liquid, the chief use of which, as determined by
the City is for purposes other than the propulsion of aircraft.
(B) "Authorized Agent" any person or agency that has been given authority to
implement a portion of this ordinance.
(e) "CityR means City of Woodburn, a municipal corporation of the State of
Oregon.
(D) RDealerR means any person who:
(1) Supplies or imports motor vehicle fuel for sale, use or distribution in, and
after the same reaches the City, but "dealer" does not include any person who imports into
the City motor vehicle fuel in quantities of 600 gallons or less purchased from a supplier
who is permitted as 8 dealer hereunder and who assumes liability for the payment of the
applicable motor vehicle fuel tax to the City; or
(2) Produces, refines, manufactures or compoundS motor vehicle fuels in
the City for use, distribution or sale in the City; or
(3) Acquires in the City for sale, use or distribution in the City motor vehicle
fuels with respect to which there has been no municipal motor fuel tax previously incurred.
(E) RMotor Vehicle Fuel-Handler" means any person who acquires or handles
motor vehicle fuel within the City through a storage tank facility with storage tank capacity
that exceeds 600 gallons of motor vehicle fuel.
(F) "Distributor" means, in addition to its ordinary meaning, the deliverer of motor
vehicle fuel by a dealer to any service station or into any tank, storage facility or series of
tanks or storage facilities connected by pipelines, from which motor vehicle fuel is
withdrawn directly for sale or for delivery into the fuel tanks of motor vehicles whether or
not the service station, tank or storage facility is owned, operated or controlled by the
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COUNCIL BILL NO.
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dealer.
(G) "Highway" means every way, thoroughfare and place of whatever nature,
open for use of the. public for the purpose of vehicular travel.
(H) "Motor Vehicle" means all vehicles, engines or machines, moveable or
immovable, operated or propelled by the use of motor vehicle fuel.
en "Motor Vehicle Fuel" means and includes gasoline, diesel, mogas, methanol,
and any other flammable or combustible gas or liquid, by whatever name such gasoline,
diesel, mogas, methanol, gas or liquid Is known or sold, usable as fuel for the operation of
motor vehicles, except gas, diesel, mogas, methanol, or liquid, the chief use of which, 8S
determined by the City, is for purposes other than the propulsion of motor vehicles upon
the highways. Propane fuel and motor vehicle fuel used exclusively as a structural heating
source are excluded as a taxable motor vehicle fuel.
(J) "Person" includes every natural person, association, firm, partnership, or
corporation
(K) "Service Station" means and includes any place operated for the purpose of
retailing and delivering motor vehicle fuel into the fuel tanks of motor vehicles.
(L) "State" means State of Oregon.
Section 4. Tax Imoosed. An additional motor vehicle fuel tax Is hereby imposed
as provided herein on every dealer operating within the corporate limits of Woodburn. The
City of Woodburn motor vehicle fuel tax imposed shall be paid monthly to the City or to its
authorized agent.
(A) A person who is not a permitted dealer or permitted motor vehicle fuel-handler
shall not accept or receive motor vehicle fuel in this City from a person who supplies or
imports motor vehicle fuel who does not hold a valid motor fuel dealers permit in the City.
If a person is. not a permitted dealer or permitted motor vehicle fuel-handler in this City and
accepts or receives motor vehicle fuel, the purchaser or receiver shall be responsible for all
taxes, interests and penalties prescribed herein.
(B) A permitted dealer or fuel-handler who accepts or receives motor vehicle fuel
from a person who does not hold a valid dealer or fuel-handler permit in this City, shall pay
the tax imposed by this Ordinance to the City or it's authorized agent, upon the sale, use
or distribution of the motor vehicle fuel.
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Section 5. Amount and Pavment.
(A) Subject to subsection (B) and (C) of this section, by law, every dealer engaging
in his own name, or in the name of others, or in the name of his representatives or agents
in the City, in the sale, use or distribution of motor vehicle fuel, shall;
(1) Not later than the 25th day of each calendar month, render a statement
to the City or to its authorized agent, of all motor vehicle fuel sold, used or distributed by
him in the City as well as all such fuel sold, used or distributed by him in the City as well
as all such fuel sold, used or distributed in the City by a purchaser thereof upon which sale,
use or distribution the dealer has assumed liability for the applicable motor vehicle fuel tax
during the preceding calendar month.
(2) Pay a motor vehicle fuel tax pursuant to the provisions of this ordinance
computed on the basis of two (2.0) cents per gallon of such motor vehicle fuel so sold,
used or distributed as shown by such statement in the manner and within the time provided
in this ordinance. This two (2) cent per gallon tax shall be in addition to the one (1) cent
per gallon currently imposed by Ordinance 2028.
(B) In lieu of claiming refund of the tax as provided in Section 21, or of any prior
erroneous payment of motor vehicle fuel tax made to the City by the dealer, the dealer may
show such motor vehicle fuel as a credit or deduction on the monthly statement and
payment of tax.
(Cl The motor vehicle fuel tax shall not be imposed wherever it is prohibited by
the Constitution or laws of the United States or of the State of Oregon.
Section 6. Permit Reouire"ments. No dealer or fuel-handler, shall sell, use or
distribute any motor vehicle fuel until he has secured a dealer or fuef..handler permit as
required herein.
Section 7. Permit ADDlications and Issuance.
(A) Every person, before becoming a dealer or fuel handler in motor vehicle fuel
in this City shall make an application to the City or its duly authorized agent, for a permit
authorizing such person to engage in business as a dealer or fuel handler.
(B) Applications for the permit must be made on forms prescribed, prepared and
furnished by the City, or its duly authorized agent.
(C) The applications shall be accompanied by a duly acknowledged certificate
containing:
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(1) The business name under which the dealer or fuel-handler is transacting
business.
(2) The place of business and location of distributing stations in the City
and in areas adjacent to the City limits in the State of Oregon.
(3) The name and address of the managing agent, the names and addresses
of the several persons constituting the firm or partnership and, if a corporation, the
corporate name under which it is authorized to transact business and the names and
addresses of its principal officers and registered agent, as well as primary transport carrier.
(D) The application for a motor vehicle fuel dealer or fuel-handler permit having
been accepted for filing, the City or its authorized agent, shall issue to the dealer or fuel-
handler a permit in such form as the City or its duly authorized agent may prescribe to
transact business in the City. The permit so issued is not assignable, and is valid only for
the dealer or fuel-handler in whose name issued.
(E) The City Recorders Office shall keep on file a copy of all applications and/or
permits.
(F)
No feels) shall be charged by the City for securing said permit as described
herein.
Secdon 8. Failure to Secure Permit.
(A) If any dealer sells, distributes or uses any motor vehicle fuel without first filing
the certifICate and securing the permit required by Section 7, the motor vehicle fuel tax
shall immediately be due and payable .on account of all motor vehicle fuel so sold,
distributed or used.
(B) The City shall proceed forthwith to determine, from the best available sources,
the amount of such tax, and it shall assess the tax in the amount found due, together with
a penalty of 200 percent of the tax, and shall make its certificate of such assessment and
penalty, determined by City Administrator or the City's duly authorized agent. In any suit
or proceeding to collect such tax or penalty or both, the certificate is prima facie evidence
that the dealer therein named is indebted to the City in the amount of the tax and penalty
therein stated.
(C) Any fuel-handler who sells, handles, stores, distributes, or uses any motor
vehicle fuel without first filing the certificate and securing the permit required by Section
7, shall be assessed a penalty of $250.00 unless modified by Section 28 Subsection waw,
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determined by the City Administrator or the City's duly authorized agent. In any suit. or
proceeding to collect such penalty, the certificate is prima facie evidence that the fuel-
handler therein named is indebted to the City in the amount of the penalty therein stated.
(D) Any tax or penalty so assessed may be collected in the manner prescribed in
Section 12 with reference to delinquency in payment of the tax or by Court Action.
Section 9. Revocatio.n of Permit. The City or its authorized agent shall revoke
the permit of any dealer or fuel-handler refusing or neglecting to comply with any provision
of this Ordinance. The City or its authorized agent shall mail by certified mail addressed
to such dealer or fuel-handler at his last known address appearing on the files, a notice of
intention to cancel. The notice shall give the reason for the cancellation. The cancellation
shall become effective without further notice if within 10 days from the mailing of the
notice the dealer or fuel-handler has not made good its default or delinquency.
Section 10. Cancellation of Permit.
(A) The City or its authorized agent may, upon written request of a dealer or fuel-
handler cancel any permit issued to such dealer or fuel-handler, the cancellation to become
effective 30 days from the date of receipt of the written request.
(B) If the City or its authorized agent ascertains and finds that the person to
whom a permit has been issued is no longer engaged in the business of a dealer or fuel-
handler, the City or its authorized agent may cancel the permit of such dealer or fuel-
handler upon investigation after 30 days notice has been mailed to the last known address
of the dealer or fuel-handler.
Section 11. Remedies Cumulative. Except as otherwise provided in Sections 12
and 14, the remedies provided in Sections 8, 9 and 10 are cumulative. No action taken
pursuant to those sections shall relieve any person from the penalty provisions of this
Ordinance.
Section 12. Payment of Tax and DelinQuencv.
(A) The motor vehicle fuel tax imposed by Sections 4 and 5 shall be paid on or
before the 25th day of each month to the City or its authorized agent which, upon request,
shall receipt the dealer or fuel-handler therefor.
(B) Except as provided in subsection (D) of this Section, to any motor vehicle fuel
tax not paid as required by subsection (A) of this Section, there shall be added a penalty
of one percent (1.0%) of such motor vehicle fuel tax.
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COUNCIL BILL NO.
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(C) Except as provided in subsection (D) of this Section, if the tax and penalty
required by subsection (B) of this section are not received on or before the close of
business on the last day of the month in which the payment is due, 8 further penalty of ten
percent (10.0%) shall be paid in addition to the penalty provided for in subsection (B) of
this Section.
(0) If the City or its authorized agent, determines that the delinquency was due
to reasonable cause and without any intent to avoid payment, the penalties provided by
subsections (B) and (C) of this Section may be waived. Penalties imposed by this Section
shall not apply when the penalty provided in Section 8 has been assessed and paid.
(E) If any person fails to pay the motor vehicle fuel tax of any penalty provided
for by this Ordinance, the amount thereof shall be collected from such person for the use
of the City. The City shall commence and prosecute to final determination in any court of
competent jurisdiction an action to collect the same.
(F) In the event any suit or action is instituted to collect the motor vehicle fuel tax
or any penalty provided for by this ordinance, the City shall be entitled to recover from the
person sued reasonable attorney fees at trial or upon appeal of such suit or action, in
addition to all other sums provided by law.
(G) No dealer who collects from any person the tax provided for herein, shall
knowingly and willfully fail to report and pay the same to the City or its authorized agent,
as required herein.
Secdon 13. Monthlv Statement of Dealer and Fuel-Handler. Unless modified by
Section 28, Subsection -b- every dealer and fuel-handler in motor vehicle fuel shall render
to the City or its authorized agent, ~n or before the 25th day of each month, on forms
prescribed, prepared and furnished by the City or its authorized agent, a signed statement
of the number of gallons of motor vehicle fuel sold, distributed, used, or stored by him
during the preceding calendar month. The statement shall be signed by the permit holder.
All statements as required in this section are public records.
Section 14. Failure to File Monthlv Statement. If any dealer or fuel-handler fails to
file the report required by Section 13, the City or its authorized agent, shall proceed
forthwith to determine from the best available sources the amount of motor vehicle fuel
sold, distributed, used or stored by such dealer or fuel handler for the period unreported,
and such determination shall be prima facie evidence of the amount of such fuel sold,
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distributed, used or stored. The City or its authorizing agent, immediately shall assess the
motor fuel tax in the amount so determined, as pertaining to the reportable dealer, adding
thereto a penalty of 10 percent for failure to report. Fuel-handlers failing to file a monthly
statement of motor vehicle fuel shall be assessed a penalty of $50.00. The penalty shall
be cumulative to other penalties provided in this Ordinance. In any suit brought to enforce
the rights of the City under this section, the above determination showing the amount of
tax, penalties and costs unpaid by any dealer or fuel-handler and that the same are due and
unpaid to the City or its authorized agent is prima facie evidence of the facts as shown.
Section 15. Billing Purchasers. Bills shall be rendered to all purchasers of motor
vehicle fuel by dealers in motor vehicle fuel. The bills shall separately state and describe
to the satisfaction of the City or its authorized agent the different products shipped
thereunder and shall be serially numbered except where other sales invoice. controls
acceptable to the City or its authorized agent are maintained. The bills required hereunder
may be the same as those required under ORS 319.210.
Section 16. Failure to Provide Invoice or DelivervTao. No person shall receive and
accept any shipment of motor vehicle fuel from any dealer, or pay for the same, or sell or
offer the shipment for sale, unless the shipment is accompanied by an invoice or delivery
tag showing the date upon which shipment was delivered and the name of the dealer in
motor vehicle fuel.
Section 17. TransDorting Motor Vehicle Fuel in Bulk. Every person operating any
conveyance for the purpose of hauling, transporting or delivering motor vehicle fuel in bulk
shall, before entering upon the publiC highways of the City with such conveyance, have
and possess during the entire time of his hauling or transporting such motor fuel an invoice,
bill of sale or other written statement showing the number of gallons, the true name and
address of the seller or consignor and the true name and address of the buyer or consignee,
if any, of the same. The person hauling such motor vehicle fuel shall at the request of any
officer authorized by the City to inquire into or investigate such matters, produce and offer
for inspection the invoice, bill of sale or other statement.
Section 18. ExemDtion of EXDort Fuel.
(A) The license tax imposed by Section 4 and 5 shall not be imposed on motor
vehicle fuel:
(1 ) Exported from the City by a dealer; or
Page 8 - COUNCIL BILL NO.
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(2) Sold by a dealer in individual quantities of 500 gallons or less for export
by the purchaser to an area or areas outside the City in containers other than the fuel tank
of a motor vehicle, but every dealer shall be required to report such exports and sales to
the City or its authorized agent in such detail as may be required.
(B) In support of any exemption from motor vehicle fuel taxes claimed under this
section other than in the case of stock transfers or deliveries in his own equipment, every
dealer must execute and file with the City or its authorized agent an export certificate in
such form as shall be prescribed, prepared and furnished by the City or its authorized agent,
containing a statement, made by some person having actual knowledge of the fact of such
exportation, that the motor vehicle fuel has been exported from the City, and giving such
details with reference to such shipment as may be required. The City or its authorized
agent may demand of any dealer such additional data as is deemed necessary in support
of any such certificate, and failure to supply such data will constitute a waiver of all right
to exemption claimed by virtue of such certificate. The City or its authorized agent may,
in a case where it believes no useful purpose would be served by filing of an export
certificate, waive the certificate.
(C) Any motor vehicle fuel carried from the City in the fuel tank of a motor vehicle
shall not be considered as exported from the City.
(D) No person shall, through false statement, trick or device, or otherwise, obtain
motor vehicle fuel for export as to which the City motor vehicle fuel tax has not been paid
and fail to export the same, or any portion thereof, or cause the motor vehicle fuel or any
portion thereof not to be exported, or divert or cause to be diverted the motor vehicle fuel
or any portion thereof to be used, distributed or sold in the City and fail to notify the City
or its authorized agent and the dealer from whom the motor vehicle fuel was originally
purchased of his act.
(E) No dealer or other person shall conspire with any person to withhold from
export, or divert from export or to return motor vehicle fuel to the City for sale or use so
as to avoid any of the fees imposed herein.
(F) In support of any exemption from taxes on account of sales of motor vehicle
fuel in individual quantities of 500 gallons or less for export by the purchaser, the dealer
shall retain in his files for at least three years an export certificate executed by the
purchaser in such form and containing such information as is prescribed by the City or its
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authorized agent. This certificate shall be prima facie evidence of the exportation of the
motor vehicle fuel to which it applies only if accepted by the dealer in good faith.
Section 19. Sales to Armed Forces Exemoted. The motor vehicle fuel tax imposed
by Sections 4 and 5 shall not be imposed on any motor vehicle fuel sold to the Armed
Forces of the United States for use in ships, aircraft or for export from the City; but every
dealer shall be required to report such sales to the City or its authorized agent, in such
detail as may be required. A certificate by an authorized officer of such Armed Forces shall
be accepted by the dealer as sufficient proof that the sale is for the purpose specified in
the certificate.
Section 20. Fuel in Vehicles Coming Into City Not Taxed. Any person coming into
the City In a motor vehicle may transport In the fuel tank of such vehicle motor fuel for his
own use only and for the purpose of operating such motor vehicle without securing a
license or paying the tax provided in Sections 4 and 5, or complying with any of the
provisions imposed upon dealers herein, but if the motor vehicle fuel so brought into the
City is removed rom the fuel tank of the vehicle or used for any purpose other than the
propulsion of the vehicle, the person so Importing the fuel into the City shall be subject to
all provisions herein applying to dealers.
Section 21. Refunds. Refunds will be made pursuant to ORS. 319.280 to 319.320.
Section 22. Examinations and InvestlQ8tions. The City, or Its duty authorized agent,
may make any examination of accounts, records, stocks, facilities and equipment of
dealers, fuel-handlers, service stations. and other persons engaged in storing, selling or
distributing motor vehicle fuel or other petroleum products within this City, and such other
investigations as it considers necessary in carrying out the provisions of this ordinance. If
the examination or investigations disclose that any reports of dealers or other persons
theretofore filed with the City or its authorized agent pursuant to the requirements herein,
have shown incorrectly the amount of gallons of motor vehicle fuel distributed or the tax
accruing thereon, the City or its authorized agent may make such changes in subsequent
reports and payments of such dealers or other persons, or may make such refunds, as may
be necessary to correct the errors disclosed by its examinations or investigations.
Section 23. Limitation on Credit for or Refund of Overoavment and on Assessment
of Additional Tax.
(A) Except as otherwise provided in this ordinance, any credit for erroneous
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overpayment of tax made by a dealer taken on a subsequent return or any claim for refund
of tax erroneously overpaid filed by a dealer must be so taken or filed within three years
after the date on which the overpayment was made to the City or to its authorized agent.
(B) Except in the case of a fraudulent report or neglect to make a report, every
notice of additional tax proposed to be assessed under this ordinance shall be served on
dealers within three years from the date upon which such additional taxes became due.
Secti()n 24. Examinino Books and Accounts of Carrier of Motor Vehicle Fuel. The
City or its duly authorized agent may at any time during normal business hours examine the
books and accounts of any carrier of motor vehicle fuel operating within the City for the
purpose of checking shipments or use of motor vehicle fuel, detecting diversions thereof
or evasion of taxes in enforcing the provisions of this ordinance.
Section 25. Records to be KeDt bv Dealers and Fuel-Handler. Every dealer and fuel-
handler in motor vehicle fuel shall keep a record in such form as may be prescribed by the
City or its authorized agent of all purchases, receipts, sales and distribution of motor
vehicle fuel. The records shall include copies of all invoices or bills of such sales and
purchases, and shall at all times during the business hours of the day be subject to
inspection by the City or its authorized officers or agents.
Section 26. Records to be KeDt Three Years. Every dealer and fuel-handler shall
maintain and keep, for a period of three years, all records of motor vehicle fuel used. sold
and distributed within the City by such dealer or fuel-handler. together with stock records.
Invoices. bills of lading and other pertinent papers as may be required by the City or its
authorized agent. In the event such records are not kept within the State of Oregon. the
dealer shall reimburse the City or its duly authorized agents for all travel. lodging. and
related expenses incurred in examining such records. The amount of such expenses shall
be additional tax imposed hereunder.
Section 27. Use of Tax Revenues.
(A) The City Administrator shall be responsible for the disposition of the revenue
from the tax imposed by this ordinance in the manner provided by this section.
(B) For the purposes of this section. net revenue shall mean the revenue from the
tax imposed by this ordinance remaining after providing for the cost of administering the
motor vehicle fuel tax to motor vehicle fuel dealers and any refunds and credits authorized
herein. The program administration costs of revenue collection and accounting activities
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shall not exceed 10% of annual tax revenues.
(Cl The net revenue shall be used only for the activjties related to the resurfacing,
reconstruction, improvement, repair, and maintenance of public highways, roads and
streets within the City of Woodburn.
Section 28. Administration. The City Administrator or his designate is responsible
for administering this ordinance. In addition, the City Administrator may enter into an
agreement with the Financial Services Branch of Oregon Department of Transportation as
an authorized agent for the implementation of certain sections of this ordinance. If the
Financial Services Branch is chosen as an authorized agent of the City, then the
modifications outlined below shall apply:
(a) The fuel handler's penalty of Section 8 Subsection .c. shall be reduced to
$100.00. And if the Division determines that the failure to obtain the permit
was due to reasonable cause and without any intent to avoid obtaining a
permit, then the penalty provided in Section 8 and this Subsection may be
waived.
(b) The fuel handler's monthly reporting requirements of Section 13 and 14 shall
be waived.
Section 29. Seoarabilitv: If any portion of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 30. Effective Dates: The permit requirements imposed by this ordinance
are effective March 1, 1997 and the taxation imposed by this ordinance effective April 1 ,
1997.
Section 31. This ordinance being necessary for the immediate preservation of the
public peace, health and safety so that the administrative implementation of the ordinance
may proceed, an emergency is declared to exist and this ordinance shall take effect
immediately upon "rn ~ ~u~d approval by the~. ~ _?1 h
Approved as to form: . /~ J 0 1... 1
City Attorney Da18
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ORDINANCE NO.
