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Agenda - 09/23/1996 1. 2. 3. 4. AGENDA WOODBUIlN crn COUNCIL 270 Montgomery Street · · · Woodburn, Oregon September 23, 1996 - 7:00 P.M. "'~J~/)iP,r"~$~\~j~~ ,/,J" ~jtj "';" tN;:J~J,.n . .-.. . ~ ., -. -. ~ .-..-. .'- .- .... v " -. ....-. y _ 1:o~frn, ~{iJt ~de :x t ~ :::ff- ~,*- -- A. B. Council minutes of September 9, 1996 regular and executive meetings. Council minutes of September 10, 1996 workshop. , . > ::;' ..:',' 'F ~: ; I ~ ,< ' ,i ~" '. ~,~ '! ~<>~~ %},d k' !.~:.~;. ~~ li.<.: ';'~l-.,:} k~",~l~Y~ '1.' ( ,~\l-.,~, a... APPOINTMENTS: 3A 3.e. ANNOUNCEMENTS: A. Sectember 30. 1996. 7:00 c.m.. City Hall - Workshop concerning subsidized housing issues (with County officials). B. October 14. 1996. 7:00 c.m.. City Hall - Public hearing: Mar-Dene Corp. Access Conditions. C. October 15. 1996. 7:00 c.m.. City Hall - Public hearing: Esperanza Court. PROCLAMATIONS D. Crime Prevention Month - October 1996. !Q. 5. &i{%1~: ;'d ~ P.Z:'ll ;1:;:1 ;"1:;) a ~ . y. ... "" -... ... . A. Chamber of Commerce B. Other Committees 6. ;;::F'lu di 'j~h >~ ~'l'ljttQ -. .' . . .. " 7. ~~h:J h:i :i,' :% ~ &<,~ ~';t~i ~ a~i; 0. ~1 ~it (i .' .. .. . . (This allows public to Introduce Items for Council consideration not already scheduled on the agenda.) 8. ~~ ~..: . ~ ~ &~ l ~ ~ . .... "" ..... ..... .. . 9._ Page 1 - Council Agenda, September 23, 1996 ~" ,10.._ ~ ~p' 11. 12. 13. 14. 15. A. Council Bill No. 1749 - Ordinance annexing into the City .56 acres located adjacent to and west of Boones Ferry Rd, amending City Zoning Map from Marion County UTF to City of Woodburn RS. B. Council Bill No. 1750 - Ordinance annexing into the City .33 acres located adjacent to and est of Boones Ferry Rd, amending City Zoning Map from Marion County UTF to City of Woodburn RS. Council Bill No. 1751 - Ordinance amending Ordinance 1638 to modify the definition of an animal running at large. D. Council Bill No. 1752 - Resolution entering into cooperative agreement with the State of Oregon for preliminary engineering and construction financing for installation of a traffic signal at northbound ramp of 1-5. E. Request from PCUN for use of sound amplification equipment. F. Acceptance of public utility easement adjacent to Parr Rd. G. H. Acceptance of public right-of-way on Parr Rd. Contract award: electrical work at WWTP. :.\ ~;~4 {1"'iV~'H,,^%J<",i8 k;..q,~, ~~ . . . .. ~'* 5; ;'~ tii:;.~ ~ l,i, i~\ i' ~/ ri , " ,; ~:; '}j;J: i~ i~3 r~' r::t~1~' , ' , <~; t l.\~:U;~ li~\~ L',;.{~'f ~ r~1 ~ [-.. ". . .... .' . .... ~1 ';,', ~;;;;;; . ;;,<;;hH~ ..... ," ...... ..<V.... A. B. C. D. E. City financial support of Woodburn Area Chamber of Commerce. Additional data on Ballot Measure 47. Measure 43 - Collective bargaining/public safety. Marion County Community Correctional Forum Report. Library Park improvements. F. Water well head protection and private well abandonment program. A 10 -12 minute presentation by Public Works staff. 16. 17. 18. ">..' : 'I . ~. .' ",' 't ...~........... .,. "'f.. ~ut '~,~J.U,; -" ~;j;h;,.," ~ ~\lii:>m~ %\..~h~ .' . li,';' ~ ~#J~is(g~~lh., :0i @i1~~*1& . . . . q 15 '? :50 - 0 : at:nfO--! To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. ORS 192.660(1 )(h). *...~ ~ ~n.i~~~;:1.;;j @.<b' 19. ._1- ...... ~:n Page 2 - Council Agenda, September 23, 1996 ..... .1QA lim .li2C 1QQ 1QE 1Qf .lQG. .1Qtl .15A ~ llC. .15Q ill TAPE READING .QQ!U .QjlQJ. .QjUQ ~ , - ~ 0056 3A COUNCI:L MEETI:NG MI:NUTES September 9, 1996 DATE. COUNCI:L CHAMBERS, CI:TY HALL, CI:TY OF WOODBURN, COUNTY OF KARI:ON, STATE OF OREGON, SBPTEMBER 9, 1996. CONVBNBD. The COuncil met in regular session at 7:00 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Police Chief Wright, Community Development Director Goeckritz, Finance Director Gillespie, Park & Recreation Director Holly, Wastewater Superintendent Sinclair, City Recorder Tennant MDnJ'TBS. FIGLEy/PUGH.... Council minutes of the August 19th workshops and the August 26, 1996 regular and executive session minutes be approved; and the Planning COmmission minutes of August 22, 1996 and Library Board minutes of August 28, 1996 be accepted. The motion passed unanimously. ANNOUN'CBKBN'rS. A) Applications are being taken for the Citizens Police Academy sponsored by the Woodburn Police Department. ,B) A Council workshop will be held on Tuesday, September 10, 1996, 7:00 p.m., City Hall, on the issue of street improvements. C) A Council workshop will also be held on Monday, September 30th, 7:00 p.m., City Ball, to discuss subsidized housing with Marion County officials. D) A public hearing will be held on October 14, 1996, 7:00 p.m., City Hall, regarding Mar-Dene Corp. Access Condition. PROCLAKATI:ON - DI:SABI:LI:TY BMPLOYMBN'l' AWARBNBSS MONTH - OCTOBER 1996. Mayor Kirksey read the proclamation declaring the month of October 1996 as Disability Employment Awareness Month in Woodburn and urged local citizens to learn more about people Page 1 - Council Meeting Minutes, September 9, 1996 'II TAPE READING .Q.1Q2. .Q1H 0451 3A COUNCIL MEETING MD1UTBS September 9, 1996 with disabilities including their strengths, abilities, and programs available to serve their needs. t"'lf~MRBR QF COJaIBRCB REPORT. Chamber representative Karen Sparks from the Comfort Inn reminded the Council that the Greeter's Program will be held at Colonial Gardens on September 18th. The Chamber Forum will be held at 12: 00 noon on that date at Yun Wah' s Restaurant on the topic RSecrets to Having Exceptional Employees". COMMONJ:TY CBN"l"BR. ADVISORY COMHJ:TTBB. Darrell Mendenhall, Committee Chairperson, stated that the appointed committee started meeting about 3 months ago to determine if 1) does the City want a new community Center, 2) where should it be located, 3) what type of facility should be proposed, and 4) how a new facility should be funded. The Committee has been actively working on this project and recommends that a new Community Center be located in the downtown area near City Hall. In regards to the question does the City need a new Center, the committee voted unanimously in favor since the current Community Center was designed to be a church, it has inadequate parking near the facility, and significant capital improvements are necessary to meet ADA standards. In regards to the issue of location, the Committee considered locations on Highway 214 near Industrial Park, along Hwy. 99B on property currently owned by the Brack Family, Centennial Park and downtown near current city facilities. The Committee kept focusing back to the original Facilities Task Force recommendation made earlier this year to locate a new Community Center near City Hall. If this were to happen, downtown Woodburn. would have its RheartR near the Library, City Hall, and the Aquatic Center. Additionally, a potential Transit Mall could by located in this same area. He stated that the Committee has taken field trips to locations in Washington and Oregon and have found that the Community Center i.s usually located near thei.r City Hall. It is the Committee's recommendation that the. City acquire 2 full city blocks plus the purchase of property on the south side of Oak Street abutting Settlemier Park. Mr. Mendenhall stated that he and Robert Sawtelle had purchased property on the south side Cleveland Street directly across from City Hall with the vision that this property could be used for expansion of city facilities. The property was acquired by the City earlier this year through a donation on his part to the City and an agreed upon purchase price to the estate of Robert Sawtelle. The passage of a tax base in November 1994 gave the City some "breathing room" to further their vision of locating city facilities in a centralized area. Councilor Figley questioned if the Committee had looked at detailed plans for a new Center. Page 2 - Council Meeting Minutes, September 9, 1996 'II 3A COUNCI:L MEET:ING MI:NUTES September 9, 1996 TAPE READING Mr. Mendenhall stated that the Committee has not settled on an exact design, however, they have agreed that the facility could be as much as 50,000 sq. ft. in size. The Committee will not pursue detail design without the assistance of an architect. Even though the Committee has recommended that the Center be located near City Hall, they have not recommended a specific site for the location of the Center, however, a map was made available to the Council designating the properties recommended for acquisition at some future date. Councilor Pugh expressed his appreciation to the Committee members for the work that they have accomplished to date. ~ LETTER FROM BARBARA ROZC1tO. A letter was received from Barbara Rozcko, 339 5th St, expressing her opposition to the high sewer bill she receives. In her opinion, the City does not need such an expensive plant and the people should vote on this issue rather than it being a decision made solely by the City Council. ~ Marshall Serna, 444 Young Street, requested the Council to pass a "leash law" in Woodburn. He stated that he has been having problems with a dog coming into his yard and he has been told by the Code Enforcement Officer that the City does not have a leash law in place. He suggested that, if nothing else, the City adopt state laws on this issue. .Qll.2. Maria Parra, 275 Cherry St., Mt. Angel, questioned if the City had ever made a proclamation for Fair Housing Month. She stated that the 1964 Civil Rights Act as it relates to Fair Housing goes hand-in-hand with the Americans with Disabilities Act (ADA). . Mayor Kirksey did not recall doing a proclamation in the past on this issue, however, like all other proclamation requests, she is willing to prepare a proclamation that has been submitted to her from outside sources. .2.212. Charles Cornwell expressed his desire to speak on the parking. issue that is included in the packet under staff reports. Mayor Kirksey stated that she would give him an opportunity to speak on the issue later in the meeting. 0721 POBLXC 'RRJUUNG - AHHRXA,TION 196-02 AND ZONE MAP AMENDMENT #96- 01 (BAGLJ:BN/USCB PROPERTY). Mayor Kirksey declared the public hearing open at 7:22 p.m.. Recorder Tennant read the land use statement as required by ORS Chapter 197. Community Development Director Goeckritz stated that any annexation process which starts within 90 days of the biennial primary or general election cannot become effective until the day after the election. He stated that alternatives available Page 3 - Council Meeting Minutes, September 9, 1996 1l TAPE READING ~ 3A COUNCIL MEETING JaN'OTES September 9, 1996 to the Council are 1) approve the Planning Commission's recommendation, 2) approve but modify the Planning Commission's recommendation, or 3) deny the Planning Commission's recommendation. The property is located adjacent to the Tukwila development on the east side of Boones Ferry Rd. just south of Tukwila Drive and consists of approximately 1/3 acre. The applicant had requested city utility services earlier in the year and have since received those services, however, they had signed a non-remonstrance agreement regarding annexation of their property to the City. No one in the audience spoke either for or against the proposed annexation and zone map amendment. Mayor Kirksey declared the public hearing closed at 7:35 p.m.. JENNINGS/PUGH.... approve the Planning Commission recommendation and direct staff to draft an ordinance with findings and conclusions with the annexation taking place one day after the biennial general election. The motion passed unanimously. PUBLXC R1l!a.VTVG - "'NNRYa.