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APPROVED:
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 13 - COUNCIL BILL NO.
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Nancy A. Kirksey, Mayor
1
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Subject:
Mayor and City Council through the City Administrator
Ben Gillespie, Fumnce Director ./l;n
Contract Approval-Data Proceslling Strategic Plan
TO:
From:
Date:
. November 6, 1996
Recommendation: Council adopt the attacl1ed resolution authorizing the City to enter the
attached contract (two copies) with Moss Adams ILP.
B.~k&roDnd: The Council awarded the bid for the DP Strategic Plan to Moss Adams LLP on
October 14.
StafFhas negotiated a contract with that firm.
Finan~i.1 Impliations: The contract will not exceed SI2,ooo, which is within the amount
budgeted for this project.
~
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COUNCIL BILL NO. J '7 ~
RESOLUTION NO.
A RESOLUTION ENTERING INTO AN AGREEMENT FOR PROFESSIONAL SERVICES
WITH MOSS ADAMS ADVISORY SERVICES, AND AUTHORIZING THE MAYOR TO
SIGN SAID AGREEMENT.
WHEREAS, the City of Woodburn data processing system is in need of a
comprehensive evaluation; and
WHEREAS, the City requested proposals for evaluating current management
information needs, including hardware, software, funding, and culminating in -a final
report to serve as the Data Processing Strategic Plan; and
WHEREAS, the City Council accepted the proposal of Moss Adams, LLP and
directed staff to negotiate an agreement; and
WHEREAS, said agreement has now been prepared for City Council
consideration; NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an agreement with Moss
Adams, LLP to provide data processing consultant services.
Section 2. That the Mayor is authorized to execute, on behalf of the City, said
agreement, a copy of which is attached hereto and, by this reference, incorporated
herein.
Approved as to fo~~
City Attorney
)/~S-"1/;
Date
APPROVED:
Nancy A. Kirksey, Mayor
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RESOLUTION NO.
r
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO.
RESOLUTION NO.
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AGREEMENT FOR PROFESSIONAL SERVICES
This agreement, dated as of 1996, is entered into by and between the City of Wood bum
(The City) and Moss Adams Advisory Services ("Consultant").
Section 1. The Services
1.1 ConsultAnt sbaJl perform the services descnDed in the attached Schedule A dated October
14, , 1996.
1.2 Except as otherwise specifically provided in this Agreement, Consultant shall furnish the
following. all as the same may be required to perform the services described in paragraph
1.1 in accordance with this Agreement: personnel, labor and supervision; technical,
professional and other services. AJlauch services, property and other items furnished or
required to be fumis"~ together with all other obligations performed or required to be
perfonned, by Consultant undeI' this Agreement are sometimes coUectively referred to in
this Agreement as the "Services."
1.3 All provisions of this Agreement are intended to be complementary, and any Services
required by one and not mentioned in another' shall be performed to the same extent as
though required by an. Details of the Services that are necasary to carry out the intent of
this Agreement, but that are not expressly required, sba11 be performed or furnished by
Consultant as part of the Services, without any increase in the compensation otherwise
payable under this Agreement.
Section 2. Schedule
2.1 Consultant shall commence, prosecute and complete such Services in accordance with
Schedule A
Section 3. Compensation
3.1 As full compensation for sati~ry performance of the Services, the City shall pay
Consultant the compensation descnDed in Schedule A
3.2 Consultant shall submit each calendar month, Consultant's invoice for the compensation
payable under this Agreement for the Services performed during the preceding period.
Each of Consultant's invoices shall set forth a detailed description of the Services
performed during the applicable month, the number of hours spent performing such
Services and any reimbursable costs and expenses incurred in connection with such
Services.
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3.3 The City shall pay each of Consultant's invoices within thirty (30) days after the City IS
receipt and verification thereof.
Section 4. Perfonnance by Consultants
4.1 Consuhant shaD not (by con~ operation of law or otherwise) delegate or subcontract
perfonnance of any Services to any other person or entity without the prior written
consent of the City. Any such delegation or subcontracting without the City's prior written
consent shall be voidable at the City's option.
No delegation or subcontracting of perfonnance of any of the Services, with or without
the CitYs prior written consent, shall relieve Consultant of its responsibility to perform the
services in accordance with this Agreement Consultant sbaIl be fully responsible for the
performance, acts aDd omissions of Consultant's employees, Consultant's subcontraCtors
and any other penon who perlbrms or furnishes any Services (collectively, the "Support").
4.2 Consultant shall at all times be an independent contractor and not an agent or
representative of the City with regard to performance of the Services. Consultant shall not
represent that it is, or bold itself out as, an agent or representative of the City. In no event
shall Consultant be authorized to enter into any agreement or undertaking for or on behalf
of the City..
4.3 Consultant shall perform the Services in a timely manner and in accordance with the
standards of the profession. At. the time of performance, Consultant shall be properly
licensed. equipped, orgarU7.ecl and financed to perfonn the Services in accordance with this
Agreement. Subject to compliance with the requirements of this Agreement, Consultant
shall perform the Services in accordance with its own methods.
4.4 Consultant shall take all reasonable precautions to protect against any bodily injury
(mcluding death) or property damage that may occur in connection with the Services.
Section 5. Compliance with Laws
5.1 Consultant shall comply with aU applicable laws, ordin,lV'.e5, rules, regulations. orders,
licenses, permits and other requirements, now in effect, of any governmental authority
(mcluding, but not limited to, such requirements u may be imposed upon the City and
applicable to the Services). Consultant shall furnish such documents as may be required
to effect or evidence such compliance. All laws, ordinances, roles, order required to be
incorporated in agreements of this character are incorporated in this agreement by this
reference.
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Section 6. Inspection: Examination of Records
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6.1 The Services shall, at all times, be subject to inspection by and with the approval of the
Oty, but the making of (or failure or delay in making) such inspection or approval shall
not relieve Consultant ofresponsibi1ity for penormance of the Services in accordance with
this Agreement, notWithstanding the CitYs knowledge of defective or noncomplying
performance, its substantiality or the ease of its discovery. Consultant shall provide the
City sufficient, safe and proper facilities and equipment for such inspector and free access
to such facilities.
6.2 Consultant shall promptly furnish the City with such information related in the Services as
may be requested by the City. Until the expiration of three (3) years after final payment
of the compensation payable under this Agreement, Consultant shall provide the City
access to (and the City shaD have the right to examine, audit and copy) all of Consultant's
books, documents, papers and records which are related to the Services or this Agreement.
Section 7. Property and Confi~entiallnfonnation
7.1 Consultant shaD not, without the prior written consent of the City, disclose to third parties
any information received in connection with the Services unless:
(a) the information is known to Consultant prior to receiving the same directly or
indirectly in connection with the Services;
(b) the information is in the public domain at the time of disclosure by Consultant;
(c) the infonnation is received by Consultant from a third party who does not have an
obligation to keep the same confidential; or
(d) the Consultant is required to disclose by order of a court or other authority.
Section 8. Release. IndemnIty and Hold Harmless
8.1 Subject to the Jimitations set forth in paragraph 8.2, Consultant releases and shall defend,
indemnify and hold the City bann1ess tom and 1911iMl all daims, costs liabilities, damages
and expenses, (mcludin& but not limited to, reasonable attorneys' fees) arising directly out
of or in connection with:
(a> any fiwlt, negligence, strict liability or product liability of Consultant in connection
with the Services or this Agreement;
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(b) any lien asserted upon any property of the city in connection with the Services or
this Agreement~
(c) any failure of Consultant, or the Services to comply with any applicable law,
ordinance, rule, regulation, order, license, permit and other requirement, now or
hereafter in effect, of any governmental authority; or
(d) any breach of contract or default under this Agreement by Consultant.
8.2 As permitted by applicable law, paragraph 8.1 shall apply. However, paragraph 8.1 shall
not require Consultant to indemnify the City against any liability for damages arising out
of bodily injury or property damage caused by or resulting from negligence of the City .
Further, in the case of concurrent negligence of Consultant on the one hand and the City
on the other hand, Consultant shall be required to indemnify the City only to the extent
of the negligence of the Consultant.
8.3 Consultant releases and shall defend, indemnify and hold hannless the City from and
against all claims, costs, liabilities, damages, expenses (mcluding, but not liinited to
reasonable attorneys' fees), and royalties based upon any actual or alleged infringement
or misappropriation of any patent, copyright, trade secret trademark or other intellectual
property right by any Services. Further, if any Services infringe or misappropriate any
patent, copyright, trade secret, trademark or other intellectual property right, Consultant
shall either:
(a) procure for the City the right to use such Services, or
(b) modify such Services so that they no longer infringe or misappropriate any such
right.
Section 9. Workers' Compensation and Insurance
9.1 With respect to an persons performing the Services, Consultant shall secure and ,nAintain
in effect at all times during performance of the Services coverage or insurance in
accordance with the applicable laws reJati"8 to workers' compensation and employer's
liability insuranCe, regardless of whether such coverage or insurance is INndatory or
merely elective under the law.
Consultant shall furnish to the City such assurance and evidence of such coverage or
insurance (such as copies ofinsurance policies and Certificates ofCompUance issued by
the Washington State Department of Labor and Industries) as the City may request.
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9.2 Consultant shall secure and maintain insurance with provisions, coverages and limits
substantially as specified in the attached certificate of insurance, endorsement and/or
schedule ofinsurance requirements or, ifnone is attached, with such provisions, coverages
and limits as the City may from time to time specify to protect the City, its successors and
assigns, (conectively, the "Additional Insured") from any claims, losses, harm, costs,
liabilities, damages and expenses (mdudmg, but not limited to, reasonable attorneys' fees)
that may arise out of any property damage, bodily injwy (mc1uding death) or professional
liability related to the Services. Upon the atyts request, Consultant shall furnish the City
with such additional assurance and evidence of such insurance (such as copies of all
insurance policies) as the City may request. Within thirty (30) days after any renewal or
any notice oftennination, canceJ1ations, expiration or alteration in any policy of insurance
required under this Agreement, Consultant shall deliver to the City a certificate of
insurance acceptable to the City with respect to any replacement policy.
Section 10. Changes
10.1 The City may, at any time by written three (3) week notice thereof to Consultailt, make
changes in the Services within the general scope of this Agreement (including, but not
limited to, additions to or deletions from any Services, suspension of performance and
changes in Schedule A, and location of perfonnance).
10.2 If any change under paragraph 10.1 causes an increase or decrease in the cost or the time
required for peaformance of the Services, an equitable adjustment in the compensation and
sd1edule under this Agreement shill be made to reflect such increase or decrease, and this
Agreement sba1I be modified in writing according1y. Such equitable adjustment sball
constitute tbIl compensation to COIIsnlUnt fbr such d1ange. If any change under paragraph
10.1 results in a decrease in the Services to be performed, Consultant shall not be entitled
to anticipated profit on Services not performed and the loss of anticipated profit sha1I not
reduce the decrease in compensation under this Agreement resulting from such change.
Further, Consultant shall not be entided to any reallocation of cost, profit or overhead.
10.3 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable
adjustment under paragraph 10.2, CouJltant sha1I immediately proceed with performance
of the Services as changed pursuant to paragraph 10.1. If Consultant intends to assert a
claim for equitable adjustment under paragraph 10.2, Consultant must, within sixty (60)
days aftec Consultant's receipt ofany notice under paragraph 10.2 that does not set forth
an acceptable adjustment, submit to the City, a written statement of the basis and nature
of the adjustment claimed. Consultant sba1l not be entided to any adjustment unless such
written statement is submitted by Consultant to the City within the applicable period.
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Section 11. Tennination
11.1 The City may, by written three (3) week notice thereof to Consultant, terminate this
Agreement as to all or any portion of the Services not then performed, whether or not
Consultant is in breach or default. Upon receipt of any such notice of termination,
Consultant shall, except as otherwise directed by the City, immediately schedule to stop
within three (3) weeks the performance of the services to the extent specified in such
notice. Consultant shaH have the same termination rights in Section 11.
11.2 In the event of termination pursuant to paragraph 11.1, an equitable adjustment shall be
made in the compensation payable to Consultant under this Agreement, provided that such
compensation as so adjusted shall in no event exceed a percentage of the total
compensation otherwise payable under this Agreement equal to the percentage of the
Services saV~ctorily completed at the time of termination. Further, Consultant shall not
be entitled to any reanocation of cost, profit or oved1ead. Consultant shall not in any event
be entitled to anticipated profit on Services not performed on account of such termination.
Consultant shall use its best efforts to minimize the compensation payable under this
Agreement in the event of such termination.
11.3 If the City purports to terminate or cancel all or any part of this agreement for
Consultant's breach or default when Consultant is not in breach or defiwlt which would
permit sum termination or cancellation, such termination or cance1Jtrtion shall be deemed
to have been a termination by the City pursuant to paragraph 11.1 and the rights of the
parties shall be determined accordingly.
$ection 12. Miscellaneous
12.1 Any DOtice, request, designation, direction, statement or other communication under this
Agreement shall be in writing and shall be delivered in person or mailed, properly
addressed and stamped with the required postage, to the attention of the Ymance Director
for the City ofWoodbum, or to Tom Krippaebne, (eprcaeoVdive of Moss Adams Advisory
Services.
12.2 Consultant shall not (by contraCt, operation of law or otherwise) assign this Agreement
or any right or interest in this Agreement without the prior written consent of the City. For
the purposes of the foregoing, any tranSfer ofa control1ing interest in Coosu1tant (e.g., by
a tranSfer of Securities or otherwise) shall be deemed an assignment of this Agreement.
Any assignment without the City's prior written consent shall be voidable at the CitYs
option. No such assignment, with or without the CitYs prior written consent, shall relieve
Consultant from its responsibility to perform the Services in accordance with this
Agreement. Subject to the foregoing restriction on assignment by Consultant, this
Agreement shall be fully binding upon, and be enforceable by the successors, assigns and
legal representatives of the respective parties to this Agreement.
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12.3 The obligations of Consultant under Sections 6, 7, 8, 11, and 12, and all provisions of this
Agreement which may reasonably be interpreted or construed as surviving the completion,
termination or cancellation of this Agreement, shall survive the completion, termination
or cancellation of this Agreement.
12.4 The rights and remedies of the City or the Consultant set forth in any provision of this
Agreement are in addition to and do not in any way limit any other rights or remedies
afforded to the City or the Consuhant by any other provision of this Agreement or by law.
12.5 This Agreement sets forth the entire agreement of the parties, and supersedes any and all
prior agreements, with respect to the Services. No amendment or modification of any
provision of this Agreement (other than changes pursuant to Section 10) shall be valid
unless set forth in a written amendment to this Agreement signed by both parties.
12.6 The invalidity or unenforceability of any provision of this Agreement shall not atrect the
other provisions hereof: and this Agreement shall be construed in all respects as if such
invalid or unenforceable provisions were omitted. The headings of sections of this
Agreement are for convenience or reference only and are not intended to restrict, atrect
or be of any weight in the intetvtetation or construction of the provisions of such sections.
12.7 Consultant shall not commence or prosecute any suit, proceeding or claim to enforce the
provisions of this Agreement, to recover damages for breach of or default in this
Agreement, or otherwise arising under or by reason of this agreement, other than in the
courts of the State of Oregon or the District Court of the United States, State of Oregon.
Consultant hereby irrevocably consents to the jurisdiction of the courts of the State of
Oregon with venue laid in Marion County and of tile District Court of tile United States.
12.8 This Agreement shall be interpreted, construed and enforced in all respects in accordance
with the laws of the State of Oregon.
CITY OF WOODBURN
CITY OF WOODBURN
Date Signed:
By:
Title:
Approved as to Fonn:
CONSULTANT:
MOSS ADAMS ADVISORY SERVICES
A Division of Moss Adams LLP
Date Signed:
By:
Title:
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SCHEDULE A
AGREEMENT FOR PROFESSIONAL SERVICES
City ofWoodbum, Oregon/Moss Adams ILP
The Services
1. MANAGEMENT INFORMA'nON NEEDS
A. Survey userst perceptions of compatibility with existing systems, nature of present
computer applications, te1a.tionslUp to existing networks, aDd present accessibility
to support senrices.
B. InterView managers and heavy users conceming present aDd future information
needs.
c. Critically review future informa6nn needs to identify those that will enhance
economy or efficiency. To the geatest edalt possible cost/beOefit analysis should
be employed to evaluate which needs should be pursuecL
D. RecoIJlD]alCl which applialtinM should be centraUzed. dcceAtta1ized, or distributed.
2. SOFIWARE
A. Review and evaluate na.tuIC aDd app~~ of softwate vri1i7ed in each City
departJDmt or division.
B. RecoIJlD]alCl software and/or piogtamming that will meet future information needs.
Ind.ude RCOIDftVlftI1t1tilvd for IOftware ....rds wbae ~
c. Determine the most feasible approach (or multiple viable a1~) to meeting
the Cityl. software support needs incJnilil\g operating software, appJicatinns
softwaIe, training and custom software.
D. BvIluate and recommend the appropriate steps to resolve any software licensing
issues.
3. HARDWARE
A. Review City's network infrastructure.
B. Recommend improvements to enhance stability and increase network performance.
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SCHFDULE A
AGREEMENT FOR PROFESSIONAL SERVICES
City ofWoodbum, OregonIMoss Adams UP
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c. Review and evaluate nature and ~~ of bardwaIe utilized in each City
department or division.
...
D. RecoIlUllCOd equipment that will run dJC l'ClCOIPnvonded softwaIe.
B. ])etr.nninc method(s) of meeting hardware support needs, including LAN and PC
equipment.
F. PIepare sclletmttic dIawing illustrative of present configuIation of City computa"
system and similar IChermaM il1ustatioDs of any significant changes recom~.
G. Flow Chart.
H. Provide genenl guide1i~ for batdware acquisition.
4. FUNDING
A. Recornnvond methods of funding ft!PJacemenb and additions to the system.
B. ReconuDeDd methods of funding software and hardware support.
c. Recof1"nvwt methods of funding hardware mainteoanee.
s. STAFFING
A. RecoJnnvond mdbocl(l) of pmYidUIg ongoing inJtall,tion, support, troubleshooting
and progIIDl developmeot.
B. Recomnvwl options of intaDa1 VI. outside support, giving pros and coos.
c. Provide quaJifiCSltioos for any recornll\llftlW staff.
6. GENERAL RBQUIRBMBNTS
A. PIepare two progteSS drafts of the Strategic Plan for ,nanagement review.
Incorporate nut~ement'l COD1mMts in subsequent drafts.
B. Prepare a final report, using a five year plSlnning horizon, that will serve as the
City's Data Processing Strategic Plan. It will be a detailed analysis with specific
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MEMO
TO:
Mayor and City Council
FROM:
Chris Childs, City Administrator
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SUBJ.:
Mmlifications to Management/Nml:.Union
Comoensation Package
DATE:
November 7, 1996
RECOMMENDATION: Approve accompanying Council Bill (Resolution) making
certain specific changes to current 1996-97 Management and Non-Union
Compensation Package (previously enacted as Resolution No. 1376 [7-15-96]).
BACKGROUND: On October 21, 1996 the Council met in workshop session to
receive the report and recommendations of PC Northwest. Inc. in respect to the
consultants' study of the City's Management and Non-Union compensation plans.
This was a la1Dl compensation study, designed to evaluate not only salary levels, but
the entire benefit package as well. PC Northwest also updated all existing position
descriptions and, accordingly, conducted an evaluation and made recommendations
concerning the internal hierarchy of this group, consisting of thirty employees. As
noted at the workshop, compensation of the City Administrator was not addressed
by the study.
As this is being written, the final outcome of Ballot Measure 47 Is unknown.
However, there seemed to be consensus among the Councilors at the October 21
workshop that, In the event this measure passed, it becomes even more critical for
the City to fairly and .competitlvely compensate its key employees. The point was
made that more work and more critical decision making responsibilities will be forced
on this group of employees as they endeavor to keep City functions going In the face
of the expected significant revenue losses resulting from the ballot measure's effect.
Based on the information provided by the consultants, PC Northwest, as well
as the discussion by the Council during the October 21 st workshop, I have researched
and formulated the following recommendations for Council approval and
implementation:
1. AdoDt modified ComDetenev/Merit salarY structure. At the workshop, PC
Northwest presented three alternative pay structures for consideration; a
minimum/maximum range option, a straightforward step plan based on longevity of
service, and a combined Competency/Merit structure. Councilors were clear in their
consensus that a Competency /Merit structure was the preferred alternative at this
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Page 2 - Compensation Modifications (11n/96)
time. The modified CompetencyIMerit struCture presented herewith (Attachment -A-
to the Resolution) creates an entry ranae. rather than simply an entry step, slightly
adjusts the other step levels, and a revised merit range provides the incentive that the
most meritorious and exemplary employee could in fact be paid slightly more than
simply the average of his/her Peers.
The modified structure makes It far easier to recognize the general longevity of
many of the affected City employees while still preserving the -merit- aspect of the
salary structure for abovEHIveragewol'k, measured according to objective performance
standards. Also, implementation of this 16-range salary structure will replace an
existing City salary structure that presently includes some fifty (50) ranges or half.
ranges.
2. Authorize olacement of Individual emolovees on Comoetencv/Merlt structUre as
recommended. Attachment wBw to the Resolution identifies the recornmeOded
placements within the new strueture. All placements In respect to grade (range) are
as recommended bv PC Northwest. As noted above, longevity Is properly recognized,
newer employees have room for salary advancement based on competency, and all
employees have room to -groww based on demonstrated merit. The proposed
placements also tend toward rectifying several distinct salary disparities recognized
by PC Northwest during their study, Including secretarial employees, rnId-level police
department managers and supervisors and some Executive Management positions.