~IOH '96-03 AND ZONE MAP AKBNDMBN'r '96- 03 (Woodburn Art Center). Mayor Kirksey declared the public hearing open at 7: 37 p. m. . Recorder Tennant read the land use statement required by ORB Chapter 197. Director Goeckritz reviewed the staff report and reminded the Council that the same statute provisions regarding the effective date of the ordinance would apply to this annexation. In this case, the facility needed adequate water supply and they had requested, and been granted permission, to connect to the City's water line wiJ:h the condition that they would not object to future annexation of their property to the City. The property is located along H. Boones Ferry Rd adjacent to Heritage Estates. The Planning Commission has recommended annexation of the property and amending the zone map from County UTF to City RB. Joan Garren, representing Woodburn Together, stated that her group was working with the Art Center to begin an art program for students and she questioned if the RS zone is a proper zone for an Art Studio. Director Goeckritz stated that he is supportive of the proposal from Woodburn Together and the Art Center, however, the Art Studio in a RS zone would be a non-conforming use. Mayor Kirksey declared the public hearing closed at 7:45 p.m.. After a brief discussion on the zoning issue, JENNINGS/PUGH.... approve the Planning Commission'S recommendation and direct the staff to prepare an ordinance with findings and conclusions with the annexation taking place after the biennial general election. The motion passed unanimously. Page 4 - Council Meeting Minutes, September 9, 1996 i TAPE READING ~ 1ill ~ ~ 1646 3A COUNCIL MEETING MINUTES September 9, 1996 Councilor Jennings stated that he would support a zone change if it would benefit the Art Center. Mayor Kirksey reiterated that the Art Center is an asset to the community. COUNCJ:L BJ:LL 1747 - ORDJ:NANCB GRANTING "1'0 U S WHST COMKUN1:CATJ:ONS '1'IIB lU:GJIT AND PRJ:VJ:LBGB "1'0 l)O A GBHBRAL COIIHUN:tCA'l'J:ON BUSDlBSS AND OPBRATB IN '1"BB CrrY. COuncil Bill 1747 was introduced by councilor Bagenauer. Recorder Tennant read the two readings of the bill by title only since there were no objections from the COuncil. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1747 duly passed with the emergency clause. COUNCIL BILL 1748 - ORDINANCE ADOPT:mG A SBlfER USB ORDINANCE. Council Bill 1748 was introduced by Councilor Hagenauer. The two readings of the bill were read by title only since there were no obj ections from the Council. on roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1748 duly passed with the emergency clause. CLADIS FOR '1'IIB HONm 01' AUGUST 1996. SIFUENTEZ/FIGLEY... approve voucher checks #33248 - #33722 issued during the month of August 1996. The motion passed unanimously. Charles Cornwell, business owner at 390 Second St. (Cornwell Colonial Chapel)~ provided the Council with a brief history of the parking situation in. the downtown area. He owns two parking lots across from and in the vicinity of his business. Marion COunty Juvenile and Marion County Health Department rent office space adjacent to one of his parking lots. The County employees are using all of the available on-street parking spaces in front of his business. He has submitted a proposal to the City which would impose a 2-bour parking limit. Establishing this limit would give his customers, along with the County Juvenile and Health Department clients, additional on-street parking spaces. He also stated that the County Juvenile and Health Department clients are currently using his private parking lot since the County staff is using all of the on-street parking spaces. Maria Parra, Marion County Juvenile Dept. employee, suggested that the City give notice to the County so that, if appropriate, the County can provide comment on the proposed parking restriction. Page 5 - Council Meeting Minutes, September 9, 1996 '1f TAPE READING l2ll .u!Q 2035 2048 3A COUNCIL MEETING MINUTES September 9, 1996 NEW BUSINESS - - LEASH LAW ISSUE. JENNINGS/SlFUENTEZ.... staff be instructed to draft a leash law. Councilor Jennings expressed his concern regarding the inability of some dog owners to keep their animals under voice control. He urged the COuncil to consider the passage of some type of leash law. Councilor Chadwick stated that Senior Estates does have a leash law as part of the homeowner rules. Councilor Figley also spoke in support of a leash law. Administrator Childs stated that the City does have an animal control ordinance that requires owners to keep their dog under control or confined to the owner's property or on a leash. Staff will research this issue and prepare necessary documents. Councilor Jennings reiterated that he wants the leash law to protect the residents of our conununity. The motion passed unanimously. SITE ACTION PLANS. (A) Site Plan Review Case No. 95-26 -- Esperanza Court: POGH/HAGENAUER... open Site Plan Review Case #95-26 for a public hearing on October 15, 1996. Councilor Jennings stated that he would vote for this hearing in order to not stifle public comment. Councilor Figley agreed with COuncilor Jennings and she complimented the Planning commission for doing a fine job under difficult circumstances. Councilor Sifuentez stated that she would support the motion so that the public can hear what has been going on as it relatesrto this issue. Attorney Shields clarified the motion that it was being called pursuant to Section 11.050 of the Woodburn Zoning Ordinance and to set it for a public hearing on October 15, 1996. Further discussion was held on the proposed date of the hearing. On roll call vote, the motion passed unanimously. (B) Site Plan Review -- Seventh Day Adventist Church, 1100 N. sixth Street: The Planning Commission approved, with conditions, the expansion of the parking lot and an approximate 590 sq. ft. addition to the existing building. No action was taken by the Council on this site plan. STAFF REPORTS. 1) Ballot Explanatory Statement: Recorder Tennant read the explanatory statement which will be printed in the County Voter's Pamphlet. Page 6 - Council Meeting Minutes, September 9, 1996 11 3A COUNCIL MEETING M:INUTES September 9, 1996 TAPE READING 2302 2) Consideration of Restricted Parking Areas: Staff is considering requests made to restrict parking in the following areas: A) east side of Second Street between Garfield and Hayes Street (2-hour parking restriction); and B) Park Avenue near Nt. Hood Ave. (no parking south of Nt. Hood Ave. to allow for easier turning onto the highway). The requests have been forwarded to the Police Department for comment and, if staff agrees with the requests, a recommendation will be forwarded to the Council by the first meeting in October. JENNINGS/HAGENAUBR... staff consider proposing No Parking on either side of Park Avenue from the Nt. Hood Ave. intersection to the north side of the City's property. The motion passed unanimously Following further discussion on this issue, JENNINGS/PUGH... staff prepare the necessary documents to restrict parking on the east side of Second Street between Garfield and Hayes Street to 2 hours. The motion passed unanimously. 3) Library Development Grant: A copy of the grant application was included in the agenda packet for the Council's information. 4) Ballot Measures 46 and 47 - Local Impact: Administrator Childs provided the Council with a brief memo summarizing the effects of each measure. Ballot Measure 46 pertains to passage of tax or bond measures requiring the approval by a majority of all registered voters rather than the majority of those voters actually voting on the issue. Additionally, general-I'-obligation bonds. would be subject to the Ballot Measure 5 limitations which was passed in 1990, therefore, creating an approximate loss of $96,647 in current city property tax revenues. Ballot Measure 47 would reduce property taxes paid to levels established in 1995-96 less 10% or 1994-95 taxes, whichever is less. This measure would also limit future tax increases to 3\ with a few exceptions. The estimated loss in revenue to the City would be $586,089 if this measure is passed by the voters. Councilor Pugh stated that he hoped that the Administrator's memo would be repeated in the local paper and/or Cable TV so that this information would get out to the public as to the effect of these measures. Mayor Kirksey questioned the constitutionality of these measures and expressed concern over the loss of services within the community if property taxes were cutback due to the passage of these measures. Page 7 - Council Meeting Minutes, September 9, 1996 '1! 3A COUNCIL MEETING MINUTES September 9, 1996 TAPE READING 2455 5) Wastewater Pre-Treatment Program: Wastewater Treatment Plant Superintendent Sinclair gave a short presentation to the Council on the City'S pre-treatment. program. The program focuses on permitting, compliance documents., monitoring flows, and protection of public health and safety. Director Tiwari stated that preventative measures relating to pre-treatment will hopefully make a better environment within our conununity. Regulations pertaining to pre-treatment are issued by the Dept. of Environmental Quality (DEQ) and the Environmental Protection Agency (EPA). 3011 Police Chief Wright spoke briefly on the Citizen's Police Academy which is scheduled to begin September 24th. This program is an 11-week course which is designed to create a better informed community about police work. Several applications have been received, however, he has not yet received an application from a Councilor and he feels that it would be beneficial for the Council to participate in this program. Tape 2 0130 MAYOR AND COUNCIL REPORTS. Councilor Pugh complimented the Woodburn High School football team on the game they played against Clatskanie last Friday. Even though Woodburn lost the game, they played better football than Clatskanie and they have improved over last season. Councilor Figley questioned the recent resurfacing projects being done by the City. .. Director Tiwari stated that the City had recently rented a drag box and only put a thin layer of asphalt on the roadway in order to preserve it for a few more years so that major reconstruction work will not be necessary. The drag box is not as smooth as a regular resurfacing project but it will keep the water from going under. the asphalt and further deteriorating the original pavement. .Q2.li RXECUTrvB SBSSION. JENNINGS/FIGLEY.... adjourn to executive session under the authority of ORS 192.660(1) (e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions; and under the authority of ORS 192.660(1) (h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. The motion passed unanimously. Page 8 - Council Meeting Minutes, September 9, 1996 'If TAPE READING 0253 ATTEST 3A COUNCIL HEETING MDroTES September 9, 1996 The Council adjourned to executive session at 8:37 p.m. and reconvened at 9:17 p.m.. Following their return from executive session, Mayor Kirksey stated that tbe Council would be taking no formal action on issues discussed. ADJOURNMENT . FIGLEy/JENNINGS.... meeting be adjourned. Tbe motion passed unanimously. The meeting adjourned at 9:18 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR Mary Tennant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, September 9, 1996 'II Executive Session COUNCIL MEETING l\.fINUI'ES September 9, 1996 3A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPl'EMBER 9, 1996. CONVENED. The Council met in ~ve session at 8:43 p.m. with Mayor Kirlcscy presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jenning.~ Pugh Sifuentez Present Present Present Present Present Present Present Mayor Kirksey reminttM the Councilors, staff, and press that information discussed in executive session is not to be discussed with the public. Staff Present: City AdmiDistrator Childs, City Attorney Shields, City Recorder Tennant Press: Patrick Johnson, Woodburn IDdcpcDdent; Meghan Stone, Northland Cable TV (1) The first portion of the cxecu1ive session was called UDder the authority of ORS 192.66O(1)(e) to conduct deliberations with persons desigJ"'ted by the governing body to negotiate real property transactions. (2) The second portion of the cxecutivc session was held UDder the authority of ORS 192:66O(I)(h) to consult with counscl conccm.iDg the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. AIUOURNMENT. The executive session adjourned at 9: 15 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, September 9, 1996 '11 38 COUNCIL WORKSHOP MEETING MINUI'ES September 10, 1996 TAPE JffiADING mm. DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MAIUON, STATE OF OREGON, SEPl'EMBER 10, 1996. mw. CONVENED. The Council met in a workshop session at 7:20 p.m. regarding Street Mainteuancellmprovement and Pavement Protection. ROLL C.i\ T .T '. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present P1aent Present P1aent Present Present (7:28 pm) Absent Staff Present: City Administrator Childs, Public Works Director Tiwari, Stteet Superintendent Van VaIkenbeIg, CE Tech. m Scott, City Recorder Tennant 002Q Director Tiwari provided the Council with an overview of the City's general mJlintfma~ and capital improvemeut program which includes bikeways, street lighting, right-of-way tree trulinfP.na~. and drainage. 0258 The Pavement Protection Managemeut program involves both in-house work and work performed by-- outside contractors. Allowing a stI=t to deteriorate ultimately results in higher costs for repairs and/or reconstruction. The City performs a lot of in-house work (which includes drainage repairs) in order to extend the life of the pavement. Most n:ceot1y, the City has used a drag box to put a dUn layer of asphalt over the pavement (seal coat) to protect the life of the pavement for several more years. The drag box system is DOt as attractive or as smooth like a total resurfacing project but it serves a purpose similar to that of a surface patch repair. It was noted tbat large projects involving pavement protection are conttacted out to private firms. In the agenda packet, Director Tiwari provided a list of resurfacing projects completed from 1977 forward. He reviewed the overall street improvement needs which involve a combination of City and State projects at an esrimllted cost of $50 million. A majority of those costs are related to the City rather than the State projects. He briefly reviewed the policies being followed by staff as it relates to resurfacing projects, unpaved or roadway reconstIUCtion projects, alley improvements, development related improvements, and State projects. 0867 He also reviewed a graph which displayed the amount of resources needed to resurface streets. The estimated cost to resurface city streets that are 20 years or older is $6.5 Page 1 - Council Workshop Meeting Minutes, September 10, 1996 lr 38 COUNCIL WORKSHOP MEETING MINUTES September 10, 1996 TAPE READING million. It is estimated that another $3.2 million is needed to pave the gravel streets within the City. It was DOted that the costs involved in doing in-house repairs are not included in the overalll";fdimJltes since the repairs will not last 20 years Iikc a major resurfacing project. He also provides statistical information on repair costs that are done in-house versus contracted out to private finns. 1226 Director Tiwari stated that policy decisions he makes are based on the umbrella policy decision which has already been adopted by the Council. A change in the umbrella policy decision needs to be well thought out before it is implemented since it effects policy decisions that are made on a daily basis. He reviewed general policy issues that need to be addressed before action is taken to change an existing policy. Barbara Lucas stated that, over the last few years, the City bas used State Gas tax funds to pay for costs associated with Tccbnical & Enviromnental Services, street lighting, planning, etc. Additiooally, the Council bas only imposed Traffic Impact Fees at 2S % of the allowable level Cbetefore reducing the amount of fimds collected by the City from new developments. She suggested that the Council consider a change in the budgeting practice in order to divert more money to street improvement/capital projects. Discussion was held reganIing what type of policy practice should be llti1i7.ed in determining if audlor wilen a street is to be resurfaced. One method is to resurface on an age basis, therefore, resurfacing the oldest streets first. Anotbcr method is to resurface based on technnJ uecd in that poorly CODSt1'UCted streets of lesser age be resurfaced to protect the stIeet from. further deterioration and potcDtial reconstruction. It was also noted that drainage improvemeDts is an essential compooent of the total _ program since water seeping into and under the pavement will deteriorate pavement at a much faster rate. Discussion was also held on the creation of Local Improvement Districts in order to get property OWDeI' participation in paving gravel streets or in major reconstruction projects. Currently, City standard is for a street to be 34 feet wide and it was suggested that the City look into allowing a lesser street width, such as 29 feet, in those areas that are not highly used by motorists. Lengthy discussion was also held on the current budgetary practice of how State Gas Tax funds are used. Several Councilors requested that the Street Fund budget be carefully reviewed to evaluate the effects of shifting funds from the Street Fund to other budgetary funds. For example, it was suggested that street lighting costs be paid by the General Fund rather than the Street Fund. Tape 2 The Councilors also discussed potential implementation of an additional $.02Igallon gas tax to further our efforts in completing necessary street resurfacing and reconstnlction Page 2 - Council Workshop Meeting Minutes, September 10, 1996 l 38 COUNCIL WORKSHOP MEETING MINUrES September 10, 1996 TAPE READING projects. It was the consensus of the Council that a plan should be developed as soon as possible aDd that implementation of an increase would take place after the November eJ.ccUon but before the Oregon legislature meets in January. Brief discussion was beld regarding thc sale of reveuue boods in order to secure a large amount of funding to do several projects in a year aDd to use revenue from the city gas tax to payoff those bonds. 0692 ADJOIJRNMRNT. The work session concluded at approximately 9:30 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR A'ITEST Mary Tennant. Recorder City of Woodburn, Oregon Page 3 - Council Workshop Meeting Minutes, September 10, 1996 11 40 CITY OF WOODBURN 270 Montgomery Street . 'M>odbum, Oregon 97071 · (503) 982-5222 TOO (503)982-7433 · FAX(503)982-5244 PROCLAMATION CRIME PREVENTION MONTH OCTOBER 1996 Whereas, the vitality of our nation depends on how safe we keep our homes, neighborhoods, and communities, because crime and fear of crime diminish the quality of life for all; Whereas, people of all ages must be made aware of what they can do to prevent themselves, their families, neighborhoods, and workplaces from being harmed by violence, drugs, gangs and other crimes; Whereas, the personal injury, financial loss, and community deterioration resulting from crime are intolerable and need to be addressed by the whole community; Whereas, effective crime prevention programs excel because of partnerships among law enforcement, other government agencies, civic groups, schools, and individuals as they help to rebuild a sense of community responsibility and shared pride; Whereas, crime prevention initiatives are more than self-protection and security, but most promote positive alternatives to delinquency and drugs among young people and emphasize the power of youth to better communities. Therefore, I, Nancy Kirksey, Mayor of the City of Woodburn, do hereby proclaim October 1996 as Crime Prevention Month in the City of Woodburn and I urge all citizens, government agencies, public and private institutions, and businesses to increase their participation in our community's prevention efforts and thereby promote good citizenship. Nancy Kirksey, Mayor City of Woodburn Date 11 lOA COUNCil Bill NO. 1749 ORDINANCE NO. AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN .56 ACRES OF PROPERTY LOCATED ADJACENT TO AND WEST OF BOONES FERRY ROAD; AMENDING THE CITY OF WOODBURN ZONING MAP FROM MARION COUNTY .URBAN TRANSmON FARM. (UTF) TO CITY OF WOODBURN '"SINGLE FAMILY RESIDENTIAL. (RS) AND DECLARING AN EMERGENCY. WHEREAS, the City Comprehensive Plan and Zoning Map have established certain land uses within the City of Woodburn's Urban Growth Boundary, and WHEREAS, the Woodburn City council has reviewed the record in Annexation Case No. 96-03 and Zone Map Amendment Case No. 96-03 and considered all public testimony presented; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by Woodburn Art Center and is legally described in Exhibit '"A., which is attached hereto and by this reference incorporated herein. Section 2. That based upon the findings and conclusions contained in Exhibit .B", the subject property is hereby annexed to the City of Woodburn. Section 3. That the Woodburn Zoning Map is hereby amended as to the property described in Exhibit '"A'" of this ordinance from Marion County '"Urban Transition Farm'" (UTF) to City of Woodburn .Single Family Residential'" (RS) based upon findings and conclusions contained in Exhibit .B.. Section 4. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form~~ q -I i - 16 City Attorney Date Page 1 - COUNCil BilL NO. ORDINANCE NO. 'Ii APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. ORDINANCE NO. Nancy A. Kirksey, Mayor 'If lOA EXHIBIT A PARCELl Beginning on the Westerly line of Market Road No. 69, at a point which North 160 09' East 159.98 feet and North 730 51' West 30.00 feet from the intersection of said Market Road No. 69 with County Road No. 513, said point of beginning being the Northeast corner of a tract of land conveyed to Thomas Gorman by deed recorded in Volume 498, Page 211, Deed Records for Marion County, Oregon; thence along the arc of a 1939.86 foot radius curve to the right (the chord of which bears North 170 19' 18- East 79.64 feet) a distance of 79.65 feet to the true point of beginning. Thence North 760 58' West 127.71 feet; thence South 1300' 30- West 97.21 feet to a point on the North line of said Gorman Tract; thence North 850 17' West 68.17 feet to the Northwest corner of said Gorman Tract; thence North 090 42' East 125 feet to a point; thence South 850 17 ' East to a point on the West line of Market Road No. 69; thence Southwesterly along said West line 45 feet, more or less, to the true point of beginning. Parcell! Beginning on the Westerly line of Market Road No. 69, at a point which is North 160 09' East 159.98 feet and North 730 51' West 30.00 feet from the intersection of said Market Road No. 69 with County Road No. 513, said point of beginning being the Northeast corner of a tract of land conveyed to Thomas Gorman by deed recorded in Volume 498, Page 211, Deed Records for Marion County, Oregon; thence along the arc of a 1939.86 foot radius curve to the right (the chord of which bears North 170 19' 18- East 79.64 feet) a distance of 79.65 feet; thence North 760 58' West 127.71 feet; thence South 130 01' 30- West 97.21 feet to a point on the North line of said tract of land; thence South 850 17' East 123.04 feet to the place of beginning. '11 10A EXHIBIT B A. Woodburn Comprehensive Plan Annexation Policies Annexation policies are extremely important for the City. While it is important that enough land is available for the necessary development anticipated in the City of Woodburn, it is also essential to prevent too much land being included in the city limits as this leads to inefficient, sprawling development. Because of the need to plan for public improvements, the City should insure that there is a five year supply of vacant land within the City. Services should be provided to that land during that five year period. STAFF FINDING: The Urban Growth Boundary was adopted in 1980. This boundary designates areas outside Woodburn's City Limits that could be annexed to accommodate growth to the year 2000. While the city does not actively annex property there is a poliCY of not-leap frogging-. The subject property is contiguous to the current city limit line. The annexation request is to receive city services. There is no development proposed with this request. B. Woodburn Zoning Ordinance Chapter 15 Zone Change Procedures STAFF FINDING: "The zone change is necessary in order to reclassify the property from the current zoning, which is Marion County Urban Transition Farm (UTF), to a city designation. The applicant is requesting that the