Two employees' current salaries fall into what Is recommended as the merit
range; therefore no change Is reconvnended for these Individuals until performance
standards are implemented. SImilarly, I believe it Inappropriate to arbitrarily place
anyone else Initially In the merit range prior to the development of objective
performance measurements. Another employee, Just hired at an entry level, will
remain unchanged until moving to a competency step after one year. Maintenance
of current salary for yet another employee, until review at July 1, 1997 Is
recommended to balance a salaryl10ngevity disparity created through a previous
promotion-related situation.
3. 'mDlementatlon be retroactive to November 1. 1996 to Include the endre
November Dav oerlod. As noted during the workshop, funding is available to
implement at this time. From an employee perspective, this study has undoubtedly
seemed to take an agonizingly long time and any compensation disparities should be
addressed and remedied at the earliest opportunity. Additional monthly cost lincluding
all related payroll/benefit expense), based on the employee placements recommended,
will be approximately $6,428. Generally, the cost for the balance of the 1996-97
fiscal year breaks down as follows:
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General Fund
Ubrary Fund
Rec. & Parks/RSVP
Public WorksIT&E
$20,365
$3,572
$11,064
$16,427
~==~_::~I"'1sfra1Dr to take _n( .cdon reoan;tlnll dqelooment of
n mndarda and evaluation criteria. During the workshop it was
agreed that fair and objective performance standards are essential In making any kind
of merit-based system work properly. Until performance standards are in place, it
is difficult and Inappropriate to consider merit range adjustments, which has the
potential for unfairly penalizing deserving employees. If, after exploring available
options,1t appears that a new or extended consulting contract will be required, I will
bring this forward for appropriate Council action along with documentation describing
scope of work.. etc.
:;. :.:~: =;..=.:~ ~os Into Merit Ranae unUl P:~=:
n 8 s ahan there be anv such Increage DMr to
JulY 1. 1997-"- This allows time for performance standards to be developed and
Implemented and establishes time lines for budgetary purposes.
~ =':::'-::'''''c:::'=~c~ dillin, ~ July. '9~7 :: ~
la a e.. to Merit Aanqe ahan onlY occur on the
,;;;;;~~~'s estabBshed annlversarv date. This Is consistent with existing City
personnel policy that recommendations for salary increases only occur in conjunction
with an evaluation conducted on or around the employee'S anniversary date. The
.one-time-only- window in July 1997 allows for a case-by-case review of employees
whose anniversary dates fall between. now, at the implementation of the revised
salary structure. and the July 1, 1997 implementation of performance standards.
7. No Inltlallncrea.. from Comoetencv SteD C Into Merit AanQ8 may exceed a 6%
Increase In base salarv. This will help to offset any temptations toward undue
subjectiVity in initially placing an employee too high In the Merit Range. It also leaves
room for continuing merit to potentially be further rewarded as appropriate.
8. ~ =~= low end of lItt "Entrv Range" IIf tIl,~
:m~,:~.:~;:.:;~;;..;~~ ~ ~~ for .dvancem8lJl1P the uop:.~ :~
: ~~:==: . 6 month. In lit, IIQlIitlolJ. fQIQlIvtd bv =:
:= =oreke,,:,::,=:;;~~=~f:: 10 ~.......nC'( Ii. A, ~=.::
== ':"~ ~= r __ ltrV Ran", may bt consl~~
e t t;n~; S~;~ · i.. unon comDletion of one full vear of service.
Such a policy is consistent with advancement opportunities under the City's old
range/step plan and, with the new Competency/Merit structure, offers some degree
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Page 4 . Compensation Modifications (11n/96)
of incentive to managers and department heads to hire at the lowest possible entry
level whenever possible.
9. Minimum oerlod for consideration of advancement between ComDetencv Steps
shall be one full vear of service. Annual increments are logical, generally coincide
with annual performance evaluations and are consistent with the City's past practice.
This pertains to advancement between Competency Steps only and does not fully
reflect movement from Entry Range to Competency Steps (described in #8 above) or
from Competency Steps to Merit Range (described in 16 above).
10. Effective June 30. 1997. the exlstlnQ .Derformance bonus. svstem be
eDmlnated. The new Merit Range system effectively accomplishes what the long-
standing .performance bonus. system was intended for; to recognize and give proper
incentive for superior performance. Any such performance bonuses awarded between
now and June 30th will be factored into the July 1997 -case-by-case- reviews
described in 16 above.
11. Effective immedlatelv. Council Resolution #1081 (SeDt. 9. 19911 be renealed.
Section 1 of that resolution established range/steps for selected employees, which
become moot upon adoption of the proposed Competency/Merit salary structure.
Section 2 called for the Council to set minimum/maximum ranges for Executive
Management personnel. at the outset of a recruitment process. This too, would
become moot with the adoption of the new salary struCtUre. Section 3 called for
Council approval, on a casHy.case basis, of any merit increases proposed for
Executive Management employees. As was pointed out at the Oct. 21 workshop, an
employee'S salary is a sensitive and personal issue that, even though it is technically
a public record, should generally not be subject to debate In a political arena.
~~ ::0"::" acrov-tlJt-boJrd ~LA tnc:reuas.... \JnIIIam8nt8d. an -- .DC!
_ 0---- ____;d In the ComoetencvlMerlt structure Increase accordlnQIv. This
keeps the City's compensation package competitive in terms of external dynamics and
will prevent or delay the salary .compression. phenomenon we have previously
experienced (when the salary levels of subordinate employees begin to encroach on
the salary levels of their supervisors). While the minimum/maximum limits of the
Merit Range will increase with any COLA, this does not guarantee that the individual
salary of someone in the Merit Range will increase accordingly. However, some
thought should be given to the potential effects, again in respect to .compression"
from subordinates' salary levels, by not doing so. Nevertheless, the prospect for
further advancement for anyone in the Merit Range would increase by virtue of the
COLA increase.
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Page 5 - Compensation Modifications (11n/96)
13. CItY contribution to emolovee deferred comoensatlon accounts to continue for
an emaloyees who contribute an eaual or areater share. Historically, the City of
Woodburn has contributed 2% of salary to the deferred compensation accounts of
Management and Non--Union employees. Initially, this was one of a series of
-innovative- offsets in lieu of granting outright salary increases to this class of
employees. It also served as a basic incentive to employees to save for retirement
outside of the context of the City's regular pension plan program. In determining that
the City's benefit package is .comparable to the market-, PC Northwest considered
the impact of this benefit with all others. Therefore, to eliminate it would have the
effect of reducing our -total compensation package-. However, in continuing this
benefit, I would recommend that the benefit be extended only to those employees
who are willing to contribute a like amount toward their future well.being. This is
similar in concept to the private sector 401 K, where employers -match- the amounts
contributed by the employee~ often to as high as 6% of salary.
14. All other existlnQ ManaoementINon..union benefits continue unchanaed. These
items round out a truly up-to-date -total compensation package- and Include such
things as health and dental insurance, retirement plans, established vacation/sick!
holiday leave allocations, certification pay, etc.
~: :':. = thalt allY at thai """'" DOn. .,.. .. ~ wllb the CIt1('s
e . a 1118 Persomel Manual shall be amended to reflect the CIty's
precedinq DOncles. This ensures consistency and, to the extent possible, eliminates
ambiguities In the appUcation of personnel policies. It should be noted that such
changes to the Personnel Manual are exclusive of conflicting provisions that may be
contained In either of the two existing ~lIective bargaining agreements with the two
other major City employee groups, represented by AFSCME and the Woodburn Pollee
Association.
~ ll..th::: ~ ::'" ~ ImDlement8tlgro -. that ... not spec:IfIC8ly Incllllled
I d 0 Resolution are Incomorated as Attachment -C- to the Resolution.
· Rules of Imolementation- .
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COUNCIL BILL NO. 11f-(
RESOLUTION NO.
A RESOLUTION ADOPTING A COMPETENCY/MERIT SALARY STRUCTURE FOR
MANAGEMENT AND NON-UNION EMPLOYEES; AUTHORIZING PLACEMENT OF
INDIVIDUAL EMPLOYEES ON THE SALARY STRUCTURE; EST ABUSHING RULES OF
IMPLEMENTATION: AND REPEALING RESOLUTION NO. 1081.
WHEREAS, the City Council is obligated per Section 11 of the Woodburn City
Charter to establish compensation for each City offICer and employee, and
WHEREAS, the City Council desires to see that City officers and employees are
compensated fairly and equitably, and
WHEREAS, the City has engaged the services of a consulting firm, PC
Northwest, Inc., to .review the City's total compensation package for its management
and non.union employees, and
WHEREAS, PC Northwest, Inc. has presented its report, findings and
recommendations, and
WHEREAS, the City's Rscal Year 1996-97 budget was prepared in a manner
to anticipate compensation adjustments that might be deemed necessary: NOW
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Competency/Merit Salary Structure for all management/non
union employees attached hereto as attachment · A. is hereby adopted.
Section 2. That the placement of individual employees on the
Competency/Merit Salary Structure is hereby authorized as specified in attachment
-Bw. .
Section 3. That the Rules of Implementation for the Competency/Merit Salary
Structure attached hereto as attachment .C- are hereby adopted.
Section 4. That the adjustments listed in Sections 1 through 3 above are
retroactive to November 1, 1996.
Page 1 -
COUNCIL BILL NO.
RESOLUTION NO.
'II"
.LVuP
Section 5. That when any Mure across-the-board COLA increases are
implemented, all steps and range limits contained in the Competency/Merit Salary
Structure shall be increased accordingly.
Section 6. That the City shall contribute an amount equal to 2% of salary to
applicable employee deferred compensation accounts provided that each employee
contributes an equal or greater share. .
Section 7. That all other existing management/non-u~ion benefits shall
continue unchanged.
Section 8. That to the extent that any of this Resolution is in conflict with the
City's Personnel Manual, the Personnel Manual shall be amended to conform to this
Resolution. The City Administrator is directed 'to take whatever steps are necessary
to assure conformance.
Section 9. That Resolution No. 1081 is hereby repealed.
Approved as to form: Is! N. 8clbert $hleldl;
City Attorney
Date
APPROVED:
Nancy A. Kirksey, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
RIed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodbum, Oregon
Page 2 -
COUNCIL BILL NO.
RESOLUTION NO.
...
.1 Uti
IIATTACHMENT C"
Competencv/lYlerit Salary StRIcture
Ru'es of Implementation
(November 1996)
1. The City Administrator shall take necessary action to ensure the development of
suitable performance standards and evaluation criteria for us~ with this salary
structure.
2. No salary increases from Competency Steps into the Merit Range shall be granted
until performance standards are implemented and, in no case, shall there be any such
increase prior to July 1, 1997.
3. With the exception of a one-time-only review during the July, 1997 pay period,
salary Increases from Competency Step .C. into the Merit Range shall only occur on
the employee's established anniversary date.
4. No initial increase from Competency Step .C. into the Merit Range may exceed
a 5 % increase in base salary. .
5. An employee hired 8t the beginning level of the Entry Range may be considered
for advancement to the upper end of the Entry Range upon completion of 6 months
in the position, followed by a one-year period before consideration of advancement
to Competency Step · A..
6. An employee hired at any other level of the Entry Range may be considered for
advancement to Competency Step · A. upon completion of one full year of service.
7. The minimum period for consideration of advancement between Competency
Steps shall be one full year of service.
8. Effective June 30, 1997, the existing .performance bonus. system shall be
eliminated.
".
~v~
"ATTACHMENT 8"
proDOse4 _n1ovee Placements
(Based on K04i~ie4 COaDetencv/llerit Sa1arv structure)
Administrative Secretary (NK)
Administrative Secretary (SP)
Aquatic Center Manager
AqUatic PrograJI Manager*
Asst.. Aquatics Manager
bat. City Engineer
Asst. WW'l'P superintendent
Building Official
Chief of Police
city Recorder
Code Enforcement Officer
Co..unity Development Dir.
Execut! ve Secretary
Finance Director
Library Director
parks superintendent
Police Lieutenant (DE)
Police Lieutenant (PH)
Police sergeant (SR)
police serqeant (AD)
police sergeant (RA)
Police sergeant ('1'T)
Public WJcs. Prograa )(gr.
Public Wor1c8 Director
Ree. ~ Parks Director
Recreation Coordinator I (TW)
Recreation Coordinator II (BS)
RSVP Program COordinator
street superintendent
Water superintendent
WWTP Plant SUperintendent
.PosItion created since PCNW study
Grade 01
Grade 01
Grade 06
Grade 01
Grade 03
Grade 11
Grade 08
Grade 09
Grade 15
Grade 08
Grade 02
Grade 14
Grade 03
Grade 14
Grade 12
Grade 08
Grade 12
Grade 12
Grade 09
Grade 09
Grade 09
Grade 09
Grade 11
Grade 16
Grade 13
Grade 03
Grade 04
Grade 04
Grade 08
Grade 08
Grade 11
competency step B
Competency Step C
competency Step A
No Cbq./Entry Range
Competency step A
competency Step C
Competency step C
Competency step C
Competency step c
Competency step C
No Cbq ./Merit Range
competency step C
competency step C
competency step A
Competency step C
COmpetency step C
competency step C
Competency step C
No Chg.JC @ 7/1/97
competency step C
competency step C
competency step C
competency step C
No Q1q. /lferit Bange
Competency step C
Competency step C
competency step C
competency step A
Competency step C
COmpetency step C
competency step C
11"
CITY OF WOODBURN
COMPETKNCYIMERIT SYS'IEl\l
SALARY STRUCTURE
lUll
coapetency steps
Grad. bUy ItaDq. .step A step B step C .erlt 1laDq.
1 2,019 - 2,120 2,226 2,337 2,454 2,515 - 2,641
2 2,120 - 2,226 2,337 2,454 2,577 2,641 - 2,773
3 2,225 - 2,336 2,453 2,576 2,705 2,772 - 2,911
4 2,337 - 2,454 2,577 2,705 2,841 2,912 -. 3,057
5 2,454 - 2,577 2,706 2,841 2,983 3,057 - 3,210
6 2,576 - 2,705 2,840 2,982 3,131 3,209 - 3,370
.
7 2,705 - 2,840 2,982 3,131 3,288 3,370 - 3,539
8 2,840 - 2,982 3,131 3,288 3,452 3,538 - 3,715
9 2,982 - 3,131 3,288 3,452 3,625 3,715 - 3,901
10 3,131 - 3,288 3,452" 3,625 3,806 3,901 - 4,096
11 3,288 - 3,452 3,625 3,806 3,997 4,096 - 4,301
12 3,452 - 3,625 3,806 3,996 4,196 4,301 - 4,516
13 3,625 - 3,806 3,997 4,196 4,406 4,516 - 4,742
14 3,806 - 3,996 4,196 4,406 4,626 4,742 - 4,979
15 3,997 - 4,197 4,407 4,627 4,858 4,980 - 5,229
16 4,196 - 4,406 4,626 4,857 5,100 5,228 - 5,489
UATTACHMENT A"
...
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CITY OF WOODBURN
280 Garfield Street . Woodburn, Oregon 97071 . 982-5252
Library
MEMORANDUM
FROM:
City of Woodburn Mayor and City Council, through
Chris Childs, City Administrator
Linda Sprauer, Library DirecloriAh
November 6, 1996 ,~
TO:
DATE:
RE:
Intergovernmental Agreement Contract
RECOMMENDATION: Approve the accompanying Council Bill (resolution) authorizing the
City to enter into 1996-97 Service Contract with Chemeketa Cooperative Regional Library
System (CCRLS).
BACKGROUND: For a number of years the City of Woodburn has been a participating
member in the CCRLS program. This participation is founded on Intergovernmental
Agreements entered into between Chemeketa Community College and the respective
member agencies. In recent years, the Council has been asked to approve annual
amendments to the underlying agreement. However. the Chemeketa Business Office has
requested entirely new contract again this year. noting there were only a few changes in the
wording. The last action for fiscal year 1995-96 was taken by the Woodburn City Council on
October 23, 1995.
Last fiscal year Woodburn received $34.047. in total. from CCRLS. I expect the amount to
be received from this source for the 1996-97 fiscal year also to be upwards of the $28,000 in
the budget.
I have asked that N. Robert Sheilds review the document in comparison with that of last
year.
""
COUNCIL BILL NO. i7lc,f)-
toe
RESOLUTION NO.
A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH
CHEMEKETA COMMUNITY COLLEGE FOR PARTICIPATION IN THE CHEMEKETA
COOPERATIVE REGIONAL UBRARY SERVICE (CCRLS) AND.AUTHORlZING THE
MAYOR TO SIGN SAID AGREEMENT.
WHEREAS, the City has, for a number of years, participated in the Chemeketa
Cooperative Regional Library Service (CCRLS); and
WHEREAS, participation in CCRLS enables city residents to have access to free
reciprocal borl'o'Mng privileges and the use of an automated library system involving other
participating libraries; and
WHEREAS, it is in the interest of the city to continue this service; NOW.
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Mayor is authorized to execute an intergovernmental
agreement with Chemeketa Community College for participation in the Chemeketa
Cooperative Regional Library Service (CCRLS).
Section 2. That a copy of said agreement is attached hereto and, by this
reference, is incorporated herein.
ry'.'fv<r ~.
Approved as to form: J -
City Attorney
11- 7 - '7 b
Date
APPROVED:
Nancy A. Kirksey, Mayor
Page 1 -
COUNCIL BILL NO.
RESOLUTION NO.
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Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 2 -
COUNCIL BILL NO.
RESOLUTION NO.
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CONTRACT NUMBER #089 - 97
INTERGOVERNMENTAL AGREEMENT
This agreement is made and entered into the day of October, 1996, by and
between CHEMEKETA COMMUNITY COLLEGE hereinafter called COLLEGE and
WOODBURN, OREGON, an Oregon municipal corporation, hereinafter called the CITY.
WITNESSETH:
The purpose of this agreement is to provide for the participation of the library of CITY
OF WOODBURN in the CHEMEKETA COOPERATIVE REGIONAL LIBRARY
SERVICE (CCRLS) under. the tenns and conditions set forth below.
NOW, THEREFORE, in consideration of the mutual obligations and benefits herein set
forth:
1.0. TERM AND TERMINATION
1.1 Parties agree that the tenn of this agreement shall be from July 1, 1996 through
June 30, 1997 subject to the conditions for renewal and/or tennination as
provided herein.
1.2 Upon amendment of budgeted figures, this agreement shall be automatically
renewed for a period of one (1) year at its expiration unless agreement is
tenninated as provided herein.
1.3 This agreement may be tenninated by mutual consent of both parties or by either
party upon 30 days notice in writing and delivered by mail or in person.
1.4 . The College may tenninate this agreement effective upon delivery of written
notice to CITY or at such time, under any of the following conditions:
1.4.1 If funding from federal, state, or other sources is not obtained or continued
at levels sufficient to allow for the purchase of the indicated quantity of
services. This agreement may be modified to accommodate a reduction
in funds.
1.4.2 If federal or state regulations or guidelines are modified, changed, or
interpreted in such a way that the services are no longer allowable or
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appropriate for purchase under this agreement or are no longer eligible for
the funding proposed for payments authorized by this agreement.
1.4.3 If any license or certificate required by law or regulation to be held by
CITY to provide the services required by this agreement is for any reason
denied, revoked or not renewed.
1.5 Either party may terminate this agreement upon the other's material breach of
any of its terms, by giving written notice to the party in breach at least 60 days in
advance of the effective date of termination. Cure of the breach by the party in
breach within the 60 day period shall void the notice of termination.
1.6 This agreement, and any subsequent renewal may be terminated by either party
without breach by the other upon giving written notice to the other party no later
than May 1 of any year. Termination shall be effective at midnight on the
following June 30. It is the intent of this paragraph that the parties recognize an
obligation of good faith to create and continue by virtue of this agreement and
successive renewals, a long term relationship.
1.7 In the event either party terminates this agreement, COLLEGE shall provide to
CITY its current bibliographic, borrower, and circulation records and databases in
machine readable media and format
1.8 Any such termination of this agreement shall be without prejudice to any
obligations or liabilities or either party already accrued prior to such termination.
1.9 In the event that the CCRLS activities of the COLLEGE should cease and the
assets and operations of CCRLS are not assumed by a successor providing
equivalent service, then all assets of the CCRLS Automated System shall be
transferred to participating cities without charge.
2.0 COMPENSA liON .
2.1 The COLLEGE will make the following payments to the CITY as compensation
for the CITY providing nonresident library service for the residents of the
COLLEGE District. Payments in 19ge.97 shall be based on circulation and
renewals of CITY materials as counted by the CCRLS automated integrated
library system. CITY shall be reimbursed for each circulation and renewal of its
materials to district residents outside its CITY boundaries, but within the
COLLEGE district. Of the $588,300.00 designated for reimbursement among
CCRLS libraries in 1996-97, $147,075.00 shall be paid each quarter. CITY'S
share of each quarter's reimbursement shall be computed based upon its
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percentage of the total circulations and renewals made that quarter by CCRLS
libraries to district residents.
3.0 RESPONSIBlunES OF COLLEGE
3.1 Under the tenns of this agreement the COLLEGE shall:
3.1.1 Provide for the fiscal and administrative management of the Service.
3.1.2 Maintain the following:
a. The Chemeketa Regional Library Advisory Committee hereinafter
referred to as the CCRLS Advisory Committee, through which
recommendations on policies of the Service can be expressed.
Exhibit "A" as attached included the present membership of the
CCRLS Advisory Committee.
b. An ongoing liaison with Polk, Yamhill and Marion Library
Association (or their executive committee) through which
recommendations on procedures and their implementation can be
expressed.
3.1.3 Provide operation and maintenance of the CCRLS Automated System
and related databases, including:
a. COLLEGE, through CCRLS shall maintain bibliographic,
circulation, and borrower data in an automated database
management system. Design, applications, and enhancement of
the automated system database management system shall be
subject to revieW by the Automation Committee any proposed
changes in design or operation of the system.
b. COLLEGE, through CCRLS, shall manage the CCRLS automated
system under the tenns of this AGREEMENT and other applicable
agreements with vendors and participating library so that CllY has
access to its bibliographic, circulation, and borrower records during
library business hours, and at other times as agreed between the
CllY Library Director and the CCRLS Coordinator. The
management responsibility for the automated system includes the
obligation of CCRLS to monitor and evaluate entries for new
materials and retrospective conversion of cataloging of old
materials in order to maintain the highest quality bibliographic
MARC database.
3
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c. COLLEGE, through CCRLS, shall acquire and provide for effective
maintenance and support of all present and future central and
remote automated system equipment at its own expense; and
provide for secure installation and housing for automated system
except such automated system equipment as is acquired by CITY
for installation at its library, or as otherwise provided in ~6.3 of this
agreem~nt.
d. COLLEGE, through CCRLS, shall coordinate and assume cost for
installation of telecommunications equipment and lines at CITY's
central and branch libraries for use with automated system. Parties
agree that CCRLS does not control, and therefore cannot warrant,
the telecommunication networks used to communicate data from a
remot~ site, nor does this agreement cover maintenance of
telecommunication lines.
e. COLLEGE, through CCRLS, shall acquire and furnish to CITY
certain. necessary supplies, such as utilities, report fonns, reserve
notices, bar codes, overdue notices, magnetic tapes, and other
supplies except screen printer paper and ribbons which may be
required to provide the services of automated system to CITY.
f. COLLEGE, through CCRLS, shall coordinate all service, support,
and maintenance necessary to the proper operation of automated
system; and shall enforce rules and standards for use of automated
system by participating libraries. CITY shall enter, retrieve, modify,
and delete data in and from automated system in accordance with
those rules and standards. As part of the obligation to provide for
service, support and maintenance, COLLEGE shall maintain
agreements for hardware maintenance and software support with
AMERITECH LIBRARY SERVICE. CCRLS shall provide
reasonable approved maintenance and support for automated
system hardware and software not provided by AMERITECH
LIBRARY SERVICE. CCRLS shall provide reasonable prior notice
to CITY when system operation must be suspended for operational
or maintenance requirements. CCRLS shall exercise its best
effortS to schedule such periods of suspension during hours when
CITY's libraries are dosed. Except for suspension of operation for
necessary system maintenance or because security of the CCRLS
automated system database or software is compromised or
damaged, CCRLS shall not -lock our CITY tenninals from
automated system. COLLEGE, through CCRLS shall provide one
or more dedicated telephone lines to serve the system, and related
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telecommunication equipment as provided in the agreement with
the vendor for the automation system, and pay all related
installation, acquisition, maintenance, and use cost.
g. COLLEGE, through CCRLS, shall regularly backup CCRLS
automated system data and store the media containing such
backup in a secure facility. In the event of system malfunction or
loss of data, CCRLS shall promptly restore the most recently
backed up date to the system once it is again functioning. No
liability is assumed by CCRLS if the automated system experiences
down time.
h. COLLEGE, through CCRLS, shall provide training for at least one
CITY staff person at any time the automated system operating
systems or procedures are changed, enhanced, or otherwise
revised. CCRLS shall provide up to date user manuals for CITY's
staff. All other training of CITY staff shall be the responsibility of
CITY. CITY shall designate one staff position responsible for
coordinating training and operations matters with the CCRLS staff
person responsible for automation system operations.
i. COLLEGE shall provide and maintain appropriate space for the
central computer facility serving CCRLS automated system.
j. COLLEGE shall provide for general maintenance and utilities to
support the CCRLS automated system. This obligation includes
janitorial service, maintenance painting as necessary, structural
repairs, lighting and electrical system maintenance, and HVAC
maintenance.
k. COLLJ:GE shall, while in possession of the computer system
hardware, including peripheral devices, repair or replace as
necessary any such items which are lost, physically damaged, or
destroyed as a result of fire, theft. vandalism, or other sudden and
unforseen occurrence which would be a peril insurable under a
standard foo11 electronic data processing property insurance policy;
provided that CITY shall have no obligation under this paragraph
with the acts of vandals gaining access to the computer system,
programs, or data tangible components of the system; and,
provided further, that CITY shall not be liable under this agreement
for any consequential damages incident to any loss covered under
this section.
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I. COLLEGE shall provide personnel for the operation of the system.
"Operation" includes: use of supplied software to generate reports,
notices, lists, and similar documents and files; preparation and
mailing of over due notices, hold notices, reports, billings, and other
specified documents produced for routine system operation by the
vendor(s) of the system and its installation, maintenance, or
support of software, or the maintenance, repair or replacement of
hardware or finnware.
m. COLLEGE, through its governing board, retains final authority over
the policies and decisions relating to budget, operating procedures,
system design, participation by other libraries, and other like issues
of a general policy nature affecting their operation of CCRLS and
automated system. The board, however, shall not take such
actions without the recommendation of the CCRLS Advisory
Committee.
n. COLLEGE shall provide free reciprocal borrowing privileges to
patrons of the service, subject to the existing rules and procedures
of the COLLEGE library.
o. COLLEGE shall provide a monthly accounting and quarterly
reporting of expenditures under this program to the CCRLS
Advisory Committee.
p. COLLEGE shall reimburse CITY for library materials borrowed by
non-residents under this AGREEMENT and not returned by the
borrowers within six months of due date. CITY hereby transfers
and assigns all interests in such materials, and all rights to unpaid
overdue fines with respect thereto to COLLEGE.
q. COLLEGE shall provide regular courier service between the
participating libraries.
4.0 RESPONSIBILITIES OF CITY
4.1 Under the terms of this agreement the CITY shall:
4.1.1 Provide free borrowing privileges to card holding residents of the College
District subject to the existing rules and procedures of the CITY library.
4.1.2 Provide non-resident library cards or borrowing privileges free of charge to
residents of the CCRLS district upon application and consistent with
6
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CITY's regulation and policies applicable to residents of CITY; provided,
however that CITY shall not be obligated to provide cards or borrowing
privileges free of charge to residents of the City of Keizer. CITY may
charge Keizer residents for library use and card privileges provided that
the cost does not exceed $25 per household without prior written approval
of COLLEGE.
4.1.3 Provide reference and infonnation services to patrons of the participating
libraries of the CCRLS District in cooperation with the College and other
participating libraries. The cost of such service shall not exceed the
adopted CCRLS budget inclusive of personnel costs, telephone, FAX,
external database search, copy machine, reference materials, and
associated expenses.
4.1.4 Provide for the regular participation of the library director in meetings of
the Polk, YamhiU and Marion Library Association and as may be
necessary in meetings of the CCRLS Advisory Committee. Regular
participation shall be defined as attendance at six (6) PYM Association
meetings. Attendance at the September meeting of the PYM Association
is mandatory for the CITY library director.
4.1.5 Assumes full responsibility for the accuracy of data at its entry into the
automation system database, and for updating that data accurately to
reflect the proper links to the material in its library. Such data includes,
but is not limited to Barcode number, library location, volume number, call
number, copy number, type of material, status, etc.
4.1.6 Take reasonable measures to protect equipment in CITY's possession
from abuse, theft, and misuse, CITY shall, while in possession of the
computer system hardware~ including peripheral devices, repair or replace
as necessary any such items which are lost, physically damaged, or
destroyed as a result of fire, theft, vandalism or other sudden and
unforeseen occurrence which would be a peril insurable under a standard
fonn electronic data processing property insurance policy; provided that
CITY shall h~ve no obligation under this paragraph with respect to loss
resulting from defect in the computer system itself, or from the acts of
vandals gaining access to the computer system, programs. Or data
through the system's modem and not by the application of physical force
to the tangible components of the system; and, provided further, that the
CITY shall not be liable under this AGREEMENT for any consequential
damages incident to any loss under this section.
4.1.7 Prepare, provide, and maintain the furniture and physical location for
7
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installation of automated system terminals and equipment in its library.
This responsibility includes cable installation, electrical power, and
environment, all meeting manufacturer and vendor specifications.
5.0 LIABILITY
5.1 Each party agrees to waive, forgive, acquit and discharge any and all claims it
may otherwise have against the other or the officers, employees and agents of
the other, for or resulting from damage to or loss provided, however, that this
discharge and waiver shall not apply to claims by one party against any officer,
employee or agent of the other arising from such person's malfeasance in office,
willful or wanton neglect of duty, or actions outside the course and scope of his
or her official duties.
5~2 Each party shall insure or self-insure, and be independently responsible for, the
risk of its own liability for claims within the scope of the Oregon Tort Claims Act.
6.0 MISCELLANEOUS PROVISIONS
6.1 CITY performs under this contract as an independent contractor. Neither CITY
nor its officers, employees and agents engaged in operation of the system under
this article are agents of COLLEGE for any purpose.
6.2 City may request that CCRLS provide specialized reports not regularly generated
by automation system. CITY shall reimburse CCRLS for the. cost of providing
such special reports.
6.3 City may purchase equipment and software to expand and enhance its own
operations; provided that such equipment and software is acceptable to CCRLS
as compatible with the automated system. CITY shall not connect or install any
such equipment or software without the review and written approval of CCRLS
after at least 90 days prior to notice by CITY.
6.4 Except as to equipment and software purchased by CITY under ~6.3, all
automated system hardware, software, and other capital equipment shall remain
the property of CCRLS, and CITY shall have no claim thereto other than the right
to use thereof under this AGREEMENT.
6.5 The parties agree that all circulation data which would in any way identify a
particular library user or the materials borrowed by any user are confidential and
exempt from disclosure under the Oregon Public Records Law. Each party shall
8
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refuse disclosure of any and all such data unless ordered by the District
Attorney.
7.0 AMENDMENTS
The terms of this agreement shall not be waived, altered, modified, changed,
supplemented or amended in any manner whatsoever except by written
instrument signed by the parties. .
8.0 NOTICE
8.1 Any notice required to be given CITY under the agreement shall be sufficient if
given in writing to the CITY's Ubrary Director.
8.2 Any notice required to be given COLLEGE under the agreement shall be
sufficient if given in writing to the COLLEGE's CCRLS Coordinator.
FOR THE CllY OF WOODBURN:
FOR THE COLLEGE:
Nancy A. Kirksey
Mayor-City of WOODBURN
270 Montgomery Street
WOODBURN, Oregon 97071
(503)982-5222
H. Philip Barth
Director-Business Services
P. O. Box 14007.
Salem, Oregon 97309-7070
(503)399-5079
9.0 CONTACT PERSONS FOR THIS CONTRACT
Unda Sprauer
Woodburn Ubrary Director
280 Garfield Street.
Woodburn, Oregon 97071
(503)982.5263
Unda Cochrane
Coordinator-CCRLS
P. O. Box 14007
Salem, Oregon 97309.7070
(503)399-5105
SIGNATURES
This contract and any changes, alterations, modifications, or amendments to it shall not
be effective until approved by the appropriate representative of the parties hereto.
In witness whereof, the parties hereto have caused this agreement to be executed on
the date set forth below.
9
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FOR THE CITY OF WOODBURN:
Signature
Nancy A. Kirksey
Mayor-City of WOODBURN
Date
APPROVED:
Linda Sprauer
Library Director
FOR CHEMEKETA
COMMUNITY COLLEGE:
d 4+ d~
Signature .
H. Philip Barth
Director of Business Services
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Date
10
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.&. V ""
CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE
Advisory Committee
1996 -1997
Ellen D. Levine, Chair
Marion County Lay Member
4039 Oakman Street S.
Salem, OR 97302
tenn expires: 6/30/97
(b)399-5239
(h)371-3974
Bradley Smith, Vice Chair
Yamhill County Lay Member
2725 Leathers Lane
McMinnville, OR 97128 (b)864-2273
tenn expires: 6/30/97 (h)472-6401
Margaret Barnes
Director, Dallas Public Library
950 Main Street
Dallas, OR 97338 (b)623-2633
tenn expires: 6/30/98
Phyllis Bauer
Marion County Lay Member
1190 Randolph Road
Woodburn, OR 97071 (h)981-o907
tenn expires: 6130/99
Sue Buel
Yamhill County Lay Member
20625 S.W. Highway 18
McMinnville, OR 97128 (h)843-2009
tenn expires: 6130/98
Linda Cochrane, CCRLS Coordinator
Director, Chemeketa College Ubrary
4000 Lancaster DriveIP. O. Box 14007
Salem, OR 97309-7070 (b)399-5105
George Happ
Director, Salem Public Library
585 Liberty Street S.E./P.O. Box 14810
Salem, OR 97309 (b)588-6071
Harvey Jobe
Polk County Lay Member
414 Stadium Dr. S.
Monmouth, OR 97361
tenn expires: 6/30/98
(b )838-0480
(h)838-5768
Kevin G. Marshall
Polk County Lay Member
1048 S. W. Clay Street
Dallas, OR 97338
tenn expires: 6130/99
(h)623-5081
Linda Sprauer
Director, Woodburn Public Library
280 Garfield Street
Woodburn, OR 97071 (b)982-5259
tenn expires: 6/30/97 (h)981-6011
Anne Van Sickle
Director, McMinnville Public Library
225 North Adams (b )434-7 433
McMinnville. OR 97128 (h)434-1590
tenn expires: 6130/99
Ex Officio Members
Joanne Aebischer
Automated Systems Coordinator
Chemeketa Community College
4000 Lancaster DriveIP. O. Box 14007
Salem, OR 97309-7070 (b)399-5202
Mary Ginnane, Admin. of Library Dav.
Oregon State Ubrary
State Library Building
Salem, OR 97310 (b)378-2112
Sharman Gerdes, PYM Chair
Director, Monmouth Public Library
168 S. Ecols Street
Monmouth, OR 97361
Bob Wells, Assistant City Manager
City of Salem
555 Liberty Street S. E.
Salem, OR 97301 (b)588-6255
Secretary
Eileen Buyserie
Chemeketa Community College
P. O. Box 14007
Salem, OR 97309 (b )399-5039
Revised 9/4196
'''''
MEMO
ton
TO:
Mayor and City Council
FROM:
Chris Childs, City Administrator
a~
SUBJ.:
BugJution - in Opposition to Prison
$iting/Construction i(1 Marion County
DATE:
November 6, 1996
Mayor Kirksey has requested that a resolution be prepared for Council
consideration wherein the City Council would go on record as opposed to the siting
or construction of any new state-run adult correctional facilities in Marion County.
As you know, -Salem is on the state's .short list. of possible sites and there
was previously some discussion concerning a site in or near Hubbard, although
Hubbard has not been nominated in the current round of siting proposals by the state.
The mayors' coalition of Marion and Polk Counties continues to actively oppose
the location of any more prisons in the mid-Willamette Valley area.
Ill"
ton
COUNCL BILL NO. (1 &'6
RESOLunON NO.
A RESOLunON OPPOSING lHE SITlNG AND/OR CONSTRucnON OF NEW STATE-
RUN ADULT CORRECllONAL FACunES
WHEREAS. the City of Woodburn has an Interest in assuring a balanced
local economy comprised of many types of business enterprises, and
WHEREAS. the City of Woodburn has willingly borne the impacts of a
state-run correctional facility (e.g. Maclaren School), both positive and negative, for
many decades, and
WHEREAS. the State of Oregon Is embarking on a major effort to site and
construct additional new faciUtles, and
WHEREAS. other communities throughout Oregon actively seek the
perceived economic benefits that a state-run correctional facility may bring, and
WHEREAS. Marion County. generally hosts more than its proportionate
share of state.run correctional facilities (Including Maclaren School), and
WHEREAS. the Impacts resulting from the placement of additional state.
run correctional facilities Is of great concern to the local government agencies that
already provide services to the existing faclUtles, NOW THEREFORE,
lHE an OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Woodburn City Council opposes the siting and/or
construction of any new state-run edult correctional faciUtles within Marion County~
and
Section 2. That a copy of this resolution be provided to the Marion
County Board of Commissioners and other interested agencies as deemed appropriate.
Approved eo to fO;}\ ~ $/"'J 11- 1- - i b
City Attorney Date
APPROVED:
NANCY A. KIRKSEY. MAYOR
Page , COUNCIL M.1. NO.
RESOW11ON NO.
""
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
A lTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 2
COUNCIL BIJ. NO.
IESOlUTION NO.
",n
10D
tOE
MI;MO
TO:
FROM:
Mayor and City Council
It!;. I< Nancy A. Kirksey. Mayor
SUBJ.:
SpeciaLMeeting Proced.umLChanges
DATE:
November 6, 1996
It is my recommendation that certain procedural modifications be made to the
manner that we conduct special meetings of the Council.
I recommend that when special meetings are scheduled in the future, we
include in the meeting notice the specifIC topic(s) for which the meeting is called, as
well as a new -Staff Reports- heading and a -Mayor & Council Reports- heading.
Both of these new headings will include a written disclaimer that no formal action will
occur as a result of such discussion.
These new headings will give staff an opportunity to update the Council on
various matters as well as give Councilors the opportunity to comment on Issues that
may be timely.
Following Council discussion on my recommendations, I am advised that a
Council motion will suffice to facilitate these changes In how special meetings are
noticed.
NK/cc
""
MEMO
lOF
TO: MAYOR AND COUNCIL
CHRIS CHILDS, CITY ADMINISTRATOR
FROM:
(;1f.u
DATE:
NOVEMBER 5, 1996
SUBJECT:
DOOR-TO-DOOR SOUCITATlON BY THE AMERICAN
HEART ASSOCIATION
RECOMMENDATION: Issue permission for the American Heart Association, Oregon
Affiliate, Inc. to conduct a door.to-door informational and fund raising campaign in
Woodburn during the months of February and March, 1997 (through March 20,
1997,) and as previously directed by Council, that such solicitation be confined to
between the hours of 8:00 a.m. and 5:00 p.m.
The attached communication from the American Heart Association outlines the
purpose of the organization and their intent to conduct a door-to-door informational
and fund raising campaign in Woodburn.
Pursuant to Woodburn Ordinance 1187, non-profit organizations, such as the
American Heart Association, shall, in lieu of all other application and licensing
provisions of the ordinance, apply to the Council for permission to canvass for funds
in the city of Woodburn. Such permission shall be issued without charge.
The American Heart Association is an active non-profit corporation registered with
the Oregon Secretary of State. Previous inquiries of the Oregon Department of
Justice have disclosed no reported complaints in Oregon against this organization.
''1'"
American Heart 4
AssociatioDSMV'
Fighting Heart Disease
and Stroke
10F
Oregon Affiliate, Inc.
1425 N.E. Irving, Suite 100
Portland, OR 97232-4201
Tel 503 233 0100
1 800 452 9445
October 21, 1996
Mr. Chris Childs
270 Montgomery
Woodburn, OR 97071
Dear Mr. Childs:
We're gearing up for our annual Residential Campaign in Woodburn. This year's volunteers
will campaignfor the American Heart Association during the month of February, National
Heart Month, through March 20, 1997.
We will have local volunteers in the Woodburn area helping the American Heart .Association by
going door-to-door or mailing letters to neighbors to share information about how we fight heart
disease and stroh within their local community as well as receive contributions their neighbors
may wish to make.
The American Heart Association is the nation's largest voluntary health organization devoted to
the reduction of disability and death caused by heart attock, stroh and other cardiovascular
diseases. The ResidentiDJ Campaign is one of our traditional fimd raising activities. The
objectives are to distribute literature to a majority of the residential population as well as raise
funds for the Oregon Affiliate. These funds allow us to continue our various statewide programs
such as Schoolsite, Worhite, fimdingfor research, as well as professional and public
educational materiols.
Enclosed you will find a copy of this year's educational piece. Jfyou have any questions, please
feel free to contact me. Thank you for your assistance with our campaign for this worthy cause.
I look forward to a successful campaign in your community.
Sincerely,
~h/~
Teena Wood
Residential Program Manager
1W:bel
ENCL
0-00__
.,..
II!\.