property be rezoned to Single Family Residential (RS), which conforms to the Woodburn Comprehensive Plan. Chapter 22 Single Family Residential District Section 22.010. Use. Within the RS Single Family Residential District no building, structure, or premises shall be used, arranged or designed to be used except for the one or more of the following uses: STAFF FINDING: The existing structure is utilized as an art gallery. There are various classes conducted at the gallery along 'II 10A with activities of the art club. The gallery is also used to sell the art work of the club members. Since there is currently retail activity on site the use would be considered as a commercial type use. The use would be considered a pre-existing non-conforming use. This means the use can continue to go on. It is staffs belief the use is very low impact and is compatible with the zone in which it is located. There is no further development proposed at this time. CONCLUSION: The applicant is petitioning the City of Woodburn for annexation of approximately .56 acres of property described in this report. The annexation is being requested in order for the applicant to receive city services. The applicant is requesting a Zone Change from Marion County Urban Transition Farm (UTF) to City Single Family Residential (RS). TI 108 COUNCIL BILL NO. 1950 ORDINANCE NO. AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN .33 ACRES OF PROPERTY LOCATED ADJACENT TO AND EAST OF BOONES FERRY ROAD; AMENDING THE CITY OF WOODBURN ZONING MAP FROM MARION COUNTY wURBAN TRANSmON FARMw (UTF) TO CITY OF WOODBURN wSINGLE FAMILY RESIDENTIAL W (RS); AND DECLARING AN EMERGENCY. WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have established certain land uses within the City of Woodburn's Urban Growth Boundary, and WHEREAS, the Woodburn City Council has reviewed the record in Annexation Case No. 96-02 and Zone Map Amendment Case No. 96-01 and considered all public testimony presented; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by Steve and Colleen Resch and is legally described in exhibit · A., which is attached hereto and by this reference incorporated herein. Section 2. That based upon the findings and conclusions contained in Exhibit wB- the subject property is hereby annexed to the City of Woodburn. Section 3. That the Woodburn Zoning Map Is hereby amended as to the property described in Exhibit -A W from Marion County .Urban Transition Farmw (UTF) to City of Woodburn .Single Family Residential- (RS) based upon findings and conclusions contained in Exhibit .B- . Section 4. This ordinance being necessary for the Immediate preservation of the public peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. rv1~;I- A-(1- CJ(P Approved 8S to form: I t ~ ~ --1 City Attorney Date Page 1 - COUNCIL BILL NO. ORDINANCE NO. 11 lOB EXHIBIT "A" Beginning at the Northwest corner of that certain property conveyed to Russell and Janice Baglien by deed recorded in Volume 514, Page 421, Deed Records for Marion County, Oregon; w~ich point is North 890 38' West 2561.46 feet and South 210 14' 53- West 646.74 feet from the Northeast corner of Section 7, Township 5 South, . Range 1 West of the WilIamette Meridian, Marion County, Oregon, said point also being in the center of Boones Ferry Rd.; thence South 660 33' 58- East along the North line of said deed, 139.34 feet to a 5/8- iron rod; thence North 300 20' 28- East 98.38 feet to a 5/8- iron rod; thence North 670 28' 33- West 154.82 feet to the center of Boones Ferry Rd.; thence South 210 14' 53- West along the center of said road, 95.28 feet to the place of beginning. ".. 108 EXHIBIT B A. Woodburn Comprehensive Plan Annexation Policies Annexation policies are extremely important for the City. While it is important that enough land is available for the necessary development anticipated in the City of Woodburn, it is also essential to prevent too much land being included in the city limits as this leads to inefficient, sprawling development. Because of the need to plan for public improvements, the City should insure that there is a five year supply of vacant land within the City. Services should be provided to that land during that five year period. STAFF FINDING: The Urban Growth Boundary was adopted in 1980. This boundary designates areas outside Woodburn's City Limits that could be annexed to accommodate growth to the year 2000. While the city does not actively annex property there is a policy of not-leap frogging-. The subject property is contiguous to the current city limit line. The annexation request is to receive city services. There is no development proposed with this request. B. Woodburn Zoning Ordinance Chapter 15 Zone Change Procedures STAFF FINDING: The zone change is necessary in order to reclassify the property from the current zoning, which is Marion County Urban Transition Farm (UTF), to a city designation. The applicant is requesting that the property be rezoned to Single Family Residential (RS), which conforms to the Woodburn Comprehensive Plan. Chapter 22 Single Family Residential District Section 22.010. Use. Within the RS Single Family Residential District no building, structure, or premises shall be used, arranged or designed to be used except for the one or more of the following uses: . STAFF FINDING: The existing single family residence is an allowed use. There is not development proposed at this time belie 10B CONCLUSION: The applicant is petitioning the City of Woodburn for annexation of approximately 1/3 acre of property described in this report. The annexation Is being requested In order for the applicant to receive city services. The applicant is requesting a Zone Change from Marion County Urban Transition Farm (UTF) to City Single Family Residential (RS). 'I" 10C City of Woodburn Police Department MEMORANDUM Woodbum, Oregon 97071 (S03) 982-2345 En. 351 270 Montgomery Street ~n Eubank, Lieutenant Vcriminal Operations Date: September 17, 1996 To: Mayor & Council . s Childs, City Administrator right, Chief of Police RE: Ordinance No. 1638 - Control of Animals, Specifically Dogs Running At Large. Woodburn City Ordinance No. 1638 provides for The Control of Animals and Providing for licensing of Animals. The Ordinance does not specifically have a section dedicated to DQgs on a Leash. However, the following sections deal with the use of a leash and dogs running at large. Section 1. Dermitions (3) states "Running at large". An animal is -running at large- which is not on property with the permission of the owner or controlled by the use of a leash. Section 2. Dogs Not to Run at Large. No owner, keeper or custodian of any dog sbal1 permit the dog to ron loose or be at large within the city. To have a dog under control by voice is not in compliance with this ordinance. By changing Section 1. Def"mitioDS (3) "Running At Large" to An animal is -runnine at larie when the animal is not on the animal owners P(~ or controlled by the use of a leash. would in essence establish a -LEASH LAW" for the City of Woodburn. Other sections of the city ordinance deal with animal issues quite well. They provide for the protection of all citizens including the owners of animals. We have in the past and will continue to cite owners of dogs that run at large. Past history of the animal and owner are often taken into consideration. Our ultimate goal is for voluntary compliance of all citizens. This is not always the case and that is the reason for this ordinance and others to keep the peace and provide for a safe community to live in. c: C.A. File lOC COUNCIL BILL NO. 1751 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 1638 (THE ANIMAL CONTROL ORDINANCE) TO MODIFY THE DEFlNmON OF AN ANIMAL RUNNING AT LARGE, AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 1 (3), Ordinance No. 1638 is hereby amended to read as follows: Section 1. (3) Running at Large. An animal is "running at large" when the animal is not on the owner's property or controlled by the use of a leash. The term "running at large" does not include the use of a dog under the supervision of a person to control or protect livestock or in other related agricultural activities or the use of a dog by law enforcement personnel. Section 2. This ordinance being necessary for the Immediate preservation of the publiC peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. h' Approved as to fO~ ~ 0; -(1- 1 City Attorney Date APPROVED: Nancy A. Kirksey, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 1 - Council Bill No. Ordinance No. '1" 100 MEMO SUBJECT: City Council through City Administrator Randy Rohman. Public Works Program Manager4 ~ Cooperative Agreement for 1-5 Signal TO: FROM: DATE: September 18, 1996 RECOMMENDA nON: Approve the attached resolution authorizing the mayor and city recorded to sign a cooperative improvement agreement with the State of Oregon to install a traffic signal on the northbound 1-5 ramp with highway 214. BACKGROUND: The city has considered the installation of a traffic signal at the northbound 1-5 ramp with Highway 214 to be an improvement that has been needed for several years. The Oregon Department of Transportation (OOOT) agrees that the signal is required to maintain a safe and expeditious flow of traffic. The signal meets several of the warrants required to justify installation of a signal. OOOT, however, has not had the funding to install the signal. The city, during last years budget process, budgeted funds for the construction of the signal. The cost of the signal is also part of city matching funds required for receipt of grant and loan for Waremart development. The city has been negotiating with OOOT on an agreement to allow completion of the signal installation. OOOT agreed to accomplish several tasks, including all plan reviews, signal timing review, signal testing, construction inspection and required maintenance, associated with the signal installation at their expense. These provisions have been formalized in the agreement presented with the attached resolution. Much of the work involved with plan and specification preparation has been completed. OOOT has completed their reviews and the final preparation of bid documents is now underway. Staff recommends approval of the attached resolution. ''f'' 100 COUNCIL BILL NO. 1752 RESOLUTION NO. A RESOLU110N ENTERING INTO COOPERATIVE IMPROVEMENT AGREEMENT NUMBER 14,571 WITH THE STATE OF OREGON FOR PREUMINARY ENGINEERING AND CONSTRUCTION RNANClNG FOR A INSTALlA110N OF A TRAFFIC SIGNAL AT THE NORTHBOUND RAMP OF THE STATE HIGHWAY NUMBER 1, ALSO KNOWN AS INTERSTATE 5, TO STATE HIGHWAY 140, ALSO KNOWN AS HIGHWAY 214, AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS, The State of Oregon, by authority granted in ORS 366.770 and 366.775 . may enter into cooperative agreements with cities for the performance of projects, and WHEREAS, The State of Oregon and City of Woodburn have deemed it necessary and desirable, in order to maintain a safer and more expeditious flow of traffic, to improve the intersection of State Highway No.1 (1-5) and State Highway 140 (OR 214) by installing a new traffic signal; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter in cooperative improvement agreement 14,571, which is attached as Exhibit wAw and by this reference incorporated herein, with the State of Oregon for preliminary engineering and construction financing to install a traffic signal at the northbound ramp of State Highway No.1 (1-5) to State Highway No. 140. (OR 214). Section 2. That the mayor and City Recorder are authorized to sign said agreement on behalf of the City of Woodburn. . Approved as to for~.