11/05/96
AlP CHECK LISTING FOR THE HORTH OF ocroBER 1996
Page 1
Clledt IUIber Budgetary Account JIuIber vendor line Vendor IUIber Qleck - Date Written lIount of Qleck
----- ------------------------ v______________________ ----- ------ ------
34049 ~AG! mER-VARIOOS umED STATES ~!L SERVICE 020089 10/01/96 1,000.00
34050 SERVICES--PARKS R-<X> PAVIIIG 017090 10/02196 6,941.00
34051 SERVICES-WA!ER VALLEY MAILIIG SERVICES 021044 10/03/96 492.80
34052 SERVICES--PARKS IICCORDY 'l'R1 VEL 012365 10/07/96 192.00
34053 PmY CASH-VARIOUS cm OF ImDBORR 015255 10/07/96 162.45
34054 V 0 I D VOID VOID
34055 V 0 I D VOID VOID
34056 VOID VOID VOID
34057 VOID VOID VOID
34058 VOID VOID VOID
34059 SOPPLIES--LIBRARY CDSftOC'fIOI PLlYmIGS DE 10/08/96 45.54
34060 REPUIID-Il!ER/SEIER (DIl(I DO!S(II <XlIS!ROC!IOI DE 10/08/96 25.73
34061 REPOIHA!D/SEUR SIRGBY PIDSIICIIIISD DE 10/08/96 37.60
34062 SERVICES--PARKS SBBR1U OLD tall JmEL DE 10/08/96 300.00
34063 RBiIS!R!fIOI.POLICE !LLIlICE f(It <DIIOmY 'l'RlFFIC lOll! 10/08/96 60.00
34064 SERVICES-POLICE RIVBRIDJSI JI)fBL DE 10/08/96 54.57
34065 SUPPLIES--LIBRARY CBILDRD'S ~ COOICIL DE 10/08/96 37.50
34066 RBilmAUOI.PARKS 1RP11BSDR1 SERVICE CElITER DE 10/08/96 335.00
34067 SERVICES-MP A , 1 PES! aJmK)L 000011 10/08/96 305.00
34068 SERVICES-PARKS lCB SlPrIC , IIClVAmG 000031 10/08/96 200.00
34069 SOPPLIES.VWOOS !L'S lIDIr , SIIR08 CEIITER 000160 10/08/96 285.16
34070 SOPPLIES.PARKS lPII DC 000444 10/08/96 m.oo
34071 SERVICES-MP WMm 0JIf(III SERVICES 000534 10/08/96 178.84
34072 SOPPLII&-POLICE AS.CXX:Il!BD BAG (X) 000562 10/08/96 96.21
34073 SOPPLIES-MP AUDl!BD OFFICE SYS 000563 10/08/96 13.05
34074 SERVICES-PARKS 8 , 8 tv , APPLIlICI'S 001026 10/08/96 89.00
34075 SOPPLIBS-PARIS BlSID'S SIUfIIG (D)I)S 001160 10/08/96 20.00
34076 SOPPLIES..pARKS BII'S RBlfAL DC" oom3 10/08/96 400.00
34077 ~LIBRW BI-IIAI! amwUOI 001275 10/08/96 66.00
34078 UGIS!RlU~POLICE 8.P.8.S.!. 001390 10/08/96 365.00
34079 SOPPLIIS--LIBRARY BULLDOG vmm 001586 10/08/96 23.95
34080 SOPPLIBS-PABS CAPnu. PLlG , FLAGPOLE 002088 10/08/96 41.50
34081 SUPPLIES-PARKS C1SC1DI POOLS 002226 10/08/96 214.20
34082 SERVICES-SILl lIS CIS:crt!' CXIUftY lIS SERV 002488 10/08/96 19,931.60
34083 SOPPLIBS--mm a.1DI1BS! DC 002588 10/08/96 2,000.00
34084 SUPPLIES--LIBRARY m <XIIPOHR stORE 002736 10/08/96 28.00
34085 SOPPLIES-wADR L... coms , S(IIS 002955 10/08/96 381.07
34086 SUPPLIES--VARIOUS DAVID 10m PAR!S 003080 10/08/96 720.64
34087 SOPPLIBS--LIBRARY DEIIOO IlEDU 003110 10/08/96 35.98
34088 SERVICES--PARKS 00ft FEICB (X) DC 003307 10/08/96 2,549.00
34089 SUPPLIES-iIl'P E.P.I. - 1.1. LLC 004240 10/08/96 2,451.00
34090 REIIIBORSIIEIft-POLICE JXmLD L EOBAJIK 004280 10/08/96 26.54
34091 SUPPLIES-W'l'P ERlIS'I' JIARDIARE 004360 10/08/96 107.20
34092 SUPPLIES-MP FLUID AIR <X>>IPOlfEB'l'S 005190 10/08/96 174.39
34093 SUPPLIES-WA'l'ER H D lWLElHXl IIIC 005210 10/08/96 30.00
40,629.52
,lIlT
ttA
11/05/96
AlP CHECK LISTIlfG FOR TIlE IIlI'1'II OF OC'l'OBBR 1996
Page 2
aaect IuIber Budgetary Account IIuJber Vendor Hale Vendor IuJber Cbeck - Date Written AIount of Qleck
----------- ---- ------- -
34094 SUPPLIES-Wl'P G.K. MACIIIlIE 006009 10/08/96 88.00
34095 RBDIIlOISIIBlft'-FWllCE BEl GILLBSPIB 006189 10/08/96 15.75
34096 SOPPLIES-VWOUS G. W. IIAD1RIl CBIrER 006405 10/08/96 489.42
34097 SlRVICIS-IDJSIIG HAM BImBERS IIC 007050 10/08/96 4,775.00
34098 SUPPLIES-MP JIARRIIGD IIOOS!IIlL PLlS'l'ICS 007084 10/08/96 5,601.23
34099 SBRVICl.YPARlS BIas S!IIPIIG , aJIlBIIG 007190 10/08/96 1,292.50
34100 SUPPLIES-LIBRARY BIGJISIII!B (X) IIC 007215 10/08/96 628.75
34101 SOPPLIIS-LIBRlRY BOO: 1IIlL!l1DOCl!I~ SBRV 007290 10/08/96 176.00
34102 SERVICl.YPARlS IJDUS!RI1L IIAaIIIIJG (X) 008075 10/08/96 312.00
34103 SOPPLIIS-VlIIOOS IIDUS!RI1L RLDIIG SOllPLY 008100 10/08/96 77.27
34104 SUPPLIES-LIBIlRY IJl(IlIIl!D POBLICl!IOIS 008112 10/08/96 56.00
34105 !DIP IMPU1fIES-ElfG D SJDlPBRS IIC 009119 10/08/96 946.00
34106 SUPPLIES-ElIG J<HIIIa IISftIIIPI! (X) 009135 10/08/96 33.00
34107 SERVICIS.p(){JCE m.ROY'S Sill S!OR1GE 010088 10/08/96 140.00
34108 SBRVIClS--PARlS mGlft' GRlPBICS 010107 10/08/96 159.00
34109 SUPPLIES-LIBRARY mALl a:IIUl!IOI 010294 10/08/96 79.00
34110 SERVICES-V WOOS LAiRBIICB <DIPID 011175 10/08/96 200.00
3411l REGIS!RA!IOI-LIBRARY LIIICC 011238 10/08/96 224.00
34112 SOPPLIIS-PlRtSJISVP LIID'S IWlD! 011240 10/08/96 101.63
34113 SERVICIS-<XlORf LOCAL 0JIl'! ~BL lIS! 011300 10/08/96 150.00
34114 SBlVICBS-<XlOR! MSI GIDJP IIC 012015 10/08/96 125.00
34115 SERVIC&TPU8LlC MBS MW~ (X)Uftf am 012087 10/08/96 125.00
34116 SUPPLIES-PlRtS MW~ ~ SERVICES 012227 10/08/96 17.99
34117 RBIIIBORSIIIEIILIBRlRY JO ~11J. 012236 10/08/96 32.75
34118 SOPPLIIS-VlIIOOS IIE'l'IlOPUILII IIC 012448 10/08/96 1,554.39
34119 SUPPLIES-Cm BALL IIIU.II PlII! Q) Ol2508 10/08/96 164.00
34120 SBRVICJS.VWOOS IUK1'IIID'! Il1UIlL GAS 013350 10/08/96 882.99
34121 SOPPLIIS-PABS OOCOP1!ICIW. IIJUIY JIIQIIf SYS 014018 10/08/96 81.00
34122 SOPPLIIS-LIBRlRY OFFICI DIIOr 014029 10/08/96 627 .39
34123 SBRVICES-IIft'P ORaD WLmOL LAB 014107 10/08/96 180.00
34124 PIllIIUS-CI!Y BlLLfLIB OR DIP! Of <DStIIIR , IUS SIRV 014201 10/08/96 106.08
34125 SOPPLIIS-BIG PACIfiC SlFM SUPPLY 015040 10/08/96 51.40
34126 SOPPLIIS-i1!BR PACIfiC _ Of CUD 015093 10/08/96 118.15
34127 SOPPLIIS-VWOOS PAULSBI , IIOLIS LADlfORIES 015173 10/08/96 1,164.04
34128 SUPPLIJS-Cm BlLL PI<BIIILIC.'!IDICS 015345 10/08/96 63.85
34129 SUPPLIES-VlIIOOS Pn'IBI IDES 015350 10/08/96 302.25
34130 SERVICl.YVlIIOOS POR!WD GIIBIAL BLBCftIC 015420 10/08/96 20,983.95
34131 SUPPLIBS.PAm PROOf!ClIS lIS! 015563 10/08/96 64.40
34132 SUPPLIES-VWOOS llOSE PlPBR PImJC!S 017316 10/08/96 1,473.40
34133 SERVICES-POLICE SALLY'S RBS!1ORAIf 018156 10/08/96 39.71
34134 SBRVICIS-VlIIOOS SOOT! , ASSOCIlDS 018310 10/08/96 305.50
34135 SERVICES-LIBRARY SOOBD ELEVAtoR 018610 10/08/96 176.59
34136 REDIBORSBMEI'l' LIIIDA SPRAOBR 018710 10/08/96 129.00
34137 SUPPLIES-LIBRARY ST!RWES! IMAGES 018740 10/08/96 13.95
34138 SERVICES-tiArER S'l'ATFSIAI JOORII!L DWSPAPER 018760 10/08/96 153.14
34139 SUPPLIES-oooR'l' 'I'AB PROOOC'l'S 019010 10/08/96 36.57
85,146.56
""
llA
11/05/96
A/P CHECK LIS'l'IlfG FOR fIlE JKllITII OF OCTOBER 1996
Page 3
QMd I1lIber Budgetary Account I1lIber Vendor IDe Vendor I1lIber 01eck - Date Written Aiount of Cbeck
----- . ~ ------------------- --- ----------- ----------------
34140 SOPPLIES.uAllSI! TIGERDIRECf DC 019155 10/08/96 57.98
34141 REDlBURSIlIIEIIHUBLIC WIS G..S. FRAlIK mARl 019180 10/08/96 69.65
34142 SOPPLIES-VARlOUS OIOCAL:IRIIE GRAIWI OIL 020010 10/08/96 683.60
34143 SERVICES--VARlOOS UJmI) DISPOOAL SERVICE 020020 10/08/96 993.36
34144 SUPPLI!Hl!BR 1JIIDI) PIPE , SUPPLY 00 020030 10/08/96 3,949.00
34145 SERVICES-VARIOUS os iES'l' aJIIOIICli'I<lIS 020095 10/08/96 513.79
34146 SOPPLIJ8.LIBRlRY OPSTlR! 020180 10/08/96 28.07
34147 SOPPLIESooMP VALLEY IBLDIIG SUPPLY 021050 10/08/96 9.50
34148 SOPPLIIS.POLICE VID1IG OFPlCE PmJC!S 021180 10/08/96 110.24
34149 SUPPLIJ8.LIBRlRY WlL-II1R! SDBS DC 022035 10/08/% 182.12
34150 SERVICES-VARIOUS IIlS!LIB PlGDIG 022163 10/08/96 170.50
34151 SERVI<D-PlRIS WWIBIM IIIGIIEBRIIG 022322 10/08/96 536.90
34152 SOPPLIES.PlRIS m..wmB ClAP REI) ClOSS 022328 10/08/% 9.00
34153 SOPPLIJ8.VWOUS m'BIRS LtIIBER 022445 10/08/96 1,779.66
34154 SERVIClS-PlRlS 1tU'BRS DlmG , AIR (X)IlJ) 022460 10/08/96 120.00
34155 SERVICIS-MP JAIIES I tmD 022479 10/08/% 432.00
34156 SERVIClS--POLICE 1m8JII rums! 022600 10/08/96 59.00
34157 SERVICES-ilftR IDmJRI GWGlIlOOR 022605 10/08/96 65.00
34158 SOPPLIJ8.POLICE mIDI OPPICB SUPPLY 022670 10/08/% 24.61
34159 SERVICBS-PlRIS mol <DroIAi'I~ 023020 10/08/96 232.43
34160 IUBm-fUBLIC tarS us BAIl 020070 10/09/96 295,315.00
34161 SERVI<D-PlllltS &001 PARIm 001162 10/08/96 30.00
34162 SERVICES-ilDR VALL!! IWLIIG SERVICES 021044 10/10/96 331.52
34163 VOID VOID VOID
34164 VOID VOID VOID
34165 VOID VOID VOID
34166 UPOID-BUS LICBlSE JDARI) SOPIJO DB 10/11/96 25.00
34167 SERVIClS--VWOUS AD !OOCII CILI.IJLlI 000113 10/11/% 603.64
34168 SERVICIS-MP WIWll UJIl(IlII .SERVICE 000534 10/11/96 109.45
34169 SlRVICES-1IG lUfaIA!ID omCE SYS 000563 10/11/% 241.67
34170 SERVIClS--VWOOS Ai" i' 000623 10/11/% 408.08
34171 SBRVICBH'RlISI! BIo-IIED !BS!IIG SERVICE 001280 10/11/96 100.00
34172 SBRVICES--mlLIC tarS IlIDI , CAL1MELL 001573 10/11/96 44,804.38
34173 SUPPLIzs.SftIB! CAIBY SAID , GRAVEL 00 002060 10/11/96 3,988.34
34174 SOPPLIJ8.BIG CASC1DIl lRCIIMC1'URAL , DIG 002217 10/11/96 90.24
34175 RBIIIlORSIllEll!-ADMIIf CHRIS CHILDS 002448 10/11/96 34.75
34176 SBRVICES-PUBLIC tIORIS CII2IHII1L 002478 10/11/96 5,878.97
34177 SBRVICl.TPOLICIl CLAClWIAS UlCI 002558 10/11/96 70.00
34178 SERVICBS--IDJSIlIG a.l1ll-DICDRS(lI <XIISDUC'fiOl 002563 10/11/96 1,570.00
34179 SERVICES--DG CWE , IlERSrrB 002896 10/11/96 4,485.64
34180 MEllBERSBlP-!RAIi' C.'.A.A. 002923 10/11/96 160.00
34181 SOPPLIES-VARlOOS CfL OORPORAi'IOI 002926 10/11/96 2,575.95
34182 SUPPLIES-POLICE DAfIlC DC 003063 10/11/96 1,352.39
34183 SERVICES-EIIGIIEERIlIG DE BAAS , ASSOCIAi'ES 003108 10/11/96 1,709.30
34184 SERVICES-POLICE DIP-II-JXltftl'l' 003224 10/11/% 33.70
34185 SERVICES-POLICE DAVID M DRYDEIf 003280 10/11/96 20.00
459,110.99
~
llA
11/05/96
AlP CHECK LIS'l'IlIG FOR 'l'HE IIlII'l'H OF OCTOBER 1996
Page 4
0Md IUIber Budgetary ,Account IUIber Vendor IDe Vendor IIuIber Qleck - Date lfritten AJount of Check
___ l>.... ------------ -- __ 4ld.._."'- -----------
34186 SUPPLIES-BIG ElfRIlAGUIIB 004202 10/11/96 74.00
34187 SOPPLIES-M'P B.P.I. 1.1. LLC 004240 10/11/96 635.40
34188 SUPPLIES-M'P ERIS!' BlRDIf!RE 004360 10/11/96 155.70
34189 SUPPLIBS-lA'fER B D muR ro IIC 005210 10/11/96 1,776.55
34190 SUPPLIES-S'l'REE! G.I. llAaIIIE 006009 10/11/96 29.16
34191 SElVICZfHlUBLIC DltS GEI.(X) SERVICES IIC 006062 10/11/96 3,906.60
34192 SERVICES-LIBRARY GEIER1L EL!C'RIC CAPITAL 006079 10/11/96 136.00
34193 SOPPLIES-FWlICE fJ'N'T FIDIICIl OFFICERS ASSOC 006238 10/11/96 80.00
34194 SOPPLIBS-tiHR HALO <XIIPID 007046 10/11/96 8.10
34195 SERVICIlS-MP C.J. IlISBI ro IIC 007055 10/11/96 260.00
34196 SUPPLIBS-POLICE BARRIS UIIlCIlIIS 007090 10/11/96 426.60
34197 SERVICES-VWOOS BARRIS lID BIDE 007095 10/11/96 7,500.00
34198 SERVICES-PUBLIC uatS IDI BIIG1IDI1IIG IIC 007112 10/11/96 23,980.00
34199 SOPPLIBS-SftEE! BESSEL ftlC!(Il 007181 10/11/96 182.81
34200 SUPPLIES-WrP !PC SCIEmfiC l !ECIIIOLOGY 007189 10/11/96 462.65
34201 SERVICES-POLICE D.ID1Y ID muss 007265 10/11/96 73.14
34202 REDlBURSEllBlftlRlS IMI L IIlLLY 007268 10/11/96 35.48
34203 SERVIClS--VWOOS IIS!lI! Pm PROm.'fIOI 008140 10/11/96 304.00
34204 !1lIIP IlIIPLOYIBS-IIG D SIDlPBIS DC 009119 10/11/96 179.80
34205 S1JPPLIBS-I1!II OLLER SUPPLY <XIIPID 010070 10/11/96 27.55
34206 SBRVICBS-BOILDIIG IIW~ aD!! IIJIU)IIG IISPBC 012090 10/11/96 3,765.86
34207 SElVIClS--VWOOS IIW~ aD!! FISCAL SVCS 012140 10/11/96 1,176.50
34208 SERVICES-POLICE IIlIIc.-w.II Dl!1 CBII!ER 012228 10/11/96 201.30
34209 SUPPLIEHRAIS/DlR IImlOPOILIIG IIC 012448 10/11/96 461.65
34210 SUPPLIES-PUBLIC uatS IIItwlRRIIIIlq 012459 10/11/96 261.95
34211 SElVICBS-BmIIIG IDSILaIIC DC 012612 10/11/96 1,248.00
34212 SERVICBS-BOILDIIG JIJPFLIIS, II'laIES II DE 012655 10/11/96 19.95
34213 SUPPLIBS-IIG I1!IClIlL BOSIDSS fVIlIJ. roK! Ol3023 10/11/96 377.90
34214 DISP1!aI ms-a DEPf aaJI 013198 10/11/96 32,297.66
34215 SUPPLIIS-Sftm . DWdD BW>E ~ BIT SALES 013272 10/11/96 473.00
34216 SUPPLIBS-LIBRlRY OMCE DR! 014029 10/11/96 299.99
34217 SElVICES-VWOOS em CALL <XIICBPtS DC 014054 10/11/96 64.80
34218 SERVICES-POLICE Cll DBPr OF Da VlllIaJ! 014240 10/11/96 20.25
34219 OOES-roLICE Cll POLICE OFFICERS ASSOC 014425 10/11/96 140.00
34220 SUPPLIES-POBLIC DltS PlCIPIC PIII!IIIS 01S058 10/11/96 72.86
34221 SERVICBS-WrP PACIfiC PUll JmrLEJ) 11m 015059 10/11/96 33.00
34222 SUPPLIES-<X&! PlPERDIII'L'!' DC 015112 10/11/96 30.90
34223 SERVICES." DM PC IUdJlldS! DC 015214 10/11/96 383.75
34224 SlRVICBS-VWOOS lU!LlIJ) GIIIRlL ELEC!RIC 015420 10/11/96 3,394.94
34225 SUPPLIES-POLICE PI DIS'1'RIBO!IIG DC 015750 10/11/96 118.00
34226 SUPPLIES-wrP JA<J: R1IfLDIGS 017054 10/11/96 89.37
34227 SUPPLIES-RSVP R01'BS IGA 017340 10/11/96 57.34
34228 SUPPLIES-1ft! SlLIlM PRIJmG l BLUEPRDrl' 018110 10/11/96 43.10
34229 SOPPLIES-ERG LES salIfAB !IRE CBITER 018300 10/11/96 53.95
34230 SERVICES-ERG SILVER DRAa GRAPHICS 018463 10/11/96 100.00
34231 SOPPLIES-STREE'l' SIL~ SAID l GRAVEL 018490 10/11/96 4,256.21
548,786.77
'1'"
llA
11/f)5/96
AlP (]IEat LIS'I.'IIG FOR !lIE ID'l'II OF 0C1'0BER 1996
Page 5
QlecJt JuIber Budgetary Account IUIber Vendor IaIe Vendor IUIber Check. Date Written bount of Cbeck
---- ....1lI.....'" ..... ______________~WYV -------- ____a.__ ..d
34232 SUPPLIES-POLICE SYSDIIS mDICAL SALES ro 018992 10/11/96 357.00
34233 SUPPLIES-POLICE !1Y1DR BLlt!RIC SUPPLY 019030 10/11/96 76.56
34234 SUPPLIES-POLICE f1YU1t 1IJIOICYa.B DC 019033 10/11/96 2,795.00
34235 REDIBORSEIIEII!-SELF lIS II1IY ftIDI! 019055 10/11/96 75.70
34236 SERVICES-VARIOUS US IES! OJIKUIICWOlS 020091 10/11/96 347.41
34237 SERVICES-VARIOUS US IES! <DIIUIIC1!I<IIS 020095 10/11/96 3,863.51
34238 SUPPLIES-RSVP VlILEY PACIFIC PLORAL 021046 10/11/96 62.00
34239 SOPPLIES-STRm msm QUALm <XIICRB!E 021140 10/11/96 1,323.45
34240 SOPPLIES.RSVP 1lL-IIAR! SDES DC 022035 10/11/96 51.03
34241 SOPPLIES-MP IES!IRIAJIIR , fIJ)IPMEtl'f 022228 10/11/96 42.64
34242 SOPPLIES-MP IIIIla JIO(J: PImJC'r 022427 10/11/96 4,100.39
34243 SOPPLIES.P1lllS tmBJII nmLISER 022590 10/11/96 44.00
34244 SERVICES-VARIOUS tDDUII IIDBPIIDBI'f 022630 10/11/96 37.75
34245 SUPPLIES-<XlOICIL YES GlAPBICS 024025 10/11/96 20.00
34246 SERVICBS-lAUR V1U.I! IIlILIlIG SERVICE 021044 10/17/96 367.04
34247 EIPElSES.POLICE DlIRIGII! 022830 10/18/96 219.00
34248 IlVES!IG1!ICE-POLICE ID BOBAR 004280 10/21/96 5,000.00
34249 PE'1"lY C1SI[-VARIOOS em or mIlORI 015255 10/23/96 131.14
34250 VOID VOID VOID
34251 VOID VOID VOID
34252 VOID VOID VOID
34253 SUPPLIES-rWJlCll VIlGRllII DE 10/24/96 152.00
34254 SUPPLIIlS-LIBIlIY UIIV or smtIl'UIUDA LIBRARY DE 10/24/96 5.00
34255 SBRVICES-!IlISI!/DlR !IS! IBS!BIII oem VIIW DE 10/24/96 286.76
34256 REGIS!R1UCJHlOLICE C.P.O.A. DE 10/24/96 150.00