<rvt ~ q ~ I 1- -1 " City Attorney Date APPROVED: Nancy A. Kirksey, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. EXHIBIT " A" 10D september 5, 1996 Misc. Contracts & Agreements No. 14,571 COOPERATIVE IMPROVEMENT AGREEMENT PREUMINARY ENGINEERING AND CONSTRUCTION FINANCE THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, o 8cting by and through its Department of Transportation, hereinafter referred to as -state-, and the CITY OF WOODBURN, a municipal corporation of the State of Oregon, acting by and through Its City Officials, hereinafter referred to as -city". RECITALS 1. The Pacific Highway, State Highway No.1, including Its on and off ramps, and the Hi~ro-Silverton Highway, State Highway No. 140, also known as OR 214, are part of the State Highway system under the jurisdiction and control of the Oregon Transportation . Commission. The Intersection of these two highways Is located within the city limits Qf City. 2. By the authority granted in ORS 366.770 and 366.775, State may enter Into cooperative 0 agreements with cities for the petformanee of work on certain types of improvement . projects with the aUocation of costs on tenns and conditions mutuaUy agreeable to the contracting parties. 3. ~ and City, In their judgment. have deemed it necessary and desirable, in order to maintain a safer and more expeditious flow of traffic. to improve the Intetsed:ion of the Pacific Highway northbcu1d ramp and the HIIsboro-SIIverton Highway by Installing a new traffic signal, hereinafter referred to as project. The location of the project is approximately as shown on the map attached hereto, marked Exhibit A, and by this reference made a part hereof. 4. The project will be financed with 100 percent City funds with the exception of STATE OBUGA TlONS 1 through 7, whk:h shaD be paid for by State at no cost to City. 5. By the authority granted in ORS 810.210, State Is authorized to determine.the character or type of traffic co.ltIoI devices to be used and to place or erect them upon State highways at places where State deems necessary for the safe and expecfatious control of traffic. No traffIC control devices shan be erected, maintained, or operated upon any State highways by any authority other than the State, except with its written approval. NOW THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: STATE OBUGATIONS 1. State shall, at its own expense, review and approve all roadway and traffic signal construction plans, specifications. and contrad documents prior to advertisement for construction bids for project. 2. State shall, at its own expense. review and approve signal timing prior to sign~1 tum-on. 100 Ag-eement No. 14,571 ODOTlCity of Woodburn September 5, 1996 Page 2 7. State shaD perform aD maintenance on the traffic signal and shall pay 100 percent of the costs for said maintenance. CITY OBUGA TlONS 1. City shall. at its own expense. conduct the necessary traffic Investigations; identify and obtain or issue the required pennits; arrange for relocation or adj\.l$bnent of any conflicting utility facilities; perform aD preliminary engineering and design work required to produce plans. specifications. and cost estimates for the project; advertise for bid proposais; award aD contracts; pay at contractor costs; fumish aD construction engineering. material testing, technical Inspection. and project manager services. except as noted In STATE OBUGA TlONS. for admlnisbation of the contract; and produce -As Constructed'" plans at the completion of the project for State files. 2. City shall obtain State review and approval of all roadway and traffic signal construction plans. specifications. and contract documents prior to advertisement for construction bids for project. . 3. City shaD obtain State review and approval of signal timing prior to signal tum-on. 4. City shaD relocate or reconstruct. or cause to be relocated or reconstructed. all privately or pubflCly owned utility conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature, incIucfang sign bridges, where such utilities or facilities are located within the right~-way of any presenUy existing state highway or private property, where such relocation or reconstruction is necessary in order to confonn the utilities or facirlties to the plans for the project. 5. City shall compile and maintain accurate cost accounting records for the project and furnish State with an Itemized statement of said final costs, Including preliminary engineering, construction engineering, contractor payment. and all contingency Items attributable to the project. 6. City shall pay 100 percent of the power costs for signal. 10D Agreel1'Jfint No. 14,571 OOOTICIty of Woodburn september 17, 1996 Page 3 7. City hereby grants State the right to enter onto and occupy City street right-of-way for the performance of this project. 8. City agrees that State standards will be used when designIng and constructing any portion of the project. 9. City, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act. accepts liabiftty for any aocicfents or damage occun1ng as a result of the CIty's negligent ads when Cit,y persomel are WOI1dng on State property. 10. City shalll9qufre contractor to obtain and keep in effec:t during the term of the oontract Compr8hensive or Commercial General Uability Insurance covering bodily injury and property damage. This Insurance shan Include personal Injury coverago, conttactual liablity coverage for the Indemnity provided under this agreement end products/completed operations lability. CombIned single RmIt per occurrence shan not be lesS than $1,000,000 or the equivalent Ead1 annual aggregate ImJt shaa not be less than $1.000,000, when applicable. The certificate of insUrance shan include the Stlite of Oregon, Transportation Commission and its members, Department of Transportation. officers and employees 8S additional insured. City shan provide a copy of the C8f1Iftcate to State prior to constnJction of the project. GENERAL PROVISIONS 1. City, Its subcontractors, if any. and aU employers wotkIng under this agreement are subject employers under Oregon Workers' Compensation Law and shalf comply with ORS 656.017. which requires ttHtm to provide workers' compensation coverage for aU their subject workers. .. ., 2. This agreement may be terminated by mutual consent of bOth parties, or by either party upon 30 days' notice, in writing and deUvered by cec:tifJed mail or in person: State may tennlnate this agreement effective upon delivery of written notice to City, or at sudllater date as may be established by OOOT. under any of the following oonditions. but not limited to these conditions: a. If City falls to provide seMceS called for by this agreement within the time specified herein or any extension thereof. b. If City fails to perform any of the other provisions of this agreement. or so fails to pursue the work. as to endanger performance of this agreement in accordance with Its terms, and after receipt of written notice from State fails to correct such failures within ten days 0( such 10nger period as State may authorize. 100 Aveement No. 14,571 OOOTICIty of Woodbum SetXember 5, 1996 Page 4 IN WITNESS WHEREOF. the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. On May 7. 1996. the Oregon Transportation Commission adopted Delegation Order 2. which grants authority to region managers to approve and execute agreements for work in the approved workplan budget CITY OF WOODBURN. by and through its 8ected Officials APPROVAL RECOMMENDED By, State Traffic Engineer By, Title Date By, By, District Manager Title Date By, Title STATE OF OREGON. by and through its Department of Transportation Date By . Region Manager City Contact and Address: Randy Rohman City of Woodburn 270 Montgomery Street Woodburn. Oregon 97071 Date APPROVED AS TO LEGAL SUFFICIENCY By, Assistant Attorney General Date 10D t I :C .... , I oJ I ~ I I, ~ .. I I i I I ..::;..- - I ._----~ Q ~ "'-t ~ ..... - lID. WOODBURN ~ MARION COUNTY - . ~........- - _ fEET . - _ ME1BIS I I I I ' / J l.~- - . ....,- .................... ...-----.. ~I ;);. <<EY TO Sl'fIElET PREflJC ']' 10E City of Woodburn Police Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345 Ken Wright Chief of Police Date: September 10, 1996 To: Mayor and Council Subject: Sound Amplification Permit Applicant: Pineros y Compesinos Unidos de Noreste (pCUN) The police department has received a request from PCUN for the authorization to use a public address system at their offices, 300 Young St. The reason is the First Annual Cipriano Ferrel Day Celebration, Sunday, October 6, 1996, from 2:30 PM to 6:30 PM. Cipriano Ferrel, a founder of PCUN, died suddenly of a heart attack at his home in September 1995. Cipriano was a well respected member of the Woodburn community who represented the field workers, their thoughts, beliefs and ideals. He lived to educate both hispanics and anglos to live and work together. Recommendation: Per City Ordinance 1900 only the city council may authorize the use of sound amplification equipment. Authorized PCUN to utilize sound amplification equipment Sunday, October 6, 1996 from 2:30 PM - 6:30 PM. cc applicant B:\c:auDciI\pculu '1" 10E Pineros y Campesinos Unidos del Noroeste Northwest Treeplanters and Farmworkers United 300 Young St. / Woodburn, Oregon 97071/ (503) 982-0243 / (S03) 982-1031 (FAX) September 9,1996 Mr. Ken Wright Chief Woodburn Police Department Qty Hall Woodburn, Oregon Hand Delivered ~ Dear Ken, Please consider this letter as our request for authorization to use a public address system out of doors at our headquarters. The occasion for which we request this permission is our First Annual Cipriano Ferrel Day Celebration scheduled for Sunday, October 6th. The Celebration will run from 3:00 to 6:00 PM, and we request permission to run from 2:30 to 6:30 PM. As with previous events, we intend to place a public address speaker outside of the building in order that persons who gather outside, on the front laWn area, can listen to the program which will be staged inside our meeting hall. Please contact me if you require any further information in order to prepare a recommendation to the City Council. As always, I appreciate your efforts in this matter. ..... e.~15-C -.. 10F MEMO TO: City Administration for Council Action ( Randy Scott, C.B. Tech llI, through Public Works DirectO~~l. FROM: SUBJECT: Acceptance of Public Utility Easement adjacent to Parr Road DATE: September 19, 1996 RECOMMENDATION: It is being recommended the City Council accept the attached public utility easement as described on Attachment "A". BACKGROUND: The public utility easement to be conveyed is adjacent to Parr Road and will allow for the installation of the 12" diameter water main in conjunction with the Woodburn MiddlelElementary School project. It will also provide for the future extension of the water line to Centennial Park. The easement is described on Attacbment "A". The site map is provided as Attachment "B". unUTY EASEMENT ATTACHMENT .. A" ....10F KNOW ALl MEN BY THESE PRESENTS, that 1{.67FI M. SMITH. TRUSTEE OF THE H47FI M. SMITH REVOCABLE LMNG TRUST. for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt v.f1ereof hereby Is acknowledged, hereby do forever grant lOo the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein 118 the CITY, a permanent right-of-way and easement aver and along the full widIh and length of the premises described as follows, to wit A 1o-wideutility eaeementc:ontigllousto and lying north of the south line of Tax Lot No. 44126-000, P8rceI t1 of Land Partition Plat Number 94-110, as recorded in the Marion COlI1ty Plat Records, In Section 13, Township 5 South; Range 2 West of the Willamette Merid'I8f1, Marion Coooty, Oregon, the said easement is more partic:uIarIy clesaibed 88 follows: Beginning at the souttH88t c:omer of said lot, said c:omer is on the north right-of-way line of COU'lty load 517, (Pm' Rd.) thence north (1' 37' <45"east, 10.00 feet; thence north ago 22 15"w18t, 1,195.00 feet. to . point th8t would be at the _.ection of the westerly property line exlen8ion of Tax Lot # 44120-000 88 de8c:ribed In Vok.me 400 Page 228; thence south (1' 37'45"west, 10.00 feet, to said north ~-way; thence IOUIh ago 22 15" east. 1,~~!