34257 SERVICES-ODCIL 0IftID sums DE 10/24/96 206.01
34258 SERVICES-POLICE ID DIS DE 10/24/96 60.00
34259 SERVICIlS-M'P 1 , A PIS! ana. DC 000011 10/24/96 85.00
34260 SERVICIlS.VARIOUS AD !OOCI CILLIJLlR 000113 10/24/96 128.87
34261 SOPPLIES-iftP AlllRIClI SIca 000323 10/24/96 3,266.63
34262 SERVICES-VARIOUS WIQI( wmIII SERVICE 000534 10/24/96 252.86
34263 SERVICES-VARIOUS l!' ! 000623 10/24/96 21.32
34264 SERVICES-POLICE l! , ! LlIGOlGI LDI SERVICE 000659 10/24/96 165.87
34265 SOPPLIIlS-LIBRlRY BHBR , tm.<m 001090 10/24/96 22.10
34266 SUPl'LIBS--LIIlRlIY !II IKJlDllI DC 001348 10/24/96 406.22
34267 SUPPLIES-LIBRlRY 8OWX)G VIDI) 001586 10/24/96 65.00
34268 SOPPLIIlS-LIBRlRY CIIIO!D!l URIII1TI 00LLEGl! 002410 10/24/96 731.99
34269 SOPPLIIlS-LIBRlRY !IE CBIIJ)'S DLD DC 002453 10/24/96 652.32
34270 REGISftU'I~ a.lCOlllS WIUlti CXUlGE 002550 10/24/96 375.00
34271 SERVICES-rooR! IWlGOI' <XIUY 002686 10/24/96 131.25
34272 SOPPLIES.LIIlRlRY !Bll WR'Ul'1K smtE 002736 10/24/96 49.95
34273 SUPPLIES-LIBRARY <D!!CfS IIFLOBIItIAUIO 002773 10/24/96 235.00
34274 SOPPLIES.LIIlRlRY CRlBftBB ,"".T!IIT1IG 002891 10/24/96 75.33
34275 SOPPLIES-FmICE CREA!IVB WIMIKS 002898 10/24/96 94.99
34276 SUPPLIES-LIBRARY CY mmssE 002990 10/24/96 142.62
34277 SUPPLIES-LIBRARY DA!ABASE POBLISBIJG ro 003045 10/24/96 155.00
575,617.48
!I.11
IIA
11/05/96
AlP CHECK LISTIltG FOR THE t<<)lfTII OF ocroBER 1996
Page 6
aaeck IUIber Budgetary Account IuIber Vendor IaJe Vendor IUIber aleCk - Date Written AIount of <1leck
.. T ___ ... ---- __...Il.......<I...____ -~..._-~------------ -----
34278 SUPPLIEH STORES DA!'! <DIll iAREIKlUSE 003049 10/24/96 134.70
34279 SERVICES-FWIICE DE IWS , ASSOCIAfES 003108 10/24/96 11.00
34280 SUPPLIES-LIBRARY DIlIIOO MEDn 003110 10/24/96 . 164.89
34281 SERVICBS-M'P JaI) SBCORm SYsmIS IIIC 004055 10/24/96 166.50
34282 SUPPLIES.BBG ElkiJ.UIKIW <XIft'IOL PROO 004180 10/24/96 92.45
34283 SUPPLIES-LIBRARY rAC!S ~ FILE IIIC 005010 10/24/96 73.67
34284 SUPPLIES-~LICE FRlIlWI QUEST (X) 005332 10/24/96 86.15
34285 SUPPLIES-LIBRARY GROLIER PIIIlIJmIG (X) 006366 10/24/96 639.76
34286 SUPPLIES-LIBRARY I BAR! PI1BlJSIfJJG (X) 007097 10/24/96 18.67
34287 SERVICBS-PUBLIC lfOBS JIERW) S DSDLL II!! 007099 10/24/96 400.00
34288 SOPPLIBS-LIBRlRY IIGBSIII!B (X) DC 007215 10/24/96 271.70
34289 SOPPLIBS-LIBR1RY IISPAlIC antS DIS'l' 007247 10/24/96 59.00
34290 SUPPLIBS-LIBRlRY malIIm~ I!FERllIICE GROUP 008114 10/24/96 122.38
34291 SUPPLIBS-LIBRW IIGRlII DIST GIOOP 008116 10/24/96 1,579.82
34292 SOPPLIBS-MP ImI CAPI!lL 008118 10/24/96 141.05
34293 DIIP llIIPIDYEBS-BBG J(B SDPIRS DC 009119 10/24/96 959.38
34294 SUPPLIBS-LIBRlRY JEll mR , (X) 010030 10/24/96 42.15
34295 SOPPLIBS-I1!ER n!ILII1mRPRISBS 010035 10/24/96 59.88
34296 SUPPLIES-AM LAID USE B01IJ) OF APPEALS 011015 10/24/96 195.00
34297 SOPPLIIS-Wl'P UImI(X) (Dll(ti!!(Jf 011020 10/24/96 204.50
34298 SERVIClS--LIBRlRY left JWJ.. LAlDIS , GD DC 011032 10/24/96 541.00
34299 SUPPLIBS-LDRm LIIlD SII FDrBRAS 011278 10/24/96 195.59
34300 SERVICES-V moos LUCBII! DCDXDGIES 011370 10/24/96 673.02
34301 SOPPLIBS-LIBI1I 1IlGIIl!I~ PRESS 012039 10/24/96 40.85
34302 SUPPLIBS-vmoos IIEfDUELIIG DC 012448 10/24/96 425.22
3U03 SERVICES-POLICE IID!m FIBSII PORI Jm!LED if! 012670 10/24/96 42.7S
34304 SOPPLIBS-BIG I1!IcmL BOSIIISS lUIIlIIlWl 013023 10/24/96 1,968.00
34305 SUPPLIBS-LIBRlRY mum. GD:I1PBIC SlCIE!Y 013060 10/24/96 13.90
34306 SERVICBS-I1DR DLIrr OF ODD IIC 013200 10/24/96 97.18
34307 IEIMBORSIMBI!-POLICE PAUL lULL 013420 10/24/96 25.35
34308 DUBS-POLICB 0l<P 014008 10/24/96 200.00
34309 SOPPLIIS-LIBRlRY OC!1IIBD lSOOCI1DS 014020 10/24/96 86.48
34310 SOPPLIBS-LI!RARY ClEGIlPIIICS IIC 014044 10/24/96 134.50
34311 SERVICBS-MP CUD WLmClL LAB 014107 10/24/96 1,722.00
34312 SERVICES-POLICE ell DIP! OF 1JIIIIIS!Rl!IVE SERV 014198 10/24/96 233.68
34313 ms-BUILDIIG CUD DIP! OF <XIISOIEI BUILD 014199 10/24/96 2,451.45
34314 UGIS'1'R1!I~FID1fCB eIlllllICIP1L FIDICIl OfFICER 014360 10/24/96 195.00
34315 SOPPLIBS-S'1'REET PACIfiC nrrL PIPE DRR 015035 10/24/96 1,450.00
34316 SUPPLIBS-MP PACIFIC PRImIlS Ol5058 10/24/96 501.71
34317 SUPPLIES-LIBRARY PB'aSUS ImtS 015218 10/24/96 28.70
34318 SOPPLIBS-S'1'REET !BE PLllII (X) 015338 10/24/96 514.16
34319 SERVICES.STRm PmfWJ) GEIEIW. ELEC'rRIC 015420 10/24/96 8,976.80
34320 SUPPLIES-LIBRARY PCMELL'S BDS'f(ti 015467 10/24/96 139.55
34321 SUPPLIES-STR!E'l' PRIER PIPE , SUPPLY IIC 015515 10/24/96 200.60
34322 SOPPLIES.LIBRARY QUALm ImtS IIC 016040 10/24/96 284.85
34323 SOPPLIES-MP RED WIlIG SHOE smm 017138 10/24/96 99.45
602,281.92
llA
11/05/96
AlP CIIEQ( LIS'l'DIG FOR THE NOIfTII OF OC'l'OBER 1996
Page 7
Oledt IIuIber Budgetary Account IIuIber Vendor late Vendor IIuIber Oleck . Date Written AIount of Check
----- ..-.-. ~y--------------- ---- W Mad.. ---..-----------
34324 SOPPLIES-LIBlARY RBBD REPERBIICE PUBLISBIHG 017145 10/24/96 711.50
34325 SOPPLIES.LIBlARY IEGEII'f JKXI: (X) 017148 10/24/96 55.45
34326 SOPPLIES-LImlARY ROOALE BXltS 017294 10/24/96 32.63
34327 SOPPLIES-LIBlARY IOOllD PUBLISIIIIG GROUP 017343 10/24/96 191.15
34328 SOPPLIIlS-LIBRARY SID , SCIIOS'l'BR 018493 10/24/96 1,127.54
34329 SOPPLIES-AM S'l'AfE <X>OR! ADIIIIS'l'RA'l'OR 018745 10/24/96 35.00
34330 SOPPLIES.LIBRARY SUISB! PROOOC'l'IOIS 018819 10/24/96 183.69
34331 SUPPLI~POLICE mmoRI1L SUPPLIES DC 019060 10/24/96 306.27
34332 SOPPLI~VARIOUS !BE J !lAYER CDlPID 019100 10/24/96 2,286.10
34333 SUPPLIlS--1WICE !IGIRJ)II!C! DC 019155 10/24/96 177.97
34334 SOPPLIIS--LIBRARY mE LIlIIIlOCl!I<Il 019160 10/24/96 43.55
34335 SOPPLI~LIBlARY 'IIE I1IDR VIERR'S EDGE 019164 10/24/96 104.14
34336 SOPPLIBS--SftBl' IElI.:EIIIE GRWII OIL 020010 10/24/96 1,077.60
34337 SOPPLIBS--LIBRW UlIVERSm pm IIIDn DC 020154 10/24/96 36.16
34338 SOPPLII!S-MP /lATER . VIIS(() QUW!Y <XlfCmE 021140 10/24/96 425.51
34339 SERVICBS-iATER nm,rooD , RESIlRCII LAB 022062 10/24/96 246.00
34340 SUPPLIlS-WATER mER SYSftII SUPPLY DC 022085 10/24/96 18.30
34341 BlICROP! JltID WELLS 11100 022145 10/24/96 102,020.00
34342 SERVICJCS.POIJCE IIIDVIIJ.I IDCI ars 022422 10/24/96 66.45
34343 SBRVICJCS.POIJCE mBJIII ClICW'! 022508 10/24/96 113.75
34344 SBRVIClS--VWOUS 1DDOII IlDEPElJ)EIl! 022630 10/24/96 118.75
34345 SOPPLIIlS-LIBRARY uulBDn muss 022815 10/24/96 207.52
34346 SOPPLI~VWOUS tIS GRlPBICS 024025 10/24/96 539.00
34347 SUPPLIIS-IftP III MEDICAL SERVICE (X) 025070 10/24/96 23.55
34348 SERVICJS.IAHR Y1Wf IWLIIG SERVICES 021044 10/24/96 528.00
34349 SERVIClS--1M . DlIR! SBIIU)S 018450 10/24/96 5,925.00
34350 UIIIIPLOY 'AI.SEIJ' us (It DIP! or IIVIIU! 060030 10/28/96 651.70
34351 VOID VOID VOID
34352 VOID VOID VOID
34353 VOID VOl>> VOID
34354 SUPPLIIS.DG S'I'1H or CUD nm IEOOORCE DE 10/31/96 16.00
34355 ~LIBRW IISCXIISD LIBRARY 1SSOC DE 10/31/96 15.00
34356 SOPPLIBS-POIJCE CALIlORIIA CAR <X>VBR (X) DE 10/31/96 174.95
34357 SBmClS--SIIl lIS CUD IIIDIClL LlBOR1DIES DE 10/31/96 40.00
34358 RBPUID-D DEPr IDLJJ OORP DE 10/31/96 5.00
34359 UGISfRl'IC8-LIBRARY 0Ll DE 10/31/96 12.00
34360 SUPPLIIS-WAHR A , A ImLLIIG SERVICE 000010 10/31/96 1,110.00
34361 SOPPt.I~DG A , E IllAGIIG 000017 10/31/96 21. 50
34362 SERVICES--PARKS ill fOOCB CELLOI.AR 000113 10/31/96 12.93
34363 SOPPLIES.PARIS !L'S lRUI! , SHRUB CEftER 000160 10/31/96 158.00
34364 SUPPLI~LIBRARY AMBRICAI BUSIIBSS mo MARKE'f 000196 10/31/96 1,000.00
34365 SUPPLIEHWfP AJlERICAI SIGMA 000323 10/31/96 379.35
34366 SUPPLIES-PARKS AIDBRS(lt'S SPOR'fiIG GOODS 000432 10/31/96 33.60
34367 SERVICES-VARIOUS ARWRlt OIIFORM SERVICE lIe 000534 10/31/96 292.55
34368 SUPPLIES-PARKS AWARDS AID AmETICS 000580 10/31/96 54.50
34369 SERVICES.PARKS At" WIRELESS SERVICES 000655 10/31/96 82.23
722,941.81
~
ttA
11/05/96
A/P CHECK LIS'l'IJG FOR m Jk))ITJI OF OC'lOOER 1996
Page 8
<2Ma IUIber Budqetary Account IUIber Vendor IIaJle Vendor IUIber 01ecJt - Date Written AIount of Cbeck
------- -- ....... .... ...- "WlI'Trlll____"'__ r ....Il ~ ---------- ----------------
34370 SUPPLIES.LIBRARY BEftER JOlES , GARDEIIS 001250 10/31/96 17.90
34371 SUPPLIES.VARIOOS BHIlI!' ~!IOJ 001275 10/31/96 308.80
34372 SUPPLIES-SftEIl!' ClIIBY SlID , GRAVEL CO 002060 10/31/96 1,191.22
34373 SERVICIlS.POLICE CASE AUlUII1'1V! 002190 10/31/96 1,850.69
34374 SOPPLIES-LIBRARY CJIDIJlml OHIUII!Y COLLEGE 002410 10/31/96 292.77
34375 SUPPLIES.LIBRARY CHILD <XIIPID 002457 10/31/96 71. 89
34376 SERVICIS-wrP CIDI <mftQ.S SOO'J.'II I1fC 002918 10/31/96 130.00
34377 SOPPLIES--MP en. <XmPtItAfiOJ 002926 10/31/96 307.78
34378 SUPPLIES-LIBRARY CYBERIIBDIl 002989 10/31/96 125.75
34379 SOPPLIES-FOLICE DARB 1IIIRICA 003037 10/31/96 533.87
34380 SUPPLIES-VARIOUS DAVID 1D!O PlRfS 003080 10/31/96 574.80
34381 SUPPLIES-POLICE DAVID 1~ P1R!'S 003081 10/31/96 98.51
34382 RBIMIlURSJIIIEIPIIAICE V JIAI DIll 003107 10/31/96 11.00
34383 SERVICES--DG DE WS , 1SSOCIlfES I1fC 003108 10/31/96 971.55
34384 SERVICES-POLICE DEPIIIWU PRIIIUR SUPPORt' DC 003140 10/31/96 65.00
34385 SOPPLIES-LIBRARY DIGItAL DIUCfORY lSSIS! I1fC 003222 10/31/96 242.00
34386 SUPPLIES-LIBIARY BDIDIlL ftLVISl 004070 10/31/96 25.50
34387 SOPPLIES-LIBRARY fDFF BLBCftIC CO 004230 10/31/96 166.32
34388 SUPPLIES-MP FAlIN PLAI 005062 10/31/96 36.86
34389 SUPPLIES-IAfIR DCIl 4 <XIIPU!IR 005242 10/31/96 343.48
34390 SOPPLIES-POLICE fOl'O IlGIC 005258 10/31/96 358.02
34391 SOPPLIIS-PIDICE GUIW. wdvrlK SUPPLIES 006212 10/31/96 139.11
34392 SOPPLIES-PlRIS GRlID SUI 006273 10/31/96 82.00
34393 SOPPLIES-LIBRm GlQ.IIR PDRtTSIIIJG CO 006366 10/31/96 188.11
34394 SOPPLIES-VmOOS G.J. Wl1llll1U CD!BR 006405 10/31/96 914.74
34395 SOPPLIES-POLICE I1IRIS UIIftIIIIS 007090 10/31/96 89.45
34396 SllVlCES--PUBLIC QlS ~ ImOllS 007150 10/31/96 61.25
34397 SUPPI.IJS-IIml IICIIDIBLI UIIVIISI 001065 10/31/96 299.92
34398 SOPPLIES-LIBRARY IImIIIl!I~ RIPIRIICI GROUP 008114 10/31/96 54.55
34399 SOPPLIES-LIBRARY IIGIWI lIS! GID 008116 10/31/96 858.02
34400 SERVICIlS-C smu:s ID OFfiCI DmI<E 008119 10/31/96 178.85
34401 SlRVlCIlS-UJSDG JIU, or ft1DBS 009098 10/31/96 1,182.00
34402 !BlIP IIIPIDYIIS-EIG D SDPIRS DC 009119 10/31/96 1,824.83
34403 SUPPLIES.PlRlS m CUPB!S AID IftBRIORS 010077 10/31/96 435.00
34404 SERVICES--IKlUSDG m <msftOC!IOJ 010079 10/31/96 12,733.00
34405 SOPPLIES-VARIOOS L , L BUlLDIIG SUPPLIES 011010 10/31/96 349.84
34406 SERVICIlS.wfP IAID1LL G LDGBIBI 011029 10/31/96 223.50
34407 SUPPLIES-LIBRARY WIR Ila:!'DICS 011096 10/31/96 483.10
34408 REGIS'fR!!IOJ-II1YOR LB1GOB or <UD CI!IES 01l1l0 10/31/96 372.09
34409 SUPPLIES-PARltS WERQUICI Oli71 10/31/96 224.00
34410 SUPPLIES-PARltSjRSVP LIIDS IWlDf 011240 10/31/96 122.45
34411 SUPPLIES.PARltS LIlf<XU IQUIPMEII'f Oll25O 10/31/96 28.54
34412 SUPPLIES-PARKS LmLE CIIIlIIICAL 011285 10/31/96 291.80
34413 SUPPLIES-LIBRARY MAC IARElDJSE 012033 10/31/96 27.95
34414 FEES-BUILDIlfG JWUOJ COOIfY BLDG I1fSPEC 012090 10/31/96 15,890.37
34415 SUPPLIES-LIBRARY MARSHALL CAVElDISB CORP 012235 10/31/96 137.06
767,857.05
~
ttA
11/05/96
AlP CHECK LISTDIG FOR THE MOfITH OF OCTOBER 1996
Page 9
Oledt JIuIber Budgetary Account IUIber Vendor JIaIe Vendor JIuIber Qleck . Date Written AIount of 01eck
------ ---------- ------ ------
34416 SUPPLIES-wATER IIOOBVILLE <X>ICRB'l'E PRODOC'l'S 012403 10/31/96 266.30
34417 SUPPLIES-VARIOUS IIE!ROFUBLIIG IIC . 012448 10/31/96 892.96
34418 SUPPLIES-VARIOUS MIDS!A!ES OOAS!AL FARM . 012475 10/31/96 269.32
34419 SERVICES-POLICE MILES CBEVIOLE! 012490 10/31/96 8U.24
34420 SOPPLIES-VARIOUS Hi P'S AO'fO PARTS 012510 10/31/96 233.50
34421 SUPPLIES-LIBRARY DmI-&mH IKUS I1fC 013230 10/31/96 210.59
34422 SERVICES-iWl'P .. L!D EIERGY ELEC'l'RICAL 013295 10/31/96 70.00
34423 SERVICES-VARIOUS D!IlRSf 11!ORAL GAS 013350 10/31/96 1,070.23
34424 SOPPLIES.LIBRARY OCCOPmWL cmrrER 014017 10/31/96 30.00
34425 SERVICES-IU.ICE OFFICER WVI! 014026 10/31/96 600.00
34426 SOPPLIES-VARIOUS OFFIa J)PIO'f 014029 10/31/96 1,027.98
34427 SOPPLIES-LIBRAYR atlIGRAPBICS IIC 014044 10/31/96 125 .50
34428 SERVICIS-W!P c:uD WLmCAL LAB 014107 10/31/96 1,536.00
34429 SOPPLIIS-IUILDIIG c:uD JlOILI)IIG OFFICIALS 014125 10/31/96 107.40
34430 SERVICES-VARIOUS (It DBPf or ADIIIIISTR1fIVE SERV 014198 10/31/96 170.00
34431 SOPPLIES-IABR PACIlIC mER Dl(S SUPPLY 015065 10/31/96 45.18
34432 SOPPLIES.DAR PAGIO! or ORECD IIC 015101 10/31/96 15.90
34433 SOPPLIES-S!RBE! PAUL'S SIIlLL JmOR SERV 015175 10/31/96 90.45
34434 SERVICES-MP PI<BBIILIlCl'R.CECS 015345 10/31/96 14.60
34435 SBRVICB.HIfP Q01LM CXIft'R(I, SlRVlCES 016063 10/31/96 85.00
34436 SOPPLIES-IU.ICE R , R UIIlOIMS or ORBOOII 017003 10/31/96 334.06
34437 SOPPLIIS-MP JAClI1ILIIGS 017054 10/31/96 56.50
34438 SERVlCES-PAllrS R-OO PAVIIG 017090 10/31/96 5,493.00
34439 SUPPLIES-LIBRARY IBID IIPIRIlICB PUBLISIDIG 017145 10/31/96 365.89
34440 SUPPLIES.LIBRARY IDI! au 00 017148 10/31/96 36.24
34441 SUPPLIES-LIBR1RY &II g,IsmG GROUP 017320 10/31/96 125.52
34442 SUPPtIlS-lAUR SAI'PD SOFPLY 00 018020 10/31/96 67.50
34443 SUPPLIES-LIBRARY S'lIlAR!ll'S PUSS DC 018033 10/31/96 83.90
34444 SOPPLIES-SftBB! SlLDIIUCltOP '.1SPBlLf 018060 10/31/96 127.92
34445 SlRVICES-SftBB! SlLII BI1D ,. IBDL IIC 018075 10/31/96 90.90
34446 RBIIIBOISBIIIftPAllrS I'IDI saIIIR 018297 10/31/96 22.50
34447 SlRVlCES-VARIOOS LIS saBIlB mE CJlIIRR 018300 10/31/96 839.51
34448 SUPPLIES-CIft II!U. SIIIIG , V1CUt11IIawtGE 018405 10/31/96 28.17
34449 SUPPLIES-POLICE SIIP+DI!' 018451 10/31/96 33.13
34450 SOPPLIES-PAllrS SILVERD SAID , GRAVEL 018490 10/31/96 2,581.79
34451 SUPPLIES-LIBRARY SID , saIUSfER 018493 10/31/96 290.94
34452 SERVICES-IU.ICE SLl!IR <DIIJIIClfIOIS 018522 10/31/96 65.75
34453 SUPPLIlS-LIBRARY ~ 1m( 00 018627 10/31/96 389.50
34454 SUPPLIBS.PAllrS f ,. A 8Il<JIEAI PlLIGUARD 019005 10/31/96 395.50
34455 SUPPLIlS-POLICE fIlRRIDUL SUPPLIES 019060 10/31/96 97.16
34456 SUPPLIES-VARIOUS !JIll J mYEl CDlPID 019100 10/31/96 335.89
34457 SOPPLIES-MP UIOCAL:BIlIIE GIWWl OIL 020010 10/31/96 645.37
34458 SERVICES-VARIOUS 0I1!EI) DISFOOAL SERVICE 020020 10/31/96 435.45
34459 SUPPLIES4iATER 0I1!EI) PIPE , SUPPLY 00 020030 10/31/96 2,245.10
34460 SUPPLIES-RSVP UIITED POS!AL SERVICE 020090 10/31/96 114.00
34461 SUPPLIES-LIBR!RY USiES'f DIREC'l' 020092 10/31/96 172.42
791,003.81
.,.