-QO.fpet more or IeIa to the point of begimIng. Wdh the ~ privilege and auIhority, to said City, to oonstruct, maintain, replace, rec:onsCruc:t, remove, and add to, a UTILITY pipeline or pipelines, with all appurtenanc:e8 Incident thereto or rMKBI'arytherewilh, in. U'1der and aaon the said pnMnisea, and to cut and remove from I8icI right- of-way any trees and other obatn.tc:tion8 which may endanger the safety or interfere with the use of 8IIid pipelines, ex app.rtsnances attadled ex CDl i18Ct8d thenwtih; and the right of ingress and egress to and over said above desaibed premises at any and an times for the purpose of doing anything necIIlery or useful or c:onvenient for the 8f1oyment of the ~ heretw granted. . VJ GJE'tJ THE CfTY SHAll. upon each.and every occasion that UTIUTY facility is construc:ted, mei lIl8i.ed, replaced.. rec:onstruc:ted or removed. or added to, reatcn the premises of the Grw1tors, 8nd any IqIrovernents disturbed by the City, to as good condition as they were in prior to any auc:h irwtaIlation or work, but if not prac:tic:8bIe, then pay to Grantors reasonable c:ompensation. THE GRANTORS, heirs end assigns, reserve the right to use the premises for walkways, driveways, planting. and related purpoeea, and aU lrnUTY facilities ahaII be at a depth consistent v.th.... JUPOI88. EXCEPTION: No stn..Ic:U'e shall be placed within the easement. or within 4SO projection upward the bottom of the pipe. AccepIIId by the Woodburn CIty COlI'IdI on . .1_ u.y T..... CIly RecoRIer CIly ofWoocllxn, 0Ng0n STATE OF OREGON ) )SS COUNTY OF MARION ) On" lie -lL-~ of L nJ...I!ML~ ,1888. Wont me a Notary PublIc In and for the Countr .... StIIIII pIfIOnIIIy IpptII'td. . . 1-/ ~ ZE I... #1. .s"1 c rt-l knawn tit me tit be ... __ pereon(a) whose ...",.. aN aubIcIbd tit ... wIIhIn inItrurMnt and acknowIIcIatd thltthey 'iOIuIarIy aecMId... __ for... ~ theNIn conl:IiIed. .wrneBWKEJ<BJl""__"'''''---:;:::"/... ~ KA~MAL NOTARY~ . NOTARY PUIUC-oRmON ~~f COMMIsi:M=:R:a"luell2f1L7 My CommiIIIon !)cpIrM: f - 6 -4 k Relum To: CIly of Woodburn 270 Montgomery St. Woodburn, Oregon 87071 SHITH. UTL 'I" ;6 i- 603.9 t<<:D ~o ,tIo. ....0 " (:) .. ft 5: g 0 -$-: " " m .... 0 c: G :t r- = '" ~ c:::> 2 ~ i! C-N i: J m () ... s:: ~ :z: c:::> ~ m I z I: c:::> -f i 18 a III I m z c:::> m ... 8 8 - C-N Ii z ~ - - c:::> 0 tOt (/) Z ... ~o c:::> 10 ......- CJ.J (J) 840.00 \-- . 0 ~ I :x: .... c:::> 8 .... . ~ r- " ) , CJ.J . C/J ) , ~ " :1 c:::> CJ.J " " '''- .... ~ c::> .. . . lOG MEMO TO: City Administrator for Council Action 5 Randy Scott, C.E. Tech ill, through Public Works DirectO{( · FROM: SUBJECT: Acceptance of Public Right-of-Way on Parr Road DATE: September 19, 1996 RECOMMENDATION: It is being recommended that City Council accept the attached public right-of-way as described on Attachment "A". BACKGROUND: The public right-of-way to be conveyed is an additional 1 0 foot strip of property adjacent to Parr Acres Mobile Home Park. This is being conveyed in conjunction with the property development as a condition of approval. The right-of-way is described in Attachment cCN'. Site map is provided as Attachment c'B". 'I" FORM-W8rl'afttyDeed(lnclIvldUlllorcorporate) ATTACHMENT II An WARRANTY DEED KNOW ALL MEN Br THESE PR.ESENTS. fIurt DeTom GeMrat P......hIp. ~rc4IW the grtllllor,P' the 1 OG _1tkratkM Itne~rllli*J. 10 grtIIIItIr ptJJId by CITY OF WOODBURN, A MUMClPAL CORPORATION, Iwrebtajlertxllkd the grantu, dou Itneby JnIftI, bargain. .0 _ ClllIIW)/IIIIIo the ItlItl grant<< IIItd gnJIII<<'..'n, ~ IIItd _/p, that ce/1Qbl rr:aI propet1y, wUh the ~, Itnedlt.lmg t1tUI tlpptU1ie1ftlllCU therr:1IIIIo MlorIglIIg or tlppe/1Qbllng. .1",aId I" the Coamty o/Marlon and SkM ofOrr:gon. ducriMd tU folJotn. Io-wlt: A Public Right-of-Way dedlcatlon. 10-t00t wide north and contiguous to the south property lines of Parcels tI2 and #3 d Land Partition Plat Nl.mber 94-110, as NCOIded In the M8rton County Plat Records. This 10-f00t PubIlc RIght-of-Way dec:Iication is more partlcularty desaibed as follows: 1. BegiIri1g at the ~ comer d ~ a of Land Partition Plat 94-110, also being a point on the north rtght-of- WIll line of parr Road, (CR 517), thencI north 1e-05'3O'' east, 10.54 feet; thence north W 22' 15" west, 257.00 feet; thence south fI' 31'45"w8st, 10.00 feet; thence IOUtI W 2Z 15".... 253.88 feet more or less, to the point of beginning. 2. Also, begiMlng at the southeast comer of Pan:elG of l.and Partition Plat 94-110, also being . point on the north rtght-of-'MIY 1M of PaIr RoIId, (CR 517), thencI nor1h fI' 31'45" east, 10.00 feet; thence north W 22' is- west, &48.00 feet; thence south fI' 3T~ 10.00; thence &46.00 feet more or less, to the point of beginning. (fF SPACE 1N8UFFlClENT, CONT1HUE DE8CRlPTlON ON REVERSE 8IDE) To Haw _d 10 HoItJ tit. ._e 11,,10 tit. ..d 8,.."ue ""d rvmue', ".'n, .lIcu.,on ""d tU"gn. forewr. A"d ..,d IN"lor ".,.",. COW,,"",. 10 ""d w/tlt .cltl8""'". ""d rvmu.'. h.'n, .lIcuuon ."d au/~, Ihat 8""'tor I. -frilly .e/~ed '" fee "fffple o/tlte <<bow 8""'led pn",/,." frr:e fro", .1I."CIt",,,,..,,", ad tltat 8"""/or.1ll .a,.,.""t _d/orewr th/e"tI tlte .ald pnfff/.e, ."d.wry ptul_d JHl1'"1 thenof tlgtll"., the _/Ill cltllm, _d th",,,,,th of tall pen_ .ho"mHwr, .-pl tltH. ellll"""8"Mer lIte.bow de.crllHd e"cllfff",.."ce,. TII. lrIIe _d IlCtlltal COII.,th,.",I"" ptlld for tit,. trTIIU/.r, .t.ud l1f u"". 0/ dollan, ,. SO 00 . I H owwr, tltll tlCllftll collllde,."tI"" COlI."" 0/ or "'elllth. otlter property or willie glwll or prDfff "ed wlllch ,. tire ""oWptlrt o/tlte COII.ld.NtiO" (I"dktJl. ""1cIr),' (T". 'e"te"" MIlIH." tit. 'Y"'boh ! I/"ot tlppllcable, ,hollld be deleud. See ORS9J.OJO.) /" _Inll1f8 ,"'' th.d ""d"".n tlte _'"' .0 "flllru, tlte .'"pl.r I"clllde. III. ,blNI""d a1l8rtlfffffftltictll chtlllge. ,htlll H lfffplHdlo "'''" tltll prom/olll M,"/ tlpply IIfll<<lly 10 COrpoNtiO". ad 10 I"dlvldtulh. City Record.r /" WI",... WIle,"/. tlte IN"tor Iuu IlUCII"d tit,. "',,",,,,e,,' thll _ tltry 0/ ' /996; 1/. COrpoN" IN"lor, II ".. <<IlIud I,. ,,_. ItI H ./ped ad I,. .eal.J/lud "y _ oJJi"r or otller peno" dilly Qlltltorlzed 10 do .0 i1yordero/I" homo/dlnelon. ~ THIIINSTRUMEHTWlLL NOT ALLOW USE Of THE PROPERTY DE- /'~ SCRIBED IN THtSINITRUMENT IN VIOlATION OF AflPUCAlLE LANG , ~i~~~~=o==~~=~~~G . ~~~ PROPERTY 8HOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO \/ERIFY APPROVED USES. STA TE OF OREGON, County of M u ,- " ,.. J' )88. Thl. /natrument MI, acknowledged before lINt on .S ~ r,'t. I s~ . 1H6, .bl; "';t'J.,j~J n,. C~l'Iyt'7/>'!... . . Thlalnatntment MIa acknowledgN before lINt on bY. .. of ;1_' !Hi:;m.~ :-id ~ NOTAA\' PUIItJC.GRESON ~ COMMISSION NO. 02S262 ' ') MY MMISSlON EXPIRES JtJME 13. 1997~~ . . '~~"'~--~~~.~.4.f .b4.t.7.'~''''- .1eM, Accepted by the Woodburn CIty CouncU on .18M ~~ '/--- Nota~P~bk 'zoreaJ: ,-,.-' -' J -l_ My comminion explr.. /,A -.. '1 - q 7 flll'U'\nl-=-.~"""~ IPACE IlEIERv&D FOIl IlECORIlER'I use STATEOFOREGON, COli"'" o/M.rion / cerilfy tlrtlt tire wlthl" 1",Inl- ",mt... re<<lwd for record 0" Ih. _day 01. .19__ tit 0 'clock M.. and record.d '" boolr/reel/volll;; No. ,on ptlge or.. /ee/ftI.lln,lrII- fffmtlmlcrofllfff/receptlon No_, Rec,ord 0/ Deeth 0/ ,aid COil""'. Wltne,. fffY hand and 'lIal 0/ COllnty affixed. } _DeT___ _w_w.r. ___ 0II17l111 "",,,"Ivn..~~~ _O/IIJfIl- .PO.........., .. ____OIIfl1ll"1 --..-- _Qtel_ .PO""""'" .. ___ 0II17l111 ~....................__ ":".e~.::...-..: -- ~~~.~It" - TItItI Br. DopllIy 'I' ;;;0. i- 603.9 t~ Jlo. t:o i " (:) CIa 5: 8 0 -$-: .... .... m ... 0 ~ !t "'- !I t~ c:::> ~ 10 ;! (J.J ;;: 1 n ... ~ :c c:::> ~ e . c:::> i .~g .... m I 10 .... z c:::> == 5.... ... S " - (J.J - .... at - ....' JJ - c:::> .( C5 .... 1 0 z 0 ~~ 'TI ~ ..... I c:> 10 ~ ~ c..N CJ> 140.00 () :I: c:> 8 - r- ) \ c..N CJ> >> , ~ c:> c..N c:> .- . ; " ) '1' To: From: Subject: 10H Memorandum City Council Assistant City Engineer ~ Proposed Electrical System Installation at Woodburn Wastewater Plant. Recommendation: Award Electrical Modification contract to Linnco Electric bid in the amount of $11,285.00 Current Status: The proposed project was properly advertized and bids were opened on September 17th. There was one bidder, Linnco Electric of Albany Oregon. Pw:poses: Backaround: ~ Pro.posal: The amount of the bid was $11.28500; the E.eer's estimate was $12.500. There are two: 1. Install an electrical panel and associated electrical components in the existing pole building. 2. Install three electrical panels and associated electrical components needed for three pump installations. These would utilize the pole building proposed electrical installation as their power source. Several years ago a pole building was installed at Woodburn Wastewater Treatment Plant. It has no electrical service to it therefore DO lights or electrical outlets. The building serves to garage the hazardous materials van, a grader, and impounded vehicles. It has a concrete slab and does meet the aiteria set by ADA ( Americans with Disabilities Act). Electricity to the building would fulfill three needs: 1. Power for lights to be installed eventually in the the building and, also, electrical outlets. 2. Power for future welding activities. 3. Central power source for three satellite fractional horsepower pump sites. These would be used for research purposes. 1. Install an electrical panel with associated electrical components in the existing pole building, with capacity to provide power for future lights, future electrical power outlets, future welding activities, and to serve as central power source for a more remote comer of the treatment plant area. 2. Install three electrical panels with associated electrical components to serve three satellite pump site installations as a central power source. These would be fractional horsepower motors. ". 15A MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator tu,l/ SUBJ.: City Financi~' Support of Woodbum Area Chamber of Commerce DATE: September 12, 1996 Recently, the Woodburn Area Chamber of Commerce requested that the Council consider an increase in the amount of funding provided by the City to support Chamber activities. The Chamber suggested that additional Transient Occupancy (Hotel/Motel) Tax revenues, the current source of City dollars budgeted for the Chamber, ought to be paid to the Chamber to support its activities. Any increase in the amount of funding now going to the Chamber would require amendment of City ordinance. In response, Councilors seemed clear in their individual convictions that any increased City funding for the Chamber must be clearly justified and documented as to how it would be used. General consensus was to schedule a future workshop with Chamber representatives, or by some other means determine the appropriateness of any increase in funding, Prior to moving forward with a workshop or any other discussions regarding City financial support of the Chamber, I would ask that the Council give some consideration to a funding concept/arrangement that I have contemplated for several years. This would involve shifting the Drimarv funding mechanism for Chamber SUDDOn from the hotel/motel tax to business registration fees. Presently, the Hotel/Motel Tax ordinance (Ord. #2057) provides for 10% of revenues collected be paid to the Chamber, with the maximum amount of such payments not to exceed $4,000 per year. The Chamber asks that the percentage be increased (to 20%) and the annual maximum be eliminated, arguing that more hotel/motel tax proceeds should be used for business recruitment. The fundamental purpose of the hotel/motel tax is to provide for basic city services necessitated by the existence of transient lodging establishments. The first two "Whereas. clauses in Ordinance 2057 clearly state this in the following manner: "WHEREAS, transient accomodations provide for an influx of population which may have varied and extra needs for municiDal services. and WHEREAS, a tax upon those '1" 15A Page 2 - Chamber financial Support (9/12/96) who oenerate the demand for extra services is a common principle ..." [emphasis added] , This extra demand is .manifested through assorted societal and "capacity" problems that accompany a growing number of individuals "just passing through" or "just visiting" the Woodburn community, with a resultant impact on a broad spectrum of city services including public safety, parks and even public works concerns (traffic, water/wastewater, etc.). I propose the dedication of a portion of the revenues generated by the City's business registration fee be used to fund Chamber activities. In turn, the use of hotel/motel tax revenues as a source of funds for the Chamber would be eliminated altogether. This would be based on a .percentage of revenues generated" concept similar to what is now in place. In view of the Chamber's recent plea for additional funding, the Council could also consider an Increased "cap., which may generate increased support for such a concept from the Chamber itself. The business registration fee was implemented in 1991 through Ordinance 2055. A principal purpose of the ordinance was to provide data and information necessary for public safety purposes in a standardized registration format. The ordinance was initially opposed, apparently very adamantly, by the business community generally and the Chamber in particular. Ironically, about three years ago, the Chamber discovered that this ordinance was advantageous for its own recruiting purposes; in that obtaining a listing of registrants from the City provided a virtually all- inclusive list of businesses who were not yet Chamber members, but who represented a pool of potential members. In addition to the advantages to the Chamber in using the business registration list as a 8 recruitment .tool" , there would be an obvious advantage to the organization if it also benefitted monetarily. The Chamber could, to some degree, "control Its own destiny" by advocating to the business community the value and importance of proper registration, thereby gradually increase the amount of funds derived from this source. Similarly, the Chamber, with its widespread influence in the local business community, would be ideally suited to monitor compliance with the ordinance by those businesses. Presently, business registration fee proceeds which exceed the costs of administering the program are dedicated to "support the activities of Code Enforcement". This dedication would be removed under this proposal. With voter passage of an updated tax base in 1994, it is now the case, and realistic to expect in the future, that an appropriate level of code enforcement will be continued, based on need, effectiveness and available resources, without the necessity of dedicating 15A Page 3 - Chamber Financial Support (9/12/96) funds from a specific revenue source. This holds true for all of the City's General Fund programs and activities. For the Council's information, business registration fee revenues for the past four full fiscal years have averaged just over $21,000. Direct administrative costs during the same period averaged approximately $800 per year, resulting in an average net available funds of about $20,200 annually. If, for example, even 30% of net business registration proceeds were turned over to the Chamber, this would represent over $6,000 to that organization; an increase of some 50% over the current level of support from the City. Feedback from the Council concerning this concept, after you have had time to consider the various elements of the issue, would be helpful. If the Council wishes to move forward in this manner, appropriate changes would need to be made to bo.tb Ordinance 2055 and Ordinance 2057. Budgetary appropriations corresponding to any changes made would be included in the proposed budget for Fiscal Year 1997-98. 158 MEMO TO: Mayor and City Council FROM: Chris Childs. City Administrator ~ SUBJ.: . DATE: September 16. 1996 In your September 9, 1996 council meeting agenda packet, I included a staff report in which I attempted to gauge the local Impact of Measures 46 and 47 on the upcoming November 5, 1996 General Election ballot. In addition to my own estimates, and those previously provided by the county administrator, we have since received estimates on the impact of Measure 47 from the Marion County Assessor as well as the state Legislative Revenue Office. This is the estimated amount of current property tax dollars that would be lost by the city. The different estimates are as follows: County Administrator - City Staff Esdmate - Legislative Revenue Office - Marion County Assessor - $413,351 $586.089 $691,577 $699,420 This data underscores the fact that the proposed ballot measure is extremely complicated and its exact impact difficult to determine. However, it is noteworthy that the two newest estimates are extremely similar in amount, both come from reliable sources and both suggest a considerably greater impact to Woodburn than our earlier initial projections. 15C MEMO TO: Mayor and City Council FROM: Chris Childs. City Administrator Uf" SUBJ.: Measure 4:.3 - CoUective Bargaining/eubJic Sa1mx DATE: September 17. 1996 I have recently provided the Council with background information concerning bonding and property tax Issues that will be on the November 5, 1996 General Election ballot (Measures 46 and 47). Similarly, I am attaching a fact sheet prepared by the local Government Personnel Institute (lGPI) concerning Measure 43. lGPlls a service of the league of Oregon Cities, providing recruitment, testing and other personnel-related services to member cities. Ballot Measure 43 would change specific collective bargaining laws related to public safety employees, rolling back many aspects of such collective bargaining to .pre-750. status. Senate Bill 750, considered by many as .landmark. legislation passed by the 1995 legislature, made many significant changes in the manner in which collective bargaining with public safety employees can be accomplished. The law was seen by many as either .Ieveling the playing field. or .shlfting the balance of power. from public safety labor unions to the public employers (cities, counties, etc.). Passage of Measure 43 could have a distinct financial impact on cities like Woodburn, but it is difficult to quantify. One of the features of SB 750 was the principal of .Iast best offer., wherin an arbitrator chooses a final offer submitted by one or the other of the parties. Presumably, both parties would craft their final offer in a manner to be liveable and generally equitable to the other party. Prior to SB 750, arbitrators could .pick and choose. the features to be included in a binding settlement. S8 750 also allowed employers (cities) more latitude in the reasonable use of volunteers than would be allowed under this measure. Measure 43 language would also broaden the definition of .public safety employee. to conceivably include clerical employees and other non-certified positions. Changes in any of the features described ~ translate to higher costs of doing business. I urge you to study the attached and any other material that will help you to become familiar with both the pros and cons of Measure 43. TI" l5C . SUMMARy OF MEASURE 43 "AfdENDS cOLLECTIVE BARG~GLAW FOR PUBLIC SAFETY EMPLOYEES" DISTRIBUTED BY HASINA E. CASSIM. WESTERN ADVOCATES INC. P~ARED BY MARIA KELTNER, LGPI alANGBS THE COLLBCTIVE BARGAINING LAWS FOIlPUBUC SAFB'IY EMPLOYEES. Creates a ......_ Public Safety Collec:CiYe 8Irpiaia& Ad whic:h is a modifiecl wniaD ofdle pe-SB 150 PBCBA provisioas applicable to public safety coIloctM ...In.. It IDeP'- DOlle ofdle SB 150 PBCBA ~ IIpplicable to pabIic safety coOectiw blrplnn.g It cIifl'en 1iom die pe-SB 150 PBCBA pIVYisioas IIppIicable to public safety c:oIlectiw bIrgaiDiDs in scveraI respects. EXPANDS DBFIN1110N OF PUBLIC SAFBTY EMPLOYEE. DefiD~ of"'public safety cmpto,ce" is ~ to iadacIe ALL public emptoyeea wboIejob dudes iDclude publicllfety ~ ALL emptoyeea..-Ioyecl by the DepII1mCDt ofStllte Police. city police cIepIrtmcID. couaty sheriff cIcpIrtmeDtI. state _local correcdoaal tiIciIitieI_laatit,,~.... fire ~ fR ~ disCrias. fR pmeec:.tioD IpGCies. _ __,eoey disp8Vh agencies. (B1eetecl ofticIaIs, perICIIIS IppOiIded to teIW 011 boards or l!ftIftm~. md penoas who Ire COl'fWfttW or supcrviscxy employees RID8iD adI~ IN1EREST ARBITRA nON CHANGES. Cum:atly (post 1995 SB 150) the iDta'est arbitlAtor must write the coIlec:dw bIrgaiDiDs COIltrICt prcMsloas. for ~ items. by RieDe oae or the oCb<< perty'1 total fiDa1 off<< pKb&e. The measure allows the interest aabibaor to write 1heso collective bIrpiDiD& CODtrICt provisioDs without reprd to the otfen/propoS8ls made by the pIrties. Current law (post SB 150) also ..... die iaIa'eIt .biUt<< to pw priority to the iDtaest aad wcI&re of the pabIic. The measure rcquiRs the iDtaest IIbm..t<< to c:oasic:lerdlil facmr bat does DOt give it priDuay priority. ,,' (.. . The meaure requtra the intaat .mitrat<<to coasid<< &cton ... into C<JIIIide.moa iD the settiD& ofwages. hours _ concfi1iom. of emptoymeat aad adds that die interest Dih..aor DlUIt ~wuk load - pl'OductiYity. Ok,~ (post SB 150). the bdaat.milratoc is to CODSider'these &ctms oaIy ifdle ~i7wI faders do DOt provide sufficient evidence for a decision. Curnnt Iaw.(post SB 150) requires the interest arbitrator to coasiderWlpl aad beDditt paid iD both the public IIlCi priv8te sectors in comparable _mlmlQes within the StIIte ofOre&on (c:ideI ova' 32S,OOO may be comperccl with out-of-<<ate cities). The measure allows the bdaat .bbl....to coasider oaIy WlplIIlCi b..4efits of od1a' public safety employees _ it does DOt specify where they may be IocDcl STRIKES wmat CREA1E A a.BAIlAND PRESBNTDANGEllOR. nmEATTO THE HEAL1lI, SAFElY OR. WELFARE OF THE PUBUc. Cumat law (post SB 150) aIIowI public emp1o)'en to pedtioIl the circuit court for reliefwbea a strike (occ:uniDc or about to occur) aeIdeIa clea' aad.... dIapr or tbreIt to the iaea1tb, safety or welfare of1he public. The measure requires the public: employer to &0 to BRB for a decIantioD tbat a strike is, or would be, un1awfuI and then to cin:uit court to caforce the ERB Ordec. COMMUNlCAnONS B~AIR. LABOR. PRACItCSS. The meuure restores pro-SB 150 law that makes it 1ft un&ir labor practices for the public employer (or its dcsiv...... fepl~) to commmcate directly or indirectly with employees in the bargaining unit (other than the cJ-igra~ berpioin& representative) during the period of negotiations regarding employment relations. It also IestoIeS the similar unfair labor practice applicable to public employees and labor orvni7lltions. ,. l5C , 'DANSFERS AND PROMOTIONS ADDED TO MANDATORY SUBJECTS OF BARGAINING. Oment law (post SB 7S0) limits the scope ofb3rgaining to subjecls ERB previously determined were permissive, detcnnine9. to have a greater impact on management.s prerogative than on employees wages, hours or other tenDS and conditions of employment and that have an insubstantial or de minimis effect on employee wages, hours and other terms and coocIitions of employment. Current law also excluded scbedu1ing of services provided to the public, determination of minimum qualifications, criteria for eva1qationlperfonnance appraisal; assignmc:ot of duties; worldoad (when the etfec:t 011 duties in iDsubstlmtilll). reasoaable dress. grooming and at-work personal conduct requirements (e.g. ~g. gum chewing. and similar matters ofpersoaa1 conduct at work) fi'om m,.nclftmy bargaining It also ~ those d:llffirlg levels and safety issues which have a direct and subsmltW effect on the on-the-job safety of public emp10ycCs assubjecCs ofnu.....llhwy barpmlng The measure does not include these requirements and adds -.rety" to the atatdtOIy list of lIJ......atory subjects ofbarvlning DISCJPLINEIGRIEV ANCB ARBITRATION A W AlUJS. CUmnt law (post SB 7SO) requires that a grievance IIi'bitl.IltioD &WIld ordering rci:astakmeot of. public employee (or otberwisc relieves the employee of responsibility (or misconduct) must comply with public policy requirements as clearly definecl in stIdIda Ol" judicial decisions IacPf'P1I policies pedaining to semal1urassmcnt or sexual miscoI1duct, unjustified ad egregious use of physical or deadly force and serious crimiDa1 miIc:cIaduct Also. if it is claimed dull the cmplo)'ee should be RiJIshotM beefo- the employee preYiously treated ocher employees cIi1fereatly for the 111M or similar ~1Ct,.1hen the pkwDcc arbitnltor must follow stated principles ClOIlCUIling discbIrge IDd discipline. 1be measure does not include this 1anguage.1IlCI, unlike pro-SB 7SO law, requires dull nothing in ORS 0uIpCa' 243 n:strict tile right of a public employer to discipline or discbarge . pubI.ic safety employee for just cause. 