IIA
11/05/96
AlP CJlECK LISTIlIG FOR !HE J<<))ft'B OF OC!OBER 1996
Pa<je 10
a1edt IuIber Budgetary Account JIuJber Vendor IaIe Vendor JIuJber Q)eck - Date Written AIount of O:leck
------- .... ............ .-.. .. J -------------------- ---------
34462 SERVICES-VARIOUS OS WESt aJIMUIICl!I<E 020095 10/31/96 469.55
34463 REIMIlORSEIIBIfS!RBE'l' LDARD VAl V!WIBERG 021090 10/31/96 15.45
34464 SERVICES-LIBRARY ROO VIS!ICl'S ft!E SERVICE 021201 . 10/31/96 3,300.00
34465 SUPPLIES-LIBRARY VlSI<IIS 021203 10/31/96 337.16
34466 SOPPLIIlS-VARIOUS WAL-IIAR! smRES DC 022035 10/31/96 200 .13
34467 SUPPLIES-LIBRARY B.W. WILD (X) 022418 10/31/96 404.00
34468 SOPPLIIlS-VARIOUS WI!IIERS LIIIBER 022445 10/31/96 n2.05
34469 REIMIlURSJlIIEI-LIBRARY 1I00LEftE Q1COft 022478 10/31/96 7.50
34470 ImBL !11'" DIP!' UDlOII CIWIBBR or <XIIIERCE 022510 10/31/96 3,562.60
34471 PI1IICIIISI FEE.cABLE TV IIlI WIIUIIIT1 l<X:ISS TV DC 022547 10/31/96 4,924.66
lt472 SERVICIS-POLICE imBDII rums! 022600 10/31/96 38.00
34473 SERVICES-POLICE/MP mBJII IIDEPIIDII! 022630 10/31/96 327.65
34474 SUPPlJlS.vmoos UIBJII OFFICI SUPPLY 022010 10/31/96 186.58
34475 SUPPLIES-PAIlrS (QJ)BUIIl!Ift'-lLL 022708 10/31/96 10.00
34476 GAIG GRAJ!.D DEPr mBJII SCHOOL DIST 022745 10/31/96 1,465.58
lt4n SUPPLIES-POLICE YES GJWlII~ 024025 10/31/96 396.00
lt478 RBIIIBORSDIBIIH BLIUBmIllltJ)BSSER 035067 10/31/96 13.00
34479 REIIIDSJlIIIIHS wor.m DElRDllm' 035140 10/31/96 7.50
34480 REDIBOISIIIBIHS IBIGW! mE 035390 10/31/96 18.00
34481 UIJIBDRS!IIBIHS IJI) Ll JDQUE 035465 10/31/96 60.00
lt482 REIIIBURSDIBIIH VlDl <nrs 035583 10/31/96 63.00
34483 REIIIBOISIIIII!ISVP IlARIAlIIED 035615 10/31/96 21.00
lt484 REDIBORSIlIIIIH JUII UI)(X)ClC 035648 10/31/96 37.00
34485 REIIIDSJlIIIIHS JAY tm)S 035763 10/31/96 120.00
34486 UIJIBDRS!IIBIHS mLYI11JRWl 035810 10/31/96 6.00
34487 REDIBORSIllllft'-DAR 00II0ftIl DWD 045060 10/31/96 37.00
lt488 ~ <XDBLIUS IXDELLY 045230 10/31/96 119.00
34489 REDIIlORSIllllf-DAR PRID BmS 045315 10/31/96 33.50
34490 RmBmSBllBIHU 1IRRt DllRICI 045320 10/31/96 63.25
34491 IIIIIIlOIS1lIIBIU IXImIY JlBiER 045350 10/31/96 22.25
34492 IEIIIIlOISJlIIB lARD 0'1lRIBI 045497 10/31/96 184.75
34493 REDIIlORSIllllf-DAR rm (ID 045500 10/31/96 16.75
34494 REIIIIIOISJlIIBDAR IIWLD PWDIS 045512 10/31/96 40.00
34495 RIIIIlURSIIIIBIIU JOU PUIBlO 045525 10/31/96 219.75
34496 REIIIIIOISJlIIBDAR GIR!RODI lIES 045545 10/31/96 57.50
lt497 REDIBORSIllllf-DAR IDLl SPBRAfOO 045560 10/31/96 7.25
34498 RBIllBURSJlIIBIft'-D1R JlIIIS Sl'JDJP 045595 10/31/96 54.25
34499 RBIMBORSEIIBII!-DAR IWlBW STROOP 045596 10/31/96 48.00
34500 REIIIIIOISJlIIBDAR lRED t(IIOREK 045660 10/31/96 40.00
34501 REDIBURSIIID'l-DAR JEAI WBIE 045693 10/31/96 44.00
808,753.47
TJlI"
15A
MEMO TO: MAYOR AND CITY COUNCIL
FROM Mary Tennant rv~
City Recorder
DATE . November 7, 1996
.
SUBJECT: Preliminary Election Results
The preliminary results of Measure 24-80 are as follows (4:00 pm
printout from the Marion County Elections Office) :
YES VOTES
449
NO VOTES
528
An updated memo will be distributed at the November 12th meeting.
.,.
MEMO
15B
TO:
Mayor and City Council
FROM:
Chris Childs, City Administrator
tAL
SUBJ.:
Traffic/Storm Water SDC.I...InJJrban GrowtlLBoundary
DATE:
November 4, 1996
Almost two years ago, city staff was approached by Marion County officials
concerning the establishment of a transportation Systems Development Charge (SDC)
for any development occurring outside of the city limits but within the city's Urban
Growth Boundary (UGB). For most of this period, a similar SDC has been in place in
Silverton's UGB, and it is believed that the county's future objective is to institute
such fees in Salem's rapidly urbanizing UGB area (such as the Lancaster Drive/Keubler
Blvd. area, etc.).
Following a series of meetings on this topic between city and county staff, a
tentative understanding has been reached. Tentatively effective January 1, 1997, a
storm water see would be imposed along with a transportation SDC on development
activities within the UGB. Both fees will be based on the City of Woodburn's current
SDC charge Dlus 20%. It is felt that the 20% premium over the city's existing SDC
charges will provide incentive for developers to seek annexation and connection to
other city infrastructure, thereby enhancing more orderly urbanization of UGB lands.
This concept was examined preliminarily by the Marion County Board of
Commissioners, and the 20% figure (among several discussed) was what they were
most comfortable with.
The draft SDC agreement, which will need to recognize the existing Urban
Growth Area Management Agreement between Marion County and the City of
Woodburn, is designed to afford specifIC city input into the planning of streets,
transportation facilities and storm drain networks within the UGB, and funds collected
will go toward joint projects or, in some instances, strictly city-initiated projects.
As stated, the proposed SDCs will Involve transportation and storm water only,
and l1Q1 water, wastewater or parks. As a practical matter, most development
proposed within the UGB will, of necessity, still have to consider annexation into the
city to be connected to available city water and sanitary sewer services.
We understand that a public hearing on the proposed SDCs will be scheduled
before the Board of Commissioners in mid-December. It would be well for some
Woodburn elected officials, in addition to staff, to plan on testifying at that hearing.
If approved at the county level, the final agreement will be brought to the City Council
for approval.
This informational memo is provided to advise the Council of this Issue. A copy
of the draft agreement is attached for your review.
.,.
DRAI-I
. II - '1 - iftJ
ISH
INTERGOVERNMENTAL AGREEMENT
BETWEEN MARION COUNTY AND
THE CITY OF WOODBURN
CONCERNING TRANSPORTAnON AND STORM WATER
FAClunes WITHIN THE URBAN GROWTH BOUNDARY
This Agreement is made and entered by and between Marion County, a body
politic and corporate of the State of Or~gon, hereafter referred to as .County, ~ "and
the city of Woodburn, a municipal corporation, hereafter referred to as · City . ..
SecnON A. PURPOSE
It Is the fundamental understanding of the parties that development within the
unincorporated areas outside of the Woodburn city limits Impacts the roadway and
storm water systems in the Immediate vicinity and the surrounding area which
Includes the city limits. The purpose of this Agreement Is to faciUtate the piaooing,
financing, acquisition, and development of certain transportation capital facilities
required to. meet the needs of growth within the unincorporated Urban Growth
Boundary adjacent to City, and, where app(Opriate, within the city limits of Woodburn.
The parties anticipate that actual construction of transportation capital facilities
Identified In the facilities master planlcapitallmprovements plan will be governed by
individual project development agreements between the parties.
SEC110N B. FAClLI11ES PLANNING/SYSTEM DEVELOPMENT CHARGES
1. City shaU, in concurrence with the County, develop and maintain a
transportation and storm water facilities master plan and transportation and
storm water System Development Charges that are in compliance with state
law.
2. County and CIty shall identify transportation projects within City's
unincorporated Urban Growth Boundary for inclusion In County's transportation
and storm water facilities master planlcapltallmprovements plan. Said plan
shall identify transportation projects on which Systems Development Charges
revenues may be expended.
3. Effective January 1, 1997, County shall, prior to issuing a building permit
within the unincorporated Urban Growth Boundary of City, implement and
collect transportation and storm water System Development Charges equivalent
to the City of Woodburn charge established pursuant to CIty Ordinance No.
2111 a~ Resolution No. 1194, dated September 13, 1993, or as may
subsequently be amended, plus 20%, up to 100% of the fee allowed by state
law.
Page 1 -
INTERGOVERNMENTAL AGREEMENT BETWEEN MARION COUNTY
AND THE CITY OF WOODBURN
'I'"
lSB
4. County, by and through the County Treasurer, shall place such funds In a
System Development Charge Interest-bearing account and annually.account to
City for said funds.
5. County shall expend System Development Charge revenues collected pursuant
to this Agreement on projects jointly identified and agreed to by the parties and
included in City's and/or County's transportation and storm water plans and/or
CIP's.
6. Funds collected pursuant to this Agreement may also be used as local matching
funds for state or federal grant/loan programs.
SECTION C. MISCELLANEOUS
1. Each party agrees to release, defend, Indemnify and hold harmless the other,
Its officers, council members, commission members, employees and agents
from and against aU damages, claims, Injuries, costs or Judgments which may
arise In any manner as a result of the party's performance under this
Agreement, subject to the Oregon Tort Claims Act limitations.
2. If a dispute arises under this Agreement. the parties agree to meet with 8
professional Independent mediator, mutually acceptable to both parties, to
settle the disagreement before a lawsuit may be filed by either party. The
parties shall share the mediation costs equally.
3. Should any portion of this Agreement be adjudged by a court of competent
Jurisdiction to be . vioIatJon of any local, state or federal law, then such portion
shall become nuD and voice, and the balance of the Agreement shaH remain In
effect. The parties agree to immediately renegotiate any part of this Agreement
found to be In vioIatJon by the court to bring that part into compliance with the
law. .
4. This Agreement Is subject to any applicable constitutional debt limitations and
Is contingent upon budgetary funds being appropriated therefor.
5. This Agreement constitutes the entire agreement between the parties and
supersedes any and all other agreements, written or oral, expressed or Implied,
pertaining to the subject matter hereof.
6. This Agreement shall remain in effect until such time as written notice of
termination is given by either party to the other at least 180 days prior to the
date of termination.
Page 2 -
INTERGOVERNMENTAL AGREEMENT BETWEEN MARION COUNTY
AND THE CITY OF WOODBURN
''fill'
15B
7. If this Agreement is terminated, all remaining funds collected pursuant to this
agreement shall be divided equally between the parties on the date of
termination.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
by the duly authorized officers on the dates hereinafter written.
MARION COUNTY BOARD. OF
COUNTY COMMISSIONERS
CITY OF WOODBURN
Chair
Mayor
Commissioner
City Recorder
Commissioner
Date:
Date:
APPROVED AS TO FORM:
APPROVED AS TO FORM:
County Counsel
City Attorney
Page 3 -
INTERGOVERNMENTAL AGREEMENT BETWEEN MARION COUNTY
AND THE CITY OF WOODBURN
'''''
MJ;MO
lSC
TO:
Mayor and City Council
FROM:
Chris ChDds, City Administrator
~
SUBJ.:
Status Report: Basement 8emodelingYroject
DATE:
November 6, 1996
The city's Fiscal Year 1996-97 budget includes some funds for the
development and full build-out of unused space in the basement of City Hall.
A Request for Proposals (RFP) for architectural services in connection with this
project was prepared and distributed In mid-September to five different architectural
firms that have done recent work in the Woodburn area. A -walk-thru. tour with the
architects was conducted on October 3rd, and the original deadline for responses was
to have been October 31, 1996.
Based on questions posed by potential respondents, staff has found it
necessary to extend the RFP response deadline until mid-December so that certain
aspects of the RFP can be clarifaed. Perhaps the most significant is the possibility that
the mechanical elevator In city hall may not be properly ADA accessible as had been
previously understood. .
Particularly with this necessary time extension, it will be virtually impossible
that final selection of architect, proper design work and preparation of construction
bid documents would occur such that actual construction could commence prior to
July 1, 1997 . Accordingly, funding currently budgeted for this project will be re-
budgeted into the succeeding fiscal year (presumably accompanied by more precise
cost estimates).
If it is determined with certainty that Ballot Measure 47 has passed, further
movement regarding this project will obviously be re-evaluated in respect to competing
financial priorities. Appropriate options or recommendations will be provided for
Council's consideration and any necessary action.
".
lSD
MEMO
TO:
Mayor and City Council
FROM:
Chris Childs, City Administrator
t,~
SUBJ.:
Hennanson ~ Watch Group Concerns
DATE:
November 5, 1996
As many of you are aware, the Hermanson Neighborhood Watch group has
been concerned about a particular problem location in their neighborhood. There have
been numerous meetings between city officials and representatives of the
neighborhood watch group to explore options for resolving the problem. The most
viable option, while frustrating to many in the neighborhood due to the length of the
process, has been a property foreclosure process presently being carried out by the
state Department of Justice.
The attached letter from our City Attorney represents the most straightforward
means of summarizing the status of this matter as we understand it, and in
articulating the city's position and willingness to support its citizens.
15D
CITY OF WOODBURN
270 Montgomery Street · Woodburn, Oregon 97071 . 982-5222
October 29, 1996
Fred Boss, Assistant Attorney General
Depart~ntofJu~~
Justice Building
Salem, OR 97310
Re: STATUS OF 444 MARSHALL STREET, WOODBURN, OREGON
Dear Mr. Boss:
cc: Mayor Nancy Kirksey
Chris Childs, City Administrator
Ken Wright, Chief of Police
Hermanson Neighborhood Association
Lucien Klein, Esq.
""---
MEMO TO:
FROM
MAYOR AND CITY COUNCIL
MARY TENNANT, CITY RECORDER "".~
DATE
November 12, 1996
SUBJECT:
UPDATE --- PRELIMINARY ELECTION RESULTS
The preliminary election results as of this date (4:30 p.m.
computer report) is as follows:
Measure 24-80 -- ADVISORY BALLOT:
YES VOTES 1,951
NO VOTES 2,229
MAYOR/CANDIDATE POSITIONS:
Mayor Nancy Kirksey 3,302
Write-Ins 200
Ward I Dick Pugh 876
Write-Ins 26
Ward II Dick Jennings 357
Write-Ins 11
Ward VI Elida Sifuentez 201
Write-Ins 9
According to Elections personnel, there are approximately 2,000
ballots county-wide that have not been counted as of this date.
,.
THE TACK RESIDENCE
2197 Camellia Way Woodburn, OR 97071
Tel. (503)981-6712
November 12, 1996
Mayor Kirksey and Members of the Council
Richard Jennings, President
270 Montgomery St., Woodburn, OR 97071
Ladies and Gentlemen:
About 40 years ago I was on a small town planning commission for six years, two years as its chairman. That experience
did not prepare me for the recent revelation that others have been able to severely restrict the time available for a
municipality to consider and act upon land use changes and platting proposals. I'm not alone in my concern over the
intrusion of others into the rights and obligations of municipalities. Lake Oswego has submitted Legislative Proposals #3
and #4 to the League of Oregon Cities for inclusion on the agenda of the conference scheduled for this week end.
Lake Oswego's Proposal #3 advocates the "Repeal or Modification of the Expedited Land Division Process (ORS
197.360 to 197.380)"--The 30 day rule. Some of their reasons are that it:
. "Is elective on the part of the applicant and supersedes all local requirements if so elected."
. "Is applicable to all subdivisions even if they require planned development review, design review, conditional use
permits, variances, comprehensive plan amendments or zone changes."
. "Removes the City Council and all local review bodies from the decision making process, and replaces them with
an independent 'referee'"
Lake Oswego also makes the important comment that "The expedited land division process is a significant usurpation of
local control over the local land use decision-making process. It also violates the central precept of the state's land use
planning program as set forth in Goal 1: Citizen Involvement. Instead of empowering citizens to be involved in 'all
aspects of the land use planning process' as mandated by Goal 1, it effectively cuts them out of the process, unfairly
skews the referee's review in favor of developers, denies citizens the ability to appear before local decision-makers and
denies them judicial review."
Lake Oswego's Proposal #4 advocates "Modifications to the '120 Day Rule' and related statutes". Their three proposed
amendments:
. Call for a reasonable jurisdictional deadline for filing for mandamus.
. Cite the delays inherent in the approval process due to state statutory mandates.
. Note the lack of consideration for variations in complexity of the partitioning in question.
They comment that "The 120 day rule is the same for a 127 lot PO with six wetlands and 100 angry neighbors as it is for
a simple two lot partition".