11MB LINES FOR BARGAINING. The measure does not include the provision in current law (post SB 7S0) that requires negotiatioas for new Ol" successor coUectM blrgaining 19I'CCIIleldS to con,inue for ISO days of good faith ..eaociatioDs before pI'OCleed~ to mediation (unless both parties request ~ adier). Nor docs it require that for mid-tam neptiatioas. the empio)'ec's exchJskte representation waives the right to bargain over the issue unless a derP_d to bargain ~ filed within 14 days of tile employer's notice of 1Dtidpa1ed c:baagcs. OONTRACI'ING OUT_ 1be measure does not include the provision in CUITCI1t law (post SB 7SO) that specifics that use oholwm=en to provide senices is not ~ c:ontnctin&: out for services, and use ofreserve police personnel dUll does not IeqUire layoff sbaII not be coasiclered c:ontrIding out. DEFINI1l0N OF SUPERVISORY EMPLOYEE 10 TIlE PRE-SB 7S0 DEFINITION. The measure returns this definition to the one in statute pial'to the passage ofSB 7S0 in 1995. ,.' '1" 150 .. ", . M...E.M..O TO: Mayor and City Council FROM: Chris Childs. City Administrator ~ SUBJ.: Marion County Community Correct'onaLForum Report DATE: September 18. 1996 As you will recall, the Marion County Board of Commissioners and staff recently held a series of public meetings around the county to explore options regarding adult and juvenile correctional facility needs. This included one such meeting in Woodburn. We have received from the Board of Commissioners a Summary Report concerning the public input received at the series of meetings. For your review, I am attaching the transmittal letter that accompanied the report, as well as a flyer describing several followup meetings. Due to its length, we are not reprinting the report itself, but it is available in my office if you wish to review it at your leisure. Please contact Kay Vestal, Executive Secretary, in that regard. For your general information in an Wexecutive summaryW format, however, I am reprinting below the verbatim text of the final -Conclusionw portion of the county's report: -The Marion County Community Forum meetings did not produce the specifIC directives the county sought for dealing with its growing offender population. That there is not consensus on a specific solution is perhaps the single most important conClusion we can draw. The county's response must adequately address both the prevention and the enforcement themes in a context of fiscal responsibility. That the county needs to communicate with the public in an ongoing way is one of the clearest signals the public sent. The forums were invaluable in bring county personnel out to communities to hear what people were thinking and advocating. Likewise, community participants were genuinely grateful for the opportunity to be heard and to meet with the county's decision makers. With that experience, this report, and the dedication of many bright, hardworking and visionary county staff and residents, we can look forward to programs that are more cohesive, better communicated, and designed in concert with the people of Marion County. - (SO)) 588-5212 (SO)) 588-5237 - FAX IOARD Of COMMISSIONERS Randall Franke Gal}' Heer Mary B. Peannine ADMINISTRATIVE OffICER Ken Roudybush 150 Marion County OREGON BOARD OF COMMISSIONERS September 1996 Enclosed with this letter is a report on the infonnation received from the series of Marion County Community Forums held throughout the county in April and May. We are very grateful to you for your support in holding one of theses meetings in your community and apologize for the delay in reporting back to you. The report gives a short summary of the common themes we heard from the participants at all of these meetings. and then presents a matrix of the specific ideas contributed by the participants and the meeting sites where those ideas were heard. All participants who requested a copy have been sent one. We are also releasing copies to local news media and making sure they also go to city halls and libraries. We found this series of meetings to be extremely enlightening and helpful in our:. planning process, and we thank you sincerely for sponsoring a meeting and giving us the benefit of your perspective. A clear message from virtually all the meetings was that Marion County residents want us to make more of an effort to communicate with them. In response to that message, we are scheduling meetings this fall to check that the report clearly represents public feeling. We are also planning to visit each of Marlon County's 20 cities this winter to get public feedback on the proposals we will be developing to deal with the growing offender population. We hope your invaluable support of this process will continue. Please see the enclosed flyer announcing the dates and locations of the fall meetings. We hope you will be able to attend one of these sessions. If not. and you wish to comment on the report, please contact our office. We welcome your comments and look forward to meeting with you again. Smcercly, ~~ ~ _ ~ ~ ~~8~ Rand ranke Gary H r M earqfine Marion County Courthouse . 100 High Street NE . Salem, Oregon 97301-3670 150 We're cOfi!lmg hack ! OREGON At 14 community forums, you told us your concerns about public safety in your community and in Marion County. You gave us your thoughts on how to handle a growing number of juvenile and adult offenders on a tight budget. Now we've set five more meetings to talk with you about what we've learned from those forums, checking to make sure we heard you correctly. Please join us at one of these sites: . 7 p.m. Tuesday, Sept. 24, Abundant Life Center, 835 N. 2nd St, Jefferson . 7 p.m. Tuesday, Oct. 1, Stayton Community Center, 400 W. Virginia . 7 p.m. Monday, Oct. 7, Detroit City Hall, 150 Detroit Ave. . 7 p.m. Wednesday, Oct. 9, Keizer City HaD, 930 Chemawa NE . 7 p.m. Wednesday, Oct. 23, Pythian Building, 2nd and Liberty, Aurora We look forward to seeing you, Marion County Board of Commissioners Randy Franke Gary Heer Mary Pearmine If you require interpreter services, an assistive listening device, large print material or other accommodations, please contact the Board of Commissioners Office at 588-5212 at least 48 hours in advance of the meeting. 15E CITY OF WOODBURN 280 Garfield Street . Woodburn, Oregon 97071 . 982-5252 Library MEMORANDUM TO: WOODBURN MAYOR AND CITY COUNCil through CHRIS CHilDS, CITY ADMINISTRATOR DATE: September 18, 1996 FROM: UNDA SPRAUER, UBRARY DIRECTOR RE: Ubrary Park Improvements In connection with the grant from the BurlinghamTrust to install an underground sprinkling system in library Park, spearheaded by Mayor Kirksey. it was necessary to evaluate the trees in the pari<. The library Board and I are also in the planning stage of installing a reader board near the comer of First and Garfield Street, with donation from the Kiwanis of money given in memory of Alan Hamilton. There have been considerations of the possible effects of the trees on the new system and also the possible damage to the trees by the trenching to install the system. To my knowledge, this is the first major tree maintenance project in this park for many years, perhaps since the library's building project in the late seventies. The result of the evaluation is: . some trees are in need of being trimmed . unfortunately four trees need to be removed . the stump grinding needs to take place. . three new, smaller trees need to be planted Unless I have instructions to the contrary, I anticipate this \Wf'k will begin about the middle of October, 1996. Attached for your information is a copy of a memo from John Pitt outlining his recommendations. . ~ 15E ,~ , l' ,. MEMORANDUM TO: Linda Sprauer, Library Director FROM: John Pitt, Superintendent Parks and Facilities SUBJECT: Tree Removal On Library Grounds DATE: September 17, 1996 In response to our conversation of Tuesday, September 17th regarding the trees needing trinming and/or removed from the open area on the back side of the Ubrary, at the comer of First Street and Garfield Street. It is my recomnendation that the two trees at the point of the sidewalk, to the comer, need to be removed to make room for the sign you and the Mayor would like to install in that area, this would also improve site clearanoe in that area. Also needing removal is the tree directly to the right of the doors as you exit from the building in front of the windows about 20' from the building. The debris from this tree falls on the roof causing gutters to clog and necessitating cleaning every other week during the rainy season. The root entry into the down spout drains also cause a problem and are now at a point of lifting and aacking the foundation and side-walk entry to the building. The redwood tree that is in the center of that area has lost its top and several of its larger branches from wind stonns over the years. This also causes a considerable amount of stress on the lower branches causing yellowing and dying stems and small branches. All the other trees around the outside and along the walkways need to be trinvned of dead wood as a safety precaution. Doing this Will also help keep the trees healthy. Trimming the branches in the center of the tree opens up the center to allow wind to pass through the trees instead of the tree becoming a sail and blowing down. I recommend replanting three of the same type of trees. These would include: 1 Redwood (5-10 gallon pot) 2 Douglas Fir (5-10 gallon pots) I also would recommend the trees be planted away from the building, signs or overhead lighting. I do not have the cost of this project. I understand that Rod Vistica of Vistica's Tree Service has given you a price for the trimming and removal work. CC: Chris Childs, City Administrator "" - h~J,",+ " questions you need to answer for a Drug-Free Workplace o Is drug use a workplace issue here in Woodburn? Ken Wright, Woodburn Chief of Police Tracy Read, MD, Woodburn Family Medical Center Marilyn Trinkle, Northwood Health Center/Health First @ How do I develop, implement and keep a drug testing policy updated? Kathy Peck, Attorney at Law Williams Zografos Peck & Atwood e How do I implement or make changes to my policy to get my employees' buy-in? Here's what works for us-it might work for you. Toni Orlandini. HWI Judy Carlson, Triplett-Wellman Construction Joni Chenoweth, Silverton Hospital Doug Templeton, Woodburn Carcraft e My employee tests positive-now what? Myra Gibson, C.E.A.P. Cascade Centers, Inc. o Does drug testing work? Get the laboratory perspective and a review of the efficacy of the medical review process. Grant Beardsley, M.S., M.T.(ASCP) Oregon Medical Laboratories Welcome given by: Esther Eldridge, Education Coordinator Woodburn Family Medical Center Introduction given by: Patrick Vance, Director of Health Programs, Woodburn Family Medical Center Joan Garren, President, Woodburn Together ./ Registration begins at 7:45 a.m. ./ Program starts at 8:00 a.m. yI' Lunch will be served at 11 :45 a.m. . $20 registration fee includes breakfast, lunch and handouts . Questions? Call Ronda Tidwell at 541-687 -2134, x. 8070 or 1-800-826-3616, x. 8070 . Mail or fax registration to: Oregori Medical Laboratories Attn: Ronda Tidwell PO Box 972 Eugene, OR 97440-0972 Fax: 541-341-8081 Parking is limited to sides of WFMC lot and lot across tlte street.-NO STREET PARKING A continental breakfast and lunch will be served. r----------------------------------------------- Yes, please register me for the drug-free workplace program: Registration due by October 18,1996 Name Title Company Address City October 25, 1996 8 a.m.- 1 :30 p.m. Woodburn Family Medical Center Conference Room A, 2nd Floor 1390 Meridian Drive Woodburn, Oregon Sponsored by: Woodburn Chamber of Commerce Woodburn Together Woodburn Family Medical Center Northwood Health CenterlHealth First Oregon Medical Laboratories State Zip Phone Fax Registration fee: $20 payable to Oregon Medical Laboratories Payment Method: 0 Check 0 PO # Account # Signature Special needs (dietary, access, etc.): o VISA 0 Master Card Exp. Date [