It is truly amazing that the "30 day" and "120 day" limitations could have gotten through the legislature and past those
who have the responsibility of preserving the options of the cities and their citizens. I urge your support of Lake Oswego
in getting these items on the agenda for the coming conference. I will be looking fOlWard to your comments on the
conference and feel certain that they will be of interest to many citizens of Woodburn.
Sincerely,
~~~~~~
Encl.: Oswego Legislative Proposals #3 & #4
letterS01/winword/a:\plaIS01 .llr
~...
\
'lI"
/.
t~ke oJw{~~ -I:v LcK 6'
LEGISLATIVE PROPOSAL #3
o
Issue:
Repeal or Modification of the Expedited Land Division Process.
. Current Law:
,d-B.. 6o~C: 19~cl"';
....:;;.'):...,;,:;;i,/,p;:.\;;ii<(...~(~~:~'.P..\;;::'J..~,.~<'::':..\"';' ,:<:..' .'. ..'.' ..'.
The. exp.edited land divisi~.ri pro~es~(q~~;1 ~~,~~~p ~~.11.~?~89,~ .~~~~,,;~IJ~~~~~ ,b,y:th7 . ~ ~9? /~':"i, .' .:.
Leg~~latlve . Ass7m bly toestabhsh . a~ ; e.ntlrely' ~~~~r~~~ / 1~1J8iy~e:f~ppr9y.~t pr.9P~~.~ l.f9rJ~~; :~;~F;;r, ~~ ~;;l:
partitions (creation of three or fewer lots) or SU~c;fIV!~IOnS" (c.r~~tI9Q.~pfJe,~rC?r~pr~.Ic:>.!s),';i~":~':i:t~::.:,;;.;.i::<,~i?;
of at least 80% of allowable density. <This statutory scheme:.~;" ;"::?i!':"~:ft:~;.::.<.~. \.,.. ~::.>::>;~~~ ';:;'!':/:~'./:': 1:7,
. .' . . '. '.:" '\';'i:~;';'''':'l:i;~:'''';!\:'\}:}\;:;.::';!'^'l~~~;,}t..~.(?....;.{ ,., ><.~. r ',,' . ,.:)
. ..~ Is elective on the part of the applicant and sJpersedes"ajlloc~l. requirements.'i~ so ~ ~
elected') .ORS 197.365. . . . :" .... , . . . " '. ::'.',i.'~r'~ .~,: ::;'> . .. ;": . ".;,>,".
.. i l \ .
, . .' ~ .'. .< " . . .:'r' . .'..( ,-:' , f. ::; '.";: ";", ;.. . /' .. , " , ~ t;
Adds a third set of distinct state-mandate local processes to those already in place .~.
for .Iand use decisions. and .limited land use decisionsio")'~";;"i:...: ~''''-''~ .:,~ , '., "."',
. .' .. ';"'>:t",-:,~:","ll.;l."l"!""","',:""';;"':"~' ".....
. '.' ,'/.~ ,
'.Has no provision for extension of, the time deadlines 'when requested by the.' .'
:applicant.',' " .:. .. ",;'~"I:,:,...;-/.;.,"i~;"~l..<~t.~;:~.:'.'.,~~' ie,.,> ..,'. .....,'.. ' . ""'-.'~:. .;,.;."
. '. ~~.:.~.'\I.,i.:. , ";)"1,-1.l;{'~~1~,~,..,,~~..r _::j.')il~!t'~.;.~.t'!';,-.";~,~,..,,.,,:: f, .' I . .. \:.~:~,
. '. '. ) .",~..I}>l.. .' . . .;,....,lv\,...~tf;;'{.~'>r~.Jo.f..I.,;,t,',~.;..~:.. :)"".t~'1 .,~ '!I' .' ;. . .' " , .1."
. ~ .' <'~fl~iapplicable tcrall subdi~isk3ri~<l~~~~rnftheY)eq'uirE{pi~rin~d developmenfre'vi~~,' . ,<:.~
;:design~review:conditionaIUse perri1its~Wanances3comprehEmsive' plan ~amendmentsor';/'.W/
; zone 'Changes';;; ORS 197 360(3) .J.t'?'li..~';~\~,~~'::~/1~;~~r;j':r~!"~-~~\fi1,~',,:~,1,. ';:;}.H/:J:;~ ,. ." "., ".' i-;"~:"l\' .
;: '. " i rei "".~, .... ,'" '. . · ,,(, .!t;;,,\,,;,; ;,~i,~;iij~1>;::'1~~~':.,;;;i$j{I\#\}.:~~;.~';7:~t[..0 ii:!, :'i:' ,!\: j}!\~~:~~1.is,
. '_ . . ;,;i~Retn~ves' the "citY' caui1~ii"~~a'v'irl~~'l~~J~tLbq~i~~~ff;o~~th'i;d~~s,~on'~ma~in~ t?i;~:~~'n'~;.J:~/),
process/and replaces them' . with 'an ind~pe,~~ent;~efer~e.~( 9F,t~.'~ ~?~~757 :" ;:.;. ;':S~!i:;:\::;~S;5,,/,/~,
. >". " . t.)', . " .' ;r(,'~f;,t;~..t;: "1'!.!;:(~r~:.",:Yij;;:~'.~:v~:}~,!~:~.;,:;/:,' .., . ,::\~:';);\;Jt;?>;;:..
_ . . Allows the referee to make a decision without a formal hearing and requires that ;. .:. ;':": ." .
. , " . ' . , . . 1 > . I . ~.". "..' " ' , ,... .
the referee .seek to identify means by which the application 'can. satisfY theapplicable}t,
requirements" ORS 197.375(3) and (4);' .. -. .J."~':"'" :' .". .' .,' . ':'.. .'.;,'''.
l .. "'.k
,~ .
Cuts LUBA out of the appeal process and sends an appeal of the referee directly
. to the Court of Appeals under a very limited scope of review that does not permit the'
Court to consider whether the decision violates the substantive provisions of the local.
comprehensive plan or land use codes. ORS 197.375(8), incorporating by reference OAS
36.355{1 ).
'j . " ~, .' \
O}
Legislative Proposal:
First Choice: Abolish ORS 197.360 ,to 197.380 in its entirety.
Second Choice: Amend the statutory scheme as follows:
1.
Amend ORS 197.365 to make the process optional for local govemments .
~
!1'"
, ,
,
((j
Legislative Proposal #3
Page 2
as well as for, the developer.
@
2. Amend OAS 197.635 to expressly provide that extensions sought by the
' applican,t are exempt from the time deadlines.
. .' . . ':' '. . , j'...,. ;..... ,. '.,.. . ,.... :,: ':- . ' . ~, :
,'!,,\!i,',,; 3, V::',; Amend OAS197.365(3j'soihat the process only applies to siralghtforward ",', ,
partitions and subdivisions thai are permitted outright under, exlstillg z~l)ing criteria. \!(the,Ry\:"""i,.,,;
appllcani Is asking for a modification or eXception io fue underlying standarristhrougti th,e~~i~~j~lf!
planned develop, conditional use or variance processes, or when approval requires a 7(:, ~'';;::~,:>ir';::1n.':
zone change or comprehensive plan amendment, the applicant should be required to go:~~~'~~:~ "',, >,';'
,through the full local citizen involvement process.:,.. ': j: ;'..> ."\~}":X;'::',:"(:-'f',F,'?;,~\'\.::'"
, .' . .... ' '" :'<",' .~.':". ,',:", ',i.:: ,:}~:i.~\~;C";;f:':\,.::"
' , 4. Amend OAS 197.375(3) to require the referee to hold a full de novo public ~i:~e;,'~';}:'",(:'> '
./ .1 . \ ",.1: ,.,. ~ ,.:. ~:.
hearing pursuant to OAS 197.763, and eliminate the third sentence In OAS 197.375(4) ,'/1'.1';:/', '/,
that mandates referee bias in favor of approval of the application.'; ': ", ",J.,;:::~:' >(i.:;/,>:";i)
'" , " . ,.;:,.., """ ;: ',,;. ': :.'.~ ';','l:/r:;'/rJt:";:,i,::
. ' 5. ; 'Amend OAS 197.375 to restore jurisdiction to LUBA for review of a refere~'s ~::'~;:~:_:":: ,,'
\ ..' . .. ' ~
decision under the standard ,scope .of review for land use ,decisions set forth in O~S;~.:.;,\(~+,
197.835 and make this the same scope.of,review at the Court of Appeals.>':",Y''- /;({,::r';;~:"i;:.:"'J.''.'<:,, .
<:,:'-"hr)~:/;;~;":';"'.i' ~; ;: " ,;,j!' .,;;:' . . '. " . " , ,,1,<,:::/ ::',.l!'i~.;.,J;~',
. .AatIO,~~: ,;,:::, , , .:'''', .' " . . . , '. . ';,;~H::'';Ji'':~[~',<
.;r;!J!.~~~f3.dI~.d. division. Process "~ J~.ign~!1!.~Sl!~~i9.~,Q!. ~,~!"~~trolii)(la~;i;.l~~44\~~it.:t;:
.. · 1oca1,,18I1.d..!lse.,~~!on-maktng proc\'~!')~, !l!SOVlOlates ~e central Jl~Pt~!Jhe,:stat~'s' ~!f;~Y;.
land,' ~~: PI~!1~.mg progran.' as .set,f!lrth, m~oal. ~1; 'l',Cl!Jzen V~"9/ye{n~. ,1 Instead of"" ,,4!,;;1: 0;;;;
, . empowering Citizens to be Involved In .~a" aspects of the land use planning process."asJ~(:&I~~X:~<::,,:;'
mandated by Goal 1 , it effectively cuts them out of the, process/;unfairly "skews :the'J?~~Z%~;i{:X:?6'.:'
referee's review in favor of developers, denies cRizens the ability to appear before local jY;';~~\':.:A,.rf,
decision-makers and denies them judicial ',review. Finally, R 'adds a third ,'se(,of "~";i'i;,;,"
complicated procedural requirements and time deadlines to the already over-complicated . ~)~r;'~:.:'"
procedural requirements existing in the statute. ' Indeed, the ultimate irony is that this: ~.,
state-mandated process was enacted to address developer concern that it was too easy.., ,"
to torpedo, ,delay or reduce the density of otherwise legitimate development urlder the :'<_
existing state-mandated procedures. If there is a serious problem, the legislature should
streamline the existing procedures rather than layering on yet another complicated
decision-making process. Citizen cynicism will increase and local government, not the
s~ate, inevitably gets the blame.
(';.
'Jl
,.
/
L.J..L Os W4~ ~ (.. () t.. (J.o terfI
\
.
LEGISLA TIVE PROPOSAL #4
Issue:
Modifications to the -120 Day Aule- and related statutes.
Current Law: 3B ~J.JI.o"'- I q1",~ , . . "
.,., ORS. 21~!428(Counties) ;~nJ'; ~7:1i8i(~it]~S)~~lie1ii~~I~!ii;fcfj~~~4Ci~IOnS' .',~.., .: " ,""~
lncJ~irI~:resolution of :~l/ jloCiil~alS~i~be!meci?~h1~,AA~~IJI!!t'~~~J!!I!l'!f' '/{~
. appllCatron becomes flO8f.1f the IocaJ gove.II1m!!nt fa.ls ~ dO~p,,'tfje,.appl~ <:m,1.,se!3k,.;~~
. a writ of mandamus in circuft court to force the local government to '~PPrO."'! .th,e ~i".'~:::n:~;i:~Lit1,i::2~'
(and pay the applicant's attomey fees). In State ex rei Compass Corpotaliofl v.,the,.cilY.(H;~>;f::;'i',\;:;:;,~\!.
~f Lake Oswego, 319 Or 537 (1994), the Supreme' Court concluded that ~'apPIi~i's'~(~~iH:f:i~I\74i
nght to seek a wrft of mandamus accrues. on the .1 ~lst dayregar~l.~ss. of ~hethe~. t~e i.jrl\iF:;r~~.tS.';;1:
local government subsequently makes a fInal dec.slon on the merttsbefore the writ 'S"."41,.,'.')'\:.',";,',:,
sought or Issued.' . ,., . i ,.:. '."'" " " ":".' , >,. · ;;:., . ""'" ,_,,"::"'j,'\,,!, (':"::'7': ..i,;;.:.,.I'......: ;f;.':
I I. I' , . ."~' , ..... . ," t 3 ~ ..."', .... '<.
. ..' " ..', ':"::> .......'..,7.:,~;,.:..:.jc..~(.'jl~,^i:;;.::;.'V"';f't'...~;.'1
.. \' ,.....' ". " '. : ~ ':" . ."', \ :.:.~::~.:;.'{!{.,;r0:f~~;:~ ~
In 1995, the legislative assembly amended ORS 197.763, whIch governs local land.use !i'::";';), ,,,:,~,:;.
. ., . . .' '. '..,'. ~ .' " ' . , . ,
heanng procedures, 10 make the mandatory contInuances contaIned In the statute subJeel ,. : :~.; <. . . \." "
to 'the 120 day rule. un less the extension Is approved by the applicant ". Pro'- to : thi~'JPf,.;1t\ {:.:":;' ii: :;',:
. amendment, the slate mandated continuances were unCOndftionaUiexempUrc:ini the 120 !}';;{.,,5!:/ fA:',;;
d . d . I ' . 'J , . . . '" . , ." .. \ I .' , , . ' " .. , . <' ( ., . 'f 1 ' . .. '"
ay peno .. . .'. ...... -., ,., . '.' "........ ,,'. .'..,. ",",
.... .. '. ,).. . . ..,>.... .. . . ,. .7'" :!~\(: . '. ... ':2;',;~1Jrj',~\\, ~ii~~
. Legl.sJative .Proposal., . . '.. .,.... . '. .,."'...,'.L.... .vi.',.... ,..
.." "!'i,;~+ ";",..$~:, ,.., . '. .';,,,....... . "":)' ,;.".. 'i: . . '1., '''~': J..., , ;m,'\";<':(~;";:1\,.i':'7:~":;:k' ".,
L;};Amend ORS 215.428 and 227.178 to add a proviSion estllblishing'a'deadlineior.
. '. .: . , " '. ; ,. " 'r. '.' . . ,...
an applicant to file for a wrft of mandamus once the 120 days has passed andIor ~ulre , .L
. . --'" ,", , '''''1'' ".:\...".k. ....t1
that if an applicant chooses to continue withlhe .local process aft~r . the 120ctays is,;\:,
exceeded he or she waives the right to fire for a 'writof mandarl1ljs.'i"K;";~J?:J..'SC~'lIJ'{~~.'i;'&', ."
. ..' .., '.. · . . .' . ., .;.' ." ;. ;. '..' ':l. (ii.";::.' .;~.;.' I '''l:;;~'i'~:\1ir;I:~!:I';{I'i;;1':~;~;:i'.rJ'1f\i)if:
2. . Amend ORS 197.763(6) to iestore the tmcondttional exemption from the 120 day",'!"',,{,.+;,;.i,';,
periOd for continuances mandated by the state. " . ". ',' ''.'' '. :;'. , I' >"'.J',',Ci:, .." " ", ','"/' \":3,i::f;:;LA{'
. .'; :. .,. ,.;....:,. . .....:.'. ,~' .":":";"'.';.,;, ':';\,'<(!'Ji,.'.',\.\.
3. . Amend ORS 215.428 and 227.178 to add a provisionsimiJar io that In ORS
197.370(2) (one of the few good p~ovislons I'; the expedfted land division siaiute) that
penntts a local government to make a reasonable extension of the '120 'Day perIod
(perhaps 60 days) upon a finding that an unexpected increase in number of compleXity'
applications makes compliance wnh the 120 Day Rule Impracticable within that period.
- Ratjona~ _
- , ~. I ',. I f ~;: t ..' r ,. ~
1. For Ihe firstl2roQOSed amendment: As the law now stands, an applicant is enlftled
to proceed with the local process after the 120 days expires, but if he or she does not like
the outcome and does not want to appeal to LUBA, he or she can then bring a ~
,.
... .. . ...
. ..
Legislative Proposal #4
Page 2
,,-,-
,,(]
mandamus action against the local government. Indeed, because there is no limitation' .
in the current statute, an applicant could conceivably file a 120 day ~ule claim uP. to ten
years after the expiration of the 120 day period (see OAS Chapter 12; ORS 12. 140}... " .
There should be a reasonable jurisdictional deadline for filing for mandamus.>>> 21 i:fays Is',' ,,"
, the ~tandard for lan~, use;~peal~>!?1 ~f!!3!'s,:.1'1, !,'!f"!iti9~, %>'r ,,~,~,~~!'"~tf\(~ ' ,if, ,th~ "V:-, ,,'
applIcant proceeds with the local/and, use prpceedll)g after the ,exp1rlitlor1>ofthe 12() day,,,,.,, "
period,' thai 'decision should be ':treal~ ri#}'~6,t~~I~?JEfLf.",iJ:i,ii#Y,8tiiW:S~~P!<;I,i.~~~<~ .,1,,,,, "'t\".;,
man dam us proceeding once the ' loca/~g~V1!lni!"eni 'haSli'li~det~i:!f~ 'f!!!a(tdeC\Sl~ijJ( qt'~ii
preliminary oral decision, if findings are brought back Iater):'liTo boi'ro""lwo;hackneyed > ':;;
metaphors, an applicant should not be able 10> ha~ his cake ande;aJ,.~!\t~,} ~~.i#~~~,;ylif;!!&' ''''\04. '
allaxpayer's expense -,and should nll\ g~! lw;o~~~s ,~I1h~app'I,~;;f;;ii;1ii/ .!:,'!L",::ii:'f\lt~'i"l",r;V\:tf!~Wi;'i/>
> > >, "".: ~'1 i,,' ;,' "', l",A"i,;",,:.!/j"'i't~""ci,,;,.'t":":f:,~:i:'fV::j~:f.<~~(!:;,;;it;t"
2. .. For th,:, second I1rooosed ameridmenl:'~uch ofJhe del~Yil)"!h,:,,loc;lI,aiid~se~~x;t::',:
declsr.on~aklng process Is ca.USed by stale staluto,?, mand~l,:,s rega,~dlng local reVlew'lg~~',:;.';::, '
conlalned .n OAS 197.763. ThIs slatute was enacted In 1989, SIX years after the 120 Day.'\ti,,)j~ ,. '" ':
Aule was first imposed in 1983. As' originally enacted,': OAS ,;197,763 ,required 'loCal ?If.,,;'H~M::>
evidentiary hearings 10 be cOntinued at the r99uesl of a partY 10,address new evidence,;;~~r ',,\
or required l(1e record lobe left <lJlSllJClr 1!\leil~Se\fen ,~yS, ~ft~rpICl~ure 'llf, the hearingrl~~j;r:J"
' for any reason al the request of anyl'l!r1y.;,> Becalls~ ,th~s,~ PfClvISIO!'!,S ,Wllreadd~slale;' i,~fY~~ t,
mandaled delays, such continuances or extensions ,wereiJ!1condilionally exempted from" "ti?:'~'"
. I .., . .,.., . . , '. .. "",. .\, '",." ,.,.".
the '120 day period. In 1995, the mandatorY conlilllianCe/openrecordailer!'!atives were 8. ..,.,' "''':1\;:', '
' modified to 'equire additional continuanceJ.lO '9hl,,'paitieS)heopparttinity 10 "espohd Id'ij "':::
. '. '" .... '. :'" . ...:........ I' .~ .,..... ..... "r:. \," ,.;.,.
new; eVIdence or lestimony submitted dunng the mitlal contJlluance or. open record period. \1{i
The m~dalory extension Is now. a ~illimu'!!.:o!+~;~~~,1ar.1#,~:~~,,!i?!i!1~lldi!P,{iid~9 , , ,
on meeting schedules for local hearrng bodies (who ,are. generally . unpaId .volunteers
' ,', " .", "''''"i;'i;;;;;;c:i'iN!i;!::i, ';"f!'ti'l'~'iJt~~~<<;~&~~~"I:!'i:~~lh~
Unfortunalely, this increased stale-mandaied delay Is no longereicemptedirilmthe .120 ~;:,
day rule unless Ihe applicanl agrees:~: See OAS, 19i:763(6).'1;r ii-i' Lake: Oswe90', (and,Y", };\,;',
suspect, elsewhere), most conlinuances are requestedbyopponentsand are unlikel}i toJ(:lL.. i~~~t"
b.e a~reed 10 by the applicant. 'J!1e <?ity the') has the Hob~on' s .choice of elt~er ll'?tentlally.i'iff\~~;jBffjj;:",
VIolatIng the 120 Day rule or vlolallng the opponents' nghts 10 request a ,conllnuance. ,:,;':' ", 'i': ::>
Stale-mandated delays oughllo be exempt from slate-mandated deadlines. . ,::, >, j;, ,>, ,,' 00,>", :
' ..,.- .::' . ;'i\i>:'~~ :i;;.;',~.~,' '.Y>,:''',;'~/',F;,.t .t. )'\L'
3. For the Third Proposed Amendment: ~:The"120 day ":Jle)s thesame'f()ra "127 iot .
PO with six wetlands and 100 angry neighbors' as it is' for 'a "simple' twC)')ot partition. .. In
addition many juriSdictions experience a winter and spring .bump" in applications to take
advantage of the building season. The blanket 120 day rule therefore becomes a '.
mandate without the money because the local government is forced to hire additional
planners or divert staff from other projects (or violate the 120 day rule) when faced with
a large inffux of applications or a large number of majo~ or controversial projects at once. .
A provision Ihal would allow the goveming body 10 granl a sixtY-day extension in Ihese
circumstances would not unduly delay Ihe process and would enable cities and counlies
to control their workloads with less cost.
!I